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World Bank and Asian Development Bank Water Related Projects in India Containing Conditionalities for Legal Reform

1. World Bank

A) Maharashtra Rural Water Supply and Sanitation ‘Jalswarjya' – (P073369)

Short Description: The project identifies that Maharashtra 's resource requirement for the rural drinking water and sanitation sector, based on 40-lpcd norm, could range from $ 3.7 to $ 4 billion over the next 10 years. The project will partially fill the resource gap and is likely to be the first in the series of dovetailed Rural Water Supply and Sanitation (RWSS) projects, which could be potentially supported by the Bank Group and other donors if the Government of Maharashtra could demonstrate that it has utilized IDA assistance available under the first project effectively, in a timely manner, and consistent with the reform program introduced. The development objectives identified by the project are: (i) increase rural households access to improved and sustainable drinking water supply and sanitation services; and (ii) institutionalize decentralization of Rural Water Supply and Sanitation (RWSS) service delivery to rural local governments and communities.

Project Appraisal Document: 17/July/2003 [read more]

Pg. 28

G. Main Loan Conditionalities:

2. Other

a) GOM shall implement the project in accordance with state-wide Reform Program designed to promote a demand-driven and fully participatory approach and an increased devolution of responsibility to local governments and communities in the RWSS (Rural Water Supply and Sanitation) (Program) as set forth in various Government Orders/Resolutions since July 2000, and supplemented and amended thereafter to implement the reforms.

Institutional Provisions:

d) GOM shall: i) adopt a time-bound transitional action plan designed to achieve complete separation of O&M functions of MJP (Maharashtra Jeevan Pradhikaran) from its other functions and complete, by December 31, 2004, full implementation of the transitional plan; and ii) take necessary steps (including studies, analyses, appropriate legal and statutory instruments) to adopt by December 31, 2004, and thereafter submit for IDA review and comments, a detailed and comprehensive time-bound action plan for restructuring of MJP.

Village Action Plans

i)  GOM shall cause participating ZP's (Zila Panchayats) to release project funds (including IDA credit) to VPs (Village Panchayats) participating in the project in a timely manner and in the form of grants to VPs and tribal Paras to finance subprojects on terms and conditions acceptable to IDA,

Financial Management

o) GOM shall cause each of the VPs participating in the project to: i) open and maintain separate bank accounts for the project funds; and ii) maintain separate records and accounts for the said funds.

B) Punjab Rural Water Supply and Sanitation – (P090592)

Short Description: The objective of the project is to assist the Government of Punjab in increasing access to of rural communities to improved and sustainable RWSS services. There are three components in the project. The first component will finance the establishment and operating costs of the program institutions and training, consultancies, and goods and equipment. The second component will finance consultancy contract fees of the Support Organizations (SOs) for their support services to the Department of Water Supply and Sanitation (DWSS), Gram Panchayats (GPs), and project communities and operating cost of DWSS staff for providing support to village communities for both new schemes and for performance improvement of existing schemes. The third component entailed infrastructure building.

Project Appraisal Document: 16/Nov/2006. [read more]

Pg. 16

6. Loan Credit Conditions and Covenants

ii)  In carrying out part C.2 (a) of the Project covering Performance improvement of existing water supply schemes, GoP shall ensure that the operations and management and financing responsibilities of selected SV (single village) water supply schemes and intra-village works of selected MV (multi village) water supply schemes are transferred from DWSS (District Water and Sanitation Committee) to the relevant GP (Gram Panchayat) and GPWSC in accordance with a time bound action plan, satisfactory to the Association.

C) Madhya Pradesh Water Sector Restructuring Project – (P073370)

Short Description : The project aims to improve productivity of water for sustainable growth, and poverty reduction in selected focus river basins (Chambal, Sindh, Betwa, Ken and Tons) of Madhya Pradesh. It comprises of the following four components: (i) it will support the establishment and operationalization of the proposed planning, allocation and regulatory institutions and instruments at the state and basin-levels; (ii) will support measures related to delivering reliable irrigation services at “rationalized cost by financially viable entities”; (iii) will operationalize the concepts and provide necessary investments in the five river basins; (iv) the project activities would be coordinated by a multi-disciplinary Project Implementation Coordination Unit.

