NEW DELHI --- Real
Estate (Regulation &Development ) Bill, 2016 was today passed near
unanimously by the Rajya Sabha with almost all the parties welcoming the
Government’s decision requiring developers to deposit 70% of the collections
from the buyers in a separate account to meet construction costs including that
of land. Many members also welcomed the balance stuck in the Bill to enable
orderly growth of the sector in an atmosphere of trust and enhanced
credibility.
They felt that the Bill is not anti-business and in fact, in the long run prove to be a much desired catalyst for the real estate sector benefitting both the consumers and project developers.
They felt that the Bill is not anti-business and in fact, in the long run prove to be a much desired catalyst for the real estate sector benefitting both the consumers and project developers.
Many
members praised Anil Madhav Dave, Chairman of the Select Committee of the
House that examined the Bill for enabling widest possible consultations in a
very democratic manner resulting in useful suggestions which were accepted by
the Government.
Responding
to various issues raised by the members during the three hour long discussion
on the Bill, Minister of Housing & Urban Poverty Alleviation Shri
M.Venkaiah Naidu said that the implication of bringing the real estate projects
under construction under the ambit of the Bill will be examined and required
clarity will be given in the Rules to be framed after enactment of the Bill.
Shri Rahman Khan (Congress) observed that the Bill provides for purchase of
houses based on carpet area and its implication to projects under construction
wherein houses have been allotted on super area basis needs to be clarified.
Responding
to the issue of competence of Parliament to legislate on real estimate matters
involving land raised by Shri Naresh Agarwal of SP and Shri Rabi Bernard of
AIADMK, Shri Naidu stated that this was examined thoroughly by the Ministry of
Law & Justice and the Attorney General and Central Law in the matter was
found to be valid.
On
ensuring that there is no discrimination in sale of houses to certain sections
of the society raised by Ms.Selja and Shri Rajiv Gowda of Congress, the
Minister said that the Constitution offered protection against any such
discrimination and if required, this issue will be suitably addressed in the
Rules to be framed.
On
the demand for applying the provisions of the Bill to all real estate projects
irrespective of plot size and number of apartments, Shri Naidu replied that the
Bill provides freedom to the States to relax the norm of plot size of 500
sq.mtrs or 8 apartments based on local situations.
Naidu who is also the Minister of Parliamentary Affairs assured the House that
Bills could be referred to appropriate Committees for examination if demands in
this regard were not meant for delaying their consideration and passage and if
the Parliament was allowed to function without disruptions which only delay
legislation. He said so while responding to the
suggestion of Shri Jairam Ramesh who referred to the good work done by the
Department Related Standing Committee and the Select Committee of Rajya Sabha
by substantially improving upon the Real Estate Bill of 2013.
18
members spoke on the Bill. Reactions of some members of different parties on
the Real Estate Bill, 2016 were as below:
Ms.Selja
(Congress) :Our party was strongly committed to protect the interests of
consumers. I am happy that the Government decided in favour of 70% of
collections to be deposited in a separate bank account. I don’t mind the
Government taking credit for the same.
Anil Dave
(BJP): The Select Committee could gauge the pain and suffering of consumers at
the hands of some unscrupulous promoters. The Bill will prove to be a boon both
for consumers and developers.
Naresh
Agarwal (SP) : I am not against the Bill but only concerned about the Central
Law entering the domain of the States. Imprisonment of developers for any
violation straight away is being too harsh.
K.C.Tyagi (JDU)
: Chennai floods were a result of unregulated construction. Bengaluru also
facing several problems. Welcome the Bills that seeks to check irregularities.
NadimulHaq
(Trinamul Congress) : Support the Bill though the remedial measures proposed
for the real estate sector do not seem to be broad enough.
Shri Rabi
Bernard (AIADMK) : Only MP to oppose the Bill on account of legislative
competency of Parliament.
Munkad Ali
(BSP): Developers exploit the consumers by raising costs from time to time and
this needs to be checked.
RitabrataBannerji
(CPM); Support the Bill. It should apply to all projects and should ensure that
there is no discrimination.
A.U.SinghDeo (BJD) : The Bill is long over due. Single window mechanism
necessary to ensure speedy approvals for construction projects.
Praful Patel
(NCP): Intention of the Bill is noble and honourable and marks a good
beginning. Results will follow in due course. Land needs to be opened up to
decongest core central areas of cities.
Rajiv
Chandrasekhar :Bill is the most
pro-consumer initiative of the Government. Both
the UPA and NDA governments stood firmly on the Bill which is certainly not
anti-business. It promotes competition and efficiency.
Anil Desai
(Shiv Sena) : Bill strikes a balance protecting the interests of consumers and
genuine consumers.
Venkaiah Naidu thanked the members and parties for their enthusiastic support
to the Bill.
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