RAJYA SABHA ________ SUPPLEMENT TO SYNOPSIS OF DEBATE ________ (Proceedings other than Questions and Answers) ________ Thursday, March 10, 2016/Phalguna 20, 1937 (Saka) _______ GOVERNMENT BILL The Real Estate (Regulation and Development) Bill, 2015 - Contd. THE MINISTER OF URBAN DEVELOPMENT, THE MINISTER OF HOUSING AND URBAN POVERTY ALLEVIATION AND THE MINISTER OF PARLIAMENTARY AFFAIRS (SHRI M. VENKAIAH NAIDU), replying to the debate, said: If the House functions regularly, the Bills will be allowed to be discussed and passed. The government is ready to refer bills to standing committees. Government has raised the money to be deposited by builders to 70 per cent. Constitution clearly gives power to Parliament to enact laws in such cases. Government has brought down the limit from 1000 sqft. to 500 sqft and number of apartments from 12 to 8. This power has been given to states. Article 15 of the Constitution provides for protection against any discrimination, religion, region, sex, whastever it is. Discrimination is totally not allowed. If some such things are happening, I am reiterating that we are clearly against any discrimination. Then, there is the issue regarding single window or early clearances. This also, the Government has taken very seriously. We held consultations with ___________________________________________________ This Synopsis is not an authoritative record of the proceedings of the Rajya Sabha. 160 the States also. in the "Housing for All" programme, we have made it very clear that there has to be single window clearance. But at the same time, you cannot prescribe it yourself because permissions / approvals are, again, in the federal system, with the local bodies. I have also held a meeting with six of my colleagues. The Ministers, after having exhaustive discussions, have almost come to some conclusions with regard to single window approval by various Ministries, automation of such systems, setting up of nodal agencies and Empowered Committees. Model Building Byelaws being finalized by the Ministry in consultation with the Ministry of Environment and Forest, has become a big issue. After consultation for six times together, the Ministry of Environment and Forests also has come to certain conclusions. They are shared with my Ministry. I am going to review Model Building Byelaws in consultation with the Ministry of Environment and Forests. The issue with regard to the multiplicity of permissions, under regulations, has also been raised. The development authorities are for land use permission of projects. Whereas, the regulatory body is to see whether the agreement reached between the seller and the buyer is being implemented or not; whether the conditions, which have been prescribed, are being followed or not; whether the offer made to the people is being respected or not. I do not think there is any conflict between these bodies. The Government's policy is to encourage private people also in a very big way. But they have to follow certain regulations. If they want to enhance their credibility, they will have to fulfill the conditions that they themselves announce. All permissions have to be taken beforehand. After construction, someone may say that this is not there, that is not there. That is why, before commencing the project, they are supposed to obtain all these permission. The Bill provides that the promoter must first take all approvals from the Development Authority. Then only can he register with this Authority and only after the promoter registers the project with the authority, the promoter can sell it to the public. The Real Estate Regulation Authority shall come into picture after getting permissions only. It shall register the promoters and regulate the sale, purchase of real estate and check whether the local authority has given them the permission or not. 161 Structure defect liability was earlier two years. Now, the liability has been increased to five years. The promoter is duty bound to take care of the structural liability, if any. I am very happy that almost all Members have supported it. There is still scope for improvement. But improvements can be done in the future, as and when we come to some definite conclusions, and evolve a broad consensus. To the extent possible, we are trying to take care and see to it that illegal money, unaccounted money, is also prohibited. About encroached land, unless you get a certificate that the land is free from any encumbrance, you cannot go in for a project. The power to remove encroachments or power to stop unauthorized construction lies with the urban local body. I have made it mandatory that there has to be transparency and also accountability of the officer in whose area this unauthorized construction takes place. The motion for consideration of the Bill was adopted. Clauses etc., as amended, were adopted. The Bill, as amended, was passed. _______ THE BUDGET (RAILWAYS) 2016-17 General Discussion SHRI AHMED PATEL, initiating the discussion, said: Rail Budget is an important document and I think it is also the mirror of economy and governance. In my view this budget does not contain any substance. It is beyond reality. Today Railway is sick and you can never achieve a strong economy with a sick Railway. First of all I would like to draw you attention towards declining revenue. Your GDP or your rate of growth is nowhere reflected in the budget. If according to you the economy of the country is doing well then why did your income decline? What are the reasons for it? Railway Minister has made a deduction of Rs.12,000 crore in the railway budget and it has been reduced to Rs 28,000 crore from Rs 40,000 crore. This deduction of Rs 12,000 crore has been made because you could not utilize this amount. I think it is a sick railway. You can't 162 ever make strong economy with it. Situation is very serious. I don't know whether this railway ministry is being run by you or by Prime Minister Office. My third point is about rail operation estimate. There is a big difference between actual budget and rail budget. This exercise of manipulating the figures is not a right thing. This railway is sick railway. No ordinary operation can save it. You have to perform a big surgery upon it. Your two years have passed and I can't understand how you will do this surgery in remaining three years. An other issue is about the price of railway ticket. Every time when budget is introduced why don't you increase the fare at that time. What you do after budget you do it in many ways. More burden comes on people when the price of ticket increases. You increase the quota of 'Premium Tatkal Ticket' and 'Tatkal Ticket'. People have to spend more money. If you want to increase the fare in this manner then you increase the budget. Why do you do it through back door. My third issue is about rail safety and the interest of the railway workers. In comparison to 2014, crimes have increased. About 20,000 people have died in accidents. We have to think about the rising crimes, why crimes are increasing. You need to strengthen the police force, You need to strengthen the RPF. You need to think about the welfare of the workers especially. Railway is our biggest employer. The network of our railway is very large. It is the third largest network in the world after Russia and China. Railway is important for our economy. It is the backbone of the economy of our country. It's condition is very serious. You are talking about PPP. But you should try to improve the condition of the employees. Employees who come under PPP, are exploited. They are compelled to leave their job. Connectivity and facilities to the passengers is very important. The expansion of railway network and to take care of the people who travel especially in third class is very important. It is very necessary to increase the railway facility in tribal areas. We have to think about hawkers. UPA government had taken an initiative to make a policy for them through Street Vendors Bill. It is a question of the livelihood of millions of people. A poor person whether he is sweeper, whether he is a hawker, whether he is your employee, you have to think about his welfare. You should constitute a committee or make a survey about them. My 163 next point is about bullet train. You have not mentioned about it in the budget. It is the pet project of Prime Minister. But, I don't know why you are silent about it. You should talk about it also. We want Indian Railway to be a healthy, safe and growing railway. Rail Budget should be a document, representing the vision of the government which can tell us that the finance and performance of the railway will be able to take India on the path of progress in speedy manner. You are a competent minister. As power minister you had done a good job but your this budget is not a good budget. SHRI R. K. SINHA: This Budget has been brought for discipline in the expenditure, efficiency in management and accountability to the consumers. All the instruments and means of Information Technology of modern age will be utilized. We are very much conscious about improving passenger facilities through social media. This is a revolutionary change. Indian Railways is going to deal with the challenges, wherein he has committed for reconstitution, reconstruction and renovation. The Ministry of Railways has done such a work which would improve the railways. We are planning to double the investment in the coming 15-16 years.