Distribution System Upgrade & Expansion Project: Environment and Social Management Framework (ESMF)
Distribution System Upgrade & Expansion Project: Environment and Social Management Framework (ESMF)
Distribution System Upgrade & Expansion Project: Environment and Social Management Framework (ESMF)
Distribution System
Upgrade & Expansion
Project (DSUEP)
Nepal Electricity
Authority
Kathmandu, Nepal
Date: 28 November 2019
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TABLE OF CONTENTS
Abbreviations & Acronyms ................................................................................................. 4
Executive Summary ........................................................................................................... 7
1. Project background ....................................................................................................17
2. Baseline information ..................................................................................................22
3. Policy & framework for E&S issues ............................................................................75
4. E&S Safeguard Approach ........................................................................................139
5. Operationalization of ESMF .....................................................................................154
6. Consultation & Information Disclosure .....................................................................162
7. E&S Safeguard Monitoring.......................................................................................169
8. Budget for Implementation of ESMF ........................................................................172
Annexures
Annexure 1: Environment and Social Screening Checklist
Annexure 2: Environment and Social Management Plan Format
Annexure 3: Entitlement Matrix
Annexure 4: Environmental and Social Monitoring Checklist
Annexure 5: Outline of a Resettlement Action Plan
Annexure 6: Outline of Indigenous People Development Plan
Annexure 7: IPs & Vulnerable Groups Impact Screening & Categorization Form
Annexure 8: Socio – Economic Household Survey Questionnaire
Annexure 9: Discussion and meaningful consultation with indigenous people for FPIC
proposed
Annexure 10: Environmental and Social Trimester Monitoring Report Template
Annexure 11: Labour camp guidelines
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List of Tables
Table 1 - Key Stakeholders and their role and responsibilities ........................................................................... 9
Table 2 - Districts selected for DSUEP.............................................................................................................. 18
Table 3 -Details regarding 33 / 11 kV substation locations shared by NEA ...................................................... 18
Table 4 - Major castes in project areas ............................................................................................................. 22
Table 5 - Power distribution in household under project districts ...................................................................... 23
Table 6 - HH wise Occupational status in subproject areas .............................................................................. 25
Table 7 - Demography data with caste and ethnicity (Beneficiaries) ................................................................ 27
Table 8 - Land-use pattern for substations ........................................................................................................ 29
Table 9 - Minimum Land Required for Sub-Station ........................................................................................... 34
Table 10 - List of water bodies lying along and near project area ..................................................................... 37
Table 11 - – List of affected forest for substation ................................................ Error! Bookmark not defined.
Table 12 - – List of affected forest for distribution lines .................................................................................... 38
Table 13 - Baseline of Environmental and Social Management Plan ............................................................... 42
Table 14 - Components of DSUEP .................................................................................................................... 55
Table 15 - Minimum distance which ought to be from the wire to the house and tree ...................................... 66
Table 16 - Minimum distance which ought to be from wire to the ground ......................................................... 66
Table 17 - Minimum Clearance between the wires for HT ................................................................................ 70
Table 18 - Minimum Clearance between the wires for LT ................................................................................. 70
Table 19 - Summary of Mitigation Measures ..................................................................................................... 71
Table 20 - Policies Gap Between Government and Co-financer ...................................................................... 96
Table 21 - Land Acquisition Process as per Land Acquisition Act 2034 (1977) ............................................. 113
Table 22 - Major castes in project areas ......................................................................................................... 125
Table 23 - Categorization of Project on the Basis of IPs ................................................................................. 132
Table 24 - Possible strategies and activities for the development of vulnerable communities ....................... 137
Table 25 - Criteria of EIA and IEE study ......................................................................................................... 143
Table 26 - E&S Safeguard stages involved in Project Cycle........................................................................... 148
Table 27 - Monitoring Plan .............................................................................................................................. 152
Table 28 - Roles and responsibility matrix....................................................................................................... 154
Table 29 - Implementation Schedule ............................................................................................................... 160
Table 30 - Monitoring indicators methods and responsibility .......................................................................... 169
Table 31 - E&S tentative Budget Breakdown sheet ........................................................................................ 172
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DT Distribution Transformer
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FI Financial Intermediary
FY Financial Year
HT High Tension
HV High Voltage
IP Indigenous People
LA Land Acquisition
LT Low Tension
LV Low Voltage
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MW Mega Watt
SA Social Assessment
UN United Nations
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EXECUTIVE SUMMARY
This Environmental and Social Management Framework (hereinafter referred as “the Framework or
“ESMF”) is prepared for addressing environmental and social safeguard issues in “Distribution System
Upgradation and Expansion Project (DSUEP) of NEA. The ESMF sets out the principal, rules,
guidance, steps, responsibility and procedures for assessing and addressing environmental and
social risks and impacts as part of the process of preparation of the sub-projects (33/11kV)
substations and distribution line) to be implemented under DSUEP through the support of international
financing institutions (IFIs). Likewise, the ESMF aligns with environmental and social provisions of the
Government of Nepal (GON) and constitutes a common framework for environmental and social
(E&S) safeguard provisions of the Asian Infrastructure Investment Bank (AIIB) and the European
Investment Bank (EIB), collectively called the “Financiers.”
This ESMF guides the NEA / PIU and stakeholders in the process of selection, screening and
categorization of environmental and social risks that require further assessment and preparation of
specific instruments such as an Environmental and Social Management Plan(ESMP), Initial
Environmental Examination (IEE), Environmental and Social Impact Assessment (ESIA),
Resettlement Action Plan (RAP), and/or Indigenous Peoples Development Plan (IPDP) as per the
safeguard requirements of the Financiers and GoN.
This ESMF (i) provides an overview of DSUEP and its components; (ii) explains the generally
anticipated E&S impacts and mitigation measures for the DSUEP sub-projects; (iii) specifies the
requirements that will be followed in relation to E&S screening, categorization, E&S assessment,
institutional arrangements for implementation of the ESMF, monitoring, meaningful consultation with
project affected people and relevant stakeholders, and information disclosure requirements; (iv)
specifies the safeguard criteria that determine the required E&S instruments to be prepared for each
sub-project; (v) assesses the adequacy of the borrower’s capacity to implement national legal
requirements and the safeguard standards of the Financiers and identifies the need for capacity
building; (vi) specifies ESMF implementation procedures, including required resources and capacity
development support; and (vii) describes the responsibilities of the borrower/executing agency (EA)
in relation to the preparation, implementation, compliance monitoring and reporting of overall
safeguards implementation.
Through its contractual relationship with the Financiers, NEA will ensure E&S provisions are included
in agreements with contractors, consultant firms and individual experts. If involuntary resettlement
and land acquisition are required within sub-project areas, a Resettlement Action Plan (RAP) will be
prepared. Through implementation of the ESMF, emphasis will also be placed on identifying potential
presence of affected indigenous people and vulnerable communities in subproject areas. In such a
case, an Indigenous Peoples Development Plan (IPDP) shall be prepared for the specific sub-project.
The ESMF includes a process of assessing sub-projects in accordance with the Financiers’ safeguard
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The environmental and social management plans will include mitigation costs to ensure proper
implementation of mitigation measures and compliance monitoring during the sub-project construction
stage. NEA / PIU will be responsible for ESMP implementation. The PIU shall prepare quarterly
reports on environmental and social monitoring including RAP and IPDP implementation as
applicable, which shall be reviewed by NEA management at quarterly intervals. These reports shall
also be shared with the Financiers during the construction stage. The implementation status will be
followed up during the Financiers’ review missions. Contractors will be required to comply with the
ESMP during pre-construction and construction stages under close monitoring of project supervision
consultants, NEA/PIU. The ESMP shall be updated as necessary if unanticipated impacts are
identified during implementation.
Component 1 - Construction of 33kV supply lines and 33/11kV substations (including upgrade of
existing facilities where needed)
Component 2 –Construction of 11kV lines, distribution transformers, low-voltage (LV) supply lines
including consumer connections
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AIIB’s Environmental and Social Policy (ESP) and Environmental and Social Standards (ESS); EIB’s Environmental and
Social Safeguard
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There is a possibility that most of the new sub-projects may be located on private land and community
forests. E&S risks associated with sub-projects may also involve labour and working conditions during
the construction, community health and safety issues, potential impact on physical and cultural
resources, indigenous people and effects on livelihood. In sub-projects which involve these aspects,
an Environment and Social Impact Assessment (ESIA) will be conducted to mitigate / offset the
potential risks.
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Category II (IEE/ESIA with ESMP): Sub-projects under this category are likely to have less
significant and site-specific impacts, which may include impacts to forest area, wetlands, or other
natural habitat. As per GoN (EPR, 1997) the project which passes through national and community
forest and construction of distribution lines with capacity more than 132 kV is categories as B. These
sub-projects are typically classified as Category “B” under the Financiers’ safeguard standards and
will require either an Initial Environmental Examination (IEE) with ESMP under GoN regulations, or a
limited Environmental and Social Impact Assessment (ESIA) with ESMP in accordance with the
Financiers’ safeguard standards.
Category III (DDR with ESMP): Sub-projects under this category are likely to have environmental
risks and impacts that are easily addressed through an ESMP, such as increased air emissions or
noise pollution near village areas. These sub-projects are typically classified as Category “B” or “C”
under the Financiers’ safeguard standards and require only preparation of a Due Diligence Report
(DDR) with ESMP.
Category IV (FI):
A Subproject is categorized FI if the financing structure involves the provision of funds to or through
a financial intermediary (FI) for the Project, whereby the Bank delegates to the FI the decision-making
on the use of the Bank funds, including the selection, appraisal, approval and monitoring of Bank-
financed subprojects. These subprojects are classified as Category FI as per AIIB and EIB E&S
framework. The Bank requires FI Client to screen and categorize subprojects as Category A, B or C,
review, conduct due diligence on, and monitor the environmental and social risks and impacts
associated with the Bank-financed subprojects, all in a manner consistent with this ESP. This can be
achieved through implementation of appropriate environmental and social policies and procedures.
Projects categorized as FI are also subject to: (a) the Environmental and Social Exclusion List and
applicable host country national laws for all the Bank-financed subprojects; and (b) the applicable
ESSs for the Bank-financed. Some or all of the Bank-financed subprojects that are classified as
Category B subprojects).
Category II (IEE/ESIA with ESMP): Sub-projects under this category have less significant and site-
specific impacts and economically displace less than 50 families in the mountain region, less than 75
families in the hills, and less than 100 families in the terai plains due to involuntary land acquisition
(unless such impacts, in the judgment of NEA / PIU, are exacerbated by other contributing factors).
In these cases, sub-projects are required to conduct an ESIA (including social baseline)
commensurate with the impacts, and prepare an RAP and/or Indigenous Peoples Development Plan
(IPDP) ), or equivalent management plan, if needed. A sub-project may also be required to prepare
an IEE as per GoN regulations, which can be supplemented with a social assessment as required by
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the Financiers safeguards. As per AIIB policy, ARAP is only applicable if affected persons are fewer
than 200 people, not physically displaced and / or less than 10% assets are lost.
Category III (DDR with ESMP): Sub-projects are likely to have minimal or no adverse environmental
and social impact; does not physically displace any family; and does not result in economic
displacement of more than 10% of productive assets for any family. A brief Environmental and Social
Management Plan (ESMP), including a RAP and/or IPDP if needed, shall be prepared.
Assessment and risk management instruments for sub-projects
NEA/PIU will be responsible for reviewing and approving the screening report in consultation with
Financiers. On the basis of findings of screening and the criteria mentioned EPR, 1997 of GoN,
required environmental assessment such as EIA, IEE etc. will be recommended. According to the
Financiers’ safeguard standards, all sub-projects are required to prepare either an ESIA (including an
ESMP) or prepare an ESMP (ESMP, RAP, VCDP / IPDP) only.
Preparation of ESMP involves establishing and maintaining a process for identifying the E&S risks
and impacts of each sub-project. The type, scale, and location of the sub-project guides the scope
and level of effort devoted to the risk and impact identification process. Assessment of E&S risks and
impacts will be carried out in E&S assessment studies and ESMP, RAP, VCDP, IPDP preparation of
sub-projects will be carried out by consulting firm with support from NEA/PIU.
Environmental and Social Assessment are an integral part of the project cycle beginning with project
identification to operation stage. All subprojects shall undergo screening, identification of impacts,
preparation of action plans for mitigation of adverse impacts, implementation of action plans,
monitoring, evaluation, and auditing of the project. The main aim of planning is to address the
environment and social impacts properly. However, planning includes activities from the beginning of
identification and pre-feasibility study to post construction phase. A short summary of project planning
including stages, steps in the assessment process and responsibility is presented in the table below
–
Table 2 - Planning and Implementation Mechanism
Appraisal and Approval Review of environmental and social PIU/NEA and Financiers
screening
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Each proposed subproject site will be screened for social impacts before it is selected for inclusion in
the Project. If the social screening findings show involuntary resettlement impacts, a social impact
assessment will be conducted, and a resettlement action plan prepared.
The RAP will include a statement of involuntary resettlement objective and strategy, scope of land
acquisition and resettlement, socio-economic condition, information disclose public consultation,
grievance redressal mechanism, legal framework, and other relevant information.
The RAP shall be accompanied by an entitlement matrix addressing impacts identified during the
social impact assessment such as loss of land, loss of residential and commercial structures, loss of
income generating sources and assets, additional support to vulnerable groups, loss of common
property resources, and other unanticipated impacts.
If the social screening process undertaken for each subproject determines that Indigenous Peoples
are present in, or have collective attachment to, the subproject area, and are likely to be affected by
the Project, an Indigenous Peoples Development Plan will be prepared.
A social impact assessment shall be carried out for the subproject and shall include: a baseline
demographic, socioeconomic, cultural, and political profile of the affected indigenous groups in the
project area and project impact zone; assessment of land and territories that Indigenous Peoples
have traditionally owned or occupied; assessment of natural resources (including biodiversity and
eco-system services) on which Indigenous Peoples depend; assessment on their access to and
opportunities they can avail of the basic and socio-economic services; assessment of the short and
long term, direct and indirect, positive and negative impacts of the project on each group’s social,
cultural and economic status; assessing/validating which indigenous groups will trigger the
Indigenous Peoples policy principles; assessing the subsequent approaches and resource
requirements for addressing their concerns and issues in relation to the projects that affect them.
An Indigenous Peoples Development Plan will be prepared based on findings from the social impact
assessment to address the concerns and issues of indigenous peoples. The Indigenous Peoples
Development Plan shall include: discussion on aspirations, needs, and preferred options of the
affected Indigenous Peoples; local social organization, cultural beliefs, ancestral territory, and
resource use patterns among the affected Indigenous Peoples; potential positive and negative project
impacts; measures to avoid, mitigate, or compensate for the adverse project effects; measures to
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ensure project benefits will accrue to them; measures to strengthen executing agency capacity to
address their issues; the possibility of involving local organizations and NGOs with expertise in
Indigenous Peoples issues; their budget allocation; Indigenous Peoples’ monitoring with a timeframe.
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• Differentiate on the basis of primary (communities - IP and non-IP, project affected people,
vulnerable groups and construction workforce) and secondary (civil society organizations,
media, government, local businesses, etc.) stakeholders
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matrix frameworks, various periodic information sheets, project time frames etc. Meetings and
workshops shall be conducted to disseminate critical and useful information. Local media like FM
radio, newsletters and TV etc. shall be used for disseminating information regarding DSUEP – cost
of the same shall be allocated in ESMP. All project documents will be uploaded on the NEA/PIU
(www.nea.org) and the Financiers’ websites.
Disclosure of information
• One-way communication, with the objective of informing the public on project milestones,
expected nuisances and mitigation measures
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1.1 Background
Nepal has a population of around 29 million of which about 78% have access to electricity. The
installed generating capacity including IPPs is around 1074 MW and the transmission network at 220
and 132 kV is concentrated mainly across an east-west corridor. The power supply situation was
plagued with a lack of generation capacity, but a number of generation projects carried out recently
have resulted in considerably improved power availability. While the provinces have varying degrees
of electrification with some having better coverage than others, provinces 5, Karnali (6) and Sudur
Pashchim (7) have the least coverage. To redress this situation, the government of Nepal is planning
a project to extend supply lines to the western and far western areas as a part of its program “to
achieve affordable electricity for all by 2022”. The government and the Nepal Electricity Authority
(NEA) have applied for financing from the Asian Infrastructure Investment Bank (AIIB) and European
Investment Bank toward the cost of financing the proposed project.
The electricity supply has been growing significantly, with large investments in new generation
capacities and increasing electricity imports from India. However, upgrading and expansion of
electrical transmission and distribution networks have not kept pace with the supply growth. As a
result, Nepal experiences high system losses over 15 percent and excessive voltage drops, due to
the overloading and extended feeder lengths of the existing networks. Sizeable investments are
needed to relieve the T&D bottlenecks in Nepal so as to ensure efficient and reliable delivery of
electricity to consumers.
NEA has identified 21 districts of the Provinces 5, Karnali (6) and Sudur Pashchim (7) and anticipates
the establishment of 37 new 33/11 substations. The project consists of construction of around 770 km
of 33kV distribution line and 4089 km of 11 kV distribution line. This will also include installation of
distribution transformers; placement of LV capacitor banks, regulators where needed; and connecting
new consumers to the grid.
Accordingly, under DSUEP, it is intended to carry out a network planning study, followed by a detailed
engineering design and feasibility study analysis together with environmental and social impact
assessment to identify appropriate development options that will be suitable for the intended
electrification program.
The objective of the sub-project is to carry out a planning exercise and detailed engineering design,
including electric distribution system development program and economic analysis with a view to the
socio-economic upliftment of the rural people living in the areas selected for the electrification services
leading to a feasibility level identification of the proposed project.
Project objective - The objective of the project is to increase electricity access and improve supply
quality and efficiency in western Nepal.
The following districts covering province 5, 6 and 7 have been selected for the project –
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Province: 5 Parasi, Rupandehi, Palpa, ,Rolpa, Dang, Banke, Bardiya, Rukum East
Province: Karnali (6) Surkhet, Salyan, Jajarkot, Kalikot, Dolpa, Jumla, Mugu, Rukum West, Humla
Province: Sudur
Bajhang, Bajura, Baitadi
Pashchim (7)
The total fund under the project is around $200 million (from AIIB and EIB). Work to be carried out
under proposed sub-projects has been summarized in below –
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• Analysis and summarization of potential E&S impact assessment process that would be
associated with sub-project activities
• Analysis the GoN policies and the Financiers’ safeguard standards and identify the gaps
• Present the legal and institutional framework related to E&S context in the energy sector that
will be supported by DSUEP
• Introduce the E&S due diligence process to present methodologies, instruments and
responsibilities for E&S management
• Define E&S management principles and guidelines for implementation of the project
• Establish the roles and responsibilities of all parties involved in project E&S management
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• Review existing laws, regulations, policies and institutional arrangement to address and
mitigate the environmental impacts of project.
• To provide a reference document to designer, engineer, decision maker and supervision team
to identify and mitigate the issues.
• It presents a screening and assessment methodology for potential projects to allow for
environmental and social risk and impact identification and classification and specifies the
appropriate roles and responsibilities of stakeholders. To guide the team in impact
identification and take appropriate mitigation measure.
• Subprojects construction activities may bear the risks on potential environmental impacts likely
to occur in the physical, biological, social, cultural, and sometime archeological shapes. Loses
of private / public land and structures, natural resources and other common public facilities
are among the major impacts resulting from construction subprojects that need to address in
project design and construction phase, incorporating E&S proven mitigation measures that
will bring adverse effect down to acceptable level.
• Component 1: Construction of 33kV supply lines and 33/11kV substations (including upgrade
of existing facilities where needed). This component comprises activities relating to the
construction of new primary substations, facilitating the enhancement of the distribution
network. It consists of extension to the 33kV network providing supply to the new 33/11 kV
substations and the construction of these substations and related facilities. In some instances,
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where needed, the existing 33kV lines would be augmented by the increase of conductor size
or number of circuits.
2. Indigenous peoples
6. Reporting
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DSUEP concentrates on increasing coverage of electricity access in the western and far western
regions of Nepal. Most of the project districts are in hilly and mountain regions, whereas Parsi,
Rupandehi, Dang, Banke, Bardiya and Surkhet are situated in terai (plains) and inner terai belt.
The living standards are different between terai, hilly and mountain areas. The socio-economic
condition and accessibility to services are poor in hilly and mountain districts compared to terai
and inner terai areas. Accessibility to quality healthcare, roads, quality education, gender
empowerment, and overall poverty indexes are lower in the project districts compared to rest of
Nepal.
An E&S safeguard baseline survey has been conducted for each sub-project location. This survey
covers physical verification of the substation locations and distribution line corridors.
Indigenous Tharu, Yadab, Raute, Majhi, Bote, Tamang, Bhujel, Kumal, Bhote, Darai, Magar Gurung,
people Limbu, Sherpa, Thakali, Bansi, Thami, Newar, Rai etc.
As per the Census 2011, the total HH in project districts is 1078670 covering HH is 570,889. The
total population is 5725415 is in project districts and includes 30,09,468 females (53%) and
27,15,947 males (47%). On average, currently the rural electrification connects only 53% HH to
national grid in project districts. The coverage from national grid of electricity supply is very low in
mountain and far western districts comparing with Terai areas and some hilly districts.
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Source Census 2011, Note: Rukum East and West districts are counted together
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The above table shows that the existing condition of grid power supply. In project districts, only
53 % HH are covered, remaining HH use other alternative power like kerosene 16%, Biogas
0.2%, Solar 15%, others and unspecified 16 % and 1% respectively. The quality and reliability of
power supply is poor the distribution system is suffering from issues of voltage fluctuation, low
voltage and erratic load schedule. Thus, construction of new 33 / 11 kV substations, 33 kV lines,
11 kV lines and LT lines are the need of the hour.
S. N. = Serials Numbers, HH= Household, Agr= Agriculture, Self EMP = Self employment, F. Emp Forgien
Employment
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Note, HH = Household, Agri = Agriculture, Service = Government & Private Job, Self Emp = Self Employment, F. Emp
= Foreign Employment, If the distribution lines and substation change cause by IEE and technical design the base line
data will change. in that situation ESMF may be needed to Update S. N. = Serials Numbers,
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Settlements Houshold
Substation,
Sr.
distribution Caste Other Madesi
N Nos HH Pop Fe M Janajati Dalit
lines s Muslim
1 Hakui 15 1619 7455 3818 3637 Madesi, Tharu, Gurung, Magar, Dalit, Muslim and others, as 540 110 131 838
2 Manglapur 20 2687 14348 7294 7054 Madesi, Tharu, Gurung, Magar, Dalit, Muslim and others, 1180 105 400 1002
3 Marchawar 25 2590 21953 11162 10791 Madesi, Tharu, Gurung, Magar, Dalit, Muslim and others, 53 73 137 2327
4 Dhikichour 24 2137 10685 5556 5129 Gurung, Magar, Dalit, and others, 1527 215 395
5 Kankri 64 3299 16495 8353 8142 Brahmi, Chhetri, Thakuri, Magar and Dalit 780 273 2246 0
6 Rukumkot 70 2652 13260 6877 6383 Brahmi, Chhetri, Thakuri, Magar and Dalit 765 299 1588 0
7 Hapur 26 3703 17598 9131 8467 Tharu Gurung, Magar, Dalit, and others, Madesi Muslim 2800 373 453 77
8 Dhikpur 20 4090 19223 10057 9166 Tharu Gurung, Magar, Dalit, and others, Madesi Muslim 3200 613 77 200
9 Jamnibas 32 1807 8660 4303 4357 Tharu Gurung, Magar, Dalit, and others, Madesi Muslim 900 107 600 200
10 Bhaluwang 26 3155 13705 7195 6510 Tharu Gurung, Magar, Dalit, and others, Madesi Muslim 1880 140 1067 68
11 Murkute 30 3070 13912 7237 6675 Tharu Gurung, Magar, Dalit, and others, Madesi Muslim 2000 178 892 0
12 Thabang 59 3781 18905 10220 8685 Kham Magar Dalit 3351 105 325 0
12700. 10484.
13 Ghartigoun 80 4637 23185 Magar, Gurung, Brahmin, Chetri, Gharti and Dalit 3206 356 1075 0
3 8
14 Khajura 20 2625 13387 6596 6791 Madhesi, Muslim Tharu Gurung, Magar, Dalit, and others, 994 193 1106 332
15 Machhagadh 30 4625 23763 12115 11648 Muslim Tharu Gurung, Magar, Dalit, and others, 3000 200 1125 300
16 Odaltal 64 2779 13337 6556 6781 Gurung, Magar, Kumal, Darai, Ghatri, Dalit, Badi and others, 857 268 1654 0
17 Bijaura 64 3201 15360 7513 7847 Gurung, Magar, Kumal, Darai, Dalit, Badi, Ghatri and others, 948 275 1978 0
18 Nagma 39 2198 11430 5454 5975.6 Brahnin, Kshetri,Thakuri, Magar and Dalit 70 649 1479 0
19 Raskot 48 2807 15363 7303 8060 Brahnin, Kshetri,Thakuri and Dalit 1570 873 364 0
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Settlements Houshold
Substation,
Sr.
distribution Caste Other Madesi
N Nos HH Pop Fe M Janajati Dalit
lines s Muslim
20 Samaila 42 3922 21964 11404 10560 Brihmin, Chhetri, Magar, Gurung, Bhujel, Kumal and Dalit 1568 785 1569 0
16532. 16211.
21 Badaban 81 5867 32744 Brihmin, Chhetri, Magar, Gurung, Bhujel, Kumal and Dalit 1801 276 3790 0
5 5
22 Pipal Lekhgaun 73 3028 15740 8029 7710.6 Brhamin, Chhetri, Magar, Newar, Dalit and Thakuri 1648 467 913
23 Tharmare 66 4304 22376 11379 10997 Brhamin, Chhetri, Magar, Dalit and Thakuri 1300 635 2369
24 Vampuchaur 51 3428 17371 8704 8667 Brahnin, Kshetri,Thakuri , Magar nd Dalit 1018 340 2070
25 Badki 106 10589 57932 27860 30072 Brihmin, Chhetri, Thakuri, Dalit and Few are Bhote 45 2129 8415 0
26 Dunai 20 1870 8976 4398 4578 Brahnin, Kshetri,Thakuri , Magar, Bhote and Dalit 559 374 937 0
27 Tribeni 0
28 Khatyad 50 3729 18645 9486.6 9158.4 Brahnin, Kshetri,Thakuri and Dalit 0 749 2980 0
29 Mangri 26 1694 8470 4404 4167 Bhote Chhetri and Dalit 1484 40 170 0
30 Simokot 31 1521 7605 3650 3955 Brahnin, Kshetri,Thakuri, Bhote and Dalit 110 450 961
31 Budiganga 64 10185 55207 27020 28187 Chehetri, Bhrihmin, Thakuri, and Dalit 0 1476 8709 0
32 Kolti 78 8020 43238 20747 22491 Brihmin, Chhetri, Takuri, Bhote and Dalit 0 1590 6430 0
33 Kalinga 64 10110 54391 28278 26113 Brhamin, Chehtri, Dalit and Thakuri 0 1531 8579 0
10601
34 Musya 98 19130 54299 51711 Brhamin, Chehtri, Dalit and Thakuri 0 3418 15712 0
0
12198. 10391.
