Mswa's Review July - 2013

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o-operativeSocialEnterprise

An Initiative of MSWA

July 2013 Vol. 07 Issue 04 Price : ` 25/-



02



MSWA’s Housing Societies Review 03 2013July

2, Anupam Appartment, Opp. Rationing Office,

Beside Snahanjali Showroom, S. V. Road,

Malad (W), Mumbai - 400 064.



MSWA’s Housing Societies Review 04 July 2013

EDITORIAL BOARD

Mr. G. G. Shanbaug 9870205677

Mr. Naresh Pai 9850822472

CA. Vijay Rao 9819432765

CA. Prakash Valecha 9821045102

&

For General Housing Societyrelated queries, Contact MSWA

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

Views expressed in this Magazine areof the authors & MSWA is notResponsible for its Contents.

Circulate among Friendsand other members of the Society

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

MOST IMPORTANT

RAMESH PRABHU Chairman, MSWA

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

Free

Rs. 1124/-

MANAGING EDITORSMr. V. Viswanathan 9890187344

CONTENT Page No.

Deep Impact 06, 08

The Provision Under Sec. 146 & 147 10,

Deemed Conveyance - LBT 12,

Penalties for offences Committed by the Committee 14, 16

Structural Audits 20,

Dear Members,

You will be happy to know that the Co-operative

Department is in the process of computerizing the

details of all the registered Co-operative Societies.As per the latest provisions made in the

Maharashtra Co-operative Act, 1960, everyth

society is required to file following documents before 30

September, every year.

1) Annual return in the prescribed format

2) Balance Sheet and Income and Expenditure A/c duly

audited

3) Audit Report

4) Audit rectification report and action taken report

5) Appointment of Auditors and the acceptance of the auditors.

In the state there are nearly 88,000 co-operative Housing Societies.

If these information is not made available online, it will be difficult

for the Registrar to tract the defaulting societies and to take action

thereon. Presently, the registrar conducts the inspection or makes

enquiry of the working of the society, on the basis of complaint

received. The department now wants to initiate a system of pro-

active step and regulate all the registered Co-operative Societies.

Now as an initial step, all the societies have been advised to create

their own email account and submit the information of theirsocieties on Co-operative Department website :

https\\mahasahakar.maharashtra.gov.in

Process and Key Steps Involved in Registering Society Online is as

follows:

Continue ... Page No. 08







DEEP IMPACTWith four building collapses over the past

three months, residents and experts

discuss how timely checks could help avoidstructural mishaps

fter observing cracks and water leakages

for many years, residents of 40-year-old

AEversweet Apartments in Andheri west

conducted repairs in 2011 and got the walls, beams

and pillars fixed, along with solving the water

leakage problem so that their building remains

safe. Businessman Bhagwan Shetty, chairman of

the housing society, says, “No repairs had been

made for 10 years, so this was inevitable.”

Over the last three months, four buildings have

collapsed in the city, resulting in at least 25 deaths

and significant monetary losses. Experts sayMumbaiites should use this as an alarm call, and

conduct periodic checks on their own buildings,

like in the case of Eversweet.

BEST PRACTICES

Many residents are unaware that as per the BMC

bylaw No. 77 for housing societies a building

between 15 and 30 year old is mandated to conduct

a structural audit every five years, while order

buildings should be checked once every threeyears. Engineers employed by the local municipal

corporation are responsible for these audits.

“A large number of buildings in Mumbai flout these

rules,” says Suresh Sahu, structural engineer,

Supreme Engicon, a firm specialising in building

repair and redevelopment. “If they aren't carried

out in time, other buildings may suffer the same

tragic fate as the residents of the four-collapsed

buildings did.”

BIG DEEPER

Karishma Shivdasani, a 22year-old student, stays in

a 60-year-old housing colony in Kalina that has only

been painted over the years, without any structural

checks. “Even residents of 100-yearold buildings

don't take it seriously and are ready to compromise

their safety,” says Mahindra Barde, senior associate

and consultant at Structwel, an engineering

consultancy.

Food writer Antoine Lewis,41, who has been living

in a Colaba building that is over 90 years old, says,

“We haven't conducted any major repairs since the

'80s. However, the residents themselves fund for

periodic checks for painting and other externalfixes.”

Experts say that painting is purely a cosmetic

procedure, while a complete structural audit

involves much more lasting repairs, such as

treating rusted iron rods and strengthening pillars

and beams, which will extend the lifespan of a

building. (See box: Conducting a structural audit)




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THE HURDLES

Even though residents agree that steady repairs are

essential, many buildings remain unchecked for the

following reasons:

Costs involved: This is the biggest deterrent

because bills can go from a few lakhs to a crore,

depending on the size of the building and the scope

of work. In many societies, most members are

unwilling to shell out extra for the sinking fund.

Though cost is the deciding factor for many, Sahu

says, “Some people spend a lot on designing their

houses, but overlook signs of weakness in the

structure.”

Inconvenience: Residents often object

maintenance work because it can take up to a year.

Also, they insist on finishing work only in the

exteriors like the staircases and terraces, but leave

pillars and beams at home unrepaired, says Shetty.

Redevelopment versus repair: In building are

awaiting redevelopment, residents think

temporary repairs are a waste of resources.

However too –“Damages could occur before the

building is up for the process”.

Builders' interference: Residents of societies,

which don't have conveyance deeds, are unwilling

to hand over the responsibility of repairs to the

builder. “We don't know what to do because we

can't afford a full structural repair nor do we trust

the builder” says a Nallasopara resident on

condition of anonymity.

