02

MSWAs Housing Societies Review 03 2013 June

2, Anupam Appartment, Opp. Rationing Office,
Beside Snahanjali Showroom, S. V. Road,
Malad (W), Mumbai - 400 064.
MSWAs Housing Societies Review 04 June 2013
EDITORIAL BOARD
Mr. G. G. Shanbaug 9870205677
Mr. Naresh Pai 9850822472
CA. Vijay Rao 9819432765
CA. Prakash Valecha 9821045102
&
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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MOST IMPORTANT
RAMESH PRABHU
Chairman, MSWA
Off : 022 - 42551414 / 26248589 / 65
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MANAGING EDITORS
Mr. V. Viswanathan 9890187344
CONTENT Page No.
Sate to ease up on controversial Co-op Law 06,
Few issues in the new Model Bye Laws 10,
In Mumbai Region, 40% us are living in Campa Cola 12
BMC spots 615% rise in unauthorized constructions 14
Solartech 18
Dear Members,
The financial year has just ended on 31.3.2013. By now
you must have completed the Accounts for the year
ended 31.3.2013. It is now time for carrying out the
Audit. You have get the audit done from the Panel
Auditors maintained by the Commissioner for co-
operation and Registrar of Co-operative Societies,
Maharashtra State, Pune. The list of auditors are available on the
Government website :
The Registrar also has issued letters to co-operative housing societies to
adopt the new Model Bye-laws. The highlights of new model bye-laws are
published by your association. The New Model Bye-laws as published by
the Commissioner for co-operation on their website was printed and
made available at your association office for you to make use of the same.
The article which was published in the Times of India, which is also
reproduced in this magazine has resulted into many enquiries about the
status of provisions or amendment made to Maharashtra Co-operative
th
Societies Act, 1960 due to 97 Constitutional Amendment. We have say
that since the Maharashtra Co-operative societies(Amendments)
Ordinance 2013 is give further extension by the Governor of
Maharashtra, all the provisions are in place and they are binding on the
th
societies such as : Filing of Annual Return, Holding AGM by 30
September, 2013, Conducting the Audit from the panel auditor before
issue of notice for AGM, Filing Audit Rectification report etc. Failure to do
any of the above can put the managing committee to pay the penalty as
well as disqualify from contesting the election for next five years( one
term).
You are requested to understand the provisions of new law and do the
needful. We are holding an educational program on the same, details of
which are given in this magazine, elsewhere.
With best Regards
CA. Ramesh Prabhu, Charirman.
sahakarayukta.maharashtra.gov.in. You can also
get the names by calling the association office.
MSWAs Housing Societies Review 05 June 2013
MSWAs Housing Societies Review 06 June 2013
State to ease up on controversial co-op law
embers of housing societies across
Maharashtra can heave a sigh of relief as
Mthe state government has decided, for
now, not to insist on strict implementation of the
controversial and confusing amendments to the
Maharashtra Cooperative Societies (MCS) Act,
1960, which the societies have been directed to
adopt by May 30.
PILs against the amendments are pending
before the Bombay HC, state cooperation
minister Harshwardhan Patil told TOI recently.
The Gujarat HC has questioned the 97th
constitutional amendment (under which the
cooperative society amendments have been drawn
up). A joint committee of both houses of
Maharashtra legislature is discussing it and should
suggest changes. Taking this into account, we will
go slow on strict enforcement of the MCS Act
amendments, Patil said.
The amendments include: reserving three seats on
managing committees with 11 members or more
for SCs, STs, OBCs, special backward classes,
nomadic and denotified tribes; fines on members
for encroachment; allowing the state to appoint
officers to run unaided societies; forming dispute
redress committees. Amendments to law on
cooperatives leave housing societies groping in
dark .
The amendments to the Maharashtra Cooperative
Societies (MCS) Act, 1960, call for a society that has
15 to 100 members to have an 11-member
managing committee (MC), with larger housing
societies having bigger MCs. Critics say this appears
to make it compulsory for even a society with just
15 or 16 members to have an 11-member panel.
There is no clarity on what happens if there are
less than 15 members in a society, said advocate
Vinod Sampat.
Three seats would have to be reserved for SCs, STs,
OBCs, etc. There appears to be no clarity on what
happens if a society has no members from these
communities, though Patil said seats could be left
vacant till such individuals buy flats in the society.
Rajshri Mehta TNN
The government has not applied its mind to
how the reservation clause will work, especially
in smaller societies, said Sampat.
The amendments, if anything, have created
only confusion, said solicitor Parimal Shroff.
One amendment allows the registrar to appoint
authorized officers to run unaided societies.
Earlier, the state appointed administrators to run
erring societies, but the 97th constitutional
amendment disallows this.
By bringing in authorized officers, the state is
doing what is disallowed in a roundabout
manner, said Ramesh Prabhu, chairman,
Maharashtra Societies Welfare Association.
Though the new amendments are supposed to
increase a society's autonomy, such provisions do
otherwise, he added.
Another proposal calls for societies to set up a
dispute redress committee. There is confusion
over which committee, the dispute redress or
managing committee, would have more
authority in a society, said Prabhu. What would
happen if a society member raised a petty issue
agai nst anot her member, l i ke cl ai mi ng
encroachment if a shoe rack is placed outside a flat
or a balcony is covered? The committee would lead
to more disputes in a society.
