E4180 v2 INDIA COASTAL DISASTER RISK REDUCTION PROJECT (CDRRP) PUDUCHERRY ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) FINAL MARCH 2013. PROJECT IMPLEMENTING AGENCY, GOVERNMENT OF PUDUCHERRY (GoPY) INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ TABLE OF CONTENTS List of Abbreviations and Acronyms .......................... Error! Bookmark not defined. Executive Summary .......................................................... Error! Bookmark not defined. 1 Introduction ............................................................... Error! Bookmark not defined. 1.1 Project Background........................................ Error! Bookmark not defined. 1.2 Project Objective ............................................. Error! Bookmark not defined. 1.3 Project Description......................................... Error! Bookmark not defined. 1.4 Project Cost Estimate .................................... Error! Bookmark not defined. 1.5 Objective of Environmental and Social Management Framework (ESMF) ............................................................................... Error! Bookmark not defined. 1.6 Legal Requirements ....................................... Error! Bookmark not defined. 1.7 Bank’s Safeguard policies & Project Categorization..... Error! Bookmark not defined. 1.8 Structure of the ESMF ................................... Error! Bookmark not defined. 2 Social Safeguards and Resettlement Management .........Error! Bookmark not defined. 2.1 Introduction ...................................................... Error! Bookmark not defined. 2.2 Objective of RPF .............................................. Error! Bookmark not defined. 2.3 Land Acquisition (LA) ................................... Error! Bookmark not defined. 2.4 Options for CDRRP ......................................... Error! Bookmark not defined. 2.4.1 LA Act .............................................................. Error! Bookmark not defined. 2.4.2 Consent Award ............................................ Error! Bookmark not defined. 2.4.3 Direct Purchase ........................................... Error! Bookmark not defined. 2.5 Categories of Project Affected People ..... Error! Bookmark not defined. 2.6 Approach ............................................................ Error! Bookmark not defined. 2.6.1 Cut-Off Point for PAF Identification .... Error! Bookmark not defined. 2.6.2 Identification of PAPs ............................... Error! Bookmark not defined. 2.6.3 Compensation for structures and other assets..Error! Bookmark not defined. 2.7 Entitlement for PAFs Matrix ....................... Error! Bookmark not defined. 2.8 Grievance Redress .......................................... Error! Bookmark not defined. 2.8.1 R&R Committee (RRC) ............................. Error! Bookmark not defined. 2.8.2 Grievance Redress Committee (GRC) . Error! Bookmark not defined. 2.8.3 Legal Options to PAFs............................... Error! Bookmark not defined. 3 Review of CDRRP sub-projects / initiatives... Error! Bookmark not defined. 3.1 Housing and Other Infrastructure ............ Error! Bookmark not defined. 3.1.1 In situ Housing (Retroactive and Additional) ....Error! Bookmark not defined. 3.1.2 Nallavadu Housing (Retroactive)......... Error! Bookmark not defined. 3.1.3 Underground Electricity Cables ........... Error! Bookmark not defined. 3.1.4 Strengthening old Government buildings ...........Error! Bookmark not defined. 3.1.5 Repair and rehabilitation of existing bridges.....Error! Bookmark not defined. 3.1.6 Strengthening of culverts ........................ Error! Bookmark not defined. 3.2 Sustainable Fisheries..................................... Error! Bookmark not defined. 3.2.1 Fish work shelters (Retroactive) ......... Error! Bookmark not defined. 2 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ 3.2.2 Fishing Harbor (Retroactive) ................ Error! Bookmark not defined. 3.2.3 Fish markets (Retroactive)..................... Error! Bookmark not defined. 3.2.4 Implementing FIMSUL recommendations ..........Error! Bookmark not defined. 3.3 Strengthening Risk Reduction & Response Capacity ... Error! Bookmark not defined. 3.3.1 Bio-Shields .................................................... Error! Bookmark not defined. 3.3.2 Strengthening Risk Reduction & Response Capacity: Fire service Error! Bookmark not defined. 4 Stakeholder Consultations & Disclosure ......... Error! Bookmark not defined. 4.1 Project-level stakeholder consultations Error! Bookmark not defined. 4.2 Sub-project level stakeholder consultations ...........Error! Bookmark not defined. 4.3 Disclosure .......................................................... Error! Bookmark not defined. 4.3.1 Physical disclosure locations ................. Error! Bookmark not defined. 4.3.2 Website .......................................................... Error! Bookmark not defined. 4.3.3 Translation in local language / Tamil Error! Bookmark not defined. 5 Implementation Arrangements .......................... Error! Bookmark not defined. 5.1 Planning & Coordination.............................. Error! Bookmark not defined. 5.2 Preparation, Approval, Funding and Implementation of EMPs/ RAPs . 32 5.3 Monitoring & reporting arrangements ... Error! Bookmark not defined. 5.4 Training & Capacity-building ..................... Error! Bookmark not defined. 5.5 ESMF audit......................................................... Error! Bookmark not defined. 5.5.1 Sub-project level ......................................... Error! Bookmark not defined. 5.5.2 Project level .................................................. Error! Bookmark not defined. 5.6 Budgets ............................................................... Error! Bookmark not defined. Annexures ............................................................................. Error! Bookmark not defined. Annexure 1: Summary of applicable environmental laws and regulations ... Error! Bookmark not defined. Annexure 2: Summary of applicable resettlement and social laws and regulations ................................................................................................... Error! Bookmark not defined. Annexure 3: Synopsis of Select World Bank Safeguard Policies Error! Bookmark not defined. Annexure 4: Resettlement Entitlement Matrix ...... Error! Bookmark not defined. Annexure 5: Review / Field Visit – Table of Observations ...Error! Bookmark not defined. Annexure 6: Quarterly Progress Reporting Format – PIA, GoPY to the World Bank ................................................................................................... Error! Bookmark not defined. Annexure 7: Terms of Reference for Third party annual ESMF audit .............. Error! Bookmark not defined. Annexure 8: Terms of Reference for Conducting ESA and preparing EMP and RAP for Sub-Projects .................................................................. Error! Bookmark not defined. Annexure 9: Terms of Reference of the PIA Environmental Management and Social Management Consultant .................................... Error! Bookmark not defined. 3 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Annexure 10: Stakeholder consultations at Puducherry – A brief report ...... Error! Bookmark not defined. 4 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ List of Abbreviations and Acronyms APL Above Poverty Line ASI Archeological Survey of India BC Backward Caste BOQ Bill of Quantities BPL Below Poverty Line CBDRM Community-Based Disaster Risk Management CDRRP Coastal Disaster Risk Reduction Project CRZ Coastal Regulation Zone DPR Detailed Project Report DRR Disaster Risk Reduction DWAS Disaster Warning Announcement System EA Environmental Assessment EMP Environmental Management Plan ESMF Environmental and Social Management Framework ESA Environmental and Social Assessment ETRP Emergency Tsunami Reconstruction Project FIMSUL Fisheries Infrastructure Management and Sustainable Livelihoods GIS Geographic Information Systems GoPY Government of Puducherry GoTN Government of Tamil Nadu GP Gram Panchayat GRC Grievance Redress Committee HT High Tension HTL High Tide Line ICZMP Integrated Coastal Zone Management Plan IGA Income Generating Activity LA Land Acquisition MoEF Ministry of Environment & Forests NGO Non Governmental Organization OBM Out Board Motor OH Overhead OHS Occupational Health and Safety OP Operational Policy PAF Project Affected Family PAP Project Affected Persons PIU Project Implementation Unit PIA Project Implementing Agency PMU Project Management Unit PRI Panchayat Raj Institution RAP Resettlement Action Plan RPF Resettlement Policy Framework RRC Resettlement & Rehabilitation Committee PY Puducherry SC Scheduled Caste SDMA State Disaster Management Agency SHG Self Help Group SPCB State Pollution Control Board ST Scheduled Tribe TN Tamil Nadu UG Underground VRCC Vulnerability Reduction of Coastal Communities 5 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Executive Summary Background The Union Territory (UT) of Puducherry consists of four small, unconnected districts: Puducherry, Karaikal, Yanam, and Mahe. In particular, the districts of Puducherry and Karaikal – the focus of CDRRP - are both enclaves of Tamil Nadu and constitute 76 percent of the total population of UT. Similar to the surrounding areas of Tamil Nadu, about two-thirds of the population in these districts lives in densely packed urban settlements along the coast. As such, important sources of revenue include fisheries, agriculture, tourism, and the service sector. Project Development Objective The project development objective of the proposed Coastal Disaster Risk Reduction Project (CDRRP), is to reduce the vulnerability of coastal communities to a range of hydro-meteorological and geophysical hazards such as cyclones, storm surges, floods, tsunamis etc; through building resilient infrastructure, enhancing livelihood and coastal risk management capacity of stake holders. Project Description Component 1: Vulnerability Reduction 1. Subcomponent 1.1 (Resilient Housing) - About 1200 multi-disaster resistant permanent houses were being built by owners themselves and 300 through a contractor under the ETRP. Ongoing house construction will be completed. In addition about 1000 new multi-disaster resistant houses will be rebuilt, in the place of thatched houses in vulnerable areas. 2. Subcomponent 1.2 (Restoration of Government Buildings, Bridges and Culverts) - This subcomponent would strengthen and rehabilitate existing public infrastructure like the Marine Building (Town Hall) and a few other similar public buildings, old existing bridges and rebuilding of culverts in Puducherry. This would make the existing infrastructure multi-disaster resistant and restore the heritage of Puducherry. 3. Subcomponent 1.3 (Cyclone Resilient Electrical Network) - Cyclone Thane caused a widespread damage to electricity infrastructure, resulting in human deaths and disruption. The losses amounted to over US$150 million. The replacement of overhead (O.H.) lines with underground (U.G.) cables will be undertaken as part of the project to reduce the losses and the time of restoration. Component 2: Sustainable Fisheries 4. Subcomponent 2.1 (Fishing Infrastructure) - Improve the sustainability of fisheries through provision of fishermen work shelters, modernization of fishing harbours and fish markets. Out of 17 works, 10 were started in ETRP and these are under completion. For the balance, statutory clearances have been obtained; 6 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ designs and bidding documents are at an advanced stage of readiness. These would be taken up for completion under the project. 5. Subcomponent 2.2 (FIMSUL II) – Activities similar to Tamil Nadu. Component 3: Capacity building in Disaster Risk Management 6. The decision support system for disaster response planning has been established in Puducherry that is functioning on a stand-alone basis for individual territories of Puducherry. It will be expanded and integrated to make it more useful and user friendly. The capacity of the Fire Service, the first line of response in times of emergency, will be strengthened with modern equipment and training. A Community Based Disaster Risk Management programme will be integrated within this component. Component 4: Implementation Support 7. This component would finance incremental operating costs as well as the cost of operating the Project Implementation Agency (PIA), Department-level Project Implementation Units (PIU) and for external consultancies required for the preparation and supervision of specific activities including training, exposure visits and knowledge exchange programs. Component 5 – Contingent Emergency Financing- 8. Following an adverse natural event that causes a major natural disaster, the respective governments may request the Bank to re-allocate project funds to support response and reconstruction. This component would draw resources from the unallocated expenditure category and/or allow the government of Tamil Nadu and/or Puducherry to request the Bank to re-categorize and reallocate financing from other project components to partially cover emergency response and recovery costs. This component could also be used to channel additional funds should they become available as a result of an emergency. 9. Disbursements would be made against a positive list of critical goods or the procurement of works, and consultant services required to support the immediate response and recovery needs. All expenditures under this component, should it be triggered, will be in accordance with BP/OP 8.0 and will be appraised, reviewed and found to be acceptable to the Bank before any disbursement is made. In accordance with BP/OP 8.00, this component would provide immediate, quick-disbursing support to finance goods (positive list agreed with the Governments), works, and services needed for response, mitigation, recovery and reconstruction activities. Operating costs eligible for financing would include the incremental expenses incurred for early recovery efforts arising as a result of the impact of major natural disasters. The total project cost is US$ 63 million for the implementation of CDRRP in PY. Purpose of Environmental and Social Management Framework (ESMF) The objectives of the ESMF are the following: * Enhance positive and sustainable environmental and social outcomes associated with Project implementation; 7 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ * Support the integration of environmental and social aspects associated with the numerous subprojects into the decision making process; * Support displaced persons in their efforts to restore their livelihoods and living standards and compensate any loss of livelihood or assets; * Enhance positive environmental and social outcomes; * Minimize environmental degradation as a result of either individual subprojects or their cumulative effects; * Protect human health; * Minimize impacts on cultural property. Implementation of the ESMF will also support and assist with the achievement of compliance with applicable laws and regulations and with relevant Bank policies on environment and social development issues. Social Safeguards and Resettlement Management The ESMF includes a Resettlement Policy Framework (RPF), which will act as guide for mitigating and managing the negative social impacts that would be triggered by the sub-projects under CDRRP. This RPF comprises the following aspects: (a) Land Acquisition, (b) Categories of Project Affected Families (PAFs), (c) Entitlement Matrix, (d) Grievance Redress and (e) Consultation. Apart from the World Bank’s Safeguard Policy on Involuntary resettlement (OP 4.12), the framework has been developed based on the following policies/ legislations: (a) The Land Acquisition Act 1894, (b) The National Policy on Resettlement and Rehabilitation for Project Affected Families, 2007 and (c) The Right to Information Act 2004. The primary objective of this RPF is to provide better standard of living to the project affected persons or at least restore their standard of living to that of before project. If the affected persons belong to Below Poverty Line (BPL) category before the project, then this RPF aims to bring them Above Poverty Line (APL). In the RPF, there is the resettlement entitlement matrix which defines how the different social impacts will be addressed in terms of mitigation and compensation. Environmental Legal Requirements The sub-projects being taken up under the CDRRP will have to be consistent with the applicable laws of Government of India. It is the responsibility of the Implementing Agency to ensure that project activities are consistent with the regulatory/legal framework, whether national, state or municipal/local. The key environmental legislation that are applicable includes (a) Environmental Impact Assessment Notification 2006, and (b) CRZ Notification both of which are under the Environmental Protection Act. Bank’s Safeguard policies & Project Categorization The following Bank’s safeguard policies are triggered in CDRRP: Environment * OP/BP 4.01 Environmental Assessment * OP/BP 4.11 Physical Cultural Resources 8 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Social * OP/BP 4.12 Involuntary Resettlement As the nature and scale of the impacts are minor, temporary and fully reversible, the CDRRP is classified as “Category B.