Extra No,6I REGISTERED No. c/cNR/2 \,, ms{q m $ge Guisrnr ciliemmefir Guteffo EXTRAORDINARY PUBLISHED BY AUTHORITY IllnsneY, 1930 to tiis Part in ordCr tflatE be liled rs e Rules and Order- 191I, tha3 tlgse pubtished in parf,Ie I_A and I_t) madeby the Government of Gujaret under t*Cuii"ut Acts. ,, INNUS]rRIES A}[D MINTES DEPART}IDNT Notification Sachivalaya,Gandhinagar, Ist April,r**.
'' '.' l GUJARAT DTDUSTRIAL DITIT],OPDIETYT Agf, 1962 No' GH[J:8/20084ID: 102004: 1496: G: In exercise of the pow.rs confe*ed by section 53 reattw.:th secions 16 and 16a. of G"il; !,ilrr.'ilffiil,"* e"i-i'gii;lorj] xxm or le62) the ff j.'ffi.,",1,ko,ffi ,,r":'*r"til''*;ffi ;T.,:;ff ffiItrli'ii:,#f3;3Jil",HlilJ#t#;
,ffiti* I ut*,r...,.&!c, cont cnt_ ;;:": :.,,,*rr"r (l) These rures may be oailed the Gujarat Indp,cfial ' ', :
(2) they shall come into force on the date of theirpublieation inthe fficiot Gazene.
[?"ffi#'1ffi*.1"#'#ffiiffi.fkrcd, in respcct to t]re industriar estates, under section 2' l)eftni{ons!- (l) In these rures, unress the oontext otherwise requires,-(a) "Actn means the Gujarat hrduetrial Deveropment Act, 1962 (Guj. )afiI of 1962);
*' ;'lm fr Xnf#HS #:" a committee constituted uoder crause (b) of sub section (r) of
(c) "chief officer" me'ns an officer n:r-h-b* the rank of Assistant Manager m Deputy ExecutiveEnSiqecr' appo!ryed by m" co"po*tig 9;rrry il ", to day work of-thc notified area and heshall fimction as Secre-ary to,fr.-g*.d "iM;;;;
ts/ .n,-B-EX.-61_l 6t-r 61-2
(d) GUJARAT GOVERNMENT GAZETTE EX., I-4-2008 area less than 500 hectares.
IPART-rV-B the Corporation same meanings as "Managing Director" means an officer appointed by the state Govemment in
(e) "noti{ied,&!€{!.s", lneans an :industrial area in respect of which proviSions relating to notified areas and any other provisions of the Gujarat Municipalities Act, 1963 is declared to be extended and be brought into force under sectjon 16 of the Act:
Eglen@?n - For the p-urpose of these n"des,'fa larger notified area"jmeans a notitie6 area having land area l, .*1.:: of 500 hectares and 'lalsmaller notilied area,' meahs a notified area having lanE thr _'t-.
:
(0
(2) "section"rneansasectionoftheAc[ :,.,. . ],..;,.,.,t., ., : ., The words and expressions used in these.rul", uorl;oro.fined shall have .. :. .. . ...... ....: .. .....
Constitution and Functions of Board of Management
3.@E.-ot-BoardofManagemenL-(I)Ineveryoo,,o"oareathereshallbeacommirteecal1ed..the Board of Management' appointed by the Government. The Board ol'Management shall ".*hi "r tii.
(a) the Itesiderrt of the hrdustries Association of the notified area;
(b) the Honoraty Secretary of the Industries Associatio-n of'the notified area; i
(c) two members, otherthan the members.specified in clauses (a) and (b), as may be nominated by the Industries Association of the notified area; ' -.
,1 one representative of industries as may be nominated by the Corporatinn;
one representative of from amongst the local residents as may be nominated by the tsoard of Management:
(0 two officers not below the rank of Assistant Manager or Deputy Executive Engineer, as may be nominated by the Corpwation, ':.
(g) onq.offi":l-not below the rank of Assistant Manager or Deputy Iixecutive Engineer, shall.,be nominated by the Corporation as the Chief Officer, who shall be the Secretary io the Board of Management:
i.2) While nominating re,presentatives of the industries on the Board of Management, adqguate care be exercised to ensure that industrial units locatcd within ttre notified irea which utilize the maxirnum capacity of various infrastucture such as water, drainage, Ltc., are not neglectedOu"io their numerical minority
Provided that in case of a notified area having single unit, the , Board of Management shall not consist,- .l:.
(i) more than three members, not below the rank of managerial cadre ifrom the unit concerned;
(ii) more than two officgry, not. below the rank of Assistant Mahager or Deputy Executive Engmeqr, as may be nominat6d by the Corponatibn. From amongst thc officers si nominated one officbr shall be appointed us the Chief bIlicer, who shatl betre Secretary to the norO of Management
(d)
(e) P \RT.IV.B] GUJARAT GOVERNMENT' CAz-E]"TE F]x,, I -4-2008 6l-34.
(l) The Board of Management shall elect one of its members from the members specified in rule 3 to beits Chairman.
\-/ ;.
(2) The Chaitma* of'the Board of Managemeht shail hokr office for a period one year;
:
(3) The terms of members of the Board of Management shalr he for: a period of two years:
' ' Provided that the members of the Board of Management shall:ihold oflice rnitially for a penod of rwoyears; and half of the meinbers, as may be determiried bt;;?"vernment, ;i;; not hord office by ilH",f,irlt"ir position in the Industrit* essociation or the L-otporariori sharr retire aner completion of , ,Provided further that no person shall continuously for more than three years.
