CE 403: Socio-economic Aspects of

Development Projects

Dr. Provat K. Saha

Meeting: 23/11/2021

Dr. Md. Mujibur Rahman

 Social Action Plan
Case Study:
Padma Multipurpose Bridge Project

Chapter 4: OVERVIEW OF LEGISLATION

AND POLICIES
Dr. Md. Mujibur Rahman
Chapter 4: OVERVIEW OF
LEGISLATION AND POLICIES

4.1 Relevant GOB legislation on land acquisition

4.2 Co-financier Safeguard Policies
4.3 Harmonization of policies
4.4 Resettlement policy framework

Dr. Md. Mujibur Rahman

4.1 Relevant GOB legislation on land acquisition
Basic Legal Basis: The Acquisition and Requisition of Immovable Property
Ordinance 1982
(Ordinance II of 1982)

https://www.bwdb.gov.bd/archiv
e/pdf/219.pdf

Dr. Md. Mujibur Rahman

4.1 Relevant GOB legislation on land acquisition
The Acquisition and Requisition of Immovable Property Ordinance 1982
(Ordinance II of 1982)

• Compensation: for land , structure, trees and crops on the land

• Ownership: supported by records (deeds, title or agreements)
• Compensation Amount = market value + 50% premium on the assessed value

Who deals with this:

Ministry of Land
Commissioner /Deputy Commissioner

Calculation of the market value of property:

Registrar (land)
Public Works Department (structures)
Divisional Forest Offices (for trees)
Department of Agricultural (Crops)
Department of Fisheries (for fish stock).

Dr. Md. Mujibur Rahman

 4.1 Relevant GOB legislation on land acquisition
Other related laws/acts:

• The East Bengal State Acquisition and Tenancy Act, 1951

- defines the ownership and right of use of alluvion and diluvian land

• The Padma Multipurpose Bridge Project (Land Acquisition) Act 2009

- promulgated to refuse any fraudulent claim for compensation of land or structures
- Video filming the right-of-way is a provision of the law to ensure compensation for
genuine losses only.

Dr. Md. Mujibur Rahman

4.1 Relevant GOB legislation on land acquisition
Inadequacies of GOB legislation regarding land acquisition and resettlement

• 1982 Ordinance II does not cover persons without title or

ownership record (e.g., informal settler, informal tenants)
• Market value of property is based on registered price which
is lower than the actual market price
• The act does not have provisions for resettlement of affected
households/businesses

National Constitution:
- Article 40: supports requirement for supplementary measures for affected people
- Article 42: No law with provision for compensation for acquisition of land can be
challenged in a court on the grounds that such compensation has been inadequate.

Dr. Md. Mujibur Rahman

4.2 Co-financier Safeguard Policies
World Bank Operational Policies
(OP 4.12 on Involuntary Resettlement )

The Asian Development Bank (ADB) Safeguard Policies

(SPS-2 on Involuntary Resettlement )

Japan International Cooperation Agency (JICA)

Islamic Development Bank IDB

Dr. Md. Mujibur Rahman

4.2 Co-financier Safeguard Policies
World Bank Operational Policies require
- social screening
- impact assessment,
- public consultation and participation
to ensure that projects in which it invests are implemented in a socially responsible
manner.

OP 4.12 on Involuntary Resettlement

- Involuntary resettlement should be avoided where feasible, or minimized
- Affected persons should be meaningfully consulted
- Affected persons should be assisted in their efforts to improve their livelihoods and
standards of living or at least to restore them to pre-project levels or to levels prior
to the beginning of project implementation.

Dr. Md. Mujibur Rahman

4.2 Co-financier Safeguard Policies
The Asian Development Bank (ADB) Safeguard Policies

Summary Safeguard Policy for Involuntary Resettlement principles (SPS-2)

• Resettlement screening and social assessment

• Consultation and participation
• Livelihood restoration
• Assisted relocation: All relocation of displaced persons will be at project cost
• Land title: Displaced persons without titles to land or any recognizable legal rights
to land are eligible for resettlement assistance and compensation for loss of non-land
assets
• Resettlement plan
• Disclosure
• Monitoring and evaluation

Dr. Md. Mujibur Rahman

 4.2 Co-financier Safeguard Policies
Japan International Cooperation Agency (JICA)

• A wide range of social impacts should be addressed.

