Public Works, Cooking Gas 👁️ 17
Common Policy related to laying of City Gas Distribution Network (CGDN) through different roads in the State of West Bengal.
GOVERNMENT OF WEST BENGAL
Public Works Department
‘NABANNA’ (8th floor),
325, Sarat Chatterjee Road, Howrah – 711 102
No. 432-W(C)/1M-40/2022 Dated: 26/07/2023
NOTIFICATION
Sub: Common Policy related to laying of City Gas Distribution Network (CGDN) through different roads in the State of West Bengal.
The Governor of West Bengal is pleased to notify the Policy guidelines governing grant of permission, levy of restoration charges and determination of land use charges for Right of Use (RoU) of Way for the State Government Departments/ Local Bodies/ State Authorities land for laying of City Gas Distribution Network (CGDN) to licensed entities/ firms/ companies which have been awarded the work of laying of gas pipelines network in the State of West Bengal, as following:-
1.1 At present Liquefied Petroleum Gas (LPG) is being delivered from filling stations to door to door householders through a road transport system which causes traffic pressure on the road and adversely affects the environment. The supply of Piped Natural Gas (PNG) through the underground pipeline will have a favourable effect on the environment and the supply of cheap and safe fuel will be accessible to the public. Keeping in view of the public interest and environmental compatibility, the Petroleum Natural Gas Regulatory Board (P.N.G.R.B.), is providing facilities for the development of CGDN to the authorized licensed entities/ firms/ companies.
1.2 The CGD Network primarily consists of Steel Pipeline (High Pressure line) and Medium Density Polyethylene (MDPE) pipeline (Medium and Low Pressure line) spreading over the entire district. Steel pipeline network in a district normally covers about 100 to 150 km whereas MDPE pipeline network covers in the range of 1000 to 1500 km as it is laid along all the lanes and by-lanes.
1.3 The licensees who have been awarded the work of laying of gas pipelines in the State of West Bengal by the Petroleum & Natural Gas Regulatory Board (PNGRB)/ Competent Authorities are approaching the State Government Departments and Local Bodies for grant of NOCs/ Approvals/ Clearances. In the absence of any definite Policy in this regard, they are facing a lot of hardship. Different departments are dealing with their applications in a different way and there is no uniform policy even amongst the different offices of the same department. Accordingly, the State Government feels that there is a need for a simple and uniform policy in this regard.
The policy would be applicable to all the State Government Departments/ Local Bodies/ State Authorities which are approached for grant of NOC/ Approvals/ Clearances by the licensees who have been awarded the work of laying of gas pipelines network and also to all the licensees who have been awarded the work for laying of gas pipelines network within the State of West Bengal.
2.1 Any authorized licensee of the Petroleum and Natural Gas Regulatory Board is eligible to seek/ avail RoU facility/ permission. However, enforceability of the permission so granted shall be restricted to the extent of provisions/ scope of service contained/ defined in the license agreement of that licensee and for the purpose for which it is granted subject to compliance of the terms and conditions fixed by Government of India or any Competent Authority from time to time.
2.2 Either by content or by intent, the purpose of extending RoU facility/ permission is not to enhance the scope of license of a licensee and such RoU permissions shall be only enabling in nature.
2.3 For granting permissions, a Single Window Mechanism shall be notified by the Government Departments/ Local Bodies/ State Authorities. The applicant may apply at the Single Window or directly with the concerned Departments/ Local Bodies/ State Authorities for availing RoU facility/ permission.
2.4 The responsibility to obtain No Objection Certificate from various Departments and Authorities, other than the State Government as and when required, shall be of the applicant licensee.
2.5 If the pipeline is laid through the Forest area then obtaining a separate No Objection Certificate, if required, from the Forest Department is the responsibility of the applicant licensee in spite of the road belonging to the State Government Departments/ Local Bodies/ State Authorities.