(4) A membermpy be arowed to be re-nominated after a gap *f tt'ee years.
' """*'""s wt tne oosra otr {vra'flogement:- (1) The Boarci of Management shall pertbn:r its function and8Llffil"tfl1fff,fjm".iih*. a;;;iliu,fr*,,,"s Act, re63 as extended 6 *;brought into ibrce in the Notiri"a ".", ""0;;ffii?;;l'ffi:rffi1.[;)fft;_lili ?::*":fffi ll#:to the directions given by the Governmenior the crrp"*tioo ,i-tlr. ni.*rtor of notified areas {iom timeto time for the purpose of maintainine o*r.1.r"11t!i#dernent of the ar:rairs ortne notified area, I:X"'*u financiai propriety u"a i.oriaing eff.i.rt uro "o*?..fr"cdve administrarion in the n'tified
(2),Notwithstandrng anything contained in sub-rule-(l). it shall be'the-dury of Board of Management to ffi,|"it""ole and adequaie ptor*io, ior,tr;?;rrlJil; #ilr,within ihe rimiis ortrre notified area,
(a) construction and maintenance of roads, public street$, culverts, municipal boundary marks,rqarkets, slatrghterhouse, privies, drains, sewer$, drarnage ,oorks, sewerage works, etc., .
(b) constuction and maintenance of water works and adequate water -supply to the residential, ;llffiS"lilf commercial units * .rJ.,r,"""tii rrr",r,i" *nsferred uv-*," corporation to,rhe be gllowed kr l.qEnain,on the Board of Management LightingpubIicstreetlights,placesandbuiIdirrgsandthejrnraintenance;.
Cleansing of public streets, collection, tansportation and disposal of solid waste, Cleansing of sewers, removing noxious vegetation, Dsposing of night soil , Extinguishing fires and protecting life agd property when fire occur$, Registation of birttr and death.
ffiT:f,#-T"#ffi;Iffiftl revising town plannins within the limits of the borough as per the Acquinng and maintaining places for dis.posal of dca.d and disposal of carcasses of dead animals.
Construction and.maintenance of public latrines and urinals.
*- (c) :d) ,,e) ,f) '"g) ih) ri) {i)
(k)
(i) 614 GUJARAT GOVERNMENT GAZETTE EX., 14-2008
(m) Removing obstructions and projections in public streets or places IPART-IV-B
(n) Naming streets and numbering of premises
(o) Secunng or removing dangerous buildings and reclaiming unhealthy localities
(p) Introducing and maintaining the sy?t9m of water closers
(q) Paying salary, etc. for the police or gqard required for the protection of municrpal properties.
6. Di-scretionarv fancrion*- The Board of Management may at its: disoetion take up some of the functions from among those mentioned in section 91 of the Gujarat Municipalities Act 196i, for the public *"fai.
from its fi.rnds without adversely affecting the essential services, by levying idaitional i* o, o*i..
charges or any charges, from the surplus funds, if any.
7. Aooroval. of.annual budeet- The Board of Management shall approve the annu4l budget of the notified area; take' decisions about the taxation, levy of cliargeC, if any, in accordanrce wiitr the-provrsion" oi rfr" Act, consolidated tax Rules and these rules. , , B' Meaine of the Board of Mangqement- (t) The Board of Management shall meet at least once in a 'rnonth to take decisions on the items pl4ced on the agenda by-the Chief Officer and to.review the
(2) The Board of Management may suggest the new works to be rmdertaken and priorities to be given to various iterns of work.
9. Ouorum.- No busrness shall be transected at any meeting of a Board of Management unless at least five members are present thereat.
lo. gonliti?ns of Aoooi$try--ent of a qem4er:-No member, other than the members nominated or appointed by the Corporation, shall be appointed as member of the Board of Management unless he.- " -
(i) has an industry in that notified area, or , : ,
(ii) is holding a senior management position in the industy situated in the notifipd area for a period not less than tlree years, or
(iii) is a resident of that notified area; i i,
(iv) is not a defaulter in the payment of consolidated tax and_ _______-::__ _l: *-_
(v) is not have been sentenced to jail for any criminal offences.
CIIAPTER III TUNCTIONS OF CtrTEF OFT'ICER
11. Ch!e-_t Offigelto w=qrk {n*r the conqot and suoery'tsion of Board of Maaasqrnent (l),The Chief Oflicer shall workunder the control, direction, guldail; i\,Ir*g;;i.
(2) The Chief Officer shall e*ecute the works as approved by the Board of Management subject to availability of finances, In case the Chief Officer is of the opinion that ttre decision of 'the BJard of Management is contrary to the provisions of the Gujarat Municipalities Ac! 1963 or any rules made thereunder or tlrese rules, he shall refer the matter to the Board of tvtanagerrrerrt for reconsideration of such decisioa
(3) kr case the Board of Management refuse to reconsider its decision, the Chi€f Officer shall refer the matter to the Director, notified ardas. The decision of the Director of notified areas shatl be final in regards to such matter.
