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March 2017 Vol. 10 Issue 12 Price : ` 25/- For Gruhkranti NewsVisit : www.ahwoi.org Total Pages : 44

1) Building Repair & Restoration.

2) Building Waterproofing.

3) Building Painting & Coating.

4) Building Structural Audit

OUR SERVICES:

MSWA’s Housing Societies Review 03 March 2017


&

For General Housing Societyrelated queries, Contact MSWA

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

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

Circulate among Friends and other members of the Society

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

MOST IMPORTANT

RAMESH PRABHU Chairman, MSWA

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

FreeRs. 1150/-

MANAGING EDITORSMr. V. Viswanathan 9890187344

EDITORIAL BOARD

Mr. S. R. Desai

Mr. Naresh Pai

CA. Vishal Gala

Adv. Arun Bendkhale

9820687418

9850822472

9819513758

02242551414

CONTENT Page

Election Rights of Associate Members of CHS 06,

Why Conveyance is A Must 08,

Separate Chapter on Housing Law 14,

Redevelopment - Under RERA 18,

RERA Nutshell 20,

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Continue on Page No. 12

Dear Members,

Compliments of the Season!

There is an heartening news to MSWA

fraternity that Government of Maharashtra t hissued a Circular dated 10 Feb 2017

announcing the formation of a Committee for making study based

recommendations for a separate chapter on decadesold MCS

Act 1960. MSWA Chairman has been appointed on this Committee

by the State Government as an Active Member looking at his

expertise & in-depth knowledge in Housing Societies matters. This

is not less than a shot in the arm to MSWA as it is trying to do its best

to the Housing Sector. In view of this, MSWA, in the sole interest of

making Housing Society Members all over the State has

commenced holding Stakeholder-Consultation meetings regularly

across the State.

To begin with MSWA arranged its �irst meeting in Aurangabad on

2nd March 2017 to be followed in Pune / Ahmednagar and other

centres across the State over a period of time. Kindly refer meeting

scheduled elsewhere in this issue and email your queries /

suggestions to us which will be promptly attended to by MSWA.

You are cordially invited to attend / participate in these meetings

and offer your suggestions thereof, which very much count in-over

all improvement in the Act.

Also, you are cordially invited to Country's �irst & only Trade Show

Platform for Co-operative Housing Society Management i.e.,

Housing Society Management Show-2017 (Exhibition / th

Conference / Meetings) in Nehru Centre, Worli, Mumbai from 10 thto 12 March 2017 between 10:00 AM to 6:00 PM. In this event

you can interact with professional services, products & solutions in

more than 40 categories to make your Housing Society greener,

ef�icient, safer, cleaner and a better living space.


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ELECTION RIGHTS OF ASSOCIATE MEMBERS OF CHSCan an associate member of a cooperative housing society, whose name is second in the share certi�icate, stand for the election of the managing committee. If so, are there any formalities to be done? Can an associate member become an of�ice bearer of the society if elected to the managing committee?

— Samip Kenney, Andheri

An associate member is a person whose name

stands second or third and so on in the share

certi�icate. As per the New Model Bye-laws of 2014,

a person whose is the co-owner or joint owner of

the �lat only can be admitted as the associate

member.

Entries of the associate member in the share

certi�icate, in the statutory records like I form

register, J form register, share register, etc are the

conclusive evidence of having admitted as the

associate member.

Therefore, the Maharashtra State Co-operative

Election Authority has issued a clari�ication that, if

any person’s name is incorporated in the share

certi�icate as associate member, such an associate

member will be entitled to vote and contest in the

election to the Managing Committee. The returning

of�icer is not supposed to travel beyond the voter

list provided by the society and is approved by the

registrar.

The societies after adopting Bye-laws of 2014, need

to advice the associate member whose name stands

second or third without having any rights in the

property to acquire such rights as contemplated

- Expert speak -

CA. Ramesh S Prabhu

Email your queries related to any housing

issue and legal matter on [email protected]

under section 26 of t h e a m e n d e d M a h a r a s h t r a C o -operative Societies Act, 1960 within a prescribed period.

If such right, title and interest in the property is not acquired within the speci�ied time, the society may by passing an appropriate resolution remove such associate members name from the share certi�icate and other records.

Till names of such associate members are removed from the share certi�icate and other statutory records by adopting the necessary formalities and giving a proper opportunities, such associate members are entitled to vote and contest the election.

In order to contest the election, the associate member needs to submit form No. 10A (No objection certi�icate from the �irst member) as provided in the Bye-laws to contest the election to the managing committee. If such an associate member gets elected, he or she may become the of�ice bearer.


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WHY CONVEYANCE IS A MUST

CA. Ramesh S PrabhuM- 9820106766

Most property owners feel their job is complete once the purchase formalities are over. But, obtaining conveyance is an equally important aspect home buyers often ignore. Ramesh S. Prabhu explains its signi�icance

There have been numerous

cases of home buyers being

unable to exercise a number of

rights on property, resulting

in issues between the property buyers and

builders. The reason behind the discrepancy is

often the fact that conveyance of the property has

not been obtained.

What is conveyance?

In real estate transaction, �lats are sold by the

builder under the Maharashtra Ownership Flats

Act, 1963. As per section 10 of MOFA, 1963, the

builders and the �lat owners register a co-

operative Housing Society under Maharashtra Co-

operative Societies Act, 1960 to manage the

complex by the �lat owners themselves. The main

objective of housing society is to obtain the

conveyance of land and building, maintain the

same and provide common services like water,

parking, security etc to the �lat owners as collective

legal entity.

The conveyance of land and building is done in

favour of the society as the individual �lat owners

cannot be conveyed the undivided right, title and

interest in the land, building and the common

areas. As per section 11 of MOFA read with Rule 9

within 4 months of registration of legal body of the

�lat purchasers are legally bound to convey the land

and the building to such legal entity.

Conveyance Deed

Conveyance Deed is a document in writing between

the vendor / seller / transferor and the purchaser /

transferee evidencing the transfer of right, title and

interest in the movable or immovable property in

favour of the purchaser / transferee or the legal

body formed by the �lat purchasers.

This document has to be executed by af�ixing

proper stamp duty as per applicable stamp act,

incorporating the legal provisions of the applicable

Acts such as Transfer of Property Act, 1882,

Registration Act 1908, Indian Contract Act, 1872,

Income Tax Act, 1961, Maharashtra Ownership

Flat Act, 1963 etc.