2.6 This policy is being framed for giving NOCs/ Approvals/ Clearances for laying of Gas Pipelines. For installing CNG Station, Storage Facilities, Pumping Station etc. the licensee shall separately obtain NOC from the district administration/ concerned authorities after following due procedure.
3.1 Documents to be submitted:
3.1.1 For obtaining RoU facility/ permission, the licensee will submit Common Application Form (CAF) or application in the prescribed format along with a locality wise Google Earth Map/ Auto CAD map in “shp” format or in “kmz” format with detailed description of location, route plan, relevant details of the land with property ownership on which gas pipelines are to be laid, work plan (area-wise and time-wise) and methodology to be used for laying the gas pipelines i.e. Horizontal Directional Drilling (HDD) technology or open trenching or both, will be submitted along with application.
3.1.2 Information regarding the depth and length of trench, dimensions (length, width and depth) of land (cross section) required for laying gas pipelines or any other details/ specifications required by the relevant Authority will also be provided.
3.2 The applicant licensee will submit the following Undertakings:
3.2.1 During laying of the pipeline, the applicant licensee will take all precautionary measures for the safety of the road so that further damages are not escalated and also will take precautionary measures for the safety of vehicles and road users.
3.2.2 In future while the gas pipeline will be operational the applicant licensee will be fully liable for any hazards due to leakage of gases or any damages on the gas pipeline. The applicant licensee will mend up the damages at their cost and bear the necessary compensation in this regard.
3.2.3 The applicant licensee will submit any other particulars, if the permission issuing body wants for the interest of issuance of permission.
3.3 The applicant shall submit prescribed number of hard copies of the application along with a soft copy in case of “off line application”.
4.1 Joint survey to be carried out with the authority while finalizing the gas pipeline alignment. GPR survey may be carried out only on selected stretches when there are a lot of underground utilities. As necessary, trial pits should be made to verify the findings and finalize the route.
4.2 In Kolkata Municipal Corporation area trial trench may be done before laying of pipelines. 4.3 The limits of Public & Private Land and the limit of carriageway & sidewalks may be demarcated as required with the help of the concerned land departmental officers of the district.
4.4 In case of any ambiguity/ problem, the District City Gas Monitoring Committee (DCGMC) will have the authority to provide all necessary support.
4.5 The applicant licensee to be indemnified from any leakage/ fire etc. caused due to damage or mishandling by 3rd party. The applicant licensee will repair the same by charging necessary cost to the 3rd party.
4.6 For crossing the CGD pipelines, respective utility Service provider need to obtain prior permission from the CGD Entities.
4.7 Permission granted to the applicant licensee will not be transferable and will be valid only for the period for which license has been granted.
4.8 The State Government Departments/ Local Bodies/ State authorities shall not be responsible for any damages/ claims towards laying of gas pipelines and resultant losses, if any, during the execution of the work course of official duty by any of their employees.
5.1 For laying of gas pipelines, the Land use charges, Restoration Charges, Supervision Charges, Security Deposit and Application fees from 01.04.2023 shall be taken as under:
| Locality | Land use Charges (one time for 1st block of 15 years) | Permanent Restoration Charges | Supervision Charges | Bank Guarantee towards Security Deposit for laying of gas pipelines | One Time Registration Charges/ Application fees |
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 |
| (i) Other than Kolkata Corporation area | Rs. 150/- per meter. | As per estimate prepared by the concerned Officers and vetted by competent Officers of the respective State Government Departments/ Local Bodies / State Authorities. | Nil | Rs. 50/- per running meter + Rs. 5000/- per Valve Pit/ Valve Chamber. | Nil |
| Additional Rs. 1000/- per Valve Pit/ Valve Chamber. | Nil | Nil | |||
| (ii) Kolkata Corporation area | Rs. 200/- per meter. | Nil* | Nil | ||
| Additional Rs. 1500/- per Valve Pit/ Valve Chamber. | Nil* | Nil |
Note:
* The Restoration cost for works executed under direct supervision of Kolkata Municipal Corporation shall be as per KMC budget schedule including supervision charges @ 25% of restoration cost.
