Legal & Institutional Framework for Housing

Legal & Institutional Framework for Housing


Hello, Today we discuss about the under housing
policy and planning. The legal and intuitional frame work under,
which every government at the central state and local government works. Before we come to the contents of today’s
discussion let me have quick review of the earlier discussion last day we discussed about
the housing policy at the central level and also at the state level. We have seen that at the central level, several
housing policies were made like national housing and habited policy, national rental housing
policy and right now all the state governments their making the model, their making the affordable
housing policy for the states few states like Orissa, and Haryana and few state they have
already made and we discussed about the state of Orissa case where we have found that very
innovative method like creating shelter, involving private sector participation, everything was
there for the housing policy and planning. Now today we will see that how all this policy
and planning this work based on the some legal framework because this is very, very important
because unless as a planner as professional we do not know that what are the relevant
acts and legislative professions are there under which every policy and planning and
the organization they work. It will be very difficult to action or take
action in the ground levels that is why we are spending today’s discussion devoting
fully on the legal part and the institutional organization at every level. So as you know that we have three tire of
government at the central. And local and every level of government has
their own legal role followed their action in terms of policy sometimes in terms of planning
and excursion and they have various level of organization
at the central level, state level and local level, so this frame work we need to understand
in a great details so that we will discuss. Now at the central level let us see first
that what the provision at the constitution of India. If you see the constitution of India article
243W which is basically toward schedule where the constitutional provision is given for
the role of the local government where total 18 sessions in the least where their 18 jobs
listed. In session 2 it is written that regulation
of plan and construction of buildings by the urban local bodies. Session 10 slum improvement and up gradation. Session 11 urban property elevations, and
session 12 provision of urban amenities and facilities such as parks, gardens, play ground
etc. So these are there must be some spilling mistakes,
so these are the actions or dominie of work in related to housing construction and housing
delivery at the local level that is the urban local word is local level. Similarly if we go towards the state level
and central level we will see that the constitution of India there is two lists. The first list is called the jobs of the central
government it is written as in the list one, under the seventh schedule. The state governments work, which is listed
at least two and the local government we have listed. So in list 1 and 2 if we find, if you read
that list it is clearly written that land and related matters will be done by state
government by enlarge so it can be understood that the housing is matter of the state government
where the central government also can participate, but state government and local government
toward the government will be taking action at the ground level. So now let us see that what the central actions
are and what their rules at the central level. Recently the constitutional of India if their
the apex level under the constitution of India there are several acts, which are working,
which is active in the country, which is basically increasing the housing development, one of
such activities real estate regulation and development act in 2016, land acquisition
act, which is very basically is very older act in 1894, but recently in 2013 and 2014
there is amendment of land acquisition act, which is very much related to housing development
and before we come to role let us talk little bit of the real estate regulation and development
act. Under this real estate act the basic purpose
of this real estate act is to control the real estate development. In terms of creating transparency and
accountability of the housing providers basically. Now it is many common people they do not get
their legitimate housing within the given committed time period and after this act it
is told that if beyond the committed time period the project take much more time so
the housing provider, which is basically in the most of the case if the private developer,
they have to provide the compensation as they rent. Not only that whatever the facilities at the
housing level or the build area, which is committed during the booking or during the
initiation registration that should be maintained at the end in transparent way and all the
build areas and all the floor areas return in terms of corporate area. Not only that every private developer before
developing any projects they have to deposit some amount of money as security deposit for
the project, which will act as security for the whole project for the prospective buyers
of the units. So you can understand that this act basically
gives the platform, gives basis for bringing transparency in accountability in the housing
construction and housing delivery. Whereas in the land acquisition act, which
is very, very important in 1894 initially in the land acquisition act it was very much
controversial in terms of we have seen using the land acquisition act, acquiring land becomes
very difficult and because of the difficulty the project become deled, but recently in
2013 and 2014 government of India, they have brought out many amendments including the
taking consent of the land owners in terms of social impact assessment and based on the
consent of the actual land owners then only the land can be acquired by the authority. And also there are few specific areas where
land be acquired, they are few specific areas where land cannot be acquired and these are
the few amendments, which the government of India has what later on if time permits we
