Common use of Land Acquisition and Resettlement Clause in Contracts

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. 21. (a) The BorrowerState shall cause the Short Resettlement Plan as described under the Initial Loan Agreement relating to the sewage treatment plant in Jabalpur, DGPCincluding the provision of all required counterpart funds for agreed compensation to affected persons, to be implemented prior to award of the relevant civil works contracts in accordance with government laws and procedures, ADB's Policy on Involuntary Resettlement, and DHPC the Project's agreed Land Acquisition and Resettlement Framework as applicable under the Initial Loan Agreement. (b) The State shall ensure that (i) all land Project components are designed so as to minimize resettlement and rights-of- way required by the Project are made available in a timely manner; (ii) if, during detailed design of Project components, involuntary resettlement arises from land acquisition or temporary disruption of income generation, a resettlement plan (the Resettlement Plan) shall be prepared and implemented in accordance with government laws and procedures, ADB's Policy on Involuntary Resettlement, and the Project's agreed Land Acquisition and Resettlement Framework as applicable under the Initial Loan Agreement. (c) If any involuntary resettlement will be avoided or minimized; is required as described in paragraph (iiib) in collaboration with above, based on the competent authorities, title deeds final engineering designs for the new plots of land will be made available to all affected persons by 31 December 2008; (iv) Project, the provisions of State shall prepare the Resettlement Plan, including compensation and entitlements submit this 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 timeADB's approval, and ensure the entitlement benefits as listed provision of all required counterpart funds for agreed compensation to affected persons prior to award of civil works contracts in the Borrower’s applicable laws, and affected area. 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 's approval 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 and disbursement of agreed compensation shall be used a condition for award of civil works contracts in determining the suitable compensation;affected area. (d) payments are made in All land required for a timely mannerProject component, in including any case before dispossession and beginning that may entail involuntary resettlement, shall have been acquired no later than twelve months after effectiveness of civil works; (e) all people affected by the Initial Loan Agreement, failing which the component shall be eliminated from 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, andunless ADB agrees otherwise.

Land Acquisition and Resettlement. 21. (a) The Borrower, DGPCMARD and the PPCs shall ensure that all Subproject Works are undertaken within existing easements, public rights of way and public lands, and DHPC 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. (b) MARD shall ensure that (i) all funds needed for land acquisition and rights-of- way required by the Project resettlement are made available allocated and disbursed in a timely manner; (ii) any involuntary resettlement will be avoided or minimizedthe preliminary RPs already drafted for the initial six projects are updated and submitted to ADB within 3 months of completing the detailed measurement surveys; and (iii) ADB is promptly advised of any substantial changes in collaboration with the competent authoritiesresettlement impacts and, title deeds if necessary, a revised RP is submitted to ADB for approval. In the new plots event of land will be made available to all affected persons by 31 December 2008; (iv) an inconsistency between 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 Borrower's 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)Social Safeguard Policies, ADB policies shall apply. 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. 2115. The BorrowerEDC shall be responsible for the acquisition of the land required for the Project and for compensation and, DGPCif required, relocation, resettlement and DHPC rehabilitation of Project affected people. EDC shall ensure that such land acquisition, compensation, relocation, resettlement and rehabilitation is carried out in accordance with the RPs and RF agreed upon between the Borrower and ADB, the Borrower's laws, regulations, and procedures and ADB's requirements as defined in ADB's Policy on Involuntary Resettlement. In case of discrepancies between the Borrower's laws, regulations, and procedures and ADB's requirements, ADB's requirements shall apply. 16. Prior to commencement of any resettlement activities, including the detailed measurement survey, EDC shall engage and mobilize (ia) resettlement specialist consultants (as part of the Project implementation consultants) to assist in preparing and implementing the RPs, and (b) an independent monitoring organization (IMO). EDC shall appoint at least one full-time resettlement staff who is a recent social science graduate (as described in para. 2 of this Schedule) and ensure, through its PMU, that provincial and district resettlement committee authorities are appointed. 17. The Borrower shall ensure that EDC has taken all needed actions to ensure that (a) the resettlement planning and implementation is carried out promptly and efficiently in accordance with all Government laws and regulations, ADB’s Policy on Involuntary Resettlement, and the approved RPs and RF, specifically including those special measures specified in the RP and RF for complementary mitigation and enhancement activities to assist socially and economically vulnerable groups, such as women-headed families, children and elderly people without support structures, people living in extreme poverty, and indigenous and ethnic minorities; (b) all land affected people are given adequate opportunity to participate in resettlement planning and rightsimplementation; (c) all affected people are compensated and assisted prior to displacement from their houses, land, and assets such that they will be at least as well off as they would have been in the absence of the Project and the poorest and vulnerable are assisted to improve their socio-of- way required economic status; (d) implementation of the RPs is monitored by EDC and provincial resettlement committees, and by the Project IMO, and related reports are made available submitted to ADB and EDC through the quarterly monitoring reports as stipulated in the RP and RF; (e) the RP for the distribution system is prepared in accordance with the RF, and disclosed to the affected people before being submitted to ADB for review and approval; and (f) each final and updated RP, including compensation rates, is translated into Khmer and placed in commune and district offices, and summaries, in the form of information booklets, including compensation rates, are distributed to all affected people. 18. The Borrower shall ensure that EDC: (a) allocates and disburses funds needed for land acquisition and resettlement 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; (ivb) the provisions of RP is updated and submitted to ADB after completing the Resettlement Plandetailed measurement surveys and detailed design, including compensation and entitlements for affected households and persons, will be approved by ADB before it is implemented; and (vc) ADB is promptly advised of any changes in the Project is in compliance with all applicable laws and regulations of the Borrower, including those amended from time to timeresettlement impacts, and the entitlement benefits as listed in the Borrower’s applicable lawsif necessary, and ADB’s Involuntary Resettlement Policy (1995)a revised RP is submitted to ADB for concurrence. 2219. The Borrower, DGPC, and DHPC Borrower shall ensure that (a) sufficient budgetary resources are made available timely provision of counterpart funds to cover all such compensation and associated costs; (b) all such compensation will be paid at the applicable rates EDC 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 relocationland acquisition, resettlement and compensation of monitoring activities specified in the RPs, and will meet any persons who are adversely affected by the Project, or who will be relocated as a consequence unforeseen obligations in excess of the ProjectRP budget estimate in order to satisfy resettlement objectives. The Borrower shall ensure that counterpart funds for compensation and entitlements under the RPs are fully provided directly to affected people prior to their displacement from housing and prior to loss of land, livelihood, income or other assets or both. 20. No construction civil works shall be promptly commence in a specified geographic area prior to EDC having satisfactorily completed in that area, and efficiently carried out in accordance with (i) the Resettlement Planapproved RP, andcompensation payment and relocation, if any, and having ensured that all rehabilitation assistance to Project affected persons is in place and that the specified geographic area required for civil works is free of all encumbrances. 21. The Borrower shall provide to the IMO, at no cost, all documents required to monitor the resettlement process, specifically including the RPs, RF, Detailed Measurement Survey documents, signed agreements with affected people, and all associated documents which may be requested by the IMO.

