OUR SERVICES: 1) Building Repair & Restoration. 2...

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April 2017 Vol. 11 Issue 01 Price : ` 25/- For Gruhkranti News Visit : www.ahwoi.org Total Pages : 44 1) Building Repair & Restoration. 2) Building Waterproofing. 3) Building Painting & Coating. 4) Building Structural Audit OUR SERVICES:

Transcript of OUR SERVICES: 1) Building Repair & Restoration. 2...

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April 2017 Vol. 11 Issue 01 Price : ` 25/- For Gruhkranti NewsVisit : www.ahwoi.org Total Pages : 44

1) Building Repair & Restoration.

2) Building Waterproofing.

3) Building Painting & Coating.

4) Building Structural Audit

OUR SERVICES:

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02

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MSWA’s Housing Societies Review 03 April 2017

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MSWA’s Housing Societies Review 04 April 2017

&

For General Housing Societyrelated queries, Contact MSWA

office at Tel.: 022-42551414E-mail : [email protected]

Views expressed in this Magazine are of the authors & MSWA is not Responsible for its Contents.

Circulate among Friends and other members of the Society

PRINTED ATMaya Print Art, 16, Hanuman Indl. Estate, G.D. Ambekar Marg, Wadala, Mumbai - 31

MOST IMPORTANT

RAMESH PRABHU Chairman, MSWA

Off : 022 - 42551414 / 26248589 / 65Mob.: 09820106766

FreeRs. 1150/-

MANAGING EDITORSMr. V. Viswanathan 9890187344

EDITORIAL BOARD

Mr. S. R. Desai

Mr. Naresh Pai

CA. Vishal Gala

Adv. Arun Bendkhale

9820687418

9850822472

9819513758

02242551414

CONTENT Page

Help Desk - 1 : Property Tax Valuation 06,

Real Estate Act - 2016 (RERA) 10,

Deemed Conveyance : A boon for Housing Societies 12,

Is your Society insured ? 14,

Hsg Societies bound by RTI Act 18,

A-2/302, Laram Centre, Above Amar Juice Centre,Near Bus Depot, Opp. Andheri Rly. Stn. Platform No. 6Andheri (W), Mumbai - 58.

(Pay & Parking Available in the Compound )

Continue on Page No. 08

Dear Members, Compliments of the Season! 1. RERA RULES :Here is heartening news to our esteemed

members. The Hon'ble CM Devendra

Fadnavis approved eagerly awaited

Maharashtra Real Estate (Regulation and Development) Rules that

shall be effective from May 1, 2017 all over Maharashtra. It is

learnt that all the demands put forth thereof to make consumer-

friendly Rules have been accepted. It is learnt that important issues

like carpet area have been taken care of in the Rules. Most of the

rules are now consumer-friendly. This is an achievement in the

interest of consumers thereof. The Government has appointed Mr.

Gautam Chatterjee as Regulatory Authority. 2. Separate Chapter in CHS Laws:As informed in previous issue of this magazine in the wake of your

Chairman's induction in the Committee formed by the

Government of Maharashtra for making study based

recommendation for a separate Chapter on MCS Act, 1960, MSWA

has planned a series of conferences / workshops / across the State

and collect from the audience its suggestions / objections, if any, as

to the improvement in the said MCS Act. The �irst meeting has been ndconducted in Aurangabad on 2 March 2017 and the next one is

likely to be slated in Nagar / Pune. Any Society desiring Local

Seminars Free of Charge can reach MSWA Of�ice on phones :022

42551414 / 32

3. The Housing Finance at subsidized rate of interest by the

Government:Further, there is good news for the �irst time Home Buyers across

the Country. Under the Prime Minister's Awas Yojna if one's

household income is within the range of Rs 12 to 18 Lakhs per

annum the EMI thereof will be reduced by Rs 2,000/-.

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MSWA’s Housing Societies Review 05 April 2017

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6. Core cutting of concrete to check compressive/tensile

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MSWA’s Housing Societies Review 06 April 2017

HELP DESK - 1 : PROPERTY TAX VALUATION

MAHARASHTRA SOCIETIES WELFARE ASSOCIATION H. O.: A-2/302, Laram Centre, Near Bus Depot, Opp. Rly. Stn., Andheri (W), Mumbai - 58.,

When we will be able to complain to Mumbai Municipal Corporation regarding excess levy of property tax and whom we need to complain?Ans by CA Prabhu Ramesh

The property tax for the year 2017-18 by MCGM will be levied based on the capital value �ixed for your area as per the stamp duty ready recknor.

The MCGM has already �ixed the capital value for your property by 23rd March 2017 and is kept for inspection at respective ward of�ice from 23.03.2017 to 13th April 2017. After taking inspection, if you think, it has been charged at higher rate , we need to complain to the respective ward.

In order to facilitate this to all CHS, we have started a MSWA Property tax veri�ication help desk. You may contact our of�ice on 02242551414/32 or send an email on : [email protected]/[email protected] or send whatsapp on: 09820106766.

For Educational videos on CHS,

Redevelopment, DCR, Conveyance visit

youtub / MSWA news channel

CA. Ramesh Prabhu, ChairmanB. Com. F.C.A., CISA (USA)Mob.: 98201 06766

Website :www.mswa.co.in www.mswahousing.org

Email: [email protected]

[email protected]

Tel : 022 - 4255 1414 / 32

MSWA / FAQ / 27. 03. 2017

Call : 022 4255 1414 / 32

PRESS RELEASE: Only 13 Days for Responding to MCGM's Property Tax Valuations. Hurry!Mumbai, 31st March, 2017: Unknown to most Mumbaikars, MCGM issued a circular last week giving notice that the Capital Valuation for the forthcoming years has been completed for �ixing up property tax applicable to property owners and that "they will be available for inspection at the of�ice of the Asstt. Assessor and Collector in the respective wards… between 23rd March 2017 to 13th April 2017." It added that "complaints against the Capital Values... must be made in writing by the property owners themselves or by the persons duly authorized by them under a power of attorney." BMC’s notice may be downloaded from this link: http://bit.ly/MCGM-Notice-23-3-2017 Sometimes, the assessment department makes mistakes in �ixing the capital value, which results in huge disputed dues. If the window of opportunity given under the circular is not promptly availed, then property owners such as housing societies are left with the costly option of going to small causes court against excessive billing.

It is quite easy to verify the capital valuation from BMC’s website, by entering the Property Tax Account Number and other details. However, it is dif�icult to draft a proper complaint in case of mistakes in capital valuation are discovered. To assist Cooperative Housing Societies in exercising this right, Andheri-based NGO Maharashtra Societies Welfare Association (MSWA) has created a downloadable format with the help of Property Tax Department insiders. D o w n l o a d t h e c o m p l a i n t f o r m a t : http://bit.ly/BMC-Complaint-Form In case, the capital valuation of their property is excessive, of�ice-bearers of housing societies may download this useful format, �ill it up and submit it before 13th April 2017. CA Ramesh Prabhu, chairman of MSWA, remarked, "It is unfair that only three weeks time is given to citizens for verifying the new capital valuations, on the basis of which lakhs of rupees are charged to

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MSWA’s Housing Societies Review 07 April 2017

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SERVICES PROVIDED TO CO-OPERATIVE HOUSING & PREMISES SOCIETIES

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MSWA’s Housing Societies Review 08 April 2017

more than 30,000 cooperative housing societies and other property owners. But we will do whatever we can to facilitate citizens of Mumbai to respond to this circular," he said. Mr Prabhu appealed to of�ice-bearers of housing societies to take the circular seriously, as the impact of wrong valuation be lakhs of rupees. Housing societies may contact MSWA's helpline

number 022-42551414 and also Whatsapp no. 70455 99702. MSWA Members will receive free-of-charge assistance in assessment of valuation, submission of this complaint and follow-up.

