Tuesday, September 28, 2010


REAL ESTATE RULES & POLICIES - UTTAR PRADESH

-P.Purnachandar

“Operation of commercial, industrial and/or residential real estate. This is much akin to the role of management in any business.


Policies of real estate in UTTAR PRADESH

Uttar Pradesh is 1 the most populous state in the country accounting for 16.4% of the country’s population and fourth largest state in geographical area covering 9.0 % of the country’s geographical area,encompassing 2,94,411 sq km and comprising of 83 districts, 901 development blocks and 2 1,12,804 inhabited villages .
The density of population in the state is 473 people per sq km as 3 against 274 for the country .

In the year 2004-05, Uttar Pradesh’s GDP at constant prices (1993-94) was INR
1,27,560 crores (USD 28,346 million), which makes it one of the largest among states in
India in terms of size of the 4 economy .

Further, the per capita income of the state at constant prices (1993-94) for the year
2004-05 was INR 7,133 (USD 159)


GDP of Uttar Pradesh is predominantly based on service industry and agriculture.
However, recent growth in the industrial sector is visible with the various industrial
areas and SEZs being set up in Uttar Pradesh.

The increase in urbanisation has had an impact on the demographic composition of the
state.Foreign investments in Uttar Pradesh are significantly low as compared to total FDI
inflows in the country. Official statistics show FDI inflows of INR 15.27 crores (USD 3.3 million
approx) in Uttar Pradesh and Uttarakhand during the period 2000 to 2006 .

Regulatory Environment Relating to Purchase of Land:

The purchase of land is by two key regulations:

Uttar Pradesh Imposition of Ceiling on Land Holding Act, 1960; and
Uttar Pradesh Urban Planning and Development Act, 1973.

Uttar Pradesh Imposition of Ceiling on Land Holding Act, 1960 (the “UPICLHA”):

The ownership and holding of land for agricultural purposes within the state of
Uttar Pradesh is regulated by UPICLHA.

Under UPICLHA, companies, individuals, other entities are permitted to 10 hold
land for agricultural purposes up to a maximum of 7.3 Ha (18.18 acres) .Land in possession by, inter alia, any local authority, a corporation, a government company, a university, an educational institution, etc, are exempted from the above ceiling limit. Further, prescribed authority has the power to exempt any land held in excess of the ceiling limit for the purpose of residential accommodation, the declared land for “industrial purposes” under Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, cremation ground or graveyard, gardening of tea or coffee or rubber plantation, land held before January 24, 1971 for the purposes of stud
farm to the extent of prescribed limit, land held by public religious or charitabletrust, endowment, wakf or institution for the use of the beneficiaries wholly or partly or members of the family, and the land held by a goshala registered under the Uttar Pradesh Goshala Act, 1964 up to the extent of prescribed limit is exempted from the Act.

The use and development of land for commercial/ residential purposes is regulated by Uttar Pradesh Urban Planning and Development Act, 1973.

Uttar Pradesh Urban Planning and Development Act, 1973 (“UPUPDA”):

The UPUPDA provide regulations and procedure for development of residential colonies
and commercial complexes.

Under UPUPDA, the state government may declare an area to be a development area if
in its 12 opinion such area requires to be developed according to plan . The state
government may also by 13 notification in Gazette, constitute an authority to be called the development authority for any development area.

Subsequent to preparation of development plan/ master plan, zonal development plans
(“ZDP”) 15 are prepared by the development authority for each zone identified in the master
plan. The ZDPs contains a site plan and use plan for development of the zone and provides
information with respect to the approximate locations and extent of land uses proposed in the zone public buildings and other public works and utilities, roads, housing, recreation,
business, markets schools,16 hospitals, public and private open spaces and other
categories of public and private uses . The17 ZDPs may also provide other information which is
relevant for the development of the land .

Process for obtaining approval for development of land in development area:

Any person may use land comprised within a development area for development and no development can be undertaken in an area which is not identified as a development area by the relevant authority.

• Person intending to develop land comprised within a development area is required to obtain registration with the relevant development authority within the applicable category of developer.• Further, the permission from the vice-chairman is also required to be obtained for undertaking the development.,with a written application to be filed along with other documents as prescribed in the bye-laws. The development of the land shall be in accordance with the approved plan.

• After completion of development, the developer shall send a notice in writing to the development authority for issuance of the Completion Certificate. The development authority shall grant the Completion Certificate or intimate the developer of refusal to grant the Completion Certificate within 3 months of the receipt of the aforesaid notice. If no such action is taken by the development authority within 3 months then the Completion Certificate is deemed to be granted to the 42 developer .

Stamp Duty and Registration Charges on Land

100 percent exemption from payment of stamp duty on:

  • New small-scale units in 24 districts of Poorvanchal and 7 districts of Bundelkhand.
  • Infrastructure projects.
  • IT/BT and food processing units and call centers.
  • Service sector projects such as multi facility hospitals with specified facilities andhaving at least 100 beds; super specialty hospitals with specified facilities among others.
  • Facility of registration of all industrial projects at concessional rate of Rs. 2 per thousand subject to a maximum of US$ 108.485 .
PRESENT REAL ESTATE SCENARIO IN UTTAR PRADESH

Upcoming Integrated Townships in the State

There are a number of townships coming up in the state, being developed by some of
the leading real estate developers.They are coming up in Agra, Doondahera, Lucknow,
Ghaziabad, Greater Noida and Ghazipur.

Procedure for obtaining approvals for development of integrated township:

Any person may register with the authorities as a developer for the purpose of
undertaking development of an integrated township. The fee for registration of the developer would be between INR 1,00,000 to INR 10,00,000 .

On obtaining the registration, the developer is required to apply for license for development. The license fee is approximately INR 400 per acre. However, before issue of the license, the developer should occupy 25% of the total land area which is proposed to be developed.

