111214 REV Environment and Social Systems Assessment WEST BENGAL INSTITUTIONAL STRENGTHENING OF GRAM PANCHAYATS PROGRAM II (ISGPP-II) Final Report The World Bank FEBRUARY 2017 Table of Contents Section 1 – Introduction .............................................................................................................................................. 1 1.1 Background......................................................................................................................................................1 1.2 Institutional Strengthening of Gram Panchayats Program Phase II (ISGPP II) - Program Description ..........2 1.3 Investments and Implementation Arrangements .............................................................................................2 1.4 Program Preparation ........................................................................................................................................3 Section 2 – Environmental and Social Systems Assessment..................................................................................... 4 2.1 Environmental and Social Systems Assessment (ESSA) ................................................................................4 2.2 Approach and Methodology ............................................................................................................................5 2.3 Consultations and Disclosure of ESSA ...........................................................................................................5 Section 3 – Institutional Assessment .......................................................................................................................... 6 3.1 Assessment – Social Management Capacity ...................................................................................................6 3.1.1 National Level Institutions ..............................................................................................................................6 3.1.2 State Level Institutions ....................................................................................................................................8 3.1.3 ISGPP Management ........................................................................................................................................9 3.1.4 District Level Institutions ..............................................................................................................................11 3.1.5 Block Level Institutions ................................................................................................................................11 3.1.6 Gram Panchayat Level ..................................................................................................................................12 3.2 Institutional Assessment - Environment Management Capacity ...................................................................12 3.2.1 National Level Institutions ............................................................................................................................12 3.2.2 State level Institutions ...................................................................................................................................14 3.3 Key Executive Support Agencies ..................................................................................................................16 3.3.1 STARPARD ..................................................................................................................................................16 3.4 Assessment of Environment and Social Management Capacity ...................................................................17 3.4.1 National Level Institutions ............................................................................................................................17 3.4.2 State Level Institutions ..................................................................................................................................17 3.4.3 District Level Institutions ..............................................................................................................................18 3.4.4 Block Level Institutions ................................................................................................................................18 3.4.5 Gram Panchayat ............................................................................................................................................19 3.4.6 Project/ Program Management Institution ..................................................................................................... 19 3.5 Inter Institutional Coordination .....................................................................................................................20 3.5.1 Coordination with in the PRIs (Gram Panchayats and Panchayat Samitis)...................................................20 3.5.2 Coordination among the PRIs (Panchayat Samitis and Zilla Parishads) .......................................................21 i 3.5.3 Coordination between PRIs and Government Line Departments ..................................................................21 3.5.4 Coordination between the Departments ........................................................................................................21 3.6 Institutional Capacities for E&S Management ..............................................................................................21 3.7 Key Conclusions ...........................................................................................................................................21 Section 4 – Legal and Regulatory Framework ........................................................................................................ 23 4.1 Environmental Policies, Laws and Regulations ............................................................................................23 4.1.1 National Level Legal and Regulatory Framework on Environmental Aspects ...............................................24 4.1.2 State Level Legal and Regulatory Framework on Environmental Aspects ....................................................28 4.2 Social Policies, Laws and Regulations ..........................................................................................................31 4.2.1 National Level Legal and Regulatory Framework on Social Aspects ...........................................................32 4.2.2 State level legal and regulatory framework on Social Aspects .....................................................................34 4.2.3 Adequacy of Legislative Framework on Environmental and Social Aspects .................................................36 Section 5 – Assessment of Environment Management Systems............................................................................. 37 5.1 Environmental Management Systems in the Program...................................................................................37 5.1.1 Overview of Environment Management System in ISGP Project .................................................................37 5.1.2 Current Status of Implementation of Environmental Management System in ISGPP ..................................39 5.1.3 Critical Gaps in the Environment Management System................................................................................41 5.1.4 Institutional Capacities to Address Environmental Issues .............................................................................42 5.2 Environmental Impacts of Proposed Investments .........................................................................................42 5.2.1 Potential Environmental Benefits ..................................................................................................................42 5.2.2 Potential Environmental Opportunities .........................................................................................................43 5.2.3 Potential Negative Impacts on the Environment ...........................................................................................43 5.2.4 Gaps, Risks in the Environmental Management System and Mitigation Measures ......................................43 Section 6 –Social Systems Assessment ..................................................................................................................... 45 6.1 Stakeholder Analysis .....................................................................................................................................45 6.2 Key Issues .....................................................................................................................................................55 6.3 Social Impact Assessment .............................................................................................................................56 6.3.1 Institutional Strengthening of GPs ................................................................................................................56 6.3.2 Service Delivery and Improved Amenities ...................................................................................................56 6.3.3 Inclusion of Vulnerable sections ...................................................................................................................56 6.3.4 Conflict Areas ...............................................................................................................................................56 6.4 Adverse Impacts/Gaps and Risks ..................................................................................................................56 Section 7 – Assessment of Program Consistency with Core Principles of PforR ................................................. 58 7.1.1 Overarching Core Principle 1 ........................................................................................................................58 ii 7.1.2 Core Principle 2 .............................................................................................................................................59 7.1.3 Core Principle 3 .............................................................................................................................................59 7.1.4 Core Principle 4 .............................................................................................................................................60 7.1.5 Core Principle 5 .............................................................................................................................................63 7.1.6 Core Principle 6 .............................................................................................................................................68 Section 8 – Consultation and Disclosure .................................................................................................................. 70 8.1 Consultation and Disclosure Relating to ESSA ............................................................................................70 8.1.1 Consultation during Preparation of ESSA ..................................................................................................... 70 8.1.2 Consultation on the Draft ESSA....................................................................................................................70 8.2 Arrangements for Consultation, Disclosure and Grievance Redressal during Implementation ....................71 8.2.1 Consultation and Disclosure Processes .........................................................................................................71 8.2.2 Grievance Redressal System .........................................................................................................................71 8.2.3 New Developments .......................................................................................................................................72 8.2.4 Citizen Engagement. .....................................................................................................................................72 Section 9 – Recommendations and Action Plan ...................................................................................................... 73 9.1 Recommendations on Environmental Aspects ..............................................................................................73 9.1.1 73 Exclusion of New Irrigation works in Blocks containing International Waterways:...................................................73 9.1.2 Strengthening the Environment Management System ..................................................................................73 9.2 Recommendations on Social Aspects ............................................................................................................75 9.2.1 Land...............................................................................................................................................................75 9.2.2 Inclusion ........................................................................................................................................................ 75 9.2.3 Conflict Areas ...............................................................................................................................................77 9.3 Program Action Plan .....................................................................................................................................78 9.3.1 Action Plan on Environmental and Social Aspects .......................................................................................78 iii List of Tables Table 1: Key National Level Environmental Regulations, Policies and Guidelines: Assessment of their Relevance to Program .. 24 Table 2: Key State Level Environmental Regulations, Policies and Guidelines: Assessment of their Relevance to Program ........ 28 Table 3: Key National level Social Regulations: Assessment of their Relevance to Program ........................................................ 32 Table 4: Key State Level Social Regulations: Assessment of their Relevance to Program............................................................. 34 Table 5: Stakeholder Consultations – Issues, Concerns and Expectations ...................................................................................... 46 Table 6: Operational Land Holdings Classified by Size ................................................................................................................. 61 Table 7: Average Size of Operational Holdings ............................................................................................................................. 62 Table 8: District wise ST Population .............................................................................................................................................. 63 Table 9: District wise SC Population .............................................................................................................................................. 65 Table 10: Operational Land Holdings Classified by Distribution ................................................................................................... 65 Table 11: Average Size of Operational Holdings for Scheduled Castes in West Bengal ................................................................ 66 Table 12: Summary of Discussion from Disclosure Workshop ...................................................................................................... 70 Table 14: Environmental and Social Actions .................................................................................................................................. 78 List of Annexures: Annexure 1 – List of GPs visited by Location of District within State and also by Social and Environment Characteristics ........................................................................................................................................................... 81 Annexure 2 - List of Relevant Legislations .............................................................................................................. 83 Annexure 3 - List of Scheduled Tribes, Scheduled Castes and Other Backward Castes in West Bengal .......... 85 Annexure 4 –Details of Consultations ...................................................................................................................... 90 Annexure 5 – Negative List of Activities that are not funded under ISGPP ........................................................ 93 Annexure 6 – Existing government (State and central level) schemes .................................................................. 97 iv ABBREVIATIONS AND ACRONYMS AAP Annual Action Plan ACA Additional Central Assistance AEOs Additional Executive Officers AAEO Assistant Agricultural Extension Officer APA Annual Performance Assessment BADP Border Area Development Program BPL Below Poverty Line BRAIPARD B .R. Ambedkar Institute of Panchayats and Rural Development BEE Bureau of Energy Efficiency BPL Below Poverty Line BRGF Backward Regions Grant Fund BRO Block Relief Officer CAP Civic Action Program CB Capacity Building CEO Chief Executive Officer CPCB Central Pollution Control Board CFC Central Finance Commission CGWB Central Ground Water Board CMZA Coastal Zone Management Authority CHCMI Community Health Care Management Initiative CRZ Coastal Regulation Zone DCU District Coordination Unit DOE Department of Environment DPRDO District Panchayat and Rural Development Officers EA Executive Assistant ESMF Environmental and Social Management Framework EOP Extension Officer Panchayat ESSA Environment and Social Systems Assessment EWS Economically Weaker Section FEO Fishery Extension Officer FMR Financial Monitoring Report GDI Gender Development Index GP Gram Panchayat GPMS Gram Panchayat Management System GO Government Order GOI Government of India GoWB Government of West Bengal GS Gram Sansad GTA Gorkhaland Territorial Administration GUS Gram Unnayan Samiti HDI Human Development Index IAP Integrated Action Plan IAY Indira Awaas Yojana IBRD International Bank for Reconstruction and Development ICS Inspector of Co-operative Societies v ICDS Integrated Child Development Services IDO Industry Development Officer IEC Information Education Communication IMS Inspector of Minimum Wages IGBC Indian Green Building Council INR Indian Rupees LPG Liquefied Petroleum Gas LWE Left Wing Extremist M&E Monitoring and Evaluation MHA Ministry of Home Affairs MNRE Ministry of New and Renewable Energy MOU Memorandum of Understanding MoPR Ministry of Panchayati Raj MoRD Ministry of Rural Development MoTA Ministry of Tribal Affairs MoWR Ministry of Water Resources NGO Non-Government Organization NTFP Non Timber Forest Produce MoEFCC Ministry of Environment, Forest and Climate Change MGNREGS Mahatma Gandhi National Rural Employment Guarantee Scheme MSY Mahila Samriddhi Yojana NS Nirman Sahayak NDMA National Disaster Management Authority NRLM National Rural Livelihood Mission OBC Other Backward Classes OSR Own Source Revenue OM Operational Manual OP Operational Principle (World Bank) PAP Program Action Plan PA&AO Panchayat Audit & Accounts Officer PMGSY Pradhan Mantri Gram Sadak Yojana PBG Performance Based Grants PfR Program for Results PRI Panchayati Raj Institution PHED Public Health and Engineering Department PS Panchayat Samiti PRDD Panchayats and Rural Development Department PTG Primitive Tribal Groups POM Program Operational Manual PUP Paschimanchal Unnayan Parishad PWD Public Works Department RGPSY Rajiv Gandhi Panchayat Sashaktikaran Abhiyan SAE Sub-Assistant Engineer SC Scheduled Caste SCP Special Component Plan SAHAI State Action against Hunger and Inequality SFC State Finance Commission SHG Self Help Group SIPRD State Institute of Panchayats and Rural Development vi SMP Siliguri Mahakuma Parishad SPCB State Pollution Control Board STARPARD Society for State Training and Research on Panchayats and Rural Development (STARPARD) ST Scheduled Tribe SVAGRIHA Small Versatile Affordable GRIHA SWID State Water Investigation Directorate TDF Tribal Development Framework ToR Terms of Reference TSP Tribal Sub Plan VGDI Vulnerability Group Development Index VGDF Vulnerability Group Development Framework WBSHDR West Bengal State Human Development Report WB The World Bank WBSRDA West Bengal State Rural Development Agency WBSCZMA West Bengal State Coastal Zone Management Authority WBPCB West Bengal Pollution Control Board ZP Zilla Parishad vii Section 1 – Introduction 1.1 Background Panchayats in India forms the last tier of multi order federalism in India as they play a fundamental role in the delivery of public services and fostering social inclusion. Enlivening the Panchayat system in the country was one of the mandates in the Constitution as the Directive Principles of the State policy (under Article 40) provides for the States to take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. The first generation efforts, immediately after independence, took roots in the form of Community Development Blocks in 1952. Subsequently, it emerged that though the Panchayats have been in existence for a long time, the institutions have not been able to acquire the status and dignity of viable, inclusive and responsible people’s bodies as it suffered from: absence of regular elections, prolonged supersession, insufficient representation of poor and vulnerable sections (Scheduled Caste, Scheduled Tribes, Women), inadequate devolution of powers and lack of financial resources. This led to the second generation efforts, 73rd amendment of the constitution (1992) resulting in establishment of the basic legal institutional framework for the Panchayats. This led to the constitution of Panchayats at the village, intermediate and district levels- - (Zilla Parishad (ZP) - district, Panchayat Samiti (PS) - block and Gram Panchayat (GP) - village), and vested power in the State Governments to endow the PRIs with powers and authority that may be necessary to enable them to function effectively. The Panchayats endowed with constitutional status are endowed with certainty and continuity. It envisions them as the institutions of local self-governance and also the universal platforms for planning and implementing programs for economic development and social justice. It has deepened the democracy and ensured social and political empowerment of the people, particularly the poor and vulnerable sections through 2.4 lakh Panchayats and 2.8 million elected representatives, over 30% of whom are women, 19% SC, 12% ST and also OBCs in proportion to the population. Despite these legislative provisions, pace of decentralization and devolution is not uniformly good throughout the country. The powers and functions of local governments remain constrained, with funding flows being insufficient and unpredictable, and organizational capacity remains weak. Panchayats quite often are unable to function efficiently: due to insufficient staffing, office space & infrastructure. Lastly, efforts are yet to materialize in a full scale on the True Integrated decentralized planning, largely due to non-cooperation from the line Departments as well as poor coordination across the three tiers. All these have impacted on the service delivery, governance and accountability. Given this context, there have been several innovative and instructive efforts towards addressing the difficulties and deficiencies. One such attempt has been the Institutional Strengthening of Gram Panchayats Project in West Bengal (2010- 2016) being supported by the World Bank1. West Bengal has been one of the forerunners in India in establishing an integrated three-tiered Panchayati Raj System (PRI) for rural local governance. Support to the PRIs in West Bengal started in 1978 under the aegis of the West Bengal Panchayat Act of 1973. This agenda got a major push in early 1990s with the 73rd Amendment of the Constitution, which institutionalized local governance in the country and embraced devolution as the primary mode of decentralization. This political commitment for decentralization led to the launching of the Institutional Strengthening of Gram Panchayats Project (ISGPP-I) in 2010. Purposes of this project was to strengthening the Gram Panchayat by expanding and deepening decentralization by providing more resources, capacities and incentives to improve service delivery and governance. The project which closed on June 2016 has had significant successes and the same have been recognized as best practices efforts by both the central and state governments. Two significant achievements include: (i) 1 Objectives of ISGPP I was to develop institutionally strengthened GPs and the project covered 1000 GPs with a financial outlay of USD 235 million. 1 provision of block grants; and (ii) preparation of integrated GP level development plan. This success has led to the launching of a follow on program - ISGPP-II with continued assistance from the World Bank. 1.2 Institutional Strengthening of Gram Panchayats Program Phase II (ISGPP II) - Program Description ISGPP I covered 9 districts in the state. The follow on initiative is meant to cover the entire state, to roll- out and refine the performance based grant modalities of ISGPP-I as the main vehicle for providing discretionary funds and incentivizing GPs for enhanced performance, combined with a comprehensive and coherent system of capacity building, mentoring and hand holding to the GP officials in undertaking decentralized and participatory planning, budgeting and project implementation for bridging priority service delivery gaps. ISGPP-II will institutionalize the access to all discretionary funds to the GPs including funds from the fourth SFC, 10% performance grant under the 14th CFC and IBRD funding under the proposed Program through a state level performance based grant allocation system. Essentially, the recommendations from the fourth State Finance Commission and the State’s Decentralization Roadmap of 2009 prepared by the Panchayat and Rural Development Department, GOWB, forms the basis for the indemnification of the interventions. The World Bank’s assistance is sought to achieve a sub set of the issues/ result areas identified under the vision document with an overarching development objective of strengthening the institutional and financial capacities of Gram Panchayats (GPs) across the State. Key results of the government program that will be supported by the proposed operation are: (a) Establishing a state wide unified performance based grant allocation system for all discretionary funds available for GPs; (b) Improve local government financial management systems in GPs; and (c) Improve the decentralized and participatory planning and budgeting mechanisms at the local level. These results will be achieved by supporting the following interventions under the Program: (1) Performance-Based Grants (PBG) to GPs; (2) Focused mentoring support to GPs for strengthening GP functioning; (3) Formal learning and trainings for the officials and representatives from the PRIs, delivered through a District-level planning process; (4) Institutional systems development and roll-out for improving local governance; (5) Support for adequate core staff in the GPs; (6) Development and implementation of internal audit system for GPs; (7) Timely completion of APA for 3,342 GPs every year; (8) Program management, coordination and monitoring support at the state and district level for program implementation; (9) Timely completion of external audits of all GPs annually; and (10) Citizen engagement, project communications and IEC. While the proposed PfR will support the roll-out of APA for all 3,342 GPs, the Bank’s financial assistance, will only be used for providing performance-based grants to the 2,344 GPs which were not covered under ISGPP. 1.3 Investments and Implementation Arrangements While only 1,000 GPs in 9 districts2 were covered in ISGPP-I, the Bank through the proposed ISGPP-II, will support the government in rolling out the PBG system to all GPs across all of the nineteen (19) districts of the state namely -- Bankura, Birbhum, Bardhaman, Cooch Behar, Howrah, Nadia, East Midnapore (Purba Medinipur), Hooghly, Purulia, West Midnapore (Paschim Medinipur), Darjeeling (only Siliguri Mahukuma Parishad area)3, Alipurduar, Jalpaiguri, Malda, North Dinajpur (Uttar Dinajpur), South Dinajpur (Dakshin Dinajpur), North 24 Parganas and South 24 Parganas and Murshidabad ensuring that all 2 ISGP I included 1000 GPs across nine districts namely -- Bankura, Birbhum, Burdhaman, Cooch Behar, Dakshin Dinajpur, Howrah, Nadia, Paschim Medinipur and Purba Medinipur 3 Gorkhaland in Darjeeling in the North is the only Hill district that is also having an Autonomous governing council and is also a Sixth Schedule area. However it would be covered under the Program only after GP level elections, hence at the time of report preparation, it is not covered under this Program. 2 3,342 will be covered by performance based grants over the Program period. The Program implementation duration will be for 5 years starting 2017 to 2021. The key interventions relate to capacity building of the GPs and small scale infrastructure works which are expected to result in substantial social and environmental benefits to the rural communities at large, especially, to the poor and vulnerable sections. Though actual types of activities to be undertaken would be identified by GPs through their regular planning process, typical investments under the Program are likely to be: construction/maintenance of internal village Brick/Concrete/Morrum/Black top roads and associated drains, tubewells/ submersible tubewells for drinking water supply, pucca and/or kutcha drains, field channels/drains for irrigation of farm lands, Culverts, Off grid solar power, Solar street lighting, ICDS centres, Market complexes, Solid Waste Management, Community Toilet complexes, Passenger Waiting sheds, etc. The program will have the following key implementation agencies: Panchayats and Rural Development Department (PRDD), West Bengal State Rural Development Agency (WBSRDA), ISGPP Cell, District Coordination Units (DCUs), District Training Centers (DTCs), Gram Panchayat and a number of capacity building providers, such as Society for State Training and Research on Panchayat and Rural Development (STARPARD), and Examiner of Local Accounts (Comptroller and Auditor General’s office). 1.4 Program Preparation The lending instrument planned for ISGPP II would be Program for Results (P4R) which is aimed at financing the results as agreed between GoWB and the Bank. As a part of the program preparation, several assessments were undertaken - technical, institutional, fiduciary and social & environmental. This report details out the results of the Environmental and Social Systems Assessment. 3 Section 2 – Environmental and Social Systems Assessment 2.1 Environmental and Social Systems Assessment (ESSA) The key interventions of the program relate to capacity building of the GPs and small scale infrastructure works which are expected to result in substantial social and environmental benefits to local community, especially, those belonging to the poor and vulnerable sections. Hence, adverse impacts that are sensitive, diverse and unprecedented on the environment and/or people are not foreseen. However, planned efforts are essential to ensure that project interventions do result in sustainable social and environmental benefits. Accordingly, a comprehensive assessment of environmental and social systems (ESSA) has been undertaken to gauge the adequacy of environmental and social systems, especially with focus of attention as GPs. The objective of ESSA is to ensure consistency with the core principles outlined in the July 2015 policy and directive on Program-for-Results Financing in order to effectively manage program risks and promote sustainable development4. These principles are: • Promote environmental and social sustainability in the Program design - avoid, minimize, or mitigate adverse impacts, and promote informed decision making relating to the program’s environmental and social impacts. • Avoid, minimize, or mitigate adverse impacts on natural habitats and physical cultural resources resulting from the program. • Protect public and worker safety against the potential risks associated with: • Construction and/or operations of facilities or other operational practices under the program; exposure to toxic chemicals, hazardous wastes, and other dangerous materials under the program; and reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards. • Manage land acquisition and loss of access to natural resources in a way that avoids or minimizes displacement, and assists the affected people in improving, or at the minimum restoring, their livelihoods and living standards. • Give due consideration to the cultural appropriateness of, and equitable access to, program benefits, giving special attention to the rights and interests of the Indigenous Peoples and to the needs or concerns of vulnerable groups. • Avoid exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial disputes. The specific objectives with which the ESSA was undertaken in the context of ISGPP II include the following: • Identify potential environmental and social benefits, risks and impacts applicable to the program interventions • Review the policy and legal framework related to management of environmental and social impacts of the program interventions • Assess the institutional capacity for environmental and social management system within the program system • Assess the program system performance with respect to the core principles of the PforR instrument and identify gaps, if any • Describe actions to be taken to fill the gaps viz., mitigation measures that will be used as input/s to the Program Action Plan 4 Bank Policy, Programming for Results, July 2015 4 2.2 Approach and Methodology The ESSA is prepared through a combination of reviews of existing program materials and available technical literature, and consultations with all key stakeholders including PRI members, ISGPP staff, state government officials and other subject matter experts. Field visits were made to the GPs covered under ISGPP I (to evince the implementation results experiences) as well as potential GPs across the state. The methodology in the preparation of the ESSA included the following: (i) a review of all documents including monitoring and evaluation reports of ISGPP I project; (ii) a desk review of the laws, regulations, requirements, and guidelines on the environmental and social management aspects; (iii) a review of the existing systems – legal and regulatory framework, institutions including existing Environment and Social Management Framework (ESMF) and Vulnerable Group Development Framework (VGDF) deployed for ISGPP I; (iv) visits to sixteen (16) GPs across nine (9) districts in different districts within the state, to capture diversity in respect to geographical area, social groups, ethnicity: • Howrah -- Southern part of the state and is urban/semi-urban in nature; • Burdwan -- Central Part of the state and having high proportion of SC population; • South 24 Paragnas-- Southern part of the state with high percentage of SC population and also having many island GPs; • Nadia -- in the Central part of the state having international border with Bangladesh; • Pashchim Medinipur (or West Midnapore) and Purulia in South-West and Western part of the state respectively that are categorized as Left Wing Extremists Districts5 and high tribal population; • Darjeeling district (Siliguri Mahukuma Parishad) which is the only Hill district of the state; • Jalpaiguri -- North Bengal high concentration of SC population as well as high tribal population; • Cooch Behar --- North Bengal having the highest concentration of SC population in the state and also in the country. List of GPs visited by location of district within state and also by social and environment Characteristics provided in Annexure 1. (v) interactions with different stakeholders in the Gram Panchayats as well as block, district and state level institutions associated or likely to be associated with the Program; (vi) devise a Program Action Plan (including recommendations) based on identified issues/ gaps; and (vii) Discussions with ISGP – PRDD, GoWB for their responses on suggested Program Actions and finalize the same. 2.3 Consultations and Disclosure of ESSA The ESSA preparation was primarily based upon consultative meetings held in the state comprising field visits to 16 GPs across nine districts, each selected such as to reflect diversity in respect to geo-physical characteristics, social groups, and ethnicity. After due discussions and deliberations, GOWB endorsed the findings of the ESSA and uploaded the report on its website, for sharing the report and evincing a feedback, during November 2016. Subsequently, a disclosure workshop was organized in Kolkata during mid- December 2016 with participation from various stakeholders drawn from different parts of the state. 