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RHD Operational Procedure Technical Services Wing
 
Social and Environment - Re-settlement Division
 
OP/SE/2.4 - Entitlement Loss Assessment
 
Purpose and Scope :

This procedure describes the process of assessing the loss of entitlements at the time of Land Acquisition (LA) and the evacuation of the user or owners from the land for the purpose of RHD construction and infrastructure development projects.

The main elements of assessing the loss of entitlements are to identify PAPs and make an inventory of affected land, structures, trees, etc on the LA planned area/alignment and to ensure the appropriate compensations to the PAPs so that they can resettle and restore their lost livelihood at least to a pre-project level on legal, humanitarian and social grounds.

The scope of the Entitlement Loss Assessment (ELA) is limited to a few items only (land, structures, standing crop, pond-fish and tree) under recorded price and concise compensation rate if the project is entirely funded by the Government of Bangladesh.

The scope of loss of entitlement assessment is wider and appropriate when the project's main investment comes from international sources/donors.
 
Definitions :

Entitlement Loss Assessment (ELA) - is the process of preparing an inventory of the losses that will be incurred by the users or owners of land to be acquired for construction purposes under RHD projects. This loss includes land (any type and any nature), structures (living, commercial, business, religious, community, etc), standing crop, fish and tree (fruit bearing and timber). ELA should also include the cost of temporary or permanent transfer from an original location to a new location.

Loss of entitlement is the loss of legal ownership or legal right and usufruct or easement and social right on the land, properties, facilities, income, employment, livelihood, etc. by the owners and users caused by Land Acquisition for obtaining Right of Way for RHD.

Loss of entitlement covers a broad range. It does not only consider legally affected people and their legal properties but it also considers the affected people and families whose homesteads, business and place of work, etc, are located on illegally or informally occupied land. Entitlement losses may be for permanent or for temporary loss

Squatters and Slum dwellers living on pre-acquisition land of RHD, or an Uthulee who is residing on others (privately owned) land, come under the purview of Loss of Entitlement on humanitarian grounds if areas are earmarked for the right of ways.
 
Responsibility :

Additional Chief Engineer - Technical Services Wing (ACE-TSW) - Responsible for the overall approval of the final draft of the report prepared by the Re-settlement Division. S/he is responsible for overall management of loss of entitlement, implementation of land acquisition and re-settlement issues.

Superintending Engineer - Social & Environment Circle (SE-SEC) - Acts as the co-ordinator in preparing and receiving approval from the Technical Services Wing, Chief Engineer of RHD. Responsible for review and checking have consolidated monitoring reports on ELA, before submission to ACE and CE for further action or approval.

Executive Engineer - Re-settlement Division (EE-RD) - Responsible for assisting SE-SEC in respect of monitoring and assessing Entitlement Loss under different Projects, to ensure standard Re-settlement Compensation packages are being awarded to all PAPs, without discrimination. Based on monthly progress reports from the field, responsible for overall monitoring of the performance of NGOs, PVAT, GRC and LPC in respect of assessment of entitlement losses of EPs and Awardees and reporting to SE-SEC. Responsible to maintain close liaison with Estates and Land Records and Acquisition Divisions.
 
Method :

Conduct socio-economic surveys, make an inventory of affected population and their properties (both movable and immovable) and carry out Video Films of affected properties on land acquisition and RoWs areas.

Conduct Joint Verification Surveys to assess the entitlement losses of each Awardees or EPs.

Monitor the performance of DCs and NGOs in their work of assessing entitlement losses of Awardees or EPs.

Assess the re-settlement/entitled losses budget for payment against losses of Awardees or EPs to be paid by DC and NGO/RHD respectively.

Management of the Re-settlement losses and also restoration of losses of entitled persons under the process followed by Donors.
 
References :

RHD Guidelines on Land Acquisition and Re-settlement (under preparation).

ADB Summary of the Handbook on Re-settlement - A Guide to Good Practice, 1998.

The WB Operational Manual - Operational Directives 4.30, June 1990.
 
Procedure Flowchart :

The procedure flowchart for this procedure is detailed below -
 


 


 

 

For duties associated with each grade of personnel see

 

Updated on : 1/12/2003

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