� Stakeholder / public consultations and disclosure At the project-level, a stakeholder consultation workshop was conducted in mid- March 2013. The salient feedback obtained during this workshop is as follows: (a) Dredging should be considered as a disaster risk reduction measure, (b) defining and committing an use for the old bridges, (c) inclusion of other additional bridges / culverts and (d) completion of unfinished fishery infrastructure sub-projects. There were no environmental and social safeguard concerns expressed by the stakeholders. For all the sub-projects that are being retroactively funded, stakeholder consultations were carried out during the preparation of various sub-projects: (a) obtain a better understanding of the potential impacts; (b) appreciate the perspectives/concerns of the stakeholders; and (c) secure their active involvement during finalization of EMPs. Further consultations will be conducted for the new sub-projects as a part of the design and implementation, or through a sub-project ESA process. In all, consultations will be done as a part of the ESA process or fully integrated with the design & implementation or both. The draft ESMF of CDRRP, the sub-project EAs and associated regulatory clearances have been duly disclosed in the web site at www.pon.nic.in on March 14, 2013 Copies of the ESMF and ESAs are also will be available with the PIA. The translation of the executive summary is also available in local language (Tamil) at the above web site, PIA and the collectorate of Puducherry. Key ESMF actions The following table indicates the status / actions against each of the sub-projects to be implemented under CDRRP in PY. No. Title / Description ESMF Status / Actions Component 1: Housing and other infrastructure (i) Nallavadu CRZ clearance was obtained from the MoEF during ETRP. Implementation of generic EMP (integrated in the bid documents after Bank’s concurrence), monitoring and reporting will continue to be a part of the overall project progress monitoring. 9 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ No. Title / Description ESMF Status / Actions (ii.a) Housing: Insitu A CRZ blanket clearance and Town & Country Planning clearance have been obtained during ETRP. Generic EMP to address the minor environmental impacts is being done. . Monitoring and reporting related to EMP implementation will be done. (ii.b) Additional Housing: Insitu CRZ clearance, revenue, planning clearances / approvals will be obtained. Generic EMP (after obtaining Bank’s concurrence) will be integrated in the bid documents. Monitoring and reporting related to EMP implementation will be done. (iii) Replacement overhead electrical ESA will be carried out for the sub- cables by underground cables project (s) and EMP / RAP (as needed) will be developed by the PIA, disclosed and implemented, after obtaining Bank’s concurrence. The EMP will also be integrated with the bid / contract documents, and EMP / RAP monitoring and reporting will be done as a part of the overall progress monitoring. Any temporary social / resettlement impacts will be dealt as per the Resettlement Policy Framework. (iv.a) Repairing existing bridges and CRZ clearance will be obtained. Generic culverts EMP will be integrated in the bid documents by the PIA, after obtaining Bank’s concurrence. EMP monitoring and reporting will be done as a part of the overall progress monitoring. (iv.b) Strengthening old heritage buildings CRZ clearance, Archeology and Planning approvals will be obtained and EMPs and Cultural Properties Management Plans will be prepared by the PIA as per Bank Safeguard Policies. These plans after obtaining Bank’s concurrence will be integrated with the bid / contract documents. EMP / plans implementation, monitoring and reporting will be done. Component 2: Sustainable Fisheries (i.a) Puducherry Harbour ESA was done by the PIA during ETRP with the help of design consultants, (i.b) Modern Hygienic Fish Market / reviewed / approved by the Bankand upgradation in Puducherry and Environmental Clearance was obtained Karaikal 10 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ No. Title / Description ESMF Status / Actions (i.c) Work Shelters in Fishing villages from the MoEF, where required. Half- along the Puducherry Coast and yearly reporting to the MoEF will be Karaikal Coast done as required. EMP was included in the contract documents. EMP implementation, monitoring and reporting will be done. Concurrence will be provided by the PIA / GoPY for disclosing all ESA documents at Bank’s Info shop. (ii) Fisheries Infrastructure Management Integration of environmental and social and Sustainable Livelihoods Project concerns will be addressed as a part of (FIMSUL) Activities: the policy and capacity-building initiatives. Component 3: Strengthening Risk Reduction & Response Capacity (i) Procurement of important machinery, Generic Environment Measures will be vehicles and provision of training to implemented Fire Service Implementation Arrangements PIA will co-ordinate the preparation and implementation of CDRRP as well as the ESMF activities. PIA will include an Environmental and Social Management Specialist to co-ordinate the environmental and social / resettlement activities under the CDRRP. This Specialist will also undertake the monitoring and reporting, training and capacity building and conducting the ESMF audits both at the sub-project level and at the project level. The budgetary requirements for ESMF implementation will be included in the overall operational budget of the PIA, which is covered under the Implementation Support Component and sub- project specific EMP implementation costs will be integrated in the Bill Of Quantities (BOQ) of the respective sub-projects. 11 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ 1 Introduction 1.1 Project Background The Union Territory (UT) of Puducherry consists of four small, unconnected districts: Puducherry, Karaikal, Yanam, and Mahe. In particular, the districts of Puducherry and Karaikal – the focus of CDRRP - are both enclaves of Tamil Nadu and constitute 76 percent of the total population of UT. Similar to the surrounding areas of Tamil Nadu, about two-thirds of the population in these districts lives in densely packed urban settlements along the coast. As such, important sources of revenue include fisheries, agriculture, tourism, and the service sector. 1.2 Project Objective The project development objective of the proposed Coastal Disaster Risk Reduction Project (CDRRP) is to reduce the vulnerability of coastal communities to a range of hydro-meteorological and geophysical hazards such as cyclones, storm surges, floods, tsunamis etc.; through building resilient infrastructure, enhancing livelihood and coastal risk management capacity of stake holders. 1.3 Project Description Component 1: Vulnerability Reduction - US$33 million (Rs. 179.5crore) Subcomponent 1.1 (Resilient Housing) - About 1200 multi-disaster resistant permanent houses were being built by owners themselves and 300 through a contractor under the ETRP. Ongoing house construction will be completed. In addition about 1000 new multi-disaster resistant houses will be rebuilt, in the place of thatched houses in vulnerable areas. Subcomponent 1.2 (Restoration of Government Buildings, Bridges and Culverts) - This subcomponent would strengthen and rehabilitate existing public infrastructure like the Marine Building (Town Hall) and a few other similar public buildings, old existing bridges and rebuilding of culverts in Puducherry. This would make the existing infrastructure multi-disaster resistant and restore the heritage of Puducherry. Subcomponent 1.3 (Cyclone Resilient Electrical Network) - Cyclone Thane caused a widespread damage to electricity infrastructure, resulting in human deaths and disruption. The losses amounted to over US$150 million. The replacement of overhead (O.H.) lines with underground (U.G.) cables will be undertaken as part of the project to reduce the losses and the time of restoration. Component 2: Sustainable Fisheries - US$23.1 million (Rs. 126 crores) Subcomponent 2.1 (Fishing Infrastructure) - Improve the sustainability of fisheries through provision of fishermen work shelters, modernization of fishing harbours and fish markets. Out of 17 works, 10 were started in ETRP and these are under completion. For the balance, statutory clearances have been obtained; 12 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ designs and bidding documents are at an advanced stage of readiness. These would be taken up for completion under the project. Subcomponent 2.2 (FIMSUL II) – Activities similar to Tamil Nadu. Component 3: Capacity building in Disaster Risk Management- US2.7 million (Rs. 15 crores) The decision support system for disaster response planning has been established in Puducherry that is functioning on a stand-alone basis for individual territories of Puducherry. It will be expanded and integrated to make it more useful and user friendly. The capacity of the Fire Service, the first line of response in times of emergency, will be strengthened with modern equipment and training. A Community Based Disaster Risk Management programme will be integrated within this component. Component 4: Implementation Support- US$4.2 million (Rs. 23crores) This component would finance incremental operating costs as well as the cost of operating the Project Implementation Agency (PIA), Department-level Project Implementation Units (PIU) and for external consultancies required for the preparation and supervision of specific activities including training, exposure visits and knowledge exchange programs. Component 5 – Contingent Emergency Financing- US$ 0 million Following an adverse natural event that causes a major natural disaster, the respective governments may request the Bank to re-allocate project funds to support response and reconstruction. This component would draw resources from the unallocated expenditure category and/or allow the government of Tamil Nadu and/or Puducherry to request the Bank to re-categorize and reallocate financing from other project components to partially cover emergency response and recovery costs. This component could also be used to channel additional funds should they become available as a result of an emergency. Disbursements would be made against a positive list of critical goods or the procurement of works, and consultant services required to support the immediate response and recovery needs. All expenditures under this component, should it be triggered, will be in accordance with BP/OP 8.0 and will be appraised, reviewed and found to be acceptable to the Bank before any disbursement is made. In accordance with BP/OP 8.00, this component would provide immediate, quick-disbursing support to finance goods (positive list agreed with the Governments), works, and services needed for response, mitigation, recovery and reconstruction activities. Operating costs eligible for financing would include the incremental expenses incurred for early recovery efforts arising as a result of the impact of major natural disasters. 1.4 Project Cost Estimate The total project cost of CDRRP is US$ 354 million. Of which, US$ 290 million is apportioned for TN and US$ 54 million is allotted for PY. 13 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ 1.5 Objective of Environmental and Social Management Framework (ESMF) The objectives of the ESMF are the following:  Enhance positive and sustainable environmental and social outcomes associated with Project implementation;  Support the integration of environmental and social aspects associated with the numerous subprojects into the decision making process;  Support displaced persons in their efforts to restore their livelihoods and living standards and compensate any loss of livelihood or assets;  Enhance positive environmental and social outcomes;  Minimize environmental degradation as a result of either individual subprojects or their cumulative effects;  Protect human health;  Minimize impacts on cultural property. Implementation of the ESMF will also support and assist with the achievement of compliance with applicable laws and regulations and with relevant Bank policies on environment and social development issues. 1.6 Legal Requirements The sub-projects being taken up under the CDRRP will have to be consistent with the applicable laws of Government of India. It is the responsibility of the Implementing Agency to ensure that project activities are consistent with the regulatory/legal framework, whether national, state or municipal/local. The key environmental legislation that are applicable includes (a) Environmental Impact Assessment Notification 2006, and (b) CRZ Notification both of which are under the Environmental Protection Act. (Annexure 1 for a list of applicable environmental legislation.) 1.7 Bank’s Safeguard policies & Project Categorization The following Bank’s safeguard policies are triggered in CDRRP: Environment  OP/BP 4.01 Environmental Assessment  OP/BP 4.11 Physical Cultural Resources Social  OP/BP 4.12 Involuntary Resettlement As the nature and scale of the impacts are minor, temporary and fully reversible, the CDRRP is classified as “Category B.� (Annexure 3 includes a synopsis of the World Bank’s safeguard policies.) 14 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ 1.8 Structure of the ESMF This report is organized into six chapters. The first chapter deals with project description describing project background, risk profile of the participating states, various components of CDRRP and approach and methodology used for developing this report. The second chapter reviews ETRP sub-projects taken up and environmental and social isssues in these sub-projects. The third chapter describes legal framework applicable to this project and the World Bank safeguards. The fourth chapter deals with Environment and Social Management Framework for CDRRP and describes the key environmental and social issues, objectives of ESMF, institutional arrangements, monitoring and reporting, training and capacity building, consultation and disclosure. The fifth chapter deals with Resettlement Policy Framework detailing procedures for land procurement, approach to resettlement, entitlement matrix, grievance redress, consultation, special attention payable to women and other vulnerable groups and the means of disclosure. 2 Social Safeguards and Resettlement Management 2.1 Introduction This Resettlement Policy Framework (RPF) will act as guide for mitigating and managing the negative social impacts that would be triggered by the sub-projects under CDRRP. This Framework comprises the following sections:  Land Acquisition  Categories of Project Affected Families (PAFs)  Entitlement Matrix  Grievance Redress  Consultation The framework has been developed based on the following policies/ legislations (Annexure 2 gives the summary):  The Land Acquisition Act 1894  The National Policy on Resettlement and Rehabilitation for Project Affected Families, 2007  The Right to Information Act 2004  The World Bank’s Safeguard Policy on Involuntary resettlement (OP 4.12). 2.2 Objective of RPF The primary objective of this RPF is to provide better standard of living to the project affected persons or at least restore their standard of living to that of before project. If the affected persons belong to Below Poverty Line (BPL) category before the project, then this RPF aims to bring them Above Poverty Line (APL). The other objectives of this RPF are to 15 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________  Avoid or minimize involuntary resettlement where feasible, exploring all viable alternative project designs.  Assist displaced persons in improving their former living standards, income earning capacity, and production levels, or at least in restoring them.  Encourage community participation in planning and implementing resettlement.  Provide assistance to affected people regardless of the legality of land tenure. The following guidelines will be followed during implementation:  Compensation and Rehabilitation assistance will be paid before displacement.  Compensation will be at replacement cost.  No civil works will be initiated unless compensation for land and assets and rehabilitation assistance is provided to all eligible PAPs.  Livelihood assistance will be given in form of Income Generation Assets (IGA) to be chosen by the PAPs.  PIA will provide information to the PAPs on alternative income generation activities suitable for the area and help them in making choices.  