Real Estate Regulatory Bill 2016 (Regulation and Development), was passed in the Upper House, the Rajya Sabha, on 10 March, Lok Sabha passed it on 15 March. The Bill that solicits to protect home buyers as well as incourage investments in the real estate industry has been passed with 20 major amendments that have been approved by the Union Cabinet.

These amendments are based on the suggestions of a Rajya Sabha committee that was endorsed to examine Real Estate Regulatory Bill that was pending in the Rajya Sabha.

To ensure timely execution of projects (the Real Estate Regulatory Bill has paved the way for setting up of a Real Estate Regulatory Authorities (RERAs).

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The Real Estate Regulatory Bill caters for mandatory registration of all projects with the Real Estate Regulation Authority in each state. Now projects on at least 500 sq metres of area or with eight flats are to registered with the recommended regulatory authority; earlier the area was 1000 sq metres. This amendment has brought a larger number of projects under the regulator’s range. Through, this amendment the Government has also tried to make it clear that the Bill aims at establishing regulatory body for transparent business.

Real estate agents who contemplate to sell any apartment, building or plot have to register themselves with the regulatory authority. Now builders have to deposit 70% of the sale proceeds, that comprises of land cost, in a security account to meet construction cost; earlier proposal for the same was 50% or less. And now they have to pay interest to home buyers for any defalcation or delays at the same rate they charge the buyers. Builders are going to be accountable for structural defects for five years; earlier proposal concerning the time frame was of two years.

Under the new proposal carpet area has been clearly defined as usable places like kitchen and toilets have been included in the definition. Garage has been kept out of the compass of the definition of apartment. Formation of residents association within three months of the allotment of a majority of units in a project has been made compulsory.

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Although the Real Estate Regulatory Bill has authorized the regulatory authorities to hear and act the consumers’ complaints, it also permits the aggrieved consumers to approach consumer courts at the district level. The regulatory bodies will mostly be located in the state capitals.

It has been made mandatory for the Appellate Tribunals to adjudicate cases in 60 days; earlier proposal concerning the time- frame was of 90 days. Regulatory Authorities have to dispose of complaints in 60 days; in the earlier proposal there was no time frame.

According to the Real Estate Regulatory Bill there will be an imprisonment of up to three years in the case of promoters and up to one years in the case of real estate agents and buyers for any violation of orders of Appellate Tribunals or monetary fines or both.

The Government, earlier in December 2014, had brought commercial real estate projects under the compass of the Bill, made the conditions of the Bill applicable to all projects in which sales were still in progress and put in place a system that would consent of two thirds of buyers for changing project plans.

The amended and revisedReal Estate Regulatory Bill comprises an empowering provision for arranging insurance of land title, that is at present not available. This provision is going to benefit buyers and sellers in situations where the title of the land becomes invalid.

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After coming to terms with the comprehension that the rights and duties of the citizens are interwoven and correlative, our parliamentarians finally inserted the fundamental duties through the enactment of 42^nd Constitutional Amendment Act in 1976. This amendment incorporated a new part – Part IV A to the Constitution that comprises of only one Article, namely Article 51 A, which specifies a code of ten fundamental duties of the citizens. One more fundamental duty was added in 2002.

This was deliberately done on the part of the then parliamentarians, especially the party in the power the Congress party, as our original and constitution contained only fundamental rights and not fundamental duties. The then ruling party, declaring the non-inclusion of fundamental duties in the constitution as a historical mistake, made the claim that what the framers of the constitution failed to do was being done then.

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Background

In 1976, during the course of the internal emergency (1975-77) as the need and necessity of fundamental duties was felt the Congress Party formed the Sardar Swarn Singh Committee to make the recommendations about it.

The Committee, while recommending the incorporation of a separate chapter on Fundamental Duties in the Constitution, emphasized that citizens should become conscious that in addition to the enjoyment of fundamental rights, they also do have certain duties to perform.

However, in the process of enactment of 42^nd Amendment the government did not accept all recommendations of the Swarn Singh Committee. The recommendations not accepted by the then government were:

• The parliament may provide for the imposition of such pending or punishment as may be considered appropriate for any non-compliance with or refusal to observe any of the duties.
• No law imposing such penalty or punishment shall be called in question in any court on the ground of infringement of any Fundamental Rights or on the ground of repugnancy to any other provision of the Constitution of India.
• Duty to pay taxes should be a Fundamental Duty of the citizens.

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Fundamental Duties as listed in the Constitution

Article 51 A of the constitution of India states that it shall be the duty of every citizen of India:

(i) To abide by the Constitution and respect its ideals and institutions, the National Flag and National Anthem;

(ii) To cherish and follow the noble ideals that inspired the national struggle for freedom;

(iii) To defend the country and render national service when called upon to do so;

(iv) To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women;

(v) To value and preserve the rich heritage of the country’s composite culture;

(vi) To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures;

(vii) To develop scientific temper, humanism and the spirit of inquiry and reform.

(viii) To safeguard public property and to abjure violence;

(ix) To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement and;

(x) To provide opportunities for education to his child or ward between the age of six and fourteen years. This (duty) was added by the 86^th Constitutional Amendment Act, 2002.

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Characteristics of the Fundamental Duties

Some of the Fundamental Duties belong to the class of moral duties and others and belong to the class of civic duties. For example, cherishing noble ideals of freedom struggle is a moral duty and respecting the constitution, National Flag and National Anthem is a civil duty.

Fundamental Duties are about such values that have been a part of Indian tradition, religions, mythologies and practices. In fact; the duties are integral to the Indian way of life.

In this context it is important to mention here what the Verna Committee had said that on Fundamental Duties. The committee said, essentially all that is contained in the Fundamental Duties is just a codification of tasks integral to the Indian way of life. A close scrutiny of clauses of Article 51 A indicates that a number of these clauses basically refer to such values as have been a part of the Indian tradition, mythology, religious and practices….it would be essential to create public awareness of the need to appreciate and internalize the concept and practice of Fundamental Duties with particular emphasis on the necessity of creating a harmonious society with a scientific outlook, free from tensions and turmoils.

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Fundamental Duties, Human rights and Mahatma Gandhi

The Fundamental duties, incorporated in the Article 51 A, are in concord with Article 29 of the Universal Declaration of Human Rights that says:

“Everyone has duties to community which alone the free and full development of his personality is possible.”

Mahatma Gandhi, while expressing his thoughts on the Universal Declaration of Human Rights, said: “The source of right is duty. If we all discharge our duties, rights will not be far to seek. If leaving duties unperformed we run after rights, they will escape us like will 0’ the wisp, the more we pursue them, the further they will fly.”

Importance of Fundamental Duties

Fundamental Duties act as a reminder to the citizens that while enjoying their fundamental rights, they must not forget the duties they owe to their country and their society.

These duties function as a warning against the anti-social and anti-national activities such as burning the national flag and so on. For most of the citizens these duties are not only a source of inspiration but also promote discipline and commitment among them. The duties instigate a feeling that the citizens are not spectators only but active participants too in the process of fulfillment of national goals.

Since the Fundamental Duties are enforceable by law, the Parliament has got the power for the imposition of appropriate penalty for failure to fulfill any of them.

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