BMC approvals: For major repairs, societies need

approval from various departments of BMC, such

as, sewerage, gardens, storm water, hydraulics and

others, which can take as long as a year.

Tenants versus owners: “Since many apartments

are leased out for measly rents and low interest

rates, landlords are hardly interested in

maintenance,” says Chetan Narain, real estate

developer, Narain Associates. Tenants often back

out of payments, since the repairs don't hold long-

term benefits for them.

- by Anubhuti Matta,

( Source : Hindustan Times )

Continued From Page No....04

A) Step 1: Opening WebsiteB) Step 2: Creating User Account C) Step 3: Society Registration: Filling Profile

DetailsD) Step 4: Updating Society Registration DetailsE) Step 5: Log In and Log Out from Website.

In order to update the details of MSWA members,

your association has offered free service for which

two officers have been designated in the

association office at Fort and Andheri. The required

details of the society to upload the information of

the society is given elsewhere in this magazine. You

are requested to fill up the same and come to the

association office with a copy of the registration

certificate of the society. Without scanned copy of

registration certificate, the details cannot be

uploaded. In case, societies do not have their

registration certificate, the same can be obtained

from the registrar office or contact the associationoffice for any assistance. Complete assistance will

be given to the member of MSWA free of charge.

Please note that this is very important, as the

societies who have not updated their details have

chances of losing their registration and further, the

registrar may issue show cause notice and also

necessary actions against the committee including

disqualifying the committee for five years in

addition to payment of penalty by them.

Therefore, please do consider this as an important

duties to be performed by the societies. Your

association has also made available the Model Bye-

laws of co-operative Housing Societies which is

available at the nominal cost of Rs.40/- per copy at

the association office at Andheri and Fort.

With Best Regards

CA. Ramesh S Prabhu, Hon. Chairman.




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HOUSING SOCIETIES ACTIVIST

9820538570,

FAQs ON PARKING

BARKING FOR PARKING

Q-1) CAN A MEMBER HOLDPARKING SPACE / STILT IF HE

HAS PURCHASED THE SAME?

A:- Builder has to provide a mandatory parking

space to every flat as per the provisions of the

Development Control Regulations. Parking space

which is not counted in F.S.I calculation is the

property of the society. Hence, by the same reason

and also as IN THE HIGH COURT OF JUDICATURE

AT BOMBAY APPELLATE JURISDICTION FIRST

APPEAL NO. 2182 OF 2007, Nahalchand

Laloochand Pvt. Ltd .Appellant Vs. Panchali Co-

Operative Housing Society Limited., versusPanchali Co-Operative Housing Society Limited, the

Builder is NOT entitled to sell you Parking Space

outside the FSI consumed which was further

confirmed IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION CIVIL APPEAL

NO. 2544 OF 2010, Nahalchand Laloochand Pvt.

Ltd. pellant Vs. Panchali Co-operative Housing

Society Ltd. But if the Builder utilizes part of the

limited FSI he holds to build a car parking, then he

can sell that to the Flat owner and the same can be

retained under Bye-law 79 of MCS Bye Laws, as the

said sale is legal in nature.

Q- 2): WHETHER THE ALLOTMENT OF PARKING

SPACES / STILTS SHALL BE MADE BY THE

COMMITTEE ON THE BASIS OF ' FIRST COME

FIRST SERVED OR UNSOLD AND AVAILABLE

PARKING SPACE?

A:- The common parking area / stilts is the

property of the said society as per the said High

Court order and also as per the various provisions

of DCR & MOFA Act. But, be advised that this

common parking area does not include the parking

space that is reserved for each flat as per theprovisions of DCR.

Hence, this common parking space is the property

of the society and the society can allot it on 'First

Come First Serve" basis or in any other manner in

accordance to decisions of all the members, within

the frame work of the Model Bye-Laws & MCS Act,

1960.

LEGAL & TECHNICAL INTROSPECTION:

Q - 3) : WHO OWNS THE CHS PARKING SPACE?

A : a) The CHS "Solely" owns the common

spaces (Stilt, Open or whatever)b) The members DO NOT own the common

spaces (Stilt, Open or whatever)

c ) A l l o t m e n t o f P a r k i n g s p a c e i s a

"Administrative function" and "ONLY & ONLY" t h e

MC has jurisdiction & is empowered to allot the

parking space allotment to its own Registered

members

d) The GB is not empowered to decide or allot

parking spaces.

e) Registered members include family members

and associate members

f) Parking is NOT a Right of the member and at themost can be an extended as humanitarian

facility to the CHS members.

g) Tenant's are Nominal Members AND HAVE NO

RIGHTS OF A REGULAR MEMBER, which includes

having NO RIGHTS of parking in the CHS premises.

However, at the discretion of the MC, parking can be

an extended as humanitarian facility to the nominal

members.

h) Parking area (Stilt, Open or whatever) is not

covered under Floor Space Index (FSI) and

hence is not saleable, as upheld by the Supreme

Court in the case of Nahalchand vs. Panchali CHS.

I) The bye-law provision pertaining to Parking

"RIGHTS" is a gross violation of the various BMC &

Fire act rules and has got no force of law, in Court of

Law.

Q - 4) : CAN THE MC REFUSE TO ALLOT PARKING

SPACES TO ITS MEMBERS ?

A : a) Parking space limitation (numbers) is

decided by the Lay-Out-Plan (LOP) as sanctioned

by the civic body (like BMC)

b) AND under the Development Control rulesc) AND under the Fire Act rules

d) The MC is bound to "NOT" violate the LOP & DC

Rules & Fire Act rules, regarding the way common

spaces are to be maintained.

e) IF the MC strictly goes, by all the Laws, then the

MC may refuse parking spaces to ANY & ALL of its

CHS members, due to the various parameters of

various Laws.




