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Dear All, You will be pleased to know that many activities are undertaken by your association in the year 2013. Your association has taken up the initiative of MCGM to make MUMBAI clean and safe by making 2184 RAMESH PRABHU Chairman, MSWA Local Area Citizen Group. Few meetings to promote LOCALITY Management societies through the support and guidance of your association has been done. An initiative for Cooperative Social Enterprise also has been undertaken by your association to increase the income level of unorganized sector under Co-operative principles.
MANAGING EDITORS 9890187344 97th Constitutional amendment will be effective from 15th Feb, 2013. Mr. V. Viswanathan
By the time this Magazine reaches you, the state Government must have brought out an ordinance to give effect to the constitutional amendments. The bye-laws for co-operative housing societies are also under preparation. On 16 and 17 Feb, 2013, your association jointly with DNA property has arranged two day, very informative Redevelopment 8291100821 Exhibition cum Conference to empower the housing societies and 9869391191 tenanted buildings, SRA, collector societies, MHADA societies 9821045102 planning for redevelopment.
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The details are given elsewhere in this magazine. We have given in the center page, the details of the program, we request you to display the same on the notice board of the society, so that every member of your society can enrich with the redevelopment knowledge. With lot of love and spirit to serve the community. CA.Ramesh S Prabhu ( 09820106766) Hon. Chairman. CONTENT Redevelopment Made Easy DNA Exhibition Program Flowcharts Page No. 06, 08, 10 12, 14, 16, 18,19 20, 22
MOST IMPORTANT
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
97th Constitution Amendment MCHI - CREDAI Exhibition Report DNA Property Exhibition Poster BMC Property TAX
AFTER A SUCCESSFUL FOURTH PROPERTY REDEVELOPMENT EXHIBITION ACROSS MUMBAI IN 2011- 12, THE FOCUSED REDEVELOPMENT CONFERENCE-EXHIBITION SERIES PROCEEDS TO THE WESTERN SUBURBS OF MUMBAI, AT AN EASILY ACCESSIBLE VENUE - BOMBAY EXHIBITION CENTER, GOREGAON (E) - IN FEBRUARY 2013
Redevelopment is the magic mantra that can give Mumbai's old and dilapidated buildings a complete makeover. From old chawls to tenanted buildings and old housing societies, every type of structure can benefit from it. Redevelopment of old buildings has become a common cause for concern where existing housing societies across Mumbai are concerned. Making the transition from an old dilapidated building to a new, stable redeveloped structure is not an easy task due to various factors. To facilitate this process DNA has launched a dedicated interactive platform, which will help and ensure that the residents in these old structures take an informed decision and give them a new lease of life. As part of DNA's sustained endeavour in this direction, the fifth DNA Property Redevelopment Conference-cum-Exhibition will be held at Bombay Exhibition Center, NSC Grounds, Goregaon (E) on February 16-17, 2013 from 10.00 a.m. onwards. February 2012 will mark the fifth time that DNA has arranged a Redevelopment and Conveyance Exhibition in which all the four stakeholders related to redevelopment are brought under one platform: Policy makers like the Housing minister, Co-operative department and BMC; Stake holders like project management consultants, professionals like architects, structural engineers and chartered accountants, advocates etc.; Builders who redevelop the properties will exhibit their profile and projects along with housing society members/ office bearers who want to carry out the redevelopment. Eminent experts will discuss solutions and the implications of policies, analysing the concept of redevelopment and highlight its advantages.