35 Silegada 32 4075 22590 Brhamin, Chehtri, Dalit and Thakuri 0 1161 2914 0
6 4
78528 2082
163 14893 397830 387553 Total 39154 83610 5344
Total 2 6
8 4
100 50.7 49.4 % 26 14 56 4
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Rural
Banke 14 Khajura Khajura 4 24 MVA 0.5 28 4 Government
Municipality
Rural
Machhagadh 15 Machhagadh Bara Bardiya 9 24 MVA 27 56 4 Private
Municipality
Samjhana CFUG
Rural Community
16 Badichour Barahatal 10 3 MVA 1 138 2 Commited to provide land
Karnali (6)
Municipality Forest
to NEA
Surkhet
Rural Community Kula Karnali CFUG
17 Bhude Bapar Chaukubne 4 3 MVA 22 151 2
Municipality Forest committed to provide land
30
*OFFICIAL USE ONLY
31
*OFFICIAL USE ONLY
32
*OFFICIAL USE ONLY
Physical Environment
Land use
The existing land uses in the project shall be recorded during E&S base line before implementation
of project so that the change in land use pattern after implementation of project can be evaluated.
Land use types include agriculture, horticulture, domestic settlement, and industries. For example,
the land before construction may be used for agriculture, forest, settlement or could be barren land
but after construction the area will be converted in to built-up area substations. Similarly, forest land
along distribution line route shall be cleared.
33
*OFFICIAL USE ONLY
34
*OFFICIAL USE ONLY
Rural
6 20 2 80000 4000
Jajarkot 21 Badaban Chhedaghat Municipality 253.125
Rural
4 20 2 80000 4000
22 Piple Lekhgaun Kalimati Municipality 230.625
Rural
2.5 2 10000 4000
Salyan 23 Tharmare Tharmare Municipality 28.125
Rural 13 2 52000 4000
West Rukum 24 Vampuchaur Bafukot Municipality 230.625
Rural
3 1.5 2 6000 4000
Jumla 25 Badki Hema Municipality 22.5
Rural
2 18 2 72000 4000
Dolpa 26 Dunai Thuli Bheri Municipality 568.125
Rural
7 30 2 120000 4000
Mugu 27 Khatyad Khatyad Municipality 343.125
35
*OFFICIAL USE ONLY
36
*OFFICIAL USE ONLY
Water Quality
The information on the quality of water near the project shall be collected and analyzed. During
construction stage, disposal of soil, waste for camp site and also washing of machinery and equipment
will pollute the water quality. The collected baseline data shall provide the level of pollution due to
project and immediate mitigation needed.
The list of water resources which lies along and near the subproject area are listed below:
Table 11 - List of water bodies lying along and near project area
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Noise Level
Implementation of construction activities utilize construction activities which produces high noise level.
The baseline study should identify the noise sensitive location and define baseline background noise
level in those area. The level of noise by the project should be monitored during construction and
should be controlled to fall within permissible range.
Geology of Area
During baseline survey, existing geological information shall be captured. The level of geology survey
depends on the nature of project. For example, construction of heavy structure like tall poles etc. For
small project, secondary data about soil, rock may be sufficient whereas for larger projects, a detailed
geological survey and mapping may be necessary. The information shall help to screen suitable
location to support the proposed structure.
Ground Water
Percolation of surface water contributes to ground water level. The ground water flows through porous
soil strata to reach the streams or ponds /lakes. The interception of ground water during slope cutting
or foundation excavation shall disturb the ground water movement. Also, water leakages arising out
of such activity shall hamper construction activities. Pre-identification of ground water level shall help
to avoid flooding issues in the activity area.
Emissions and Effluents
The total amount of solid, liquid or gaseous pollutants emitted into the atmosphere from a given source
within a given time, as indicated, shall be monitored. For example, in grams per cubic meter of gas or
by a relative measure, upon discharge from the source.
Table 12 - – List of affected forest for 33 / 11 kV substations 33 kV lines, 11 kV lines and LT lines
38
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Rukim
27 Vampuchaur Bafikot RMP 6 Private
West
28 Badki Jumla Himal RMP 3 Private
29 Dunai Dolpa Thulobheri RM 9 Private
39
*OFFICIAL USE ONLY
Dogadakedar
33 Sillegadha Baitadi 7 Private
RMP
34 Hakui Parasi Ramgram MP 15 Private
Biological diversity
The variety of life forms - different plants, animals and micro-organisms, together with the genes they
contain, their ecosystem, etc. constitute the biological diversity of the project area. It is usually
considered at three levels: genetic diversity, species diversity and ecological diversity.
Ecosystems
A dynamic, complex relationship of plants, animals, fungi and microorganism communities and
associated non-living environment interacting as an ecological unit form the ecosystem.
Endangered species
Species in danger of extinction and whose survival is unlikely if the existing conditions continue to
operate. This also includes species whose numbers have been reduced to a critical level or whose
habitats have been so drastically reduced that they are deemed to suffer from immediate danger of
extinction. Endangered species also includes those listed by IUCN - Vulnerable, Endangered,
Critically Endangered.
Vegetation
The information about the type of vegetation coverage in the project are should be collected. Some
project which passes through forest land may need clearance of trees and vegetation. To assess the
total losses of trees and vegetation and propose mitigation measures, the total losses must be
determined first. The number, size, type and coverage of trees must be determined during baseline
survey.
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a. Land use: Types include agriculture, horticulture, settlement and public land barren,
Government land, forest land, etc.
b. Structures: Types include house, boundary and shed, office building, public structure etc.
c. Livelihood: Types includes small business, teashops, traditional occupations, production /
cottage industry, individual or community base, etc.
d. Cultural and archeological importance: The types are - cultural heritage structures,
historical, religious, sentimental or aesthetic value, etc.
e. Community infrastructures: The types are - irrigation cannels, community building, water
supplies, waiting places, traditional mills (Ghatta), play grounds etc. specially run by
community.
f. Socio-economic: Types include castes, households, population, literacy, income,
expenditure, access etc. of the project affected people
g. Public involvement / public consultation: A range of techniques that can be used to inform,
consult or interact with stakeholders such as indigenous people, women, affected / to be
affected by a proposal.
h. Reversible impact: An environmental impact that recovers either through natural process or
with human assistance.
i. Stakeholders: Those who may be potentially affected by a proposal, e.g. local people, the
proponent, government agencies, non-governmental organizations, donors and others, all
parties who may be affected by the project or to take an interest.
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Land
Municipality & Ward Mitigation measure
Ownership
District S.N Substations Place Social Environmental
Name Category No
Tilottama Municipality
No Significant loss in
will provide public land
5 physical, biological and
for SS. The proposed
socio - economic
Land is public Some Unclears RoW areas
environmental and socio
household are using need to be
Rupendehi 2 Manglapur Tilottama Municipality 7 - economic Government
the land for undergrounding at
environmental. The route
agriculture propose. Keuleni -7 of 33/11 kV
about 500 m. is not clear
line. EMP and VCDP
RoW for 33 kV line at
will be require and
Keulani -7 near SS
implementation
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*OFFICIAL USE ONLY
Land
Municipality & Ward Mitigation measure
Ownership
District S.N Substations Place Social Environmental
Name Category No
Kotaimai Municipality
No significant physical
and public will provide
and biological
the land for substation,
Land is public. No environmental impact
Rural Row is clear to and Irrigation
3 Marchawar Kotaimai 7 significant social under the proposed 33 /
Municipality from substation for Department
impacts. 11 kV substations 33 kV
33/11 kV line. EMP,
lines, 11 kV lines and LT
VCDP will be required
lines.
for mitigation measure.
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Land
Municipality & Ward Mitigation measure
Ownership
District S.N Substations Place Social Environmental
Name Category No
Livelihood and
community utilities
44
*OFFICIAL USE ONLY
Land
Municipality & Ward Mitigation measure
Ownership
District S.N Substations Place Social Environmental
Name Category No
45
*OFFICIAL USE ONLY
Land
Municipality & Ward Mitigation measure
Ownership
District S.N Substations Place Social Environmental
Name Category No
significant impact in
Likelihood.
46
*OFFICIAL USE ONLY
Land
Municipality & Ward Mitigation measure
Ownership
District S.N Substations Place Social Environmental
Name Category No
47
*OFFICIAL USE ONLY
Land
Municipality & Ward Mitigation measure
Ownership
District S.N Substations Place Social Environmental
Name Category No
48
*OFFICIAL USE ONLY
Land
Municipality & Ward Mitigation measure
Ownership
District S.N Substations Place Social Environmental
Name Category No
49
*OFFICIAL USE ONLY
Land
Municipality & Ward Mitigation measure
Ownership
District S.N Substations Place Social Environmental
Name Category No
significant impact in
Livelihood. .
50
*OFFICIAL USE ONLY
Land
Municipality & Ward Mitigation measure
Ownership
District S.N Substations Place Social Environmental
Name Category No
51
*OFFICIAL USE ONLY
Land
Municipality & Ward Mitigation measure
Ownership
District S.N Substations Place Social Environmental
Name Category No
significant impact in
Livelihood.
52
*OFFICIAL USE ONLY
Land
Municipality & Ward Mitigation measure
Ownership
District S.N Substations Place Social Environmental
Name Category No
53
*OFFICIAL USE ONLY
Land
Municipality & Ward Mitigation measure
Ownership
District S.N Substations Place Social Environmental
Name Category No
significant impact in
Livelihood. .
54
*OFFICIAL USE ONLY
Sl.
Component Description
No.
Construction of 33kV supply lines and 33/11kV substations (including upgrade of existing
1 Component 1
facilities where needed).
Construction of 11kV lines, distribution transformers, low-voltage (LV) supply lines including
2 Component 2
consumer connections.
Component 1: Construction of 33kV supply lines and 33/11kV substations (including upgrade of
existing facilities where needed).
This component comprises activities relating to the construction of new primary substations,
facilitating the enhancement of the distribution network. It consists of extension to the 33kV
network providing supply to the new 33/11 kV substations and the construction of these
substations and related facilities. In some instances, where needed, the existing 33kV lines
would be augmented by the increase of conductor size or number of circuits.
Component 2: Construction of 11kV lines, distribution transformers, low-voltage (LV) supply lines
including consumer connections.
This component comprises activities related to the new power distribution facilities required to
bring the power supply to the ultimate consumers. It consists of new 11kV feeders, installation
of distribution transformers, development of the LV network and service connections to
consumers.
This component focuses on improving the capacity of NEA’s distribution planning and
analyzes the network performance of the proposed project components. This component will
also independently supervise and monitor the PIU needed for project implementation.
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The biodiversity sensitivity area such as Banke national park, Bardiya national park, She-Phuksundo
national park, Rara national park, Khaptad national park and Apinappa reservation area lies in sub-
project districts. However, the distribution line and substation does not lie in these sensitive areas and
does not have major impacts in biodiversity. The project area mostly lies in hilly reason which as
susceptible to land slide and erosion due fragile nature of hill.
The E&S risks associated with sub-projects may involve influx of labour for construction activities.
Labour working conditions, therefore, has potential impacts on physical, cultural and social
environment. Moreover, there are risks related to transportation and access roads near sites (although
access roads are not anticipated at this time). This aspect will be taken into account during the
assessment process for each sub-project.
In terms of DSUEP sub-projects, adverse environmental impacts are anticipated to be temporary in
nature, like labour camps and contractor camps. Landslide, soil erosion, safety hazards, construction
disturbance, disposal of debris, worker health and safety and irritation from dust and noise in the sub-
project site are some of the impacts which occur during the construction stage -with short-term
negative impacts. These impacts can be minimized to an acceptable level in accordance with the
Financiers’ safeguards and good environmental practices. The above adverse impacts are separately
listed in environmental and social category.
Environmental & social Issues
The following issues are largely foreseen –
• Terrestrial habitat alteration
• Aquatic habitat alteration
• Hazardous Materials
• Electric and magnetic fields
• Forest and wildlife disturbance
• Landslide
• Erosion
• Impact on community and leasehold forests
• Impact on places of cultural and archeological importance
• Environmental issues related to labour mobilization
• Live power lines
• Working at height
• Exposure to chemicals
• Electrocution
• Electromagnetic interference
• Visual amenity
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• Noise
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The education and healthcare facilities in rural areas is not as good as in urban areas. This is mainly
due to lack of proper infrastructure and availability of electricity required for the operation of necessary
equipment.
As there is no access to electricity, currently the students in these areas lack the awareness of
technological changes brought about in the last few decades. Computer skills have become
fundamental and basic for students elsewhere. However, students in the project lack these skills
because their villages have been hitherto unconnected to the national grid.
Similarly, in healthcare sector many technological innovations such as X-ray machines, sonograms,
MRI machines, etc. are being used in the urban areas. However, people in rural areas do not have
such access, and in many cases, this results in fatality. This is the unfortunate consequence of lack
of proper health instruments due to lack of access to electricity.
Enhanced Productivity
Nepal is rich in resources such as natural herbs, agricultural products etc. which are the raw materials
for the pharmacy industry. These materials are found in abundance in rural areas. Due to lack of
industries for processing the raw material into finished product which can be sold to urban centers,
the resources are not being utilized.
Adverse Impacts
Physical Impacts
Construction Phase - Land Use Change
The line and substation construction will require NEA to acquire the land and change its use type.
Construction in agricultural land shall change its utilization from agriculture to buildup area. On an
average the distribution line and substation will require 2000 Sq.m/Km and 4000 Sq.m respectively.
• The area below distribution line will be clear and vegetated area will be clear,
• Similarly, construction of substation on agricultural land and access road to substation will
convert the agricultural line into built up area.
Construction Phase - Land Pollution
Land pollution as discussed here, is the consequence of soil erosion, landslide, stockpiling of
construction material on temporary land, waste and spoil disposal. The impacts on the land due to
implementation of sub-projects are:
• The foundation excavation works will disturb the soil and rock condition of limited areas.
• The excavation for poles as well as substation foundation may lead to soil erosion and siltation
issues in the vicinity. Besides the clearance of forest areas might involve erosion and siltation
contaminating the nearby water bodies.
• Haphazard storage of construction material like storage of sand and gravel over fertile land
will reduce the fertility of land
Construction Phase - Losses of standing crops
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The construction of lines and stringing of distribution line will cause disturbance to the agricultural
produce due to reduced productive land. This will affect farmers and their income. Operation of
construction activities during cultivation period will damage the crop and hamper farmer economy.
Construction Phase - Impact due to land stability and soil erosion
Particularly construction of distribution lines and substation require excavation works. Construction of
distribution lines on hilly slope area may destabilize the slope which shall trigger landslides due to
percolation of rain water through loosened excavated earth. Further, the soil will be more prone to
erosion due to rain, wind after excavation activity.
Construction Phase - Earthquake stability of line and substation location
Nepal is one of the most earthquake -prone countries. Earthquake can occur at any time and lack of
proper or timely precaution might cause large scale damage of physical structure and life. Any
structure (line or Substation) construction in hilly slope increases the surcharge load in the land so
any small shaking of land might cause sliding and damage of structure
Construction Phase - Impact due to stockpiling of construction material on temporary land
Unmanaged and haphazard stockpiling of construction material during construction period on
temporary land will cause adverse impact on the land environment since the soil composition may
change in presence of cement etc. Stockpiling of construction material in fertile land will degrade the
fertility value and reduce the agricultural production level. Such as storing of construction material like
sand, gravel, cement etc. on the fertile land will form a layer of deteriorate material will over the
previous fertile land and will affect the root of plant. Further, the store material will be sweep by the
rainwater and deposit on the low land and natural stream. Which block/reduce the flow of natural
stream?
Construction Phase - Impact due to waste disposal
Construction activities will produce the different waste material such as construction debris, solid
waste from camp site. The nature of waste will be different on the basis of source. Construction wastes
are mainly non-biodegradable solid waste and waste from camp sites are mainly decomposable.
• Haphazard disposal of construction waste will degrade the soil value and production level.
• The distribution wires, fittings, metals will cause injury to the local people if thrown
haphazardly on the road and field.
• Unmanaged disposal of solid waste from camp site will cause water pollution, nuisance etc.
Construction Phase - Air Pollution
Dust particles are likely to be emitted during excavation for foundation works and breaking activities.
Furthermore, the movement of vehicles for the hauling of materials and supervision works will also
affect air quality of the project area. Since most of the area of distribution line and substation is
accessible only by rural road and use of equipment is also minimum, the likely impact on air quality is
insignificant.
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Biological Environment
Construction Phase - Impact on Vegetation
When distribution lines pass through forest land, trees lying within the RoW need to be clear for
sustainable operation and easy in maintenance. The clearance of RoW will cause loss of vegetation
and trees.
Construction Phase - Possible collection of forest product for firewood and timber
The labour in the construction site and their dependents will increase the demand of fuel such as
wood for their use and timber for making temporary sheds. However, it is assumed that priority will
be given to local labour force which will reduce the fuel wood demand.
Construction Phase - Disturbance to wildlife and wildlife habitat
During construction period movement of labour and transportation of equipment and material at site
will create threat to the wildlife and disturb their movement near work site. Further clearance of trees
will reduce the availability of habitat for mammals and birds. The impact of loss or fragmentation of
habitat varies in different animals.
Construction Phase - Habitat fragmentation
The degree of impact on wild animals depends entirely on the species present, forest type and
abundance of food. Clearance of vegetation within RoW will create the break line and divide the forest
which will disturb their movement across the distribution corridor and break their natural route.
Construction Phase - Rare, endemic, threatened, endangered, protected plants due to site
clearance
No significant impact is expected on rare, endemic, threatened, endangered, protected plants due to
site clearance during construction period of the proposed project. This has been confirmed during
baseline survey.
Construction Phase - Impact on aquatic life
No significant impact is expected on natural habitats and communities due to construction of the
proposed project as there is no water in dry season as well the construction work is not carried out in
the rainy season.
Construction Phase - Forest fire hazard
The project area and the vicinity have a thick and dense forest which are prone to forest fire. Similarly,
the current carrying wire shall be have high chances of lightning. Improper precaution against lightning
shall damage the distribution line and cause fire.
2.4.7 Mitigation Measures
Beneficial impact enhancement measures
With the implementation of DSUEP the local rural people of province 5, 6 and 7 will be benefited. Key
benefits are - rural electrification, employment opportunity, income generation, opening of new small-
and large-scale industry, enhancement of education and health sector, operation of industry etc.
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DSUEP shall give priority to local workforce while selecting labor for the project. This will increase the
employment of local people. The availability of jobs at local level shall garner local support for DSUEP.
This is essential for the sustainability of any project. The job opportunities will increase their income
level and enhance their living standards.
DSUEP will provide the equipment operation training which will be used in project which will further
help to enhance the technical skill. The knowledge of distribution line and substation construction form
DSUEP will help the skill people to get job in for similar other projects.
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• The construction material stockpiling yard will be identified before start of construction
activities and will be approved by site engineer
• The selected yard site will be barren land as far possible
• The land for storing the construction material shall be far from the agriculture land and water
bodies
• Prior permission from the local stakeholders shall be taken before commencing the stockpiling
of material
• Construction materials shall be covered with tarpaulin during stockpiling to prevent rain water
and dust emission generated from the stockpiling site. It should be encircled with side barriers
and cover so that incidence of mix up with deleterious materials is imminent
• Stockpiles shall be kept wet by sprinkling water or covered so that erosion by wind causing
dust does not occur
• Haphazard disposal of construction materials shall be strictly prohibited
Construction Phase - Impact due to waste and spoil disposal
Careful management of waste produced from construction activities and camp site is very essential.
Chances of erosion of spoil during rainy season is high due to flooding. This may damage the
agriculture land and also deposition of spoil in water sources affects aquatic life. Following mitigation
measures shall be followed to mitigate the likely impacts –
• The Contractor shall prepare a detailed site-specific Environmental Management Plan (EMP)
including suitable disposal locations for spoils/wastes and that shall be approved by the
Supervision Consultant
• Locations for disposal will be selected with the consent of local community, RMS
representatives, and the sites shall be located at least 1 km away from the settlements,
schools, hospitals, religious and cultural sites, water sources including other sensitive areas
from environmental point of view
• The Contractor shall use such spoils/wastes for construction purposes as far as possible
• Proper drainage facility shall be provided around spoil disposal site
• Similarly, waste from camp site will be properly managed and disposal in river and open
ground will be prohibited and shall be monitored
• Pit toilet facility will be provided at camp site and open defecation will be prohibited
• The organic solid waste from camp site will be decomposed in compost bin or by constructing
pit ground and covered by the sufficient thick layer of soil
• The un-decomposed solid waste will be managed by the contractor and will not be allowed to
seep through in water sources, forest land, agriculture land, etc.
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*OFFICIAL USE ONLY
• Some noise is also expected in the substation area but will be within the permissible limit
• Transformers usually produce some moderate noise in the substation area, though it is
generally less than 85 decibels, the overall magnitude is insignificant.
Operation & Maintenance Phase - Impact due to interference of 33 kV, 11 kV and LT distribution
line with road, other lines and infrastructure
The infrastructure particularly road, building along the 33 kV, 11 kV and LT distribution line is
significant when the structure is constructed near the infrastructure. The following mitigation measures
shall be followed to minimize the impacts –
• 33 / 11 kV substation, 33 kV line, 11 kV line and LT line locations will be kept sufficiently away
from road edge - not to hamper the setback and sight distance.
• 33 / 11 kV substation, 33 kV line, 11 kV line and LT line locations will be away from water
source.
• While installing electric distribution lines of more than 11 kV across the road in a densely
populated area, the double insulator system shall have to be used
• No electric wire shall be carried above the house
Operation & Maintenance Phase - Electromagnetic fields hazards
Electric and magnetic fields known as electromagnetic field (EMF) are created by the presence of
voltage and current near to the power apparatus in a substation. The height of distribution lines will
be made sufficiently high to ensure the proper ground clearance and away from structure to minimize
the chance of EMF hazard.
Table 15 - Minimum distance which ought to be from the wire to the house and tree
2 From 11 kV to 33 kV 2.00
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Biological Environment
Construction Phase - Impact on Vegetation
During construction of 33 / 11 kV substation and distribution lines, the following measures will be
considered to minimize the impacts on vegetation:
• To the extent of possibility, 33 / 11 kV substation location and the distribution line route will be
selected on barren land to minimize the need for vegetation losses
• Different alternative routes will be studied and the route with minimum requirement of tree losses
will be selected
• The losses of trees and vegetation shall be compensation as per the prevailing rule of 1:10.
• The prior clearance approval from Department of Forest (DoF) in coordination with District
Forest Office (DFO) and Community Forest User Group (CFUG) will be taken as per Forest Act.
• Only the trees lying on the distribution line route and 33 / 11 kV substation location as needed
and approved by DoF will be cleared and the work will be monitored by the DFO, CFUG,
supervision consultant or agencies.
• Unnecessary movement of vehicles in the forest land will be prohibited.
• Wood and other forest products extracted as part of the site clearance from the forest will be
handed over to the concerned forest user groups / DFO office.
Table 17 - Plant Species and Forest products protected under the Forest Regulations, 1995 (amended 2001)
S,N. Botanical Name of Forest resource Vernacular Name IUCN Status CITS Code
Species banned for collection and export
1 Dactylorhiza hatagirea Panch Ounle II
2 Picrorhiza scrophulariiflora Kutki
3 Juglans regia (bark) Okhar
Species banned for export without processing
1 Abies spectalilis Talis patra
2 Cinnamomum glaucescens Sugandhakokila
3 Cordyceps sinensis Yarsa gomba
4 Lichen species Jhyau
5 Nardostachys grandifloral Jatamansi
6 Rauvolfa serpentina Sarpagandha, (harbaruwa) VE II
7 Taxus buccata sub-sp. Wallichiana Loth salla
8 Valerina jatamansii Sugandabala II
Timber tree banned for felling, transportation and export
1 Acacia catechu Khayer
2 Bombax ceiba Simal T
3 Dalbergia latifolia Satisal
4 Juglans regia Okhar
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S,N. Botanical Name of Forest resource Vernacular Name IUCN Status CITS Code
5 Michelia champaca Champ
6 Petrocarpus marsupium Bijaya sal E
7 Shorea robusta Sal, Sakhuwa
* Products processed in the country can be exported with special permission from the MFSC. IUCN Threat
categories: E = endangered, T = threatened, V = vulnerable.
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• The hunting activities will be done for meat so the required food product will be supply from
market by the contractor on need basis.
• To aware the contractor to prevent labor from hunting and trapping of wildlife appropriate
clause will be mention in tender document (contract document).
Operation & Maintenance Phase - Habitat fragmentation
The impacts will be significant if the area along the line route will be cleared completely and the line
passes through national park and dense forest which are habitats of various wild species.
• Attempt shall be carried out to minimize the clearance of trees and vegetation
• The cables/ wires / conductors can be strung in horizontal and vertical alignment. Poles will
be used instead of towers which required less land coverage
• The cleared space can be planted with small shrubs which will link the forest on both side of
RoW
Operation & Maintenance Phase - Rare, endemic, threatened, endangered, protected plants
and animals due to site clearance
National parks, conservation areas, wetland and dense forests are the habitat of rare and endangered
species. Once disturbed, habitat may not be again used by the wildlife and forces the species to
migrate which affects ecosystem of that particular area. To minimize the impacts following measures
will be adopted:
• The distribution line will not be passes through wildlife sensitive area like national park,
wetland, conservation area etc.
• The habitat of wild animal will be avoided.
Operation & Maintenance Phase - Impact on aquatic life
The impact will be caused due to erosion of excavated spoil by the rain water and deposited in the
river bed. Siltation problems is more significant when distribution line is near water bodies and
management of spoil is not effective.
• The labor force will be prohibited for fishing activities.
• The flow of mud and spoil form construction site shall be properly checked by the construction
of proper sized drain.
• Similarly, the excavated spoil should be immediately removed from site and dumped at
identified location.
Operation & Maintenance Phase - Forest fire hazard
During dry seasons, dry leaves of this vegetation may catch fire from a small fire like match stick or
cigarette butts. This could create immense fire hazard. Therefore, any fire related activities inside
forest shall be prohibited.
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Similarly, the cable carrying electricity may be struck by lightning and cause fire hazard in the forest
area. Therefore, to minimize the impact all kinds of metallic supports under high voltage system will
be permanently and effectively earthed by using perpetual earth wire.
Further, there may be sparkling due to leakage of current and the catching of these spark by the dry
leaves and grass may initiate forest fire. To minimize the effect minimum recommended clear distance
between the phase will be maintained as per NEA standards tabulated as follows –
S. No. Standard of voltage of electricity Vertical distance between two adjacent phase (m)
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2.5.6 Others
The other issues likely to occur in the sub-project areas are - change in demographic profile due to
the contractor employee increase, business by the project activities. The healthcare and safety issues
will be raised mainly in sub projects construction phase All of the above issue shall address by the
preparing Abbreviate/Resettlement Action Plan (A/RAP), Indigenous Peoples Development Plan and
Vulnerable Community Development Plan (VCDP). The other local issue will be address through
Grievance Redress Committee (GRC). Land acquisition process shall be followed. SIA will be carried
out properly. Grievance redress mechanism shall be established as per the recommendation by
ESMF. Information will be disclosed timely. Meaningful consultation will be conducted with concern
stakeholders. Land Acquisition Resettlement and Compensation (LARC) process shall be followed
as per GoN and Financiers’ requirements.
