Know your Mumbai Municipal Corporation..... By Accommodation Times News Service Q.1. When did the Mumbai Municipal Corporation Act comes into existence? Ans. The above said Act came into force in the year 14-9-1888 and it now extends to Mumbai City, Central Suburbs till Mulund & Western Suburbs till Dahisar. Q.2. In Corporation how many Councilors are there? What is the duration of their term? Ans. There are 221 elected councilors. 5 are nominated Councilors. Normally the terms of councilors are five years. If the Corporation is dissolved then their term ends. Q.3. Which are the Municipal Authorities as per the Bombay Municipal Corporation Act, 1888? Ans. As per Section 4 there are 9 authorities as per the Act (a) Corporation (b) Standing Committee (c) Improvement Committee (d) B.E.S.T. Committee (e) Education Committee (f) Ward Committee (g) a Mayor (h) a Municipal Commissioner & (i) a General Manager of B.E.S.T. Undertaking. Q.4. Who can stand for Ward Municipal Election? Ans. As per Section 14- A person who has completed twenty one years on the last day of making nomination and who is enrolled in the Election roll as a voter of any ward. Q.5. Who decides the disqualification of Municipal Commissioner? Ans. As per Section 33 Chief Judge of the Small Causes Court is empowered to determine the disqualification of Municipal Councilor who is declared to be elected for Councilor if disputed election is also questioned on the ground of corrupt practice. If he is satisfied that a candidate has committed such practice in that even he may set aside the election of such candidate. Q.6. Who conducts Municipal Election? Ans. As per Section 18A the State Election Commissioner conducts the election and controls the preparation of electoral rolls. He can delegate his power to State Government Officer not below the rank of Deputy Collector or Officer of the Corporation not below the rank of the Asst. Municipal Commissioner. Q.7. Whether election Commissioner can requisition any premises & vehicles for the purpose of election? Ans. Yes. Any person who is an owner or in possession of premises or vehicles, on receipt of requisition order in writing has to comply with this order. He will be paid compensation for the same as per government rules and regulations. Q.8. What are the consequences, if the owner or occupant does not obey requisition order? Ans. Requisition authority or any officer deputed by them can summarily evict the person from the requisitioned premises. Q.9. What are the consequences if any person votes in Election by in personification? Ans. If it is found that the person has voted in personification then he will be taken into custody and criminal prosecution can be initiated against such a person. Q.10. Who can file Municipal Election petition and where? On what grounds? Ans. Any person enrolled in the Municipal Election roll can file Municipal petition before Chief Judge of the Small Causes Court on the following grounds: a) Disputed qualification of elected Councilor. b) Corrupt practices. c) Election Petition should be filed within 10 days from the date of publication of the results by Election Commissioner. Q.11. What happens if Election of Councilor is set aside by the Court? Ans. If the Court does not declare any other candidate as elected then it is treated as casual vacancy and State Election Commissioner may hold Election to fill casual vacancy. Q.12 Who can be Mayor and Deputy Mayor? Can a nominated Mayor become a Mayor or Deputy Mayor? Ans. After General Election, in the first meeting, the Mayor and Deputy Mayors are elected from amongst the 221 Councilors. The term of Mayor is two and half years. The nominated Mayor cannot become a Mayor or Deputy Mayor. Q.13. Who is the leader of opposition? Ans. An elected Councilor who is the leader of the opposition party having highest numerical strength of Councilors and which is recognized as such by Mayor is the leader of the Opposition. Q.14. How many members are in the Standing Committee? Does the Standing Committee have power to sanction expenses above Rs.20Lakhs? Ans. The Standing Committee consists of twenty seven councilors. After General Election the corporation shall in their first meeting appoint twenty six Councilors out of their own body to be members of the Standing Committee and the Chairman of the Education Committee shall also be a member of the Standing Committee. This is the very important committee in the Corporation which has power to sanction for more than Rs. 20Lakhs. Q.15. How many members are in the Improvement Committee? Ans. The Improvement Committee consists of 26 Councilors. The Corporation shall in their first meeting which is to be held in April after each General Election appoint 26 Councilors as members of the Improvement Committee. One half of the members shall retire on the first day of April every year. The Corporation shall in their Ordinary meeting in the month of March every year appoint fresh members on the Improvement Committee to fill the officers of those previously appointed by them who have retired. In this way the balance half Committee is elected and the strength of the Improvement Committee remains of 26 Councilors. Q.16. How many members are in the Best Committee? Ans. The Best Committee consists of 17 members and the Chairman of the Standing Committee shall be the ex-office member of the B.E.S.T. Committee. Q.17. The Municipal Commissioner is appointed by whom? Ans. Municipal Commissioner is appointed by the State Government for such period not exceeding three years. However Government may renew his appointment for not more than three years. Q.18. What are the duties of Corporation? Ans. Corporation has obligatory duties and discretionary duties. There are twenty obligatory duties like construction and maintenance of drains, drainage work. To supply water for public and private purpose. To register the births and deaths, construction of public markets and maintains schools for primary education etc. Q.19. What are the discretionary duties of Corporation? Ans. There are 19 discretionary duties of Corporation, like slum improvement and up gradation, maintenance of public parks, garden etc. and any measure not specially named likely to promote public safety, health, convenience or instruction. For example corporation makes all arrangements for Ganesh Visarjan and Ambedkar Jayanti. Q.20. What is the duty of Corporation towards pauper, lunatics? Ans. As per Section 62E of the Bombay Municipal Corporation Act, 1888 the Corporation has to make payment at the rates fixed by the State for the maintenance of such lunatic, asylum, in hospital or home; Provided if the pauper, lunatic is a resident of Mumbai for a period of more than one year. Q.21. What are the duties of Municipal Commissioner? Ans. Municipal Commissioner has entire executive power specifically imposed or conferred upon by this Act, to prescribe the duties and exercise control supervision on all Municipal Officers except Municipal Secretary and staff working under him. He is responsible for implementing the decision of the Corporation and statutory committees. Q.22. In case of disaster or unforeseen event who takes the urgent steps to save the life and property in Mumbai? Ans. In case of storm, earthquake, House Collapses or accident or unforeseen event involving or likely to involve danger or loss of human or animal life the Municipal Commissioner will take immediate action with the approval of the Mayor and in the absence of mayor Municipal Commissioner will take all necessary steps and has to report to Standing Committee of Corporation. Q.23. Whether Corporation can ask Municipal Commissioner to produce any record or correspondence or document? Ans. Yes, Municipal Commissioner is expected to comply with requisitions made by Corporation expeditiously. If such compliance is prejudicial to the interests of Corporation or Public, Municipal Corporation legally defer such compliance and he should declare the next meeting. However Corporation is empowered to form a committee to whom Municipal Commissioner will disclose the documents. Then Committee after examining the documents will take decision, whether the same should be disclosed or not? Committee’s decision is final. Q.24. Who can execute contract on behalf of Corporation? Ans. Municipal Corporation can execute contract after the prior approval of standing committee in case of contracts involving expenditure of more than Rs.20,00,000/. Contracts involving expenditure for less than Rs. 20Lakhs the Municipal Corporation can execute contract without the sanction of Standing Committee. Q.25. Can Standing Committee amends or alters the proposal of Municipal Corporation? Ans. No. Standing Committee cannot amend or alter the proposal of Municipal Corporation. At the most the Standing Committee can call information or further clarification from Municipal Commissioner. Q.26. Whether Corporation can acquire the Property? Ans. Yes, Corporation can acquire the Property within or without the limits of Brihan Mumbai for the purpose of this Act only. Q.27. In what manner the Corporation can acquire the immovable Property? Ans. The Municipal Corporation can acquire the Property by agreement. However they have to obtain prior approval of the improvement committee in case the compensation to be paid exceeds Rs. 5, 00,000/-. If the compensation exceeds Rs.2, 00, 00,000/- then the Corporation’s sanction is necessary. Every contract related to acquisition of immovable property shall be executed by Municipal Commissioner and shall have the common seal of the Corporation affixed on such Agreement. Q.28. What is the remedy if it is not possible to acquire the property by an agreement? Ans. If it is not possible to acquire the property by an agreement then in that event Municipal Corporation can take steps to acquire the property under the Land Acquisition Act with the approval of improvement committee/corporation. On the request of Municipal Corporation the State Government will take necessary steps to acquire the required property for public purpose. Q.29. Who can sell or dispose Municipal movable & immovable property? Ans. Municipal Commissioner can sell the municipal moveable property worth not more than Rs. 5Lakhs at a time. The Municipal Commissioner can grant a lease/license of any immovable property for any property for less than one year at a time. The Municipal Commissioner can sell or lease Municipal property for a period before beyond one year with the approval of concerned Statutory Committee & Corporation. The decision of Corporation is final in all such matters. Q.30. Can Municipal Commissioner Leases the municipal property at rate less than market rate? Ans. No. Only in case of a declared slum, co-operative societies formed by officers & servants of corporation, trusts registered under Bombay Public Trust Act, exclusively for medical and educational purposes could land/property of Corporation be leased at a rate less than market value of the property. Q.31. Whether Rent Act is applicable to municipal premises? Ans. No. Rent Act is not applicable to Municipal premises. Q.32. Whether Rent Act is applicable to the premises, where Municipal Corporation is the tenant of premises? Ans. Yes. There are many such cases pending in