Government of the People’s
Republic of
Local Government Engineering
Department
Participatory
Small
Scale Water Resources Sector project
LGED HQ, RDEC Bhaban (Level-5), Agargaon
Sher-E-Bangla Nagar,
Dhaka-1207
Memo No. LGED/PSSW/PD/I-05/2011/
688
Date:
19-05-2011
Invititation
for Expression of Interest (EOI)
Invitation
for submission of Expression of Interest (EOI) for short Listing of
Implementing
Non
Government Organization (INGOs) for the Preparation and Implementation
of
Resettlement
Plans
(RP) of subprojects.
Participatory
Small
Scale Water Resources Sector Project (PSSWRSP): Loan No. 2542-BAN(SF)
1.
The
Government of the People's Republic of
agency (EA) for the
Project is the Local
Government Engineering Department (LGED) under the Ministry of
Local Government, Rural
Development and
Cooperatives (MoLGRDC).
2.
The
detail TOR can be downloaded from the LGED website: www.lged.gov.bd
3.
The
subprojects for the preparation of RPs will be assigned at the
discretion of
the Project Director, after completion of the detail engineering Design
and
each RP will be assigned on “as and when ready basis".
4.
The
RPs will be carried out following the methodology and guidelines adopted
by the
Project. The RP services will be done in about 80 subprojects, located
throughout the 46 districts (excluding greater Faridpur, Mymenshing,
Sylhet and
three hill Districts of the 64 districts) covered by the Project. The
total
Contract period for carrying out the services will be 60 months after
commencement of the services.
5.
Total
of 4 (four) to 7 (seven) NGOs will be short-listed and will be requested
to
submit Technical and Financial proposals. NGOs will be selected through
competition using Fixed Budget Selection (FBS) method and in accordance
with
the guidelines on the use of Consultants by Asian Development Bank and
it's
Borrowers (February, 2007 or as amended from time to time). NGOs
submitting EOl
should be acquainted with the ADB's guidelines.
6.
The
interested NGOs may submit their EOI filling in the EOI template
including the
following as additional information:
a.
General information of the NGOs: (i) Name and Address, (ii) Trade
License and
Registration Number with Year Agency (must), (iii) TIN and VAT
Registration
Number (must), (iv) Annual Turnover (must) of Last 3 Years, (v) Number
of Years
in Active Business, (vi) Total Number of Permanent Staff in Pay-Roll and
List
of Key Professional Personnel with number of years in Pay-Roll, (vii)
Organization's Brochure.
b.
Core Team of Professionals: Names, Date of Birth, Educational
Qualifications
and Professional Experience of key professional staff on permanent
payroll.
7.
The
NGOs not specialized in the Preparation and Implementation of
Resettlement Plan
need not apply, as they will not be considered.
8.
An
NGO can submit only one EOI.
9.
Joint
venture/associations (JVA) will be allowed for the EOl. lt is preferable
to
limit the total number of NGOs including associates to a maximum of 3
(three).
10.
Interested
NGOs may obtain further information at the address below during office
hours.
11.
The
LGED now invites eligible NGOs to submit EOls for providing the required
services. Interested
parties may download the
EOI template from
the Asian Development Bank website http:/iwww.adb.org/
Consulting/toolkit-template.asp
and submit all required information not later than 22 June 2011 up-to 1:00 PM local time in sealed
envelope to
the address of the undersigned.
(Md. Shahidul
Haque)
Project Director
Fax
: 880-2-9123169
E-mail : shaque_58@yahoo.com
CC:
1.
Chief
Engineer, LGED, Agargaon,
2.
Additional
Chief Engineer (Implementation/IWRMU), LGED, Agargaon,
3.
Country
Director, Asian Development Bank,
4.