Impleme Monitoring
Standard
Impact/ Issue Mitigation measure Time ntation Authority
Guideline
Agency Agency
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Impleme Monitoring
Standard
Impact/ Issue Mitigation measure Time ntation Authority
Guideline
Agency Agency
Technical
• Case by case assessment Construction
Impact on assessment,
phase
community • Compensation preparation of NEA/PIU NEA/Consultan
infrastructure report/plan /ESMU t
• Reconstruction and
and utilities and
rehabilitation
implement
Impact on
• Case by Case Study Prepare
aesthetics,
Separate NEA,
places of • Approval from Department of Construction NEA/PIU
technical Department of
cultural and Archeology phase /ESMU
assessment Archeology
historical
• Reconstruction report/ plan
importance
Gender and • Contractor shall give priority Contract During the NEA,
documents Contract
Vulnerable to gender equity in providing construction Consultants,
ESIA EMP ors
community employment including PAPs and operation Contractors
Child labour
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Impleme Monitoring
Standard
Impact/ Issue Mitigation measure Time ntation Authority
Guideline
Agency Agency
All of the above issues shall be addressed by preparing Abbreviated/Resettlement Action Plan
(ARAP) and Indigenous People Development plan / Vulnerable Community Development Plan (IPDP
/ VCDP). The other local issues shall be addressed through Grievance Redress Committee (GRC).
Land acquisition process shall be followed. SIA will be carried out properly. Mechanism shall be
established properly. Information will be disclosed timely. Meaningful consultation will be conducted
with concern stakeholders. Land Acquisition Resettlement and Compensation (LARC) process shall
be followed properly.
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Constitution of Nepal
The Constitution of Nepal is the main document that secures the right of people. It guarantees the
fundamental rights of all citizens of Nepal, including the enjoyment of rights, privileges and immunities
with regard to life, liberty and property. Article 30 of the Constitution of Nepal has provided that –
1) Every citizen shall have the right to live in a clean and healthy environment
2) The victim shall have a right to obtain compensation, in accordance with law, for any injury caused
from environmental pollution or degradation
3) This Article shall not be deemed to prevent the making of necessary legal provisions for a proper
balance between the environment and development, in development works of the nation
Article 18. Right to equality (1) All citizens shall be equal before law. No person shall be denied the
equal protection of law. (2) No discrimination shall be made in the application of general laws on
grounds of origin, religion, race, caste, tribe, sex, physical condition, condition of health, marital status,
pregnancy, economic condition, language or region, ideology or on similar other grounds. (3) The
State shall not discriminate citizens on grounds of origin, religion, race, caste, tribe, sex, economic
condition, language, region, ideology or on similar other grounds. Provided that nothing shall be
deemed to prevent the making of special provisions by law for the protection, empowerment or
development of the citizens including the socially or culturally backward women, Dalit, indigenous
people, indigenous nationalities, Madhesi, Tharu, Muslim, oppressed class, Pichhada class,
minorities, the marginalized, farmers, labour, youths, children, senior citizens, gender and sexual
minorities, persons with disabilities, persons in pregnancy, incapacitated or helpless, backward region
and indigent Khas Arya.
Article 25 Right relating to Property, states that “(1) Every citizen shall, subject to law, have the right
to acquire, own, sell, dispose, acquire business profits from, and otherwise deal with, property.
Provided that the State may levy tax on property of a person, and tax on income of a person in
accordance with the concept of progressive taxation. Explanation: For the purposes of this Article,
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"property" means any form of property including movable and immovable property and includes an
intellectual property right. (2) The State shall not, except for public interest, requisition, acquire, or
otherwise create any encumbrance on, property of a person. Provided that this clause shall not apply
to any property acquired by any person illicitly. (3) The basis of compensation to be provided and
procedures to be followed in the requisition by the State of property of any person for public interest
in accordance with clause (2) shall be as provided for in the Act. (4) The provisions of clauses (2) and
(3) shall not prevent the State from making land reforms, management and regulation in accordance
with law for the purposes of enhancement of product and productivity of lands, modernization and
commercialization of agriculture, environment protection and planned housing and urban
development. (5) Nothing shall prevent the State from using the property of any person, which it has
requisitioned for public interest in accordance with clause (3), for any other public interest instead of
such public interest."
Article 42 Right to social justice (1) The socially backward women, Dalit, indigenous people,
indigenous nationalities, Madhesi, Tharu, minorities, persons with disabilities, marginalized
communities, Muslims, backward classes, gender and sexual minorities, youths, farmers, labour,
oppressed or citizens of backward regions and indigent Khas Arya shall have the right to participate
in the State bodies on the basis of inclusive principle.
Further, Article 51(g) describes policies relating to protection, promotion and use of natural resources,
inter alia, includes proclamation to protect, promote and make environmental friendly and sustainable
use of forests, wildlife, birds, vegetation and biodiversity, by mitigating possible risks to environment
from industrial and physical development, while raising awareness of general public about
environment cleanliness, to maintain the forest area in necessary lands for ecological balance, to
adopt appropriate measures to abolish or mitigate existing or possible adverse environmental impacts
on the nature, environment or biological diversity, to pursue the principles of environmentally
sustainable development such as the principles of polluters pays, of precaution in environmental
protection and of prior informed consent.
The Environment Protection Act 1997 has provisions to institutionalize the integration of
environmental aspects in development projects including energy sector, and empowers the Ministry
of Population and Environment (MoPE) to approve EIA report. In terms of IEE level study, the line
Ministries, which is the Ministry of Energy (MoEn) for the proposed sub-projects, is authorized to
approve the Final IEE Report.
Realizing the interrelationship between development and the environment, the EPA shows concerns
for minimizing the impacts of environmental degradation and its effect on people, animal, and plant
species and their physical surroundings. The Act obliges the proponent to undertake IEE and EIA of
proposal, plans or projects, which may cause changes in existing environmental condition and
authorizes the MoPE to clear all EIA and line ministries for IEE study. It empowers the ministry to
prohibit the use of any matter, fuel, equipment or plant, which has adverse impacts on the
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environment. The Act has provisions to compensate affected persons influenced from polluting
activities and polluters or liable persons for environmental and private property damage are
responsible to provide compensation. The Act empowers GoN to provide additional incentives to any
industry, occupation, technology or process, which has positive impacts on environmental
conservation. Moreover, it has provision to establish an Environmental Protection Fund to be used for
environmental protection, pollution control and heritage conservation, and provides authority to the
government to declare specific areas as environmentally protected area.
The Environment Protection Rule 1997 has been enforced in the process of implementing EPA 1997
effectively. EPR has provisions on the process to be adopted during the preparation and approval of
projects that requires EIA and IEE, which includes preparation of scoping document, Terms of
Reference (ToR), requirement of information dissemination, public consultation and hearing, and
environmental monitoring and auditing. The EPR has provisions to conduct public consultation prior
to the preparation of scoping document and ToR and to carry out public hearing prior to the approval
of EIA Report. The EPR empowers line Ministry to monitor the environmental activities including
mitigation measures and the MoPE for environmental auditing. For IEE, the line Ministry is authorized
to approve the Final IEE Report. The EPR also lists the types of development activities that require
IEE or EIA. Moreover, EPR provides an outline of content of Terms of Reference, IEE and EIA Report.
Schedule 1 and 2 of Rule 3 of EPR 1997 details out proposal requiring IEE and EIA level of studies
respectively. IEE should be carried out for projects involving deforestation, clearing or forest area up
to 5 hectares.
Any person or corporate body who wants to conduct survey for generation, transmission or distribution
of electricity over 1000 kW is required to obtain a license under Section 3 of the Electricity Act 1992.
Majority of sub-projects will not be larger than 1000 kW, thus applications will not be required for them.
However, certain information must be provided to the prescribed officer for the sub-projects having
capacity from 100-1000 kW before generating, transmitting or distributing hydro-electricity. Under
Section 3 of the Electricity Regulation 1993 the following particulars must be provided –
• Whether the water resource to be utilized has already been utilized by another or not, if so,
particulars of the same
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The Electricity Act of 1992 has provision of land procurement for the development of projects that
involve electricity generation, transmission or distribution. The Act states that the licensee may submit
an application to GoN to purchase the land or house of any person if it is required for the generation,
transmission or distribution of electricity. Upon the receipt of such an application, GoN may make the
land or house, so requisitioned, available to any corporate body under the prevailing laws.
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and damage incurred by persons being compelled to shift their residence or place of business
due to land acquisition.
Land Revenue Act 1977
Land acquisition for the project involves change of ownership of land. Article 8 of this act states that
registration, change in ownership, termination of ownership right, and maintenance of land records is
done by Local Land Revenue office. Similarly, article 16 affirms, if land revenue is not paid by the
concerned owner for long period of time, the revenue can be collected through auction of the parcel
of land for which revenue has been due. In any case, the details of land acquisition and ownership
transfer involved during acquisition and payment of compensation are directly or indirectly guided by
this act.
The Labor Act 2074 (2017) has set out the duties of employer towards workers which include making
appropriate safety and health arrangement, arrangements ensuring no adverse effect on workers
from use, operation, storage or transport of chemical, physical or biological liquids, disseminating
necessary notice, information and training related to safety and health arrangements. On top of this,
the act has made provisions of medical and accidental insurance, defined the working hours,
enumeration and leave etc. for employee.
The Forest Act, 1993 recognizes the importance of forests in maintaining a healthy environment. The
Act requires decision makers to take account of all forest values, including environment services and
biodiversity, not just production of timber and other commodities. The basis of Act is resource oriented
rather than use oriented.
The Forest Act, 1993, contains several provisions to ensure the development, conservation,
management and sustainable use of forest resources, based on approved work plan. The work plan
should contain a list of activities that should be implemented in the different forest categories - national
forests, community forests, leasehold forests, private forests, and religious forests. Section 23 of the
Act empowers the government to delineate any part of the national forest, which has ‘special
environmental, scientific or cultural importance’, as a protected forest. Section 49 of the Act prohibits
reclaiming lands, setting fires, grazing cattle, removing and damaging forest products, felling trees of
plants, wildlife hunting and extracting boulders sand and soil from the National forest without the prior
approval. However, the government may enforce Section 68 of the Forest Act to provide parts of any
type of forest for the implementation of a national priority plan with the assurance that it does not
adversely affect the environment significantly. As provisioned under the Act, while clearing the forest
on the RoW of road, the implementing authority will co-ordinate with the District Forest Office. If
necessary, the compensatory re-plantation will also be carried out at the rate of 1:25 under the
provision of the Act.
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The Forest Rules 1995 further elaborate legal measures for the conservation of forests and wildlife.
The Rule also stipulates that the entire expenses for cutting and transporting the forest products in a
forest area to be used by the approved project shall be borne by the proponents of the project.
Soil and Watershed Conservation Act makes provision to control floods landslides (watershed
conservation rules, 1985). The watershed conservation office is authority and district watershed
conservation committee must implement watershed conservation practices and public participation
for soil and land protection.
As per the act, ‘Plant’ means all living or dead plants or part thereof and it includes stem, branch,
corm, bulb, tubers, barks, root, leaf, fruits and seed. The act Prohibit the importation of any plant or
plant product from any country, unless found necessary. A person who desires to export or import any
plant or plant product, should submit an application to the plant quarantine officer.
The Child Labor (Prohibition and Regulation) Act 2000 is the main legal document to prohibit the
engagement of children in laborious activities and to make necessary provisions with regard to their
health, security, services and facilities while engaging them in other activities.
Under the Section 3 of the Act, child having not attained the age of 14 years is strictly prohibited to
be engaged as a laborer. Section 3 of the act prohibits a child from engaging in work, sub clause 1 of
the clause 3 states “Nobody shall engage in work a child who has not completed fourteen years of
age as a labour and sub-clause 2 states “Nobody shall engage a child in a risk full occupation or work
set forth in the Schedule”. The section 4 states “Child not to be engaged in work against his will by
temptation or fear or pressure or by any other means”.
The Act is related for sustainable management of garbage and to minimize the negative impacts of
garbage on environments and public health. Chapter-2 section 3(1) of the act outline the responsibility
to conducts and operate the infrastructure required for the collection, final disposal, and processing
of solid waste, including construction of any transfer station, landfill site, processing plant, compost
plant, and bio-gas plant for the management of solid waste shall rest with the Local Body. Likewise,
section 4(2) define responsibility for the processing and management within the set standard of
harmful waste, health institution related waste, chemical waste or industrial waste shall be of the
individual or body producing such solid waste.
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According to the Ancient Monuments Preservation Act 1956 (5th amendment 2052), "Ancient
Monument" means temple, monument, house, abbey, cupola, monastery, stupa, bihar etc. which
have their importance above one hundred year, from the point of view of history, arts, science,
architectonics or art of masonry, and this word shall also mean the site of the monument as well as
the human settlement or place, and remnant of ancient human settlement, relies of ancient
monument, cave etc. having specific value from the national or international point of view irrespective
of the fact that such settlements or places are adjoining with each other or are separate in the same
area..
Section 1, Rule 3 of the acts prohibit for the treat and business of sample of endanger species.
However, Sub-Rule 2 of the Rule 3 has allowed for the export and import of endanger species for
certain circumstances mention under sub-rule after taking approval. The Section 5 of the acts state
the provision of punishment for the unauthorised import, export and provision mentioned in Section
3.
The Local Self Governance Operation Act 2017 empowers the local levels for the conservation of soil,
forest and other natural resources and implements environmental conservation activities. The Act
provides the local levels (current Municipalities and Rural Municipalities) a legal mandate to formulate
and implement programs related to protection of environment and bio- diversity.
The National Parks and Wildlife Conservation Act 1973 deals with the conservation and management
of wildlife and habitat. Any sub-project proposed in national parks has to comply with the provision
made in this Act. The Act restricts entry into national parks without prior permission of the concerned
authority. Article 5 of the Act prohibits hunting of animals or birds, building or occupying houses,
shelters or structures, occupying, clearing or planting or growing in any part, cutting, felling, removing
or overshadowing any tree and removing any quarry or any other activities in national parks. Under
the National Parks and Wildlife Conservation Regulation 1974, permission is required for entry into
designated national parks. Section 22 of the Regulation deals with the permission required to prepare
an inventory of plants and animals in national parks and wildlife conservation areas. Under Section 6
of the Wildlife Reserve Regulation, 1977, entry, construction of houses or sheds, clearance of forest
and forest products, quarrying and overnight stay in a reserve area is prohibited unless authorized in
writing by the relevant GoN authority. Section 11 of the Regulation restricts surveys and research
works in these areas without prior written approval. All vehicles and persons passing through reserve
areas are subject to security check.
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This act is made to provide for the establishment and operation of National Foundation for upliftment
of Adivasi/Janjati for social, economic and cultural development and for their equal participation in the
mainstream of national development. The act has further defined the Adivasi/Janjati in section 2
clause a as “a tribe or community as mentioned in the Schedule having its own mother language and
traditional rites and customs, distinct cultural identity, distinct social structure and written or unwritten
history”. The act also intends to formulate, implement or cause to be implemented the programme
necessary for promotion and preservation of the language, script, literature, history, arts, culture,
traditional skill and technology of the Adivasi/Janjati.
The Buffer Zone Management Regulation, 1996 has mandatory requirement to have permission of
Warden to carry out following activities within a buffer zone area:
• Occupying any land without legal ownership or cutting trees, clear forest or cultivate
forestland
• Any activity damaging forest resources or setting fire in the forest
• Excavating stone, earth, sand or mine or removing minerals, earth or other such materials
• Using any harmful poison or explosive substances into the river, stream or source of water
flowing in the buffer zone, and
• Hunting illegally and any act damaging to the wildlife.
Plans and Policies
Fourteenth Plan 2016-2019
The recent three years plan has emphasized on reducing dependence on conventional energy and
emphasizing promotion of renewable energy. While talking about environment protection, the plan
considered environmental management as an integral component of development related projects.
The plan has aim to increase the installed capacity of electricity to 3,301 MW and increase the
electricity coverage to 87%. Hydropower is defined as the main source of energy in the country and
planned for the development of large and medium scale hydropower and distribution lines.
The Plan has given emphasis in implementing different types of income generation supportive
programs targeting the poor and vulnerable people. It is also recognized in the Plan that some Dalits
being occupied as kami (blacksmith), damai (tailor) and sarki (cobbler) have suffered in recent years
from losing traditional markets for their products due to the increasing import of cheaper goods from
urban foreign markets. Towards solving this problem, it seems necessary to design and implement
different types of skill training programs aiming at specified groups.
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The main rationale of formulating Rural Energy Policy is to create conducive environment that will
self-motivate and mobilize local institutions, rural energy user groups, non- government organizations,
cooperatives and private sector organization for the development and expansion of rural energy
resources. The government will act as facilitator and promoter for involving private development and
expansion of new technologies. It has also envisioned subsidy provision for promotion of such
renewable energy technologies.
Nepal does not have a standalone plan and policy on vulnerable and indigenous people. However,
the groups potential to vulnerability such as children, elderly citizens, disabled, landless and small
farmers, women, Dalits and marginalized, aboriginal and ethnic groups etc. are covered under
different headings in the Tenth Plan, which has been reiterated in14th national plan (FY 2073/74 –
2075/76) too.
Some of the other related acts on various vulnerable communities are (i) National Foundation for
Upliftment of Adivasi/Janjati Act, 2058 (2002) (ii) Bonded Labour Abolition Act, 2058, (iii) Children
related Act, 2048 and (iv) Child Labour (abolition and regulation) Act, 2056. However, detailed plan
and policies on vulnerable communities in Nepal is yet to be developed particularly on involuntary
resettlement for the vulnerable communities.
National Environmental Impact Assessment Guideline, 1993 is the first formal guideline on
environmental study in Nepal. The Environment Protection Act 1997 and the Environment Protection
Rules 1997 are the legal documents, which have made the environmental protection as the legal
requirement in implementation of the development projects.
In the IEE process, Terms of Reference for the Study will have to be endorsed by the concern ministry.
With respect to 33 / 11 kV substations 33 kV lines, 11 kV lines and LT lines of sub-projects, the
concerned ministry is Ministry of Energy sub-projects, the concern ministry is MoPE. IEE study will
have to be carried out with the active participation of the stakeholders of the sub-projects which are
project affected people and the local institutions. People’s participation has been ensured not only by
15 days public notice in the national daily newspaper but also by making the deed of public appraisal
(muchulka) of the notice in the project area and the collection of recommendations from the local
bodies (RMs / municipalities).
In terms of the sub-projects that requires EIA level of study, the scope of work of the EIA study is
determined with the active participation of the stakeholders, which include the project affected people.
Publication of public notice in the national daily newspaper and collection of issues and suggestions
ensures the participation of the stakeholders in the scoping exercise. Based on the scoping exercise,
Terms of Reference for the EIA study is prepared and endorsed from the Ministry of Population and
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Environment. Endorsement of ToR is done through review committee that comprises number of
reputed environmentalists.
The EIA study will address four major environmental issues - physical, biological, socio-economic and
cultural. It suggests to identify the environmental parameters under these four environments, predict
and evaluate the impacts due to the project implementation at the different phases such as pre-
construction, construction and operation. Each of the identified adverse impact will have to be
mitigated or compensated whereas the possible and practical benefit enhancement measures will
have to be proposed for the beneficial impacts. Environmental Management Plan (EMP) is developed
to ensure the implementation of the proposed mitigation measures, which includes the implementation
mechanism of the proposed mitigation measures and environmental monitoring plan, responsibilities
and cost.
This policy intends to improve social and economic status of project affected families by providing fair
and adequate compensation, appropriate resettlement and rehabilitation assistances/allowances
while acquiring land for infrastructure development projects and projects of public interests. It has also
categorized the project as High Risk, Medium Risk and Low Risk based on magnitude of development
project impact. Similarly, it also envisaged about land acquisition process such as Voluntary Land
Donation, Direct Negotiation, Land development Programme and Expropriation, if land couldn’t be
acquired through any of these approaches, the required land will be acquired by providing
compensation and other benefits as per the provisions of the prevailing land acquisition act.
The main Guidelines are the National Guidelines (1993) developed by the National Planning
Commission in conjunction with IUCN which set out the process for environment review and
management of infrastructure projects in all sectors and the respective roles of GoN agencies and
project proponents. Schedules attached to the Guidelines include:
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The Forestry sector EIA Guideline is based on National EIA Guidelines and according to this guideline
IEE study is sufficient for the distribution line project which affects less than 5 ha area of National
forest or Community forest.
The guideline clauses 3 to 10 have specified various procedure and formats for getting approvals for
vegetation clearance, delineation of lands for vegetation clearance, evaluation of wood volume etc.,
and government offices and officials responsible for the approval. These provisions have a direct
relevance to the development of the projects and need compliance to these provisions.
The guidelines for inventory of community forests advise to classify the forests into timber trees; pole
sizes trees and regeneration on the basis of diameter. It has recommended using 20X25 m2 size of
quadrant for timber trees, 10X10 m2 for shrubs and 5X5 m2 for regeneration plots in the community
forests. Plants having DBH (diameter at breast height, i.e. 1.3 m above ground) greater than 30 cm
is considered as trees. Trees having DBH between 10 cm to 29.9 cm are categorized as poles and
plants having less than 10 cm DBH belong to regeneration species. Furthermore, an area with 50%
or more crown cover of timber species is classified as timber stratum.
This guideline has been prepared by including amendments of acts, rules by officials of government
of Nepal and related experts. Through these guidelines, persons involved in the development of
community forest like facilitators, user groups and others will get help to understand about the process
and stages of development of community forest.
Working procedures of forest related with the use of forest land for other purposes -
2007
This guideline has been prepared by including amendments of acts, rules by officials of government
of Nepal and related experts. Through these guidelines, persons involved in the development of
community forest like facilitators, user groups and others will get help to understand about the process
and stages of development of community forest.
The guidelines were prepared by Nepal Health Research Council (NHRC) for the sound management
of Health Care Institutional (HCI) Waste. This focuses on strategic issues –
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Guideline with the Criteria for using Land of National Forest for National Priority
Project (Rastrya Prathamikta Prapta Youjanako Lagi Rastrya Van Chhetra Prayog
Garne Sambandhi Mapdanda Sahitko Karyabidhi) 2076 B.S
As per rule 3 sub-rule 1 the concern ministry should select the project excluding the national forest as
far possible during feasibility study. As per rule 3 sub-rule 2, if the use of forest land cannot be
excluded then the project with minimum forest land acquisition or minimum vegetation clearance shall
be selected and the concerned ministry shall prepare EIA / IEE as per EPA and EPR. The concerned
ministry should take the approval from Ministry of Forest before approval of EIA. As per the rule 8, if
the project has to acquire the forest land permanently the project has to compensate the land not less
than acquired land near to the project area and in similar topography. However as per rule 9, if the
project is unable to compensate the land than the project can request the ministry with application
mentioning the reason and can compensate the equivalent amount.
As per rule 17 sub-rule 1, on receive of approval for clearance vegetation/tress the project has to clear
all the vegetation/trees on own cost and handover the vegetation/trees to the forest office. As per
sub-rule 3, the project has to planted tree sapling not less than 1:10 of clear the trees number.
The criteria were approved on 2069/12/02 for easing the government trees clearance procedure for
the development project, social beneficial etc. As per the clause 5, the trees on the government office
land can be cleared as per the recommendation by the committee, form as per the clause 10, and
approval of District Forest Office (DFO).
As per the clause 6, if the trees are found to be cleared for the protection of public life and property
from the land having no land ownership certificate and owned by the government offices,
Organization, Committee, Public the concern office can request the DFO for approval of clearance
and can clear on getting approval from DFO on their own cost. The tree product obtain form clearance
shall be transport and handover to DFO.
Similarly, as per the clause 7, if trees from the land owned by the Municipality, except forest land, the
project need to request the concern present RMP/Municipality for clearance and as per clause 10 a
committee will be formed to examine and evaluate the clearance. The committee after examination if
found necessary recommend DFO for clearance and the project can clear the trees on getting trees
clearance approval from DFO with complementary tree plantation at the ratio not less than 1:10 on
the land specify by the present RMP/Municipality.
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International Conventions
International Convention on Biodiversity 1992
The Parliament of Nepal ratified the International Convention on Biodiversity in 1993 to become its
party. The convention was enforced in Nepal on 21 February 1994. Article 14 of the Convention urges
Parties to introduce appropriate procedures requiring IEE of the proposed project that are likely to
have significant adverse effects on biological diversity with a view to avoiding or minimizing such
effects and, where appropriate, allow for public participation in such procedures. The convention also
focuses on reducing trans-boundary impacts on biodiversity.
Nepal became party to Convention on International Trade in Endangered Species of Wild Fauna and
Flora (CITES) in 1975 to control the trade of endangered wild flora and fauna to further endangering
of their survival. The Convention urges Parties not to allow trade in specimen of species included in
the CITES Appendices I, II, and III except in accordance with the provisions of the Convention.
Pursuant to Section 10 of the National Park and Wildlife Conservation Act 1973, the hunting of animal
protected under Schedule 1 is prohibited throughout Nepal. Most of these species are also listed in
CITES appendices. Under this Act, it is illegal to collect, obtain or keep any part of a dead animal
protected under Schedule1 without a certificate, and such goods are prohibited for sale, purchase or
disposal. Pursuant to Section 26, any person illegally killing, wounding, purchasing, selling or
transferring a protected animal, or keeping as a trophy, selling or purchasing any part thereof, will
incur a fine or imprisonment or both.
Nepal is signatory of ILO Convention on Indigenous and Tribal Peoples, 1989 (No.169) which deals
with the safeguard of indigenous people and their social interest. Similarly, United Nations Declaration
on the Rights of Indigenous Peoples was adopted by the United Nations General Assembly during its
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61st session on 13 September 2007. The non-binding declaration outlines the individual and collective
rights of indigenous peoples, as well as their rights to identity, culture, language, employment, health,
education and other issues. The UN describes it as setting an important standard for the treatment of
indigenous peoples that will undoubtedly be a significant tool towards eliminating human right violation
against the indigenous people and assisting them in combating discrimination and marginalization.
The General Environmental Health and Safety Guidelines2 contain information on cross- cutting
environmental, health, and safety issues potentially applicable to all industry sectors. The
Environmental, Health, and Safety (EHS) Guidelines are technical reference documents with general
and industry-specific examples of Good International Industry Practice (GIIP). When one or more
members of the World Bank Group are involved in a project, these EHS Guidelines are applied as
required by their respective policies and standards. These General EHS Guidelines are designed to
be used together with the relevant Industry Sector EHS Guidelines, which provide guidance to users
on EHS issues in specific industry sectors. The general EHS guidelines covers four different concerns;
Environment, Occupational Health and Safety, Community Health and Safety, and Construction and
Decommissioning.
2
http://www.ifc.org/wps/wcm/connect/topics_ext_content/ifc_external_corporate_site/sustainability-at-ifc/policies-standards/ehs-
guidelines
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• Special circumstances
• Information disclosure
• Consultation
Three associated mandatory environmental and social standards (ESSs) set out more detailed
environmental and social requirements relating to the following -
• Involuntary Resettlement
• Indigenous people
The detailed AIIB Bank’s policy and standards(ES & ESS1) can be found at
https://www.aiib.org/en/policiesstrategies/download/environmentframework/20160226043633542.pd
f
The Bank’s key principle require, that adverse impacts on livelihoods should be mitigated at an
improved level, or at minimum restored at the pre-project level for any loss incurred. To address
physical or economic displacements the preparation of an acceptable Resettlement Action Plan is
required, which should apply a due process of meaningful and culturally appropriate consultation and
participation, including that of host communities.