the Small Causes Court against Corporation for eviction for breaches of tenancy agreement or non payment of rent. Q.33. What is the procedure for enclosure of Balcony? Ans. The Procedure for enclosure of Balcony is as under:- An Application has to be made to the Ward Officer along with the prescribed fee, along with a copy of the plan of the Balcony. Thereafter the officer of the Bombay Municipal Corporation come and inspects the premises and grants the permission for enclosure of Balcony. The applicant can thereafter enclose the Balcony. The applicant has to pay the prescribed fees for the same. If the applicant has already enclosed the Balcony then the Ward Officer has the power to regularize the case on receipt of the application. The Ward Officer will prescribed the penalty and same will also have to be paid by the applicant. Q.34 what is the procedure for converting a Residential Premises to a premises to be used for Commercial purpose? Ans. As per the Circular bearing No. 4398/1462/CR-231/98/UD-11 dated 21/11/2000 issued by the Urban Development Department certain properties being utilized for residential purposes can be permitted to be utilized for commercial purposes. It needs to be emphasized that these properties should be in residential Zone with Shop line R-2 (R-2) and Commercial Zone (I-1, I-2 & I-3). It needs to be emphasized that certain conditions have to be complied with. Broadly speaking the conditions include (a) making sufficient arrangement for balcony of vehicles; (b) In R-2 Zone office/commercial use should not exceed 30% of the total built up area; (c) the permission should be normally not more than 400 sq. meters. The plan for the change of user has to be submitted through a licensed Architect to the Executive Engineer- Building Proposals Department and after the plan is approved the Applicant can convert his residential premises for commercial activities. It needs to be emphasized that the property tax as well as water charges would increase as there has been a change of user from residential to commercial. Q.35. What is the procedure for converting a Garage, which is used for Car Parking, to be used for Commercial purpose? Ans. Garages for Car Parking are sanctioned by B.M.C. for parking of vehicles only. It needs to be emphasized that the same are not included in FSI calculation. Therefore such conversion is not permitted by the Corporation. However, if there is extra F.S.I. or the benefits of TDR are available to the said property then such garages used for Car Parking can be regularized for commercial activities. It needs to be emphasized that many times garages are utilized by the authorities for carrying out their commercial activities. Even the Property Tax is paid at enhanced rate but then also this should not imply that member can utilize the same as a matter of right. Recovery of Property Tax is done by the Assessment Dept. whereas the plans for change of user are approved by the Building Proposals Department which has got nothing to do with the Assessment Dept. It needs to be emphasized that if the ward Office decides then they can initiate action under Maharashtra Regional & Town Planning Act, 1966. In fact if a prosecution is initiated under section 52/53 of the M.R.T.P. Act, 1966 then the same is a nonbailable offence. The police authorities in such circumstances can, at their discretion grant bail. There have been instances people have been put behind bars for their various acts of commission and omission. Q.36. What is the procedure for obtaining a certified copy of the building plan? Ans. The Applicants Architect will apply to the Ward Officer; thereafter the Ward Officer will instruct his sketches to sketch the copy of the building plan from the original copy. Thereafter the copy of the certified plan will be given to the Applicants Architect. Q.37. What are the rates of Water Charges, when the premises are used for residential purpose? What are the rates of Water Charges if the premises are used for Commercial purpose? Ans. The rates of Water Charges, where premises are used for residential purpose is Rs. 5/- for 10,000 Liters. The rate of Water Charges, if premises are used for Commercial Purpose is Rs. 120/- for 10,000 Ltrs. The Corporation reserves right to increase the charges at any point of time. Q.38. What is the procedure for filing an appeal for reducing the ratable value of the property? Ans. If the applicant is aggrieved by the ratable value as fixed by the Bombay Municipal Corporation then you should file an appeal against the ratable value as fixed by the Bombay Municipal Corporation as per Bombay Municipal Corporation Rules the appeal should be filed within the prescribed period that is from /11/2000 to /12/2000. While drafting the appeal the below mentioned points should be emphasized, if the same are applicable. 1. The Property is adjacent to slums. 2. A lot of nuisance is caused because of Beer bar, Flour Mills etc. which is near the 3. The ratable value of neighboring buildings is much less. Q.39. Can a member covers the parking stilt? Ans. No. Parking stilt cannot be covered. It is an open space. It needs to be emphasized that while submitting the plans certain areas are shown as open space and parking stilt is normally shown as open space. The open spaces are not included in FSI calculations. Q.40. Can a member covers the Terrace? Ans. No. A member cannot cover the terrace. The terrace is also shown as open space and members cannot cover the same. It is not included in FSI calculations. Q.41. Can the builder sells the Terrace to a member and deprives the other member of the open space rights as shown in the Bombay Municipal Corporation record? Ans. No. Pursuant to the High Court Judgment in the matter of Commercial House Block Owners Ltd. Vs. Vishaldas Shyamdas & Anr. (1981 Bombay-CR-716) this act is illegal and the builder cannot sell the Terrace to a member. Q.42. What is the importance of Occupation Certificate as received from the Bombay Municipal Corporation? Ans. Occupation Certificate is a very important sanction. Without this Certificate the people are not permitted to occupy the premises. If the premises are occupied without Occupation Certificate then the Municipal Corporation can prosecute the occupants under section 353case of the Mumbai Municipal Corporation Act, 1888. Q.43. What is the importance of Commencement Certificate as received from the Bombay Municipal Corporation? Ans. When the Applicant submits Application for development under section 337 or 342 of the Mumbai Municipal Corporation Act, the same is verified and if approvable IOD is issued by the Corporation. Still Commencement Certificate is received to start the work the Developer cannot start the construction activity. The Commence Certificate is issued under section 44 of Maharashtra Regional & Town Planning Act, 1966. If the Corporation withholds the Commencement Certificate or puts onerous condition in that event the Developer/Owner can file an Appeal before the Urban Development Minister under section 47 of the said Act. Q.44. What is the importance of Completion Certificate as received from the Bombay Municipal Corporation? Ans. The Completion Certificate is a very important Certificate. That means the work is complete in all respects pursuant to conditions of I.O.D… In Bombay normally Developers do not obtain Completion Certificate. After the Occupation Certificate is obtained normally the Developers do not take steps to complete. Completion of IOD conditions which are necessary before the issue of Completion Certificate. As the water connection is granted after receipt of occupation certificate, the occupants are not affected regarding the receipt of Completion Certificate in respect of the said building. Q.45. Can a society constructs an office in the Societies premises? Is the construction of office exempted while calculation the Floor Space Index (FSI) ? Ans. Yes. The society can construct an office premises in their building. However the office area between 120 sq. ft. to 240 sq. ft. is exempted from FSI depending on area of flat in the said building. When the work is seen under construction development is carried out without obtaining Commencement Certificate, notice under section 52/53 is issued by the Ward Officer calling property upon the person to remove the unauthorized work. The Ward Office may intimate the concerned Police Station to file prosecution against the person who has carried out the work without valid permission. This offence is not available. Q.46. What is the procedure for obtaining an additional Water Line from Bombay Municipal Corporation? Ans. If the premises do not have sufficient water supply the occupants may make Application to the Hydraulic Engineer’s Department through Licensed Plumber for additional water connection. The additional connection may not be given to the individual. It may be given to the society considering the inadequacy of water supply only. Q.47. Is the Bombay Municipal Corporation entitled to charge Sewerage Taxes in both the bills that is Property Tax Bill and Water Charges Bill? Ans. Yes. Normally the sewerage taxes are added in water charges bills but the same is collected by Assessment Department of Corporation. Q.48. What should a Flat holder do if the shop keeper on the ground floor is causing nuisance? Ans. If the shop keeper on the Ground Floor is causing nuisance it is not possible to stay in the residential flat. In that event the Complaint may be made to the Ward Officer and the Society to take steps for abetment of nuisance. Q.49. Is the Society supposed to obtain permission from Bombay Municipal Corporation before starting major repairs? Does the society have to pay specified amount for Water Charges and the Debris Charges? Ans. If the work are of the nature of tenantable repair then it is not necessary to obtain the permission from the Corporation but if it needs major repairs in that event it is necessary to obtain permission from Corporation and society has to pay the water charges, debris charges etc.. Q.50. Is the permission of the Bombay Municipal Corporation required for demolishing the part of a hall inside the flat? Ans. Yes. As per the Development Control Regulations Act, 1991 for demolishing the part of the wall inside the flat requires permission. Q.51. Is the Permission of the Bombay Municipal Corporation required before carrying out structural changes? Ans. Yes. It is necessary to make an Application to the Executive Engineer Building Proposals Dept. under Section 342 of the Mumbai Municipal Corporation Act, 1888. Q.52. What should a Flat holder do if there is leakage from the upper flat? Ans. If there is a leakage from the upper plot the member should complain to the society and get the leakage done with the consent of the society and expenses be shared with himself and the occupant of the upper flat. If the occupant of the upper flat or the Secretary of the Society are not agreeable in that event only alternative is to complain to the Ward Officer. On inspection by Ward staff if it is noticed that complaint is genuine the notice will be issued to the Society and its office bearers to carry out the work and comply with the notice failing which Corporation may launch prosecution against them.

