Legislative Initiative by the Ministry
Although the Parliament does not have powers to legislate on the urban issues, the Ministry of Urban Development has taken initiative for legal and regulatory reforms in the housing and urban development sector . Such initiatives are of two types
- Advising State Governments with Modal Legislations
- Advising other Ministries of Government of India for legal reform in areas which have bearings on the urban sector.
The following model legislation have been prepared and circulated to all the State Government to help them formulate their respective legislation to bring about uniformity in various state laws and also to simplify the regulations
- Model Rent Control Legislation
- Model Apartment Ownership Legislation
- Model Property Regulation Legislation
- Model Urban and Regional Planning and Development Legislation
- Model Legislation regarding Housing Cooperatives.
- Model Chapter on Property tax for inclusion in the State Municipal Laws
- Some State have already enacted laws / formulated bills on the basis of these model legislation.
See Model Municipal Laws
Legal Reforms in Related Areas
Ministry has proposed a series of reforms in related areas to create an enabling legal environment for speedier implementation of urban development schemes and for attracting larger participation of private sector. Some of these proposals are:
- Amendment of Land Acquisition Act, 1894 to speed up the process of acquisition and to delink the process of taking over possession of land from the process of determining compensation
- Amendment of the Transfer of Property act, 1882 to bring the concept of categorisation of mortgages in line with recent practices of housing and financial institutions, in particular English Mortgage and equitable Mortgage, lay down uniform Mortgage documents, introduce speedy and predictable system of foreclosure of mortgages and to give legal shape to rights of owners in multi storeyed apartments.
- Amendment of the Indian Stamp Act, 1899 and the Indian Registration Act, 1908 to delink the process of registration from the payment of stamp duty, to liberate the registration process from the requirement of various no objection certificates and to rationalise stamp duties on various instruments.