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MSWAs Housing Societies Review 03 April 2013

Dear Members, Every Co-operative Housing Societies will have to adopt new Model Bye-laws approved by the Commissioner for Co-operation and Registrar of Co-operative Societies incorporating changes made as per 97th Constitutional amendment and RAMESH PRABHU Chairman, MSWA also Maharashtra Co-operative Societies (Amendment) Ordinance, 2013. In this budget session, the amendment done to MCS Act, 1960 through ordinance is expected to get the approval of Legislative members and councils.

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

In order to help the member societies, your association has taken a MANAGING EDITORS 9890187344 decision to facilitate Free adoption of New Model Bye-laws for Mr. V. Viswanathan members Societies by conducting special camp from 15th April to st 31 May, 2013 at the Association office. The societies willing to take part in the camp are requested to enroll their name and obtain a free Model Bye-law Adoption token by calling association office on 42551414 between 10am to 6pm. During the Fee Adoption of New Bye-laws camp, the member societies are requested to purchase four copies of Model Bye-laws along with the necessary forms for adoption. The cost of adoption form is Rs.20/- and cost of each bye-laws will be Rs.40/-. The copy of notice, copy of resolution to be passed is available for Rs.20/-. The total stationery expenses will be Rs.200/-. The societies should fill up the forms, resolutions and submit to the Association office at the earliest. The association will get the same submitted to the respective Registrar office, who shall get the same approved without any additional cost. Once, the same is approved and received by the association, the applicant society will be informed to collect the duly approved Byelaws. This facility will be available for Greater Mumbai area and other places, free consultation will be provided for adoption by our public relation officers. Continue .... Page No 08 CONTENT Special Drive on Deemed Conveyance - CM
For General Housing Society related queries, Contact MSWA office at Tel.: 022-42551414 E-mail : mswa.hsg@gmail.com
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

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Flat Owners must pay more for late Registration Transfer of Flat by Will & Nomination Nominees to be Treated as Trustees and No Sale Rights of Associate Members to Contest Election......

MSWAs Housing Societies Review 04 April 2013

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MSWAs Housing Societies Review 05 April 2013

Sub: Special Drive for Deemed Conveyance


The Maharashtra Ownership Flats Act, 1983, provides for Conveyance of the Titles of the land by the developers to the CO-operative Housing Societies within four months of their formation. At present, the Co-operative Housing Societies have to depend fully upon the developers for getting the benefits of additional FSI, redevelopment of buildings, etc. till conveyance of the land to them. The State Government has decided to undertake a special drive from 15th December, 2012 to 30th June, 2013 with a view to confer upon the Co-operative Housing Societies the legal right of land from the developers. You have to apply in the prescribed pro-forma for Deemed Conveyance to the office of the concerned District Deputy Registrar, Co-operative Societies and Competent Authority of your area. He would pass appropriate orders after due hearing to all interested parties and issue conveyance certificate. Once a Co-operative Society submits the certificate regarding Deemed Conveyance for registration with the respective Sub-Registrar (Stamps), necessary action would be taken for registration of the certificate of conveyance. Upon registration of the conveyance you have to approach concerned Revenue / City Survey Officer to make a mutation entry and issue property card in the name of Housing Society. It is my sincere endeavor to see that the ownership title of the land to all the Co-operative Housing Societies in Maharashtra in conferred as a part of this special drive. 'The building belongs to the Society; so does the land under the building'. Therefore, I appeal to all Co-operative Housing Societies to actively participate in this special drive and make it a grand success. The Government Resolutions and Circulars relating to Deemed Conveyance are available on State Government's website http://housing.maharashtra.gov.in. Yours Sincerely,

(Prithviraj Chavan)
MSWAs Housing Societies Review 06 April 2013

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MSWAs Housing Societies Review 07 April 2013

Flat owners must pay more for late registration: Govt


Rajshri Mehta TNN Mumbai: Flat owners who have paid stamp duty but are yet to register their properties will have to pay an additional amount based on current rates. State finance minister Ajit Pawar outlined the proposal in his budget speech on March 2 0 , s ay i n g t h e g ove r n m e n t planned to amend article 25 of the Bombay Stamp Act (BSA) that prescribes the stamp duty payable on a conveyance (transfer of property).

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comes up for conveyance later ,the duty paid earlier would be taken into account, said Ramesh Prabhu, chairman, Maharashtra Societies Welfare Association. Since stamp duty rates have increased in recent years, this resolution gave relief to a lot of housing societies in getting deemed conveyance of property. What is the rationale of demanding additional stamp duty to convey flats in the names of people who have already paid the duty

Property experts have slammed the proposal, saying it amounts to double taxation. It will also hamper the chief ministers drive to boost deemed conveyance (in-principal approval of property transfer) in favour of housing societies. The proposal contravenes a resolution issued by the state revenue department on April 12,2012. The resolution says that if an agreement is not registered after the payment of stamp duty and Continue .... Page No. 04 The comparative study of old and new bye-laws is published by your association. Any person interested to purchase the same can contact the association office. Any Local NGO/ Federation interested in conducting the seminars to understand the latest changes done in the MCS Act, 1960 and the New Model Bye-laws can contact the association office and your association will be free to depute the faculties to address the participants free of cost. Few articles with respect to changes that may affect working in Co-operative Housing Society is given in this issue.