Project Appraisal Document: 9/Aug/2004 [read more]

Pg. 9-10

6. Loan Conditions and Covenants

Madhya Pradesh shall:

d) not later than December 31, 2005, establish and thereafter maintain a SWaRA (State Water Resources Agency) to be headed by a suitably qualified and experienced person, to be the state-wide focal agency for environmentally and socially sustainable inter-sectoral water allocation with optimal water resources management in a river basin context.

e) no later than December 31, 2005, establish and thereafter maintain a SWaDaC (State Water Resources Data and Analysis Centre) to be the focal point to collate, verify, analyze and disseminate information needed for integrated water resource management and river basin planning.

f) not later than December 31, 2005, prepare and submit for consideration for adoption appropriate draft enabling legislation for the establishment of an SWaTReC (State Water Tariff Regulatory Commission) to review and monitor water sector costs and revenues, and for rationalised setting of bulk water user fees to enable water sector operations to be financially viable;

D) Karnataka Urban Water Sector Improvement Project – (P082510).

Short Description: The project is seen as part of the long term vision for the urban water sector in Karnataka, which aims at turning its performance into “high-quality, sustainable service” in all local urban bodies. The strategy identified to achieve this aim is to implement a phased program towards full service coverage, and quality service provision in a sustainable manner. The first component of the project will assist the Government in finalising its policy reform agenda, and carry out initial implementation steps of staged sector reforms, and, to prepare business model, and private sector participation processes for service provision in Karnataka. The second component seeks to improve the service provision, and attain continuous service in selected demonstration zones; generate credibility in the overall program and learn lessons on the challenges faced in the demonstration zones for scaling up continuous service provision; and simultaneously improve the efficiency of bulk supply operations, and distribution networks, attaining initial improvements in water service provisions to all State residents. The third component seeks to finance the projects incremental operational costs, and studies related to project management and implementation.

Project Appraisal Document: 12/March/2004 [read more]

Pg. 27-28

G. Main Loan Conditions

Other Covenants

GoK shall ensure that, no later than June 30, 2005 :

a. a proposal for the creation of KSUWSC (Karnataka State Urban Water Supply Council) shall have been presented to the competent authority for adoption; and

b. an investment framework and tariff policy for the urban WSS sector (water supply and sanitation) of Karnataka shall have been adopted.

E) Karnataka Community-Based Tank Management Project - (P071033)

Short Description : The stated objective of is to improve rural livelihoods and reduce poverty by developing and strengthening community-based approaches to improving and managing selected tank systems. It consists of three components: (i) establishing an enabling environment for the sustainable, decentralized management of tank systems; (ii) strengthening community-based institutions to assume responsibility for tank development and management and; (iii) undertaking tank improvement systems.

Project Agreement: among : International Development Association and State of Karnataka and Jala Samvardhana Yojana Sangha : 4/June/2004. [read more]

Pg. 2

Whereas Karnataka and JSYS, in consideration of the Association's entering into the Development Credit Agreement with the Borrower, have each agreed to undertake the obligations to undertake the obligations set forth in this Agreement;

Article II : Execution of the Project

b) Without limitation upon the provisions of paragraph a) of this Section and except as the Association and Karnataka and JSYS shall otherwise agree, Karnataka and JSYS shall carry out the Project in accordance with the implementation program set forth in schedule 2 to this Agreement, and the project implementation plan;

Pg. 11-14

Schedule 2

Implementation Program

6. Karnataka shall:

a)  Ensure that that at all times during the Project implementation TUG's (Tank User Groups) shall have all legal capability, rights and powers to enable them in the opinion of the Association to carry out TS Subprojects in a manner satisfactory to the Association and in accordance with the PIP;

b)  carry out studies under Part A of the Project to better evaluate the existing legal framework and the legal basis for Tank User Groups; and

c)  prepare, by no later than March 31, 2003 , a preliminary draft legislation concerning tank system development and management and assignment of usufruct rights for consideration by Karnataka.

F) Tamil Nadu Irrigated Agriculture Modernization and Water Bodies Restoration and Management Project – (P090768)

Short Description: The objective of the project is to increase the irrigated agriculture productivity for selected sub-basin stakeholders in a sustainable water resource management framework. This objective is sought to be achieved through the following components: (a) irrigation system modernization in a sub-basin framework which seeks to improve bulk water delivery to irrigation systems through modernization of irrigation systems and service delivery and management in schemes in about 63 selected sub-basins; (b) agricultural intensification and diversification which seeks to build on the improved water delivery of the previous component to increase the productivity of agriculture related activities; c) institutional modernization for irrigated agriculture which seeks to improve the institutional capacity for modern, efficient and accountable irrigation service delivery; (d) water resource management which is to improve the institutional arrangements and capacity for sustainable water resource management in the State and; (e) project management support which will support the management and coordination efforts related to this project.

