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Haryana Government Gazette

EXTRAORDINARY

Published by Authority

No. 203-2018/Ext.] CHANDIGARH, THURSDAY, DECEMBER 6, 2018 (AGRAHAYANA 15, 1940 SAKA)

HARYANA GOVERNMENT

TOWN AND COUNTRY PLANNING DEPARTMENT

Notification

The 6th December, 2018

No. T&CP/Misc-973/2018/7/20/2018-2TCP.— The Governor of Haryana is pleased to notify a

comprehensive ‘Affordable Housing Policy (PMAY) 2018’ under the provisions of Section 9A of the Haryana

Development and Regulation of Urban Areas Act, 1975 and any other corresponding statue governing development

of group housing colonies on the subject.

The policy, of which the details are given in Annexure-A below, has been concurred by the Finance

Department vide their UO No.01/81/2009-5FD-III/31119 dated 14.11.2018 and approved by the Council of Ministers

in its meeting held on 15.11.2018.

This policy shall come into effect from the date of its notification. The Director Town and Country Planning,

Haryana, is hereby directed to effectively implement this policy to facilitate creation of additional affordable housing

stock in the urban areas of the State.

Annexure-A

“AFFORDABLE HOUSING POLICY (PMAY) FOR AREA FALLING WITHIN MUNICIPAL LIMITS

(OUTSIDE CORE AREAS) 2018.”

FOREWORD:

(i)

This policy shall be known as ‘Affordable Housing Policy (PMAY) 2018’. All references to ‘policy’ in

this document shall imply ‘Affordable Housing Policy (PMAY) 2018 (AHP-PMAY 2018)’.

(ii)

This policy is intended to encourage the planning and completion of ‘Group Housing Projects’ wherein

apartments of ‘pre-defined size’ are made available at ‘pre-defined rates’ within a ‘Targeted time-

frame’ as prescribed under the present policy to ensure increased supply of ‘Affordable Housing’ in the

residential sectors falling in municipal limits predominantly to the Pradhan Mantri Awas Yojna

(PMAY) beneficiaries as identified by Department of Urban Local Bodies, Haryana (DULB). This

policy shall accordingly be co-terminus with the PMAY scheme of Govt of India and shall end with the

end of PMAY scheme.

(iii)

Depending upon the category of project and the category of beneficiaries in the project, various

financial benefits are available under the PMAY scheme. The colonizer shall go through the scheme

documents before formulating the project proposal and shall also coordinate with the Mission Director,

State Urban Development Authority, Haryana to ensure optimum benefits under the PMAY scheme to

the project as well as to the allottees. The colonizer shall also hand-hold and guide its allottees to enable

them to avail relevant benefits under the PMAY scheme.

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HARYANA GOVT. GAZ. (EXTRA.), DEC. 6, 2018 (AGHN. 15, 1940 SAKA)

(iv)

All such projects shall be required to be necessarily completed within 2 years from the approval of

building plans or grant of environmental clearance, as applicable and whichever is later, irrespective of

validity period of the licence. This date shall be referred to as the ‘date of commencement of project’

for the purpose of this policy. The validity of licences shall be restricted to the said 2 years period from

the date of commencement of project.

SITING PARAMETERS:

(i)

The licences under this policy shall be granted only in the residential sectors falling within municipal

limits of all development plans.

Note: For the purpose of this policy, a residential sector of which, at least 75% area falls within municipal

limits, shall be considered to be a residential sector falling within municipal limits, for grant of licence

under this policy and the decision of Director in this regard shall be final.

(i)

Targeted towards identified PMAY beneficiaries, this policy shall be applicable only in such towns, on

any given date, where at least 150 identified PMAY beneficiaries exist as per the list/database

maintained by DULB. Provided that the left over (less than 150 in no.) identified beneficiaries may be

adjusted in the EWS housing stock to be created by Housing Board, Haryana, in various towns of

Haryana. However, in case EWS housing stock is not available, then applications under this policy

shall be invited.