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MSWAs Housing Societies Review 07 February 2013
11.00am
Guest of the Honour: Honble Shri. Harshavardhan Patil, Co-operative Minister, Shri. Sanjay Nirupam, MP Shri. Rahul Asthana, Commissioner, MMRDA Adv. K.K Ramani., Expert in Redevelopment and Taxation Above Faculties Shri. Gopal Shetty, MLA and Shri. Ashish Shelar, MLC
3.00pm
Legal advisor Mr. Parimal Shroff Talati & Pantaki, Suhas Borole , Arch. Arvind Nandapurkar, HSG. Secretary & Chairman Adv. Uday Wavikar, Adv. Vinod Sampat,
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5.30pm
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3.00pm 3.20pm
Note : Guest / Panelist are Invited & their Confirmation is awaited. Organizer Reserves the right to Reschedule the Program depending on the availability of Guests & Panelists
97TH AMENDMENT:
nd e Am n me t
n Co
9 stituti
7th on
he most recent amendment to the Constitution was enacted on 13th January 2012, for reforming the cooperative sector, one of the most important economic sectors of our country. Some of the most widespread economic groups of our country, like farmers and cattle rearers, have attained prosperity by forming cooperatives like KRIBHCO and Amul Dairy. In urban areas, a very large proportion of houses are managed by the residents themselves through cooperative housing societies. The latest amendment aims to infuse fresh blood into this sector. In a nutshell, this amendment mandates the state governments to pass new legislations to make it make it easier and more fruitful to form cooperatives. It not only recognizes the right to form co-operatives as our fundamental right, by inclusion in article 19, but it also issues a Directive Principle of State under Section 43, that The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies. Like Municipalities and Panchayats, which are defined in detail in the Constitution, co-operative societies are also defined, and are now seen as a necessary organ of governance. In many ways, the scope for government control and interference in the functioning of cooperatives is reduced. Significantly, the amendment mandates that states must take steps to ensure that elections are held in
a proper & constitutional manner. (Currently, the norm is that officebearers are virtually selected by a dominant clique term after term, and this is to the detriment of the co-operative movement.) The amendment states under Article 243 ZN, The superintendence, direction and control of the preparation of electoral rolls for, and conduct of, all elections to a co-operative society shall vest in such an authority or body, as may be provided by the Legislature of a State... The right of ordinary members to get information from the managing committee of the co-operative is now enshrined in the Constitution. The amendment says under Article 243 ZO (1), The Legislature of a State may, by law, provide for access to every member of a co-operative society to the books, information and accounts of the cooperative society kept in regular transaction of its business with such member. Also, various offences by the people who run cooperative societies will now be clearly punishable, and it will be easier for ordinary society members to have corrupt managing committee members penalized. (The absence of such provisions has long been felt as a basic shortcoming of the co-operative sector.) Under Article 243 AQ (1), the amendment says, The Legislature of a State may, by law, make provisions for the offences relating to the cooperative societies and penalties for such offences. The Article goes on to give examples such as willfully furnishing a false return or false information.
It is worth remembering that the Constitution of India is the blueprint of our country's governance. It is like a contract between the common citizens of India, and the people who occupy positions of power in India's government and administration. Any amendment to the Constitution is done with utmost seriousness, after months or even years of deliberation in the Parliament. Indeed, it is more difficult to amend the Constitution that even to pass a new law! Downloads: Gazette of 97th amendment http://tinyurl.com/97th-Amendment Presentation on Positive Implications of Amendment: http://tinyurl.com/97th Amendment-India Why was this amendment necessary? While moving the 97th Amendment in the Parliament, Union Minister of Food Processing Shri Sharad Pawar said in his speech, Since Independence, cooperative movement has grown significantly with most extensive network of cooperative institutions all over the country. These cooperative institutions are functioning in the sectors of agricultural credit, agricultural inputs, marketing of agricultural produce, storage and processing of agro produce, urban credit, housing, production of fertilizers, dairy, fisheries, handlooms and handicrafts, etc. However Many of these institutions are not being managed on principles of democratic member control and professional management. In many cases, these cooperatives are heavily dependent on financial support from the Government, which has led to intervention in their day to day functioning. There are also instances of avoidable political interference It has been felt that there are several provisions in the State Acts, which go beyond the spirit of democratic functioning of cooperatives, for which State Governments have been persuaded to amend