will discuss land acquisition act in respect to the project of the case study, but right
now we can tell that these two are very important acts right now one controlling the land for
the housing, second which is controlling about the delivery of the housing in terms of the
transparency and accountability of the housing provider. So now let us see what is role of the player
who was acting under the central acts. So basically under the central act government
of India, central government they make the policy decision, policy deduction then stimulant
of the finding through the state government at the local level also facilitating land
supply and also creating a fib rate market, creating a very responsive market where every
category of people can get the house and also monitoring of the central scheme like pradhan
mantri awas yojana like Jawaharlal Nehru National Urban Renewal Mission, Rajiv Awas yojana mission
all the programs, which we discussed earlier, central government as apex organization through
their ministries, they monitored all the progress. Similarly right now pradhan mantri awas yojana
is one of the flagship programs under the government of the India by which government
is trying to achieve housing for all. Not only that the government of India they
extend the hand holding and capacity building like creating model municipal by loss or model
state affordable housing policy for the state government and the local government so that
they are capable enough to develop their own methodology develop their own strategy for
the housing delivery at the local level at the local contents. So these are the rules, which is executed
action, executed by the organization like the central ministry and the organizations
working under the ministry like, ministry of housing and urban property elevation, the
organization like BMPTC building materials, technology promotion counsel HUDCO, similarly
some other organization they are working under this ministry who main job is to take this
rules under the overall umbrella of the acts and the constitution of India. Next let us see what are the state actions,
what the organizations are and what their rule. The town country planning act is the mother
act frame by each state government, which basically controls the land and it is planning
for the future. So under this act every state government they
create the develop authority sometime they delegated the power to the local government
to plan for the future to make the future township and to extend the exciting township
and to extend the township for the future housing delivery. They also have the land registration act,
by which they register all the transaction of the land, conversion of the land and transfer
of the hand of the land from one hand to another hand. Under this mother acts, they also frame the
act for creating housing boards whose job will be just to create more number of housing
for each category of the economy group. Apart from that every government sometimes
they had some clearance at or some improvement that which is basically in to sustainability
to re habilitated or to improve the slum population or the quarter population, but depending on
the government this names and the scope of the acts can vary. For example this is Maharashtra housing an
area develop an authority it is the apex organization under the government of Maharashtra. This is otherwise been called housing board. This is Tamil Nadu housing board these are
apex organization under the respect the government who is working under the state act. Now let us see what is primary job of this
organizations so their first job is to directly provide
the housing for each category of housing like HIG, MIG, LIG, and economically weaker session
and through the boards, through the develop and authority or through the municipal corporation
this housing can be delivered or will be provided. Secondly the stimulant of the fund and land
acquisition, the fund received from the central government or from the international agency
can be stimulants at the local level to construct the housing and also if required the land
acquisition will be done by the housing board or the state government organization like
say develop an authority or municipal corporation at local level. Regional and urban planning to be done by
the develop and authority, we have very dedicated unit under the scores for the regional and
urban planning and how housing as subject can be play under the overall planning framework. So write now we are not going into that much
of details later on we will come the planning part of the housing under the overall planning
frame work so this is very important. Facilitating land management and housing market. We have told you the land is very important
input for creating large amount of housing and land acquisition act and other relevant
acts are there. So one of the major role of the state government
organization are to create to supply more amount of land to manage the land in scientific
where so that the land can be distributed for the great verity of the people everybody
gets the legitimate write of the land in terms of the land or in terms of the property. So that is one of the major objectives of
the state level organizations. After that they also facilitate the institutional
reform. It is not sufficient to act under the policy
through finding or through the land or creating the land. It is also important to create affective institutions,
effective organization who can deliver housing, who can deliver services in quicker time with
much more efficiency much more competence so that is only possible if every institution
have legitimate growth and they through the set of reforms that is another work, which
is to be done at the state level by each and every organization. After that every state government and state
government organization like housing board or the area develop and authority. They have typical policy for the public private
partnership so that under overall umbrella of the government, private party can come
and they can work for delivery of the housing within overall umbrella of the government. So these are state actions and the rules. So after discussing the central acts, state
acts and now let us the local level acts organizations and the roles. So local level organization means basically