The government says the proposals would infuse
fresh blood into the cooperative sector, but experts
said housing societies would lose autonomy. An MC
can be dissolved and an authorized officer
appointed by the registrar if several deadlines
aren't followed with respect to audits, annual
returns and annual general body meetings (AGMs).
Furthermore, the MC members would be unable to
contest elections to the new committee for five
years.
Expulsion and eviction proceedings could be
initiated against society members who don't attend
an AGM in 10 years. This could be used to grab
property by targeting senior citizens and flat
owners living elsewhere in India or abroad, said
experts.
MSWAs Housing Societies Review 07 June 2013
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MSWAs Housing Societies Review 08 June 2013
The government may have set a May 30 deadline
for the amendments to be implemented, but it will
be virtually impossible for societies to adopt them
by then because they are difficult to implement and
have many flaws, said Sampat. Legal experts said
the fresh provisions would operate till they are
challenged, stayed or struck down. Unable to clear
the amendments through a bill in the assembly
session, the ruling coalition urged the governor to
make them take effect through the Maharashtra
Cooperative Societies (Amendment) Ordinance,
2013, which was passed last month. The legislature
will take up the bill at a later date. CHANGES IN ACT
A CAUSE OF GREAT CONCERN
SOME I SSUES I N THE MAHARASHTRA
COOPERATIVE SOCIETIES (AMENDMENT)
ORDINANCE, 2013, WHICH IS MEANT TO AMEND
THE MAHARASHTRA COOPERATIVE SOCIETIES
ACT, 1960:
If a society has 15-100 members, then its managing
committee (MC) should have 11 members and
three of them should be SC, ST, OBC, SBC, nomadic
tribe or denotified tribe members PROBLEM There
is no clarity on what would happen if a society has
no members from these communities. Relatedly, if a
society has less than 15 members, how large should
the MC be?
Registrar can appoint authorized officers to run
unaided societies
PROBLEM The 97th constitutional amendment
disallows the appointment of an administrator to
run erring societies. But through the 'authorized
officer' the state can now get a backdoor entry into
the workings of a society
Dissolving the MC; disqualifying members from
contesting an election PROBLEM The MC would be
dissolved, an authorized officer appointed and MC
members disqualified from contesting elections for
five years if any of the following isn't done:
appointing an auditor and filing info about it with
the registrar; conducting the audit before issuing a
notice for the annual general body meeting; calling
the annual general body meeting before September
30 every year; filing annual returns on or before
September 30 every year; filing an audit
rectification report before September 30 every
year.
Independent auditor can file FIR
PROBLEM Since auditors would now be required to
file an FIR on noticing financial irregularities, they
could misuse the power to blackmail office bearers
Expulsion
PROBLEM If a society member does not attend at
least one general body meeting for 10 years, he can
be expelled from the society and action to evict
him/her from the flat can be initiated. This can be
especially misused to target senior citizens and
those living out of town
Election by an authority
PROBLEM All elections would be conducted by a
State Cooperative Election Authority, which would
be expensive. If any committee member resigns
within two and a half years, the vacant post can only
be filled by conducting elections again. Societies
have to contribute towards the election fund
Encroachment penalty
PROBLEM Any member found encroachingon
even minor areas on landings or staircaseswould
have to pay five times the flat's monthly
mai ntenance charges for the peri od of
encroachment
Active & non-active members
PROBLEM There is already confusion about the
rights and duties of members and associate
members. Now, a new concept of active and non-
active member has been introduced. Only a
member or associate member who is active can
contest an election. This could create further
disputes in a society
2 committees in same soc
PROBLEM In every society, there would be a
dispute redress and settlement committee. There
would be confusion as to who would have more
authority, the redressal committee or the managing
committee. Petty matters may be taken to the new
committee, thus increasing rather than reducing
disputes .
MSWAs Housing Societies Review 09 June 2013
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MSWAs Housing Societies Review 10 June 2013
Following amendments done in the Maharashtra
Co-operative Societies (Amendment ) Ordinance
th
2013 due to 97 Constitutional Amendment are a
matter of great concern:
1) Not to appoint an Administrator for un
aided Societies but Authorised officers
are appointed : Though the Constitution
has said not to appoint an administrator, the
MCS Act, 1960 through section 77A, an
Authorised officer is getting appointed
through the registrar. This is nothing but a
back door entry by the registrar in the
working of the society.
2) Independent Auditor and filing an FIR:
The Auditors are now appointed by the
General Body meeting. This will facilitate the
Management to engage their own and known
Auditors to be appointed. Earlier, the
Auditors used to be appointed by the
Registrar at least for banks and credit
societies. Since now the auditors are
required to file an FIR on noticing any
financial irregularities, the auditors may
misuse such powers to blackmail the office
bearers or some members who are against
the Management may bring in an auditor
who will create a trouble to the management.