The PIA will monitor the provision of the IGA.  The PIA will monitor the performance of the IGA and report to PIA. 2.3 Land Acquisition (LA) CDRRP proposes various types of sub-projects to be taken up. These sub- projects will require land depending on their type and size. The land requirement would vary across sub-projects and locations. The type and size of the sub-projects dictate the land requirement. The extent of land required would vary across the sub-projects. GoPY is implementing similar projects on a regular basis, which require land, of which the ownership could be either public or private. Accessing public land is easier, but arrangements will have to be made for securing privately owned land. When additional lands are required, GoPY, as a first step, would try and secure public lands where feasible and available. If private lands are required, then GoPY would resort to using LA Act or through consent award or outright direct purchase of land. There are instances, where GoPY has purchased private lands and transferred these to the projects. 2.4 Options for CDRRP Keeping in mind any eventuality, the following options are proposed for procuring/ acquiring private lands:  Land acquisition using LA Act 1894  Land acquisition through Consent Award  Land acquisition by Direct Purchase 16 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ 2.4.1 LA Act Procedure adopted for the acquisition of land under the LA Act is as follows:  Preparation of land plan schedules and submission to the LA Officer.  Publication by LA Officer of notification under section 4 (1) in the official Gazette and in two daily newspapers (one in regional language).  Preliminary survey, to determine exact portion of land to be acquired. This allows filing of objections within 30 days of the date of public notice under section 5A by parties with an interest in the land.  Declaration of the precise boundaries of the area to be acquired under section 6 in two daily newspapers (one in regional Language).  The Government (Revenue Department) issues directions to the Collector to take order for acquisition of land under section 7.  Land to be acquired is marked and measured and plans prepared under Section 8.  Issuing of notice under Section 9 to landowners showing details of acquisition.  Landholders submit claims for compensation.  Declaration of award of compensation by collector under Section 11 after enquiring into objections. Compensation to be paid with in two years of declaration of award. If no payment is made the proceedings lapse.  Possession of land taken after payment award. 2.4.2 Consent Award Under this method, after given Section 4 (1) notification, compensation is decided based on the negotiated settlement or based on the procedures specified in the act by the LA Officer. Under consent award system, the PAP negotiates with the buyer (LA Officer) for the loss incurred and once the amount is agreed upon, the PAP cannot move the court for enhancement of the compensation. Rates for land are decided through a process of transparent negotiations. 2.4.3 Direct Purchase Under this method, land is purchased through negotiations on a ‘Willing Seller Willing Buyer’ without any influence or coercion on the seller. 2.5 Categories of Project Affected People From the experience of earlier projects and with the knowledge of project locations, it is established that lands acquired will be agricultural lands or residential or commercial lands. Taking these into account, and given that a generic framework is being developed, following broad categories of PAPs are identified:  Titleholders (Assignees)  Encroachers/ Squatters with no valid title  Tenants/ Leaseholders/ Sharecroppers 17 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ 2.6 Approach This section deals with the cut-off date, PAF identification and the approach to be used for this purpose. 2.6.1 Cut-Off Point for PAF Identification Socio-economic survey of the affected families done during the planning phase will serve as the cut-off point. 2.6.2 Identification of PAPs During the preparation of Detailed Project Reports (DPR), a detailed census based socio-economic survey will be conducted and extensive consultations will be held with the PAFs, i.e. the land losers. Each target community will be identified and differentiated on the basis of their source and level of income. The survey will focus on land and various productive assets including wages. This information will be used to determine the nature and extent of livelihood support/assistance (over and above the provision made for compensation) required to restore adequate income levels. All these measures will be taken only after consulting the affected families and wider community. This approach will help in achieving its objective of ensuring that no affected household becomes poorer with the project intervention. 2.6.3 Compensation for structures and other assets Structures: The compensation for structures includes market cost of the assets to build/ procure a replacement asset, or to repair, if affected partially. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account. Compensation for trees, crops and other assets will be based on the replacement value using existing prices prepared by relevant agencies, taking into account their productivity and/or local market prices. Common Property Resources: Grazing lands, places of worship, places of heritage value, burial grounds, water points, community wells, bore wells for drinking water, roads, path ways, wood lots, etc. are categorized under this heading. These resources will be restored to an acceptable level at an appropriate place as agreed with the community. Community will be fully involved in their replacement. 2.7 Entitlement for PAFs Matrix The Entitlement Matrix has been developed for different categories of families. This Matrix can be used as a guide for designing Resettlement Action Plans for individual schemes. All the families will be entitled to two broad categories of assistance- one, compensation for land loss; and two, livelihood (rehabilitation) assistance for starting some income generation activity, which may include the purchase of lands, as decided by the PAF. The livelihood assistance in the matrix are rather indicative (as they are average figures), whereas, the actual assistance will relate to, at the minimum restoring, if not enhancing the pre-land loss income levels. 18 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Details related to the entitlements are presented in the matrix given in Annexure 4. 2.8 Grievance Redress This section deals with the Dispute Redress Mechanism, the Grievance Redress Cell and the legal options available to the PAPs. 2.8.1 R&R Committee (RRC) In order to address grievances related to land acquisition and resettlement and rehabilitation implementation, two bodies are to be established; R&R Committee at the state level and Grievance Redress Committee at the district level. The former will be established under the chairmanship of Chairman of the PIA, GoPY to monitor and review the progress of implementation of resettlement and Joint Project Director – General, CDRRP, GoPY will be Convener of this committee in PY. The composition of the committee will be with the following members: 1. Heads of Participating Departments 2. A senior representative, one each from BC Welfare and SC & ST Welfare 3. A senior representative of the Revenue Department 4. A senior representative of Disaster Management Department 5. A representative of the PRIs 6. A Prominent Academician (Social Scientist) 7. A prominent woman development professional 8. A representative of a prominent voluntary organization 9. Two representatives of PAPs who can articulate well This committee should meet every quarter to review the progress made in the implementation of the RAPs and to solve any grievances of the PAPs. This committee will also provide policy related direction to the Grievance Redress Cell and the participating departments with regard to Land Acquisition and Resettlement and Rehabilitation. 2.8.2 Grievance Redress Committee (GRC) The Grievance Redress Committee will be established at each district under the chairmanship of District Collector for redress of grievances of the PAPs. The Representative from the PIA shall be the Convener of these committees. At the district level, the PIA will provide support to these committees. District level head of all participating departments will be members along with a PAPs representative and a prominent Social Worker of the district. Thus, grievance mechanism will be available at two levels: (i) state level, and (ii) district level. It is proposed that the PAPs first register the grievances with the PIA. After receipt of grievance, the PIA should take them to the committee to take up the matter during the next immediate meeting and initiate 19 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ measures for redress. No grievance can be kept pending for more than a month which means the committee has to meet every month. Implementation of the redress rests with the PIA. In case the aggrieved party is not satisfied with the proposed redress measures, it can take approach the state level committee. If the aggrieved party is not satisfied with the decision of state level committee, it can approach the court of law. Grievance Redress Mechanism Level Agency Time period Issues likely to Responsibility for redress of emerge grievances District Grievance Maximum of Encroachment District Collector as Redress one month Land acquisition Chairperson and the Joint Committee Livelihood Project Director – General, Assistance PIA as Convener Compensation State R&R Maximum of Chairperson, PIA, as Inclusion of Committee three months Chairman, and Project households Director , PIA as Convener 2.8.3 Legal Options to PAFs The PAFs will have two kinds of options for addressing their grievances relating to the Land Appropriation. One is the grievance redress mechanism incorporate in this framework as above. The other is the general legal environment consisting of court of law to address their grievance. These options will be disclosed to the PAFs during the public consultation process. 20 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ 3 Review of CDRRP sub-projects / initiatives 3.1 Housing and Other Infrastructure 3.1.1 In situ Housing (Retroactive and Additional) Description About 1,450 (1,150 in Puducherry and 300 in Karaikal) of vulnerable coastal houses were undertaken for owner-driven insitu construction as part of the earlier project. Of these, about 200 are pending completion. These houses will now be completed under the CDRRP. The sense of ownership and involvement of the beneficiaries in housing construction was found to be exemplary. Given the overall positive experience and the non-availability of land to relocate, about 1,000 multi- disaster resistant houses in place of thatched/ tiled roofs in vulnerable coastal areas will be additionally constructed. Impacts & management measures There are minor construction-related physical environmental impacts that need to be managed. ESMF Actions Undertaken / Required The following are relevant:  A CRZ blanket clearance and Town & Country Planning clearance have been obtained. The insitu construction will be consistent with the clearance requirements. For the additional 1,000 multi-disaster resistant houses, CRZ blanket clearance will have to be obtained.  Generic EMP to address the minor environmental impacts was prepared by the PIA and Bank’s concurrence was obtained. This will also be used for the rest of this sub-project implementation as well as the additional multi-disaster resistant houses.  Monitoring and reporting related to EMP implementation will be a part of the overall sub-project progress monitoring. 3.1.2 Nallavadu Housing (Retroactive) Description About 300 houses in a single location and as a part of a community group were undertaken for construction for the tsunami-affected through a contractor at Nallavadu. This sub-project has reached an advanced stage and only support infrastructure – roads, water supply and sewage treatment - needs to be done under CDRRP. As a part of this review, Nallavadu housing was visited. Observations specific to these locations are included in Annexure 5. 21 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Impacts & management measures There are minor construction-related physical environmental impacts that need to be managed. In particular, campsite management and disposal of construction debris have to be properly managed. No social impacts have been identified. ESMF Actions Undertaken / Required The following are relevant:  CRZ clearance was obtained from the MoEF.  Generic EMP to address the minor environmental impacts was prepared by the PIA, Bank’s concurrence was obtained and the EMP was integrated into the Contract documents for the implementation by the contractor.  Implementation, monitoring and reporting will continue to be a part of the overall project progress monitoring. 3.1.3 Underground Electricity Cables Description To avoid risk exposure to cyclone, winds and related hazards, replacement of overhead (OH) lines with underground (UG) cables will be undertaken. To be done by the Electricity Department, this sub-project is expected to benefit coastal community towns and villages, particularly in terms of an early resumption of power / electricity in the aftermath of natural disasters. This is expected to benefit about 20,000 households, and will cover commercial, domestic, OBOH (hutments), industrial and agriculture connections. These works are proposed for the area covered by particular operation & maintenance (O&M) zones. As a part of this review, selected locations identified to carry out underground cabling were visited. Observations specific to these locations are included in Annexure 5 Impacts & management measures Minor construction-related physical environmental impacts, e.g. storage and disposal of debris, are likely. Apart from being minor, these will also be temporary and fully reversible. As it is underground cabling, occupational health and safety concerns will arise for both the skilled and unskilled workers. In terms of social / resettlement impacts, there may be temporary displacement of squatters and encroachers along the alignment where the UG cables will be laid. No permanent displacement is envisaged. ESMF Actions Undertaken / Required The following are relevant:  To address the minor construction-related environmental and social impacts, an ESA will be carried out by the PIA and suitable EMP / RAP 22 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ (as needed) will be developed, disclosed and implemented, after securing Bank’s concurrence. This EMP will also integrate OHS issues.  This EMP will be integrated with the bid / contract documents.  EMP and RAP monitoring and reporting will be done as a part of the overall progress monitoring.  Any temporary social / resettlement impacts will be dealt as per the Resettlement Policy Framework. 3.1.4 Strengthening old Government buildings Description Strengthening or retrofitting of Old Govt. Buildings like the Marie building (Town Hall) in PY and two other similar public buildings will be done. These will make the existing infrastructure multi-disaster resistant and preserve the heritage of PY. Impacts & management measures Minor construction-related physical environmental impacts, e.g. storage and disposal of debris, are likely. Apart from being minor, these will also be temporary and fully reversible. As these are heritage buildings, the cultural property may be adversely affected if the strengthening is not properly done under expert advice / guidance. There will be no resettlement impacts pertaining to this initiative. ESMF Actions Undertaken / Required The following are relevant:  CRZ, Archeological and Planningclearances will be obtained prior to bid issuance and implementation will be done in line with the conditions.  To address the minor construction-related environmental impacts, a generic EMP will be developed and implemented by the PIA, after obtaining Bank’s concurrence. This generic EMP will be integrated with the bid / contract documents. EMP monitoring and reporting will be done as a part of the overall progress monitoring.  A cultural property plan will be prepared for each of these buildings by the PIA with the help of heritage consultants and Bank’s concurrence will be obtained. This plan will be integrated with the bid / contract documents. Supervision through an expert committee or organization will be ensured so that the cultural heritage is preserved. 3.1.5 Repair and rehabilitation of existing bridges Description The repair and rehabilitation of the existing old Ariyankuppam bridge – uses a brick arch constructive system (1864), Chunambar and Thavalakuppam - will be done with minimal impact on the original character of the bridge. 