municipal corporation, develop an authority, nagar palica or municipality or even nagar
panchayat so they are basic role will be to control the development through the building
by loss building regulation and land duce control so that the overall housing or the
city get a desired ship so that is the local sometime this building develop and control
is frame under town and country planning act, but also the local level organizations like
say municipality or municipal corporation they can frame their own regulation. So their role will be to construct the house
for the poor and the lower income group and also middle income group, also linking livelihood
and infrastructure with the overall housing. I have told in the beginning that housing
is not house absolutely, it has the linking of the livelihood and infrastructure so it
is one of the very important role of the local level organization to have a converges of
all central sponsor schemes and the programs like central government and state government
towards the common objectives. So that there is minimum conflict with the
programs and housing projects are executed in convergence with the livelihood program
and the infrastructure development, executing central and state schemes under the various
scheme like right now pradhan mantri awas yojna technology submission earlier it was
Jawaharlal Nehru national urban renewal mission, Rajiv Awas Yojana so under all this flagship
skill this local government they get fund from the central government through the state
government so executing those projects and schemes directly is another very important
job of the local level organization. And also based on the overall PP frame work
done by the state government their job is to executed the PPP frame work with more transparency
and accountability at the local level and also during the project done continuous feedback
and continues evaluation is part of the housing delivery because without the feedback and
without the evaluation the whole process of housing delivery may not be successful so
that is one of the role of the local level organizations, but one practical problem of
the local level organizations are that in spite of so much accountability is delegated
to the local level organization their capacity is not enough to deliver all these actions,
which is listed here an apart from these actions also the multi perilous actions we there they
can deliver. Because of the lack of sometimes man power
because of sometime lack of the office infrastructure or equipment so due to this reason the one
of the limitations what the short comings at the local level is that in spite of the
acts and the regulation and regal set of the ground level execution work is delayed, slow
and sometimes they do not get the desired outcome, desired impact at the ground so that
is one of the problem. Now let us see the overall frame work in a
complete overall this think so that we can understand the overall higher key so central
governments, state government and local government. These are the action and legal frame work,
we have talked about this constitution of India land acquisition act, developers act,
and also other than the land acquisition acts and developers act there are other related
acts like environmental related acts, infrastructure and related acts, which are also applicable
for the housing development. It is not only the housing or the real estate
act. It is also other acts which are also influencing
all this parameters. Based on these legal frame the central government
they frame national urban housing and habited policy recently they have done urban rental
housing policy. The organization is working as I told before
is national housing bank, building material technology promotion counsel HUDCO or Hindustan
private limited this organizations are working under the ministry. Apartment from the ministry there are various
organization, which are kind of PUC or amigo there also working at the apex level sometimes
in association with the ministry if it is required time to time and their role as I
told if basic role is to facilitate the state level and local level and the market players
to generate more housing that is the major role apartment from the facilitating role
their role is to stimulant the finding the central fund and also sometimes the international
finding and also time to time to monitor the central fund schemes. So that the basic role of the central level
organization after that if you come to the state level where the basic access tone and
country planning at municipal act. I have already told about the some clearance
act. There basic role is to frame the state affordable
housing policy PPP policy and also land policy for the state government and this kind of
organization like department direct housing urban development, housing boards, rate of
town and country planning, state planning board and also there are developers organization
who are very important stay holder of the housing delivery. So they work in association with the state
government organization sometimes and their role is to enable the market to enable the
local governments so that they can execute more number of projects and also the implement
the housing projects for the various income through housing board or the director of housing
that also very important job of the organization at the state level. Then we come to the local level organization,
local level organization they frame, I told u already the local building billers at the
local level we know that every city suppose to frame the city develop and plan, but after
the city develop and plan they are suppose to make the housing strategy, master plan,
slum city plan, land banking strategy at the local level so that each and every municipality
or the city they are clear and they can understand that how much land is available with the city
with the municipality so that they can generate more amount of housing. So organizations is working at the local level
is develop authority, municipal corporation sometimes special purpose vehicle like last
day we talk about some project develop agency or some other special purpose vehicle can
be created by the state government or the central government particular for the purpose