Land Acquisition and Resettlement. 2114. The Borrower, DGPC, and DHPC NMG shall ensure that (ia) prior to the commencement of civil works, all land and rights-of- 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 to be made available to all affected persons by 31 December 2008; (iv) the provisions of the Resettlement PlanContractor, including compensation and entitlements for affected households and persons, will be implemented; and (v) the Project is made available in compliance accordance 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 lawslaws and regulations, including land use approvals 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; agreements with affected persons; (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 all 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 each respective Resettlement Plan, and(ii) all applicable laws and regulations of the Borrower, and (iii) ADB’s Policy on Involuntary Resettlement (1995) and related operational procedures, such that Project-affected persons will at least maintain their standard of living at the same level as before implementation of the Project (c) all affected persons will be given adequate opportunity to participate in resettlement planning and implementation; (d) sufficient and timely provision of counterpart funds will be made available for land acquisition and resettlement activities such that affected persons are at least as well off as they would have been in the absence of the Project; and (e) any obligations in excess of the Resettlement Plan budget estimates be met. 15. NMG shall, and shall cause each Implementing Agency to, ensure that (a) adequate numbers of Implementing Agency staff and resources are committed to supervise, internally monitor, and evaluate the implementation of each Resettlement Plan; (b) each Implementing Agency provides to NMG and ADB a semiannual internal monitoring report during resettlement implementation, and within 6 months of the completion of resettlement for a Component, a resettlement completion report for each such Component; (c) a summary of government project completion audit of resettlement disbursements and expenditures for each component, true and complete in all material respects, is provided to ADB, promptly following submission of such audit statements; and (d) ADB is promptly advised of any changes in the resettlement impacts. 16. NMG shall cause the relevant Implementing Agency to execute a contract with an independent monitoring agency acceptable to ADB to supervise, monitor and evaluate implementation of each Resettlement Plan, including grievance procedures and resolution of disputed claims for compensation, under terms of reference acceptable to ADB. The services of such a monitoring agency shall extend until two years after the completion of all compensation, resettlement and relocation under such Resettlement Plan. 17. NMG shall, and shall cause each Implementing Agency to ensure that (a) civil works contractors’ specifications include requirements to comply with the Resettlement Plans and entitlements for permanent and temporary impacts on people affected; (b) the civil works and demolition contractors are supervised to ensure compliance with the Resettlement Plan including the requirements to restore land temporarily used during construction, comply with all applicable law, regulations and policy of the Borrower, and ADB’s Policy on Involuntary Resettlement. 18. Each Resettlement Plan shall be updated based on the final detailed design, including detailed measurement surveys, for the respective Component of the Project, and such updated Resettlement Plan shall be submitted to ADB for its concurrence prior to commencement of any related civil works, and disclosed to affected people in accordance with ADB’s applicable information disclosure requirements for resettlement.