As per the press report the Government is offering an interest subsidy of 3-4% on availing loan of Rs 9 Lakhs to Rs. 12 Lakhs even if the overall loan is higher. It is further learnt that this bene�it will be given to families i.e., wife, husband, unmarried daughters and son. Apart from this earning and unmarried young adults buying their FIRST HOUSE can also avail of the fall in EMIs. NHB's CEO informed that interest subsidy of 4% will bring down EMI of bene�iciaries by around Rs. 2,000/- on the Housing Loan of Rs. 9 Lakhs. Thus, the EMIs to come down for some middle-class home buyers in urban areas too as per the press report. AHWOI – Affordable Housing Welfare Organisation of India -- is keeping a watch on this issue and would help those for going-in for new house of one's own. Please feel free to reach of�ice of AHWOI on phone 4255 1414 for any help / assistance in this regard. 4. Drive for Fresh Voters Enrollment - MLC Election - 2018Meanwhile, election for Graduates' Constituency Election for MLC (Maharashtra Legislative Council) being announced by the Authorities. Preparing a fresh list of Voters in this connection has already been commenced as per the order of Election Commission. Looking at the importance of sending a right & erudite member in the State's Legislative Council for the cause of Housing Sector (so far unrepresented). MSWA has commenced the Drive for fresh Voter Enrollment across the Mumbai. Only Graduates / Professionals like Doctors, Engineers, Architects, Diploma Holders etc in any discipline, of any recognized Indian University but must be residing within the Mumbai Municipal limits minimum for three years are only eligible to exercise their precious vote thereof. MSWA once again earnestly appeals to all the graduates to �ill-in

Form18 (claim for inclusion of name in the Electoral roll for a Graduates; Constituency. All you have to do is just reach us on our phones 4255 1414 or 1432 and request for the prescribed form, which will be reached to you by MSWA. Please pull-out the center pages of this issue and display it on Society’s Notice Board.

5. Training Workshops for CHS Election:Your Association has been advised by the state co-o p E l e c t i o n Au t h o r i t y v i d e l e t te r d a te d 01/04/2017 to conduct training for member societies and facilitate elections. This letter is published on page 42 and 43 in this magazine. Our members are requested to avail of this opportunity.

6. Free Seminar for Limited Period :MSWA is pleased to announce holding free seminars on CO­OPERATIVE HOUSING SOCIETY RELATED ISSUES for a limited period in the premises of any housing society subject to the society is getting at least �ifty members from their own or nearby housing societies, arranging the sound system / speakers, chairs etc at its own cost. However, the intending Society Committee Members need to enquire with MSWA of�ice, well in advance, and con�irm by an email about the venue / number of attendees / arrangements made in its own premises. Only thereafter, MSWA would con�irm depending on the availability of its faculty members for holding such free conferences.

Apart from the above, MSWA continues to provide much required mandatory Educational Training to all members of Housing Society pursuant to Section-24(A) of the Maharashtra Societies Act, 1960. All you have to do for having the training reach us on 4255 1414 and we would be glad to assist you.

Wishing you & family Happy Maharashtra Day. CA Ramesh Prabhu, Chairman – MSWAEmail [email protected]

Continued from page no. 04

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MSWA’s Housing Societies Review 09 April 2017

STRUCTURAL AUDIT OF BUILDINGS ----- Save life Save Property�

Faulty design, Load on structure, poor construction quality Internal

and external forces

Leads to

UV rays FireChemicals MoistureVandalism Modi�cation in structure

To save human life and buildings.

To understand the condition of building.

To find critical areas to repair immediately,

like damages, corrosion

To comply with statutory requirements.

To enhance life cycle of building by

suggesting preventive and corrective

measures like repairs and retrofitting.

As per clause No.77 of revised model Bye- Laws of Cooperative Housing Societies:

1. For building aging between 15 to 30 years once in 5 years2. For building aging above 30 years once in 3 years3. As per municipality-it is mandatory for building aging 30 year +.

Purpose of Structural Audit

Bye-Laws of Cooperative Housing Societies

To know the health of the building and to protect / project the expected future life.To proactively assist the residents and the society to understand the seriousness of the problems and the urgency required to attend the same.We have BMC, TMC, PMC, NMMC licensed Structural Engineers.Cost on audit saves you in lakhs during repairs.It fulfills legal compliance requirements.

Advantages of Structural Audit

Beam crack Exposed slab

Leakage Issues Column Crack

Methodology of Structural Audit

1. Inspection of all the elements of structures like column, beam & slab.

2. Inspection of overall building and surrounding including each and every at.

Technology to access structural strength,stability, integrity of concrete.1. Schmidt rebound hammer testing2. Ultrasonic pulse velocity testing3. Cover meter testing4. Half-cell potentiometer testing5. Carbonation6. Core study & Chemical test

A report of the results of an inspection and NDT of a building shall comprise(a) a detailed description of the visual inspection and any full structural investigation of the building conducted by the structural engineer;(b) analyses of observations and every test conducted in the course of any full structural investigation of the building; &(c) recommendations by the structural engineer as to such building works as are necessary to ensure the structural stability or integrity of the building.

Inspection NDT Testing Report

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MSWA’s Housing Societies Review 10 April 2017

Wish you a Very Happy MAHARASHTRA DAY.

We are commencing a series of Questions &

Answers Session on Real Estate (Regulation

and Development) ACT, 2016.

REAL ESTATE ACT, 2016 - (RERA)

CA. Ramesh S PrabhuE­mail your queries

related to any housing issue and legal matter on [email protected]

The Act has received the assent of the thPresident of India on 25 March, 2016. Since

there is a stipulation in section 84 of the act that the appropriate Government shall, within a period of six months of the commencement of this act, by noti�ication, make rules for carrying out the provision of this Act. And accordingly the Government of Maharashtra make the rules viz. ' M a h a r a s h t r a R e a l E s t a t e (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents , Rates of Interest and Disclosures on Website) Rules, 2016.'

The name itself crystal clear that the Real Estate act and rules are leaning toward more transparency in the real estate transactions between the Consumer and developer. It is meant for regulation and promotion of the real estate sector and to ensure sale of plot, apartment or building, as the case may be, or sale of real estate project, in an ef�icient and transparent manner and to protect the interest of consumers in the real state sector and to establish an adjudicating mechanism for speedy dispute redressed and also to establish the Appellate Tribunal to hear appeals from the decision, directions or orders of the Real Estate Regulatory Authority and the adjudicating of�icer and for matters connected therewith or incidental thereto.

This Real Estate law ensured Transparency and Consumer interest:-Regulatory Authority is going to play an important role in the implementation of this law. The main features of the law are as follow:-1. Every promoter should have to furnished all the

information required under the law for the registration of his project. That is each and every residential construction work should have to be registered with the Regulatory Authority.

2. Promoters have to disclose all his ongoing real estate projects.

3. The amount collected from the buyers should have to be deposited in separate account.

4.The Regulatory Authority have powers to Grant or reject the registration of the project.

5. If the project is delayed for some or other reasons then the promoter has to give explanation on it and after satisfaction of the Authority h e m a y g e t e x t e n s i o n f o r completion of the project.

6.Authority have powers to revoke the project.

7. The law lay down obligation on the promoter to form Co-operative Housing Society within two months from the date of issuing occupation certi�icate from the local authority.

8. The promoter shall execute the conveyance in the name of the society within one month from the formation of co-operation society.

9. The law is also take care of the agreement for sale. The law has given model form of agreement at annexure 'A' which is in conformity with provisions, and rules.

The law has also included estate agents in its net. They also have to registered with Authority. It also take care of the rate of interest payable by promoter and allotted and timelines for refund. The promoters have to disclosed all the details of their projects, its permissions from local authority etc. on the government website. And still there is any grievances then there is a authority to redress the same. We hope now onward no �lat purchaser would fall pray in the hand of the mighty promoters. And illegal constructions in the state would not take place because of this new law and the incidents like Digha in Navi Mumbai would not occurred in future.

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MSWA’s Housing Societies Review 11 April 2017

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MSWA’s Housing Societies Review 12 April 2017

MUMBAI | FRIDAY, MARCH 31, 2017

Deemed Conveyance: A boon for Housing SocietiesWe recently discussed about conveyance in detail. But, recent statistics show that nearly 70% of housing societies in Mumbai have not received conveyance of land and building from the builders in favour of the society. Ramesh S. Prabhu discusses a way around the issue

any developers, it is said, deliberately Mdelay the conveyance deed procedure even though the project is completed and

sold out. That is why so many housing societies in Mumbai are struggling to get conveyance. That has also delayed the redevelopment of some of the old and dilapidated buildings. Developers have sold the �lats, still they want to hold the ownership rights of the layout. That helps developers to be a rightful part of the redevelopment of that particular plot. But, the concept of deemed conveyance can de�initely stop this malpractice.

