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Package No. 5
EARTHQUAKE
–2001 Rehabilitation Package
No. 5 For earthquake
affected.
Read with :
-
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:-
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
Terms and
Conditions for assistance in Bhuj, Anjar, Bhachau and Rapar:
-
The
Assistance will be disbursed to the owner of the property.
-
The
affected beneficiaries will rebuild the houses. Government will provide
technical guidance, material specifications and technical supervision for
building earthquake resistant buildings.
-
The
assistance will be provided at the rate specified as per the measurement
of built up area of damaged house.
-
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.
-
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.
-
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.
-
Only G+2
and earthquake resistant construction will be permitted.
-
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.
-
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.
-
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.
-
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:
|
G5
|
Rs.3000
per Sq.m up to a maximum of Rs. 1.5 lakhs
|
|
G4
|
Upto
Rs. 45,000
|
|
G3
|
Upto
Rs. 30,000
|
|
G2
|
Upto
Rs. 15,000
|
|
G1
|
Upto
Rs. 8,000
|
|
Hut
fully collapsed
|
Rs.
7,000
|
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):
(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: -
|
Sr.
No.
|
Category
of damage
|
Assistance
|
|
1.
|
Buildings
placed in Category G-2
(a) Low rise buildings
(b) High rise buildings
|
Upto Rs. 50,000/-
Upto Rs.1,00,000/-
|
|
2.
|
Buildings
placed in Category G-3
(a) Low rise buildings
(b) High rise buildings
|
Upto Rs.2,00,000/-
Upto Rs.4,00,000/-
|
|
3.
|
Buildings
placed in Category G-4
(a) Low rise buildings
(b) High rise buildings
|
Upto Rs.4,00,000/-
Upto Rs.8,00,000/-
|
Instructions
for survey, and Eligibility criteria for assistance.
-
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.
-
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.
-
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.
-
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.
-
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.
-
If the
beneficiary desires to have a loan, the amount of loan required should be
mentioned in the survey form.
-
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.
-
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.
-
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.
-
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.
-
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
-
The houses
reconstructed will be registered in the joint name of the husband and
wife.
-
The
houses for which financial assistance is provided should be insured
against fire and other natural calamities.
Mode of
Payment
-
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.
-
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.
-
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.
-
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.
-
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.
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