Note: a. A dynamic list of such identified PMAY beneficiaries shall be maintained by DULB, which

shall also be regularly updated by DULB, by including new identified beneficiaries or by

excluding such beneficiaries to whom allotments are made under any prevailing PMAY scheme

in the State from time-to-time, by various State agencies.

Any town, where the beneficiaries list gets exhausted on account of allotment to such identified

beneficiaries of the town on a given date, shall get automatically struck off the list of town where

the present policy is applicable.

The availability of identified PMAY beneficiaries in such dynamic list/ database, on any given

date, shall be considered as final for the purpose of considering the eligibility of any town under

the present policy.

(ii)

The maximum area for which such projects can be allowed in such residential sector within municipal

limits shall be granted subject to availability of sufficient area

within the overall 15 acre limit for AHP 2013 in a sector; and,

for such residential sectors other than that of FDP GMUC 2031; within the all-inclusive 40%

limit prescribed for a residential sector for Group Housing, AHP 2013 projects and DDJAY

projects; and,

for such residential sectors of FDP GMUC 2031;within the all-inclusive limit prescribed for a

residential sector for Group Housing and AHP 2013 projects as well as,

such area, that is left-over after consideration of the pending licence applications of Group

Housing, AHP 2013 projects and DDJAY projects.

(iii)

The mechanism as being followed for grant of licence as per the policy parameters prescribed vide

memo no PF-27/2017/8/26/2017-2 TCP dated 10.10.2017, shall be followed for grant of licence under

the present policy, after ascertaining the availability of area in a given sector against the criteria

prescribed under para 2(ii) above.

(iv)

The licencee shall allot at-least 60% of the dwelling units under such projects to the identified PMAY

beneficiaries only and shall submit an undertaking to this effect at the time of submission of licence

application under this policy.

(v)

The applications for licence received under this policy should be made in the format as prescribed in

Rule 3 of the Haryana Development and Regulations of Urban Areas Rules, 1976 and the said Rules

shall be applicable mutatis-mutandis for processing of the application under this policy.

MINIMUM AND MAXIMUM AREA FOR SUCH PROJECT: The minimum and maximum area for such projects

shall be 1 acre and 5 acres respectively.

HARYANA GOVT. GAZ. (EXTRA.), DEC. 6, 2018 (AGHN. 15, 1940 SAKA)

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PLANNING AND AREA PARAMETERS:

(i)

Planning Parameters: The planning parameters for the projects allowed under this policy are as

follows:

(a)

Min. and Max. density permitted:

750 ppa (min) & 900ppa (max)

(b)

Maximum FAR allowed:

225

(c)

Maximum Ground Coverage allowed:

50%

(d)

Maximum area under Commercial Use:

4% of the Net Planned Area at

175 FAR.

(e)

Minimum Area under organized Open Space:

15% of the Net Planned Area

(f)

Occupancy Norm (for density calculations):

5 persons per flat

(g)

An additional component of population density, FAR and commercial area is provided

beyond what is allowed in group housing colonies to ensure the viability of such projects

(ii)

Type of Apartment and Area under such Apartments:

The apartments of pre-defined size-rangeshall be allotted at a pre-defined rate to ensure

provision of affordable housing under this policy.

The carpet area of the apartments shall range from 28sqm to 60sqm in size.

The term "carpet area" shall mean the net usable covered floor area bound within the walls of

the apartment but excluding the area covered by the walls and any balcony which is approved

free-of-FAR, but including the area forming part of kitchen, toilet, bathroom, store and built-in

cupboard/ almirah/ shelf, which being usable covered area shall form part of the carpet area.

Though there is no binding to provide separate EWS category flats, the colonizers are

encouraged to formulate their projects with appropriate number of EWS flats for allottment as

per the PMAY-EWS guidelines, to derive maximum benefits under the PMAY scheme.