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

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Bye-Laws of Cooperative Housing Societies

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Objective of ConveyanceI To become legal owners Any movable/ immovable property ownership is identi�ied on the basis of title documents for example; immovable properties are recorded and identi�ied on the basis of Survey No., Hissa No. and such other identity marks in government records. When such identity marks are recorded in the title document (Conveyance Deed) and such documents are duly stamped and registered with appropriate authorities and such authorities notify the transfer of right, title and interest in the property in favour of purchaser / transferee, then it is conclusive evidence of ownership of such property.

ii) To make entries in government recordsWhen the property transactions are recorded in government records, it becomes conclusive evidence of ownership of property. To make entries in government records, a Conveyance Deed has to be executed as explained above. For example - Property card, 7/12 ledger extract (mutation entry), 6/12 ledger extract (hakkache patra – letter of derivation of rights)

Advantages of ConveyanceA) Getting the proper titleWhen the land and building is conveyed in the name of the purchaser / society, the purchaser /society gets proper title of the property which means the property gets transferred in his/its name. All future municipal tax bills are drawn in their names.

B) Retaining additional FSI/TDRA plot of land has a development potential in terms of Floor Space Index (FSI). The FSI in respect of a plot of land denotes the square meter area which can be constructed upon that plot of land. It varies depending upon the location and user zone of the plot. The bene�it of this F.S.I. can be availed by Housing Society only when conveyance of land and building is completed and transferred in favour of the Society.

C) Property will be free and marketable:On registration of the society, the possession of the land and building is vested with the society. The society starts maintaining the property as per the

provision of the registered bye-laws. However, the land and building continues to be in the name of or ig inal owner. Thus , when a part icular person/society has paid full consideration and is in possession of the property but the title documents are continued in the original owners' name, the purchaser will not have a free and marketable title on the said property. It is only after proper conveyance that the purchaser will derive free and marketable title over the property.

D) Loan can be raised by mortgageWhen the society wants to undertake major repairs and requires huge funds, the society would be looking for �inancial assistance from bank or other �inancial institution. If the property is standing in the original owners name and the Conveyance is pending, the loan will not be granted by the lender as the same cannot be mortgaged by the society.

E) Permission for reconstruction of propertyOnce the conveyance is completed, the society can obtain No objection Certi�icate for reconstruction of the building from the respective town planning sections of municipal authorities. If Conveyance is pending, the society may have to approach the o r i g i n a l o w n e r s f o r t h e i r c o n s e n t f o r reconstruction and the original owner may not agree to the proposal of the Society or the owner may not be available or may ask for additional compensation and delay the reconstruction proposal. When all the �lat owners have paid the full consideration to the builder, it is advisable to obtain the Conveyance at the earliest.

F) Construct additional �loors by TDRThe society can construct additional �loor by availing TDR subject to having load bearing / sustaining capacity. This is possible only when Conveyance is completed.

G) Receive compensation on development When Conveyance is completed, the society can reconstruct entire building with additional FSI and by purchasing TDR from others. If the land is located in the prime area, builders / developers wo u l d c o m e fo r wa rd w i t h a l l n e c e s s a r y permissions and also offer additional area to the exiting �lat owners.


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They may also receive additional compensation. When the society is having additional FSI, the same may be transferred in the form of TDR and compensation for the same received. These are all possible only when Conveyance is completed; otherwise the entire bene�it will go to the owner / builder.

H) Complying with legal provision As per section 11 of Maharashtra Ownership Flat Act, 1963, a promoter shall take all the necessary steps to complete his title and convey the land and building in favour of the registered organisation of �lat purchasers. By completing the Conveyance, a

legal obligation on the part of builder will be

complete.

I) Attaining main objects of society registration

As per model Bye Law No.5 – the main object of the

Registration of the Society is to obtain Conveyance

from the owner/promoter (builder), in accordance

with the provisions of the Ownership Flats Act and

the rules made there under, of the right, title and

interest in the land with building/buildings

thereon. The details of the land and building of

which the Conveyance has to be obtained is also

given in the said bye-law.

Continued from Page No. 3

An interactive sessions is organized thereof where you can voice your opinion and offer creative / helpful suggestions which do matter. I am sure when you walk-out from this venue after participating in HSMS Show-2017 and in the meetings / talks etc you will feel empowered and richer in the knowledge of society related things than when you walked-into for the day-long Exhibition spread over three days. Number of dignitaries / experts / seasoned speakers in society related matters would attend this show and enlighten you thereof. Please do visit along with Committee Members of your Housing Society and for any details thereof, please refer a write-up published about HSMS-2017 published elsewhere in this very issue.

Meanwhile, MSWA is awaiting submitting of �inal report by end-March 2017 from the Municipal Commissioner, BMC on Development Plan / DC Regulations for Mumbai to the State Government for its perusal and implementation thereof that is overdue now.

Real Estate Regulation Act: It is of�icially learnt that RERA shall be introduced with effect from May day 2017 without any chance for changing its conditions. The sole purpose of this is to bring along the much needed transparency that was main concern earlier while buying the property from the

stBuilders. In fact form 1 May 2017 this shall be an Act across the country where it will be mandatory for the builders to strictly conform to the standards / rules / prescribed / regulations on the part of

builders and follow the due process of law thereof. Failure to do so and on learning the unethical means and unfair practice on the part of parties involved shall 'face the music' the Government has cautioned the concerned. The sole purpose of RERA is to safeguard the buyers' interest and the Builders' conforming to these Act will ensure this RERA Act will be success indeed.

MSWA is continuing its efforts to provide much required mandatory Educational Training to all members of Housing Society pursuant to Section-24(A) of the Maharashtra Societies Act, 1960, apart from regularly holding conferences in the societies / various venues across Mumbai and also in its of�ice premises on a regular basis in the interest of hassle-free society management by its members themselves. Also, MSWA will continue to offer free legal counseling to all its bona�ide members on Saturdays subject to prior con�irmed appointments during the of�ice hours thereof. All members can avail this opportunity and to inform their neighboring societies about this so that they too shall get maximum bene�it of free legal advice. Please continue to watch MSWA News Channel / Videos uploaded on You Tube / Face Book for the latest updates in society issues across the state and enrich your knowledge in society affairs. Wishing you & family Joyous GUDI PADWA GREETINGS and Happy reading of edifying MSWA's Housing Society Review – as ever and as usual. CA Ramesh Prabhu, Chairman – MSWAEmail [email protected]


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SEPARATE CHAPTER ON HOUSING LAW

In respect of to form a Committee for making

recommendations to the Government by making

study regarding inclusion of separate chapter for

Co-operating Housing Societies in the Maharashtra

Co-operative Societies Act 1960.