Central
Procurement and Technical Unit (CPTU), IMED,
Section 5 - TERMS OF
REFERENCE FOR
IMPLEMENTING
NGO PREPARATION AND IMPLEMENTATION OF RESETTLEMENT PLAN OF SUBPROJECTS
Table
of Contents
A. Project
Background and Description
1
B. Scope
of Work- General
2
C. Scope
of Work- Specific Tasks
2
D. RP
Implementation Schedule and Tasks
3
E. Major
Activities to be performed by INGO
5
1. Information
Dissemination and Feedback
2. Assisting
APs in Resettlement Process
3. Grievances
redress procedure
4. Information
Management
5. Progress
Reports
6. Reporting
Requirements
F. Monitoring
and Evaluation
9
1. Establishment
of Cut-off date
2. Quantification
and Valuation of Affected Property
3. Identification
of Entitled Persons (EPs)
4. Resettlement
of Vulnerable EPs
G. Measuring
RP Implementation Progress
10
H. Criteria
for INGO Selection
11
I. Staffing
11
J. Minimum
Required Experience of Professional Staff
12-13
1.
The
Participatory Small Scale Water Resources Sector Project will enhance
the
effectiveness and increase sustainability in agriculture and fisheries
production along with poverty reduction through Small Scale Water
Resources
(SSWR) Development. The Project will continue to institutionalize and
internalize the beneficiary driven approach for sustainable small scale
water
resources management. At the same time, the project will give particular
attention to poorer sections of the community by targeting locations
having
more than 40% of the subproject benefit area owned by landless
sharecroppers,
marginal or small farmers. Employment opportunity will be generated,
both
during subproject implementation, and later as a result of increased
activity
related to the projected significant increase in crop production
following subproject
completion. Environmental and Social Safeguards as well as concern for
the
impacts of climate change have been given a high priority and are
integrated
with the project design.
2.
Project
activities will include the implementation of subprojects involving the
development of Small Scale Water Resources (SSWR) management systems
with
appropriate and coordinated agricultural extension and fisheries
development
activities. The project will operate in three components:
(i)
Component A-
The Institutional Strengthening Component;
(ii)
Component B-
The Participatory Development Component; and
(iii)
Component C-
The SSWR Infrastructure Component.
3.
The project
commenced operations from January 2010 and will operate over a 7.5 years
period
until June 2017.
4.
A Land Acquisition and
Resettlement Framework
(LARF) has been prepared during the Project
Preparation Technical Assistance (PPTA) to provide a framework for all
subprojects to be prepared under the Project. Resettlement Plans (RPs)
were also
prepared for four sample subprojects during PPTA and this RPs provides
models
for preparation of RPs for all subprojects requiring resettlement. The
four
subprojects were selected in Thakurgaon, Joypurhat, Gazipur and
Patuakhali
Districts located in the Northwest, Central and Southern regions of the
country, with diversified physiographic conditions and different nature
of water
management problems.
5.
The RPs are indicative
and they have been prepared
by conducting a Socioeconomic Survey (SES) of 10 - 25 percent of
Affected
People (APs) on a tentative right of way (RoW) of the proposed
infrastructure
and by carrying out Focus Group Discussions (FGDs) with the APs
identified on
this basis. A census/SES through a Detailed Measurement Survey (DMS) are
being undertaken
on completion of the subproject Detailed Designs (DD) to identify all
APs and
their properties. The DMS determines the extent to which the APs are
affected
by the subproject works and their socio-economic status, with reference
to
their residual properties/assets in the locality, loss and potentiality
of
alternative livelihood. The DMS pays
special attention to identifying vulnerable APs and forms the basis for
finalizing the short RP.
6.
The actual amount of
land to be acquired and number
of people to be affected are finalized after the DMS. This policy
framework is
being used for preparation of Resettlement Plans (RPs) to
resettle/rehabilitate/compensate the APs for all subprojects under the
Project
to guide both the RP preparation and implementation stages. Of the four
sample
subprojects, RP is completed for Purba Sarail - Madai Khal, Joypurhat
District
and physical works initiated in the current construction season and RP
preparation is ongoing for the remaining three subprojects. These three
subprojects will be included in the implementation plan of FY 2011-12 in
the
second group of subprojects.
