Social

July 2013 Vol. 07 Issue 04

o-operative

Enterprise
An Initiative of MSWA

Price : ` 25/-

02

2, Anupam Appartment, Opp. Rationing Office, Beside Snahanjali Showroom, S. V. Road, Malad (W), Mumbai - 400 064.

MSWAs Housing Societies Review 03 July 2013

Dear Members, You will be happy to know that the Co-operative Department is in the process of computerizing the details of all the registered Co-operative Societies. As per the latest provisions made in the RAMESH PRABHU Chairman, MSWA Maharashtra Co-operative Act, 1960, every th society is required to file following documents before 30 September, every year.
Off : 022 - 42551414 / 26248589 / 65 Mob.: 09820106766

EDITORIAL BOARD Mr. G. G. Shanbaug Mr. Naresh Pai CA. Vijay Rao CA. Prakash Valecha

1) Annual return in the prescribed format 2) Balance Sheet and Income and Expenditure A/c duly MANAGING EDITORS 9890187344 Mr. V. Viswanathan audited 3) Audit Report 4) Audit rectification report and action taken report 5) Appointment of Auditors and the acceptance of the auditors.
9870205677 9850822472 9819432765 9821045102

Free Rs. 1124/&

In the state there are nearly 88,000 co-operative Housing Societies. If these information is not made available online, it will be difficult for the Registrar to tract the defaulting societies and to take action thereon. Presently, the registrar conducts the inspection or makes enquiry of the working of the society, on the basis of complaint received. The department now wants to initiate a system of proactive step and regulate all the registered Co-operative Societies. Now as an initial step, all the societies have been advised to create

PRINTED AT their own email account and submit the information of their Maya Print Art, societies on Co-operative Department website : 16, Hanuman Indl. Estate, G.D. Ambedkar Marg, Wadala, Mumbai - 31

MOST IMPORTANT

https\\mahasahakar.maharashtra.gov.in Process and Key Steps Involved in Registering Society Online is as follows: Continue ... Page No. 08 CONTENT Deep Impact Page No. 06, 08 10, 12, 14, 16 20,

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

The Provision Under Sec. 146 & 147 Deemed Conveyance - LBT Penalties for offences Committed by the Committee Structural Audits

MSWAs Housing Societies Review 04 July 2013

MSWAs Housing Societies Review 05 July 2013

With four building collapses over the past three months, residents and experts discuss how timely checks could help avoid structural mishaps
fter observing cracks and water leakages for many years, residents of 40-year-old Eversweet Apartments in Andheri west conducted repairs in 2011 and got the walls, beams and pillars fixed, along with solving the water leakage problem so that their building remains safe. Businessman Bhagwan Shetty, chairman of the housing society, says, No repairs had been made for 10 years, so this was inevitable. Over the last three months, four buildings have collapsed in the city, resulting in at least 25 deaths and significant monetary losses. Experts say Mumbaiites should use this as an alarm call, and conduct periodic checks on their own buildings, like in the case of Eversweet. BEST PRACTICES Many residents are unaware that as per the BMC bylaw No. 77 for housing societies a building between 15 and 30 year old is mandated to conduct a structural audit every five years, while order buildings should be checked once every three years. Engineers employed by the local municipal corporation are responsible for these audits. A large number of buildings in Mumbai flout these rules, says Suresh Sahu, structural engineer, Supreme Engicon, a firm specialising in building repair and redevelopment. If they aren't carried out in time, other buildings may suffer the same tragic fate as the residents of the four-collapsed buildings did. BIG DEEPER Karishma Shivdasani, a 22year-old student, stays in a 60-year-old housing colony in Kalina that has only been painted over the years, without any structural checks. Even residents of 100-yearold buildings don't take it seriously and are ready to compromise

DEEP IMPACT

their safety, says Mahindra Barde, senior associate and consultant at Structwel, an engineering consultancy. Food writer Antoine Lewis,41, who has been living in a Colaba building that is over 90 years old, says, We haven't conducted any major repairs since the '80s. However, the residents themselves fund for periodic checks for painting and other external fixes. Experts say that painting is purely a cosmetic procedure, while a complete structural audit involves much more lasting repairs, such as treating rusted iron rods and strengthening pillars and beams, which will extend the lifespan of a building. (See box: Conducting a structural audit)

MSWAs Housing Societies Review 06 July 2013

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MSWAs Housing Societies Review 07 July 2013

THE HURDLES Even though residents agree that steady repairs are essential, many buildings remain unchecked for the following reasons: Costs involved: This is the biggest deterrent because bills can go from a few lakhs to a crore, depending on the size of the building and the scope of work. In many societies, most members are unwilling to shell out extra for the sinking fund. Though cost is the deciding factor for many, Sahu says, Some people spend a lot on designing their houses, but overlook signs of weakness in the structure. I n co nve n i e n ce : Re s i d e n t s o f te n o b j e c t maintenance work because it can take up to a year. Also, they insist on finishing work only in the exteriors like the staircases and terraces, but leave pillars and beams at home unrepaired, says Shetty. Redevelopment versus repair: In building are awaiting redevelopment, residents think temporary repairs are a waste of resources. Continued From Page No....04 A) Step 1: Opening Website B) Step 2: Creating User Account C) Step 3: Society Registration: Filling Profile Details D) Step 4: Updating Society Registration Details E) Step 5: Log In and Log Out from Website. In order to update the details of MSWA members, your association has offered free service for which two officers have been designated in the association office at Fort and Andheri. The required details of the society to upload the information of the society is given elsewhere in this magazine. You are requested to fill up the same and come to the association office with a copy of the registration certificate of the society. Without scanned copy of registration certificate, the details cannot be uploaded. In case, societies do not have their registration certificate, the same can be obtained

