Department: Public Works
Subject:
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:-
1.0 Objectives
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.
2.0 Applicability/ Eligibility
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.
3.0 Application
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”.
4.0 Conditions Precedent
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.
5.0 Fee/ Charges
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:
GST or taxes which will be in force will be added with the land use charges & restoration charges. The land use charges will be increased @5% in every financial year starting from 01.04.2024.
The Bank Guarantee under column 5 shall be released in favour of the applicant after successful completion of the pipe laying work according to the approved drawing and alignment and temporary restoration works, otherwise it will be forfeited.
The State Government Departments/ Local Bodies/ State Authorities may publish a separate rate chart per square meter basis for restoration work for different types of restoration work.
* 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.
6.0 Application Disposal Procedure for Pipeline network laying:
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.
7.0 Arrangement of safety measure at work site:
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.
8.0 Restrictions
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 (