23 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ As a part of this review, Ariyankuppam and Chunnambar bridges were visited. Observations specific to these locations are included in Annexure 5. Impacts & management measures Minor construction-related physical environmental impacts are likely. Apart from being minor, these will also be temporary and fully reversible. As these are heritage buildings, a cultural property may be adversely affected if the strengthening is not done with expert advice. No resettlement impacts are envisaged. ESMF Actions Undertaken / Required The following are relevant:  CRZ clearance will be obtained prior to bid issuance and implementation will be done in line with the conditions.  To address the minor environmental impacts, a generic EMP will be prepared by the PIA, Bank’s concurrence will be obtained and integrated with the bid / contract documents. Generic EMP implementation, monitoring and reporting will be done as a part of the overall sub-project implementation.  Any temporary displacement will be dealt as per the Resettlement Policy Framework. 3.1.6 Strengthening of culverts Description Reconstruction of two culverts and widening will be undertaken. The culverts are located on Vaithkuppam road over Karuvadikuppam drain and a second one near old Maravadi street, Solai Nagar. These culverts were built about 50 years ago and are located right next to the sea-shore. Due to severe salinity the same has been damaged, and serve as an important and only means of access and/or evacuation during times of distress. Impacts & management measures Minor construction-related physical environmental impacts are likely. Apart from being minor, these will also be temporary and fully reversible. Resettlement impacts, if any, will be temporary in nature. ESMF Actions Undertaken / Required The following are relevant:  CRZ clearance will be obtained prior to bid issuance and implementation will be done in line with the conditions.  To address the minor environmental impacts, a generic EMP will be prepared by the PIA, Bank’s concurrence will be obtained and integrated with the bid / contract documents. Generic EMP implementation, monitoring and reporting will be done as a part of the overall sub-project implementation. 24 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________  Any temporary displacement will be dealt as per the Resettlement Entitlement Framework. 3.2 Sustainable Fisheries 3.2.1 Fish work shelters (Retroactive) Description Work shelter is provided with space for keeping the Out Board Motor (OBM) and fishing gears safely to reduce the periodical loss due to adverse climatic conditions. Work shelters also accommodate space for net mending and carrying out minor repairs of OBM. As a part of providing value addition to the harvest, the sub-project also comprises the provision of solar fish drying units in eight villages and electrically operated winches for hauling the catamarans from shore in two villages on a pilot basis. Of the 8 work shelters, 2 are in Karaikal where work has not yet started. The remaining 6 in PY are under progress. As a part of this review, three locations - Nallavadu, Poornamkuppam and Pudukuppam – were visited. Observations specific to these locations are included in Annexure 5. Impacts & management measures Being on the sea shore, these work shelters have to be consistent to practices in the CRZ. Direct and indirect negative impacts of the project during construction phase include the following:  Increased air pollution due to handling of construction materials, movement of vehicles and construction activities  Increased noise levels due to the movement of vehicles and construction activities  Pollution of sea water due to runoff from the construction sites.  Spillage of oils and other waste materials leading to pollution of sea water  Cutting of coconut trees During the operation phase, direct and indirect negative impacts are the following.  Increased air and noise pollution due to vehicular movement.  Deterioration of environmental quality due to improper disposal of fish waste.  Possible spillage of waste oil during the repair / oiling of OBM engines Detailed ESA for all the work shelters was carried out by the design consultants and an EMP has been prepared suggesting various mitigation measures to avoid or minimize the impacts during the pre-construction, construction and operation phases. No land acquisition is required and hence no Resettlement Action Plan (RAP) is required to be prepared for these sub-projects. 25 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ ESMF Actions Undertaken / Required The following are relevant:  CRZ clearance was obtained and implementation will continue to be done in line with the clearance requirements.  ESA was undertaken and EMP for each work shelter was prepared by the design consultants after detailed field studies and stake holder consultations. EMP after obtaining Bank’s concurrence, was integrated in respective bid packages. EMP implementation, monitoring and reporting will be continued.  The ESA will however needs to be needs to be disclosed at the Bank’s Info Shop. PIA / GoPY to be provide it’s concurrence to the same.  In the context of the sea changing the coastline, there are particular problems in few work shelters. These will entail changes in the design, e.g. change in foundation type. Based on the decisions regarding these, additional environmental management measures will be developed and incorporated in the EMP, as required. 3.2.2 Fishing Harbor (Retroactive) Description Under the construction of the PY harbour, the following works are being undertaken: (a) Maintenance of Dredging works at Ariyankuppam River and at Sea mouth, (b) Construction of Chill Plant, Pre-Processing unit, NetMending Shed, Mechanized Workshop & Improvements of Existing Auction Halls, (c) Construction of Administrative Building, (d) Construction of Slipway, Quay, Boat Repair Yard, Power Room and Winch Room, and (e) Effluent treatment plant (ETP). In the Karaikal Fishing Habour, the following will be undertaken: (a) Construction of Slipway, Power Room, Winch Room and Boat Repair yard; (b) Construction of Chill Plant, Fish Processing Unit and Two Sumps and (c) Effluent treatment plant (ETP). As a part of this review, PY harbour was visited. Observations specific to the harbour are included in Annexure 5. Impacts & management measures The environmental impacts in the pre-construction, construction and operational phases include those pertaining to surface water quality, ambient air quality, noise quality, soil / land contamination due to diesel, LPG and paints and marine environment. All of these impacts need to be managed through proper wastewater management, solid waste management, dredging and construction waste management. All of these are included in the EMP. ESMF Actions Undertaken / Required The following are relevant:  CRZ clearance was obtained and implementation will continue to be done in line with the clearance requirements. 26 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________  EA was done with detailed field investigations and stake holder consultations, Bank’s concurrence was obtained and Environmental Clearance was obtained from the MoEF. Half-yearly reporting to the MoEF will be done.  EMP after Bank’s concurrence was included in the contract documents. EMP implementation, monitoring and reporting will be done.  The ESA will however need to be disclosed at the Bank’s Info Shop. PIA / GoPY to provide it’s concurrence to the same.  Effluent Treatment Plant (ETP) is a part of the sub-project and will be constructed.  There is an issue of disposal of dredge material, which was supposed to be dumped back into the deep sea, which is now currently stored on the land side, due to the current tidal pattern in the sea. The issue will be addressed and the dredged material will be dumped back in to the sea at the appropriate location, as stipulated in the environmental clearance of the project. . 3.2.3 Fish markets (Retroactive) Description Improvements to the existing fish markets in PY at Saram and Goubert market, and construction of the modern hygienic fish market – one in PY and another in Karaikal - is proposed. Of these, upgrading the existing fish markets and the modern hygienic fish market in PY has started. The modern hygience fish market in Karaikal has not yet started. These fish markets are essentially construction of buildings in a layout that is suitable for the buying, selling and storage of fish products. As a part of this review, three fish markets - Modern Hygienic Fish Market and Goubert Fish Market in Puducherry and the proposed location for the fish market in Karaikkal - were visited. Observations specific to the fish markets are included in the Annexure 5 Impacts & management measures The potential impacts of project, during construction and operation phases include air pollution during excavation, construction and vehicle movement, (b) noise pollution due to construction and vehicle movement, (c) water pollution from labour camps and construction activities, and (d) solid waste due to construction activities. To mitigate these impacts, an EMP has been prepared. This includes waste water management, solid waste management, air pollution management and noise control measures. ESMF Actions Undertaken / Required The following are relevant:  For the two fish markets in Puducherry, no CRZ clearances were required. For the fish market in Karaikkal, CRZ clearance was obtained. The implementation will be done in line with the CRZ clearance. 27 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________  Town & Country Planning clearances were obtained. The implementation will be done in line with this CRZ clearance.  ESA was done for all these fish markets with detailed filed investigations and stake holder consultations. EMPs were integrated with the contract documents, after obtaining Bank’s concurrence for the ESA and EMP. EMP implementation, monitoring and reporting will be continued.  The ESA will however need to be disclosed at the Bank’s Info Shop. PIA / GoPY to provide it’s concurrence to the same.  In the Goubert Fish Market, there are certain issues with regard to the sequence of the vendors to relocate. This will be managed in consultation with the vendors and is expected to have no environmental impacts.  In the Karaikkal Fish Market, there is a drain skirting the site. As this drain serves that region, care will be taken to ensure that no debris is stored or blocks the drain. 3.2.4 Implementing FIMSUL recommendations Description Completed as a part of the earlier project, FIMSUL laid a strong foundation for implementation of fisheries reform. Under CDRRP, this will put into practice key reforms for the marine fisheries sub-sector in TN and Puducherry. Like in TN, Fisheries Management Planning, Fisheries co-management in three geographical units, monitoring & evaluation and improved capacities and knowledge management will be done. Maximum cooperation of the two governments will be sought so that will be in synergy with the same component in Tamil Nadu. Impacts & management measures The nature of the activities is at a policy reform and capacity building. No physical environmental and social impacts are envisaged. There will be no involuntary restriction in access to resources as a result of the fisheries management sub-component and therefore no process framework is needed. ESMF Actions Undertaken / Required The following is relevant:  Integration of environmental and social concerns will be addressed as a part of the policy and capacity-building initiatives. 3.3 Strengthening Risk Reduction & Response Capacity 3.3.1 Strengthening Risk Reduction & Response Capacity: Fire service Description Important modern equipment and training to the Fire Service will be provided. A needs assessment was done. The following equipment were identified: (i) Sky lift / aerial ladder platform and (ii) Quick response vehicle fitted with accessories cutters, spreaders, combination tool 28 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ telescopic ram, Hydraulic IC engine, Air lifting bags, water mist system, lighting equipment and life detectors). The capacity building in relation to these equipment will be planned and implemented. Impacts & management measures No physical environmental and resettlement impacts are envisaged in this sub-project. ESMF Actions Undertaken / Required 4 Generic Environment Management measures will be implemented. Stakeholder Consultations & Disclosure 4.1 Project-level stakeholder consultations Project-level stakeholder consultations were done at the Puducherry Collectorate on March 16, 2013. Altogether about 75 persons participated. Most of the community representatives were from the villages in the vicinity of the proposed initiatives. Their concerns / suggestions were pertaining more to the project design than on the environmental and social safeguard provisions included. Dredging as a disaster risk reduction measure, defining and committing an use for the old bridges, inclusion of other additional bridges / culverts and completion of unfinished fishery infrastructure sub-projects are some of the suggestions received. Annexure X provides a report on these project- level stakeholder consultations held. 4.2 Sub-project level stakeholder consultations For all the sub-projects that are being retroactively funded, stakeholder consultations were carried out during the preparation of various sub- projects of the project area to: (a) obtain a better understanding of the potential impacts; (b) appreciate the perspectives/concerns of the stakeholders; and (c) secure their active involvement during finalization of EMPs. Consultations were designed in a way that: (a) affected people were included in the decision making process; (b) links between communities and their natural, physical and cultural resources base adjacent to project locations were safeguarded; (c) public awareness and information sharing on project alternatives, benefits and entitlements were promoted; and (d) views on designs and solutions from the communities were solicited. Further additional sub-project level consultations were carried out during the ‘Quick Review of Safeguard Issues’ and the preparation of the ESMF for CDRRP. Inputs from the communities have been appropriated integrated in this ESMF. The following table includes the list of sub-projects for which consultations were done as a part of the ESA. 29 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ No. Project Title Type of Further Details Consultations done Component 1: Housing and other infrastructure 1 Nallavadu Fully integrated with the design Included in the and respective project implementation reports. 2 Housing: Insitu Fully integrated with the design and implementation Component 2: Sustainable Fisheries 1 Puducherry Harbour Stakeholder EIA process meetings done completed and as a part of the disclosure done in project design May 2011. development and EIA processes. 2 Modern Hygienic Fish Stakeholder About 550 Market / upgradation in meetings held at participants and Puducherry and Karaikal (a) Goubert, PY, held in Feb 2009. (b) MAG Hall, Karaikkal, (c) Lawspet, PY 3 Work Shelters in Fishing Stakeholder Fishermen in the villages along the meetings held at respective Puducherry Coast and the Work Shelter villages, March Karaikal Coast locations 2009. Further consultations will be conducted for the new sub-projects as a part of the design and implementation, or through a sub-project ESA process. No. Project Title Type of Consultations to be done Component 1: Housing and other infrastructure 1 Housing: In situ – Fully integrated with the design and Additional Houses implementation 2 Replacement overhead electrical cables by underground cables 3 Repairing existing bridges and culverts 4 Strengthening old heritage buildings 30 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ No. Project Title Type of Consultations to be done Component 3: Strengthening Risk Reduction & Response Capacity 1 Bio-shields ESA will be carried out for the proposed bio-shields 4.3 Disclosure This section covers the disclosure arrangements pertaining to this ESMF and related documents. 4.3.1 Physical disclosure locations Copies of the ESMF will be available with the PIA and the district collector Puducherry. 4.3.2 Website The draft ESMF, the sub-project EAs and associated regulatory clearances have been disclosed in the web site at www.pon.nic.in on March 14, 2013.. Based on the comments / feedback / suggestions received, the draft ESMF will be modified and updated. Copies of the Sub-project EAs and EMPs are also available at the PIA. Summary of each RAP prepared for any sub-project will be disclosed at the PIA and the CDRRP website. 