5.2 The licensee shall be liable to pay any other charges i.e. Utility shifting charges etc as prescribed by the concerned State Government Departments/ Local Bodies/ State Authorities from time to time.
5.3 Permanent Road Restoration and Rehabilitation:
The Licensees will have two options as regards to permanent road restoration & rehabilitation. The restoration work can be carried out by the licensees themselves or they can get this work done through the concerned State Government Departments/ Local Bodies/ State Authorities.
5.3.1 In case, licensees choose to carry out the restoration & rehabilitation work themselves, they would submit ‘Performance Bank Guarantee’ equal to the amount as described in para 5.1 column 3 against the restoration charges and rehabilitate the site/ infrastructure to its original condition at their own cost as per the drawings and specifications approved by the concerned State Government Departments/ Local Bodies/ State Authorities. The applicant licensee shall complete the work of laying gas pipelines including restoration & rehabilitation thereon within permitted period and methodology as allowed by the concerned Authorities while issuing NOCs/ Approvals/ Clearances. Needless to mention, the work would be carried out under the supervision of the State Government Departments/ Local Bodies/ State authorities. After successful completion of the restoration work the above ‘Performance Bank Guarantee’ shall be released in favour of the applicant. The licensee shall be responsible for the restoration and rehabilitation works during the defect liability period which shall be three years. In this case as security money @ 10% of the restoration cost shall be kept till defect liability period of the work is over. For this purpose the applicant shall submit separate Bank Guarantee @ 10% of restoration cost as described in para 5.1 column 3. Inspections shall be carried out by respective State Government Departments/ Local Bodies/ State Authorities within the defect liability period and in case any defects/ damages are observed, the same shall be rectified by the licensee at its own cost.
5.3.2 In the alternative, Licensees can deposit the restoration & rehabilitation charges as described in para 5.1 column 3 and the work would be done through the concerned State Government Departments/ Local Bodies/ State Authorities.
5.3.3 In case the licensee applies at ‘Single Window’, the charges payable by the licensee towards the Right of Use of way for the land for laying of gas pipeline shall be raised by the ‘Single Window’ and got deposited by the licensee at the ‘Single Window’. The land use charges, restoration charges and the Bank Guarantees, as the case may be, shall be transferred to the concerned Departments/ Local Bodies/ State Authorities under whose jurisdiction the Right to Use of Way falls.
5.4 Procedure to be adopted for calculation of road restoration charges:
5.4.1 The permanent restoration charges shall be calculated in such a manner so that the road becomes in its original condition after completion of pipe laying work. Such, if the road was in earthen condition, after completion of pipe laying it will be earthen, if the road was in hard shoulder condition, after completion of pipe laying it will be in hard shoulder condition, if the road was in black topped condition, after completion of pipe laying it will be in black topped condition as per IRC guidelines.
No restoration charges shall be levied, if the pipeline is laid on the pure earthen flank (i.e. flank is made only by earth)
5.4.2 For calculation of restoration cost for the pit on hard shoulder/ black topped surface, an extra 5 meter length may be added with the proposed valve pit/ valve chamber length and overall width shall be such that one roller can move freely during restoration work. So far the open cut system, overall width shall be such that one roller can move freely during restoration work. Restoration cost for the pit will be calculated considering the entire valve pit/ valve chamber being filled up by coarse sand/ stone dust except top 400 to 600 mm where GSB/WMM/WBM, DBM/BM, BC/SDBC/PC & SC/Mastic Asphalt will be considered. Restoration cost for open cut area will be calculated as per site condition.
The full name of abbreviations:
GSB: Granular Sub Base, WMM: Wet Mix Macadam, WBM: Water Bound Macadam, DBM: Dense Bituminous Macadam, BM: Bituminous Macadam, BC: Bituminous Concrete, SDBC: Semi Dense Bituminous Concrete and PC & SC: Premix Carpet & Seal Coat.