3) Disqualification to contest the Election:
Failure to do the following things by a
committee will disqualify them from
contesting the election for the next 5 years:
a) Appoi nt i ng t he Audi tor and f i l i ng
information about the same with the
Registrar
b) Conducting the Audit before issue of Notice
for Annual General Body meeting.
c) Calling the Annual General Body meeting
th
before 30 September every year.
th
d) Filing of Annual Return on or before 30
September every year.
e) Filing of Audit Rectification Report before
th
30 September every year
Few issues in the new Model Bye-laws
Earlier on account of not filing M-20 Bonds
the committee used to be dissolved and an
administrator used to be appointed. Now on
failure to do any one of the above things, the
committee will be dissolved and an
authorized officer will be appointed and the
existing committee will be disqualified from
contesting the election for next one term( ie.
For a period of 5 years).
4) Expulsion of members from the society:
Provision is made that if the member does
not attend at least one General body meeting
for a period of 10 years, he can be expelled
from the society and an action to evict them
from the flat can be initiated. This is a very
harsh provision. Many of the societies
managing committee can target few senior
citizen or a persons who abroad to grab their
property. Few members also can be harassed
by initiating expulsion proceedings as it has
been provided in the law.
5) Election by the State Co-operative Election
Authority: Election of all including the small
housing societies will be henceforth done by
a State Co-operative Election Authority. The
result is that it will be very expensive and
unnecessary. If any of the committee member
resign within a period of two and half year,
the vacant post can be filled only by
conducting a election once again for the
vacant seat. The societies have to contribute
towards the election Fund.
6) Penalty on members for encroachment:
As per model Bye-laws No. 170(a). Any
member found to be violating the above
condition by encroachment shall have to
vacate the encroachment and further he/she
shall pay an amount equal to five times the
monthly maintenance charges per month for
the period for which he/she has encroached
such spaces and further members must not
carry out any constructions. Also members
must not use the flat /unit for which it was
MSWAs Housing Societies Review 11 June 2013
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MSWAs Housing Societies Review 12 June 2013
meant/sanctioned. Any member violating
the above directives shall pay an amount
equal to five times the monthly maintenance
charges, per month with retrospective effect
for the period for which such violation is
existed.
Due to this changes, even if a member makes
a shoe rack outside or covers a balcony, the
managing Committee may charge five times
of maintenance. If some members are having
tuition class or small time consultancy at
home, they also may be charged 5 times
penalty. This way, dispute in the society will
go up.
7) Dispute due to active and non active
members: Already there is confusion about
the rights and duties of member and
associate member. Now a new concept of
active and non active member has been
introduced. The member or an associate
member who is classified as active can only
contest the election. This will further create
disputes in the society.
8) Two committees in the same society: In
every society now there will be an additional
committee known as Dispute Redressal and
Settlement Committee. There is a confusion
as to who has more authority in the working
of the society. Every member may raise the
disputes with the dispute redressal
committee. In stead of reducing the disputes,
it ,may increase the disputes.
9) Three seats are Reserved for SC and ST,
OBC, Numadic Tribes, Other Backward
Class etc. Now every member need to record
their cast in the Society. Many of the
members staying in a housing society are not
even try to understand to which cast the
members of the society is belonging to. Now
due to this type of provision, people will be
cast conscious which is not a good.
In Mumbai Region, 40% of us are living in "Campa Cola
2 May 2013, Mumbai: As Mumbai awaits with bated
breath for some kind of miraculous intervention to
save the 94 families of Campa Cola Compound from
being dis-housed, these middle-class families are
like the administration's scapegoats. They
represent all of us. As they wait for the raised axe to
fall on their necks, my heart goes out to them with
sympathy, and I am filled with worry with what will
befall the rest of us. I am not competent to comment
on the legality or the judicial wisdom of this
decision; surely, the Supreme Court knows best.
But I would like to ask some questions to no one in
particular.
Why only Campa Cola Compound? What about
the rest of Mumbai, where over 40% of occupied
residential buildings don't have BMC's mandatory
Occupation Certificates? It is reckoned that at least
6,000 buildings are being paying double for
municipal water, which means they are not
authorized. Many unauthorized structures are
routinely regularized on payment of penalties... but
there are many more that are not yet regularized for
various reasons. Will this axe fall on them also?
And why only Mumbai? What about Thane,
Mumbra, Ulhasnagar etc. where thousands of
unauthorized (and often unsafe) structures are
standing -- a disaster waiting to happen?
In all these places, builders have have sold the flats,
made off with the life savings of crores of families --
worth several thousand crore rupees. Dozens of
MPs, MLAs and Corporators from all political
parties are routinely the accomplices of these
builders, as are the bureaucrats.
As it happened with the three builders of the seven
buildings of Campa Cola Compound, developers
perpetrate the crime and usually go scot-free.
Thousands of architects and contractors who
mastermind such unauthorized buildings will also
never be caught.
The municipal officials, state government
bureaucrats and police officials who turned a blind
MSWAs Housing Societies Review 13 June 2013
MSWAs Housing Societies Review 14 June 2013
eye to the goings on are unlikely to be punished.
Needless to say, no one may point a finger at the
judiciary, which willy-nilly allowed cases to drag on
for decades and created a perfect window of
opportunity for all the illegalities to build up.
When the time comes to for buildings to be
demolished, it will be you and me -- the common
man -- who will be running helplessly from pillar to
post like the residents of Campa Cola Compound
are doing today.
I have no easy solutions to offer. Major surgery is
required in the entire MMR region, and that will not
be a bloodless and painless process.