4.3.3 Translation in local language / Tamil The translation of the executive summary is also available in local language (Tamil) at the above web site, PIA and the collectorate of Puducherry . Tamil draft RAPs prepared for all sub-projects will also be advertised in local newspapers and will be physically disclosed at the nearest Gram Panchayat/ Municipal Office or any other local government office, where PAPs can check for its accuracy. The lists of eligible PAPs will also be available at these offices for checking by PAPs. 4.3.4 Disclosure at the Bank’s Infoshop All safeguard documents, including ESA’s prepared in the earlier project (ETRP) will be disclosed at the Bank’s Info Shop, after obtaining PIA / GoPY’s concurrence to the same. 5 Implementation Arrangements 5.1 Planning & Coordination PIA will co-ordinate the preparation and implementation of CDRRP as well as the ESMF activities. PIA will include an Environmental and Social Management Specialist to co-ordinate the environmental and social / resettlement activities under the CDRRP. The co-ordination will include 31 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ interactions on the status / progress of the sub-projects with the consultants / contractors employed and NGOs, if any, supporting implementation. The identified PIA staff will also co-ordinate on ESMF activities with the World Bank. 5.2 Preparation, Approval, Funding and Implementation of EMPs/ RAPs The PIA will prepare the EMP/RAP as required by the sub-project. If the PIA avail the services of any Consultant for preparation of the Detailed Project Report, then the same Consultant will prepare the EMP/ RAP under the supervision/ guidance of the PIA. The EMPs/ RAPs prepared will be scrutinized and reviewed by the Environmental and Social Management Specialist of PIA for their accuracy and compliance with the ESMF. All safeguard documents will be shared with Bank team’s for its review and concurrence. The procurement process for the sub-projects will only start after complying to the safeguard requirements out lined in the ESMF. The funds for implementing the EMPs/ RAPs will be included in the respective sub-project budget. This adequacy of this budget will be reviewed by the PIA. As the budget for implementation of EMP/ RAP is included in the sub-project funds, these funds will flow to the PIA along the sub-project funds. With regard to RAP budget, the amounts given in the Entitlement Matrix are of 2007. These amounts need to be adjusted to inflation at a rate of 10% per year compounded every year from 2007 to the actual year of payment to PAPs. The PIA will implement the respective EMPs/ RAPs. Generally the EMPs are included in the sub-projects contractor’s agreements. The RAPs will be implemented by the PIA and if required PIA can seek the assistance of local NGOs/ CBOs. If PIA wishes to avail the assistance of NGOs/ CBOs in implementing the RAPs, then the cost for the same need to be included the budget while preparing the RAP. 5.3 Monitoring & reporting arrangements As the PIA will be overseeing the preparation and implementation of their respective sub-projects, the monitoring & reporting will also be co- ordinated by the Environmental and Social Management Consultant (Refer Annexure 9 for a typical ToR). The Project Management Consultants (PMC)’s Environmental and Social Management Specialist will support him / her. This monitoring & reporting will include obtaining the various Government clearances, including the CRZ and MoEF clearances, adherence to the clearance conditions and compliance to the EMP requirements. 32 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ PIA will monitor and report on a quarterly basis on all aspects of the ESMF implementation. A monitoring / reporting format is included in Annexure 6. 5.4 Training & Capacity-building PIA will institutionalize a system of training and capacity building for all Consultants and Contractors on the ESMF on an ongoing basis. It will be organized on a six-monthly basis on a routine and will also be conducted on a case-to-case basis as required. The training will cover the features and requirements of the ESMF, sub-project level environmental management requirements and dos & donts relevant to the individual sub-projects. The cost of these trainings will be included as part of the overall operational budget of PMU under the implementation support component. 5.5 ESMF audit 5.5.1 Sub-project level PIA will ensure that the audit to the ESMF requirements to be adhered by the construction contractor at the sub-project level will be done along with third-party technical quality audits being done for the project as a whole. These audits will necessarily include environmental and social safeguard requirements both at the project level and with respect to individual sub-projects. 5.5.2 Project level In addition, the PIA will organize an audit of the adherence to ESMF requirements on the whole with an external third party auditor. This will be done once every 2 years. This will be done once prior to the mid-term review and once before the project conclusion. These audit reports will provide useful insights / inputs to the overall effectiveness of ESMF implementation. (Refer Annexure 7 for the ToR of the ESMF audit.) 5.6 Budgets The budgetary requirements for ESMF implementation will be included in the overall operational budget of the PIA, which is covered under the Implementation Support Component and sub-project specific EMP implementation costs will be integrated in the Bill Of Quantities (BOQ) of the respective sub-projects. 33 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Annexure 1: Summary of applicable environmental laws and regulations Legal Framework - Environment – Central Legislation Water and Air (Prevention & Control of Pollution) Acts Water (Prevention and Control of Pollution) Act, 1974 resulted in the establishment of the Central and State Pollution Control Boards (SPCBs) whose responsibilities include managing water quality and effluent standards, as well as monitoring water quality, prosecuting offenders and issuing licenses for construction and operation of certain facilities. The SPCB is empowered to set air quality standards and monitor and prosecute offenders under the Air (Prevention and Control of Pollution) Act, 1981. Relevance to the Project All construction contractors need to obtain the consent-to-establish and consent- to-operate for the various plants – concrete batching, stone crushing and other plants – that they may erect for the purpose of construction. This should be obtained from the nearest regional offices of the SPCB. If existing plants are to be used, then these should have the required consents. Environment (Protection) Act, 1986 and Environmental Impact Assessment Notification, September 14, 2006 Environmental (Protection) Act, 1986 is the umbrella legislation providing for the protection of environment in the country. This Act provides for the Environment (Protection) Rules. Environmental Impact Assessment Notification, 2006 and the various amendments pertaining to this notification form a part of the regulations under this legislation. Relevance to the Project (1) In all their plant operations (if they erect), the contractors need to meet the requirements / standards prescribed in the various Environmental Protection Rules and other environmental regulations. (2) for relocation sites, there may be need to undertake an environmental impact assessment and obtain clearance under the EIA notification. This is based on the size of the relocation site. For small works: In all their plant operations, the contractors need to meet the requirements/standards prescribed in the various Environmental Protection Rules and other environmental regulations. Forest (Conservation) Act, 1980 34 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Forest (Conservation) Act, 1980 pertains to the cases of diversion of forest area and felling of roadside plantation. Depending on the size of the tract to be cleared, clearances are applied for at the following levels of government:  If the area of forests to be cleared or diverted exceeds 20ha (or, 10ha in hilly area) then prior permission of Central Government is required;  If the area of forest to be cleared or diverted is between 5 to 20ha, the Regional Office of Chief Conservator of Forests is empowered to approve;  If the area of forest to be cleared or diverted is below or equal to 5ha, the State Government can give permission; and,  If the area to be clear-felled has a forest density of more than 40%, permission to undertake any work is needed from the Central Government, irrespective of the area to be cleared. Restrictions and clearance procedure proposed in the Forest (Conservation) Act applies wholly to the natural forest areas, even in case the protected/designated forest area does not have any vegetation cover. Relevance to the Project For all sectors:  If the activities are going to necessitate the diversion of forest area, then the respective line departments have to take the necessary clearances from the Forest Department / MoEF. Ancient Monuments and Archaeological Sites and Remains Act, 1958 According to this Act, area within radii of 100m and 300m from the “protected property� are designated as “protected area� and “controlled area� respectively. No development activity (including building, mining, excavating, blasting) is permitted in the “protected area� and development activities likely to damage the protected property are not permitted in the “controlled area� without prior permission of the Archaeological Survey of India (ASI) if the site/remains/ monuments are protected by ASI or the State Department of Archaeology if these are protected by the State. Relevance to the Project For all sectors:  Activities in protected areas should not be undertaken.  If activities are to be done in the controlled area of protected properties, then the respective line department should take the necessary permissions from the ASI. Coastal Regulation Zone (CRZ) Regulations, 1991 (amended upto 2002) Issued under the Environment (Protection) Act, 1986, coastal stretches have been defined as Coastal Regulation Zone and restrictions have been imposed on industries, operations and processes within the CRZ. For regulating development 35 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ activities, the coastal stretches within 500 metres of High Tide Line on the landward side are classified into four categories, namely:  CRZ-I: (i) Areas that are ecologically sensitive and important, such as national parks/marine parks, sanctuaries, reserve forests, wildlife habitats, mangroves, corals/coral reefs, areas close to breeding and spawning grounds of fish and other marine life, areas of outstanding natural beauty/historically/heritage areas, areas rich in genetic diversity, areas likely to be inundated due to rise in sea level consequent upon global warming and such other areas, and (ii) Area between Low Tide Line and the high Tide Line.  CRZ-II: The areas that have already been developed upto or close to the shoreline. For this purpose, “developed area� is referred to as that area within the municipal limits or in other legally designated urban areas which are already substantially built up and which have been provided with drainage and approach roads and other infrastructural facilities, such as water supply and sewerage mains. • CRZ-III: Areas that are relatively undisturbed and those which do not belong to either CRZ-I or CRZ-II. These will include coastal zone in the rural areas (developed and undeveloped) and also areas within Municipal limits or in other legally designated urban areas which are not substantially built up. • CRZ-IV: Coastal stretches in the Andaman & Nicobar, Lakshadweep and small islands, except those designated as CRZ-I, CRZ-II or CRZ-III. The development or construction activities in different categories of CRZ area shall be regulated by the concerned authorities at the State/Union Territory level, in accordance with norms stipulated in the CRZ regulation and in the state / UT coastal zone management plan. Relevance to the Project For housing:  No new construction is permitted in CRZ-I areas that are ecologically sensitive.  In CRZ-II areas, new buildings are permitted only on the landward side of the existing (or approved) road or authorized structures.  In CRZ-III areas, no new construction shall permitted within 200m from the High Tide Line.  In CRZ-III areas, construction or reconstruction of dwelling units between 200m and 500m is permitted only if it pertains to traditional / customary rights. For fisheries:  No new construction is permitted in CRZ-I areas that are ecologically sensitive. 36 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________  In CRZ-II areas, new buildings are permitted only on the landward side of the existing (or approved) road or authorized structures.  In CRZ-III, the following activities require clearance from the State Coastal Zone Management Authority: (i) Construction of boat jetties and fishing harbours - requires an EIA, (ii) boat building and repair and (iii) boat re-fuelling facilities. For small works: • No new construction is permitted in CRZ-I areas that are ecologically sensitive. • Construction of public rain shelters, community toilets, bridges, roads and jetties are permitted in CRZ-I areas that are not ecologically sensitive and fall between the high and low tide line. But clearance is required from the State / UT Coastal Zone Management Authority. • In CRZ-II areas, new small works are permitted only on the landward side of the existing (or approved) road or authorized structures. • In CRZ-III areas, construction of small public works such as public rain shelters, drainage, & roads and bridges is permitted with the permission of the State / UT Coastal Zone Management Authority. 37 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Annexure 2: Summary of applicable resettlement and social laws and regulations The following policies/ legislations will apply for similar projects. The Land Acquisition (LA) Act of 1894 The Land Acquisition (LA) Act of 1984 is commonly used for acquisition of land for any public purpose. It is used at the State level with State amendments made to suit local requirements. Expropriation of and compensation for land, houses and other immovable assets are carried out under the Land Acquisition (Amendment) Act, 1984. The Act deals with compulsory acquisition of private land for public purpose. The procedures set out include: (i)Preliminary notification(Section 4); (ii)Declaration of Notification (Section 6); (iii) Notice to persons interested (Section 9); (iv)Enquiry and award (Section 11); (v)Possession (Section 16). The 1984 amendments to the LA Act addressed the matter of compensation and delays in payment. As regards, the level of compensation, the rate of solatium was increased from 15 per cent to 30 per cent. For delays, the amendment requires that: (i) A time of one year was fixed for completing all formalities between the issuance of Section 4 and Section 6; and (ii) The compensation award must be determined within two years of the issuing of section 6 notification. Interest is payable at a rate of 12 per cent per year from the date of preliminary notification to the date of dispossession. These changes apply to cases before the Civil Courts even for awards made before the enactment of the amendments. The LA Act does not contain any provision specifically dealing with resettlement including income restoration aspects. It does not allow for compensation (except for houses) for landless labourers, artisans and those sharing the use of land but do not have legal rights to it; The method of valuation of land considers only the market price of land at the date of notification under Section 4(1) but ignores any increase in the value of land at a subsequent date. The actual market value of land, which will entitle the owner to buy similar replacement land in adjacent areas, is not practicable under the framework of the LA Act; The Act computes the value of land through the sales statistics method leading to under valuation of land. Buyers deliberately under value their land in sales transactions to reduce the registration fees. This leads to a large number of court cases resulting in further delays and harassment both to land owners and concerned revenue officials; The Act does not specify any compensation for deprivation of Common Property Resources (CPR) especially loss of customary rights to land and forests, which forms an integral part of tribal livelihoods; The acquisition process takes too long and is not compatible with infrastructure project construction schedules. 