The developer is required to obtain a minimum of 60 % of the total land Area on its own. A detailed project report shall be submitted to the government after acquisition of the prescribed 60 % of the total land.For the purposes of acquiring the balance land, the developer may seek assistance of the government.

Industrial and Service Sector Investment Policy – 2004

Top priority has been accorded to development of infrastructure,The state is keen to promote the participation of the private sector in the industrial and economic growth through this policy.
It has created an attractive environment for NRIs to invest in the state. Procedures and
systems would be modifi ed, so as to facilitate easy inward investment.

Fiscal Incentives- Service Sector

Exemption from acquisition charges if land for the project is acquired by the Government.

Exemption from entry tax on plant and machinery used for the establishment of project.

Exemption from electricity duty for 10 years from the date of establishment.

Exemption from development charges and malba charges levied by the development authority/local authority.

Exemption from house-tax, water and sewage tax and all other taxes/charges levied by the development authority/local authority for five years from the date of establishment.

Biotech Policy – 2004

The state aspires to utilise modern tools of biotechnology and attain prosperity for farmers, generate employment, ensure food for all, good health and clean environment.The mission is to develop a knowledge-based economy, assure benefi t of biotechnology to all sections and promote entrepreneurship in biotechnology-based industries.

Investment incentives under the biotech policy (2004)

Single window facility and constitution of biotechnology development board.

Relaxation of taxes on Biotechnology based products,Relaxation on land for establishment of biotechnological units.

Biotechnological units shall be exempted for entry tax for fifteen years, onCapital goods including captive generation sets.

Captive generation sets installed by biotechnological units shall be exempted of electricity tax for 10 years.

Relaxation in stamp duty and registration fee,Relaxation in zonal regulations.

Projects where an investment of US$10.8484 million or more will be made either in expansion of existing units or in setting up a new unit, also such units which employ more than 250 people will be declared as mega projects. Such projects will be given relaxation under special package.

Provision of cluster development fund /venture capital.

Establishment of Biotech parks at NOIDA and Lucknow.

IT Policy – 2004:

• The state is determined to facilitate and create an investor friendly environment by providing the requisite infrastructure for IT companies. Initiatives to this end include a budget for IT activities, IT pool fund for e-governance, IT Cities, IT Parks, NIC infrastructure and promoting hardware industries.
• IT servicesand IT Enabled Services have vast employment generation potential; hence the state government would provide infrastructure,marketing support and fi nancial assistance for setting up ofthese industries.

Wide Area Network:
• Under the IT Policy, the state shall establish backbone network UP WideArea Network (“UPNET”) for voice, data and video transmission and dissemination.
• The UPNET shall extend to all government departments, state secretariat, divisions, districts, tehsils and block head quarters. The UPNET will use the most cost effective technologies and resource consolidation using free bandwidth available from Optic Fiber Cables (“OFC”) laying operators. UPNET shall provide multi-user, multi-service facilityand shall strengthen the current National Information Centre (“NIC”) infrastructure and existing intranets.

IT Cities:

• Cities like Noida, Agra, Kanpur, Lucknow, Allahabad and Greater Noida are proposed to
be built into IT cities with special facilities for ITeS.

Intellectual Property Rights (“IPR”):

• The state shall aim to become a piracy free state and will actively support the central government initiative in this direction. The state shall promote Research & Development initiatives for the corporate houses and laboratories by providing them with the enforcement of IPR.

Promoting Hardware Industry:

• The state shall provide full support to IT and electronics hardware industry especially in the cities of Noida/ Greater Noida, Agra, Kanpur, Allahabad and Lucknow. All incentives provided to software and ITeS industry shall be made available to IT and electronics hardware industry.

IT Industry:

The state government recognises the need to develop a strong bond of partnership between the government and the private sector for the proper and rapid development of IT in the state. For formulation and designing of incentives, there would be adequate representation from the IT industry.

Investment Incentives under the information technology policy (2004)

Preferential Allotment of Land: Preferential allotment of land will be made for IT industry
by NOIDA/Greater NOIDA, UPSIDC/Development Authorities in the state.

Exemption of Stamp Duty and Registration Fee: I.T units and call centres shall be given 100% exemption from payment of Stamp Duty and Registration fees.

Uninterrupted Power: Continuous and uninterrupted power supply for IT industries.Exemption from power cuts without limit.

Captive Power Generation: Encouragement to captive power generation in IT locations.I.T Units with 5 KVA power requirement can be set up anywhere irrespective of master plan or land use classifications.

Incentives to Mega Investment Units: Information Technology and electronic units setup in the state with an investment of US$10.8484 million or more shall be classified as Mega Investment Units.

Special Financing Package will be developed by the State Financial Agencies to fulfill the unique needs of the IT sector. will also be provided to the IT sector.A Range of Trade Tax Concessions

Power Tariff: IT units in information technology parks and STPs will be charged thesame power tariff as the SSI.

Exemption from Pollution Control Provisions.

Policy for Food Processing Industry – 2004-09:

The Food Processing Policy aims at facilitating better returns to farmers and attracting
investment in this sector. The policy moots generating employment, promoting value
addition,minimising wastage of agri-products, providing appropriate links between the
agricultural and industrial sectors and marketing the products.

Power Policy – 2003-09

The Power Policy is structured with consumers as the focal point and aims at fulfi llment
of the overall need for universal access and for providing reliable, quality and affordable
power.

The policy contains lucrative tax benefi ts such as interest-free loans to investors and
stamp duty waiver on land purchased to set up industrial units.

It has provision for incentives for renovation work taken up in existing units and
also provides for the transfer/ sale of units that have a very low Plant Load Factor
(PLF), to private parties. The Power Policy has provisions for increasing the PLF by
creating additional power capacity, modernisation of power stations and improving the
transmission system.

UP SEZ New Policy – 2006

The government has introduced the SEZ policy to foster industrial and economic development and create a conducive environment for the development of SEZs.

Integrated areas with world-class infrastructure will be developed through establishment of SEZs, under provisions of this policy.