But may I humbly urge the State Government and
Legislature to frame a humane policy to deal with
unsafe buildings first, before demolishing sound
structures like the Campa Cola buildings? May I
humbly urge Maharashtra government to avoid
shi rki ng i t s responsi bi l i t y, and l et t i ng
municipalities take their own decisions?
If a comprehensive and humane "demolition
policy" is not framed, a humanitarian crisis looms
large before at least 40% of us in the years to come.
Until such a policy is framed, I cannot help feeling
that we all are Campa Cola building residents,
waiting for our houses to be demolished for one
reason or another.
City shocker: BMC spots 615% rise in
unauthorized constructions in 5 years
Linah Baliga TNN
There's nothing remotely new about illegalities in
buildings that dot the city's skyline. Recent BMC
figures submitted in the Supreme Court, though,
are deeply disturbing as these show a mind-
numbing 615% increase in
unauthorized buildings
over the past five years.
In the affidavit, the BMC's
encroachment removal
department submitted a
f i ve - ye a r l i s t o f a l l
unauthorized buildings
from 2008 to March 2013,
and the BMC's planning and
development department
gave a list of illegalities in
new constructions and
redevelopment projects
detected between 2012 and
2013.
In 2008, the BMC found
7,838 illegal buildings in all
24 administrative wards.
Their numbers shot up to
48,194 between 2009 and
2013. Overall, the BMC detected more than 56,000
illegal buildings in the past five years.
The BMC report, though, is incomplete as there are
no figures available for Goregaon (West) in the P
(South) Ward between 2008 and 2009. Besides, the
consolidated figure for Bandra in
the notorious H (West) Ward shows
a missing blank space in the
affidavit, which was submitted to
the SC on Friday.
There is also a mention of the
number of demolitions undertaken
and court cases pending in the past
five years.
Experts and activists said that while
illegal buildings do get demolished,
relevant action is taken only when
alert citizens bring violations to
authorities' notice; they seldom act
on their own.
This is also due to the increasing
po we r a nd do mi na nc e o f
i rresponsi bl e bui l ders and
developers. Their influence is
growing and with it, the nexus at all
MSWAs Housing Societies Review 15 June 2013
MSWAs Housing Societies Review 16 June 2013
levels, both political and official. Without
collaborative effort, such illegalities cannot be
sustained, said architect P K Das, a member of Save
Open Spaces.
Das further said the number of illegal buildings is
also rising due to the complete absence of physical
planning for the city. The anarchy in development
provides the perfect ground for illegal endeavours.
This is a very important fact about Mumbai. The
government must seriously get back to the drawing
boards to undertake the responsibility of physical
planning.
Architect Aarvind Unni of NGO Yuva, who is
involved in the revision of Development Plan 2014,
said local corporations are incompetent to handle
population growth and consequent needs such as
affordable housing. Since the state is unable to
provide it, builders provide illegal settlements or
buildings.
Another reason for growing floor space index (FSI)
violations is the restrictive FSI regime, experts
added. The violations could be partly because of
rising demand for floor space and a restrictive FSI
regime. That's why builders try to steal FSI. But
that's conjecture and not conclusion, said housing
expert V K Phatak.
Last year, the BMC amended the Mumbai Municipal
Corporation (MMC) Act to take tough action against
illegal constructions. Amendment to its Section 515
(A) allows the civic body to demolish illegal
structures without intervention by way of stay
orders from the city civil court. This will be a major
deterrent to illegal constructions.
The SC directed the BMC to file the affidavit on
March 15 when it was hearing a petition filed by
Maharashtra Hawkers' Union against the BMC's
treatment of vendors in Andheri (West).
Source : Times of India
Continued from Page No. 30
reasonable market rent and he is required to give
the same or should provide the alternative
accommodation.
Further, without your 70% consent, he cannot
proceed with the redevelopment. Therefore, it is
better to appoint a proper project management
consultant to get your various questions answered
and also speak to your developers on your behalf
legally.
We are told that serial number 11 of government
directions for redevelopment issued on January 3,
2009 under section79A of the Maharashtra Co-
operative Societies Act, 1960, redevelopment
agreement with the developer has to be executed
within a period of one month from the date of
selecting such developers. The development
agreement has so many clauses and needs
negotiations on many terms and conditions. It is
practically not possible to execute development
agreement within one month of selection.
We are also informed that new model bye-laws no.
177 published by the commissioner for co
-operation has a clause, that in case redevelopment
agreement is not executed within one month of the
selecting the developer, another special general
body meeting has to be held in which, a decision
regarding the selection of new developer from the
offers received has to be finalized and in that
meeting also a representative from the registrar
must be called compulsorily. In our case, it is nearly
3 months since we have selected the developers,
but still development agreement has not been
done. What is to be done?
You are required to finalise all the terms and
conditions with the developer whom you have
already selected. Call another special general body
meeting to finalise the development agreement
with the selected developer.
It is suggested that the copy of development
agreement may be circulated, either a soft copy or
hard copy to the members along with the notice for
special general body meeting.
A copy of notice should also be sent to the registrar
with a request to depute his officer on the date of
special general body meeting.