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Active consultation and participation are regarded as crucial and requires significant local ownership
and support through informed involvement. It also supports AHs in their rights particular concerning
entitlement rights in combination with GRMs. Therefore, public consultation is a basic requirement.
• Avoid and/or prevent forced evictions and provide effective remedy to minimize their negative
impacts should prevention fail.
• Ensure that any eviction which may be exceptionally required is carried out lawfully, respects
the rights to life, dignity, liberty and security of those affected who must have access to an
effective remedy against arbitrary evictions.
• Respect individuals’, groups’ and communities’ right to adequate housing and to an adequate
standard of living, as well as other rights that may be impacted by resettlement.
• Respect right to property of all project affected people and communities and mitigate any
adverse impacts arising from their loss of assets, or access to assets and/or restrictions of
land use whether temporary or permanent, direct or indirect, partial or in their totality. Assist
all displaced persons to improve, or at least restore, their former livelihoods and living
standards and adequately compensate for incurred losses, regardless of the character of
existing land tenure arrangements (including title holders and those without the title) or
income-earning and subsistence strategies.
• Uphold the right to adequate housing, promoting security of tenure at resettlement sites.
• Ensure that resettlement measures are designed and implemented through the informed and
meaningful consultation and participation of the project affected people throughout the
resettlement process.
• Give particular attention to vulnerable groups, including women and minorities, who may
require special assistance and whose participation should be vigilantly promoted.
Special attention should be paid to the rights of vulnerable groups which can include indigenous
people, ethnic minorities, women, migrants, the very young and the very old. In particular for
vulnerable groups the livelihoods are especially sensitive to socio-economic changes and their
dependency on access to essential services and participation in decision making.
• Affirm, respect, and protect the rights and interests of vulnerable individuals and groups within
the designated operational scope, throughout the project lifecycle. Such rights include the right
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to non-discrimination, the right to equal treatment between women and men and the rights of
indigenous peoples.
• Identify and avoid adverse impacts of EIB operations on the lives and livelihoods of vulnerable
individuals and groups, including women and girls, minorities and indigenous peoples. Where
avoidance is not feasible, to reduce, minimize, mitigate or effectively remedy impacts.
• Ensure that vulnerable individuals and groups are duly and early on identified in EIB
operations and that engagement is meaningful, taking into account individuals’ and
communities’ specificities, and delivered in an appropriate form, manner and language.
• Enable vulnerable groups, including women and girls, minorities and indigenous
EIB requires that projects in Nepal be consistent with the classification provided by EU legislation, as
well as the national environmental and social legislation and applicable international best practice.
ANNEX I
Construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more
than 15 km. These projects require an EIA in accordance to the EIA Directive (Directive 2014/52/EU
amending the EIA Directive 2011/92/EU https://ec.europa.eu/environment/eia/eia-legalcontext.htm)
ANNEX II
The following projects require information to be supplied to determine if an EIA is required or not:
• Industrial installations for carrying gas, steam and hot water; distribution of electrical energy
by overhead cables (projects not included in Annex I)
• Any change or extension of projects listed in Annex I or this Annex, already authorised,
executed or in the process of being executed, which may have significant adverse effects on
the environment (change or extension not included in Annex I)
Usually, all component I, II and III projects fall under the scope of Annex II. Extensions / and
rehabilitation of substations transforming the electric voltage does not fall under this project category,
unless the extension fits into the framework of the construction of overhead cables for distribution of
electrical energy.
For those projects that require information to be supplied to determine if an EIA is required or not, the
information should include:
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ANNEX III
Characteristics of projects
(c) the use of natural resources, in particular land, soil, water and biodiversity
(f) the risk of major and/ or disasters which are relevant to the project concerned, including those
caused by climate change, in accordance with scientific knowledge
(g) risks to human health (for example due to water contamination or air pollution)
Location of projects
b) the relative abundance, availability, quality and regenerative capacity of natural resources
(including soil, land, water and biodiversity) in the area and its underground
c) Absorption capacity of the natural environment, paying particular attention to the following
areas:
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The potential likely significant effects of projects on the environment must be considered in relation to
criteria set out in points 1 and 2 of this Annex, and having with regard in particular to the impact of the
project on the factors specified in Article 3(1), taking into account:
a) Magnitude and spatial extent of the impact (for example geographical area and size of the
population likely to be affected)
g) Accumulation of the impact with the impact of other existing and/or approved project
Based on the above the EIB would require each applicable component to have information supplied
to the EIB to screen if an EIA is required in accordance to the Bank’s Standards.
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A comparative analysis of the national laws, AIIB and EIB policies on involuntary resettlement/land
acquisition with identified gaps and limitations of the national legal and policy framework have been
analyzed. The main gaps and limitations of the national legal and policy framework are –
National law makes provision for compensation to the titled landholder only and, by default, omits all
other PAPs, including non-registered tenant farmers, landless farmers, squatters, agricultural
laborers, shopkeepers, artisan groups and Dalits.
National law does not make any provision for landless, encroachers or squatters regarding to the
entitlement for compensation. There is no provision for rehabilitation assistance for such vulnerable
groups.
When GoN requires assets, national law does not specify about the provision of mandatory
replacement cost.
The Land Acquisition Act, 1977 does not emphasize transparency and stakeholders' participation for
various decisions (Participation of PAPs especially in LA Act has no provision to participate in CDC
(Compensation Declaration Committee) that directly affect the long-term wellbeing of PAPs.
Lack of consideration of the apparent time gap between notification of acquisition and the payment of
compensation is another limitation of the existing legal framework.
Lack of consideration to acquired land of right of way (RoW) of 33/11 kV lines. The NEA has not been
practices to provide compensation in 33/11kV lines of RoW and pole/ location
Following are the policy recommendations to fill up the identified gaps and limitations –
A project affected person needs to be defined as a person or household whose livelihood or living
standard is adversely affected through loss of land, housing and other assets, income, or access to
services as a consequence of the implementation of the project, causing a change in land use.
Entitlements should be established for each category of loss covering both physical loss and
economic loss.
Special attention should be given to protect the interest of vulnerable groups. With a census date as
cut-off date, no fraudulent encroachments after this date should be considered eligible for entitlements
of compensation. Non-land assets should be compensated at replacement value. Support for
vulnerable groups should be provided to improve their livelihood.
Practical provisions must be made for the compensation of all the lost assets to be made at
replacement cost without depreciation or reductions for salvage materials. Efforts must be made to
assess the real replacement costs of land to the extent possible.
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There must be legal provision of PAPs and local representatives of Rural municipalities/Municipalities
for participation in settling the resettlement issues related to compensation and livelihood restoration.
First avoid RoW and pole impacts. Distribution line will follow existing right of way.
Livelihood restoration programs require becoming viable and sustainable. Thus, the Project will
implement for restoring PAPs’ incomes. The Program shall focus on immediate assistance and will
include the following (as provided in the Entitlement Matrix).
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Category GON Policy Financiers’ Policy The GAP Recommendations to Bridge Gaps
A. Development Project falling Environmental Assessment has to be carried out Activities listed in EPR Schedule In order to fill the gap between JFPs and
Environment under EPR criteria should be for identifying potential risks and adverse I, particularly cross sectoral GON requirements/approach,
subjected to IEE/EIA. According impacts, mitigation measures and environmental provisions related forest and environmental screening is must for each
(Natural
to EPR sectoral provision management plan. When natural habitat and investment limits is likely to subproject, and consider potential
Habitat, distribution line projects with forest policies are triggered Environmental requires an IEE, and those listed environmental risk: project Environmental
capacity less than 132 kV does assessment and environmental management in Schedule II requires EIA. The Screening Format includes this. An
& Forest
not required IEE/EIA. But cross plan (EMP) will adequately address the relevant Schedule I and II is based on Environmental Management Plan (EMP)
including sector provision: Forest sector issues. activity type, Potential risk is not shall be prepared for each contract during
and investment limits may attract formally considered for detail engineering design phase.
terrestrial and
IEE/EIA assessment, particularly screening.
The plan aims to address adverse
aquatic for above 132 kV new distribution
environmental impacts arising due to
line of Component 1. In case the
project intervention. The project will strictly
forest areas affected by 11 kV
follow re-plantation as per the ratio of
distribution line, which is very
plantation in the forest guideline 2006.
unlikely for the component 1,
Forest regulation requires
permission from related
authorities (DFO, CFUG etc.) for
any intervention in forested area.
Compensatory re-plantation 1:25
ratio is defined for projects.
National Park and Wildlife
Conservation Act, demands
permission from Ministry of
Forest and Environment. The
DSUEP is not affecting
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Category GON Policy Financiers’ Policy The GAP Recommendations to Bridge Gaps
B. Physical- Clause 28 of EPR states that Environmental assessment has to be carried out Chance find is not covered by the ESMP shall address such issues
physical and cultural resources in case such resources are found to be affected EPR requirements but is following GoN and WB policy.
Cultural
shall not be disturbed or by the subproject. stipulated in Ancient Monument
Resources damaged without the prior Protection Act.
approval of concerned authority.
C. Land and Clause 3 of this Land Acquisition Replacement cost for lost assets shall be The Land Acquisition Act of . Though chances are minimal, in some
Act states that any asset that is provided according to asset types and location. Nepal only provides for cash cases areas access to the project site
Structures
required for public purposes shall compensation based on degree may entail land acquisition for component
Resettlement and Rehabilitation assistance to
be acquired by providing of loss. It does not take into 1. Similarly, for 11 kV distribution s line
project affected people to enable them to
compensation. Compensation account vulnerability of the land may also have to be passed through
improve their living standard. As per JFPs
Fixation Committee will establish affected person. private property. roads right of way will be
community
the Compensation rates. used for distribution line.
assets need to be replaced in consultation with
Guthi Corporation Act, 2033
the community all those who are
(1976). Section 42 of this Act
states that Guthi (religious trust affected needs to be assisted including, tenants
land) acquired for a development and sharecroppers. Squatters and encroachers
must be replaced with other land, will be provided compensation at replacement
rather than value for their structures as well as other
assistances.
Land Reform Act (LRA) 2021
(1964). This Act establishes the
tiller's right on the land, which he
is tilling. The LRA additionally
specifies the compensation
entitlements of registered tenants
on land sold by the owner or
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Category GON Policy Financiers’ Policy The GAP Recommendations to Bridge Gaps
D. Indigenous The Interim plan encourages Ensures free, prior, and informed consultation Though GoN’s interim plan Project will carry out free prior informed
each development program to (FPIC) with the affected indigenous people to encourages development consultations with the indigenous
Community
incorporate infrastructure and obtain broad community support to the project. programs to incorporate income community and other vulnerable
income generation program Social Assessment will be carried out to identity generation schemes for IPs, communities to obtain broad consent for
targeted to indigenous potential effect and prepare plan to ensure that there is no mention of broad the project. Project will prepare
community. indigenous peoples receive social and economic consent from the IPs. At the Vulnerable Community Development Plan
benefits that are culturally appropriate. same time GoN has also ratified (VCDP) based on community needs of
ILO 169 and United Nations indigenous as well as other vulnerable
Nepal does not have a standalone policy on
Declaration of Rights of communities.
Indigenous Peoples and other vulnerable
Indigenous People (UNDRIP),
communities. These acts have been placed
and is in the process of
significant emphasis on delivering basic services
to the disadvantaged and indigenous people, preparing National Action Plan for
Dalits, women, disabled and other vulnerable implementation of these
groups international commitments
These acts and plans include policies for the
development of Adivasi/Janjati and other
disadvantaged groups:
creating an environment for social inclusion;
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Category GON Policy Financiers’ Policy The GAP Recommendations to Bridge Gaps
E. Loss of Compensation shall be provided Full compensation shall be provided Livelihood assistance shall be provided
for loss of crop damage/income for business losses (if any, land or access
Crops and
source. required during implementation shall be
Income
fully compensated.
Source
F. Screening Screening of the project is done Screening is done considering the nature, Screening of project shall be Detailed screening shall be conducted to
Guideline as per the Schedule I and II of location, sensitivity and scale of the project easily done using the GoN determine the level of risk
EPR 1997 based on the type, guideline;
nature and scale of the project.
whereas level of risk, impact and
nature need to identify to screen
the project as per Bank guideline.
G. As per the EPR 1997, project Category A and B project required ESIA to be GoN guideline clearly define the The ESIA study for Category A project
Environment falling in Schedule I required IEE prepared, but ESIA for category B project will be level of study required as per the shall be considered as equivalent to EIA
and Social to be prepared and approved by narrower than category A project. Similarly, screening. of GoN guideline. Similarly, ESIA study
Assessment concerned ministry. And project category C project does not require environment for Category B project shall be
falling in Schedule II required EIA and social assessment. considered as equivalent to IEE of GoN
to be prepared and approved by guideline
Ministry of Forest and
Environment
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Project screening is done to identify the impacts of project and its severity. On the basis of impacts
and severity the level of environment and social study such as EIA, IEE, ESMP etc. requirement
will be identified. Once the project is screened, the sub-projects will be categorized as per the
following:
Sub-projects under this category will not be funded and must be excluded from the project.
b) Sub-projects under this category are likely to have potentially significant environmental
impacts on ecosystem, natural habitat, cultural area such as National Parks, Conservation
Area, World Heritage Area, Recognized Cultural and Archaeological Area etc.
c) Sub-projects requiring EIA as per GoN and those classified as Category “A” under the
Financiers’ safeguard standards.
d) The Bank requires the Client to conduct an environmental and social impact assessment
(ESIA) or equivalent environmental and social assessment, for each Category A Project and
to prepare an ESMP or ESMPF, which is included in the ESIA report for the Project.
Sub-projects under this category are likely to have less significant and site-specific impacts, which
may include impacts to forest area, wetlands, or other natural habitat. As per GoN (EPR, 1997) the
project which passes through national and community forest and construction of distribution lines
with capacity more than 132 kV is categories as B. These sub-projects are typically classified as
Category “B” under the Financiers’ safeguard standards and will require either an Initial
Environmental Examination (IEE) with ESMP under GoN regulations, or a limited Environmental
and Social Impact Assessment (ESIA) with ESMP in accordance with the Financiers’ safeguard
standards.
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Sub-projects under this category are likely to have environmental risks and impacts that are easily
addressed through an ESMP, such as increased air emissions or noise pollution near village areas.
These sub-projects are typically classified as Category “B” or “C” under the Financiers’ safeguard
standards and require only preparation of a Due Diligence Report (DDR) with ESMP.
Sub-projects under this category are likely to have potentially significant social impacts and displace
50 or more families in the mountain region, 75 or more families in the hills, and 100 or more families
in the terai plains due to involuntary land acquisition. This includes both physical and economic
displacement. All project activities causing physical displacement shall be excluded from the
project. Additionally, any sub-project that needs an EIA according to GoN regulations shall be
classified as Category I and excluded from the project.
Sub-projects under this category have less significant and site-specific impacts and economically
displace less than 50 families in the mountain region, less than 75 families in the hills, and less than
100 families in the terai plains due to involuntary land acquisition (unless such impacts, in the
judgment of NEA / PIU, are exacerbated by other contributing factors). In these cases, sub-projects
are required to conduct a limited ESIA (including social baseline) and prepare an abbreviated RAP
and/or Indigenous Peoples Development Plan (IPDP) if needed. A sub-project may also be required
to prepare an IEE as per GoN regulations, which can be supplemented with a social assessment
as required by the Financiers’ safeguards. As per AIIB policy explicitly states that ARAP is only
applicable if affected persons are fewer than 200 people not physically and severally affect (loss
above 10% assets) are lost.
Sub-projects are likely to have minimal or no adverse environmental and social impact; does not
physically displace any family; and does not result in economic displacement of more than 10% of
productive assets for any family. A brief Environmental and Social Management Plan (ESMP),
including a RAP and/or IPDP if needed, shall be prepared. The Bank requirements for paragraph
12 of Category B, project is likely to have minimal or no adverse E&S impacts and E&S assessment
is mandatory project conduct the review of the E&S implements of projects.
Category IV
A Subproject is categorized FI if the financing structure involves the provision of funds to or through
a financial intermediary (FI) for the Project, whereby the Bank delegates to the FI the decision-
making on the use of the Bank funds, including the selection, appraisal, approval and monitoring of
Bank-financed subprojects. These subprojects are classifies as Category FI as per AIIB E&S
framework. Bank requires the FI Client, through the implementation of appropriate environmental
and social policies and procedures, to screen and categorize subprojects as Category A, B or C,
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review, conduct due diligence on, and monitor the environmental and social risks and impacts
associated with the Bank-financed subprojects, all in a manner consistent with this ESP.
As per the GoN rule, when the project does not fall under the projects mention in Schedule 1 and 2
of EPR, 1997 the project is categories as per financial structure. If the total project cost is between
NRs. 50 to 250 million, IEE is required for the project. Similarly, tf the total project cost is more than
NRs. 250 million, EIA is required for the project.
Environmental Impact Assessment (EIA) is a process of evaluating the likely environmental impacts
of a proposed project or development, taking into account inter-related socio-economic, cultural and
human-health impacts, both beneficial and adverse. As per GoN, EIA is mandatory for all project
falling within Schedule-II. As per the JFP’s policies, category A project require preparation of ESIA
which is equivalent to EIA. The impacts of the project have wider range outside project area also.
The impacts of the project will be irreversible, cumulative, diverse or unprecedented. ESIA shall be
carried out as per EIB’s Environmental and Social Standards. Whereve a comprehensive
environmental and social impact assessment is required, the promoter shall prepare an
environmental and social study that will, at a minimum, include:
• Current knowledge and methods of assessment, as well as the applicable laws and
regulations of the jurisdictions within which the project operates and that relate to
environmental and social matters. Gap analysis between the relevant national legislation
and standards and the applicable international framework
• The characteristics, technical capacity and location of the project, alternatives to the
proposed project and the extent to which certain matters (including the evaluation of
alternatives) are more appropriately assessed at different levels (including planning level -
using the outcomes of the SEA, if applicable), or on the basis of other assessment
requirements (e.g. biodiversity assessment, human rights impact assessment, etc.)
• The description of the baseline scenario – adequate and appropriate quantitative and
qualitative, primary and secondary data on the relevant aspects of the existing state of the
environment and social context and the likely evolution thereof without implementation of
the project, paying attention to any area of particular environmental and social importance
and the use of natural resources
• The description of the environmental and social aspects likely to be affected by the proposed
project11 and the assessment of the significance of the identified impacts based on clear
and predetermined criteria articulated in the assessment methodology
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• Assessment of the likely significant effects of the proposed project on environmental and
social aspects, including human rights, resulting from inter alia the existence of the project,
the use of natural resources12, the risks to human well-being, cultural heritage or the
environment, and the cumulation of effects with other projects and/or activities. The
description should cover the direct effects and any direct, secondary, cumulative,
transboundary, short-, medium- and long-term, permanent and temporary, positive and
negative effects of the project
• Description and justification of the measures foreseen to prevent, reduce and where
possible, compensate/remedy any significant adverse effects on the environment and
human well-being, and where appropriate any proposed monitoring arrangement or post-
project analysis as part of the overall promoter's environmental and social management plan
• Arrangements for grievance mechanisms and for steps that will be taken to ensure effective
access to remedy for affected stakeholders
• Description of information sharing, reporting and disclosure undertaken as part of the impact
assessment
• Assessment of the natural, man-made disaster and accidental risks to which the project
could be vulnerable and, where appropriate, descriptions of the measures foreseen to
prevent such risks, as well as measures regarding preparedness for and response to
emergencies (see Standard 9), to be included as part of the overall promoter's
environmental and social management plan
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IEE is environment assessment tools use to study the consequences of the project implementation
in the environment and its surrounding. As per GoN, IEE is mandatory for all project falling within
Schedule-I. For category B project, ESMP will be included in ESIA report. For category B only ESMP
(may also include IEE) is required. This shall contain all the required mitigation and monitoring
measures (including indicators to measure performance) to be implemented during construction,
operation and maintenance phases. The ESMP will specify the institutional responsibilities for
carrying out each measure or action as well as management arrangements, timelines, budget, and
required capacity building measures for their implementation. The ESMP will contain sub-plans as
appropriate to cover specific issues.
For minor level project which have minimal or no major environmental and social impacts, EMP will
be prepared as E&S study to predict and mitigate minor impacts. Project which does not lies in the
Schedule I and II of EPR, 1997 and Category C project as per JFP requires EMP to be prepared by
the consultant and approved by the client. The EMP includes mitigation measures, implementation
cost and organization responsible for implementation and supervision.
Resettlement Acton Plan (RAP) shall be prepared whether the DSUEP subprojects affected private
land and properties. All impacts will be identified and mitigate through land acquisition and
resettlement, of complying with GoN, EIB and AIIB requirements Laws and policies. The RAP shall
contain an inventory survey of physical and economically impacts, 100% census survey will be
conducted in affected household and populations, questionnaire is attached in Annexure 8. Review
of relevant legal policies, entitlement plans for livelihood restoration and resettlement, follow the
grievance redress mechanism established proper institutional arrangement and monitoring
mechanism. If impacts on the entire affected population are minor or less than 200 people are
affected (category B) an abbreviated resettlement action plan will be prepared. An outline of
Resettlement Action plan is given in Annexure 5. AIIB and EIB will review the RAPs for all
subprojects.
It is anticipated that sub-project areas will be inhabited by several indigenous communities classified
and officially recognized by the GoN, A social assessment will be carried out and based on which
an IPDP shall be prepared. It will contain measures to avoid or minimize adverse impacts and
maximize positive impacts on these communities. Vulnerable Community Development Plan
(VCDP) shall be prepared in the absence of IPDP.
The outline and concept of a Community Development Strategy will serve as basis for the
preparation of the Community Development Plan (CDP) for the 5 community development program
areas. The CDP will not be limited to the DSUEP affected households only, but also include non-
affected households, aiming at rehabilitation and complementary/new livelihood support measures.
The five areas are not limited to the RAP defined mitigation measures for PAHs, but extend its
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support for local socio-economic development to all villages in wards located in the DSUEP
subproject areas, so that all residents would have the opportunity to actively participate in the CDP
defined interventions for:
• Education.
• Gender.
• Local economic development (Livelihood promotion through Agriculture and forest related
activities).
3.4.1 Rationale
The rationale for this involuntary settlement policy originates from the fact that specific sub-project
sites and activities are yet to be identified to understand the exact nature and scale of their impacts.
Thus, this Resettlement Plan Framework (RPF) has been developed to guide detailed resettlement
planning to address land acquisition and resettlement impacts. This framework establishes the
involuntary resettlement and compensation principles, organizational arrangements and design
criteria to be applied to meet the needs of the people who may be affected by the DSUEP subproject
activities resulting due to land acquisition, assets or livelihoods, and/or loss of access to economic
resources.
3.4.2 Objective
• To avoid involuntary resettlement wherever possible
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• To improve the overall socio-economic status of the displaced poor and other vulnerable
groups
• Providing sufficient resources to enable the persons displaced by the project to share in
project benefits
Application
The sub-projects are not expected to have major impact on involuntary resettlement under any
components (33 / 11 kV substations 33 kV lines, 11 kV lines and LT lines) of the DSUEP sub-
project. However, the sub-project (33 / 11 kV substations 33 kV lines, 11 kV lines and LT lines) may
involve involuntary resettlement/land acquisition compensation process. Involuntary resettlement
will be limited to economic displacement which includes loss of land tree, crops, secondary
structures or access to land and natural resources; loss of income sources or means of livelihood
If adverse (l) impacts from subproject activities involving loss of land access to assets or resources,
such impacts are avoided first, or when avoidance is not feasible, they are at least minimized,
mitigated, or compensated for, through involuntary resettlement under DSUEP sub-projects. If
these impacts are found to be adverse at any stage of the project, the NEA/PIU is required to
develop resettlement action plan and implement to restore the livelihoods of affected persons to at
least pre-project level or better.
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Principles
• Involuntary land acquisition and resettlement impacts will be avoided or minimized carefully
in planning & designing stage of the sub-project
• In case it is not possible to avoid and minimize the involuntary land acquisition and
resettlement impacts, project will be accorded compensations and assistance/replacement
cost to PAPs for their resettlement, so that they shall be as well-off as without the sub-
project.
• Project team will fully inform and consult with PAPs during the design and implementation,
particularly land acquisition and compensation options.
• An absence of formal legal title to land will not be bar to compensation for house structures
and fruit/fodder/bamboo/crops etc. and attention will be paid to vulnerable groups and
appropriated assistance will be paid to them to improve their status.
• Land acquisition, compensation and assistance distribution will be completed before award
of civil work contract of sub-projects. The rehabilitation activities will continue in during
construction phase.
• Land acquisition and rehabilitation will be considered a part of sub-project and cost related
to resettlement will be included in the project cost.
Legal and policy framework related to involuntary resettlement and land acquisition
The resettlement principles adopted in this DSUEP Subprojects reflect the national Land Acquisition
(LA) Act (1977), Land Reform Act, the entitlement benefits as listed in the Draft National Policy on
Land Acquisition, Compensation and Resettlement in Development Projects in Nepal, AIIB, EIB
Safeguards Policy Standards. This Chapter outlines the GoN and the co-financiers’ policies, legal
requirements, and guiding principles under which this DSUEP subprojects will be prepared.
Constitutional Guarantees
Article 25 of the Constitution of Nepal, Right relating to Property, states that “(1) Every citizen shall,
subject to law, have the right to acquire, own, sell, dispose, acquire business profits from, and
otherwise deal with, property. Provided that the State may levy tax on property of a person, and tax
on income of a person in accordance with the concept of progressive taxation. Explanation: For the
purposes of this Article, "property" means any form of property including movable and immovable
property and includes an intellectual property right. (2) The State shall not, except for public interest,
requisition, acquire, or otherwise create any encumbrance on, property of a person. Provided that
this clause shall not apply to any property acquired by any person illicitly. (3) The basis of
compensation to be provided and procedures to be followed in the requisition by the State of
property of any person for public interest in accordance with clause (2) shall be as provided for in
the Act. (4) The provisions of clauses (2) and (3) shall not prevent the State from making land
reforms, management and regulation in accordance with law for the purposes of enhancement of
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It is the act to acquire land for the public purposes. Government can acquire land at any place in
any quantity by giving the compensation pursuant to the act for the land required for any public
purpose or for the operation of any development project initiated by government (Clause 3 and 4).
To decide the amount of compensation, there shall be a CDC chaired by CDO. CDC includes Land
Administrator or Chief of the Land Revenue Office, a representative of the Concern Municipally or
Rural Municipalities and Project Chief. CDC is the main responsible body to determine the
compensation of land. It has full authority to determine the amount of compensation payable to
landowners. Any person who is not satisfied with the amount of compensation may file a complaint
with the Ministry of Home Affairs, the Government of Nepal within fifteen days from the date of the
issue of the notice of fixation of compensation, and, in such cases, the decision of the Ministry of
Home Affairs, the Government of Nepal shall be final determine the amount of compensation
payable (Clause 25 sub-clause 7). CDO is the original jurisdiction in respect to offenses punishable
under this act. CDO decision can be appealed in High Court.