Project Appraisal Document: 21/Dec/2006. [read more]

Pg. 14-15

6. Loan Credit conditions and covenants

74. Tamil Nadu shall ensure:

b) by December 31, 2007 , establish the SWaRMA (State Water Resources Management Agency), as the state-wide focal agency for environmentally and socially sustainable inter-sectoral water resource management.

d)  at all times during the implementation of the Project: a) maintain the WRO (water resources organization) and strengthen its operational capacity as a specialized irrigation delivery department; b) maintain the PSC and the WUA's in the Project Area ; c) maintain the MPDU (multidisciplinary project unit, which is a coordinating unit for IAMWARM- irrigated agriculture modernization and water bodies restoration and management), the SWaRMA, and the cells established within the implementation agencies, all under the supervision of qualified and experienced management assisted by competent staff in adequate numbers and with adequate resources satisfactory to the association and the Bank.

G) Karnataka Watershed Development Project – (P067216)

Short Description : The project seeks to improve the productive potential of selected watersheds, and their associated natural resource base, and, strengthen community, and institutional arrangements for natural resource management. The project has four main components: (i) participatory watershed development, and protection component sought to finance social mobilization, and institution building activities, to facilitate planning, and investment activities by local communities; (ii) participatory farmer-driven research, and extension processes sought to be financed, to include a program of farm demonstrations, and farmer training to introduce improved practice for agriculture and horticulture. Moreover, silvi-pastoral treatments, extension improvement, and private participation in artificial insemination, and veterinary services sought to be included, in addition to capacity building, particularly in forestry related institutions; (iii) formation of beneficiary groups for additional income generation sought to be promoted through, craft industries, carpentry, and other related enterprises; (iv) institutional strengthening.

Project Appraisal Document: 29/May/2001. [read more]

Pg. 37-38

G. Main Credit Conditions

2. Other:

e)  Karnataka shall transfer part of the proceeds of the Credit to the Zilla Panchayats to facilitate the implementation of the project at the district level in accordance with its standard arrangements for effecting such transfers.

f)  Karnataka shall cause: i) the Zilla Panchayats to enter into a MoU with a MWMG (Micro-Watershed Development Group) and a selected NGO, in a form acceptable to IDA, outlining their rights and obligations; and ii) and both ZPs and the MWMGs to undertake their responsibilities as provided in the MoU.

H) Uttar Pradesh Water Sector Restructuring Project – (P050647)

Short Description : The development objectives of the project are: a) set up an enabling institutional and policy framework for water sector reform in the State for integrated water resources management; and b) initiate irrigation and drainage sub-sector reform in the State to increase and sustain water and agricultural productivity. There are six components in the project: (i) initiation of water sector reform; (ii) financing of irrigation and drainage sub-sector reforms; (iii) pilot reform options for integrated water resources management at the sub-basin level; (iv) pilot reform measures for sustainable for sustainable and efficient operation and management of irrigation and drainage infrastructure; (v) initiating topographic surveys and environmental, social and other assessments, and preparation of feasibility studies for activities to be undertaken in a follow-up project; (vi) Assisting Project Activities Core Team (PACT) with its role in facilitating and guiding the implementation and monitoring of all project activities, ensuring coordination in the same.

Project Appraisal Document: 16/Nov/2001. [read more]

Pg. 35-36

G. Main credit conditions:

2. Other:

GoUP shall prepare, by no later than December 31, 2003 , a draft legislation, which shall, inter alia, specify functions and responsibilities of SWaTReC (State Water Tariff Regulatory Commission) and vest it with competence and power to carry out its functions effectively.

GOUP shall, by no later than March 31, 2005 , establish and make fully functional, an entity to coordinate sustainable water resource planning and development for the GGB ( Ghagra-Gomti Basin ).

GOUP shall issue the necessary GO and then set up and operationalize the Jaunpur Branch Sub-Basin Development and Management Board no later than June 30, 2004 .

UPID (UP Irrigation Department) shall cause the WUAs to be formed under the authority of the Executive Order No. 207/2001-27-C-670/96 and trained prior to undertaking joint walk-throughs, preparation of designs and implementation of the rehabilitation/modernization works on each minor in Jaunpur Branch and Bahraich distributary command of the Imamgarh Branch.

UPID shall cause the preparation of legislation required for making the WUAs fully accountable for the operation and maintenance of these assets including drafting of any necessary amendments to the Northern India Canal and Drainage Act
(1873) to transfer operation and management of these assets to WUAs no later than June 30, 2004 .

UPID shall cause the preparation of legislation required to transfer management of drains less than 5 cumecs capacity to panchayats, including drafting of any necessary amendments to the Northern India Canal and Drainage Act (1873) by no later than June 30, 2004.

I) Maharashtra Water Sector Improvement Project – (P084790)

Short Description : The project seeks to strengthen the States capacity for multi-sectoral planning, development, and sustainable management of the water resources, and to improve irrigation service delivery, and productivity of irrigated agriculture. The project components provide support for institutional reforms, and capacity building in water resources management as well as irrigation service delivery, and complimentary investments in improving and modernising physical assets.

