Policy for in-situ rehabilitation of slums situated on public

land by public-private partnership under Mukhya Mantri

GRUH (Gujarat Rural Urban Housing) Yojana.

Government of Gujarat,
Urban Development and Urban Housing Department,
Resolution No. PRC/102013/783/TH,
Sachivalaya, Gandhinagar
Dated the 18th July, 2013.

Reference:

Order No. PRCH/10/2009/3572/L of Urban Development and

Urban Housing Department, Sachivalaya, Gandhinagar, dated 4-3-2010.

Preamble:

‘Rehabilitation and Redevelopment of Slum Regulations, 2010’ had been announced

vide order dated 4-3-2010 referred above. It was under active consideration of the State
Government to make required modifications in the above regulations. In order to make
urban Gujarat slum free, Government of Gujarat has announced Mukhya Mantri GRUH
Yojana for next Five Years. About seven lakh families reside in slums in the urban areas of
Gujarat. State Government aims to accord priority to rehabilitate these slum dweller families
in -situ. Eligible slum dwellers families will be provided houses of minimum 25 sq. mtr.
Carpet area with basic civic amenities free of cost. State Government aims to achieve the
following objectives by this Policy:
1. In-situ rehabilitation of the slums situated on public land in urban areas of the State ;
2. Provision of pucca houses with basic amenities having two rooms, kitchen, bath
room and latrine for slum dwellers families
3. Ownership rights of the house to the beneficiaries after 15 years.
4. Provision of hygienic and healthy life style especially for urban poor.
5. Qualitative improvement in socio-economic and environmental conditions of towns
and cities of Gujarat.
6. Attracting private investment by public-private partnership for this purpose.

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 7. Simple and transparent policy framework to rehabilitate slums in-situ on public land
through public private partnership.

RES OLUTION
In exercise of powers conferred under section 58(2) (D) of Gujarat Slum Areas
(Improvement, Clearance and Rehabilitation) Act, 1973, the State Government declares the
following policy for in-situ rehabilitation of slums on public land in partnership with private
developers.
1. When the Prescribed Authority constituted under this Act is satisfied that
(A) Any area is a source of danger to the health, safety or morals of the inhabitants
or its neighborhood, due to area being low-lying, insanitary, squalid and over-
crowded.
(B) The houses used or intended to be used for human habitation situated in any
area are
(i) In any respect, unfit for human habitation; or
(ii) By reason of dilapidation, overcrowding, faulty planning and design of
such buildings, narrowness or faulty arrangement of streets, lack of
ventilation, light or sanitation facilities or any combination of these
factors, detrimental to safety, health or morale then such areas could be
declared as “Slum Areas” after notifying them in the state gazette.
(C) In determining whether a building is unfit for human habitation, for the purpose
of this Act, following parameters shall be considered

(i) Repairs
(ii) Stability
(iii) Damp Free Condition
(iv) Natural light and air
(v) Water supply Facility
(vi) Drainage and sanitary conveniences
(vii) Facilities for storage, preparation and cooking of food and for the
disposal of waste water.

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 And the house will be deemed to be unfit as aforesaid, if it is defective in one or
more of the above stated parameters that it is reasonably not suitable for
occupation in that condition.
2. Scope and Commencement

This policy applies to slums situated on public lands. Public land includes
Government land, land released under Urban Land Ceiling Act, land owned by
Urban Local Bodies, Urban Area Development Authorities, Public Boards,
Undertakings and Public authorities. The policy can be extended for other such land
also in future as decided by the State government.

3. Prescribed Authorities will be constituted at State and city level.

3.1 There will be at least 12 members in the Prescribed Authority for slum
rehabilitation at State level.
3.2 Functions and powers of the Slums Rehabilitation Authority at State level.
3.2.1 Decide and / or guide to resolve issues related to slum rehabilitation
with reference to the process of master planning, town planning and
land use planning
3.2.2 Formulate schemes and programs for slum Rehabilitation and regulate
its implementation.
3.2.3 Resolve issues and provide interpretation with reference to formulation
and implementation of slum Rehabilitation schemes.
3.2.4 Exercise powers and perform function of prescribed authority for all
urban areas of Gujarat State as and when required.
3.2.5 Place annual report for policy and programs before the State Legislative
Assembly.
3.3 Prescribed Authority consisting of, at least 8 members will be constituted at
city level jointly for Municipal Corporation and Urban Development Authority jas
well as jointly for Municipalities and Area Development Authority for slum
rehabilitation.
3.3.1 Powers, functions and responsibilities assigned to the prescribed
authority