SEZs are expected to create new avenues for employment generation. They will encourage exports, domestic investments, FDI and facilitate transfer of modern technologies.

Provisions for the exemption of taxes and rationalisation/exemption of legal provisions related to labour, environment and electricity have been provided for in the policy.

Investment incentives to SEZ developer and units (2006)

SEZ developer and SEZ units shall be exempt from all kinds of taxes, cess or levies of the Government of Uttar Pradesh or taxes of any other local authority/agency for any transactions within the SEZ or any procurement of goods, supplies or services from the Domestic Tariff Area. Units in DTA would also be exempt from these on sales made by them to a SEZ unit or SEZ developer. These include UP trade tax, turnover tax, manditax, entry tax, development tax, local bodies tax, etc.SEZ developer and units would also be exempt from taxes levied by local bodies,as SEZs would be an industrial township under constitution of India and would beresponsible for providing services within the zone.

Developers, Co-developers of SEZs and units established/ to be established will get total exemption from the stamp duty & registration fee on first transaction but on implementation of amendments in the Indian stamp act -1899, as per third schedule of SEZ Act-2005, exemption will be applicable as provided therein.

Facility for treating sales from SEZ to DTA as "imports" is not being implemented at this stage because many of the other states are not having any such policy. However, this point is subject to revision.

Electricity duty and taxes shall be exempted on generated or purchased electricity for use in processing area of the SEZ for a period of 10 years from the date of production or start of service.

SEZ will have freedom of generation, transmission, and distribution of electricity within the SEZ subject to provision of Electricity Act 2003. Wherever the consent of U.P. State Regulatory Commission will be required, same shall be obtained.

Under the U.P. power policy, all admissible facilities shall be available to SEZ also.

Sugar Policy – 2004

Under the provisions of this policy, entrepreneurs are provided with a host of incentives and concessions to set up sugar mills in the state.

. Further, exemption from stamp duty and land registration fee,exemption and reimbursement of purchase tax on sugarcane,reimbursement of expenditure on transport of sugarcane andsugar are also provided.

Uttar Pradesh has traditionally been known as the “Sugar Bowl of India” (accounting for
40 per cent of the total production)and sugar is an important source of livelihood. .

Film Industry Policy – 1999

The Film Industry Policy is designed to provide a coherent framework for the growth of
the fi lm industry in UP.

It also aims to encourage addi tional capital investments so as to improve the economic
status of the people and to provide alternative avenues of employment.
The state will promote the creation of required infrastructure in the private and joint
sector. It shall further fi ll in critical gaps in the interim, till such infrastructure is available.

Mineral Policy

It aims to expedite investigation of new mineral deposits for development by adopting modem exploration techniques.
It aims to promote private investment and foreign capital investment in the mineral development process.

Hotel Policy – 2006

The state’s fi rst Hotel Policy contains major concessions for the industry as hotels are expected to come up primarily in Ghaziabad,NOIDA and Greater Noida, for which land would be provided at industrial rates.

The policy has been formulated especially in view of the Commonwealth Games 2010; about 30,000 rooms are required in the National Capital Region (NCR) for the games.

Relevant Taxes and Duties




Real Estate Firms

Four Real Estate Firms in India:
Their domestic and international services.

Of the above four firms, two (1 & 2) are multi-national companies. The other two (3 & 4) are companies based in India having their HQ in Delhi & Mumbai.

Jones Lang LaSalle is a financial and professional services firm specializing in real estate services and investment management. It has its world HQ in Chicago and the country HQ for India in Gurgaon, Haryana, with other offices distributed throughout the country. They are considered to be the largest real-estate management MNC working in India.
Their services include
- Agency Leasing
- Capital Markets
- Corporate Solutions
- Hotels
- Facility Management
- Investment Sales and acquisitions
- Land Agency
- Lease Administration
- Project & Development Services
- Property and Asset Management
- Real Estate intelligence services
- Research
- Residential
- Retail
- Strategic Consulting Tenant representation
- Transaction management
- Value Recovery services
- Warehousing & Logistics Solutions
They more or less maintain the same profile of work in both their Indian & International operations.



Colliers International was started in Australia in the year1976. It widened its operations to US and Canada in 1985 and to Asia pacific in 1986. Currently it has 480 offices globally and 7 offices in India, with an annual revenue of US$1.9 billion and manages 2.4 million square feet worldwide.

Their International Services include
- Brokerage & Agency
o Tenant Representation
o Landlord Representation
- Corporate Solutions
- Investment Services
- Project Management
- Real Estate Management Services
- Valuation & Advisory Services

In India their services are limited to
- Office Leasing & Sales
o Occupier Services
o Investor Services
- Facility Management
- Project Management
- Residential
- Investment Sales
- Consultancy & Valuation

Arora & Associates Realty Ltd. was founded by K.J.Arora in the year 1947. It is said to be the first organised real-estate consultancy firm in India. The firm offers a wide variety of services under 6 major heads namely

- Agency Services
• Sales/Purchase/Leasing
• Seller / Buyer / Tenant Representations
• Portfolio Management
• Project marketing
• Auction Organise/Sales
• Investment Property Centre
• Trading Credits
• Documentation
• Due Diligence
- Advisory Services
• Investment Advisory services
• Feasibility Analysis
• Lease & Utility Audits
• Relocation Studies
• Move Management
• Property Valuation & Tax Consulting
• Site Selection modelling analysis & Strategic Planning
• Merger & Acquisitions
• Joint Venture & Collaborations
• Foreign Direct Investment
- Allied Services
• Valuation & Land Appraisal
• Tenant & Purchaser Representation
• Project Management
• Bank Finance
- Management Services
• Project Management
• Property management
• Facilities Management
- Financial Services
• Investment acquisitions & Sales
• Structured Lease Finance
- Specialised Services
• Identifying Suitable sites for projects
• Selling rented properties for long term investment
• Value Engineering
• Planning Design & co-ordination
• Concept Marketing
• Media coordination
• Brand building
• Surplus Property hosting/marketing
• Market Research & News
• Demographic and Mapping services
• Detailed Location Analysis
• Land Consolidation for integrate projects

NARAIN CORP Property Consultants & Realtors started in 1971 has its Head Office in Mumbai, India. Their consultancy services are categorised under two divisions – Real Estate & Finance.
Real Estate Services
• Property identification
• Property Valuation
• Client Representation
• Due Diligence
• Documentation
• Relocation & Expansion advisory
Financial Services
• Project Financing
• Discounting Rent Receivables
• Short-Term Financing
• Strategic Consulting
• Portfolio Management
• Corporate Leasing

POLICIES IN PUDUCHERRY Submitted By Raj.