5 Purulia, Paschim Medinipur, Bankura and (part of) Birbhum are four of the LWE districts in the state 5 Section 3 – Institutional Assessment The Program’s institutional assessment includes assessment of social and environmental management capacity at the National, State, District, Block and Gram Panchayat as well as implementation agencies/ arrangements designed under ISGPP I. Ensuing sections below present the existing institutions and their assessment in terms of relevance and adequacy for the Program. 3.1 Assessment – Social Management Capacity 3.1.1 National Level Institutions Ministry of Panchayati Raj (MOPR): The Ministry of Panchayati Raj, created in 2004, is a national ministry of the Government of India shouldering responsibility for effecting decentralization and ensuring local governance in the States. In a federal set up, Panchayati Raj is on the concurrent list and hence the powers and functions of the government are divided among the central and state governments. However, with the passage of 73rd and 74th amendments, the divisions of powers and functions have been further trickled down to Local Self Governments. MOPR is responsible for the work of advocacy for and monitoring of the implementation of Constitution 73rd Amendment Act as well as the Provisions of the Panchayats (Extension to Scheduled Areas) Act 1996. The Ministry, inter-alia, would ensure that they hold timely elections, set up State Finance Commissions and implement their recommendations, constitute District Planning Committees and empower them suitably to ensure grass-root level planning to feed into State and Central level Planning effectively. The Ministry of Panchayati Raj is also responsible for formulation and implementation of an Action Plan for seeing PRIs to emerge as "Institutions of Local-Self Government" securing economic development and social justice in their respective areas. MOPR’s key innovative intuitive includes: e-Panchayat project , which holds great promise for the rural masses as it aims to transform the Panchayati Raj Institutions (PRIs) into symbols of modernity, transparency and efficiency. This is one of its kind nationwide IT initiative introduced to ensure people's participation in program decision making, implementation and delivery. The project aims to automate the functioning of the 2.45 lakh Panchayats in the country. The project addresses all aspects of Panchayats' functioning including Planning, Monitoring, Implementation, Budgeting, Accounting, Social Audit and delivery of citizen services like issue of certificates, licenses etc. Central Finance Commission (CFC): The Indian Constitution provides an institutional framework to facilitate Centre- State Transfers. This body is the Finance Commission, which came into existence in 1951, under Article 280 of the Indian Constitution, Its functions are: • Distribution of net proceeds of taxes between Center and the States, to be divided as per their respective contributions to the taxes. • Determine factors governing Grants-in Aid to the states and the magnitude of the same. • To make recommendations to president as to the measures needed to augment the Fund of a State to supplement the resources of the panchayats and municipalities in the state on the basis of the recommendations made by the Finance Commission of the state. • Any other matter related to it by the president in the interest of sound finance Ministry of Rural Development (MoRD): Being the nodal Ministry for most of the development and welfare activities in the rural areas, the Ministry of Rural Development plays a pivotal role in the overall development strategy of the country. The vision and mission of the Ministry is sustainable and inclusive growth of rural India through a multipronged strategy for eradication of poverty by increasing livelihoods 6 opportunities, providing social safety net and developing infrastructure for growth. This is expected to improve quality of life in rural India and to correct the developmental imbalances, aiming in the process, to reach out to most disadvantaged sections of the society. Ministry of Rural Development are engaged in the following: (i) provision of livelihood opportunities, particularly to women and other vulnerable sections; (ii) livelihood security through wage labor; (iii) rural roads for improving connectivity; (iv) housing; (v) assistance to the elderly, widows and disabled persons; (vi) capacity development and training of rural development functionaries; and (vii) Restoring lost or depleted productivity of the land through watershed development programs. Ministry of Tribal Affairs (MOTA): The Ministry of Tribal Affairs was constituted with the objective of providing more focused attention on the integrated socio-economic development of the most under- privileged sections of the Indian society namely the scheduled tribes in a coordinated and planned manner. They shoulder responsibilities for: (i) social security and social insurance for tribals; (ii) tribal welfare- planning, project formulation, research, evaluation and training; (iii) legislation matters; (iv) regulation in scheduled areas; (v) national commission for scheduled tribes; and (vi) Implementation of the Protection of Civil Rights Act 1955 and SC/ST Prevention of Atrocities on SC/ST act of 1989. Ministry of Home Affairs (MHA) - Left Wing Extremism Division: The Division was created in October 2006 in the Ministry to effectively address the Left Wing Extremist insurgency in a holistic manner. The LWE Division implements security related schemes aimed at capacity building in the LWE affected States. The Division also monitors the LWE situation and counter-measures being taken by the affected States. The LWE Division coordinates the implementation of various development schemes of the Ministries/Departments of Govt. of India in LWE affected States. The States of Chhattisgarh, Jharkhand, Odisha, Bihar, West Bengal, Andhra Pradesh, Telangana, Maharashtra, Madhya Pradesh and Uttar Pradesh are considered LWE affected, although in varying degrees. The roles and functions of the division include: (i) security related issues including deployment of armed forces and creating related infrastructure; (ii) financial assistance for Civic Action Programs in the affected areas; and (iii) creation of basic infrastructure, especially, for improving connectivity roads. The Ministry of Minority Affairs: It was carved out of Ministry of Social Justice & Empowerment and created in January, 2006 to ensure a more focused approach towards issues relating to the notified minority communities namely Muslim, Christian, Budhist, Sikhs, Parsis and Jain. The mandate of the Ministry includes formulation of overall policy and planning, coordination, evaluation and review of the regulatory framework and development programs for the benefit of the minority communities. Its vision is empowering the minority communities and creating an enabling environment for strengthening the multi-racial, multi-ethnic, multi-cultural, multi-lingual and multi-religious character of our nation. Its mission is • To improve the socio-economic conditions of the minority communities through affirmative action and inclusive development so that every citizen has equal opportunity to participate actively in building a vibrant nation. • To facilitate an equitable share for minority communities in education, employment, economic activities and to ensure their upliftment. It has many schemes for implementation through state level. Ministry of Women and Child Development: The Ministry came into existence in 2006 and is meant to address the gaps in State action for women and children for promoting inter-Ministerial and inter-sectoral convergence to create gender equitable and child-centered legislation, policies and programs. Its mandate includes promoting social and economic empowerment of women through cross-cutting policies and programs, mainstreaming gender concerns, creating awareness about their rights and facilitating institutional and legislative support for enabling them realize their human rights and develop to their full potential. 7 Ministry of Social Justice and Empowerment: The Ministry is responsible for welfare, social justice, and empowerment of disadvantaged and marginalized sections of society, including scheduled castes (SC), Other Backward Classes (OBC), the disabled, the elderly, and the victims of drug abuse. 3.1.2 State Level Institutions Panchayats and Rural Development Department (PRDD): Panchayats and Rural Development Department of the Government of West Bengal is entrusted with the responsibility of constitution and framing policy related to functioning of the rural local self-government, i.e., the Panchayats, providing administrative support to the three tier panchayat system as well as implementation of various rural development programs including the major poverty alleviation programs in the rural areas of the State. The Department also organizes community action for participatory planning and development through the elected Panchayat bodies at different levels. The Department of Panchayats & Rural Development aims at facilitating economic and social development in the rural areas of the State and organizes community action in all development initiatives in the rural sector by utilizing Central/State Sector programs. The thrust areas of the Department include the following: • Deepening and widening decentralization through the Panchayat bodies • Training and capacity building of the Panchayat bodies for better governance • Promotion of wage employment for needy people • Augmenting livelihood opportunities for the rural population • Providing social security and safety nets to the disadvantaged and socially excluded • Improving the social and physical infrastructure in the rural areas The department is responsible for execution of many schemes including: Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS)- wage employment scheme, Pradhan Mantri Gram Sadak Yojana (PMGSY)- rural roads program, Pradhan Manti Awas Yojana (PMAW)- rural housing program, Rural Infrastructure Development Fund (RIDF), National Rural Livelihood Mission (NRLM), and other social sector schemes such as Provident Fund For Landless Agricultural Labourers (PROFLAL); Shisu Siksha Karmasuchi- alternative elementary education system; National Social Assistance Programs, Community Health Care Management Initiative (CHCMI), Watershed and Wasteland Development Program. The Program will be anchored with this department and thus will have primary responsibility for Program implementation. West Bengal State Rural Development Agency (WBSRDA): Within PRDD, the WBSRDA, an umbrella technical organization registered as a Society under the West Bengal Societies Registration Act, 1961, will have overall responsibility for project execution, state level oversight and inter-institutional coordination. WBSRDA has been entrusted with the responsibility to implement, coordinate and monitor the central and state level programs implemented by the PRDD. Gorkhaland Territorial Administration (GTA): It is a semi-autonomous administrative body for the Darjeeling hills in West Bengal, India. GTA replaced the Darjeeling Gorkha Hill Council, formed in 1988 and administered the Darjeeling hills for 23 years. GTA presently has three hill subdivisions Darjeeling, Kalimpong, and Kurseong. The area is classified as Sixth Schedule. GTA is an elected body with powers to frame rules / regulations under the State Acts to control, regulate and administer the departments / offices and subjects falling under its purview. GTA Sabha consists of 45 elected members and 5 members would be nominated by the Governor for providing representations to Scheduled Castes, Scheduled Tribes and Minority Communities. The local level MPs, MLAs and chairpersons of municipalities also serve as ex-officio members of the GTA Sabha6. The Sabha has a term of five years. 6As elections to the GPs in GTA are not held as yet, they are not presently included in the Program, but would be covered within at a later date as and when elected bodies are in place. 8 Siliguri Mahakuma Parishad (SMP): Siliguri Mahakuma Parishad was formed in 1989 for the plains of Darjeeling district i.e. Siliguri subdivision. It has a geographical area of 837.45 sq km. It is bounded on the north by the Sub-Himalayan ranges of Darjeeling district and on the south by Bangladesh, Uttar Dinajpur & Bihar. On the east, lies Jalpaiguri district and Kalimpong Sub-division of Darjeeling district, and is bounded on the west by Nepal. Prior to 1989, Siliguri subdivision was one of the four subdivisions which comprised the Darjeeling Zilla Parishad formed in 1978. At that time, the three hill subdivision of Darjeeling district, i.e. Darjeeling, Kurseong, Kalimpong and the plains of Siliguri Subdivision comprised the Darjeeling Zilla Parishad. After the formation of the Darjeeling Gorkha Hill Council in 1988 whose territorial jurisdiction extended into the three hill subdivisions; the Siliguri Mahakuma Parishad was exclusively created whose jurisdiction extends upto the borders of Siliguri sub-division. It comprises of four blocks encompassing 22 GPs. Paschimanchal Unnayan Parshad (PUP): PUP Area (PUPA) meant to address the regional disparities, contains within its territory a few backward areas situated along the western fringe of South- West Bengal. PUPA covers about one fourth of the total area of the State and one eighth of the total population (10 million). It has 74 Blocks containing 648 GPs and 12558 inhibited villages. Region is typically characterized by high concentration of poor people eking out their livelihood from wage labor. About 40% of the population belongs to scheduled tribe and scheduled-caste communities and nearly 40% of the families live below poverty level. A large number of villages are inaccessible by Pucca or Murram roads. PUPA’s mandate chiefly relates to the development of the area with physical infrastructure, creation of employment opportunities, provision of basic amenities and other social infrastructural facilities. State Finance Commission (SFC): Article 243I of the Indian Figure 3.1 - Map of PUPA Constitution provides for the constitution of a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor for deciding upon: • The distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees to be levied by the State, which may be divided between them as well as the allocation between the Panchayats at all levels of their respective shares of such proceeds • The determination of the taxes, duties, tolls and fees which may be assigned as, or appropriated by, the Panchayats • The grants-in-aid to the Panchayats from the Consolidated Fund of the State • The measures needed to improve the financial position of the Panchayats • Any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats. 3.1.3 ISGPP Management ISGPP I management rests with a Cell established by WBSRDA which shouldered overall responsibility for the execution of different components of the project including day to functioning, staff deployment throughout the state, coordination with other agencies and monitoring and evaluation. This Cell is currently associated with the Bank in preparing the ISGPP II Program. Subsequently, it is expected to be continued with supplementary and complementary resources for the overall management of the ISGPP II Program. 9 One of the key responsibilities of the Cell would be to ensure that environmental and social issues are addressed appropriately, adequately and effectively in the Program. Specific activities would include: (i) deployment of the skilled staff; (ii) arranging capacity support and capacity building; (iii) communication outreach; (iv) over-seeing during preparation and implementation stages; and (v) monitoring and evaluation. At the State Level, the Cell currently is staffed by both cross-cutting management and support staff and specialists dealing with specific technical areas. Performance of ISGPP I reflects that the cell exudes strong leadership, technical competence and professional expertise. The Cell has identified focal personnel for each project component, and they will be accountable for implementation, coordination, monitoring and reporting of their respective components and sub-components. The designated focal points are working under the overall supervision of a Project Manager reporting to the CEO of WBSRDA, and their assignments are reviewed periodically, with formal reviews held quarterly and annually with the PS, PRDD. Three specialist teams are in place – Capacity Building, Monitoring and Evaluation and Communication, which steered the first project. Environmental and social management is spread across the units of: Capacity Building, M&E and Communications. Formal training programs and IEC activities, to a large extent, are out-sourced to external agencies. District level activities rests with the District Coordination Units (DCU), set up one in each of the 9 districts. Field/ GP level management support is extended by a multi-disciplinary Field Mentoring Team (FMT). Each mentoring team is assigned to work with 17 project GPs for the duration of the project, with each mentor visiting every GP at least on a monthly basis. Initial activities include orientation of GPs in project procedures and requirements. Regular visits to individual GPs will focus on a cycle of activities related to the annual budget cycle, as well as providing just-in-time, responsive support on an as-needed basis. Mentors will use a range of approaches to support, including individual coaching, group work and informal GP level training. Mentors are individually hired on contract at state level, deployed to districts and teams, and report to the Overall District Coordinator who in turn reports to the district Additional Executive Officer (AEO) of the Zilla Parishad who also oversee the training programs. The District Training Centers (DTCs): For ISGPP I, District Training Centers (DTCs) had been set up in the project districts to manage the formal training courses for the GP officials. The DTCs are under the direct control of the STARPARD (described later). Their activities are overseen by STARPARD and coordinated by the District Panchayat and Rural Development Officers (DPRDOs). The DTCs report directly to the DPRDOs on the formal training support. The DPRDOs have the responsibility to report to STARPARD on the performance of DTCs and to the Additional Executive Officers (AEOs) in ZP on the formal trainings imparted to the GPs. The Additional Executive Officers (AEOs) of the Zilla Parishad (district) also serve as Additional District Executive Officer of WBSRDA, in addition to their regular functions, are authorized to oversee the DCUs engaged in their respective districts. With the support from the DCUs and DPRDOs, the AEOs monitor and report the progress and performance of the capacity support at regular district level monitoring meetings as well as in the semi-annual meetings with the PRDD. Thus, it can be seen that ISGPP I had succeeded in aligning the project’s formal training programs with the state/district agencies viz., the institutional setup. Overall, ISGPP I has built over the years an appropriate mix of multi- disciplinary dedicated and committed technical specialist based organization as well as established an institutional networking. While the Cell is placed well to continue the management of the ISGPP II (Program), but, necessarily would require reinforcements with supplementary and complementary resources. 10 3.1.4 District Level Institutions Zilla Parishad is at the apex of the three-tier Panchayat system and the government of West Bengal has formed one Zilla Parishad in each of the districts except Darjeeling7. As per the amended Panchayat Act of 1992, seats are preserved in the Zilla Parishad for the Schedule Castes and Schedule Tribes in accordance with their population ratio. It is mandatory that at least one-third of the total membership of the Zilla Parishad is kept reserved for the Schedule Castes and Schedule Tribes. Overall, women are to constitute at minimum of 50 % of the total seats. ZP’s power and functions and duties include formulating all plans and project for various social welfare activities to ensure different social economic and cultural development within the district. The main functions of the Zilla Parishad could be categorized into the following spheres: (i) Development – formulation and execution of projects, (ii) Civic—construction and maintenance of public roads, bridges, waters supplies etc., (iii) Welfare- libraries, health centers, calamity relief etc., (iv) Coordination and Advisory services- among and to PS, GPs and departments, (v) Financial – examining budgets and exercising control over PRI finances. ZP’s mandate is quite large and wide, but has very limited source of income and hence it has to depend essentially on the grants given by the government to meet its expenses. In general, ZP’s apex role was not evident in ISGPP I. 3.1.5 Block Level Institutions Panchayat Samiti is the elected entity and serves as second layer of the three-tier Panchayat system. The Panchayat Samiti, apart from its own elected representatives, consists of the following members: • All the Pradhans of the Village Panchayat within the block are the ex-officio members of the Panchayat Samiti. • Members of the concerned ZP constituency. • All the elected members of Lok Sabha and the State Legislative Assembly elected from the block and the members of the Rajya Sabha residing in the block automatically becomes the member of Panchayat Samity. However, no minister either of the central government or of the state government can become a member of the Panchayat Samiti. Functions of the PS fall into three broad categories: (i) Delegated- executing projects and activities as delegated by the state government; (ii) Community Development – planning and implementation of social and economic welfare programs; and (iii) Supervisory- overseeing the works of GPs including exercising control on their budgets. Each PS has as many as 10 standing committees. The executive section of PS is headed by Block Development Officer & Ex-officio Executive Officer, Panchayat Samiti serving as Head of the Office/Executive Magistrate and Assistant Electoral Registration Officer. S/He is supported by the Joint Block Development Officer (Drawing & Disbursing Officer and Assistant Electoral Registration Officer) who is also the Ex Officio Joint Executive Officer of Panchayat Samiti. Some of the Extension officers/ officials include: Inspector of Co-operative Societies (I.C.S.); Inspector of Minimum Wages (I.M.W.); Industry Development Officer (I.D.O.); Fishery Extension Officer (F.E.O); Block Relief Officer (B.R.O.); Extension Officer Panchayat (E.O.P.); Panchayat Audit & Accounts Officer (P.A & A.O.); Sub-Assistant Engineer (4) (S.A.E.); Assistant Agricultural Extension Officer (Asstt. A.E.O.). In a three tier PRI setup, PS is expected to play a key role particularly in not only according sanctions but also, in general, overseeing the GP operations including ensuring proper addressing of environmental and social issues. However, this does not always happen in reality. 7 In Darjeeling two separate arrangements exist: Siliguri Mahukuma Parishad – a district level body for the rural areas for the plains and another Gorkhaland Territorial Administration for the communities in the Hills. 11 3.1.6 Gram Panchayat Level Gram Panchayat: GP is the lowest tier of the PRI setup and is the primary management unit in terms of local self-governments. Being an elected body and closer to the people, it is required to shoulders responsibility for a variety of functions/ activities. They can be categorized broadly into three: (i) Own Managed/ Discretionary; (ii) Assigned; and (iii) Optional. Own managed activities, emanating from the functions devolved through constitutional provision, includes: i) ensuring safe drinking water to all; ii) developing rural connectivity through construction of all-weather roads; iii) developing proper sewage in all villages iv) ensuring employment to all through MNREGS; v) sanitation for all through Mission Nirmal Bangla; vi) clean village through establishing Solid Waste Management Program; vii) to develop Agriculture by excavation and re-excavation of ponds, irrigation channels; (viii) to ensure health service and education to child and women through ICDS; and (ix) to ensure proper educational infrastructure. Assigned functions are those as desired and assigned by the higher level PRIs and state government. Optional functions are the ones as desired by the local community but not falling under the other two categories. In terms of composition, it comprises representatives elected from each Sansad (Ward) within its jurisdiction. In addition, it also consists of elected members of Panchayat Samiti from the GP area. Other officials of the GP comprise: Executive Assistant, Secretary, Nirman Sahayak (Engineer); Sahayak; Panchayat Karmee; Tax collector; Gram Rojgar Sevak; Village level Entrepreneur (VLE) and Skill Technical Person (STP). In order to ensure better functioning and decentralization of power and authority of the Gram anchayat five Upa Samitis (sub-committees) are formed just as there are Stayee Samitees at the upper tier. These are: • Artha O Parikalpana (Finance and Planning) • Siksha O Janaswastha (Education and Health) • Nari, Sishu Unnayan O Samajkalyan (Woman and Child development) • Krishi O Pranisampad Bikash (Agriculture and Animal Husbandry) • Silpo O Parikathamo (Industry and Trade) GP’s management functions include: preparation of perspective plan and budget; preparation of annual integrated Upa Samity based plans and budget based on VGDI and incorporating elements of the ESMF as appropriate; plan implementation as per GP procurement manual 2014; maintaining books of accounts8 through GPMS software; providing public services such as birth-death certification through GPMS software; collection of tax and non-tax from different sources; conducting statutory meeting regularly; and organizing Gram Sansad and Gram Sabha meetings regularly. The GPs develop annual plans based on a set of well laid out guidelines and they hold consultative meetings with the Gram Sansad, the assembly of all eligible voters at the sub-village level, and obtain the approval of the Gram Panchayat. GP has the primary responsibility for ingraining social and environmental management in all its activities. 3.2 Institutional Assessment - Environment Management Capacity 3.2.1 National Level Institutions The details of key institutions that are relevant to the program’s environmental management system are provided in this section. Ministry of Environment, Forest and Climate Change (MoEFCC): The Ministry of Environment, Forest and Climate Change (MoEFCC) is the nodal agency in the administrative structure of the Central Government for the planning, promotion, co-ordination and overseeing the implementation of India's environmental and forestry policies and programs. The broad objectives of the Ministry are: 8 As per West Bengal Panchayat (Gram Panchayat Accounts, Audit and Budget) Rules, 2007 12 • Conservation of country's natural resources including its lakes, rivers etc. • Conservation and survey of flora, fauna, forests and wildlife • Prevention and control of pollution • Afforestation and regeneration of degraded areas • Protection of the environment These objectives are well supported by a set of legislative and regulatory measures and policies, aimed at the preservation, conservation and protection of the environment. The Ministry oversees the implementation of legislative and regulatory measures pertaining to construction activities in ecologically sensitive areas. Central Pollution Control Board: The Central Pollution Control Board (CPCB) is a statutory organization which was constituted under the Water (Prevention and Control of Pollution) Act, 1974 and entrusted with powers and functions under Air (Prevention and Control of Pollution) Act, 1981. CPCB provides technical services to the Ministry of Environment, Forests and Climate Change on the provisions of the Environment (Protection) Act, 1986. Principal functions of the CPCB include (i) Promoting cleanliness of streams and wells in different areas of the States by prevention, control and abatement of water pollution (ii) Collecting, collating and disseminating technical and statistical data relating to water pollution (iii) Improving the quality of air and to prevent, control or abate air pollution The CPCB plays the key role in regulation of air pollution, water pollution and disposal of wastes from construction activities. National Disaster Management Authority (NDMA): NDMA is an agency established by Ministry of Home Affairs. NDMA, as the apex body, is mandated to lay down the policies, plans and guidelines for Disaster Management to ensure timely and effective response to disasters. NMDA offers guidance on disaster management to PRIs through awareness programs. Ministry of New and Renewable Energy (MNRE): The Ministry of New and Renewable Energy (MNRE) is the nodal Ministry of the Government of India for all matters relating to new and renewable energy. The broad aim of the Ministry is to develop and deploy new and renewable energy for supplementing the energy requirements of the country. The key functions of the Ministry include facilitating research, design, development, manufacture and deployment of new and renewable energy systems for application in different sectors both in rural areas. Ministry of Water Resources (MOWR): The vision of the Ministry of Water Resources is ‘optimal sustainable development, maintenance of quality and efficient use of water resources to match with the growing demands of the country’. The Ministry is responsible for laying down policy guidelines and programs for the development and regulation of country's water resources. The Ministry has the following functions: • Overall policy formulation, planning and guidance in respect of minor irrigation and command area development, administration and monitoring of the centrally sponsored schemes and promotion of participatory irrigation management. • Overall planning for the development of ground water resources, establishment of utilizable resources and formulation of policies of exploitation, overseeing of and support to state level activities in ground water development. The Ministry formulates and facilitates the implementation of policies, schemes regarding improvement of ground water, restoration of water bodies, rain water harvesting etc. 13 Central Ground Water Board (CGWB): Central Ground Water Board (CGWB) is under the Ministry of Water Resources, Government of India. CGWB is the national apex agency entrusted with the responsibilities of providing scientific inputs for management, exploration, monitoring, assessment, augmentation and regulation of ground water resources of the country. Major activities being taken up by Central Ground Water Board include: • Monitoring of ground water levels and water quality through a network of ground water observation wells • Implementation of demonstrative schemes for artificial recharge and rainwater harvesting for recharge augmentation. • Periodic assessment of replenishable ground water resources of the country jointly with the concerned State Government agencies. • Conducting special studies on various aspects of ground water sector such as ground water depletion, sea water ingress, ground water contamination, conjunctive use of surface and ground water, water balance etc. the data generated will provide scientific base for water resource planning by stakeholders • Advising states and other user agencies on planning and management of ground water resources, and providing technical know-how for scientific ground water exploration, development and management to various stakeholders. The technical data and inputs from CGWB guide the ground water exploitation across the states. Ministry of Drinking Water and Sanitation: The Ministry of Drinking Water and Sanitation is the nodal department for the overall policy, planning, funding and coordination of programs on drinking water and sanitation in the country. The mission is ‘to ensure that all rural households have access to and use of safe and sustainable drinking water and improved sanitation facilities by providing support to state in their endeavor to provide these basic facilities and services’. The objectives (in rural areas) are to: • Ensure that all households have access to and use of safe drinking water and sanitation facilities • Ensure that communities monitor and keep surveillance on their drinking water sources • Ensure that all government schools and anganwadis have functional toilets, urinals and access to safe drinking water • Provide an enabling environment and support to Panchayat Raj Institutions and local communities to manage their own drinking water sources and sanitation in their villages • Provide access to information through online reporting mechanism with information placed in public domain to bring in transparency and informed decision making 3.2.2 State level Institutions Department of Environment: The Environment Department of West Bengal undertakes responsibilities for the betterment of the environment and ecology; prevention and control of pollution of air, water and land; co-ordination between departments and agencies of the state and the union government concerned with policies and schemes relating to environment. Presently, the Department executes its activities through the following institutions: 1. West Bengal Pollution Control Board (WBPCB) 2. West Bengal Biodiversity Board 3. West Bengal State Coastal Zone Management Authority (WBSCZMA) State Pollution Control Board: West Bengal Pollution Control Board (WBPCB) is a statutory authority entrusted to implement environmental laws and rules within the jurisdiction of the state of West Bengal, 14 India. At present, the Board implements the provisions of following environmental Acts and Rules within West Bengal: 4. Water (Prevention and Control of Pollution) Act, 1974 and Rules made there under 5. Air (Prevention and Control of Pollution) Act, 1981 and Rules made there under 6. Water (Prevention and Control of Pollution) Cess Act, 1977 and Rules made there under The WBPCB plays the key role in implementation of the mentioned rules which are relevant to the construction activities taken up by PRIs. West Bengal Forest Department: The West Bengal Forest Department has the mandate to conserve the biodiversity and ecology of the State. The objectives of the department are to • Take up massive need based and time bound programs of afforestation and tree planting with particular emphasis on fuel-wood and fodder development on all available lands in the State, whether forest or non-forest lands, to meet the requirement of the community on one hand, and to improve the environment on the other. • Ensure people's participation in conservation and development of natural resources of the State through socio economic development of the forest fringe communities. • Conservation of natural flora and fauna in the forests and the wetlands through creation of protected areas in the State. • Regulation of tree felling and timber movement The key functions include: • Greening the State through afforestation and allied activities like agro-forestry and agro-silvi pasture • To consolidate and carry forward the movement of participatory management of natural resources in different agro-climatic regions of the State through economic uplift of forest fringe population • To meet requirements of the community for fuel wood, fodder, small timber, Non Timber Forest Produce (NTFP); and rural employment generation through forestry and related activities. Public Works Department (PWD): The Public Works and Public Works (Roads) Departments are charged with the planning, survey, design, construction and maintenance of roads, bridges and buildings throughout the state as well as having various responsibilities for emergency and relief activities. PWD also provides infrastructural support for both original and repair works to all the departments directly under the Government of West Bengal as well as different semi-Government/Government undertakings etc. State Water Investigation Directorate (SWID): State Water Investigation Directorate (SWID) is the functional organ of the State Level Ground Water Resources Development Authority, for proper utilization of ground water resources through effective management, control and regulation under the Act ‘West Bengal Ground Water Resources (Management, Control & Regulation) Act, 2005. The main objective of the Act is to regulate the use of ground water in a specific and scientific manner. The SWID is involved in investigation and assessment of the ground water resources of the state and provide data and findings to the State Level Ground Water Resources Development Authority for framing appropriate policy and guidelines, so that the same may be followed for effective control and regulation of the ground water resources. The act ‘West Bengal Ground Water Resources (Management, Control & Regulation) Act, 2005 regulates the exploitation of ground water across the state including rural areas. Irrigation and Waterways Department of West Bengal: The department’s responsibilities include- providing irrigation facilities, offering reasonable protection against flood, alleviating drainage congestion, arresting erosion, maintaining internal navigation channels and up-keeping the natural waterways in the state. 