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Environmental and Social Management Framework- ditto -Income lossesfor affectedHHB. HOMES/ STRUCTURESFamilies,households,structureownersC. ECONOMIC ASSETSFamilies,householdsD. INCOMELocal HHs Affectedperson,families,householdsCash compensationdetermined byCompensation FixingCommittee on the currentvalue of houses andstructures, in accordancewith the Land Acquisition Actand Land AcquisitionRegulations.Compensation at full replacement cost. Forhouses and structures the market cost of thematerials and labour to build a replacementstructure of a similar quality or better than theaffected structure.Compensation at full replacement cost.Measure to assist affected people in improvingtheir former living standards, income earningcapacity, and production levels, or at leastrestoring them.Cash compensation in accordance to the LandAcquisition Act. To ensure compensation is atreplacement cost, additional resettlementassistance in cash equivalent to coverdepreciation over and above compensationamounts provided.Compensate and replace lost assets at the theirreplacement cost.Compensation for perennial crops and treescalculated as annual net product value multipliedby number of years for new crop to startproducing.Compensation in cash for lost standing crop.Rehabilitation assistance for lost or severedlivelihoods.LocalcommunitiesAffectedcommunities/familiesMeasures to assist impacted communities tore-establish or re-develop lost communityresources.Compensation for re-establishing or reconstructinglost community resources such asreligious and cultural structures.April 2007Chapter 7-5
Environmental and Social Management Framework• Land acquisition and resettlement should be avoided or minimized wherefeasible, exploring all viable alternative project designs.• Options for compensation should be kept open; decision should be made onlyafter project detailed analysis, consultation, and acceptance by the projectaffected families, based on full information being made available to themabout the implications of the various options. In rural areas, land-for-landshould be the preferred option offered to PAPs, and cash compensation inurban areas.• Titleholders who are severely affected through loss of their agricultural landshould be offered a choice of assistance with the identification and purchaseof suitable privately owned cultivation land in the community (if there is nosuitable unallocated replacement land), or cash compensation. They shouldalso be entitled to rehabilitation assistance such as skills training for onehousehold member.• Full compensation for all losses, including land, at current market price shallbe paid promptly before evacuation. In the case of residential land, currentmarket price of similar land or replacement land of equivalent size must beprovided together with transfer arrangements in the case of displacement,and cash compensation in the case of partial loss without displacement.Tenants renting residential land will be compensated in cash and assisted infinding suitable alternative residence.7.3 Eligibility, Entitlement and Valuation7.3.1 EligibilityThe World Bank Policy on Involuntary Resettlement requires compensation forthe lost assets at replacement costs to both titled and non-title holders ( i.e.squatters, encroachers and tenants) and resettlement assistance for lost incomeand livelihoods. In the proposed project, the absence of formal titles will not be abar to resettlement assistance and rehabilitation. Further, the principles adoptedherein contain special measures and assistance for any vulnerable affectedperson (AP). Persons affected by land acquisition, and relocation and/orrehabilitation of structures/assets (businesses, houses, etc.) are entitled to acombination of compensation measures and resettlement assistance, dependingon the nature of ownership rights of lost assets and scope of the impact, includingsocial and economic vulnerability of the affected persons. Thus, the affectedpersons in the project will be entitled to various types of compensation andresettlement assistance that will help in the restoration of their livelihoods, atleast, to the pre-project standards.The cut-off date of eligibility for entitlement is when the census survey iscompleted and when publicly announced. Persons who has encroached the areaafter the given cut-off-date are not entitled to compensation or any other form ofresettlement assistance.During planning and design phase of road construction, efforts will made tominimize impacts on land, people and property and access to resources due toexpansion, rehabilitation or construction of road facilities. However in case whereland acquisition will cause adverse impact on people and property or people’saccess to land or property, the resettlement and cash compensation paymentshall be made in accordance to the World Bank OP 4.12, and GoN’s LandAcquisition Act, 2034 (1977) and Road Act 2031 (1975).For the 21 procedural steps that are described in detail in the GoN LandAcquisition Guidelines, reference is made to Table 3.1 of Chapter 3.Chapter 7-6 April 2007
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Government of NepalMinistry of Phys
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