REAL ESTATE MANAGEMENT
POLICIES IN PUDUCHERRY


Submitted
By
S.Rajsekararan.
M.Arch II Year
School of architecture & Interior design
SRM UNIVERSITY







REAL ESTATE MANAGEMENT





POLICIES IN PUDUCHERRY:

Situated on the Coromandel coast, about 160 kms south of Chennai, lies the Union Territory of Puducherry. The French ruled this territory for 300 years, and today, it stands as a living monument of the French culture in India. It is bound on the east by the Bay of Bengal and on the other three sides by the South Arcot District of Tamil Nadu. About 150 kilometres south of Puducherry, on the east coast, lies Karaikal, while Mahe is situated on the Malabar coast. Yanam is situated in the adjoining East Godavari district of Andhra Pradesh.
The ashram, founded by Sri Aurobindo in the year 1926, has brought international reputation to this coastal town.

ACTS IN PUDUCHERRY:
THE PONDICHERRY TOWN AND COUNTRY PLANNING ACT, 1969
to provide for planning the development and use of rural and urban land in the Union Territory of Pondicherry and for purposes connected therewith.. BE it enacted by the Legislative Assembly of Pondicherry in the Twentieth Year of the Republic of India as follows:-
It extends to the whole of the Union territory of Pondicherry.
It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.
Pondicherry Town and Country Planning Board: As soon as may be, after the commencement of this Act, the government shall by notification in the Official Gazette, constitute for the purpose of carrying out the functions assigned to it under this Act, a Board to be called the Pondicherry Town and Country Planning Board.
The Minister-in-charge of Town and Country Planning and the Secretary to the Government-in-charge of the subject shall be the Chairman and Vice-Chairman of the Board.
The Board shall consist of give officers, including the Senior Town Planner and three non-officials to represent the communes to be nominated by the Government. The Senior Town Planner, an ex-officio Member, shall be Secretary to the Board.
Declaration of Planning areas, their amalgamation, sub-division and inclusion of any area with planning area.
The Government may, by notification, declare any area in the Union Territory to be a planning area for the purpose of this Act, and on such declaration this Act shall apply to such area.
Every such notification shall define the limits of the area to which it relates.
The Government may, after consultation with the Board and the Planning authority concerned, amalgamate two or more planning areas into one planning area, sub-divide a planning area into different planning areas and include such divided areas in any other planning area.

PREPARATION OF LAND USE MAP AND REGISTER
Preparation of existing Land and Building Use Map and Register. As soon as may be, after its constitution, every Planning authority shall, not later than six months after its constitution or within such further period not exceeding six months as the Government may allow, prepare a Present Land Use Map (hereinafter called the Map) and Present Land Use Register (hereinafter called the Register) in the form to be prescribed, indicating the present use of every piece of land in the planning area and the present use of every building therein.

DEVELOPMENT PLANS
Interim Development Plans: As soon as may be after the declaration of a planning area, the Planning Authority shall, not later than one year after such declaration or within such further period as the Government may, from time to time extend but such extension being not exceeding two years, prepare and submit to the Board and the Government, an Interim Development Plan for the Planning area or any of its parts.

DETAILED DEVELOPMENT PLANS:
Declaration of intention to make or adopt a Detailed Development Plan. A Planning Authority may, by resolution, decide to prepare a Development Plan to be called Detailed Development Plan in respect of any land within the Planning Area;
to adopt with or without modification even a Detailed Development Plan proposed by Co-operative Societies or any of the owners of any such land.

THE PONDICHERRY TOWN AND COUNTRY PLANNING RULES, 1974:
Constitution of the Board : The Board shall be constituted as provided in section 3 of the Act. (2) In the case of a member nominated under sub-section (3) of section 3 to represent a commune shall cease to be a member of the Board if he ceases to be a member of the commune which he represents.

PLANNING AUTHORITY, ITS CONSTITUTION, POWER, ETC.
Constitution: The Planning Authority for each planning area shall be constituted in accordance with the provisions of section 11 of the Act.

PRESENT LAND USE AND DEVELOPMENT PLANS
Map and register showing present land use: The map prepared by the Planning Authority under section 17 showing the present land use in the planning area under its jurisdiction shall contain the following particulars:
Land and Acquisition and Development Scheme:
Under this scheme, 873 plots for various income groups were developed and allotted to general public on“No Loss, No Profit” basis.
Slum Upgradation Programme:
Under this scheme the total number of flats constructed and allotted to the slum dwellers is 1582 Housing Board Grants-in-aid scheme: the Puducherry Housing Board, constituted during the 1973, is provided with Seed Capital to meet out the short fall in implementing Housing Schemes for Various Categories of People, viz, Low income Group, Middle Income Group.
Perunthalaivar Kamarajar Housing Scheme for Houseless Poor:
Under this scheme so far 150000 beneficiaries have been given a financial assistance of Rs.40,000/- each for construction of houses.
The Puducherry Chief Minister’s Sanitation Scheme for Grant of Financial Assistance to Below Poverty Line Families for Construction of Sanitary Latrines:
Under this scheme 3000 beneficiaries have been given a financial assistance of Rs.10,000/- each for construction of their sanitary latrines.
Training to Artisan / Masons: Under this scheme so far training has been imparted by the Building Centre, Villianur to 276 Nos. of skilled / unskilled labourers in cost effective building construction technology and manufacture of cost effective and environment friendly construction materials.
Capital Development Project: New Bustanad at Orleanpet, Market Complex at Aziz Nagar, Office (Town and Country Planning Department) cum Shopping Complex, Night shelter over the Grand Canal at Genge Salai for the companions of patients and improvement of link road connecting Vazhudavur road and NH-45 A were developed
Traffic and Transportation scheme: Improvements to important roads and junctions, installation of signals and sign boards and model bus stops have been done under this scheme.
Environmental Improvement in Urban Slums: Under this scheme, 1,11,959 m of road, 1,00,559 m of drain, 162 community baths and 333 community latrine were constructed. In addition to the above, 100 water taps were provided in Slum areas