15 West Bengal Public Health and Engineering Department (PHED): Main activities of PHED are related to rural and urban water supply (outside Kolkata Metropolitan Area) and water supply in the hill area. PHED is responsible for testing the quality of drinking water tube wells. About 280 laboratories (with a capacity of 3000 samples in a year) are functioning in the State to test all the public drinking water sources for Arsenic and Fluoride contamination. The contaminated sources are marked red and information is communicated to Block Development Office and the GPs. PHED also responds to natural calamities like floods and drought. Water and Sanitation Support Organization: WSSO conducts training, organizes training related activities, shares the key concept of National Rural Drinking Water Supply Program (NRDWP) guidelines with all stake holders and promotes the program at the state level. The organization facilitates active participation of PRIs in the program. Department of Fisheries: The Department has under its administrative control Directorate of Fisheries, West Bengal with its officers posted in the headquarters and districts responsible for implementing various programs and policies of the Department with the object of increasing production of fish of various species by way of exploring different methods of culture in keeping parity with the modern scientific and technological developments. West Bengal State Coastal Zone Management Authority: The authority is constituted by the MoFCC under subsections (1) and (3) of Environment (Protection) Act, 1986 in 2012 for a period of 3 years. The authority is conferred with power to take measures for protecting and improving the quality of the coastal environment and preventing, abating and controlling environmental pollution in coastal areas of the state. The authority regulates the construction activities in Coastal Regulation Zone (CRZ) of the state. Department of Sundarban Affairs: Department of Sundarban Affairs was created to give an impetus to the development efforts in the Sundarban region and Sundarban Development Board has been placed under this Department. The Department implements developmental activities through Sundarban Development Board. The department promotes social, economic and cultural advancement of people residing in the Sundarban areas of the districts of North and South 24 Parganas by coordinating development schemes and projects in the area, providing infrastructural facilities for improvement of rural communication, conservation of water resources, preservation of ecological balance, providing facilities for the development of the agriculture including minor irrigation, drainage system and allied matters. The department is working with the GPs in sundarban areas on promoting the livelihoods, providing basic services and addressing key environmental issues. West Bengal State Disaster Management Department: The aim of the West Bengal State Disaster Management Department is to establish necessary systems, structures, programs, resources, capabilities and guiding principles for reducing disaster risks and preparing for and responding to disasters and threats of disasters in the State in order to save lives and property, avoid disruption of economic activity and damage to environment and to ensure the continuity and sustainability of development. The major activities of the department includes pre-disaster preparation for relief and rehabilitation, storing of tarpaulins, clothing and other relief articles, construction of multi-purpose shelter for the community in the flood and cyclone-prone areas etc. The department actively coordinates with and involves the PRIs in disaster preparation and relief works. 3.3 Key Executive Support Agencies 3.3.1 STARPARD For ISGPP I, Society for State Training and Research on Panchayat and Rural Development (STARPARD) was the key agency entrusted with the responsibility to undertake the capacity building activities. This is 16 set up as a state level nodal training institution, registered as a Society under the PRDD, with the responsibility of human resource development and institutional strengthening of the GPs. Its primary role has been to develop specialized curriculum and course content for master trainers, and coordinate, supervise and monitor the formal course-based training conducted by the DTCs, with coordination assistance from the respective DPRDOs, in all the districts across the state. An MOU had been signed between WBSRDA and STARPARD which outlined the mutual role and responsibilities. STARPARD with its district constituents (District Training Centers) helped in implementing the capacity building component of the project which included adopting the ESMF and VGDF. ISGPP I project had supported a few (six) key positions in STARPARD: (i) Financial Management Specialist (ii) Public Infrastructure Manager, to serve as an Engineering Expert, (iii) Two Master Trainers covering specialized areas in planning, financial management with expertise in GPMS, resource mobilization, asset management, social audit; (iv) Policy and Governance Manager; and (v) Assistant Accounts and Administrative Manager. While STAPPARD was quite effective in creating a general awareness about the project and its contours, its performance effectiveness on the technical aspects including ESMF warrants a through re-visit and re-positioning. 3.3.2 B .R. Ambedkar Institute of Panchayats and Rural Development (BRAIPARD) BRAIPRD serves as the State Institute of Panchayats and Rural Development and is meant to build the capacity of all rural functionaries – PRIs, Government and Non-Government and keep them up to date with latest development in rural development and panchayat spheres. SIPRD tries to orient them to be pro poor facilitator of Human Development , to be knowledgeable on the subjects dealt with by them & to be skillful on the functions they perform so that the quantity & quality of the services provided by them increases. 3.4 Assessment of Environment and Social Management Capacity Assessment of these institutions including issues relating to inter-institutional coordination is presented below: 3.4.1 National Level Institutions The five ministries at the National Level – Panchayati Raj, Rural Development (through the Department of Rural Development and Department of Land Resources), Home Affairs (through its LWE division), Social Justice and Empowerment and Minority Affairs provide a solid institutional and enabling framework. These ministries & departments through their vision, mission and activities, schemes and programs provide for a holistic development for communities living in rural areas and also in conflict areas. The provision of CFC and SFC funds directly to GPs that supplement the Own Source Revenues (OSR), provide the GPs with a pool of funds to execute activities, works relevant to the area and needs. Various schemes of these ministries and departments implemented by the State through district and block level administrations besides directly by Gram Panchayats (GPs) ensure that communities in these areas have adequate opportunities to access basic amenities – rural roads, power supply, water supply, etc.; livelihood opportunities and skill development programs, etc. Besides social sector schemes such as pension for Old Age, disabled and widows ensure that every social sub-strata of the community is provided for. While institutions and procedures are in place, development management suffers due to the untimely and erratic fund flows from Central Finance Commission (as well as from SFC). This hampers effective planning and implementation in the GPs. 3.4.2 State Level Institutions The PRDD through its thrust areas and also through its various schemes provide a holistic and enabling framework for the functioning of PRIs, in general and GPs, in particular. It has an independent entity, WBSRDA, to shoulder responsibility to implement, coordinate and monitor the central and state level programs implemented by the PRDD, besides ensuring inter-institutional coordination. ISGPP Cell which 17 falls under the umbrella of WBSRDA is adequately equipped both on hard and software as well as human resources. The cell has a mix of public and private sector personnel with blend of male and female staff.. 3.4.3 District Level Institutions In terms of composition, Zilla Parishad through its reservation of seats for the Schedule Castes, Schedule Tribes, women, OBCs, ensure inclusion in the formal sense. Further District Training Centers (DTCs) set up in each of the districts manage the formal training courses for the GP functionaries. District Panchayat and Rural Development Officers (DPRDOs) who are also the District Training Coordinators who also function as the principals of the District Training Centre which are under the direct control of STARPARD. The DTCs report directly to the DPRDOs on the formal training support. The DPRDOs in turn report to STARPARD on the performance of DTCs and to the AEOs, ZP on the formal trainings imparted to the GPs. Further AEO of a ZP also serves as Additional District Executive Officer of WBSRDA which ensures full time overseeing of the district project coordination units of ISGPP I. ZP is not able to provide effective and full scale monitoring and mentoring support to GPs as they are under staffed and have many other activities to shoulder as well. With the result, feedback on performance at GP level is not evinced. In many instances, GPs are in dark about the ZP’s programs/ projects and resources thereof available for them. This has affected holistic planning at the GP level. 3.4.4 Block Level Institutions Block level assumes enormous significance as it is considered the basic unit of planning for most government schemes. Additionally the diverse range of line departments and their proximity to the GP level makes them most relevant institution other than the GP themselves in achievement of Program’s objectives. Block Panchayat is able to: a) Ensure inclusion -through its reservation of seats for the Schedule Castes, Schedule Tribes, women, OBCs, etc.; b) Oversee the planning process through BDO, Sub-Assistant Engineers who review works beyond the specified threshold limits9; c) Supervise infrastructure activities during construction and post construction as well; and d) Help GPs in securing land through district and state level institutions; However, assessments indicate the following gaps: i. Block level planning does not fully take into account planning done through GPs resulting in unnecessary duplication of planning efforts and activities; ii. BDO, Sabapathi, Up-Sabapathi contribute to the planning and supervision processes though their capacity too is limited due to limited exposure indicating a need for more relevant capacity building; iii. as both the Nirman Sahayak (at the GP level) and Sub-Assistant Engineer (at the Block level) have the same levels of qualifications, there exists an uneasy reporting/supervision relationship. Besides which, Sub-Assistant Engineer at the Block level too needs capacity support. Also Sub-Assistant Engineers are already pre-occupied with other works and are therefore unable to provide commensurate guidance/ support to the Nirman Sahayaks. iv. Reportedly, there are perceptions to the effect that ISGPP I Field level functionaries do not adequately inform nor consult with Block level functionaries while discharging their mentoring functions to the GPs v. Awareness relating to government schemes is not adequately disseminated by the Block level resulting in few applicants/claimants to such schemes. Sometimes, even though Block level devise 9 For Earth Works: NS-Rs 300,000, SAE-Rs 450,000; Other Public Works: NS-Rs 150,000, SAE- Rs 350,000. 18 schemes in order to utilize sanctioned funds, lack of a dissemination channel limits meaningful and full utilization of funds meant for the GPs and often these funds are returned un-utilized. 3.4.5 Gram Panchayat The following difficulties/ deficiencies are noticed at GP level: i. Uncertainty about financial resources and differential inflows – a feature noted in ISGPP I which is prevalent in all the GPs that are proposed to be covered in ISGPP II. This makes GPs difficult to prepare Integrated Annual and Perspective Plans. Implementation too becomes un-predictable. ii. Demand normally far exceeds the likely available resources rendering planning not only a big challenge but renders change in activities mid-way. iii. No user friendly software is available for the preparation of Integrated Plan and Budget. Manual operation takes lot of time and increases human error. iv. In many cases, Pradhans and Up-Pradhans, are not fully aware of their roles and responsibilities. There is a heavy dependence on the Executive Assistant, Secretary and Nirman Sahayaks for planning and implementation. v. Low levels of awareness exist about other government programs at Block and District levels. vi. Nirman Sahayak – is a key technical person at the GP level who has to shoulder full responsibility for planning and implementation of the civil works. In most cases, s/he is under equipped to manage such a large number of works at the same time. On the technical front, a lot more updating and upgrading is essential to be abreast of the latest technological developments. 3.4.6 Project/ Program Management Institution ISGPP Cell Capacity Building (CB) The CB team at ISGPP, HQ, in Kolkata comprise of 3-4 individuals who have been working in ISGPP I for quite a long time. They had earlier worked on another similar DIFID financed project- Strengthening Rural Decentralization in West Bengal. Thus the staff are well versed with the PRI system and project management interventions. While the formal training activities are taken up through STARPARD, mentoring teams deployed in each district by ISGPP shoulder responsibility for field level capacity building. The focus initially was on training the elected representatives. Subsequently, STARPARD has extended the scope to including training of GP functionaries – the executive assistants, secretaries, Nirman Sahayak and GP functionaries. It has developed around 25 training modules in Bengali for training of elected representatives and GP functionaries. A study conducted in 2015 showed that training modules are generally comprehensive and have served as good as reference materials. In light of the increased coverage as proposed under ISGPP II, capacity of the CB Team may need to be reviewed. Field Mentoring ISGPP I experience reveals that mentoring teams of the DCU were quite helpful in assisting the GPs in the preparation of Integrated Plans. However, overseeing assistance during implementation was not extended as expected. In this context, staffing at DCU level needs a careful review. Each team (4 membered thematic experts) is expected to support 23 GPs on an average. The support intensity will vary depending upon the capacity of the GPs being covered as may have to cover among others, island, LWE and tribal GPs. This would become more intense especially when Annual Plans are to be prepared as ISGP II GPs are: a) having lower capacity, necessitating more handholding, b) located in geographical areas with difficult access and spread across, and c) located in relatively remote locations within LWE districts. Communication ISGPP I’s communication outreach, newsletters and media (radio and TV) programs have enabled fair degree of awareness amongst GPs and the local communities regarding the project features in some relatively well endowed districts/ GPs. However, in general, there is relatively very low degree of 19 awareness amongst GPs that are proposed to be covered under ISGPP II. As ISGPP II would cover relatively weaker GPs – in terms of capacity and other constraining factors such as access, conflict areas-- it demands greater and special outreach efforts. Additionally, while a compendium of existing programs is available at the GP level and is exhaustive in its contents the document is sparingly used either due to low levels or awareness, literacy and hence serves little use to communities within GP. Hence it is proposed, that to enhance awareness on relevant government schemes, leaflets on each scheme with simpler text and pictorial representation should be made available to the GPs. Monitoring and Evaluation M&E Team at the state level is adequately staffed and has developed and adopted successfully appropriate systems and procedures for evincing information to enable concurrent monitoring and preparation of progress reports. However, the following areas require further improvement: • VGDI needs to be used properly to generate appropriate baseline. • Redressal of grievances • Though conflict areas no longer pose any impediment to planning and implementation of activities, additional focus during internal monitoring needs to be accorded. • Environment and Social Management Plan. ISGPP I reveals that the E&S are being viewed at a macro level after the preparation of the Integrated GP Plan. Efforts to ensure that E& S are addressed in respect of each and every activity from the beginning are essential. Compliance with the mitigation measures needs to be captured fully for every GP needs to be clearly recorded in the monitoring software. Non- compliance should be recorded as “Red flags” which can then be corrected at appropriate level – either by the District Monitoring teams or at the State level. Planning process: Lessons learnt and Impact Evaluation Studies of ISGPP I indicate that: • Planning was more efficient in ISGPP GPs in comparison to non-ISGPP GPs. • Most of the ISGPP GPs have prepared detailed integrated plans with specific Upa-Samiti wise plans in the specific format. In the non-ISGPP I GPs that, although plans are prepared, it was not comprehensive. • Discussions with community members reveal that the Project encouraged peoples’ participation in planning at the GP level and ensured that there is sufficient representation of the community members from various streams of the society and decisions on development works are made on the basis of the priorities and needs identified by the community members. • Knowing the quantum of the disbursement in advance helps the GPs to plan their projects during the annual planning process. There were no delays in the release of the project funds, nor were any difficulties in receipt of the same. • Usage of GIS would help in better adoption of VGDI and effective planning. • Supplementary Plans including that for MGNREGS should be very few. 3.5 Inter Institutional Coordination 3.5.1 Coordination with in the PRIs (Gram Panchayats and Panchayat Samitis) Coordination between the GPs and the Panchayat Samitis (PS) is relatively good, but rather restricted to formal clearances only. PS is unable to provide the apex level leadership support as one would expect. The large scale infrastructure needs (e.g. road connectivity between two GPs, bridges and culverts) and livelihood interventions which are beyond the capacity of the GPs (for example, land improvement in agricultural fields) are taken up by the PSs followed by the requests from GPs. The GP level NREGS plans are consolidated at block level and GP receives necessary clearances on the plans from PS as required. PS does monitor the implementation of GP works to a limited extent. 20 3.5.2 Coordination among the PRIs (Panchayat Samitis and Zilla Parishads) Zilla Parishads are expected to extend technical, and managerial support to PSs and GPs for successful implementation of various development programs, but the same is not happening. The interaction and coordination between PSs and ZPs is mostly in the context of State Government and Central Government funded programs execution. 3.5.3 Coordination between PRIs and Government Line Departments A number of projects/ schemes are planned and implemented by the Line Departments. Some of them are done with and many without active participation by the PRIs. This is more so in the case of tribal and/ or remote GPs. Inadequate information about the resources (and plans) available at higher levels renders planning at GP difficult and ad-hoc. 3.5.4 Coordination between the Departments Coordination exists across various Ministries and Departments as per the need. The program staff plays a key role in facilitating the same. For example, the Department of Rural Development (ISGP project unit) coordinates with the PHED Department for water quality testing and provision on piped water supply to GPs. Inter-institutional Coordination issues are listed below: • Apex level PRIs are unable to extend leadership support to the lower level PRI institutions. • Process of planning at the Block level needs to draw upon planning done by the GPs as to avoid duplication of activities and efforts; • Process of identification and selection of beneficiaries for accessing existing government schemes needs to be reviewed; • Improved awareness on existing schemes by the District and Block level would enable GPs to plan for convergence of schemes. • Capacity building of functionaries across all tiers of PRI is expected to improve support to the level below besides improving effectiveness and overall coordination 3.6 Institutional Capacities for E&S Management The study assessment indicates that degree of awareness is quite low in the new GPs about E&S aspects. On the other hand, GPs in ISGPP I exude quite high degree of awareness as well as the ESMF framework, thanks to the efforts of the Field level Mentoring Teams. However, E&S management in a GP totally rests with the Nirman Sahayak who is not only under trained but also over-burdened with too many activities. In many cases, a NS may be covering more than one GP which making it difficult to perform effectively. VGDI tool has not been put to a proper usage for want of clearer understanding of the same. ESMF provisions have not been taken due note of in respect of each and every civil works, rather, applied, to fulfil procedural requirement, after the preparation of the integrated plan. Lastly, voluntary donation of land for schemes did not have adequate documentation and raises many questions. In some cases, it is difficult to ascertain the voluntariness of the land transactions. 3.7 Key Conclusions The ESSA indicates that a clear and definite regulatory as well as institutional mandate does exist at the national, state and sub-state levels for ensuring decentralization and the social inclusiveness and capacity building of various agencies to address the social and environmental issues. It is well recognized that two key institutions hold the key to the success of the program- ISGPP Cell and GPs. The former is well equipped not only to deliver the program, but also in terms of environmental and social issues and the 21 measures to address the same. GPs, on the other hand, are eagerly waiting for participation in the program. However, the following issues emerge as significant: 1. Plurality of institutions with duplication is quite evident. Linkages among GP, PS and ZP need strengthening. Mentoring and monitoring support from apex institutions are not adequate. 2. Uncertainty and erratic fund flows seems to be a systemic problem (beyond the program control) but bound to affect the program effectiveness. 3. Planning and implementation with definite certainty under uncertain cash flow situation is rather difficult. 4. Demand far exceeds the likely available resources. So, it will be a challenge to do prioritization of investments which will be inclusive, relevant and useful to the communities as a whole. 5. Given the limited resources and uncertain flows, GPs resort to planning investments on a piecemeal basis rendering difficulties in incorporating the environmental and social aspects. 6. Capacity support and capacity building will be the focus of attention. Staff support from both PRIs as well as ISGPP Cell is inadequate. 7. Technical and institutional capacities are weak at GP level. While ISGPP I has been successful in building the latter, it falls behind expectations in respect of the former. 8. Current arrangements available for capacity building under ISGPP-I require a thorough full scale re-visit as to build adequate and appropriate technical capacity, hence the refinements planned on this in the ISGPP-II with a more needs-based and targeted approach. 9. There is a vast scope for improving measures towards addressing social and environmental issues. Adopting ESMF and VGDI require a reexamination. 10. Lands secured on voluntary basis do raise questions warranting revising the rules governing the same. 22 Section 4 – Legal and Regulatory Framework This chapter provides details on the environmental and social policies, laws, regulations as well as guidelines that are relevant to the activities supported under the ISGP II program. It also provides an assessment of the adequacy of the coverage on environmental and social aspects in the legislative and regulatory framework. 4.1 Environmental Policies, Laws and Regulations This section provides details on environmental policies, laws, regulations and guidelines (at national and state levels) that would be applicable to the activities likely to be supported under the program. The adequacy of the coverage of the legal, regulatory and policy framework is also discussed. 23 4.1.1 National Level Legal and Regulatory Framework on Environmental Aspects Table 1: Key National Level Environmental Regulations, Policies and Guidelines: Assessment of their Relevance to Program S. No Applicable Law/Regulation/Policy Objective and Provisions Relevance to the Program Acts, Rules and Regulations 1. The 73rd constitutional amendment, 1992. The 73rd constitutional amendment empowers gram sabhas / Relevant to the overall program. The Act devolves duties and functions to panchayats to take necessary steps for management of areas Panchayats in respect of 29 matters listed under them, including the protection of environment and in XIth schedule. sustainable utilization of the natural resources. The West Bengal Panchayat Act, 1973. The act lays out the duties of Gram Panchayat which Relevant to the overall program. includes – sanitation, conservancy and drainage, supply of drinking water and cleansing and disinfecting the sources of supply and storage of water, management and care of public tanks and grazing lands. In addition to this other functions the state government may assign such as – irrigation (minor irrigation and watershed development, agriculture extension, fuel and fodder, bringing wasteland under cultivation (through land improvement and soil conservation), promotion of village plantations (social forestry and farm forestry). 2. Indian Forest Act 1927. This is an act to consolidate the law relating to forests, the Applicable to the GPs located near forest transit of forest-produce and the duty leviable on timber and areas who propose to take up construction other forest-produce. According to the provisions under the activities. act: • No fresh clearing for cultivation or any other purpose shall be made in reserve forest or setting fire, kindling, or quarrying. • Breaking up land for building or quarrying of stone are not permitted in protected forests. Cutting, sawing, removal of trees from protected forests is prohibited. • Timber or other forest produce cannot be transported without due permission from authorized officer (District Forest Officer). 24 S. No Applicable Law/Regulation/Policy Objective and Provisions Relevance to the Program 3. Forest (Conservation) Act, 1980. The Act is an interface between conservation and Applicable to the GPs located near forest development. The act permits judicious and regulated use of areas who propose to take up construction forest land for non-forestry purposes. According to the act: activities near forests. Applicable to LWE • Any forest land or any portion of it should not be district – Purulia, Bankura. used for any non-forest purposes. • While the forest policy has recorded rights, concessions and privileges of the local people, activities like felling of trees or breaking up the forest floor so as to procure stones, minerals, or take up constructions, etc. is not permitted. • In the districts affected with Left Wing Extremism (Purulia and Bankura) diversion of forest land not more than 5 ha by Government Department for creation of critical public utility infrastructure is permitted. 4. Wild Life (Protection) Act 1972. This Act provides for the protection of wild animals, birds Relevant to the construction activities and plants and for matters connected there with or ancillary taken up by GPs near Wild Life or incidental thereto. Sanctuaries. 5. The Biological Diversity Act 2002. An Act to provide for conservation of biological diversity, Relevant to the overall program (capacity sustainable use of its components and fair and equitable building). sharing of the benefits. 6. Schedule Tribes and other Traditional This act recognizes and vests the forest rights and occupation Applicable to the GPs in tribal areas Forest Dwellers (Recognition of Forest in forest land in forest dwelling Scheduled Tribes and other proposing to take up common facilities Rights) act, 2006. forest dwellers who have been residing in such forests for listed in the provision of the act. generations but whose rights could not be recorded; to provide for a framework for recording the forest rights so vested and the nature of evidence required for such recognition and vesting in respect of forest land. 7. Water (Prevention and Control of An Act to provide for the prevention and control of water Relevant to the drainage works and Pollution) Act, 1974. pollution and the maintaining or restoring of wholesomeness construction activities involving disposal of water. of wastes (close to any water bodies) taken up by GPs. 8. The Noise Pollution (Regulation And An Act to regulate and control noise producing and Relevant to the construction activities Control) Rules 2000. generating sources with the objective of maintaining the taken up by GPs near residential areas and ambient air quality standards in respect of noise. silent zones and public meetings that may be organized which need public address systems. 25 S. No Applicable Law/Regulation/Policy Objective and Provisions Relevance to the Program 9. Coastal Regulation Zone Notification To ensure livelihood security to the fisher communities and Applicable to the constructions in coastal 2011, and Island Protection Zone other local communities, living in the coastal areas, to GPs. Notification 2011. conserve and protect coastal stretches, its unique environment and its marine area and to promote development through sustainable manner declared coastal stretches of the country and the and water area up to territorial water limit as Coastal Regulation Zone (CRZ). The Government of India declares the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters which are influenced by tidal action up to 500m from the High Tide Line (HTL) and the land between the Low Tide Line (LTL) and the HTL as Coastal Regulation Zone (CRZ) and imposes restrictions on the setting up and expansion of industries, operations or processes, etc., in the CRZ. 10. The Batteries (Management and According to The Batteries Rules, Applicable to all GPs using batteries as Handling) Rules, 2001. The bulk consumers should ensure safe transportation of the part of solar lighting interventions, UPS used batteries to designated collection centres or registered etc. recyclers and ensure no damage is caused to environment during storage or transportation. 11. Construction and Demolition Waste The purpose of these rules is to improve the collection, Applicable to all building construction Management Rules, 2016. segregation, recycling, treatment and disposal of activities taken up by GPs. construction and demolition waste in an environmentally sound manner. 12. The Ancient Monuments and An Act to provide for the preservation of ancient and Applicable to GPs located near protected Archaeological Sites and Remains historical monuments and archaeological sites and remains monuments and archeological sites. (Amendmnet and Validation) Act 2010. of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carvings and other like objects. According to the Act: • Activities like construction, mining, quarrying, excavating are prohibited in a radius of 100 meters from a protected monument and construction is regulated in a radius of >100-300 meters from protected monuments. Permission of the National Monuments Authority needs to be taken in case of repair/renovation in the prohibited area or construction/reconstruction/repair/renovation in the regulated area. 26 S. No Applicable Law/Regulation/Policy Objective and Provisions Relevance to the Program 13. National Disaster Management Act, 2005. An Act to provide for the effective management of disasters Applicable to all GPs. and for matters connected therewith or incidental thereto. Policies 14. National Policy on Disaster Management, One of the purposes of the policy is ensuring safe Applicable for the cyclone shelters and 2009. construction of buildings and retrofitting of selected lifeline buildings in cyclone prone areas. buildings for hazard safety. Training the artisans is another important component of the policy. 15. National Policy of Safety, Health and The policy is focused on improving safety, health and Applicable to all construction works Environment at Work Place, 2009. environment at the workplace. One of the purpose of this taken up by GPs. policy is to eliminate the incidence of work related injuries, diseases, fatalities etc. Guidelines 16. National Building Code (NBC) of India The code provides regulations for building construction by Applicable to all buildings constructed by 2005. departments, municipal administrations and public bodies. GPs. It lays down a set of minimum provisions to protect the safety of the public with regard to structural sufficiency, fire hazards and health aspects. 17. Energy Conservation Building Code ECBC sets minimum energy standards for commercial Applicable to all buildings constructed by (ECBC) under the provision of the Energy buildings having a connected load of 100kW or contract GPs. Conservation Act 2001. demand of 120 KVA and above. ECBC covers building envelope, heating, ventilation, and air conditioning system, West Bengal Energy Conservation interior and exterior lighting system, service hot water, Building Code (ECBC), 2016 electrical power system and motors. Indian Standards for Infrastructure works – Drinking Water Supply, Roads, Waste Water Discharge 18. Indian Standard for Drinking Water – The desired quality of drinking water is described in specific Relevant to the drinking water supply Specification IS 10500: 2012. parameters which should be complied with for drinking activities taken up by GPs. water supply projects. 19. Hand Book for Rural Roads by National The standards for rural roads and guidelines are described. Relevant to the road constructions. Rural Development Agency (developed by Indian Roads Congress). Rural Roads Manual developed by Indian Roads Congress 20. Standards for Discharge of Environmental Prescribed standards are available for discharge of water into Relevant to sewage or waste water Pollutants by Central Pollution Control surface water bodies, sewers, irrigation land, and discharge. Board marine/coastal areas. 