Government of Maharashtra

Co-operation, Marketing & Textile Department, Govt. Resolution No. CSL-2017/C.S.No.11/13-SthMantralaya, Mumbai – 400032. Date:- 10 February, 2017

Introduction:-

Since there are large number of Co-operative Housing Societies in the State, and it would further increase in future due to the urbanization. Working and problems of the Co-operative Housing Societies are different from other Co-operative Societies. On this background, for working and

administration of the Co-operative Housing S o c i e t i e s b e c o m e s i m p l i f y, d i s t i n c t a n d consummative, formation of the Committee for making recommendations by making study in respect of to include separate chapter in the Maharashtra Co-operative Societies Act 1960 was under considerat ion of the Government . Accordingly the following decision has been taken.

Government Resolution:-

Following Committee has been formed for making recommendation to the Government by making study

in respect of to include separate chapter for Co-operative Housing Societies in the Maharashtra Co-

operative Societies Act 1960.

Sr.

No.

Name Designation Designation on

the Committee

1. Shri Sandip Deshmukh Jt. Registrar, Co -op. Socy. SRA, Bandra Chairman 2. Shri Mohammed Arif Divisional Jt. Registrar, Co -op. Societies,

Mumbai Division, Mumbai

Member

3.

Shri Sheshrao Sangale

Retired Addl. Registrar, Co -op. Societies

Member

4.

Shri Subhash Patil

Retired Jt. Registrar, Co -op. Societies

Member

5.

Shri Dilip Udhan

Dist. Dy. Registrar, Co -op. Societies, Thane

Member 6.

Shri Rajkumar Patil

Dy. Registrar, Co -op. Societies , Borivali

Member

7.

Shri Ramesh Prabhu

Chairman, MSWA, Mumbai

Member

8.

Shri Chaya Aajgaonkar

Chairman, Housing Federation

Member

9.

Shri Sopan Shinde

Dy. Registrar, Of�ice of the Commissioner,

Co-operation and Registrar, Pune

Member

10.

Shri Kailas Jebale

Dy. Registrar, Co -op. Societies N Ward,

Mumbai

Member

Secretary

2. Area of operation of the committee determined as follow:-

To prepare separate chapter comprising all-inclusive provisions to be included in the Maharashtra Co-operative Societies Act 1960 in

view of to make working, management and monitoring of the Co-operative Housing Societies in t h e s t a t e b e c o m e s i m p l i f y, d i s t i n c t a n d consummate.

3. While preparing separate chapter as


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mentioned in above (2) the provisions as

necessary should be included in the chapter by

studying following matters:-

Provisions in existing law regarding transfer of

land ownership in view of the deemed

conveyance. To form controlling/Authority Co-operative

Housing Society for working system of the Co-

operative Housing Societies and its monitoring. To suggest changes in the existing provisions

regarding election of the Co-operative Housing

Societies. M e a s u re m e n t s t o b e a d o p t e d fo r t h e

management of the building of the Co-operative

Housing Societies and its repairing and also to

redressed members complaints. To make expected changes in the Act in view of

to make co-operation movement more and

more people oriented by studying the existing

and outdated provisions in the Maharashtra Co-

operative Societies Act 1960 applicable to the

Co-operative Housing Societies. By studying the judgment given by the Hon'ble

Court time to time and provisions in other law in

respect of the Co-operative Housing Societies,

the matters which are applicable to the Co-

operative Housing Societies, should be included

in the said chapter with proper modi�ication. By studying the type of Co-operative Housing

Societies for e.g. �lats, Bunglow, plot etc.

inclusion of appropriate provisions for such

societies in the said chapter. Incidental to the provisions included in the said

separate chapter by the committee, to suggest

expected changes in the Maharashtra

Ownership of Flats (Regulation of the

Promotion of Construction, Sale, Management

and transfer) Act 1963 or in other concerned

law, and accordingly to prepare draft in that

respect.

4. The Committee should make deliberation with

the experts in Co-operative Housing Societies,

social institutions working with such societies and

similarly other organization in respect of the

dif�iculties came across in the working of the Co-

operative Housing Societies, and the measures to be adopted to solving the same.

5. The Committee is free to invite experts, lawyers etc. concerning to the housing societies for effectively handling the responsibility of preparing the chapter as above.

6. Considering the exhaustive nature of work of the Housing Societies, the committee can form matter wise or division wise study group if required.

7. Incidental to the area of operation mentioned above paragraph no. 2, the copies of the minutes of the meeting called by the committee from time to time and similar draft of the proposed provisions to be included in Mah. Co-op. Socy. Act 1960, the draft of the chapter should be submitted to the government within one menthe of the date of formation of the Committee.

8. The said G.R. is available on Govt. Website www.maharashtra.gov.in , In the name and order of the Governor of Maharashtra.

Sd/-(Anil Choudhary)Desk Of�icer, Govt of Maharashtra


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REDEVELOPMENT UNDER RERA

New Rules viz. the Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate agents, Rates of Interest and Disclosures on

stWebsite) Rules 2016 will come into force from 1 May 2017. People have many doubts in their mind considering to these rules. One among these is Redevelopment. Now-a-days Redevelopment is a booming issue in the Real Estate. People are doubtful that Redevelopment will cover in the RERA Act. But don't worry you have a remedy under RERA. Whether you have purchased a �lat in Redevelopment project or you are one of the original “Rehab Component” resident, you can approach the Real Estate Regulatory Authority of Maharashtra for legal relief and remedies.

When we talk about Redevelopment, it is composite Redevelopment. Existing people whom the �lats are going to be allotted and there is always new buyers. An Act provides for allottees. The building where the IOD has been received in the case of Redevelopment and there are some units which are required to be sold, they will be required to be registered. And one it is registered under the RERA all the grievances of the existing �lat owners or allottees will de�initely have a remedy and Regulatory Authority will have to hear them and give the necessary word to it.

RERA covers all types of stake holders. We are talking about promoters. Who is promoter? Promoter includes land owners. The land owner means in the case of Redevelopment , a housing

society. Who is giving the developer a right to construct and sale the �lat. If a society gives a contract to a wrong person and if he sales the �lat to an outsider, the consumer need to be protected. Therefore while choosing the developer, you should be very much careful and the land owner i.e. housing society is also cover under RERA.

What type of development is covered under RERA? Commercial, Residential, even if the plots are made and it is sold by the builder that is also covered. Very surprisingly the RERA also covered various Government agencies who are engaged in constructing and selling activities. Whether it is MHADA, BMC, CIDCO everybody is covered. If a housing society which going to be registered for purchase of giving the houses to the members even that society is also covered under RERA. The land owner is also considered part of the promoter.