6.1 The applicant licensee will submit the application through Single Window Mechanism. If Single Window Mechanism is not available for any Local Bodies/ State Authorities, then applicant licensee will submit the application through off line to the Local Bodies/ State Authorities.
6.2 After receiving the application from the applicant licensee, the Permission Issuing Authority of the State Government Departments/ Local Bodies/ State Authorities will scrutinise the proposal and will make an arrangement for joint inspection with the authorised
6.3 If the proposal/ application fulfils the requirements, the Permission Issuing Authority will take endeavour to issue requisition for fees including cost of permanent restoration within next 14 days to the applicant licensee for deposition the same, otherwise he will issue a letter to the applicant licensee for compliance the shortfalls.
6.4 After due compliance by the .applicant, the Permission Issuing Authority will take endeavour to issue requisition for fees;
6.5 The permission shall be granted within 7 days from the receipt of required fees. In case of delay beyond the specified period, the superior authority would issue permission without further reference to the original authority provided proof of payment and delay are produced. 6.6 If the permission is not granted within 15 (fifteen) days from the date of deposition of fees, the applicant licensee may raise the issue with the State Nodal Officer. The State Nodal officer will dispose of the application and will take necessary steps for granting the necessary permission within 14 days.
6.7 Before starting the pipe laying work the applicant licensee will make an agreement with the Permission Issuing Authority on Indian Non Judicial Stamp Paper and the applicant licensee shall submit an Indemnity Bond to the Permission Issuing Authority. The format of agreement and Indemnity Bond shall be available at the Single Window Mechanism.
6.8 If the application is received for laying of pipeline on the road which is under defect liability period (DLP), the Permission Issuing Authority shall take endeavor with his department/ competent authority for waiver of DLP for the said stretch and after obtaining necessary concurrence for waiver of DLP from the competent authority, the Permission Issuing Authority will issue NOC.
6.9 If the application is received for laying of pipeline on the road where road work is going on, the Permission Issuing Authority shall brought it to the notice of his department/ competent authority and after obtaining necessary concurrence from the competent authority, the Permission Issuing Authority will issue NOC.
7.1 Responsibility of public safety shall lie with the licensee during establishment or post establishment of laying of CGDN, during its maintenance or other related activities. The licensee shall take all necessary safety steps & measures while executing the work and the licensee will indemnify the Local Authority against any accident and damage caused to life and/ or property during execution and post execution.
7.2 In case of any damage to the essential services i.e. water supply, sewerage system and telecommunication lines, electricity supply etc. it will be the responsibility of the licensee to get the services restored from the concerned Service Provider at earliest and the cost so incurred would be borne by the applicant licensee. With respect to the cost incurred on the restoration of essential service, the decision of the concerned State Government Departments/ Local Bodies/ State authorities shall be final.
7.3 The licensee shall abide by all the safety standards and measures as highlighted by the Petroleum and Natural Gas Regulatory Board/ Competent Authority as per terms and conditions of NOC/ Approvals/ Clearances.
7.4 The licensee shall give displaying notice at site before starting the execution of work.
7.5 Where the gas pipeline will be laid through an open cut system, proper barricading of that area as well as proper shoring will be done and the work will be executed in such a way that minimum difficulty is faced by the traffic. The road safety and security shall be ensured by the applicant licensee as per IRC guidelines.
7.6 The licensee shall be solely responsible for any accident or damage due to his act, omissions or negligence.
8.1 Permission for RoU for laying of CGDN may be denied at locations where it may cause disruptions in services and facilities. In that case, alternate feasible Pipeline routes to be facilitated for pipeline continuity by Permission Issuing Authority.
8.1.1 The diameter of the pipe as well as type of the pipes to be used to the end user shall be in conformity with the PNGRB Guidelines.
8.1.2 While transportation of pipes and machineries through the roads under Panchayat & Rural Development Department, if any damages occur, the applicant licensee will mend up those damages at their own cost.