Receiving ConveyanceUnder Section 11 of Maharashtra Ownership Flat Act, 1963 (MOFA) is very clear that the Promoter / Builder has to give the conveyance of the land and building to the legal bodies within the prescribed period. Rule No. 9 has clearly stated that the builder should give conveyance within 4 months of formation of the legal bodies. However, it has come to the knowledge of the government that very few builders easily handover the conveyance. Since there is no remedial provision given in MOFA, the aggrieved parties are required to go to the different court as under: With the Civil Court under the Speci�ic Relief

Act, 1963 With the Criminal Court to punish the builder

u/s 13 of MOFA

With the Consumer Court under Consumer Protection Act, 1986 as the �lat purchaser is considered to be the consumer under the said act.

However, it is noticed that justice under the above legal remedies is not that easy and it consumes the time of the of�ice bearers and is also very costly affair. Thus, representations came from different corners that a quasi judicial authority be created to hear conveyance grievances and that after hearing the parties, the competent authority should be able to grant the conveyance certi�icate and also execute the unilateral conveyance deed on behalf the builder / land owner who are not co-operating for executing the conveyance to get the same registered under Registration Act, 1908 and then transfer the property in the revenue record i.e. 7/12 or property card as the case may be.

Procedure to obtain Deemed Conveyance order1. Society to apply with documents and prescribed

fees/ court fees2. Competent Authority to verify documents from

his of�icials or the authorised of�icer and obtain the report to that effect.

3. To issue compliance notice in form No. VIII to the applicant to remove the defects in the application within 30 days.

4. Competent authority to �inally verify documents submitted in response to compliance notice and if proper in all respect, to admit the application or reject the same and on admitting the application, register the same in the appropriate register.

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MSWA’s Housing Societies Review 13 April 2017

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MSWA’s Housing Societies Review 14 April 2017

Is your society insured? One of the purposes of

registration of the co-operative

housing society is to protect the

property of the society from any

damages and losses. Ramesh S.

Prabhu explains how insurance

is the best way to tackle the

issue.

e take insurance cover for everything Wfrom medical emergencies to our life itself and even our mobiles. Then why

not for our homes? As per the bye-laws of the co-operative housing society, taking the insurance of the building has been made compulsory. But, even otherwise, it is wise to go in for safety than regret later.

MUMBAI | FRIDAY, MARCH 10, 2017

There can be many accidents in the society and the entire property of a society could also get damage. During the �loods in Mumbai in July, 2005 many societies lost their properties as they had not insured their building. Some of the societies who had insurance got lakhs of rupees in claims over damage of compound wall, electric �ittings, etc.

Yours is a bustling residential complex. Your co-operative society is entrusted with managing the affairs of the society, handling staff and managing administration. We know you have little time to think about managing all the risks involved, but

5. Enquiries if any will be conducted and spot visit will be done by of�icials of competent authority or his authorised of�icer wherever required.

6. To admit any person as intervening party in response to Public Notice or who claim to be interested parties against the application and decide about the same by the competent authority

7. Interested party to �ile its say and also deliver a copy to the applicant and all other parties made in the application.

8. Receive the written reply from the applicant and other opponents based on the submission made by the interested party in response to public notice.

9. Oral arguments of the applicant, opponents and the interested parties on the submissions made by each of them and to submit the necessary documents in support of their arguments.

10.Speaking order and certi�icate of Deemed Conveyance to be issued by competent authority or speaking order for rejecting the application.

11. Competent authority to execute the Conveyance Deed and register and issue a letter regarding the exemption of his appearance before him to admit the execution before the sub-registrar of assurance at the time of registration of the same.

12. Deemed Conveyance order shall be passed or application for the same could be rejected within a period 6 months from the date of receipt of application by the competent authority subject to receipt of relevant documents.

After going through the above �low chart one has to remember that the deemed conveyance will be granted only after following the law of natural justice and is being done under the provisions of civil court proceedings.

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MSWA’s Housing Societies Review 15 April 2017

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MSWA’s Housing Societies Review 16 April 2017

with little security your building and residents are often exposed to various risks and liabilities.

There are many general insurance companies who offer a complete insurance package that has been specially designed keeping in mind the insurance needs of your society. It is a one touch insurance solution that covers you and your society from threats like, � ire, malicious damage, riot , earthquake, burglary, damage to property etc.

What does this insurance cover?Co-operative housing societies are entrusted with managing the affairs as per guidelines of the Co-operative Societies Act and additionally handling staff and managing administration. This insurance offers risk solutions suitable to most of housing societies' insurance requirements.

Standard Fire and Special Perils Covers your property against loss or damage

due to Fire Lightning Explosion/ Implosion Aircraft damage Riot strike and malicious damage Storm, cyclone, typhoon, tempest hurricane,

tornado, �lood and inundation Impact damage due to rail road vehicle or... animal not belonging to insured, Subsidence

and landslide including rockslide Bursting and/or over�lowing of water tanks

apparatus and pipes Missile testing operations Leakage from automatic sprinkler installations

& Bush �ire

What are the other covers available with this insurance?You can opt for the following optional covers below: Burglary: Covers all contents (covered under

Standard Fire & Special perils) against Burglary or Housebreaking (theft following upon an actual forcible and violent entry of or exit from the premises), or Holdup including Robbery

Money in Safe: Covers loss of money (cash, bank notes, currency notes / coins, bank drafts, cheques, postal orders, money orders, treasury notes, current postage and revenue stamps) belonging to the business of the insured whilst securely kept in the insured premises and loss or damage to any safe, strong room or cash box securing money

Workmen's Compensation: Covers You for your liability under the Workmen's Compens-

ation Act' 1923 and /or Fatal accidents Act'1855 and/or Common law to pay compensation to employees for bodily injury or death caused due to accidents/occupational diseases arising out of and in course of employment

Public liability: Protects You against your legal liability in respect of accidental bodily injury to third parties and or accidental loss and /or damage to property belonging to third parties

Who should buy? This policy provides insurance for Housing

Societies including : Residential Housing Society Employee/Staff Housing Society

What is not covered under this Insurance? Standard �ire & Special peril Loss, destruction or damage caused by War or

war like operations Ionizing radiations, contaminations by

radioactive, nuclear fuels or waste Pollution or contaminations losses Losses of earnings or loss of Market Burglary Loss, Destruction or damage

caused by: Fire or explosions Inmates or member of the insured's household

or business staffMoney: Loss, destruction or damage caused by Collusion

by any employee or agent of the Insured Use of keys or duplicate keys Use of counterfeit moneyWorkmen's compensation Liability arising out of: Willful or intentional non compliance of any

statutory provision Fines, penalties, punitive and / or exemplary

damages The societies should demand the policy

wordings for complete list of detailed exclusions from the Insurance company.

The insurance premium is going to be very nominal depending on the policies that the societies opt. In the case of normal course for an insurance policy of Rs.3 crore to Rs.4 crore, the insurance premium works out to Rs.15,000/- per annum to Rs.20,000/- per annum. Such insurance premiums are negligible compared to the loss that the society may suffer on account any accidents.

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MSWA’s Housing Societies Review 17 April 2017

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MSWA’s Housing Societies Review 18 April 2017

Hsg societies bound by RTI Act, must share info: Court

`Ruling A Shot In The Arm For Transparency'

Continue on page no. 22

Cooperative insti tutions, inclu ding around 75,000 housing societ ies in the Mumbai metropolitan region, can no longer refuse to share records under the Right To Information (RTI) Act with the Aurangabad bench of the Bombay high court ruling that these establishments come under the purview of the transparency legislation.

The two-member bench of Justice Sangitrao Patil and Justice T V Nalawade referred to a Supreme Court verdict in a matter involving the Reserve Bank of India (RBI) and held that everything mentioned in t h e d e � i n i t i o n o f information under the RTI Act needs to be provided b y t h e c o o p e r a t i v e institutions.