The proposal is also contrary to a Bombay high court order of 2002 that says an agreement for sale by itself does not create any interest or charge on the property and so it is not compulsory to register the property; a charge or interest is created only when the individual gets possession of the property (Nagin P Desai vs Tara A Sheth; bench of Justices S Radhikrishnan and D G Karnik). Source : Times of India, Dated 01/04/2013 The societies who have not availed the benefit of deemed conveyance to get their land and building in the name of their society are requested to take the benefit of the same during the special drive initiated by Hon'ble Shri. Prithviraj Chavan, Chief Minister of Maharashtra upto 30th June, 2013. You are requested to contact the association office for any clarification in this regard to avail the benefit and become the land owner which will facilitate the redevelopment of your building and enjoy the benefit of additional FSI and TDR and also free and marketable title of your land and building. With Best Regards CA. Ramesh Prabhu, Chairman, MSWA

MSWAs Housing Societies Review 08 April 2013

MSWAs Housing Societies Review 09 April 2013

Transfer of Flat by WILL and Nomination


Will and Succession Certificate:Effect of Nomination: The object of providing for a nomination appears to be to make the task easier for the society. If a nomination is made the society will act on the nomination immediately on death of a member and transfer the share or interest to the nominee. But otherwise a nomination has no legal effect and it cannot deprive the heir or legatee of his right to such share or interest of a deceased member. The nomination cannot over ride the general law of succession. It has been held that even if a person is nominated or even if a person is recognized as an heir or legal representative of a deceased member the rights of the person who are entitled to the estate or the interest of a deceased member by virtue of the law governing succession are not lost and the nominee or the heirs or legal representative recognized by the society as the case may beholds the shares or interest of the deceased for disposal of the same in accordance with law. The society has transferred the shares to the registered nominee of the deceased member is as per the provisions of the Law. Therefore the society should now wait for appropriate Court Order to transfer the change of the ownership right or the shares of the deceased member of the above mentioned flat. However the society should not issue NOC for sale, mortgage, transfer or change of ownership of the above mentioned flat to the present member of the society. Succession:-The rights and obligations of the deceased person get transferred to the living person under the process of succession. They pass to some person, whom the dead person or the law on his behalf, has appointed to represent him in the world of living. Succession depends on: (a) The law applicable to the deceased at the time of his/her death (b) The machinery of succession, whether (I) Testamentary under Will of the deceased, or (ii) Intestate in the absence of valid Will, or (iii) Operation of law, by nomination, transmission, The nature of property or rights and obligations held by the deceased at the time of death. Adv. Rajlaxmi Pujary Person dying intestate: - If person dies without making a 'Will', he is said to have died intestate and in such case his property Will be inherited by his heirs in accordance with law of succession and in case a person dies leaving behind Will his property shall be distributed as per the terms of 'Will' which is known as Testamentary Succession. In other words Testamentary Succession means succession to a property of the deceased in accordance with the provisions in the last Will and Codicil of the deceased. Will:1) Will' means a legal declaration of the intention of a testator with respect to his property, which he desires to be carried into effect after his death Section 2(h) of Indian Succession Act, 1925. 'Will' as including Codicil and every writing making a voluntary posthumous disposition of property Section 3(64) of General Clauses Act, 1987. 2) Codicil' means an instrument made in relation to Will and explaining, altering or adding to its dispositions and is deemed to form part of the Will Section 2(d) of Indian Succession Act, 1925. 3) Essential Characteristics of Will are:

(a) The document must be in accordance with the requirements laid down under section 63 of Indian Succession Act, 1925; i.e., executed by a person competent to make Will and attested as required under the Act. (b) The declaration should relate to the

MSWAs Housing Societies Review 10 April 2013

MSWAs Housing Societies Review 11 April 2013

properties of the testator, which he wishes to bequeath. (c) The declaration must be to the effect that it operates after the death of Testator and is revocable during his life time. (d) After the Indian Succession Act, 1925, Wills (except made by Mohammedans) should be made in writing. Probate:- Probate is a certificate granted under the seal of Competent Court, certifying the Will as the Will of the testator and granting the administration of the estate of the deceased in accordance with that Will to the executor named under the Will. No right as executor or legatee can be established in any Court of justice, unless a court of competent jurisdiction has granted probate of the Will under which the right is claimed, or has granted letters or administration with the Will or with the copy of an authenticated copy of the Will annexed. As per Section 213 of Indian Succession Act, probate is necessary: (a) To all wills codicils made by any Hindu, Buddhist, Sikh or Jain, on or after 1-9-1870, within the territories of the Lieutenant-Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay (Section 57); (b) To all such Wills and codicils made outside those territories and limits so far as they relate to immovable property situate within those territories or limits (Section 57);

Letters of Administration A letter of administration can be obtained from the Court of competent jurisdiction in cases where the testator has failed to appoint an executor under a Will or where the executor appointed under a Will refuses to act or where he has died before or after proving the Will but before administration of the estate. Letters of Administration are not always necessary in cases of intestacy of Hindus, Mohammedans, Buddhists, Sikhs, Jains, Indian Christians or Parsis. Letter of Administration are always necessary where a person (governed by the Indian Succession Act) dies intestate. Succession Certificate : In case, where grant of Probate or Letters of Administration( only if immovable property is involved) is not compulsory, Succession Certificate can be granted by the Court with respect to any 'debt' or 'security' to which a right is required to be established by Letters of Administration or Probate and for this purpose 'security' means Government Securities, shares, stocks and debentures in companies and incorporated institutions, debentures or securities issued by or on behalf of local authorities and any other security which the State Government may notify. Release Deed duly registered by all other legal heirs: If the nominee or the legal heirs find it difficult to bring any letter of administration, succession certificate or probate, if there is WILL, at least the societies should insist on Released deed to be executed and registered in favour of the nominee or a particular legal heirs to admit such legal heirs as the proper owner.