8.2 Laying of pipeline by canal side/ kutcha road/ village road/ irrigation ditch/ less busy road instead of busy major roads & highways, would be preferred wherever technically feasible. Under unavoidable circumstances, laying of pipelines over the busy major roads & highways may be considered through the extreme end of Right of Way (ROW) of the busy major roads & highways causing minimum hindrance to the traffic.
8.3 If it is impossible to lay pipeline along the extreme end of Right of Way (ROW) of the road, pipeline may be laid along the earthen flank/ flank made of moorum, brick bats etc. The depth of top of the pipeline should be decided jointly with the field officers of the department.
8.4 If 8.2 and 8.3 are not feasible then to avoid the cut and cover method on the black topped road (i.e. metal road) to the extent feasible, the applicant licensee shall use trenchless technology for laying the pipeline through the black topped road and the proposal will be prepared accordingly. The depth of the top of the pipeline from the existing black topped level should be decided jointly with the Officers of the State Government Departments/ Local Bodies/ State Authorities for safety of road and considering future pressure of vibration during re-sectioning work. High Quality pipes and their proper joints should be used by the applicant to arrest any leakage of pipe to avoid inconvenience of road users.
8.5 In exceptional cases, if trenchless technology is not feasible, the applicant licensee may approach the State Government Departments/ Local Bodies/ State Authorities for excavation of existing black topped road (i.e. metal road). Where the gas pipeline will be laid through an open cut system, proper barricading of that area as well as proper shoring will be done and the work will be executed in such a way that minimum difficulty is faced by the traffic. The road safety and security shall be ensured by the applicant licensee as per IRC guidelines.
8.6 In case of permanent road restoration work executed by the State Government Departments/ Local Bodies/ State Authorities, the applicant licensee shall execute the temporary restoration work in such a way that vehicular traffic can ply over it safely immediately after laying of pipe. Permanent restoration shall be undertaken by the State Government Departments/ Local Bodies/ State Authorities out of road restoration cost which is deposited by the applicant licensee when Permanent restoration work will be executed according to para 5.3.2. Permanent restoration work shall be undertaken in the field preferably within a month after completion of laying of the gas pipeline for which the State Government Departments/ Local Bodies/ State Authorities shall make necessary tender formalities beforehand.
8.7 In case of laying of pipeline over any Water Body or River, the applicant licensee shall not lay the pipes on the structures like Bridges, Flyovers etc. to cross the Water Bodies. The applicant will lay pipelines through water bodies by constructing separate structures.
8.8 Permission shall be given subject to conditions as are in the public interest and which ensure public safety and public convenience. The permission for laying of gas pipelines will be effective only for the period for which it is granted. Due to any unavoidable reasons, the proposed work remains incomplete within the given period and then the period can be extended by the Permission Issuing Authority on receipt of the application from the applicant for granting extension of time citing valid reasons.
8.9 The installation of chamber/ pole markers shall not be permitted at such places where there is obstruction and obstruction of visibility for traffic.
8.10 In case of dispute with other utility service providers, the alignment of the gas pipeline will be fixed by the Permission Issuing Authority. Entire cost for change in alignment will be borne by the applicant licensee and for this purpose the applicant licensee will not claim any compensation.
8.11 Para No.8.10 will be applicable only during the execution of a new CGDN pipeline with the existing service providers. However, any dispute arising in future after while the CGD network is in service, with other service providers (e.g. electricity board, telecom, water etc.) who may be new entrant in the same area, the cost for change of shifting of CGD pipeline & necessary restoration cost to be borne by that new entrant service provider to the CGD applicant licensee.
8.12 During execution of up-gradation/ widening/ maintenance of the road, movement of heavy machinery in the vicinity of the laid gas pipeline shall be operated carefully.
8.13 The applicant licensee will use the steel pipes conforming to the standards ASME B31.8, API RP 1102 & PNGRB guidelines. Also the applicant shall take all precautionary and safety measures as per T4S Guidelines of PNGRB during the laying operation and while the gas pipelines are in operation.