their Acts... the pace of reforms in cooperative legislations by the States is not encouraging. Therefore, a view has emerged in the cooperative sector, all over the country, to incorporate certain provisions in the Constitution to provide protection to cooperatives and to insulate them from avoidable political and bureaucratic interference. This was also endorsed by the Conference of State Cooperative Ministers held way back in December, 2004. Accordingly, the Constitution (One Hundred and Sixth Amendment) Bill, 2006 was introduced in Fourteenth Lok Sabha on 22.5.2006. It is expected that these provisions will not only ensure the autonomous and democratic functioning of cooperatives, but enhance the public faith in these institutions and also ensure the accountability of management to the Members and other stakeholders and also provide for deterrence for violation of the provisions of the law. n Krishnaraj Rao, Co-operative Activist
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Banks sanctioned principal loans amounting to Rs. 800 crore at the expo. The number of footfalls at the Thane expo exceeded those observed at other similar expos. The highlight of this exhibition was the innovative QR code campaign, which was based on the concept, 'Evolving Thane'. We received unprecedented footfall this year, and this proves that the Thane property expo was a great success. There is a huge demand from the property buyers in this area and we see this demand continue to grow in coming years. Jitendra Mehta, Hon Secretary, MCHI-CREDAI Thane unit and chairman Organizing Committee . Source : India Infoline News Service / 17:43 , Jan 22, 2013
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For more details contact : 022 - 42551414, 26248589 / 65 or For more information visit : www.mswahousing.org
PROTAX
C Y BM T PER
The change over in the system for levy of BMC tax/property tax impacts all citizens of Mumbai. Therefore, the entire process has to be transparent and citizens should not be compelled to run from pillar to post. So far no one has challenged the change in the system from last so many years. Now also many of the property owners, we understand are planning to move to the High Court against the change in assessment system. Your society has two ways to look at the present issue:1. You can challenge the entire change in the system (i.e. from Rateable value system to Capital Value system) and GR issued by the Maharashtra Government before Hon'ble High Court. For this purpose you need to hire a good Council/Advocate to represent your society before the Hon'ble High Court. So far in our association nobody has requested to challenge such system However a lot of housing societies are coming to our office and enquiring about the same. In case your society is willing to be a part for petition to challenge the system then you are requested to contact MSWA to enable us to file the matter before the court. We would like to mention that once we receive 100 societies then only we will be able to file a case in Court. The applicable fees has to paid by respective societies. 2. In case you don't want to be a part of the above mentioned option, you can get the valuation calculated of all your flats as per notice issued by BMC (Such as difference in area, mentioned zone is wrong, depreciation is not taken or the capital value adoption method) as per the rules mentioned in Government GR. Panel advocates will be able to clarify those issues and guide the file the complaints.
ou must be aware that a debate on changes in the system of collecting property tax was in progress for the last ten years and now the same has been approved by the Government of Maharashtra for change in the system of collecting the tax from Rateable value to Capital Value Basis with effect from 01.04.2010. It is the BMC who has taken three years to do the calculation regarding the same. The brief changes that had affected are as under:1. 2. 3. Property tax will be the same whether it is occupied or given on Leave & Licence basis. Property tax will not increase for residential flat upto 500sq.ft. carpet area. Property tax for residential flat more than 500sq.ft. carpet area will be two times of the existing tax or as per capital value, which ever is less. Property tax for non-residential premises will be three times of the existing tax or as per capital value, which ever is less.
4.
The MCGM website shows the Rules for Fixing Capital Value of Lands and Buildings which contains such critical information for calculation of capital value of buildings/flats and the tax payable in the section called "News and Events" and as such is not easy to locate. The said Rules which provide details of the factors and categories of users of buildings, nature and type of building, age factor, floor factor and weightage by multiplication to be assigned thereto and also the tax rate are very Any NGO / Federation / Residents Association or a important for all citizens for calculating the tax few Societies in the area which want to conduct free payable. Therefore, the Final Rules should be seminar on Property Tax, M-VAT, Re-development, posted prominently on MCGM website under a Deemed Conveyance, may contact our Association separate and specific heading. (Final Rules are office on 022 - 42551414 attached herewith). The Notice also states that For Review 20 February 2013 MSWAs Housing Societies details of Zone, Subzone, and base values.