7. The scope of work includes preparation and implementation Resettlement Plans (RPs) for all subprojects that require resettlement within the project area for the duration of about 60 months from the signing of contract. Preparing and implementing short RPs will include, inter alia, carrying out the Detailed Design Survey (DMS), which includes a Census, Inventory of Losses (IOL), Socioeconomic Survey (SES) upon completion of the subproject’s Detailed Design (DD) to identify all Affected Persons (APs), their socioeconomic status, and the extent to which they will be affected, including an assessment of their residual properties/assets in the locality. The general scope of work for the selected INGO shall include i) design, production and dissemination of information such as information brochure and pamphlets regarding RP policies; ii) assisting Project Director, PMO and his staff in the implementation of the Resettlement Plans (RPs) and iii) maintain close coordination with LGED staff, department/line agencies, local government officials in the performance of tasks.
8. Key implementation issues in the delivery of the tasks includes: (i) consultation with stakeholder; (ii) carryout census/inventory; (iii) preparing the RP, and (iv) assisting affected persons (APs) in the process of relocation/resettlement; (v) A framework contract will be made with the selected INGO’s for a period of 60 months along with agreed budget.
9. Information campaign: The implementing INGO will design, plan and implement an information campaign in the affected areas primarily to inform the APs about the entitlement policy and how to avail of their respective entitlements. The campaign would include measures such as distribution of information booklets, leaflets, notices and other materials among the APs, carrying out community meetings, public announcements and any other measures necessary to provide information to all APs in the subproject area.
10. Identification of entitled persons and issuance of ID cards: Carryout census/survey data and prepare final list of affected households and small business enterprises (SBEs) for issuance of ID card to legally identified owners.
11. Assistance to APs during Relocation: The implementing INGO will assist the APs during pre and post relocation period. INGO staff will also assist APs where necessary in preparing grievance redress cases for consideration by the committees.
12. Assistance to LGED in payment of Resettlement Benefits to APs: The contracted INGO will be responsible to assist LGED in processing entitlements for the APs and assist LGED in making payment of resettlement benefits to them. The INGO will compile and process data and develop and operate a menu driven computerized Management Information System (MIS).
13. The
Acquisition and Requisition of Immovable
Property Ordinance (ordinance II of 1982) and its subsequent
amendments in
1993 and 1994 provide the current legal framework in
14. In
2007/08 a draft
National Policy on Resettlement and
Rehabilitation (NPRR) was prepared under the Ministry of Land with
the help
of an ADB technical assistance (TA) loan. The NPRR is designed to
address and
mitigate both Project and Non-Project, i.e. river erosion and slum
eviction,
induced impacts and displacement with provision for appropriate
assistance and
rehabilitation. The NPRR is based on the premise that for achieving
overall
socioeconomic development it is imperative to safeguard the interest of
those
affected who cannot absorb the risks and costs of national development.
This
policy is still in the process of evaluation and approval by the
Government. As
a result the 1982 Ordinance is still being followed for all the cases of
land
acquisition and requisition.
15. The work started from FY 2010-11 and will
continue
till June 2017. Subprojects for
preparation and implementation of Resettlement Plan (RP) will be
assigned on an
“as and when ready basis”. Moreover as the subprojects are identified
during
the Project period (Jan 2010 - Jun 2016), subprojects will be assigned
to the
contracted INGO anywhere within the Project area. The
Project is expected to implement about 270
subprojects. Based on the recommendation
of the PPTA and the ADB Loan Inception Mission, about 30% of the
subproject
needs RP. Therefore RP will be prepared
at about 80 SPs over the remaining 6 years project life. An
estimated schedule for RP preparation and
implementation will be 5 in 2011, 15 in 2012, 21 in 2013, 21 in 2014 and
18 in
2015. The INGO will assist LGED in the
following tasks. Assignment of subprojects for RP preparation and
implementation will be made “as and when ready basis” in the entire
Project
area (46 of 64 districts excluding Greater Mymensingh, Faridpur and
Sylhet and
three hill districts).