8.14 In case of any shifting/ alteration/ encasing of pipelines is required due to widening of road/ construction of road or any other structure (Flyover/ Bridge etc.), the same shall be done by the licensee at its own cost within a specified period fixed by the concerned State Government Departments/ Local Bodies/ State Authorities.
9.1 Sectionalising valves are to be mandatorily provided in the CGD pipeline network as per T4S Guidelines of Petroleum & Natural Gas Regulatory Board as a safety measure to contain the impact of any possible Natural Gas leakage or Fire by isolating and safely venting the affected section.
9.2 Sectionalizing Valve pits/ Valve chambers of Steel network in CGD are designed to accommodate isolation valves & tap-offs at specific locations as mandated, by T4S Guide lines of PNGRB. The valve chamber size varies, depending upon the pipeline diameter.
9.3 For steel lines, the valve chamber sizes are of varying dimensions from minimum of 2.5 m X 2 m (L X W) to 4.5 m X 2.5 m (L X W) for CGD entities in West Bengal with a minimum depth of about 2.1 metre.
9.4 For MDPE lines, valve chambers of size 1.5mX1.5m(LX W) are to be considered with a minimum depth of about 2.1 m.
9.5 The location of the valve chambers are normally selected beyond the shoulder of the road, however in rare cases valve chambers may be located on the shoulder or black top. Therefore to cater the maximum load of vehicles, the valve pits are designed as per IRC-6 Code, Annexure A (Clause No 201.2), Vehicle Class 40R, Max. Single Axial Load 16 MT (Carriage weight 25 MT) and accordingly designed the Slab cover for Valve pits. RCC Grade M25 is considered as per IS 456 for design.
9.6 For steel lines, the inter-distance of successive sectionalizing valves is as per PNGRB guide lines and should be maximum 3 km within Municipal Limits. However, beyond Municipal Limits the Steel Pipeline should be considered based on Natural Gas cross country pipeline Location Class 4, which is maximum 8 km.
9.7 For MDPE lines, the inter-distance of successive sectionalizing valves should be maximum 1 km as per PNGRB guidelines.
10.1 If the applicant licensee makes delay for laying of gas pipelines and did not complete the pipe laying operation including temporary restoration within the justified extended time, penalty @ 1% of the Bank Guarantee amount per day will be levied from the applicant subject to maximum of the 50% of the total Bank Guarantee amount. The applicant licensee shall deposit this amount separately to the concerned State Government Departments/ Local Bodies/ State Authorities. If the applicant did not complete his assigned work within 60 days after justified extended time, the Bank Guarantee of para 5.1 column 5 will be forfeited.
10.2 The site or surface of road/ streets will be restored to its original position by the licensee in case they exercise as per para 5.3.1 at their own cost as per the drawings and specifications approved by the concerned authorities under the supervision of the State Government Departments/ Local Bodies/ State Authorities concerned to its satisfaction. In case the licensee fails to do so, the Performance Bank Guarantee will be forfeited and the said work will be executed by the concerned State Government Departments/ Local Bodies/ State Authorities at the cost of the licensee. Similarly if the licensee fails to rectify damages during defect liability period the security money @ 10% of the restoration cost will be forfeited and the said work will be executed by the concerned State Government Departments/ Local Bodies/ State Authorities at the cost of the licensee.
10.3 When permanent restoration was done by the State Government Departments/ Local Bodies/ State Authorities, then penalty for delay in execution of restoration work shall be as per contract agreement between the agency and the concerned authority of the State Government Departments/ Local Bodies/ State Authorities
11.1 Licensee will give a notice of 15 days with route details prior to trenching for Plan maintenance/ repair works of the already laid existing pipelines.
11.2 Work should be executed phase wise without interrupting the traffic. Prior permission from the district administration for traffic management shall have to be obtained by the licensee.
11.3 In case of any dispute between the licensee and the State Government Departments/ Local Bodies/ State authorities, the Administrative Head of the concerned State Government Departments/ Local Bodies/ State authorities will be final Authority for settlement of such dispute and such decision will be binding on both the parties.