However too Damages could occur before the building is up for the process. Builders' interference: Residents of societies, which don't have conveyance deeds, are unwilling to hand over the responsibility of repairs to the builder. We don't know what to do because we can't afford a full structural repair nor do we trust the builder says a Nallasopara resident on condition of anonymity. BMC approvals: For major repairs, societies need approval from various departments of BMC, such as, sewerage, gardens, storm water, hydraulics and others, which can take as long as a year. Tenants versus owners: Since many apartments are leased out for measly rents and low interest rates, landlords are hardly interested in maintenance, says Chetan Narain, real estate developer, Narain Associates. Tenants often back out of payments, since the repairs don't hold longterm benefits for them. - by Anubhuti Matta, ( Source : Hindustan Times ) from the registrar office or contact the association office for any assistance. Complete assistance will be given to the member of MSWA free of charge. Please note that this is very important, as the societies who have not updated their details have chances of losing their registration and further, the registrar may issue show cause notice and also necessary actions against the committee including disqualifying the committee for five years in addition to payment of penalty by them. Therefore, please do consider this as an important duties to be performed by the societies. Your association has also made available the Model Byelaws of co-operative Housing Societies which is available at the nominal cost of Rs.40/- per copy at the association office at Andheri and Fort. With Best Regards CA. Ramesh S Prabhu, Hon. Chairman.

MSWAs Housing Societies Review 08 July 2013

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MSWAs Housing Societies Review 09 July 2013

J.B.Patel (Jeby)- 9820538570, HOUSING SOCIETIES ACTIVIST

BARKING FOR PARKING

LEGAL & TECHNICAL INTROSPECTION: Q - 3) : WHO OWNS THE CHS PARKING SPACE? A : a) The CHS "Solely" owns the common spaces (Stilt, Open or whatever) b) The members DO NOT own the common spaces (Stilt, Open or whatever) c) Allotment of Parking space is a "Administrative function" and "ONLY & ONLY" t h e MC has jurisdiction & is empowered to allot the parking space allotment to its own Registered members d) The GB is not empowered to decide or allot parking spaces. e) Registered members include family members and associate members f) Parking is NOT a Right of the member and at the most can be an extended as humanitarian facility to the CHS members. g) Tenant's are Nominal Members AND HAVE NO RIGHTS OF A REGULAR MEMBER, which includes having NO RIGHTS of parking in the CHS premises. However, at the discretion of the MC, parking can be an extended as humanitarian facility to the nominal members. h) Parking area (Stilt, Open or whatever) is not covered under Floor Space Index (FSI) and hence is not saleable, as upheld by the Supreme Court in the case of Nahalchand vs. Panchali CHS. I) The bye-law provision pertaining to Parking "RIGHTS" is a gross violation of the various BMC & Fire act rules and has got no force of law, in Court of Law. Q - 4) : CAN THE MC REFUSE TO ALLOT PARKING SPACES TO ITS MEMBERS ? A : a) Parking space limitation (numbers) is decided by the Lay-Out-Plan (LOP) as sanctioned by the civic body (like BMC) b) AND under the Development Control rules c) AND under the Fire Act rules d) The MC is bound to "NOT" violate the LOP & DC Rules & Fire Act rules, regarding the way common spaces are to be maintained. e) IF the MC strictly goes, by all the Laws, then the MC may refuse parking spaces to ANY & ALL of its CHS members, due to the various parameters of various Laws.

FAQs ON PARKING
Q-1) CAN A MEMBER HOLD PARKING SPACE / STILT IF HE HAS PURCHASED THE SAME? A:- Builder has to provide a mandatory parking space to every flat as per the provisions of the Development Control Regulations. Parking space which is not counted in F.S.I calculation is the property of the society. Hence, by the same reason and also as IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION FIRST APPEAL NO. 2182 OF 2007, Nahalchand Laloochand Pvt. Ltd .Appellant Vs. Panchali CoOperative Housing Society Limited., versus Panchali Co-Operative Housing Society Limited, the Builder is NOT entitled to sell you Parking Space outside the FSI consumed which was further confirmed IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2544 OF 2010, Nahalchand Laloochand Pvt. Ltd. pellant Vs. Panchali Co-operative Housing Society Ltd. But if the Builder utilizes part of the limited FSI he holds to build a car parking, then he can sell that to the Flat owner and the same can be retained under Bye-law 79 of MCS Bye Laws, as the said sale is legal in nature. Q- 2): WHETHER THE ALLOTMENT OF PARKING SPACES / STILTS SHALL BE MADE BY THE COMMITTEE ON THE BASIS OF ' FIRST COME FIRST SERVED OR UNSOLD AND AVAILABLE PARKING SPACE? A:- The common parking area / stilts is the property of the said society as per the said High Court order and also as per the various provisions of DCR & MOFA Act. But, be advised that this common parking area does not include the parking space that is reserved for each flat as per the provisions of DCR. Hence, this common parking space is the property of the society and the society can allot it on 'First Come First Serve" basis or in any other manner in accordance to decisions of all the members, within the frame work of the Model Bye-Laws & MCS Act, 1960.