,?ART-lV,Bl GUJARAT GOVERNMENT GAZHTTE EX., 14-2008 6l-5 ( I ) For the purpose of assessment of ffi::'fffi.,*,,d rt ;it'il ffd"Xffiffi#Xi:i:1il1cause to perfbrm the following functions, namely:- 9l prepare a properry regiiter,(b) get the measurements recorded of ail the properties, I:l *T:T:*:3:*T1:: o{}1a *oliiri*ei,, }.*p,", oreach properry,(d) #::ffi assessment or,on,oiiau;fi;;i.#;a; -#ffi ffffi1t}"il1,**,***"nt for eachproperfy, get the tax bills prepared, 1', alrange tbr the distribution ol"tax bills and rec,r,e;ry of consolidated tax and give receipts,take coercive measures asainsf .!1e defaulters for the recovery of cunsolidated tax in time.
l?#!! *#J]*- prescribed in sub-rule (l) mav be perfbrmed as may be directed by the Director of i2.
(e) (0
(g)
(2) Any person who is aggrieved by court within a period of one month the decision 9f the appellate oflicer may appeal in the judicral from the date of such decisinn.
(i) 'fhe Chief Officer shall cause to prepare.an :l?H,lJi:::*jT t:,:ji W '.,-i r.,.iir,*" yearr, income and expenditure anclestimated income in the next vear. He Jal ihen, prace ,r,";riiJ|;rffi1[.;Jr:rffr]Hfr"i1 l*ffiil'#,ffiTfilJffiX}j,::1'"pp*'" the budget with or without moam"atio, c*nsideringthe
(2) The Board ol'Management may assess the need of additionar taxation, lerry of charges, etc. and: ensure that the budget shows u aar"n.raffiil;. " vr euultrl.,'dl .onatron, lev
(3) The Board of Management shall appmve the budget with or wrthout rnodification by the end ofIiebruary and imprem"rt th, same from'ist April of the?suing financial year.
ls' co4w! on Finances:
=(l)-The chief lfficer shall reconcile the incorne and expeniiiture of thenotified area every month and ensure ttut ttr"r.rrffir;;;ilrrh rir- "-p#ifr*.
(2) The developmental works shall be undertaken by raking into consideration the flow of funds withinihe limits of budgetary allocations_ 13) In case the flow of funds does not permit-the proposed developmental works, he shatl allocate theworks to be undertaken in different quarters of the"year.
- s! yLrv,,r's'rar worKs' \,
(a) He may re-appropriate the budget in the month of December with the approval of the Board ofManagement.
3' Annointment of A4oitlat? Qfficer.- (I) The chiel'officer rnay appoint. after obtainirrg approval of rheI)irector of the Notifi"a nEulan utn"", incruoing ; r"tiod offi"", not below. the rank .f Mamlatdaras Appellate otrcer to hear objections against ,.** **""i',iiru* arrd the matters rerated therervrtrr.
'tt'nocnqnce or "rmancl'al.r'isciDline:'- For the maintenance of finoncial diseipline, rbgisters shall be ffilTtrlJlgv#,1::Til:Effiljf:i,qirrb;i;; h;;; sl*"* aadberore sanctioning any newwork it must be verified whether budgetarv allocation i, uruiiuut" under that our6.*lt#lfilfo:XffXshall be kept of all the works rrn"iionet ffi';#"r;';il;'ro'keep track on expenditure andavailability of firnds for new works. No items shall be sanctioned by rh. b;;^or"rra*ug"ment or thechief oflicer if there is no budgetary rlt"dp;:;r.d*"#Aency wheie funds may be sanctioned il,:fr fi:,::l[;,:Xi::l o, t"i'r'oing ril; ;;;; ;#";."i,;#'Jlff t',,,*rr budgetary Iii.
I\ -B-EX.-61-2 6r-6 GUJARAT.GOVERNMENT GAZETTE EX., I -4.2008 IPART-rV-B
17. Milinterrence o{Accountq: -The Chief Ofticer is expected to maintain the accounts of all the income received by way of consolidated tax and other tax and non-tax revenues by the notified area. All' the accounts of income and expenditure must be maintained on day to day basii following the commercial accounting system i.e. double entry system and a balance sheet shall be prepared each year and shall be certified by a chartered accountant. The work of maintaining the accounts may -be entrusted to chartered accountant firm if Board of Managemeti! so desires. . , , ,
18. .ludit of Accounts: - In addition to the audit of accounts being carried out by chartered accountants.
the Local Fund Examiner would also audit the accounts of the notified areas and the cost for the same shall be met with from the budget of the notified areas.
19. Otlter Funaioins,of C4ier Qfficer.- (l) The Chief Officer shall cause to ensure day to day administration of the notified area involving:-
(a) receiving, registering of post, compiaints, correspondence etc., and maintenance of records;
(b) resolving the complaints,
(c) keeping of records of all the meetings of Board of Management or otherwise held at various levels,
(d) monitoring the follow up action, etc.
(2) Fol the constuction and maintenance of roads, public streets etc. the Chief 0fficer shall cause to,-
(a) identify the arterial roads having heavy traffic and other less inrportant roads in order of priority for their construction and maintenance in consultation with various stake holders,
(b) assess the flow of traffic and decide width of the carpet to be laid,
(c) get the rough estimates prepared and work out the amount involved in the construction and maintenance of roads,
(d) prepare a plan for next five years for the construcfion, resurfacing and maintenance of the roads keeping in mind the likely budget available,
(e) split the five year plan into annual plan and put the annual requirernent of the funds in the.
annual budget in the respective'financial yeai from time to time and get the approval of Board of Management.
(0 obtain the approval of the Board of Management for all those works, the cost of which exceeds the financial powers that may be delegated to the Chief Officer by the Board of Management from time to time.