27 4.1.2 State Level Legal and Regulatory Framework on Environmental Aspects Table 2: Key State Level Environmental Regulations, Policies and Guidelines: Assessment of their Relevance to Program S. No Applicable Law/Regulation/Policy Objective and Provisions Relevance to the Program Acts, Rules and Regulations 1. West Bengal Trees (Protection and According to the Act: Applicable to the construction activities Conservation in Non-Forest Areas) Act, • Felling of more than 3 trees in non-forest areas without taken up by GPs. 2006 and West Bengal Trees (Protection permission from the Forest Department and felling of and Conservation in Non-Forest Areas) any of the trees as mentioned in the schedule is not Rules, 2007. permitted without permission. The list of trees include: o Acacia catechu (Khair) o Bombax cieba (Simul) o Dalbergia sissoo (Shishu) o Diospyros melanoxylon (Kendu/Tendu) o Gmelina arborea (Gamar) o Madhuka indica (Mahua) o Michelia champaka (Champ) o Shorea robusta (Sal) o Swietenia mahogany (Mahogony) o Tectona grandis (Teak) o Mangrove trees Every person who fells a tree should undertake plantation of two trees for one tree felled in same plot of the land. 2. West Bengal Protected Forest Rules, According to the Rules: Applicable to GPs located near forests. 1956. • No person shall cut, saw, convert or remove or cause to be cut, sawed, converted or removed, any tree or timber, or collect, manufacture or remove or cause to be collected, manufactured or removed, any forest produce, in or from a forest without license or permit by a Forest Officer (DFO) • No person shall kindle or carry fire in forest • Any person living or occupying or using land in the vicinity of a forest and desirous of clearing by fire any other forest-land or grass-land nearby or in a locality from which such fire is likely to endanger the forest, shall observe the certain stipulations. In Jalapahar, Labong, cantonments protected forest in the district of Darjeeling, Falkata Cantonment Estate in 28 S. No Applicable Law/Regulation/Policy Objective and Provisions Relevance to the Program Jalpaiguri Forest Division – cutting of reserved species - Sal: Sorea Robusta, Sissue: Dalbergia Sisso and in 24 Paraganas forest division - quarrying of stone, burning of lime of charcoal, removal of any forest produce, breaking up or clearing land for cultivation for building or any other purpose is prohibited except with permission in writing from Cantonment Forest Officer or the Divisional Forest Officer (DFO). 3. West Bengal Forest-Produce Transit To regulate the transit of timber and non forest produce by Applicable to GPs located near forest Rules, 1959. land and water from and within the districts of Jalpaiguri, areas in mentioned districts. Koch Behar, Birbhum, Bankura, Burdwan, Midnapore, Malda, Darjeeling, West Dinajpur, Mushirdabad, Nadia, Hoogly, Purulia and 24 Paraganas, Calcutta and Howrah. In accordance with the rules: • No timber or other forest produce shall be moved into, from or within the districts referred to except with transit pass issued by Beat Officer with authorized by territorial Divisional Forest Officer (DFO). 4. West Bengal Inland Fisheries Act, 1984 An Act to provide for the conservation, development, Applicable to GPs with water bodies and West Bengal Fisheries Rules, 1985. propagation, protection, exploitation and disposal of inland under inland fisheries. fish and fisheries in West Bengal. As per the Act: • Activities involving discharge into any water body any industrial waste, sewerage or other polluting substance that may affect the fish health or life. • Activities involving construction of dam, barrage, bandh, barrier on a flowing river without provision for fish pass or fish-ladder as directed by District Fisheries Officer. • Any water area including embankment measuring 0.035 ha or more which is suitable for fisheries and retains water for a period of 6 months should not be used for any other purposes. • Filling up of water area including embankment or naturally or artificially depressed land or converting to solid land for the purpose of construction is prohibited 29 S. No Applicable Law/Regulation/Policy Objective and Provisions Relevance to the Program 5. West Bengal Ground Water Resources An Act to manage, control and regulate indiscriminate Applicable to all GPs planning to tube (Management, Control and Regulation), extraction of ground water in West Bengal and to provide wells and wells. Act 2005. for matters connected therewith or incidental thereto. According to the Act: • Digging of any tube well or well from which water is extracted with the help of mechanical or electrical device without permission of the District Level Ground Water Resources Development Authority (Geologist of the State Water Investigation Director, Government of West Bengal) is not allowed. 6. The Bengal Tanks Improvement Act, An Act to provide for improvement of Tanks in Bengal for Applicable to all GPs taking up activities 1939. Purposes of Irrigation. As per the Act related to improving the tanks. • Any local authority or cooperative society has an interest in derelict tank, may if authorized by the collector by an order in writing in this behalf, take possession of such tank and carry out the improvements specified. The interested local authority may apply in prescribed manner to the District Collector. Government Orders (GOs) and Guidelines 7. GO No EN/871/T-II-4/002/2008 dated According to the order: April 15, 2008, Department of • Any activity involving development of tourism Environment, Government of West infrastructure (hotels, resorts, restaurants) within 1 Bengal. km of reserve forests, wildlife sanctuaries is not allowed without permission from West Bengal Pollution Control Board. • For setting up of any commercial complex it is mandatory to obtain No Objection Certificate (NoC) from Ministry of Environment Forests and Climate Change (MoEFCC). 8. Public Health and Engineering Activities involving new drinking water supply should Applicable to all GPs planning for piped Department Schedule and Guidelines for follow testing of water quality to ensure that it is safe for water supply. Preparation of Piped Water Supply human consumption as prescribed by Public Health Schemes, 2012. Engineering Department. . 30 4.2 Social Policies, Laws and Regulations India and West Bengal have a definite and systematic legal and regulatory framework in terms of policies, directives, programs and projects for addressing social issues as related to the program. A few of them are presented below. 31 4.2.1 National Level Legal and Regulatory Framework on Social Aspects Table 3: Key National level Social Regulations: Assessment of their Relevance to Program S. No Legislation (Year) Objective (s) and Provisions Relevance to Program 1. The 73rd Amendment 1992 The 73rd Amendment 1992 added a new Part IX to the constitution titled Provides the main legal framework “The Panchayats” covering provisions from Article 243 to 243(O); and a for the state of West Bengal to new Eleventh Schedule covering 29 subjects within the functions of the implement this Program Panchayats. This amendment implements the article 40 of the DPSP which says that “State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government” and have upgraded them from non-justifiable to justifiable part of the constitution and has put constitutional obligation upon states to enact the Panchayati Raj Acts as per provisions of the Part IX. 2. The Constitution of India The Indian Constitution (Article 15) prohibits any discrimination based Relevant as the provisions under the (Articles 15,16 and 46, 338, on religion, race, caste, sex, and place of birth and also contains a clause Constitution ensure the access, equity 243M, 243 ZC, 244-, 330, 332, allowing the union and state governments to make any special provision and inclusiveness of the vulnerable 243D and 340 T for the advancement of any socially and educationally backward classes groups such as SC, STs in the of citizens or for the Scheduled Castes and Scheduled Tribes. program 65th Amendment Article 16 refers to the equality of opportunity in matters of public employment. Article 46 directs the state to promote with special care the educational and economic interests of the weaker sections of the people, particularly of the Scheduled Castes and the Scheduled Tribes and also directs the state to protect them from social injustice and all forms of exploitation. Article 338 provides for Setting up of National Commission for STs Articles 243M, 243 ZC, 244 provide for reservation of seats for the Local Self-Governments bodies Article 330 provides for Reservation of seats for SCs in the Lok Sabha is provided under, Article 332 provides for in the State Assemblies under and Articles 243D and 340T provides Reservation of seats for the Local Self- Governments bodies under. Sixty-fifth amendment constituting national commission for SC and ST 3. Scheduled Tribes and Other The Act has been framed to recognize and vest the forest rights and Relevant due to presence of ST Traditional Forest Dwellers occupation in forest land in forest dwelling STs and other traditional population dependent on such (Recognition of Forest Rights) forest dwellers who have residing in such forests for generations but resources The recognition of forest Act, 2006 whose rights could not be recorded. The Act intends to provide for a rights will help mainstreaming the framework for recording the forest rights so vested and the nature of tribals, including those in LWE areas. 32 S. No Legislation (Year) Objective (s) and Provisions Relevance to Program evidence required for such recognition and vesting in respect of forest It is expected to create enabling land. The main objective is to facilitate the overall development and environment in the Program. Many welfare of the tribal people by empowering them socially, economically LWE blocks having forest areas have and politically without any impact on their culture, habitation and been recorded issuance of pattas to tradition and in terms of their age old rights and privileges. forest dwellers under this Act. The Act provides three kinds of rights to Scheduled Tribes and Other Traditional Forest Dwellers: (i) Land Rights; (ii) Right to continue cultivating land (less than or equal to four hectares) where they have been cultivating prior to 13 December 2005; and (iii) Usufruct Rights: Provides for rights to use and/or collect a) minor forest produce (Tendu patta, herbs, medicinal plants) that has been traditionally collected, b) Grazing grounds and water bodies, c) Traditional areas of use by nomadic or pastoralist Communities. 4. Right to Information Act, 2005 Provides for setting out the practical regime of right to information for Relevant as all program related citizens to secure access to information under the control of Public information would need to be Authorities. The act sets out obligations of public authorities with respect disclosed to provision of information; requires designating of a Public Information Officer; process for any citizen to obtain information/disposal of request, etc.; provides for institutions such as Central Information Commission/State Information Commission 5. The Unlawful Activities This Act provides for banning of certain extremist organizations. Applicable to the LWE areas in the (Prevention) Act, 1967 Communist Party of India-Maoist (CPI-M), the major Left Wing state Extremist (LWE) outfit, responsible for majority of incidents of violence and killing of civilians and security forces and threatening the State of West Bengal, stands banned under this Act. 6. The Right to Fair Compensation The Act that safeguards and mitigate the adverse impacts on the affected Not relevant as under the program, and Transparency in Land persons caused due to land acquisition for the civil works under a project. The program need / will not resort to Acquisition, Rehabilitation and It is aimed to regulate land acquisition process and to lay down the process involuntary land acquisition. Not only Resettlement Act, 2013 and procedures for granting compensation for the land losers and the requirements will be minimal, it rehabilitation and resettlement for the project affected people. The does require ‘the’ piece of land and Ministry of Rural Development is the nodal agency for the Act that hence provide the flexibility in the replaces the Land acquisition Act of 1894 and applies to all projects choice of lands. Most lands will be across the States, except Jammu and Kashmir, where the appropriate those belonging to the government/ government acquires land for its use, hold and control for the public public. In very few cases, private purpose lands would be sourced through voluntary donation. 33 4.2.2 State level legal and regulatory framework on Social Aspects The program would be governed by the following State level laws and policies in respect of social aspects. Table 4: Key State Level Social Regulations: Assessment of their Relevance to Program S. No Legislation (Year) Objective (s) and Provisions Relevance to Program 1 West Bengal Panchayats West Bengal Panchayat Act 1973 was amended providing for the present Features and provisions of this Act Amendment Act 2012 local self-government structure of West Bengal — the Gram Panchayat, provides the foundation for the entire the Panchayat Samiti and the Zilla Parishad. The Act provides for Program reservation of seats for SCs, STs, OBCs, women; its main objective is to introduce democratic decentralization properly and to make the local self- government system more useful as well as to spread the various development activities of the government into the remote villages; also empowered the Panchayat to arrange and increase its own resources and income. 2. The Waste Lands requisitioning of waste lands for certain public purposes with a view to Relevant as any new infrastructure (requisitioning and better utilization; lays down the processes to requisition, evict, compensate activity may require sourcing of waste utilization) Act, 1952. etc. "waste land" means any land classified in the record-of rights published land. under the Bengal Tenancy Act, 1885, as nutan patit, puritan patit, layek patit, ghar layek patit or layek jungal and includes any land or water area which, in the opinion of the State Government, has not been adequately used For the production of crops or Fish for a continuous period exceeding two years but does not include land, Forming part of any homestead, farmhouse, burning or burial ground or any place of worship. 3. West Bengal Land Reforms It relates to land tenure consequent on the vesting of all estates and of Relevant as any new infrastructure Act, 1955 certain rights therein and also to consolidate the law relating to land reforms activity may require sourcing of land. in the state. Specifically, it defines land, places restrictions on alienation of land by scheduled Tribes. Ceiling on Holdings Consolidation of lands comprised in holdings, and Co-operative Farming Societies lays down the principles for distribution of lands; Preparation or revision of record-of- rights 4. West Bengal Scheduled provide for the identification of the Scheduled Castes and the Scheduled Relevant towards ensuring inclusion Castes & Scheduled Tribes Tribes in West Bengal and matters relating to issuance, refusal of certificate under the program. (Identification) Act, 1994 for SC, ST 5. West Bengal Backward WBMDFC was established in 1996 as per West Bengal Act XVIII of 1995, Relevant as the program would cover Classes Development and i.e. The West Bengal Minorities Development and Finance Corporation minorities in the GPs taken up under the Act, 1995. The functions of the Corporation are to ensure economic welfare Program and enable access to schemes 34 S. No Legislation (Year) Objective (s) and Provisions Relevance to Program Finance Corporation Act, of the minorities through Industrial, Commercial and Cultural activities. designed for their benefits and thereby 1995 The minority communities are Muslims, Sikh, Christian, Buddhist and ensure inclusion. parsee as per notification of Govt. of India. 6. West Bengal SC, ST An Act to establish a Scheduled Castes and Scheduled Tribes Development Relevant due to presence of SC, STs in Development & Finance and Finance Corporation in West Bengal. The functions of this Corporation several districts of the Program Area Corporation Act, 1981 shall be to undertake the task of economic welfare of the members of the SC & ST through Industrial and Commercial activities. 7. The West Bengal The function of the State Women's Commission is inter alia to see that the Relevant for the whole program Commission for Women Act, constitutional and legal rights of women are properly implemented, to 1992 review different provisions of law and recommended amendments thereto, to take up cases of violation of the provisions of the constitution and other laws relating to women with appropriate authorities look into complaints regarding deprivation of women's rights, non-implementation of laws providing protection to women, non-compliance of policy decisions or guidelines ensuring welfare and relief to women take up the matter of appropriate authorities, visit jail destitute girls home, women's institutions or other places of custody where women are kept as prisons and take up such matters with concerned authorities for remedial action as may be necessary. 8. West Bengal Commission of Provides for constitution of a State Commission for Backward Classes other Relevant due to presence of backward Backward Classes Act 1993 than the Scheduled Castes and the Scheduled Tribes classes across the state Ltd., 9. The Gorkha Territorial Provides for establishment of Gorkhaland Territorial Administration for the The Act would be relevant once the area Administration Act, 2011 region comprising the three sub-divisions – Darjeeling, Kalimpong and is covered under the Program Kurseong 11. Governmental Order No. Provides for Relevant as GO states that is applicable 527/SS/RD/CCA/W/2C- • a part of the 14th FC Commission grant to be disbursed to GPs as to the disbursement of performance 02/2015/Part I Performance Grant grant under the ISGP. dated June 20, 2016 • Submission of audited accounts. Further it will have bearing on inclusion • Maintenance of a computerized accounting system of all GPs under the ISGPP II till they • Preparation and approval of plan and budget meet the criteria listed in the GO 35 4.2.3 Adequacy of Legislative Framework on Environmental and Social Aspects Environment: As desribed in tables 1 and 2 the legislative framework provides for the following environmental management aspects pertaining to GP activities: • prevention and management of negative environmental impacts related to construction of roads, buildings etc. especially construction in ecologically sensitive areas like forests, coastal areas, archeological sites and protected monuments . • governing natural resource use and disposal of wastes which would happen as part of constructions. • governing natural resource management. • aspects concerning public safety and worker safety are integrated into infastrucutre and public amenities. • governing disaster proof constructions and energy efficiency in operation and maintenance of the buildings. Thus, the exsiting legislative framework is adequate to ensure environmental sustainability of the project interventions. However there are instances of non compliance due to lack of awareness among GP representatives and staff and lack of strong monitoring mechanism Social: The legal and regulatory framework at the National and State levels provide an adequate and appropriate enabling framework for implementing the key activities to be taken up under the program. Inclusion and accountability are well enshrined in the legal framework at different levels. National and state level legislations highlight the importance of the panchayats in respect of service delivery, provision of basic services and provide a detailed institutional framework for panchayats to effectively discharge their obligations. Acts for the SCs, STs and Other Backward Classes provide adequate provisions for these social groups in terms of inclusion in terms of representation (reservation of seats), besides other benefits under existing state and central level schemes. 36 Section 5 – Assessment of Environment Management Systems 5.1 Environmental Management Systems in the Program This section presents an overview and assessment of the existing environmental management systems in the program. 5.1.1 Overview of Environment Management System in ISGP Project For managing the environmental impacts of the investments during the phase I of ISGPP, an Environment and Social Management Framework (ESMF) was developed based on an Environment Assessment study which has identified (i) a negative list of activities that should not be funded under ISGPP (ii) activity specific key impacts and mitigation measures/guidelines for the most common GP works. During phase I, the main components of the system of environment management – negative list and mitigation measures/guidelines is scaled up to the entire state (all non ISGPP GPs) through a circular (GO – No. 1997-RD/O/DPF/1E-1/2009) and integrated into the capacity building programs of the GP staff and representatives. The existing system of environmental management under ISGPP is a 2 step process: Step 1- Screening: The Annual Action Plans (AAPs) of GPs are screened for inclusion of any activities from the ‘negative list’ which draws largely from the legal and regulatory framework. Any such activities are dropped from the plans or necessary procedures such as obtaining permits, clearances, following mitigations etc. are followed. The negative list/exclusion list (updated) is attached as Annexure 5. Step 2 – Integration of mitigation measures/guidelines: The AAPs are reviewed and the activity specific mitigation measures/guidelines are integrated into the GP works. The applicable mitigation measures/guidelines are integrated into the work estimates, contract agreements and the implementation is monitored by the GP representatives and staff. The similar system of environment management, which is further strengthened by integrating the ESSA recommendations, will be expanded to phase II as well. The existing system of environmental management is presented in the flowchart below: 37 Figure 2: Existing System of Environmental Management in ISGPP Preparation of Draft Annual Action Inputs from Gram Plans by GPs Sansad plans Environmental Review of Draft By Nirman Sahayak Annual Action Plans Support from Finance and Dropping of activities from negative list, Planning sub Committee Integration of mitigation measures GBM of GP Approval of the Plans Preparation of Estimates Vetting of estimates Integration of mitigation measures/ guidelines By Nirman Sahayak (as appropriate) into the contract agreements. Execution of works By Contractors Preparation of ESMF Reports By GPs (Finance and Planning Sub Committee) Monitoring of Works Internal External Monitoring monitoring GP staff and Representatives Annual Assessment by APA during execution. Agency Mentoring team at GP level Audit by External Agency and District Coordination team at district level. 38 • Process of environmental management in ISGPP: • Integration of mitigation measures: • The key staff responsible for environment review of the plans and integration of the mitigation measures/ guidelines into GP works is Nirman Sahayak (NS) who prepares the estimates for GP works. The guidelines are incorporated into estimates and contract agreements. • Draft plans are approved by the GP in a General Body Meeting. • Estimates approved by Sub-Assistant Engineer, Assistant Engineer or Executive Engineer (EE)/District Engineer as per vetting limit. • The project mentoring teams functioning at district level provides the hand holding support to NS for preparation of estimates as well as execution. The Engineer/Infrastructure Coordinator in the mentoring team provides necessary inputs on technical aspects. • The state level environment specialist provides overall technical guidance on mitigation measures/guidelines. • Reporting, Monitoring: • At GP level, the Finance and Planning Committee of the GP oversees the implementation of mitigation measures/guidelines. • GPs prepare implementation reports (ESMF reports) on quarterly basis and provides a section on the progress in half yearly and annual reports. • The district coordination teams and mentor teams monitor the execution of works and integration of mitigation measures/guidelines. The status is filled in online formats. • The Annual Performance Assessment (APA) captures the performance of GPs regarding compliance with the environment management system. 5.1.2 Current Status of Implementation of Environmental Management System in ISGPP The environmental management system was implemented in all 1000 ISGPP GPs across 9 project districts over a period of five and half years since 2010. The system has been effective in managing the environmental issues in the GP works as per the Annual Performance Assessments, external environment audit and impact evaluation study. The key observations on the implementation and the impact of the system are presented below: Compliance with the Process of Environment Review and Reporting: Compliance with the processes of environment management system is assessed as part of performance assessment of GPs10. As per the APA and environmental audit11, the environment management procedures such as environment review, preparation of quarterly reports etc. are followed, the actual implementation of the mitigation measures/guidelines was not up to the desired level. Implementation of Mitigation Measures: According to the observations of the environmental audit, the percentage of implementation of mitigation measures/guidelines in the GP activities varied from 9% to 95% depending on the type of activity. The extent to which the negative impacts are mitigated (from the audit sample) is as below: 10 Annual Performance Assessment (APA) of Gram Panchayats under Institutional Strengthening of Gram Panchayats Project (ISGPP) West Bengal, http://wbisgpp.gov.in/(S(jtdywy45l5cxoiyuebogfvnm))/ISGPPHtmlPages/isgpp_document_report.aspx 11 Conducting Environmental Audit in the Gram Panchayats under ISGP Project, http://wbisgpp.gov.in/(S(jtdywy45l5cxoiyuebogfvnm))/ISGPPHtmlPages/isgpp_document_report.aspx . 39 Table 7: Implementation of Mitigation Measures/Guidelines in GP Works Activity Guidelines/Mitigation measures Extent of implementation (%) Drainage construction Construction of closed drains 9.5 De-siltation of drains 49 Road construction and Properly rolled and compacted 52 repair Slope was observed 61 Construction of drains with the roads 11 Proper edging of roads 18 Construction joints 57 Tube wells for Soakpit and pucca drains 62 drinking water Toilet construction Toilets with water supply 57 Toilets with septic tanks 95 Field Observations during ESSA: Field observations during ESSA: The field observations during ESSA indicated that, the implementation is effective in majority of the ISGPP GPs due to handholding support from the ISGP project teams where as in case of non ISGPP GPs the integration is not happening except in few cases where there are staff transfers from ISGPP to non ISGPP GPs. The implementation of the mitigation measures is above 70% in the most common works mentioned below: • Drainage works – clear demarcation of start and end points of the drains, maintaining slope, regular maintenance under NREGS and SFC funds • Roads – construction joints, permission for cutting trees and re plantations • Tube wells – Platform and drains, soakpit • Toilets – Septic tanks • Buildings – Non use of asbestos • Guard walls for ponds – bamboo and tiles However, the implementation of mitigation measures/guidelines is not happening to the extent required due to the reasons such as shortage of funds, lack of technical knowhow, lack of awareness, lack of strong monitoring system, shortage of land etc. Capacity Building: According to the observations of environmental audit, the level of understanding of GP staff on the environment management is found to be low because of which the compliance with the process and integration of mitigation measures/ guidelines is affected. The additional work load of the key ground staff – NS has affected the environment management. During the consultations of ESSA it was observed that the NSs have not received any training on environment management after initial orientation, and in case of recruitments in the past 5 years the orientation also has not happened. The trainings for District Coordination Unit and the GP staff, representatives include environment management as a single session which is not adequate, hence a need to strengthen the focus on this in the training plans during ISGPP-II. Monitoring: The District Coordination Teams and mentoring teams monitor the GP works regularly for process compliance and implementation of mitigation measures/guidelines which are reported through online formats. 40 Implementation of Environment Management System in Non-ISGPP GPs: Even though, the main components of the system of environment management – negative list and mitigation measures/guidelines is scaled up to the entire state (all non ISGPP GPs) and integrated into the capacity building programs, the implementation has not happened due to the lack of handholding support from the staff. However integration has happened in instances where the staff from ISGPP GPs are transferred to non-ISGPP GPs. 5.1.3 Critical Gaps in the Environment Management System Gaps in Technology guidelines: The guidelines which are in use currently (ESMF) are not representative of state of art technologies. As the GPs implement variety of activities across different geographies of the state, the guidelines need to be updated based on the new activities coming up in the GP plans and technological developments in different sectors. Currently the mitigation measures/guidelines do not cover: • Issues related to worker and public safety during the construction • Disaster proof (cyclone resistant) constructions in flood/cyclone prone areas • Improved technologies, practices suitable for ecologically sensitive areas like Sundarbans Gaps in the Environment Review: The formats of Environment Review need to be simplified as the current formats are at a very detailed level and time consuming. Gaps in Capacity Building: The system of environment management is supported through capacity building at various levels by STARPARD. The key gaps observed in the capacity building are: • The capacity building programs for the ISGPP staff at state and district levels integrate the environment management as a single session which is not sufficient for providing adequate knowledge to the trainees on the importance of environment management, procedures and the guidelines. • The Environment Specialist (ES) in the CB team who has the responsibility of providing the technical assistance/ guidelines works independently without any handholding support from other expert departments like Public Works Department, Irrigation and Waterways Department etc. The ES has not attended any training programs since the inception which limits the ability to design/improvise the guidelines • Capacity Building modules of GP staff integrate a single session on environmental and social management aspects which is not adequate • Training needs assessment is not a frequent phenomenon at STARPARD. • Nirman Sahayaks are not capacitated enough to prepare estimates for all types of activities and as per the needs of different geographical features of the state. Even though an initial orientations are provided by STARPARD after recruitments (which has not happened for the recruitments in recent 5 years), no refresher trainings are conducted. The NS are in need of regular trainings that provide technical knowhow and update them on improved designs and technologies. There is a need for developing a handbook of NSs and SAEs with technical aspects and sample estimates. Currently a handbook is available with the NSs for MGNREGS works which covers the common works under MGNREGS but also other GP level infrastructure activities. • The Sub Assistant Engineers (SAEs) at Block Level who supports the NS does not receive any training/orientation on mitigation measures/guidelines • The training modules and materials are uniform across the state. There is a need for some geography specific modules especially for ecologically sensitive areas like Sunderbans where there are issues like sea level raise, poor drinking water quality etc. (the GP representatives from these regions expressed the need for training on new technologies like water treatment, disaster resilient constructions etc.). The GP planning process should also consider natural resource management aspects especially in ecologically sensitive areas; which needs emphasis as part of trainings. 41 Gaps in planning and Monitoring: The environment management system is supported by regular monitoring by mentoring teams at GP level and District Coordination teams at district level. The key gaps in the current monitoring system are: • The monitoring formats reports the status of environmental compliance as simple ‘Yes’ or ‘No’ while the extent of compliance and quality of compliance are not captured, however the online system is being improved to capture the extent of compliance. • The mentoring team (the infrastructure coordinator/engineer) on an average visits 10 GPs in a month and at times it may not be possible to visit all the activities in the GPs. The feedback is provided at GP level and there is no documentation available on the suggestions or the action taken • The District Coordination teams enter the feedback in the online formats (M&E forma 4 and 5). There is no feedback mechanism from state/district to GPs based on the online monitoring reports • The workload of the current staff especially in blocks and GPs where there are unfilled vacancies effects the monitoring due to additional responsibilities • Lack of technical knowhow among the NSs and workload constraints (including that of SAEs) the inclusion and implementation of the mitigation measures/guidelines • Lack of awareness among the GP representatives on importance of the mitigation measures/guidelines 5.1.4 Institutional Capacities to Address Environmental Issues While there is a well-established environmental management system is in place (with arrangements made for implementation along with designated roles and responsibilities among the staff and a monitoring system put in place), there are certain gaps identified especially related to capacities of the staff at GP level that need to be addressed. 5.2 Environmental Impacts of Proposed Investments This section discusses the potential environmental impacts of the program interventions. 5.2.1 Potential Environmental Benefits The potential environment benefits of the program could be the following: • The program investments (performance grants) on improving core civic services would result in creation of basic amenities in the GPs which would result in positive impacts on the local environment by improving the sanitation (public toilets, drains, solid waste management interventions) and addressing issues like water stagnation (drains, soak pits etc.). The investments would also result in health benefits through provision of safe drinking water, construction of toilets, solid and liquid waste management etc. Few investments in disaster prone areas may also result in public safety and protection from natural hazards (flood proof structures, cyclone shelters etc.) • The investment menu secured by a ‘negative list’ will ensure that the activities having negative impact on the environment are not funded • The capacity building of GPs would result in better understanding of the GP’s roles and responsibilities in management of natural resources, environmental conservation etc. Improved awareness on environmental laws and regulations would result in compliance leading better environmental management. • With the system of environment management, environmental sustainability of the infrastructure is ensured due to adherence to rules and regulations and mitigating the negative impacts on the surrounding environment (by integrating the mitigation measures/guidelines). There is possibility of replication of the guidelines in the non-program funded activities due to improved awareness among GP staff and GP representatives. 42 o Examples- construction of guard walls for ponds using tiles and bamboo, ban of asbestos use, re plantation of trees • Worker safety and public safety is ensured by following the compliance requirements and guidelines during constructions. o Examples - minimizing accidents and negative impacts on health during construction, safe drinking water for the community. 