MSWAs Housing Societies Review 10 July 2013

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MSWAs Housing Societies Review 11 July 2013

DEEMED CONVEYANCE TO GET AFFECTED DUE TO

APPLICABILITY OF LOCAL BODY TAX(LBT) EFFECTIVE FROM 1.10.2013 IN MUMBAI.
There was complete strike by the retails and wholesaler Trade unions to oppose the imposition of Local Body tax for the various compliance that has be done by even the small traders. No consumers were aware of its effect on the Flat purchasers or on co-operative Housing Societies seeking the conveyance. The circular issued by the Inspector of General and Registrar and Control of Stamps, Maharashtra, every transaction of sale or Gifts of immovable property executed in the Municipal Corporation after the date of applicability of LBT, shall be liable to pay 1% of the Market value towards the LBT. LBT has become applicable in all part of Maharashtra (except in Mumbai) effective from 1.4.2013. In Mumbai, the same will be applicable from 1.10.2013. Many societies who have lodged their deemed conveyance deed for registration in Pune, Nashik, Vasai Virar have already been asked to pay 1% LBT on the total market value. Even, if the market value of each flat is considered to be nearly Rs. 25,00,000/-, each flat owners is asked to pay nearly Rs.25,000/- per flat only towards LBT. The same will be applicable in Mumbai. The cost of each flat in MUMBAI will be more than Rs.50,00,000/which means, each flat owners have to be pay
MSWAs Housing Societies Review 12 July 2013

nearly Rs.50,000/- as LBT just to get their deemed conveyance registered. This is completely an injustice on the Co-operative Housing Societies who are planning to get deemed conveyance as per the latest provision of MOFA, 1963.

S. R. Desai

There need to be complete protest for levying LBT on Deemed conveyance as the sale transactions were only effected long back but the builders and the land owners were not granting the conveyance. For the default of the promoters, the flat owners who are planning to move in the right direction should not be punished by levying this Local Body Tax on such transaction. The societies who have already got the deemed conveyance, are advised to prepare the conveyance deed, get it executed and submit to the stamp duty department at the earliest, say at least on or th before 30 September, 2013, so that you can avoid paying the LBT which will be effective from 1st Oct, 2013.

Free Camp for Adoption of New Model Bye-Laws More Details Contact : 022-42551414

MSWAs Housing Societies Review 13 July 2013

PENALTIES FOR OFFENCES COMMITTED BY THE COMMITTEE OR THE MEMBER OR A PERSON AS PER THE AMENDED MCS ACT, 1960.
97th Constitutional amendment has provided in Article 243ZQ. as under (1) The Legislature of a State may, by law, make provisions for the offences relating to the cooperative societies and penalties for such offences. (2) A law made by the Legislature of a State under clause (1) shall include the commission of the following act or omission as offences, namely:(a) a co-operative society or an officer or member thereof willfully makes a false return or furnishes false information, or any person willfully not furnishes any information required from him by a person authorized in this behalf under the provisions of the State Act; (b) any person willfully or without any reasonable excuse disobeys any summons, requisition or lawful written order issued under the provisions of the State Act; any employer who, without sufficient cause, fails to pay to a co-operative society amount deducted by him from its employee within a period of fourteen days from the date on which such deduction is made; (d) any officer or custodian who willfully fails to hand over custody of books, accounts, documents, records, cash, security and other property belonging to a co-operative society of which he is an officer or custodian, to an authorized person; and (e) whoever, before, during or after the election of members of the board or officer bearers, adopts any corrupt practice Considering the above requirement of the Constitution, Section 146 has provided for type of Offences and Section 147 provided for the Punishment that shall given to every society, officer or past officer, member or past member, employee or past employee of a society, or any other person, who commits an offence under section 146, on conviction. Considering the 97 Constitutional amendment and MCS Act, 1960 , the new Model Naresh Pai Bye-laws No. 166.provided as under: The meeting of the General body of the society may prescribe penalties for different breaches of the bye-laws of the society. The Secretary of the society, under instructions from the Committee, shall bring to the notice of the member concerned, the breach / breaches of the bye-law/bye-laws committed by him. If the member persists in continuing the breach / breaches, the Committee shall give the notice to the member to show cause as why the penalty should not be inflicted on him for breach / breaches of the byelaw/ bye-laws. The general body meeting, after considering the say of the member and after giving him hearing, may levy penalty to the extent of maximum consolidated penalty of not more than Rs. 5000/- in a particular year. As per Bye-laws No. 154(b) If the Committee of the Society fails to submit Audit Rectification Report to the Registrar and the Annual General Body Meeting, all the members of the Committee shall be deemed to have committed an Offence under section 146 of the Act and shall be liable for Penalty under section 147 of the Act. Now more responsibility has been cast on the committee members to do the following important function. Earlier, the committee would have been dissolved, if M-20 Bond was not executed but now the members can bring the following points before the registrar and get the committee dissolved and also debarred from contesting election for next term of 5 years. This is more serious provision than the earlier provision of non- execution of M-20 bonds.
t h

