• Revenue Department Resolution No. XLS-162001-207-(4)-s.3
• General Administration Department Resolution No. EST - 102001 - 830-KH, dtd.8-02-2001,
• Minutes of Cabinet Meeting dated 13-02-2001.

Resolution :

On 26th January, the state of Gujarat was hit by an earthquake of a magnitude of 6.9 on the Richter scale according to IMD (US Geological Survey has put the magnitude at 7.7) causing colossal damage to life and property. 

The State Government has taken up the task of rehabilitation and reconstruction to resettle and provide shelter to the severely affected population. In order to enable those who were rendered homeless, the Government intends to assist them to re-build their houses and provide other infra-structural facilities in the affected areas, with the active support and co-operation of Industrial Houses, Voluntary Organizations, Public Sector Enterprises, other State Governments, National & International Institutions. 

The State Government had constituted a task force which formulated a package for rehabilitation and re-construction. Government desires to alleviate the hardship of the affected people, and enable them to reconstruct their houses, through the following packages. 

The rehabilitation programme is not by way of compensation for loss undergone, but an earnest effort to provide succour and assistance. The rehabilitation programme has been evolved, in the form of four different packages and has finalized by the Gujarat State Disaster Management Authority and submitted to the State Cabinet for its approval. The Cabinet after full deliberation and due consideration has approved the packages.

The package No.4-B declared by the State Govt. relates to the Load Bearing Structure Buildings in Corporation areas, UDA areas(in Ahmedabad the Urban Agglomeration area), cities & towns in the State (other than Bhuj, Bhachau, Rapar and Anjar in the Kutch District), which is as under :

Package No. 4B

1. Financial Assistance for collapsed/demolished buildings

The residents of Load-Bearing structure buildings that are totally destroyed or have been pulled down for safety reasons by the Municipal/Urban Development Authorities/ State Government Authorities in the municipal corporation areas and in the Urban Development Authorities Areas( in the case of Ahmedabad, the Urban Agglomeration area defined in the 1991 Census), & in the Cities & Towns will be given financial assistance for reconstruction/rehabilitation, as under, subject to the following condition:

“Those who own any other house anywhere in their own name or in the name of their dependents, and such house/or houses is/are not occupied by a member of the Joint Family shall not be eligible for this assistance”

Scale of Assistance for Individuals 

Assistance at the rate of Rs.2800/- per Sq.Mtr upto a maximum built-up area of 50 sq.mtrs., subject to a maximum of Rs.1.40 Lakhs. However, in the Restricted Category* as defined hereinafter, the extent of individual assistance will be limited to 40 Sq.Mts only, at the rate of Rs.2800/- per Sq.Mt, subject to a maximum of Rs.1,12,000. Provided further that the total assistance shall in no case exceed 60% of the damage caused to the property

*Restricted Category for the purposes of this clause means the residents of those buildings that have been illegally constructed on either Government Land/ Municipal Land or Land declared surplus & whose possession has been taken over by Government under the provisions of the Urban Land Ceiling Act.

The owner-occupants of such collapsed buildings will be eligible for loan as per Reserve Bank guidelines for earthquake-affected people.

2. Assistance to Demolished Huts

Completely collapsed huts will be given financial assistance of upto a maximum of Rs.2000/-

3. Scale of assistance for Repairs & Structural Strengthening of low rise, load bearing residential buildings

Instructions for survey, and Eligibility criteria for assistance.

1. Survey teams for the assessment of damage and categorization of damage shall be formed by the District Collectors for the areas under their respective jurisdictions comprising of a representative from NGO / Professional Body, an Engineer from State Govt. and a representative from Revenue Department in all the urban areas. 

2. Survey sheets shall be developed for the proper assessment of damage caused to the buildings and used by the Survey Teams for assessing the extent of damage and its categorization.

3. Survey sheets shall be filled in presence of “panchas” and the signatures of “panchas” will be taken by the team leader of the survey party in all urban areas. The technical team may or may not agree to the amount of damage shown in the panchnama. In case of disagreement about the extent of damage to the building, the team leader shall record his technical observation about the extent of damage. 

4. The photographs of the damaged/collapsed house/building showing clearly the damaged portions shall be taken at the time of survey and kept on record. The signature of the affected beneficiary will be taken, if present at the time of assessment of damage, with an undertaking that the amount of assistance that will be given to him will be exclusively utilized for the repairs / strengthening / reconstruction of the house / flat.

5. If the beneficiary desires to have loan, the amount of loan required should be mentioned in the survey form.

6. The survey forms duly filled in and stating the opinion of the survey teams will be deposited with the District Collector or a Revenue Officer authorized by him in this behalf.

7. Any person who is a owner of a house or a flat as defined by Section 2(a) of the Gujarat Ownership Flat Act,1971 or an apartment owner as defined by Section 2(f) of the said Act will be eligible for financial assistance for one residential unit only, that was in his own occupancy at the time of the Earthquake. 

8. No person falling within the definition of “promoter” as defined in Sec.2( C ) of Gujarat Ownership Flat Act,1971 shall be eligible for this assistance, irrespective of his owning or occupying a flat/house in the collapsed/demolished building.

9. In cases where the tenant was in occupation of the building damaged, the amount of financial assistance for the repairs of the dwelling units shall be given to the tenant for the dwelling units as defined under the Bombay Rents,etc.Act – LVII of 1947.

10. In cases where the dwelling unit occupied by a tenant has collapsed or has been pulled down by authorities, the landlord will be given the financial assistance subject to the condition of putting back the tenant in possession soon after reconstruction.

11. In cases where the residential unit was being utilized for any non-residential purposes - such as dispensaries, offices, shops, tuition classes, computer classes, nursing homes, etc. - no assistance shall be given to the owner/occupier of such units.

Mode of Payment

12. All financial assistance for reconstruction/repairs/strengthening will be disbursed in three installments, as under:-

• First installment of 40% of the assistance will be disbursed as mobilization money as soon as assistance is sanctioned;

• Second installment of 40% of assistance shall be given on completion of 50% of the repairs/ reconstruction till lintel level;

• Third installment of 20% shall be given on completion of the repair/ reconstruction.

13. The disbursement of assistance in the case of multi-member residential building shall be given only to the office bearers of the registered cooperative housing society / NTC / Association duly authorized by a special resolution passed by general body meeting of the Society / NTC / Association called for this purpose.

14. All payments shall be disbursed by account payee cheque by the concerned Collector / SDM / Mamlatdar as may be authorized by the District Collector.

15. While constructing a new house / flat / building, all the building regulations, prevalent I.S. Codes for construction, and by-laws shall have to be strictly followed.

16. The interpretation of any of the provisions of this Government Resolution shall lie with the State Government, and the Government’s decision shall be considered as final. 
    

All the expenditure will be booked under the major head : 2245 – Natural Calamities and Relief, Major Head : (2) Flood and Cyclone.


The above resolution is issued under the orders of the State Cabinet, and in accordance with the approval of the Finance Department and the Hon’ble Chief Minister.



By order and in the name of the Governor of Gujarat.



(S. N. Dave)
Joint Secretary to the Government of Gujarat
Revenue Department.