The Land Acquisition Act, 2034 (1977) is the core legal document to guide the process related to
land acquisition and relocation in Nepal. The clause 03 of the Act states that land could be acquired
for a public purpose, subject to the award of compensation. According to clause 04 of the Act,
institutions seeking land acquisition may also request the Government to acquire land subject to
the payment of compensation by such institutions. Clause 27 of the Act provides for land acquisition
through mutual agreement between a plot owner and a government department or agency, where
the process of involuntary land acquisition outlined in the Act does not apply. The Act grants the
project proponent the right to choose between a mutual agreement process and the formal process
for land acquisition (as described below). Where clause 27 is applied and the plot owner is not
satisfied with the compensation offered by the state, under the agreement, the owner could file a
complaint with the Ministry of Home (clause 18 (sub clause 2) for a redress. As per the regulatory
provision, before acquiring private land for a public purpose, the Government forms a Compensation
Determination (Fixation) Committee (CDC) under the chairmanship of the Chief District Officer
(CDO). The chief of the land revenue office (LRO) and a representative from the concern
Municipality / Rural Municipality representatives and the Project Manager are the other members.
A representative of affected persons is also usually invited to participate in the Committee
discussions. The project manager functions as the member secretary of the Committee. The CDC
determines the amount of compensation considering the following factors: current price of land
value, value of standing crops, houses, walls, sheds or other structures, loss incurred as a result of
shifting residence or place of business. The CDC takes also into consideration the relevant Acts
and Guidelines of the government in this exercise. According to clause 06, if the land has to be
acquired for institutions other than the local government bodies and government institutions, the
Committee considers the following in determining compensation: (i) price of land prevailing at the
time of notification of land acquisition; (ii) price of standing crops and structures; and (iii) loss
incurred by the PAP by being compelled to shift his or her residence or place of business as a
consequence of the acquisition of land.
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As stated in clause 09, subsection 03 of the Act, the duration of compensation payment days will
be determined by CDC. Clause 37 of the Act illustrates that the Committee may extend the period
by additional 3 months, if compensation is not collected by those entitled. After the extended 3-
month period, the amount will be deposited in a government’s account. The compensation for
acquired land is generally paid in cash as per current market value. However, there is also a
provision under clause 14 to compensate land-for-land, provided Government land is available. The
Act also provides for the possibility of paying two separate rates of compensation, distinguishing
between households who lose all their land and those who lose only some part of their land. As
stipulated in clause 10, affected households could take the crops, trees, and plants from acquired
land, and salvageable materials. Clause 39 states that affected households could take all
salvageable assets and the value of such assets will not be deducted from compensation.
Any grievance and objection regarding the above will be referred to the grievance redress
committee (GRC) as per clause 11 of the Land Acquisition Act, 2034 (1977).
The Act assigns the CDO the sole responsibility of overseeing land acquisition process and
activities and to deal with the grievances related to land acquisition and compensation.
Clause 20 of the Act entitles the legal tenant to 100% compensation for the structures built by him
on the land with the permission of the landowner.
CDO chairs CDC, which consists of representatives from district administration, land revenue
department, the project office and the representatives from the Municipality / Rural Municipality and
affected HHs are normally invited to participate in the CDC meeting as invitees. At the request of
the EA, the Government makes a decision to have the land acquired (for the specified purpose),
and an officer from the EA is appointed by the government to undertake the preliminary actions
which include, among others, undertaking the survey of land to be acquired, and preparing the
documentation to be submitted to the CDC. EA issues the first notice of intent for land acquisition.
The survey information (i.e., draft resettlement/indigenous peoples plan) is then submitted to CDC
providing relevant details such as the number of land parcels to be acquired, land use pattern,
affected land owners, uses/land types, quantity of land to be acquired. The CDC reviews this
information and based on the same issues the final notice for acquisition with details of land parcels
to be acquired. Simultaneously, CDC/EA starts contacting the affected landowners/users and
initiates the process of negotiation on land value (for acquisition). Once the negotiation process is
complete, the CDC finalizes the value for acquisition of various properties and discloses the same
to the affected persons. The district administration office (DAO) then invites the affected households
to collect forms, duly fill and submit the same to DAO for collection of their compensation. The EA
deposits the requisite amounts of cash for compensation with DAO. All compensation, either in cash
or check, is disbursed through DAO to the project affected people.
Another key legislation in Nepal related to land acquisition is the Land Reform Act (LRA) 2021
(1964). This act establishes the tiller's right to the land, which he/she is tilling. The LRA additionally
specifies the compensation entitlements of registered tenants on land sold by the owner or acquired
for development purposes. The most recent Act Amendment (2001) established a rule that in case
the state acquires land under tenancy, the tenant and the landlord will each be entitled to 50% of
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the total compensation amount. Tenants are verified through a record of tenancy at the land revenue
office.
Acquisition of land for development projects (i.e., public interest) involves transfer of land titles for
which directly or indirectly the Land Revenue Act 2034 (1977) comes into force. Article 8 of this Act
states that registration, change of ownership, termination of ownership right and maintenance of
land records are done by local Land Revenue (Malpot) Office. Likewise, according to article 16 if
the concerned owner did not pay land revenue for long period of time the government can collect
revenue through auction of the concerned parcel. Land registration, transfer of titles and record
keeping in the kingdom are governed by this Act
The GoN approved a Policy on Land Acquisition, Resettlement and Rehabilitation for Infrastructure
Development in March 2015, however its implementation is not mandatory.
The policy outlines the need to conduct an economic and social impact assessment (SIA) of the
development project, which was not a requirement under the LAA 1977. Based on this assessment,
projects are categorized as high, medium, and low-risk. The act also provisioned for the project
affected families to be entitled to compensation if works like installation of distribution infrastructure,
telephone and underground drinking water pipe lines affect livelihood. And in case the projects
affect yields of registered commercial crop, fruit or flower producers, compensation equivalent to
five years of revenue must be given in cash.
The policy adds that all expenses related to land acquisition, compensation and the implementation
of resettlement and rehabilitation plans should be considered as project cost and interest should be
paid on compensation amount depending on the days it took to release funds to those affected by
the project. The interest calculation begins from the day a formal decision was taken to operate the
project, says the policy.
The compensation amount for those affected by the project will be fixed by a five-member
compensation committee formed under the chief district officer. The committee can form a technical
team to determine the compensation amount. This team should derive the compensation amount
as close as possible to the minimum market rate by working closely with members of families that
are likely to be displaced.
Those not satisfied with land acquisition, resettlement and rehabilitation processes can lodge
complaints at a body formed at the project office and complaint hearing offices at district and
regional levels. If verdict issued by the regional level complaint hearing office is also deemed
unsatisfactory, the person makes an appeal to the appellate court.
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The Asian Infrastructure Investment Bank (Bank) is an international organization that provides a
multilateral regional financing and investment platform for infrastructure development and enhanced
interconnectivity in Asia.
• Special circumstances
• Information discloser
• Consultation
The EIB’s social standards are based on a human right approach. Social standards are intended to
promote outcomes to the benefit of individual well-being, social inclusion and sustainable
communities
The Bank’s key principle require, that adverse impacts on livelihoods should be mitigated at an
improved level, or at minimum restored at the pre-project level for any loss incurred. To address
displacements the preparation of an acceptable Resettlement Action Plan is required, which should
apply a due process of meaningful and culturally appropriate consultation and participation,
including that of host communities.
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Active consultation and participation are regarded as crucial and requires significant local ownership
and support through informed involvement. It also supports AHs in their rights particular concerning
entitlement rights in combination with GRMs. Therefore, public consultation is a basic requirement
• Avoid and/or prevent forced evictions and provide effective remedy to minimize their
negative impacts should prevention fail.
• Ensure that any eviction which may be exceptionally required is carried out lawfully, respects
the rights to life, dignity, liberty and security of those affected who must have access to an
effective remedy against arbitrary evictions.
• Respect right to property of all project affected people and communities and mitigate any
adverse impacts arising from their loss of assets, or access to assets and/or restrictions of
land use whether temporary or permanent, direct or indirect, partial or in their totality. Assist
all displaced persons to improve, or at least restore, their former livelihoods and living
standards and adequately compensate for incurred losses, regardless of the character of
existing land tenure arrangements (including title holders and those without the title) or
income-earning and subsistence strategies.
• Uphold the right to adequate housing, promoting security of tenure at resettlement sites.
• Ensure that resettlement measures are designed and implemented through the informed
and meaningful consultation and participation of the project affected people throughout the
resettlement process.
• Give particular attention to vulnerable groups, including women and minorities, who may
require special assistance and whose participation should be vigilantly promoted.
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The following methods / approaches will be followed for the valuation of assets - i) method adopted
by the Government, ii) community consensus valuation, and iii) direct negotiation. For the purpose
of this project, the community consensus valuation method for land and asset valuation will be
adopted, which includes determining the valuation of assets in consultation with the community. As
part of this method, meetings with the local community members and representatives of the project
affected households on the valuation of land and assets are held. Based on the same, a consensus
is arrived at for valuation of assets, making it a more transparent process. This process works
through CDC for which the Project Manager or his/her designate (Senior Officer) or its environment
and social development or management section in charge takes all the initiatives with consent from
the CDC. In the final negotiations, CDC approves the proposal.
Table 22 - Land Acquisition Process as per Land Acquisition Act 2034 (1977)
Agency /Person
Steps Detailed Action
Responsible
• Any damage / losses of crop, structures, trees incurred during Chief District Officer
preliminary investigations, are compensated by the officer (CDO) /
Step II: Initial designated. PAPs can file complaint, if not satisfied with the
Compensation
Process compensation paid by officer designated, within 15 days of the
Fixation Committee.
fixation of compensation, to Chief District Officer (CDO)
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Agency /Person
Steps Detailed Action
Responsible
Sectoral agency /
Step IV: • Land and asset valuation and negotiation process takes final shape
Compensation, Chief District Officer
• Asset owner fills-up forms to claim entitlement with documents within
eligibility and (CDO) /
15 days of notification (as of 9 above). Compensation payment takes
procedure Compensation
place
Fixation Committee
Note - In case of leasing of land for project activities and temporary purposes like contractor camps, storage
of materials etc., the annual rates to be paid will be determined through negotiations with the land owners,
and the lease agreements signed between the EA and affected persons. For the first years, the lease will be
upfront before acquiring the land.
Screening Exercise
Every proposed site will be subjected to social screening process before it is selected for inclusion
in the project. The social screening process will be undertaken in the sub-project area to determine
the magnitude of adverse impact and prospective losses, identify vulnerable groups, and ascertain
losses other than land acquisition. It shall also suggest the level of social assessment required.
If the social screening findings show adverse social impacts, the sub-project will undertake a fresh
SIA incorporating 100% socio-economic survey will be conducted of affected persons and their
families for RAP proposes. Relevant information about PAPs (Project Affected Persons) shall
include – (i) demographic characteristics (ii) an inventory affected assets, facilities and resources,
(iii) landownership, usage and productivity (iv) socio-economic status of PAPs and assessment of
their risks including income (v) social and gender issues including prevalence of indigenous people
(vi) stakeholders and their activities (vii) people’s interest and expectations including their attitude
towards the project, and (viii) impact minimization/ mitigation measures based on community
consultation. The Social impacts Assessments (SIA) helps in determining magnitude of
displacement, prospective losses, better targeting of vulnerable groups, ascertaining magnitude of
the resettlement and costs, preparing and implementing resettlement and other plans as required.
The SIA will identify measures to avoid, minimize or mitigate involuntary resettlement risks.
Vulnerability assessment of PAPs will be part of SIA and a list of vulnerable PAPs will be prepared
and finalized in consultation with local community. The SIA will also assess, opportunities for income
restoration/economic rehabilitation, and any need of special assistance for vulnerable groups.
Based on this information, the eligibility criteria and entitlement for compensation / assistance will
be established and appropriate Resettlement Action Plans (RAP) will be prepared.
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Resettlement Action Plan (RAP), a sample outline of which is attached in Annexure 5 is a major
planning document, which is based on their information gathered from census survey of project
affected people and inventory of lost assets. The contents of RAP should include a statement of
involuntary resettlement objective and strategy with scope of land acquisition and resettlement,
socio-economic condition, information disclose public consultation, grievance redress mechanism,
legal framework, and other relevant information The RAP should establish an eligibility cut-off date3.
If the impacts are minor4 and fewer than 200 people and are not physically and severally affect (loss
above 10% assets) are lost an Abbreviated RAP5 (ARAP) will be prepared. ARAP covers the
following minimum elements
The policy aims to resettle and rehabilitate the affected persons on account of its sub-projects in a
manner that they do not suffer from adverse impacts and shall improve or at the minimum retain
3
Cut-off Date for Eligibility criteria, This refers to the date prior to which the occupation or use of the area makes
residents/users/occupants of the same eligible to be categorized as AP In this project, the cut-off date coincides with the final day
of the census of PAPs and Inventory of Losses (IOL) and which is preceded by a public consultation (conducted by CDC) or
announcement. Persons not covered in said census are not eligible for compensation and other entitlements, unless they can show
proof that:
1. They have been inadvertently missed out during the census and the IOL; or
2. They have lawfully acquired the affected assets following completion of the census and the IOL and prior to the conduct of the
detailed measurement survey (DMS). In view thereof, the final list of PAPs is determined during the DMS. The establishment of cut-
off date for eligibility is intended to prevent the influx of ineligible non-residents who might take advantage of project entitlements
and speculate on land values and to prevent speculation by eligible PAPs.
3. Impacts are considered ‘minor’ if the project affected people are not physically displaced and less than 10 percent of their
productive assets are lost.
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their previous standard of living, earning capacity and production levels. The resettlement shall
minimize dependency and be sustainable socially, economically and institutionally. Special
attention shall be given to the improvement of living standards of marginalized and vulnerable
groups.
The following key principles will be followed in RAP preparation and implementation –
• Acquisition of land will be minimized attempting to avoid any direct impact on homestead
land, residential structures that may lead to temporary and / or permanent physical
displacement
• Minimize the use of productive land with a preference to purchase lower productive land
• Lack of legal rights does not bar displaced persons in peaceful possession from
compensation or alternative forms of assistance. Compensation rate refers to amount to be
paid in full to the individual or collective owner of the lost asset, without deduction for any
purpose.
When cultivated land is acquired, it is often preferable to arrange for land-for-land replacement. In
some cases, as when only small proportions of income are earned through agriculture, alternative
measures such as payment of cash or provision of employment are acceptable if preferred by the
persons losing agricultural land.
Replacement of house plots, sites for relocating businesses, or redistributed agricultural land should
be of equivalent use value to the land that was lost.
Transition periods should be minimized. Compensation should be paid prior to the time of impact,
so that new houses can be constructed, fixed assets can be removed or replaced, and other
necessary measures can be undertaken before displacement begins.
Displaced persons shall be consulted during the planning process, so their preferences regarding
resettlement arrangements are considered and resettlement plans are disclosed in a publicly
accessible manner. The previous level of community infrastructure and services and access to
resources shall be maintained or improved after resettlement.
Physical works will not commence on any portion of land before compensation and assistance to
the affected population have been provided in accordance with the policy framework.
The borrower is responsible for meeting costs associated with land acquisition and resettlement,
including contingencies.
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Compensation and other assistance are to be paid as per the compensation declaration committee
(CDC) and follow the entitlement matrix which attach in Annexure 3. If additional resettlement
impacts are identified, provisions of compensation and assistance will be updated to include them
based on the above-mentioned principles and policies of entitlement. The description of entitlement
are as follows-
Compensation
Compensation shall be provided to the PAPs for all types of losses incurred as a result of the
Project. It should be noted that the entitlements and valuation procedures concerning acquisition of
assets described in the following sections are based on the provisions of the Land Acquisition Act
2034 (1977). The Act also allows acquisition of assets to take place through direct negotiations and
agreement between the Project and the owner. However, in cases where in a large number of plots
must be acquired by the Project and/or if no agreements can be reached during direct negotiations,
acquisition will take place following standard procedures of the Land Acquisition Act.
Land in Nepal is grouped into different types and classes, which in turn, form the basis for the
calculation of land taxes. The main land types are khet, bari and ghaderi. Khet is irrigated land,
generally situated in valleys and mainly used for paddy rice and wheat production. Bari is non-
irrigated land mostly situated on hill slopes and is used mainly for rain-fed production of crops such
as millet and maize. Gharderi is homestead (including kitchen gardening) land. Khet, barim and
ghaderi are in turn subdivided into the following land classes: Abal (class 1 land); Doyam (class 2
land); Sim (class 3 land); and Chahar (class 4 land) mainly in Hillside. Biga Kathha Dur in Tarai,
and somewhere measure land in Sq.m.
Those who lose privately owned land due to project activities are entitled to compensation. Such
entitled persons include titleholders (owner cum cultivator), absentee landlords, registered tenants
and non-registered tenants (legalizable). The type of compensation entitlement for them are
enumerated in the Entitlement Matrix of Annexure 3.
Non-registered tenant farmers will be assisted to become registered tenants wherever possible.
This requires a formal agreement to be signed between the tenant and the titleholder. If the
agreement is formalized, the tenant will be entitled to compensation as a registered tenant.
Those who remain non-registered tenants (i.e. those with non-legalizable claims to the land) and
who have cultivated the affected land for at least 3 years prior to the cut-off date (to be validated by
Rural/Municipalities) and do not have title to any other land, will be entitled to allocation of land if
ailani or other government land is available, as determined by the concerned authority in the district.
This group will also be entitled to rehabilitation assistance. Wherever possible, the spouse of PAPs
(households) should be present during the compensation payment. In addition to compensation for
their lost assets, the PAPs incurring significant impacts will also be entitled to rehabilitation
measures and other assistance.
The Project will assist vulnerable HHs for reinvestment of their compensation in other productive
assets, specifically with the identification and purchase of suitable privately-owned cultivation land
in the vicinity. The Project will follow the objective to improve the standard of living of vulnerable
peoples at least to the national minimal
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In order to restore the loss of farmland, if any PAPs purchase farmland in another place within 1
year from the date of receiving compensation, the land registration fee for the purchased
replacement land of equal amount or price, shall be paid by the Project. This option will be equally
applicable in urban areas as well.
For temporarily acquired land for the construction works of the Project, the Project will consider a
temporary occupation contract with PAPs, according to their capability and qualifications. The
contract will specify the details of the occupancy period, conditions for use and returning of the land,
and the amounts of compensation to be paid. Compensation and restoration of land, if already
temporarily acquired for some works, will be made retroactively. The temporary occupation of any
land will be compensated at the replacement cost for the losses incurred due to temporary
occupation. On completion of occupation, the land will be restored at least to its initial condition or
better prior to handing it over to the owner.
Owners of Guthi (trust) land will be compensated according to the Guthi Corporation Act 2033.
Replacement land will be provided if ailani (unclaimed arable land) or other government land is
available. Otherwise monetary compensation (cash or cheque) at full replacement cost will be
provided. Marginal losses will be compensated by means of cash compensation.
DSUEP will sign a formal lease agreement with each titleholder whose land is being leased. An
annual leasing arrangement for an annual fix payment will be negotiated with each of these
landowners. A format of the lease agreement will be prepared by the help of legal advisers.
In case, the titleholders do not agree to lease their land, the DSUEP shall acquire the land on
negotiated market replacement rate of the land. DSUEP will fully restore the leased land to its
original condition and return it to the leaseholder at the end of leasing period.
DSUEP will ensure that persons (other than the landowners) affected as a result of leasing of land
for the Project are also compensated for the loss of income incurred due to the leasing of land.
Mutually agreed leasing rates will be paid by DSUEP to the titleholder annually. The first payment
will be done before the land is taken over by the DSUEP. All costs related to land leasing and
restoration will be borne by DSUEP.
Owners of affected houses and other structures such as goth (sheds), separate kitchen, walls and
other structures shall be compensated in cash, for full or partial losses, at replacement cost as
determined by the CDC. This will include titleholders and tenants on private land, and encroachers
and landless squatters occupying public land at the time of the eligibility cut-off date for each project
component and sub-component. In case there are structures that could be reinstalled at a new site,
the transport and re-installation cost shall be provided by the project. Furthermore, structures that
are only partially affected shall be entitled to the cost of structure repair along with compensation
for affected materials at replacement cost.
Compensation for land and structures would be paid in one lump sum. It would be paid on the spot
so that PAPs do not have to travel to the district office for the same. The affected asset owners will
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have the right to salvage materials from the affected buildings. The value of salvaged materials will
not be deducted from the final compensation amount.
Construction works would as far as possible be planned to allow for the harvesting of non-perennial
and perennial crops before land is acquired. Where crops cannot be harvested, or the destruction
of crops is unavoidable, compensation will be paid, based on market value of crop at the time of
compensation, as determined by the CDC. All other resources from privately owned trees (e.g.
timber/fuel wood) would remain the property of the concerned owner. For land under registered
tenancy, the amount of compensation for standing crops and permanent crops such as bamboo,
timber and fruit trees shall be divided equally between the landowner and the tenant.
For land occupied by non-registered tenants, the amount of compensation for standing crops shall
be divided according to lease or sharecropping agreement between tenant and landowner.
However, compensation for loss of permanent crops such as bamboo, timber and fruit trees shall
be provided only to the owner.
The Departments of Agriculture & Cooperatives and Forest & Soil Conservation shall be consulted
for assisting affected owners with the restoration of new trees/perennial crops. Where necessary,
the support to such programs will be funded by the Project.
Affected community buildings and facilities shall be restored to their previous condition or replaced
in areas identified in consultation with affected communities and the relevant authorities. The
community facilities include schools, temples, health posts, waiting sheds (thanti), water points,
irrigation canals, trails/footpaths and bridges, graves and/or ghats.
Where communal grazing lands are affected, under the current government regulations, the
Department of Agriculture (Pasture Development Section) shall be requested to assist communities
for adequately mitigating the impacts on grazing area. Likewise, where community owned trees are
acquired, the Department of Forestry will be consulted to advice forest user groups regarding future
production losses and compensation modalities. User groups shall be assisted with the re-
establishment of new trees/perennial crops and the establishment or improvement of community
forestry programs. The aim of these support programmes shall be the improvement of remaining
communal areas and resources to ensure that pre-project levels of supplied resources are
maintained or improved upon. Where required, these support programs shall be funded by the
Project. In addition, advance notice shall be given to harvest resources from the affected areas.
Any loss of trees in the area of influence shall be mitigated by means of afforestation exercises to
be undertaken by the Project in consultation with local communities and the Department of Forestry.
Vulnerable social categories and others such as porters and other providers of non-vehicular
transport along the direct project affected area who lose income indirectly as a result of the project
shall be identified, based on monitoring results, in consultation with local government and
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representatives. The rehabilitation assistance based on the extent of loss shall be provided as
determined by the CDC.
The loss of water for irrigation or for water mills due to diversion for electricity generation would be
mitigated before it can affect farmers and concerned property owners. The mitigation measures
shall be based on findings of baseline information in the Environmental Management Plan. The
affected group shall be entitled to be paid for the cost of construction of any necessary mitigation
measures. If such measures are also required in subsequent years, the affected owners would be
entitled to funds from a revolving fund to restore access to water for the affected systems. Similar
provisions shall be made if other indirect impacts (e.g. on fisheries) prove to cause severe impacts
to certain groups of PAPs.
Extreme care would be taken by contractors to avoid damaging public and private property during
construction. In case of damages to public or private property as a result of construction works, the
contractor shall be required to pay compensation immediately to PAPs, vulnerable groups,
communities, or government agencies for damages to crops and trees. Damaged land, structures
and infrastructure shall be restored immediately to their former condition.
Government Property
Government infrastructure and facilities including utilities affected by the Project shall be repaired
and/or replaced in consultation with the relevant departmental authorities. The Government forested
areas, if required, shall be acquired in consultation with the Department of Forestry and any loss of
trees therein shall be mitigated by means of afforestation exercises undertaken by the project as
far as possible.
Households whose landholdings are no longer economically viable as a result of land losses e.g.,
less than 0.5 ropani in rural areas, or 2.5 ana in urban area, as defined in this resettlement plan,
shall receive a cultivation disruption allowance equal to one season’s production on the area lost.
The amount payable shall be based on published district production Figures, land type (i.e. irrigated
and non-irrigated) and market prices for crops for the year in which the land is acquired. The
allowance will be paid at the time of compensation payment.
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Apart from the provision of displacement allowances, the rehabilitation of PAPs from vulnerable
groups6 in the vicinity of the Project area shall also be supported through the following measure:
a) Assessment of current economic activities and potential for improvement of these activities.
PAPs from vulnerable groups will need special assistance in addition to compensation and
resettlement assistance so as to at least restore but preferably improve their lives and livelihoods.
Such special assistance will include the following:
b) Skill training: Among PAPs who are not qualified for employment at project sites; the Project
shall encourage construction contractors to provide on-the-job training to select PAPs in turn
enabling them to earn a living from the Project. The need to train local people in required
skills to work at project sites will be included in bidding documents and contracts.
The Project shall undertake consultations with contractors and local communities to establish
mutually agreeable conditions for employment of the local population, especially the ones who
belong to vulnerable groups. Person from vulnerable affected HH will be given preference to attend
project sponsored vocation training program that would help them in obtaining employment and/or
earning livelihood as far as possible. Efforts shall be made to link trainings with definite employment
opportunities.
PAPs that undergo training as rehabilitation assistance shall be supported by the Project. The
project will facilitate the assessment and, where feasible, establishment of small-scale income-
generating schemes for PAPs from households incurring significant impact in the Project. Similarly,
the Project would investigate the potential for co-ordination with existing to national poverty
alleviation and credit programs in order to provide access to the same.
PAPs from vulnerable groups shall have access to agricultural extension services to increase
production on their remaining agricultural and other land. The Department of Agriculture and Forest
6
Vulnerable groups are those groups who are physically or economically affected from the project and being indigenous
people, above 70 aged people below poverty line HH, women headed HH severally affected HH and Dalits
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and Soil Conservation shall be requested to assist PAPs of the Project. Any costs incurred in the
same shall be borne by the project.
Specific measures for vulnerable groups including indigenous peoples, Dalits, minor ethnic
communities, women, and powerless communities are outlined below:
a) Ensure awareness raising, active participation and capacity building of the vulnerable
communities
d) Launch project information campaign to inform the target groups about the key features of
the project and the DSUEP investments interventions implemented.
e) Asses and analyze the presence of indigenous and Dalits in the areas where DSUEP
components investments are implemented
f) Treat and support indigenous people, Dalits and other vulnerable communities preferentially
g) Involve IPs and Dalits in beneficiary groups as needed to increase their participation.
h) Ensure the identified needs and priorities of vulnerable people are taken into account in the
DSUEP investments interventions
k) Build capacity of indigenous peoples, Dalits and other vulnerable communities to enhance
their knowledge and skills to participate in the project activities
General information and counselling will be provided to all PAPs within the project areas to inform
them regarding project impacts, construction schedules and acquisition dates, cut-off dates,
valuation, compensation and grievance resolution mechanisms, construction employment
procedures and local development initiatives.
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Unforeseen impacts will be documented and mitigated based on the principles agreed upon in the
resettlement framework. The EA will deal with any unanticipated adverse impacts arising from
Project intervention or associated activity during or after project implementation. The affected
individual or households will be entitled for receiving compensation and/or assistance for such
unforeseen adverse impacts.
Cut-off Date
The cut-off dates are related to the period of conducting the DMS. Those who encroached into the
subproject area after the cut-off date will not be entitled to compensation or any other assistance.
