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3. Implementation Arrangements
7. The EMA shall report directly to the EA and carry out its activities in close coordination with the EA
resettlement team and with the land committee of the affected Rayons.
4. Reporting Requirements
8. The EMA is expected to submit to the EA the following deliverables:
• An Action Plan for the monitoring of LARP1 implementation (10 days after contract signing).
• A Final Compliance Report (15 days after the completion of LARP implementation)
9. The EMA shall submit the deliverables in Tajik and English languages in electronic and 3
hard copies along with the cover letter.
5. Modalities of work
10. The EMA will engage in desk and field work and will be required to spend extensive period
in project areas. For surveys and questionnaires the EMC will hire a small team of interviewers
whose composition and members number will have to agreed by the EA.
6. Consultant Qualifications
11. The EA shall engage an individual consultant from NGOs, academic institutions, consulting
firms, or individual resettlement specialists. The Consultant should have prior experience in
conducting external resettlement monitoring or evaluation for development projects. Familiarity
with the ADB Involuntary Resettlement Policy (1995) and the ADB Safeguards Policy update
(2009) is an advantage.
7. Duration of Consulting Services
12. The consultancy service shall start 15 Days before the start of the implementation of the
LARP and shall be concluded 20 days after the end of LARP implementation. As it is expected
that LARP implementation will start at the beginning of March 2011 and end at the beginning of
June 2011 the consultant will be engaged for 5 months (4 months continuously and 1 month on
the intermittent basis).
BUDGET FOR LARPS I AND II
LARP I and LARP II Budget
TOTAL LARP II
LARP I & II
1. Rehabilitation Assistance for
Loss of Land Use Right
a. Cash Allowance
- agricultural Land
- Residential / Commercial Land
b. Preparation for allocated
2. Compensation for Structure
b. Walls and Fences
c. Other structures
3. Compensation for Crop Losses
a. annual crops
b. perennial crops/fruit trees
c. fruit trees at households' plots
4. Compensation for Businesses
a. Allowance for Severely Affected
b. Allowance for Vulnerable APs
c. Relocation allowance
Total compensation Costs
Sum of not finalized design segments
of the road
Contingency 5% LARP I and 20%
THIRD PARTY INSURANCE
Under the construction contract between the Ministry of Transport (the Employer) and the
construction company that will construct the road (the Contractor), the Contractor must provide
insurance policy for damages to persons and property, covering the construction period (36
months) and, in addition, the Defects Notification Period of 24 months.
The total period of insurance is 5 years, but it may be longer or shorter, depending on whether
the Contractor finishes the works before or after the due time. The Contractor’s obligations are
expressed in Sub-Clause 18.3 of the Conditions of Contract, which is reprinted as follows.
Injury to Persons and
Damage to Property
The insuring Party shall insure against each Party’s liability for
any loss, damage, death or bodily injury which may occur to
any physical property (except things insured under Sub-Clause
18.2 [Insurance for Works and Contractor’s Equipment]) or to
any person (except persons insured under Sub-Clause 18.4
[Insurance for Contractor’s Personnel]), which may arise out of
the Contractor’s performance of the Contract and occurring
before the issue of the Performance Certificate.
This insurance shall be for a limit per occurrence of not less
than the amount stated in the Contract Data, with no limit on the
number of occurrences. If an amount is not stated in the
Contract Data, this Sub-Clause shall not apply.
Unless otherwise stated in the Particular Conditions, the
insurances specified in this Sub-Clause:
(a) shall be effected and maintained by the Contractor as
(b) shall be in the joint names of the Parties,
(c) shall be extended to cover liability for all loss and damage
to the Employer’s property (except things insured under
Sub-Clause 18.2) arising out of the Contractor’s
performance of the Contract, and
(d) may however exclude liability to the extent that it arises
the Employer’s right to have the Permanent Works
executed on, over, under, in or through any land, and
to occupy this land for the Permanent Works,
damage which is an unavoidable result of the
Contractor’s obligations to execute the Works and
remedy any defects, and
a cause listed in Sub-Clause 17.3 [Employer’s
Risks], except to the extent that cover is available at
commercially reasonable terms.