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3.3.1.1 To review status of slum areas and land in urban areas, shortlist and
examine slum dwellers facilities for Slum Rehabilitation;

3.3.1.2 To demolish buildings unfit for human habitation in a slum area;

3.3.1.3 To rehabilitate and redevelop slums;

3.3.1.4 To formulate schemes for in-situ rehabilitation of slum area;

3.3.1.5 Concerned prescribed authority will be given powers to declare

identified slum areas to be slum free areas in exercise of powers
conferred by sub-clause 56(1) of Gujarat Slum Areas Act, 1973.

3.3.1.6 To get slum rehabilitation scheme implemented.

3.3.1.7 To make arrangement for sufficient parking on ground floor

3.3.1.8 To play a proactive role in facilitating the slum dwellers in formation

of Association or Societies of beneficiaries of such schemes

3.3.1.9 To partner with private sector, slum dweller community and / or

NGOs for effective implementation of slum rehabilitation schemes
and provide appropriate incentives in timely manner as prescribed.

3.3.1.10 To administer Group Housing Schemes/ cooperative Housing

Scheme for the purpose of slum rehabilitation

3.3.1.11 The Prescribed Authority may appoint experts and Committees to

facilitate effective and speedy implementation of slum rehabilitation
scheme

3.3.1.12 The Prescribed Authority will prepare and submit detailed annual
reports, giving full account of its activities, and the status of
implementation as prescribed.

3.3.1.13 The Prescribed Authority will maintain books of the accounts and
other books in relation to the business and transactions as prescribed

3.3.1.14 The Prescribed Authority will put in place effective monitoring and
evaluation systems for quality and timeliness of the slum
rehabilitation schemes with clear responsibilities and budgets.

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 3.3.1.15 The Prescribed Authority can notify any area in an urban area
occupied by slum dwellers as a slum area and further as a ‘slum
rehabilitation scheme’ for the purpose of rehabilitation of that slum,
in exercise of powers vested under section 3(1) and section 56(1) of
the Act.

4 Admissible Benefits to the beneficiaries :

4.1 The slum dwellers’ families that are living in slums on or before 1-12-2010 will
be considered as beneficiaries. A list of beneficiaries will be prepared by
implementing agencies on the basis of any two of the following four identity
proofs: Electricity Bill, Voter identity Card, Slum Survey or Ration Card.
4.2 Under this policy, the beneficiaries in slums will be given a pucca house having
minimum carpet area of 25 sq.mts with two rooms, kitchen, bath-room and
latrine free of cost, in lieu of their hutments.
4.3 The beneficiaries will be provided basic civic facilities of drinking water,
sewerage line and electricity connections. The beneficiaries will be responsible
for payment of operational and maintenance cost, property tax and any other tax
levied by urban local Self-government bodies.
4.4 Facility of Anganwadi/Health Centre having at least 50 square meters area for
each 500 houses will be provided as per norms.
4.5 The beneficiaries will be initially granted lease-hold rights for the houses
allotted to them for first 15 years and thereafter will be granted ownership
rights. However, the ownership of the land will remain with the Local Self-
government or Authorities or implementing agencies.
4.6 The beneficiaries will be given the following two options for the purpose of
rehabilitation:
4.6.1 First and for most to get house in in-situ in the slums rehabilitation
scheme.
4.6.2 In exceptional cases only, if any beneficiary, in place of the above
option, wants to opt for a house in private affordable housing scheme
and submits an application with justification in writing to the local

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 bodies then concerned local self body may accept the request and
ensure provision of a house in proposed private scheme fulfilling basic
minimum standards applicable under rehabilitation scheme. In this
case, selected developer will have to make arrangement to provide
house as per this alternative.

4.7 Registration for allotted house will be done on a stamp paper of Rs. 100/-.
4.8 If the eligible beneficiary possesses a shop in the slums, he will be eligible to
get a shop admeasuring minimum 15 sq. mtrs.

5 Rehabilitation of slums situated on public land will be done by public-private

partnership. This will be the focal point of all such rehabilitation schemes

5.1 Roles and Responsibilities of public institutions and private developers

5.1.1 State level prescribed authority for rehabilitation of slums at state level will
carry out the following functions:
(A) To function as regulator, mediator and enabler,
(B) To set up institutional structure for implementation of the Policy.
(C) To resolve issues related to interpretation and implementation of the policy.
(D) Planning and supervising rehabilitation of slums under this policy.