of the housing and infrastructure development and also at the local level various NGOS are
working for the housing for the poor or the basic amenities for the poor and need less
to mention that private developer their also working at the ground level directly providing
the housing for the poor people. So apart from the central and state government
the local level governments work is to basic work largely is to implement the project where
as we have seen for the central government it is facilitating role, enabling role and
here there role is to implementation and also time to time get the feedback and evaluation. So this is the overall frame work of the legal
hearer key the policy and planning hearer key what they what kind of policy and planning
they do at the different level. These are the organization how they work and
these are the role or roller action of the each organization at different level. So based on that now let us discuss what are
the issues we should look into and what are the issues we should keep in our mind before
we come to the next level of discussion of the planning for the housing. The first issue is the capacity at the local
level organization for strategising the housing the municipal corporation or the municipality
their working at the local level, but sometime their capacities not enough to contextualize
in comprehensive way the whole housing requirement for the another five to ten years. Sometime they go for this meal approach instead
of going into the comprehensive approach so that is another problem. Sometimes the lack man power, sometimes they
lack technical man power so that is very important point, recently government of India through
their capacity building for urban local word their trying to improve the capacity through
training and capacity building. So that they can deliver more amount of work,
more amount of housing and infrastructure development at the ground. The second is the institutional convergence
we have seen that at various hearers in central, state and the local level, many organization
are working. They are organization working for providing
housing, there are organization working for providing basic amenities like water supply,
road like PW, CPWD, and the infrastructure development company, electricity company their
working it is problem sometime that we do not get the convergence of each government
department at the central level all local level. So it takes sometime little delay more time
for executing projects. So how the convergence can be there at the
each level are government that is one of the very interesting subject to study, one of
the solution which was discussed before last 10 to 15 year that government or the concept
of government can be used to bring the convergence in the work of the governmental organization
and hopefully within coming years we will get the benefit of the governments in terms
of the convergence of all the schemes and the departmental functioning. And effective efficient service delivery of
housing infrastructure it is told that housing is not only the house or the building all
the structure it essentially needs infrastructure and the services and infrastructural services
is delivered by different organization so effective delivery in sustainable basis quality
and supply of water, quality supply of electricity and the drainage solid was management or disposal
this kind of facility sanitation is essential for efficient surface delivery, which is required
for the housing and also we have seen that in housing construction they develop in control. The local develop in controls or building
bilose which are sometimes ignored. Ignoring the local controls people sometimes
special the private developer they do lot of mal practises and they just violate the
rule and they go for un- authorized construction, so for this reason government organization
at the local level municipality develop authority housing boards they need to be more stronger
in taking action against all this on authorized construction because the un- authorized construction
of violating the development in controls bring the slum like situation in any cities. So that is not desirable, it is not intended
so these are the broad issues apartment from that there are local contextual issues related
to legal accepts like related to loss, land, related to finance so we are not going into
that details, but we should keep at least some board issues before we come to the next
level of discussion so before I tell you about the next day’s discussion just let me some
of quickly. Today we discussed the legal and the institutional
frame work at different level central, state and the local level we have seen that the
central and state level actions are the roles are listed in the constitution of India where
basically it is seen the land and housing is primarily a job of the state government
and construction and the excursion of the housing projects is also termed as the job
of a local government as per the constitution of India. After that we have seen what are the different
kind of acts, major acts which are working at these central level, state level and the
local level under those acts what are the policy and planning arrangements are policy
or planning elements are tools, which are working and what are the organizations working
under that and what are the major role. So summarize the central government organizations
they work largely for facilitate the overall housing market and delivery. State government organizations largely they
work to enable the market in creating more land in creating more finance in creating
the private participation in the housing delivery and local level organization including the
housing boards and the develop an authority they work basically for the implementation
for provision of the housing at the local level for every category of the housing and
major issues are the capacity building, institutional convergence, service delivery and the develop
in control or evaluation of the develop in controls at the local level so next day we
will discuss about the another very important aspects of the overall housing delivery that
is land. We will discuss about the lands supply and
it is management in the next class. Thank you.