Project Appraisal Document: 26/May/2005. [read more]

Pg. 9-10

5. Legal Conditions and Covenants:

GoM shall:

(ii) in accordance with Maharashtra Water Resources Regulatory Authority Act 2005, establish the Maharashtra Water Resources Regulatory Authority by no later than December 31, 2005 and make it operational and make it operational by no later than September 30, 2006.

(iii) in accordance with the provisions of the Maharashtra Management of Irrigation Systems by Farmers Act 2005, form (i) WUAs at minor level no later than June 30, 2006 in all the irrigation schemes covered under the project; (ii) DLAs (Distributary Level Association), CLAs (Canal Level Association) by no later than June 30, 2007 and PLAs (Project Level Association) by no later than 31 December, 2007 in six selected pilot schemes; (iii) and DLAs, CLAs and PLAs by no later than June 30 in all other schemes covered under the project.

(iv) take all necessary steps to restructure: (i) the existing MKVDC (Maharashtra Krishna Valley Development Corporation) into the MKVWRC (Maharashtra Krishna Valley Water Resources Corporation) by no later than September 30, 2007 in accordance with the objectives set out in the Maharashtra State Water Policy.

(vi) start implementation of bulk water supply and volumetric charging of irrigation water to WUAs as per their entitlement in six selected pilot schemes by no later than December 31, 2006.

(vii) rationalize water charges including irrigation charges to meet full O&M costs by no later than March 31, 2007.

(viii) ensure allocation of funds to meet feel O&M costs of irrigation schemes on a yearly basis of each fiscal year by no later than May 15, 2007.

(ix) ensure counterpart funding requirement and make necessary provisions in the State budget for implementation of MWSIP (Maharashtra Water Sector Improvement Project) by no later than May 15 in each fiscal year.

J) Rajasthan Water Sector Restructuring Project – (P040610)

Short Description : The main objectives the project seeks to fulfil are: (a) strengthening the capacity for strategic planning and sustainable development and management of surface and groundwater resources in Rajasthan; and (ii) increasing the productivity of irrigated agriculture. There two main components besides the project management component. The first of these components supports the creation of a State Water Resources Planning Department (SWRPD) responsible for planning and regulation and ensuring consistency of implementation of basin plans across departments, the restructuring and capacity building of the irrigation department, and the strengthening of the capacity of the Environment Policy Planning Unit; the modernization of management information systems in the water sector departments; the piloting of community-based institutions for more sustainable groundwater management and the reinforcement of the data collection and technical capacity of the groundwater department; the establishment of a farmer owned and managed water utility; and information, communication, and education campaigns. The other component deals with irrigated agricultural productivity, water use efficiency, and irrigation system performance through greater participation of users in systems operations and management, increased cost recovery, and improved agricultural support service.

Project Appraisal Document: 15/Nov/2001. [read more]

Pg. 25-26-27

G. Main Credit Conditions:

G. 2.1 Project implementation and management: To establish effective project management arrangements, Rajasthan shall:

v) Establish by June 30, 2002 , SWRPD (State Water Resources Planning Department) and make it fully functional by June 30, 2003 .

•  Water Charges: Revise Water Charges in the irrigation sector no later than April 30, 2004 and April 30, 2007 respectively, accordance with a time-bound action plan agreed with IDA (International Development Agency) to ensure that the total revenue from such revised charges will meet 50% and 100% respectively of the full cost of O&M of the irrigation system.

•  Environmental Management: Rajasthan shall:

(i)  Develop an environmental policy and strategy for the water sector satisfactory to IDA by June 30, 2004 .

•  Civil works: Rajasthan shall:

(i)  Complete elections of all WUA's under the project by June 30, 2002 .

(ii)  Constitute the GPLC's (Gram Panchayat Level Committee), GWMA's (Groundwater management association), TSG's (Technical Support Groups), and TRC (Technical Review Committee) in accordance with procedure satisfactory to IDA.

K) Karnataka Municipal Reform Project- (P079675)

Short Description : The objectives identified for the project are to help improve the delivery of urban services in Karnataka, through enhanced urban infrastructure, and improved institutional and financial frameworks at the urban local body (ULB), and State levels. To this end, the project components will: (i) support institutional development; (ii) support municipal investment; (iii) financing the development of Bangalore city; (iv) support project management.

Project Appraisal Document: 14/Feb/2006. [read more]

Pg. 13-14

7. Loan/Credit Conditions and covenants

Covenants applicable to project implementation

•  DMA (Department of Municipal Administration) shall commence implementation for the ULBs (Urban Local Body) by April 30, 2007 .

•  Preparation of the State Long Term Urban Development Strategy by March 31, 2007 .