Regd. Off. : 23, Esteem Classic, A-01, Amrut Nagar, Jogeshwari (W)., Mumbai - 400 102.
MSWAs Housing Societies Review 21 February 2013
if you need the draft of the objection letter to be given to BMC, for calculation methods adopted by them and also against the GR issued by the Government of Maharashtra. Please contact MSWA on 022 - 42551414 or E-mail Search Request In case you want to have a view of GR of BMC you can view the same in our website : www.mswa.housing.org
NEW LAWS FOR HOUSING SOCIETIES New election authority to be set up for housing society polls Only those who attend one general body meeting in five years and provide minimum level of services (to be defined later) are eligible for voting Size and nature of managing committee to change, with fewer reservations, upper ceiling on number of members and requirement to coopt two expert members Annual general body meeting to be conducted without fail on or before September 30 General body to appoint auditors from a government approved panel Mandatory for returns to be placed before general body Auditors must submit reports to members pertaining to losses, and to registrar pertaining to misconduct. They must file FIR against concerned members upon registrars permission Powers taken away from registrar to appoint administrators to housing societies Scope of recovery proceedings widened to increase maintenance and service dues of members In-house grievance redressal panel mandatory Mandatory for societies to maintain list of active members New additions to criteria for disqualification of members Source : Times of India, Dated 29, January, 2013
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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.
Social
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Download PDF file about Positive Implications of Amendment: http://tinyurl.com/97th-Amendment-India Assistant Police Commissioner Uttam Aba Khermode urged the local youth to join the police force, and explained the criteria and process of selection. He also encouraged the women to move around in the city without fear. Mumbai police is far more capable in handling anti-social elements, and incidents like the ones that happened in Delhi will not occur in our city, ACP Khermode said confidently. If you are not happy with your experience when you register a complaint at any police station, please approach me without hesitation, he added. As Somanigram is a poor people's locality, full of SRA colonies, the main objective of the meeting was enabling increase of people's income by coming together in cooperative societies. If a dozen onion and potatopheriwallahs (hawkers) form a cooperative enterprise, they can increase their income by Rs 500 per day, while making onions more cheaply available to the residents', said Sulaiman Bhimani. Unemployed youths, housewives, senior citizens, rickshaw and tempo drivers, plumbers and other service providers can all benefit by forming a cooperative enterprise. We will help them in various ways and make their job easier. Referring to Local Area Citizens Groups (LACGs) mooted by MCGM in 2006, activist Krishnaraj Rao said, Neighbourhood-level cooperative societies specially formed for the purpose can also play the role of LACGs more effectively than associations.
L to R - Activist - Krishnaraj Rao, MSWA chairman - Ramesh Prabhu, MCGM P-South Ward Officer - Ramakant Biradar, ACP - Uttam Aba Khermode, and Senior Police Inspector (Goregaon) - Arun Jadhav.JPG
The electoral reforms and right to information embedded in the 97th amendment will improve the social usefulness of the cooperative sector, he added. Common citizens should not just criticize the government, MCGM and police, they should participate in the process of governance. Forming cooperatives to take ownership of our localities is a perfect way for all of us to take leadership and exercise ownership of our shared open spaces, Krishnaraj argued. MSWA has 30,000 member cooperative societies in Mumbai, to which it provides legal advice, accounting services, assistance in deemed conveyance etc. It has a decade of experience in the cooperative sector, which is being leveraged for the CSE initiative. Sulaiman Bhimani - 93236 42081 Krish - 9821588114 Krishnaraj.rao.cse@gmail.com
1. The Terrace floor slab should be waterproofed with Brickbat coba and china mosaic. This is the oldest and best type of terrace waterproofing. This type of waterproofing generally lasts for approx. 12 15 years. 2. The Plumbing lines which include GI water
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6. The Extended portions of balconies if not carefully enclosed can cause major leakages. The chajjas above the Alluminium windows should have proper vattas at joints to avoid these leakages. 7. The Extended portions of windows if not carefully enclosed can cause major leakages. The chajjas above the Alluminium windows should have proper vattas at joints to avoid these leakages. 8. The Box type chajjas are again a major source of leakages as they are not plastered from inside due to which they retain the monsoon water inside and slowly release the water throughout the year. The plastic nipples have to be inserted inside them through the ceiling so that the water is drained out completely. 9. The Rising dampness in walls in many cases is due to the seepages from the bathrooms, toilets, and kitchen areas. The joints in nahani traps, tile joints, gaps in the wooden frames in the bathrooms and all other joints and gaps need to be properly sealed to avoid this type of seepage.