REAL ESTATE POLICIES:
With a small industrial inheritance of 3 textile mills Puducherry has come a long way. Now it has 7553 industries representing a cross section of industries.
Seven well established industrial estates with comprehensive infrastructure facilities propelling the Industrial growth of Puducherry.
Spectacular performance at export front. Principal export items are Leather, Chemicals, Textiles and Metallic products.
Government of Puducherry also provides very good infrastructural facilities of roads, electricity and water supply.
Above all Puducherry has very informal work culture where all government executives and even Ministers are easily approachable.
Puducherry provides a peaceful and quality work force with no hassles of trade unions.
And all this has made Puducherry a heaven for existing and new industrial units.

INDUSTRIAL POLICY :
The policy takes note of the fact that the Union territory of Pondicherry has come a long way since its merger with the Union of India in 1954. The present status of Industrial progress is highly encouraging and the territory is poised for another phase of industrial growth. The policy is based on the following objectives: (i)To promote sustainable industrialisation in the territory; (ii) To improve the standard of living and quality of life of the people of the Union territory; (iii) To conserve the environment of Pondicherry for sustained and rapid industrial growth; (iv) To participate in the globalization of the economy with greater exports and imaginative imports; (v) To take advantage of the special features of Pondicherry including its heritage and culture; and (vi) To ensure balanced industrial development in all the regions of the territory.

INDUSTRY STRENGTH :
Puducherry is already known as “Hardware capital of India”. Almost all the majors in the Hardware industry such as Lenovo, Acer, WIPRO, HCL, HP have set up their unit in Puducherry.

INVESTMENT OPPORTUNITIES :
With pro-active investment policies and industry-friendly Government, Pondicherry has made rapid industrial progress in the past few decades. Vast and unlimited business exists in the Union Territory of Pondicherry which can be tapped by prospective investors. The inherent potential and the conducive atmosphere augur well for Pondicherry to build a partnership of trust with the investors by helping to realise their dreams.Potential sectors for investments:- 1. Information Technology and software Development 2. Electronics 3. Agro processing including marine products 4. Textiles including garments 5. Leather Products and Foot wears 6. Light Engineering including Auto Components

POWER SCENARIO AND AVAILABILITY :
The Union Territory of Puducherry consists of four enclaves which are widely scattered in the three Southern States viz Puducherry and Karaikal enclaves in Tamil Nadu, Mahe enclave in Kerala and Yanam enclave in Andhara Pardesh. Puducherry which is the headquarters of the Union Territory is located 160 Kms down South of Chennai while Karaikal is located further down South at about 160 Kms from Puducherry. Mahe is located horizontally opposite to Puducherry on the Western coast at about 647 Kms from Puducherry and 58 Kms from Kozhikode, 24 Kms from Kannur in Kerala State. Yanam is located up North of Puducherry on the eastern coast at about 870 Kms from Puducherry and 24 Kms from Kakinada. The requirement of Power for the Union Territory is met from the allocation of Power from various Central Generating Stations (CGS), purchase of power from neighbouring State Electricity Boards and from the State owned Pondicherry Power Corporation which is running a 32.0 MW Gas based power plant in Karaikal region.

FINANCIAL INSTUTIONS:
There are 124 bank branches operating in the Union Territory of Puducherry.
Commercial Banks have 101 branches, Puducherry State Co-Operative Bank with 20 Branches, 1 branch of Puducherry Central Co-Operative Land Development Bank, PIPDIC and SIDBI are extending their services to the people of Union Territory.
By implementing the National Pilot Project for Financial Inclusion, the banks in UT of Puducherry have achieved the unique distinction of providing banking facilities to all the eligible and willing households. They are doing their best for augmentation of resources of the Union Territory and meeting the credit demands of the various sections of population for overall development of the Union Territory.

INVESTMENT OPPORTUNITIES:
The following are the key areas earmarked for promotion by the Government of Puducherry.
Health centers and spas
Food courts and restaurants
Eco-tourism
Convention centers
Amusement parks
Beach resorts
Entertainment multiplexes
Arts & Crafts village
Yacht and boat marinas
Heritage and star hotels
. Boutiques

SEZ POLICY:
An exclusive integrated industrial and residential township. Christened as SEZ DE PONDY, the Special Economic Zone (SEZ) project comprises of an area of 860 acres. The entire project – master planned by internationally acclaimed “Jurong Consultants Pte”, Singapore, with a well planned development schedule, will ensure that the “ City within City” develops in a planned phased manner. SEZ DE PONDY provides excellent modules of eco-friendly and healthy environment for the development of business communities.

Tuesday, September 21, 2010

India real estate monitor

Property buying
1. Choosing the right property
2. Buying a Pre-Launch property
3.Broker's Fees
4.Token Money
5.Preparing the Budget
6.Down Payment
7.Bank Loan
8.Property Registration
9.Flat Possession
10.Facilities provided by the builder
11.Housing Society

India real estate monitor

Wednesday, September 15, 2010

Class 10 | 15-9-2010 | Real Estate Valuation

What is Real Estate Valuation?