38 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ The National Policy on Resettlement and Rehabilitation for Project Affected Families, 2007 Till recent times, in India, there were no safeguard policy to deal with resettlement and rehabilitation of displaced persons. There was no uniform approach adopted by states towards project displaced persons (DPs) and PAPs. In the absence of central policies, ad hoc administrative instructions, in conformity with the land acquisition act was in practice. In 2007 the Government of India developed a National social safe guard policy. This was developed taking into the consideration the safeguard policies of international development bodies like the World Bank, Asian Development Bank etc, "The National Policy on Resettlement and Rehabilitation for Project Affected Families, 2007" (NRRP) came into effect in October 2007. The salient feature and the statements of the NRRP policy are as follows: (i) SIA shall be mandatory for all projects involving displacement of four hundred or more families en masses in plain areas, or two hundred or more families en masses in tribal or hilly areas etc. Co-ordination with EIA in the context of the public hearing done in the project affected area for EIA shall also cover issues related to SIA. (ii) Consultations with affected people and disclosure of relevant information to them at various stages of resettlement planning; (iii) Affected people without legal rights also need to be assisted (affected people categorized landless agricultural workers, forest dwellers, tenants and artisans who are critically dependent on the acquired assets for their subsistence/ livelihoods); (iv)Prepare resettlement plans that are disclosed to the affected people in draft form, and reviewed and approved by competent authorities; (v) Collection of socio economic base line for project affected households; (vi) Project displaced persons (whose entire land is taken) will receive land in lieu of his loss. In addition to their loss cash assistance will be paid for regaining livelihood; (vii) Vulnerable project affected people will get extra cash/kind assistance; (viii) Purchase of land from any project affected persons would be through consent award (negotiation of rate between land owner and project authority); (ix) The Grievance Redress Cell shall have representatives of women, Schedule Castes Schedule tribes residing in the affected zone. The Cell shall have the power to consider and dispose of all complaints relating to resettlement and rehabilitation against the decision of the Administrator/R&R Committee at Project level; (x) A monitoring cell should be constituted under the project. (xi) Each project affected family comprising of rural artisan/small trader and self employed person shall get one-time financial assistance for construction of working shed/shop for livelihood support. 39 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Other Acts Wages Related The following are applicable for the welfare of the labour who will work for the sub-projects.  Minimum Wages Act, 1948  Contract Labour Act, 1970  The Bonded Labour System (Abolition) Act, 1976 Child Labour Related The following are applicable for prevention of child labour in implementation of sub-projects.  Child labour (Prohibition and Regulation) Act 1996 along with Rules, 1988  Children (Pledging of labour) Act, 1933 (as amended in 2002) Differently Abled Related The following acts and rules are applicable in the identification and provision of support for the differently abled during implementation of sub-projects.  The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995  The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996 Social Status Related Untouchability Offences Act, 1955 is applicable in the identification and prevention of untouchability. Information Disclosure Related Right to Information Act 2004 Act is applicable for information disclosure and information provision to seekers. 40 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Annexure 3: Synopsis of Select World Bank Safeguard Policies The following table lists and briefly describes the relevant safeguard policies of the World Bank. Policy Key Features OP/BP 4.01 Potential environmental consequences of projects identified early in project cycle. Environmental EAs and mitigation plans required for projects with significant environmental impacts or Assessment involuntary resettlement. EAs should include analysis of alternative designs and sites, or consideration of "no option" Requires public participation and information disclosure before Board approval. OP/BP 4.04 Prohibits financing of projects involving "significant conversion of natural habitats unless there Natural Habitats are no feasible alternatives". Requires environmental cost benefit analysis. Requires EA with mitigation measures. OP/BP 4.36 Prohibits financing for commercial logging operations or acquisition of equipment for use in Forestry primary moist tropical forests. OP 4.09 Pest Supports environmentally sound pest management, including integrated pest management, but Management does not prohibit the use of highly hazardous pesticides. Pest management is the borrower's responsibility in the context of a project's EA. OP/BP 4.12 Implemented in projects which displace people. Involuntary Requires public participation in resettlement planning as part of SA for project. Resettlement Intended to restore or improve income earning capacity of displaced populations. OP/BP 4.20 Purpose is to ensure indigenous peoples benefit from Bank financed development and to avoid Indigenous or mitigate adverse affects on indigenous peoples. Peoples Applies to projects that might adversely affect indigenous peoples or when they are targeted beneficiaries. Requires participation of indigenous peoples in creation of “indigenous peoples development plans�. OP/BP 4.11 Purpose is to assist in the preservation of cultural property, such as sites having archeological, Physical Cultural paleontological, historical, religious and unique cultural values. Resources Generally seeks to assist in their preservation and avoid their elimination. Discourages financing of projects that will damage cultural property. OP/BP 4.37 Applies to large dams (15 meters or more in height). Safety of Dams Requires review by independent experts throughout project cycle. Requires preparation of EA and detailed plans for construction and operation, and periodic inspection by the Bank. OP/BP 7.50 Covers riparian waterways that form boundary between two or more states, as well as any bay, Projects on gulf, strait or channel bordered by two or more states. International Applies to dams, irrigation, flood control, navigation, water, sewage and industrial projects. Waterways Requires notification, agreement between states, detailed maps, feasibility surveys. OP/BP 7.60 Applies to projects where there are territorial disputes present. Projects in Allows Bank to proceed if governments agree to go forward without prejudice to claims. Disputed Areas Requires early identification of territorial disputes and descriptions in all Bank documentation. Other World Bank Policies important to Environmental Concerns is the BP 17.50. This policy deals with Disclosure of Operational Information. The Bank’s Policy on Disclosure of Information. 41 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Annexure 4: Resettlement Entitlement Matrix Impact Type Entitled Entitlement Persons 1. Loss of land A. Residence i. With valid title, Displaced Compensation as per LA Act/Consent Assignees, etc. Family Award. Free House site: Any Project Displaced Family (PDF) owning house and whose house has been acquired shall be allotted free of cost house site to a maximum extent of 150 sq m. of land in rural areas and 75 sq m. of land in urban areas. Grant for House construction: Each PDF of BPL category who has been allotted free house site and shall get a one-time financial assistance of Rs.1,00,000 or as fixed by Government from time to time for house construction. APL families shall not be entitled to receive this assistance. Permission to take salvaged materials Grant for Transporting materials: Each PAF shall get lump sum one time financial assistance of Rs.5000/- or as fixed by Government from time to time for transportation/shifting of his building materials, belongings and cattle etc. from the affected zone to the resettlement zone. Subsistence allowance to displaced family: Each PAF who is also a project displaced family shall get a one time subsistence allowance equivalent to 240 days of minimum agricultural wages. It will be in addition to any other benefit available to him as PAF. Grant for animal shed: Each PAF having animals, at the time of acquiring his house, shall get financial assistance of Rs.10,000/- or as fixed by government from time to time for construction of animal shed in new settlement. Income Generating Scheme Grant: Each PAF comprising or rural artisan/small trader and self employed person shall get one-time lump sum financial assistance of Rs.50,000 or as fixed by Government from 42 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Impact Type Entitled Entitlement Persons time to time for construction of working shed/shop. ii. With no valid Displaced Free House site: Any Project Displaced title (Encroachers/ Family Family (PDF) owning house and whose Squatters) house has been acquired shall be allotted free of cost house site to a maximum extent of 150 sq m. of land in rural areas and 75 sq m. of land in urban areas. Grant for House construction: Each PDF of BPL category who has been allotted free house site and shall get a one-time financial assistance of Rs.1,00,000 or as fixed by Government from time to time for house construction. APL families shall not be entitled to receive this assistance. Permission to take salvaged materials Grant for Transporting materials: Each PAF shall get lump sum one time financial assistance of Rs.5000/- or as fixed by Government from time to time for transportation/shifting of his building materials, belongings and cattle etc. from the affected zone to the resettlement zone. Subsistence allowance to displaced family: Each PAF who is also a project displaced family shall get a one time subsistence allowance equivalent to 240 days of minimum agricultural wages. It will be in addition to any other benefit available to him as PAF. Grant for animal shed: Each PAF having animals, at the time of acquiring his house, shall get financial assistance of Rs.10,000/- or as fixed by government from time to time for construction of animal shed in new settlement. Income Generating Scheme Grant: Each PAF comprising or rural artisan/small trader and self employed person shall get one-time lump sum financial assistance of Rs.50,000 or as fixed by Government from time to time for construction of working shed/shop. B. Commercial i. With valid title, Displaced Compensation as per LA Act/ Consent 43 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Impact Type Entitled Entitlement Persons Assignees, etc. Family Award Income Generating Scheme Grant: Each PAF comprising or rural artisan/small trader and self-employed person shall get one-time lump sum financial assistance of Rs.50,000 or as fixed by Government from time to time for construction of working shed/shop. Permission to take salvaged materials ii. With no valid Displaced Income Generating Scheme Grant: Each title(Encroachers/ Family PAF comprising or rural artisan/small Squatters) trader and self-employed person shall get one-time lump sum financial assistance of Rs.50,000 or as fixed by Government from time to time for construction of working shed/shop. Permission to take salvaged materials ii. Tenants, Displaced Income Generating Scheme Grant: Each Leaseholders Family PAF comprising or rural artisan/small trader and self-employed person shall get one-time lump sum financial assistance of Rs.50,000 or as fixed by Government from time to time for construction of working shed/shop. Reimbursement for unexpired lease 2. Loss of Agriculture Land i. With valid title, Affected Compensation as per LA Act/ Consent Assignees, etc. Family1 Award Allotment of Government land to PAFs, who become Small, or Marginal farmers or Landless after acquisition, in lieu of Acquired land: In case of allotment of waste/degraded or agricultural Government land, if available with in the District, in lieu of acquired land and if agreed by PAF for allotment of such land, each such PAF shall also get financial assistance of Rs.20,000 per hectare or as fixed by Government from time to time for land development and in case of allotment of agricultural land, Rs.10,000 per PAF or as fixed by Government from time to time for agricultural production shall be given. 44 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Impact Type Entitled Entitlement Persons Allotment of land acquired by Government from the project benefited area to Schedule Tribe PAFs, who become Small, or Marginal farmers or Landless after acquisition, in lieu of Acquired land from them: Government may acquire land with in the project benefited area, as per guidelines issued by the Government from time to time such that no person should become small or marginal farmer or land less due such acquisition, for allotment of such land to ST PAFs (who become small or marginal farmers or landless due to acquisition of their land for the project), if such PAFs so desire, in lieu of lands acquired from them. Wages if after acquisition land owner becomes land less: Each PAF owning agricultural land in the affected zone and whose entire land has been acquired shall get one-time financial assistance equivalent to 750 days minimum agricultural wages for “loss of livelihood� if no land is allotted in lieu of acquired land. Wages if after acquisition land owner becomes marginal farmer: Each PAF owning agriculture land in the affected zone and who consequently becomes a marginal farmer shall get one time financial assistance equivalent to 500 days minimum agricultural wages if no land is allotted in lieu of acquired land. Wages if after acquisition land owner becomes small farmer: Each PAF owning agriculture land in the affected zone and who consequently becomes a small farmer shall get one time financial assistance equivalent to 375 days minimum agricultural wages if no land is allotted in lieu of acquired land. Income Generating Scheme Grant: Each PAF comprising or rural artisan/small trader and self-employed person shall get one-time lump sum financial assistance of Rs.50,000 or as fixed by Government from time to time for construction of working 45 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Impact Type Entitled Entitlement Persons shed/shop. Training in alternate livelihoods and adoption support under capacity building component of the project Assistance to avail benefits from other government schemes. ii. With no valid Affected Income Generating Scheme Grant: Each title (Encroachers) Family PAF comprising or rural artisan/small trader and self-employed person shall get one-time lump sum financial assistance of Rs.50,000 or as fixed by Government from time to time for construction of working shed/shop. Training in alternate livelihoods and adoption support under capacity building component of the project iii. Loss of standing Affected Compensation as per the LA Act crops/trees Family 3. Loss of Affected Compensation of structure will be paid at Residential/ Family the replacement cost to be calculated as Commercial (Titleholder) per latest prevailing Basic Schedule of Structures Rates (BSR) without depreciation. Assistance of Rs. 10,000/- towards temporary accommodation Transportation assistance of Rs. 5000/- Right to salvage material from demolished structure and frontage etc. Rental assistance as per the prevalent rate in the form of grant to cover maximum three month rentals 4. Loss of Rental Tenants Rental assistance for both residential & Accommodation commercial tenants as per the prevalent (Residential/ rate in the form of grant to cover Commercial maximum three month rentals. Additional structures erected by tenants will also be compensated and deducted from owner’s compensation amount. Shifting assistance based on type of house and household assets. Any advance deposited by the tenants will be refunded from owners total compensation package to the tenant on submission of documentary evidence. Right to salvage material from demolished structure and frontage etc. erected by tenants. 5. Loss of Squatters/ Squatters and Encroachers will be 46 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Impact Type Entitled Entitlement Persons Immovable Encroachers notified and given one month time to Structures remove their assets or harvest their (Residential/ crops. Commercial) Compensation for loss of structure at replacement cost for Squatters. Compensation for loss of structure at replacement cost for only the vulnerable households among Encroachers Shifting assistance of Rs. 10,000/- for Squatters. For Squatters and Encroachers right to salvage material from the demolished structure. 6. Loss of Affected Income Generating Scheme Grant: Each livelihood/ trade/ Family PAF comprising or rural artisan/small occupation trader and self-employed person shall get one-time lump sum financial assistance of Rs.50,000 or as fixed by Government from time to time for construction of working shed/shop. Training in alternate livelihoods and adoption support under capacity building component of the project Assistance to avail benefits from other government schemes. 