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    -Ajay Sharma -Himanshu Singh

    -Deepak Cyril -Sridhar Iruvanti

    -Debayan Banerjee

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    OVERVIEW Presently one of the most booming industries in the world

    Categorized as Heavy Engineering, General

    Construction and Construction involving Specialty Traits

    Rapidly Growing in Asian Tiger countries i.e. India and China

    In India Construction is the 2nd largest activity after Agriculture

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    Construction accounts for nearly 65% of the investments

    made in Infrastructure and Real Estate sector in India

    239.68 Billion Euros are likely to be invested in construction

    sector in coming 5-10 years

    Real Estate and Construction industry received nearly

    216.53 Million Euros in the first half of the current fiscal year

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    INDUSTRY OUTLOOKConstruction Projects are subject to a host of Central and State

    laws simultaneously

    International Participation in Mega-Projects led to the infusion

    of advanced technology in construction practices in India

    Construction-industry growth rate is higher compared to the

    overall growth rate in India

    In the next 5years, an annual growth rate of 10% is expected in

    commercial and industrial segment of this industry.

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    Central Government is also planning to make massive

    investments in physical and social infrastructure

    Planning Commission also estimated an investment of about 320

    billion US Dollars during the 11th Five Year Plan Period

    Real Estate and Construction industry showed the highest growth

    before we faced the economic slowdown

    However recent global economic downturn, has brought huge

    insecurity for those having large capital investments in this sector

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    PROPERTY LAWS

    Area of law dealing with ownership of personal and real propertyCivil Laws categorizes property as movable and immovable

    property

    Movable corresponds to personal property while immovable ones

    are real property with associated rights and obligations thereon

    LAWS RELATED TO IMMOVABLE PROPERTY

    TRANSFER OF PROPERTY ACT, 1882

    TP Act provides a mortgage by deposit of title deeds and withoutany requirement of registration

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    No clear provision for machineries embedded in land as

    immovable or movable property

    Contains provisions relating to transfer of actionable claims

    No clear provision for transfer of future receivables

    REGISTRATION ACT

    Contains provisions for the registration of transactions relating to

    immovable properties

    No provision for granting title certificates by the registration

    authorities

    Documents registered under this act are sale deeds ,mortgage

    deeds and lease deeds

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    THE INDIAN SUCCESION ACT

    Under this act, a succession certificate is issued only for claims

    pertaining to assets, debts and securities

    No succession certificates are issued for assets that are in the

    form of properties and valuables

    THE INDIAN CONTRACT ACT, 1872

    Contains provisions regarding possession of securities

    Law relating to non-possessory securities is covered by the

    general principles of the contract

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    HOUSING DEMAND AND SUPPLYWas witnessing a super boom till the time of economic

    slow down.

    Present scenario is to sustain business. Recession hit IT professionals badly which affected the

    investments in real estate.

    Predictions by Indian express states that demand will

    go high in 2012.According to reports its one of the most dynamic

    sections.

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    Housing industry again started growing at a goodpace.

    Increase in number of real estate developers, rise indemand for properties, availability of financingoptions increased the demand.

    These factors are also added on by governmentssupport.

    These have added on by large population base, risingincome level and urbanization factors.

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    Housing industry to overtake other industries in terms of

    contribution to GDP.

    However the reserve bank has influenced in such a way to

    increase the housing loans by 15 20 percent.

    This may affect the demand of housing in the future.

    Its also predicted that India will have a total demand of 2.3

    million of residential property in the next five years.

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    Increase in demand of land in different

    cities

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    Housing policy reflects the political ideology of the government in power.

    US HOUSING SCENARIOThe demand for new homes has been held below normal because of;

    Job and income insecurity. Difficulty in getting a mortgage.

    Anticipation of additional declines in prices.

    House to sell (the seller needs to sell another home before buyinga new one)

    Changing attitudes toward home-ownership and renting.

    But there has been a small improvement witnessed this year.

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    CHINESE HOUSING SCENARIO

    Residential property prices are in freefall in China.

    The countrys largest builders began discounting homes in Shanghai,

    Beijing, and Shenzhen and has moved to outskirts. Even at the time of good sales construction industry was running out of

    demand the main reasons are strict government measures, prohibitions onsecond home

    Due to these reasons a campaign was conducted which provided mortgageof 30% and second home 60%.

    There were special taxes from second home onwards.

    ASIAN HOUSING SCENARIO

    Was considerably good till the date of recession then had a declinephase. But compared with other Asian countries India and China didbetter.

    It came back strongly towards the end of fourth quarter in 2010.

    Even the luxury sector has been steady from the latter part of2010.

    But some major markets lost out mainly because of the policies ofHongkong, China and Singapore.

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    Change in the Construction Sector

    over the Years

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    The fundamental elements needed for the construction

    Industry:Working Capital necessary for Bonding Purposes:

    Equipment Needs

    Cases when IRC Section 531 were relaxed:

    Ready Paving and Construction Co.

    Thompson Engineering Co

    Peterson Bros. Steel Erection Co.

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    ALTERNATIVE MINIMUM TAX

    -Loan for New Construction1. Homebuilders: IRCSection 56(a) applies to long-term contracts except forhome construction contracts

    2. Small Corporations: Exempt from AMT for tax years

    beginning after 1998. Small corporations are Ccorporations with average annual gross receipts of$5,000,000 remain exempt in subsequent years untiltheir average annual gross receipts exceed $7,500,000.

