Resettlement policy framework and specific resettlement action plan

Legal and regulatory responsibilities of institutions responsible for implementation of resettlement measures

The procedures, functions, and powers of organizations responsible for implementation and observation of procedures for land acquisition for purposes other than agriculture and forestry, are established by RCM No. 248 of 27 May, 1992.
The regional land acquisition commission, established by a decision of the regional khokim: (i) determines the location of constructions and facilities foreseen by the Project; (ii) selects land plots for construction; (iii) prepares and approves Certificates of agreement on land acquisition; (iv) approves Certificates of the right to land use of the plot, with indications of the area of crop land acquired, agreed conditions and total value of losses of agricultural production. The commission, along with permanent members, shall also include representatives or enterprises and/or organizations, to which the plots are being allocated for construction of facilities (HGME), and organizations (farms) from which the plots are being acquired.
Department of Hydro-Geological Meliorative Expedition (HGME). HGME within the district khokimiyat is the main implementing agency, whose functions include: (i) assessing the losses of land being incurred by landowners and land-users, as well as losses of agricultural production; (ii) defining the extents and methods of restoration of land for farming activity, including removal and temporary storage of topsoil; (iii) defining, if applicable, the sanitary and water-protection zones around buildings to be constructed and the rules and restrictions to be followed within such perimeters; (iv) elaborating proposals for compensation with an equivalent surface of land of the same or better quality in other areas in consultation with citizens; (v) in case of permanent acquisition of irrigated lands, estimating the requirements and cost for the reclamation of replacement lands; (vi) approving the Certificate of landmarking with an attached plan; and (vii) amending the official documents confirming the right to ownership or the right for land use, and other land and cadastre documents as per changes in land use and land ownership resulting from acquisition of land plots.
Losses of agricultural production are assessed by an evaluation commission, constituted by instruction of the head of district khokim, along with the determination of losses incurred by landowners and land-users resulting from acquisition of land for public needs, based on the information, provided by the design institute which has developed the planning for land acquisition. The findings of the evaluation commission are formalized in the form of the Certificate of the right to land use, specifying the area of agricultural lands acquired, the agreed conditions and the total value of the losses of agricultural production.
The Nature Protection Department: (i) carries out the environmental examination of the negative effects of facilities being commissioned or technologies being introduced; (ii) approves the location of facilities having negative effects on soil condition; (iii) develops measures aimed at land preservation during location, design, construction and putting into operation of new and reconstructed facilities, constructions and structures, as well as when introducing new technologies that have negative effects on the condition of lands; (iv) approves the Certificate of agreement to land acquisition.
State departments of sanitary and fire supervision, water resources departments approve the Certificate of agreement for land acquisition.

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