(3) For the constuctio:r and maintenance of storm water drains, the Chief Officer shall oause to,-
(a) prepare a list of areas, which do not have storm water.drains 7
(b) identifu the low-lying areas, which get water logged drning monsoon,
(c) give priority to the areas where storm water drain shall be laid,
(d) plan the carrying capacity of storm water drains according to the intensity of rains,
(e) identify the location for the discharge ofrainwater through storm water drain, (0 prepare the estimate for laying storm water drains during next five years consistent with the availability of funds,
(g) prepare annual budget estirnates for construction and maintenance of storm water drains,
(h) incorporate the requirernent of funds in the annual budget and obtain the approval of the Board Of Management
(i) obtain the approval of the Board Of Management for all items of works the cost of which exceeds the financial powers that ma1, b9. delegated to the chief officer by the Board Of Management from time to time.
, 1a1qor the lighting of Public Streets,,the Chief Oifi#,shall.cause to,- ::j , (a) prepare the fist of roads and streeta which do not have streetlights and, where streetlights are inadequate,etc. : , ' , i. .
(b) prepare a list of streets in order of priority for the provision of streetlights, improvement of streetlighe depending on the tlow of traffic during the night and importance of roads.
PART-IV-BJ ' (c)
(d)
(e) (0 GUJARAT GOVERNMENT CEZrtrr EX., 14.2008 6t-7 provide the type of''sheetlights required for adequate'illumination oi roads,such as sodiumtight, nrercury light, tubelight, in"ana.srent.il;; ;;;:";i;ous powers, taking inroconsideration the width of the ioad, workout the budget estimates for the provision and maintenance of streetlight, etc. in next fiveyears and split the work in the annual plans in order rf il;;r.
- Scor?oT-te the requirement of funds in the annual budliet and obtarn the approval of theBoard of Management.
obtain the approval of board of management for all items of work the cost of which exceeds f;Jffilt ffi:..'thar mav be derefated,o tr," cr,i.iorfi;;;y the eoaraorvrun"g"-"nt,
(5) For Cleaning of public streets, collection, transportation and disposal of solid waste, the ChiefOfficer shall cause to,-
(a) list out the roads and public streets having habitation or commercial or industrial activitywhich are required to be cleaned on a day-toloav uurir *i-fl* rrd;a d; spaees that arerequired to be cleaned periodically,
(b) measure the road lergtf,, to U. i*"pt,
(d) identify the location where close body container rnay be placed for temporary stoqage of wastefrom households' shops and establisi,nents ror orr*ara Lansportatiorirro"or l;H; ;6;;;;site keeping in view a yardstick for having su"t "ontuirer at a distance not exceeding 500,running meters from each other,
(e) identify a site,of 2 acres of land per 10000 population for the treatment and disposal of,municipal solid waste' The site shall be away from t"uii"ti"" ;;;dili# o"u**, uno,disposal in terms of the Municipal solid waste @;;";;;t And Handling) Rules, 2000, ; ,(f) workout number of beats for street sweepers as per the instructions laid dowr in the solidwaste Management Manual of the Gove--*irir"a", ,ro, (average*r.t *tu" g,'*r lii6running meters bf the road length per sweeper), \Er Yre.v "vra r!
(g) prepart an esLimate of generafion of waste from households at the rate of 300 grams ier capia.per dav and the .gstiryi.e of mmicipal ;rd ;";;d""iir.o frorn shops establishments andindustries (other rhan induskial and bio_medicat ;#r;
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(h) provide suitable size of and adequate number of "o.rlirr"rs to be placed for the secondary; storage of the waste depending onlhe estimated qr*tt;i*uste generate; in th" city,(i) provide lh typ" of bin to be rept at the site "i;;,;;r;;;*oT;d # ip" or vehicreproposed to be used for the transportation of the waste,(i) workout the likely frequency oi tt cbntaineis to be fiued with the'wasti to facilitate their
(k) workout the need of'vehiclqs for the transportation of waste from the bin keeping in view thenumber of trips the vehicle will be able ro *itJ i, i L*, iin, ,
(l) plan for using the vehicles in two shifts to \*p ,t. capital cost low and provide zso/o sparevehicles to meet the situation during the breakdoo"n- *d for prevealive maintenance of
(m) fix the site prepared for the keatment and disposal of solid waste as per these rules taking in toconsideration the availability contacting mechanism ,(d fff l'.?:r,^.:,fb,:*:yf stafi toori $:qJ**t in accordance with the provisions of *:::j":" #,_,T,',q1.ig*- $ven in the r,,i;;"a ;i -s;iiJ-w;'#;d"il# of theGovernment of India,2qol . ln-oa.e *r. *ort is to be carried *r ffi*trffiffi:'#riljr[Imade mandatory for the'coiltrJcontractor to adhere to the solid waste management instructionsindicated above,
(o) prcpare cost 1i3j: fo1manRowe1, material, vehicles and equipment required for the streetcteaning and conections, transpofiation and di6;;i;il;*,I]}fiii",;,HffiffiffJ}r:
(p) tnake an adequate provision of firnrle raarrirazl ir +Li- --- -r :- aL^ ^-----r r r;"il';**iffi;*;tnnfifial ^-^^notified area, 6t-8 GUJARAT GOVERNMENT GAZETTE EX., I4.2OO8 I IPART-rV-B
(q) obtain tlrg approval of the Board of Management for all worls the cost of which exceeds the from time to time.