11.4 On Emergent situation, Repair Work/ Maintenance of already laid gas pipelines have to be done on an urgent basis by the applicant licensee in view of safety. The applicant licensee will start the work by informing the concerned area officer and after completion of such emergent work including temporary restoration; the final restoration work will be done by the State Government Departments/ Local Bodies/ State authorities at the cost of the service provider.
11.5 The applicant will submit as built drawings of completed work
12.1 The temporary restoration for point No. 8.2 scenario may be with the excavated earth and necessary compaction may be done manually. Restoration charges shall not be levied at all.
12.2 As per point No. 8.3, if the pipeline is laid along the earthen flank (outside the road shoulder) in that case restoration charges shall not be levied. The applicant licensee will restore it to the original condition with the excavated soil/ earth and will do necessary compaction.
12.3 For point No. 8.4 (Trenchless Technology below black top/ metal road): In this case restoration cost for pits is to be considered.
12.4 For category 8.5 (open cut on black top/ metal road) restoration cost shall be levied. If coarse sand is considered in the temporary restoration procedure, the same shall be excluded from the cost of permanent restoration charges.
13.1 The State Government Departments/ Local Bodies/ State Authorities will declare the designation and office address of the Permission Issuing Officer/ Authority.
13.2 The permission for keeping the gas pipeline within the ROW shall be granted for a period of 15 years. This permission may be renewed on the satisfactory performance of the applicant licensee after every 15 years after deposition of land use charges as prevailed at that time.
13.3 The grant of permission shall be subject to the requirement of permitted land by the Government for the purpose of development of State Highways and other Roads. In case such a requirement arises at any time during the permit period, the Government will revoke the permission without being liable for disruption of services in any way.
13.4 The permission granted shall not be deemed to create any tenancy or right or interest in favour of the applicant licensee.
13.5 The permission shall be subject to the fulfillment of the following conditions also:
13.5.1 No permit holders shall claim exclusive right on the ROW and any subsequent user will be permitted to use the right of way, either above or below, or by the side of the utilities laid by the first user, subject to technical requirements being fulfilled. Whether the technical requirements are fulfilled or not, shall be decided by the State Government Departments/ Local Bodies/ State Authorities in their sole discretion. In case of any disruption/ damage caused to any existing user by the subsequent user, the Government would not be accountable or liable in any manner whatsoever.
14.1 The Joint Secretary of Industry, Commerce & Enterprises Department, Public Works Department, Panchayat & Rural Development Department, Urban Development & Municipal Affairs Department, Forest Department, Environment Department, Public Health Engineering Department & Power Department shall be the State Level Nodal Office. In case of any delay in permissions/ approvals beyond the timeline prescribed in this order; the applicant licensee may escalate the same to State Level Nodal Officer.
14.2 The District Magistrate shall be the District Nodal Officer. The District Nodal Officer shall discharge the duties under this order ensuring swift and timely approvals.
14.3 The Commissioner or Executive Officer, as the case shall be the Additional Nodal Officer, of a Municipality within the territorial limits of that Municipality, except for the properties belonging to any department, Co-operative body, Autonomous body or a PSU of the State Government.
14.4 The Secretary of an Urban Improvement Trust or a Development Authority, as the case shall be the Additional Nodal Officer in the urban area under the jurisdiction of that Trust or Authority (excluding the Municipal area), except for the properties belonging to any department, Co-operative body, Autonomous body or a PSUof the State Government;
14.5 The senior most officer of the Cooperative body, Autonomous body or a PSU posted in the District shall be the Additional Nodal Officer for the properties belonging to that Cooperative body, Autonomous body or a PSU, as the case may be.