Service to the society is the rent we pay. Right to criticize, only if you get involved.
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 peopleTalkers 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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MSWAs Housing Societies Review 12 April 2013

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MSWAs Housing Societies Review 13 April 2013

NOMINEES TO BE TREATED AS TRUSTEES AND NO SALE, TRANSFER OR MORTGAGE BY NOMINEE WILL BE PERMITTED
The membership in a Housing society is governed by Maharashtra Co-operative Societies Act, 1960, MCS Rules, 1961 and the Registered Bye-laws of the society. The ownership of the flat in a Housing society is governed by Transfer of Property Act, 1882. The inheritance of immovable property is governed by the personal law of succession applicable to deceased member of the Co-operative Housing Society. Thus the law governing the ownership of the flats, inheritance thereof after the death of the member and the law governing membership in a co-operative Housing societies are all governed by different laws. As per the Model Bye-laws, a person who is owing a flat( or shops, Galas or office etc) in a co-operative society can only become the member of the society and the person jointly holding a flat may or may not apply for the membership of society. If such joint owner of the flat applies for membership, such joint owner will be treated as associate member. Many cases, even the flat owners do not apply for membership as the membership in a co-operative Housing society is voluntary. However payment of dues for various services availed by such flat owners is to co-operative society is compulsory. As per section 30 of the MCS Act, 1960, the society is legally obliged and duty bound to transfer the membership in favour of the nominees or to the legal heirs. The Nomination is meant to provide for interregnum between the death and the full administration of the estate and not for the purpose of conferring any permanent right on such a person to a property forming part of the estate of the deceased. Scheme of section 30 is to provide for proper discharge to the society without involving the society into unnecessary litigation which may take place as a result of dispute between the legal heirs, or uncertainty as to who are the legal heirs or representatives. New Model Bye-laws -By Adv. Rupali Kamble approved by the Commissioner for Co-operation and Registrar of Co-operative Societies after incorporating the changes made as per 97th Constitutional Amendment and MCS (Amendment) Ordinance 2013 in Bye-law No. 34 has provided regarding the rights and duties of nominees on the death of the member is provided as under: Subject to the provisions of the Section 30 of Maharashtra Co-operative Societies Act, 1960 Act. 1960 bye-law No. 17A or 19, on the Death of a member, the society shall transfer the shares and interest of the deceased member in the Capital / Property of the society to the Nominee/Nominees and in proportion with the shares and interest held by the deceased member, in case property is purchased by member and associate member jointly. In the event of death of the member, Nominee/ Nominees shall submit the Application for membership, within six months from the death of a member. If there are more than one Nominee, on the death of a member, such Nominees shall make Joint Application to the Society and indicate the name of the Nominee who should be enrolled as member. The other nominees shall be enrolled as Joint/Associate Members unless the nominees indicate otherwise. The nominees shall also tile an Indemnity Bond in the prescribed form indemnifying the society against any claims made to the shares and interest of the deceased member in the Capital/Property of the society by any of them, in case only one nominee is indicated by the Nominees for membership of the society. Note:- In case of acquiring membership on the basis of nomination, such member shall hold the flat/unit in 'Trust' till all the Heirs are brought on record and shall not have the right to ownership and shall not create the third party interest.

MSWAs Housing Societies Review 14 April 2013

MSWAs Housing Societies Review 15 April 2013

Thus, one can understand that the nominees do not become the absolute owners of the property rather they will be only Trustees. Even, if nominee is admitted as the member of the society on the basis of nomination, such nominee member need to bring legal heirs on record or get the release deed executed and registered from all the legal heirs in favour of the nominee or the legal heirs who should inherit the property/ flat.

Unless and until, the ownership flat is not properly inherited by the personal law of the deceased member or by releasing such rights of the legal heirs in the name of the intended members, the nominee though becomes member cannot sell or transfer or create any third party interest like mortgage etc in respect of such flats.

Rights of Associate members to contest election due to introduction of Active member


97th Constitutional amendment Article 243ZI provides that Subject to the provisions of this Part, the Legislature of a State may, by law, make provisions with respect to the incorporation, regulation and winding up of co-operative societies based on the principles of voluntary formation, democratic member-control, member-economic participation and autonomous functioning According to this provision only members having economic participation can be allowed to take part in the functioning of the society. Let us understand the definition of member as provided in MCS Act, 1960. Section 2(19) provides for definition of member which is as under: 2(19) (a) "member" means a person joining in an application for the registration of a Co-operative society which is subsequently registered, or a person duly admitted to membership of a society after registration and includes a nominal, or associate member and any depositor or financial service user of primary agricultural co-operative credit society. (a-1) 'Active member" means one who participates in the affairs of the society and utilizes the minimum level of services and products of that society as may be specified in the bye-laws. (b) 'Associate member means a member who holds jointly a share of a society with others, but whose name does not stand first in the share certificate; (c) "Nominal member" means a person admitted to membership as such after registration in accordance with the bye-laws In order to provide active members to take part in the Mr. Naresh Pai functioning of the society, Model Bye-laws provided the definition of active member as under: Model Bye Law No. 22(B) provides that A member shall be called as 'Active Member' if:a. He has purchased and owns the Flat / Unit in the Society. b. He has attended at least One General Body Meeting within a consecutive period of Five years. c. He has at least paid the amount equivalent to one year of society Maintenance and Service charges, within a consecutive period of Five years New Model Bye-laws No. 3(xxiv)(b) provides "Associate Member" means a member who holds jointly a share of a society with others, but whose name does not stand first in the share certificate. Further Bye-law No. 19(B) provides An individual, a firm, a company or a body corporate registered under any law for the time being in force, associate who/which is eligible to be an associate member and membership of who/which has made an application in the prescribed the society form for such membership, along with the entrance fee of Rs. 100/-, may be admitted as such member by the Committee.