(6) For removing,Noxious Vegetation, the chief officer shall cause to,- , i,i:
(a) identifu and list out the locations where there is excess noxious vegetation growth,
(b) idenrify the month and days during which such growth is optimum, '(c) assess the rnanpower and budgetary requirements for cleaning such vegetation twice a year i.e.
during mid-monsoon and end of the monsoon,
(d) workout the cost estimates and make provision of fund in the annual budget and obtain the approval of the Board of Management and workout the conffacting mechanir* fo. the cleaning of the vegetation within the budgetary limits,
(e) obtain the approval of the Board of Management for all works, the cost of which exceeds the financial porarers that may be delegated to the Chief officer by the Board of Manageme",, fi;;
time to time,
(7) For disposal of night soil, the Chief Officer shall cause to,-
(a) identi& the number of dry latrines in the notified area for their conversion to flush latrines,
(b) consruct flush latrines by the owners of such premises within a time limit,
(c) adopt hySrpic. system for the disposal of night soil through container mechanism using appropriate, Pushcarts and safety measures for ttri workers engaged therein,
(d) identifo lhe sites, with the approval of Board of Management, for disposal of night soil in an environmentally acceptable manner and make efforts to convert night soit inio bio-gas or compost.
20' Fine.safetv Measures- fhg Chief officer shall make adequate fire fighting iurangements in the Notified area. To ensure the fire safet5z, he shall, either._
(l) establish fire fighting set-up,-
(a) In larger Notffied areq- By having a qualified fire officer and firemen team on the establishment of the Notified area and procuring adequate fire fighting equipments maintained byiil N;;,f*;
areas.
(b) In smaller Notified areas,- (i) By having a skeleton staff, duly trained, and to procure minimurn fire fighting equipments necessary for the purpose,
(ii) 'b,y arranging for additional support from the neighbouring ciry or towns having larger fire fighting rnanpow€r and equipment, in case of need to tackle the situation that miy bJ called , 9t- kr this regard contractual alrangement may be made with the neighbouring cityor town as the case may be.
(c) to prepare a list of indusfies, which use raw material or processes more prone to flre,
(d) to collect the details of "on site" and "off site" risk involved in respect ofeach industry and the information on the measures required to control the situation, '
(e) to equip the fire brigade with adequate fire fighting appliances to handle any situatron, (0 to make necessary arrangements to provide periodical training ts the staffard ensure that the
(g) to familiarize the staff with district level disaster management plan.
(
PART-rV-Bl GUJARAT GOVERNMENT GAZETTE EX., 14-2008 6l-9
(2) Procure fire extinguishing services from private.agency._ ,,
(a) the Chief Officer, after obtaining approval of the Board of Management, may make conrract with the private ageneies engaged in fire extinguishing services [aving necessary expertise, adequate manpower and equipments. tt must be ensured that the staff is well trained and available on round the clock basis.
(b) such contractual arrangement shall not be made f6r a terrn of less than five years to motivate investments by prrvate sector.
(3) By improving the-existing fire-fighting set-up of Notified area having its own fire fighting equipment and manpower for fire-fighting services.
21. Resistration of lirl,hs a4d.dcathsi- (l) The Chief Officer shall make appropriate arrangements for registration of births and deaths in the notifred area, and maintained record in such mannqr-and in such form 8s may be specified by the Government, for this purpose. The Chief Officer shall be the Registrar of Births and Deaths for this purpose.
(2) He shall cause to communicate that each birth and death which may have occurred within the' notified area shall be registered in the office of notified area within the specified period by all households, maternity homes, hospitals, nursing homes, etc., failing which tLey 4ay-be liabli for action in accordance with the prevailing laws in this regard.
(3) The Chief Officer shall notiff the place and timing for such registration.
(a) He shall have power to inspect the records from time to time, in respect of the births and deaths which may have occurred *ithin the notified area, maintained by hospitals, nursing homes, maternity homes, crematoria etc.
(5) He shall make an arrangement to issue birth and death certificate on payment of fees, as may be determined by the Governmen! fqom time to time.
22, Passiltg of Buildins Plans: - (l) The Chief Officer in respect to the notified area, shall ensure compliance of town plaruring regulations and safety of all the buildings constructed. In case the plans need to be scrutinized by a town planner he shall,-
(a) g"rge to get the building plans approvgd by the Corporation or. as the case rnay be, Urban Developmant Authority within whose jurisdiction the area is situated. On the recommendation of the corporation, he may grant permis.sions for such building ptans,
(b) determine the fees for approval of building plans for the construction or alterations as chargeable by the Corporation.
(c) on the advice of the Corporation and approval by the Board of Management, appoint a private agency for the notified area having expertise in town planning matters to scnrtinize the plans and recommend for approval to th;Chi,ef Offrcer.
(2) He shall keep a vigil, within the notified area, on unauthorized constuction, encroachment, etc. and give notice for removal thereof.
(3) He shall have power, within the notified area, to take appropriate actions against illegal or unauthorized constructions and encroachments on Government or public lands situated within .u"h "r"u..
I4),-q cases where it is felt that the .unauthorized sonstuction or €ncroachment may cause undue hardship to the person concerned if removed, he may with the approval of Director of Notified areas regularize such constructions or, as the case may be, such ensroachment on recovery of such amount as penalty as may be determined by the Director ofNotified Areas.