MSWAs Housing Societies Review 14 July 2013

MSWAs Housing Societies Review 15 July 2013

1) As per section 146( c) committee of a society or an officer or member thereof fails to invest funds of such society in the manner required by section 70. To open the account in the A grade District central Co-operative Bank or other approved banks by the State Govt and not the nationalized Bank. 2) As per section 146 (e-2) any person knowingly gives a false certificate in whatever form showing that a person is or is not a "defaulter" within the meaning of that expression in the Explanation to clause (i) of sub-section (1) of section 73CA. 3) As per section 146(f) A committee of a society or an officer or member thereof, fails to comply with the provisions of sub-sections (2), (2A), (3) or (4) of section 75 which are related to the Annual General Body meeting to be held within 6 months of close of co-operative year. 4) As per section 146(g) a co-operative society or an officer or member thereof willfully makes a false return or fails to furnish a return under section 75 or 79 of the Act, or furnishes false information or willfully fails to furnish any information required from him by a person holding an inquiry under section 83, person authorized under section 88 or as required under any provisions of this Act, any officer or member of a society who is in possession of information books and records, fails to furnish such information or produce books and papers, or give assistance to a person appointed or authorized by the State Government or the Registrar under-sections 77A, 78, 78A, 81, 83, 84, 88, 89A, 94, 103 or 110A. 5) AS per section 146(k) a committee of a society, or an officer or member thereof, willfully makes a false return, or furnishes false information, or fails to maintain proper accounts. 6) As per section 146 (l) any officer, member, agent or servant of a society fails to comply

with the requirements of sub-section (4) of section 81 regarding the appointment of auditor and getting the books audited before the issue of notice to call Annual General body meeting which is required to be held within 6 months of close of co-operative year. Section 73-CA. Disqualification of committee and its members in clause(viii) says is held guilty for any offence under section 146 and convicted under section 147. The Committee and the members now will be cautious as any offence or default shall make them liable to pay the penalty and not only that they will be debared from contest the next term of the election. This is a good measure to make the committee and the members responsible. The implementation and the difficulties one need to undergo because of this provision will be known only when the same is brought to the notice of Registrar.
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MSWAs Housing Societies Review 16 July 2013

MSWAs Housing Societies Review 17 July 2013

MSWAs Housing Societies Review 18 July 2013

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MSWAs Housing Societies Review 19 July 2013

STRUCTURAL AUDITS ERRANT HSG SOCIETIES TO BE PROSECUTED

Mumbai: The Brihanmumbai Municipal Corporation (BMC) will prosecute housing societies that do not carry out structural audits of their buildings. After sitting on a proposal since 2009,the BMC issued an advertisement on June 13 announcing that it was compulsory for buildings more than 30 years old to carry out structural audits and submit them to it by mid-July.Senior civic officials said only five societies had submitted their reports. If buildings fail to adhere to the rule, we will file cases against them under Section 488 of the BMC Act. The section bars people from living in dangerous structures and risking lives of many others, an official said. After a spate of building crashes in the city and nearby areas, municipal commissioner Sitaram Kunte told civic officials to strictly implement the rule. Action against the errant building owners should not stop with issuing notices, he said, and added that prosecution must follow. Officials said there was no foolproof method to check if buildings are structurally stable. It was also not possible to predict when a dilapidated building will collapse, they said, hence the structural audit was necessary. As per Section 353B of the municipal act,it is obligatory for every owner and occupier of buildings, more than 30 years old, to have them inspected by qualified structural engineers registered with the BMC. It is mandatory to get repairs as suggested by those engineers and submit completion and structural fitness certificates to the BMC. The notice said corrective repairs suggested by the engineer should be undertaken within six months to secure structural stability of the building, failing which action will be taken. Source : Times of India, Dated 01/07/13

SERVICE TO THE SOCIETY IS THE RENT WE PAY. RIGHT TO CRITICIZE, ONLY IF YOU GET INVOLVED.
- By Shri. Rajesh Bhatt. One day a farmer, walking down the street in a small town came across a large stone in the middle of his path. The farmer complained: "Who could be so careless as to leave such a big stone on the road? Why does someone not remove it?" He went away complaining. The next day, the same thing happened with a milkman. He too went away grumbling but left the stone as it was. Then one day, a student came across the stone. Worried that someone may fall over it and hurt himself, he decided to push it aside. He pushed long and hard all by himself and eventually managed to remove the stone from the path. He came back and noticed a piece of paper where the stone was kept. He picked the paper and opened it. Inside was written, "You are the true wealth of this nation."There are two kinds of people Talkers and doers. Talkers merely talk, while doers do. The moral of this story is that if you don't want to get involved you have no right to criticize. Become the change you wish to see in this world. Service to society is the rent we pay for the space we occupy on this earth

MSWAs Housing Societies Review 20 July 2013

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MSWAs Housing Societies Review 21 July 2013