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DEEMED CONVEYANCE TO GET AFFECTED DUE TO

APPLICABILITY OF LOCAL BODY TAX(LBT)

EFFECTIVE FROM 1.10.2013 IN MUMBAI.

There was complete strike by the retails andwholesaler Trade unions to oppose the imposition

of Local Body tax for the various compliance that

has be done by even the small traders. No

consumers were aware of its effect on the Flat

purchasers or on co-operative Housing Societies

seeking the conveyance. The circular issued by the

Inspector of General and Registrar and Control of

Stamps, Maharashtra, every transaction of sale or

Gifts of immovable property executed in the

Municipal Corporation after the date of

applicability of LBT, shall be liable to pay 1% of the

Market value towards the LBT.

LBT has become applicable in all part of

Maharashtra (except in Mumbai) effective from

1.4.2013. In Mumbai, the

same will be applicable

from 1.10.2013. Many

societies who have lodged

their deemed conveyance

deed for registration inPune, Nashik, Vasai –Virar

have already been asked

to pay 1% LBT on the total

market value. Even, if the

market value of each flat

is considered to be nearly

Rs. 25,00,000/-, each flat

owners is asked to pay

nearly Rs.25,000/- per

flat only towards LBT.

T h e s a m e w i l l b e

applicable in Mumbai.

The cost of each flat in

MUMBAI will be more

t han R s . 50, 00, 000/-

which means, each flat

owners have to be pay

nearly Rs.50,000/- as LBT just toget their deemed conveyance

registered. This is completely an

injustice on the Co-operative

Housing Societies who are

p lan n i n g t o g et d eemed

conveyance as per the latest

provision of MOFA, 1963.

There need to be complete protest for levying LBT

on Deemed conveyance as the sale transactions

were only effected long back but the builders and

the land owners were not granting the conveyance.

For the default of the promoters, the flat owners

who are planning to move in the right direction

should not be punished by levying this Local Body

Tax on such transaction.

The societies who have

already got the deemed

conveyance, are advised

t o p r e p a r e t h econveyance deed, get it

executed and submit to

t h e s t a m p d u t y

d e p a r t m e n t a t t h e

earliest, say at least on orth

before 30 September,

2013, so that you can

avoid paying the LBT

which will be effectivest

from 1 Oct, 2013.

Free Camp for

Adoption of

New Model Bye-Laws

More Details

Contact :

022-42551414

S. R. Desai







PENALTIES FOR OFFENCES COMMITTED BY THE COMMITTEE OR THE MEMBER OR A PERSON

AS PER THE AMENDED MCS ACT, 1960.th

97 Constitutional amendment has provided in Article 243ZQ. as under”

(1) The Legislature of a State may, by law, make

provisions for the offences relating to the co-

operative societies and penalties for such

offences.

(2) A law made by the Legislature of a State under

clause (1) shall include the commission of the

following act or omission as offences, namely:-

(a) a co-operative society or an officer or member

thereof willfully makes a false return or

furnishes false information, or any person

willfully not furnishes any information

required from him by a person authorized in

this behalf under the provisions of the State

Act;

(b) any person willfully or without any reasonable

excuse disobeys any summons, requisition or

lawful written order issued under the

provisions of the State Act;

© any employer who, without sufficient cause,fails to pay to a co-operative society amount

deducted by him from its employee within a

period of fourteen days from the date on which

such deduction is made;

(d) any officer or custodian who willfully fails to

hand over custody of books, accounts,

documents, records, cash, security and other

property belonging to a co-operative society of

which he is an officer or custodian, to an

authorized person; and

(e) whoever, before, during or after the election of

members of the board or officer bearers,adopts any corrupt practice

Considering the above requirement of the

Constitution, Section 146 has provided for type

of Offences and Section 147 provided for the

Punishment that shall given to every society,

officer or past officer, member or past member,

employee or past employee of asociety, or any other person, who

commits an offence under section

146, on conviction.

t hC o n s i d e r i n g t h e 9 7

Constitutional amendment and

MCS Act, 1960 , the new Model

Bye-laws No. 166.provided as under:

The meeting of the General body of the society may

prescribe penalties for different breaches of the

bye-laws of the society. The Secretary of the society,

under instructions from the Committee, shall bring

to the notice of the member concerned, the breach /

breaches of the bye-law/bye-laws committed by

him. If the member persists in continuing the

breach / breaches, the Committee shall give the

notice to the member to show cause as why the

penalty should not be inflicted on him for breach /

breaches of the byelaw/ bye-laws. The general body

meeting, after considering the say of the member

and after giving him hearing, may levy penalty to

the extent of maximum consolidated penalty of not more than Rs. 5000/- in a particular year.

As per Bye-laws No. 154(b) If the Committee of

the Society fails to submit Audit Rectification

Report to the Registrar and the Annual General

Body Meeting, all the members of the Committee

shall be deemed to have committed an Offence

under section 146 of the Act and shall be liable for

Penalty under section 147 of the Act.

Now more responsibility has been cast on the

committee members to do the following important function. Earlier, the committee would have been

dissolved, if M-20 Bond was not executed but now

the members can bring the following points before

the registrar and get the committee dissolved and

also debarred from contesting election for next

term of 5 years. This is more serious provision than

the earlier provision of non- execution of M-20

bonds.