o
Preparation and
Implementation of RP: Soon after
the engineering design is finalized, the selected INGO will conduct
baseline
socio-economic survey and video-filming of the additional households to
finalize the RP under technical supervision the Project Implementation
Consultant (PIC). The INGO will assist (for example, in issuance and
delivery
of notice under section 3 of the LA Act, inventory of assets likely to
be
affected, etc.) the DCs in the land acquisition process. The INGO will
compare
the field level data with the established database and check the video
films
for any discrepancies and will submit to PMO/PIC for finalization of the
RP.
o
Submission of LA Plans
to DCs: The INGO will assist
LGED in the preparation of land acquisition plan (LAP), when required.
o
Approval of LA Plan:
In consultation with LGED, INGO
will maintain liaison with the DC/Ministry of Land during the process of
LA
approval.
o
Joint Verification and
Valuation of Property: The
implementing INGO will participate in the assessment of the affected
properties
and identification of their owners/users by the Joint Verification Team
(JVT).
Both JVT and the person concerned should sign verification records for
each
affected person. Disputes are also to be recorded. The INGO will compile
and
process the data with regard to valuation of property by the Property
Valuation
Advisory Team (PVAT) for determination of replacement market value of
property
acquired.
o
Issuance of Notice
under Section 3: In consultation
with LGED, INGO will maintain liaison with DC for issuance of Notice
under
section 3.
o
Information Campaign
and RP disclosure: The INGO
will carry out consultation regarding policies and options and
collection of
legal documents required to claim compensation. Property owners are
advised / helped
to gather all required documents. The affected people will be made aware
of the
GRC procedures for disputes over claims.
o
Revision of costs
estimate and budget: The INGO
will assist LGED in revising budget in view of the JVT findings and PVAT
recommendations, which will be approved by LGED.
o
Preparation of
Individual entitlements: INGO will
assist LGED to prepare individual entitlement taking into account the
choices
of options made by those not covered by the law.
o
Assessment and
valuation of the acquired
properties: The INGO with local LGED official will maintain liaison with
the DC’s
staff to assess the quantity and value of the properties in accordance
with the
acquisition law.
o
Disbursement
of
Compensation: Payment of compensation
to non-titled owners will be paid by LGED assisted by INGO.
o
Issuance of Notice
under Section 6: The INGO will
maintain liaison with LGED during issuance of notice under section 6 by
DC and
inform/assist the owners to present required documentation.
o
Issuance of Notice
Under section 7: The INGO will
assist LGED during issuance of notice under section 7 by DC. If the
legal
documents are not up to date, disputes may arise; in such cases the INGO
will
assist the APs in updating legal papers. Meanwhile, GRC will be
functional to
resolve compensation related disputes.
o
Issuance of ID Cards
to legally identified owners
and other APs: The INGO will assist LGED to issue ID cards to those
whose legal
ownership are established with DCs and have no further
encumbrances/disputes
and identified APs having no legal disputes involving land and other
assets
will be identified by the INGO (following the DC list) and ID cards will
be
issued to them.
o
Disbursement of cash
compensation under law (CCL):
When DC starts payment of CCL, legal owners will be asked to bring in
all
required documents at this stage to collect the payment.
o
Finalizing Additional
Individual Entitlements for
those covered by law: LGED with assistance from INGO will determine
additional
payment, if any, over the CCL amounts. Additional compensation over CCL
is
finalized taking into account options made by the APs.
o
Disbursement of
additional grants (difference
between replacement market price and CCL, if applicable): LGED will make
payment of grants to the APs with assistance from the implementing INGO.
o
Land hand-over to
LGED: DC will pay CCL and the
land will be handed over to LGED. INGO will assist LGED in this respect.
o
Eviction Notice: Given
to individual affected
persons at completion of payment of all compensation/entitlement from DC
and
LGED, INGO & LGED will keep records of issuance date of eviction
notice
signed by both LGED and evictees.
o
Land hand-over to
contractors: The INGO will assist
LGED to hand over land to contractors. Contractors will move into sites
the day
following expiration of the eviction notice.