MSWAs Housing Societies Review 17 June 2013
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MSWAs Housing Societies Review 18 June 2013
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MSWAs Housing Societies Review 19 June 2013
MSWAs Housing Societies Review 20 June 2013
alcon Group of Companies Providing
Complete Pumping Solution & Producing
FEnergy efficient and worldwide accepted
products like various kind of Pumps, uPVC, Column
& HDPE pipes and all type of cables & wires .
Falcon group of Companies are the Industry driver,
most innovative and trend setter Submersible
Pump manufacturing company with highest
growth rate in the industry. We are actually one of
the leading pumping solution companies in India
manufacturing one of the widest ranges in this
segment among the country.
The organization certified with ISO 9001-2008
system certification and CE European
Conformity, BIS & BEE all major Product
certification, manufacturing more than 2000
models with in-house most advanced, highly
sophisticated manufacturing unit having capacity
of 200,000 units annually with more than 850
dedicated manpower and spread over 225,000 sq
ft area. We have thorough distribution network in
almost entire India with more than 1500 trade
partners. We exports over more than 40 countries
worldwide.
Recently the company awarded two prestigious
National Awards in the categories of Innovations
& Best Quality Products (Pumps) and
Outstanding Efforts in Entrepreneurship from
the Her Excellency President of India, on 2nd
September 2011 at Vigyanbhawan, New Delhi.
Falcon Pumps is also a
Me mb e r o f t h e
National Level Core
Committee of the
Bureau of Energy
Efficiency (BEE), Govt.
of India for advisory
and future strategic
action on improving
the energy efficiency
in pump sets.
Research and Development:
Innovation is the essence. It is the innovations that
make FALCON a unique and Best-in-Class
Submersible Pump manufacturing company. We
stand out because of our aptitude to constantly
create new solutions to the ever-changing demands
of the pump industry. With core emphasis on
Research & Development in Submersible Pumping
solution, company has devoted sufficient time to
achieve an engineering excellence to develop world
class most energy efficient product range.
Company has established separate state-of-the-art
Research & Development division fully equipped
with highly sophisticated and most advanced
technologies. The R&D of the company heading by
hon. CMD of the company himself and driven by
highly qualified technocrats.
Falcon Pumps : Quality Policy
"We are committed to achieve customer
satisfaction through timely supplying quality
products by constant adherence to Quality
Management System and Continual Improvement."
1) We are not Selling Pumps only but concept
of saving Energy by providing Energy
Efficient Pumps.
2) 1st Indian manufacture of all water related
solution under one roof.
3) We are committed for 1 year guarantee not
warrantee.
4) We are providing customer service by 24 x 7.
5) We are the only One in Mumbai, offering buy
back schemes & replace your old pumps with
new Energy Efficient pumps .
6) Cost will be recovered within 8 to 12 months
by using our energy saver pumps.
Said Mr. Dgirajlal Suvagiya, CMD,
Mr. Dgirajlal Suvagiya, CMD
MSWAs Housing Societies Review 21 June 2013
External Civil & Painting Contractors, Interior Decorators
FIRST IMPRESSION ENTERPRISE
Admin off: 2, Sequeira Villa, CST Road, Kalina, Santacruz (E), Mumbai-98.
Email: firstimpressionsenterprise@gmail.com ,
Mob: 9594838213 /9870049667
Fields of Specialization:-
Terrace & Walls Water Proofing without
breaking
External Painting & texture
Crack filling & Civil Repairs
Plumbering
Structural Repairs & Rehabilitation
Fixing Paver Blocks & Chequered Tiles
Home Painting & Interior Decorators
We Provide Preparation of Reports,
*conditions apply
Survey, and Estimation work.
SERVICE GUARANTEE OF 10 YEARS
Mob : 9821037635
9892977396
Tel. Fax : 28798640
28790120 & 21
TIWARI SECURITY & DETECTIVE
AGENCY PVT. LTD.
We provide
Security Guards, Armed Guards,
Body Guards, Dogs Squads, Drivers,
Factory Labours for Commercial Estb.,
Security for Housing Societies
& Industrial Units
Sister Concern of New India Security Force
Area of operation
All over Maharashtra & Gujarat
Head. Off :
Mastermind - 4,Unit No. 127, Royal Palms,
Aarey Colony,
Goregaon (East), Mumbai-400 065
MSWAs Housing Societies Review 22 June 2013
Corporate Vision
To become globally most preferred supplier of
energy efficient pumping equipments. To be
recognize as a technical leader in the world pumps
industry.
Corporate Mission
To become a No.1 pump manufacturer of India by
2016 with offering complete quality pumping
solutions to the end-user especially having
superior technology products with highest variant
in models at highly competitive pricing.
Corporate Core Purpose
Falcon Pumps Pvt. Ltd. is continuously committed
towards manufacture, research and develops
pumping solutions range with highest energy
efficiency to ensure the least cost utilization,
highest output and long life durability. The ultimate
objective is to achieve utmost customer
satisfaction and improve brand loyal stake holders
throughout the world.
Highest level of customer satisfaction
Our core objective is to maximize our customer
base with highest level of satisfaction.
We are the one, value our customer as our precious
asset and consider net profit of addition of such
loyal and delighted customers with us.
Pioneering technology
The only thing which can differentiate us from
others is our own technology. We are the technical
leader in our segment and always will be a step
ahead than the competitors. We enriched with most
sophisticated, ultra modern world class process
technology and always open to acquire new
technical challenges.
