Land Acquisition and Resettlement. 21. The Borrower, DGPC, and DHPC shall ensure that (i) all land and rights-of- way required by the Project are made available in a timely manner; (ii) any involuntary resettlement will be avoided or minimized; (iii) in collaboration with the competent authorities, title deeds for the new plots of land will be made available to all affected persons by 31 December 2008; (iv) the provisions of the Resettlement Plan, including compensation and entitlements for affected households and persons, will be implemented; and (v) the Project is in compliance with all applicable laws and regulations of the Borrower, including those amended from time to time, and the entitlement benefits as listed in the Borrower’s applicable laws, and ADB’s Involuntary Resettlement Policy (1995).
22. The Borrower, DGPC, and DHPC shall ensure that
(a) sufficient budgetary resources are made available to cover all such compensation and associated costs;
(b) all such compensation will be paid at the applicable rates for the implementation of the Project as per the Resettlement Plan;
(c) rates will be revised by 30 September 2008 to ensure the application of the actual market price and the entitlement matrix in the Resettlement Plan should be used in determining the suitable compensation;
(d) payments are made in a timely manner, in any case before dispossession and beginning of civil works;
(e) all people affected by the Project are compensated fairly, such that their living standards are not adversely affected; and
(f) any relocation, resettlement and compensation of any persons who are adversely affected by the Project, or who will be relocated as a consequence of the Project, shall be promptly and efficiently carried out in accordance with (i) the Resettlement Plan, and
Land Acquisition and Resettlement. NHA shall ensure that land acquisition and resettlement proceed in accordance with applicable laws, and ADB’s Policy on Involuntary Resettlement, as well as in accordance with the resettlement framework and resettlement plans for pre-selected sample subprojects and other remaining subprojects.
Land Acquisition and Resettlement. The Borrower shall ensure that all works be undertaken on the Borrower’s rights-of way and no persons be affected. In case that construction beyond the Borrower’s rights-of-way is required which would result in impacts on people, the Borrower shall prepare a resettlement plan (RP) based on the detailed designs and in accordance with ADB’s policy on involuntary resettlement. The RP shall be disclosed to all affected persons in a form and language that they can understand and be submitted with the EA’s endorsement to ADB for review and approval before any civil works contract is awarded.
Land Acquisition and Resettlement. The Borrower shall cause MOR, HPG, SPG and the Project Company to ensure that (i) the Resettlement Plan is carried out promptly and efficiently in accordance with its terms, all applicable laws and regulations of the Borrower, and ADB's Policy on Involuntary Resettlement, (ii) all affected people, including ethnic minorities, are given adequate opportunity to participate in resettlement planning and implementation, particularly in entitlements and income restoration measures as set out in the Resettlement Plan, (iii) affected people are compensated and assisted, in accordance with the Resettlement Plan, prior to displacement from their houses, land and assets such that they will be at least as well of as they would have been in the absence of the Project, (iv) adequate and appropriate support is provided for enterprise relocation, (v) affected people receive priority for employment in Project construction, (vi) special measures are implemented for vulnerable groups, including ethnic minorities, and (vii) civil works contracts under the Project include requirements to comply with the Resettlement Plan, the applicable laws and regulations of the Borrower and ADB’s Policy on Involuntary Resettlement, to the extent applicable to such contracts.
Land Acquisition and Resettlement. CIPA shall ensure that (i) all land acquisition and resettlement activities under the Project shall have been implemented in accordance with the applicable laws and regulations of the Borrower, ADB’s Involuntary Resettlement Policy (1995) and the Project RP; (ii) evidence of compliance with the RP shall have been submitted to ADB for review and approval before any resettlement activities are initiated; and (iii) where applicable, resettlement compensation is paid to the effected people as soon as it can be determined.