In the case of Redevelopment what can happen is supposed in the expectation that they get 40% extra area. They have appoint a wrong developer. After developing he has booked more �lats, he has done lot of violations, the society later on if they appoint new developer, they may loose even 40%. They may get what they are already get it. Because that 40% extra may go into �illing of loss made by the wrong selection of the developer. So the society ones RERA come into effect they should be very careful while selecting the developer under RERA. As I said earlier even under the Redevelopment the existing members are called allottees.

CA. Ramesh S Prabhu,Chairman, MSWAM- 9820106766


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Therefore they have remedies and they can be compensated. Similarly the early birds investors who have booked the �lats in the Redevelopment naturally they are consumers and they are also covered under RERA the existing members who are given certain area as a free component and over and above if they are able to purchase 5 sq.ft. to 10 sq.ft. extra area naturally they are also coming as a

REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 & Rules IN NUTSHELL

consumer and therefore they can get complete remedy under RERA.

Our next topic on RERA will be (1) Flat Buyers Possession (2) General topics on RERA

For More updates related to above subject you can also visit MSWA NEWS Channel on YouTube.

THE SALIENT FEATURES OF THE RERDA-2016

To Establish a Regulator : by Appropriate Govt: For each State by respective State Govt For Union Territories by Central Govt

Accreditation : By Mandatory registration of : Real Estate Projects by Promoters & Real Estate Agents

Mandatory public disclosure norms : Details of developer, Details of the project, land status , statutory approvals & contractual obligations;

Obligations of promoters : Register the project with the authority before

sale. A d h e r e t o a p p r o v e d p l a n s & p r o j e c t

speci�ications, Publish complete details of projects on website. Deposit 70% of funds in a separate bank

account, to be used for that real estate project

only after certifying by CA, Engr and Arch. to refund moneys in cases of default; Update website with quarterly information on

sale and progress Get the accounts Audited by CA within 6 months. Register the Agreement on receipt of 10% of

amount Submit all the inform about project

from time to time to RERA.

Obligation of allottee : To make necessary payments and

payment of interest in case

of any delay;

The Authority to act as the

nodal agency :

To co-ordinate efforts in

development of the sector

To render advice to the appropriate Govt. to

ensure the growth and promotion of a

transparent, ef�icient and competitive real

estate sector;

To establish dispute resolution mechanisms for

settling disputes between promoters and

allottees / buyers;

Powers to make Act, Rules, Regulations,

Direction etc:

Central Act uniform across India except J & K;

States to have powers to make rules

Regulatory Authority to make regulations;

Central Government to issue directions to

States.

Dispute resolution mechanisms:

Adjudicating of�icer to assess damages

Regulatory Authority to settle any Disputes

Real Estate Appellate Tribunal to hear appeals

Jurisdiction of Civil Courts barred

Consumer Courts to continue.

Penal provisions :

To ensure compliance of Provisions of Act

To Comply with orders of the Adjudicating

of�icer, Authority and Tribunal

Naresh Pai, Consultant MSWAM - 98508 22472


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MSWA Campaign for BETTER HOUSING LAWS

CALL US NOW:

022-4255 1414

4255 [email protected]

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

MAHARASHTRA SOCIETIES WELFARE ASSOCIATION (MSWA)H. O. : A-2/302, Laram Centre, Near Bus Depot, Opp. Andheri Rly. Stn., S. V. Road, Andheri (W), Mumbai - 400 058.

“ Do you think big CHANGES ARE NEEDED in the way HOUSING SOCIETIES

are being managed? ”

Are you dissatisfied with remedies provided to you under

Maharashtra Cooperative Societies Act 1960?

TELL US WHAT CHANGES ARE NEEDED IN HOUSING LAWS.WE ARE LISTENING, AND WE WILL ACT.

MSWA, led by CA Ramesh Prabhu, will convey your valued opinions to Govt. of Maharashtra's special committee set up for change!

We will advocate your cause for making changes.

E-mail : / WhatsApp : [email protected]

PLE

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THIS

YO

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022&4255 1414

4255 1424


Sr. No.

Nature/ functions/ duties Bye laws No.

THINGS TO BECOMPLIED WITH

Reference

1 To Obtain the Conveyance from the Owner/Promoter (Builder) in favour of the Society

5(a) 1.To follow up with builder 2. Follow up with Advocate 3.Report the Committee on progress

1. Conveyance book. 2. Model conveyance �ile. 3.Checklist of documents

2.

To Manage, maintain and Administer the Property of the Society

To inspect the property and carry out the repair as per the complaint of the member or his own observation

(i) Leakage in between the �lats

(ii) Drainage chokeup, leakage, break up etc (iii) Cleanliness of water tanks

(iv) Compound water

�low drainage cleaning (v) Lift repairing

(vi) Electric points repairing/replacing (vii) Intercom repairs and attending

complaints

(viii) Breaking of property

by some members and getting the same replaced/repaired

(ix) Rain water leakage, seepage, terrace water proo�ing etc.

5(b)

158

159,

1.Inspection report to be prepared

2.Receive complaints of leakages/ repairs

3. Carry

out repairs as per rules of the Society.

4. Inform about the work to be carried out and obtain approval of the committee/ secretary

5.Maintain separate �ile for each type of repairs

1. Insp. Report format.

2.Different Repair manuals/ Procedures

3.Approval memo

4. Different type of specimen letters

3.

Obtaining the insurance and the renewal thereof every year

160

To incorporate in the agenda of the committee meeting for Insurance

at least one month in advance

1.Monthly /Yearly calendar

to be �illed and action taken to be recorded.

4.

To undertake and provide for, on its own account or jointly with a co-operative institution, social cultural or creative activities.

5(d)

1.Prepare a circular

2.Collect money for function

3.Make arrangements

4. Keep record of expenses.

1.Circular formats

2.Arrangements sheet.

3.Record formats

Adv. Ankita Raut

022 - 4255 1414

FUNCTION/ DUTIES OF THE SOCIETY MANAGER

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


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5. To become the member of the Federation 6 1.Federation Correspondences 2.Share certi�icates 3.Pay Annual Sub. 4.Maintain �ile of Housing Times

1.Federation forms. 2.Manual on Federation services.

6

To become the member of the Mumbai District Central Bank

6

1.Share certi�icate

2. Correspondence �ile

1.Bank forms

2.Procedure to become member

7.

To become the member of the Local area associations

6

1.Find out the names of the association and its bene�its to the society

2.Pursue the society to become member

3.Pay such associations fees

1.Report on the association to place before committee

2.Procedure to be followed

8

To issue Share Certi�icates to members After receiving all the papers

9 and 10

1.Applications for membership

2.Collection of share money

3.Preparation of certi�icates

4.Obtain Acknowledgment

1. Model documents to be obtained

2. Procedure to issue shares

9.