Some important aspects of the third party insurance
i. It protects either of the two parties (the Employer or the Contractor, individually, or both
together) against claims for damages that third parties, like local property owners, for
example, may have suffered during, and two years after the construction of the road.
ii. The insurable events include actions of the Contractor and the Employer that have caused
damages or losses to property, as well as physical injuries to persons other than the
Employer’s or Contractor’s personnel. The insurance covers damages caused by direct
physical impact of the Contractor’s equipment, vibration, Contractor’s or Employer’s
design, or by other activities related to the construction of the road.
iii. The Contractor must provide this insurance within 28 days from the commencement of the
iv. The insurance is in the names of both parties. In consequence, a person who suffered
certain damages as a result of an action of the Employer or the Contractor during the
period of insurance (the Claimant) may chose to claim against the Contractor only, or
against the Employer, or against both.
v. The insurance company (the Insurer) may be a local or an international entity.
vi. The terms of insurance may vary, depending on the Insurer. However, a common feature
of all insurance policies is that all claims must be raised as soon as practicable.
vii. In addition, the Employer or the Contractor must notify the Insurer of any potential claim
within the period specified in the insurance policy. The period may be one to two weeks;
rarely does it exceed two weeks.
viii. If the Claimant does not notify the Employer or the Contractor of his or her intention to
claim damages within the period specified in the insurance policy, the insurer may refuse
to pay the claimed damage. In this case, the Claimant, could still seek damages from the
Employer, or the Contractor, or both and if they refuse to pay, the Claimant may take legal
action under the Tajik law. However, this is a long, uncertain and costly procedure in all
countries in the world and it should be used only as the last resort.
ix. The Claimant may address his or her claim for damages to the Contractor, or to the
Employer, or to both of them. Probably the safest way should be to address the notification
of the claim or the claim itself to both Parties.
x. The Claimant may chose to write first a Notice of Claim, immediately after the event which
caused the damage, and then to write a full claim, providing particulars of the damages
and details of the compensation claimed. Alternatively, the Claimant may submit only a
claim. In either case, it is advisable to submit the complete claim not later than 7 days after
the damaging event. While the Notice of Claim is an option, the submission of a detailed
claim is a must.
xi. Once the Employer or the Contractor receive the claim, they have an obligation to notify
the Insurer, which should then send its representatives to verify the Claimant’s allegations,
investigate the causes and assess the damages.
xii. After that the Insurer decides whether the claim is justified, and if so, whether to pay a part
or the entire claim.
xiii. The Insurer will reject the entire claim if it is not justified. Furthermore, the Insurer may
refuse to pay damages, or to pay only a part of a justified claim. This could happen for
many different reasons: if the insured parties did not notify the Insurer of the claim/notice
of claim within the period specified in the insurance policy; or the Contractor or the
Employer were grossly negligent, or the particular damage or a particular action is
excluded from the insurance, etc. In such a case the Contractor or the Employer may still
accept liability for a part or the entire amount of the claimed damages and pay the
difference to the Claimant.
xiv. However, if after the Insurer does not pay a part or the entire claim, and one or both
parties also refuse to pay either the entire claim, and the Claimant believes that his or her
claim is justified, the Claimant may take legal action against either or both parties. It is
essential to note that the Claimant does not have any claim against the Insurer, but only
against one or both parties.
Writing the Claim
xv. The recommended claiming procedure consists of two steps: first, writing a Notice of
Claim and then submitting a claim with all particulars and supporting documents.
xvi. The Claimant should submit a Notice of Claim, immediately after the event which caused
the damage. The notice will enable the Contractor and the Employer to discharge their
obligation to notify the Insurer promptly of a potential claim.
xvii. The notice must provide the essential information of the event: the date, the location, the
name of participants, and the action of the Contractor or the Employer that has caused the
damage. The Claimant must also state that he or she intends to claim damages and will
provide particulars as soon as he or she ascertains the damages. The purpose of the
notice is to inform the Contractor or the Employer of the event until the Claimant assesses
and evaluates in detail the damages and prepares all particulars of the claim.
xviii. If the Claimant can assess the damages immediately after it has occurred, he or she may
chose to submit a claim without writing any notice. In this case, the Claimant should
submit the claim as soon as practicable, but not later than, say, 7 calendar days after the
xix. In the Claim, the Claimant should provide detailed information of the event, the supporting
documents, such as witness statements, certificates from Hukumats, if any, and it must
state the claimed amount of damages.
Grievances procedure if the Claim is refused
xx. If the Insurer refuses to pay the entire or a part of the amount claimed, the Claimant, may
still be entitled to the full amount of the claimed damages from the Contractor or the
xxi. If the Contractor or the Employer, too, refuse to pay a part or the entire amount of
damages to which the Claimant believes to be entitled, the Claimant may sue the
Contractor, or the Employer, or both.