Make Your City Safe ( MYCS) Now install CCTV System in your Housing Societies at Zero Cost
By Vasim Shaikh, Business Head Make Your City Safe initiative of Zicom
Budding corporate lawyer Pallavi Purakayastha's gruesome murder in her Mumbai apartment by the security guard of the building, and earlier, the brutal gunning down of investigative journalist J. Dey in broad daylight in a posh city suburb are two recent cases of gross negligence of security and safety measures, when they are in abundance today. Pallavi's building had a CCTV installed but it was faulty. The street where Dey was killed too had a CCTV installed by the authorities, but it had a video loss, dark, clouded and blurred footage as investigations later revealed. Such killings, burglary, theft, kidnappings, molestation and rape have become order of the day across the country -Including those cities where policemen are supposed to be the best. How and why do these crimes take place? Today, most buildings are ill-equipped securitywise, and what they get to secure buildings and their residents are ill-paid, untrained and unskilled watchmen described as security guards, who are equally ill-equipped to prevent trespassers, uninvited salesmen and prickly offenders from making headway into the housing premises. Often, they are also found dozing off, chit-chatting or tending on chores such as buying grocery or vegetables for some resident. Consequently, in absence of a well-designed and robust security system, most housing societies become vulnerable -- falling prey to criminals, including rapists and murderers. Ironically, many society managements, despite adequate funds at their disposal, do not install CCTVs either because of an ill-conceived notion that the purchase or leasing of an electronic security system is expensive and its maintenance is cumbersome. Make Your City Safe ( MYCS ) Install CCTV System at Zero Cost without managing it With Zicom's electronic security products and services, getting it installed it's just a call away. Zicom MYCS services offer the following: a. Conduct a security risk assessment study of your housing society. b. Free CCTV Hardware & Software installation c. Free system maintenance, no AMC contracts d. Free Spares Replacement e. Zicom assures CCTV working 24 x 7 with minimum down time f. Daily remote Health Check of the system thru Zicom Command Centre g. Just pay Monthly Service Charge for the system usage Since its launch on 26th January, 2012 in Mumbai under Make Mumbai Safe, MYCS has captured the imagination of several cities and evolved into major properties including Make Thane Safe, Make Navi Mumbai Safe, and Make Pune Safe benefiting hundreds of societies in these five cities. The company's future plans include Make Bangalore Safe and Make Chennai Safe. Right now, MYCS has earned Zicom the responsibility of providing safety and security to over one million satisfied residents across the country. With the proliferation of cities, their growth, and many turning into mega cities in the next one decade, Zicom sees a larger role for itself as a major security services provider to them. MYCS is that one step forward towards fulfilling that responsibility. Contact Zicom on sales@zicom.com 1- 800- 270-8888 or

MSWAs Housing Societies Review 22 July 2013

MSWAs Housing Societies Review 23 July 2013

STEPS INVOLVED IN UPLOADING THE INFORMATION ON GOVT. WEBSITE:

1) You can email the details published in this magazine along with scanned registration c e r t i f i c a t e t o M S WA e m a i l s : mswa.hsg@gmail.com or You can fill up the details by taking the Xerox of the forms attached in this magazine or fill up in the same magazine form(by taking it out) with a copy of registration certificate and send to MSWA office at Andheri or at Fort. Our association officials shall fill up the details. In case, you do not have any email address please create one otherwise MSWA officers will help you to create one and give you the password which you can later on change the same. The process involved is given in the user manual published in the Govt website and also in our website : www.mswahousing.org . There are many useful information is updated in our website. The process to upload the information is as under: Step 1: Opening Website a) Open Internet Browser b) Go to Address bar and type the URL: https://mahasahakar.maharashtra.gov.in/Si te/Home/Index.aspx Step 2: Creating User Account Open Website : Follow Step 1. Govt website would opened. Go to Log in : Find LogIn Link on Bar and click on LogIn. Create New User: Click on New Registration Link Enter Details: Fill the required details for user creation. Select User Type : Please select Society as User Type. Click on Create User: User created: a) b) c) d) Step 3: Society Registration: Filling Profile Details as given in this magazine. Upload the Society Registration Certificate: Click on File Upload ink: Click on Upload File and Browse File from the opened window: Once file gets successfully submitted, confirmation message would appear on the screen . Step 4: Click on Submit Details: Click on Submit button Confirmation Message would appear Step 5: Updating Society Registration certificate: Go to Profile link. Step 6: Log Out from Website Click on Logout button: User would be redirected to Home Page if gets successfully logged out. For any queries or difficulties, you are requested to contact our association office at Andheri on 42551414 or at the Fort office on : 22656582 / 9821234770. You can also bring all the details given in this magazine along with registration certificate of the society, MSWA officers will help the members of MSWA to upload the information free of charge. This will help the societies to avoid any penal actions including the deregistration of the societies.

2)

3)

a) b)

4)

a)

a)

5)

6)

a) b) c) d) e) f) g)

MSWA IS PROVIDING FREE CONSULTANCY ON CONVEYANCE and REDEVELOPMENT ON SATURDAY BETWEEN 6PM TO 8 PM WITH PRIOR APPOINTMENT. (Call - 022 / 42551414 )

MSWAs Housing Societies Review 24 July 2013

!! KINDLY ATTENTION ALL OFFICE BEARERS !!

DONT GET YOUR BUILDING REPAIR / REDEVELOPMENT TILL YOU CALL US FREE ADVICE * WE EXPERTISE IN REPAIR & REDEVELOPMENT CONSULTANCY

Mobile : 9820146623,
SERVICES OFFERED IN MOST REASONABLE TERMS
STRUCTURAL AUDIT / REPAIRS :
Details Structural Survey / Audit of the building Find out the Leakeges Source from External / Internal Suggesting cost estimation preferring economical & Effective remedial ways Conducting Advance Technologies of NON - DESTRUCTIVE TESTS (Ultra Pulse & Rebound Hammer Test) Half cell potential chemical analis. Tender Document formulation, selecting best & competitive bidder on behalf of society. Day to day site supervision, guidance to contractor while execution on repair work. Stability certificate on completion

REDEVELOPMENT
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.

