Land Acquisition and Resettlement Clause Samples
The Land Acquisition and Resettlement clause outlines the procedures and responsibilities related to obtaining land and relocating affected individuals or communities for a project. It typically details the process for identifying required land, compensating landowners, and providing support or alternative housing to those displaced. This clause ensures that land is secured legally and ethically, while minimizing disruption and addressing the rights and needs of those impacted by the acquisition.
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Land Acquisition and Resettlement. 20. 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).
21. 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 ensure, and cause MOR, CMG, HPG, and the Project Company to ensure, that (i) prior to commencement of the land acquisition, the RP is updated, if necessary, and disclosed to the affected people, submitted to ADB for approval and disclosure on ADB’s website; (ii) the RP is implemented promptly and efficiently in accordance with its terms, and all applicable laws and regulations of the Borrower, and ADB’s Involuntary Resettlement Policy (1995); (iii) all affected people are given adequate opportunity to participate in resettlement planning and implementation; (iv) those affected are compensated and assisted 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; (v) adequate and appropriate support is provided for enterprise relocation; (vi) affected people receive priority for employment in Project construction; (vii) special measures are implemented for ethnic minorities and vulnerable groups; (viii) civil works contracts under the Project include requirements to comply with the RP; (ix) implementation of the RP is monitored internally by the Project Company and the respective local governments, and externally by an independent institute; (x) reports are submitted to ADB and MOR as stipulated in the RP; and (xi) affected people have an opportunity to express grievance at appropriate levels, and that local officials are instructed to resolve disputes and implement measures promptly.
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 Borrower shall ensure, and shall cause CIPA to 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 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. 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. 8. The Borrower shall ensure that all land and rights-of-way required for the Project will be made available in a timely manner, and that the implementation of land acquisition and resettlement plan is monitored and updated in compliance with (a) the Borrower's relevant laws and regulations, and (b) ADB’s Involuntary Resettlement Policy (1995). In case of any discrepancy between the Borrower’s laws and regulations, and ADB's policy, the ADB's policy requirements shall apply.
Land Acquisition and Resettlement. The Beneficiary shall ensure that the LARP is monitored and updated in compliance with (a) the relevant laws and regulations of the Beneficiary, and (b) ADB’s Involuntary Resettlement Policy (1995), it being agreed by the Beneficiary that, in case of any discrepancy between the Beneficiary’s laws and regulations, and ADB's policy, the ADB policy requirements shall apply.