Checklist For Executing Deemed Conveyance

Sr. No Description of the Document Required For Demand Conveyance 1 Certificate Of Registration Of The Society 2 One Copy Of The Complete Agreement 3 List Of Members With Stamp Duty Paid And Registration Receipt 4 Latest Property Card And 7/12 Extract 5 Title Certificate Along With Search Report For Last 30 Years 6 Lay Out Plot Plan Approved By The MCGM 7 Approved Building Plans 8 IOD, CC And / Or Occupation Certificate Issued By The Competent Authority 9 Architect Certificate 10 Latest BMC Tax Bill 11 Legal Notice Sent To The Owner & Developers And Other Interested Parties To Execute Conveyance Deed 12 Last Known Corresponding Address Of The Owners And Developers 13 True Copies Of The Agreement For Sale Of The Existing Members Of The Society Along With The Proofs Of Payments Of Stamp Duty And Registration 14 List Of Chain Of Membership Transferred To Actual Residing Member 15 Copies Of INDEX – II In Respect Of All The Flats And Shops 16 True Copies Of The Minutes Of The General Body Meeting Of The Applicant/ Society Authorizing To File An Application For Deemed Conveyance 17 The Affidavit By The Authorized Representative On Rs.100/- Stamp Paper 18 Authority Letter On Rs.100/- Stamp Paper 19 Vakalatnama 20 Draft Of Conveyance Deed 21 Rs.2,000/- Court Fees

17/01/2013: Mission LandguruZ toDay Celebrates 3 Years Of Constant Commitment In The Redevelopment Sector Of Mumbai

From The Desk Of Mr. Nilesh Kossambe (Founder & Vice President Of LandguruZ) Welcome To LandguruZ, A full redevelopment solution provider that's different...yes, I said it, different. In a sector where our competitors are shouting the same rhetoric day in and day out, they remind me of a "Barker" at a county fair trying to convince you to come inside to see the bearded lady. LandguruZ has been quietly repeating one thing over and over for the last 1095 days....100% Total Customer Satisfaction. Trust me when I tell you that it is much easier to say it than it is to actually do it. I know this because we do it every day. LandguruZ strives to form close, long-term relationships with our clients to become a trusted extension of their redevelopments. Our technique is to closely understand our client's specific redevelopment objectives from both a business and technology perspective, and tailor solutions to meet their defined requirements. For the entire team at LandguruZ, it is all about service, service, and service. Each of our internal processes are designed to ensure that the customer experience is always positive and that we exceed their expectations. I have often heard customers' who have been with us for a short time express "that they really did not believe or comprehend all of the "hype" about LandguruZ. But after being onboard for a few months they now understand "the difference". My promise to you is to bring out the very best from those around me, to completely understand our client's business goals and objectives, and a continual commitment to exceeding our client's highest expectations every single day. On this, you have my word. Thank you for your consideration of us and I truly hope to personally thank you for being a part of the LandguruZ Family. Warmest Regards, Nilesh K