(AN ISO 9001 - 2008 CERTIFIED COMPANY)

Office: 401, Shree Krishna tower, Link Road, Andheri (W), Mumbai 400053, Tel: 2673 2435, 2673 2436, E mail: info@supremeengicons.com / supremeconsultants@yahoo.co.in Web Site: www.supremeengicons.com

MSWAs Housing Societies Review 25 July 2013

ONLINE REGISTRATION FORM

Society Registration Details
Registration Details
1. Registration Number : * 2. Registration Date : *

Society Basic Details

3. Society Type : * Housing Society 5. Society Name : * 6. Society Class : * 4. Society Code :

Address of Society during Registration

7. Address 8. Road / Street 9. Near / Opposite 10. District 11. Taluka 12. Village/City 13. Pincode :* :* :* :* :* :* :*

Present Address of Society

14. Address 15. Road / Street 16. Near / Opposite 17. District 18. Taluka 19. Village/City 20. Pincode :* :* :* :* :* :* :*

MSWAs Housing Societies Review 26 July 2013

VAST EXPERIENCED B.M.C. APPROVED CONSULTANTS

/ Lift elevator
WE OFFER FREE VISIT& BEST SUGGESTIONS FOR STRUCTURAL AUDIT/ BLDG. REPAIR CALL : 9821604948 FOR REDEVELOPMENT FREE SUGGESTION CALL : 9323054747 / 9930105990

MSWAs Housing Societies Review 27 July 2013

Other Contact Details

21. E-mail Address 22. Landlline 23. Mobile No. :* : :*

Society Members Profile

24. Jurisdiction : 25. No of Members 27. No. of Domant Members

26. No. of Active Members: 28. No of Units :

(Applicable only in case of Housing)

Society Management Profile

29. Name of Chairman :

30. Tel. No. / Mobile No. : 31. Name of Secretary :

32. Tel. No. / Mobile No. : 33. Name of Liquidator :

34. Tel. No. / Mobile No. : 35. No.of Committee Members : 37. Tenure of the Managing Committee (Months) 40. Last Audit Date 42. Audit Class ( as PerLast Audit ) 43. Upload Society Registration Certificate : * :* :* 36. Last Election Date 38. Last AGM Date 39. Audit Year :* : :*

41. Paid of Share Capital : * (as Per Last Audited Balance Sheet)

Note : 1. * Mandatory for Update 2. Society Compulsory Upload Scanned Society Registration Certificate Document Here. This Would be used by DDR for Validation
MSWAs Housing Societies Review 28 July 2013

Excellence Redefined

Mob : 9821037635 9892977396 Tel. Fax : 28798640 28790120 & 21

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Sister Concern of New India Security Force
We provide Security Guards, Armed Guards, Body Guards, Dogs Squads, Drivers, Factory Labours for Commercial Estb., Security for Housing Societies & Industrial Units

Area of operation All over Maharashtra & Gujarat

102, Vetoskar Vihar, Goddev, B. P. Road, Bhayandar East, Dist - Thane - 401105. Office : 022 3226 8900 | 022 2816 5958 Mobile: +91 823 767 7804| +91 902 945 0859 Email: society@sdhventure.in
Head. Off : Mastermind - 4,Unit No. 127, Royal Palms, Aarey Colony, Goregaon (East), Mumbai-400 065

MSWAs Housing Societies Review 29 July 2013

SEMINAR ON COLLAPSING BUILDINGS

OF MUMBAI REGION: PROBLEMS & SOLUTIONS
We will hold a seminar for proper understanding of citizens, professionals and experts on Collapsing Buildings of Mumbai Region: Problems & Solutions. Increasing numbers of building collapses is a man-made disaster that will happen in Mumbai Metropolitan Region in this decade. This is an economic as well as law-and-order problem, which calls for tough decisions on the part of the government, corporate and building industry. Commercial redevelopment alone is not the solution, especially with the looming probability of property market recession! Citizens, legislators, administration, building industry professionals and other stakeholders need to look at the problem with fresh eyes and think of longterm solutions before the tipping-point is reached for the city. WHEN: Sunday, 21 July 2013, 9 am to 6 pm. WHERE: All India Institute of Local SelfGovernment Hall, Juhu Gally, Andheri West. SYNOPSIS: Over 16,000 buildings in Mumbai were constructed before 1940. Hundreds of these tenanted and cessed buildings are propped up to prevent collapse. As clusterredevelopment schemes have failed to offer acceptable solutions to tenants, landlords and builders, these outdated buildings can be expected to collapse every year during monsoons. Some are notified as dangerous by MHADA's Repairs and Reconstruction Board. But thousands of families continue to live there. Life-expectancy of most cement-concrete structures is estimated at about 40 years. They age every year, increasing the risk of partial collapse (e.g. slab collapse) or total collapse. Hundreds of CIDCO buildings are fast deteriorating. Although only about 20 years ago, 53 of them have been been declared unsafe because of falling slabs. It has been considering increasing the floor space index (FSI) from 1.5 to 2.5 for such buildings to make redevelopment feasible. In the early '80s, cement was a scarce commodity being rationed, black-marketed and adulterated. Politicos and babus had quotas to allocate cement. Quality control was absent. Many buildings of that era have too much sand or expired cement. Poor regulation of building industry. The quality of buildings is often determined by extraneous factors such as amount of finance available to builders. High interest cost of market-borrowings force builders to complete projects in record times, without allowing proper curing of concrete columns, beams and slabs. Unauthorized structural modifications. In thousands of buildings, the flats on the ground floor, first floor and second floor are joined together as restaurants, party halls, vehicle showroom, etc. Such structural changes are usually in blatant violation of building codes, DC Regulations etc. Such violations are usually done with the connivance of the builder or the landlord, and also municipal corporation officials which issues notices, but does nothing else. Such buildings often fail to get Occupation Certificate (OC) from the municipal corporation. In Mumbai, as many as 40% completed buildings which are fully occupied and many years or decades old -- have no OC. Solutions to these problems. Various administrative, legislative, social, economic, mechanical and practical solutions that may be considered for specific buildings, or on a wider scale. REGISTRATION FEES Rs 1,900/- per head. DISCOUNTS: 1. Two or more members attending from the same society Rs 1,500/- per head, 2. Housewives and Retired Persons -- Rs 1,300/- per head Fees are inclusive of lunch, tea and snacks & printed material. To register, contact Mr Vishal Bamne on 9823911027 or 02242551414, or email mswa.hsg@gmail.com.