•  Preparation of the State Urban Finance Framework by March 31, 2007 and an action plan for implementation of the same by June 30, 2007 .

•  Preparation of KUIDFC (Karnataka Urban Infrastructure Development Financial Corporation) Business Model by March 31, 2007 and an action plan for implementation of the recommendations of the study by September 30, 2007 .

L) Uttaranchal Rural Water Supply and Sanitation Project – (P083187)

Short Description : The project seeks to expand the geographical coverage of some 20 sub-watersheds in the middle Himalayan hills of Uttaranchal, benefiting the populations of Gram Panchayats (GPs), by encouraging adoption of improved agricultural technologies, and diversification to increase productivity and rural growth, and adopting a watershed approach for a sustainable management of natural resources, while building institutional capacity for the poor, emphasizing on devolution and building local organizational capacity. The project components involve: (i) promotion of social mobilisation and community driven decision making; (ii) enhancing livelihood opportunities through farming systems improvements; (iv) Capacity building of GPs and local community institutions.

Project Appraisal Document: 7 August 2006. [read more]

Pg. 13

6. Loan/Credit conditions and covenants

iv) Institutional mergers of (a) the PMU (Program Management Unit) with the SWSM (State Water and Sanitation Mission) and (b) the DPMUS (District Program and Management Unit) with the relevant DWSMs (District Water and Sanitation Missions) will be implemented by the end of the project period.

M) Andhra Pradesh Community-Based Tank Management Project (P100789)

Short Description : The objective identified for the project is for selected tank based producers to improve agricultural productivity and Water User Associations to manage tank systems effectively. The project has four conditions, namely: (i) institutional strengthening; (ii) Minor Irrigation Systems improvement; (iii) Agricultural Livelihoods Support Services which will seek to enhance productivity, production and profitability of tank based agricultural activities.

Project Appraisal Document: 22 March 2007. [read more]

Pg. 13-14

6. Loan/Credit Conditions and Covenants

There are no conditions for the effectiveness of the Loan and the associated Credit. The key proposed covenants for the project include:

Andhra Pradesh shall:

(ii)  establish by the effective date and, at all times during the implementation of the Project, maintain the required DPUs (District Project Units), SOs (Support Organization) and WUAs in the appropriate project area, all under the supervision of qualified and experienced management assisted by competent multi-disciplinary staff, in adequate numbers and with adequate resources satisfactory to the Association and the Bank.

2. Asian Development Bank

A) Urban Water Supply and Environmental Improvement in Madhya Pradesh – (Project Number- 32254 )

Short Description: The project considers deficiencies in basic services in six of the largest cities in M.P. The project is comprised of three parts. Part A – urban water supply and environmental improvement and expansion of the following municipal infrastructure and services: i) urban water supply, ii) sewerage and sanitation, iii) storm water drainage, and iv) solid waste management. Part B- Public participation and awareness program. Consists of two i) two community-level funds that will be the basis for participatory planning between the municipal authorities and the poor communities of the neighbourhood to integrate slum improvements with citywide infrastructure; and (ii) water for Asian Cities program in India covering urban water conservation and demand management to be financed through parallel cofinancing by UN-Habitat. Part C- project implementation assistance- will consist of support to the state project management unit (PMU) and the city Project Implementation Units (PIUs) with activities immediately related to the implementation of the project.

Report and the Recommendation of the President to the Board of Directors – November 2003 [read more]

Pg. 18

V. Assurances

A. Specific Assurances

In addition to the standard assurances, the Central Government, the State Government, and the six project city corporations have given the following assurances, which are incorporated in the legal documents:

(i)  The state will ensure that the six project city corporations execute the financial improvement actions in accordance with agreed-upon timetable (Appendix 12), including a) revising water charges and introducing progressive block rate water tariff; b) reassessing properties and revising taxes; c) introducing a sewerage surcharge; and d) improving collection efficiency. There will be no amendments to the timetable without prior consent of the ADB.

B) Kerala Urban Sustainable Development Project (32300)

Short Description : The project involves the improvement, upgrading and expansion of existing urban infrastructure facilities and basic urban environmental services (water supply, sewerage and sanitation, urban drainage, solid waste management, and urban roads and transport) in five corporations and 53 urban municipalities of the State of Kerala . The project also involves institutional strengthening and capacity building of state and municipal agencies in urban management and urban services provision, as well as poverty reduction initiatives developed through stakeholder participation.