14.6 The Executive Engineer of the line department(s) shall be the Additional Nodal Officer within His jurisdiction.
14.7 The Additional Nodal Officer shall assist the District Nodal Officer as per requirement.
15.1 There shall be a District City Gas Monitoring Committee (DCGMC) in each district and A State City Gas Monitoring Committee (SCGMC) in the State. The committee shall monitor the permission/ issues on a monthly basis involving all CGD Entities.
15.2 District City Gas Monitoring Committee (DCGMC): The DCGMC will comprise of the members as mentioned below, the Chairman of DCGMC is authorised to co-opt any one expert as necessitated:
| i. | District Magistrate | Chairman |
| ii. | Superintendent of Police | Member |
| iii. | Executive officer of Municipalities | Member |
| iv. | CEO/ EO/ Secretary of the Development Authority/ Planning Authority | Member |
| v. | Additional District Magistrate, Zilla Parishad | Member |
| vi. | Representative of the Pollution Control Board | Member |
| vii. | Superintending Engineers, PWD | Member |
| viii. | Superintending Engineer, P&RD/ WBSRDA | Member |
| ix. | Superintending Engineers, PHED | Member |
| x. | Superintending Engineers, WBSEB/ CESC | Member |
| xi | District Forest Office, Forest Department | Member |
| xii. | Representative of the Authorised Entity | Member |
| xiii. | Additional District Magistrate (LR) | Member Secretary |
15.3 State City Gas Monitoring Committee (SCGMC): The SCGMC will comprise the following members. However, the Chairman of SCGMC may co-opt any two experts/ officers as necessitated.
| i. | Additional Chief Secretary/ Principal Secretary/ Secretary, Public Works Department | Chairman |
| ii. | Additional Chief Secretary/ Principal Secretary/ Secretary, Industry, Commerce & Enterprises Department | Vice Chairman |
| iii. | Additional Chief Secretary/ Principal Secretary/ Secretary, Panchayat & Rural Development Department | Member |
| iv. | Additional Chief Secretary/ Principal Secretary/ Secretary, Urban Development & Municipal Affairs Department | Member |
| v. | Additional Chief Secretary/ Principal Secretary/ Secretary, Forest Department | Member |
| vi. | Additional Chief Secretary/ Principal Secretary/ Secretary, Environment Department | Member |
| vii. | Additional Chief Secretary/ Principal Secretary/ Secretary, Public Health Engineering Department | Member |
| viii. | Additional Chief Secretary/ Principal Secretary/ Secretary, Power Department | Member |
| ix. | Director General of Police, West Bengal | Member |
| x. | Municipal Commissioner, Kolkata Municipal Corporation | Member |
| xi. | Commissioner of Police, Kolkata Police | Member |
| xii. | Directorate of Registration and Stamp Revenue, Finance Department | Member |
| xiii. | Representative of Authorised Entity | Member |
| xiv. | Joint Secretary, Public Works Department | Member Secretary |
16.1 District Nodal Officer shall take a monthly review for all the complaints/ grievances lodged by the public/ Authority/ CGD entity (i.e. applicant licensee).
16.2 The complaint lodged by the public/ Authority shall be forwarded to concerned CGD entity within seven (07) days and the CGD entity shall address the same and will submit the compliance for each complaint within seven (07) days to the District Nodal Officer.
16.3 The complaints lodged by CGD entities to the District Nodal Officer shall be forwarded to the concerned authorities within seven (07) days and the concerned authority shall address the complaint and submit the compliance to the Nodal Officer within seven (07) days.
17. The charges at 5.1 can be reviewed by the Government from time to time.
18. The State Government reserves the right to modify the policy and to amend any clause of the policy for the reasons to be recorded in writing.
19. This policy shall be applicable from the date of Notification by the State Government.
This has the concurrence of the Finance Department vide their U.O. No. Group-F/2023-2024/0062 dated 09/06/2023 read with approval of the Cabinet vide Cabinet Secretariat U.O. No. CAB(D)-681 dated 25/07/2023.
Sd/- Antara Acharya
Secretary to the Government of West Bengal
Public Works Department
No. 432-W dated 26.07.2023, Source