5.1.2 Roles and Responsibilities of Prescribed Authorities at city level will be as

under:-
(A) To prepare schemes for in-situ rehabilitation of the slums.
(B) To prepare list of families residing in slums as on or before 1-12-2010.
(C) To prescribe benchmark specifications of the scheme.
(D) To select private developers by open and transparent bidding process
(E) To provide necessary statutory clearance
(F) To assist private developers to clear the slum for in-situ rehabilitation.
(G) To provide external trunk infrastructure facilities for basic civic amenities.
(H) To execute concession agreement for slums Rehabilitation scheme with private
developers. Through this agreement, incentives, relaxation to be given to private

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 developers and roles and responsibilities of both the parties will be incorporated.
Moreover, there should be a provision to revoke the agreement as per prescribed
procedure if the targets are not achieved in due course or if there is any violation
of any objectives and achievements mentioned in the preamble.

5.1.3 Roles and Responsibilities of Private Developers:

5.1.3.1 To prepare detailed architectural and structural drawings with
planning of dwelling units including project implementation framework for
rehabilitation work.
5.1.3.2 To make available required funds for slum rehabilitation scheme.
5.1.3.3 To obtain required approval for slums Rehabilitation scheme from the
prescribed authority.
5.1.3.4 To get the slum cleared for rehabilitation of slums in-situ.
5.1.3.5 To provide a transit accommodation to beneficiaries during
implementation of the scheme and on completion of the scheme ensure the
resettlement of beneficiaries into allotted houses.
5.1.3.6 Private developers will be responsible for redevelopment of slums
5.1.3.7 To allot houses constructed under slums Rehabilitation scheme by
computer draw in the presence of beneficiaries under the supervision of
Prescribed Authority.
5.1.3.8 To provide basic amenities besides houses to the beneficiaries under
the scheme.
5.1.3.9 To assist in forming an association of the beneficiaries for the purpose
of operation & maintenance of the scheme.
5.1.3.10 To create maintenance fund @ Rs. 250/- per sq.mt. of construction
for maintenance of the scheme and transfer the same to the Association of
beneficiaries or prescribed authority.
5.1.3.11 Defect liability period of the selected private developer, for slums
rehabilitation scheme will be for seven years.

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6 Following incentives will be given to the private developers by the prescribed
authority:

6.1 Maximum permissible FSI will be 3 for the purpose of development on slum
rehabilitation plot only.

6.2 If a part of in-situ slum rehabilitation plot remains unutilized after slum
rehabilitation, it will be available to private developer for development for free
sale within the existing GDCR.

6.3 Private Developer will be given the following two rights on slum plots:

I) Development rights for the Slum Rehabilitation as prescribed for.

II) Free hold rights over the land left unutilized after rehabilitation of slums

6.4 Exemption from applicable municipal and revenue charges may be given to
private developers for the slum rehabilitation work only. However all municipal
and revenue charges applicable over the land left unutilized after slum
rehabilitation and developed for profit will be payable by the private developer.

6.5 Relaxation given in sub-rules for construction, for in-situ Rehabilitation of

slums will apply to every zone, other than restricted zones.

7 Prescribed authority will select private developers as under by open and

transparent procedures :

7.1 Selection of private developers will be made by open and transparent process
and model tender document including pre-qualification criteria, will be provided
by State Level Prescribed Authority.
7.2 Selection of developers will be on the basis of two bid system. They will be
screened technically first. Thereafter evaluation of financial bids of technically
qualified developers will take place for price of the Slum Rehabilitation Scheme
payable by the Prescribed Authority in terms of transferable development rights.
The developer quoting minimum price will be selected.

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 7.3 Financial bid will be given, as under, by private developers.
7.3.1 Total price for the entire scheme of slum rehabilitation will be calculated
which includes cost of construction, estimated cost of transit
accommodation, coverage of risks and developer’s margin all together.