MSWAs Housing Societies Review 16 April 2013

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MSWAs Housing Societies Review 17 April 2013

Thus, the Model Bye-laws has not prescribed the eligibility criteria to become an associate member like having the joint name in the agreement to purchase the flat or have contributed jointly at the time of becoming the members towards the cost of the flat. This implies that any member can make any other person of his choice as an associate member by paying an entrance fees of Rs.100/-. This may not be the intention of the legislation to provide the associate member. The actual intention could be when two or more persons purchase the property in a CHS, the joint owner also should get the membership of the society as associate member. However, such restriction is not provided in the New Model Bye-laws. Therefore, even, if one is not owning the flat or does not have any interest in the flat, can become the associate member by paying only an entrance fees of Rs.100/Rights of Associate member to vote and contest in the election: Section 27(2) provides that Where a share of a society is held jointly by more than one person, the person, whose name stands first in the share certificate, if present, shall have the right to vote. But in his absence the person whose name stands second, and in the absence of both, the person whose name stands next, and likewise, in the absence of the preceding persons the person whose name is next on the share certificate, who is present and who is not a minor, shall have the right to vote. New Model Bye Law No. 22(A) says, A member shall be entitled to exercise such rights as provided in the Act, Rules and bye-laws. As per the definition given in the Act and Bye-laws, member includes an associate member, therefore, an associate member gets the right to vote. Further as per Model Bye Law No. 25 No Associate member shall have any rights or privileges of an Active member except as provided under Section 27(2) of the Act. Further as per Bye-law No. 118. No person shall be eligible for being elected as a member of the Committee or co-opted on it, if (I) he has been convicted of the offence, involving moral turpitude, unless the period of six years has elapsed since his conviction,

(ii) he defaults the payment of dues to the society, within three months from the date of service of notice in writing, served either by hand delivery or by registered post, demanding the payment of dues. (iii) he has been held responsible under Section 79 or 88 of the Act or has been held responsible for the payment of the costs of enquiry under Section 85 of the Act. (iv) In case of an associate member, nonsubmission of the no-objection certificate and undertaking, as prescribed under these bye-laws, by the member. (v) he is not an Active member Impact of the above changes regarding the rights of Associate members who is not having interest in the flat: According to the provisions made in the Act and Model bye-laws only active member is entitled to contest the election. An associate member to become active, he need to contribute towards the purchaser of flat or cost of the flat. By simply contributing Rs.100/- as entrance fees will get rights to vote but does not get rights to contest the election. Now the question asked by many is that an associate member contest through an Active Member by taking necessary NOC from active member, therefore, depriving an associate member who has not contributed towards the cost of flat is stated to be illegal. As per the changes made in the Act, only Active member can contest the election and not an associate member who does not fulfill the conditions to become an active member. The above intention of the legislation has been confirmed by the Housing Manual issued by the Cooperative Department under section 79A of the MCS Act, 1960 in which, it has been confirmed that the associate member who has a right in the property can only become the committee member or contest the election and an associate member who has paid only entrance fees of Rs.100/- can attend the meeting and vote in any of the resolution including the election but can not contest the election.

MSWAs Housing Societies Review 18 April 2013

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MSWAs Housing Societies Review 19 April 2013

Concept of active and non active member and their rights and duties.
Introduction of Concept of Active members. Conscious effort is being made to prevent nonserious members from participating in voting and decision-making, so that active members can exert greater influence. Only Active members can vote in the affairs of the society including contesting the election or to co-opt in the managing Committee. 97 Constitutional amendment as per Article 243ZI of the Constitution says, Subject to the provisions of this Part, the Legislature of a State may, by law, make provisions with respect to the incorporation, regulation and winding up of cooperative societies based on the principles of voluntary formation, democratic member-control, member-economic participation and autonomous functioning. And further Article 243 ZO(2) provides The Legislature of a State may, by law, make provisions to ensure the participation of members in the management of the co-operative society providing minimum requirement of attending meetings by the members and utilizing the minimum level of services as may be provided in such law Considering the above provision, the MCS Act. 1960 has been amended as under: Section 2(19) (a-1) regarding active member concept was introduced in the Amended MCS Act, 1960. As per said section 2(19(a-1) an 'Active member" means one who participates in the affairs of the cooperative society and utilizes the minimum level of services or products of that society as may be prescribed in the bye-laws. Thereafter, the Model Bye laws further clarified about the active member. Bye-law No. 3(xxiv) (a) defined an "Active member" means a person: 1) 2) Who has purchased and/or owns the F|at / Unit in the Society. Who attends at least one General Body Meeting of the Society in the previous Five consecutive Years?
th

3)

