Housing Legislation

(Housing Schemes)
Various schemes of the Government of India for provision and
improvement of Housing - Rajiv Awas Yojana, VAMBAY, Pradhan Mantri
Awas Yojana and Rajiv Rinn Yojana and their impact; Important State
Government Schemes
 Definitions (PMAY)
Affordable Housing Housing projects where 35% of the houses are constructed for EWS
Project category
Beneficiary A beneficiary family will comprise husband, wife and unmarried
children. The beneficiary family should not own a pucca house (an all
weather dwelling unit) either in his/her name or in the name of any
member of his/her family in any part of India.
Carpet Area Area enclosed within the walls, actual area to lay the carpet. This area
does not include the thickness of the inner walls
Central Nodal Agencies Nodal Agencies identified by Ministry for the purposes of
implementation of Credit linked subsidy component of the mission
Economically Weaker EWS households are defined as households having an annual income
Section (EWS) up to Rs. 3,00,000 (Rupees Three Lakhs). States/UTs shall have the
flexibility to redefine the annual income criteria as per local
conditions in consultation with the Centre.
 Definitions (PMAY)
EWS House An all weather single unit or a unit in a multi-storeyed super structure
having carpet area of upto 30 sq. m. with adequate basic civic
services and infrastructure services like toilet, water, electricity etc.
States can determine the area of EWS as per their local needs with
information to Ministry
“Floor Area Ratio” The quotient obtained by dividing the total covered area (plinth area)
(FAR)/FSI on all the floors by the area of the plot:
FAR = (Total covered area on all the floors x 100 )/Plot area
If States/Cities have some variations in this definition, State/City
definitions will be accepted under the mission
Implementing Agencies Implementing agencies are the agencies such as Urban Local Bodies,
Development Authorities, Housing Boards etc. which are selected by
State Government/SLSMC for implementing Pradhan Mantri Awas
Yojana – Housing for All (Urban) Mission.
 Definitions (PMAY)
Low Income LIG households are defined as households having an annual income
Group (LIG) between Rs.3,00,001 (Rupees Three Lakhs One) up to Rs.6,00,000 (Rupees
Six Lakhs). States/UTs shall have the flexibility to redefine the annual
income criteria as per local conditions in consultation with the Centre.
Primary Lending Scheduled Commercial Banks, Housing Finance Companies, Regional Rural
Institutions (PLI)Banks (RRBs), State Cooperative Banks, Urban Cooperative Banks or any
other institutions as may be identified by the Ministry
Slum A compact area of at least 300 population or about 60-70 households of
poorly built congested tenements, in unhygienic environment usually with
inadequate infrastructure and lacking in proper sanitary and drinking water
facilities.
State Level Nodal Nodal Agency designated by the State Governments for implementing the
Agencies (SLNAs) Mission
Transfer of TDR means making available certain amount of additional built up area in
Development lieu of the area relinquished or surrendered by the owner of the land, so
Rights (TDR) that he can use extra built up area himself in some other land.
 PRADHAN MANTRI AWAS YOJANA
(PMAY)
Housing for All (Urban)
March, 2016