7.3.2 In case as per bidders’ estimation, a part of slum rehabilitation plot remains
unutilized after slum rehabilitation, the bidders will quote the net premium
for such balance land to be paid to the Prescribed Authority after adjusting
the cost of Slum Rehabilitation Scheme. If the quoted land premium is
negative, then it will be payable in terms of Transferable Development
Rights by the Prescribed Authority.
7.3.3 Where selected developers quotes amount to be paid by the prescribed
authority, transferable developmental rights equivalent to such bid of the
developer will be given by the prescribed authority.
7.4 On sanction of the project, the Prescribed Authority will appoint a third party
consultant to supervise the quality and timely execution of the project.
7.5 Any contemporary building, technology with assured quality, speedy implementation,
durability, reduced maintenance cost will be permitted. For this purpose, necessary
certificates will be obtained for structural stability, material testing and applicability of
the technology. The construction will be as per prevalent G.D.C.R. for structural
safety and outer walls of the house will be as per National Building Code (NBC).

8 Transferable Developmental rights :

8.1 Transferable Developmental rights means transfer/trade/sale of developmental

rights from one land to another land. Such rights will be given in the form of
certificates showing time-limit and price by Local Self-government or
Development authority. Such rights will be given according to building
byelaws or guidelines issued by the State Government from time to time in this
regard.
8.2 Transferable Developmental rights equivalent to the price quoted by the
selected developer for slums rehabilitation scheme will be given to the
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 developers by the implementing agency. Such transferable development rights
can be used in any zone except restricted zones. It can be transferred into
schemes approved under township policy as well as hotels and hospitals policy
of the state.
8.3 Developmental rights can be transferred within the region of the respective
development plan.
8.4 The land which is located on the roads having 18 meters or more width will be
allowed height of construction up to 70 meters.
8.5 In order to get height of construction shown in para 8.4, transferable
developmental rights can be transferred on the recipient lands as per the FSI
required to achieve that height in addition to free FSI admissible in that zone.
8.6 Transferable developmental rights can be adjusted against chargeable F.S.I. for
the recipient lands.
8.7 If there is requirement of additional F.S.I. over and above (Free + chargeable)
admissible F.S.I. on recipient lands, transfer of developmental rights will be
made pro-rata according to prevalent Jantri rates of the recipient land. For such
pro-rata transfer, unit value of original TDR = (Total amount of approved
bid/total construction) will be calculated. For the purpose of transfer of
developmental rights, Jantri price will be frozen as on date of price quoted for
the Slum Rehabilitation scheme.
8.8 Generally transferable developmental rights will be transferred in parts or
whole only once
8.9 Such transferable developmental rights will have to be utilized within
maximum period of seven years from the date of issue of work order for slum
Rehabilitation scheme.
8.10 Transferable developmental rights will be given in the multiples of completed
construction of 50 houses under slums rehabilitation scheme. Last part of
transferable developmental rights will be given only after the submission of
completion certificate for slums Rehabilitation scheme.
8.11 On completion of slums Rehabilitation scheme, the prescribed authority will
issue completion certificate for scheme only on producing allotment details of

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 houses to beneficiaries, their registration and Building Use certificate to the
implementing agency
8.12 Transferable developmental rights will be exempted from stamp duty.

9 Participation of slum-dwellers :

9.1 Slum community participation will be ensured at every stage of implementation

of Slum Rehabilitation Scheme for effective planning and implementation by
the selected developer. NGOs/CBOs may be engaged by the developer for
participation of slum community and their smooth rehabilitation. Community
participation will be sought in following manner

9.1.1 Co-operation will be obtained in Mapping, Survey, registration and

creation of database leading to preparation of Slum rehabilitation
scheme.
9.1.2 Micro-planning during preparation of Slum rehabilitation scheme will
be done with their co-operation.

9.1.3 Community based organizations at the slum level will be formed for
implementation and operation and maintenance of the Slum
Rehabilitation Scheme.

9.1.4 The private developers will ensure that when the beneficiaries occupy
their new homes in slums Rehabilitation scheme, they adopt improved
healthy and responsible life style with the help of non-governmental
organizations/community based organizations

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10 Allocation of houses :
10.1 Selected developers will allot the houses constructed under slums
Rehabilitation schemes to eligible slum dwellers by computerized draw in their
presence and under supervision of the implementing agency.
10.2 Ownership rights of the allotted houses will be in the joint names of spouses
and stamp duty registration and property cards will be maintained accordingly.
10.3 Development Authority/Urban Local Self-government/Implementing
Agency will be the owners of the land.
10.4 After completion certificate for slum rehabilitation scheme is issued by the
prescribed authority, the developer will hand over its operations & maintenance
to the association of slum-dwellers or implementing agency.
11 Following relaxations will be given in building bylaws for in-situ rehabilitation
scheme of slums :
11.1 Length of the house will coincide with expansion joint as per requirements.
11.2 After leaving the place of margin, remaining place will be used for slum
rehabilitation scheme.
11.3 Following margins will apply for the purpose of slums Rehabilitation.
Width of the road Road side Height of building Margin other than
margin (mtr) road side
Upto 9 meters 3.0 10 meters including 2.5 meters
silt
9 and from 9 to 12 4.5 15 meters including 3.0 meters
meters silt
12 and from 12 to 6.0 15 meters 3.0 meters
18 meters
18 and from 18 to 7.5 15 to 25 meters 4.0 meters
30 meters
30 and from 30 to 9.0 25 to 45 meters 6.0 meters
40 meters
40 and more than 12.0 45 to 70 meters 8.0 meters
40 meters