Land Acquisition and Resettlement. The Borrower shall, and shall cause the DISCO to, ensure that (a) all compensation, relocation, land acquisition and resettlement activities and livelihood rehabilitation programs under a Subproject are promptly and efficiently carried out in accordance with all applicable laws and regulations of the Borrower relating to land acquisition and involuntary resettlement, the Involuntary Resettlement Safeguards, the LARF, the respective LARP, and any corrective or preventative actions set forth in a Safeguards Monitoring Report; (b) no land is acquired for the purposes of any Subproject based on the emergency acquisition provisions of the Borrower's Land Acquisition Act (1894), as amended from time to time; (c) sufficient funds are made available, as necessary, for the efficient and timely implementation of activities specified in the respective LARP; (d) no notice is issued to a contractor for commencement of Works under a Subproject, until all compensation and other entitlements have been paid to displaced persons in accordance with the respective LARP; and (e) the implementation of the LARP is monitored and evaluated internally and externally.
Land Acquisition and Resettlement. The Recipient shall ensure that all Project rehabilitation works are undertaken within existing rights-of-way. In the event of any unforeseen land acquisition or resettlement needs, the Recipient shall inform ADB and prepare a resettlement plan according to applicable laws and regulations, the Resettlement Framework, and ADB’s Involuntary Resettlement Policy (1995). The Recipient, through the PMCBU, shall ensure that no construction activities begin until ADB has reviewed and approved the resettlement plan.
Land Acquisition and Resettlement. 6 The NMG shall ensure that (a) all land and rights-of-way required by the Project be made available in a timely manner; (b) the resettlement plans (RPs) be implemented promptly and efficiently in accordance with their terms; (c) the provisions of the RPs be implemented in accordance with all the Borrower’s applicable laws and regulations and ADB’s Policy on Involuntary Resettlement; (d) all compensation and resettlement assistance be paid prior to dispossession and displacement or in compliance with the relevant laws and regulations of the Borrower; (e) all affected persons be ensured at least as to be well off as they would have been in the absence of the Project; (f) specific actions for affected ethnic minorities be implemented as outlined in the RPs and Social Development Action Plan (SDAP) of NMG; (g) all affected persons be given adequate opportunity to participate in resettlement planning and implementation; (h) affected persons be given adequate training and support to manage the new business started up with using land compensation funds; (i) timely provision of counterpart funds be made for land acquisition and resettlement activities; and (j) any obligations in excess of the RP budget estimates be met.
Land Acquisition and Resettlement. The Borrower, through RTSD and concerned local authorities, shall ensure that (a) all land and rights-of-way required by the Project are made available in a timely manner; (b) the RP prepared by RTSD and acceptable to ADB is implemented promptly and efficiently according to its terms, all applicable laws and regulations of Azerbaijan, and ADB’s Policy on Involuntary Resettlement; (c) the RP is updated based on detailed design, and the updated RP is submitted to ADB for approval and disclosed to affected persons prior to the commencement of civil works; (d) no further road reserve clearance are undertaken in the project area until a socioeconomic assessment of affected persons is completed and appropriate mitigation measures are incorporated in the updated RP; (e) the contractors’ activities are in compliance with requirements of the RP, applicable domestic laws, and ADB’s Policy on Involuntary Resettlement; and (f) an independent monitor acceptable to ADB is engaged to carry out monitoring and evaluation and report to ADB.
Land Acquisition and Resettlement. The Borrower shall, and shall cause Sindh to, ensure that (a) all land and rights-of-way required for any subproject under the Project are made available in a timely manner, including the requirement for allocation in the annual budget for the financing of land acquisition and related resettlement costs under the Project; (b) upon completion of the detailed design and detailed measurement survey, the resettlement plans under the Project will be prepared in full consultation with the affected people and in accordance with the Land Acquisition and Resettlement Framework (LARF) agreed upon between Sindh and ADB and will be promptly disclosed to the affected people; (c) reports on the implementation of the resettlement plan shall be submitted to ADB on a periodic basis; and (d) the entire involuntary resettlement activities under the Project shall be carried out in accordance with the LARF and resettlement plans agreed upon between Sindh and ADB, the relevant national and local policies on resettlement and rehabilitation, and ADB’s Involuntary Resettlement Policy (1995).