16. The selected INGO will assist LGED in preparing and implementing successfully all stipulation agreed in the RP under the RSDP in their entirety, fairly and transparently. In this context, the major functions to be performed by the INGO are:
o Ensure dissemination of the project and resettlement policy related information to the project-affected persons and others (community groups, local administration, etc.) that might be considered instrumental in the effective and transparent implementation of the RP. Even though the RP recommends some dissemination mechanisms, the INGO can suggest innovations in the course of its implementation and would gather information and disseminate it upward to the project authority.
o During implementation of the project, extensive consultation and collaboration with key stakeholders on a continued basis is planned. The selected INGO will be required to assist PMO/PIU in organizing such consultation programs and facilitate consultation with local representatives like ward members/commissioners, participants group etc.
17. The main purpose is to make the APs and entitled persons (EPs) aware of the acquisition process, assist them to claim the compensation under the law (CCL) to be paid by the DCs as well as those that might be paid by LGED. Some of the major activities are: (a) ensure receipt of the acquisition Notices under sections 3, 6 and 7 of the Land Acquisition Law by the individual EPs and explaining to them the contents and implication of these Notices; (b) inform the EPs about the legal documents required for claiming compensation from DCs and check the current status of legal documents, in order to minimize disputes over ownership, use rights and time to make the claims. This includes (1) checking with the APs to make sure that they have all the required documents to claim compensation from DCs; (2) whether or not the ownership records are up-to-date in cases of purchase/sale and inheritance of the property being acquired and advising and assisting the EPs to procure them, and (3) whether or not there are usufruct rights of others on the properties under acquisition and informing the people with such rights about the compensation policies. Other actions:
o Inform the EP households, especially the vulnerable ones, about the “compensation in cash and/or kind” option stipulated in the RP and ensure fulfillment of the choices made by them.
o Assist the APs to receiving any entitlement such as reimbursement of stamp duties related to land purchases.
o Assist the APs not covered by the Law, such as tenant and wage Laborers, owners of business on public lands, squatters and such others to get their entitlements from LGED.
o Counseling and helping the households, whose previous incomes have been seriously affected, to find alternative source of income.
o As required by the RP the INGO will participate in the Joint physical verification of the affected properties. In this process, the INGO will document all disputes that might be faced and the problem cases that might need special attention by LGED.
o Together with LGED, the INGO will pursue the DC and other concerned offices to arrange for on site payment of compensation and organize the EPs in groups and accompany them to the concerned offices or the project sites if DC agrees on site payment.
18. The
selected INGO will play vital role in the grievances redress process.
The most
important preconditions for doing this with maximum effectiveness are
that the INGO
operatives will build personal rapport and confidence with the APs and
will be
fully aware of all socioeconomic problems/issues arising from the
acquisition.
Among other things, the INGO will:
o Ensure that the APs are fully aware of the grievance redress procedure and the process of bringing their complaints to the grievance redress committees (GRCs).
o Assist the APs in any usual manner (e.g., preparing applications, accompanying them to the hearing and explaining the grievance to the GRCs and the like) to bring the complaints to the committee.
o Impartially investigate the veracity of the complaints and try to settle them amicably, fairly and transparently before they go to the redress committee or the courts of law.
19. For more focused work in this area, the INGO will prepare a list of problem cases (based on ownership and other disputes detected while checking the status of legal documents, information from the APs themselves and other sources) which would be updated as and when necessary, while RP implementation progresses. In doing so, the INGO will pay special attention to the problems and needs of the vulnerable APs.
20. The selected INGO will collect and computerize all data related to the pre-acquisition condition of the AP households and the nature and magnitude of all categories of losses as well as the compensation thereof to be determined by DCs and the Joint Verification Team (JVT) to be organized by the PMO of the Project/LGED. All essential information will have to be generated by using one or more menu-driven MIS. Among other things, the INGO will:
o Maintain computerized baseline socioeconomic databases and collect supplemental information as and when necessary and update them, during the course of implementation.
o Collect and computerize data on individual losses and the compensation thereof, as determined by DC and JVT for all legally and socially recognized EPs.
o Collect and computerize all information on market survey and assessment of property and their owners by the PVAT (Property Valuation Advisory Team), process data and compile reports for the PVAT recommending replacement market price of land and other property.