(iii)

Parking Norms:

The parking space shall be provided at the rate of half Equivalent Car Space (ECS) for each

dwelling unit.

Only one two-wheeler parking site shall be earmarked for each flat, which shall be allotted only

to the flat-owners. The parking bay of two-wheelers shall be 0.8m x 2.5m unless otherwise

specified in the zoning plan.

No car parking shall be allotted to any apartment owner in such projects.

The balance available parking space, if any, beyond the allocated two-wheeler parking sites, can

be earmarked as free-visitor-car-parking space.

Additional parking norms and parameters, if any, can be specified in the zoning plan.

(iv)

Public Health Services:

Under this policy, high density projects shall get created over relatively much smaller land

pockets, wherein, provisioning/ integration of public health infrastructure may remain a major

challenge. Depending upon their size, many of such projects shall remain beyond the ambit of

‘environmental clearance laws’. Accordingly, the developer shall be required to submit a project

report along with the licence application, in which a plan for arranging connection for water

supply, sewerage, storm water drainage and electricity from the concerned Public/State agencies

shall be submitted along with a comfort-letter/ letter-of-intent from the concerned Public/State

agency. The Developer shall be required to enter into an agreement with the concerned

Public/State agency, for deriving the public health services, failing which the licence application

shall not be considered favourably.

The provision for Sewerage Treatment Plant and dual piping system for recycling of treated

water for flushing purposes shall be mandatory in such projects.

The completion of the colony shall be allowed only after the colony stands connected to the

basic minimum public health services, viz., water supply, sewerage, storm water drainage and

electricity.

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HARYANA GOVT. GAZ. (EXTRA.), DEC. 6, 2018 (AGHN. 15, 1940 SAKA)

(v)

Community Sites: The coloniser shall be required to provide the following community sites in any such

project, which shall form part of the common areas and facilities as defined under the Haryana

Apartment Ownership Act:

One built-up Community Hall of not less than 1000sqft.

One built-up Anganwadi-cum Creche of not less than 1000 sqft area.

No other community sites shall be required to be provided in such project.

(vi)

Maintenance of colony after completion of project: A commercial component of 4% is being allowed in

the project to enable the coloniser to maintain the colony free-of-cost for a period of five years from the

date of grant of occupation certificate, after which the colony shall stand transferred to the “association

of apartment owners” constituted under the Haryana Apartment Ownership Act 1983, for maintenance.

The coloniser shall not be allowed to retain the maintenance of the colony either directly or indirectly

(through any of its agencies) after the end of the said five years period. Engaging any agency for such

maintenance works shall be at the sole discretion and terms and conditions finalised by the “association

of apartment owners”constituted under the Apartment Ownership Act 1983.

ALLOTMENT RATES; ALLOTMENT & ELIGIBILITY CRITERIA:

(i)

Allotment Rate: The allotment rate for the apartment units approved under such projects shall be as

follows:

Sr.

No.

Residential Sectors falling in Municipal

limits of following towns

Maximum allotment rate on

per sqft carpet area basis

Additional recovery against

balcony of min 5ft clear

projection♯

a. Gurugram and Faridabad

Rs.3,500/- per sq. ft.

Rs. 500 per sqft against all

balcony area in a flat adding

upto and limited to 100 sqft,

as permitted in the approved

building plans.

b. Panchkula, Pinjore-Kalka, Sonipat,

Panipat & Sohna

Rs.3,000/- per sq. Ft.

c. Karnal, Ambala, Hisar, Yamunanagar,

Rohtak, Kurukshetra, Bhadurgarh, Bawal,

Rewari, Palwal, Hodel, Dharuhera &

Gannaur

Rs.2,500/- per sq. ft.

c. Rest of the Development Plans

Rs.2,100/- per sq. ft.

NOTE: ♯:Such balconies shall not be part of carpet area and shall continue to be allowed free-of-FAR.