When would it be done?
- feasibility analysis
- property transactions
- business transactions
- setting market price

How is it done?
- determine the location of the property
- age of the property
- physical condition of the property
- ownership details

feasibility
- land-use and development regulations
- market analysis
- repairs required

property transactions
- market analysis for similar property in given community/ region/ city

business transactions
- market analysis
- suitability for usage
- depreciation on building value

setting market price
- market analysis for similar property in given community/ region/ city
- amenities

Assignment due 22-9-2010
1. Identify the different Real Estate firms in India.
2. List their activities in India.
3. List their activities in other countries.
4. Research at least one report from the research database of each company.


Tuesday, September 7, 2010

Policies & Regulations of Maharashtra State

Policies & Regulations of Maharashtra State
That affects the Real-Estate decisions

Introduction
Located on the western coast of India, Maharashtra is India’s third largest state in terms of area and second largest in terms of population after Uttar Pradesh. It is bordered by the states of Gujarat, Madhya Pradesh, Chhattisgarh, Andhra Pradesh, Karnataka, Goa and the union territory of Dadra and Nagar Haveli. Mumbai, India’s largest city is the capital of Maharashtra and the financial capital of the country.
Maharashtra is among the few states in India whose GDP is predominantly contributed by the industries and services sector, with nearly 89% of the state’s GDP in 2004-2005 being contributed(1) by these sectors. The key industries of the state include food products, beverage, tobacco, cotton, textiles, paper and printing, petroleum, coal, chemicals, pharmaceuticals, metal products, (2)electrical machinery and apparatus, transport equipment, etc.
Over the last decade, Maharashtra has witnessed a sharp rise in the level of literacy. The decade of (3)1991 to 2001 saw a rise in the literacy levels from 64.9% to 76.9%. This period also witnessed a 3.01% Compounded Annual Growth Rate (“CAGR”) in terms of urbanisation. The percentage of urban population(4) rose from 38.69% in 1991 to 42.43% in 2001.
Maharashtra is also one of the highest recipients of foreign direct investment (FDI) in India. The total FDI inflow during the period January 2000 to July 2006 for Maharashtra, Dadra & Nagar Haveli, and Daman & Diu was 23,718.14crores which constituted 22.16% of the total FDI inflows in India(5).

Regulatory Environment Relating to Purchase of Land
The purchase of land in the region of Greater Mumbai is mainly governed by the following key regulations, namely:
1.Maharashtra Agricultural Lands (Ceiling on Holdings), Act 1961;
2.Bombay Tenancy and the Agricultural Lands Act, 1948; and
3.Urban Land (Ceiling and Regulation) Act, 1976.
The various legislations inter alia, provide for imposition of a ceiling on both ownership and possession of land. The ceiling is applied on a graded basis, according to further sub-classification of the land. The restrictions imposed are vast and depend upon various criteria being the type of land, the geographical location, etc.
The restrictions on acquisition of land in specified areas depend upon the location of the land, the type of land, the existing use, the proposed use after acquisition and local policy governing the area. There are separate legislations/ policies relating to type of land and development of land located in the coastal areas, no-development zones, agricultural land, etc.


1. Maharashtra Agricultural Lands (Ceiling on Holdings), Act 1961(“MALCHA”)
The MALCHA places prohibition on holding land in excess of specified ceiling and restriction. The ceiling area for each class of land in the districts and talukas are provided in First Schedule of the MALCHA. The MALCHA specifies certain types of lands which are exempted from the (6) provisions of this Act, for e.g., lands held by an industrial undertaking for a bona fide industrial or non-agricultural use.

2.Bombay Tenancy and the Agricultural Lands Act, 1948 (“BTALA”)
Chapter V of the BTALA provide for restrictions on holding agricultural land in Mumbai area of state of Maharashtra.

3. Urban Land (Ceiling and Regulation) Act, 1976 (“ULCRA”)

Processes for obtaining approval for conversion of land in Greater Mumbai: a. Procedure for conversion of land from agricultural to commercial purposes:
The BTALA provides that no sale, gift, exchange, lease or mortgage of agricultural land in favour of a non-agriculturalist shall be valid unless the prior permission of the collector is obtained for (7) such purposes. However, transfer to non-agriculturist can be made for bona fide industrial use without the permission of the collector subject to the location of the land and other terms and (8) conditions as provided there under. A similar provision is made under the Maharashtra Land Revenue Code, 1966 (“MLRC”) which provides that it is mandatory to obtain the permission of the collector, if it is intended that the use of (9) the land be converted from agricultural to commercial use. The permission to convert the use of agricultural land to non-agricultural purpose or to change the use of land from one non-agricultural purpose to another non-agricultural purpose may be granted by the collector after consulting with the planning authority or any other authority as the state government may direct and subject to other terms and conditions of the laws in force for the time being.
In the event of the collector granting permission for conversion of use of land on certain conditions, any breach of conditions on which the conversion of use of land is permitted, may make the land inter alia liable to be forfeited under BTALA or MLRC, as applicable.
Some of the conditions for conversion of use of land that could be prescribed by the collector are as follows:
>Land shall not be used for any other purpose than the purpose for which permission is granted;
>Permission shall be subject to the code and rules of MLRC;
>Applicant shall commence the non-agricultural use applied for within one year from the date of the order made by the collector, failing which permission granted will be deemed as lapsed;
>Applicant shall be liable to pay altered assessment charges as applicable; and
>Where permission is granted for construction of a structure to be used for any non-agricultural purpose, such structure shall be constructed in accordance with the plan approved by the planning authority or the village panchayat or subject to such rules as prescribed under the code.

b. Procedures for conversion of land from non-commercial use to commercial use:
Any application for change in use of land from non-commercial use to commercial use has to be made to the planning authority (municipal corporation or municipal council, within whose area that land is situated or to the collector if the land is not comprised within the municipal corporation or municipal council as provided under the Maharashtra Regional and Town Planning Act, 1888 (“MRTP”) (10) or to the collector as provided under MLRC, as may be applicable.
Permission for conversion of land shall not be granted otherwise than in conformity with the provisions of the draft or final regional plan/ development plan of the area. In the event a person intends to execute a special township project on any land; an application may be made to the state government. The planning authority may grant permission, subject to general or specific conditions as it may impose, with prior approval of the state government. The planning authority shall be guided by the building bye-laws and development control rules. The permission (commencement certificate) granted by the planning authority shall contain all conditions, subject to which approval is given. The planning authority is the local authority i.e. the Bombay Municipal Corporation (“BMC”) or any other authority as the case may be.


