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• Government Resolution General Administration Department No: EST-102001-830-KH, dt. 08-02-2001
• Minutes of the GSDMA meeting dt. 23/04/2001.
• Minutes of the Cabinet meeting dt. 24/04/2001

Resolution :

On 26th January 2001 an earthquake of 6.9 magnitude on the Richter scale, struck Gujarat causing substantial loss of life and enormous damage to property and infrastructure. Thousands of villages and many towns were severely affected but the four municipal towns of Anjar, Bhuj, Rapar and Bhachau were severely ravaged. 

Government of Gujarat has launched a massive reconstruction and rehabilitation programme to reconstruct the houses and infrastructure. In order to enable people to reconstruct their houses, Government of Gujarat declared five rehabilitation packages earlier for all affected areas other than the four municipal towns of Anjar, Bhuj, Rapar and Bhachau. The nature and extent of damage in these four towns need a special package which will address various issues like relocation, In Situ reconstruction, town planning and infrastructure, striking a fine balance between the needs and wants of those affected.

A policy had to be evolved involving people in a participatory manner, evaluating the different views of various sectors of the affected population, keeping in view international experience and applying it to the present context. A policy, which addresses various issues involved, takes time to evolve synthesizing different views. After due deliberations and careful consideration Government has finalized a package for the municipal towns of Bhuj, Anjar, Bhachau and Rapar.

Objectives :

• Providing adequate opportunities for development of private housing.

• To develop new areas with required infrastructure facilities.

• Provision of modern improved infrastructure facilities in the areas of Health and Sanitation, Roads, Education, Water Supply and Power.

• Introduction of modern town planning system for overall development.

• Restoration and upgradation of places of cultural and heritage importance.

• Restoration and development of community assets.

• Restoration of economic livelihood by various means including setting up of training institutes for skill upgradation/development.

• Reconstruction of settlements with the advice of qualified and experienced Scientists, Geologists, Seismologists, Engineers and town planners.
  

Government of Gujarat is committed to fulfil the objectives by implementing rehabilitation in two phases – (1) short term plan for immediate requirement and (2) medium & long term plan for improved infrastructure facilities with one decade perspective.

Short Term Plan:

• Clearance of debris.

• Restoration of essential infrastructure like water, sewerage, electricity etc.

• Providing technical know-how for design & construction of earthquake resistant buildings.

• Facilitating loan at reduced rate of interest from NHB/HUDCO in addition to the assistance to be provided by the Government.
  

Medium & Long Term Plan:

• Restoration and upgradation of infrastructure. 

• Technical assistance for repair of existing buildings.

• Laying of modern systems of infrastructure.
  

The Implementation Mechanism:

Area Development Authorities:- 

Creation of a new Area Development Authority in each of these towns is being contemplated in view of the need for a new, systematic and coordinated approach to reconstruction of these earthquake ravaged towns. There is need for new and upgraded infrastructure. These authorities would continue for a temporary period of 3-5 years, for the purpose of implementation of overall reconstruction on the basis of Town Development Plan being prepared for each town on the basis of all relevant considerations.

These authorities would be for overall planning, setting out and implementing development regulations and for creation/upgradation of infrastructure. They may levy service charges for the new services provided by them. However, eventually the Municipal Authorities will undertake all municipal services like water, sewerage, health and electricity.

The Authorities will support construction activity, and creation of new infrastructure. Government land could be vested in the Authorities.

They will also facilitate:

• Setting up of a technical cell to assist people for preparing building plans.

• Training engineers to help people to be aware of technical requirements of reconstruction.

• Panel of structural engineers to assist the clearance of building plans.

• Reconstruction and repairs to the maximum extent possible.

• Capacity building of the Municipalities to eventually handle the municipal services.

A well thought out development plan will be formulated including various activities such as :

• Widening of roads to ensure safe access and speedy evacuation. Minimum road line may be decided for the major roads & minor public roads.

• Realignment to be attempted for genuine reasons, interalia traffic – related issues, requirement of a utility, better town planning.

• Inclusion of adequate open spaces.

• Dislocation to be minimised without compromising on safety and accessibility.

• Detailed city surveys carried out will be taken into consideration.

• Loss of Property to be compensated through a combination of financial assistance or providing alternative land.

• Relocation of certain public places like bus-stations, jails, wholesale market, if necessary to avoid congestion.

• Adjoining suitable areas to be included in development plan to allow proper extension of infrastructure to cover new areas.
  

Special Focus on Infrastructure Development: 

The Rehabilitation and Reconstruction Project for the 4 towns, envisages the inclusion of housing and urban infrastructure. Gujarat Urban Development Company (GUDC) will implement the project in two phases.