To monitor

and create Reserve fund and investment thereof

12 and 15

1.Report to the secretary about the reserve fund to be invested

2. Obtain applications

3. Keep proper custody of certi�icates

1. Investment procedure guidelines.

10.

To monitor and create Repairs and Maintenance fund

13(a) and 15

1.Report about Repair fund collected

2. Repair Expense

incurred

3. Balance available

4. Investment to be done

1. Report format

2. Investment formalities guidelines

11.

To Monitor and create Major repair charges and spending thereof

13(b) and 15

1.To obtain the estimate for different types of repairs

2. Appraise the committee

3. Keep record of expenses

1. Repairs completion manual

12 To Monitor and create Sinking fund and investment thereof

13(c) and 15

1.Sinking fund register

2. Make regularinvestments

1. Raising and utilization of sinking fundmanual


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13 To receive and scrutinize the application for transfer, transmission, recommend for transfer by report, collect transfer fees, entrance fees, documents, transfer premium etc. and record in the share certi�icate, relevant registers etc.

19(a)19(b)19(c)

1.Receive Applications

2. Verify from check list

3. Obtain Legal Advisor Certi�icate

4. Place before Meeting

5. Transfer certi�icate

1. Model Transfer set

2. Transfer procedure Manual

3. Circulars and Noti�ications.

14

To receive applications for associate membership, record in the books, share certi�icate etc,.

19(b)

Assign to two members

15.

To admit the nominal members

20


16.

To provide the copies of bye-laws of the society for a price

22(B)

Assign to one members

17.

To allow the member to inspect the records as per the section 32(1) of the Maharashtra

Co-

op. Societies Act, 1960

23


18

To provide the copies of the records demanded by the member as per section 32(2)

of the Maharashtra Co-op. Societies Act,

1960

23(b)


19 To monitor and supervise the occupation of the �lat by the member or others and submit the report to the committee

24 Assign to two members

20. To Monitor and use of the �lat by the members or others for the purpose for which the same was purchased

24 Assign to two members

21. Review the case of resignation of the members 27 Assign to two members 22.

To receive fresh nominations or rev ocation of earlier nominations from the members, verify the form, give due acknowledgment, record the nominations in the minutes and the nomination register and maintain the �ile of nomination forms etc.

32 & 33


23.

To transfer the shares and interest of the deceased member to the nominee

34 &36


24.

To transfer the share and interest where there is no nominations

35 & 37


25.

To receive the transfer cases, scrutinize the transfer set, collect necessary fees and submit

the report to the committee etc

38 & 39

Assign to three

members

26.

To issue letter of transfer and the eligibility to exercise the rights of the members to the transferee ( New member)

40

Assign to one member

27.

To receive the applications for exchange of �lat, complete the formalities

etc

41 & 42


28.

To receive

the application for sub-letting of the �lats, complete all procedure and submit the report to the committee with recommendation and reasons

43


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


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MSWA Activities – February - 2017n the wake of Maharashtra Government's Idecision for forming of a Committee for making study based recommendations for a separate

chapter on age-old Maharashtra Societies Act, 1960, in which MSWA Chairman has been appointed due to his expertise therein as an Active Member in the Committee thereof, your Association has commenced to hold series of meetings on Better Co-operative Housing Law in 2-Tier cities across the State over the next three

ndmonths. To begin with on 2 March 2017 an event has been organized in Aurangabad and thereafter that will be taken to other cities in Maharashtra. Your active participation with suggestions / objections etc are crucial and does really matter. The sole purpose of these meetings is to awaken and empower the residents in the Housing Societies who are hardly aware of their own rights, its Rules / Regulations etc and also help smooth running of the Society Management thereof.

MSWA is uploading number of new videos on its website on this topic apart from the ones like MCS Act, Rules, Compulsory Educational Training to be provided to Housing Society members and Committees thereof. MSWA is keen to come to your door-steps to hold this training programme in society premises itself with prior arrangements / appointment. The professional charges for holding such Training Programme would be Rs. 5,750/- per society and the bona�ide MSWA member societies are allowed further discount in the fees as gesture from MSWA. A Certi�icate of Participation, which is mandatory, as per the Government Circular, would be issued to all the participating societies on payment of the fees.

You are also at liberty to gather some of your neighbouring societies and on your con�irming us thereby by an email their participation in a nearby venue MSWA will provide the said training and each society will have to pay the prescribed fees cited hereinabove. In case the society members who like to participate and avail the training but are unable to make it in their society premises, in that event, they are welcome to our of�ice with prior

appointment, where the training would be

provided by the experts to a maximum �ifteen

participants due to constrain of space. However,

the fees would remain same. Please log on to

www.mswa.co.in for latest information on societies

related issues / information. Please join our

WhatsApp Group and post your societies related

queries and obtain clari�ications thereof.

MSWA will continue to hold number of seminars /

workshops / talks across Mumbai / Thane on topics

like MCS Act , Rules, Society Management,

Redevelopment of Societies, Self Development by

s o c i e t i e s , D e e m e d C o nve ya n c e , Re g u l a r

Conveyance, Adjudication matters, Stamp Duty

Payment / Registration, Leave & License, Drawing

of Will, Society Recovery procedures, Adoption of

Model Bye-Laws, Transfer of �lats, Civic Issues, R T I

Act 2005, Safety & Security in Societies, Structural

Audit, Fire Audit, Project Management Consultants,

Societies Services like preparing bills, carrying

audit, �iling I T Returns, Parking issues etc.

Seminar in Andheri and Dombivali on 26

February 2017

MSWA did conduct a Seminar organized by

'Sahakar Bharati Prashihkshan Sahakari Sanstha

Ltd, Karad with the support of Registrar of Co-

operative Societies for training the Committee

Members/ general members of the Housing

Societies in and around Andheri and Dombivali

areas.

MSWA Chairman CA Ramesh Prabhu, CA

Chandrashekhar Iyer and Mr Naresh Pai thrown

light on various societies related topics in the

Training at Andheri , Adv Anita Mahadik, Adv

Jagruti and Mr Vinayak Rane in Dombivali had

interaction with audience on various society issues

which have been suitably.

Web: www.mswa.co.in


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 proper ty paper before

handover to society.

PRABHU REDKAR PROJECT MANAGEMENT CONSULTANTS

A/2, 302, Laram Center, Opp. Railway Station, Andheri (w), Mumbai - 400058. Tel. No- 022 - 4255 1414/2624 8589/2624 8565

11/12 Balgovind Estate, New Prabhadevi Road, Prabhadevi, Mumbai 400025. Tel. No.- 022 - 2431 4404


FAQs on SALE AND PURCHASE OF

IMMOVABLE PROPERTY

Adv. Anisha Shastri

022 - 42551439Q.1. What are the stages involved in a transfer of

immovable property by sale and / or purchase?