Regulations applicable to assignment of development rights from a land owner to a real estate developer:
The regulations regarding transfer of development rights from a development agreement executed between owner of the land and developer, vary depending upon the manner of construction and use of land, for ex., whether it is residential, commercial, industrial, etc, and whether the land is owned by the state or is it privately owned. Hence, the regulations applicable will be The Indian Contract Act, 1872 and The Transfer of Property Act, 1882. If use of land is for residential purposes, the manner of construction, ie whether the association to be formed shall be a co-operative society or a condominium or an association of persons would also determine which Act/regulation would be applicable. However, in general, a real estate developer would have to obtain various approvals and permissions from the municipal body and other authorities, obtain approval in respect of its plan, appoint licensed surveyors, architects, structural engineers, etc, and abide by the rules, regulations and provisions of the particular legislation as may be applicable.
Development of commercial / residential/ Cineplex projects in Greater Mumbai: There is no uniform state policy for allotment of land to private developers, however, provisions relating to lands not owned by others would be governed by MLRC and rules framed there under. The Revenue Department and the Department of Industries of the state government typically deals with allotment of land to private developers. In certain cases, the state government has allotted certain portions of self-owned land to various corporations established by the state, such as, Maharashtra Housing and Area Development Authority (“MHADA”), City and Industrial Development Corporation (“CIDCO”), and Maharashtra Industrial Development Corporation (“MIDC”).
Each of these bodies have been constituted by the state for different reasons, for eg, MHADA has been established by the government to provide mass housing to the poor at affordable rates and to consolidate the law relating to housing, repairing and reconstruction of dangerous buildings. Also, each corporation has its own internal procedures and guidelines relating to allotment of land. Hence, the policy of the state with respect to allotting land parcels to private developers for development of residential, commercial or Cineplexes would vary according to location of the land, existing use of the land, purpose for which land is sought to be developed, etc. The state government also regularly issues notices, policies, and circulars as may be required for each of these corporations established by it.
The general trend of state policy is that allotment of land has to be approved by the state government and usually, land is allotted on a tender basis. However, some corporations like CIDCO and MHADA may also allot land on a first come basis.
The procedure for allotment of land would vary depending on the location of land, the purpose for which the land is required, the owner of the land, etc. Also, the state usually invites tenders from public prior to allotment of land. The same may not always be true for corporations since corporations may be guided by their own internal procedural policies.


Restrictions imposed disallowing land use for purpose other than that for which originally settled:
Under the Development Control Regulations for Greater Mumbai 1991 (“DC Regulations”), the state government has imposed restrictions on development of land which is set apart for specific purposes only, for eg, land has been demarcated as agricultural, residential, commercial, no development zone, land for tourism, land situated in coastal areas, etc. However, the various state legislations usually have a proviso wherein conversion of land is permitted subject to terms and conditions enumerated in the respective legislations.
Also, there are certain plots of land which have been reserved for certain purposes and cannot be put to any other use, for eg, land reserved for slum rehabilitation, SEZs, etc. These lands have been reserved for specific purposes and legislation governing the same usually does not permit conversion of such lands.

Regulatory environment relating to development of property:
MRTP is the primary legislation which governs and regulates land use and development of property in Maharashtra. Each municipal corporation in Maharashtra enacts its respective municipal corporation Act and development control regulations to further regulate the development of land falling within its jurisdiction. Consequently, the provisions of legislation regarding land development would primarily depend on the geographical location of the land and authority within whose jurisdiction specific land falls. The development of land in Greater Mumbai is mainly governed by the DC Regulations, framed under MRTP. The other development control regulations framed by various municipal corporations within Maharashtra will primarily be similar to the DC Regulations.
The DC Regulations have specified detailed guidelines in relation to development, redevelopment, construction, reconstruction, mode of construction, design of the building, different uses, change of user, Floor Space Indices (“FSIs”), and for all other matters incidental thereto(11) for development of immovable properties situated within the territorial jurisdiction of Municipal Corporation of Greater Mumbai (“MCGM”).
All land in Greater Mumbai is earmarked for specific uses. The usage and manner of development of land, as provided in the DC Regulations, demarcates the 4 corners within which the developer can undertake his development activities.
The FSI in relation to any property is the development potential of that property. To illustrate, when it is said that the developer is entitled to develop a particular property, in substance, it means that the developer is entitled to utilise the FSI available in relation to that property. Further, the FSI available in relation to a property is a key factor in determining the property’s valuation.
The DC Regulations(12) define the term FSI as follows:
FSI means the quotient of the ratio of the combined gross floor area of all floors, excepting areas specifically exempted under the DC Regulations, to the total area of the plot. No uniform FSI has been specified for carrying on development activities within the territorial jurisdiction of Greater Mumbai. The development potential for every individual property varies depending upon the property’s location and permitted use.