The first phase corresponds to the preparation of the draft development plan for the four towns of Anjar, Bhuj, Bhachau and Rapar by the Town Planning Department of Gujarat with the assistance of consultants, selected on the basis of competitive bidding in conformity with the requirement of multilateral donor agencies. The second phase contemplates the design& supervision for rehabilitation & reconstruction of urban infrastructure with the support of consultants.

Financial Package For Sustaining The Municipalities:-

• Suspension of Property Tax and other taxes for a year.

• Grant-in-aid to sustain the Municipalities.

Participatory approach:

• Participatory decision making with the involvement of community in the implementation.

• Involvement of NGOs and other voluntary Agencies.

• Involvement of Corporate houses in providing private houses and public infrastructure.
  

Private Housing:-

1. Bhuj 

• The owners of houses which are fully collapsed/to be pulled down in the inner Town will have option for relocation.

• The houses, which might obstruct proper town planning and do not confirm to development regulations, will be relocated.

• The multi-storeyed buildings outside the inner town reconstructed in accordance with the approved plan will lose FSI because of development regulations. Therefore some of the affected families who cannot have their flats reconstructed will be relocated and given plots.

• The existing Jail, Police line and other adjacent public buildings will be relocated.

• The families relocated will be given land in the nearby areas such as areas in the northern part near police line, Rawalwadi area, Mirzapur area, etc.

• The beneficiaries holding less than 100 Sq.m. of land will be offered 100 Sq. m. and those holding more than 100 sq. m. and also flat owners will be offered 125 Sq.m. if they opt for land nearby and 150 Sq.m. in case, they opt for land at a place more than 2 Kms. distance from the inner Town.

• The beneficiaries whose present landholding is more than 125 Sq.m. will have an option to buy additional 25 Sq.m. of land depending upon the availability. It will be at market rate to be decided by the existing District Level Land Prices Committee.

• The land will be allotted by draw of lots with priority to beneficiaries to be relocated on the basis of TP and development regulation.

• Surrender of original plot will be compulsory. The cost of the surrendered land will be calculated on the basis of the existing Jantri.

• The cost of the land allotted to the beneficiary will be the cost of the land as per the existing Jantri plus the development charge at the rate of Rs.300 per Sq.m. If the cost of the land surrendered by the beneficiary is more, the difference will be paid to him on surrender of his land.
  

2. Anjar

• The owners of houses which are fully collapsed/to be pulled down in the inner Town will have option for relocation.

• The houses, which might obstruct proper town planning and do not confirm to development regulations, will be relocated.

• The multi-storeyed buildings outside the inner town reconstructed in accordance with the approved plan will lose FSI because of development regulations. Therefore some of the affected families who cannot have their flats reconstructed will be relocated and given plots.

• Safe land for relocation will be made available in nearby areas like land on the Anjar - Gandhidham road, Varsamedi road etc.

• The beneficiaries holding less than 100 Sq.m. of land will be offered 100 Sq. m. and those holding more than 100 sq. m. and also flat owners will be offered 125 Sq.m. if they opt for land nearby and 150 Sq.m. in case, they opt for land at a place more than 2 Km. distance from the inner Town.

• The beneficiaries whose present landholding is more than 125 Sq.m. will have an option to buy additional 25 Sq.m. of land depending upon the availability. It will be at market rate to be decided by the existing District Level Land Prices Committee. 

• The land will be allotted by draw of lots with priority to beneficiaries to be relocated on the basis of TP and development regulation.

• Surrender of original plot will be compulsory. The cost of the surrendered land will be calculated on the basis of the existing Jantri.

• The cost of the land allotted to the beneficiary will be the cost of the land as per the existing Jantri plus the development charge at the rate of Rs.300 per Sq.m. If the cost of the land surrendered by the beneficiary is more, the difference will be paid to him on surrender of his land.
  

3. Bhachau

• The owners of houses which are fully collapsed/to be pulled down in the inner Town will have option for relocation.

• The houses, which might obstruct proper town planning and do not confirm to development regulations, will be relocated.

• The multi-storeyed buildings outside the inner town reconstructed in accordance with the approved plan will lose FSI because of development regulations. Therefore some of the affected families who cannot have their flats reconstructed will be relocated and given plots.

• There will be mostly In Situ reconstruction except the buildings to be relocated because of town planning and also due to the fact that high rise buildings will not be allowed in that area.

• The beneficiaries holding less than 100 Sq.m. of land will be offered 100 Sq. m. and those holding more than 100 sq. m. and also flat owners will be offered 125 Sq.m. if they opt for land nearby and 150 Sq.m. in case, they opt for land at a place more than 2 Km. distance from the inner Town.

