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ESMF for West Bengal Electricity Distribution Grid Modernization Project Chapter 4

4.0 POLICY & REGULATORY FRAMEWORK


This section highlights the national/state environmental and social policies & regulations,
World Bank standards & guidelines applicable to the proposed Project i.e. WBEDGMP. The
regulatory framework focuses on:

 Applicable national and state level environmental and social regulations for the
project;
 Institutional Framework for the implementation of the regulations;
 Applicable World Bank’s Environmental and Social Standards and Guidelines.

4.1 OVERVIEW OF POLICIES, LEGISLATIONS & GUIDELINES

The legislations and policies which have been identified for WBEDGMP are presented in Table
4.1. A review of the policies, national and state level legislation and guidelines are presented in
Appendix 4.1.

Based on the review of the applicable legislations a comparative analysis has been carried out
with the World Bank standards to understand any gaps between existing regulations and
World Bank standards/Policies and recommend suitable changes in the existing practice to
address these gaps. The Annexure 4.2 shows the equivalence between the country level
regulations and the World Bank Policies.

TABLE 4.1: WORLD BANK POLICIES & STANDARDS AND NATIONAL & STATE LEVEL
LEGISLATIONS WHICH MAY BE APPLICABLE TO WBEDGMP

World Bank Electricity related Environmental Social Legislation Labour Related


Standards/Guideline legislation legislation Legislation
ESS 1: Assessment and Electricity Act 2003 Environmental The Right to Fair The Child Labour
Management of Protection Act 1986 Compensation and (Prohibition and
Environmental and Social Transparency in Land Regulation Act,1986
Risks and Impact Acquisition,
Rehabilitation and
Resettlement Act,
2013

GoWB Land Purchase


Policy, 2016
ESS 2: Labor & Working Technical Standards Forest Conversation Schedule Tribes and Contract Labour
Conditions for construction of Act 1980 other Traditional (Regulation &
Electrical Plants and Forest Dwellers Abolition)
Electric Lines West Bengal ( Recognition of Forest
Regulation,2010 Trees (Protection and Rights) Act 2006
Conservation in Non
Forest Areas) Act,

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ESMF for West Bengal Electricity Distribution Grid Modernization Project Chapter 4

2006. West Bengal
Trees (Protection and
Conservation in Non
Forest Areas) Rule,
2007
ESS 3: Resource Measure relating to Wild Life Protection Minimum Wages Act
Efficiency and pollution safety and Electrical Act, 1972 1948
Prevention & supply
Management Regulation 2010
ESS 4: Community Hazardous and Other Bonded Labour
Health & Safety Wastes (Management System (Abolition)
and Transboundary Act,1976
Movement Rule, 2016)
ESS 5: Land Acquisition, E-waste Grievance Redressal
Restriction on Land Use (Management) Policy
and Involuntary Rules,2016 Under Industrial
Resettlement Disputes
Amendment
Act,1976
ESS 6: Biodiversity Battery( Management The Payment of
Conservation and &handling) Rules 2001 Wages Act 1936
Sustainable Management amended in 2005
of Living Natural
Resources
ESS 7: Indigenous Ozone Depleting Compensation
Peoples/ Sub-Saharan Substances Act,1923
African Historically (Regulation and
Underserved Traditional Control Rules)2000
Local Communities
ESS 8: Cultural Heritage Ancient Monuments Maternity Benefit
and Archaeological Act,1961
Sites and Remain
Act,2010 Employees state
Migrant Workmen
Indian Treasure Trove Act,1979
Act 1878
Intimation of
The West Bengal Accident ( Forms and
Preservation of Times of service of
Historical Monuments notice) Rules , 2004
and Objects and
Excavation of
Archaeological Sites
Act, 1957;
ESS 10: Stake-holder
Engagement Plan
IFC/WB General EHS
guideline
IFC/WB Guidelines for
Power Transmission and
Distribution

4.2 APPLICABLE POLICY & LEGISLATION FOR WBEDGMP


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ESMF for West Bengal Electricity Distribution Grid Modernization Project Chapter 4

As described in the sections above the WBEDGMP project envisages the following activities:

i) Implementation of HVDS with conversion of LTOH line bare conductor by LT AB cable


in 14 Districts of West Bengal;

ii) Construction of 15 nos 33/11 kv GIS Sub-stations;

iii) Conversion of Overhead Network into Underground cable system at Asansol,


Baruipur, Kharagpur, Baguihati, Kestopur and Rajarhat; and

iv) Creation of IT backbone for rolling out AMI & SCADA System, etc.

Considering the project intervention an attempt has been made to map the regulations and
standards which are applicable. The applicability of the regulation for different project
activities are presented in Table 4.2.

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