REVISED STRIP MAP, LARP I AND LARP II
LARP Phase I - comprises only the four segments of the Site agreed during the video conference of 15 December 2010
between ADB, MOTC and the Consultants. For all four segments, the road centerline was finalized in November 2010.
The short sections of the road for which the centerline was finalized are excluded from LARP Phase I. For such sections,
the Consultant will do preparatory work and include a detailed resettlement information in an Annex to LARP Phase I, or
in a separate report.
LARP Phase II - will cover the remaining parts of the Site.
Site Handing Over Stages
(Stage 1 does not involve any land acquisition)
Stage 2 - the Site for construction to be given to the Contractor 60 days after the Commencement Date
Stage 3 - the Site for construction to be given to the Contractor 9 months after the Commencement Date
REVISED STRIP MAP, LARP - Phases I and II
Stage 1 - involves giving the Contractor access to the entire site for topographic survey and site engineering investigation only.
ORIGINAL AND TRANSLATION OF THE LETTER FROM HISOR DISTRICT
AUTHORITY ON REPLACEMENT PLOTS AND RELOCATION SUPPORT TO THE
Translation of the letter of Executive Government of Hisor district:
Republic of Tajikistan
Chairman of Hisor district
To: Ministry of Transport of the Republic of Tajikistan
Executive Government of Hisor district informs you that according to the ‘Dushanbe –
Uzbekistan border road improvement’ project Ibronov Halim resident of Gairatobod
village of Khonaqoh jamoat, Mansurov Khursand resident of village Dehi Nav of Mirzo-
Rizo jamoat and shop of Qodirov Abdusattor located in Shurob village of Khonaqoh
jamoat, will be highly affected and remain without sufficient space to rebuild their
houses and shop. Above mentioned affected persons will receive already allocated land
for the construction of residential buildings and shop, All the necessary facilities such
as road, electricity line, drinking water (water pumping wells) and septic pits will be
provided. Overall costs of the mentioned facilities constitute 3600 Somoni that will be
given to each household.
1. Drinking water pumping well – 1350 Somoni
2. Electricity line
- 900 Somoni
Information about location and area of land plots for construction of residential buildings
and shop was provided to the affected persons, Ibronov H., Mansurov Kh. and Qodirov
A. and their acceptance received. Written acceptance of the affected persons received
and attached to this letter.
First deputy of Chairman of Hisor district Government Mr. A. Hafizov signed and
JAMOAT INFORMATION LETTER AND ACCEPTANCE NOTE OF THE AP FOR THE
LOCATIONS OF THE REPLACEMENT PLOTS
Translation of informational letter of Chief of jamoat of Khonaqoh.
Republic of Tajikistan
Shurobi Avghon village
To: Mr. Solehov B. T.
Chairman of Hisor district
It is to inform you that Mr. Ibronov Halim whose house and residential plot is affected by
the Dushanbe – Uzbekistan border road improvement project, will be provided with
residential plot in Khirmanak village from the residential plots land resources.
Chief of jamoat of Khonaqoh M. Safarov signed and stamped.
Noted and signed by Mansurov Khursandmurod on 10
I am resident of Dehi nav village of jamoat Mirzo-Rizo. My residential building and household
plot is affected by Dushanbe – Uzbekistan border road improvement project. I am aware that
the Government has allocated land plot for me. I am happy and have no objection. Written and
signed by my own.
Noted and signed by Ibronov H. on 14
I Ibronov Halim would like to note that Dushanbe – Uzbekistan border road improvement project
is affecting my residential building and plot. I request Khonaqoh jamoat to provide me with
residential plot. Written and signed by my own.
Abstract summaries of the acceptance notes:
Noted and signed by Qodirov A. on 15
I would like to inform you that because of the Dushanbe – Uzbekistan border road improvement
project, my shop which is located on the road side, is affected. I am aware that Government of
Hisor district has allocated for me to construct a new shop. This note is written and signed by
ORIGINAL CONFIRMATION LETTERS OF DISTRICTS GOVERNMENTS TO THE
MINISTRY OF TRANSPORT ON DECISION TAKEN FOR BUSINESS LOSSES
Districts government authorities of Tursuzade and Hisor state in the following letters that
regardless of the business type and size, owners will receive compensation.
Local authorities of each district emphasized this decision by providing letter to the Ministry of
Transport stating that all kind of businesses whether registered or is running informally, will
receive compensation entitlements as per the calculations provided. Original scanned copies of
the district government authorities’ letters are attached bellow.
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