• The beneficiaries whose present landholding is more than 125 Sq.m. will have an option to buy additional 25 Sq.m. of land depending upon the availability. It will be at market rate to be decided by the existing District Level Land Prices Committee. Land for relocation will be offered from the nearby Government or Gauchar land.

• The land will be allotted by draw of lots with priority to beneficiaries to be relocated on the basis of TP and Development Regulation.

• Surrender of original plot will be compulsory. The cost of the surrendered land will be calculated on the basis of the existing Jantri.

• The cost of the land allotted to the beneficiary will be the cost of the land as per the existing Jantri plus the development charge at the rate of Rs.300 per Sq.m. If the cost of the land surrendered by the beneficiary is more, the difference will be paid to him on surrender of his land.
  

4. Rapar

• There will be In Situ rehabilitation.

• Appropriate adjustments in In Situ rehabilitation will be made for better town planning.

Terms and Conditions for assistance in Bhuj, Anjar, Bhachau and Rapar: 

1. The Assistance will be disbursed to the owner of the property.

2. The affected beneficiaries will rebuild the houses. Government will provide technical guidance, material specifications and technical supervision for building earthquake resistant buildings.

3. The assistance will be provided at the rate specified as per the measurement of built up area of damaged house.

4. The measurement of built up area excludes Varandah and other peripheral structures. The Survey Team will conduct the measurement of built up area and the opinion of the team will be treated as final.

5. The occupant who is covered under the Bombay Rent Act (Legal Status) will not be eligible for allotment of land. A separate scheme for private housing for the tenants who cannot be accommodated either due to town planning or due to height of the building will be prepared by UDD to provide houses of about 250 Sq.ft. at designated location. This will be implemented by Gujarat Housing Board/Voluntary Agencies. In this case based on the consent of the tenant, the assistance payable to the owner will get reduced by 25% of the cost of the unit to be given to the tenant.

6. The land and / or financial assistance will be made available to only those who do not own any other liveable residential plot in the same town.

7. Only G+2 and earthquake resistant construction will be permitted. 

8. Unauthorised buildings will be eligible for assistance under the pattern payable to the restricted category. Restricted category for the purposes of this clause means the residential buildings that have been illegally constructed on either Government land/Municipal land. They will be given assistance as per para (3), subject to the condition that they will construct in the areas earmarked for the purpose by Government. The encroached land shall have to be vacated and possession should be handed over to Government. 

9. The residential units of RCC framed structures/load-bearing structures that have totally collapsed/to be pulled down for safety reasons will be given assistance for reconstruction/rehabilitation.

10. 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.

11. As a part of the grievance redressal mechanism the appeal against any order of collector will lie with Special Commissioner, Relief.

Financial Assistance for Private Housing in Bhuj, Anjar, Bhachau and Rapar:

Note:- In case of G5 amount payable will be the existing built up area multiplied by Rs. 3000/- subject to a limit of Rs. 1.5 Lakhs. In case of G1 to G4 categories the upper limit or the damage assessment whichever is lower will be paid. For the purposes of damage assessment and survey in the four municipal towns of Bhuj, Anjar, Bhachau and Rapar, cracks of ½ inch width will be considered as G1, damage up to 10% will be G2, damage up to 25% will be G3, damage above 25% will be G4 and totally collapsed/to be pulled down will be G5.

Loan:

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

Restricted Category:

In order to facilitate the Urban poor have an authorized dwelling unit in the context of overall town planning, for fully collapsed houses assistance will be provided for construction of 25 Sq.m. built up area in the location designated by Government. The assistance will be up to a maximum of Rs. 55,000 at the rate of Rs. 2,200 per Sq.m. for constructing a house at the designated location.

A plot of maximum 50 Sq.m. area will be provided by Government at the designated location.

Assistance to Multi-storeyed Residential Buildings:-
(Low Rise & High Rise Buildings) 

(a) Assistance for Flat holders whose Flats have fully collapsed   (G 5):

• An assistance of Rs. 3000 per Sq.m up to maximum of Rs. 1.5 Lakhs will be provided for a fully collapsed Flat.

(b) Assistance for repair and strengthening (G 2, G 3, G 4):

• For repairing and strengthening of RCC frame structure multi-storeyed buildings (Low Rise* & High Rise*), the scale of assistance will be as per the categorisation of damage caused to the buildings done on the scale of 'G to G5' as shown in Annexure-A.

• The term "*Low Rise" for the purposes of this GR is as per the definition of "Low Rise" contained in the GDCR (General Development Control Regulations sanctioned by Government under Sec.16 of Gujarat Town Planning & Urban Development Act, 1976 dated 29.11.1987), and refers to all those buildings whose plans have been approved as (a) Ground + Three Storeys, or (b) Hollow Plinth + Four Storeys; both subject to a maximum height of 15 meters excluding Water Tank & Stair Cabin room. No building belonging to this category will be treated as "High Rise" merely on account of any other illegal construction, resulting in an increase in either the number of floors or the permissible total height of the building.