All project-affected persons will be notified of cut-off date.
The Entitlement Matrix attach annexure 3 and summarizes the main types of losses and
corresponding entitlements, which reflect the Nepal laws and regulations safeguard policies of AIIB
and EIB. The standard entitlements listed in the entitlement matrix have been maintained as per
Resettlement Framework approved earlier. However, entitlements for leased land were not included
in the Resettlement Framework. As a result, attempt has been made to enhance and further detail
out the entitlements in this ESMF.
A comparative analysis of the national laws EIB and AIIB policies on involuntary resettlement/land
acquisition with identified gaps and limitations of the national legal and policy framework have been
analyzed. The main gaps and limitations of the national legal and policy framework are –
• National law makes provision for compensation to the titled landholder only and, by default,
omits all other PAPs, including non-registered tenant farmers, landless farmers, squatters,
agricultural laborers, shopkeepers, artisan groups and Dalits.
• National law does not make any provision for landless, encroachers or squatters regarding
to the entitlement for compensation. There is no provision for rehabilitation assistance for
such vulnerable groups.
• When GoN requires assets, national law does not specify about the provision of mandatory
replacement cost.
• The Land Acquisition Act, 1977 does not emphasize transparency and stakeholders'
participation for various decisions (Participation of PAPs especially in LA Act has no
provision to participate in CDC (Compensation Declaration Committee) that directly affect
the long-term wellbeing of PAPs.
• Lack of consideration of the apparent time gap between notification of acquisition and the
payment of compensation is another limitation of the existing legal framework.
• Lack of consideration to be acquire land of right of way (RoW) of 33/11 kV lines. The NEA
has not been practices to provide compensation in 33/11kV lines of RoW and pole/ location
Following are the policy recommendations to fill up the identified gaps and limitations –
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A project affected person needs to be defined as a person or household whose livelihood or living
standard is adversely affected through loss of land, housing and other assets, income, or access to
services as a consequence of the implementation of the project, causing a change in land use.
Entitlements should be established for each category of loss covering both physical loss and
economic loss.
Special attention should be given to protect the interest of vulnerable groups. With a census date
as cut-off date, no fraudulent encroachments after this date should be considered eligible for
entitlements of compensation. Non-land assets should be compensated at replacement value.
Support for vulnerable groups should be provided to improve their livelihood.
Practical provisions must be made for the compensation of all the lost assets to be made at
replacement cost without depreciation or reductions for salvage materials. Efforts must be made to
assess the real replacement costs of land to the extent possible.
First avoid RoW and pole/ impacts.. Distribution line will follow existing right of way
Livelihood restoration programs require becoming viable and sustainable. Thus, the Project will
implement for restoring PAPs’ incomes. The Program shall focus on immediate assistance and will
include the following (as provided in the Entitlement Matrix).
Specific measures for vulnerable groups including indigenous peoples, Dalits, minor ethnic
communities, women, and powerless communities are outlined below:
• Ensure awareness raising, active participation and capacity building of the vulnerable
communities
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• Launch project information campaign to inform the target groups about the key features of
the project and the DSUEP investments interventions implemented.
• Asses and analyze the presence of indigenous and Dalits in the areas where DSUEP
components investments are implemented
• Treat and support indigenous people, Dalits and other vulnerable communities preferentially
• Involve IPs and Dalits in beneficiary groups as needed to increase their participation.
• Ensure the identified needs and priorities of vulnerable people are taken into account in the
DSUEP investments interventions
• Build capacity of indigenous peoples, Dalits and other vulnerable communities to enhance
their knowledge and skills to participate in the project activities
Indigenous Tharu, Yadab, Raute, Majhi, Bote, Tamang, Bhujel, Kumal, Bhote, Darai, Magar, Gurung,
people Limbu, Sherpa, Thakali, Bansi, Thami, Newar, Rai etc.
The indigenous people are classified into five different categories as follows –
• Endangered - Raute
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Social screening shall include whether activities under the project would: (i) have impacts on land
and natural resources subject to traditional ownership or under customary occupation or use; (ii)
cause relocation of Indigenous Peoples from land and limitations on access to natural resources
subject to traditional ownership or under customary occupation or use; or (iii) have significant
impacts on Indigenous Peoples cultural heritage. In such cases the process for FPIC will be
prepared and approved by the Financiers. 7
7
An updated IP Framework incorporating FPIC process shall be prepared and considered as one of the conditions for
loan effectiveness.
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Ensure that the project pursues free, prior, and informed Consent (FPIC) approach with adversely
affected Indigenous Peoples communities, to the extent possible leading to broad community
support for the project, with particular attention to vulnerable groups
Ensure that project benefits are accessible to the vulnerable communities living in the project area
Avoid any kind of adverse impact on vulnerable communities to the extent possible and if
unavoidable ensure that adverse impacts are minimized and mitigated
Ensure vulnerable peoples’ participation in the entire process of preparation; implementation and
monitoring of the sub-project activities as embodied in IPDP or VCDP
Develop appropriate training / income generation activities in accordance to their own defined needs
and priorities
(1) All citizens shall be equal before law. No person shall be denied the equal protection of law. (2)
No discrimination shall be made in the application of general laws on grounds of origin, religion,
race, caste, tribe, sex, physical condition, condition of health, marital status, pregnancy, economic
condition, language or region, ideology or on similar other grounds. (3) The State shall not
discriminate citizens on grounds of origin, religion, race, caste, tribe, sex, economic condition,
language, region, ideology or on similar other grounds. Provided that nothing shall be deemed to
prevent the making of special provisions by law for the protection, empowerment or development
of the citizens including the socially or culturally backward women, Dalit, indigenous people,
indigenous nationalities, Madhesi, Tharu, Muslim, oppressed class, Pichhada class, minorities, the
marginalized, farmers, labour, youths, children, senior citizens, gender and sexual minorities,
persons with disabilities, persons in pregnancy, incapacitated or helpless, backward region and
indigent Khas Arya.
(1) The socially backward women, Dalit, indigenous people, indigenous nationalities, Madhesi,
Tharu, minorities, persons with disabilities, marginalized communities, Muslims, backward classes,
gender and sexual minorities, youths, farmers, labour, oppressed or citizens of backward regions
and indigent Khas Arya shall have the right to participate in the State bodies on the basis of inclusive
principle.
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In year 2002, NFDIN was registered under the NFDIN Act-2002 by Government of Nepal to work
for the welfare of Indigenous Nationalities for their overall development. According to census 2011,
there are 125 distinct languages spoken and 123 different ethnic groups in Nepal. NFDIN Act 2002
has identified 59 indigenous groups in a country which constitute 35.4% out of the total population
of nearly 26.5 million. In lack of proper information, deprived and marginalized communities and
groups including indigenous nationalities are still not able to benefit from nation’s inclusion policy.
NFDIN’s major goal is to ensure the satisfaction of present and future generations and the
availability of better quality of life for all indigenous people of Nepal without any discrimination.
NFDIN has tried to draw attention on several important issues of indigenous people working along
with Government of Nepal and indigenous people’s organization to preserve, promote and improve
the livelihood as an integral part of their economic and social development.
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) delineates and
defines the individual and collective rights of Indigenous peoples, including their ownership rights
to cultural and ceremonial expression, identity, language, employment, health, education and other
issues. It emphasizes the rights of Indigenous peoples to maintain and strengthen their own
institutions, cultures and traditions, and to pursue their development in keeping with their own needs
and aspirations. It prohibits discrimination against indigenous peoples, and it promotes their full and
effective participation in all matters that concern them and their right to remain distinct and to pursue
their own visions of economic and social development.
The goal of the Declaration is to encourage countries to work alongside indigenous peoples to solve
global issues, like development, multicultural democracy and decentralization. According to Article
31, there is a major emphasis that the indigenous peoples will be able to protect their cultural
heritage and other aspects of their culture and tradition in order to preserve their heritage from over
controlling nation-states.
ILO Convention 169 on Indigenous and Tribal Peoples - ratified by Nepal in 2006
Nepal is a signatory to ILO convention on Indigenous and Tribal Peoples, 1989 (No.169). Besides
that, Nepal does not have a standalone policy on Indigenous Peoples. However, in the Three-Year
Interim Plan (TYIP) (2007-2010), or the Tenth Plan, significant emphasis has been placed on
delivering basic services to the disadvantaged and Indigenous People (IPs), women, disabled and
vulnerable communities (VCs) such as Dalits and Adivasi / Janjati. One of the main objectives of
the Tenth Plan is the implementation of targeted programs for the uplifting, employment and basic
security of Dalits, indigenous people and disabled peoples. The policy provision also outlines that
the Government should pilot strong and separate packages of programs for the basic security of
the vulnerable sections of society. The Three-Year Interim Plan (TYIP) (2007- 2010) includes the
following policies for inclusive development of Dalits, Adivasi / Janajatis and other vulnerable
groups:
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f) Special circumstances
g) Information disclosure
h) Consultation
Three associated mandatory environmental and social standards (ESSs) set out more detailed
environmental and social requirements relating to the following -
Environmental and Social Standard 3: Indigenous Peoples The detailed AIIB Bank’s policy and
standards (ESS2) can be found at https://www.aiib.org/en/policies-
strategies/_download/environment-framework/Final-ESF-Mar-14-2019-Final-P.pdf
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vulnerable groups the livelihoods are especially sensitive to socio-economic changes and their
dependency on access to essential services and participation in decision making.
• Affirm, respect, and protect the rights and interests of vulnerable individuals and groups
within the designated operational scope, throughout the project lifecycle. Such rights include
the right to non-discrimination, the right to equal treatment between women and men and
the rights of indigenous peoples.
• Identify and avoid adverse impacts of EIB operations on the lives and livelihoods of
vulnerable individuals and groups, including women and girls, minorities and indigenous
peoples. Where avoidance is not feasible, to reduce, minimize, mitigate or effectively
remedy impacts.
• Ensure that vulnerable individuals and groups are duly and early on identified in EIB
operations and that engagement is meaningful, taking into account individuals’ and
communities’ specificities, and delivered in an appropriate form, manner and language.
• Enable vulnerable groups, including women and girls, minorities and indigenous
The AIIB &EIB Bank policy on indigenous peoples emphasizes the need to design and implement
projects in a way that fosters full respect for indigenous peoples’ dignity, human rights, and cultural
uniqueness. They advocate gap analysis and gap-filling measures such as but not limited to:
b) preparation of IPDP,
c) avoidance of impacts,
e) a culturally-appropriate process
• A Social Impact Assessment (SIA) will be carried out for the entire project at the beginning
of the activities as part of the pro-poor participatory planning process
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• Then a social screening will be carried out, as part of the SIA, to determine whether IPs and
VCs will be affected by the activities as part of the environmental and social screening for
the DSUEP investments carried out at the identification stage
b) Assessment of land and territories that Indigenous Peoples have traditionally owned or
occupied
d) Assessment on their access to and opportunities they can avail of the basic and socio-
economic services
e) Assessment of the short and long term, direct and indirect, positive and negative impacts of
the project on each group’s social, cultural and economic status
g) Assessing the subsequent approaches and resource requirements for addressing their
concerns and issues in relation to the projects that affect them.
h) Assessing whether or not the three FPIC-requiring circumstances are present in each of the
subproject disctricts.
The information should be gathered through a process of meaningful consultation that is culturally-
appropriate. Involvement of all Indigenous Peoples groups in consultation process should be
ensured by informing, inviting and participating during consultation process in each step of project
cycle - assessment, planning, implementation and monitoring and evaluation. There should be
clear provision for participation of Indigenous Peoples (percentage among the total participants /
beneficiaries) in different stage of project implementation such as but not limited to (labor, general
consultation, representation in different activities, etc.).
The team that conducts the social impact assessment should have a thorough understanding of the
SIA process, as well as a deep knowledge of the local Indigenous Peoples cultures, systems, norms
and values. To the extent possible, Indigenous Peoples should be involved in facilitation of the
consultation process. Communication with Indigenous Peoples will need to take place in their own
language.
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Discussions should focus on potential positive and negative impacts of the subproject activities;
measures to enhance the positive impacts; and strategies/options to minimize and/or mitigate
negative impacts.
Based on the SIA findings, the project or project component can develop appropriate mitigation
measures including socio-economic and livelihood enhancement activities for Indigenous Peoples.
If FPIC process is carried out, the process shall inform the preparation of the IPDP.
Screening will involve identifying IPs belonging to the area where the DSUEP investments
interventions for components activities will be undertaken, their population (number and ratio), and
their characteristics as compared to the main population in the project area through primary and
secondary data collection. Outline of Indigenous People Plan is provided in Annexure 6.
The social screening will provide necessary information to determine impact including: (i) the
beneficiary population living within the impact zone of the DSUEP components investments (ii) the
extent of land required (even temporary) and number of land owners affected (if applicable); (iii)
impacts on IPs including needs and priorities for social and economic betterment; (iv) other social
impacts. The screening report for each subproject will provide adequate information about the
potential losses and damages to the IPs which will be crucial to decide whether further works
regarding impact assessment and mitigation plans. Components will be categorized according to
the level of impacts on IPs. The categorization will be determined by the type, location, scale, nature,
and presumed magnitude of potential impacts on IPs. DSUEP investments will be categorized as
per the following table using the information in the IPs Impact Screening criteria & categorization
form presented in Annexure 7.
DSUEP investments expected to have limited impacts that require specific action for IPs
Category B
in the form of social action plans (IPDP or VCDP)
DSUEP investments expected to have no impacts on IPs and, therefore, do not require
Category C
special provision for IPs
*Note: Categorization and corresponding instruments will be further reviewed by the Financiers
after the initial subproject screening
The impacts on IPs will be considered ‘significant’ or Category A if the DSUEP affects positively or
negatively:
• Affects their customary rights of use and access to land and natural resources,
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• Affects their health, education, livelihood, and social security status, and/or
In case of impacts (falling in categories A and B) on IPs, the PIU by itself or through the appointed
consultant(s) will submit the IPDP to the co-financers for clearance. A sample outline structure of
an IPDP is presented in Annexure 7. Short IPDPs prepared as a part of ‘less impact’ or ‘no impact’
category will be internally evaluated. The Financiers will review these documents.
a) Formally inform affected IPs and other concerned stakeholders8 indicating the location,
agenda and time.
b) Discuss with local FPIC villages the proper procedure for determining how consent will be
recognized; formalize this in a “Consent Process Agreement (CPA)” agreed to by the
community.
c) Make them fully aware about their right under Nepal and international law..
d) Ensure that the project has informed them about the project and projects activities
e) Ensure that the project has informed them about the positive and adverse impacts by the
projects
8
Stakeholder are local level Rural/Municipality chief or representative IPs District level committee chairperson or
representative, Project affected IPs locals IPs peoples, local Level NGOs district level IPs federation representatives
local, social worker, local media, etc.
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f) Ensure that the project has informed them about the benefits to mitigate the adverse impact
g) Conduct a series of consultations at the local community level; Formal attendance and
minutes will be noted in a separate register
h) Freely discuss about the about IPs concern and note their grievances, including any legacy
issues regarding the project.
j) Following the CPA and multiple consultation rounds, seek a consent decision from the IPs
regarding the project and a package of mitigation and benefit sharing measures.
k) Note all the comments and consent in the register and take joint signature at the end of the
minutes from them
l) Include in the IPP a mechanism for the project to address their concerns and issues
duringthe project phase
m) Preparation of a Consent Statement (CS) which includes: i) the IPDP, ii) other issues that
the affected communities may wish to continue discussing with the Project, and iii) an
implementation plan which details the responsibilities of local communities, the project, and
hopefully local government authorities in carrying out the IPDP
IPDP will be prepared based on the findings from social assessment to address the concerns and
issues of indigenous peoples. The IPDP shall include mitigation measures of potential negative
impacts through modification of sub-project design and development assistance to enhance
distribution of benefits. The sub-project shall ensure that their rights shall not be violated and that
they shall be compensated for the use of any part of their land or property in a manner that is socially
and culturally acceptable to them, if land acquisition or structural losses involve in vulnerable
communities. The sub-projects shall follow the compensation measures prescribed in RPF.
a) Discussion on aspirations, needs, and preferred options of the affected Indigenous Peoples,
local social organization, cultural beliefs, ancestral territory, and resource use patterns
among the affected Indigenous Peoples
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b) a summary of the ESIA, including potential risks, and positive and negative project impacts
measures to avoid, mitigate, or compensate for the adverse project effects
The executing agency will submit the IPDP to the Financiers for review and approval prior to
commencement of any civil works. A sample outline of IPDP is shared in Annexure 6.. In case
impacts to IPs can be covered under a RAP, AIIB and EIB may accept a combined Resettlement
and Indigenous Peoples Development Plan (RIPP) or a corresponding management plan may be
considered.
The IPDP will follow consultation and information disclosure as per Chapter 6 of the ESMF. A formal
and ongoing engagement process with indigenous communities will take place throughout the
project life cycle (i.e. project design and planning, project construction and operation and post-
project review), through consultation and participation to ensure that indigenous communities’
views, concerns and solutions are being heard and addressed. This can be best accomplished if
built into the governance and implementation measures of the IPDP.
In case FPIC is triggered, documentation will be required on the process and outcome of
consultations with affected indigenous communities and any agreement resulting from such
consultations for the project activities and safeguard measures addressing the impacts of such
activities. Information disclosure should be carried out in a culturally sensitive manner, taking into
account the local social and cultural context and diversity.
Participatory monitoring system will also be used with the involvement of Indigenous Peoples,
Indigenous Peoples institutions, Indigenous Peoples leaders and other concerned stakeholders.
Details on E&S safeguard monitoring and reporting are shared in chapter 7 of this document.
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• business management
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The community development plan (CDP) focusses on those groups who are affected by sub-project
to indigenous, women headed, marginal family / farmers disabled, voiceless, dalits etc. Main
activities to be carried out by the project are the skill transfer, orientation, educational training,
meaningful participation in decision making process etc.
The project would focus on issues that are directly related to their involvement in activities and
accessing to project benefits. The main objective of the Indigenous people including vulnerable
community would be, therefore, to ensure that the Indigenous and vulnerable people are actively
involved with the project activities and they have access to project benefits at par with the rest of
the community. The strategy also aims at minimizing any negative impacts like creating further
causes of social and economic imbalances between communities.
Table 25 - Possible strategies and activities for the development of vulnerable communities
Lack of inclusion
and equitable • The project shall be designed to ensure the
• Encourage the participation of inclusion and participation
participation in
these groups in community and
planning and • Engage the vulnerable groups in a process
traditional decision-making
implementation of of free, prior, and informed consultation
structures
development throughout the project cycle
projects
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• Ensure that Dalits, small • Work with community groups and these
landholders and the poor are groups to change discriminatory rules
granted employment
• Reserve certain number or percentage of
opportunities on a preferential
employment opportunities to these groups
basis
during the construction period
• Ensure that there is no
• Offer relevant trainings for semi-skilled jobs
discrimination on employment
opportunities and wages on the • Work with the contractors to ensure wages
basis of gender are equivalent to the amount of work
conducted and not pre-determined by
gender, caste or ethnicity
Lack of awareness
on potential Awareness / training on local • Vocational training to the groups based on
livelihood resources and their commercialization traditional indigenous skills, knowledge and
improvement through promoting indigenous skills local resources
measures/skill and knowledge
• Linkage development with market and
training based on financing institutions
local resources
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E&S screening shall be conducted asper the checklist attached in Annexure 1 by the consulting
firm. The categorization takes into consideration the nature, location, sensitivity and scale of the
sub-project, and is proportional to the significance of its potential environmental and social risks and
impacts.
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• All key potential environmental and social risks and impacts of the project have been
identified
• Effective measures to avoid, minimize, mitigate, offset or compensate for the adverse
impacts are incorporated into the Project’s design and ESMP
• The Client understands the requirements of the ESP and ESSs and has the commitment
and capacity, or has made arrangements to strengthen its capacity, necessary to manage
the Project’s environmental and social risks and impacts adequately
• The role of third parties is appropriately defined in the ESMF Consultations with project
affected people are conducted in accordance with requirements of the ESP and ESSs. The
Client is responsible for ensuring that all relevant information is provided in a timely manner
to the Bank so that the Bank can fulfill its responsibility to undertake environmental and
social due diligence in accordance with the ESP.
• assesses whether the Project can be implemented in accordance with the ESP and ESSs
• considers the costs and responsibilities for mitigation and monitoring measures
• reviews the timing of mitigation and monitoring activities in the schedule for implementation
of the Project. The Bank may retain independent consultants to assist in its due diligence.
• The risks and impacts inherent in projects of the type proposed for financing and the specific
context in which the proposed Project will be developed and implemented
• The capacity and commitment of the Client to develop and implement the Project in
accordance with the ESP and ESSs. The Bank assesses the significance of the gaps in
information, and the potential risk this may present to achieving the objectives of the ESP
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and ESSs. The Bank reflects this assessment in the Project documents at the time the
proposed financing is submitted for approval.
• Reviewing the information provided by the Client relating to the environmental and social
risks and impacts of the Project,9 and requesting additional and relevant information where
there are gaps that prevent the Bank from completing its due diligence
If the Bank determines that the assessment and planning processes or the documents require
further work to comply with the requirements of the ESP or ESSs, the Bank requires client to
undertake some or all of the following actions
• Improve the required environmental and social documentation. This process may also
require the Client to undertake supplemental consultations.
9 For example, pre-feasibility studies, scoping studies, national environmental and social assessments, licenses and permits.
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environmental and social due diligence of the proposed changes and if it determines, on the basis
of this due diligence, that any additional assessment, stakeholder consultations or environmental
and social risk mitigation measures are required to meet the ESP and ESSs, it requires the Client
to incorporate these measures in the Project. The Bank may also require the Project to be re-
categorized.
This framework set up a process dealing with potential effects of physical, biological and socio-
economic environment coursed by project construction works and suggests the methods to avoid,
minimize and mitigate/offset of risk and impact properly not being worst before the project start. The
screening will be carried out to identify potential risk and impact of sub-projects at first by using E&S
checklist. The environment and social impacts shall be assessed based on the risk and impact
volume of sub-project. For example, EIA is required in high risk sub-projects (category I), IEE will
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be required in medium risk sub-projects (category II) and only ESMP will be required for Low – risk
sub-projects (category III).
Construction of transmission line with capacity 132 kV or above IEE As per country Rule
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Scoping is mandatory of all projects requiring EIA as per Rule 4 of EPR 1997. EIA scoping will be
undertaken in accordance with the EPR-1997 and EPA-1997 to inform stakeholders about the
proposed project and to receive their comments on relevant environmental issues and identify
priority issues for environmental assessment. Scoping exercise, besides review of project feasibility
report and other project related literature, included publication of 15 days Public Notice inspections
of project construction site, and discussions with local people, stakeholders and concerned
government officials. The environmental issues of priority concerns in the scoping document were
based on the experiences of the consultants on the similar type of projects incorporating the concern
received during formal and informal deliberations with local people and other concerned
stakeholders.
The issues identified in the scoping document will be incorporate in the ToR. The ToR will be
prepared as per the Schedule-4 of EPR1997 pertaining to Rule-4 and Rule-5. The EIA will be
focused on the detailed analysis of the environmental issues mentioned in the approved ToR.
ToR for IEE also represents the scoping process to some extent and for EIA, ToR carries out after
scoping study. ToR should be presented here for the purpose of reference. The proponent should
develop a ToR to be submitted to DoED and MoWR for approval.
If the proposed project falls within Schedule (1) of EPR, the ToR is required to provide specific
guidelines for IEE study. ToR preparation assists in –
• Fitting the IEE study into the context of existing polices, rules and administrative procedures
• Providing technical guidance in delineating the specific environmental aspects for study
General introduction
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relevancy of proposal
After the approval of ToR by the concerned (Line) Ministry 15 days’ notice will be published in
national daily newspaper requesting local stakeholders for the suggestion and recommendation in
the project and any advice.
After approval of Scoping and ToR team will be mobilize to the identified site. Primary and
secondary data and necessary information will carry on, process following site observation, focus
group discussion, key informant interview, with project affected people, indigenous people, women
civic society and other stakeholders.
The mobilized team conduct the walk-through survey. During the survey the team collect all the
necessary baseline data of physical, socio economical and biological environment and also verify
the secondary collected. The formed checklist will be filled at site and the data will be process at
office. The consultation meeting with local stakeholder and concern government office will be
conducted and recommendation and issues, if any, raise will be incorporate in the study report.
Public hearing
As per EPR 1997 Rule 7 public hearing is mandatory for EIA level study. After preparation of draft
report, the proponent should conduct a public hearing to collect the suggestion on the prepared
draft report and issues if any.
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Report preparation
The final report incorporating all the comments and suggestion for local stakeholder will be
prepared. The final EIA/IEE will be prepared as per the approved ToR and format mention in
schedule 5 for IEE and as schedule 6 for EIA.
After preparation of final report, the prepared report will be submitted to concern ministry MoEWI
for IEE and MoFE for EIA for approval as per Rule 10 of the Regulation.
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Project Requiring IEE (Schedule 1, EPR) Project Requiring EIA (Schedule 2, EPR)
Preparation of ToR and submission for Preparation of Scoping and ToR and
approval (Schedule 3, EPR) submission for approval) (Schedule 4, EPR)
Approval of ToR (Rule-5, Sub Rule-1) Approval of Scoping and ToR (Rule-5, Sub
Rule-2)
Approval of Report within 21 days of Disclosing Report for public review for 30
submission (Rule 11) days (Rule 11, Sub Rule-2)
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Two years after the commencement of *Service, distribution and production relating to the
implementation of a proposal requiring an environmental impact assessment, the Ministry, shall
carry out an environmental examination of the environmental impact of the implementation of the
proposal and the measures adopted for reducing such impact etc. and maintain updated records
thereof.
Responsibility
Stage in
Step activities Description Duration
project cycle Approval/
Work
Review
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Responsibility
Stage in
Step activities Description Duration
project cycle Approval/
Work
Review
Identification of
• Establish what E&S impacts will
Environmental/Social
occur as a result of interaction of
Impacts
environmental setting, sub-project
Impacts predictions construction and operation
activities.
Data Assessment
Consulting ESMU
Analysis and sufficiency of impact • Establish the extent of E&S impacts 4 weeks
Firm (NEA)
interpretation of the sub-project construction and
E&S management
operation.
Plan
• Prepare ESMP to ensure the
Environmental and
implementation of mitigation
Social Management
measures.
Plan
Step 7: Prepare / finalize ESIA Report and corresponding risk management instruments (ESMP, RAP, IPDP, as
needed)
MoEWI IEE- 7
Consultant
Project Decide if project should proceed, or if for IEE week
Review and Approval Firm and
Appraisal/Ap further alternatives must be examined. and
of ESIA Report ESMU EIA- 8
proval Approval of ESIA Report/Rejection MoFE for
(NEA) week
EIA
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Responsibility
Stage in
Step activities Description Duration
project cycle Approval/
Work
Review
Step 10: Prepare of Updated Environmental Management Action Plan (EMAP) and Resettlement Action Plan
(RAP)
Note: Please reduce the contents of Text and would like to suggest to present project cycle and activities in
diagram.
Social impact assessment includes socio-economic condition survey, census of all project
affected people, and an inventory of land and assets. The following definitions shall be
followed in case of social impact assessment –
Census
The Census shall register and document the status of all affected persons (100%) within the
project’s corridor of impact. It shall quantify the possible social impact in terms of loss of land,
assets, private business and other sources of income. It will provide a demographic and
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Distribution System Upgrade & Expansion Project
Environment & Social Management Framework
geographic overview of the affected household, and include details of affected assets, as well
as impacts of land acquisition.