Report and the Recommendation of the President to the Board of Directors – Nov. 2005. [read more]

Pg. 18

V. Assurances

A. Specific Assurances

82. In addition to the standard assurances, the Government of India and GoK have given the following assurances, which will be incorporated in the legal documents:

ii) By midterm review of the Project, GoK will develop a road map on the role of KWA (Kerala Water Authority) and relevant statutory authorities/ULBs for water supply in the area covered by the Project to ensure empowering these with related services and cost recovery in accordance with the Kerala Municipalities Act 1994 and Decentralization of Powers Act, 2000.

iv) By no later than March 2007, GoK will formulate a policy on conversion of standposts to individual metered house service connections and/or metering standposts, for the purpose of efficient demand side management and reduction of NRW.

v) GoK will ensure that all the municipal corporations pass a resolution by March 2008 to introduce service tax and/or other revenue mobilization measures in each municipal corporation to meet shortfall of revenues needed to fund O&M of the expanded water supply.

vi) GoK will ensure that all the municipal corporations will prepare and implement a financial improvement action plan to a) introduce a sewerage charge, b) introduce a solid waste management charge, c) improve collection efficiency, by no later than 1 year after related sub-project completion.

C) Chattisgarh Irrigation Development Project – (37056)

Short Description : The project supports institutional strengthening and capacity development for the Water Resources Department (WRD) of the Government of Chattisgarh. It supports capacity development and institutional strengthening of water user associations (WUAs) that will assume responsibility for irrigation system operation and maintenance (O&M). The project has the following strategic priorities: (i) improve the ability of WRD to develop and manage irrigation systems; ii) develop the capacity of Water User Associations (WUAs) to play a meaningful role in the rehabilitation, management, and O&M of irrigation systems; iii) rehabilitate and upgrade minor and medium irrigation systems through a participatory process directed by WUAs; and iv) enhance the WUAs and farmers capacities for improved agricultural practices with emphasis on diversified and rabi cropping.

Report and the Recommendation of the President to the Board of Directors- March 2005. [read more]

Pg. 17-18

VI. Assurances

A. Specific Assurances

67. In addition to the standard assurances, the Government and GOCG (Government of Chhatisgarh) have given the following assurances, which are incorporated in legal documents:

ii) GOCG will ensure that all necessary steps are taken for early consideration and enactment of the amended PIM Act by the state legislature; and within 6 months thereof, prepare rules and regulations under the Act and enforce the same in the subsequent financial year starting 1 st April.

iii) Among other provisions, the amended PIM Act will include (a) transfer of O&M responsibilities to WUAs; b) WUAs to be provided on a timely basis (at least on seasonal basis) with an adequate portion of the water tax for O&M; c) improved representation of one of more WUAs per irrigation system for all systems above 200 ha, and one of those below 200 ha where practicable; d) restructuring of the offices, terms of office, and subcommittees; e) adoption of measures to ensure women's participation and effective contribution to the structures and processes set forth in the PIM Act, as provided in Section D (Gender and Development) of Appendix 2; and f) audit of accounts maintained by WUAs.

iv) GOCG will ensure that the Amended PIM Act is drafted and validated through an iterative, consultative process including all relevant stakeholders.

v) Before the midterm review of the project, in consonance with Government policies on rationalised ISF (irrigation service fee) (water tax), GOCG will revive the current ISF and make appropriate adjustments based on the needs for O&M and cost sharing of the water tax between WRD (Water Resources Department) and WUAs.

vi) For the R&U (rehabilitation and upgrading) sub-projects, GOCG will ensure a) transfer of O&M to WUAs with adequate capacity, to be jointly by ADB, GOCG, WRD, and WUAs; b) at least one dedicated WUA responsible for one subproject; c) transfer of O&M to WUAs under standard contracts specifying roles, responsibilities, maintenance of proper accounts (for O&M and other funds received), and authority for irrigation management and O&M; and d) adequate funding for O&M through timely sharing with WUAs of water tax collections, grants or other measures.

D) North Karnataka Urban Sector Investment Program (Facility Concept)- (38254)

Short Description : The North Karnataka Urban Sector Improvement Program aims to help the Government of Karnataka rehabilitate existing urban infrastructure facilities and construct new ones in Urban Local Bodies (ULBs) of north Karnataka. The Investment Program is seen as a logical progression of previous ADB assistance to the state in the southern and coastal areas and would specifically address the imbalance in the level of urban infrastructure and services in ULBs in North Karnataka . The investment program seeks to: i) improve urban services for at least the 4.3 million people living in the initially identified 25 investment programme ULBs; ii) improve and sustain infrastructure services within Investment Program ULBs; and iii) promote PSP in selected subsectors with the aim of bringing in a proper incentive framework for efficient and equitable service provision and of linking the private sectors financial liquidity with the large investment requirements in the urban poor.