Documents Required For A Home Loan In A Co-operative Housing Society

1. Identity proof – Driving license – Voters ID – Passport – PAN card – Ration card – Employee ID – Bank passbook – Letter from a recognized public authority or public servant verifying your photograph – Confirmation letter from your employer or another bank verifying your photograph 2. Address proof – Driving license – Voters ID – Passport – Ration card – Bank passbook or Bank account statement – LIC policy/ receipt – Utility bill – telephone, electricity, water, gas (less than 2 months old) – Letter from any recognized public authority verifying residence address of the customer – Letter from your employer 3. Age proof – Driving license – Passport – Bank passbook – PAN card – Birth certificate – 10th standard mark sheet 4.Income proof Income proof and property proof vary for a salaried individual and a self-employed individual. a. Self Employed/Businessmen:- – A brief introduction of Business/Profession – Balance Sheet, profit and loss account statement of income, proof of income tax returns for the last 3 years certified by a CA – Photographs – Receipts of advance tax payments if any made – A photocopy of Registration Certificate of establishment under Shops and Establishments Act/Factories Act – Registration Certificate for deduction of Profession Tax – Certificate of Practice – Receipts of Bank loans – Proof of investments (FD Certificates, Shares, any other fixed asset) b. Salaried individuals – Income Proof (any one of the following): Latest Pay slip Form 16 Increment/Promotion letters Appointment letter Pay slip (Last 2 months) with salary account bank statement Certified letter from Employer IT returns ( for three years ) – Investment proof (FD certificates, shares, any fixed asset etc.) – Documents supporting the financial background of the borrower (liabilities and assets if any) – Photographs 5. Property documents If a flat is purchased from a builder, you need the following property documents: – Original copy of your agreement with the builder – 7/12 extract – This is issued by the concerned land authorities giving details such as the survey numbers, area, date from which current owner is registered as owner etc. – Property register card, which is obtained from the City Survey Department – N.A. permission for the land from the collector, if its agricultural – If the land is agricultural and is being utilized for residential/ commercial/industrial use, then such agricultural land has to be converted to non-agricultural land and a Non-Agriculture Order has to be obtained from the Collector of the district where the property is located. – Search Report and Title Certificate – A search report and title certificate can be obtained from an advocate who will conduct a survey of the title of the property by visiting the office of registrar. A legal opinion can avoid any legal hassles later and is mandatory to be filed with the agreement for sale. – Development agreement between the owner of land and the builder – Copy of order under the Urban land Ceiling Act – Copy of building plans sanctioned by the competent authority – Commencement certificate granted by the Corporation – Building completion certificate – Latest receipts for taxes paid towards the land or property or flat to be purchased – Partnership deed or memorandum of association of the builders firm If a flat is purchased from a Cooperative Society, you need the following property documents – Original share certificate of the Society – Allotment letter from the Society in your name – Copy of the lease deed, if executed – Certificate of the registration of the society – Copy of the bye laws of the Society – No objection certificate from the Society – 7/12 extract or property register card in the Society’s name – Copy of N.A permission for the land from the collector – Search Report and Title Certificate – Copy of order under the Urban Land Ceiling Act – Copy of the building plans sanctioned by a competent authority – Commencement certificate granted by Corporation – The latest receipts of taxes paid for the property – Original Agreement to assign / Deed of assignment If you are constructing on your own land, then you will need the following property documents. – Original sale deed of land and extract of Index II – 7/12 extract or property register card in your name – Copy of N.A. permission for land from the collector – Search and title report – Copy of tax paid under Urban Land Ceiling Act (obtained from Commissionerate of Urban Land Ceiling and Urban Land Tax) – Copy of the building plans sanctioned by a competent authority – Building permission granted by the Corporation – The latest receipts of taxes paid for your land – Estimate of the cost of construction certified by the architect

Application Format For Deemed Conveyance Issued By The Chief Minister Of Maharashtra

Respected Mumbaikars, Wishing You All A Blessed New Year Ahead. For The Application Format Of The Special Drive For Deemed Conveyance Issued By The Chief Minister Of Maharashtra, Feel Free To Mail Us At landguruz@gmail.com. Yours Truly, Nilesh K Vice President LandguruZ

FUNGIBLE FSI

The Maharashtra government, in a bid to provide level playing field to developers and reduce arbitrary decision-making, has amended the development control regulations (DCRs) for the state capital city.

According to the DCR amendments, balconies, flower beds, terraces, voids and niches would be counted in the floor space index (FSI). To compensate for the loss of free-of-FSI areas, fungible FSI to the extent of 35 per cent for residential development and 20 per cent for industrial and commercial developments has been allowed with premium.

Fungible FSI would be available at 60 per cent premium for residential, 80 per cent for industrial and 100 per cent for commercial at the ready recknor (RR) rates. It can be used for making flower-beds or voids; else used for constructing bigger habitable areas.

The move is aimed at curbing the misuse of ‘free of FSI’, and mobilising much-needed revenue for infrastructure development of the city. The change in law will also pave the way for development of more than 19,000 old and dilapidated buildings in the metro. The government believes the country’s private-sector firms and multinational companies would invest in the redevelopment projects.

It was from this January 1 that the government revised RR rates ranging between 5 per cent and 30 per cent in 716 zones of Mumbai. The government believes that this is expected to shake up the realty sector, and bring in an element of certainty among the investors by cutting down the property prices.

In other changes, no premium will be charged for fungible FSI to be used in the rehabilitation component under the redevelopment of cessed buildings under DCR 33(7) and 33(9). In suburbs where buildings were not cessed, the fungible FSI on the index already consumed in the buildings would be available free of premium. This would help developments by Maharashtra Housing and Area Development Authority as also regular proposals for the redevelopment of the buildings, using transfer of development right in suburbs.

. “This is an attempt to bring in transparency and reduce arbitrary and discretionary decision-making,”

Responses have been positive. Mr. Nilesh K Vice President Of LandguruZ feels that the new rules were a step in the right direction. “It is a win-win situation for both the developers and the government,”. “Earlier, the rules had a lot of ambiguity and discretionary powers to be exercised by officers. This discretion or relaxation was over utilised by only a handful of developers in connivance with the officers. It could be seen from the market dynamics that 80 per cent of the development is been undertaken by 20 per cent of the developers due to their clout in discretion with the officers.”

It is noted that the only sad part was that even balcony was included in the premium area, which was since inception of DC rules in 1967 always free of FSI. However, the amendments in the DCR are “overall a positive change” in the real estate development.

Moreover, parking would be available as per the provisions of the DCR, but 25 per cent more at the option of the developer. This would be without premium and without being counted in the FSI. Open space requirements for development of small plots under DCR 33(7) (redevelopment of cessed buildings) has been relaxed.

The requirement under the new rules would be only 1.6 mtrs open space on all sides of plots measuring 600 sq mtrs or less. This relaxation would also be available for small plot development under 33 (10).

The new DCR has given a relief to realty players, as it has relaxed the requirement of 2 staircase for buildings above 24 metres for building of height up to 70 metres and in case of the floor plate of buildings was less than 500 metres. The reduction of floor height in residential flats and shops from 4.2 metres to 3.9 metres would eliminate the need to inspect illegal mezzanine floors.

Home owners will not be susceptible to blackmail New Bldg Approvals Will Cut Corruption

By Subodh Kumar (Municipal Commissioner-Mumbai) Source TOI Dated 16/01/2012

Building permission rules in Mumbai gave huge discretionary powers to authorities, which were misused. The amended development control rules (DCR) will put an end to this. Areas which were not included in the building’s floor space index (FSI) were given to different developers differently, spanning a huge industry of corruption. The bribe amount does not go from the developer’s pocket. He recovers it from the flat purchaser. Ultimately, the burden falls on the citizen.
There was an even bigger problem. Free of FSI areas like flower beds, voids, ducts, lobbies, etc were sold by builders and covered into living areas. Thus, although the manipulation was done by the developer, the flat buyer was held guilty of violating the law. Action was taken against him and he was also open to blackmail by unscrupulous elements in society or even by BMC staff.
Many buyers did not know what was legally permissible and what was illegal to cover in their homes. Hence, they become liable for action. Now, under the new rules, the buyer will receive everything legally permissible only and there will be no danger of blackmail or action from the BMC staff.

Mumbai is terribly short of living space. People, by and large, need more area than what they have. New rules allow 35% more area in which number of rooms or room size can be increased, instead of flower beds, voids, lofts etc, in which one cannot live. Some people argued that this 35% extra be used only to build flower beds, niches, Elevational features and not to provide additional or bigger rooms. I did not agree with this. The choice should be with the flat purchaser. Those who want additional room or bigger rooms should have that legally and those who want balcony or flower bed or voids or other Elevational features, can have that too. New rules permit both choices and life will be easy for the common man.

Earlier, loft size in a room or kitchen was restricted to 25% of the area. If anybody made a bigger loft, action was taken as it was deemed illegal. Now, all restrictions are removed and people can put the loft in their house to the extent they like. Reconstruction of cessed building in the island city will greatly benefit by these rules. Tenants were eligible to get a minimum carpet area of 300sq ft in the redeveloped building. Now, in addition, they can received an additional 105 sq ft area for which FSI will be granted free of cost to the developer. The developer, at the most, will have to incur construction cost for this additional area.




Redevelopment of cessed buildings will also be easier because most plots are under 600sq m in size. Thus, the side margins on all sides of such reconstructed buildings have been reduce to 1.5 m. This will facilitate early redevelopment of cessed buildings. The 35% additional FSI on rehab buildings is also allowed free of premium in the suburbs. It will help existing tenants/society members to receive higher area on redevelopment.