Land Acquisition and Resettlement. 2120. 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). 2221. 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. 2149. The BorrowerSPG, DGPC, the concerned Local Governments and DHPC the IAs shall ensure that that: (i) prior to the commencement of construction work, all land and rights-of- of-way required by the Project are be made available in a timely mannermanner in accordance with laws and regulations of the Borrower, including land use approvals and agreements with APs; (ii) any involuntary resettlement will the RPs be avoided or minimized; (iii) implemented promptly and efficiently in collaboration accordance 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) their terms and the provisions of the Resettlement Plan, including compensation and entitlements for affected households and persons, will RPs be implemented; and (v) the Project is implemented in compliance accordance 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, Borrower and ADB’s Policy on Involuntary Resettlement Policy Resettlement; (1995)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. 2250. The Borrower, DGPC, and DHPC IAs shall ensure that (a) sufficient budgetary resources are made available that each RP be updated according to cover all such compensation and associated costs; (b) all such compensation will be paid at the applicable rates final design, including detailed measurement surveys, 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 respective subcomponent of the Project, shall and updated RPs be promptly submitted to ADB for its concurrence prior to award of civil works contracts, and efficiently carried out disclosed to APs in accordance with ADB’s applicable information disclosure requirements for resettlement. 51. The IAs shall ensure that: (i) adequate staff and resources be committed to supervision and internal monitoring of the Resettlement Planimplementation of each subcomponent RP and provide ADB with semi-annual monitoring reports during resettlement implementation and a resettlement completion report for each subcomponent; (ii) an independent agency acceptable to ADB be contracted to carry out monitoring and evaluation, including data disaggregated by gender where applicable, and forward reports to ADB semi-annually; (iii) ADB be promptly advised of any substantial changes in the resettlement impacts and, if necessary, a revised RP be submitted to ADB for its approval; (iv) construction contract specifications include requirements to comply with the RPs and ensure prompt payment and delivery of entitlements to compensate APs for any permanent and temporary Project impacts to APs; and (v) the construction and demolition contractors be supervised to ensure compliance with requirements of the RPs, applicable laws and ADB’s Policy on Involuntary Resettlement.

Land Acquisition and Resettlement. 21. The Borrower, DGPC, and DHPC Borrower shall cause MOTC to ensure that the Project is carried out in accordance with the Borrower's all applicable laws and regulations, ADB's Safeguard Policy Statement (i2009), the LARF and the LARP, including, inter alia, the following provisions: (a) the LARP shall be disclosed to affected persons in accordance with the LARF; (b) the LARP shall be submitted to ADB for review and clearance prior to award of any Works contract; (c) all land and rights-of- rights of way required by the Project are shall be acquired and made available in a timely manner; (d) no physical displacement or economic displacement shall occur and no notice to proceed is issued to relevant Works contractors until: (i) the LARP is finalized, which includes a plan that creates conditions for income and livelihood rehabilitation to help displaced persons; (ii) any involuntary resettlement will compensation at full replacement cost has been paid to each displaced person for relevant Project components or sections that are ready to be avoided or minimizedconstructed; (iii) other entitlements listed in collaboration with the competent authoritiesrelated resettlement plan have been provided to displaced persons; (e) efficient grievance redressal mechanisms shall be in place to assist affected persons resolve queries and complaints, title deeds for the new plots of land will if any, in a timely manner; (f) adequate staff and resources shall be made available to all affected persons by 31 December 2008; (iv) the provisions of the Resettlement Plan, including compensation for supervising 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 monitoring the implementation of the Project as per the Resettlement Plan; LARP; (cg) rates will an independent monitoring agent acceptable to ADB shall be revised by 30 September 2008 engaged to ensure the application carry out external monitoring and evaluation of the actual market price LARP and shall report the entitlement matrix in results to ADB on a semi-annual basis; and (h) if during implementation of the Resettlement Plan should LARP, any changes to the location, land alignment of roads, or additional environmental and/or resettlement impacts are identified, the LARP shall be used in determining the suitable compensation; (d) payments are made in a timely manner, in any case before dispossession updated and beginning of civil works; (e) all people affected prior approval by ADB and 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 relevant government agencies shall be relocated as a consequence obtained before further implementation of the Project, shall be promptly and efficiently carried out in accordance with (i) the Resettlement Plan, andLARP.