Involuntary Resettlement. The Loan Agreement between Poland and the World Bank is an international law act, and by concluding it, Poland undertakes to apply the policies of the World Bank. In the event of discrepancy between Polish legal provisions and the WB policies, it is required to apply the provisions being more favourable to the community affected by the Project.
Involuntary Resettlement the Operational Policy setting out the principal rules and procedures being a basis of the WB approach to involuntary resettlement due to investment projects. Project Affected Person (PAP) – any person who, due to the project implementation, loses his or her ownership right or other benefits from his or her developed infrastructure (used for residential, agricultural or breeding purposes), or loses his or her annual or multi-annual crops and yield or other related or movable assets, in full or in part, whether permanently or temporarily. PAPs may also include the members of a local community or other persons affected by the actions related to the project. Natural person – the civil-law definition of a human, from the moment of birth until the moment of death. Legal person – legal persons are the State Treasury and organisational units which are accorded legal personality by specific regulations. Bona fide possessor – a person who uses a thing, treating it as his/her property, and is erroneously convinced that he/she has the right of ownership, but this erroneous conviction is justified by the circumstances. Mala fide possessor – a person who uses a thing, treating it as his/her property, but is or should be aware that he/she is not its owner. Revenue – an increment in property gained from carrying out a business or agricultural activity on a real property, including from the sale of such property. Involuntary resettlement – a resettlement is involuntary if it is carried out without the consent of the person being resettled (against his/her will) or under a consent granted under duress (without the possibility to object to the resettlement), for example by expropriation. Limited liability company – a company established by one or more persons for any lawful purpose. Expropriation – a process involving the deprivation or restriction of a right in a real property, enjoyed by a particular person, under an individual legal act. Value of expenditure – the amount due to the user, negotiated with the person incurring expenditure on the real property, or an amount based on the value of expenditure determined by a licensed property appraiser. Replacement value – a compensation for lost goods, appraised based on their replacement/market value, including all transaction costs (such as taxes and registration fees), aimed at a sufficiently effective replacement of the lost goods (replacement value). Replacement value is the amount required to replace the lost assets, ex...
Involuntary Resettlement. The Borrower shall through SEAPPA: (a) implement the Project and, when applicable cause the Subprojects to be implemented, in accordance with the provisions of the Involuntary Resettlement Framework; (b) when applicable, furnish to the Bank for its approval an specific involuntary resettlement plan for each Subproject; and (c) cause Beneficiaries to carry out the requirements specified by such specific involuntary resettlement plan in accordance with its terms.
Involuntary Resettlement. Without any limitation to sub-paragraph (1) (c) above, if it is determined that a Subproject under Component 1 (a) or irrigation investment under Component 2 (b) would involve involuntary resettlement of persons and/or loss of means of livelihood of the affected persons as a result of the involuntary acquisition of land, the Recipient shall ensure that a RAP satisfactory to the Association is prepared in accordance with the principles and procedures specified in the RPF and implemented for the benefit of the affected persons. Each RAP prepared as part of a proposed Subproject under Component 1 (a) shall be reviewed and approved by zonal land officials and attached to the DADP before submission to the concerned Council for approval. The first RAP produced in each qualifying District shall be subject to the Association’s prior review. Thereafter, each subsequent RAP produced in that District shall be subject to post review by the Association. Each RAP prepared as part of a proposed irrigation investment under Component 2 (b) shall be reviewed and approved by zonal land officers and/or the Recipient’s ministry responsible for lands, housing and human settlements development, as appropriate, before such investment is approved by the NIDF Committee.
Involuntary Resettlement. 13. The Borrower shall ensure that it shall not approve any Subproject that involves significant involuntary resettlement according to ADB’s Policy on Involuntary Resettlement (1995). The Borrower shall further ensure that all land and right-of-way required for the Project shall be made available in a timely manner and adequate compensations shall be paid to affected people prior to any civil works contract’s award. Any involuntary resettlement shall be carried out in accordance with the Resettlement Framework (RF) agreed upon between the Borrower and ADB, and ADB’s Policy on Involuntary Resettlement (1995). A Resettlement Plan (RP) shall be prepared for each Subproject involving land acquisition or resettlement and shall be submitted to ADB for review and approval prior to any related civil works contract’s award. The RPs, that have been prepared and agreed by the Borrower and ADB, for the sample Subprojects, shall be updated and provided to ADB for review and approval following detailed design and prior to civil work contracts’ award. Draft RPs and draft updated RPs shall be disclosed to affected people prior to submission to ADB for review and approval.
Involuntary Resettlement. 23. The Borrower shall ensure that the Project shall not cause any involuntary resettlement. In the event of any unanticipated or unforeseen involuntary resettlement, the Borrower shall ensure that the Project is implemented in accordance with ADB’s Policy on Involuntary Resettlement (1995). The Borrower shall ensure that none of the loan proceeds shall have been utilized for land acquisition purposes.
Involuntary Resettlement. 6. The Borrower shall ensure that any of the Project activities do not involve any involuntary resettlement. In the event, however, that any involuntary resettlement impacts are unavoidable, the Borrower, through MOH, shall (a) prepare a resettlement plan for such activity in accordance with the agreed land acquisition and resettlement framework under the Project and ADB’s Safeguard Policy Statement (2009); (b) ensure that such resettlement plans are prepared on the basis of the detailed technical design, disclosed to affected persons, and submitted to ADB for review and approval; and (c) ensure that all compensation and rehabilitation assistance is paid before dispossession of assets. Gender and Development
Involuntary Resettlement. 8. The Borrower shall ensure that the Project does not have any land acquisition or involuntary resettlement impact under SPS. In the event that the Project does have any such impact, the Borrower shall take all steps required to ensure that the Project complies with the applicable laws and regulations of the Borrower, the RF, any RP and with SPS.
Involuntary Resettlement. The Borrower, through the Project Implementation Unit, shall: (a) implement the Project and, when applicable, cause the Subprojects to be implemented in accordance with the provisions of the Involuntary Resettlement Framework; and
Involuntary Resettlement. (a) Without limitation on the provisions of sub-paragraph (1) above, if it is determined that a proposed RWSS Subproject, UWSS Subproject, or WRM Subproject would result in the involuntary resettlement of persons and/or loss of means of livelihood as a result of the involuntary acquisition of land (the “Affected Persons”), the Recipient shall ensure that a RAP that is satisfactory to the Association is prepared in accordance with the principles and procedures specified in the RPF and implemented for the benefit of the Affected Persons.