From now on, all developers will receive equal treatment. It will not only eliminate corruption, but will speed up building approval procedures.

Land prices will also come down, which have been artificially kept high due to too much money being offered by some developers, who were able to get very high free of FSI areas by manipulating the system. This will stop. Land deals area already being negotiated at lesser prices now. The benefit will ultimately reflect in lower real estate prices in the future.

WiShiNg ALL OuR MumBaiKaRs A BLeSSed NeW YeAr

What Is Importance Of Indemnity Bond

Bond required to be executed by the members of the Managing Committee of the Co-operative Housing Societies within 45 days from the date of their assuming the office whichever is earlier, under the Maharashtra Co-operative Societies Act 1960.

The provision is important because if the bond is not executed within 45 days from the date of their assuming the office whichever is earlier 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.

Now what happens to many housing societies, where Managing Committees are unaware, ignorant or have simply ignored or not bothered about the bond? In such cases, according to Registrar’s office “we offer to disband the committee and call for fresh elections”

The member who fails to execute such a bond within the specified period shall be deemed to have vacated his office as a member of the committee. Bombay High Court too has upheld this provision of MCS Act.

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.

Section 73(1AB) of the Maharashtra Co-operative Societies Act 1960 is reproduced below:

"The Members of the Committee shall be jointly and severally responsible for all the decisions taken by the committee during its term relating to the business of the society. The members of the committee shall be jointly and severally responsible for all the acts and omissions detrimental to the interest of the society. Every such member shall execute a bond to that effect within fifteen days of his assuming the office, in the form as specified by the State Government by general or special order.

The member, who fails to execute such bond within the specified period i.e. within fifteen days from joining the Managing Committee member, shall be deemed to have vacated his office as a member of the committee."

Further, the power to decide whether the losses incurred by the society are due to act or omissions of members of the committee is given to the Registrar

"Provided that, before fixing any responsibility mentioned above, the Registrar shall inspect the records of the society and decide as to whether the losses incurred by the society are on account of acts or omissions on the part of the members of the committee or on account of any natural calamities, accident or any circumstances beyond the control of such members."

Rule 58-A of the Maharashtra Co-operative Societies Rules 1961 is reproduced below:

"Every elected member of the Managing Committee shall execute a bond in Form M-20 within fifteen days of his assuming the office. Such bond shall be executed on the stamp paper as provided under the Bombay Stamp Act 1958. The expenditure on stamp paper shall be borne by the society. The Chief Executive Officer / secretary of the society shall receive such bonds and keep them on record of the society and accordingly inform the Registrar within Fifteen days from the formation of the Committee."

It is clear from above that the bond must be executed within fifteen days of assuming of office by each member of the Managing Committee in Form M-20 on a stamp paper. Failure will invite penal consequences.

Indemnity bond m20 format

Indemnity bond m20 format

I, Shri. ....................................... age xxx resident of ....................

has been elected on the Managing Committee of ''''''''' Co-Op. Hsg. Society Ltd,


......................................................... for the period .


I have assumed office from



I declare today i.e. ............... that I shall be jointly and severally responsible for

all the decisions taken by the committee during its term relating to the business of theSociety and shall be jointly and severally responsible for the acts and omissions

detrimental to the interest of the Society, as provided in section 73(1AB) of the Act.






( Signature)


Managing Committee Member

Date:

Place:





Signature of witness :


Hon. Chairman/Hon.Secretary

Advantages Of Tendering

ADVANTAGES OF TENDERING

v As advertisement is given in 3 prominent newspapers society will get good offers from reputed developers.

v As offers are invited in a sealed tender form, there is a severe competition among the bidders.

v As all the specifications and terms and conditions are same for all the bidders, it becomes easy for comparison and evaluation.

v Earnest Money Deposit in the form of PAY ORDER  payable to the society is taken from each and every bidder so that unwanted or non interested parties do not bid for the work

v Mode of measurement of carpet area and person who will certify the same is clearly defined.

v Entire redevelopment proposal to be done in society’s name making it safer for society in case of any problems faced by developer.

v Right to change and or remove developer stays with the society.

v As all the details pertaining to commercial terms such as Bank Guarantee, temporary accommodation, cost of additional area etc is clearly defined the chances of ambiguity and disputes are virtually non-existent.

v Detailed technical methodology of work is laid out in the tender document under the head of technical specification.

v Basic rates are mentioned in the tender document enabling members to change any specification for their individual uses.

v Right to check amendments of plans during the progress of work is kept with the society.

v Material to be used is spelt out with brand names to avoid any confusion.

v As all the items are defined clearly the chances of getting realistic offer are excellent.

v Consequences of delay are defined in tender document.

v Tender is a legally binding document.

v Bye Law No 158 recommends need of tender document for construction of building.

After a proper feasibility report is submitted, the next step in the process of Redevelopment of any society is the most important one, viz: Selection of the PERFECT DEVELOPER, who will meet all the needs of the society, and at the same time be financially stable, and having a lot of experience of Redevelopment because unrealistic offers can often lead to redevelopment projects being stalled and leave residents in a fix.

This is achieved by the process of tendering, wherein the PROJECT MANAGEMENT CONSULTANT will float a tender document containing all the Legal, Technical, and Commercial & Other important Terms & Conditions, whereby maximum safety of the society members is ensured, as they are parting with their life's most valuable possession.... their house, in the hands of a perfect stranger.

Consent Letter For Redevelopment

Dear Sirs,
Sub: Re-development of property of ____________ CHS Ltd. Situated at ____________bearing Survey Number __________ CTS No____________

I am registered member of Co-operative Housing Society named as _____________ (herein after referred to as the “Said Society) entitled to and occupying a residential Flat bearing No.____ admeasuring total carpet area ______sq. ft (hereinafter referred to as the “Said Flat”) in the building known as _________________ situated at_______________

The Said Society is registered with the Register of Co-operative Societies vide its registration number __________ of (Year) at Mumbai. I further state that I am holding ___________ shares of Rs. ______/- each bearing distinctive Nos._______ to ________ (both inclusive) under Certificate No.___________ dated ____________ issued by the Said Society.

In accordance with the directive under Section 79(A) of Maharashtra Co-operative Societies Act 1960 issued to all the Co-operative Housing Societies in the State of Maharashtra regarding redevelopment of buildings of Co-operative Housing Societies as contained in their circular no. CHS 2007/CR554/14-C dated 3rd January 2009, the said Society, unanimously resolved in its Special General Body Meeting held on ________________that as per the completed formalities of tendering system, M/s _____________ has been shortlisted to assign the redevelopment of the existing old residential building of the Society and will construct new residential building.

Accordingly, I hereby give my irrevocable consent for redevelopment of the captioned property to be redeveloped by M/s_____________ (herein after referred to as the “Said Developer) in accordance with the present rules and regulations of MMRDA and as per the Development Control Regulations of Mumbai Municipal Corporation.

I hereby undertake to shift to an alternate accommodation from the date the said Developer intimates to the said Society and the said Society intimates to me for vacating the building to be handed over to the said Developer for demolition and for the purpose of constructing a new residential building on the property of the said Society.

If the said Developer fails or defaults in maintenance and/or compliance or violates any of the terms and conditions of the Development Agreement proposed to be executed with the said Society, I shall have full rights to redress my grievances and file a case against the said Developer (which expression shall unless it be repugnant to the context and meaning thereof be deemed to mean and include his heirs, executors, administrators and assigns).

I hereby willingly and without any coercion, through this irrevocable consent letter convey and undertake to co-operate with the society, the Developer and /or any other body statutory or otherwise for the purpose of redevelopment of our building and for that purpose I am irrevocably consenting for the demolishment and reconstruction of a new building and am willing to handover the vacant and peaceful possession of my flat bearing number …… on the …….floor of the Said Society or the re-construction.