• The term "*High Rise" for the purposes of this GR is as per the definition of "High Rise" contained in the GDCR (General Development Control Regulations sanctioned by Government under Sec.16 of Gujarat Town Planning & Urban Development Act, 1976 dated 29.11.1987), and refers to all those buildings whose plans have been approved as (a) more than Ground + Three Storeys, or (b) more than Hollow Plinth + Four Storeys; both subject to a maximum height of 30 meters excluding Water Tank & Stair Cabin room.

• The total amount payable shall be subject to the extent of damage caused to the building and limited to the amounts indicated below: -
  

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 Collector for the areas under his jurisdiction 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 team leader of the survey party in all urban areas will take the signatures of "panchas". 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. For RCC frame structure multi-storeyed buildings, the categorization of damage done by competent authority shall be taken into consideration for grant of financial assistance. 

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

7. 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.

8. 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. 

9. 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.

10. 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 disbursed by an Account Payee Cheque drawn in the name of the Landlord & the tenant jointly. For this purpose the terms “Landlord” and “Tenant” will have the same meanings as are given for the said terms in the Bombay Rents etc. Act – LVII of 1947.

11. 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. Financial assistance will be disbursed to the landlord by an Account Payee Cheque, in the joint account of the Landlord and the Tenant. Landlord will also have to execute an agreement on a stamp paper of appropriate value, for restitution of the tenants’ right of occupation on reconstruction, before the cheque is handed over to the Landlord

12. The houses reconstructed will be registered in the joint name of the husband and wife.

13. The houses for which financial assistance is provided should be insured against fire and other natural calamities.

Mode of Payment

14. All financial assistance for reconstruction/repairs/strengthening will be disbursed in three instalments as under:-

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

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

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

15. The disbursement of assistance for RCC frame structure multi-storeyed residential buildings shall be given only to the office bearers of the Registered Cooperative Housing Society / NTC (Non Trading Corporation) / Association duly authorized by a special resolution passed by general body meeting of the Society / NTC / Association called for this purpose.

16. All payments shall be disbursed by account payee cheque by the concerned Collector / Addl. Collector / Dy. Collector / Mamlatdar as may be authorized by the District Collector.

17. 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 including all earthquake resistant norms and standards.

18. 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 met from provision made under budget head “2245 – Management of Natural Disasters, contingency plans in disaster prone areas” of Financial Year 2001-2002. Funds will be released to concerned district authorities by GSDMA.


The above resolution is brought out as per the approval of the State Cabinet dated 24th April, 2001, and in accordance with the approval of the Finance Department and the Hon’ble Chief Minister on the file of even number.

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


(Dankesh Oza)
Joint Secretary to the Government, 
General Administration Department.

To :

The P. S. to H.E. Governor of Gujarat, Gandhinagar.
The P.S. to Hon'ble Chief Minister, Gujarat.
The P.S. to all Hon'ble Ministers/All Hon'ble State Ministers/All Hon'ble Deputy Ministers.
All Members of Gujarat Legislative Assembly.
The Chief Secretary, Sachivalaya, Gandhinagar.
The Addl. Chief Secretary, Finance Department, Sachivalaya, Gandhinagar.
The Addl. Chief Secretary, General Administration Deptt. Sachivalaya, Gandhinagar.
The Principal Secretary (Expenditure), Finance Deptt., Sachivalaya, Gandhinagar.
The Principal Secretary, Urban Development Deptt. sachivalaya, Gandhinagar.
The Principal secretary, Revenue Deptt. Sachivalaya, gandhinagar.
The Secretary, Panchayat Rural Housing & Rural Development Deptt. Sachivalaya, Gandhinagar.
The Commissioner of Relief & Secretary, Revenue Deptt. Sachivalaya, Gandhinagar.
The Special Commissioner of Relief & Secretary, Revenue Deptt. Sachivalaya, Gandhinagar.
The Director of Relief, Revenue Deptt. Sachivalaya, Gandhinagar.
All Departments of Sachivalaya, Gandhinagar, (with a request to inform concerned Heads of the Department)
All Collectors,
All District Development Authorities,
All Urban Development Authorities,
The Director of Municipalities, Ahmedabad.
The Development Commissioner, Gandhinagar.
All Municipal Commissioner.
The Select File.

ANNEXURE -A

Categorization of R C Framed Buildings damaged in Cities of Gujarat during Earthquake on 26th January 2001