6t-10 GUJARAT GOVERNMENT GAZETTE EX., 14-2008 IPART-rV-B
23. Removine Obstructions qnd P. oiectiorrs on Publ4 Streeqand Plases:-The Chief Officer shall cause to,-
(a) get a survey mdertaken for idartiffing establishments on the public skeets and places, get the measurements taken of the obstructions done or projections made, issue notices to the persons who have created the obstructions or projections for remonng the- same in a given time,
(d) get the obsfructions and projections removed by force if the instructions are not complied with.
If need be, police help may be taken to maintain law and order,
(e) determine penalties for creating the obstructions or projections including the expenses of removal of such obstructions and projections and recover the sarne from the owner of the building.
Disoosal of dead ard carcasses of dead animols: - The Chief Of{icer shall cause to,-
(a) identiff and notifu the place for cremation, burial and for the disposal of dead animals,
(b) provide appropriate places for the cremation and burial, not far from the city having adequate facility of burning, shed, wood, water, and death registration, etc. , depending on the population of the Notified area and the death ratio of 8 to l0 persons per 1000 population per year,
(c) provide the site for disposal of dead animal or carczrsses of dead animal at appropriate places, away from the inhabitant area. It shall be as near ag possible from the site identified by the Municipality for the disposal of dead animal or carcasses of dead or where the waste is generally being disposed off.
(rt) to make contractual arangernents for preparing deep pits for the burial of dead animals and to remove the dead animal from the Notified area and bury them in the pits.
Qonsffucrton tnd Maintenance of Public Lotrines and IJrinals.-The Chief Officershall cause to.-
(a) identify the areas, which are frequented by the people in the commercial and induskial areas and assess the need ofpublic urinals and latrines 7
(b) identifo the locations where such'public conveniences may be created,
(c)getthecostestimatespreparedforcreationofthesefacilities,
(d) include the cost of construction and maintenance of public toilets and urinals in the annual budget and allocate fi:nds for the same,
(e) contract out the construction and maintEnance of these facilities following the norms of awardrng contracts.
Namine the Slree* and nimiberins of premises:-The Chief Officer shall cause to.- ::'
(a) list out all roads and streets in the notified area,
(b) workout a scheme of naming or numbering the stre€ts in consultatron with the Board of Management,
(c) name the str€ets with the names of national leaders or the persons who have contributed for the wel'l being of the nation or of the socie{ and adopt proper signage $ystem to number the streets with some sequential numbers,
(d) noti& the names of tlre streets to the citizens and postal authorities to facilitate the acce,ptance of the name for future communications, etc.
(e) introduce house-numbering system for each lane and connect the same with the street's name or number to ensure ttrat no confusion is created in identifying any building in the notified area, (0 direct the citizerrs to put the number plate of a specific design at a gpecified location in each' building or facilitate to get such plates prepmed miformly and get them affixed on each building and the lanes and recov€r the cost from the owner of the building.
the obstructions created by the households, shops and unauthorized projections made on the public streets or o)
(c)
24.
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PART-rV-Bl GUJARAT GPVERNMENT CAZETTE EX., 14-2008 6l-l I
21. Sfcllrins or rerrrg,ing dansirous 4utldines oild rectoiilins unheottlv tq{;allifus,- The Chief Officer shall cause to,:- '! :
(a) identift the. buildings in each ward that appear dangerous or in a dilapidated condition needing urgent repairs,
(b) get the buildings so identified inspected by technical p€rsons to suggest what type of repairs are requiredtomakethebuildingss1fdorwtr*trerttre.uqiiahgneedstJLaemotisGd,.
(c) direct the owner and occupier of the building to get the building repaired or demolished if found ineparable within given time, , "' get the dangerous part of the building demolished if the instructions are not complied with and recover the cost of such demolition from the owner as arrears of consolidated tax, identifyunhealthylocalitiesandascertai,,.r.""u*u.ionfactorsforthesame,:
give notice to the persons colcarned for the reclaiming the unhealthy locality as per the provisions of the Gujarat Municipalities Act, 1963;
take action against the defaulter as per the Gujarat Municipalities act, 1963, if they fail to comply.
28. I.4trltduciq&and maintainine the svstqm of water ctoselp. -.The Chief Officer shall cause to,-
(a) get a survey conducted of the households, shops and establishments which do not have appropriate facility of water closets,
(b) serve notice to the persons concerned to construct a water closet within their premises within a specified time,
(c) take necessary action if they fail to comply,- ----r-J
(d) periodically inspect the maintenance of common toilet facilities situated in commercial complexes or industrial complexes,
(e) serve notices for proper maintenance to the goncerned person if such community toilets and public conveniences are not mailtained properly, ' (0 take necessary action against those who fail to comply.
29. . Moke arrangemen$jfor the orobaion of Notified.orea,prooqtiis.- The Chief Ofhcer shall calrse tg;"_-_
(a) prepare a list of all properties owned or in possession of the notified area,
(b) get the site inspected at least orce a year to find out whether there is any encroachment, unauthorized,qse or damage caused to the property,
(c) take necessary action to rernove the encroachment or unauthorized user from the notified area premises after Slving him a notice and reasonable opportunity ofbei+g identifo the p€rson who has caused the damage to notified area pr0perty, if any, initiate neccssry action against the defaulter and recover penalty for unauthorized use of the prop€rly or for damaging the property, prescribe thc uniform rates for charging penalties for rmauthorized use of the notified area's
(d)
(e) (0 G)
(d)
(e) (0 property, G) engage security agencies wiere necessary, for the protection of notified area properry by regular ldsits of impoitant propertics' or by stationing sccrrrity personnel for the profuti", if iropcta"t pficpcrties and pay for such secrnity arronge,tnents from the notificd area fimds by making h@tarv provisiqr for the same.
