Package No. 4 - A

EARTHQUAKE –2001 Rehabilitation Package No. 4-A For earthquake affected.

Read with :

• 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-A declared by the State Government relates to the RCC(Reinforced Cement Concrete) Frame Structure, Non-Multistoried Buildings & Multi-Storied Buildings (Low Rise & High Rise) for urban areas including Corporattion, UDA areas, Municipal Towns including municipalities, in the State (other than Bhuj, Bhachau, Rapar and Anjar in the Kutch District), which is as under :

Package No. 4 - A

1. Financial Assistance for collapsed/demolished buildings

The residents of RCC Frame 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 and in Municipal cities and 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.3500/- per Sq.Mtr upto a maximum built-up area of 50 sq.mtrs., subject to a maximum of Rs.1.75 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.3500/- per Sq.Mt, subject to a maximum of Rs.1,40,000.

*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.

If area of the collapsed/demolished house was less than 50/40 Sq.Mts( as applicable), the amount of assistance will be restricted to the actual area.

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

2. Assistance for Repairs & Structural Strengthening of damaged (i) Non-Multi Storied &(ii) Multi-Storied buildings ( Low Rise & High Rise)

(i) Assistance to Non-Multi Storied Residential RCC Structures

(i) Assistance To Multi-storeyed Residential Buildings 
   (Low Rise & High Rise Buildings in the categories G2-G4)

For repairing and strengthening of RCC frame structure multi-storied buildings (Low Rise* & High Rise) the scale of assistance will be as per the categorization of damage caused to the building done on the scale of ‘0 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 metres, 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 as (b) more than Hollow Plinth + Four Storeys; both being above the height of 15 metres and subject 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 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. For RCC frame structure multistoried buildings in the City of Ahmedabad and AUDA, the categorization of damage done through CEPT( Centre for Environmental Planning & Technology), shall be taken into consideration for grant of financial assistance. 

6. For G-2 category of damage, based on the damage assessment report of CEPT a team consisting of an officer of the Revenue Department and the State Government Engineer, will visit the site and draw up panchnama and undertaking as laid down in (d) above in this GR and determine the payment to be made as per the scale laid down, and submit the case to the Collector to release the payment.

7. For G-3 and G-4 categories of damage, based on the damage assessment got carried out by CEPT, a team consisting of a State Government Engineer, an officer of the Revenue department and a representative of the NGO will visit the site of damage to determine the assistance to be paid as per the Government policy. This team will also have the photograph taken, panchnama prepared and also the undertaking of the flat owner, taken as prescribed at (d) above and submit the case to the Collector for release of payment as laid down.

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

9. 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.

10. 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. 

11. 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.

12. 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.

13. 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. 

14. 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

     

15. 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.

16. The disbursement of assistance for RCC frame structure multistoried 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.

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

18. 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.

19. 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 brought out as per 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.

Package No. 1

Package No. 2

Package No. 3

Package No. 4-A

Package No. 4-B

Package No. 5

S.N.Dave
Jt Secretary to the Government.of Gujarat
Revenue Department.