The court also said that the previous interpr-etation made by it while deciding the case was not correct in view of the apex court's verdict . While disposing of the petition �iled by the association of Jalgaon Zilla Urban Coope-rative Bank, credit socie-ties and other �inancial i n s t i t u t i o n s s e e k i n g exemption from the RTI Act, the high court ruled that the contention of the cooperative institution, which is a private entity, was dealt with by the Supreme Court.

The petitioner had argued before the court

that cooperative institutions registered under the Maharashtra Cooperative Societies Act, 1960 cannot be treated as `public authority' under sections 2(h) and 8 of the RTI Act. The court, besides referring to the Supreme Court verdict, brought to the notice the possibility of state aid and even providing subsidi Ces to the cooperative institutions to protect the cooperative movement. Even Articles 38, 39, 43 and 48 of the Directive Principles of State Policy of the Constitution show that such institutions are discharging duty of the state to some extent, the court said in its order.

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MSWA’s Housing Societies Review 19 April 2017

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MSWA’s Housing Societies Review 20 April 2017

In AGM, our society passed a resolution by majority. However, after some time many

members felt that the resolution passed should be revoked. Can we call for a special general body meeting to revoke that resolution and can the original resolution be revoked by a simple majority in the meeting. How many members are required to call this meeting? Is the quorum required for the meeting different from that of AGM?

.... Jayant Desai, DadarAny resolution passed in the general body meeting can be revoked or reviewed after the

expiry of six months from the date of passing such a resolution. In case members want to cancel the resolution, a special general body meeting may be called after 6 months from the date of passing the resolution. The general body may be called by the managing committee or by the chairman of the society. In case, the members want such special general body meeting to cancel or review the original resolution, at least 20 % of the members of the society may make an application to the society to call a special general body meeting to discuss and decide on the speci�ic agenda.

The managing committee, as per section 76 of the Maharashtra Co-operative Societies Act, 1960 is duty bound to call the SGM within one month of the application made. In case, the society does not call such SGM even after submitting of the request by more than 20% of the members, the aggrieved members may approach the registrar, who shall appoint his own of�icer to convene and conduct the SGM to decide on the agenda. After conducting the hearing, if the registrar comes to the conclusion that without genuine reasons, the of�ice bearers have failed and neglected to perform their statutory duty of calling the SGM within one month,

Q.

A.

Q.

MUMBAI | FRIDAY, MARCH 3, 2017

such of�ice bearers have committed an offence as provided under section 146 of the MCS Act, 1960 and will be liable for punishment as per section 147 of the MCS Act, 1960, which includes �ine of Rs.5,000/- and are also liable for dismissal from t h e c o m m i t t e e immediately. They will also be disquali�ication f r o m c o n t e s t i n g t h e election for the next one term of �ive years.

In all the general body meeting, the quorum is 20 members or 1/3rd of the members of the society whichever less is. However, if the quorum is not present within the prescribed time, by mentioning in the notice, such general body meeting can be adjourned for half an hour at the same place and the members present in such adjourned meeting shall discuss and decide the agenda whether there is a quorum or not. In case of the special general body meeting called by the requisition of 20% or more members, if the quorum is not present at the scheduled time, the meeting gets dissolved.

Any resolution of cancellation or revocation or review can be done in the meeting called after six months of the original resolution by simple majority of the votes.

The amount of sinking fund of co-operative housing society is calculated on the cost of

construction of the building. My query is whether it should be based on the cost of construction at the time constructing the

- Expert speak -

CA. Ramesh S Prabhu

E­mail your queries related to any housing

issue and legal matter on [email protected]

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MSWA’s Housing Societies Review 21 April 2017

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MSWA’s Housing Societies Review 22 April 2017

building or it is to be calculated at the prevailing cost of construction in a particular year or period thereafter.

...Sachin Ithape, DahisarThe general body of the society can review any contribution to be collected from members

under any head. As per the bye-laws the sinking fund has to be collected at 0.25% of the cost of the construction. Naturally, when the decision regarding the collection towards sinking fund has be taken, the society is required to ascertain the cost of construction per square feet of the �lat. Thereafter, a resolution has be passed. It means that the society ascertains the cost of construction on the date of collection of sinking fund. However, we �ind that once the sinking fund contribution is started, the same amount is being charged month after month without any revision till the building goes for redevelopment. It is always recommended that once in �ive years, the society needs to

ascertain the prevailing construction cost and then revise the sinking fund contribution.

The amount collected towards sinking fund needs to be kept separately in a separate �ixed deposit account and interest earned on such investment also need to be reinvested in the sinking fund account only. The sinking fund can be used only for major repairs or for reconstruction of the building after completing the required formalities of carrying out the structural audit, approval of the expenses by the architect and passing the same in the general body meeting. As per the old bye-laws, the registrar's permission is required to use the sinking fund, but as per the new model bye-laws 2014, the registrar's permission to use the sinking fund is not required but the approval from the general body is a must.

(Ramesh S. Prabhu is Chairman, MSWA)

A.

Highlighting that cooperative institutions cannot act independently and the apex bodies are created for such institutions, the court ruled that the observations made by the apex court can be used safely when the information is sought from the authority like registrar or his subordinates of a coope rative institution.

Advocate Suresh Kulkarni, who represented activist Virendra Karanjikar in a crucial interve-ntion application before the court, said the ruling would ensure transparency and accountability in the cooperative sector.

“The verdict will have a far-reaching effect in Maharashtra, which pioneered the cooperative movement in the country . The cooperative sector was witnessing gradual decline over the past some

years due to opaque functioning,“ he said.S t a t e c o o p e r a t ive s c o m m i s s i o n e r

Chandrakant Dalvi said the verdict would be followed in letter and spirit.

“Due to sharp differences between members and of�ice-bearers, there are chances of deliberate attempts to disallow access of all crucial documents. This decision will take care of such issues and curb malpractices,“ said Dalvi. “At our end, we will take proactive measures to ensure institutions governed by us disclose the records under the RTI Act on their own.The audit reports should be also made public voluntarily,“ he said. Activists, who were insisting on bringing the sector under the transparency legislation, have hailed the verdict.

Source : Times of India / 2nd, March, 2017

Continue from page no. 18

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23

We laud PM Narendra Modifor his commitment tofulfill housing needs...

We salute CM Devendra Fadnavis for his leadership We salute CM Devendra Fadnavis for his leadership & visionary efforts& visionary effortsto modernize theto modernize theHousing Laws of Housing Laws of Maharashtra Maharashtra

We salute CM Devendra Fadnavis for his leadership & visionary effortsto modernize theHousing Laws of Maharashtra

We pledge our wholehearted support.Maharashtra Societies Welfare Association Chairman CA Ramesh Prabhu

MSWA’s Housing Societies Review 23 April 2017

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MSWA’s Housing Societies Review 24 April 2017

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MSWA’s Housing Societies Review 25 April 2017

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MAHARASHTRA SOCIETIES WELFARE ASSOCIATION Head Office : A-2/302, Laram Centre, Near Bus Depot, Opp. Railway Station, Andheri (W), Mumbai - 400 058.,

CA. Ramesh Prabhu, Chairman

B. Com. F.C.A., CISA (USA)

Mob.: 98201 06766

Tel : 022 - 4255 1414 / 32

Email: [email protected]

Member / Represented before

Govt. Committees For:

1. Housing Chapter in MCS ACT,1960

2. RERA / MOFA RULES

3. Deemed Conveyance Rules

4. New Model Bye-Laws

5. Co-op. Audit Manual

6. G.D.C. & A Course

7. Stamp Duty / Registration

8. DC Rules

9. Faculty : CA Institute & Others

10.Authored : 40 Books

Website :

www.mswa.co.in

www.mswahousing.org

Shri V. Viswanathan, Secretary

Mob.: 98901 87344

Tel : 0250 - 6457 585 / 86

Email:[email protected]

Naresh Pai, Treasurer.