I hereby undertake that I am agreeable to the Society appointing the Chairman and Secretary to represent me in all matters concerning the re-development project. I hereby state that I will be bound by the decisions taken in accordance with the directive under Section 79(A) of Maharashtra Co-operative Societies Act 1960 issued to all the Co-operative Housing Societies in the State of Maharashtra regarding redevelopment of buildings of Co-operative Housing Societies as contained in their circular no. CHS 2007/CR554/14-C dated 3rd January 2009.

I further undertake not raise any objection to the agreed terms and conditions of re-development finalized which will be binding on me and/or my legal heirs, assignees, successors etc. I hereby declare and confirm with the Developer as follows:

a. I have purchase the above referred flat on my own and the same is self acquired property and no other person has any nature whatsoever in the above referred flat.

b. I have not done/shall not do any act, whereby the Developer may be prevented from entering into the Development Agreement with the Society whereby the right, title and interest of the Developer mentioned under Development Agreement and/or any other document given by the Society to the Developer for re-development.

c. I have not made any commitment for sale/transfer of the above flat nor is prevented by any order or injunction of any court or authority or tribunal from transferring the said entitlement to the Developer.

d. The irrevocable consent given through this letter is unconditional and binding upon me subject to compliance of the terms and conditions of the Development Agreement as executed between the society and the Developer.

e. Subject to the aforementioned contents of this consent letter is binding upon me till the construction of the new building is complete and the Developer handovers the possession to all the members in the new residential building.
Dated this _________________ day of ____________________ 20

Signed/-
Name…………………..
Flat no:

In the presence of

Chairman (Mr.M/s.__________________________)

Secretary (Mr.M/s.__________________________)

(Seal of the Society)

Redevelopment: Broader perspective From Mr. Mahendra Sawant

From The Desk Of Mr. Mahendra Sawant.( B.E-Civil, D.C.E, Masters In Construction Management)
REDEVELOPMENT PROCEDURE OF  SOCIETIES IN MUMBAI





Redevelopment of housing societies is usually burdened with bitterness and complaints of high-handedness and corruption against the Managing Committee. Hence, with a view to ensure transparency in societies seeking to undertake redevelopment projects, the state co-operative department has, for the first time, issued guidelines for societies to follow under section 79 (A) of the Maharashtra Co-operatives act, 1960.





The guidelines are issued by a committee comprising the co-operatives commissioner and Cidco chairman pursuant to a deep study of complaints by members of Housing Societies undertaking the redevelopment of their property. According to an important feature in the guidelines, a redevelopment scheme has to be approved by the general body only if three-fourths of the society members are present at the meeting.





The special general body has to approve the bid of the successful bidder in a meeting attended by the registrar. The entire proceedings have to be video-recorded. Once the agreement is accepted in terms of area and corpus fund, it cannot be revised. The successful bidder has to give a bank guarantee equivalent to 20% of the total project cost to show his financial strength, and proof that he will not throw away the project midway.





The Developer has to complete the redevelopment project in two years, or a maximum of three years. The development agreement must be signed on carpet-area basis. Most importantly, if, for some reason, the successful Developer is unable to complete the project, he cannot sell his agreement to another Developer.



It has been often noticed that during the process of redevelopment, the terms of Development Agreements as agreed upon, are later twisted and grossly violated by the Developers and the ground rules of MRTP and DCR by unlawful planning are flouted by constructing additional/unauthorized areas that are beyond the entitlement (i.e. beyond the plot FSI and the TDR/FSI loaded) for their hidden financial gains. The buyers of such unlawful flats/properties land themselves in deals that lead to litigation at a later date.



At times, upon the completion of the Project, there are major inconsistencies and discriminatory features noticed in the approved plans v/s actual layouts, measurements and other aspects in respect of the constructions of residential area and the commercial area which may not be in conformity with the Development Agreement originally executed between the Society and the Developer.



Under Right to Information Act, the Housing Society can procure all the Plans and the related documentary evidences from MCGM duly attested by two Senior Engineers of the Building Proposals Dept. to study the anomalies which exist in execution of the entire redevelopment project even after the occupancy certificate is issued.





It has also been observed that the deviation of vital Rules and Guidelines of MRTP/MCGM/DCR are conveniently overlooked by few corrupt and dishonest but “Sympathetic Officials” of MCGM and the final plans with numerous anomalies so submitted by the said Developer are approved by them without verifying the justifiability or its conformity with the Development Agreement executed with the Society.





Further, it is learnt that in many Societies, the Managing Committees, who execute the documents with the Developers, do not possess any legal holding as they have never filed/nor aware of filing the Indemnity Bond in Form M-20 on a Stamp required under Section 73(1AB) and Rule 58A of the Maharashtra Cooperative Societies Act 1960.



The members who fail to execute such Bonds within the specific period are deemed to have vacated his office as a member of the committee and no legal effects can be given to the documents executed by them with the Developers.





STAGES OF REDEVELOPMENT


1. Offer letter to the society

2. Terms and conditions with the society

3. Agreement with the society

4. Sanction from MCGM in favour of the society

5. Loading of TDR in the society’s name

6. Obtaining the IOD

7. Shifting of the members

8. Demolition of the building

9. Obtaining the CC

10. Construction of the new building

11. Obtaining the OC

12. Shifting the old members



Offer letter to the society: The Housing Society is required to advertize in 2 leading news papers inviting the sealed tenders from the Developers and a Redevelopment Committee is formed to shortlist atleast 3 Developers on merits and the comparative data is placed before the SPGM for final selection. The selected Developer is informed accordingly and his terms are invited in writing as an Offer letter to the society



Terms and conditions with the society: The first step towards the re-development is agreeing on the basic terms and conditions between the members and the Developer. The broad terms and conditions will include extra area, corpus money, shifting charges, alternate accommodation, time of re-development, amenities in the new building, etc.



Finalizing the plans with members: After due consultation with all the members, the plan will be made to suit the requirements of the existing members and will be approved by them before applying for sanction from MCGM



Agreement with the society: The execution of the development agreement will be done once the above two points have been cleared by both the parties and after the draft copy of the agreement have been approved by the solicitors of both the parties. It is possible to appoint a common solicitor so as to reduce the time in execution of the document



Sanction from MCGM in favour of the society: After the execution of the development agreement, plans are put up for sanction from MCGM with regards to the entire layout as well as the concession plans in favour of TWO FSI (i.e. plot area + TDR purchased from open market). This step makes the society feel safe and confident towards the Develop



Loading of TDR in favour of the society: On receipt of the plans from MCGM approving the loading of TDR, the Developer will purchase the TDR from the open market in the name of the society and get the same deducted and loaded from MCGM. This step is taken with the intention of making the society feel secure about the entire development process



Obtaining the IOD: After the TDR is loaded, the IOD is obtained from the MCGM, the Developer then starts fulfilling all the conditions as mentioned in the IOD before obtaining the Commence Certificat



Shifting of the members: The members will feel lot more confident after the IOD is been obtained from the MCGM towards the entire development of TWO FSI. The members will now shift into their alternate accommodation as a pre-requisite before demolition of the building which is a must before obtaining the CC from MCGM



Demolition of the building: Once the members have shifted into their alternate accommodation, the demolition of the building will take place either all the wings simultaneously or phase wise depending upon the scheme of re-development. Usually about three months are given to the members from the date of execution of the development agreement before asking them to shift to the alternate accommodation



Obtaining the CC: The IOD approval and demolition of the building will be followed by the issue of the CC (plinth level) by the MCGM which shall enable the Developer to start the construction work and after the plinth lines are verified by the MCGM officers, the further CC is granted for the complete building



Construction of the building: The building construction work will began in full earnest as per the approved plans by the MCGM taking into consideration the various safety factors to be considered during the construction work. The quality and the amenities will be provided as per agreed terms and conditions



Obtaining the OC: The last step before the construction work is termed as complete is obtaining the Occupation Certificate enabling the Developer to allot the occupation to the old as well as the new member



Shifting the old members: On receipt of the Occupancy Certificate the Developer can lawfully allow the possession of the flats to be taken over by their owners




DUTIES AND FUNCTIONS OF THE DEVELOPER




1. The Developer to demolish the building existing in the plot and construct new multi storied buildings taking into account the earthquake resistant factors as directed by The Municipal Corporation of Greater Mumbai. The new building should have stilt for car parking and should consist of _____ stories as per approved plans. The final plans are to be prepared after due consultation with the managing committee and understanding their requirements.