Naresh Pai







1) As per section 146( c) committee of a society

or an officer or member thereof fails to invest

funds of such society in the manner required

by section 70. To open the account in the A

grade District central Co-operative Bank or

other approved banks by the State Govt and

not the nationalized Bank.

2) As per section 146 (e-2) any person knowingly

gives a false certificate in whatever form

showing that a person is or is not a "defaulter"

within the meaning of that expression in the

Explanation to clause (i) of sub-section (1) of

section 73CA.

3) As per section 146(f) A committee of a society

or an officer or member thereof, fails to comply

with the provisions of sub-sections (2), (2A),(3) or (4) of section 75 which are related to the

Annual General Body meeting to be held

within 6 months of close of co-operative year.

4) As per section 146(g) a co-operative society or

an officer or member thereof willfully makes a

false return or fails to furnish a return under

section 75 or 79 of the Act, or furnishes false

information or willfully fails to furnish any

information required from him by a person

holding an inquiry under section 83, personauthorized under section 88 or as required

under any provisions of this Act, any officer or

member of a society who is in possession of

information books and records, fails to furnish

such information or produce books and

papers, or give assistance to a person

appointed or authorized by the State

Government or the Registrar under-sections

77A, 78, 78A, 81, 83, 84, 88, 89A, 94, 103 or

110A.

5) AS per section 146(k) a committee of a society,

or an officer or member thereof, willfully

makes a false return, or furnishes false

information, or fails to maintain proper

accounts.

6) As per section 146 (l) any officer, member,

agent or servant of a society fails to comply

with the requirements of sub-section (4) of

section 81 regarding the appointment of

auditor and getting the books audited before

the issue of notice to call Annual General body

meeting which is required to be held within 6

months of close of co-operative year.

Section 73-CA. Disqualification of committee

and its members in clause(viii) says” is held

guilty for any offence under section 146 and

convicted under section 147.

The Committee and the members now will be

cautious as any offence or default shall make them

liable to pay the penalty and not only that they will

be debared from contest the next term of the

election. This is a good measure to make thecommittee and the members responsible. The

implementation and the difficulties one need to

undergo because of this provision will be known

only when the same is brought to the notice of

Registrar.

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STRUCTURAL AUDITSERRANT HSG SOCIETIES TO BE PROSECUTEDMumbai: The Brihanmumbai Municipal

Corporation (BMC) will prosecute housing

societies that do not carry out structural audits of their buildings.

After sitting on a proposal since 2009,the BMC

issued an advertisement on June 13 announcing

that it was compulsory for buildings more than 30

years old to carry out structural audits and submit

them to it by mid-July.Senior civic officials said only

five societies had submitted their reports. If

buildings fail to adhere to the rule, we will file cases

against them under Section 488 of the BMC Act. The

section bars people from living in dangerous

structures and risking lives of many others, anofficial said.

After a spate of building crashes in the city and

nearby areas, municipal commissioner Sitaram

Kunte told civic officials to strictly implement the

rule. Action against the errant building owners

should not stop with issuing notices, he said, and

added that prosecution must follow. Officials said

there was no foolproof method to check if buildingsare structurally stable. It was also not possible to

predict when a dilapidated building will collapse,

they said, hence the structural audit was necessary.

As per Section 353B of the municipal act,it is

obligatory for every owner and occupier of

buildings, more than 30 years old, to have them

inspected by qualified structural engineers

registered with the BMC. It is mandatory to get

repairs as suggested by those engineers and submit

completion and structural fitness certificates to theBMC. The notice said corrective repairs suggested

by the engineer should be undertaken within six

months to secure structural stability of the

building, failing which action will be taken.

Source : Times of India, Dated 01/07/13

SERVICE TO THE SOCIETY IS THE RENT WE PAY.

RIGHT TO CRITICIZE, ONLY IF YOU GET INVOLVED.- By Shri. Rajesh Bhatt.

One day a farmer, walking down the street in a small town came across a large stone in the middle of his

path. The farmer complained: "Who could be so careless as to leave such a big stone on the road? Why does

someone not remove it?" He went away complaining.

The next day, the same thing happened with a milkman. He too went away grumbling but left the stone as it

was.

Then one day, a student came across the stone. Worried that someone may fall over it and hurt himself, he

decided to push it aside. He pushed long and hard all by himself and eventually managed to remove the

stone from the path. He came back and noticed a piece of paper where the stone was kept.

He picked the paper and opened it. Inside was written, "You are the true wealth of this nation."There are

two kinds of people Talkers and doers.

Talkers merely talk, while doers do.

“The moral of this story is that if you don't want to get involved you have no right to criticize.

Become the change you wish to see in this world.”

Service to society is the rent we pay for the space we occupy on this earth




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Mob.: 93227 04830 / 9833097799

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Many Housing Societies in Mumbai.

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Make Your City Safe ( MYCS) – Now install “CCTV

System” in your Housing Societies at “Zero Cost”

Budding corporate lawyer Pallavi Purakayastha's

gruesome murder in her Mumbai apartment by the

security guard of the building, and earlier, the

brutal gunning down of investigative journalist J.

Dey in broad daylight in a posh city suburb are two

recent cases of gross negligence of security and

safety measures, when they are in abundance

today.

Pallavi's building had a CCTV installed but it was

faulty. The street where Dey was killed too had aCCTV installed by the authorities, but it had a video

loss, dark, clouded and blurred footage – as

investigations later revealed. Such killings,

burglary, theft, kidnappings, molestation and rape

have become order of the day across the country --

Including those cities where policemen are

supposed to be the best.