Report and the Recommendation of the President to the Board of Directors – Nov 2006. [read more]

Pg. 19

V. Assurances

83. In addition to the standard assurances, the Government and GoK have given the following assurances, which have been incorporated in the framework financing agreement, and will be incorporated in the individual loan agreements as applicable, subject to any amendments to be mutually agreed by the Government and ADB.

xi) GoK will conduct surveys under the bridging TA (technical assistance) referred to in paragraph 37, to determine the real volumetric water tariff by measuring the actual amounts of water supplied to 3 ULBs (urban local body) to be selected by the KUIDFC (Karnataka Urban Infrastructure Development and Finance Corporation).

xii) GoK will ensure that for each of the Investment Program ULBs receiving funds under the loan, the (nominal) base volumetric water tariff will be increased to the real current volumetric tariff per m3 and that the tariff schedule will be changed zone by zone or for the related town, as feasible, upon completion of the related water supply subproject, from the (un-metered) monthly flat-rate to volumetric metered tariff with the lifeline block set at 8 m3 of which the rate shall not be less than the flat-rate. Upon the completion of the studies currently being carried out by consultants under the World Bank-supported Karnataka Urban Water Sector Improvement Project (KUWASIP), and by the bridging TA consultants, the water tariffs of the Investment Program ULBs will be firmed up by the mid-term review of the Investment Program.

xiii) For subprojects consisting of sewerage provision, sewerage tariffs will be introduced by GoK and ADB upon completion of studies currently being carried out by the consultants under the World Bank-supported KUWASIP, and subsequently upon. completion of studies by the bridging consultants. Such sewerage tariffs will take effect upon related subproject's completion.

xiv) GoK will ensure that measures are taken to improve bill collection efficiency including the enforcement of existing provisions for service cut-off due to non-payment. The appropriate levels of sewerage tariffs for the Investment Program ULBs will be agreed between GoK and ADB upon completion of the studies being carried out by consultants under the World Bank-supported KUWASIP project, and the studies by the bridging TA consultants.

xv) GoK will ensure that the Investment Program ULBs will by not later than 31 December 2011, a) take measures to significantly improve bill collecting efficiency including the enforcement of existing provisions for service cut-off due to non payment and, b) introduce self assessment system of capital value system for property tax.

E) Karnataka Urban Infrastructure Development Project (27132)

Short Description : The Project is an integrated Urban Infrastructure Development Project, under which assistance will be provided to the Karnataka State Government for development of water supply and sanitation, solid waste management, urban road improvement, slum upgrading, provision of serviced residential sites for low-income groups, provision for serviced industrial and commercial sites, as well as assistance toward Project implementation and institutional strengthening measures. The fundamental objective of the Project is to promote decentralization of population growth and economic activity in Bangalore by seeking to address infrastructure deficiencies and related environmental aspects in selected urban areas in the Bangalore sub-region.

Report and the Recommendation of the President to the Board of Directors- Nov 1995. [read more]

Pg. 32

VI. Assurances

103. The Government and Executing Agencies have given the following assurances in addition to the standard assurances, which have been incorporated in the legal documents:

i)  KUWSDB will take all necessary steps within six months from loan affectivity to increase water tariffs and sewerage charges in accordance with the notification issued by the state to ensure that in each Project town, the full-cost recovery for O&M of water supply and sanitation services is achieved.

F) Calcutta Environment Improvement Project – (29466)

Short Description : As part of the project a policy and institutional network is sought to be established to sustain the investments in sewerage and drainage, solid waste management, slum improvements, and canal rehabilitation. The project comprises the highest priority investments under the Municipal Calcutta Environment Improvement Program, a long-term master plan prepared under ADB technical assistance. The objectives of the project are to i) improve the environment in the outer areas of Calcutta, ii) reduce poverty in the low-income areas through affordable access to basic urban services, iii) facilitate community empowerment through participatory processes, iv) protect the environment through adverse developmental impacts, and v) help develop Calcutta Municipal Corporation (CMC).

Report and the Recommendation of the President to the Board of Directors- Nov. 2000. [read more]

Pg. 31

VI. Assurances

A. Conditions for Loan Effectiveness

124. As a condition to the effectiveness of the Loan Agreement, the state government will have enacted amendments to the CMC Act, which will (i) enable the CMC (Calcutta Municipal Corporation) to issue regulations or adopt budget estimates, requiring all users to pay a direct flat rate surcharge based on consumer connection size for sewerage and drainage for all unmetered water connections; ii) ensure that CMC will be externally audited on an annual basis no later than 12 months after the end of each fiscal year; and iii) enable the CMC to have a separate account for SWM as part of the municipal fund, and allocate 15 percent of the amounts realized from the consolidated rate charge to that account.