The Hon’ble President of India, in his address to the Joint Session of

Parliament on 9th June, 2014 had announced “By the time the Nation
completes 75 years of its Independence, every family will have a
pucca house with water connection, toilet facilities, 24x7 electricity
supply and access.”
“Pradhan Mantri Awas Yojana – Housing for
All (Urban)”
The mission seeks to address the housing requirement of urban poor
including slum dwellers through following programme verticals:
• Slum rehabilitation of Slum Dwellers with participation of private
developers using land as a resource
• Promotion of Affordable Housing for weaker section through credit
linked subsidy
• Affordable Housing in Partnership with Public & Private sectors
• Subsidy for beneficiary-led individual house construction
/enhancement.
 Scope
• “Pradhan Mantri Awas Yojana – Housing for All (Urban)” Mission for urban
area will be implemented during 2015-2022 and this Mission will provide
central assistance to implementing agencies through States and UTs for
providing houses to all eligible families/ beneficiaries by 2022.
• Mission will be implemented as Centrally Sponsored Scheme (CSS) except for
the component of credit linked subsidy which will be implemented as a
Central Sector Scheme.
• A beneficiary family will comprise husband, wife, unmarried sons and/or
unmarried daughters. The beneficiary family should not own a pucca
house either in his/her name or in the name of any member of his/her
family in any part of India to be eligible to receive central assistance under
the mission.
 Coverage and Duration
• All statutory towns as per Census 2011 and towns.
• The mission will support construction of houses upto 30 square meter
carpet area with basic civic infrastructure.
• States/UTs will have flexibility in terms of determining the size of house
and other facilities at the state level in consultation with the Ministry
but without any enhanced financial assistance from Centre.
• Slum redevelopment projects and Affordable Housing projects in
partnership should have basic civic infrastructure like water, sanitation,
sewerage, road, electricity etc. ULB should ensure that individual
houses under credit linked interest subsidy and beneficiary led
construction should have provision for these basic civic services.
 Coverage and Duration
• The minimum size of houses constructed under the mission under each
component should conform to the standards provided in National
Building Code (NBC). All houses built or expanded under the Mission
should essentially have toilet facility.
• The houses under the mission should be designed and constructed to
meet the requirements of structural safety against earthquake, flood,
cyclone, landslides etc. conforming to the National Building Code and
other relevant Bureau of Indian Standards (BIS) codes.
 Coverage and Duration
• The houses constructed/acquired with central assistance under the
mission should be in the name of the female head of the household or in
the joint name of the male head of the household and his wife, and only
in cases when there is no adult female member in the family, the
house can be in the name of male member of the household.
• State/UT Government and Implementing Agencies should encourage
formation of associations of beneficiaries under the scheme like RWA
etc. to take care of maintenance of houses being built under the
mission.
 Implementation Methodology

The Mission will be

implemented through four
verticals giving option to
beneficiaries, ULBs and
State Governments. These
four verticals are as below:
 Valmiki Ambedkar Awas Yojana
(VAMBAY)
Ministry of Urban Development Govt. of
India Guidelines
Shelter is a basic human requirement. For a shelterless person, getting a
house brings about a profound social change in his status and welfare,
endowing him with an identity and integrating him with his social milieu.

Valmiki Ambedkar Awas Yojana (VAMBAY) is a centrally sponsored scheme

for the benefit of Slum Dwellers. The scheme is primarily aimed at
ameliorating the housing problems for the Slum Dwellers living Below
Poverty Line in different towns and cities of the State.
 Objectives
• to provide shelter or upgrade the existing shelter for people living
Below Poverty Line in Urban Slums, with a view to achieve the goal of
“Shelter for All”.
• To utilize this initiative to achieve the Habitat goal of slumless cities.
• To provide not just shelter for the urban poor but also a healthy and
enabling urban environment, to help them to come out of their
poverty level.
• There is need to dovetail VAMBAY with National Slum Development
Programme (NSDP) and Swarna Jayanti Shahari Rojgar Yojana
(SJSRY) to ensure that shelter delivery, environment improvement
and income upgradation for the urban poor are synergised.
 Target Group
The target group under the VAMBAY will be slum dwellers in Urban
areas who are below the poverty line including members of the EWS
who do not posses adequate shelter. However, preference is to be
given to people below poverty line.
 Slum- Definition
For the purpose of VAMBAY it is proposed to adopt the slum definition
in the 2001 census, as follows:
a). All areas notified as “Slum” by State /Local Government and UT
Administration under any Act.
b). All areas recognized as “Slum” by State/Local Government and UT
Administration, which have not been formally notified as slum under any Act.
c). A compact area of at least 300 population or about 60-70 households of
poorly built congested tenements, in an unhygienic environment usually with
inadequate infrastructure and lacking in proper sanitation and drinking water
facilities.
 Nirmal Bharat Abhiyan
• The definition of malin basti or slum is to be taken in a wider sense to
cover not only inadequacy of houses or tenements but also other basic
amenities such as Water Supply, toilet facilities, disposal system etc.,
which make habitation livable and environment friendly.
• It is for the local authorities to see that the water supply in the slum areas
is suitably augmented either by providing connections or at least increasing
the number of stand posts to take the availability to the minimum desired
level of one public source for 20 families.
• 20% of the total allocation under this VAMBAY will be used for
infrastructure @ 50% as grant from GOI and 50% as loan from HUDCO. The
State Govt/Local Bodies of course will free to supplement with their own
grant or subsidy as the case may be.
 Reservations
In selecting the beneficiaries the following reservations shall be
followed:
a). SC/ST : Not less than 50%
b). Backward classes : 30%
c). Other weaker Sections: 15% (OBC, BC, etc as defined by the State Govt.)
d). Physically & Mentally disabled And handicapped persons : 5%