5.2.2 Potential Environmental Opportunities The potential opportunities could be as follows: • The program investments would help in creation of model infrastructure works through integration of environment management aspects which will serve as an example to the community (example, tube wells with platforms/soak pits, toilets with septic tanks etc.) • The program offers flexibility to take up proactive environmental activities such as solid waste management projects, public toilets etc. and has scope to improve natural resources that support livelihoods (e.g. renovation of fish ponds). • Some of the key issues faced by GP could be addressed through promotion of better natural resource management under the program (e.g. rainwater harvesting for drinking water in arsenic contaminated areas) • The system of inclusion of the compliance requirements into the contract agreements will help in ensuring the implementation and serves as an example for the contractors as well. o Expansion joints on roads, no hiring of child labor. 5.2.3 Potential Negative Impacts on the Environment The nature and scale of the activities to be taken up by the GP is considerably small and the negative impacts are expected to be minimal. The potential negative impacts of the program on the environment could be the following: • Impacts due to construction activities: poor adherence/non adherence to rules and regulations, guidelines, codes etc. may result in poor quality or non-functional infrastructure such as buildings without ventilation or safety measures, roads without drain leading to sullage problem, toilets without septic tanks contaminating the water resources etc. Non adherence to the guidelines and codes related to water and energy conservation may also result in increased operational costs over time. • Impacts related public and worker safety: non-compliance with public safety and worker safety during the construction may jeopardize health and safety of workers and public and cause inconvenience. • Impacts related to operation and maintenance of the infrastructure facilities: irregular or improper maintenance of the created facilities is likely to result in issues like water stagnation (due to lack of maintenance of drains), open disposal of wastes (lack of waste management system in the buildings) etc. The durability of the infrastructure is also reduced. 5.2.4 Gaps, Risks in the Environmental Management System and Mitigation Measures The gaps and risks that need to be addressed in the program and proposed mitigation measures are as follows: Table 8: Gaps, Risks and Mitigation Measures 43 Gaps, Risks Mitigation Measures Inadequate budget allocation of mitigation The GP plans should include adequate budget for measures/guidelines in the GP plans. mitigation measures/guidelines Lack of innovative solutions/technologies to address the The program should explore innovative technologies environmental issues: There is need for solutions for such as closed drains in the middle of the road, addressing constraints such as land shortage for drainage household level soak pits, construction of tube well at construction along the roads, platform and drain near elevation etc. tube wells, water treatment, etc. Lack of up-dating of the mitigation measures/guidelines: The mitigation measures, guidelines should be updated The existing guidelines do not include aspects on to include aspects on disaster proof constructions, cyclone/disaster resistant constructions, worker safety worker safety during constructions etc. Special etc. There is also need for special guidelines for different guidelines need to be developed for ecologically geographies in the state. sensitive areas like Sundarbans. Example, GPs in Sundarban areas face issues like drinking water shortage due to sea water intrusion where the buildings should have rain water harvesting. Complex environment review formats: The environment The formats should be simplified restricting to the basic review formats are complex and time consuming at and key information that is necessary. times discouraging the staff to conduct the environment review. Inadequate training: Inadequate training (in terms of The trainings should be strengthened both in terms of content and frequency) to the key program personnel content and frequency. The content should include like NS, mentoring team, State level Environment new technologies like water treatment, disaster Specialist etc. resilient constructions, natural resource management aspects in ecologically sensitive areas etc. Inadequate monitoring and feedback systems: Lack of The monitoring system should be improved to capture reporting on the quality aspects could restrict the the quality aspects. opportunities of taking necessary steps. Staff vacancies and additional responsibilities: Issues Staff vacancies need to be filled in and issue of like staff vacancies and additional charges may affect additional charges need to be addressed. the quality of implementation. 44 Section 6 –Social Systems Assessment 6.1 Stakeholder Analysis A stakeholder is defined as an individual or institution who/ which can impact on the program and/ or impacted by the program. Stakeholder consultations were held in Hoogly, Burdwan, South 24 Parganas, Nadia, West Medinipur, Purulia, Jalpaiguri, Siliguri and Cooch Behar districts of West Bengal to ascertain likely social issues that need to be addressed during project preparation; understand current practices in PRI system, validate findings from desk reviews, understand perceived benefits of the various interventions, awareness regarding government schemes, constraints faced, etc. Stakeholder mapping has been done at – levels: community, GP, Block, District and State. Recognizing that every community/ GP is quite unique and comprise diverse and heterogeneous sub groups each of whom have differential capacity to ‘participate’, efforts have been made to reach out to as many sub groups as possible. Views from both elected representatives as well as government officials too have been evinced to get a full picture. Key findings from these consultations are presented in the ensuing sections. 45 Table 5: Stakeholder Consultations – Issues, Concerns and Expectations Stakeholder Issues and Concerns Expectations State level ISGPP Cell • GPs in ISGPP II will be much more of a challenge as they • An appropriate staffing to be worked out are spread across in remote areas suffering from poor • Systematic awareness workshops are to be done in ISGPP II accessibility and are relatively less endowed in terms of areas. technical capacity. • Capacity Building programs need to be much more market • Like in ISGPP I, addressing the issue of fund fragmentation oriented and need based. will continue to be a major issue. • Expect GRM system to be fully operation in ISGPP II. • Need to look at staff strength. Number of GPs per • Capacity Support to supplement and complement technical mentoring team currently is quite large. If ISGPP I also capacity in the GPs is essential. • Nirman Sahayak position is critical and needs enhanced attention. needs to be monitored (which could be the case) along with • Coordination between block, district with GPs have to improve supporting ISGPP II, staff enhancement is essential. as the duplication of efforts in planning is an area of concern. • Monitoring software was revised but needs further • Look forward to suggestions on improvement of application of refinement. VGDF • GRC major concern and grievances need to go online as at present there is no record of number or type of grievances. • Awareness about the existing government schemes is very low amongst GP members, communities as well as ISGPP staff. • The above has impacted the performance of VGDI; adding more awareness vide communication methods, deploying one additional staff at DCU level would enable to tap such schemes. • Securing lands for civil works is a concern across the GPs. • Application of VGDF needs a re-look. • Nirman Sahayak’s technical capacity needs to be built such as to ensure application of the state of the art technology and the usage of gadgets. His work load is quite high and should be complemented with external technical capacity supports. • Ironically, even the Block level Engineer who is to review and approve NS’s plans is not better in terms of technical capacity. This often causes unnecessary friction. • Capacity building of relevant functionaries at Block and District levels is also equally important. 46 Stakeholder Issues and Concerns Expectations STARPARD • Lack of adequate staff hampers imparting proper training to • Need to assess the training needs afresh is essential. SC/ST/OBC/Minority and Women members at Block • Apart from a master plan, annual reviews would help in making levels. mid-course corrections. • Not equipped to impart technical trainings, especially, to • STARPARD would like to equip themselves (with ISGP Nirman Sahayaks. They have been in service since 2005 and support) in imparting training for members of SC, STs, OBC, some trainings have begun recently but has a long way to Minority, etc. go. • Exposure visits are organized by the ISGP themselves and not through STARPARD. • ISGP provides the ‘Content’ for training on ESMF and lends a supporting hand to STARPARD in conducting trainings. • STAPARD is alienated from the field and hence no feedback evinced on the effectiveness of the training programs. • Environmental issues hardly receive attention District Level District • 17 GPs per mentoring team can be a burden at times • More participation of local people in planning and Coordination particularly during plan preparation time (November to implementation process Units and Field March). • Block level Plans should be prepared on the basis of GP Plan Mentoring Teams • Need more appropriate trainings for self and also GP • ESM should be addressed compulsorily by all Govt. members. Departments, Zilla Parishad and Panchayat Samiti • Inadequate participation of the community in planning. • More use of GIS Based Planning is required. • Some GP level positions remain vacant impacting planning • More emphasis on OSR Collection and use for development of processes local area • Nirman Sahayak having dual charge, covering more than • Less No. of Supplementary Plan including MGNREGS be one GP (which is not uncommon) is a major concern. encouraged • Support from Block level gets delayed due to the busy • Awareness and involvement of Local Political Leaders in schedule of SAE Development Programs is essential • Environmental and Social Management is compulsory only • IEC and other awareness creation essential about programs on for the GPs and not for other PRI institutions and other various schemes/ projects available with higher level PRIs and government departments. government agencies. • In respect of securing lands, rules should be applied uniformly across all agencies and programs. 47 Stakeholder Issues and Concerns Expectations • One MIS system at GP level to cover all activities irrespective of different sources of funds is a must. Zilla Parishad • ISGPP staff- DCU and Mentoring—as evidenced in the first • Expect improved communication from ISGPP II and more (DPRDO – project operate independently, detached from the main coordination between ISGPP II teams and Block and District Purulia, South 24 stream. They refrain from interactions with the Block and offices. Parganas, ZPs. There is a need to improve communication and • Experience sharing amongst ISGPP I GPs and proposed GPs Jalpaiguri) establish linkages. under ISGPP II is most essential as that would help learn from • Investment portfolio is highly limited, confined to a select experiences directly from those who have implemented ISGPP I few activities with roads figuring prominently. and enable a better design for ISGPP II • Flooding is a major issue in some areas and causes lots of • Cap on activities taken up in each sector needs to be set otherwise water borne diseases in the area (Paschimi Medinipur) and only one type of activity regardless of real needs will figure. this requires attention. • Prioritization of activities need to be highly systematic so as to • Manpower and hardware support at GP is a matter of render them relevant and useful for a large section of the concern. Staffing is inadequate. Broadband connectivity is community. essential. • Water testing does not happen; expect more focus on such civic • Conflicts and unrest are no longer an issue in LWE areas as issues in ISGPP II a number of development activities have been undertaken • Expects that ISGPP provides adequate manpower – DCUs and providing employment to youth as Civic Volunteer, Home mentoring teams to implement the project (Jalpaiguri) guard schemes etc. • To increase local participation there is a need for more • Shortage of staff at Block levels and at District level too, orientation programs and intense communication outreach there are too many schemes to implement and this leads to activities. overburdening of existing staff (Jalpaiguri) • Women members need special training which may include • Rent collection from Tea estate owners is a real problem exposure visits as well. leading to reduced OSR (Jalpaiguri) Sabhadipati Adequate funds should be made available for a GP. Methods of Identifying poor and vulnerable housheolds needs to Drinking water supply and community sanitation along with be incorporated in training programs. road construction and effective drainage system require Investment portfolio should encompass skill development. focal attention. Training on sustainable management of land, water and forest. Some GPs in south 24 Parganas and North Bengal are Safe drinking water for all villages since in many areas people arsenic contaminated areas so it needs special attention depend on dug well, spring and other natural sources. Large number of families are landless and migrate to Concept of clean village needs to be promoted through SHGs, various places. So employment generation is prime need in youths and students. to combat migration. Technical support to develop sustainable management of natural Special needs of SC/ST dominated GPs, many SHG groups resources and employment creation. are formed and members need training and exposure to Technical support to guide SHG groups. initiate income generation program. 48 Stakeholder Issues and Concerns Expectations Block Level /Panchayat Samiti BDO and Arsenic contamination in entire district is a major health Technical support for addressing arsenic is essential. Sabhapathi concern (South 24 Parganas). Alternative drinking water projects in arsenic contaminated (Howrah, South Irrigation facilities are lacking; salinity in the water is a areas. 24 Parganas, major constraint. Need some innovative methods for securing lands. Paschimi Lack of adequate medical facilities as there is only one Expect more manpower at the block level so as to be able to Medinipur, hospital in the entire block Rural hospital, health centre support the Program. Siliguri, Cooch Shortage of staff as at the Block level, there are only 2 Commensurate trainings for all relevant functionaries should be Behar) engineers instead of 4 engineers and they too are not trained planned. fully. GPs expect funds to be transferred from block if it is deemed that Land sourcing is a major problem as public lands are beset such funds are likely to be better utilized by the GP in a particular with squatters and encroachers. Though encumbrance free activity then in such cases funds are transferred (e.g. tubewells, land certificates are issued, but upon site verification, these etc). lands are found to be encumbered. Agricultural development should focus on the needs of small Samiti is expected to handle larger works such as inter- and marginal farmers. village connecting roads, culverts and larger works which Technical training on pumps/ hand pumps and motor cycle otherwise found beyond the capacity of GPs. However, repairing for local youth would be highly relevant. technical capacity of the staff (in respect of education and Forest dependent communities (particularly tribals) need training) remain the same at both the levels. support on NTFP and Tassar processing and linkages with Awareness programs resulting in clear understanding on market. provision of various development schemes of central plans, Farm and domestic animals to improve livelihood for marginal, state untied fund and allocation process of those funds are small farmers and SHG members. lacking. Solar light for forest villages or remote villages. VGDI in the first project enabled better identification of backward areas within the GP and thus helped the planning process in identifying relevant activities for such places. GP Level GP Pradhan Awareness very limited even though adjacent GPs have Piped water supply is a major requirement in the area (Howrah). /Up-Pradhan been covered under ISGPP- I. Garbage disposal is a major issue for which there needs to be Nearly 5000 households were Jute mill workers who are solid waste management scheme (Howrah). now unemployed following mill’s closure (Howrah) and Drainage system in the area is completely absent and is a major look forward to income generating activities under the requirement. Also as the area adjacent to NH-6 (i.e. south side program. of GP) gets flooded due to widening to four lane of NH-6, but Roads are narrow continuously suffering from poor repair without provision of drains as had been kept earlier. (Howrah) as there is movement of heavy vehicles. Approximately Other infrastructure planned by the GP to be undertaken in the 80% of the total funds of the GP goes towards annual next few years include: piped drinking water to every household; maintenance and repair of these roads. Also some areas conversion of 100% of existing roads into all-weather roads; and within the GP require brick roads. complete sanitation system 49 Stakeholder Issues and Concerns Expectations Irregular or untimely fund transfer (sometimes at the end of Market complex is planned would help to link to adjacent trade the FY) hinder the implementation of annual plan/ 5 years centers. Besides this, plans also should be made to link some of perspective plan and subsequently implementation. the nearby areas within the GP by boat service; (Burdwan) Further lack of clarity on which funds are to be received Development of Fisheries is another area wherein GP intends to hampers the planning process. harness its existing water bodies; (Burdwan) Carrying cost of materials in remote locations of the district Maintenance of the assets created, especially, roads need to be is very high as opposed to other locations (South 24 planned for. (Burdwan) Parganas) and this should be taken due note of while Even if ISGPP II does not cover ISGPP I GPs (in terms of fiscal preparing cost estimates. support), mentoring support needs to continue (Burdwan). Need capacity building including orientation, workshops and trainings besides exposure visits to ISGPP I GPs e.g. - Jhargram block in Paschim Medinipur district and ISGPP I blocks in Bankura. Also in light of higher value works, higher level of technical support was a key expectation (Purulia). Gram Sansad • There have been many disputes in the international border • Indian and State government should discuss with Bangladesh Members areas over water schemes. Lift irrigation scheme at one government and work out an amciable arrangement to ensure village (Vijaypur) had to be stopped due to objections from easy movement and cultivation of lands. other side. During floods of 1978, the international boundary pillar shifted resulting in claims on the other side that this land belongs to Bangladesh (Nadia). • Many households have lands on other side which they now cannot cultivate. Also there is no fencing of the no-man’s land on the other side which results in their farmers coming and stealing our crops and trees. However people are required to provide identity cards and can go to farm our lands for only three-four hours and only the identity card holder can go and no other family member can go. These cause lots of problems to them in effectively cultivating lands on the other side. Habitation is clearly on the indian side. Every day at least 4000 farmers on this side need to go to the lands on other side and there are only 10 gates for letting us through. Sometimes people are required to pay bribes too. Overall 395 households have more lands (80%) in Bangladesh side while balance 20% is on this side (Nadia) • Further raw water from Darshana sugar mills in Bangladesh side are let into the river and this damages crops (Nadia) 50 Stakeholder Issues and Concerns Expectations • About 2% migrate to Kerala for masonry because they get better wages per day such as 350 to 400 rupees as compared to 176-200 rupees here (Nadia) ST/SC elected • ST /SC members are generally inarticulate and find it • ST/SC villages /hamlets need road, drinking water, housing and members difficult to express their needs easily (Hoogly) sanitary facilities, (Paschimi Medinipur) • There are issues in accessing available Bank finance • Need support to involve ST/SC communities in agriculture or available under several schemes, yet, this has not Tassor, mushroom cultivation or processing of NTFP products, happened. special care for young children and handholding support to boys and girls for formal education. (Paschimi Medinipur) • Bank have been invited to come over at least once a week • Timely payment to Job card holders under NREGA, more quota or a month to expedite processing of funds such schemes for Pension, training on eco-friendly brick making, poultry shed, for SHGs but they are short of manpower to open place to store crop or other products for SHG members, solar additional window or counters for processing such light in forest villages. (Paschimi Medinipur) schemes, besides the remoteness of the area makes them • Technical training for SC/ST youth/SHG members considering further reluctant to come over. (South 24 Parganas) the local needs /opportunity, ST villages are situated mostly in • Require provision of irrigation, agricultural and other forest/ foot hill areas so check dam or soil erosion control development projects for better livelihood option focusing measures need to be taken, (Purulia) SC/ST families in the village. (South 24 Parganas) • Require agriculture and allied activity support to improve livelihood opportunity. Women Elected In some cases women members are governed by family • Need frequent training and handholding support. Members members. • Need gender sensitization training for women members and key Lack understanding to identify vulnerable communities and leaders at the GP level. their needs. • Need thorough awareness on all government schemes Are generally considered by communities as not having • Capacity to highlight special needs of GP members and women adequate knowledge members. • Need support to develop skills to conduct Sansad planning and coordinate with GP to incorporate local needs. • more fund for drinking water, housing and toilet facilities, Expect repairing /renovation of canal systems so that they can use the canal water for irrigation round the year in dry land, • Round the year water storage in the tank for at least vegetable/horticulture cultivation, • villagers want to get training on poultry management and vaccination of birds, Employment for mason and other skilled workers to reduce migration. • Bank or subsidies loan to SHG members, training for SHG members, Increase in agricultural productivity (cash crop prod.) and income 51 Stakeholder Issues and Concerns Expectations Panchyat • Lack technical inputs in planning process to match with • Need better quality planning inputs with agricultural know-how, Secretary local resources, local needs and available schemes and • more scheme or fund to provide safe drinking water, productive special fund. assets creation for community to improve livelihood • Lands to construct roads in semi urban highly populated opportunity, Panchayat is a major constraint. • technical support base to increase agricultural inputs, more • Insufficient fund to cover all villages under drinking water number of government schemes and programs to fulfill the needs project. of villagers, • Insufficient fund and approval procedure hinder to develop • More access to government schemes and programs to be ensured big irrigation project. • Need all vacant positions in GPs to be filled in • Time to prepare progress and financial reports is very limited. • Take time to get the project completion certificate. • Take lot of time to compile progress of work, project and program wise supported by muster rolls, and measurement sheets. • Usage of toilets limited even though constructed (Purulia) due to scarcity of water • Usage of toilets nearly 75 to 85% of constructed (Jalpaiguri, Cooch Behar) Nirman Sahayak • Capacity limited at GP level and support for more complex • All project should be planned in consultation with villagers. tasks takes time as Block level SAE too is very busy. • appropriate technical support required, capacity building on new • External technical support capacity would be welcome. technology. • Non-availability of skilled labour in remote areas. • Additional funds will create more assets, timely fund transfer for • Appropriate need based technical training and also there is smooth implementation of all projects. lack of clerical support to maintain documentation of • One more staff is required to support Nirman Sahayak. different contract works. • Trainings on solid waste based management system, water • Local skill labourers migrate to other state and hence treatment plant are essential. shortage of workers in the area. • More coordination with Block and District Engineering • Difficult to create employment opportunities under departments MGNREGA because of land shortage in highly populated GPs. • Management committee formation to maintain the village level irrigation or drinking water projects. • Voluntary donation of land is the only option available as land is very scarce. Farmers (men • PRI members at GP level mainly focus on scheme based • More renovation /excavation /deepening of pond/irrigation canal and women) planning which is not holistic and inclusive. for rain water harvesting and use it for farming and water recharge, 52 Stakeholder Issues and Concerns Expectations • Allotment under NREGA is not based on local needs or • land leveling for small farmers under NREGA, control of soil annual plan of Gram Panchayat. erosion specially in hilly areas of Purulia and Paschim • Payment of wages under the NREGA work has not been Medenipur, deep tube-well for irrigation in dry season for cash regular. Many job card holders are still waiting for fund crop, share croppers or small farmers want agriculture training transfer. for better production and agricultural diversity, Involvement of vulnerable communities at GP planning • Small farmers expect engagement in other livelihood process is essential for developing integrated action plan. opportunities like duck-rearing, poultry, goat rearing and pisci- • Convergence of various departments at block and GP level culture. Landless share-croppers want access to forest and vested is essential to make project effective. land for cultivation. • There is a need for proper technical training and hand holding support to strengthen Upa-Samity. SC/ST farmers as • Option for crop diversification and opportunity for all • Mini deep tube well for irrigation of dry land cultivation, well as forest season’s cultivation. technical training to improve dry land cultivation for better dwellers • Elephant menace a big issue as it is an elephant corridor; livelihood option and to reduce migration , elephants come from Jharkhand, they damage crops but • training on NTFP processing, storage facilities and to develop compensation paid is pittance and takes lot of time to receive market linkages (Sal leaf plate, honey, Kendu and Mohua and (Paschimi Medinipur); others) in order to improve the livelihood opportunity, • Making Aadhar card basis for receiving benefits but here it • SC/ST women farmers also want to be engaged in goat rearing has not been processed and this hampers our accessing of and cattle rearing to improve income, ST farmers are traditionally loans (Purulia) involved in Tassar (raw silk) cultivation in the forest areas so • Civic volunteers (previously these youth were part of further training will help them for better production and create Maoists) help regulate traffic and contribute in many other employment opportunity, Solar light in forest areas ways. They receive Rs. 5500/- (Paschimi Medinipur); • Inclusive action plan at GP level considering local resources, • PHED coverage is only 5% this and 95% of the GP area is govt. schemes and untied fund. not covered (Paschimi Medinipur); • Evolve strategy to incorporate the needs of ST/SC or other • Land is not feasible for cultivation as it is hard rock vulnerable communities, (Purulia); fetching of water requires travel of 5 km in some • Farmer-Scientist Interaction and promotion of dry land /flood parts of the GP resistance or saline resistance cultivation to enhance food production. Women SHG • There is a need for a market place. SHGs would benefit from • Increase in the number of members involving more women in members such a market place (South 24 Parganas) SHGs. ( SC/ST) • NRLM has not been implemented in this area. SHGs have • Representation of all section of people in the SHGs. products but are unable to market. • Knowledge on drinking water schemes, road construction and • Electrification of their households should be taken up on a drainage schemes. priority by the Block under BPL schemes. (Nadia) • Annual plan needs to consider various income generating • LPG cylinders are provided at 1100 for new connection activities for SHG members. while ordinarily they would be required to pay Rs. 5500/- (Nadia) 53 Stakeholder Issues and Concerns Expectations • Awareness on skill development or employment opportunity within IAP for SHG members.(LWE districts of Purulia and Paschimi Medinipur) • Women / vulnerable group members lack knowledge on various state and national schemes • SHG and linkages with activities like mushroom, backyard poultry, kitchen garden, value added process of NTFP and locally available resources • Exposure visit and financial management training for women members. • Linkages between skill development and MGNREGA • Reduce the private loan and increase utilization of SHG fund at the village level. Landless and • There are quite a good number of households in a village • Awareness on all government schemes among landless, share Sharecroppers; who do not have their own land but are tilling others croppers and daily wage earners to create alternate livelihood Agricultural or • 100 days of work is not enough and more than 100 days of options for them. Daily Wage work is necessary to support a household. • Appropriate skill development activities (brick making, mason Laborers • Migration is quite high among these households training, technical training on pump or motor cycle repairing) • There are no records on migration. for youth. • System to register cases at GP level where people migrate to reduce their vulnerability. 54 6.2 Key Issues Key issues and expectations are summarized below: Funds • Untimely flow of funds hinders effective planning and implementation of development activi leading to frequent changes midway. • The normal practice is to allocate the available funds across the different Sansads. T fragmentation of funds results in: (i) activities being taken rather scattered and piecemeal basi a particular area (Sansad) without due attention to environmental and social considerations; and hampers taking up GP wide inter-Sansad activities. Planning • Prioritization of activities has to take place so that most urgent needs (e.g. flood centers in fl prone areas) can be taken by the appropriate level if not by the GP. • Facilitation services should be extended so as to enable widening the portfolio of activities (wh currently is quite limited) to include skill development. • Operation and maintenance arrangements including their costing should receive due cogniza while planning any investment activity. • Intensive mobilization and awareness will be required to in the ensuing program as more and m GPs are likely to be beset with lower capacity. • ISGPP I GPs expect continuance of mentoring support with or without financial support. Resource (land and staff) • Land is major constraint and at present approaches to land sourcing varies as per context. • Shortage of staff at Block levels and at District level is quite common. This results in o burdening of work on the existing staff as there are many schemes/ activities to be undertaken. Capacity • Technical capacity at GP, in general, is quite low. Block level capacities too are no better as SA possess similar qualifications and do not have adequate requisite exposure. • Awareness regarding government schemes existing at Block/ District is very low and needs to significantly enhanced. Record maintenance • Each GP needs to generate data on: i) seasonal migration; (ii) beneficiary coverage under diffe schemes; and (iii) grievances. Communication and inter-institutional coordination • Proposed GPs expect improved communication from the program and better coordination w Block and District institutions. • Proposed Program GPs’ visit to and discussions with, ISGPP I GPs would help as they can benefitted out of direct experience sharing. Monitoring and GRM related • Monitoring software needs further refinement. • GRC is a major concern and grievances need to go online as at present there is no record of num or type of grievances. 55 6.3 Social Impact Assessment ISGPP II is likely to result in the following potential positive and adverse impacts. 6.3.1 Institutional Strengthening of GPs The program would help in developing a Perspective Plan which will enable draw a vision for future. Procurement and Financial Management systems are likely to improve with improved practices being imbibed and incorporated into regular GP functioning. Planning would be more inclusive as the program would help in better identification of backward areas and vulnerable households through VGDI. Sustainability of investment would be enhanced as a result of addressing environmental and social aspects. Computerized Accounting system would be implemented and updated regularly (GPMS). Web based M&E system would be installed which will help in better tracking of the results. Meetings – General Body, Gram Sabhas would take place regularly enabling better participation, especially of women and other vulnerable sections. Book keeping is certainly going to improve considerably through systematic and continuous monitoring. Institutional strengthening might also result in the increase of OSR. 6.3.2 Service Delivery and Improved Amenities Issuance of certificates – birth, death, trade registration, income, residence, would take place faster than before. Improved amenities through small and medium scale infrastructure works – Construction/maintenance of roads, improved drinking water supply, solar power and Solar street lighting, ICDS centers, Market complexes, Solid Waste Management, Community Toilet complexes, Passenger Waiting sheds, etc. will lead to substantial social and environmental benefits to the rural communities at large, especially, to the poor and vulnerable sections. 6.3.3 Inclusion of Vulnerable sections Effective implementation of VGDI would enable: i) ensuring inclusion of vulnerable sections beyond nominal terms (as enabled by reservation of seats); ii) enable focus on provision of needy infrastructure needs in backward areas; iii) enhance access to available benefits under existing government schemes; and iv) empower women through focused skill development efforts. 6.3.4 Conflict Areas Program is likely to significantly improve the planning efforts in the LWE blocks of the four LWE districts – Bankura, Paschim Medinipur, Purulia and Birbhum districts of the state. As these districts have more funds due to additional focus laid in the centrally sponsored and state sponsored schemes, provision of and improvement to more amenities due to ISGPP is likely to further improve the rapport amongst government and communities and thereby further reduce conflicts and unrests. 6.4 Adverse Impacts/Gaps and Risks Though the Program is unlikely to result in major adverse impacts, risks of exclusion and inadequate performance could take place as summarized below: i. Exclusion of hitherto excluded groups even after undertaking of VGDI exercise. This may happen either due to the remoteness and/ or scattered inhabitations in the GPs (in LWE areas and/ or Island GPs) or for want of resources. The latter will pose a challenge in prioritizing the investments. ii. Inadequate facilitation efforts from the project in preparing the GPs could result in (as happened in ISGPP I) an investment portfolio comprising a few select interventions. iii. Inadequate and inappropriate capacity building and capacity support will affect the sustainability of investments. 56 iv. Inadequate staffing would result in poor performance lead to compromising on the Program objectives. v. Voluntary donation of lands might be questionable unless adequate measures are developed and adopted to ensure the voluntariness of the land transactions. 