Land Acquisition and Resettlement. 5. 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. 9. 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. (a) The Borrower, MARD and the PPCs shall ensure that all Subproject Works are undertaken within existing easements, public rights of way and public lands, and that all Subprojects are screened in view of potential resettlement impacts in accordance with the RF to ensure that no land acquisition or resettlement is required. If land acquisition and resettlement are unavoidable, the Borrower, through MARD, shall engage and mobilize resettlement specialist consultants experienced in ADB resettlement, ethnic minority, and gender policies to assist in updating and implementing the RP and prepare RPs for Subprojects which are to date addressed by an RF. The Borrower shall cause MARD to ensure that (i) the RP is carried out promptly and efficiently in accordance with all laws and regulations of the Borrower and ADB’s Policy on Involuntary Resettlement and Ethnic Minority and Gender Policies; (ii) all affected people are given adequate opportunity to participate in resettlement planning and implementation; (iii) a focus is placed on the needs of the most vulnerable, including ethnic minorities, and on gender issues; (iv) the affected people are compensated and assisted prior to displacement from their land and assets such that they shall be at least as well off as they would have been in the absence of the Project; (v) implementation of the RP is monitored and M&E is undertaken using gender and ethnic group disaggregated indicators, and related reports are submitted to ADB as stipulated in the RP; (vi) the RPs for Subprojects which are to date addressed by an RF shall be prepared in accordance with the agreed RF, and submitted to ADB for review and approval; and (vii) all RPs are disclosed to the affected people in accordance with ADB policies.
Land Acquisition and Resettlement. 10. 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. 7. 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. 49. SPG, the concerned Local Governments and the IAs shall ensure that: (i) prior to the commencement of construction work, all land and rights-of-way required by the Project be made available in a timely manner in accordance with laws and regulations of the Borrower, including land use approvals and agreements with APs; (ii) the RPs be implemented promptly and efficiently in accordance with their terms and the provisions of the RPs be implemented in accordance with all applicable laws and regulations of the Borrower and ADB’s Policy on Involuntary Resettlement; (iii) all APs be given adequate opportunity to participate in resettlement planning and implementation; (iv) the APs be at least as well off as they would have been in the absence of the Project; (v) counterpart funds be provided in time for land acquisition and resettlement activities; and (vi) any amounts in excess of the RP budget estimates be provided.
Land Acquisition and Resettlement. 19. GPG through GPCD shall, and shall cause GCHC to, ensure that (i) the RP for the Project expressway and connecting roads and the RP for the rural roads and township bus stations be implemented in accordance with their terms, (ii) all land and rights–of–way required by the Project be made available in a timely manner, (iii) the provisions of the RPs, including compensation and entitlements for affected persons (APs), be implemented in accordance with all the Borrower’s applicable laws and regulations and ADB’s Policy on Involuntary Resettlement, (iv) compensation and resettlement assistance be given to the APs prior to dispossession and displacement, (v) the timely provision of counterpart funds be made for land acquisition and resettlement activities, (vi) any obligations in excess of the RP budget estimates be met, and (vii) the APs be at least as well off as they would have been in the absence of the Project.
Land Acquisition and Resettlement. 17. 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. 2. 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. 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).
