Environmental & Social Management Framework - About ...

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Environmental and Social Management Framework7.3.2 Entitlement FrameworkThe project will affect property owners and occupants, their dependents andcommunity groups through acquisition of private and community assets. TheEntitlement Policy accordingly specifies compensation and/or rehabilitationmeasures for two units of entitlement; individuals (i.e. affected individuals andtheir households) and groups. Entitlements for each type of APs are based on thetypes and levels of losses. Details on the entitlement framework by type of lossand entitlement unit are shown in Table 7.2.In Nepal, the following types of entitlement practices exist 1 :Those who have formal legal rights to land (including tenancy, customary andtraditional rights recognized under the Land Related Act, 2021 (1964) will receive:• In case of tenancy land, 50 percent of the evaluated amount (value ofthe affected land) will go to the owner and 50 percent is paid to thetenant.• Those who do not have formal legal rights to land at the time of thecensus begins but have a recognizable legal right or claim to suchland or assets. They are the persons waiting for the Land Certificate(“Lal Purja”) to be approved by the District authority but who havedocuments to prove as such. They are all entitled to full compensationat replacement cost.• Those who occupy land temporarily or on a leased-basis allocated tothem by the individual, community and any private or publicorganization with the written permission or signed contract.Entitlement will be provided according to the lease arrangement.• Those who have no recognizable legal rights or claim to the land theyare occupying i.e. squatters, ownerships under dispute etc. GoN lawsand regulations do not provide any compensation to this category.However, with an assumption that people of this category are poorand vulnerable, the Project will compensate for the loss of crops atmarket prices and structures at full replacement cost. For poor andvulnerable affected persons who have no other land, the Project willsuggest to allocate land and provide temporary or lease land rights tothem as well as relocation allowances and rehabilitation measures.Landless PAP will not be displaced until the project provides land oralternatives for the poor and vulnerable.• Guthi, Public or Community Land Area can also be subject to loss ofland due to the Project. If the recovered land belongs to the Guthi itwill be treated according to the Guthi Corporation Act, 2033 (seeCh.3). . On public and community land, the Project will relocate theland or pay cash compensation on consensus basis.1 Currently there is a new Resettlement Policy discussed in the NPC which may cause, whenapproved, some changes in the presented Entitlement Matrix.April 2007 Chapter 7-7
Environmental and Social Management FrameworkTable 7.2: Entitlement MatrixType ofLossEntitlement Unit Description of Entitlement /Compensation Policy Implementation issues/procedures1. Agricultural, Residential, Commercial, Pasture and Forestry Land1.1 Loss of • TitleholderPrivate Landunder anyform oftenure• Encroacher/ Squatter onpublic land1.2 Loss ofTenancyLand1.3 Loss ofGuthi(Trust)Land)1.4TemporaryLoss ofPrivate Land• Landlord and Tenant bya written agreement(That is yet in practiceand to be processed asper 2058 B.S.amendment in LandReform Act).• Renter/lease holderEntitled Person/ institutionsand tenant in accordancewith the Guthi CorporationAct 2033.TitleholderTenants and landlord (Asboth are the owner of equal(i.e. 50 %) share, hencetreated as private land1. Provide compensation at full replacement cost, or2. Provide full title to land of equal area and productivity acceptable to owner inthe vicinity.3. If land is not available elsewhere then provide cash compensation at fullreplacement cost based on current market rate or Government rate whichever is higher.4. In case of vulnerable groups preference should be to replace land for land5. Squatter/encroacher cultivating the effected land for at least three years priorto the cut-off date will be entitled to allocation of land if ailani or othergovernment land is available. However illegal occupants after the cut-off datedo not qualify for compensation for land losses.6. Resettlement assistance in lieu of compensation for land occupied (land, otherassets, employment) at least restore their livelihoods and standards of livingto pre-displacement levels.7. In the case of farmland, the AP will be entitled the cultivation disruptionallowance equal to one-year production.1. Both the landlord & the tenant will be entitled for 50 percent of landcompensation amount each (As per 2058 B.S. amendment in Land ReformAct) .2. Non-registered tenant/renter/lease holder does not qualify for compensationfor land losses; however they will be entitled to compensation for crops.As per Guthi Corporation Act, 20331. Compensation for crop, land productivity and other property losses for theduration of temporary occupation.2. Compensation for other disturbances & damages caused to property.3. Or, Contractor to negotiate a contract agreement on the rental rate with theowner for temporary acquisition of land.• A List of available ailani land in each affected VDC isrequired• A list of affected and entitled persons and the area of landloss is required• Notice to vacate will be served at least 35 days prior toacquisition date.• If any owner having significant impact receives cashcompensation for farmland and purchases replacementfarmland within 1 year from the date of receivingcompensation, all related land registration fees, taxes andduties will be borne by the project.• Case-wise compensation will be either by cash or cheque,depending on the owner’s preferences.• To ensure fair compensation, determination of rates willbe established not more than one year prior to propertyacquisition.• Where a renter/leaseholder has a sharecroppingarrangement, the compensation payable should beapportioned according to the arrangement.• The owner/entitled party will sign a temporary occupationcontract specifying:‣ Period of occupancy,‣ The terms and conditions for calculation ofproduction losses,Chapter 7-8 April 2007
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