Mob.: 98508 22472

Tel : 022 - 4255 1414 / 40

Email: [email protected]

[email protected]

MSWA NEWS CHANNEL

on YouTube

Dear Of�ice Bearers,

We deeply appreciate your sel�less efforts to manage your society. I now invite you to join the drive to enroll maximum voters for Mumbai Graduate Constituency MLC (Member of legislative Council) for the July 2018 Election. Following a Supreme Court judgment, the Election Commission mandated (vide circular dated 05.09.2016) that a fresh voter list of graduates should be prepared for this election.

Maharashtra government (vide G.R dated 13.10.2016) has authorised and recognised you as "booth-level volunteers" to enroll voters for all types of elections. Accordingly, we urge you to include the above matters (i.e. voter enrollment and casting vote for Mumbai Graduate Constituency MLC in July 2018) in the agenda of your general body meetings. We also appeal to you to send circulars to inform members and their family members & friends to enroll as voters.

WHAT IS NEEDED FOR VOTER ENROLLMENT: (1) Completed voter enrollment form No. 18 (2) Photograph (3) True copy of Marksheet OR Graduation Certi�icate / Degree (4) True copy of residence proof e.g. voter-card, Adhar Card, passport etc.

We also urge you and your members to vote in order to elect the most deserving candidate as MLC.

You may download the Voters Enrolment Form from the below links on MSWA Website : www.mswa.co.in / www.mswahousing.org English : https://goo.gl/h6QNeDHindi : https://goo.gl/fw5WQr Marathi : https://goo.gl/4sHsLC

For more details and also assistance in getting mark sheets etc. stamped by gazetted of�icer, you may contact MSWA volunteers on 022-42551414, or WhatsApp on 70455 99702, or email on [email protected]

Together, let us strengthen our democracy at the grassroots level. Jai Maharashtra!

Yours sincerely,Sd/- CA. Ramesh Prabhu, Chairman

Better Living & Better Livelihood

MSWA’s Housing Societies Review 26 April 2017

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27

FORM 18

(See rule 31)

Claim for inclusion of name in the electoral roll for a Graduates' Constituency

To

The Electoral Registration Of�icer,

……………………………… Graduates' Constituency

Sir,

I request that my name be registered in the electoral roll for the …………………………………………..

…………………………………………………………………… Graduates' Constituency,

The particulars are:-

Name (in full) …………………………………………………………………………………….…………….. Sex ………………......

Father's/Mother's/Husband's name (in full) ……………………………………................................................

.................Quali�ication …………………………………… Occupation ………………………………………………………………

House Address (Place of ordinary residence)…………………………………………………………..........................................

...........................................................................................................................................................................................................

House No .…………………………….……………………………………………….……………………...........................................

Street/Mohalla ………………………………………………………………………………………………...........................

Town/Village …………………………………………………………………………………………………...........................................

Post Of�ice ……………………….....…………………………………………………………………………........................................

Police Station/Tehsil/Taluka/Mouza …………………………………….………………………………….............................

District ………………………………………………………………………………………………………….................................................

Age ……………………………………………………………………………………………………………..

2. *I am a graduate of the …………………………………………………………………………………. University having

passed the degree/diploma examination in the year …………………………………

OR

* I am in possession of a diploma/certi�icate in…………………………………………………………... which is a

quali�ication equivalent to that of a graduate of a University in India having passed the examination for the

diploma/certi�icate in the year…………………………………………………………

3. In support of my claim as being a Graduate/in possession of the above diploma/certi�icate, I submit

herewith ………………………………………………………………………..............................................

4. ** My name has not been included in the electoral roll for this or any other graduates' constituency.

OR

**My name has been included in the electoral roll for the graduates' constituency under the address given

below and I request that it be deleted from that roll:—

………………………………………………………………………..

………………………………………………………………………..

………………………………………………………………………..

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I declare that I am a citizen of India and that all the particulars given above are true to the best of my

knowledge.

Place ………………………….

Date …………………………...

Signature of Claimant.

Note:— Any person who makes a statement or declaration which is false and which he either knows or

believes to be false or does not believe to be true is punishable under section 31 of the Representation of

the People Act, 1950.

* Strike out the paragraph not applicable.

**Strike off the inappropriate alternative.

---------------------------------------------------------------------------------------------------------------------------------

Additional Information

1. Name of the elector/applicant …………………………………………………………………………....................................

2. Father's/Mother's/Husband's name ………………………………………………………………….................................

3. (a) Whether registered as elector for any assembly constituency - Yes / No.

(b) If yes, mention the following particulars

(i) Number and Name of AC …………………………………………………………………………...................................

(ii) Part/Polling station number (if known )……………………………………………………..................................

(iii) Date of Birth …………………………………………………………………………………………….................................

(iv) EPIC number (if any) ………………………………………………………………………………...................................

(v) Contact No…………………………………… Mobile ……………………………………………….................................

Landline ……………………………………....................................

(vi) Email address (if any) ………………………………………………………………………………

(Signature of the elector/applicant)

Please pastea photograph

of theelector/

applicanthere

28

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MSWA’s Housing Societies Review 29 April 2017

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MSWA’s Housing Societies Review 30 April 2017

Adv. Ankita Raut

022 - 4255 1414

FUNCTION/ DUTIES OF THE SOCIETY MANAGER

Continued from March 2017 Issue : Members of the Managing Committee of Co-operative Housing Society, should be aware of the following compliance by its Manager. Please reach for any queries in the topic - by emailing to : [email protected]

Sr. No

Nature Functions/ duties Bye laws No.

THINGS TO BE/ DONE Reference/

29. No member shall mortgage, assignment etc. without previous permission of the society and such permission is not required if such mortgage or assignment is on the occupancy rights of the �lat.

44 Assign to two member

30. To Monitor and supervise the maintenance of the �lat by the members from inside or outside and initiate necessary actions for proper maintenance of the �lat by the members

45 and 46

Assign to two members

31. To receive the application for additions, alterations in the �lat of the member or in the common area to recommend the committee about the actions to be taken

46 Assign to two members

32. To initiate elections against the member who have done encroachment in the common area or done any alterations without the permission of the society and penalties for the same

169 (a)

Assign to three members

33. To inspect the �lat of the member and give the report to the committee for any repairs to be carried out

47 Assign to three members

34.

To intimate or supervise the repair work to be carried out inside the �lat by the member or by the committee

47

Assign to two members

35.

To inform the members about the repair to be carried out at his cost or get the same repaired and billed to the member and recover the amount

47

Assign to two members

36.

Inspect the �lat for storing any stock, goods, material which requires special function of the authorities

48

Assign to two members

37.

To receive the complaint of nuisance, inconvenience of any member due to other member/s and initiate actions to stop such nuisance or inconvenience

48(a) Assign to two members

38.

To consider the cases of expulsion

of the member/s issue of notice, appointment of advocate etc.

49

Assign to three members

39.

To report the cases of cessation of membership to the committee and also initiate necessary actions, issue notice etc

55

Assign to three members

40.

To receive applications for holding the two or more �lats by the member and to report to the committee for allowing a member to hold more than one �lat

60

Assign to two members

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MSWA’s Housing Societies Review 31 April 2017

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MSWA’s Housing Societies Review 32 April 2017

This article will continue in the next Issue or log on to Web: www.mswa.co.in

41. (a) To receive various applications/ letters/ complaint from the members and acknowledge the same (b) To record in the inward register (c) File the applications/ letters in the proper �ile (d) Forward the same to the authorized person for action

(e) Implement the decision given by the authorized person

(f) Report to the committee in the meeting (g) Communicate to the applicant about the decisions

and the actions

(h) Maintain the �ile of letters send to the members

(i) Maintain outward register

(j) Any other relevant work related to complaints/ applications from the members

172,173,174

Assign to three members or the Of�ice clerk or the of�ice manager

42.

(a) Raising the bill on the members and

(b) Collection of charges.

(c) Issue or receipts

(d) Preparation of bank slips

(e) Depositing the same into the bank

(f) Collection of bank statements

(g) Veri�ication of credit in the bank account

(h) All related work on collections

67, 68, 69

Assign to three members or the Of�ice clerk or the of�ice manager

43

To issue notice to the defaulters, recover the money from them, initiate actions to recover the money from the defaulters

70, 71

Assign to three members or the Of�ice clerk or the of�ice manager

44.