He has at least paid the amount equivalent to one Year of society Maintenance and Service charges, within a consecutive period of Five years.
Shri. G. G. Shanbhag

The above changes are expected to create more confusion and divide amongst the active and non active members. The Constitution has provided to make a Co-operative enterprise a member centric who take active part in the activities of the society whether it is economic contribution or taking part in the General body of the society. In a Housing Society, once a flat is purchased or contributed towards the cost of the flat, economic participation of the member is done. However, to continue the active participation, it is provided to attend General Body meeting and also contribute towards maintenance and service charges. This may lead to new disputes and division amongst the members. 1. Voting Rights restricted to only Active Members : A) As per Section 26(1) A member shall be entitled to exercise such rights as provided in the Act, Rules and Bye-laws Provided that, no member shall exercise the rights, until he has made such payment to the society in respect of membership, or acquired such interest in the society, as may be prescribed and specified under the bye-laws of the society, from time to time: Provided further that, in case of increase in minimum contribution of member in share capital to exercise right of membership, the society shall give a due notice of demand to the members and give reasonable period to comply with. (2) It shall be the duty of every member of a society

MSWAs Housing Societies Review 20 April 2013

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MSWAs Housing Societies Review 21 April 2013

(a) (b)

To attend at least one general body meeting within a consecutive period of five years, To utilize minimum level of services at least once in a period of five consecutive years as specified in the bye-laws of the society:

give a due notice of demand to the members and give reasonable period to comply with. Model Bye Law No. 22(B) provides that A member shall be called as 'Active Member' if:a. b. He has purchased and owns the Flat / Unit in the Society. He has attended at least One General Body Meeting within a consecutive period of Five years. He has at least paid the amount equivalent to one year of society Maintenance and Service charges, within a consecutive period of Five years.

In line with above amendment in the MCS Act, the Model Bye-laws No. 22. (A) provides that A member shall be entitled to exercise such rights as provided in the Act, Rules and bye-laws. Provided that no member shall exercise the rights of member of a society, until he has made such payment to the society in respect of 10 shares of Rs. 50/- each along with the entrance fee of Rs. 100/-, to the society in respect of membership, or acquired such interest in the society. Provided further that, in case of increase in minimum contribution of member in share capital to exercise right of membership, the society shall

c.

A member who is not an 'Active Member' shall be the 'non-Active Member. As explained above, it may lead to new disputes and division amongst the members rather than making any positive impact in the co-operative Housing Societies.

Functions of Annual General Body as per amended section 75 of MCS Act, 1960.
Annual General Body Meeting (1) Every society shall, within a period of six months after the close of the financial year, to transact its business as may be provided in this Act, call the annual general body meeting of all its members: Provided that, where such meeting is not called by the society, the Registrar or any officer authorized by him may call such meeting in the manner prescribed and that meeting shall be deemed to be a general body meeting duly called by the society. (2) At every general body meeting of a society, the committee shall lay before the society,(I) a statement showing the details of the loans (if any) given to any members of the committee, or any member of the family of any committee member including a society or firm or company of which such member or members of his family is a member, partner or director, as the case may be; (ii) The details of repayment of loan made during the preceding year and the amount outstanding and overdue at the end of that year; annual report of its activities; (iii) (iv) (v) (vi) (vii) (viii) (ix) Plan for disposal of surplus; List of amendments of the bye-laws of the society, if any; Declaration regarding date and conduct of its election of its committee, when due; Audit report of the preceding financial year; Rectification report of earlier audit; Annual budget for next year; Any other information required by the Registrar in pursuance of any of the provisions of the Act and Rules, and;

CA. Vishal Gala

MSWAs Housing Societies Review 22 April 2013

MSWAs Housing Societies Review 23 April 2013

(x)

Such other business will be transacted as may be laid down in the bye-laws, and of which due notice has been given.

Explanation I.- For the purposes of this subsection, the expression family means a wife, husband, father, mother, brother, sister, son, daughter, son-in-law, or daughter-in-law; Explanation II.- In the case of a society not carrying on business for profit, an audited income and expenditure account shall be placed before the society at the annual general body meeting instead of audited profit and loss account, and all references to audited profit and loss account, and to profit or loss in this Act, shall be construed in relation to such societies as references respectively to the excess income over expenditure and excess of expenditure over income. (2A) Every society shall, appoint an auditor or auditing firm from a panel approved by the State Government in this behalf in its annual general body meeting having such minimum qualifications and experience as laid down in Section 81 of the Act, for the current financial year and shall also file in the form of return to the Registrar, the name of the auditor appointed and his written consent for auditing the accounts of the society within a period of thirty days from the date of Annual General Body Meeting.

dining the year for which the accounts are made up, in the nature of the society's business. The committee's report shall be signed by its Chairman or any other member authorised to sign on behalf of the committee. (4) At every annual general meeting, the audited balance sheet, the audited profit and loss account, audit report of the preceding financial year submitted by the auditor appointed under section 81, rectification report of earlier audit, and the committee's report shall be placed for adoption and such other business will be transacted as may be laid down in the byelaws, and of which due notice has been given. If default is made, in calling a general body meeting within the period, prescribed under sub-section (1), or in complying with sub-section (2), (2A), (3) or (4}, the Registrar may by order declare any office or member of the committee whose duty it was to call such a meeting or comply with sub-section (2), (2A), (3) or {4) and who without reasonable excuse failed to comply with any of the aforesaid sub-sections disqualified for being elected and for being any officer or member of the committee for such period not exceeding five years, as he may specify in such an order and if the officer is a servant of the society, impose a penalty on him to pay an amount not exceeding five thousand rupees.