(ii)

Eligibility Criteria:

Any person can apply, however, the PMAY beneficiaries, which include their spouse or

depended children, identified by the Urban Local Bodies Department, Haryana under “Pradhan

Mantri Aawas Yojna (PMAY)” programme shall be granted preference in allotment. First

priority shall be given to the identified beneficiaries of the said town followed by other PMAY

beneficiaries of the said district and lastly to other PMAY beneficiaries of the State of Haryana.

Thereafter, for the remaining flats, persons which include their spouse or dependent children

who do not own any flat/plot in any HUDA developed colony/sector or any licenced colony in

any of the Urban areas in Haryana, UT of Chandigarh and NCT Delhi shall be given next

preference in allotment of flats. An applicant in a specific colony shall make only one

application. Any successful applicant under this policy shall not be eligible for allotment of any

other flat under this policy in any other colony. In case he/she is successful in more than one

colony, he/she will have choice to retain only one flat. All such applicants shall submit an

affidavit to this effect.

(iii)

Allotment criteria

Whereas, an endeavour shall be made to maximise the number of allotments to identified PMAY

beneficiaries, under no circumstances the allotment to such identified PMAY beneficiaries be

less that 60% of the total number of flats in a given project. The colonisers shall obtain the

contact details of such identified PMAY beneficiaries from DULB and shall pursue directly with

such beneficiaries to maximise the number of allotments to such identified beneficiaries.

Note: 1. The colonizer shall through direct contact as well as through regular advertisements, for a

period of at least six months follow-up for adequate applications from identified PMAY

HARYANA GOVT. GAZ. (EXTRA.), DEC. 6, 2018 (AGHN. 15, 1940 SAKA)

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beneficiaries, after which if the minimum number of PMAY applications are not received, the

Government shall take a decision on the further continuance of such project on case-to-case

basis on individual merits.

2. All advertisements shall clearly specifiy the order of preference to be granted to identified

PMAY beneficiaries.

Upto 10% of the total number of flats as approved in the building plans may be allotted by a

licensee to its employees/ associates/ friends/ relatives etc. subject to the disclosure of their

name/address and other identification details to the allotment committee and the allotment

procedure for such flats shall also be completed along with the draw of flats for general category

flats. The rates and eligibility criteria prescribed under this policy shall continue to be applicable

on such preferential allotments also and the allotment procedure shall be completed along with

general category flats. In case, less allotments are made for such preferential category flats, the

extra availability shall be merged with general category allotments.

In case the number of applications from identified PMAY beneficiaries does not exceed the

number of available flats for allotment, the allotment to such PMAY applicants shall be made on

preferential basis. Else, the allotment shall be through the prescribed process of draw-of-lots, if

the applications from PMAY applicants exceeds the number of available flats for allotment.

(iv)

Procedure for draw of lots: The draw for lots for allotment of apartments shall be held to decide

upon:

(a)

The flat number to be allotted to a successful allottee;

(b)

To finalise the list of successful allottees in case the number of PMAY applicants is more than

the number of available flats,

(c)

To finalise the list of successful general allottees (after leaving aside the flats for PMAY

applicants) if the number of general applicants is more than the number of flats available.

The draw of lots shall be held under the supervision of a committee constituted for the purpose by

following a transparent procedure as below.

Advertisements for booking of apartments shall be issued by the colonizer at regular intervals in

‘One of the leading English National daily’ and ‘Two Hindi Newspapers’ having circulation of

more than ten thousand copies in the State to ensure adequate publicity of the project and should

include details like allotment rate, schedule of payment, number and carpet area of apartment

etc. The proforma of advertisement shall be separately approved by the DGTCP and hosted on

the Department website for clarity.

The flats in a specific project shall be allotted in one go within four months of the sanction of

building plans. In case, the number of applications received is less than the number of

sanctioned flats, the allotment can be made in two or more phases. However, the licencee will

start the construction only after receipt of environmental clearance, wherever applicable, from

the competent authority. The licencee will start receiving the further installments only after such

environmental clearance is received. Further, if the licencee, fail to get environmental clearance

even after one year of holding of draw, the licencee is liable to refund the amount deposited by

the applicant alongwith an interest of 12%, if the allottee so desires.