Ans.

NEGOTIATION STAGE : Before an Agreement for

Sale is made, the parties; i.e., the Vendors and the

Purchasers negotiate the consideration &

obligations / responsibilities of each party for the

sale of the property; i.e., they basically discuss all

the commercial terms involved in the transaction.

In India, oral agreements are also recognized to an

extent; however, the same is not recognized in

various countries. At times, the realtors are

required to testify the oral agreements.

CONTRACTUAL STAGE :

A g r e e m e n t f o r S a l e / M e m o r a n d u m o f

Understanding/ Letter of Intent Section 54 of

the Transfer of Property Act, 1882, de�ines a

“Contract for Sale” as a contract that a sale of

such property shall take place on terms and

conditions as stated in the Agreement entered

into between the parties.

An Agreement for Sale/Memorandum of

Understanding/Letter of Intent / Agreement to

sell do not, by itself, create any interest in or

charge on, such property. It is a document

setting out the commercial terms between the

parties and obligation for the sale/purchase of

the property.

Thus, such a document creates a right to obtain

another document in the form of a sale deed to

be registered in accordance with law.

The document creates a right in personam and

not in estate. Such personal right created against

the vendor to obtain speci�ic performance can

ultimately bind any subsequent Purchaser who

obtains the transfer of property with notice of

the Agreement for Sale. This document creates

binding between the parties to complete the

transaction as may be consummated therein.

Escrow : Escrow is a legal

arrangement whereby an

asset such as funds, deed of

title or other instrument between two parties is

delivered to a third party (called an Escrow

Agent), to be held in trust or otherwise pending

a contingency or the ful�ilment of a condition or

conditions in a contract. Upon that event

occurring, the Escrow Agent will deliver the

asset to the proper recipient, otherwise the

Escrow Agent is bound by his or her �iduciary

duty to maintain and safeguard the escrow

account. Under this arrangement usually the

Escrow Agent enters into an Agreement

between the parties and follows the guidelines

stated in the said Agreement.

TITLE INVESTIGATION STAGE

Public Notice : The lawyers of the Purchasers

give a Public Notice in leading newspapers

giving a description of the property and inviting

objections/claim from the public in relation to

the sale/acquisition of any rights in the said

property.

Veri�ication of Title

Usually lawyers of the Purchasers conduct a title

veri�ication of the property after inspecting the

original title documents of the property.

Searches are made in the of�ices of Government

records or other revenue authorities. The

aforesaid exercises are conducted in- order to

verify whether there are any mortgages/

charges and / or encumbrances created or any

other claims are subsisting or whether any lis

pendens notice is registered and whether the

property stands in the name of the Vendor in the

Government records.

After the title has been investigated and

accepted as 'marketable' , the document of

transfer is prepared, approved and executed by

the Parties. In general where a huge transaction


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your project.AND THEN:

Held us responsible for 5-10 years, both Technically and Financially for any defects arising in Structural Repair & Water Proofing work done by us.

OUR SERVICES INCLUDE:Inspection: By using N.D.T. instruments, detailed report with technical advice & Phase wise Estimate.Structural Audit: As required under new byelaws with lling of PROFORMA “B”Tender Document: With detail Tech. specications, Bill of Quantities, Work Order with Contract & Service Guarantee Agreement, Day to Day basis Quality checks & checks on material consumption. REDEVELOPMENT: FROM FEASIBILTY REPORT TO OCCUPATION CERTIFICATE

WE AREGovt.registered valuers, architectural & TDR Service provider, Member of American Concrete Institute & Indian Society of Structural Engineers. Court commissioner to assist the Court in resolving the disputes among the society members. Consultant for more than 10,000 housing / Ind. Units.

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Ph : 40039355 (6 lines),28888702 Mobiles: Mithilesh Dalvi -9833312519, 9819624785

H.O.:- 4, 1st floor, Chandrakant Apt., Opp. Hanuman Mandir, Shreyas Colony, Goregaon (E), Mumbai - 63.,

Tel Nos.:- 9930344006, 99304 40047 / 9930999312, 29272735 / 29272382,

E-mail :- [email protected]

NEO-TECH CONSULTANTS SINCE 1990

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Structural audit as per BMC norms.

Building Repairing

Redevelopment (79 A)

Self Development (loan facility available)

Other services like providing Lift , Stack parking, Deemed Conveyance


is concerned the Purchasers may demand for a title certi�icate from the Vendors Lawyer.

PAYMENT OF STAMP DUTY: Stamp duty is a State Government tax which is payable when an immovable property is sold/purchased by the party who has agreed to bear the same under the contract . Stamp duty is calculated on the consideration mentioned in the document or True Market Value, whichever is higher. Each State and territory has a different Stamp Act and therefore the stamp duty payment varies from State to State and time to time.

The Market Value is determined as per the Ready Reckoner, which is revised every year by the Government. The Bombay Stamp Act, 1958 provides that the amount of stamp duty calculated for a transaction of conveyance shall be as per the provisions of Article 25 in Schedule I.

The documents are required to be stamped prior to the execution of the same. The Stamp Act provides that the documents can be stamped within 24 hours from the date of execution.

COMPLETION STAGE : This Stage involves the execution of the Sale Deed/ Deed of Conveyance/ Deed of Transfer. The sale (transfer) deed is the most essential document because it is a legal document signed and delivered by the parties to effect transfer of property, which becomes a title document of the Purchaser. At this moment the Vendor hands over lawful and physical possession of the property and all the original title documents of the property to the Purchaser. In case of immovable property all the Sale Deed/Deed of Conveyance/ Deed of Transfer are required to be registered with the of�ice of the Sub-Registrar of Assurances.

POST-COMPLETION STAGE

Attornment of Tenancy In the event, a property sold/purchased which is subject to the tenants occupying the same then the Vendor is required to have a letter of attornment signed by all the tenants for recognising the Purchaser as their Landlord in place of the Vendor.

Adjustment of Accounts: The parties require to adjust their account such as the Purchaser paying consideration to the Vendor and if required the same may be paid by the Purchaser to the Vendor after deducting amounts which are due and payable by the Vendor till the date of the transfer of property.

Transfer of Property in Government Records : Pursuant to the registration of the transfer documents, the Purchaser is required to incorporate his name in Government Records such as Property Registered Card or such other as may be required.

