Friday, February 25, 2011

Redevelopment of old housing societies in Mumbai: Indemnity bond in form m-20 MSC act




REDEVELOPMENT OF OLD HOUSING SOCIETIES IN MUMBAI: INDEMNITY BOND IN FORM M- 20 UNDER THE MAHARASHTRA CO-OP SOCIETIES ACT:

I take this opportunity to write something on Bond required to be executed by the members of the Managing Committee of the Co-operative Housing Societies within 15 days of their assuming the office under the Maharashtra Co-operative Societies Act 1960.
The provision is important because if the bond is not executed within 15 days of his assuming the office or if the member fails to execute the bond he shall be deemed to have vacated his office as a member of the Managing Committee.

Attention is also invited to the Bye-law no 136 of the old Model bye-laws and bye-law no 138 of the new Model bye-laws which lay down as under:

"The members of the Committee shall be jointly and severally liable for making good any loss which the society may suffer on account of their negligence or omission to perform any of the duties and functions cast on them under the Act, Rules and Bye-laws of the Society."

In addition to the above bye-laws, an amendment was inserted by Mah. 41 of 2000, S. 3 of the amending Act (w.e.f. 23-8-2000) to Section 73 by introducing Section (1AB) to the Maharashtra Co-operative Societies Act 1960. Similarly Rule 58-A was inserted by G.N. of 18-2-2002 in the Maharashtra Co-operative Societies Rules, 1961 and Form M-20 was also inserted by G.N. of 18-2-2002.

Sunday, February 13, 2011

Development Control Regulation No. 33 (7)


Development Control Regulation No. 33 (7)
Development Control Regulation No. 33 (7)
By Abhaykumar S. Jain
Former Dy. Chief Engineers (D.P.) of Municipal Corp. of Greater Mumbai
Initially there were 19,642 cessed buildings in the Island City with classification in ‘A’, ‘B’ and ‘C’ category as under –
(a) Category ‘A’ …… 16,502
(b) Category ‘B’ …… 1,491
(c) Category ‘C’ …… 1,651
Total …… 19,642
Thereafter some of the buildings were de-cessed and as per the record of June 1995, there were 18,390 cessed buildings in the Island City.
Now as per the amended D.C. Regulation No. 33(7), following F.S.I. are available –
for re-construction and re-development of the cessed buildings of ‘A” category which attract provision of MHADA Act, floor space index shall be 2.5 on the gross plot
 area of F.S.I., required for rehabilitation o existing tenants + 50% incentive F.S.I.
In case of re-development scheme of ‘B’ category cessed buildings undertaken by the
 Landlord and or Co-operativeHousing Societies of Landlord and/or occupiers, the total F.S.I. shall be the F.S.I. required for the rehabilitation of the existing occupiers + 50% incentive F.S.I.
In case of composite re-development of ‘A’, ‘B’ and ‘C’ category buildings declared as dangerous buildings by the Board before the monsoon of 1997, F.S.I. available will be as for ‘A’ category cessed buildings vide (a) above.
In case of composite development undertaken by different landlords and or Co-operative
 Housing Society of Landlords ad/ or occupiers jointly of two or more plots upto five plots with ‘A’, ‘B’ and ‘C’ category cessed buildings, F.S.I. permissible will be 2.5 or F.S.I. required for rehabilitation of the occupiers + 60 incentive F.S.I., whichever is more. Provided however if the number of plots jointly undertaken for re-development is six or more, F.S.I. 2.5 or F.S.I. required for rehabilitation of occupiers + 70% incentive F.S.I., whichever is more will be available.
Construction or re-construction of old builders under reservation/ zones contemplated in the Development Plan is permitted in accordance with the provisions of Notification No. TPB/439*2/4080-ARDP/UD-11 dated 3.6.1992 issued under section 31 of the M.R. & T.P. Act, which was issued by
 the Government to facilitate re-development of slum.
20% of the incentive F.S.I. can be used for non-residential purpose otherwise permissible in the Development Control Regulations.

Tuesday, February 1, 2011

REGISTRATION OF HOUSING SOCIETY (ANNEXURE)



*ITEM NO. 5: To authorise the Chief Promoter to negotiate for appointment of an Architect to get the plans and estimates with specification prepared, and the terms  and conditions of his appointment and to place the same before the next meeting of the promoters decision.

*RESOLUTION: Resolved that the Chief promoter be and is hereby authorised to make negotiations for appointment of __________ (Architect) of good standing and for good standing and for getting the plans and estimates with specifications prepared and for fixing terms and conditions of his appointment and to plans the  same before the next meeting of the Promoter of decision.

Proposed by Shri__________
Seconded by Shri__________
Carried: Unanimously/ by majority.

*ITEM NO. 6: To authorise the Architect of the society to invite tenders for     construction of building/ buildings in consultation with the Chief Promoter and to place the tenders recoiled before the next meeting of the Promoter for decision.

*RESOLUTION: Resolution that ________ the Architect of the society be and is hereby authorized to invite tenders for construction of building/buildings in consultation with the Chief Promoter and to place the tenders received before the next meeting of the Promoter for decision.
          
Proposed by Shri__________
Seconded by Shri__________
Carried: Unanimously/ by majority

 Or

*ITME NO.6: To authorise the Chief Prompter to take father actions in the matters of land/ taking on lease/entering into an agreement of package deal, appointment of an Architect, entering into an agreement with the contractor for constructing the building/buildings with the decisions of the meeting of the Promoter.

*RESOLUTION: Resolution that the Chief Promoter shall take  further action in the purchase in the matters purchase of land on lease/ entering into an agreement package deal, appointment of an Architect, entering into an agreement with the contactor for construction the builder/ builders, in accordance with the decisions of the meeting of the Promoters, called for the purpose hereafter.

Proposed by Shri__________
Seconded by Shri__________
Carried: Unanimously/ by majority

*ITEM NO. 7: To authorise the Chief Promoter to collect from the Promoter amount towards share capital, entrance fees, cost of the land, lease rent, preliminary expenses etc.

*RESOLUTION: Resolved that the Chief Promoter be and shall hereby authorised to collect from the Promoter amount towards the share capital (Rs.250/- each)in case of individuals and RS.500/-in of firms and companies and
entrance fee (Rs.10/-each) ,cost of land/lease rent (Rs.___-each ), towards the cost of flat (Rs.______ each),________ (if three is package deal) towards preliminary expenses (Rs.______ each) and lass receipt for the same on behalf of the Proposed Society. Further resoled that the Chief Promoter shall render proper account of all the money collected by him.

 +ITEM NO. :8 To consider the matter regarding opening a Saving Bank Account and depositing the share money and entrance fees collected by the Builder/Promoter in the Bombay District Central C0-operative Bank ltd./ authorised Urban Co-operative Bank.

+RESOLUTION: Resolved that the Chief Promoter shall see that a Saving Bank Account in the name of the ________________________ Co-operative Housing Society Ltd. is opened in the Bombay District Central Co-op Bank Ltd., authorised Urban Co-op Bank and that the Builder/promoter who has collected from the promoter amounts share capital, entrance fees, deposits the same in the Bank, in the name of the Proposed Society.

Proposed by Shri__________
Seconded by Shri__________
Carried: Unanimously/ by majority

For_______ Co-op. Housing Society Ltd. (Proposed)
Sd/-
Chief Promoter

Note: * Not necessary for a Flat for a Flat Owner’s Co-operative Housing Society. + Applicable for a Flat-Owner’s Co-operative Housing Society.