2. The Developer shall be responsible to obtain all the necessary approvals from The Municipal Corporation of Greater Mumbai and all other statutory and Government offices and departments which will include:

1.Development Planning Remark or Town Planning Remark: MCGM (Dev. Dept.)

2. Survey of the entire plot with regards to the area and topography of the

plot,

existing plot boundary and existing structures (Developer’s Architect)

3.Intimation of Disapproval (IOD): MCGM

4.Property Tax Assessment NOC: MCGM (Assessment Department)

5.Hydraulic Engineer No Objection Certificate: MCGM (Hydraulic Department)

6.Storm Water Drainage No Objection Certificate: MCGM

7.Sewerage No Objection Certificate: MCGM

8.Traffic Deptt. of Municipal Corporation of Greater Mumbai No Objection Certificate:

MCGM

9.Urban Land Ceiling NOC: Competent Authority in Collector's Office

10. Tree No Objection Certificate: MCGM (Tree Authority)

11.Non-Agricultural Permission: Collector's Office

12.Civil Aviation No Objection Certificate: Airport Authority of India

13.Pest Control No Objection Certificate: MCGM (PCO)

14.MTNL No Objection Certificate: MTNL

15.Chief Fire Officer's No Objection Certificate: Fire Department Office

16.Commencement Certificate: MCGM

17. Lift Inspection No Objection Certificate:Inspector of Lifts, PW

18. Occupation Certificate (OC):MCGM

19.Water Connection Certificate under section 270A:MCGM

20.Drainage Completion Certificate:MCGM (Water Department)

21.Building Completion Certificate (BCC):MCGM

22.TDR Loading:MCGM

23.Building Demolition Work:Contractor appointed for demolition work

24.Soil Testing Report:The Concerned Laboratory



Please ensure to collect all the listed certificates from the Developer/Developer as the same must be with the custody of the Housing Society once the redevelopment of the property is completed and the occupancy certificate is issued by MCGM to rehouse the members.



3. The Developer should provide the following infrastructure after the completion of the re-development work:

a. Complete paving around the building finished with suitable materials

b. Storm Water Drain

c. Sewerage lines

d. Security arrangements

e. Garden and landscaping (wherever possible)

f. Pipe gas line (as per availability)

g. Internet facility (as per availability)

h. Society office

i. Adequate car parking spaces



The Developer has to provide extra areaover and above the existing carpet area to all the members free of cost in the newly constructed building. The flower bed as open balcony area should be provided as permitted by The Municipal Corporation of Greater Mumbai. (Area will be approx sq.fts.)



4.The Developer should pay the society/individual member, a corpus fund of Rs……..towards granting of development rights. The above amount is helpful in paying all outgoings of the existing members in the newly constructed flats. The corpus amount is worked out on the basis of Rs……..per sq.fts on the existing carpet area.



5.The Developer should provide displacement compensation towards temporary alternate accommodation to the affected members during the construction work at the rate of Rs…… per sq.ftson the existing carpet area. The compensation has to be paid from the time the vacant possession is given by the members for demolition till the construction of the new building/s is/are complete and the peaceful possession of the new flats given by the Developer.



6.The society shall accept and admit the prospective/additional flat owners of the newly constructed building/s as members of the society and treat them at par with existing members.



7.The Developer should prepare a tentative layout of the new building which has to be shown to the members as and when required.



8.The Developer may tie up with leading financial institutions and banks and arrange for necessary approvals for housing loans for the existing members and prospective clients.



9.The Developer should complete the entire re-development work within a period of ___ months or as agreed with the Society after all the legal formalities and Municipal approvals are obtained. The initial Municipal approvals will take about three months depending upon the existing rules and regulations governing the re-development work.


STANDARD LIST OF AMEMITIES


Structure:The structure would be designed as Multi Frame Structure of RRC with provisions of Earth Quake resistance features.



Elevation and Planning:Exquisitely designed elevation features may be provided along with careful and detailed planning with plenty of light and ventilation in each rooms and minimum wastage space with proper co-ordination of all rooms. The building may be provided with sand faced plaster on the external face water proofing plaster and chicken mesh should be used as required



Entrance Lobby:The entrance lobby may be elegantly designed with Granite tile and POP false ceiling.



Doors: All the doors should be provided with Marine Flush Doors and CP frame with cover mouldings. The main door must be provided with good quality night latch, safety chain, tower blot and attractive handle. Internal doors may be provided by cylindrical mortise type locks.



Windows:All the windows of rooms and toilets should be provided with marbles frames with designed mouldings. Heavy section powered aluminum sliding windows with 5 mm tinted glass may be provided with imported bearings and fittings.



Plaster of Paris:Beautifully designed cornice has to be provided in living room. Walls of all the rooms to be finished with POP panning and grooves to be provided on top of the skirting



Electric work:All the electric wiring work must be done as per the norms of Reliance Energy using 1/18, 3/20, and 7/20 flexible wires with use of MCB and ELCB for safety of the flat owners. Latest available switches of reputed company must be provided. Extensive electric layout comprising of the following points to be provided:

Spot Lights (living room and bed room)

Tube lights

Fans

A.C. (living room and bed room)

Geysers

Exhaust fans

Aqua guard

Mixers

Washing machine

Refrigerator

T.V. cable

Gas pipe line (if available)

Refrigerator

T.V. cable

Gas pipe line (if available)



Plumbing:All the plumbing pipes, fixtures and fittings should be strictly as per IS Norms. CP plumbing fixtures (ESS ESS or JAGUAR) should be be provided in all toilets with matching sanitary ware of reputed company. Plumbing points should comprise of wall mixtures, showers, taps, washing machines and aqua guard.



Flooring and Tiling: Marble or granite or granite flooring should be provided with matching skirting of 3”. Toilets should have full dado height of coloured glaze tiles of reputed company of Indian or imported make with designer borders and motifs.



Kitchen:Granite kitchen platform comprising of cooking and serving platforms may be provided with moulded facia patti and vertical sides. Stainless steel sink has to be provided.



Colour:The entire flat should be painted with Synthetic enamel paint including doors and ceilings. The external walls of the buildings must be painted with good quality cement paint.



Lift:Lift of OTIS/Johnson make may be provided with all the safety features.

Terrace: The terrace should be finished with china chips and high parapet wall with corner lights and water points.



Compound wall and gates: New compound wall should be constructed with proper design and sufficient electric points. M.S. main gate should be provided for safety.



Paving: The entire compound wall should be paved with concrete and finished with heavy duty checkered tiles.

The task of satisfactory completion of redevelopment of any Housing Society and to get back their members in their dream houses is not difficult provided the Office Bearers and the Committee Members are honest and justify their respective posts in the welfare and well being of the members of the Society.