REGISTRATION OF DOCUMENTSSection 54 of the Transfer of Property Act states that in case of a tangible immovable property of the value of ^ 100 and upwards, the Sale Deed must be compulsorily registered. Section 17 of the Registration Act, 1908 states that any non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right , title or interest , whether vested or contingent, of the value of ? 100 and upwards, to or i n a ny i m m ova b l e p ro p e r t y, n e e d t o b e compulsorily registered.

The documents containing contracts to transfer for consideration, an immovable property for the purpose of Section 53A of Transfer of Property Act, 1882 shall be registered if they have been executed on or after commencement of the Registration and other Related Laws (Amendment Act, 2001). The limitation for registering a document is 4 months from the date of execution of such document.

In case of immovable property all the Sale Deed/ Deed of Conveyance/Deed of Transfer are required to be registered with the of�ice of the Sub-Registrar of Assurances. The law gives no protection to a person claiming a right under an unregistered alleged sale. Currently the Registration fee is 1% of the market value of the property or Rs. 30,000 whichever less. A noti�ication was issued to remove the cap of Rs. 30,000/- with effect from February 17, 2009 but was later rescinded by the State Government as per the Times of India news report dated 28th February, 2009.


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

Details Structural Survey / Audit of the building

Suggesting cost estimation preferring economical & Effective remedial ways

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

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

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

Stability certificate on completion

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

REDEVELOPMENT

REPAIRS

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

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

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

(AN ISO 9001 - 2008 CERTIFIED COMPANY)

Office : Shop No. A-1, Bldg. No. P-9,

MMRDA, Ajit Glass Garden Rd.,

Near Amrut Nagar, Goregaon (W),

Mumbai - 400 104.

Email : [email protected]

All Types of Waterproofing Plumbing Polymer

Micro Concrete Jacketing Painting

Free of Cost : Structural Stability Certificate byBMC Approved Consultant & For Estimate of repair.

You can send the detail on WhatsApp

Cell : 98926 14656 / 86910 10150


WHATSAPP QUESTION AND ANSWERS

Q. 1. Our building is at Nallasopara east. Builder

has sold out �lat before 2 years. He has not yet

given possession letter but �lat owner are living

there. Now he is not collecting maintenance

after 18 month. Also he is not providing good

service.

Please guide on following matter.1. Possession letter is pending., 2. O. C. is not yet

received., 3. No municipal water connection., 4.

No conveyance of land.

There are three building in combined plot area.

One building has formed society. Now builder is

asking us to support to form society. Can we co

operate him?

Ans by CA Prabhu Ramesh

It is advisable to form a society and cooperate the

builder in registration of society.

At the time of society formation , the builder will be

providing the af�idavit and undertaking to the

registrar about handed over the possession. After

the society is formed, even f you do not receive

separate possession letter from the builder it does

not affect.

Regarding the pending OC, you may �ile a complaint

before the Real Estate Regulatory Authority after

1st May 2017

The liability of providing the OC on the builder

continue , even after the registration of the society.

Regarding municipal water, after the society is

registered, you may apply to the municipal

corporation and get the water connection on

humanitarian ground or you may now follow up

with Builder to get water connection.

if nothing works by 1st May, you may proceed against builder on account of this before regular authority.

After the expiry of four months from the date of registration of society , if conveyance is not granted, we may apply under deemed conveyance. Presently, we can get deemed conveyance only after getting OC.

It is better to get the society registered, and then for all three issues like water connection , OC and conveyance before regulatory Authority after 1st May2017. On 1st May 2017 onwards real estate regulatory Authirity shall start functioning.

Q. 2. Can housing society AGM or MC take decision to charge the parking charges with back effect from 2012.


Levy of any charges has to be decided in the General Body Meeting. Naturally effective dates can be decided by the General Body Meeting. Normally any charges have to be prospective. If by majority the general body meeting decides to charge respectively, it can be done. There is no provision under law not to Levy charge respectively.

Q. 3. Ours is a complex of 8 housing society duly registered. Now we want to form Federation and go for Deemed Conveyance. But only 6 soc are ready for and other 2 SOC are not opting for Federation. CAN WE FORM FEDERATION AND PROCEED FOR DEEMED CONVEYANCE. WHAT WILL HAPPEN TO OTHER TWO SOC NOT OPTING FOR FEDERATION.


To register a Federation , we need minimum 5 societies. In case, we get cooperation from only 4 societies, we have to approach the cooperative minister u/s 157 to get special order to register the federation with 4 societies.


CONSULTANTS FOR REPAIR ANDREDEVELOPMENT PROJECTS

FREE PUBLIC LECTURE ON RIGHT TO INFORMATION ACT“GIANTS INTERNATIONAL JOINTLY WITH

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

CHAUDHARY, ON EVERY FOURTH SATURDAY, Next Date for Seminar is 25th March., 2017 At 5.00 PM

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

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

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

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

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

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

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

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


Regarding the conveyance, it is advisable to proceed to obtain the same in the name of individual societies, if other societies do not join for formation of federation and also do not cooperate for obtaining the conveyance in the name of Federation.

Q. 4. Needed one Opinion:: Can WhatsApp c o m m u n i c a t i o n f o r s e n d i n g o f � i c i a l information like renewal of fees of industry association or body or sending notice of M e e t i n g s b e c o n s i d e r l e g a l m o d e o f communication..

Ans by CA.Ramesh Prabhu

As per the Latest Model Bye laws 2014, communication to the members on their registered email is considered to be of�icial communication. Whatsapp and sms communication is an add on services but can never be considered as of�icial communication for calling the meeting or intimating about increase in charges etc....

Q. 5. I have some query your guidance will be highly appreciated.1) Can Housing Society include major Repair fund collecting monthly basis in monthly bill under separate head.2) Can society adjust monthly payment against previous dues charged as interest on major repair fund after passing resolution if yes under which bye law it is possible ?

By adjusting this amount against previous balance, monthly maintenance payment become overdue and member become defaulter.

Can Housing Society follow such rules. Please guide me as I am the victim of such issues. I paid the entire principal amount together before commencement of the work.


All levy of charges are approved in the General body meeting. The bye laws also provide for raising funds from society under various heads. Once the

due date for payment is decided by the society in its general body meeting, whether the repairs are started or not , the contribution has to be paid as per the bill. society is legal is adjusting the payment towards earlier dues of interest. There is no provision in the bye laws , how the recoveries have to be adjusted. Therefore, if society adopts to adjust with earlier dues of interest, it is legal.

Q. 6. Is it compulsory to �ile Nomination Applications Form by the member, himself to the M. C. or after demise of the said member, it's nominee have legal right to apply for his nomination along with original Nomination Application Form to the m. c.