6l-12 GUJARAT GOVERNMENT GAZETTE EX., I4.2OO8 IPART-rv-B
30. Involve*"rt o Ereas.- (l) Whereas rnost of the works are ,*q 6.supervision of.the Corporation or the private sector, there are areas such"as maintenance of publicparks and gardens, city beautification, city cleaning and waste disposal, etc. where efforts 11uf u"made to involve citizens, Non-Governmental Organizations, households, commerciai establishments and industrial units may be motivated 1g help in teeping the notified area clean by accumulatin! the waste at source in the domestic storage bins or institutionalbins.
(2) The parks, gardens, "balwadis", public conveniences may be developed and beautified in the notified areas with the support of NGos, industrial as well us "omme."ial units. The Chief officer maymotivate them to contribute their might in development of such infrasbuctural facilities and beautification related activities. The Non-Governmentai organizations and the participating industries may be given drte recognition for extending such support. The Industrial houses may be pirsua6etl toprovide litterbins and tree guards on the streets carryfu their logo or name.
CHAPTER IV EXECUTION OF ENGINEERING WORKS 31' Execution of Eneineerins Works.-- (1) rhe works to be performed by the Chief officer mainly inclrrde construction and maintenance of roads, construction and maintenance of storm water drains, irovisionand rnaintenance of streetlights, street cleaning, collection, transportation and disposal-of waste, construction and maintenance of parks and gardens, etc. These works may be executed as per the direcfions issued by the Director of Notified Ar"u" after approval of the Corioration. Notwithsfunding such directio:ts, the:engineering works shall be executed i" irc mnowirrg *un "rr, namely:-(a) prepare the proposals with cost estimate, for the construction "Ji"pr# *r*r,(b) obtain administrative approval and technical sanction wherever iequired for undertaking the work.
(c) invite and finalise tenders, offers and quotatlons as may be necessary for the execution of the work in accordance with the existing rules,.manuals or nonns, if any, issued by the Government,(d) monitor the works 4nd carry out the lnspection for workprogress piriodically,(e) maintain records of'the #o.ts carried out,
(2) The Board of 'Managernent shall have 'the full. powers to accord administative approval for engineering works and purchases, subject to:a sufficie,nt'provision in the Budget of the Notified Area and technical sanction for engineering works including approval of estimates, irun tender papers, etc., acceptance of tenders,-excess in original estimates, e*cesi in work, extra item, whatever upio a'l,mit as maJr be specified by the Corporatton and/or the Director of Notified Areas. A reference shall invariably be made to Director of Notified Areas and/or Corporation before invitation of tenders in respect of large works as may be specifigd by Director of Noiified Areas and/or Corporation through administrative instructions from time to time.
32' Sanction of tendets, offe-rs avd ogolalions.. All tenders, offers and quotation above the financial powers.
that may be delegated to the Chief Officer shall be sanctioned by the Board of Managerneni. rr,.
Chief Officer may sanction all tenders, offers and quotations which fall within his poier unless he delegates his powers in writing to his subordinate officer.
33' opfi4ns for Execution qf Worlcs. -The engineering works may be executed in folowing manner,--(a) by entrusting the work to the Corporation in the capacity of proje.gt rpanagement consultant agency,
(b) by hiring private agexcy as project management consultants having expertise- in such gpe of work,
(c) by having engineering staff on the establishment of the notified area.34. @!-Rite cinrtrocxi L ' The Chief Officer shall, after ouai*"i'"pp*val of the Board of Management, have power to invite tenders for the purpose of annual rate-conract for each il; ;i york,specifying the work to be done. The annual rate conlract may be made as per the directives i.sqyed by the Corporatiorr or the,Director of Notified Areas NoMthstanding such Airictir.es, .il;-eil;;;
Officer shall invite and finalise innual rate contracts in accordance *ittr tt!
"*irlirrg;i*, ;;;;;;
PrrRT-tV-Bl GTIJARAT GOVERNMENT GAZETTE EX., 14-2008 6l-13 CHAPTEN V QUALITY C0NTROL OF ENGINEERING WORKS 35 The chief officer shall take appropriate meilsures while executing any engineering works and ensurethat the standard specifications are adhered to and quality iontot ltandard maintained. Anyengineering u'ork'under exebutibn shall be inspected ror qLriry ".itrriuy ti. nirectorare of notifiedarea' the melhod, procedure and follow-up of resuitant observations shall be such as may bespecified by the Director of Notified Area, fromtime to tirne.
CHAPTER VI APPOIN'fMENT OF OFFICERS AND EMPLOYEES 36 (l) To assist the Chief Officer, forcarrying out his frurcfion, the the following ;ffi"*r ,..t .*pl"y*s may be appointed, nanrely:- (A) For larger notified area,-
(a) One Depury Executive Engineer,' (b) -fyro Assistant Engineer:
(c) Two Additronal Assistant Engineer.
(d) One Assistant.
(e) Three Clerk cum'fypists (B) For smaller notified area.-
(a) One Assistant Engineer,
(b) One Additional Assistant Engineer,
(c) One Assistant,
(d) Two Clerk cum Typists
(e) Two Peons or Attendants !2) The appointment of the Deputy Executive Engineer, Assistant Engineer, Aclditional AssistantEngineer, Assistanr., crerk cum Typists and othei staff shall be maie ;6;;;; ;l}"'il corporation or Government or any other pubric urdertaking: ,
Provided that the appointment of clerk cum typist, peon, attendant may be made by dircctrec1uitment or on contractual basis with fixed remuneration by the Board of Management after the approvalof t're Director of Notified Area.