10. The basement floors need to be waterproofed from inside as well as outside. The box type of waterproofing has to be done in basements which comprise of Shahabad ladi sandwiched between two waterproofing plaster layers. This is very specialized job and needs special skilled manpower. All waterproofing works should therefore be carried out under the expert guidances of persons who are very well experienced in such waterproofing techniques. Mr. Vinod T. Harisingani (M.Tech - Civil) having 25 years experience is an expert in Major Structural Repairs and intricate Waterproofing techniques as problems and remedies differ in many and all complicated situations. He may be contacted on his personal Mobile No.: 9920585441 Please SMS also with your query and problems so he can answer and get back to your questions with solutions.
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Regarding action to be taken (initiated) within 12 weeks on the requests /complaints received by Govt. Departments
Government of Maharashtra
General Administration Department Government Circular No. 2013/Ref. No.8/18 Extension Mantralaya, Madam Cama Road, Hutatma Rajguru Chowk, Mumbai-400 032 dtd. 18th January 2013
Foreword:S u g g e s t i o n s / N o t i c e s a re g ive n t h ro u gh Government Circular, General Administration Department _________ dtd. 26.08.2003 to take immediate cognizance of the complaints and grievances of the people. To expedite the working and decision making in the matters of people received by Govt. Dept., And to prevent the delay while performing Govt. duties & transfers of Govt. Employees, Govt. of Maharashtra has introduced Act, 2005 dtd. 1.7.2006 in the state. A particular time period to finalize the complaint has been fixed in Section 10, chapter 3 of this Act & also provision is made to take disciplinary action against those who will not take the decision within specified time limit. But it has been to come to the notice of the Hon. Mumbai High Court, Mumbai through writ petition no. 6731/2012 that proper implementation of these provisions is not being done. Govt. Circular 1. As per the provisions made in the Govt. Circular, Revenue & Forest Dept., dtd. 16.02.2010 a final decision must be taken within 12 weeks on the applicants complaint/request recd. By Govt. In exceptional circumstances in a particular case explanation must be given to the applicant as to why the decision could not be taken within 12 weeks. In any circumstances a final decision should be taken & final answer should be given to the applicant on this application within 4 weeks from the date of filing petition/ appeal in the court. 3. 4. A separate register should be maintained to make note & to take action on the complaints / applications of the people. A monthly review should be taken by the Dept. Head as to whether the action has been taken or not on the complaints / applications mentioned / noted in the above register. A brief report of this review should be prepared & sent it to senior officer by every officer. For example Collector / C.E.O. should report to Dept. Commissioner, Dept. Head to Dept. Secretary, etc. If a officer is purposely making a delay in decision making or avoiding decision making on application, a disciplinary action must be taken against such officers. In the above mentioned point no. 1 & 2 letters related Jobs/Services should not be included. Above notices/suggestions should be strictly followed on each & every step/level.
5.
6.
7. 8.