o Collect and computerize all information related to different types of losses incurred due to the payment and additional protection measures and update the entitled person (EP) files.
o Prepare ‘entitlement card’ for the individual EPs as per their types of losses and the amount of compensation due for each type of loss from legal title and the amount of compensation if any, to be paid by LGED as well as other non-monetary entitlements.
o Prepare and issue Identification Cards for each EP (head of the household-in case of those not covered by the law), containing his/her photograph (to be taken by the INGO itself) and other vital information.
o Collect and maintain details of the issues/ disputes causing delay in the disbursement/receipt of compensation and the persons involved in them, including the cases brought to the courts of law.
o Document information on the cases, with reasons, brought to and resolved by the GRC, with decisions going in favor of or against the complaints. Collect and maintain relocation information on the homestead losers by categories of EP households such as legal owners, squatters and others.
o Maintain information on purchase of replacement home lot and other lands as well as the stamp duties reimbursed by the LGED.
o Collect and maintain information on physical, social and institutional infrastructure and amenities (latrines, tube wells, etc) if any that might be provided by LGED.
21. The RP requires that all EPs are paid the stipulated compensations/entitlements before they are evicted from the properties and/or construction work begins. The selected INGO will provide LGED subproject basis report on the progress in RP implementation, including any issue that might be hindering progress, separately for each civil works contract. The report will be brief consisting of both quantitative and qualitative information on:
o The acquisition process has to be carried out by the Deputy Commissioners. The INGO should reflect in its report status of issuance of the major notices (e.g. 3,6,7) under the acquisition law maintain a land register with valuation of the affected properties, placement of funds with DCs by LGED, etc.
o Total number of EPs identified by DCs for CCL and the cumulative progress made in disbursement of CCL by loss categories.
o Total number of EPs (recognized by DCs) also eligible for additional payment from LGED and cumulative progress made in payment by loss and entitlement categories.
o Number of vulnerable affected households and estimates of the number of such and other households choosing ‘compensation in kind’ under the ‘cash-or-kind’ option specifics of such choices and the progress made in implementing the related policies.
o Total number of the EPs, who are not covered by the law (but are socially recognized owners/users of the affected properties), identified for compensation/entitlement from LGED and cumulative progress made in disbursement by loss and entitlement categories.
o Number of cases received by the Grievance Redress Committee indicating the types of grievance made in favor of or against the complainants.
o Total number of home lot losers needing relocation and relocation provisions are stipulated in the RP.
o Any other issues that are relevant to implementing the policies stipulated in the RP.
22. The selected INGO will design tabular and other formats appropriate for reporting on the above information. To the extent possible the tables will have to be pre-programmed in the menu-driven MIS and the quantitative reports will have to be generated directly.
23. The selected INGO appointed by LGED for implementation of the RP will report to the Project Management Office (PMO). The selected INGO shall submit 20 copies of Inception Report within one month of the commencement and shall provide 25 copies of Final Report at the end of the project. The INGO will submit 10 (ten) copies of report for each subproject focusing issues related to RP preparation and implementation.
24. Accounts and Records:
o The INGO shall keep accurate and systematic accounts and records in respect of the services in such form and detail as are customary in its profession and sufficient to establish accurately that the remuneration and reimbursable out-of-pocket expenses have been duly incurred.
o The INGO shall permit duly authorized representatives of the Client, to inspect and make an audit of all such documents, accounts and records in connection with payments made in accordance with this contract.
25. Computer Programs and Equipment
o All reports, documents, correspondence, draft publications, maps, drawings, notes, specifications, statistics, work product in any form and, technical data compiled or prepared by the INGO and communicated to the Client in performing the services (in electronic from or otherwise and including computer-disks comprising data) shall be the sole and exclusive property of the Client, and may be made available to the general public at its sole discretion. The INGO may take copies of such documents and data for purpose of use related to the services under terms and conditions acceptable to the client but shall not use the same for any purpose unrelated to the services without the prior written approval of the client.