How and why do these crimes take place? Today,

most buildings are ill-equipped –securitywise, and

what they get to secure buildings and theirresidents are ill-paid, untrained and unskilled

watchmen described as “security guards”, who are

equally ill-equipped to prevent trespassers,

uninvited salesmen and prickly offenders from

making headway into the housing premises. Often,

they are also found dozing off, chit-chatting or

tending on chores such as buying grocery or

vegetables for some resident. Consequently, in

absence of a well-designed and robust security

system, most housing societies become vulnerable

-- falling prey to criminals, including rapists andmurderers.

Ironically, many society managements, despite

adequate funds at their disposal, do not install

CCTVs either because of an ill-conceived notion

that the purchase or leasing of an electronic

security system is expensive and its maintenance is

cumbersome.

Make Your City Safe

( MYCS ) – Install

CCTV System at Zero

C o s t w i t h o u t

managing it

With Zicom's electronic security products and

services, getting it installed it's just a call away.

Zicom MYCS services offer the following:

a. Conduct a security risk assessment study of

your housing society.b. Free CCTV Hardware & Software installation

c. Free system maintenance, no AMC contracts

d. Free Spares Replacement

e. Zicom assures CCTV working 24 x 7 with

minimum down time

f. Daily remote Health Check of the system thru

Zicom Command Centre

g. Just pay “ Monthly Service Charge” for the

system usage

thSince its launch on 26 January, 2012 in Mumbai

under “Make Mumbai Safe”, MYCS has captured

the imagination of several cities and evolved into

major properties including Make Thane Safe,

Make Navi Mumbai Safe, and Make Pune Safe

benefiting hundreds of societies in these five cities.

The company's future plans include Make

Bangalore Safe and Make Chennai Safe.

Right now, MYCS has earned Zicom the

responsibility of providing safety and security to

over one million satisfied residents across the

country. With the proliferation of cities, theirgrowth, and many turning into mega cities in the

next one decade, Zicom sees a larger role for itself

as a major security services provider to them. MYCS

is that one step forward towards fulfilling that

responsibility.

Contact Zicom on 1- 800- 270-8888 or

[email protected]

By Vasim Shaikh, Business Head

– Make Your City Safe initiative of Zicom







STEPS INVOLVED IN UPLOADINGTHE INFORMATION ON GOVT. WEBSITE:

1) You can email the details published in this

magazine along with scanned registration

c e r t i f i c a t e t o M S W A e m a i l s :

[email protected] or

2) You can fill up the details by taking the Xerox

of the forms attached in this magazine or fill

up in the same magazine form(by taking it

out) with a copy of registration certificate

and send to MSWA office at Andheri or at

Fort. Our association officials shall fill up the

details.

3) In case, you do not have any email address

please create one otherwise MSWA officers

will help you to create one and give you thepassword which you can later on change the

same.

4) The process involved is given in the user

manual published in the Govt website and

also in our website : www.mswahousing.org .

There are many useful information is

updated in our website.

5) The process to upload the information is as

under:

6) Step 1: Opening Websitea) Open Internet Browser

b) Go to Address bar and type the URL:

https://mahasahakar.maharashtra.gov.in/Si

te/Home/Index.aspx

Step 2: Creating User Account

a) Open Website : Follow Step 1. Govt website

would opened.

b) Go to Log in : Find LogIn Link on Bar and click

on LogIn.

c) Create New User: Click on New RegistrationLink

d) Enter Details: Fill the required details for

user creation.

e) Select User Type : Please select Society as

User Type.

f) Click on Create User:

g) User created:

Step 3: Society Registration:

a) Filling Profile Details as given in this

magazine.b) Upload the Society Registration Certificate:

Click on File Upload ink:

c) Click on Upload File and Browse File from the

opened window:

d) Once file gets successfully submitted,

confirmation message would appear on the

screen .

Step 4: Click on Submit Details:

a) Click on Submit button

b) Confirmation Message would appear

Step 5: Updating Society Registration

certificate:

a) Go to Profile link.

Step 6: Log Out from Website

a) Click on Logout button: User would be

redirected to Home Page if gets successfully

logged out.

For any queries or difficulties, you are

requested to contact our associationoffice at Andheri on 42551414 or at the

Fort office on : 22656582 / 9821234770.

You can also bring all the details given in this

magazine along with registration certificate

of the society, MSWA officers will help the

members of MSWA to upload the information

free of charge. This will help the societies to

avoid any penal actions including the

deregistration of the societies.

MSWA IS PROVIDING FREE

CONSULTANCY ON CONVEYANCE

and REDEVELOPMENT ON

SATURDAY BETWEEN 6PM TO 8

PM WITH PRIOR APPOINTMENT.

(Call - 022 / 42551414 )




Mobile : 9820146623,

!! KINDLY ATTENTION ALL OFFICE BEARERS !!

DON’T GET YOUR BUILDING REPAIR / REDEVELOPMENTTILL YOU CALL US FREE ADVICE *

WE EXPERTISE IN REPAIR & REDEVELOPMENT CONSULTANCY

SERVICES OFFERED IN MOST REASONABLE TERMS

STRUCTURAL AUDIT / REPAIRS :

REDEVELOPMENT

Details Structural Survey / Audit of the buildingFind out the Leakeges Source from External / Internal

Suggesting cost estimation preferring economical & Effective remedial ways

Conducting Advance Technologies of NON - DESTRUCTIVE TESTS

(Ultra Pulse & Rebound Hammer Test)

Half cell potential chemical analis.