2. Copy of this Govt. Circular is available on Govt. Website :- www.maharashtra.gov.in & its computer no. is 201301181102551007 By order, Governor, Government of Maharashtra Sd/(Jayant Kumar Banthiya) Chief Secretary CC,
Hon. Leader of the Opposition, Vidhansabha, Maharashtra Vidhimandal, Mumbai All Vidhanmandal/Parliament Members, Maharashtra State, Secretary of Hon. Governor Chief Secretary of Hon. Chief Minister Secretary of Hon. Deputy Chief Minister All Upper Secretaries/Chief Secretaries of Mantralaya Administrator, Mumbai High Court, Mumbai Administrator, Lok Ayukta, Maharashtra State, Mumbai
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MSWAs Housing Societies Review 31 February 2013
Sr. No. 1 2 3 4 5 6 7 8
Particulars Name of the Society Address of the society Registration No. & Date Name and Contact No of Chairman and Secretary Number of Members Is conveyance Done or Not Building Photo Last Audit Period
Reply
You can mail the above sought information to mswa.hsg@gmail.com & mswahousing@gmail.com Your email will help us to support the government in their drive which is for the good cause and in the interest of Co-Operative Housing Societies. CA. Ramesh S. Prabhu Chairman, MSWA IMPORTANT NOTE: 1) 2) We are supporting them to understand later how many societies are getting OC and Conveyance in year 2013 from the list, which we are submitting them during this period. You can update the information by visiting Website link http://societywelfare.dyndns.org or fill the Society information by taking Xerox of the contents of the webs ite link http://societywelfare.dyndns.org/MSWA_SocietyFormView.aspx & Send it to our Office.
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ECOTECH ENTERPRISES
Room No.108, 1st Floor, A Bldg., St. Francis Rd, Lohiya Nagar, Vile Parle [W], Mumbai - 56 Mob. 9324561022, Tel No. 022-32159649
Office : 302, Mahatrangan Bldg., Opp. Mega mall, Oshiwara, Jogeshwari (W), Mumbai - 102, 9821604948 / 9323234747, Tel. : 022 6500 1302 Email : structcureengi@gmail.com
REDEVELOPMENT: Feasibility survey of the society building. Preparation of Tender document for Developers / builders Supervision / quality control during execution work Legal consultancy towards redevelopment work Redevelopment Panel consists of Structural Engineer, Architects, And Legal Consultants
Deemed Conveyance Recovery of Dues Practical guide on Stamp Duty Registration of Documents Registration of Housing Society Statutory Obligation of Society Transfer of Flat Parking Rules & Regulations Nomination & Will Burning Issues Leave & License Redevelopment - Preparation Redevelopment - Tender Process Redevelopment - Documentation Associate Member - Rights, Duties Circular of Housing Societies Indemnity Bond Rights and Duties of Members Managers Manual Election Rules Minutes Writing Secretarial Manual Sinking Funds Deemed Conveyance - FAQ Redevelopment - FAQ PAAA Bye - Laws English Bye - Laws Marathi Housing Manual - Marathi / English HSG. Societies FAQ - Marathi / English
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500 150 120 100 100 50 120 100 100 50 80 150 150 150 50 120 50 100 80 50 120 80 50 150 100 80 40 30 100 200
FOR SOCIETY & INDIVIDUAL ` 1000/- + 12.36% Service Tax ` 2000/- + 12.36% Service Tax ` 3000/- + 12.36% Service Tax = ` 1124/= ` 2248/= ` 3371/-
" Your preferred PMC from Concept to Completion, Conveyance to Construction With a Solid Experience of over 25 Redevelopment Projects
202, Sagar Avenue, S. V. Road, above ICICI Bank, Andher (West), Mumbai - 400 058.
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PRABHU ASSOCIATES
Specialized in Accounts & Income Tax
Our Services Society Accounting Society Monthly/Quarterly Bills & Receipts TDS Returns Service tax calculation & filing Returns Company Formation Partnership Firm Registration Income tax returns of all types Annual return filing with ROC Contact us
A/2 - 302, Laram Centre, Above Golden Gate Hotel, Andheri (West) Mumbai - 400058, Tel. : 022-42551414 Email: pacpl.it @gmail.com
+91 9819513758
Postal Registration No. MH/MR/N/ 79 /MBI/13-15 Posting At : Mumbai Patrika Channel, GPO, Mumbai. Date of Publication : 10th of Every Month Posting Date : 10th & 11th of Every Month
For more details contact : 022 - 42551414, 26248589 / 65 or For more information visit : www.mswahousing.org