MSWAs Housing Societies Review 30 July 2013

REPAIRING
(23 YEARS EXPERIENCE )

REDEVELOPMENT
(18 YEARS EXPERIENCE AS PMC )

Structural Audit as per BMC norms. Detailed Cost estimate. Preparing Tender documents. Guiding Society in selection of contractor. Day to day supervision. Certification of bills. Stability Certificate.

OTHER SERVICES

Installation of lift. Stack car parking.

Deemed Conveyance Verifying property document. Feasibility report. Preparing and floating tender. Guiding society's solicitor in preparing legal documents. Guiding society in selecting good builder. Guiding society for amenities, add area, corpous fund etc. Verifying various permission like IOD, CC etc. before vacating the plot. Strict supervision to monitor quality of construction. Scrutinsing all property paper before handover to society.

H.O.:- 4, 1st floor, Chandrakant Apt., Opp. Hanuman Mandir, Shreyas Colony, Goregaon (E), Mumbai - 63., Tel Nos.:- 9322255108, 9930344006, 9930999312, 29272735 / 29272382, E-mail :- neo_tech@mtnl.net.in

CONSULTING STRUCTURAL ENGINEER, ARCHITECT & PROJECT MANAGEMENT CONSULTANT. WITH OWN NDT EQUIPMENTS

ARVIND SINGH CONSULTANTS

NON DESTRUCTIVE TESTING. (NDT)

1. 2. 3.

Ultra Sonic Pulse Velocity for Concrete strength, uniformity, crack depth etc Rebound Hammer test for concrete strength. Moisture Testing instrument for leakage/seepage detection

Specialist in as follows with 10 years experience & done more than 150 bldgs structural audits a) STRUCTURAL AUDIT BY NDT & DETAIL SURVEY b) PROJECT MANAGEMENT CONSULTANTS for Redevelopment of existing society building i.e Feasibility Report, Tender Making, Selection of Developer ,Quality control of site up to possession. c) Repairs &Restoration with advance technology of polymer treatment and 5 to 10 years warranty for repair & waterproofing etc. d) Liasoning with BMC & other Govt dept etc Contact OFFICE : : ARVIND U .SINGH (BMC Registered Structural Engineer licence no:STR/229/S ) Gandhi Nagar Samadhan CHSL., Bldg no 45, Room no 2233, next to Mhada office, Bandra East , Mumbai - 51. . Tel-022-65210232, 65345001, Mob:9820993481 Email:arvindsingh.consultant@gmail.com www.arvindsinghconsultants.com

For more details :

MSWAs Housing Societies Review 31 July 2013

new era of co-operation has begun, with professionalism and law-abiding functioning, from Accounting Year 201314. It is upto us to study and adopt the legal changes brought into the co-operative sector. By doing so, we can reap many benefits of harmonious living and orderly functioning. But if we neglect this responsibility, the managing committee can be disqualified for many years, and also penalized. The cooperative housing society may pay the price because of a leadership vacuum created by their disqualfication. Remember, knowledge is power. Also, ignorance may be bliss, but when the time comes for punishment, ignorance of the law is not an excuse! Some changes are expected in the amended Maharashtra Co-operative Societies Act to be tabled before legislature in July. But MCS Act stands amended already, and new model bye-laws have been issued for adoption. Therefore, it is crucial to prepare for the changed scenario. MSWA's latest full-day workshop, held on Sunday, 23rd June, was conducted by trainers Krishnaraj Rao, Ashok Dhingreja & CA Ramesh Prabhu at All Indian Institute of Local SelfGovernment, Andheri. The 57 paid participants at this workshop expressed their appreciation and full satisfaction. The workshops on this topic are being held every month since April, and attracting increasing amounts of interest and participation from members. DATE & TIME OF NEXT WORKSHOP: Sunday, 4TH August 2013, 9.00 am to 6.00 pm. VENUE: All India Institute of Local Self Government Hall, C. D. Burfiwala Lane, Juhu lane, Andheri (W), Mum58. (Conference Hall- 2nd Floor) WHO MUST ATTEND? Managing committee members of Housing Societies, as they will be required to make adjustments in their style of working due to

WORKSHOP ON NEW CHS LAWS & MODEL BYE-LAWS

sweeping changes in Maharashtra Cooperative Societies (MCS) Act, 1960 and New Model Bye-laws. Elections must be notified well in advance and held under supervision of the newly constituted State Co-operatives Election Authority. Statutory returns need to be filed to the Registrar, failing which the managing committee will be disqualified and debarred. Society members with grievances, as they can get speedy relief owing to extension of Right to Information to co-operative societies, and also Grievance Redressal and Dispute Resolution Committee to be appointed. But first, they will have to understand their new rights and duties! Ordinary members & associate members, who are required to actively participate in the society's affairs, failing which they may forfeit various rights and privileges. Women who are owners or joint owners of flats, or associate members, who will enjoy two reserved seats on the managing committees, as against one formerly. But they must earn the respect of the men on the managing committee by getting thorough knowledge of the various aspects of running a housing society. Members of scheduled castes, scheduled tribes, etc., who will get three reserved seats enabling active participation in their society's governance. Chartered Accountants, Advocates, Tax Practitioners, Society Managers and other professionals, who will play an expanded role in housing societies. They will have fresh avenues for earning by rendering new service, but they must understand their statutory responsibilities and legal liabilities, and also guide the office-bearers. Professionals must have a thorough grip of new laws and rules.