57 Section 7 – Assessment of Program Consistency with Core Principles of PforR In this section, ESSA results discuss the consistency of the system with the core principles listed in the World Bank’s Policy and Directive on P4R. 7.1.1 Overarching Core Principle 1 Environmental and social management procedures and processes are designed to (a) promote environmental and social sustainability in the program design; (b) avoid, minimize, or mitigate against adverse impacts; and (c) promote informed decision-making relating to a program’s environmental and social effects. The program would operate within a well laid out legal and regulatory framework. Planning Incorporates recognized elements of environmental and social assessment good practice, providing for: (a) early screening of potential effects with a provision for a negative list viz., non-permissible activities; (b) consideration of strategic, technical, and site alternatives (including the “no action” alternative); (c) explicit assessment of potential induced, cumulative, and trans-boundary impacts; (d) identification of measures to mitigate adverse environmental or social impacts that cannot be otherwise avoided or minimized; (e) clear articulation of institutional responsibilities and resources to support implementation of plans; and (f) responsiveness and accountability through stakeholder consultation, timely dissemination of program information, and responsive grievance redressal measures. Experiences of the ISGPP I have been ploughed in for drawing measures to manage the ISGPP II. Essentially, the proposed program would build on the existing Environmental and Social Management Framework (ESMF) developed earlier for ISGPP I which had outlined processes and procedures to undertake screening to identify and address environmental and social issues in various infrastructure activities and ensure that there are no adverse effects. Now, as P4R entails a shift from a ‘project’ to a ‘program’, the earlier ESMF (developed as a safeguard instrument) has been enlarged to cover the E&S system as a whole. Accordingly, the issues have been identified and actions drawn. This has enabled, especially, in ensuring inclusion and equity and conflicts. Accordingly, institutional and implementation arrangements have been developed duly supplementing and complementing the existing systems. Further, the term, ‘ESMF’ continues to be used for the following reasons: (i) the state government decided, and enforced, (vide order (No. 142/PN/O/III/2A-4/2015 dated 16/1/2015) that the ESMF developed under the ISGPP I shall be applicable to (and adopted) by all the GPs in the state, with the result ESMF forms an integral constituent of E&S system in the state; and (ii) given this, it provides a strategic advantage of a state wide applicability and familiarity with the stakeholders. Gaps Performance on addressing environmental and social aspects in the first project reveals a mixed scenario. Adherence to the provisions of ESMF is not uniformly seen. In some cases though adherence was observed, the available documentation has been quite weak. Current practice of compliance involves: first preparing a plan and subsequently try and tick the boxes under ESMF, a checklist approach. This will have to be rectified and ensure that E&S aspects are ingrained into planning each and every civil work. Levels of familiarity with procedures for E&S management are quite low. Relatively lower technical capacities at GP level further add on to poorer performance on E& S front. Actions • In order to improve performance relating to ESMF, all its provisions would need to be incorporated during the planning and implementation phase of each activity contrary to the current practice of 58 first planning activities and subsequently ensuring compliance with the ESMF which is essentially a checklist approach. This will need to be clearly highlighted in the POM, and in the related capacity building /mentoring support. • VGDI can be an effective instrument for achieving inclusion. However, at present, it has not yielded expected results as planning has not taken the base line resources and assets in its entirety. • Arrangements to ensure adequate capacity support and appropriate capacity building measures are to be made. In respect of the latter, the program will have to move beyond STARPARD and draw upon resources from the market to ensure state of the art technical capacity development. This will need to be addressed through a more needs-based planning of the CB interventions, as per the refined Program design. • All civil works should include Operation and Maintenance arrangements- technical, institutional and financial- in the designing stage. In fact, O&M should be one of the factors in assessing the choice of an activity. • Differential staffing arrangements will have to be made taking due note of the geo-physical and socio-economic setting in each district. One size fits all approach in terms of staff / deployment should be dispensed with. • Grievance and complaint handling details need to be computerized at GP level and collated at the district and state levels for effective monitoring. Furthermore the Toll Free helpline for grievance management needs to be operationalized and information on the same needs to be widely disseminated. 7.1.2 Core Principle 2 Assessment of the degree to which the Program systems avoid, minimize, and mitigate against adverse impacts on natural habitats and physical cultural resources resulting from the program. Adequate provisions are put in place through the legal and regulatory requirements to avoid, minimize, and mitigate against adverse impacts on natural habitats and physical cultural resources. There are existing laws and regulations governing the constructions in ecologically sensitive areas and natural habitats such as forest areas, coastal areas etc. Constructions in the proximity of cultural heritage sites such as protected monuments are also regulated. These provisions are made part of the negative list (which lists out the activities that cannot be supported near forests, coastal areas and protected monuments) and there is a guideline in place to address chance findings. There are well defined procedures for obtaining permission in ecologically sensitive areas such as coastal regulation zones, forest areas etc. The legal and regulatory requirements are built into the capacity building modules and the current improved monitoring system tracks the compliance with the negative list as well as mitigation measures/ guidelines. Gaps While there is no specific data/information available on mitigation of adverse impacts on natural habitats, physical and cultural resources from phase I, the field observations indicated that there are few gaps in compliance with legal and regulatory framework pertaining to natural habitats. The key reason is lack of awareness among the GP staff and representatives and shortage of time and human resource for approaching and following up with the departments for necessary permits/clearances. Actions There is a need for strengthening the capacity building on this aspects and stringent monitoring. 7.1.3 Core Principle 3 59 Assessment of the degree to which the Program Systems protect public and worker safety against the potential risks associated with (a) construction and / or operations of facilities or other operational practices developed or promoted under the program; (b) exposure to toxic chemicals, hazardous wastes, and otherwise dangerous materials; and (c) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards. Provisions are in place concerning public and worker safety as part of legal and regulatory requirements. There are regulations on use of toxic chemicals, release of harmful wastes into environment. There are guidelines and codes pertaining to construction of disaster proof buildings in areas prone to natural hazards. During phase I, some of the legal and regulatory provisions for public and worker safety are made part of negative list. Eg., non-use of harmful materials such as asbestos in constructions (which is integrated into the contract agreements as well), non-use of toxic chemicals such as hazardous pesticides etc. The guidelines are put in place for public health and safety (eg., construction of platforms near tube wells, water quality testing, septic tanks for toilets etc.) which are implemented to a major extent. Health camps and health awareness programs are part of GP functions. Gaps However the guidelines on disaster proof constructions, safety measures for workers during construction (use of helmets, gloves etc.) etc. are not part of the mitigation measures/guidelines. Actions There is need for updating of the guidelines to include disaster proof constructions and worker safety measures during construction. This needs emphasis as the current GP plans are likely to include reconstruction or rehabilitation of infrastructure in flood prone areas. 7.1.4 Core Principle 4 Land acquisition and loss of access to natural resources are managed in a way that avoids or minimizes displacement, and affected people are assisted in improving, or at least restoring, their livelihoods and living standards Key elements are: • Avoid or minimizes land acquisition and related adverse impacts; Identifies and addresses economic and social impacts caused by land acquisition or loss of access to natural resources, including those affecting people who may lack full legal rights to assets or resources they use or occupy; • Provides compensation sufficient to purchase replacement assets of equivalent value and to meet any necessary transitional expenses, paid prior to taking of land or restricting access; • Provides supplemental livelihood improvement or restoration measures if taking of land causes loss of income-generating opportunity (e.g., loss of crop production or employment); and • Restores or replaces public infrastructure and community services that may be adversely affected 60 Existing system Program investments are typically small and require little lands. It could range from 0.09 acres for an ICDS center (building, kitchen yard and toilet) to 1-2 acre for a market yard/ solid waste management center/ widening/ up-gradation of the existing roads. So, in most cases, flexibility would exist in terms of the choice of location/ sites. Given this situation, it is Box 1 - Market Complexes under ISGPP I not warranted to resort to involuntary land acquisitions. So, program may secure lands adopting one of these three measures: (i) transfer of public/ government lands; (ii) sale purchase on a negotiated price; and (iii) voluntary donations. As GPs are not endowed with sufficient funds, purchases are difficult and thus are left with only two other methods – securing vested lands and/ or seek donations. Voluntary donations under ISGPP I are certainly questionable in a good number of cases, especially, if it is emanating from a poorly endowed/ marginal farmer. This becomes clear from the fact that Marginal Farmers (land holdings less than 1 Ha) account for as high Market shed at Bhajanghat Tungi GP in Nadia district was constructed as 82% in the state (Table -6). Further, on piece of wasted land that was under unauthorized occupation of a average size of operational holding of a few petty shop owners/commercial vendors. Following GP’s application, land was registered in the name of GP and an MOU was marginal farmer in the state is just about signed between GP and these occupants. Out of the total 11 shops four 0.5 Ha (Table-7). Alienating a part of a have been rented out to these previous occupants at nominal rent of Rs. land belonging to a marginal farmer is 300/- (USD 5) per month. Similar practice was observed at Barsul II likely to affect the livelihood severely and GP in Burdwan I block, Burdwan district. may be forced to give up agriculture take up wage labor jobs on a permanent basis or resort to migration to urban areas. Or, it is likely that some arrangements are worked out to provide for extending gratuity by the GP to the donor which is quite common in rural areas. No documentations, however, are available on these aspects. Obtaining vested land requires GPs to apply to State through Block and District level Land and Revenue Offices. But, these are often encumbered or having unauthorized occupation. Alternate lands are provided in some cases wherein the existing unauthorized occupants are to be relocated. The assessment did come across some good practices in this regard (See Box 1). However, these are few and far in between and renders securing lands a challenging task. As a result, planned activities have been dropped in a number of cases. Table 6: Operational Land Holdings Classified by Size Operational land holdings classified by size State/Country Marginal (below Small (1 to 2 ha) Semi-medium (2 Medium (4 to 10) Large (10 and 0.5 ha to 1 ha) % % to 4 ha) % % above) % West Bengal 82.16 13.76 3.75 0.32 0.01 India 67.10 17.91 10.04 4.25 0.70 Source: Agriculture Census, 2010-11, Government of India Average size of these operational holding too is very low 61 Table 7: Average Size of Operational Holdings Average size of Operational holdings State/Country Marginal (below Small (1 to 2 ha) Semi-medium (2 Medium (4 to 10) Large (10 and 0.5 ha to 1 ha) % % to 4 ha) % % above) % West Bengal 0.49 1.59 2.73 4.85 31.20 India 0.39 1.42 2.71 5.76 17.38 Source: Agriculture Census, 2010-11, Government of India Gaps Key gaps are presented below: i. Approaches to securing of lands are not explicit. ii. Assessment of the voluntary donations is not possible for want of documentation. iii. No clear guidelines exist on extending gratitude and/ or resettlement/ rehabilitation or other support packages Actions Following rules shall govern securing of lands for the program: • The land in question must be free of squatters, encroachers, share cropping or other claims or encumbrances. • The facilities requiring land should not be site specific. • This should not result in any physical relocation. • This should not result in restrictions on accesses and transit. • BDO will sign off on both public and private lands. While doing so, he will ensure and certify that: (i) no one is affected adversely as a result of securing of the lands for the project’s civil works; and (ii) in addition, voluntariness is ascertained in respect of private land donations. • Voluntariness shall be ascertained by the BDO and duly documented. Under no circumstances, the land user will be subjected to any pressure, directly or indirectly, to part with the land. • The Department shall ensure that there shall be no significant adverse impacts on the livelihood of the household donating/ selling the land. Land transfers in donations / purchases will be complete, land title will be vested in the Government department/ agencies. • Provision will be made for redressal of grievances (ROG) if any. The processes and instruments are as follows: Voluntariness in the case of donations/ purchases: • Block Development Officer shall conduct enquiries as deemed necessary, to understand the land user’s ‘interest’/ ‘motive’ behind the offer to donate land for the scheme. • BDO shall also assess adverse impacts (if any) on the household of the donor/ vendor as a result of parting with the land. • A certificate to the effect that BDO is satisfied of the ‘voluntariness’ and that it will have no impact on the livelihood is essential before going ahead with the transactions. • DCU will maintain a land registry reflecting the details of land transactions and the same will also form a part of the overall progress monitoring. All the above shall be included in the POM environmental and social framework, and in the CB/mentoring support. 62 7.1.5 Core Principle 5 Due considerations is given to cultural appropriateness of, and equitable access to, program benefits giving special attention to rights and interests of Indigenous Peoples and to the needs or concerns of vulnerable groups. Key planning elements are: • Undertakes free, prior, and informed consultations if Indigenous Peoples are potentially affected (positively or negatively) to determine whether there is broad community support for the program; Ensures that Indigenous Peoples can participate in devising opportunities to benefit from exploitation of customary resources or indigenous knowledge, the latter (indigenous knowledge) to include the consent of the Indigenous Peoples. • Gives attention to groups vulnerable to hardship or disadvantage, including as relevant the poor, the disabled, women and children, the elderly, or marginalized ethnic groups. If necessary, special measures are taken to promote equitable access to program benefits. Existing System The communities in West Bengal are highly diverse and heterogeneous. Each GP will have some definite poor and vulnerable households/ section(s), extent of which will vary substantially across GPs/ districts. Some of them are: Scheduled Tribes (and Primitive Tribal Groups), Scheduled castes, OBCs, women, religious Minority groups, disabled, senior citizens and female headed households. A brief about these groups are presented below for further understanding. Primitive Tribal Groups: Among scheduled tribes, there are certain tribal communities who have declining or stagnant population, low level of literacy, pre-agricultural level of technology and are economically backward. 75 such groups in 17 States and 1 Union Territory have been identified and categorized as Primitive Tribal Groups (PTGs). Most of these groups are small in number, have not attained any significant level of social and economic progress and generally inhabit remote localities having poor infrastructure and administrative support. Therefore, they become the most vulnerable sections among the scheduled tribes and priority is required to be accorded for their protection, checking the declining trend of their population and their development. In West Bengal, three tribes i.e. Lodhas (1,08,707), Birhor (2,241) and Totos (66,627) who have been declared as PTGs. These PTGs are domiciled in Paschim Medinipur, Purulia, Jalpaiguri and Sagar Block of South 24 Parganas districts i.e. Lodhas in Paschim Medinipur and Sagar Block of South 24 Parganas, Totos in Jalpaiguri and Birhors in Purulia. Scheduled Tribes: The tribal population stands at 5,296,953 (2011 Census) amounting to 5.8 % of the total population of the State. Tribals are found predominately in as many as 10 (out of 19) districts. Darjeeling, Dakshin Dinajpur, Jalpaiguri, Purulia and Paschimi Medinipur are districts with higher proportion of the Scheduled Tribe population in the state. Santal, Oraon, Munda, Bhumij, Kora, Mahali, Lodha /Kheria, Bhutia and Malpahariya are the major tribal communities. Table 8: District wise ST Population District Total ST ST% Darjiling 1846823 397389 21.52 Jalpaiguri 3872846 731704 18.89 Koch Bihar 2819086 4654 0.17 Uttar Dinajpur 3007134 162816 5.41 Dakshin Dinajpur 1676276 275366 16.43 Maldah 3988845 313984 7.87 63 District Total ST ST% Murshidabad 7103807 91035 1.28 Birbhum 3502404 242484 6.92 Barddhaman 7717563 489447 6.34 Nadia 5167600 140700 2.72 North Twenty Four Parganas 10009781 264597 2.64 Hugli 5519145 229243 4.15 Bankura 3596674 368690 10.25 Puruliya 2930115 540652 18.45 Haora 4850029 15094 0.31 Kolkata 4496694 10684 0.24 South Twenty Four Parganas 8161961 96976 1.19 Paschim Medinipur 5913457 880015 14.88 Purba Medinipur 5095875 27952 0.55 Tribals in West Bengal have a low literacy rate at 57.2%, lower than the country literacy rate of 59%12 . Segregating it further indicates that with 68% males and 48% for females. About a third of the tribals are poor (below poverty line). Total work participation rate stands at 47.37% with males and females contributing 58.60% and 41.40% respectively. Scheduled Castes: Scheduled Castes constitute nearly 23.5% of the total population of the state. Together with Scheduled Tribes, it aggregates to 30% of the total population of the state. Districts with higher Scheduled Caste population are Koch Behar, Jalpaiguri, Uttar Dinajpur and Dakshin Dinajpu, Birbhum, Burdwan, Bankura, South 24 Parganas. 12 Source: Census, 2011 64 Table 9: District wise SC Population District Total SC SC% Darjiling 1846823 317275 17.18 Jalpaiguri 3872846 1458278 37.65 Koch Bihar 2819086 1414336 50.17 Uttar Dinajpur 3007134 807950 26.87 Dakshin Dinajpur 1676276 482754 28.80 Maldah 3988845 835430 20.94 Murshidabad 7103807 897534 12.63 Birbhum 3502404 1033140 29.50 Barddhaman 7717563 2115719 27.41 Nadia 5167600 1546917 29.93 North Twenty Four Parganas 10009781 2169084 21.67 Hugli 5519145 1344021 24.35 Bankura 3596674 1174447 32.65 Puruliya 2930115 567767 19.38 Haora 4850029 718951 14.82 Kolkata 4496694 241932 5.38 South Twenty Four Parganas 8161961 2464032 30.19 Paschim Medinipur 5913457 1128269 19.08 Purba Medinipur 5095875 745434 14.63 Overall literacy level is at 61% with males contributing 57% and females contributing 43%. In terms of urban and rural areas, literacy levels in rural areas for males is 58% and females is 43% while in urban areas it is 56% for males and 45% for females. Total work participation rate of SCs stands at 40% with males and females accounting for 74% and 26% respectively. In terms of land holdings, overwhelming majority of nearly 87% of the Scheduled Castes are having marginal land holding with an average size of 0.45 ha, implying the highly vulnerability. Table 10: Operational Land Holdings Classified by Distribution Operational land holdings Marginal, Small, Semi-Medium Medium, Large in Scheduled Castes in W Bengal and India State/Country Marginal (below Small (1 to 2 ha) Semi-medium (2 Medium (4 to 10) Large (10 and 0.5 ha to 1 ha) % % to 4 ha) % % above) % West Bengal 86.60 10.89 2.39 0.12 0.00 India 77.47 14.41 5.88 1.93 0.31 Source: Agriculture Census, 2010-11, Government of India 65 Table 11: Average Size of Operational Holdings for Scheduled Castes in West Bengal Average Size of Operational Holding for Scheduled Castes in West Bengal (Ha) State/Country Marginal Small Semi-Medium Medium Large West Bengal 0.45 1.56 2.68 4.90 - India 0.37 1.40 2.66 5.69 16.03 Source: Agriculture Census, 2010-11, Government of India Women: Females (44,467,088) comprise 49% of the total population (91,276,115) of West Bengal as per Census 2011. The Sex ratio is 950 females per 1000 males, though there is significant variation across districts with Darjeeling (970), Paschimi Medinipur (966), Hoogli (961) being much higher than Koch Behar (942), Howrah (939), Purba Medinipur (938), Uttar Dinajpur (939). In terms of literacy, female literacy in West Bengal is 71%, higher than the national average of 65%. At a country level, as per Census 2011, the workforce participation rate for females is 26% against 53% for males. Minorities: West Bengal is religiously diverse, with region wise cultural and religious specificities. Although Hindus are the predominant community, the state has a Box 2 – Population by religious large minority Muslim population. Christians, Buddhists and groups others form a minuscule part of the population. As per Census Hinduism 70.53% 2011, Hinduism is the largest religion followed by 70.53% Islam 27.01% (6,43,85,546) of the total population, while Muslim population is Christianity 0.72% 27.01% (2,46,54,825) as per 2011 census making it the largest Buddhism 0.30% minority group. Sikhism, Christianity, Buddhism and other Sikhism 0.07% religions make up the remainder. Buddhism remains a prominent Jainism 0.06% religion in the Himalayan region of the Darjeeling hills, and almost Other Religions 1.03% the entirety of West Bengal's Buddhist population are from this Atheist 0.001% region. INCLUSION/ EXCLUSION While efforts are evident on ensuring ‘inclusion’, some groups may get excluded either due to design or by default. The program recognizes exclusion in three spheres: (i) political; (ii) social; and (iii) economic. While political and social exclusions are not a serious issue in West Bengal, economic exclusion does warrant attention. Political Aspects. Inclusion on political front, in terms of elected representatives on PRIs, is quite good, better than the Indian constitutional provisions. Indian constitution provides for reservation of seats for the Scheduled Castes and the Scheduled Tribes in proportion to their share of population in the Panchayat area. Further, in West Bengal, provision for reservation of the Other Backward Castes has also been made. The constitution stipulates that not less than one third of all the seats are to be reserved for the women. In West Bengal, provision for reservation for the women has been raised to 50%. A feel of the numbers involved becomes clearer from the PRI composition of 2008-2009. Total numbers of elected Panchayat members in the state were 41,809 for GP; 8,855 for PS; and 755 for ZP. Thus there was total 51,419 number of Panchayat members in the state. Out of them, percentages of women members at the GP, PS and ZP level were 39.4, 37.9 and 40.7 respectively (reservation of women during the election was 33%, which has been raised to 50% subsequently). Corresponding figures for the SC members were 35.9, 35.4 and 34.4 respectively and those for the ST members were 8.5, 8.2 and 8.2 respectively. Also, out of all the members 26.4% were Muslims, 23.2% were general caste Hindus, 5.7% were OBCs and 0.55% were minorities other than Muslims. 66 Social Aspects. The previous project has developed and adopted an instrument, ‘Vulnerability Group Development Framework; (VGDI) towards ensuring inclusion. This framework helps in ranking each of the Wards/ Sansads, the primary electoral constituency of a GP. Ranking is done by enmeshing socio- economic status (SC, ST, Female Headed Households, Senior citizens, Religious Minorities, and Destitutes) with that of the prevailing infrastructure and develops a composite index (VGDI). This can be used for enlisting wards to be taken up on a priority basis. It may be noted that SC/ST/ RMs have a tendency to live together (in groups or in habitation) and not spread out scattered amidst other groups. Hence, targeting Sansads will help in addressing social exclusion. While the tool is quite effective, it has not yielded the desired results in the previous project due to inappropriate application. Economic Inclusion: Factors affecting economic inclusion are more generic due to inherent deficiencies in the system and rather external to the program. Major problems in this regard relate to: (i) limited resources and uncertain as well as erratic fund flows; and (ii) plethora of projects/ schemes managed by different entities and lack of proper institutional linkages. Fund Flows. Scarce, untimely and uncertain (which is quite common in the case of state/ central sources) flow of funds hinders effective planning and implementation of development activities leading to frequent changes midway. This may also lead to activities being taken rather on a piecemeal basis and scattered without due significant relevance and utility. Near absence of any kind of facilitation support, the poorer Sansads are likely to suffer the most. On the other hand, in these situations, a GP may decide to take up a few common investments like road, market which are more viable from a commercial perspective and poorer sections may not be benefitted much. Institutional Linkages. There exists a plethora of schemes – Centrally sponsored (fully or partly) and state level schemes that cover all facets of or address all needs for complete human development – infrastructure, education, medical facilities, skill development, financial inclusion, access to credit, old age, gender disparity widowhood, disability, social groups (SC, STs, Minorities), destitute besides those communities experiencing access and other constraints in LWE and border areas.13 Planning and implementation of these schemes is done either by center through state or by the state through its district and block level mechanisms. Beneficiary selection and identification mostly happens at the block level. Besides many schemes from the center, every department in the GoWB has been instructed to earmark 28.5 percent of its plan expenditures for the vulnerable groups (i.e. scheduled castes, scheduled tribes and other backward castes). In addition, the GoWB has committed itself to earmarking 15 percent of all plan expenditures for Muslims in the state. Despite these, inadequate and inappropriate institutional linakges among the PRIs and with the Line Departments affect ‘inclusion’. There are several schemes undertaken by PS and ZP as well as government departments which are planned and implemented independently with/ without full involvement of GPs. In the absence of fuller awareness about the resources available with different sources, GPs find it difficult to prepare an integrated plan and particularly in deciding on the choice of activities and reaching out to all Sansads. Moreover inter-GP activities fall under the realm of higher PRIs and GAs. Current provisions under ISGPP: ISGPP I has developed and adopted an unique tool – Vulnerability Group Development Index (VGDI) – for generating a baseline viz., current status of the infrastructural facilities in each Sansad (Ward) and use the same to prepare a Plan Gram Panchayats compile data on the existing status of four basic public services (drinking water, roads, drainage system and social infrastructure like Sishu Shiksha Kendro, AWC) in each Gram Sansad. Blending this with socio-economic data, a Sansad wise Index is prepared. However, this has not yielded the expected results as the baseline is not taken due note of in its entirety. So, efforts are now underway towards modifying the ways of using VGDI. 13 A brief about various schemes is presented in Annexure 6 67 Actions VGDI is a good tool but some adjustments are essential in using the same. Currently, socio-economic- cultural baseline is generated properly. But, the current status of the infrastructure is not captured in its entirety. So, efforts must be made for a composite weighted index needs to be developed blending both social and physical status for each Sansad. This can form a basis for further investments. Awareness about the schemes available with other PRIs and/ or government agencies is quite poor. This also reflects on poor linkages across the PRI institutions. Hence, greater emphasis on awareness generation regarding schemes, improved GP and Block coordination and support ISGP cell at state level would be required to improve efficacy of this provision in ISGPP II and enable more persons to avail benefits from these schemes. Additionally by way of these schemes ISGPP II could attempt more convergence and minimize duplication of activities. 7.1.6 Core Principle 6 Avoid exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial disputes. Key elements are: Conflict resultant risks including distributional equity and cultural sensitivities. A number of Left Wing Extremist outfits had been operating in certain remote and poorly connected pockets of the state. The CPI (Maoist) Party, is the major Left Wing Extremist outfit responsible for majority of incidents of violence and killing of civilians and security forces and has been included in the Schedule of Terrorist Organizations along with all its formations and front organizations under the Unlawful Activities (Prevention) Act, 1967. It had challenged the basic authority of governance and had compelled the State Government to resort to a control mechanism which had hampered the development of these areas substantially for a long time. This had resulted in many GPs in these LWE blocks becoming defunct and many others functioning irregularly. Owing to security concerns, members of GPs and PSs could not attend office regularly. Normal functioning of BDO Offices and Gram Panchayat offices too had been hampered. Banks did not open regularly. As Banks, Post offices, PACs remained closed frequently, Blocks & GPs faced problem managing financial flows. These created severe problems in wage payments. As a result, blocks & Gram Panchayats were apprehensive to start new schemes. The Governments (Central and state) did take the issue seriously to encounter Left Wing Extremism in a holistic manner, in the areas of security, development, ensuring rights and entitlements of local communities, improvement in governance and public perception management. With this in view, a detailed analysis of the spread and trends in respect of Left Wing Extremist violence was made and 106 districts in nine States were covered for development. In West Bengal, four districts are covered: Bankura, Purulia and Paschim (West) Medinipur and Birbhum. Key initiatives/ schemes in these districts are: i. Jungle Mahal Scheme, covering 23 blocks spread over 8,000 sq km in the districts of West Midnapore, Bankura and Purulia encompassing 4 million people, with the activity spread including food security, non-timber forest produces, employment (home guards, constables), basic health services ( mobile units and health camps), water resources development for irrigation and drinking water supplies, education (teachers training institute, schools, computer facilities), skill development programs and sports (indoor stadium and gymnastic facilities); ii. Additional Central Assistance (ACA) for Left Wing Extremism (LWE) Affected Districts and Integrated Action Plan (IAP)14: Integrated Action Plan (IAP) for Selected Tribal and Backward areas in Paschim Medininpur, Bankura and Purulia- with provision for public infrastructure and services 14 Integrated Action Plan (IAP), renamed as ‘Additional Central Assistance (ACA) for LWE affected districts 68 such as school buildings, Anganwadi Centres, Primary Health Centres, Drinking Water Supply, Village Roads, Electric lights in public places such as PHCs and schools, skill building, etc, connecting all public buildings at sub-block, block and district levels with roads, street lights, drinking water and sanitation; and residential schools; and iii. Civic Action Program (CAP): The Scheme is under implementation from 2010-11, in LWE affected areas. Under this scheme, funds are provided to the CAPFs for conducting welfare activities in their deployment areas in LWE affected States. This has proved quite successful in bridging the gap between the Security Forces and the local populace and also helpful for winning the hearts and minds of the populace. These initiatives have yielded good results and normalcy is being restored. ISGPP: Two of the three LWE districts namely Bankura and Paschim Medinipur were covered under ISGPP I. ISGPP I had been operational in 11 blocks out of the 23 blocks in the LWE areas and had no special provisions. Stakeholder interactions at various levels too indicated that disturbances or conflicts in these areas were no longer observed. ISGPP I did not experience any issues or differences. Stakeholder interactions at various levels too indicated that situation was as normal as in other areas of the state, even though these blocks and districts continued to be classified as LWE affected. Gaps No gaps specific to ‘conflicts’ are observed. Issues that are prevalent in other remote tribal areas such as poor connectivity, difficult accesses, and lower employment base etc., holds good in respect of these areas as well. Actions It is clear that conflict areas no longer pose any impediment to planning and implementation of activities. However, these areas are quite backward and would require focused and sustained attention including handholding and mentoring support to GPs. Regular internal monitoring and periodic impact evaluation studies needs to be conducted to track performance and correct mid-course actions, as appropriate. These would help ascertain if there are any qualitative differences required in terms of planning and implementation in these GPs. 69 Section 8 – Consultation and Disclosure 8.1 Consultation and Disclosure Relating to ESSA Sections below detail the consultative processes that was carried out during preparation of ESSA report, for disclosure of the ESSA to all relevant stakeholders inviting comments and suggestions for its revision as appropriate and finalization. The last section elaborates on the mechanisms for continued consultation, disclosure and Grievance redressal during implementation. 