26. The INGO will take care and the Project Implementation Consultant (PIC) will ensure the following issues in implementation of the RPs:
27. Notice under Section 3 is the cut off date as per the 1982 land acquisition act of the government. To avoid fraudulent claim in paying resettlement benefits, dates of carrying out Socio-economic Survey and video filming by independent body can be considered as the cut off date by the LGED.
28. The INGO will have to ascertain appropriate method of joint verification and valuation of affected property to ensure replacement market price.
29. ID cards to the EPs will be issued with due certification from the U/P members or Ward Commissioners. LGED officer involved in implementation of RP will recheck if needed. Authenticity of legal documents to be ascertained and their availability to the INGO has to be ensured by the AB and RB.
30. Special program for vulnerable people will be finalized after detailed consultation with the local people and the LGED so that it suits with the stakeholders.
31. General: For monitoring progress of INGO work in RP implementation, an appropriate monitoring format should be prepared with score/weight against each activities and sub-activities. A user-friendly menu driven software should be used to generate progress reports for monitoring the progress instantly. The software will be simultaneously operated by the PMO, the INGO and the PIC team so that all the organizations are aware of the progress instantly.
32. Proper orientation to the LGED staff is given so that they can supervise the INGO activity appropriately from the very beginning and operate the Menu driven MIS to remain updated about the progress and problem. CCL payment records should be collected from DC office regularly and be compared with the payment data of the INGO so that the progress achieved, mistakes made, if any by the stakeholders in the process of RP implementation are checked and verified instantly. Before making payment of entitlement, Land schedule and SES data will be compared with the payable amount, to avoid mistake or fraud.
33. Criteria for evaluation: There are number of actions needed in collecting CCL and grants. The INGO operatives will investigate the steps completed so far in collecting compensation for a particular plot. Data collected through Focus Group meetings in this connection will be processed in a computerized system to monitor the progress in CCL and grant collection by the EPs. Performance evaluation of the INGO operatives, especially the field staff will be judged by that progress. Production and application of RP implementation tools, payment of grants and resettlement of PAPs should be the basis for calculating INGO performance.
34. Co-ordination: The INGO will sit with the LGED on a regular basis, where discussion on progress and constraints of the previous month will be held. Actions to be taken and the key actors for the tasks concerned will be identified as tasks assigned from respective agencies. In case of any items are not covered by the RP, the Co-ordination meeting should come up with recommendations, which should be approved and implemented through executive order of the LGED.
35. The INGO to be selected for the tasks must have proven experience in resettlement/development preparation and implementation. Specifically, the selected INGO must have (i) demonstrated capacity to mobilize the required trained and experienced field staff, and (ii) experience in implementation of social development/resettlement plan. The INGO must have at least 5 years of working experience in the implementation of resettlement programs in donor-funded development projects. The interested INGO must fulfill the following requirements:
o INGO must have at least 5 years of working experience in the implementation of the resettlement and land acquisition under externally-funded development programs.
o The INGO must be registered under the Social Welfare Department or under the INGO Affairs Bureau.
o The INGO must be able to present certificate from the concerned Government authority to verify their satisfactory performance in resettlement social surveys, planning and implementing resettlement plan, monitoring and evaluation through effective management information system and preparation of analytical/evaluation reports meeting the standards of the external financiers.
o The INGO must be able to present audit report in the last three years that verifies the sufficient financial base to undertake and operate large programs.
o INGO must have Vat Registration Certificate and Tax Payment Certificate with TIN.
36. The INGO must be able to present evidence of sufficient experienced and trained qualified manpower to be mobilized to this end. The INGO will provide staff input for each of the sub-projects in order to carry out the works under this Terms of Reference (TOR). The man-months and designation of the staff should be as stated in Table 2. The INGO should show the duration of their services and limit as per requirement in consultation with the civil works contract. If settlement of legal issues on land acquisition requires longer time, the INGO may have to demobilize for a period as per the request from the executing agency in writing.
Table
2: Staffing
for RP Implementation (Each Subproject)
|
Sl.