Social Responsibility
At Falcon Pumps we believe the society first. 'Save
Energy, Green the World' is the slogan of Falcon
Pumps, shows its immense concerns towards the
environment. We are equally conscious about our
responsibilities towards society, environment and
people. We value the incredible support and
contribution of the society into our growth &
development and committed to returning the same
through any means or ways. Since our inception, it
has been our corporate core focus to incorporate
social concerns within our core business decisions.
All the polices are meticulously crafted with
intention to allow each individual associated with
company could perform independently his duty
towards the society and environment.
Open Letter to Co-op Minister:
Self-employed Professionals will be Crippled by New Model Byelaws
To
Shri Harshvardhan Patil
Minister for Co-operation, Maharashtra
3rd Floor, Mantralaya Annexe, Madame Cama Road
Mumbai.
Sub : Model Bye-law no. 170(a) will affect many self-employed professionals,
cause bitter disputes in Housing Societies
Dear Sir,
Many of the 80,000-odd co-operative housing
societies (CHS) in our state have already adopted
the new model bye-laws, complying with your
departments strict directions. By this month-end,
a majority of them will have adopted them.
Some new model bye-laws are not necessary in for
implementing amended Maharashtra Co-operative
Societies Act 1960 and 97th Constitutional
Amendment. We humbly request you to suitably
modify or delete such bye-laws in the larger
interest. Official copy of new model bye-laws for
CHS: http://tinyurl.com/CHS-Model-Byelaws
7th May, 2013
MSWAs Housing Societies Review 23 June 2013
Mobile : 9820146623,
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Find 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: info@supremeengicons.com / supremeconsultants@yahoo.co.in
Web Site: www.supremeengicons.com
(AN ISO 9001 - 2008 CERTIFIED COMPANY)
MSWAs Housing Societies Review 24 June 2013
We draw your attention to bye-law no. 170(a) a
new provision that says that if any society member
is found to have encroached on common areas, or
used the flat for any purpose other than that for
which it was allotted, shall pay an amount equal to
five times the monthly maintenance charges, per
month with retrospective effect for the period for
which such violation is existed.
Sir, there are High Court judgments upholding
individuals right to peacefully carry on
professions from their own premises. Many self-
employed professionals peacefully working from
home e.g. Insurance Agents, Lawyers, Architects &
interior Designers, Chartered Accountants,
Translators, Tuition Teachers, etc. will be badly
hurt by implementation of Bye-law no. 170(a) by
their societies.
Also, in almost all societies, builders have illegally
sold stilt-parking spaces and other common
amenities to individual flat-owners. Technically,
such flat-owners are encroachers. If penalties at
the rate of five times the monthly maintenance are
imposed, a reign of terror will be let loose in many
housing societies.
Please consider this example of how common
people will be affected.
Example: SELF-EMPLOYED PROFESSIONALS &
TERRACE FLATS
Arcadia Heights CHS Ltd. was occupied in April
2003. Mr John D'Costa and three others residing on
the first floor of their building purchased terrace-
flats from the builder, who charged each of them
an extra amount of Rs 2 lakh to the small terraces
on top of ground-floor shops (to which only they
have access from inside the house). The terraces
are clearly mentioned in their agreement.
However, the managing committee has been
recently disputing the right of these flat-owners to
exclusively enjoy these terraces, and wants to seal
them off.
Soon after the adoption of the New Model Bye-laws
in April 2013, the society issued a general notice for
removal of all encroachments.
The society also sent notices of stopping all
professional work from residential premises to a
chartered account, a lawyer and a freelance
translator who work from home
All these seven members were sent bills for April
2013 calculated as per bye-law no. 170(a):
(i) Regular Monthly Maintenance bill = Rs 12,000
(ii) Penalty for encroachment = Rs 12,000 x 5
times = Rs 60,000
(iii) Penalty for encroachment for the last ten years
(with retrospective effect) i.e. 120 months = Rs
72 lakhs
THEREFORE, TOTAL BILL FOR MARCH 2013 Rs
72 lakhs.
Naturally, John DCosta and his neighbours are
shocked. They are unwilling to, and incapable of,
paying this whopping amount. And so they decide
go to High Court. However, until they can
successfully get a stay, the society managing
committee decides that it cannot reduce its
demand and write off their dues.
Meanwhile, the society sends bill for April 2013,
calculated as follows:
(a) Regular Monthly Maintenance Bill Rs 12,000
(b) Monthly penalty amount Rs 60,000
(c) Monthly simple interest @ 21% per annum
(see bye-law no. 72) on Rs 72 lakhs Rs 1.26
lakhs
THEREFORE, BILL FOR APRIL 2013 -- RS 1.98
LAKHS
The monthly interest shown in item (c) will
increase in geometric proportion for every month
as long as the society members do not pay the
penalty amount of Rs 72 lakhs. At 21% per annum,
monthly interest continues to mount on Rs 72 lakhs
plus Rs 60,000.
After the third month, the society plans to issues
notices proclaiming John DCosta and his
neighbours as defaulters, and initiate recovery
proceedings under Section 91 or 101 of the
amended MCS Act.
In other words, a normal housing society has
turned into a legal battlefield, thanks to Bye-law no.