125. As further conditions to the effectiveness of the Loan Agreement, (i) the on-lending agreement, satisfactory to ADB, will have been executed and delivered on behalf of the state government and CMC in accordance with its terms; and (ii) the DFID agreement will have been executed and delivered, and all conditions precedent to its effectiveness shall have been fulfilled, or arrangements satisfactory to ADB shall have been made for its fulfilment.

G) Rajasthan Urban Infrastructure Development Project – (29120)

Short Description : The project seeks to optimize social and economic development in urban Rajasthan. The assistance is directed at the cities with the greatest at the cities with the development potential to (i) redress immediate infrastructure and service deficiency as well as meet future demand for fulfilment of basic human needs, ii) act as a vehicle through which policy reforms can progress and be effectively executed, and iii) have the maximum demonstration effect for replication. The project is to be undertaken in five parts. Part A will provide support for capacity building and community participation, including community awareness and education. Part B will include water supply rehabilitation and expansion. Part C will improve urban environmental quality. Part D will improve urban transport and management. Part E will provide implementation assistance covering incremental administration, equipment and vehicles for implementation, design construction and supervision services, and Project management services.

Report and the Recommendation of the President to the Board of Directors- Nov. 1998. [read more]

Pg. 28-29

VI. Assurances

97. The Government and Rajasthan State have given the following specific assurances, in addition to the standard assurances, which have been incorporated in the legal documents:

(i) The State will execute the policy, institutional, and financial reform measures in the policy and institutional reform agenda in accordance with the agreed upon timetable. There will be no amendment of the timetable without the prior consent of the Bank.

(ii) The state will reduce water supply subsidies and achieve financial sustainability for the water supply systems in the Project cities by actions including (a) reducing NRW to no more 30 percent by no later than March 2004, through NRW program measures including improvement of collection efficiency to 90 percent and implementation of a water supply disconnection policy; and (b) increasing water tariffs averaged over all consumer categories to meet full O&M costs in Project cities service areas by no later than March 2005 and increase thereafter as required to meet an operating ratio of 1.2 by no later than March 2011.

H) Karnataka Urban Development and Coastal Environmental Project- 30303

Short Description : The objective of the project is to optimize social and economic development in the urban areas of West Karnataka by supporting investments in urban infrastructure and services required to meet basic human needs, and facilitating policy reforms to strengthen urban management. The project is to be undertaken in six parts. Part A will provide support for capacity building of local government administrations and community participation. Part B will include water supply rehabilitation and expansion. Part C will improve urban environmental quality. Part D will improve transportation. The focus of Part E is on coastal environmental management. Part F would provide implementation assistance.

Report and the Recommendation of the President to the Board of Directors- Sep. 1999 [read more]

Pg. 31-32

VI. Assurances

110. The Government and Karnataka State have given the following specific assurances, in addition to the standard, which have been incorporated in the legal documents:

iii) The state will reduce water supply subsidies and achieve financial sustainability of the water supply systems in the project ULBs by actions including (a) reducing nonrevenue water to no more than 25 percent by no later than July 2005, through program measures including improvement of collection efficiencies to 85 percent and implementation of water supply disconnection policy; (b) increasing water tariffs by an average of 50 percent for all consumer categories by April 2001 and 100 percent on the then prevailing rates by April 2005.

iv) The state will ensure that the proposed water tariffs also include a drainage surcharge to cover O&M costs of the sewerage systems in all project ULBs.

Technical Assistance in the Water Sector with Legal Assurances

A) Multisector Project for Infrastructure Rehabilitation in Jammu and Kashmir and Technical Assistance Grant for the Preparation of the Jammu and Kashmir and Technical Assistance Grant for the Preparation of the Jammu and Kashmir Urban Infrastructure Developmental Project

Short Description : The project targets the rehabilitation of existing infrastructure and utility facilities in J&K. The priorities laid out by the state are the restoration of facilities needed to deliver a minimum water service in the two main cities of the state, Srinagar and Jammu , and the establishment of key roads and bridges in 14 districts. The project also targets capacity building of executing agency.

Report and the Recommendation of the President to the Board of Directors- Dec 2004. [read more]

Pg. 25-26

VI. Assurances

A. Specific Assurances

96. In addition to the standard assurances, the Government has given the following assurances, which have been incorporated in the legal documents.

i) The state government and ERA (Economic Reconstruction Agency) will have joint responsibility as executing agencies (EAs) for the execution of the project. The state will ensure that the ERA has all delegated and other powers to carry out its functions as EA.

iii) The state government will double the current water tariffs by June 2005 for all types of connections, both domestic and commercial and will introduce metering of bulk water supply at the source and distribution centers, and commercial establishments falling in the Project area. The State Government and ERA will undertake, under the PPTA (project preparatory technical assistance), public awareness campaigns on water metering of domestic connections and consumption-based tariff systems.