To Af�ix the common seal of the society on important document and the custody of the same

72, 73

Assign with one person/s

45.

To issue allotment letter to the member or take actions on change of user of the �lat

75

Assign to two members

46.

To get the structural audit done and place the report in the general body/ committee

76

Assign to two members

47.

Allotment of parking space, Transfer of parking space, dispute related to parking, levy of parking charges, parking of visitors vehicles, issue of parking stickers etc.

78 & 83

Assign to two members

48.

(a) Preparation of Final Accounts,

(b) Issue of Notice for Annual General body meeting

(c) Get the books audited

(d) Preparation of Annual Report

(e) Making Arrangement for the meeting

(f) Recording of minutes of AGM etc.1

94, 95

Assign to three members

49.

(a) Receiving the applications for Special General Body meeting

(b) Preparation of notice

(c) Preparation of minutes

(d) Making arrangements for the meeting

96,97

Assign to two members

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MSWA’s Housing Societies Review 33 April 2017

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MAHARASHTRA SOCIETIES WELFARE ASSOCIATION H. O.: A-2/302, Laram Centre, Near Bus Depot, Opp. Rly. Stn., Andheri (W), Mumbai - 58.,

For Educational videos on CHS,

Redevelopment, DCR, Conveyance visit

youtub / MSWA news channel

CA. Ramesh Prabhu, ChairmanB. Com. F.C.A., CISA (USA)Mob.: 98201 06766

Website :www.mswa.co.in www.mswahousing.org

Email: [email protected]

[email protected]

Tel : 022 - 4255 1414 / 32

MSWA’s Housing Societies Review 34 April 2017

HELP DESK - 2 CHS Election Call : 022 4255 1414 / 32

MSWA / CHS / Q - 11/2017-18Old committee resign before 18 months. I Only one member has

agreed to be part of new committee . So new committee is not yet

constituted. I am secretary of old committee.

Whether, old committee are authorized to sign for cheque even when

new committee is not formed. How to manage day to day affairs and

all papers of society till new committee not come on board ?

====================

Ans by CA Prabhu Ramesh

Effective from 14.2.2013, on the expiry of the term of the committee or

resignation from majorirty of members leading to lack of qorum, e lection

to managing committee need to be carried out by the Election of�icer

appointed by State Cooperative Election Authority (SCEA).

As I understand from your question, the new committee is formed about 18 months back but till date, they

have not taken over. If the new committee is elected by the election of�icer, he would have compelled and

made arrangements in such a way that the new committee would have taken charge within 1 month of its

election as required under MCS Act, 1960.

In the given circumstances, till the new election is held by election of�icer and hand over the management

to new committee, the existing committee may manage day to day affairs. You being the old secretary may

also operate the bank account, if authorised by the committee. The ideal situation should be immediately

inform the situation faced by your society to Deputy Registrar of your ward, who would appoint three

members of your committee as the " Administrative/ Authorized board " to manage day to day affairs and

also authorise them to conduct elections by following the procedure to appoint election of�icer I. E

submitting E-2 ( constituency of which election need to be dobe) and E-3 ( voter list) to Deputy Registrar

who shall arrange to appoint election of�icer.

We at MSWA have started free services to MSWA

members in �illing up the required forms and also

get the election of�icer appointed. You may contact

our CHS election Helpdesk by calling on: 022

42551414/32 or whatsapp on: 9820106766 or

send an email on: [email protected] with a copy

to: [email protected]

Self Redevelopment

for your Building

Call on - 022 4255 1414

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MSWA’s Housing Societies Review 35 April 2017

STRUCTURAL AUDIT , DOING 50 BLDGS REDEVELOPMENT PMC & 10 BLDGS DEEMED CONVEYANCE

1) PROJECT MANAGEMENT CONSULTANTS for redevelopment of existing society buildings i.e feasibility report ,tender making ,following 79 (A) clause for selection of developer/builder , quality control of site with ndt instruments /material testing etc & supervision from start to possession in new flats.2) STRUCTURAL AUDIT by NDT & detail survey with repair BOQ /remedies /conclusion /stability cftNDT INSTRUMENTS A) REBOUND HAMMER TEST FOR SURFACE HARDNESS B) ULTRASONIC PULSE VELOCITY TEST FOR UNIFORMITY IN CONCRETE ,CRACK DEPTH etc C) MOISTURE METER FOR DETECTION OF SEEPAGES /LEEKAGES D) HALF CELL POTENTIAL METER FOR STEEL CORROSION SURVEY 3) REPAIRS & RESTORATION WITH ADVANCE TECHNOLOGY OF POLYMER TREATMENT , 5 TO 10 YRS WARRANTY FOR WATERPROOFING & STRUCTURAL REPAIRS 4) DEEMED CONVEYANCE OF SOCIETY AS PER MOFA ACT 1963 FROM DIST. DY. REGISTRAT OFFICE5) LIASONING WITH BMC & OTHER GOVT DEPARTMENT 6) HAVING STRUCTURAL LICENSE OF MUMBAI / THANE/ KALYAN & NAVI MUMBAI

Contact : ARVIND U. SINGH, B.E (CIVIL) (Registered structural Engg with BMC ,licence no :STR/229/S)Office : Shri Krupa CHSL, bldg no 49, Room no 2341,Opp. MIG Club, off MHADA office, 2nd Floor, Bandra (E), Mum- 51. Tel :022-65210232,65345001,Mob:9820993481, Email:[email protected] / [email protected]

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MSWA’s Housing Societies Review 36 April 2017

WHATSAPP QUESTION AND ANSWERS

Q. 1. Prabhu Sir I would like to know that whether "will "supersedes the below judgment of SC on Nomination? Supreme Court Judgment on Transfer of Flat to Nominee Land Mark Judgment : Nominee of Deceased Member is absolutely entitled for the Ownership by transfer, Co-op. Soc can't challenge the right of Nominee a settled Law of the land. No legal heirship, court order or succession certi�icate is required. Please circulate, important for society members and of�ice bearers. Reference: http://supremecourto�india.nic.in/FileServer/2016-04-19_1461073219.pdf=================Ans by CA Prabhu Ramesha The Honorable Supreme Court Judgment has clari�ied that the coop society is required to transfer the shares to Nominee. All legal heirs can get their rights on the deceased property by going to appropriate Forum. So thus new law of inheritance is not created by nomination. Therefore, Will once probated shall supersede the nomination and the property of the deceased need to transferred to bene�iciary as per the WILL of the same is transferred to Nominee as per nomination.

Q. 2. One credit society register in 1962 in Dadar. Till 2002 it was audited and submitted audit report, now they want me to Audit the accounts. Many original members of this society was expired and their nominees and new members r interested in running the credit society. please guide.==================Ans by CA Prabhu Ramesha If the General body of the society has appointed you as the auditor, you may complete the audit with available information. Give a special Now let them get the online registration of society

report for not Carrington out Audit on yearly basis. done and the new members / persons, who want to run the society, should be admitted as members of the society. Thereafter, you have to inform the registrar to conduct the election and hand over the management to new society.

Q. 3. In case of redeveloped property which was originally bought in 1990 and now redeveloped property was handed over with additional area in 2016 and was sold in 2017. Will it be treated as STCG or LTCG.=================Ans by CA Prabhu Ramesha When the property is being redeveloped, the member surrenders his rights, title and interest in the property to the developer and gets the right, title and interest in the redeveloped �lat. Therefore, once you get the new �lat in 2016 on redeve-lopment, it is considered to have been acquired. If you decide to sell in 2017 which is within 1 year, following two views can be taken:

(1) The difference between, the index cost of 1990 and the market value 2016, is the long term capital gains, invested in the new �lat in 2016 and if sold the newly acquired assets, the capital gains bene�it allowed u/s 54 being reinvested in residential property will be lost and such capital gains will be liable for payment of long term capital gains tax and difference between 2017 selling price and market value of 2016 when �lat was received will be treated as short term capital gains.

(2) If you show the 1990 as year of purchase and indexed cost is applied upto 2017, the difference between selling price of 2017 and indexed cost of 1990 can be trea4ed as long term capital gains and all available tax planning for capital gains also can be availed.