170(a).
Sir, does anybody believe that lakhs of affected
citizens of Mumbai will quietly pay five times the
monthly maintenance amount as penalty? And
MSWAs Housing Societies Review 25 June 2013
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MSWAs Housing Societies Review 26 June 2013
furthermore, with retrospective effect? People will
naturally fight tooth and nail by every possible
means lawful and unlawful, to avoid paying such
crushing penalties! Bye-law no 170 alone will
result in tens of thousands of litigations!
THEREFORE, PLEASE MODIFY OR DELETE THIS
INFLAMMATORY PROVISION. Societies that have
already adopted them must be directed to
immediately call another Special General Meeting
and either delete 170(a), or suitably modify it.
Full text of this vexatious bye-law is quoted here for
your reference and action: All open /common
spaces meant for use of all members for eg.
staircase, steps, landing areas, parking areas, lift,
corridor, and such other spaces, cannot be occupied
by any member for his own use. The use of such
areas shall be restricted to the cause for which
these are meant.
Any member found to be violating the above
condition by encroachment shall have to vacate the
encroachment and further he /she shall pay an
amount equal to five times the monthly
maintenance charges per month for the period for
which he/she has encroached such spaces and
further members must not carry out any
constructions, structural changes over and above
the sanctioned plan without prior permission of the
society and concern municipal authorities. Also
members must not use the flat /unit for which it
was meant /sanctioned. Any member violating the
above directives shall pay an amount equal to five
times the monthly maintenance charges, per month
with retrospective effect for the period for which
such violation is existed.
Yours sincerely,
CA. Ramesh Prabhu, Chairman, MSWA
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MSWAs Housing Societies Review 27 June 2013
MSWAs Housing Societies Review 28 June 2013
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Free Camp for Adoption of
New Model Bye-Laws
More Details Contact : 022-42551414
MSWAs Housing Societies Review 29 June 2013
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Office : 022 3226 8900 | 022 2816 5958
Mobile: +91 823 767 7804| +91 902 945 0859
Email: society@sdhventure.in
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MSWAs Housing Societies Review 30 June 2013
Norms applicable for cess buildings
CA. Ramesh S. Prabhu,
Chairman, MSWA
answers queries on
property Redevelopment and
issues related to the same
We live in an old building, which was probably
built in the 30s, in South Mumbai and is now
going for redevelopment. Our landlord has sold
the same to another developer without
consulting the tenants who is keen to redevelop
the building himself. He already has a few
projects going on. Ours is a ground plus 4 storey
building. Ground has five shops and each floor
has three flats, area of each flat varies from 800
- 1100 sq ft carpet. In a meeting held with him
he mentioned that, each tenant would get a
maximum of 753 sq ft irrespective of the size of
his flat, he also refuses to give rent for
temporary accommodation, which is around Rs
50,000 to Rs 80,000 for a 2BHK flat in our area. I
would like to know that is he right in giving us
753 sq feet ? What about the area we are losing?
Can he r ef us e r ent f or t emporar y
accommodation? I am told most builders give
Rs 60-80 per sq ft per month as rent for
temporary accommodation till possession, is it
correct? According to him, each floor would
have one 753 sq ft flat and one 550 sq ft flat, 753
for tenants and 550 for sale and building would
be 12 floors to house 12 tenants and 12 flats
(550 sq ft) would be sold, there will be two
staircases and two lifts plus a lift for car
parking. Is it possible do so?
From the background you have provided, your
building comes under cess building and your
owner will be developing the property under 33(7)
of the Development Control Rules. Under this rule,
the developer gets 3.00 FSI or gets incentive FSI of
50% to 60% more than what has been allotted to
the existing tenants without any upper FSI ceiling.
The developer can take any option which is
beneficial to him.
However, the developer is required to provide the
existing tenants whose present area is less than
300 with a self contained house on ownership basis
of 300 sq ft carpet in a new building, similarly the
tenants having area of 300 sq ft carpet to 753 sq ft
carpet, the same area on ownership basis in the
new building and if the area used by the tenants is
more than 753 sq ft than maximum area of 753 sq ft
carpet only is provided.
Therefore, the area offered by the builder/
developer in your case is as per legal provision and
you cannot insist for more area than 753 sq ft in
spite of the fact that you were enjoying more area.
However, you can request the builder to provide
you extra area of about 35% fungible FSI over and
above the promised area of 300 sq ft or 550 sq ft or
753 sq ft.
The fungible FSI for the existing tenants comes free
of FSI and also free of premium. The design of the
building will be done by the builder or by his
architect, which most suits to accommodate the
existing tenants and the new purchasers. Both are
accommodated in the same building as there must
be very less plot area which is beneficial to you as a
tenant you get the same quality of construction as
the sale building and you get all the amenities. On
the same floor both the tenants and the sale flats
can be adjusted by the builder considering the
planning concept. You as a tenant cannot take any
objections to the planning done.
Regarding the temporary rent, it is the
responsibility of the developer to provide you the ...
Continue.... Page No 16
MSWAs Housing Societies Review 31 June 2013
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:arvindsingh.consultant@gmail.com
For more details : www.arvindsinghconsultants.com
ARVIND SINGH CONSULTANTS
CONSULTING STRUCTURAL ENGINEER, ARCHITECT & PROJECT MANAGEMENT CONSULTANT.