(5)

Provided that, the same auditor shall not be appointed for more than three consecutive years by the Annual General Body Meeting of the same society. (3) There shall be attached to every balance sheet laid before the society, in general meeting, a report by its committee, With respect to (a) the state of the society's affairs; (b) the amounts, if any, which it proposes to carry to any reserve either in such balance sheet or any specific balance sheet; and (c) the amounts if any, which it recommends, should be paid by way of dividend, bonus, or honoraria to honorary workers. The committee's report shall also deal with any changes which have occurred

Before making an order under this sub-section, the Registrar shall give, or cause to be given, a reasonable opportunity to the person concerned of showing cause against the action proposed to be taken in regard to him. (6) Any penalty imposed under sub-section (5) or under [section 76], may be recovered in the manner provided by the [Code of Criminal Procedure, 1973], for the recovery of fines imposed by a Magistrate, as if such fine was imposed by the Magistrate himself.

MSWAs Housing Societies Review 24 April 2013

MSWAs Housing Societies Review 25 April 2013

Appoint professionals as per the notification


CA. Ramesh S. Prabhu,
Chairman, MSWA
Which are the professionals involved in redevelopment and what are their roles? In the case of redevelopment of housing society, appointment of Project Management Consultant (PMC) or an architect is mandatory as per government notification of January 3, 2009. PMC is a team of professionals such as architect, structural engineers, advocates, chartered accountants and society consultant to guide and manage the entire redevelopment of housing societies. As per the notification, the PMC should be approved from the government panel. In other words, the professionals involved as a project management consultant should have approved licenses under their respective field of profession. For example, architect should be a member of Council of Architecture, advocates having a registration with Bar Council of Maharashtra and Goa, chartered accountants holding certificate of practice issued by Institute of Chartered Accountants of India, engineer to be licensed by Municipal Corporation of Greater Mumbai and so on. Each of the professionals supervise and guide the societies to make the project successful. The job of architect would be to verify the potentials of the plot, existing area, the potential construction that can be done by using FSI (Floor Space Index), TDR ( Transfer of Development Rights), fungible FSI, etc., which is known as feasibility report. Then issuing the tenders, compare the tender and guide the society to select an appropriate developer. Further, verification of the plans approved and whether the developer has complied with all the required conditions of building completion. The structural engineer would supervise the quality construction of the project till the occupation certificate is provided to the society. Advocate would go through the legal documents and protect the interest of the society and its members. Chartered accountant can verify the financial of the developer, assist in obtaining the bank guarantee amount required and also verify the feasibility report prepared by the architect considering the market rate and the cost of various inputs estimated. Society consultant may assist the society in updating various society records, conduct various meetings, record the minutes and comply with various requirement as per the government notification. What is the importance of tendering and what are the steps involved therein in the process of redevelopment of housing societies? When a tender document is prepared and circulated to the members, the society will know in advance what are the conditions to be imposed on the developer. The members will know in advance, the various precautions to be taken before the developer is appointed. The tender document includes many of the details to be obtained from the developer, various amenities, terms and conditions of the contract and the financial offer that the developer is required to give in a specific format. This will help the project management consultant to compare the various offer received. Normally, the

MSWAs Housing Societies Review 26 April 2013

Kishore K Vikamsey:- Mob. :- 9820047643

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E-mail: kkc@karamsey.com / Website : www.karamsey.com

REDEVELOPMENT with
FERROCEMENT TECHNOLOGY

Possible to keep existing structure in tact More floors vis--vis RCC possible because self weight less by about 50% Horizontal extension increases by 20-30% without columns Saving of Property tax Foundation cost reduction due to low self weight New Ferrocement Structure not require repairs and waterproofing for decades Far better fire resistant than RCC Far better earthquake resistant than RCC

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1703, CHARAI, R C Marg, Chembur Naka, Mumbai 71 Web: www. jadferrocements.net E-mail:jadfc@yahoo.com / Tel 091 22 25225116 /Mob 09869008368 /9819868368 MSWAs Housing Societies Review 27 April 2013

tender document has to be prepared and kept ready for issuing to the interested developers. A public notice in a leading newspaper inviting the tender is a normal process. Since government notification of January 3, 2009 does not specify explicitly, many of the societies invite the tenders from the close circle or through the members of the society. In order to have a better competition and to have transparent working, it is advisable to give the public notice of tenders and should be kept open for at least 15 days. The tender documents normally should have three set of documents. First envelop should contain the earnest money deposit, second envelop should have all the details of the developer and his credentials.

If the society is satisfied with the developers reputation, workmanship, only then the third envelop containing financial offers should be opened. The society or the project management consultant thereafter prepares a comparative chart and gives a grading as per the offers made by them. This will be circulated to the members and a decision to appoint the best offer developer rather than the highest offer is selected in the general body meeting in which the registrar representative is invited, video shooting is taken and at least 75% of the total members of the society should be present to constitute the quorum and at least 75% of the members present should select one of the developers for redevelopment.