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

Feasibility survey of the society building

Preparation of Tender document for Developer/ Builder

Supervision / quality control during execution work

Expert in Liasoning with BMC/ MHADA /Collector / SRA / MMRDA

Legal consultancy towards Redevelopment work

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

Office: 401, Shree Krishna tower, Link Road, Andheri (W), Mumbai 400053, Tel: 2673 2435, 2673 2436,E mail: [email protected] / [email protected]

Web Site: www.supremeengicons.com

(AN ISO 9001 - 2008 CERTIFIED COMPANY)




ONLINE REGISTRATION FORM

Society Registration Details

Registration Details

Registration Number : * 1. Registration Date : *

Society Basic Details

Society Type

Society Name

Society Class

3.

5.

6.

4.: *

: *

: *

Housing Society Society Code :

Address of Society during Registration

Present Address of Society

Address

Road / Street

Near / Opposite

District

Taluka

Village/City

Pincode

Address

Road / Street

Near / Opposite

District

Taluka

Village/City

Pincode

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

: *

: *

: *

: *

: *

: *

: *

: *

: *

: *

: *

: *

: *

: *

2.




VAST EXPERIENCED B.M.C. APPROVED CONSULTANTS

WE OFFER FREE VISIT& BEST SUGGESTIONS FOR

STRUCTURAL AUDIT/ BLDG. REPAIR CALL : 9821604948

FOR REDEVELOPMENT FREE SUGGESTION CALL : 9323054747 / 9930105990

Lift elevator /




Society Members Profile

Jurisdiction

No. of Active Members

No of Units

(Applicable only in case of Housing)

24.

26.

28.

:

:

:

No of Members

No. of Domant Members

25.

27.

Other Contact Details

E-mail Address

Landlline

Mobile No.

21.

22.

23.

: *

:

: *

Name of Chairman

Tel. No. / Mobile No.

Name of Secretary


Name of Liquidator


No.of Committee Members

Tenure of the Managing

Committee (Months)

Last Audit Date

Audit Class

( as PerLast Audit )

Upload Society Registration Certificate : *

29.

30.

31.

32.

33.

34.

35.

37.

40.

42.

43.

Note : 1. * Mandatory for Update

2. Society Compulsory Upload Scanned Society Registration Certificate Document Here.

This Would be used by DDR for Validation

:

:

:

:

:

:

:

: *

: *

Society Management Profile

Last Election Date

Last AGM Date

Audit Year

Paid of Share Capital

(as Per Last Audited Balance Sheet)

: *

:

: *

: *

36.

38.

39.

41.




Mob : 9821037635

9892977396

Tel. Fax : 28798640

28790120 & 21

TIWARI SECURITY & DETECTIVEAGENCY PVT. LTD.

We provide

Security Guards, Armed Guards,

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Security for Housing Societies

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Sister Concern of New India Security Force

Area of operationAll over Maharashtra & Gujarat

Head. Off :

Mastermind - 4,Unit No. 127, Royal Palms,

Aarey Colony,

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Mobile: +91 823 767 7804| +91 902 945 0859Email: [email protected]




SEMINAR ON “COLLAPSING BUILDINGSOF MUMBAI REGION: PROBLEMS & SOLUTIONS”

We will hold a seminar for proper understanding of

citizens, professionals and experts on “Collapsing

Buildings of Mumbai Region: Problems &Solutions”. Increasing numbers of building

collapses is a man-made disaster that will happen

in Mumbai Metropolitan Region in this decade.

This is an economic as well as law-and-order

problem, which calls for tough decisions on the

part of the government, corporate and building

industry. Commercial redevelopment alone is not

the solution, especially with the looming

probability of property market recession! Citizens,

legislators, administration, building industry

professionals and other stakeholders need to look

at the problem with fresh eyes and think of long-

term solutions before the tipping-point is reached

for the city.

SYNOPSIS:· Over 16,000 buildings in Mumbai were

constructed before 1940. Hundreds of these

tenanted and cessed buildings are propped

up to prevent collapse. As cluster-

redevelopment schemes have failed to offer

acceptable solutions to tenants, landlords and

builders, these outdated buildings can be

expected to collapse every year during

monsoons. Some are notified as dangerous by

MHADA's Repairs and Reconstruction Board.

But thousands of families continue to live there.· Life-expectancy of most cement-concrete

structures is estimated at about 40 years.

They age every year, increasing the risk of

partial collapse (e.g. slab collapse) or totalcollapse.

· Hundreds of CIDCO buildings are fast

deteriorating. Although only about 20 years

ago, 53 of them have been been declared unsafe

because of falling slabs. It has been considering

increasing the floor space index (FSI) from 1.5

to 2.5 for such buildings to make redevelopment

feasible.

WHEN: Sunday, 21 July 2013, 9 am to 6 pm.WHERE: All India Institute of Local Self-

Government Hall, Juhu Gally, Andheri West.

· In the early '80s, cement was a scarce

commodity being rationed, black-marketed

and adulterated. Politicos and babus hadquotas to allocate cement. Quality control was

absent. Many buildings of that era have too much

sand or expired cement.

· Poor regulation of building industry. The

quality of buildings is often determined by

extraneous factors such as amount of finance

available to builders. High interest cost of

market-borrowings force builders to complete

projects in record times, without allowing

proper curing of concrete columns, beams and

slabs.