WITH OWN NDT EQUIPMENTS
NON DESTRUCTIVE TESTING. (NDT)
REPAIRING
(23 YEARS EXPERIENCE )
REDEVELOPMENT
(18 YEARS EXPERIENCE AS PMC )
Structural Audit as per BMC norms.
Detailed Cost estimate.
Preparing Tender documents.
Guiding Society in selection of contractor.
Day to day supervision.
Certification of bills.
Stability Certificate.
OTHER SERVICES
Installation of lift.
Stack car parking.
Deemed Conveyance
Verifying property document.
Feasibility report.
Preparing and floating tender.
Guiding society's solicitor in preparing legal
documents.
Guiding society in selecting good builder.
Guiding society for amenities, add area,
corpous fund etc.
Verifying various permission like IOD, CC etc.
before vacating the plot.
Strict supervision to monitor quality of
construction.
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 :- neo_tech@mtnl.net.in
MSWAs Housing Societies Review 32 June 2013
Full Day Workshop on latest Co-op. Law
The co-operation sector is in turmoil! Many legal
changes are in progress, and many things are
moving in opposite directions at different levels.
The 97th Amendment has been challenged in
Gujarat High Court, and judgment has been
delivered, quashing a substantial part of the
amendment, on the grounds that the Parliament
overstepped its legislative powers and effectively
legislated on a State subject without the support of
State legislatures.
Simultaneously, Maharashtra Co-operative
Societies (Amendment) Ordinance 2013 is in force,
but it is under review by a Select Committee, and
substantial changes may happen before it is
ratified by the State Legislature in July.
And in the meantime, Co-operative Housing
Societies (CHS) are under directions to adopt the
new Model Bye-laws before 30th May. Large
numbers of societies are holding Special General
Meetings this week, to comply with the earlier 30th
April deadline issued by the State Co-operation
Department.
The question being raised in housing societies all
over Mumbai is: Can the Gujarat High Court
judgment be interpreted to mean that MCS Act
amendment also stands quashed? And by
implication, are the state co-operation department's
directives to 80, 000 housing societies of
Maharashtra for adopting new Model Bye-laws
before 31st May also null and void?
To understand what was going on, and to discuss
how citizens can meaningfully intervene to have
certain draconian features of the new Maharashtra
Co-operative Societies Act (and Model Bye-laws)
removed before its enactment, 25 co-operative
society members, including chairmen and
secretaries, advocates and other professionals,
gathered at Maharashtra Societies Welfare
Association (MSWA) yesterday for a full-day
workshop see photos attached.
The participants at the workshop held
yesterday felt strongly convinced that despite
the Gujarat High Court judgment, MCS Act and
bye-laws amendment is very much on. They felt
the urgency of making representations to the
Co-operation Minister and others to remove
harmful provisions, so that citizens are enabled
to live together peacefully in housing societies
for the next few decades!
With every passing month of inaction and
i ndeci si on, we are forgoi ng preci ous
opportunities to make representations and
participate in law-making.
MAHARASHTRA SOCI ETI ES WELFARE
ASSOCIATION (MSWA) HAS ORGANIZED
ANOTHER FULL- DAY BASI C TRAI NI NG
PROGRAM I N CHS LAWS i . e. Vari ous
i mpl i cat i ons of 97t h Const i t ut i onal
Amendment , Amended Maharas ht ra
Cooperative Societies Act, and Model Bye-laws
DATE & TIME: Sunday, 23th June, 9.30 am To
6.15 pm.
VENUE: All India Institute for Local Self
Government, Juhu-gully, Andheri West.
Come, let us discuss and understand. Remember,
knowledge is power. Also, ignorance may be bliss,
but when the time comes for tough consequences,
ignorance of the law is not an excuse!
WHO MUST ATTEND?
Managing committee members of Housing
Societies, as they will have to make many
adjustments in their style of working due to
sweeping changes in the Maharashtra Co-
operative Societies (MCS) Act, 1960 and New
Model Bye-laws. Henceforth, elections must be
held under supervision of the State Co-
operatives Election Authority, and statutory
returns need to be filed to the Registrar, failing
which the managing committee will be
disqualified and debarred.
MSWAs Housing Societies Review 33 June 2013

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MSWAs Housing Societies Review 34 June 2013
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
many rights and privileges.
Women, 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 also
guide the office-bearers.
The penalties for negligence and failure are
steep! Professionals must have a thorough grip
of new laws and rules.
REGISTRATION FEES Rs 1,900/-per head.
DISCOUNTS: Two or more members attending
from the same society Rs 1,600/- per head
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, etc.
To register, contact Mr Vishal Bamne on
9823911027 or 42551414, or email on
mswa.hsg@gmail.com.
TOPICS TO BE COVERED:
Historical background of co-operative
movement, land owners' societies & housing
societies
Objectives & scope of 97th Constitutional
Amendment
MCS (Amendment) Ordinance 2013
New features of amended MCS Act 1960,
their Impacts on co-operative enterprises
and on housing societies
New model bye-laws for CHS, highlights &
impacts
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
Rul es, f i l i ng of Annual Ret urns &
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 about
MCS Act, how to create a public campaign
to inform, educate & participate
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