7. Loss of access to common resources and facilities i. Civic Amenities Community/ Relocation of CPRs/amenities or GP/ ULB providing basic minimum facilities and services as per Government standards, whichever is better as decided by community GP/ ULB ii. Customary Affected ST Income Generating Scheme Grant: Each Rights Families PAF comprising or rural artisan/small trader and self-employed person shall get one-time lump sum financial assistance of Rs.50,000 or as fixed by Government from time to time for construction of working shed/shop. 8. Unforeseen/ Any unforeseen/ unanticipated impacts Unanticipated due to the sub-projects will be Impacts documented and mitigated based on the spirit of the principle agreed upon in this framework. 47 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Note: The amounts given in the above Entitlement Matrix are of 2007. These amounts need to be adjusted for inflation at a rate of 10% per year compounded every year from 2007 to the actual year of payment to PAPs. 48 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Annexure 5: Review / Field Visit – Table of Observations Sub-Project Environmental Observations/ Issues Social Observations/ Issues Housing Nallavadu 300 houses nearing completion. Allotment to beneficiaries by lottery by Water supply provided. Revenue Department. Twin leach pit latrines provided to each house. Beneficiaries can exchange houses. Criteria for allotment to be fixed and PIA need to be part of this process to ensure compliance with project objectives. Workshelters Nallavadu Nil Allotment to be done. Criteria for allotment to be fixed and PIA need to be part of this process to ensure compliance with project objectives. Poornamkuppam Incomplete and abandoned as the structure Community to be taken into confidence in Pudukuppam partially collapsed due to waves. finalizing the location. As per villagers, at this place the coastline is Community perceives the coastline changes changing with the sea encroaching onto the were more prominent after the Tsunami and beach by about 20 to 30 meters during last the cyclones. couple of years. Alternate site need to be finalized and shelter built. Bio-Shields Poornamkuppam Olive Ridley turtles used to nest on this beach. Villagers when found turtles and eggs, handed Pudukuppam Turtles arrived during 2011-12 after a gap of 7 them to forest department. to 8 years and laid about 7 to 8 thousand eggs Awareness among villagers about these along about 6 km of coastline. Forest would enhance Forest department efforts. 49 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ department established a field nursery to hatch the eggs and leave baby turtles into the sea. This year no turtles arrived, except for about 7 turtle carcasses washed ashore. For future bio shields need to be away from nesting areas and 100 m from the coast. Veerampattinam Well-planned bio-shield with three layers of Engaging SHG with harvesting rights and GP is plantations. advised by Forest Department. But community is burning and cutting dried up Community perceives the coastline changes trees for fuel wood. were more prominent after the Tsunami and As per villagers, at this place the coastline is the cyclones. changing with the sea retreated by about 0.5 to 1.0 km during last decade. Bridges Ariyankupppam Proposed Sub-Project. The new bridge next to this can be used with 120 years old bridge in use. traffic regulation during rehabilitation. Rehabilitation of bridge by RCC jacketing is proposed. Same dimensions and architecture will be retained. Chunnambar Proposed Sub-project An old settled bridge not use. This is proposed to be rebuilt as it is. Fishing Harbour Puducherry Most of the infrastructure work is nearing completion. Dredged sand deposited on the beach. The Implementing Agency mentions that depositing dredged sand on the beach helps in estimating the dredged quantity and the fishermen can see 50 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ the quantity for themselves, but informs that this material will be pushed back into the sea when currents are suitable. Fish Markets Modern Hygienic Fish Works are nearing completion. The Allotment of 110 vending stalls to be Market STP being built. done by municipality. Criteria for allotment to be fixed and PIA need to be part of this process to ensure compliance with project objectives (criteria could be Tsunami affected families, Vulnerable groups, Lower socio-economic status, Women headed households, etc.). Goubert Fish Market Temporary alternate stalls built on roof of the Same vendors will be retained. existing market. Fisher women yet to be shifted to the facility on roof, then work will be taken up. Karaikal Proposed sub-project About 60 pig rearing families, belonging to ST/ BT live near the proposed site. About 6 families have pigstys on the proposed site. The pig rearers claim to have been there for the last 5 to 6 years. They also have a place of worship on the site. The impacts on those who have pigstys and others affected need to be adequately mitigated for loss of animal sheds and other losses, if any. The DPR should bring out these issues and address them. Underground Electric Cables Various Places Proposed Sub-Project Narrow streets in ULBs. Safety precautions during excavation and No gap between dwelling boundaries and 51 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ laying of cables. streets/lanes. Fixing of warning signs to prevent digging Obviously there are encroachments on to the accidental contact with cables. streets and lanes. Permissions for railway crossing. Common property resources along road edges. The DPR should list these impacts and propose mitigation measures. 52 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Annexure 6: Quarterly Progress Reporting Format – PIA, GoPY to the World Bank Quarterly Progress Reporting Format – PMU, GoTN to the World Bank - Environment Sl. Sub Project EA/EMP Disclosure Status of EMP Implementation No. Status Date Clearances (CRZ, Forests, MOEF & PCB Key Issues from Compliance Status Consents) Previous Visit 53 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Quarterly Progress Reporting Format – PMU, GoTN to the World Bank – Social / Resettlement Sl. Sub Project SA / RAP Disclosure Total LA, Status Total PAPs Status of RAP Implementation No. Prepn Date & if any, of LA (Owners, Compensa Status Location Public & Encroachers tion paid, Private & Squatters, if any Key Issues from Compliance Status if any) Previous Visit 54 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ 55 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Annexure 7: Terms of Reference for Third party annual ESMF audit Objective The objective is to provide an external perspective on the ESMF in terms of its internal functioning and also in rendering effectiveness in safeguards implementation in the sub-projects under the CDRRP. Scope of Work The following will be the scope of work: * To develop a broad audit program for the four-year period that will include two audits to be done before mid-term and end-term of the project. * To develop an audit plan for each individual audit that will include an audit objective, scope, methodology and schedule. * To prepare an audit checklist for each individual audit that will cover both meetings with the PIA as well the sub-projects financed that will include both meetings with the sub-project proponent (contractors / sub-contractors) and consultants. * To conduct the individual audits as per the audit plan. This audit will necessarily check whether the procedures as stipulated in the ESMF have been followed, their effectiveness and how proper safeguards are practised in the sub- projects being implemented. * To prepare a report for each individual annual audit and present the findings to the PIA, GoPY * To carry out a follow-up audit to ensure closure and to submit a brief report. Team composition The external agency will field an audit team that will necessarily comprise one senior environmental and one senior social assessment specialist. The Senior Environmental Specialist will be a masters degree holder in Environmental Science / Engineering / Planning or related area with at least 10 years of experience. Previous experience in reviewing/auditing management systems, carrying out EIAs and implementing / reviewing EMPs, particularly of bilateral / multilateral agency funded projects, will be essential. The Senior Social specialist will have a Masters in Social Development and allied areas with at least 10 years of experience in preparing / assessing Resettlement Action Plans (RAP). Outputs / deliverables The following outputs / deliverables are envisaged: * Conduct of the audit of the ESMF * Provide an audit report with findings for PIA’s action * Conduct a follow-up audit to verify closure of findings & submit a brief report. 56 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Annexure 8: Terms of Reference for Conducting ESA and preparing EMP and RAP for Sub-Projects Project Background A brief description of the CDRRP sub-project needs to be provided here. A description of the sub-project in question, the need for ESA and its objectives need to be given under this section. Tasks to be performed by the Consultant A. Environmental management Policy and legal framework: The consultant need to collect information on the prevailing national, state and local laws, pertinent to environmental quality, health and safety, protection of sensitive areas, protection of endangered species, land uses control and others. The applicability of all laws to the proposed sub- project needs to be determined and the specific clearances / approvals that have to be obtained need to be detailed. Baseline: The consultant need to assemble, evaluate and present baseline data on the relevant environmental characteristics of the sub-project area, including changes anticipated before the commencement of the project. The description of the baseline environmental setting shall be worked out from the secondary data sources supplemented by the primary data collected as part of the various surveys carried out as part of the EIA preparation. The physical environment: geology; topography; soils; climate and meteorology; ambient air quality; noise quality; surface and ground- water hydrology; existing sources of air emissions; existing water pollution discharges; and receiving water quality, etc. need to be described in detail. In addition to this the biological environment: flora; fauna; rare or endangered species; sensitive habitats, including reserved forests, wildlife reserves and sanctuaries etc. need to be identified and described. The socio-cultural environment: population; land use; planned development activities; community structure; employment; distribution of income, goods and services; recreation; public health; cultural properties; and tribal people and their usufruct rights, common property resources, etc. need to be mentioned. Public consultation: The consultant needs to carry out public consultation and participation as an integral part of the EIA. Consultation sessions shall be carried out with different stakeholder groups at the local, regional and district levels, so as to incorporate the various environmental concerns and needs of the community and the relevant stakeholders. Impact analysis: The consultant need to identify, analyse and evaluate the different kind of impacts, and to distinguish between significant positive and negative impacts, direct and indirect impacts, and immediate and long-term impacts. The impacts on sensitive receptors need to be identified during the 57 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ baseline environmental analysis. The impacts on natural habitats and other sensitive areas, critical natural habitats (such as conservation areas, sanctuaries, sacred groves, etc.) and migration routes, historic, cultural and religious buildings and sites, archaeological sites, tourism areas, etc. need to be determined. Analysis of alternatives: The consultant needs to describe alternatives that were examined in the course of developing the proposed project and identify other alternatives, which would achieve the same objectives. The concept of alternatives extends to siting, design, technology selection, construction techniques and phasing, and operating and maintenance procedures. A comparison of alternatives in terms of potential environmental impacts and suitability under local conditions needs to be done. The selected consultant needs to prepare an Environmental Management Plan consisting of the following: Mitigation: The consultant need to identify feasible and cost-effective mitigation measures that may reduce potentially significant adverse environmental impacts to acceptable levels, capital and recurrent costs of the measures. The consultant need to specify in a table the description of the measure along with who is responsible and when it has to be implemented. The consultant need to include relevant drawings and technical specifications that would be required to implement the mitigation measure effectively. Monitoring: The consultant need to prepare detailed arrangements in a plan for monitoring implementation of mitigating measures and the impacts of the sub- project during construction and operation. The consultant need to include in the plan an estimate of capital and operating costs, and a description of other inputs (such as training and institutional strengthening) needed to carry it out. The consultant need to include in the plan a list of environmental monitoring parameters, and detailed specifications (methods, schedule, etc) for performance/compliance monitoring during construction, and operation stage of the sub-project. Management: The consultant needs to identify institutional needs to implement the recommendations of the EIA. This would include manpower requirements, skill requirements & training, organisational mechanisms and information dissemination requirements. The consultant should recommend any further studies of environmental issues which should be undertaken during project implementation. B. Social Policy and legal framework: The consultant need to collect information on the prevailing national, state and local laws, policies, rules and regulations pertinent to land acquisition, protection of the vulnerable and R&R policies of other projects. The applicability and consequences of all laws, rules and regulations to the proposed sub-project to be decided. 58 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Baseline and Census: The consultant need to assemble, evaluate and present baseline data on the relevant socio-economic characteristics of the sub-project area, including changes anticipated before the commencement of the project. The description of the baseline socio-economic setting shall be worked out from the secondary data sources supplemented by the primary data collected as part of the various surveys carried out as part of the ESA preparation. A description of the planned development activities, community structure and tribal people and their usufruct rights, common property resources, land values, etc., if any. need to be given. The consultant need to list all the key stakeholders, people (both as individuals and as communities) who are likely to be adversely affected by the project, including tribals, if any, vulnerable sections, etc. The consultant needs to conduct a census survey of all the project affected persons and establish a cut-off date for entitlement in consultation with the respective departments. Stakeholder Consultations: The consultant needs to conduct stakeholder consultations and ensure stakeholder participation as an integral part of the ESA and RAP preparation process. Consultation sessions shall be carried out with different stakeholder groups so as to incorporate the various socio-economic concerns and needs of the community and the relevant stakeholders. Impact analysis: The consultant need to identify, analyse and evaluate the different kind of impacts, and to distinguish between significant positive and negative impacts, direct and indirect impacts, and immediate and long-term impacts due to the sub-project interventions. The study needs to determine the impacts on the vulnerable identified during the baseline and census surveys. Analysis of alternatives: The consultant needs to suggest alternatives that were examined in the course of developing the proposed project and identify other alternatives, which would achieve the same objectives. The concept of alternatives extends to siting, design, technology selection, construction techniques and phasing, and operating and maintenance procedures to minimize the adverse social impacts. The consultant needs to compare alternatives in terms of potential social impacts and suitability under local conditions. The selected consultant needs to prepare an Resettlement Action Plan, when required, consisting of the following: Mitigation: The consultant need to identify feasible and cost-effective mitigation measures that may reduce potentially significant adverse social impacts to acceptable levels, capital and recurrent costs of the mitigation measures. The consultant needs to calculate and enumerate various entitlements to PAPs as part of preparation of RAP and prepare RAP. The consultant needs to specify in a table the description of the measures to be taken up along with who is responsible and when it has to be implemented. Monitoring: The consultant need to prepare detailed arrangements in a plan for monitoring implementation of RAP and the impacts of the sub-project implementation. The consultant needs to include in the plan an estimate of the 59 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ RAP implementation costs, and a description of other inputs (such as training and institutional strengthening) needed to carry it out. The consultant needs to document in the plan what will be monitored, who would do it, who would receive its outputs, how much it would cost, how it would be financed and what other inputs (for example, training) are necessary. The consultant needs to include in the plan a list of social monitoring parameters for process/ performance /compliance monitoring during implementation of the sub-project. Management: The consultant needs to identify institutional needs to implement the RAP. This would include work force requirements, skill requirements & training, organisational mechanisms and information dissemination requirements. Skills Required One Environmental Specialist with a master’s degree and relevant experience of about 15 years. One Social Specialist with a master’s degree and relevant experience of about 15 years. Time Duration Approximately about 4 weeks to submit the Final Report. 