Regulations applicable for town planning for commercial/residential development:
In Mumbai, the town planning and development regulations are provided under the MRTP, read with the DC Regulations. Under MRTP, the planning authority shall within a specified time conduct a survey, prepare an existing land-use map and prepare a draft development plan for the area within its jurisdiction in accordance with the regional plan. The development plan indicates the manner of regulation of land use allocation and development. This development plan, after being sanctioned by the state government, forms the blue print for development of the land covered in it.
The DC Regulations provide for certain exemptions ie the circumstances when existing non-conforming uses are permitted to continue. Further, the allotment and development of land for residential or commercial purposes are also governed by various specific legislations being:
• The Maharashtra Housing and Development Act, 1976 (”MHADAA”);
• The Metropolitan Regional Development Act, 1974 (“MRDAA”); and
• The Maharashtra Industrial Development Corporation Act, 1961 (“MIDCA”)
Special planning authority is appointed pursuant to these legislations and MRTP for specified purpose as stated therein. Depending upon the area where the land is located and the type of development activity to be undertaken, the appropriate legislation can be identified which would govern such development activity.

RELEVANT STATE POLICIES
SEZ Policy:
The state has drafted a SEZ policy with the intention of developing exports, whereby many concessions are proposed to be given for development of SEZ zones, including land benefits and fiscal benefits. Further, a single window approval is envisaged for applying for the various approvals and NOCs required. The draft policy is yet to be enacted.

IT Park Policy:
The state has an IT and ITeS policy for development of IT parks and has prescribed various incentives included as below:
• Software industry will be allowed in residential, industrial and commercial zones;
• Software industry will be included as one of the permissible users in the “No Development Zone”;
• 100% additional FSI for software technology parks set up by public bodies on payment of premium amounting to 25% of the market value;
• No MPCB clearance required for software units; and
• No stamp duty on property transactions within designated software/ info tech parks as well as on instruments of software companies such as lease documents, issue of shares, etc. Registration charges not to exceed INR 1,000.

Industrial Park:
MIDC has an industrial policy for development of industrial parks and has prescribed various incentives included as follows:
• Stamp duty exemptions;
• Exemption from non-agricultural assessment charges;
• Emphasis and special benefits for cluster based development by reserving some areas within its areas for specific industries and their ancillaries;
• Emphasis on co-operative industrial estates, such estates shall be granted FSI as is applicable to MIDC areas;
• Common Application Form (“CAF”) for all aspects relating to development;
• Permission to purchase agricultural land exceeding 10 Ha for bona fide industrial purpose; and
• Exemption under section 20 of the ULCRA;


RELEVANT TAXES & DUTIES The state regulations relating to payment of various local taxes and levies would depend upon the location and use of property in question. Governing laws for imposition of municipal taxes and cesses, village panchayat taxes, land revenue, and agricultural taxes would primarily include the following: MLRC, The Bombay Village Panchayats Act, 1958, the municipal laws of a corporation/ council for its jurisdiction, for eg, The Mumbai Municipal Corporation Act, 1888 for Mumbai city and the rules framed under the respective Acts.
The authority which is authorised to collect the taxes/ levies would be either the collector or the commissioner of the corporation/ council or any other authority constituted for collection of revenue by the pertinent Act. The different taxes, such as property taxes are charged at the rateable value of the property which is assessed on several factors such as purpose of land, whether it is put to agricultural use or industry or commerce, area of land, location of land and is subject to periodic review.
The state government does offer various incentives/ rebates and relief for certain kinds of properties for developers taking certain initiatives for specified lands or putting the land to use for some public purpose, eg SEZs, hospitals, IT parks, etc. The rebate and relief would hence differ, accordingly.

Stamp Duty:
Provisions governing stamp duty and registration fees are found under the Bombay Stamp Act, 1958 (“BSA”) and the Registration Act, 1908 respectively. Article 25 of the BSA deals with the purchase and sale of land, Article 36 deals with lease of the land and Article 36A deals with leave and license agreements. In case of purchase or sale of apartments, there is no change in the stamp duty payable in case of apartments falling under Maharashtra Co-operative Housing Society's Act, 1960 or under Maharashtra Ownership Flat and Regulation of Promotion and Construction Field Management and Transfer Act, 1993 or provisions of the Maharashtra Apartment Ownership Act, 1980 and is based on the value of the apartment.
In case of authority of powers to a promoter/ developer for construction on, development of or sale/transfer of any immoveable property, Article 5 (g-a) is attracted. Article 36 deals with stamp duty payable on lease of land and varies as per location of property and not as per usage of property. Stamp duty payable on leave and license agreements, depend upon both, location and usage of property. Article 25 deals with stamp duty payable on purchase and sale of property which is based on location of the property and not on the usage. In case of registration fees, the same varies from instrument to instrument and does not exceed INR 30,000.
There is no specific category on stamp duty for cineplex projects. However, stamp duty will be attracted on the basis of instruments for the projects.

Incentives offered by state:
The centre and various state governments come up with various policies with incentives and exemptions prescribed therein for development of specified sectors. The policies, incentives and exemptions vary depending on the sector proposed to be developed. For eg; Maharashtra currently has IT and ITeS policy prescribing various incentives and exemptions for development of IT sector by constructing IT parks. Further, the development criteria required to be followed by the developer will also be prescribed in the respective policies.
The state government comes up with various schemes from time to time for development of rural areas. The incentives depend on type of development and area proposed to be developed. Further, if development is concerning MHADA or CIDCO or for slum area, then the respective authorities and legislations provide for incentives therein including concessions relating to land. Furthermore, the central government vide Income tax Act and other applicable legislations have granted certain tax exemptions for development of industries and cineplex in the rural areas.
-----------------------------------------------------------------------------------------------------------------

References
1. Central Statistical organisation report
2. www.iic.nic.in
3. www.maharashtra.gov.in
4. www.maharashtra.gov.in
5. Dept. Of Industrial Policy & Promotion
6. Section 47 of MALCHA
7. Section 63 of BTALA
8. Section 63(1A) of BTALA
9. Section 12 of MLRC
10. Section 44 of MRTP
11. Regulation 3 of the DC Regulations lists down the areas of applicability
12. Regulation 2(3)(42) of the DC Regulations
13. Section 344 of the MMCA