Any person interested to apply for allotment of flat in response to such advertisement by a

coloniser may apply on the prescribed application form alongwith 5% amount of the total cost of

the flat. All such applicants shall be eligible for an interest at the rate of 10% per annum on the

booking amount received by the developer for a period beyond 90 days from the close of

booking till the date of allotment of flat or refund of booking amount as the case may be. The

applicant will be required to deposit additional 20% amount of the total cost of the flat at the

time of allotment of flat. The balance 75% amount will be recovered in six equated quarterly

instalments spread over 1½ years period, with no interest falling due before the due date for

payment. Any default in payment will bear penal interest as provided in Rule 15 of the Haryana

Real Estate Regulatory Authority, Rules, 2017. The project-wise list of allottees shall also be

hosted on the website of the Department.

The scrutiny of all applications received as per the parameters prescribed in the policy shall be

completed by the coloniser under the overall monitoring of concerned District Town Planner

(DTP). The scrutiny of applications by the joint team of coloniser and the concerned DTP shall

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HARYANA GOVT. GAZ. (EXTRA.), DEC. 6, 2018 (AGHN. 15, 1940 SAKA)

be completed within three months from the last date of receipt of applications as indicated in the

advertisement.

On completion of scrutiny as above, the concerned Senior Town Planner shall fix the date of

draw of lots. Simultaneously the ineligible applications shall be returned within one month of

completion of scrutiny by the coloniser indicating the grounds on which the applications have

been held to be ineligible alongwith the 5% booking amount received from such applicants. No

interest in such case shall be paid.

After fixation of date for draw of lots, an advertisement shall be issued by the coloniser

informing the applicants about the details regarding date/time and venue of the draw of lots in

the same newspaper in which the original advertisement was issued.

The allotment of apartments shall be done through draw of lots in the presence of a committee

consisting of Deputy Commissioner or his representative (at least of the cadre of Haryana Civil

Services), Senior Town Planner (Circle office), DTP of the concerned district and the

representative of coloniser concerned.

Only such applications shall be considered for draw of lots which are complete and which fulfil

the criteria laid down in this Policy. However, it is possible that some of the application forms

have certain minor deficiencies, viz., missing entry on the application form, incorrect/missing

line in affidavit, illegible copies of certain documents. Such applications may also be included in

the draw of lots. However, in case any of such applications are declared successful in the draw

of lots, applicants may be granted an opportunity of removing the shortcomings in their

application in all respects within a period of 15 days, failing which their claim shall stand

forfeited. The said 15 days period shall start from the date of publication of the list of successful

allottees in the newspaper marking those successful applications with minor deficiencies for

information and notice of such applicants for removing such deficiencies and submit the same to

the concerned DTP. The list of such successful allottees shall also be maintained on the website

of the Department.

A waiting list for a maximum of 25% of the total available number of flats available for

allotment, may also be prepared during the draw of lots who can be offered the allotment in case

some of the successful allottees are not able to remove the deficiencies in their application

within the prescribed period of 15 days. In case of surrender of flat by any successful applicant,

an amount of Rs. 25,000/- may be deducted by the coloniser. Such flats may be considered for

offer to those applicants falling in the waiting list. However, non-removal of deficiencies by any

successful applicant shall not be considered as surrender of flat, and no such deduction of

Rs. 25,000/- shall be applicable on such cases. If any wait listed candidate does not want to

continue in the waiting list, he may seek withdrawal and the licencee shall refund the booking

amount within 30 days, without imposing any penalty. The waiting list shall be maintained for a

period of 1½ years, after which the booking amount shall be refunded back to the waitlisted

applicants, without any interest. All non-successful applicants, shall be refunded back the

booking amount within 15 days of holding the draw of lots.