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 11.4 Relaxation will be given in the margin to be maintained from common plots
to the building. According to the prevailing rules, margins of 3 meters
and 6 meters are necessary in the buildings having height of 25 meters and
more than 25 meters respectively. Taking into consideration the
circumstances of the case, 2.00 meters margin will be approved for the
buildings having height upto 25 meters.
11.5
(i) No lift is required for 30 dwelling units; but if number of units exceed
30, then additional lift will be required for every 30 units ( or part);
(ii) Apart from aforesaid (i), if the height of building exceeds 25 meters,
an additional lift will be installed.
11.6 Minimum of 200 sq. meters or 8% area of building units, whichever is more
will be reserved for a common plot.
11.7 On the plot of slums Rehabilitation, surplus land remaining after Rehabilitation
will be considered as separate plot. Approval up to 70 meter of height will be
given taking into considerations factors like width of road and margin on
recipient land rather than applicable height in the respective zone.
11.8 G+3 type houses will be constructed on the roads having 9.0 meters width or
less, G+5 type houses on the 9.0 to 18.0 meters wide roads and building height
will be as per prevailing G.D.C.R. on more than 18 meter wide roads.
Responsibility of repairs and maintenance of lift will be with the developers for
seven years. Then, the developer will deposit necessary fund in this regard
with the concerned local self-government.

12 Following relaxations will be given in building byelaws for recipient land.

12.1 Except restricted areas, developmental rights can be transferred to the

proposals approved under Hotel and Hospital Policy as well as Township
Policy of the State government.
12.2 If the width of road is 18 meters or more, height of the building upto 70
meters will be permissible.

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 12.3 Ground coverage will be net of margin. The plot-margin can be kept as per
building bylaws proposed in the chapter on “Affordable Housing” DP-2021
of AUDA.
12.4 For the surplus land available after slum Rehabilitation, provision other than
above will be applicable as per AUDA Development Plan- 2021.

This is issued with the concurrence of noting dated 6-7-2013 of the

Finance Department on this Department file of even number.

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

Sd/-
(Uma Vyas)
Section Officer,
Urban Development and Urban Housing Department.

Copy to:
The Personal Secretary to the Hon’ble Governor (by letter)
The Secretary to the Hon’ble Chief Minister, Sachivalaya, Gandhinagar.
The Personal Secretary to Hon’ble Minister for Urban Development, Sachivalaya,
Gandhinagar.
All the Hon’ble Ministers, Sachivalaya, Gandhinagar.
The Personal Secretary to the Principal Secretary, All Departments in Sachivalaya,
Gandhinagar.
The Personal Secretary to the Principal Secretary, Urban Development & Urban Housing
Department, Sachivalaya, Gandhinagar.
The Personal Secretary to the Principal Secretary, Social Justice & Empowerment
Department, Sachivalaya, Gandhinagar.
The Personal Secretary to the Principal Secretary, Tribal Development Department,
Sachivalaya, Gandhinagar.
The Personal Secretary to the Addl. Chief Executive Officer, G.U.D.M., Gandhinagar.

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The Personal Secretary to the Secretary (Housing), Urban Development & Urban Housing
Department, Sachivalaya, Gandhinagar.
The Dy. Secretary (Housing), Urban Development & Urban Housing Department,
Sachivalaya, Gandhinagar.
The Under Secretary, Urban Development & Urban Housing Department, Sachivalaya,
Gandhinagar.
The Housing Commissioner, Gujarat Housing Board, Ahmedabad,
The Municipal Commissioner, All Municipalities,
The Directors of all Municipalities, Gujarat,
All the Urban Development Authorities,
All the Area Development Authorities,
The Team Leader, GUDM, Gujarat,
The Project Specialist (GUDM), Gujarat.

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