The best would be to consider second option as the redevelopment was the decision of the society as a collective body and the �lat owner had not involved in any sale or purchase of �lat. This need to be substantiated at the time of assessment before AO. If AO does not agree, subsequent appeal, the assessee may succeed.

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MSWA’s Housing Societies Review 37 April 2017

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MSWA’s Housing Societies Review 38 April 2017

Landmark Delhi High Court judgmentRegistrar of Cooperative Societies is a 'Public Authority' and hence duty bound

to comply with the provisions of RTI Act

A Division Bench of Delhi High Court has held that Registrar of Cooperative Societies is a 'Public Authority' and hence duty bound to comply with the provisions of RTI Act and is required to provide information as provided for under Section 2(f) of the Act subject to the limitations enumerated

under Section 8 of the RTI Act.

The Bench comprising of Justices S. Ravindra Bhat and Deepa Sharma reversed a decision of Central information Commission in which it is held that the Cooperative Societies Act being a special Act took precedence over the RTI Act (which is a general Act) especially when the special Act itself provided to a bona-�ide member of a Cooperative Society identical relief as provided under the RTI Act'.

Fact summary

The petitioner has been a member of the Sangha Mitra CGH Society since 1995. She had sought information from the SPIO regarding documents and accounts pertaining to the Society as well as minutes of the general body meeting of the Society. She had also sought information regarding charges payable to the DDA. Despite communication by the SPIO to the Society the latter gave no replies.

The petitioner, then, approached the First Appellate Authority, who directed the SPIO to procure information sought by the petitioner from the Society and further supply it to the petitioner. It was also directed that in case of failure on the part of the Society to furnish information sought from it, suitable action would be initiated against it in terms of provisions of Section 139 of the DCS Act. Subsequently, the Society granted liberty to the

- Expert speak -

CA. Ramesh S PrabhuChairman, MSWA

petitioner to approach its of�ice and inspect the records.

Charges payable

As for the information sought by her regarding charges payable to the DDA, the SPIO sent a letter, dated 09.01.2008 to the Society, which it subsequently replied to.

In their reply the Society stated that the informa-tion sought by the petitioner was voluminous and that the petitioner was required to be speci�ic as to the information sought by her.

It also stated that once the petitioner deposited the amount to-wards photocopying the documents they would be able to provide her with the information. However, in the intervening period of 20.12.2007 and 01.04.2008, the petitioner �iled an appeal under Section 19 of the RTI Act, 2005, before the CIC on 15.02.2008.

CIC Order

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MSWA’s Housing Societies Review 39 April 2017

BUILDING REPAIR & REDEVELOPMENT WITH SKILL & CAREYOUR ONE “WRONG DECISION IN SELECTING A WRONG CONSULTANT / CONTRACTOR / BUILDER MAY RESULT IN

Multiple recurring problems and that too after loosing your hard earned capitalTHAT'S WHY: Trust us for sound technical advice /guidance and successful completion of

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MSWA’s Housing Societies Review 40 April 2017

Central Information Commission in its order disposing her Appeal held as follows:

"Respondents pointed out that under Section 139 of the Delhi Co-operative Societies Act, the appellant as a member of the Cooperative Society, viz. Sanghmitra CGHS Limited had all the rights to receive the information requested by her from the Cooperative Society including inspection of the records and, in case she did not get a response from the Cooperative Society, she was entitled to �ile appropriate appeals before the of�icers of the Registrar of the Cooperative Societies. It was the respondents' submission that the appellant should be advised that in view of the presence of Section 139 of the Delhi Cooperative Societies Act, it is no more possible to access information held by the Cooperative Societies through Section 2(f) of the RTI Act.

The Cooperative Societies Act being a special Act took precedence over the RTI Act (which is a general Act) especially when the special Act itself provided to a bona-�ide member of a Cooperative Society identical relief as provided under the RTI Act."

"These appeals are clearly not maintainable because the Cooperative Societies are not public authorities to whom the RTI Act directly applies. The information held by such Societies is to be indirectly accessed under Section 2(f) of the RTI Act through a public authority, i.e. the Registrar of Cooperative Societies, who under the Delhi Cooperative Societies Act is competent to access information held by the Cooperative Societies".

Look for the detailed High Court decision in forthcoming issues

�SAHAKAR BHARATI SAHAKAR PRASHIKSHAN SAHAKARI SANSTHA MARYADIT, KARAD�

COMPULSORY EDUCATION & TRAINING CLASSES Under Section 24 A of MCS Act 1960

FOR CO-OPERATIVE HOUSING SOCITIES

For Registration & More Details Contact :

MAHARASHTRA SOCIETIES WELFARE ASSOCIATION

th(1) 97 Constitutional amendments, MCS (Amendment ) Act, 2013, MCS( Amendment ) Rules,

2014 and changes in the Model Bye­laws.

(2) Redressal of complaints of the members of CHS and the Society.

(3) Management of Cooperative Housing Societies, Election, Accounts & Audit.

(4) Title Transfer of Flat, Conveyance, Stamp duty, Registration, Nomination etc.

(5) Leakage, levy of charges, Structural audit, Repairs, Redevelopment.

A/2-302, Laram Center, Opp. Rly Station, Near Bus Depot, Andheri (W), Mum – 58Tel.: 022 - 4255 1414 / 022 2624 8589 Email : [email protected]

Website : www.cooperativetraining.org / www.mswa.co.in

(Government of Maharashtra Noti�ed vide Gr. Dt. 2nd March 2015)

Certi�cate is given to the paid participants Fees Rs.5750/= for one session for all members of society

*(The Cheque should be drawn in the name of the Maharashtra Socialites Welfare Association )

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MSWA’s Housing Societies Review 41 April 2017

DON’T GET YOUR BUILDING REPAIR TILL YOU CALL US SERVICES OFFERED IN MOST REASONABLE TERMS

Details Structural Survey / Audit of the building

Suggesting cost estimation preferring economical & Effective remedial ways

Conducting Advance Technologies of NON - DESTRUCTIVE TESTS (Ultra Pulse & Rebound Hammer Test)

Tender Document formulation, selecting best & competitive bidder on behalf of society.

Day to day site supervision, guidance to contractor while execution on repair work.

Stability certificate on completion

Office: 201-A, Sunteck Grandeur, Opp Andheri Subway, S. V. road, Andheri (W) Mumbai 400058. Mob.: 9820146623, Tel: 26774100, 26774200, E mail: [email protected] / Web Site: www.supremeengicons.com

REDEVELOPMENT

REPAIRS

Feasibility survey of the society building. Preparation of Tender document for Developer/ Builder

Supervision / quality control during execution work. Legal consultancy towards Redevelopment work

Redevelopment Panel consists of Structural Engineer, Architects, Legal Consultants.

(AN ISO 9001 - 2008 CERTIFIED COMPANY)

CONSULTANTS FOR REPAIR ANDREDEVELOPMENT PROJECTS

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MSWA’s Housing Societies Review 42 April 2017

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MSWA’s Housing Societies Review 43 April 2017

STATE CO-OPERATIVE ELECTION AUTHORITY, Maharashtra State , Pune

Old Central Bldg. Gr. Floor, Pune - 411001.

Outward No.SCOEA/Section-3A/Mumbai/Training & Guidance/Housing/Election/1552/2017

Date : 01/04/2017

Ph. No. (020) 26050641 / 26051110 E-mail Id: [email protected]

To,Shri Ramesh Prabhu,Chairman,Maharashtra Societies Welfare Association, Andheri (W), Mumbai -400 058.