REGISTRATION FEES Rs 1,900/- per head. DISCOUNTS: (I) Two or more members attending from the same society Rs 1,500/- per head

MSWAs Housing Societies Review 32 July 2013

TS LTAN NSU INEERS T O C EN NT L ENG OPM EME NAG UCTURAEDEVEL A M T STR N R JEC PRO ITECTS TORATIO H S C E AR S & R AIR REP

REX CON COR Consultants Pvt. Ltd. Architects Civil / Structural Engineer - Legal Advisor
( Practical PROJECT MANAGEMENT CONSULTANTS )
Your Redevelopment project requires effective management / guide On Practical / Social / Technical / Legal / Financial grounds to be successful.
( Only 25% are successful but 75% Or 7000 societies are facing various issues & stuck. )

RE DEVELOPMENT ( F.S.I / T.D.R) : Plot & Title Survey / Documentation, Application of related govt. norms, Feasibility Report / Market Study, Informative / Multilevel Tendering Process, Selection of competent builder by society, Schematic / Elaborated Project Planning, Techno Legal documentation, planning & approvals, Scrutiny / Supervision & Quality Control, Applicatory safety & Completion Assurance

STRUCTURAL AUDIT/ BUILDING REPAIRS : Details survey / Audit, Non-Destructive Test / Chemical Test, Remedies with Estimation, Tendering process, Selection of Competent Contractor, Techno Legal documentation, Supervision Quality & Quantity Control,Bill check & Certification, Performance /work guarantee. Etc.

Follow Contract Re- Development to earn 50% + more than any builders offer. Guide book Society Re- development & Repair & Maintenance at wheeler book shop at Rly. Stn. Licensed / empanelled with BMC MHADA COURTS BANKS Govt. of Gujrat & Mah. Consultants For more than 1700 Housing / Commercial / industrial Units since last 17 Years..

Mr. Anup D. Gupta 98211 78321 Direct. Office Tel - 26734133 / 26730455 / 2635 4386 / 26344950 / 9221020869 Crystal Plaza 706 707 A wing, Opp. Infiniti Mall, Link Road, Andheri (W), Mumbai - 400 053. Email rexgroup@ymail.com , guptadanup@ymail.com website - www.rexgroup.in
MSWAs Housing Societies Review 33 July 2013

Housewives and Retired Persons -- Rs 1,300/- per head (iii) PLUS EARLY-BIRD DISCOUNT: 10% discount on applicable fees for abovementioned fees if you register on or before 21st July. Fees are inclusive of lunch, tea and snacks & printed notes i.e. gist of MCS Act & Bye-laws, plus copy of Amended MCS Act & Bye-laws on CD. FACULTY: Well-known experts & activists on cooperative housing societies, retired officers of cooperation department, including CA Ramesh Prabhu, Krishnaraj Rao and Ashok Dhingreja. To register, contact Mr Vishal Bamane on 9823911027 or 42551414, or email on mswa.hsg@gmail.com. TOPICS TO BE COVERED: Historical background of co-operative movement, land owners' societies & housing societies th Objectives & scope of 97 Amendment The meaning of High Court judgments on PIL challenging 97th Amendment MCS (Amendment) Ordinance 2013 New features of amended MCS Act 1960, their Impacts on housing societies New model bye-laws for CHS, highlights & impacts Latest circulars of Cooperation Department Requirement for submitting information / annual returns to Cooperation Department Positive & negative effects of the recent amendments on various stakeholders Further changes in MCS Act in near future -What is needed, what is likely scenario Members' rights & responsibilities -- active members, associate members, nominal members, etc. Managing committee & office-bearers duties & responsibilities

(ii)

Audit, AGM, Election Authority& Election Ru l e s , f i l i n g o f A n n u a l Re t u r n s & consequences of non-compliance Seat Reservations for Women, SC/ST/OBC etc. how to implement How to set up Grievance Redressal & Dispute Resolution Committee, and how it will function Forums of redressal for various disputes & grievances outlined in Model Bye-laws e.g. police, consumer court, co-operative court, civil court, office of dy. Registrar Theory & Practical Realities Importance of people's participation, how & where to make representations, how to create a public campaign to inform, educate & participate

Warm Regards, Krish 9821588114 Krish.kkphoto@gmail.com

MSWAs Housing Societies Review 34 July 2013

BORKAR POLYMERS,
103 & 104, Tower 47, Evershine Millennium Paradise Phase-V, Thakur Village, Kandivli (E),Mumbai-400 101. Tel: 2834 5580 2836 8858 / 9820534676 / 8655034676 E-mail: aditya.borkar@boroplast.in

120 LTR

240 LTR

Security Cabin for Single Person

Security Cabin for Two Person

Security Cabin for Three Person

35

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

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Tel.: 022 - 42551414 / 26248589 / 65.