· Unauthorized structural modifications. In

thousands of buildings, the flats on the ground

floor, first floor and second floor are joined

together as restaurants, party halls, vehicle

showroom, etc. Such structural changes are

usually in blatant violation of building codes, DC

Regulations etc. Such violations are usually done

with the connivance of the builder or the

landlord, and also municipal corporation

officials which issues notices, but does nothing

else. Such buildings often fail to get Occupation

Certificate (OC) from the municipal corporation.In Mumbai, as many as 40% completed

buildings – which are fully occupied and many

years or decades old -- have no OC.

· Solutions to these problems. Various

administrative, legislative, social, economic,

mechanical and practical solutions that may be

considered for specific buildings, or on a wider

scale.

REGISTRATION FEES – Rs 1,900/- per head.

DISCOUNTS:1. Two or more members attending from the

same society – Rs 1,500/- per head,

2. Housewives and Retired Persons -- Rs

1,300/- per head

Fees are inclusive of lunch, tea and snacks &

printed material. To register, contact Mr

Vishal Bamne on 9823911027 or 022-

42551414, or email [email protected].




1. Ultra Sonic Pulse Velocity for Concrete strength, uniformity, crack depth etc

2. Rebound Hammer test for concrete strength.

3. Moisture Testing instrument for leakage/seepage detection

Specialist in as follows with 10 years experience & done more than 150 bldgs structural audits

a) STRUCTURAL AUDIT BY NDT & DETAIL SURVEY

b) PROJECT MANAGEMENT CONSULTANTS for Redevelopment of existing society building i.e Feasibility Report,

Tender Making, Selection of Developer ,Quality control of site up to possession.

c) Repairs &Restoration with advance technology of polymer treatment and 5 to 10 years warranty for repair &

waterproofing etc.

d) Liasoning with BMC & other Govt dept etc

Contact : ARVIND U .SINGH (BMC Registered Structural Engineer licence no:STR/229/S )

OFFICE : Gandhi Nagar Samadhan CHSL., Bldg no 45, Room no 2233, next to Mhada office,

Bandra East , Mumbai - 51. .Tel-022-65210232, 65345001, Mob:9820993481

Email:[email protected]

For more details : www.arvindsinghconsultants.com

ARVIND SINGH CONSULTANTSCONSULTING STRUCTURAL ENGINEER, ARCHITECT & PROJECT MANAGEMENT CONSULTANT.

WITH OWN NDT EQUIPMENTS

NON DESTRUCTIVE TESTING. (NDT)

REPAIRING(23 YEARS EXPERIENCE )

REDEVELOPMENT(18 YEARS EXPERIENCE AS PMC )

Ÿ Structural Audit as per BMC norms.

Ÿ DetailedCost estimate.

Ÿ PreparingTender documents.

Ÿ Guiding Society in selection of contractor.

Ÿ Day to day supervision.

Ÿ Certification of bills.

Ÿ Stability Certificate.

OTHER SERVICES

Ÿ Installation of lift.

Ÿ Stack car parking.

Ÿ Deemed ConveyanceŸ Verifying property document.Ÿ Feasibility report.Ÿ Preparing and floating tender.Ÿ Guiding society's solicitor in preparing legal

documents.Ÿ Guiding society in selecting good builder.Ÿ Guiding society for amenities, add area,

corpous fund etc.Ÿ Verifying various permission like IOD, CC etc.

before vacating the plot.Ÿ Strict supervision to monitor quality ofconstruction.

Ÿ Scrutinsing all property paper before handover to society.

H.O.:- 4, 1st floor, Chandrakant Apt., Opp. Hanuman Mandir, Shreyas Colony, Goregaon (E), Mumbai - 63.,Tel Nos.:- 9322255108, 9930344006, 9930999312, 29272735 / 29272382, E-mail :- [email protected]




WORKSHOP ON NEW CHS LAWS & MODEL BYE-LAWSnew era of co-operation has begun, with

p r o f essi o n al i sm an d law-ab i d i n gAfunctioning, from Accounting Year 2013-

14. It is upto us to study and adopt the legal changes

brought into the co-operative sector. By doing so,we can reap many benefits of harmonious living

and orderly functioning. But if we neglect this

responsibility, the managing committee can be

disqualified for many years, and also penalized.

The cooperative housing society may pay the price

because of a leadership vacuum created by their

disqualfication.

Remember, knowledge is power. Also, ignorance

may be bliss, but when the time comes for

punishment, ignorance of the law is not an excuse!Some changes are expected in the amended

Maharashtra Co-operative Societies Act to be

tabled before legislature in July. But MCS Act stands

amended already, and new model bye-laws have

been issued for adoption. Therefore, it is crucial to

prepare for the changed scenario.

MSWA's latest full-day workshop, held on

Sunday, 23rd June, was conducted by trainers

Krishnaraj Rao, Ashok Dhingreja & CA Ramesh

Prabhu at All Indian Institute of Local Self-Government, Andheri. The 57 paid participants

at this workshop expressed their appreciation and

full satisfaction. The workshops on this topic are

being held every month since April, and attracting

increasing amounts of interest and participation

from members.

THDATE & TIME OF NEXT WORKSHOP: Sunday, 4

August 2013, 9.00 am to 6.00 pm.

VENUE: All India Institute of Local Self –Government Hall, C. D. Burfiwala Lane, Juhu lane,nd

Andheri (W), Mum–58. (Conference Hall- 2 Floor)

WHO MUST ATTEND?

· Managing committee members of Housing

Societies, as they will be required to make

adjustments in their style of working due to

sweeping changes in Maharashtra Co-

operative Societies (MCS) Act, 1960 and New

Model Bye-laws. Elections must be notified

well in advance and held under supervision of

the newly constituted State Co-operativesElection Authority. Statutory returns need to

be filed to the Registrar, failing which the

managing committee will be disqualified and

debarred.