Sub :- In respect of the election of the committees of Co-operative Housing SocietiesRef :- Your letter dt 20-03-2017

Incidental to above mentioned subject and under reference letter you have been informed that, Your Association has shown keen interest in giving guidance in election matter to the Co-operative Housing Societies, which is highly appreciable. There are roughly 30,447 'D' class Co-operative Societies in the jurisdiction of Greater Mumbai and most of them are under the 'Housing Co-operative Society' type. By making amendment in the Maharashtra Co-operative Society Act, 1960 on dt 14.02.2013, Section 73 CB relating to election was inserted and Rules under the said section came into force w.e.f. 14-11-2014 However most of the Of�ice Bearers and Members of the Co-operative Housing Societies are ignorant about provisions of Maharashtra Co-operative Societies (Committee Election) Rules 2014. As a result, most of the Co-operative Housing Societies are not co-operating with the election machinery for implementing election process according to amended law under section 73 CB (14). It came to the notice of the Authority that dif�iculties arise in conducting election and due to this, elections are kept pending.Considering the above, it is necessary to organized meetings/guidance camps for comprehensive enlightenment of of�ice bearers and members of Co-operative Housing Societies in Greater Mumbai incidental to the provisions included after the amendments and new Election Rules. Currently, there are more than 90 Federal Societies of Housing Societies active in Mumbai. Their participation will be bene�icial for this task. If such training workshops are organized through your Association with the participation of Federal Societies of Co-operative Housing Societies in Co-ordination with Divisional Joint Registrar, Co-operative Societies Mumbai/Konkan, District Deputy Registrars, Co-operative Societies and Ward Of�icers, then the Senior Of�icers of the Authority would de�initely attend such seminars for guidance. Similarly, if the Authority get the information regarding your member societies contacting to your Association for election purposes, then the Authority can take further necessary action immediately. You are therefore requested to organized such type of Guidance camps/workshop and inform the same to this Authority. With the direction of Hon. Commissioner, State Co-operation Election Authority Maharashtra State Pune,

(Srikrishna Wadekar) Secretary,State Co-operation Authority Maharashtra State

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MSWA’s Housing Societies Review 44 April 2017

Location Address Tel. No.

Fort

Vasai

Dombivali

Sai Sadan, 1st floor, office No. 103, 76/78,Modi Street, Fort, Mumbai 400001

Swagat Bhavan Bldg., Near Indian oil, Opp. M. S. E. B. Colony, Vasai (E), Thane - 400 208.

1-B, Ram Govind Apartment, Opp. Vijya Bank, Near Brahman Sabha Hall, Dombivali (E) - 421 201.

3, Nakshatra, Shobha Aprtment, Sarojini Naidu Road,

Tambe Nagar, Mulund (W), Mumbai - 400 080

022 - 2265 65 8298 21 23 47 70

0250 - 645 75 850250 - 645 75 86

0251 - 2422 880

Mulund

“MSWA Branch office “

MAHARASHTRA SOCIETIES WELFARE ASSOCIATION (R)

022 2568 5983

98 69 03 45 67

ANNOUNCEMENT - Now Books of MSWA , Bye-Laws, forms are available at :

NITIN NIKAM & ASSOCIATES Build.No.20, A-Wing, Room No. 005, Ground Floor, Tilak Nagar, Chembur,

Mumbai - 400 089, Tel.: 022 - 6521 2833Tel: 9869017994 / 9987504918

GORAI MAHARASHTRA SAHAKARI SANSTHA ASSOCIATION MARYADITAdd.: Plot No. 198, Room No. C/11, Spurthi CHSL, Gorai - 2, Borivali (W), Mumbai - 400 092

Mr. Ashok Utekar - 98212 88662

CREATION OF WhatsApp Group by MSWAThe Social media has been spreading very quickly.

Every person who wants to have the instate

information on various aspects been using

WhatsApp as means and getting enrolled in

different WhatsApp group. At the request of many

members and public at large at different Seminars

we had organised the MSWA has created the

areawise WhatsApp group. any person who want to

be part of their respective

areawise group are requested to send your request

to : WhatsApp Mobile No. : 7045599708 or E - m a i l t o : s h e e t a l p . p a c p l @ g m a i l . c o m /

[email protected] with following details : (1) Name, (2) Designation like Committee member

or Secretary etc. (3) name of Society (4) Area for e.g.

model town, Shastri ngr., or Road (5) Railway Stn.

(6) E-mail Address _______________

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MSWA’s Housing Societies Review 45 April 2017

FREE PUBLIC LECTURE ON RIGHT TO INFORMATION ACT

“GIANTS INTERNATIONAL JOINTLY WITH

MAHARASHTRA SOCIETIES WELFARE ASSOCIATION HAS ARRANGED PUBLIC LECTURE ON “ RIGHT TO INFORMATION ACT” BY Mr. HARIRAM

CHAUDHARY, ON EVERY FOURTH SATURDAY, Next Date for Seminar is 22th April., 2017 At 5.00 PM

Topic : 1. PREVENTION OF DELAY IN DISCHARGE OF OFFICIAL DUTIES ACT. HE WILL ALSO GUIDE

ABOUT EFFECTIVE USE OF LOKSHAHI DIN . 2. INFORMATION ABOUT RIGHT TO SERVICES

ACT, WHICH HAS BEEN RECENTLY PASSED BY THE MAHARASHTRA ASSEMBLY.

THE LECTURE & INTERACTIVE SESSIONS WILL BE HELD AT CONFERENCE ROOM OF MAHARASHTRA SOCIETIES WELFARE ASSOCIATION AT

A-2/302, LARAM CENTRE, OPP ANDHERI RAILWAY STATION (WEST), MUMBAI 400 058

FOR FREE REGISTRATIONS CONTACT : Mob. 9322090137 OR TEL 42551414 OR Tel. 2367 9698

You are Welcome to post your questions / queries, by E­mail in advance, to [email protected] / [email protected]

Key Speaker : Mr. Hariram Chaudhary, S.E.O. Ex. Special Executive Magistrate, Panelist and Moderator - TELEVISION & RADIO, Chairman - Publicity GIANTS INTERNATIONAL, Past National Director - HG. FELLOWSHIP, INDIAN JUNIOR CHAMBER

csgrj gkmflax ds fy,] vkb;s cuk,a csgrj dk;ns !

Why not invite MSWA to your society for chai-nasta?What changes do you want in the administration of cooperative housing societies? What remedies are you seeking from the Real Estate Regulatory Authority? Come let us discuss. MSWA, led by CA Ramesh Prabhu, will convey your views to Govt. of Maharashtra. We will advocate your cause for making changes.

OUR FACULTY WILL DISCUSS WITH YOUR SOCIETY MEMBERS ABOUT:1) Proposed changes in Maharashtra Cooperative Societies Act 19602) Useful provisions of RERA3) How and why to register in voters' list for Mumbai Graduate

Constituency.

If you want to invite us to your society, email us on [email protected], or WhatsApp us on 70455 99702 / 4255 1414/ 32

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MSWA’s Housing Societies Review 46 April 2017

Yours faithfully,

Signature: Applicant / Chairman / Hon. Secretary / Treasurer

FILL THIS FORM

I/We hereby apply for Registered membership of Maharashtra Societies Welfare Association.

Application for Membership(Registered)

Total Members of Society________________________________ Flat______________ Shop___________ Garage____________

Enclosed 1 Year Subscription 3 Years Subscription 5 Years Subscription ` 1150/-, ` 2300/-, ` 3450/-

By Cash / Cheque No._____________________________ Date_________________________ Rs.__________________________

drawn on______________________________________________________________________________________________ bank.

Address : A-2/302, Laram Centre, Opp. Rly. Station, Andheri (W), Mumbai - 58. Tel.: 022 - 42551414 / 26248565 / 89.

` 1000/- + 15 % Service Tax = ` 1150/-

` 2000/- + 15 % Service Tax = ` 2300/-

` 3000/- + 15 % Service Tax = ` 3450/-

FOR SOCIETY FOR INDIVIDUALIncluding Service Tax

(Including 15 % Service Tax)

PERIOD

1 YEAR

3 YEAR

5 YEAR

575/-

1150/-

2300/-

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47

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48

From,MAHARASHTRA SOCIETIES WELFARE ASSOCIATION A-2/302, Laram Centre, Above Amar Juice Centre, Near Bus Depot, Opp. Andheri Rly. Stn. Platform No. 6, Andheri (W), Mumbai - 58.Tel.: 022 - 42551414 / 26248589 / 65

Postal Registration No. MCN / 79 /2016 - 2018Wpp License No. MR/Tech/Wpp-204/North/2017Posting At : Mumbai Patrika Channel, GPO, Mumbai.Date of Publication : 10th of Every Month Posting Date : 10th & 11th of Every Month