• Measures for social consideration should be applied from an early stage until the
monitoring stage.
• Accountability and transparency should be ensured during the entire process.
• Stakeholders‟ opinions should play a prominent role in the decision-making process.
• Information should be disclosed in consultation with the project proponent.
• The capacity of organizations involved in environmental and social operations should be
enhanced.
• Prompt implementation.

Dr. Md. Mujibur Rahman

 4.3 Harmonization of policies
• 1982 Ordinance II + financiers safeguard policies
• Harmonized policy forms the basis for the preparation of Resettlement
Action Plans

Dr. Md. Mujibur Rahman

4.4 Resettlement policy framework
4.4.1 Resettlement policy and principles
4.4.2 Eligibility criteria
4.4.3 Valuation of assets

Dr. Md. Mujibur Rahman

4.4.1 Resettlement policy and principles
Resettlement policy framework for the PMBP has been designed
(a) cover all affected persons/households irrespective of titles to land
(b) compensate for lost assets
(c) restore or enhance the livelihoods of all categories of affected
persons.

Dr. Md. Mujibur Rahman

4.4.1Resettlement policy framework
PMBP Project Resettlement Framework

(1) Affected persons will receive replacement value of land and other assets before relocation
(2) Owners of residential/commercial units will be compensated at replacement costs.
Renters/leaseholders affected by loss of living quarters or commercial premises will receive
compensation and resettlement benefits due to loss of income or dislocation.

(3) Affected community structures or physical cultural resources will be rebuilt or replaced at
market prices under project supervision.

(4) Affected people will receive assistance to re-establish lost assets or

(5) The needs of women and vulnerable groups will be identified, and provisions made for
social and economic development support, employment, and means of subsistence to
improve their status/livelihoods.

Dr. Md. Mujibur Rahman

4.4.1 Resettlement policy framework
PMBP Project Resettlement Framework

(6) Resettlement sites will be developed by the project with civic amenities to resettle
affected people, particularly those losing homesteads and business structures in the proximity
of their original villages.

(7) BBA/resettlement implementing NGO will assist affected people and business-
owners/operators – both directly and indirectly affected – in all aspects.

(8) BBA will guide, supervise, and monitor land acquisition, compensation payment, and
resettlement of the PAPs, including grievance redress and resolution of disputed claims for
compensation/resettlement benefits.

(9) Grievance Redress Committees (GRCs) will be formed to ensure participation, and
speedy out-of-court settlement of as many disputes as possible.

(10) Independent third-party monitoring by an external monitoring agency contracted to

monitor resettlement operations and outcomes evaluation.

Dr. Md. Mujibur Rahman

4.4.2 Eligibility criteria
• Compensation boundary:
project right-of-way land proposed for acquisition

• What are within the project right-of-way land:

Determined by Census survey and satellite images

• Cut-off date
Eligibility for compensation and resettlement assistance will be limited by a cut-
off date (COD).

Will be refused compensation for fake structures erected on project

right-of-way with the aim to claim compensation

Dr. Md. Mujibur Rahman

4.4.3 Valuation of assets
Who: Deputy Commissioner (DC) and Valuation Advisory Committee (PVAC)

How: determine market value based on Govt. Record (1982 Ordinance)

Calculation of the market value of property:
Registrar (land)
Public Works Department (structures)
Divisional Forest Offices (for trees)
Department of Agricultural (Crops)
Department of Fisheries (for fish stock).

Replacement value determined by : Independent Agency/ Property

Valuation Advisory Committee (PVAC) constituted by BBA with
representatives from BBA, concerned DC office, upazia and PWD

Dr. Md. Mujibur Rahman