Wednesday, 31 January 2018

Diesel Generator Registrations Forms

Every Housing Society having Diesel Generator (DG) has to register there DG with Electrical Inspector , Public Works Department of there area. 

Society has to maintain the log book in which after every 15 days write no of Unit generated due to  use of DG. Every year DG inspection has to be done like Lift inspection by PWD Electrical Inspector 

Following is the per unit charges to be paid by Society 

From 01/06/2008 to 31/05/2013  No charges for DG Unit. 

From 01/06/2013 to 31/03/2015  Rs. 0.30 /-Paise per unit. 

From 01/04/2015 to Till date     Rs. 1.20  Per unit 

Following is the DG  registration form 

Saturday, 25 November 2017

Now CHS can invest in Debt or Equity Mutual Fund

As amendment of the antiquated Indian Trust Act 1882 by Government of India.  Now CHS can invest in Debt or Equity Mutual Fund 

MCS ACT 1960  Sec. 70. Investment of funds.- A society shall invest or deposit its funds in one or more of the following:-
(a) in a Central Bank or the State Co-operative Bank;
(b) in any of the securities specified in section 20 of the Indian Trusts Act, 1882;
(c) in the shares, or security bonds, or debentures, issued by any other society with limited liability and having the same classification to which it belongs:

Provided that, no society shall invest more than such proportion of its paid up share capital as may be prescribed:

Provided further that, the provisions of this clause shall not apply to any investment made by any agricultural credit society in any processing society based on agricultural produce.

(d) in any co-operative bank (other than those referred to in clause (a) of this section) or banking company, approved for this purpose by the Registrar, and on such conditions as the Registrar may from time to time impose;
(e) in any other permitted by the rules, or by general or special order of the State Government.

Section - 20, Indian Trusts Act, 1882

Investment of trust-money.
20. Where the trust-property consists of money and cannot be applied immediately or at an early date to the purposes of the trust, the trustee shall, subject to any direction contained in the instrument of trust, 2[make investments as expressly authorised by the instrument of trust or in any of the securities or class of securities] as specified by the Central Government, by notification in the Official Gazette :
Provided that where there is a person competent to contract and entitled in possession to receive the income of the trust-property for his life, or for any greater estate, no investment 3[***] shall be made without his consent in writing.
Explanation.—For the purposes of this section, the expression "securities" shall have the same meaning as assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956.]

Specified securities for investment by Trust u/s 20 of Indian Trust Act 1882

Section 20 of the Indian Trusts Act, 1882 deals with the Investment of trust-money. As per the said section, where the trust-property consists of money and cannot be applied immediately or at an early date to the purposes of the trust, the trustee is bound (subject to any direction contained in the instrument of trust) to invest the money on the specified securities only.

The Finance Ministry by notification has specified the following securities for the purposes of the section 20 as above.

(Department of Economic Affairs) 

New Delhi, the 21st April, 2017

S.O. 1267(E).—In pursuance of section 20 of the Indian Trusts Act, 1882 (2 of 1882), the Central Government hereby specifies the following securities for the purposes of the said section, namely:—

(a) Government securities; 

(b) securities, the principal whereof and the interest whereon is fully and unconditionally guaranteed by the Central Government or any State Government; 

(c) units of debt mutual funds regulated by the Securities and Exchange Board of India established by section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992);

(d) listed (or proposed to be listed on exchanges in case of fresh issue) debt securities issued by any body corporate, including a bank and a public financial institution as defined in clause (72) of Section 2 of the Companies Act, 2013 (18 of 2013), which have a minimum residual maturity period of three years from the date of investment; 

(e) Basel III Tier-I bonds issued by a scheduled commercial bank under guidelines issued by the Reserve Bank of India, which are either listed or are proposed to be listed on an exchange; 

(f) the infrastructure related debt instruments listed or proposed to be listed in case of fresh issue:—

(i) debt securities issued by a body corporate engaged mainly in the business of development or operation and maintenance of infrastructure, or development, construction or finance of low cost housing; 

(ii) securities issued by an infrastructure debt fund operating as a non-banking financial company and regulated by the Reserve Bank of India;

(iii) units issued by an infrastructure Debt Fund operating as a Mutual Fund and regulated by the Securities and Exchange Board of India;

(g) shares of body corporates listed on any recognised stock exchange which has a market capitalisation of not less than five thousand crore rupees as on the date of investment; 

(h) units of mutual funds regulated by the Securities and Exchange Board of India, which have minimum sixty-five per cent of their investment in shares of body corporates listed on a recognised stock exchanges;

(i) exchange traded funds or index funds regulated by the Securities and Exchange Board of India which replicate the portfolio of the Bombay Stock Exchange Sensex Index or the National Stock Exchange Nifty Index, or those constructed specifically for disinvestment of shareholding of the Government of India in a body corporate:

Provided that the investment under clauses (d), (e) and (f) shall be made only in such securities which have minimum AA rating or equivalent in the applicable rating scale from at least two credit rating agencies registered with the Securities and Exchange Board of India under the Securities and Exchange Board of India (Credit Rating Agency) Regulations, 1999:

Provided further that in case of investment under sub-clause (ii) of clause (f), the ratings shall relate to the non-banking financial company and for that sub-clause, the ratings shall relate to the investment in eligible securities rated above investment grade of the scheme of the fund:

Provided also that if the securities or entities have been rated by more than two rating agencies, the two lowest of all the ratings shall be considered
[F. No. 6/5/CM/2002-Vol.V] 

Monday, 5 June 2017

Guide - Residential repair rules

As per section 342 of BMC Act, 1988 (amended till date), the following “tenantable repairs”, can be carried out without obtaining permission from the ‘Building and Factory’ department of local BMC:
  • Plastering, painting, pointing of your flat
  • Providing guniting to the structural members or walls
  • Changing floor tiles
  • Repairing WC, bath or washing places
  • Repairing or replacing drainage pipes, taps, manholes and other fittings
  • Repairing or replacing sanitary, water plumbing or electrical fittings
  • Replacing the roof with the same material
  • Replacement of existing water-proofing material of the terrace.

The only pre-conditions to the renovation work to be done at residences are:
  • The original tenantable structure (whether rental or ownership) must be legal, i.e. it is based on the original BMC-approved Building plan.
  • Though no BMC permission for the above is required, it is advisable to do so under strict supervision of a registered Architect and/ or Structural Engineer
The “tenantable repairs” however shall NOT include the following:

  • Replacing or removal of any structure members of load bearing walls
  • Change in horizontal or vertical existing dimensions of the structure
  • Lowering of plinth, foundations or floors
  • Addition or extension of mezzanine floor or loft
  • Flattening of roof or repairing roof with different material
  • No merger of tenancies by removal or opening of any walls in between two or more tenancies.
  • Changing location of bathroom/ WC/ kitchen sink, in a way that can cause leakage to residents below.
  • Increasing the internal height of the structure

BMC notices
Notice issued by BMC under section 354 is a STOP Work Notice, if it feels ongoing work is unlawful. If there is unauthorised construction, then BMC can issue a Show-Cause Notice under section 351. This is NOT a Stop Work notice – it is issued when work is completed and persons are utilizing the said premises. If the officer is not satisified with the documents produced, then he has to give them an opportunity to revert the property back to the original legal status, after which BMC can inititiate demolition under section 488. The party can go to the civil court for a stay. Notice under section 381 is issued by BMC if there is nuisance to other members due to some work done by the resident.
For any construction to be legalized, there must be documentary proof (electric bill or property assessment etc.), that the structure existed prior to 1962.
Before starting renovation work on your property, if you are in doubt, it may be safe to take ‘dated’ pictures of the property. However, if you submit a letter to the local BMC office, attaching a copy of the Architect’s proposed plan, you may be requested to forward the same to Building Proposal department at Byculla, for written approval.
For debris lying on the footpaths or roadside or even inside your building compound, you may be liable to be fined. Since agents are always on the lookout to harrass citizens, collect the debris in the house and try to remove it on a Sunday. Debris has to be removed immediately by a contractor, who is authorized by the BMC to dump the debris in an approved BMC plot.
Under section 375A of BMC Act, Commissioner can give notice to owner of premises for removal of debris from their premises.
Safety Grills
Newer buildings come with the permission to install grills. For the older buildings, grills can be “legalized” by writing to the BMC (Building & Factory department) and attaching the following documents:
  • Landlord NOC or Society NOC under section 47 and 65 of model bye-laws
  • Original floor plan of the property (flat)
  • Approximately Rs 2,000 fee (exact amount depends on the area of window covered)

Lofts are governed by section 5 of Table 19 of the DC Rules, 1991 AND Mezzanine floor by Section 6  of Table 19 of the DC Rules, 1991.

Common passages
Structures built outside the flat, are not allowed (as per DC rules 1991 – Section 44(4)(f). Also corridor or exit or passage must be kept free of obstructions as per section 43(2)(f) for fire safety. Its minimum width is as specified under Table 20 of the DC rules.
For Tenanted properties too, as per section 33 of MRCA (Maharashtra Rent Control Act), the right to possession of a flat also includes the right to enter and exit the property without any obstruction (in the passage and beyond too).
Other relevant rules under co-operative housing society Model Bye-laws:
  • Section 139 and 7(d), the managing committe has the right to collect a deposit for renovation, because there may be damage to the society premises during renovation and society has the right to recover that amount from the member (even if the damage occurs inside the member’s house – for eg to the structure).
  • Section 50 under New Model Bye-laws says that no member must cause nuisance or inconvenience to other members during their renovation work. And committee has powers to stop such a nuisance u/s 50(b)
  • Section 168 takes into consideration the convenience of members, allowing usage of lifts to be regulated by the managing committee.
  • Member has to make an application for usage of terrace u/s 65(a)(ix) of  new model bye-laws. The committee can decide u/s 171 whether to grant permission or not, for temporary usage – and can also take a payment for the same.

The above is meant to be used as a guide, not as a replacement for legal opinion. For more information, please feel free to contact the local BMC office.