    EMPLOYMENT TAX

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    First time home buyer loan

    Housing Loans

    RECENT HOUSING TRENDS

    HUDCO-Entered into the retail housing finance withthe launch -Hudco Niwas Scheme

    FINANCIAL ASSISTANCE

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    HOUSING FINANCE

    HDFC

    HUDCOANZ Grind Bank, Standard Chartered and Citibank

    BUILDERS LOANS

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    PROBLEMS RELATED TO LAND ACQUISITION The biggest hurdle in the growth of Indian construction

    industry story is land because it is a scarce resource.

    Increased economic growth has increased the alternative uses

    of land such as for industries, infrastructure projects.

    In India the issue of land acquisition has become politically

    sensitive.

    The dislocation of farmers from their lands has led to

    agitations and in some cases violence also.

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    By bringing in development we are disturbing ecological

    balance of tribal areas.

    Plus the farmers dislocated from their land often dont get

    adequate compensation.

    But this has a downside to it the if state government asks

    sellers to give higher compensation to farmers investors can

    move to another state.

    Another important problem is the rehabilitation and skill

    development of the dislocated farmers.

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    The land acquisition bill was enacted in 1894.

    There have been many attempts to amend the landacquisition (amendment)Act 2007 but all wereunsuccessful due to political controversies.

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    RECENT NOIDA EXTENSION LAND ISSUE The recent Noida extension land issue affected many

    infrastructure projects.

    More than 15 villages were affected by the Noida extension

    dispute like Shahberi village, Bisrakh, Yusufpur etc.

    Renowned real estate builders like Jaypee, Supertech were

    alloted 4 lakh sq. mtrs.

    of land by GNIDA at very low prices.

    Farmers decided to protest against the govt. and moved to

    court.

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    As a result their compensation was increased.

    Many flat owners withdrew the booking amounts, and various

    other investors even cancelled their bookings.

    The dispute badly affected the investors interests in the area.

    To see that in future this problem does not occur in future

    govt. should provide adequate compensation to the farmers.

    Skill development and training should also be provided to the

    farmers.

    B d 2012 2013

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    Budget 2012-2013Housing sector contributes about 5% of total GDP.

    With institutional credit for housing investment growing at a

    compounded annual growth rate of about 18-20 per cent per annum,

    contribution to GDP is likely to increase to 6 per cent.

    For every rupee that is invested in housing and construction, Rs 0.78

    gets added to the GDP.

    Permission for external commercial borrowings (ECBs) for low cost

    affordable housing projects. (Players in this industry are not used to

    taking the ECB route for affordable housing projects.)

    Nothing done to give incentives to home buyers to encourage them

    to purchase property so as to clear up the housing stock that has

    piled up.

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    Investment in infrastructure to go upto Rs. 50 lakh crore, more than half of

    this expected from the private sector.( Delhi metro expansion bags 1112.57

    crore of a total of 3164.57 crore and remaining to be pumped into

    construction of metros across the country (Kolkata, Kochi, Chennai, Mumbai

    and Jaipur).

    More sectors added as eligible sectors for Viability Gap Funding under the

    scheme Support to PPP in infrastructure

    Target of covering a length of 8,800 kilometre under NHDP next year.

    Tax free bonds worth Rs. 60,000 crore to be allowed for financing

    infrastructure projects.

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    ConclusionCut-throat competition- In India there are very few construction projects in the

    pipeline and there are many companies bidding for a single project so the

    competition is immense.

    Corruption-The recent land, housing(Aadarsh housing scam), telecom scams etc.

    has reduced the confidence of companies that wanted to invest in India.

    Environmental clearances & sustainability- There are many environmental

    checks that a company has to undergo before starting a project this involves

    getting clearance from Ministry of Environment and Forests as well as separate

    clearances from individual state ministries, too much time as well as resources

    are consumed waiting for getting all environment clearances.

    Land acquisition problems- Singur, Nandigram and the recent Noida case show

    the current problems that are linked with land acquisition.

    Time-The time that is required for project completion in India is long as

    compared to other countries because there are issues related to land acquisition

    and environmental clearances

    Recommendations

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    Recommendations

    Review of present procedures of procurement of projects & services including

    dispute resolution mechanisms, and quality issues and evolve measures forimprovement

    The Contract Conditions being used by various Project Authorities in the Country,

    whether in Public or Private Sector, should be harmonized.

    A National Plan for training and certification of Construction personnel at all levels

    should be developed and implemented.

    Systems & Institutions should be developed for expansion of network for project

    export and attracting more foreign investment. Interactions withIndian Missions

    abroad , should be intensified, through evolution of an Institutional mechanism.

    A mechanism for registration of professional engineers need to be established for

    which a nodal agency need to be identified. Intake in academic institutions be

    regulated to mitigate declining trend in the availability of civil engineers.

    Institutional Arrangements be made to identify, prevent and mitigate the

    effects of Natural Disasters.

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    References

    http://www.seminarprojects.com/Thread-indian-construction-

    industry#ixzz1maAcYk9Q

    http://www.constructionupdate.com

    CII Website

    Livemint.com

    FICCI

    http://mhupa.gov.in/