· Society members with grievances, as they

can get speedy relief owing to extension of

Right to Information to co-operative societies,

and also Grievance Redressal and Dispute

Resolution Committee to be appointed. But

first, they will have to understand their new

rights and duties!· Ordinary members & associate members,

who are required to actively participate in the

society's affairs, failing which they may forfeit

various rights and privileges.

· Women who are owners or joint owners of

flats, or associate members, who will enjoy

two reserved seats on the managing

committees, as against one formerly. But they

must earn the respect of the men on the

managing committee by getting thorough

knowledge of the various aspects of running a

housing society.· Members of scheduled castes, scheduled

tribes, etc., who will get three reserved seats –

enabling active participation in their society's

governance.

· Chartered Accountants, Advocates, Tax

Practitioners, Society Managers and other

professionals, who will play an expanded role

in housing societies. They will have fresh

avenues for earning by rendering new service,

but they must understand their statutory

responsibilities and legal liabilities, and alsoguide the office-bearers. Professionals must

have a thorough grip of new laws and rules.

REGISTRATION FEES – Rs 1,900/- per head.

DISCOUNTS:

(I) Two or more members attending from

the same society – Rs 1,500/- per head




A R C

H I T E C T S

S T R U C

T U RA L E

N G I N E E

R S

R E PA I R S

& R E S T

O RA T I O N

R E D E V

E L O P M E

N T

P R O J E C

T MA NA G

E M E N T C

O N S U L T

A N T S

Mr. Anup D. Gupta – 98211 78321 Direct. Office Tel - 26734133 / 26730455 / 2635 4386 / 26344950 / 9221020869

Crystal Plaza 706 – 707 A wing, Opp. Infiniti Mall, Link Road, Andheri (W), Mumbai - 400 053.Email – [email protected] , [email protected] website - www.rexgroup.in

REX CON COR Consultants Pvt. Ltd.

Architects – Civil / Structural Engineer - Legal Advisor

( Practical – PROJECT MANAGEMENT CONSULTANTS )Your Redevelopment project requires effective management / guideOn Practical / Social / Technical / Legal / Financial grounds to be successful.

( Only 25% are successful but 75% Or 7000 societies are facing various issues & stuck. )

RE –DEVELOPMENT ( F.S.I / T.D.R) : Plot & Title Survey / Documentation, Application of

related govt. norms, Feasibility Report / Market Study,

Informative / Multilevel Tendering Process, Selection of

competent builder by society, Schematic / Elaborated

Project Planning, Techno – Legal documentation,

planning & approvals, Scrutiny / Supervision & Quality

Control, Applicatory safety & Completion Assurance

STRUCTURAL AUDIT/ BUILDING REPAIRS :

Details survey / Audit,

Non-Destructive Test / Chemical Test,

Remedies with Estimation,

Tendering process, Selection of Competent Contractor,

Techno – Legal documentation, Supervision – Quality &

Quantity Control,Bill check & Certification,

Performance /work guarantee. Etc.Follow Contract Re- Development to earn 50% + more than any builders offer.

Guide book Society Re- development & Repair & Maintenance at wheeler book shop at Rly. Stn.Licensed / empanelled with –BMC – MHADA – COURTS – BANKS – Govt. of Gujrat & Mah.

Consultants For more than 1700 Housing / Commercial / industrial Units since last 17 Years..



MSWA’s Housing Societies Review 34 2013July

(ii) Housewives and Retired Persons -- Rs

1,300/- per head

(iii) PLUS EARLY-BIRD DISCOUNT: 10%

discount on applicable fees for above-

mentioned fees if you register on or before

21st July.

Fees are inclusive of lunch, tea and snacks &

printed notes i.e. gist of MCS Act & Bye-laws, plus

copy of Amended MCS Act & Bye-laws on CD.

FACULTY: Well-known experts & activists on co-

operative housing societies, retired officers of co-

operation department, including CA Ramesh

Prabhu, Krishnaraj Rao and Ashok Dhingreja.

To register, contact Mr Vishal Bamane on9823911027 or 42551414, or email on

[email protected].

TOPICS TO BE COVERED:

· Historical background of co-operative

movement, land owners' societies & housing

societiesth

· Objectives & scope of 97 Amendment

· The meaning of High Court judgments on PILth

challenging 97 Amendment

· MCS (Amendment) Ordinance 2013

· New features of amended MCS Act 1960,

their Impacts on housing societies

· New model bye-laws for CHS, highlights &

impacts

· Latest circulars of Cooperation Department

· Requirement for submitting information /

annual returns to Cooperation Department

· Positive & negative effects of the recent

amendments on various stakeholders· Further changes in MCS Act in near future --

What is needed, what is likely scenario

· Members' rights & responsibilities -- active

members, associate members, nominal

members, etc.

· Managing committee & office-bearers duties

& responsibilities

· Audit, AGM, Election Authority& Election

Rules, f i l ing of Annual Returns &

consequences of non-compliance

· Seat Reservations for Women, SC/ST/OBC

etc. – how to implement

· How to set up Grievance Redressal & Dispute

Resolution Committee, and how it will

function

· Forums of redressal for various disputes &

grievances outlined in Model Bye-laws e.g.

police, consumer court, co-operative court,

civil court, office of dy. Registrar – Theory &

Practical Realities

· Importance of people's participation, how &

where to make representations, how to

create a public campaign to inform, educate

& participate

Warm Regards,

Krish

9821588114

[email protected]



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Documents

Mswa's Review July - 2013