Inventory of Assets
Based on the detailed design, an inventory of affected assets (land and structure) will be
conducted and will include: (a) total and affected areas of land by type of land assets, (b)
total and affected areas of structures, by type of structure (main or secondary), (c) legal status
of affected land and structure assets and duration of tenure and ownership, (d) quantity and
types of affected crops and trees, quantity of other losses; (e) quantity/ area of affected
common property, community or public assets by type, and (f) quantity/area of affected private
businesses.
The survey will cover the following: (i) boundaries of the site identified for the proposed
subproject elements in case of subprojects involving new interventions, (ii) proposed ROW
boundaries irrespective of titleholders and non-titleholders, (iii) current users of the subproject
site including businesses, vendors, whether titleholders or otherwise and experience
temporary disruptions during construction, and (iv) losses of affected persons.
Environmental and Social Management Plan (ESMP) is the tool prepared to ensure that all
the adverse impacts as the consequences of project implementation are timely addressed and
mitigated while beneficial impacts of the project are enhanced.
The ESMP is a part of the EA study. ESMP is a site-specific plan develop to ensure that the
project is implemented in a sustainable manner and the environmental parameters does not
get deteriorate. It includes all the site-specific impacts likely to arise during implementation of
proposal and their proper mitigation measure. ESMP provides detail action plan needed to
mitigate the impacts including institution responsibility and cost of implementation and
monitoring. ESMP includes the baseline, impacts, compliance monitoring requirements,
mitigation measures, costs, accountability, reporting and review mechanism.
Baseline monitoring
Helps to compare the deviation of environmental parameter from baseline data due to project
implementation. It indicates the parameters to be monitored, their baseline value, institute
responsible, where and when to be monitor.
Impact monitoring
During the project phase focuses on pre-identified (in the ESMP) indicators of impacts to
assess whether the impacts have been accurately predicted, and whether the mitigation
measures are sufficient and effective. Impact monitoring will be carried out to assess actual
level of impact due to project construction. The impact monitoring includes –
• Monitoring of the impacts of the project on physical, biological and socioeconomic &
cultural environment of the area
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Distribution System Upgrade & Expansion Project
Environment & Social Management Framework
• Identifying the emerging impacts due to project activities or natural process and
develop remedial action
Compliance monitoring
Provides a look on how the ESMP are being implemented in the project. The mitigation
measures proposed in ESMP should be implemented in the project. Compliance monitoring
employs a periodic sampling or continuous recording of specific environmental quality
indicators to ensure that project complies with recommended ESMP.
The compliance monitoring will be conducted to monitor the compliance of the proposed
mitigation measures and monitoring activities. The compliance monitoring will mainly focus on
–
Environmental and Social Trimester Monitoring Report Template is shared as Annexure 10.
A Construction Monitoring
Impact Monitoring
Physical Environment
Settlements near to
Dust around the Twice in a
1 Air Quality Observation the distribution line
project area season
and substation
Measurement of
Settlements near to
Decibel (dBA) as per noise using Twice in a
2 Noise Quality the distribution line
GoN Standard sound level season
and substation
meter
Unpleasant aesthetics
of labour camps,
Monthly
Waste unregulated waste Labor camp/
3 Observation during
Management disposal and construction sites
construct
associated visual
impact
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Once during
4 Land use Changes in land use Observation Near poles
construct
Biological Environment
Discussions
with Users
Group, local
Vegetation During
No of trees felled for people and
7 Clearance and All sub-project sites construction
RoW clearance DFO and
felling of trees period
Observation of
the area and
tree counting.
Observation,
discussion with During
local people, construction
Wildlife habitat and
7 Wildlife keeping records All sub-project sites period
clearance
on wildlife, birds
and reptiles
killed.
Compliance Monitoring
Provision of
clauses related to
environmental and
social safeguard
mitigation
measures in tender
document and Review, inquiry
Preconstruct
1 allocation of Yes/No and Kathmandu Office
ion phase
adequate budget consultation
for implementation
of environmental
mitigation
measures identified
in ESMP and
monitoring works
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The table below presents the summary of roles and responsibilities of Key stakeholders, in
environmental and social operationalization process during different stages of the sub-project cycle
with description of activities and estimated time.
In terms of sub-project E&S instruments, AIIB & EIB Bank’s role will be as follows
• Compliance monitoring to ensure effective implementation of E&S risk
management measures for the project
• For Cat III and sub-projects, Bank will review and provide non-
AIIB & EIB Bank objection/concurrence on E&S instruments (ESIAs, ESMPs, RAPs/IPDPs, as
required, of individual sub-projects submitted to prepared by NEA/ PIU
• Bank will also take part and support NEA / PIU in enhancing E&S capacity
PIU
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• NEA is the project implementing agency and Project Implementing Unit (PIU)
is associated unit within NEA
• PIU team shall constitute key members of steering committee
Nepal Electricity Authority
• Participate in the decision-making process
(NEA)
• Information dissemination, coordination with Bank and Government of Nepal
• Coordinate with concern Ministers of GoN
• Approve the Project Budget other relevant documents
PIU is authorized project implementing unit associated with NEA. The key
responsibilities of PIU are –
• Lead and manage E&S screening and scoping processes for sub-projects
• Determine Sub-project E&S risk category based on screening and scoping
process (to be confirmed after risks and impacts assessment)
• Support and monitor to implement E&S risk management measures
DSUEP Implementation Unit
commensurate with their responsibilities under ESMF and ESMP
(NEA / PIU)
• responsible for an overall supervision, monitoring and evaluation of the
activities and coordination
• responsible to verify that E&S documents are reflected correctly and clear in
all legal documents in the Nepal DSUEP Project structure- such as the
bidding documents
• Coordinate with Bank and NEA authority, MD, Ministry of MoEP and DoEP
• Determine whether EIA or IEE are required as per GoN regulations; ensure
and conduct proper required studies and obtain EIA or IEE clearances from
GoN, where required
• Ensure and conduct ESIA studies as per AIIB / EIB Bank requirements
• Review ESIA studies, ESMPs, other relevant documents and provide
Consultants or Center level clearance as follows
Individual Experts • For medium and low risk DSUEP sub-projects, clearance will be provided by
(Environmental Specialist & NEA (and no objection is sought from AIIB / EIB)
Social Specialist) • For high risk DSUEP sub-projects, NEA will review and submit the ESIA
studies for clearance by AIIB / EIB
• Take part in public consultations and other activities related to E&S aspect as
conducted in project cycle
• Support to project to implement E&S activities
• Supervision of EMP implementation
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• Implementation of IPDP
• Coordination with the NEA, PIU, Consulting firm, Expert and other
stakeholders
• Selection of training participants
NGO (or any identified
• Conducted skill development training
specialists by NEA, or NEA
• Consultation with PAPs Indigenous people, women and others stakeholders
may get it done in-house)
• Completion of IPDP implementation of all sub-projects
• Reporting works to project authority and concern stakeholders
• Provide training certificate to participants.
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PIU will be staffed with a senior Community Relations Manager (CRM), who will guide NEA on how
to best set up a team of local Community Liaison Officers in all three provinces to carry out general
stakeholder mapping and stakeholder engagement, as well as with a senior Indigenous Peoples
Safeguard Officer (IPSO) who will be overseeing, monitoring and reporting on indigenous peoples’
safeguards.
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of corrective measures as required. O&M Phase will be scheduled and should have some overlapping
with the Construction Phase.
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Year 2019 of Months Year 2020 of Months Year 2021 of Months Year 2022 of
Activities
1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7
1. Project Initiation
Stage
Establishment of PMD
Establishment of PMU
Establishment of PIU
Appointment of
designated staff at PIU
Establishment of PIC
2. Preparation of E&S
Documents
Appointment of consultant
Preparation of ESMP and
Finalize
Finalized the Baseline
survey Report
Preparation of RAP
Preparation of IPDP
Preparation CDC
Preparation IEE TOR
Preparation of EMP
without IEE Subprojects
IEE ToR Approve
Hiring Consultant IEE
IEE Completion
Hiring
Consultant/NGO/Individual
for FPIC
Completion of FPIC
3. Implementation Stage
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Year 2019 of Months Year 2020 of Months Year 2021 of Months Year 2022 of
Activities
1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7
RAP Implementation
IPDP Implementation
Formation of GRC
Issue notice to PAPs
Disbursement of
Compensation and
resettlement assistance
Takeover possession of
acquired property
Handover land to
contractors
Permission to contractor
to begin works through
written confirmation to
ADB from NEA upon
complete payment of
compensation/assistance
to PAPs is in particular
section
Start of the Civil Work
EMP Implementation
4. Intermittent Activity
(Monitoring and GRM)
Monitoring
Grievance Redress
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PICs will be established each site office. PIC staff will responsible for all type of consultation, handle
the grievances and information disclose in local level.
The Framework recommends a set of public consultation activities and information dissemination to
affected people. Public consultation will include both local government and civic society where the
PAPs would be regularly provided with information on the project, the resettlement process prior to
and during the preparation for resettlement actions. Mechanism of consultation and participation will
include –
In the early stage, project will initiate the consultation in process to collect the relevant primary and
secondary date by using focus group discussion and key informant interviews.
During the process of preparing RAP the public consultation will be made with the directly affected
families, similarly affected institutions, communities’ facilities representative and Rural Municipality or
Municipality or related wards office representative to find their view and share the information.
The public consultation will be made with PAPs as well as other stakeholders including Gender and
indigenous people will be requested to participate during the process of preparing IPDP.
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It is important to engage the concern stakeholders in meaningful and the project’s willingness and
ability to work with them. Through stakeholders mapping, different type of stakeholders will be
identified in terms of one or several of the following categories.
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A separate process of consultation shall take place if and when it is determined that FPIC process
needs to take place.
All relevant aspects of project planning and development shall be discussed with both primary and
secondary stakeholders of the project. Different techniques of consultation shall be used with
stakeholders during project preparation, viz., in-depth interviews and focus group discussions etc.
Consultations shall be organized with directly displaced population to understand their concerns and
elicit their suggestions on the types of mitigation measures that need to be considered in the project.
Particular attention shall be paid to the needs of disadvantaged or vulnerable groups, especially those
who are below the poverty line, the landless, the elderly, female-headed households, women, and
those without legal title to land.
• Sub Project affected villages, the Rural/Municipality, Wards Also, Elected representatives,
community leaders, and representatives of community – based organizations.
.
6.1.3 Secondary stakeholders
Secondary stakeholders are those people and institutions that are not directly affected by the Project
but show their concern in one-way or the other in the Project. The Secondary stakeholders include:
• Ministry of Energy and other Ministries and Departments of Government of Nepal (the
government).
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• Local social and cultural institutions in the Project Rural/Municipality and in the district.
The consultations and discussions with the project affected people and communities is a continuous
activity throughout the project cycle. It starts during the Project Preparation Technical Assistance
(PPTA) phase, is applied in the ongoing pre-construction phase, will be followed during the
construction phase, and can continue in the operation phase. PAPs and non-PAPs shall be kept
informed about the impacts, compensation and assistances, as well as the mitigation measures
through applicable social management plans.
This communication approach is in line with the CDS defined overall participatory approach to be
used to engender community involvement, ownership and empowerment. A participatory approach
will be used in implementing all Project interventions, from planning to execution and monitoring. The
CDS will place special emphasis on ensuring women, girls and socially excluded groups and to
encourage their participation in program interventions. Participation of both genders is expected and
encouraged to ensure that women and men work towards common goals and objectives within their
own communities and that women’s new roles knowledge and status is equally respected and
tolerated. During implementation, synergy will be built with existing government and non-government
initiatives and programs implemented across the project area.
DSUEP will continue the implementation of LARC requirements in close consultation with the Primary
stakeholders. Women’s and other vulnerable group’s participation will continue to be ensured by
involving them in public consultation throughout the Project implementation also through
arrangements, which would enhance their ability to attend consultation meetings and getting them
involved in active participation. DSUEP does ensure that views of PAPs, particularly those vulnerable,
women and IP related to the resettlement process, are looked into and addressed. This will be
ensured through group discussion and multi stakeholders’ meetings to be continued in the project
area. All such meetings and consultation will be documented for future references.
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The project will manage and set up the channel for disseminating information and will establish PIC
center in each project site office. The project center office (PIU) will manage the PIC properly. PIC is
responsible to disseminate information in district sub-projects areas stakeholders. NEA/PIU and other
relevant stakeholders will disclose the documents ESMF, RAP and IPDP/VCDP information through
their website www.nea.org and co-financers’ websites (www.aiib.org and www.eib.org) besides other
information dissemination methods such as pamphlets and radio. RAP and IPDP/VCDP will follow
consultation and information disclosure as per chapter 6 of this document.
• Two people from PAPs Representatives (from affected family - one Indigenous & one Women)
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First Step
LCF will be responsible to deal first level process and PIC and supervision consulting firm facilitated
to LCF which will be the first level of intervention to address grievances and complaints. Many
grievances can be resolved by providing contract and complete information. Complaints of PAPs and
communities on any aspect of compensation, relocation or un-address losses of private and
community properties shall in first instance be settle verbally or in written from the field at the PIC
level. The LCF and PIC/Supervision consulting firm will be responsible to listen and provide
information to PAPs and resolve their issue. The LCF may ask for the assistance of the project E&S
safeguard staff to help resolve the issue. The PIC records the details of grievance Name of persons,
address, phone number, date of received complaints, location, complaint resolution (if resolved). PICs
try to resolve the grievances within 10 days. If not resolved province level PIC will forward to DSUEP-
PIU safeguard unit.
Second Step
If the grievance remains unsolved the LCF forward the complaints to the safeguard unit through PIC.
Including E&S expert and safeguard unit of DSUEP-PIU will notify and review further steps. Safeguard
unit endorse with executive agency (EA) of DSUEP. EA will answer quires and find resolution for
grievance regarding the various issue of social and environmental within 7 days. The project E&S
specialists will undertake the corrective measure in such cases.
Third step
If the grievance remains unsolved it will be referred Grievance Redress Committee (GRC).
Compensation Declaration Committee is also Grievance Redress Committee itself. Project Manager
is the secretary of CDC and also secretary of GRM in this step. GRM will give the opportunity to
present her/his concern and GRC will suggest corrective measure within 10 days. The project social
safeguard specialist will be responsible for processing and placing all paper before the GRC
recording, decision, issuing minutes of meeting and taking follow up action to see that formal order
are issued and formal decision are carried out.
Fourth Step
If the all of the resolution methods fail, a legal redress mechanism can be adopted through Nepal
Judicial or appropriate administration system. Every stakeholder is always freedom to appeal court
without process of above step.
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1st Level
PAPs Ward Level: Municipality and Rural
Municipality
2nd Level
NEA Level
3rd Level
CDC level
4th Level
Law of Court
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The different stakeholders join in the different responsibility. NEA, Project itself, Bank, E&S expert or
specialist, line agencies etc. will monitor the project activities directly or indirectly. The monitoring
scopes are land acquisition resettlement and compensation of environmental and social safeguard
components. The documents, EIA/IEE/EMP, RAP, and IPDP/VCDP will be prepared for the project.
These all plan are required to implement by the project in different phase of project Mostly RAP will
implement preconstruction phase. EMP and IPDP will implement in construction phase. Participatory
monitoring approach will also be followed with the involvement of Indigenous Peoples, Indigenous
Peoples institutions, Indigenous Peoples leaders and other concerned stakeholders in external
monitoring.
A Monitoring & Evaluation (M&E) system will be established for the project, and safeguard compliance
will be integral part of the project M&E. Both an internal and periodic external monitoring is proposed
to ensure ESMF implementation. Internal monitoring will be carried out by the candidate site
Management Office regularly and periodically by central DSUEP PIU office, focusing on outcomes,
outputs and implementation progress for each DSUEP candidate sites and components. The
candidate site management office will submit to central PIU office NEA and Co-financers regular
bimonthly (once in two months) reports during implementation.
Similarly, periodic external monitoring will be carried out by independent consultant or agency using
quantitative and qualitative methods and review of information and site visit. The ESMF evaluation
will be mid-term and end term and both have to be third party evaluation.
The table showing indicators, methods, and responsibilities for social and environmental safeguard
Number of land and property owners affected by Review report, on the group field Candidate site Management
subprojects verification Office
Adherence to ESMF requirements including number of Review of report, direct Candidate site Management
screening carried out for subproject selection observation Office
Adherence to mitigation measures (social and Review of report, field verification Candidate site Management
environmental) during planning and design (preparation of Office
documents)
ESMF requirements incorporated in tender and bidding Review of tender/contract PIU/ Consultant
documents as needed document
No. of complaints filed and grievances handled/ managed Review periodic reports PIU/ Consultant
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Mitigation measures deployed to address the adverse Review periodic reports, site visit PIU/ Consultant
impacts and enhance beneficial impacts including and consultations
compensation payment, R&R assistances, skill training and
livelihood restoration of PAPs
Use of internal and external/ independent experts/ agency Review of contract documents PIU/ Consultant
for monitoring and reporting and published/ unpublished
reports
Responsibility of Monitoring: The environmental and social expert of PMU is responsible for central
level periodic internal monitoring of ESMF. The mid-term and end term monitoring shall be done by
external experts.
7.5 Training
Training is an important component for developing capacities. Appropriate and timely training to the
officials with regard to various issues can bring a positive change in the functioning of the staff. Apart
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from training in generic areas such as human resource management, information management,
government functionaries require training in handling certain specialized tasks pertaining to
environmental and social issues. The Project’s consultant will identify the training need assessment
for PIU and staff of Candidate Sites and suggest the training packages including their modality of
operation.
b) Orientations on ESMF and awareness raising about Project and management/ mitigation of
impacts;
f) Construction related hazards in DSUEP and related occupational and safety issues and their
management.
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8. ESMF BUDGET
Each RAP, IPDP/VCDP (or RIPP) will have its own budget, taking into account all the activities
associated with the formulation and implementation of the IPDP (or RIPP) and engagement of a
qualified expert in case an FPIC process is triggered. Tentative Budget will be required for the
implementation of ESMF which has been dealt in the following sections.
Assistance
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EMP Documents Implementation Plantation, caring, and other mitigation 26,450,000.00 240,454.55
cost
ii. The production of, or trade in, any product or activity deemed illegal under national laws or
regulations of the country in which the Project is located, or international conventions and
agreements, or subject to international phase out or bans, such as:
o Production of, or trade in, ozone depleting substances subject to international phase
out (Montreal Protocol)
iii. Trade in wildlife or production of, or trade in, wildlife products regulated under the Convention
on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
iv. Trans-boundary movements of waste prohibited under international law (Basel Convention)
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v. Production of, or trade in, weapons and munitions, including paramilitary materials.
vi. Production of, or trade in, alcoholic beverages, excluding beer and wine
xi. Commercial logging operations or the purchase of logging equipment for use in primary
tropical moist forests or old-growth forests
xii. Production or trade in wood or other forestry products other than from sustainably managed
forests
xiii. Marine and coastal fishing practices, such as large-scale pelagic drift net fishing and fine mesh
net fishing, harmful to vulnerable and protected species in large numbers and damaging to
marine biodiversity and habitats
xiv. Shipment of oil or other hazardous substances in tankers that do not comply with IMO
requirements (IMO, MARPOL, SOLAS and Paris MOU)
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3) Projects unacceptable in Projects in protected areas, critical The EIB statement of environmental
environmental and social terms habitats and heritage sites, without and social principles and standards,
adequate compensation / mitigation in particular: 58, 71, and 72
4) Ethically or morally controversial Sex trade and related infrastructure, *) existing EIB practice; activities
projects services and media; animal testing*); involving live animals for
gambling and related equipment, experimental and scientific purposes
hotels with in-house casinos; tobacco are eligible insofar as in compliance
(production, manufacturing, with the "directive 2010/63/eu of the
processing, and distribution) European Parliament and of the
council of 22 September 2010 on the
protection of animals used for
scientific purposes”
All the above types of investments are excluded. Moreover, loans under the mandates may be further
restricted to specific sectors and activities to comply with the EIB lending policies, as agreed by the
board of Directors, as well as priorities attached by the respective EU co-operation objectives or the
lending mandate.
Other exclusions
b. The bank does not finance projects with a political or religious content
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REFERENCES
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Protected Areas and/or Forest (Are there any Protected Areas or Forest on the sub project
B.1 sites? If yes, please provide relevant information such as Name of forest, size, species
found, and ownership type, Problems and causes of problems.
Substation
11 KV
33 KV
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Informational on Vegetation and Wildlife found in the National Park, Conservation Area,
B.2
Community Forest, National Forest etc.
Remarks (Protected
Trees Medicinal Herbs Wild Animals Species and
Wildlife, if any)
Substation
11 KV
33 KV
Substation
11 KV
33 KV
B.4 Are there any water sources within or near the Subproject area
If yes, explain existing condition: Aquatic life (Name of water source, aquatic species found
in water source)
Substation
11 KV
33 KV
B.5 Are there any built structures within the subproject sites/boundary? (Tick Mark)
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Substation
11 KV
33 KV
Does it require relocation or damages public / Community properties (water supply pipe,
B.6 access road, temple, Pati, Pauwa, Chautara irrigation cannel etc.) due to construction
works:
Substation
11 KV
33 KV
B.7 Are there any Historical / Religious / Cultural areas on the sub project sites? (Tick Mark)
Substation
11 KV
33 KV
Yes No
Substation
11 KV
33 KV
Substation
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11 KV
33 KV
B.9 Is the site located on main settlement and agriculture land area or Bazar area? (Tick).
Substation
11 KV
33 KV
11 KV
33 KV
B.11 Is there any need of resettlement of affected family due to implementation of subproject?
Substation
11 KV
33 KV
Dose the projects affect any type of livelihoods of the people and community? Please
B.12
mention.
If yes, Type of Livelihood like Business, firm, small shops, tea shops or
Yes No
indigenous occupations etc.
Substation
11 KV
33 KV
B.14 If yes of B.11 and B.12 please provide the following information
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Substation
11 KV
33 KV
Would the proposed project lead to significant increase in population density which could
B.16
affect social sustainability of the project?
11 KV
33 KV
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indigenous groups
Include number of
HH TP Fe M J D O MM
the population
Total
Economic condition of the Subproject Areas
S. N. = Serials Numbers, HH= Household, Agri= Agriculture, Self EMP = Self-employment, F. Emp
Foreign Employment
Occupation division HH
S. N Name of Settlements Total HH Self F.
Agri Service Business Emp Emp
Screening check list completed by: Checklist reviewed and approved by:
Name: Name:
Designation: Designation:
Date: Date.
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2. Physical Environment
a. Construction Phase
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Institutional Responsibility
Beneficial/Adverse Environmental Mitigation for augmentation
Environmental Issues Mitigation Cost (NRs.)
Impacts Measures Supervis
Implementation
ion
i. Relocation of Utilities • Disturbance in • Alignment with minimum damage Contractor NEA/PIU
public daily to public utility shall be chosen.
activities. • Public utilities (Tap, Electric and
Telephone Pole, water supply Contract Cost
line) shall be relocated as fast as
possible.
i. Change in land use • Loss in agriculture • Selecting distribution line route
production. which have less land acquisition
requirements
• Wherever possible the
distribution line route will avoid
forest and wet land
• To the extent of possible, barren
land will be selected for
distribution line route and for
construction of substation
• the proposed distribution line will
be aligned along the existing
RoW of road without hampering
traffic movement
ii. Land Pollution • Soil Erosion • Highly vulnerable slope shall be Contractor NEA/PIU
• Loss of fertility of stabilized using retaining walls.
soil • Bio-engineering plan shall be Contract Cost
prepared and schedule before
monsoon
iii. Losses of Standing Crops • Loss on agriculture • Stringing of the distribution line Contractor NEA/PIU
product and other construction activities Contract Cost
will be done in off-farming season
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Institutional Responsibility
Beneficial/Adverse Environmental Mitigation for augmentation
Environmental Issues Mitigation Cost (NRs.)
Impacts Measures Supervis
Implementation
ion
• Affect the income of • the proposed distribution line will
farmer be aligned along the existing
RoW of road and edges of the
fields
• The affected farmers shall be
suitably compensated of
standing crops and fruits on the
basis district agriculture rate
valuation by district agriculture
office
iv. land stability and soil • Landslide • The pole location identified for Contractor NEA/PIU
erosion • Soil erosion distribution line should be stable
and in flat ground if possible.
• Proper geological study shall be
conducted to determine the Contract Cost
ground conditions if necessary.
• The excavation shall not be done
during rainy season in hilly slope
v. Earthquake stability of line • Damage of • To minimize the possible Design- Consultant NEA/PIU
and substation location Distribution line, impacts, structure shall be
pole and properly designed to resist
Substation earthquake load and also the Construction -
stability of land shall be duly Contractor
checked. Contract Cost
• The polewill not be constructed in
fracture and crack rock mass and
fault area without proper design
and ensuring stability.
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Institutional Responsibility
Beneficial/Adverse Environmental Mitigation for augmentation
Environmental Issues Mitigation Cost (NRs.)
Impacts Measures Supervis
Implementation
ion
vi. stockpiling of construction • Deposition of• Stockpile should not be located Contractor NEA/PIU
material on temporary land construction on/near water courses, schools,
material in lower hospitals or public standpipes;
agricultural land and should not affect locals and
and nearby natural their properties.
stream • Stockpiles subject to erosion by
• Reduction in fertility wind or water should be covered Contract Cost
of land with tarpaulins. For large
stockpiles, it should be enclosed
with side barriers and also
covered when not in use.
• Clean area properly after
completion.
vii.waste and spoil disposal • Loss of land • Site shall be located far from Contractor NEA/PIU
productivity. settlement.
• Water pollution. • Barren and unfertile land shall be
selected. Contract Cost
• The site shall not be located near
water body.
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Institutional Responsibility
Beneficial/Adverse Environmental Mitigation for augmentation
Environmental Issues Mitigation Cost (NRs.)
Impacts Measures Supervis
Implementation
ion
viii. Noise and Vibration • Noise Pollution • The vehicle being used for Contractor NEA/PIU
• Lessen the rock transportation of construction
strata material and spoil shall be
regularly checked and kept in
good condition. Vehicles
producing high sound will not be
allowed to move on the road and
near working site
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Institutional Responsibility
Beneficial/Adverse Environmental Mitigation for augmentation
Environmental Issues Mitigation Cost (NRs.)
Impacts Measures Supervis
Implementation
ion
instability and result in destruction
of property, vegetation and local
services.
xi. Dust Nuisance • Air Pollution • The construction material and Contractor NEA/PIU
• Health impacts. spoil will be covered by tarpaulin
• Reduce aesthetic during transportation
scenery • Construction materials shall be
covered with tarpaulin during Contract Cost
stockpiling to prevent rain water
and dust emission generated
from the stockpiling site.
d. Operation Phase
i. Noise and Vibration • Health hazard of •
NEA/PIU
Pollution the people living
near distribution
line route and
substation.
• Disturbed wildlife
activities.
ii. interference of distribution • Reduce available • Distribution lines and substation NEA/PIU
line with roads, other lines sight and stopping location will be kept sufficiently
and infrastructure distance of road. away from road edge - not to
• Increase in road hamper the setback and sight
accident distance.