(3) ro regula& the recruitnent and conditions of services of the prercribed by the Govemment.
persons appointed shall be as may be
CHAPTER VII DIRECTOR OF NOTTFIED AREAS 37' .- with a view to ensuring efficiency in services,uniformity in administration, maintaininffinancial discipline, regulatiig the recruitment ;;promotion in the notified areas and guiding the notified ur.ui ud*ioldrtioni, ,*d;l;;;;:,;;
Managing Director shall appoint and designate an Officer of the Corporarion not t"to* rh;;*il";f leneral Manager as the Director of Notfied Areas with powers io,regulate and supervise thefunctioning of notitied areas. The Director of notified area shalf report to the iltanuging Director.
38' '- The Directorr of notified areas shallexercise the following powers:- 61- 4 Ct jJARAT GOVERNMENT GAZE'I"I'I:, EX., l-4-2008 IPART-IV-B
(a) under section 157 of the Gujarat Municipalities Act 1963 to inspect any work in progpess in the notifiecl areas, to call for and inspect any document in possession of the notified area, ots.,
(b) under secrion 2d2 of the Cujarat Municipalities Act 1963 to direct notified area to perform specific tiuty in a given time frame in the event of f'ailure to pertbrm such duty and powers to get the work rlone fiom another person at the cost of the notified area if the notified area fails to perfom,r the duty in the time limit given, etc.,
(c) io introduce working procedures and work norn'rs for bringing unitbnnity in ths working of notified areas.
(d) to examine whether all the notified areas are fbllowing the working systems and procedures proposed to be established in the notified areas fbr improving their perfbnnance,
(e) io iranslbr antl take departmental action against the Chief Officer if found indulging in any financial inegularity or any ether serious rnatter, subjerct to the approval of the Managing flirector, (n tr: recommend repatriation of the Chief Officer and other staff on deputation from the Corporaliou.
(g) to recomrncnd for appointing additional staff in tirr: notified area beyond the staft strength prescribe rri rule 36,
(h) to introtlut.c commercial accounting system in all thc notified areas and to ensure the implemertta tion thereof, to recominend changes i1 the consolidated tax structure made applicahle in the tutified area,- to get the c6nsolidated tax assessment made linm other agency if the assessment not made by thc:
Chief Offrcer tnd to cerlify the assessment list so preparect, to recommentl to sanctiol to spend ftom the notified area t'und lbr providing services outside the notified area ilr spesial circumstances, tl) to grant permission to provide selices to the peopie or property situated outside . area ltmits,
(m) tn prevent extravagance in the employment of stalT similar to the p{ru/ers of Director of tvtunicrpa|ties provided under section 260 of the Gujarat Municipalities Act 1963,
(n) to make , afier nr rescind the rules not consistent with the provisions of tlre Gujarat M:unicrpalities Act 1963 or tire rules, by-laws and orders made there rurder, sirnilar to the powers prescribed in respect r:f the Mulicipality under sections2Tl and275 of the Gujarat Municipalities Act 1963,
(o) to recommend, super session of the Board of Management, to the Corporation on being satisfied that the Board oi M*rrug"*"nt has failed to perlbrm its duties as per the provisions of the Gujarat Municipalities Act 1963 and these rules or has indulged in gross irregularities in the managemcr"tt of the atTairs of the notified area.
(p) and such gther duties, powers and functions as m&y be specified by ih* Government by notiticertion flom time to tinre.
Meetine oLEgpenditure and Cost- Each notified area'shalj al the beginning of each financial year remit an amount "q"af t" tAf p. cent of assessed Consolidated'fax of the previous year to the Director r:f Notitiei Areas to Bnubl" him to sustain his ottice expenditure, establishment cost and miscellaneous contingent expenditure. .
Inliearive In*tjtntionil SlrWUry:-- (1) To assist the L)irector of Notified Areas, tbr carrying out his fu".t orr, th i**g;ffi"e1;s and ernployees may be appointed, narnely:- (ai One Executive Engineer,
(b) One Asststant Manager,
(c) Trvo Assistants,
(d) One llriver,
(e) One Peon.
(i) 0)
(k) a the notified
39.
40.
\-, PAi{T-IV-Bl GUJARAT GOVERNMENT GAZETTE EX., I4.2OO8 6t-15
(2) The appointment of the Executive Engineer, Assistant Manager, Assistants, Ilriver and Peon shall be made on deputation from the Corporation, Providerj that in respect of appointment of Assistint lvlanager, preference rnay be given to a person having at least five years experience rn the alTairs ofnotified area, hovided further that the appointment of driver and peon rnay be nmde on contractual basis with fixed remuneration after the approval of the Corporation.
CHAPTER VITI MISCELLANEOUS 4l Rgmovatgt-diMig*.If any doubt or difficulty anses in grving effect to the provisions of these ruiej, ihe Government may, by order, make provision or give such direction not inconsistent with the express provisions of the Act or these rules as may appear to it, to be necessary or expedient fbr the removal of the cloubt or difficulty; and the order of the (iovernment" in such cases, shall be final.
By order and in the narie of the Governor of Gujarat, ilr.P,Kapadia-l Under Secretary to Government &VERNMENT CENTRAL PRT"SS, CANDH'NAGAfi ,