DEEMED CONVEYANCE COMPLEXITIES DEMYSTIFIED


There is a deemed conveyance drive initiated by CM Pritviraj Chavan up to June 30, 2013. What are the benefits of deemed conveyance drive? Whether after deemed conveyance, our society can go for redevelopment? Few people told us that under deemed conveyance, the societies do not get TDR benefit as only building and the land under it is being transferred. Is it true? There is no difference between the legal status of conveyance and deemed conveyance. In case the developer and the land owner co-operates and executes the conveyance in favour of the society, we call it as regular conveyance. If the developer doesn't cooperate, we file an application before the District Deputy Registar(DDR) to grant the conveyance as per the provisions made under section 11(3) to 11(5) of Maharashtra Ownership Flats Act, 1963 by hearing all the parties. In case of deemed conveyance, DDR steps into the shoes of non - cooperating builder and land owner and executes the conveyance in favour of the society. In both the case, the applicable stamp duty has to be paid, it should be registered and then names will be changed in the property card. Therefore, all the benefits of regular conveyance is also available in deemed conveyance including use of FSI, TDR, fungible FSI and to do the redevelopment of the society. During the special drive, the process is done very quickly, all the other departments like sub- registrar, city survey officers are invited in the hearing to be held at the DDR office. A committee under district collectors chairmanship is constituted to verify, if there are any issues to be resolved to grant the deemed conveyance. Stamp duty, registration process is done quick and relaxation in the stamp duty payable on documents prior to 1985 is given. Further, no stamp duty on 40% of land being a potential TDR and on fungible FSI is being charged during this drive. Therefore, it is advisable to take the benefit of deemed conveyance. CA. Ramesh Prabhu, chairman, Maharashtra Societies Welfare Association.

MSWAs Housing Societies Review 28 April 2013

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MSWAs Housing Societies Review 29 April 2013

HOW TO SAVE A DILAPIDATED BUILDING STRUCTURE


Dilapidated structures are generally which have not been maintained for a long time and which are more than 40 years old and are on the verge of collapsing if urgent major structural repairs are not undertaken. Even such unmaintained dilapidated structures can be saved from falling without vacating the occupants using various Engineering techniques, repair methodologies and structural technologies.
Different portions of a dilapidated building have

6)

7) 8)

to be treated with various different methods depending up on the condition and degree of damage caused to the structure. The building structure consists of various structural members viz RCC columns, beams, slabs, chajjas, pardies, tanks, Masonary walls and plaster.
Every member of the building structure needs a

9) 10)

different type of repair treatment, as every member is designed to perform a certain function and also carries the weight of the adjacent structural member and of course its own self weight.
Repair subject are not taught in any engineering

11)

collages but are subjects which are totally and purely experience based. The following are the major works and procedures which are carried out during the course of such Repairs. 1) Propping:- Propping means placing vertical MS props / pipes under the balconies, chajjas, beams, canopies before the actual repair work begins. Erection of Scaffolding:- Strong sturdy double MS tubular scaffolding should be erected on the faade of the building without making any punctures in the walls. Breaking of Plaster: - Loose plaster should be removed wherever it has debonded from the brick surface. Breaking of Spalled RCC:- The loose or spalled concrete should be chissled off from RCC members. Weilding Steel Bars:- Steel bars wherever

12) 13) 14) 15) 16)

2)

3) 4) 5)

orroded / eroded should be wielded with additional steel bars of required lengths. Rust Removal: - Rust a c c u m u l a te d o n t h e exposed steel bars should be brushed off. Applying Rusticide:Rusticide should be applied on the steel bars to remove all the rust. Applying Fixoprime:- Fixoprime should be applied on the steel bars to after application of Rusticide to prevent further corrosion. Bond Coat:- Bond coat is then applied on the spalled off RCC surface to receive the new concrete Patel. Polymer Repair Concrete:- Polymer mortar in the ratio of 1:5:15 (1 polymer:5 cement:15 Sand) is then applied over this spalled off concrete in pathes of maximum thickness 25mm. If depth of damage is more, then additional layers of 25mm are applied. Gunitting:- It is the oldest and best technique in repair field compressed plaster is applied on the RCC surfaces after tying G.I weld mesh of 10 guage and 100 mm x 100 mm size. The fortifies the entire structure and can also be applied on brick surfaces as a first coat of plaster. Jacketing: If small areas of RCC columns are to be repaired then jacketing techniques is more suitable and economical. Fibre Wrapping:- It is generally done on RCC columns in stilt areas where all the four sides of the column are approachable. Micro Concreting:- It is generally done in internal flats to RCC members where other techniques are not approachable. Recasting:- Recasting is done normally on RCC chajjas, pardies, balconies as these members are easily approachable. M.S.Girders/Beams:- Where slabs are sagging and cannot be easily repaired, MS beams with flanges at both ends are fixed on adjacent RCC beams below the slab for support.

MSWAs Housing Societies Review 30 April 2013

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MSWA as empanelled following Hon. consultants. who are willing to coordinate with the Developers for Redevelopment & provide best offers. The meetings of the society & project coordinator will be held in Conference room of MSWA.

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Maintaining Computerized Accounts of Housing Societies with Bill, Receipts, Periodical outstanding of Members, Finalization & providing hard copies of all Accounts Record. Heavy discount on pending Accounts. Audit through Panel Auditor. (Qualified C. A.) Society Registration & Stamp Duty Services. Obtaining PAN, TDS & filing all type of Income Tax & TDS returns Rate may fluctuate as per Soc. Location & volume of Members. Renewal/New Passport. @ Rs. 2,500/- per head.