8.1.1 Consultation during Preparation of ESSA During preparation of the ESSA, the following stakeholders were consulted: i. ISGPP Project Manager and Deputy Project Manager ii. ISGPP functionaries at the state level including representatives of Capacity Building (CB) Team, Monitoring and Evaluation (M&E) Team and Communication Team iii. ISGPP Field Mentoring Teams; iv. ISGPP District Coordination Units; v. STARPARD representatives – Members Secretary, Trainers; vi. Gram Panchayat – Elected and non-elected Members; vii. District Panchayat and Rural Development Officer (DRPDOs) at South 24 Parganas, Paschimi Medinipur and Jalpaiguri districts; viii. Block Development Officers ix. Sabadipathi and Up-Sabapathi in a few different districts x. Sub-Assistant Engineers at South 24 Parganas and Paschimi Medinipur districts xi. Additional Executive Officer and Parishad Members (Siliguri Mahukuma Parishad); xii. SHG members (South 24 Parganas, Paschimi Medinipur, Purulia) Number of participants in all such visits to GPs totaled to 849 persons. Following the site visits, preliminary findings and observations were shared with ISGPP CB and M&E Teams for their reactions. These helped to firm up some of the potential recommendations that were incorporated into the draft ESSA. 8.1.2 Consultation on the Draft ESSA A consultation meeting was held with relevant stakeholders to disclose the draft ESSA report and to elicit inputs into the Environmental and Social System Assessment (ESSA) prior to its finalization. The report was shared in advance of the meeting with the participants. Process and rationale for the consultations were explained by the WB and ISGPP teams. Key points from the discussions are summarized below: Table 12: Summary of Discussion from Disclosure Workshop Summary of discussions from Disclosure Workshop Issues discussed / raised Outcome/agreement Linkages and development support Institutional Platforms will be established to ensure coordination among among the PRIs the PRIs Technical Capacity Development Program is resorting to market based strategy, of drawing resources from all over the world to cater to technical capacity development Capacity Building of all other Capacity Building Programs will be designed especially for this agencies in managing E&S issues Coastal Regulation Zone activities Instructions will be issued and training program held Usage of MP/ MLA funds Not possible as they are united funds. 70 8.2 Arrangements for Consultation, Disclosure and Grievance Redressal during Implementation Section below describes the continued process of consultation and disclosure that would be adopted by the Program during implementation stage. 8.2.1 Consultation and Disclosure Processes GPs would continue the consultations in preparation and disclosure of Upa-Samiti plans and Integrated Plans throughout the implementation phase. Such GP level meetings would continue to be attended by stakeholders from the Panchayat Samiti, BDO, Field Mentoring Teams, ISGP Cell representatives periodically. DPRDO too would contribute to the processes from time to time. Disclosure in terms of activities and expenditure would be ensured through the monthly updating of the Form 26 and 27 in the GPMS. Besides these, publication and dissemination of Annual Reports by the GPs would contribute to the proactive disclosure of details of each activity. Additionally the disclosure of all reports, studies and other Annual Performance Assessments undertaken by the Program would be done on the ISGPP- PRDD website. 8.2.2 Grievance Redressal System Grievance redressal mechanism currently is rather ad-hoc and informal. This is true of even ISGPP I GPs. Complaints are mostly verbal, nor is any documentation available on the grievances. With the result, it is difficult to reflect on the efficacy of the GR system. Following measures are suggested for strengthening the system15: • Two-tier system: A two-tier GRM system with GP being the primary and District (ZP or Collector) as the apex authority will be established for resolving the complaints. • Computerize Grievance recording: Computerizing and on-line system of recording and redressing grievances are required. Online monitoring of grievances would enable ISGPP cell to provide/lay requisite emphasis where support is needed in terms of taking up issues at Block, District or State level. • Develop a Database: Parameters in terms of the number of grievances received, nature of grievances, and number redressed in a time frame need to be captured.. Besides laying procedures in terms of documentation/ recording, a time line for responses should be put in place and disseminated across the communities. • Dissemination of Toll-Free Grievance Helpline: Inform communities in particular, besides other stakeholders about the Grievance redressal available through toll free helpline. Also increase persons manning the helpline based on a periodic review of the figures as necessary Further, roles by different actors could be as follows: • GP level: Systematic receipt and collected of grievances would need to be ensured. Even verbally received complaints would be recorded. A response or redressal time of 7-21 days would be adhered to. • District Coordination Units: These teams should collate the grievances received, classify them by nature and analyze to understand any patterns or identify areas of improvement/intervention • State level – ISGP Cell: ISGP cell at the state level should collate as part of its APAs TIMELINE Grievances will divided two categories, as per priority: ‘high’ and ‘highest’, high priority grievances will be dealt with within 15 days and highest priority will be dealt with within 7 days, the action 15 These are further detailed out in the Technical Assessment report. 71 taken will be reported to the higher level block or district GRC. If grievances are not addressed within a stipulated time period then they will automatically get flagged to a higher level grievance redressal officer e.g. grievance not resolved/acted upon at the GP level will get flagged to the Block level and then to the District level and so on. The complainant will receive regular updates via sms or through a phone call on the action taken on their grievances till it is successfully resolved. Dedicated call centre operators will take grievances and enter it in the online system. 8.2.3 New Developments While discussions are being held on this subject, Government of West Bengal (GOWB) has introduced state wide a web-enabled grievance redress management application systems (as of August 31, 20160 to be managed by PRDD. This system is to be operated as follows: (i) through toll free helpline; (ii) through websites; and (iii) written correspondences. Grievance Redress Committee (GRC) will be established at State, District and Block levels. At the GP level, there will be a Grievance Redressal Officer (GRO). Role and responsibilities of all the constituents have been drawn. Training and sensitization programs at all levels are expected to be rolled out to make this system operational. 8.2.4 Citizen Engagement. The state of West Bengal is committed to ensure engagement of citizens in the management of the program as it paves the way for (a) legitimacy in decision making; (b) amplifying effectiveness of the institutional and implementation arrangements; (c) designing of the appropriate local level interventions; (d) enhancing inclusion, reducing conflicts, and establishing common platforms for sharing of knowledge and concerns as well as justice, liberty, and dignity; (e) local-level capacity building leading to responsible and responsive citizenry; (f) better-quality outcomes; and (g) downward accountability. In effect, the project is expected to contribute to better service delivery and sustainable impacts as a result of the engagement. Keeping these purposes in mind, the project has inbuilt mechanisms for ensuring citizen engagement which are essentially drawn from two major legislations: (i) West Bengal Panchayats Act of 1973 and amended from time to time; (ii) Right to Information Act; and (iii) Mahatma Gandhi National Rural Employment Guarantee Act. The key citizen engagement elements enshrined in the project design are (a) GP/ Sansad-centered consultations with all the relevant stakeholders for initial need assessment and prioritization; (b) assessing vulnerability index for enabling inclusion; (c) sharing of all the draft plans with the stakeholders, engaging in formal as well as informal extensive discussions and deliberations, incorporating the feedback and finalize the plans; (d) continuous monitoring and regular sharing of the results; (e) annual beneficiary assessments; and (f) multilayers of grievance redressal arrangements including helplines and online applications as well as full adoption of the country’s Right to Information Act. The M&E arrangement provides for indicators reflecting on citizen engagement. 72 Section 9 – Recommendations and Action Plan 9.1 Recommendations on Environmental Aspects 9.1.1 Exclusion of New Irrigation works in Blocks containing International Waterways: The assessment warrants exclusion of new irrigation activities that are likely to have adverse impacts on trans-boundary water resources. • In the selected blocks of the districts that share the international waterways - listed in the table below, the following activities should be excluded: o Construction of new irrigation canals or construction of field channels from the existing irrigation canals which involve diverting water from any water body like rivers, rivulets canals, lakes or wetlands o Construction of any kind of barriers that obstruct the flow of water. o Drilling of tube wells for irrigation purpose District Blocks River System Malda Kaliachak II, Manikchak Ganga Mushirdabad Farakka, Samsharganj, Suti I, Ganga Suti II, Raghunathganj II, Lalgola, Bhagawangola I, Bhagawangola II, Raninagar II, Jalangi, Domkal, Nawda Jalpaiguri Sadar Teesta Darjeeling Siliguri, Kurseong Teesta, Mahananda Uttar Dinajpur Chopra Teesta river canal • Drilling of tube wells for irrigation purpose in the semi critical blocks of districts sharing international waterways/transboundary water resources with Bangladesh District Semi critical blocks Murshidabad Bharatpur-I Bharatpur-II, Burdwan, , Kandi, Khargram Mur-jiaganj Nabagram, Raninagar-I, , Sagardighi The high risks activities are added in the negative list (Annexure 5). This needs to be included in the POM, capacity building modules and monitoring system. The progress reports need to mention the compliance on regular basis. 9.1.2 Strengthening the Environment Management System With reference to the identified gaps and mitigation measures by ESSA, the environment management system needs to be strengthened. Towards this, the ESMF should be updated to include the following environmental aspects: • Clear budget allocation of mitigation measures/environmental guidelines: The GP plans should have clear allocation of budget for mitigation measures/environment guidelines. 73 • Mitigation measures/guidelines on Worker Safety, Disaster Proof Constructions, and Needs in Ecologically Sensitive Areas: The mitigation measures/ guidelines in the ESMF need to be updated to include o Worker safety measures o Guidelines on cyclone and flood resistant constructions in coastal areas etc. • Specific guidelines should be added to address concerns in ecologically sensitive areas: Geography specific guidelines are required especially for Sunderbans and dry regions like Purulia, Bankura. This should be done by the environment specialist at state level in consultation with expert institutions. • Simplifying the Environment and Social Review Formats: The Environment and Social Review formats in the POM need to be simplified restricting to the most necessary information. The State environment specialist should simplify the formats based on the experiences/feedback from Phase I. • Strengthening Capacity Building and Monitoring Plans: o Capacity Building: The training modules/materials for NSs should be strengthened by including improved designs and technologies suitable to different regions of the state. Trainings should be on regular basis with a minimum of one refresher training every year. The training should also include SAEs. The Capacity Building Unit at the State level (which anchors the environment management) also needs capacity building on technical aspects through trainings and exposure visits. A capacity building plan needs to be developed by the Capacity Building Manager in consultation with the districts. Some GPs are proactively conducting environmental awareness programs on waste management, climate change etc. IEC materials on these issues will help the GPs in conducting these programs effectively. o Monitoring: The monitoring system should be improved to capture the extent of compliance and the monitoring reports from the district teams should include qualitative information as well. An audit committee similar to that of NREGS can be formed involving GP members to monitor the works at local level. As an alternative, the social audit committees of NREGS can also be trained in monitoring the environment aspects in ISGPP as well. Table 13: List of Recommended Environmental Actions Recommended Action Responsibility Timeline Updating the negative list ISGPP Cell On annual basis Exclusion of new irrigation works in blocks containing ISGPP Cell Continuous international waterways. Updating the ESMF to include: ISGPP Cell Before commencement o Mitigation measures/ guidelines on cyclone/disaster resistant construction technologies as well as worker safety requirements o Updating the construction guidelines and mitigation measures in ecologically sensitive areas o Simplifying the Environment Review Formats o Developing the Capacity Building Plan and reference manual for NSs o Improving the monitoring system (online formats) 74 9.2 Recommendations on Social Aspects The section presents the recommendations to address the gaps identified in respect of the Program. These are presented below: 9.2.1 Land As enumerated earlier a detailed note is to be prepared on rules governing securing of lands. The same should be a part of the revised ESMF. Necessary training and communication outreach measures should also be drawn to ensure that all the stakeholders have a common understanding of the issue and actions thereof. Following rules shall govern securing of lands for the program: • The land in question must be free of squatters, encroachers, share cropping or other claims or encumbrances. • The facilities requiring land should not be site specific. • This should not result in any physical relocation. • This should not result in restrictions on accesses and transit. • Voluntariness shall be ascertained by the BDO and duly documented. Under no circumstances, the land user will be subjected to any pressure, directly or indirectly, to part with the land. • The Department shall ensure that there shall be no significant adverse impacts on the livelihood of the household donating/ selling the land. Land transfers in donations / purchases will be complete, land title will be vested in the Government department/ agencies; • Provision will be made for redressal of grievances (ROG) if any. The processes and instruments are as follows: Voluntariness in the case of donations/ purchases: • Block Development Officer shall conduct enquiries as deemed necessary, to understand the land user’s ‘interest’/ ‘motive’ behind the offer to donate land for the scheme. • BDO shall also assess adverse impacts (if any) on the household of the donor/ vendor as a result of parting with the land. • A certificate to the effect that BDO is satisfied of the ‘voluntariness’ and that it will have no impact on the livelihood is essential before going ahead with the transactions. • DCU will maintain a land registry reflecting the details of land transactions and the same will also form a part of the overall progress monitoring. 9.2.2 Inclusion Inclusion has two dimensions- inter and intra-GP. The former is not an issue as the program would cover all the GPs in the state. Intra-GP inclusion would relate to participation of all Sansads. Given that resources available will be highly limited, prioritization will necessarily have to be done both in terms of inter-Sansads as well as choice of activities. Efforts will have to be made to ensure that poorer and vulnerable Sansads do not feel excluded. Same time, certain central activities will have to be taken up which are relevant and useful for the GP as a whole. This is indeed a challenge. Towards this, following actions are recommended: (i) VGDI – ISGPP I has developed an excellent tool to analyze the baseline status and arrive at a Sansad wise vulnerability index. Unfortunately, it has not yielded the expected results as some adjustments are required in adopting the same. The baseline has not been captured in its entirety as some of the major investments made by other agencies (government departments). Further, it is required to develop a 75 composite index blending both infrastructural assets and socio-economic status. This composite index can then be used for future concurrent monitoring. (ii) Communication Outreach – ISGPP Cell through DCU should undertake a systematic and intensive outreach program in each GP and enable cull out a long list of priority items as expressed by different Sansads and the GP. Subsequently, facilitation be extended think beyond the regular ‘road/ building’ choice and arrive at a short list documenting reasons for not taking up a particular an investment activity. All investment activities necessarily be appraised taking into account post construction O&M implications. (iii) Developmental linkages – There are several schemes undertaken by PS and ZP as well as government departments which are planned and implemented independently with/ without full involvement of GPs. A fuller awareness about the resources available with different sources will help while preparing an integrated plan and particularly in deciding on the choice of activities. Moreover inter-GP activities fall under the realm of higher PRIs and GAs. So establishing the linkages in a formal sense would be of help in preparing integrated plans and in achieving convergence. A compendium of the existing potential programs/ projects for use by GP should be prepared in the form of a leaflet/ brochures to ensure fuller awareness and exert a demand. (iv) Capacity Support and Capacity Building. Technology has a direct bearing on enhancing inclusion and equity as well as in ensuring sustainable social and environmental benefits. Capacity support has two dimensions – one, supplementing/ complementing Nirman Sahayak with additional technical human resources for GP; and other, staffing at DCU. Differential staffing may be needed to cover appropriately larger and spread out GPs, especially in LWE and tribal areas. On capacity building, STARPARD has done a great job in respect of financial and institutional skills. However, same is not true in respect of technical capacity building. ISGPP II should now adopt a market based approach to imbibe state of the art technologies. Further, capacities have to be built for all the technical staff working at other levels of PRIs- PS and ZP. (v) Gender. The program does recognize the existence of gaps between males and females, though, in West Bengal, the difficulties/ deficiencies encountered by women have large commonalities with other poor and vulnerable sections such as SCs and STs. Hence gender aspects have been duly covered under the overall umbrella of ‘inclusion’ which ingrains the elements of participation as well as sharing of benefits. The program distinguishes inclusion in three spheres: (i) political; (ii) social; and (iii) economic. While political and social exclusions are not serious issues in West Bengal, economic exclusion warrants attention. On the political front, while the Indian constitution provides for 33% reservation for women, the same stands at 50% in West Bengal in all the three tiers of PRI. Social inclusion is ensured not only through reservations meant for different social sub-groups but also the adoption of Vulnerability Group Development Framework (VGDF), a tool meant to prioritize Sansads for investments. The economic inclusion, however, demands planned efforts in the following spheres. One, enabling space and opportunities for women PRI members to express themselves; Two, recognize heterogeneity among women – poor households, female headed, women with disability, SCs, STs, religious minorities etc—and ensure facilitation cum IEC intermediations for each of the groups to deliberate and express their requirements; Three, bestow a specific budgetary space for women oriented activities in the annual action plans; and Four, build capacity of all the stakeholders, in general, and women, in particular, towards accomplishing the above. All these have been ingrained in the overall program interventions. Development outcomes on the gender front will be monitored regularly and the implementation arrangements will be visited on an annual basis for drawing lessons and midcourse actions, as appropriate. 76 (v) Integrated Planning and Monitoring. Currently, plans are prepared on an integrated basis covering all likely sources of fund (accruable to GP). But, monitoring and progress reporting is rather restricted to the Bank’s steam of funding only. This should cover all the activities in a GP irrespective of the sources of fund. Else, full picture of the GP progress will not be available. 9.2.3 Conflict Areas Monitoring & Evaluation: Assessment indicates that conflict areas probably no longer pose any impediment to program activities. Apart from recognizing the difficult and poor connectivity in these areas, additional focus during internal monitoring and also subsequent impact evaluations are required. These would help ascertain if there are any qualitative differences in planning and implementation in these GPs vis-à-vis other GPs covered and plan mid-course measures, if required. 77 9.3 Program Action Plan 9.3.1 Action Plan on Environmental and Social Aspects Table 134: Environmental and Social Actions Action By Time line Completion Measurement Whom Environmental Aspects Enhancing the negative list of activities to ISGPP Before negotiations ESMF Updated incorporating include any new acts, rules, policies etc. Cell and then re-visited the supplementary list of on annual basis negative investments and Updating mitigation measures/guidelines updated technologies and especially, to include state of art technologies, guidelines. aspects on cyclone/disaster resistant construction technologies as well as worker safety requirements16; and (ii) special guidelines as necessary for ecologically sensitive areas. Strengthening the capacity building and ISGPP Before Update the current ESMF to monitoring plans Cell/ commencement include the suggested measures PRDD and on continuous and draw plans for building the basis capacities and strengthened monitoring. Social Aspects Lands. Share with GP and other relevant ISGP Before Revise the current ESMF stakeholders approach and methodology for Cell/ Negotiations including the agreed rules securing lands for civil works. PRDD governing securing lands for civil construction. Create awareness about the same across all the stakeholders and ensure its endorsement by GPs. Inclusion. ISGP Revise the current ESMF Program adopts measures related to: (i) Cell Before incorporating the suggested refining the adoption of VGDI; (ii) designing Negotiations measures enhancing inclusion and implementing outreach campaigns; (iii) and equity. ensuring developmental linkages among the PRIs; (iv) incorporating integrated and Continuous Conduct outreach programs and comprehensive planning and budgeting; and create awareness about adoption (v) capacity support and capacity building. and implementation of the revised ESMF. 16 With reference to I. National Building Code of India 2005, Bureau of Indian Standards II. Rural Roads Manual by Indian Roads Congress, 2002 III. National Disaster Management Guidelines, 2010 by National Disaster Management Authority IV. West Bengal Energy Conservation Building Code 2016 by Department of Power and Non Conventional Energy Sources V. Worker Health and Safety Management Guidelines as per Bureau of Indian Standards 78 . Conflict. ISGP Within one year of First Evaluation report Design and implement appropriate monitoring Cell commencement completed, disseminated and and evaluation approaches. follow up actions taken. Capacity Building ISGP/ Within one year of Issuance of a directive to all the Ensure ESMF adoption by all the development PRDD commencement PRIs for the adoption of revised entities- PRIs and Line Departments through ESMF. appropriate orientation programs. ISGPP II is focused primarily on strengthening the technical, financial and institutional capacity of GPs and on some small scale village level civil works to improve the basic amenities to the local communities. Hence, the interventions planned are expected to result in substantial environmental and social benefits. However, planned efforts are essential to ensure that Program interventions do result in sustainable environmental and social benefits. To enable this, the actions recommended in this chapter will be integrated into the Program Action Plan and implemented, thus, complying with the over-arching core principle: Environmental and social management procedures and processes are designed to (a) promote environmental and social sustainability in the program design; (b) avoid, minimize, or mitigate against adverse impacts; and (c) promote informed decision-making relating to a program’s environmental and social effects 79 ANNEXURES 80 Annexure 1 – List of GPs visited by Location of District within State and also by Social and Environment Characteristics Location District Block GP Old / New Social Characteristics Environment Other Remarks Characteristics South Howrah Sankhrail Manikpur New Semi-urban GP Gangetic Alluvial Zone South Howrah Domjur Mohiary II New Urban GP Gangetic Alluvial Zone South Burdwan Burdwan Belkash II Old Scheduled Tribes Gangetic Alluvial Zone South Burdwan Burdwan Barsul II Old Scheduled Tribes Gangetic Alluvial Zone East Purulia Purulia I Sonaijuri New Left Wing Extremist Undulating Red and District but not LWE Laterite Zone block East Purulia Purulia I Dimdiha New Left Wing Extremist Undulating Red and District but not LWE Laterite Zone block South East South 24 Parganas Joynagar I Sripur New High concentration of Coastal Saline Zone Minorities and Scheduled Castes South East South 24 Parganas Kakdwip Pratapadityanagar New High concentration of Coastal Saline Zone Scheduled Castes South Central Nadia Krishnaganj Matiari Banpur Old High concentration of Gangetic Alluvial GP adjacent to Minorities Zone international border to Bangladesh South Central Nadia Krishnaganj Bhajanghat Tungi Old High concentration of Gangetic Alluvial GP adjacent to Minorities Zone international border to Bangladesh South Paschimi Nayagram Chandabila New Left Wing Extremist Undulating Red and Medinipur (West area; Scheduled Tribes Laterite Zone Midnapore) South Paschimi Keshiary Nachipur New Scheduled Tribes Undulating Red and Medinipur (West Laterite Zone Midnapore) 81 Location District Block GP Old / New Social Characteristics Environment Other Remarks Characteristics South Paschimi Salboni Salboni New Left Wing Extremist Undulating Red and Medinipur (West area; Scheduled Tribes Laterite Zone Midnapore) East Purulia Balarampur Ghatbera-Kerowa New Undulating Red and Laterite Zone East Purulia Balarampur Gerua New Undulating Red and Laterite Zone North Darjeeling District level interaction only New Has second highest Northern Hill Zone (Siliguri comprising representatives from all percentage of STs in the Mahakuma Blocks and GPs state Parishad) North Jalpaiguri Mynaguri Mynaguri New District has nearly 19% Terai – Teesta Adjacent district of ST population Alluvial Zone to the only Hill District of state Darjeeling; Recently too, the district has been bifurcated into Alipurdar and Jalpaiguri North Cooch Behar Mekhlaganj Ranirhat Old Has more than 50% of Tarai Zone the population as Scheduled Castes in the district and highest concentration SC population in any district across India North Cooch Behar Matabhanga Ruidan New Has more than 50% of Tarai Zone II the population as Scheduled Castes in the district and highest concentration SC population in any district across India 82 Annexure 2 - List of Relevant Legislations SOCIAL RELATED National level i. Article 15 (4) and (5)- It empowers the State to make provisions for reservation in educational institutions ii. Article 16 (4), 335- Reservation in appointments for posts and promoting its occupation in favour of STs iii. Article 46- The Constitution of India guarantees protection from social injustice and all forms of exploitation iv. Article 243M, 243 ZC, 244- Reservation of seats for the Local Self-Governments bodies v. Articles 334, 335- Representation in elected bodies of Lok Sabha and State Assemblies vi. Article 338- Setting up of National Commission for STs Scheduled Castes vii. Article 46- The Constitution of India guarantees protection from social injustice and all forms of exploitation viii. Article 14- It guarantees equality before law and Article 15 (1)- enjoins upon the State not to discriminate against any citizen on grounds of caste ix. Art. 17- Untouchability is abolished and its practice in any form is forbidden x. Article 15 (2)- The Constitution mandates that no citizen shall, on grounds only of caste or race, be subjected to any disability and restriction xi. Article 15 (4) and (5)- It empowers the State to make provisions for reservation in educational institutions, xii. 16(4A), 16(4B) and Art. 335- reservation in appointments for posts in favour of SCs xiii. Article 330- Reservation of seats for SCs in the Lok Sabha is provided under, xiv. Article 332 in the State Assemblies under and xv. Articles 243D and 340T Reservation of seats for the Local Self-Governments bodies under. State level For Scheduled Caste and Scheduled Tribes and Backward Classes i. Constitution Scheduled Castes Order 1950 ii. Constitution Scheduled Tribes Order 1950 iii. The West Bengal SC & ST (Reservation of vacancies in Services and Posts) Act, 1976 and Rules. iv. The Constitution (sixty-fifth Amendments) Act constituting National Commission for SC& ST v. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. vi. West Bengal Scheduled Castes & Scheduled Tribes (Identification) Act, 1994 vii. West Bengal Scheduled Castes & Scheduled Tribes (Identification) Rules, 1995 viii. West Bengal Commission of Backward Classes Act 1993 ix. West Bengal Commission of Backward Classes Rules 1993 x. Prevention of Atrocities Act, 1989 xi. Prevention of Atrocities Rules, 1989 xii. Protection of Civil Rights Act, 1955 xiii. State Act on Reservation in Employment For Scheduled Castes and Scheduled Tribes, 1976 xiv. State Rules on Reservation in Employment For Scheduled Castes and Scheduled Tribes, 1976 xv. West Bengal Backward Classes Development and Finance Corporation Act, 1995 xvi. West Bengal SC, ST Development & Finance Corporation Act, 1981 xvii. Act on West Bengal Tribal Development Co-operative Corporation Ltd., 1994 xviii. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 xix. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2008 Women and Children xx. The Immoral Traffic (Prevention) Act, 1956. xxi. The Juvenile Justice (Care and Protection of Children) Act, 2000 xxii. Hindu Adoption Maintenance Act, 1956 xxiii. The Guardians and Wards Act, 1890. xxiv. The Child Labour (Prohibition and Regulation) Act, 1986. 83 xxv. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1992. xxvi. The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999. xxvii. The Dowry Prohibition Act, 1961 xxviii. The West Bengal Vagrancy Act, 1943 xxix. The West Bengal Commission for Women Act, 1992 xxx. The West Bengal Women and Children Licensing Act, 1956 xxxi. Protection of Women from Domestic Violence Act 2005 xxxii. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 xxxiii. The Prohibition of Child Marriage Act, 2006 xxxiv. The West Bengal Heritage Commission Act, 2001 Minorities i. The West Bengal Minorities Development & Finance Corporation Act, 1995. ii. The West Bengal Minorities Commission Act, 1996. ENVIRONMENT RELATED National level i. Water (Prevention and Control of Pollution) Act, 1974 ii. The Water (Prevention and Control of Pollution) Rules, 1975 iii. Central Ground Water Authority (CGWA) Guidelines iv. Forest (Conservation) Act, 1980, amended 1988 v. Forest (Conservation) Rules, 1981, amended 1992 vi. The Forest (Conservation) Rules, 2003 vii. The Biological Diversity Act, 2002 viii. Biological Diversity Rules, 2004 ix. The Insecticides Act, 1968 x. The Insecticides Rules, 1971 xi. Notification Under Section 3(1) and Section 3(2)(V) of The Environment (Protection) Act, 1986 and Rule 5(3)(D) of Environment (Protection) Rules, 1986, Declaring Coastal Stretches as Coastal Regulation Zone (CRZ) and Regulating Activities in the CRZ State Level iii. The West Bengal Prevention and Control of Water Pollution (Appellate Authority) Rules, 1985 iv. West Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005 v. West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006 vi. West Bengal Trees (Protection and Conservation in Non Forest Areas) Rules, 2007 vii. West Bengal Biological Diversity Rules, 2005 viii. West Bengal Wetland (Conservation and Use) Act, 1952 ix. West Bengal Inland Fisheries Act, 1984 x. West Bengal Inland Fisheries Rules, 1985 xi. The West Bengal Protected Forests Rules xii. Salient Features of WB Trees (Protection & Conservation in Non-Forest Area) Rules,2007 xiii. Bengal Pond Development Act, 1939 xiv. Bengal Water Hyacinth Act, 1936 xv. The West Bengal Forest-Produce Transit Rules, 1959 84 Annexure 3 - List of Scheduled Tribes, Scheduled Castes and Other Backward Castes in West Bengal List of Scheduled Tribes 1. Asur 21. Korwa 2. Baiga 22. Lepcha 3. Bedia, Bediya 23. Lodha, Kheria, Kharia 4. Bhumij 24. Lohara, Lohra 5. Bhutia, sherpa, toto, dukpa, kagatay, tibetan, yolmo 25. Magh 6. Birhor 26. Mahali 7. Birjia 27. Mahli 8. Chakma 28. Mal pahariya 9. Chero 29. Mech 10. Chik baraik 30. Mru 11. Garo 31. Munda 12. Gond 32. Nagesia 13. Gorait 33. Oraon 14. Hajang 34. Parhaiya 15. Ho 35. Rabha 16. Karmali 36. Santal 17. Kharwar 37. Sauria paharia 18. Khond 38. Savar 19. Kisan 39. Limbu 20. Kora 40. Tamang Source: http://www.anagrasarkalyan.gov.in/, Backward Classes Department, Government of West Bengal 85 List of Scheduled Castes 1. Bagdi, Duley 31. Kaur 2. Bahelia 32. Keot, Keyot 3. Baiti 33. Khaira 4. Bantar 34. Khatik 5. Bauri 35. Koch 6. Beldar 36. Konai 7. Bhogta 37. Konwar 8. Bhuimali 38. Kotal 9. Bhuiya 39. Kurariar 10. Bind 40. Lalbegi 11. Chamar, Charmakar, Mochi, Muchi, Rabids, Ruidas, Rishi 41. Lohar 12. Chaupal 42. Mahar 13. Dabgar 43. Mal 14. Damai (Nepali) 44. Mallah 15. Dhoba, Dhobi 45. Musahar 16. Doai 46. Namasudra 17. Dom, Dhangad 47. Nat 18. Dosadh, Dusadh, Dhari, Dharhi 48. Nuniya 19. Ghasi 49. Pailya 20. Gonrhi 50. Pan, Sawasi 21. Halalkhor 50. Pasi 22. Hari, Mehtar, Methor, Bhangi, Balmiki 52. Patni 23. Jalia kaibartta 53. Pod, Poundra 24. Jhala malo, Malo 54. Rajbanshi 25. Kadar 55. Rajwar 26. Kami (Nepali) 56. Sarki (Nepali) 27. Kandra 57. Sunri (excluding Saha) 28. Kanjar 58. Tiyar 29. Kaora 59. Turi Chain *[(in malda, 30. Karenga, Koranga 60. murshidabad, nadia and dakshin dinajpur districts)] * Deleted vide the Constitution (Scheduled Castes) Order (Amendment) Act, 2016 dated 9th May, 2016, New Delhi (The Gazette of India) Source: http://www.anagrasarkalyan.gov.in/, Backward Classes Department, Government of West Bengal 86 List of Other Backward Castes 1. Kapali 41. Thami 2. Baishya Kapali 42. Jogi 3. Kurmi 43. Dhimal 4. Sutradhar 44. Hawari* 5. Karmakar 45. Bhar 6. Kumbhakar, Kumar 46. Khandait 7. Swarnakar 47. Gangot 8. Teli, Kolu 48. Turha 9. Napit 49. Dhunia* 10. Yogi, Nath 50. Patidar* Goala, Gope 11. (Pallav Gope, Ballav Gope, Yadav Gope, Gope, 51. Kasai* Ahir and Yadav) 12. Moira (Halwai), Modak (Halwai) 52. Hele / Halia / Chasi-Kaibartta 13. Barujibi, Barui 53. Bansi-Barman 14. Satchasi 54. Nashya-Sekh* 15. Malakar 55. Pahadia-Muslim* 16. Jolah (Ansari-Momin)* 56. Khen 17. Kansari 57. Sukli 18. Tanti, Tantubaya 58. Sunuwar 19. Dhanuk 59. Bharbhuja 20. Shankakar 60. Dewan 21. Keori/Koiri 61. Rai (including Chamling) 22. Raju 62. Rayeen / Kunjra* 23. Nagar 63. Shershabadia* 24. Karani 64. Devanga 25. Sarak 65. Hajjam (Muslim)* 26. Tamboli/Tamali 66. Chowduli (Muslim)* 27. Kosta/Kostha 67. Chasatti (Chasa) 28. Roniwar 68. Beldar Muslim* 29. Christians converted from Scheduled Castes 69. Khotta Muslim* 30. Lakhera/Laahera 70. Muslim Sardar* 31. Fakir/Sain* 71. Nikari (Muslim)* 32. Kahar 72. Mahaldar (Muslim)* 33. Betkar (Bentkar) 73. Dhukre (Muslim)* 34. Chitrakar 74. Basni / Bosni (Muslim)* 35. Bhujel 75. Abdal (Muslim)* 36. Newar 76. Kan (Muslim)* 37. Mangar 77. Tutia (Muslim)* 38. Nembang 78. Gayen (Muslim)* 39. Sampang 79. Bhatia Muslim* 87 40. Bungchheng 80. Midde* 81. Mallick* 122 Churihar* 82. Muslim Kalander* 123 Daptari (Muslim)* 83. Muslim Laskar* 124 Dewan (Muslim)* 84. Baidya Muslim* 125 Dhabak (Muslim)* 85. Muslim Jamadar* 126 Gazi (Muslim), Par (Muslim)* 86. Muslim Chutor Mistri* 127 Khan (Muslim)* 87. Muslim Dafadar* 128 Sadhukhan (Muslim)* 88. Mal Muslim* 129 Majhi 89. Majhi / Patni Muslim* 130 Malita/Malitha/Malitya (Muslim)* 90. Muchi / Chamar Muslim* 131 Mistri (Muslim)* 91. Muslim Nehariya* 132 Paik (Muslim)* 92. Muslim Haldar* 133 Pailan (Muslim)* 93. Siuli (Muslim)* 134 Purkait (Muslim)* 94. Muslim Mandal* 135 Sana (Muslim)* 95. Muslim Sanpui/Sapui* 136 Sareng (Muslim)* # Omitted (Notification No. 762-BCW/MR-116/12 96. Muslim Biswas* 137 dated 01-03-2013) 97. Muslim Mali, Faraji (Muslim)* 138 Sarkar (Muslim)* 98. Ghosi (Muslim)* 139 Shah (Shah/Sahaji)* 99. Muslim Darji / Ostagar / Idrishi* 140 Tarafdar (Muslim)* 100. Muslim Rajmistri* 141 Gavara 101. Muslim Bhatiyara* 142 Mouli (Muslim)* 102. Muslim Molla* 143 Sepai (Muslim)* 103. Dhali (Muslim)* 144 Sekh/Seikh* 104. Tal-Pakha Benia* 145 Bayen (Muslim)* 105. Muslim Piyada* 146 Bhuiya/Bhunya (Muslim)* 106. Muslim Barujibi / Barui* 147 Borah / Bara / Bora (Muslim)* 107. Bepari / Byapari Muslim* 148 Gorey (Muslim)* 108. Muslim Penchi* 149 Hati (Muslim)* 109 Bhangi (Muslim)* 150 Jatuya (Muslim)* 110 Dhatri/Dai/Dhaity (Muslim)* 151 Khondekar/Khonkar (Muslim)* 111 Gharami (Muslim)* 152 Pahar (Muslim)* 112 Ghorkhan* 153 Raptan (Muslim)* 113 Goldar/Golder (Muslim)* 154 Baradi (Muslim)* 114 Halsana (Muslim)* 155 Dalal (Muslim)* 115 Kayal (Muslim)* 156 Hoseni Goyala (Muslim)* 116 Naiya (Muslim)* 157 Khalashi (Muslim)* 117 Shikari/Sikari (Muslim)* 158 Kichni (Muslim)* 118 Adaldar (Muslim)* 159 Mukti/Mufti (Muslim)* 119 Akunji/Akan/Akhan (Muslim)* 160 Kalal/Iraqi * 120 Bag (Muslim)* 161 Kalwar 121 Chaprashi (Muslim)* 162 Atta (Muslim)* 88 163 Khansama* 168 Khajonkriya / Khajankriya (Muslim)* 164 Sarala/Sarwala (Muslim)* 169 Katha (Muslim)* 165 Bagani (Muslim)* 170 Mudi / Mehedi (Muslim)* 166 Bhandari (Muslim)* 171 Sahana (Muslim)* 167 Hawaikar (Muslim)* 172 Kazi/Kaji/Quazi/Quaji (Muslim)* Source: http://www.anagrasarkalyan.gov.in/, Backward Classes Department, Government of West Bengal *Indicate Muslim communities amongst the OBCs 89 Annexure 4 –Details of Consultations District Block GP Old / New Type of Participants No. of Participants Howrah Sankhrail Manikpur New GP elected members, 53 GP functionaries, ISGP CB representatives, ISGP Mentoring Team representatives ISGP District Coordination Unit representatives Block Development Officer, Panchayat Samiti Members Howrah Domjur Mohiary II New GP elected members, 32 GP functionaries, ISGP CB representatives, Mentoring Team representatives District Coordination Unit representatives Block Development Officer, Burdwan Burdwan Belkash II Old GP elected members, 57 GP functionaries, ISGP CB representatives, Mentoring Team representatives District Coordination Unit representatives Block Development Officer, Panchayat Samiti Members Burdwan Burdwan Barsul II Old GP elected members, 44 GP functionaries, ISGP CB representatives, ISGP Mentoring Team representatives ISGP District Coordination Unit representatives Block Development Officer, Panchayat Samiti Members Sub-Divisional Officer, Burdwan District South 24 Joynagar I Sripur New GP elected members, 61 Parganas GP functionaries, ISGP CB representatives, ISGP Mentoring Team representatives ISGP District Coordination Unit representatives Block Development Officer, Panchayat Samiti Members SHG Members South 24 Kakdwip Pratapadityanagar New GP elected members, 65 Parganas GP functionaries, Block Development Officer, Panchayat Samiti Members SHG Members ISGP CB representatives, ISGP Mentoring Team representatives ISGP District Coordination Unit representatives Nadia Krishnaganj Matiari Banpur Old GP elected members, 37 GP functionaries, Block Development Officer, Panchayat Samiti Members SHG Members ISGP CB representatives, 90 District Block GP Old / New Type of Participants No. of Participants ISGP Mentoring Team representatives ISGP District Coordination Unit representatives Nadia Krishnaganj Bhajanghat Tungi Old GP elected members, 33 GP functionaries, Block Development Officer, SHG Members ISGP CB representatives, ISGP Mentoring Team representatives ISGP District Coordination Unit representatives Paschimi Nayagram Chandabila New GP elected members, 22 Medinipur GP functionaries, (West Block Development Officer, Midnapore) Panchayat Samiti Members SHG Members ISGP CB representatives, ISGP Mentoring Team representatives ISGP District Coordination Unit representatives Paschimi Keshiary Nachipur New GP elected members, 39 Medinipur GP functionaries, (West Block Development Officer, Midnapore) Panchayat Samiti Members SHG Members ISGP CB representatives, ISGP Mentoring Team representatives ISGP District Coordination Unit representatives Paschimi Salboni Salboni New GP elected members, 66 Medinipur GP functionaries, (West Block Development Officer, Midnapore) Panchayat Samiti Members SHG Members Local Member of Legislative Assembly (MLA) ISGP CB representatives, District Panchayat and Rural Development Officer (DRPDOs) ISGP Mentoring Team representatives ISGP District Coordination Unit representatives Local TV Channels Purulia Balarampur Ghatbera-Kerowa New GP elected members, 31 GP functionaries, Block Development Officer, Panchayat Samiti Members SHG Members ISGP CB representatives, ISGP Mentoring Team representatives ISGP District Coordination Unit representatives Purulia Balarampur Gerua New GP elected members, 40 GP functionaries, Block Development Officer, Panchayat Samiti Members SHG Members ISGP CB representatives, ISGP Mentoring Team representatives ISGP District Coordination Unit representatives 91 District Block GP Old / New Type of Participants No. of Participants Darjeeling New Additional Executive Officer, Parishad 165 (Siliguri Block Development Officer, Mahukuma GP elected members, Parishad) GP functionaries, Panchayat Samiti Members ISGP CB representatives, ISGP Mentoring Team representatives ISGP District Coordination Unit representatives Jalpaiguri Mynaguri Mynaguri New District Panchayat and Rural 34 Development Officer (DPRDO) GP elected members, GP functionaries, Block Development Officer, Panchayat Samiti Members SHG Members ISGP CB representatives, ISGP Mentoring Team representatives ISGP District Coordination Unit representatives Cooch Behar Mekhlaganj Ranirhat New GP elected members, 39 GP functionaries, Block Development Officer, Panchayat Samiti Members SHG Members ISGP CB representatives, ISGP Mentoring Team representatives ISGP District Coordination Unit representatives Cooch Behar Matabhanga Ruidan Old GP elected members, 31 II GP functionaries, Block Development Officer, Panchayat Samiti Members SHG Members ISGP CB representatives, ISGP Mentoring Team representatives ISGP District Coordination Unit representatives 92 Annexure 5 – Negative List of Activities that are not admissible under ISGPP A. Negative list of activities which may not be taken up by GPs from Performance-Based Grants i) Any activity that overlooks the rights and special provisions of vulnerable groups such as scheduled tribes, scheduled castes and minorities ii) Any activity that goes against the constitutional rights of people and creates inequalities among caste, community and gender groups iii) Infrastructure development (construction or maintenance) of any religious structures (like tomb, temple) or monuments iv) Activities likely to cause damage to wildlife and forests - activities that involve destruction or diversification of habitat of any wild animal, or the diversion, stoppage or enhancement of the flow of water into or outside the sanctuary without a permit by the Chief Wildlife Warden. v) Activities in forest areas and inside designated Protected Areas (National Parks, Wild Life Sanctuaries, Tiger Reserves etc.) without permission from the Forest Department. vi) Activities that involve felling of more than 3 trees in non-forest areas without permission from the Forest Department and felling of any of the trees mentioned in the schedule without mandatory permission as per the West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006. vii) Any activity involving development of tourism infrastructure (hotels, restaurants, resorts) within one km of reserve forests, wildlife sanctuaries without permission from the West Bengal Pollution Control Board and Department of Environment viii) Activities involving use of forest land for non-forest purpose without prior clearance from the Forest Department except under provision of Schedule Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) act, 200617. ix) Any activity that involves extraction of timber or any non- timber forest produce from a forest area or its transport without permission from the Forest Department, (District Forest Officer, except in accordance with the provisions of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights), Act, 2006). x) Purchase of land by the Gram Panchayats xi) Activities involving drinking water supply sourced from groundwater in the arsenic and / or fluoride affected blocks (listed in Appendix 1) without necessary technical support and guidance from Public Health and Engineering Department xii) Activities involving drinking water supply without testing of water quality to ensure that it is safe for human consumption as prescribed by Public Health and Engineering Department and Indian Standard for Drinking Water – Specification IS 10500: 2012 xiii) Digging of any tube well or well from which water is extracted for irrigation purpose with the help of any electrical device without permission of the District Level Ground Water Resources Development Authority (Geologist of the State Water Investigation Directorate, Government of West Bengal). xiv) Activities involving construction or rehabilitation of dams (check dams, embankments, flood control structures, or any kind of barriers that obstruct the flow of water) which are above 7 m in height. xv) Activities involving construction of dam, barrage, bandh, barrier on a flowing river without provision for fish pass or fish-ladder as directed by the District Fisheries Officer xvi) Activities involving promotion, use, storage and distribution of pesticides that are banned by the Government of India or the Government of West Bengal as well as pesticides that fall in the classes Ia, Ib and II as per the WHO classification xvii) Any industrial and mining activity without obtaining necessary permits (compliance with restrictions, Consent to Establish, Consent to Operate) from the West Bengal Pollution Control Board xviii) Activities likely to cause damage to objects, sites, structures, groups of structures, and natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. 17 The Central Government can provide for diversion of the forest for infrastructural facilities managed by Government which involve felling of trees not more than 75 per ha such as schools, anganwadis, hospitals, fair price shops, drinking water supply, tanks, minor irrigation canals, water /rain water harvesting structures, non conventional sources of energy, roads, vocational and skill training centres, community centres etc. if the forest land to be diverted is less than 1 ha and is recommended by the Gram Sabha. 93 a. Activities like construction, mining, quarrying, excavating are prohibited in a radius of 100 meters from a protected monument b. repair/renovation in the prohibited area or construction/reconstruction/repair/renovation in the regulated area (of >100-300 meters ) without permission of the National Monuments Authority xix) In coastal zones, activities which involve: a) Discharge of untreated wastes and effluents b) Harvesting or drawal of ground water within 200 m of High Tide Level in the 200 m to 500 m zone unless when done manually through ordinary wells for drinking, horticulture, agriculture and fisheries c) Land reclamation, bunding or disturbing the natural course of sea water except those required for control of coastal erosion and maintenance or clearing of water ways, channels or for prevention of sandbars or for tidal regulators, storm water drains or for structures for prevention of salinity ingress and sweet water recharge d) Mining of sands, rocks and other substrata materials e) Any construction activity between the Low Tide Line and High Tide Line in the CRZ-I and III without permission from the West Bengal State Coastal Zone Management Authority f) Construction of buildings on seaward side from the existing road in CRZ II xx) Activities which GPs may not undertake in terms of existing laws and Government Orders xxi) Activities of a military or paramilitary nature xxii) Alcoholic beverages xxiii) Tobacco, unmanufactured, tobacco refuse xxiv) Tobacco, manufactured (whether or not containing tobacco substitutes) xxv) Radioactive and associated materials xxvi) In the selected blocks of the districts that share the international waterways (listed in the table below), the following activities should be excluded a. Construction of irrigation channels or construction of field channels from the existing irrigation channels which involve diversion of water from water bodies like rivers, rivulets, canals, lakes or wetlands b. Construction of flood control structures or any kind of barriers that obstruct the flow of water c. Drilling of tube wells for irrigation purpose District Blocks River System Malda Kaliachak II, Manikchak Ganga Mushirdabad Farakka, Samsharganj, Suti I, Ganga Suti II, Raghunathganj II, Lalgola, Bhagawangola I, Bhagawangola II, Raninagar II, Jalangi, Domkal, Nawda Jalpaiguri Sadar Teesta Darjeeling Siliguri, Kurseong Teesta, Mahananda Uttar Dinajpur Chopra Teesta river canal xxvii) Drilling of tube wells for irrigation purpose in the semi critical blocks (listed in the table below) of district sharing international waterways/transboundary water resources with Bangladesh District Semi critical blocks Murshidabad Bharatpur-I Bharatpur-II, Burdwan, Kandi, Khargram, Mur-jiaganj Nabagram, Raninagar-I, Sagardighi xxviii) Pearls, precious and semi-precious stones, unworked or worked xxix) Nuclear reactors and parts thereof, fuel elements (cartridges), non-irradiated for nuclear reactors xxx) Tobacco processing machinery xxxi) Jewelry of gold, silver or platinum group metals (except watches and watch cases) and goldsmiths’ or silversmiths’ wares (including set gems) xxxii) Gold, non-monetary’ xxxiii) Private goods, i.e. investments which are targeting private persons/families. 94 95 Appendix 1: Arsenic and Fluoride Affected Blocks in the State Blocks affected with Arsenic more than 0.05 mg/L: S. No. District Arsenic Affected Blocks No of Blocks 1 Burdwan Purbasthali-I, Purbasthali-II, Katwa-I, Katwa-II, Kalna-II 5 2 Howrah Uluberia-II, Bally-Jagachha 2 3 Hooghly Balagarh, Pandua 2 English Bazar, Manickchak, Kaliachak-I, Kaliachak-II, 4 Maldah 7 Kaliachak - III, Ratua-I, Ratua-II Raninagar-I, Raninagar-II, Domkal, Nawda, Jalangi, Hariharpara, Beldanga-I, Beldanga-II, Suti-I, Suti-II, 5 Murshidabad Bhagwangola-I, Bhagangola-II, Berhampur, Raghunathganj-I, 21 Raghunathganj-II, Murshidabad-Jiagang, Farakka, Samserganj, Lalgola, Kandi, Sagardighi Karimpur-I, Karimpur-II, Tehatta-I, Tehatta-II, Kaliganj, Nakashipara, Nabadwip, Hanskhali, Krishnaganj, Haringhata, 6 Nadia 17 Chakdaha, Santipur, Chapra, Ranaghat-I, Ranaghat- II, Krishnanagar -I, Krishnanagar-II Habra-I, Habra-II, Barasat-I, Barasat-II, Deganga, Basirhat-I, Basirhat-II, Swarupnagar, Sandeshkhali-II, Baduria, Gaighata, 7 North 24 Parganas 21 Rajarhat, Bagda, Amdanga, Bongaon, Haroa, Hasnabad, Barrackpur-I, Barrackpur-II, Hingalganj, Minakhan Baruipur, Sonarpur, Bhangar-I, Bhangar-II, Bishnupur-I, 8 South 24 Parganas 8 Bishnupur-II, Joynagar-I, Mograhat-II Total number of Blocks 83 Blocks affected with Fluoride > 1.5 mg/l S. No. District Fluoride Affected Blocks No of Blocks Jaipur, Purulia–II, Para, Raghunathpur–II, Raghunathpur–I, 1. Purulia Neturia, Santuri, Kashipur, Hura, Purulia–I, Puncha, Arsha, 17 Jhalda– I, Bagmundi, Balarampur, Arabazar Bankura Saltora, Gangajalghati, Chhatna, Indpur, Bankura–II, Barjora, 10 2. Taldangra, Simlapal, Hirbandh, Raipur, Nalhati–I, Rampurhat–I, Mayureswar–I, Rajnagar, Suri– II, 3. Birbhum 7 Sainthia, Khoyrasol, 4. South 24 Parganas Baruipur 1 5. Malda Ratua–Ii, Bamangola 2 6. Uttar Dinajpur Itahar 1 7. Dakshin Dinajpur Kushmundi, Gangarampur, Kumarganj, Tapan, Bansihari 5 Total number of blocks 43 96 Annexure 6 – Existing government (State and central level) schemes Existing state level schemes are described briefly in respect of their objectives, features and implementation approaches: i. Geetanjali & Amar Thikana (Minorities, Fishermen, EWS): Scheme is to construct fully subsidized residential houses for the people belonging to Minority Community, Fishermen and people belonging to Economically Weaker Section in Sundarban and Paschimanchal areas. This scheme is being implemented in rural areas by 6 (Six) Departments, viz. a) Minority Affairs & Madrasah Education Department, b) Backward Classes Welfare Department, c) Fisheries Department, d) Forest Department, e) Sundarban Affairs Department and f) Paschimanchal Unnayan Affairs Department and non-Municipal urban areas by statutory organizations viz. WBHB, WBHIDCO etc. It focuses on construction of houses for the Economically Weaker Section of people under the name of ‘Geetanjali' and ‘Amar Thikana' in rural area is being implemented by P& RD Department. The cost of such dwelling units for new construction on beneficiary's land in rural areas varies across the span and terrain of the state as follows owing to different soil and climatic conditions. ii. Mission Nirmal Bangla (general): The Mission is named as Mission Nirmal Bangla and under the mission the Government of West Bengal endeavors to achieve the larger objective of reduction in child mortality and morbidity, overall mortality and morbidity by reducing chances of water borne and fecal borne diseases due to prevalence of open defecation; reducing the loss of active workdays due to prevalence of diarrheal diseases among the wage seekers; reduce the drop out of children, especially girls due to lack of appropriate toilet facilities in schools; improve overall cleanliness in the villages thereby contributing to improved environmental conditions. To achieve these larger impacts on the villages and the community, the specific goal of the Mission is to transform all the villages of West Bengal to Open Defecation Free (ODF) villages by 2 October 2019. Developing community managed solid and liquid management systems in the rural areas will also feature as priorities to improve overall cleanliness and environmental sanitation in the villages. iii. Sabooj Sathi (general): Under the scheme, GoWB provides for distribution of bi-cycles to the students of class IX to XII in all Govt. run/ Govt. aided/ Govt. sponsored schools. A Steering Committee headed by Principal Secretary, MSME&T department has been constituted to supervise, monitor and issue necessary guidance regarding implementation of the scheme. iv. Nijo Griha Nijo Bhumi Prakalpa (general): It is aimed at providing all landless and homeless families 3 Cottahs of land per family buying from the open market so that there would be no landless and homeless families in the rural Bengal. It has been provided in the Scheme so framed that the beneficiary families, by using their family labour and with support from other Governmental Schemes, construct their own house on the land and generate additional income, increase family consumption and calorie value. The DL&LRO and ADM in consultation with the District Magistrate & Collector in each District shall establish annual time-bound targets for allocation of land under this Scheme so as to complete land allocation to all landless and homeless families in the District. v. Khadya Sathi Scheme (general): Under the Khadya Sathi Scheme, 7 crore 49 lakh people, that is, almost 80% of the State’s population, would get rice and wheat at Rs 2 per kg each. A family can get a maximum of 35 kg of food grains per month at subsidised rates. Recipients would include people of the Jangalmahal region, drought affected people of Purulia district, tea garden workers and their families, Cyclone Aila-affected people, people of Singur who had lost their land, 1700 homeless people of Kolkata and the people living in the Hills region of Darjeeling. vi. Muktidhara Scheme (women SHGs): The scheme extends assistance to self-help groups (SHGs) of the State was inaugurated today for South 24 Parganas. The primary aim of Muktidhara Scheme is to help the weaker sections of society, particularly to make the women’s SHG self-sufficient and to increase the family income and through it, improve the lifestyles of the people. Under the scheme, the SHGs are going to be helped to become self-sufficient through the farming of groundnuts, setting up of vegetable gardens, extracting lac, making plates 97 from sal leaves, making muri, keeping hens and ducks for eggs and meat, keeping goats and pigs for their meat, and dairying. Each self-help group would be given a loan of a maximum of Rs 1.15 lakh. vii. Kanyashree Prakalpa (for girls): The scheme’s core objectives are simple and focused -- it aims to ensure that girls stay in school and delay their marriages till at least age 18. Kanyashree’s uses a social safety net mechanism that has shown a high degree of success in transforming the lives of children and adolescents in several countries in the world: Conditional Cash Transfers. The scheme has two cash transfer components: i) Annual Scholarship of Rs. 750/- to be paid annually to the girls in the age group 13 to 18 years (studying in Class VIII equivalent or above for every year that they remained in education, provided they are unmarried at the time; ii) The second is a One-Time Grant of Rs. 25,000/-, to be paid after a girl turns 18, provided that she was engaged in an academic or occupational pursuit and was unmarried. viii. Yuvashree Scheme (for youth): Under the scheme, the State Government aims to provide unemployment allowance of Rs.1,500 per month to 1,00,000 unemployed youth. The State Labour Department has made a comprehensive list of 100,000 beneficiaries (must be in the age group of 18 to 45 years) based on several criteria like education (those who have passed at least eighth standard) and age group. The recipients of the allowance are required to use it for training, vocational or otherwise, which will make them fit for employment. ix. Sikshashree Scheme (for SCs): The scheme intends to provide quality assistance to SC students of Classes V to VIII in a smooth, transparent and efficient way a new scheme of providing assistance to the target group is being formulated in the name of “Sikshashree”. Origin ‘Sikshashree’ scheme of providing assistance to SC day-scholars of Class V-VIII is evolved by merging the existing schemes of Book Grant and Maintenance Grant. It is applicable to the day scholars of West Bengal reading in class V-VIII in any Government, Government and all Government recognized schools of West Bengal. The objective of the scheme is to provide financial assistance to the SC students reading in classes V to VIII to improve their participation in Pre-matric stages and minimize the incidence of drop-out especially in case of girl students. x. State Action against Hunger and Inequality (SAHAI): The policy guideline for Sahay has been conceptualised and formulated for sustainable and holistic development of the pro-poor focussing on interventions for the segments of the population who do not have the means to access the benefits being provided under the different poverty alleviation and social security programs. The initial identification will be made for all Gram Panchayats from the lists to be generated at the Block level, xi. Shilpi Samridhi Yojana (for SCs): Scheme provides finance subsidy upto 50% of the project cost or Rs. 100,00 for artisans of Scheduled Castes xii. Community Health Care Management Initiative (CHCMI): PRDD, GoWB launched the scheme to usher in a convergence of services at the community level. The focus of this novel intervention is the process of promoting community involvement in health care management through awareness generation program and capacity building exercises, while ensuring delivery of services at the community level. Community’s health in Community’s Hands” being the motto of the program, the planned intervention seeks to drive home a sense of responsibility among common people towards their own health care management under the leadership of Panchayati Raj Institutions. CHCMI seeks to converge community action at the grass root level to the cause of promoting good health and preventing sickness in the community. xiii. Distribution of Ceiling Surplus Land (for SC, ST and Minority). Government of West Bengal has been continuously vesting ceiling surplus land of big Raiyats and distributing it amongst the weaker section of people namely SC, ST and Minority Community Scheduled Tribes and traditional Forest Dwellers will be vested with Patta land of the forest under the purview, of the Central Act, the rule of which is being framed by Government of India xiv. WADI (STs) is a small horticultural orchard surrounded by forest species. Essentially the WADI project envisages development of about 0.5 to 1.5 acres of land per each tribal family for growing orchards surrounded by forest species that would cater to fuel, fodder and other small timber needs of the tribals while processing of the fruits, direct selling in the market etc and thereby act as income generating source. The project also emphasizes soil conservation, minor irrigation sources, women development and other social sector parameters. 98 xv. Specifically for Minorities: i) Term Loan Scheme: Loan upto Rs. 5 lakh (above Rs. 5 lakh with the approval of NMDFC). Loan upto Rs. 5 lakh for self –employment enterprises and Loan above Rs. 5 lakh also available as per the guideline issued by NMDFC in age Group 18-50 years; ii) Micro Finance Direct to SHGs: Small loans upto Rs. 50,000 per member of Self Help Group (SHGs) for income generating economic activities provided directly to SHGs, specially women @6% interest p.a.; iii) Minority Women Empowerment Program: This program is launched by MA & ME deptt. for providing soft loan to SHGs for undertaking any income generation activity; iv) Educational Loan: Maximum Rs.20 lakh for pursuing professional courses like Medical, Engineering, Management, Nursing, Law etc; v) Merit-cum-Means Scholarship: Scholarship upto Rs. 30,000/- (Rs.20000 for Course fee & Rs.10000 maintenance allowance for Hosteller and Rs.5000/- for Day Scholar; Post Matric Scholarship: Scholarship is given to students for pursuing studies from class XI to PhD. Existing central level schemes are described briefly in respect of their objectives, features and implementation approaches: i. Schemes for PTGs: Since PTGs constitute the most vulnerable section among tribals and inhabit isolated, remote and difficult areas in small and scattered hamlets/habitats, the scheme aims at planning their socio- economic development in a holistic manner by adopting habitat development approach and intervening in all spheres of their social and economic life, so that the quality of life of PTGs is improved and a visible impact is made. It covers only the 75 identified Primitive Tribal Groups. Activities under it may include housing, land distribution, land development, agricultural development, cattle development, construction of link roads, installation of non-conventional sources of energy for lighting purpose, social security including Janshree Beema Yojana or any other innovative activity meant for the socio-economic development approach for the comprehensive socio-economic development of PTGs, more particularly for the PTGs who are nomadic in nature. ii. Mahila Samridhi Yojana (for females): The scheme’s objective is to be provide Micro Finance to women Self Help Groups (SHGs) belonging to the target group. Salient Features of the Scheme are: i) Maximum loan limit per beneficiary: Rs.50, 000/- and ii). Maximum number of women in one SHG: 20. The scheme is to be implemented through SCAs in rural and urban areas by way of financing the women beneficiaries either directly or through Self-Help-Groups (SHGs). Eligible Beneficiaries include women who belong to the Backward Classes as notified by Central / State Govt. from time to time and living below double the poverty line iii. Pradhan Mantri Ujjwala Yojana. It is an ambitious social welfare scheme wherein the government aims to provide LPG connections to BPL households in the country. The scheme is aimed at replacing the unclean cooking fuels mostly used in the rural India with the clean and more efficient LPG (Liquefied Petroleum Gas). It aims at providing 5 Crore LPG connections in the name of women in BPL (Below Poverty Line) households across the country. iv. Pradhan Mantri Jan Dhan Yojana: It is a National Mission on Financial Inclusion encompassing an integrated approach to bring about comprehensive financial inclusion of all the households in the country. Its objective is ensuring access to various financial services like availability of basic savings bank account, access to need based credit, remittances facility, insurance and pension to the excluded sections i.e. weaker sections & low income groups. v. Border Area Development Program (BADP): Main objective of Border Area Development Program (BADP) is to meet the special developmental needs and well-being of the people living in remote and inaccessible areas situated near the international border and to saturate the border areas with the entire essential infrastructure through convergence of Central/ State/ BADP/ Local schemes and participatory approach. Funds under BADP are provided to the States as a 100% non-lapsable Special Central Assistance for execution of projects relating to infrastructure, livelihood, education, health, agriculture, and allied sectors 99 to meet the special developmental needs of the people living in remote and inaccessible areas situated near the international border. vi. Special Component Plan (SCP) and Tribal Sub-Plan (TSP): These Plans were initiated by government as intervention strategies to cater exclusively to Scheduled Castes (SC) and Scheduled Tribes (ST) respectively. Such plans are meant to ensure benefits to these special groups by guaranteeing funds from all related development sectors both at State and Centre in proportion to the size of their respective population. Ministry of Social Justice & Empowerment and Ministry of Tribal Affairs periodically review and monitor SCP and TSP respectively. vii. Schemes by Department of Social Justice and Empowerment Department which includes: (i) Economic Empowerment: Educational Empowerment of SCs are: Scholarships Schemes; Schemes relating to Construction of Hostels and Schemes relating to Coaching of the students (same schemes for OBCs); (ii) Educational Empowerment: The following groups of schemes are meant for: Loans at concessional rates of interest and Micro credit and Skill development (same schemes for OBCs); (iii) Social Empowerment: The following schemes are meant to socially empower Curbing practice of untouchability, discrimination & atrocities Support to NGOs who work for target groups AND Recognition through National awards. For OBCs, the following schemes: Support to NGOs who work for target groups and Legislation and policies are being proposed for transgender persons viii. Indira Awaas Yojana (IAY) (for BPL SC/ST and non SC-ST): The objective of IAY is primarily to help construction of dwelling units by members of SCs/STs, non-SC/ST rural poor below the poverty line by providing them with grant in aid. It operates as a 100% subsidized centrally sponsored program with the resources being shared on 75:25 basis between Centre and the States. Funds under the scheme allocated to the States/UTs are further distributed to the districts in proportion to the SC/ST population in the district. ix. Pradhan Mantri Gramodaya Yojana (Gramin Awaas) (for non-SC/ST): The Ministry of Rural Development introduced it as supplementary scheme of Indira Awaas Yojana (IAY) for construction of houses for the families living below the poverty line in rural areas. Only families living below the poverty line are entitled to the benefits of this scheme and not more than 40% of the total allocation in a financial year can be utilized for non-SC/ST BPL families. Beneficiaries are to be identified by the Gram Sabha and from the list so prepared, Panchayat Samiti prepares a list of beneficiaries on priority basis within the allocation for the year. Zilla Parishad finally approves the list. x. Deen Dayal Antyodaya Yojana – NRLM: The Mission’s objective is “to reduce poverty by enabling the poor households to access gainful self-employment and skilled wage employment opportunities, resulting in appreciable improvement in their livelihoods on a sustainable basis, through building strong grassroots institutions of the poor. The Mission aims at creating efficient and effective institutional platforms of the rural poor, enabling them to increase household income through sustainable livelihood enhancements and improved access to financial services. xi. Programs for BPL (Widow, Disabled and Widows): These include: National Social Assistance Program: The assistance under the sub-schemes of NSAP are applicable for persons belonging to Below Poverty Line (BPL) category. The other eligibility criteria and the scale of assistance under the sub-schemes of NSAP are: Indira Gandhi National Old Age Pension Scheme (IGNOAPS), Indira Gandhi National Widow Pension Scheme (IGNWPS), Indira Gandhi National Disability Pension Scheme (IGNDPS); National Family Benefit Scheme (NFBS): Rs. 20000/- will be given as a lumpsum assistance to the bereaved household in the event of death of the bread-winner; Annapurna Scheme: 10 kgs of food grains (wheat or rice) is given per month per beneficiary. For the identification of new beneficiaries, Gram Panchayats are given the central role. The Sanctioning Authority at the Block level, after receipt of applications (verified and recommended by the Gram Sabha) convey approval. xii. Atal Pension Yojana: It is a government-backed pension scheme in India targeted at the unorganised sector. The minimum age of joining APY is 18 years and maximum age is 40 years. The age of exit and start of pension would be 60 years. Therefore, minimum period of contribution by the subscriber under APY would 100 be 20 years or more. The subscribers are required to opt for a monthly pension from Rs. 1000 – Rs. 5000 and ensure payment of stipulated monthly contribution regularly. xiii. MGNREGS: The primary objective of the Act is augmenting wage employment and to enhance livelihood security in rural areas by providing at least 100 days of guaranteed wage employment in a financial year to every household whose adult members volunteer to do unskilled manual work. Its auxiliary objective is strengthening natural resource management through works that address causes of chronic poverty, like drought, and so encourage sustainable development. Additionally, works on individual land permitted under NREGA. xiv. PMGSY: A fully funded Centrally Sponsored Scheme to provide all weather road connectivity in rural areas of the country, that envisages connecting all habitations with a population of 500 persons and above in the plain areas and 250 persons and above in hill States, the tribal and the desert areas. xv. Schemes for Minorities: Ministry of minority affairs includes schemes under different themes a) Educational Empowerment (Scholarship Schemes, Maulana Azad National Fellowship for (MANF), Free Coaching and Allied Scheme; Nai Udaan - Support for Students for preparation of Main Examination who clear Prelims conducted by UPSC/SSC, State Public Service Commission (PSC) etc. b) Economic Empowerment (Skill Development, Seekho aur Kamao (Learn & Earn); USTTAD (Upgrading the Skills and Training in Traditional Arts/ Crafts for Development), Nai Manzil; c) Infrastructure Development (Multi-sectoral Development Program (MSDP): The Multi-sectoral Development Program (MsDP) aims at improving the socio-economic conditions of minorities and providing basic amenities to them for improving the quality of life of the people and reducing imbalances in the identified minority concentration areas through projects such as provision of better infrastructure for education, skill development, health, sanitation, pucca housing, roads, drinking water, besides schemes for creating income generating opportunities. The Block Level Committee would prepare the plan (comprising different projects needed on the basis of base line survey) at the village level. This Committee would then recommend the plan to the District Level Committee; d) Special Needs (Nai Roshni - The Leadership Development of Minority Women; Hamari Dharohar) 101