Vimal JainAns by Mr. Jagdish G

*The act of �iling Nomination is to be carried out only during the lifetime of the Owner-member-Nominator & proper acknowledgement & recording of the same in the Society records shud be con�irmed in writing. Filing of Nomination is not mandatory, but it helps the Society to deal with a particular person, where there is no legal disposition of the property, in case of the death of the Owner member.

However after the death of the nominator the Nominee must enrol himself/herself as the member & get the �lat & shares transmitted to himself/ herself for a limited purpose & get all the true & legal heirs of the deceased member on the record of the Society. A Nominee-member shall have no interest in property & he just acts like a caretaker. He/She has no rights to further nominate, nor sell, mortgage, transfer, give the �lat on leave & license/ lease or create third party rights. The position has to be resolved by the legal heirs of the deceased member, either by mutual agreement or thru civil/high court.

Self Redevelopment

for your Building

Call on - 022 4255 1414


A/2-302, Laram Center, Opp. Rly Station, Near Bus Depot, Andheri (W), Mum – 58

It is gives me immense pleasure to inform you that we have started training sessions on Sundays morning and evening to impart the education and training to you as required under section 24A of the MCS Act, 1960 and the Rules there under.

We had received a number of representations from various CHSs, Federations, NGos, etc to organize training at local levels on Sundays. Now we request you to take the bene�it of the same and make this mission a great success.

As you are aware that as per section 24A of the Maharashtra Cooperative Societies Act, 1960, it is the duty of every society to impart training to its members from the Government noti�ied training Institutes. Our Institute has been noti�ied by the Government of Maharashtra vide Gazette dated 2nd March, 2015.

As per Rules 20B and Rules 30A of the Maharashtra Cooperative Societies Rules, 1961, the training has to be imparted to the members, managing Committee and the staff of the cooperative societies on regular basis from the government noti�ied institute.

As per Commissioner's Circular dated 15th May, 2015, every society is required to impart training to at least 20% of the members, Committee members and staff every year, so that all the members are trained within a period of 5 years. Further, every deputy/ Assistant registrar is required to report to the Commissioner on monthly basis , the Cooperative societies who have imparted the

Date : 27/02/2017To, Chairman / Secretary All Co-operative Housing Society Ltd.

Dear Sir / Madam,

Sub.: Compulsory training under section 24(A) of MCS Act, 1960

training to their members and the auditor is also required to verify the certi�icate for organizing the training to its members issued by the Govt noti�ied institution.

TRAINING EDUCATION CHARGES : (INCLUDING G O V E R N M E N T N O T I F I E D I N S T I T U T E EDUCATION & TRAINING FEES)

Education & Training fees per society would be Rs. 5000/- + 750/- (15% Service Tax) = 5,750/- (Five thousand Seven Hundred Fifty only) to be p a i d b y c r o s s e d c h e q u e i n f a v o u r o f M A H A R A S H T R A S O C I E T I E S W E L FA R E ASSOCIATION.

Note : for MSWA Members Discounted fees will be Rs. 4500/- + 675/- (15% Service Tax) = 5175/- (Five Thousand One Hundred Seventy Five only).

The training shall be imparted by the expert faculties in the �ield and you may also get your doubts clari�ied in the classes or immediately after the session is over. Since we are arranging the training based on the attendance and the registration done by you, we request you to register your name for the training by visiting the website www.mswa.co.in or by sending an email to [email protected] with the complete list of members with contact details and expected members to take the training.

The Training will be imparted on your con�irmation, from 09.00 am to 01.00 pm or


03.00 pm to 07.00 pm in your Society Premises to provide Education on following topics.(1) 97th Constitutional amendments, MCS

( A m e n d m e n t ) A c t , 2 0 1 3 , M C S (Amendment) Rules, 2014 and changes in the Model Bye-laws.

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

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

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

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

Fo r m o r e d e t a i l s y o u m a y c o n t a c t o u r representative on: 022-4255 1414/32. I hope you will take the maximum bene�it of the training and facilitate the smooth functioning of the society and help to develop this sector.

Thanking you,Yours Truly

Sd/-Vishal Bamane,Manager - MSWA Mob.: 98239 11027

Supported by :

AHARASHTRA is arguably India's most progressive state, always striving to improve Mitself. We are happy to inform you that our state is poised to take a huge leap forward for creating a better legislative and administrative environment for housing. Favourable

amendments are being considered in Maharashtra Cooperative Societies Act 1960.

The state government has constituted a committee for proposing changes for streamlining of sections relating to housing in the MCS Act 1960, and also, introducing new features in the Act for "ease of doing business", including transfer of title and membership of �lat, redevelopment, etc.

The state government is very keen that the law must be clear-cut and unambiguous to reduce scope for disputes and litigation. Being part of this committee, we have undertaken a major exercise of suggesting appropriate changes based on opinions of all the stakeholders i.e. managing committee members, ordinary members, associate members, auditors, etc. You may share your experiences with MCS Act, and suggest changes in the Act, by emailing us on [email protected] or sending Whatsapp on7045599702.

We look forward to your valuable inputs for framing a better legislation for cooperative housing sector.

Separate Chapter on Housing Proposed in MCS Act, 1960

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Location Address Tel. No.

Fort

Vasai

Dombivali

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

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

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

3, Nakshatra, Shobha Aprtment, Sarojini Naidu Road,

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

022 - 2265 65 8298 21 23 47 70

0250 - 645 75 850250 - 645 75 86

0251 - 2422 880

Mulund

“MSWA Branch office “

MAHARASHTRA SOCIETIES WELFARE ASSOCIATION (R)

022 2568 5983

98 69 03 45 67


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

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

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

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

Mr. Ashok Utekar - 98212 88662

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

Every person who wants to have the instate

information on various aspects been using

WhatsApp as means and getting enrolled in

different WhatsApp group. At the request of many

members and public at large at different Seminars

we had organised the MSWA has created the

areawise WhatsApp group. any person who want to

be part of their respective

areawise group are requested to send your request

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

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

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

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

(6) E-mail Address _______________


Yours faithfully,

Signature: Applicant / Chairman / Hon. Secretary / Treasurer

FILL THIS FORM

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

Application for Membership(Registered)

Total Members of Society________________________________ Flat______________ Shop___________ Garage____________

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

By Cash / Cheque No._____________________________ Date_________________________ Rs.__________________________

drawn on______________________________________________________________________________________________ bank.

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

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

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

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

FOR SOCIETY FOR INDIVIDUALIncluding Service Tax

(Including 15 % Service Tax)

PERIOD

1 YEAR

3 YEAR

5 YEAR

575/-

1150/-

2300/-

43

CALL : 9870556502 / 8291046870

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