No. |
Position |
Number
of
Persons |
Person
days |
|
A. Professional Staff |
|
|
|
|
1. |
Team Leader (Resettlement Specialist) |
1 |
10 |
|
2. |
Land Acquisition Specialist |
1 |
3 |
|
3. |
Women in Development Specialist |
1 |
3 |
|
4. |
Computerized MIS Specialist |
1 |
5 |
|
|
Subtotal |
4 |
21 |
|
B. Office Support Staff |
|
|
|
|
1. |
Database manager |
1 |
5 |
|
2. |
Accountant |
1 |
5 |
|
3. |
Computer Operator |
1 |
5 |
|
4. |
Messenger |
1 |
10 |
|
Subtotal |
5 |
25 |
|
|
C. Field Support Staff |
|
|
|
|
1. |
Area Manager |
1 |
15 |
|
2. |
Supervisor |
1 |
10 |
|
3. |
Field Accountant |
1 |
6 |
|
4. |
Resettlement Worker |
5 |
15 |
|
5. |
Messenger |
1 |
15 |
|
|
Subtotal |
9 |
61 |
|
|
Grand Total |
18 |
107 |
37. The
professional staff to be proposed by Implementing INGO should have the
qualification and experience as shown in Table 3.
Table 3:
Qualification of the Key Staff
|
Position |
Academic Qualification |
Minimum years of experience in similar
position |
Specific experience |
|
Team Leader
(Resettlement
Specialist) |
MSc/MSS/MA |
5 years as Team
Leader and 8
yrs as Resettlement Specialist. |
Experience in
preparing and
implementing resettlement program and in (i) leading and supervising
multidisciplinary teams engaged in socioeconomic development
activities; (ii)
multidisciplinary action research/surveys; and thorough knowledge of
(iii)
Bangladesh land administration system and land acquisition laws; (iv)
process
and functionaries involved in land administration and acquisition; (v)
report
writing capability; and ability to demonstrate personal integrity and
create
a transparent and accountable work environment. |
|
Land Acquisition
Specialist |
BSS/BA/LLB/B. Sc |
8 |
Thorough knowledge
about
Bangladesh land administration system and land acquisition
laws-specifically
the properly valuation process; (i) the process and functionaries
involved in
land administration and acquisition; and extensive practical
experience (ii)
examining/identifying legal issues involved in land transaction,
inheritance
and other issues related to legality of ownership, (iii) working with
mouza
maps and (iv) advising on resolving legal issues. |
|
Women in Development Specialist |
MSS/MA/ MSc |
4 |
Thorough knowledge
of
gender issues and their implications in development projects; research
and
work experience relating to gender issues; and knowledge of techniques
and
their applications in mobilizing community participation in
development
programs. |
|
Computerized MIS
Specialist |
MSc. in
Statistics/ Computer Science/ Mathematics |
8 |
Working experience
and
knowledge of software, preferably relational, that is most commonly
used in |
38. The budget should include all expenses such as staff salary, office accommodation training, computer/software, transport, field expenses and other logistics necessary for resettlement plan preparation and implementation. Additional expense claims whatsoever outside the proposed and negotiated budget will not be entertained. VAT, Income Tax and other charges applicable will be deducted as per GOB rule.
[1] Government land. The government
has in its
possession vast areas of land in the coastal region, where Char areas (accretions) appeared from the bed
of big
rivers or sea by way of new formations. These were called khas land
as
were huge areas of land, originally belonging to big estates, but later
vested
in the Court of Wards in due process of law and managed by
government-appointed
managers or agents. Added to these, were large chunks of land acquired
by the
government for Railways
and other big land-based
projects. In addition, excess khas lands were vested in the government
in
consequence of state acquisitions. These khas lands were managed
directly by
the government through government appointed-managers or trustees (in
case of
trust properties) and/or by managers/ she baits/mutwallis (in
case of
religious trusts, debottars or waqf
estates). Further, land and
buildings abandoned by their original owners as a sequel to the
Partition of
Bengal (1947) came within the management responsibilities of the
government,
first as Abandoned Property
or wench
properties and later, as 'enemy' properties after the Indo-Pakistan War
in
1965. http://banglapedia.search.com.bd/HT/L_0047.htm