(5)Any person who earns as a proprietor or colonizer to establish colony or constructs or gets constructed building as a building contractor or who working as colonizer or building contractor or gets constructed buildings or flats for transfer by sale or otherwise, under a public or Government institution, municipality and development area, shall develop the colony under the provision of this Act as rules and bye-laws framed for this purpose on the following conditions:-(a)Earmarking of land for urban poor in Plotted Development Scheme: -(i)In all plotted development schemes of area above one hectare (10,000 sqm)not less than 10% of the gross land (which should not be less than 20% of developed land) area shall be earmarked for economically weaker sections and low income groups. Provided that where the total area of land is between 4000 to 10,000 sqm, either land may be reserved for EWS & LIGor shelter fee as prescribed by the appropriate government, shall be collected as the case may be.(ii)All plotted development schemes of area below 4000 sqm may be exempted from reservation of land as well as payment of shelter fee.(iii)The size of the plot reserved for EWS and LIG shall not be less than 30 sqm and 40 sqm respectively and not exceed 48 sqm.(b)Earmarking of FAR for urban poor in Group Housing Schemes: -(i)In all group housing schemes of total plot area of 3000 sqm and above, reservation to the extent of 15% of permissible FAR or 35% of the total dwelling units, whichever is higher shall be provided.(ii)All group housing schemes with plot area below 3000 sqm may be exempted from reservation of floor area as well as payment of shelter fee.(iii)The carpet area of the dwelling unit reserved for EWS shall not be less than 25 sqm and for LIG it should not be more than 48 sqm (as per Affordable Housing Guidelines) or as prescribed by the appropriate Government.(c)Identification of Eligible Persons & Determination of Cost of Land/Houses: -(i)A government department/agency of the appropriate Government shall maintain an inventory of all the plots or houses as the case may be reserved for the Economically Weaker Sections (EWS) and the Low Income Groups (LIG) and ensure its protection from encroachment.(ii)For the allotment of plots or houses to the Economically Weaker Sections (EWS) and the Low Income Group (LIG), the procedure for the selection of eligible persons and the determination of the cost of such plots or houses shall be such as may be prescribed by the appropriate Government.(d)Incentives to Developers: -Every developer who makes provision for earmarking of land or floor area as the case may be for EWS and LIG housing shall be incentivized as may be prescribed by the appropriate Government and may include relaxation of density norms, land use concessions through conversion of part of residential use for commercial use, higher Floor Area Ratio, Transferable Development Right, etc. and/or cross-subsidization.(e)Non-residential Development: -The appropriate government shall consider levy of suitable fee e.g. impact fee on all non-residential land development/buildings above 1000 sqm to generate resources for the shelter fund which ma y be used for provision of land, housing, basic service etc. to the urban poor.(f)Limitation of Shelter Fee: -The Shelter Fee so collected shall be maintained in a separate account and be utilized as per guidelines for the acquisition of land, development of land and construction of houses and in such other ways so as to provide housing for Economically Weaker Sections (EWS) and Low Income Groups (LIG).