Within this reservation, preference will be given to women headed

households, urban poor who are members of Self Help Groups and
persons eligible for old age pension as defined by the State
Government.
 Type Design
No hard and fast type design is prescribed for VAMBAY
dwelling units. However, the plinth area of a new house
should normally be not less than 15 sq. mtr. The lay out,
size and type design of VAMBAY dwelling units would depend
on the local condition and preferences of the beneficiary.

The barrier free concept may be incorporated in all the

VAMBAY houses. In areas frequented by natural calamites
such as fire, flood, cyclones, earthquakes etc. incorporation
of disaster resistance features in design shall be made
compulsory.
 Urban Infrastructure
• Though there is a provision in the unit cost of a VAMBAY unit for
provision of infrastructure the Urban Local Body will need to mobilise
other resources for provision of water supply, sanitation electricity
etc.
• Community Infrastructure and availability of social infrastructure such
as schools, hospitals, transport links etc are mandatory for sanction of
VAMBAY projects.
• Community infrastructure and social infrastructure including green
areas, open spaces and recreational areas must be an integral part of
VAMBAY designing.
 Rajiv Awas Yojana

Rajiv Awas Yojana (RAY) envisages a “Slum Free India" with inclusive
and equitable cities in which every citizen has access to basic civic
infrastructure and social amenities and decent shelter.
 Mission
• Encourage States/Union Territories (UTs) to tackle slums in a definitive
manner, by focusing on:
1. Bringing all existing slums, notified or non-notified (including recognized
and identified) within the formal system and enabling them to avail the
basic amenities that is available for the rest of the city/UA;
2. Redressing the failures of the formal system that lie behind the creation of
slums by planning for affordable housing stock for the urban poor and
initiating crucial policy changes required for facilitating the same.
 Objectives
1. Improving and provisioning of housing, basic civic infrastructure and social amenities in
intervened slums.
2. Enabling reforms to address some of the causes leading to creation of slums.
3. Facilitating a supportive environment for expanding institutional credit linkages for the
urban poor.
4. Institutionalizing mechanisms for prevention of slums including creation of affordable
housing stock.
5. Strengthening institutional and human resource capacities at the Municipal, City and
State levels through comprehensive capacity building and strengthening of resource
networks.
6. Empowering community by ensuring their participation at every stage of decision
making through strengthening and nurturing Slum Dwellers’ Association/Federations.
 Objectives
• RAY is to be implemented in a mission mode and will provide financial support to States/UTs/
Urban Local Bodies (ULBs)/Central Government Agencies, hereafter called implementing agencies,
for providing housing and improvement of basic civic infrastructure and social amenities in each
selected slums.
• Rental and transit housing will be admissible under the scheme. Operation and maintenance
(O&M) of assets created under this scheme will also be eligible for funding.
• RAY will also extend financial support States for creation of affordable housing stock through
public-private partnership (PPP) under the Affordable Housing in Partnership (AHP) component of
the scheme.