• The distribution lines and
substation location will be away
from water source.
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Institutional Responsibility
Beneficial/Adverse Environmental Mitigation for augmentation
Environmental Issues Mitigation Cost (NRs.)
Impacts Measures Supervis
Implementation
ion
• While installing electric
distribution lines of more than 11
kV across the road in a densely
populated area, the double
insulator system shall have to be
used.
3. Biological Environment
a. Construction Stage
i. Clearance of shrubs, and • Loss of vegetation. • To the extent of possibility, the
Contractor NEA/PIU
tree • Loss of wildlife distribution line route and
habitat substation location will be select
on barren land to minimize the
need for vegetation losses.
• The losses of trees and vegetation
shall be compensation as per the
prevailing rule of 1:25. Contract Cost
• Only the trees lying on the
distribution line route and
substation location as needed and
approved by DoF will be cleared
and the work will be monitored by
the DFO, CFUG, supervision
consultant or agencies
ii. Collection of forest product • Deforestation. • Contractor shall provide all the fuel Contractor NEA/PIU
for firewood and timber • Loss of vegetation. requires for the construction. Contract Cost
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Institutional Responsibility
Beneficial/Adverse Environmental Mitigation for augmentation
Environmental Issues Mitigation Cost (NRs.)
Impacts Measures Supervis
Implementation
ion
• Use of forest product as fuel shall
be restricted, if found shall be
compensated.
• Contract documents must include
provisions to instruct contractor to
arrange alternate energy sources
such as kerosene or LPG for
labour
iii. Disturbance of wild and wild • Restrict the animal • Work will be conducted during day
Contractor NEA/PIU
life habitat movement. time only. Contract Cost
• • .
iv. Hunting and Poaching of • Losses of wild • Construction activities will be
Contractor NEA/PIU
wildlife animals. carried out during day time to
prevent disturbance to wildlife. Contract Cost
• The contractor shall prevent illegal
hunting of wildlife for meat.
v. Habitat fragmentation • Disturb the • Attempt shall be carried out to
Contractor NEA/PIU
movement of wild minimize the clearance of trees
animal and vegetation by selecting the Contract Cost
• Break the natural route along barren land.
route
vi. Forest fire hazard • Losses of forest • The proper spacing between the
Contractor NEA/PIU
species. wire and wire and plant shall be Contract Cost
• Deforestation kept as per Electricity Act.
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caste people:
PAPs who live
under
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Responsible
Types Parameter Indicator Method Schedule Location
Agencies
Baseline Monitoring
Physical Land use Land use change Observation Prior to implementation of Project acquired Consultant, NEA
Environmen the project areas
t Prior to implementation of Construction sites Consultant, NEA
Land pollution due to soil erosion Land Plot Observation
and landslide the project
Air, Noise, Vibration and water Dust, particulate Sampling Prior to implementation of Construction sites Consultant, NEA
pollution matter, CO, NO, and analysis the project
SO2, Noise level
and vibration and
water quality.
Biological Forest/vegetation and Rare, Forest status and Field Prior to implementation of Proposed project Consultant, NEA,
Environmen endangered, endemic and vegetation type observation the project structures and DFO
t threatened of flora and fauna and facilities sites
discussion
Harvesting of non-timber forest Loss of non-timber Observation Prior to implementation of Project sites and Consultant, NEA,
product product the project nearby forest DFO
Socio- Cultural and religious values Change in lifestyle, Observation Prior to implementation of Local people Consultant, NEA
economic/ value and skill and the project
transfer discussion
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Responsible
Types Parameter Indicator Method Schedule Location
Agencies
with local
people
cultural Local infrastructure Stress on local Observation Prior to implementation of Local people and Consultant
Environment infrastructure and the project affected MP/RMP
discussion
with local
people
Impact Monitoring for Construction Phase
Physical Land pollution due to soil erosion Land degradation Inspection Quarterly Construction sites Consultant, NEA
Environmen and landslide
t
Topography and soil Topographical Observation Quarterly Project acquired Consultant, NEA
change areas
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Responsible
Types Parameter Indicator Method Schedule Location
Agencies
Air Pollution Dust particulate Sampling Quarterly Construction sites Consultant, NEA
matter, CO, NO, and analysis
SO2
Watershed/drainage Depletion of water Inspection Quarterly Project acquired Consultant, NEA
resources, natural areas
drainage system
Noise and vibration Noise level, Observation Quarterly Construction sites Consultant, NEA
vibration and
sampling
Biological Forest/vegetation Number of trees Observation Monthly Project sites and DFO, Consultant,
Environmen removed and facilities NEA
t discussion
Protected flora and fauna Changes in Observation Quarterly Project sites and DFO, Consultant,
protected flora and and facilities NEA
fauna discussion
with local
people
Harvesting of forest product Loss of forest Observation Quarterly Project site and DFO, Consultant,
product nearby forest NEA
Habitat Loss of vegetation Observation Weekly Project site and DFO, Consultant,
nearby forest NEA
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Responsible
Types Parameter Indicator Method Schedule Location
Agencies
Hunting and poaching by Movement of Observation Quarterly Project site and DFO, Consultant,
workforce wildlife and nearby forest NEA
discussion
Socio- Loss of land Compensation and Observation Quarterly Members of affected Consultant, NEA,
economic use of it and families CDC
and cultural discussion
Environmen with local
t people
Community Health and Occurrence of Observation Quarterly Affected MP/RMP Consultant, NEA
sanitation diseases and
discussion
with local
people
Occupational health and safety Use of personal Observation Daily Project construction Consultant, NEA
protective and sites
equipment (PPE), discussion
warning and with local
caution sign people
fencing of
construction area
Existing law and order situation Incidence of impact Observation Weekly Local People Consultant, NEA
on existing law and and
order situation discussion
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Responsible
Types Parameter Indicator Method Schedule Location
Agencies
with local
people
Local economy due to increased Nos. Of local Observation Quarterly Project areas Consultant, NEA
economic activities people employed in and review of
the project and records
involvement in
other economic
activities
Gender and vulnerable group Likely Observation Weekly Local people Consultant, NEA
including child labour discrimination and
discussion
with local
people
Impact Monitoring for Operation Phase
Physical Land use Change in land use Observation Annual In the vicinity of NEA
Environmen pattern and project sites
t discussion
with local
inhabitants
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Responsible
Types Parameter Indicator Method Schedule Location
Agencies
Losses of forest product Losses and cutting Observation Annual Projects sites and NEA
Biological nearby forest
of tress and
Environment
discussion
Economic opportunity Status of local Observation Annual Project areas NEA
economy and
discussion
Socio-
Employment Nos. of local people Observation Annual Project office NEA
economic
and cultural employed in and cross
Environmen operation phase checking the
t list of
employment
Quality of rural life Status of local Observation Annual Project affected NEA
people and areas
discussion
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Annexure 5
Outline of a resettlement action plan
A. Executive Summary
This section concisely summarizes the critical facts, significant findings, an entitlement matrix, and
recommended actions specifying responsible parties, deadlines and budget. It also states the
resettlement guiding principles and objectives.
B. Subproject Description
This section provides a general description of the project and its direct and indirect area of influence,
discusses project components that result in land acquisition, involuntary resettlement, or both. It also
describes the alternatives considered to avoid or minimize resettlement. Include a table with quantified
data and provide a rationale for the final decision.
C. Scope of Land Acquisition and Resettlement
This section: (i) discusses the project’s potential impacts, and includes maps of the areas or corridor
of impact of project components or activities; (ii) describes the scope of land acquisition (provide
maps) and explains why it is necessary for the main investment project; (iii) summarizes the key
effects in terms of assets acquired and displaced persons, paying special attention to vulnerable
groups; and (iv) provides details of any common property resources that will be acquired.
D. Socioeconomic Information and Profile
This section outlines the results of the social impact assessment, the census survey, and other
studies, with information and/or data disaggregated by gender, vulnerability, and other social
groupings, including: (i) define, identify, and enumerate the people and communities to be affected;
(ii) describe the likely impacts of land and asset acquisition on people, communities and their
livelihoods taking social, cultural, and economic parameters into account; (iii) discuss the project’s
impacts on the poor, indigenous and/or ethnic minorities, and other vulnerable groups; (iv) the discuss
the socioeconomic situation, impacts, needs, and priorities of women; and (v) stipulate the cut-off date
for eligibility claims.
E. Information Disclosure, Consultation, and Participation
This section: (i) identifies project stakeholders, especially primary stakeholders; (ii) describes the
consultation and participation mechanisms to be used during the different stages of the project cycle;
(iii) describes the activities undertaken to disseminate project and resettlement information during
project design and preparation for engaging stakeholders; (iv) summarizes the results of consultations
with project affected people (including host communities), and discusses how concerns raised and
recommendations made were addressed in the resettlement plan; (v) confirms disclosure of the draft
resettlement plan to project affected people and includes arrangements to disclose any subsequent
plans; and, (vi) describes the planned information disclosure measures (including the type of
information to be disseminated and the method of dissemination) and the process for consultation
with project affected people during project implementation.
F. Grievance Redress Mechanisms
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This section describes mechanisms for the settlement of disputes arising from resettlement related
issues. It explains how the procedures are accessible to all affected persons and how they have been
designed in a manner allowing easy access to women, vulnerable groups and indigenous people.
G. Legal Framework
This section: (i) describes national and local laws and regulations that apply to project related land
and asset acquisition, in particular with regard to valuation/compensation, resolution of conflicts and
appeals procedures; (ii) identify gaps between local laws and ADB's and EIB’s policy requirements
and discuss how any gaps will be addressed; (iii) describes the legal and policy commitments from
the executing agency for all types of displaced persons; (iv) outlines the principles and methodologies
used for valuations and determining compensation rates at replacement cost for assets, incomes, and
livelihoods, but also sets out the compensation and assistance eligibility criteria and how and when
compensation and assistance will be provided. (v) describes the land acquisition process and prepare
a schedule for meeting key procedural requirements.
H. Entitlements, Assistance and Benefits
This section: (i) defines displaced persons’ entitlements and eligibility, and describes all resettlement
assistance measures (includes an entitlement matrix); (ii) specifies all assistance to vulnerable
groups, including women, and other special groups; and (iii) outlines opportunities for project affected
people to derive appropriate development benefits from the project.
I. Income Restoration and Rehabilitation
This section:(i) identifies livelihood risks and prepares disaggregated tables based on demographic
data and livelihood sources;(ii) describes income restoration programs, including multiple sustainable
arrangements for restoring all types of livelihoods (examples include project benefit sharing, revenue
sharing arrangements, joint stock for equity contributions such as land, discuss sustainability and
safety nets);(iii) outlines measures to provide social safety net through social insurance and/or project
special funds;(iv) describes special measures to support vulnerable groups;(v) explains gender
considerations; and(vi) describes training programs.
J. Resettlement Budget and Financing Plan
This section:(i) provides an itemized budget for all resettlement activities, including settlement unit,
staff training, monitoring and evaluation, and preparation of resettlement plans during loan
implementation.(ii) describes the flow of funds (the annual resettlement budget should show the
budget-scheduled expenditure for key items).(iii) includes a justification for all assumptions made in
calculating compensation rates and other cost estimates (taking into account both physical and cost
contingencies), plus replacement costs.(iv) includes information about the source of funding for the
resettlement plan budget.
K. Institutional Arrangements
This section:(i) describes institutional set-up and responsibilities;(ii) includes institutional capacity
building program, including technical assistance, if required;(iii) describes role of NGOs, if involved,
and organizations of project affected people in resettlement planning and management; and(iv)
describes how women, minorities and other vulnerable groupswill be involved in resettlement planning
and management,
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L. Implementation Schedule
This section includes a detailed, time bound, implementation schedule for all key resettlement
activities, including rehabilitation and livelihood restoration. There settlement implementation
schedule needs to be closely aligned with the schedule for all relevant works throughout the
preparatory and construction phases.
N. Monitoring, Reporting and Evaluation
This section describes the mechanisms and benchmarks for monitoring and reporting, as well as for
evaluation of RAP implementation. It also specifies arrangements for participation of project affected
people in the preparation and validation of monitoring and evaluation reports.
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Annexure – 6
Outline of indigenous people development plan / Vulnerable Communities Development
PLan
A. Executive Summary
This section concisely summarizes the critical facts, significant findings, and recommended actions
specifying responsible parties, deadlines and budget.
B. Description of the Subproject
This section provides a general description of the project and its direct and indirect area of influence;
discusses project components and activities that may bring impacts on Indigenous
Peoples/Vulnerable Communities; and identify project area.
C. Social Impact Assessment
This section:(i) reviews the legal and institutional framework applicable to Indigenous
Peoples/Vulnerable Communities in the project context; (ii) provides baseline information on the
demographic, social, cultural, and political characteristics of the affected indigenous communities; the
land and territories that they have traditionally owned or customarily used or occupied; and the natural
resources10 on which they depend.(iii) identifies key project stakeholders and elaborates a culturally
appropriate and gender-sensitive process for meaningful consultation with the affected indigenous
communities at each stage of project preparation and implementation, with the objective of achieving
free, prior and informed consent (FPIC).(iv) assesses risks, vulnerability levels and potential project
impacts (both positive and negative), based on free, prior and informed engagement (FPIE) with the
affected indigenous communities11. (v) includes a gender-sensitive assessment of the affected
indigenous communities’ perceptions about the project and its impact on their social, economic, and
cultural status.
D. Information Disclosure, Consultation and Participation
This section:(i) describes the information disclosure, consultation and participation process with the
affected indigenous communities that was carried out during project preparation; (ii) summarizes their
comments on the results of the social impact assessment and identifies concerns raised during
consultation and how these have been addressed in project design;(iii) in case of FPIC being required,
documents the process and outcome of consultations with affected indigenous communities and any
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agreement resulting from such consultations for the project activities and safeguard measures;(iv)
describes consultation and participation mechanisms to be used during implementation; and(v)
confirms disclosure of the draft and final IPDP to the affected indigenous communities.
E. Beneficial Measures
This section specifies clear and detailed benefit-sharing arrangements to ensure that the affected
indigenous communities receive social and economic benefits that are culturally appropriate, and
gender responsive.
F. Mitigation Measures
This section specifies the measures to primarily avoid adverse impacts on the affected indigenous
communities; and where avoidance is impossible, specifies measures to minimize, mitigate or
effectively remedy adverse impacts. These measures are to be identified and defined through a
process of meaningful consultation.
G. Capacity Building
This section provides measures to strengthen the social, legal, and technical capabilities of (a)
government institutions to address Indigenous Peoples issues in the project area; and (b) Indigenous
Peoples organizations in the project area to enable them to represent the affected Indigenous Peoples
more effectively.
H. Grievance Redress Mechanism
This section describes procedures to address and resolve grievances of affected indigenous
communities. It also describes how these procedures are best made accessible for indigenous
people, as well as culturally appropriate and gender sensitive. It also takes into account the availability
of judicial recourse and customary dispute settlement mechanisms among the indigenous peoples.
I. Monitoring, Reporting and Evaluation
This section describes the mechanisms and benchmarks form on it and reporting, as well as for
evaluation of IPDP implementation. It also specifies arrangements for participation of affected
indigenous communities in the preparation and validation of monitoring and evaluation reports.
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Annexure 7
Ips & Vulnerable Groups Impact Screening & Categorization Form
A. IPs Checklist
Name of Subprojects:
B. Identification of Impact on IPs/ Vulnerable Group in Sub-project Area
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E. Decision on Categorization
After reviewing the above, it is determined that the sub-project is:
Categorized as an A project, an Indigenous Peoples Development Plan (IPDP) is required
Categorized as a B project, a specific action favorable to indigenous peoples is required and
addressed through a specific provision in related plans such as a Resettlement Plan, or a general
Social Action Plan
Categorized as a ‘C’ project, no IPDP or specific action required
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Annexure 8
Socio – Economic Household Survey Questionnaire
Distribution System Upgrade and expansion Project (DSUEP)
1. Project Component tick one (Substation, 33kV, 11kV) HH No.
1.1 Name of 33/11kV substation
1.2 Name of road of the Alignment of 33kV distribution lines and 11 kV distribution lines
1.3 33kV lines
………………………………………………………………………………………………………
1.4 11 kV lines ……………………………………………………………………………………………..
2. General Information.
2.1 District……………………………………………………………
2.2 Rural Municipality / Municipality………………………………
2.3 Ward No……………………………………..
2.4 Village/Tole……………………………
3. Household Information
3.1 Name of Household Head ………………………………………….
3.2 Caste a) Dalit, b) Janajati c) Others (Brahmin, Chhetri, Dasnami, Thakuri)
3.3 Religion ……………………..
4. House Facilities. Type Toilet, …………drinking water, ………….. electricity, ……
5. How many months do you have food sufficiency from your own production? Months ………
6. Demography details of a Household
S.N Name Gend Age Occupati Education Disability Interested Remark
er on Training
HH
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7. Do you have poverty identify card issued by the Nepal Government? Yes/No If yes please write
the Card No ……………….. Name…………
8. Loss of land and market value of Land.
10. Loss of private Land, tree, fruits etc. (Substation or Distribution Lines) from (only private land)
Name of Sheet Title No Unit Area No of fodder No of fruits
owner No. trees
11. If Structure loss from the Project (Substation or Distribution Lines) (Private & Public Land)
S.N. Type of House No Kitchen Shed Toilet wall others
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Irrigate
Un-irrigate
Grass land
17. What type of disease does you has suffered your family during the year? Please write name of
disease. …………………………………………………………
18. Please the mention the service centers access.
Police
S.N. Health School Ward Municipality Bank office Market Road
Distance
Time
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19. What type of training will you / your family member want to involve if the project conduct? Age
should be 24 to 45 only please tick following only one and writ the Name of person.
a) House wiring b) welding c) off / season vegetable farming d) livestock - buffalo/goat/pig etc.
keeping, e) Poultry farming etc. f) other specify ……………………
Mane
Women
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Annexure 9
Discussion and meaningful consultation with indigenous people for FPIC proposed
1. Call meeting fixing time and place.
a. Date ………………………. Time………………
b. Place…………………. Municipality……………………… ward……………
c.
2 Attendance
i) Focus group Discussion with available indigenous12peoples within the project areas for free prior and
informed consent
12
A) Endangered Groups :- Bankariya, Kusunda, Kusbadiya, Raute, Surel, Hayu, Raji, Kisan, Lepech, Meche
B) Highly Marginalized Groups :- Santhal, Jhagad, Chepang, Thami, Majhi, Bote, Dhanuk (Rajbansi), Lhomi (Singsawa),
Thudamba, Siyar(chumba), Baramu, Danuwar,
C) Marginalized Groups :- Sunuwar, Tharu, Tamang, Bhujel, Kumal, Rajbansi (Koch), Gangai, Dhimal, Bhote, Darai,
Tajpuriya, Pahari, Dhokpya (Topkegola), Dolpo, Free, Magal, Larke (Nupriba), Lhopa, Dura, Walung,
D) Disadvantaged Groups :- Jirel, Tangbe (Tanbetani), Hyolmo, Limbu, Yakkha, Rai, Chhantyal, Magar, Chhairotan,
TingaunleThakali, Baragaunle, Gurung, Byansi, Marphali, Sherpa.
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Discussion made about the Free prior and informed consent discussion on Project benefits and need
with indigenous peoples in subproject areas, and free make decision to IPs and write consents and
signature.at bottom after decision.
…………………………………………………………………………………………………………………
……………………………………………………………………………………………………………
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Annexure 10
Environmental and Social Trimester Monitoring Report Template
Table of Content
1. Introduction
2. Description of Project
3. Progress Status
8. Environmental Monitoring
11. Conclusion
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Table of Content
1. The Project Details
3. Methodology of Monitoring
4.2. Monitoring indicators and the parameters as per the RAP, VCDP, IPDP, GAP
5. Monitoring Results
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Annexure 11
Labour camp guidelines
The main purpose for the preparation of camp standard is to assist in the effective implementation of
Environmental and Social Management Framework (ESMF) and to achieve sustainable development
ensuring no any adverse impacts upon environment and society. An attempt has been made to
prepare this standard for RAIDP funding rural & agricultural roads and bridge referencing other
manuals for environmental and social aspects published by GESU-DOR. The establishment and
operation of a camp is likely to produce adverse impacts upon the bio-physical as well as the social
and economic environments. It is imperative to safeguard the environment and society and to reduce
and mitigate the negative impacts that are likely to be produced for the operation of camps. It is
envisaged that a contractor will follow the following guidelines during the operation of camps in the
project areas and hope that the project will be accomplished and benefited including local community
and labor workers. Similarly, central level monitoring will be executed for the proposed camp sites
under the consideration of following guidelines.
After the selection of the camp site by the project, the contractor shall submit to the project a detailed
layout plan for development of the construction camp, indicating the various structures to be
constructed including the temporary structures to be put up, drainage and other facilities. The plan
will include the redevelopment of sites to pre-construction stage.
The contractor shall provide temporary accommodation to all the workers employed by him for such
a period as the construction work is in progress. The contractor shall not charge any cost to the
resident labour.
Lodging facilities
2. The accommodation areas for workers shall be designed, constructed and furnished having regard
to the working conditions and the number and gender of the workers
3. Changing rooms shall be provided for workers who are required to wear working clothes. Provision
shall be made for separate changing rooms for men and women
4. A contractor shall prevent labor workers to sleep on the open floor. Wooden or bamboo beds shall
be provided and elevated at least 12 inches from the floor. If double-deck bunk is used, it shall be
spaced not less than 48 inches laterally. The minimum clear space between the lower and upper bunk
shall be not less than 27 inches. Triple-deck bunks are prohibited
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5. The availability and proper storage of quality food and potable water is also the responsibility of a
contractor. The quality of food grains and other consumable items and water must be provided. In
case labors wish to prepare their own meals, the contractor shall provide adequate cooking facilities.
In camps where cooking facilities are used in common, legal source of energy shall be provided. Such
kitchen shall be established at least 10m distance from any sort of water sources
6. If a camp is used during cold weather, adequate heating equipment/insulation shall be provided.
Camp members shall be provided with adequate bedding material sufficient to prevent cold
7. Workers shall be provided with facilities enabling them to take their meals and rest in satisfactory
conditions. If meals are not provided for the workers on the site, they shall be provided with facilities
enabling them to preserve the foodstuffs they have brought with them and, if necessary, to heat them
9. Workers working on a construction site shall be provided with drinking water which meets the
standards established for drinking water
10. Lavatories facilities should be adequate for the capacity of a camp. The lavatories to labor ration
should not be less than 1:15
11. The lavatories shall be adequately lighted and shall be maintained in a clean sanitary condition at
all times. Water shall be provided in or near the lavatories by storage in suitable containers (tank,
buckets etc.)
12. If proper sewerage system is not available at the proposed camp site, contractor shall establish
eco-friendly toilets with septic tank for the proper disposal of waste. Bamboos and plastic sheets shall
be used as encircle material for the establishment of temporary toilets. However, contractor shall
ensure that the site is free from open defecation
13. Provision shall be made for separate lavatories for men and women on the camp site and these
rooms shall be distinctly marked "for men" and "for women" by signs printed in native language of the
persons occupying the camp, or marked with easily understood pictures or symbols. If the facilities
for each sex are in the same building, they shall be separated by solid walls or partitions extending
from the floor to the roof or ceiling
14. According to the nature of the work, a sufficient number of suitable washbasins or showers with
running water shall be provided for workers, meaning not less than one washbasin for every 5-10
workers or one shower for every 10-15 workers. Provision shall be made for separate washbasins for
men and women
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Lighting
15. "Lighting" where electric service is available, each habitable room in a camp shall be provided
with at least one ceiling-type light fixture. Toilet rooms and rooms where people congregate shall
contain at least one ceiling- or wall-type fixture lighting system. Utilization of electricity from a public
supply source should not affect its availability and cost to the local population
Waste disposal
16. Contractor shall provide adequate waste disposal facilities for the storage of garbage and shall
be located within 100 ft. of each shelter on a wooden, metal, or concrete stand. Waste disposal
management, including burning, should not in any way disturb the neighboring population nor
residents of the camp itself
17. Garbage containers shall be kept clean and shall be emptied when full, but not less than twice a
week
18. Incase garbage is disposed, only biodegradable waste and organic kitchen waste shall be dumped
in pit. Non-biodegradable wastes shall be kept in containers and shall be disposed into proper place.
Pit shall be at least 150 ft. away from the camp site, whereas contractor shall ensure that diseases
will not spread into nearby community and any sort of contamination into water bodies and ambient
environment. Contractor shall also ensure that the pit is covered properly after disposal of degradable
waste everyday to reduce spread of fly and rodents. Turn wise maintain of Pit shall be carried out by
workers for maintain properly
19. Liquid waste generated from the camp site shall not be disposed directly into any surface water
bodies. The contractor shall ensure proper management of ground-drainage from camps as a
preventive measure against breeding places of mosquitoes and other pests
20. Contractor shall provide adequate health services to workers on the site. A permanent health
worker is required in large work camps (100 workers or more).
27 Construction sites shall be equipped with First Aid Kit at every construction campsite with essential
first aid equipment and stretchers.
28 One person should be assigned as in-charge who shall always be readily available during working
hours of the work places.
30 The contractor shall ensure that first aid can be provided to workers who have had an accident or
have suddenly been taken ill on the site.
31 First Aid Kit, distinctly marked with Red Cross on white back ground and shall contain minimum of
the following or similar items:
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• 1 snakebite lancet
• Eyewash, etc.
32 Suitable transport to the nearest approachable hospital should be made available. Formal
arrangement shall be prescribed to make motor transport or ambulance available to carry injured
person or person suddenly taken ill to the nearest hospital
33 If hospital is far away, proper medical clinic facility should be made available at camp where
emergency treatment is available. Thereafter, the injured shall be taken to hospital
34 Effective measures for insect and rodent control shall be taken to prevent infestation by and
harborage of animal or insect vectors or pests. Mosquito net shall be provided to workers during
summer season
Fire safety
35 The construction camps shall be equipped with fire-fighting equipment and facilities.
36 Fire extinguishing equipment shall be provided at readily accessible and adequately marked
locations at Camp
38 At least one fire extinguisher shall be provided, where flammable liquids or combustible materials
are stored, handled or used
39 Proper pictorial posters should be used to indicate to everyone the location of fire-fighting
equipment.
40 Fire extinguishing equipment shall be of a suitable type and size to permit the evacuation of
workers during a fire.
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Distribution System Upgrade & Expansion Project
Environment & Social Management Framework
42 Every fire extinguisher shall be inspected for defects or deterioration at least once a month by a
competent worker who shall record the date of the inspection on a tag attached to it
Other
43 A camp site shall be adequately drained. All temporary camps shall be constructed using tents,
and shall be closed from all side to protect from wind and water, while at the same time ensuring
ventilation
44 The optimum size for the temporary tent camp should be of 10X8X8 ft. in which no more than 5
workers shall be accommodated
45 Simple alarming system and a communication system shall be established in the vicinity of a
proposed camp site for security and to avoid possible dangers
46 The grounds and open areas surrounding the shelters shall be maintained in a clean and sanitary
manner and shall be free from rubbish, debris, waste paper, garbage, or other refuse
47 A contractor shall provide separate store room or compartment for the storage of handy
construction equipment
48 Play grounds and other recreational and refreshing activities shall be provided in a proposed camp
site where a worker could spend his/her leisure
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