Name of the Redevelopment Project Coordinator is as follows: 1) Mr. Vishal Agarwal - 9930344132 2) CA. Suresh Jain - 9322224495 3) Mr. Paresh Sawant - 9820513191 4) Mr. Rajesh Moreas - 9960730074 5) CA. Prakash Vallecha - 9821045102 Appointment of Project Coordinator can be fixed by calling MSWA Office on

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MSWAs Housing Societies Review 31 April 2013

17) Compressed Plaster:- First coat of plaster should be done with compressor an not manually. This will give better bonding to new plaster and will also fortify the structure to a very great extent. 18) W a t e r p r o o f i n g : - E n t i r e n e w waterproofing on terrace should be re laid in Brick bat coba at least 100mm thickness average with proper slope towards rain water pipes.

19) Plumbing:- Entire new plumbing lines should be refixed using PVC and UPVC pipes with G.I brackets at least 4 inches away from the walls. Separate lines to avoid A/C water dripping should be installed. All Grills and Alluminium chajjas should be removed and kept before breaking plaster. These techniques is followed properly will extend the life of an old structure by another 25 to 30 years at least.

Mr. Vinod T. Harisingani (M.Tech - Civil) is an expert in waterproofing & structural Retrofitting & having 25 years experience is an expert in Major Structural Repairs and intricate Waterproofing techniques as problems and remedies differ in many and all complicated situations. He may be contacted on his personal Mobile No.: 9920585441 Please SMS also with your query and problems so he can answer and get back to your questions with solutions.

HOUSING SOCIETY MANAGERS COURSE


Considering the various obligations made on the members of the society and also on the Committee members, it is very important for every society to appoint a trained managers. MSWA has designed a Housing Society Managers Course of 3 months. The training will be done on every Sunday from 10am to 1pm at Association office or at Dadar depending on number of participants.We have experienced faculties like retired registrar, Advocates, chartered Accountants who have worked in the Housing Societies Management. The course fees is Rs.5,000/- inclusive of notes and study material. The same can be paid by the societies. Even the office bearers of the society or any member of the societies interest to know the entire provisions of law and the management of the co-operative societies can enroll for the course. After completing the course, one can also start practice of housing societies consultancy and become a professional. Since, every housing societies also require to induct a functional director whom the societies can designate as CEO or Manager, it is advisable to appoint only trained managers, so that the societies can function professionally. Subjects Covered: 1)Introduction to Co-operative Housing Societies, registration 2)MCS Act, Rules and Notifications 3) Bye-laws of Housing Societies. 4) Record Keeping and compliances
MSWAs Housing Societies Review 32 April 2013

5)Correspondence, notices, agenda notes, minutes writing 6) Dispute redressal and compliances thereof. For any details and registration you are requested to contact the association office on 42551414 or send an email on : mswa.hsg@gmail.com

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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.

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MSWAs Housing Societies Review 33 April 2013

AVAILABILITY OF - BOOKS - 022 - 42551414


BOOK NO. TITLE OF THE BOOKS PRICE MEMBER

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Deemed Conveyance English Deemed Conveyance Marathi Recovery of Dues Practical guide on Stamp Duty Registration of Documents Registration of Housing Society Statutory Obligation of Society Transfer of Flat Parking Rules & Regulations Nomination & Will Burning Issues Leave & License Redevelopment - Preparation Redevelopment - Tender Process Redevelopment - Documentation Associate Member - Rights, Duties Circular of Housing Societies Rights and Duties of Members Managers Manual Election Rules Minutes Writing Secretarial Manual Sinking Funds Deemed Conveyance - FAQ Redevelopment - FAQ PAAA Bye - Laws English Bye - Laws Marathi Housing Manual - Marathi / English HSG. Societies FAQ - Marathi / English

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625/725/200/150/120/120/80/150/150/125/70/100/200/150/200/80/150/120/100/70/150/100/70/200/120/100/45/35/100/200/-

` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` `

500/600/150/120/100/100/60/120/100/100/50/80/150/120/150/50/120/100/80/50/120/80/50/150/100/80/40/30/100/200/-

PERIOD 1 YEAR 3 YEAR 5 YEAR

FOR SOCIETY & INDIVIDUAL ` 1000/- + 12.36% Service Tax ` 2000/- + 12.36% Service Tax ` 3000/- + 12.36% Service Tax = ` 1124/= ` 2248/= ` 3371/-

MSWAs Housing Societies Review 34 April 2013

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35

Postal Registration No. MH/MR/N/ 79 /MBI/13-15 Posting At : Mumbai Patrika Channel, GPO, Mumbai. Date of Publication : 10th of Every Month Posting Date : 10th & 11th of Every Month

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IN 78 Months

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Premature withdrawal will be allowed on following terms and condition a) Withdrawal up to 1 year Interest payable @6% p.a. b) From 1year to 2yrs. Interest payable @7% p.a. c) From 2yrs. To 3yrs. Interest payable @ 8% p.a. d) Above 3yrs Interest payable @ 9% p.a.
AN CO-OP LIT CR PO

MSWA METR O

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(Regd. No. BOM. (W-R)RSP/CR/9175/2000-2001)

MSWA METROPOLITAN

I ED

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ESTD-2000

H. O. : A - 2/301, LARAM CENTRE, S.V.ROAD, OPP. RAILWAY STATION, ANDHERI (W), MUMBAI- 58, Tel.: 022 -42551448/1414 B.O.: Swagat Bhavan, Near Indian Oil, Opp. M. S. E. B. Colony, Vasai (E), Thane - 400 208.

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