The scheme is applicable to all slums within a city, whether notified or non-notified (including
identified and recognized), whether on lands belonging to Central Government or its Undertakings,
Autonomous bodies created under the Act of Parliament, State Government or its Undertakings,
Urban Local Bodies or any other public agency and private sector. It is also applicable to “urbanized
villages” inside the planning area of the city, urban homeless and pavement dwellers.
 Rajiv Rinn Yojana
Rajiv Rinn Yojana (RRY) is an instrument to address the housing needs of the
EWS/LIG segments in urban areas, through enhanced credit flow.

It is also formulated to channelize institutional credit to the poorer segments of the

society and increasing home ownership in the country along with addressing
housing shortage.

RRY has been formulated by modifying the Interest Subsidy Scheme for Housing
the Urban Poor (ISHUP) piloted in the 11th Plan period with enhanced scope and
coverage.

RRY is a Central Sector Scheme applicable in all the urban areas of the Country.
 Rajiv Rinn Yojana
RRY provides for interest subsidy of 5% (500 basis points) on loans granted to EWS
and LIG categories to construct their houses or extend the existing ones. Loan upper
limit Rs 5 lakh for EWS and 8 lakh for LIG; interest subsidy would, however, be
limited to the first Rs 5 lakh of the loan amount, in case the loan exceeds this
amount.

Rajiv Rinn Yojana is a target driven scheme. The overall target for the 12th Plan
period is 1 million (or 10 lakh) dwellings across country including slum and non-
slum dwellers. The Targets for the States for the current Financial Year (2013-14)
are periodically fixed and conveyed to the concerned department(s). Housing and
Urban Development Corporation (HUDCO) and National Housing Bank
(NHB) have been designated as the Central Nodal Agencies for the Scheme.
Indira Awas Yojana (1996 – 75:25)
• All BPL or income less than Rs. 32,000 (Annual)
• GP and Gram sabha- Writing list on GP wall
• Priority, SC/ST-(Permanent Waitlist) Proportionate
• Unit Cost Plain Rs. 70,000 - (75,000) minimum plinth 20 sm
• Support for Up gradation Rs. 20,000
• Credit cum subsidy Rs. 62,500 (50,000 +12,500)
• Payment through bank account (female)
• Monitoring &Evaluation (Gram sabha,Local Area Officers, Awaassoft & NLM of MoRD)
New Initiatives
• Administrative Expenses – 4% of fund released
• House site support for Landless- 20,000 (Homestead)-20,000
• Empowered Committee (ASRD)
• 5 % of total budget for special projects)
• Habitat for PTG/FRA & Individual for Scattered
• Access to Land, Finance, Infrastructure, Technology, Delivery mechanism,
Capacity building & Information
 Land Use Classification in India (2009-10)
Poverty Ratio in India
10% 60
Land under
17% Cultivation
50
40
30
20
Land under 10
Forests 0
1973-74 1999- 2009-10
2000
73% Not available Rural 56.4 41.8 33.8
for Urban 49 25.7 20.9
Cultivation Total 54.9 37.2 29.8

Literacy Rate in India - 2011 Census

90
80
70
60
50
40
30
20
10
0
Rual Urban Total Male Femal Total
e
Series1 68.91 84.98 74.04 82.14 65.46 74.04
Conclusions
• IAY could not help to realise the Dream of having one’s own house to lead safe,
secure, comfortable and healthy life as desired
• The limited success of IAY was determined by a few committed officials, PRIs,
Women, NGOs and Beneficiaries
• Separate administrative structure, online system, cluster type of housing,
convergence with SHGs, NREGS has made IAY more effective
• Immediate adoption of NRH&HP in totality could ensure safe, secure ,
comfortable and sustainable habitat (CET) for well being of rural people.