60 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Annexure 9: Terms of Reference of the PIA Environmental Management and Social Management Consultant Draft Terms of Reference for Environmental Management Consultant To ensure adequate management of environmental and social safeguards aspects of the project, an Environmental and Social Management Framework (ESMF) is developed and is to be implemented , (a) Scope of work In order to ensure effective implementation of the ESMF and provide guidance on environmental issues of the project, the PIA intends to deploy a full time Environment Consultant. The scope of work for the Environment Consultant to be positioned in Project Implementing Agency (PIA), CDRRP, will comprise the following tasks: (i) Work closely with the project implementing agencies (and the consultants) and provide advice on the environmental aspects to be considered during design and implementation phase of sub- projects; (ii) Review the Environmental Assessment Reports (EAR) and other related documents with regard to their compliance with the ESMF, various environmental issues and the adequacy of management measures and provide necessary guidance to the consultants in improving the reports prior to forwarding to The World Bank for necessary approval / clearance; (iii) Co-ordinate with and provide necessary support in securing regulatory clearances such as Environment, Forest, CRZ Clearances or consents from the PCB and other agencies; (iv) Carry out periodic visits to sub-project implementation sites to monitor as well as to provide onsite guidance to the contractors on the implementation of respective sub-project Environmental Management Plans (EMPs), if any, and other aspects of the ESMF; (v) Participate in the progress review meetings of the PIA and provide advice on environmental aspects of the respective sub-projects during implementation; (vi) Co-ordinate with the Project Management Consultants, Quality Auditors and consultants / agencies of the project (employed by the PIA) and ensure that the environmental aspects related to the task of respective agencies are performed as per the ESMF ; (vii)Maintain a data base in a standard form, on the status of various environmental activities of CDRRP (clearances, compliances, EA reports, progress reports, etc.) and update the same on regular basis. (viii) Prepare and submit periodic progress reports to the GoPY and the quarterly progress reports the World Bank, on all the aspects related to environmental management in CDRRP; (ix) Function as a single-point contact at the PIA and for other external agencies, including The World Bank, and provide all support on environmental matters of CDRRP; 61 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ (x) Follow up with the other agencies in addressing various environmental safeguard actions agreed during the World Bank Missions from time to time, and provide timely update to the PIA and the Bank. (b) Qualification and Experience The Consultant shall be an environment professional with post graduation in Environmental Engineering/ Planning /Science and 10 years of experience in environmental management. At least 5 years of the above experience shall include carrying out Environmental Assessment (EA/EIAs), preparation of Environmental Management Plans (EMPs) and management of environmental issues in infrastructure projects. (c) Reporting and Deliverables The Consultant shall report to the Project Director, PIA , CDRRP and shall provide outputs by way of monthly reports, technical supervision reports, reviews on various documents and other environmental matters related to the project Draft Terms of Reference for Social Management Consultant (a) Qualifications and Experience (i) Should possess Master’s degree in Social Sciences preferably in Social Work / Economics/ Sociology / Anthropology/ Regional Planning / Development Studies / Management ; (ii) Should have at least 10 years of professional experience in the areas of land acquisition, involuntary resettlement, consultation and participation, socio- economic Surveys, livelihoods/ social capital restoration, community based disaster management, housing reconstruction, monitoring and evaluation of social development activities, grievance redress ,etc.; (iii) Should have knowledge of computer applications to manage database and generation of reports is essential; (iv) Should possess skills in using participatory rural/rapid approaches in planning, implementation and monitoring and evaluation; (v) Should have good documentation skills, especially in documenting social management process, success/ failure stories and lessons learnt; and (vi) Should have experience of working on similar or related projects financed by the external / multilateral agencies is an added advantage. (b) Duties and responsibilities The duties and responsibilities include but not limited to the following: (i) Will report to the Project Director / OSD and work under his overall direction; (ii) Assist the Project Director / OSD in the review and approval of various screening report related to social safeguards in accordance with agreed Environmental and Social Management Framework (ESMF); 62 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ (iii) Responsible for overseeing and coordination of the implementation of social development, resettlement activities, livelihood program, land acquisition, resettlement, NGO coordination, grievance redress, community based disaster risk mitigation and other social development activities in the reconstruction / risk mitigation program; (iv) Responsible for ensuring compliance with respect to social aspects of ESMF particularly the preparation and implementation of social action plans; (v) Manage the social / resettlement assessment studies and coordinate preparation of relevant action plans to implement the outcomes of social / resettlement Assessment process; (vi)Facilitate community and CBOs participation in planning and implementation of social management activities and introduce participatory monitoring and evaluation methods using PRA approaches; (vii) Coordinate with various implementing agencies and district offices for overseeing the implementation and monitoring of land acquisition and involuntary resettlement mitigation actions and other social/community development activities; (viii) Preparation of periodical progress report on social / resettlement impacts for management’s review and action; (ix) Maintain and upgrade the computerized database related to the delivery of land acquisition compensation as well as resettlement entitlements, grievance redress and generation of periodical progress report. (x) Review the outputs of NGOs and consultants related to social / resettlement impacts in the project activities; and, (xi) Undertake field visits to impact areas as appropriate to monitoring the implementation of social dimensions as well as land acquisition and involuntary resettlement mitigation actions; (xii)Document the social management process, in particular highlight the selected success/ failure stories and lessons learnt; and, (xiii) Manage any other activities related to social development / resettlement as required. 63 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Annexure 10: Stakeholder consultations at Puducherry – A brief report There were total of 65 participants in this consultations were held between 10:30 am to 12:00 noon on March 16, 2013. The consultations were conducted in the Conference Hall, Planning and Research Department at the Collectorate Complex in Puducherry. The following was the feedback obtained: Dr. S.B. Deepak Kumar, Collector cum Project Director presided over the meeting. Mrs. R. Smitha, Joint Project Director (General) invited the participants and introduced the subject at hand. Mr. Gaurav Singh, Sub-Collector, Puducherry too participated in the workshop. Dr. Kumar detailed the project components and gave a brief of various activities taken up and to be taken up under the project. He explained the objectives of the ESMF as taking up environmentally and socially responsible sub-projects by the Government of Puducherry. He requested the participants to make suggestions on environmental and social issues of the project. The following suggestions were made by the participants. Mr. Shanmugam, Veerampattinam: Houses are yet to be constructed in a couple of villages post-Tsunami. The bridges on Ariankuppam River and Chunnambar are yet to be rehabilitated. Mr. Mahalingam, Veerampattinam: Access to the sea is affected due to silt forming and position of drain wall. Infrastructure at harbour needs to be improved. Boulders to be placed along the sea shore to stop erosion. Disaster risk reduction should focus on improving livelihoods. All decisions made in the review meetings need have follow-up action. In case of emergency, the coast guard does not respond. Arrangements for coordination with coast guard need to be in place. Mr. Ranganathan, Ariyankuppam: Dredging and deepening of Ariyankupppam river is required. Bio-shields to be developed as protection during cyclones. Apart from building new bridges, the old bridges need to be rehabilitated. Mr. Gunasekharan, Ariyankuppam: The sewage water should not be let into the river. Regular dredging of the river is required. Provision of houses to all communities living in coastal areas to be considered. The project needs to be given wider publicity through print and electronic media. When livelihoods are affected due to disasters, they need to be rehabilitated. Mr. Dhandapani, Ariyankuppam: Dredging of the river is required. As the sewage is entering the river, the fisher folk are getting skin diseases. There are no proper toilet facilities in the fish market, particularly for women. Apart from building new bridges, the old bridges need to be rehabilitated. 64 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Mr. Thirumurugan, Thavalakuppam: The ECR road leading to Cuddalore needs to be widened with the provision of a divider to reduce accidents. Mr. Haridas, Ariyankuppam: Dredging the river is required. The existing boat house needs to be rehabilitated. This would be beneficial to fishermen, as it will facilitate recreation and tourism. Mr. Kalaivaman, Nallvadupudukuppam: Post Tsunami 226 houses were identified for construction. Out of these only 100 were constructed and the remaining 126 are yet to be constructed. The village community is putting all efforts to pursue this and action is required urgently. A work shelter which was under construction, for safe keeping of fishing nets and implements, under ETRP at a cost of 56 lakhs, is damaged during Thane. This needs to be rebuilt at a suitable location. A film criew had damaged a portion of Chunnambar old bridge during film shooting without permission. Mr. Puthupattam, Poornamkuppam: The bar mouth is blocked and groundwater is polluted. This needs to be dredged. The banks of the river need to be strengthened. While there is scarcity of drinking water in the village, permission is given to two hotels which use more than 1 lakh litres of water per day for swimming pools. The wastewater from these hotels is being let into the sea. Government is not giving permission for 3 phase connection for agriculture purpose, but these hotels got permission to pump out groundwater. The old bridge on the river appears to be stronger than the newly built bridge, so the old bridge needs to be rehabilitated and put back for public use. Provision of houses to all communities living in coastal areas to be considered. Mr. Pavadai, Murungapakkam: Sewage should not be let into the river. The river needs to be dredged and platforms be built along the banks for pedestrians. Villagers can use these banks for morning/ evening walks to help reduce their hypertension and diabetes. The unused old bridges are being used by antisocial elements. Mrs. Mangalakshmi, Mr. Kalaivannan, Pudukuppam: Houses to all communities living in coastal areas to be considered. Bio-shields to be built and fenced for protection. Mr. Murugan, Thavalakuppam: There is a requirement for building toilets near beaches to stop polluting the beaches. Palm, casuarina and coconut tree plantation be taken up along the beaches. Mr. Armugam, RK Nagar: Dredging of the river is required. The new bridges constructed need to be commissioned at the earliest. Mr. Mahalingam, Veerampattanam: In place of casuarina, palm and coconut tree plantation be taken up along the beaches as bio-shields, as the casuarina trees are being felled by villagers. 65 INDIA: Coastal Disaster Risk Reduction Project (CDRRP) - Puducherry Environmental and Social Management Framework (ESMF) _____________________________________________________________________________________________________ Mr. Lakshminarayana, MLA, Puducherry: The housing infrastructure created is not adequate. Adequate social infrastructure such as water supply, roads, drainage, etc. needs to be provided. While the total fishing households are 15,000, why the housing infrastructure is restricted to 10,000 household only? To answer this, a demand supply analysis needs to be done. The 30 year old existing bridge in Kurusukuppam village is weakened for the last 30 years and needs immediate repairs and rehabilitation. A wall along the sea shore needs to be built, as in the case of Tamil Nadu, to avoid sea erosion. Mr. Panjanathan, Kurusukuppam: The old bridge in this village needs to be rehabilitated. Funds need to be released immediately for construction of houses. Mr. Vinoba, Vaithikuppam: There is no street lighting in some Tsunami quarters. There is no place for parking fishing boats. Mr. Subbarayan, RK Nagar: Loss of livelihoods of inland fishermen due to pollution of rivers by letting sewage into the rivers. Houses need to be allotted to inland fishermen too. Old bridges need to be repaired and put to use to reduce traffic congestion. Grievance Redress Mechanism: Presently the complaints/ Grievances are sent to the District Collector. Sometimes they get a reply. Sometimes they had to send remainders to get a reply. Systems need to be put in place in such a way that the complaint/ grievances escalate after a particular time period. An exclusive help desk be provided to address grievances efficiently. Most of the participants want a monthly grievance redress meeting exclusively for fishermen to be conducted by Collector. The following specific actions will be considered by Government: • No environmental clearance is required to be obtained for the sub-projects proposed. • Only 1000 houses is the target under this project. The beneficiaries will be identified and disclosed at appropriate places including the website for social audit. • Survey for underground cable routes will be taken and the local fishermen community need to support this. • A process to rationalize the procedures and criteria for selection of beneficiaries will be taken up. • For those not covered under this project, other government programs be explored for inclusion. • Government will consider the proposals for taking up additional works as suggested by the participants. • Strengthening the Grievance Redress Mechanism through MIS under CDRRP. 66