If any successful applicant fails to deposit the installments within the time period as prescribed

in the allotment letter issued by the colonizer, a reminder may be issued to him for depositing

the due installments within a period of 15 days from the date of issue of such notice. If the

allottee still defaults in making the payment, the list of such defaulters may be published in one

regional Hindi news-paper having circulation of more than ten thousand in the State for payment

of due amount within 15 days from the date of publication of such notice, failing which

allotment may be cancelled. In such cases also an amount of Rs. 25,000/- may be deducted by

the coloniser and the balance amount shall be refunded to the applicant. Such flats may be

considered by the committee for offer to those applicants falling in the waiting list.

APPLICABLE FEES & CHARGES:

(i)

The applicability of fees and charges, including EDC, shall continue to be as earlier prescribed under

the AHP 2013 policy, as revised from time-to-time.

(ii)

In order to encourage early completion of projects, in case the colonizer completes the project in 1½

years from the date of commencement of project and applies for grant of occupation certificate in such

period, the payment of last instalment of EDC shall be considered for waiver after grant of occupation

certificate.

HARYANA GOVT. GAZ. (EXTRA.), DEC. 6, 2018 (AGHN. 15, 1940 SAKA)

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SPECIAL DISPENSATIONS:

(i)

As a matter of security against any possible delinquencies in completion of the project, the coloniser

shall be required to furnish bank guarantee against the total realisation from the project at the rate of

15% for areas falling in the Development Plans of Gurgaon, Faridabad, Sohna, Panchkula, Panchkula

Extn and Pinjore-Kalka and at the rate of 10% for rest of the towns to be furnished within 90 days of

the date of commencement of the project. The bank guarantee shall be proportionately released against

block-wise occupation certificate obtained by the licencee. However 10% of the total bank guarantee

submitted shall be retained to be released at the end of 5 years maintenance period.

(ii)

No allotment of flat shall be permitted until the date of commencement of the project. However, the

formalities pertaining to the allotment of flats can be initiated at an appropriate date after obtaining the

licence to enable the actual allotment of flat immediately after the date of commencement of project.

(iii)

Once an apartment is allotted through the procedure as specified above, the same cannot be transferred

by the coloniser to any other person by documentation in its records. Such apartments shall also be

prohibited for transfer/sale up to one year after getting the possession of the flat to avoid speculation

and to provide housing to the genuine persons. Breach of this condition will attract penalty equivalent

to 200% of the selling price of the flat. The Penalty will be deposited in the ‘Fund’ administered by the

Town and Country Planning Department so that the infrastructure of the State can be improved. Failure

to deposit such penalty shall result in resumption of the flat and its re-allotment in consultation with the

Department.

(iv)

The transfer of property through execution of irrevocable General Power of Attorney (GPA) where the

consideration amount has been passed to the executor or any one on his behalf, will be considered as

sale of the property and same will be counted as breach of terms and conditions of the policy. Penal

proceedings as per the prescribed provisions above shall be initiated.

(v)

The allotment letter and sale-purchase agreement entered into with the allottees shall also include the

parameters prescribed under this policy to maintain complete transparency in the matter.

(vi)

The developer shall disclose in the ‘Application Form’ as well as in the advertisement, the complete set

of specifications to be adopted for finishing/fittings to be provided by the coloniser in the flat, viz.,

Flooring (Rooms, Kitchen, Toilet & Bathroom, Balcony, Common Areas, staircase etc.); Door &

Window frame and panel; Kitchen Worktop & Wall finishing; Toilet & Bathroom fittings and wall

finishings; Internal Electrical Wiring, fittings, electrical points etc.; Internal public health Services—

pipes and fittings, sewerage and sanitary fittings; Wall finishing; Staircase and Balcony railings, etc.”

Chandigarh:

A. K. SINGH,

The

Principal Secretary to Government Haryana,

Town and Country Planning Department.

8462—C.S.—H.G.P., Pkl.