IOD And Maning

Incase you need consulting/assistance in your society redevelopment procedure do email us on landguruz@gmail.com or contact us on 9820202142
To avoid disaster in the process of redevelopment of hosing society in Mumbai interpretation of law is important
Today society are opting for redevelopment in which the builder provides them extra carpet and larger rooms by taking the benefits of FSI using TDR and construct additional residential and commercial and earn monetarily
Most important aspect arises at the time when existing building of the society is demolished on the basis of IOD (Intimation of Disapproval)
An IOD is issued based to developer after the redevelopment plans are submitted to the Building Proposal Department of BMC , The developer needs to comply with many requirements obtain various clearances from Environment Authorities, Tree Authorities, Fire Officer etc. Only after the clearances are obtained, the developer gets a commencement certificate (CC)
All these clearances are necessary before getting the cc and after getting the IOD
If the developer fails to get all these clearances the construction cannot commence
However it is seen that the buildings are demolished on the basis of IOD even when major clearances are not obtained.

Redevelopment in depth

Redevelopment Rules

An increase in Floor Space Index (FSI) and the ratio of permissible built up are to plot area and the ever increasing property prices are making developers approach residents asking for permission to demolish their old structure and put up a new building with more apartments for a big house and more money
There are some facts you definitely need to check before you put your society for Redevelopment with a developer
 Documents Required by the society : 
- Conveyance deed
- Society Registration Certificate
- General Body Resolution to go for redevelopment
- List of member with their respective carpet areas
- C.T.S. plan & property card for the plot.
- D.P. remarks, If the property is under TPS scheme then T.P. remarks
- Copy of municipal approval plans
Appointing a Redevelopment Project Management Consultant (PMC)
It’s very important for co-op housing society in Mumbai to appoint a redevelopment project management consultant (PMC) who will first prepare a feasibility report
Consultant is basically a team of Architects, Civil Engineers and Legal Advisors.
An Architect is required to prepare financial feasibility of project, Technical Analysis of offers of developers, verifications of building plans prepared by the developers, preparation of schedule of municipal process with developer
Choosing a developer / builder
The developer / builder should have strong cash surplus, otherwise the development of the new building could land up in a stop gap
STAGES OF REDEVELOPMENT in Mumbai
1. Offer letter to the society
2. Terms and conditions with the society
3. Agreement with the society
4. Sanction from MCGM in favor of the society
5. Loading of TDR in the society’s name
6. Obtaining the IOD
7. Shifting of the members
8. Demolition of the building
9. Obtaining the CC
10. Construction of the new building
11. Obtaining the OC
12. Shifting the old members

DUTIES AND FUNCTIONS OF THE DEVELOPER

Occupation Certificate

OCCUPATION CERTIFICATE




Construction of the building: The building construction work will began in full earnest as per the approved plans by the MCGM taking into consideration the various safety factors to be considered during the construction work. The quality and the amenities will be provided as per agreed terms and conditions and duty of Project management consultant to ensure the same.

Obtaining the OC: The last step before the construction work is termed as complete is obtaining the Occupation Certificate enabling the Developer to allot the occupation to the old as well as the new member.

Shifting the old members: On receipt of the Occupancy Certificate the Developer can lawfully allow the possession of the flats to be taken over by their owners.

Indeminity Bond

It is learnt that in many Societies, the Managing Committees, who execute the documents with the Developers, do not possess any legal holding as they have never filed/nor aware of filing the Indemnity Bond in Form M-20 on a Stamp required under Section 73(1AB) and Rule 58A of the Maharashtra Cooperative Societies Act 1960.



The members who fail to execute such Bonds within the specific period are deemed to have vacated his office as a member of the committee and no legal effects can be given to the documents executed by them with the Developers.

DUTIES AND FUNCTIONS OF THE DEVELOPER

From The Desk Of Shree.Mahendra Sawant
Architectural Head

The Developer to demolish the building existing in the plot and construct new multi storied buildings taking into account the earthquake resistant factors as directed by The Municipal Corporation of Greater Mumbai. The new building should have stilt for car parking and should consist of _____ stories as per approved plans. The final plans are to be prepared after due consultation with the managing committee and understanding their requirements.


The Developer shall be responsible to obtain all the necessary approvals from The Municipal Corporation of Greater Mumbai and all other statutory and Government offices and departments which will include:


• Development Planning Remark or Town Planning Remark:MCGM (Dev. Dept.)


• Survey of the entire plot with regards to the area and topography of the plot, existing plot boundary and existing structures (Developer’s Architect)


• Intimation of Disapproval (IOD): MCGM


• Property Tax Assessment NOC: MCGM (Assessment Department)


• Hydraulic Engineer No Objection Certificate: MCGM (Hydraulic Department)


• Storm Water Drainage No Objection Certificate: MCGM


• Sewerage No Objection Certificate: MCGM


• Traffic Deptt. of Municipal Corporation of Greater Mumbai No Objection Certificate: MCGM


• Urban Land Ceiling NOC: Competent Authority in Collector's Office


• Tree No Objection Certificate: MCGM (Tree Authority)


• Non-Agricultural Permission: Collector's Office


• Civil Aviation No Objection Certificate: Airport Authority of India


• Pest Control No Objection Certificate: MCGM (PCO)


• MTNL No Objection Certificate: MTNL


• Chief Fire Officer's No Objection Certificate: Fire Department Office


• Commencement Certificate: MCGM


• Lift Inspection No Objection Certificate: Inspector of Lifts, PW


• Occupation Certificate (OC):MCGM


• Water Connection Certificate under section 270A:MCGM


• Drainage Completion Certificate: MCGM (Water Department)


• Building Completion Certificate (BCC):MCGM


• TDR Loading: MCGM


• Building Demolition Work: Contractor appointed for demolition work


• Soil Testing Report:The Concerned Laboratory


Please ensure to collect all the listed certificates from the Developer/Developer as the same must be with the custody of the Housing Society once the redevelopment of the property is completed and the occupancy certificate is issued by MCGM to rehouse the members.

Associate Membership And The Legal Implications Of His/Her Rights In The Society

From The Desk Of(G.V. NAYAK)

       Advocate, High Court

The Maharashtra Co-Operative Society Act provides four types of membership under section 2 (19) and they are:-

1.   A member means a person who submits an application for registration of co-op. Hsg. Society which is subsequently registered, or a person duly admitted to membership of the society after registration. It includes nominal, associate or sympathiser member.

2.  Associate member:  Associate member means a member who holds jointly the share of the society with others but whose name should not stand first in the share certificate.

3.  Nominal member:   Nominal member means a person admitted to membership as such after registration in accordance with the bye-laws.

4.  Sympathiser member:  Sympathiser member means a person who sympathises with the aims and objectives of the society and who is admitted by the society as such member after registration of the society.

All promoter/ members at the time of registration are considered to be the main member and all people who were admitted as such member by the society can be called as the member of the society.

A member occupying the flat in the housing society is not a tenant of the society. There is no relationship between the society and the member as landlords and tenants. The relationship is a special type which is governed by special law made for the purpose, i.e. Co-operative societies act and the rules and bye-laws with regulations framed from time to time. The nominal member or the sympathiser members are not entitled to any share in any form whatsoever in the profits and assets of the society. The nominal or sympathiser member does not enjoy ordinarily any privileges and rights of a member. But a member or an associate member have some privileges and rights subject to such liabilities of a member as specified in the bye-laws of the society.

I will explain the legal position of a member and an associate member. A member of the society is fully qualified to enjoy the rights in respect of the property and also enjoy additional rights of administration to the affairs of the society. If one member purchases a flat that member is not only the owner of the flat but also has a right to participate in the administration of the society, viz. To attend the meetings, exercises vote, become a member of the managing committee and hold any post of office bearers after election. So he enjoys two rights, one proprietary right and second administrative rights. This member has absolute rights to dispose of his flat and transfer his proprietary rights as well as administrative rights to a purchaser.

But the associate member is a member who has been delegated with the powers to participate only in the administration of the society but he has no proprietary rights in the property, viz. The flat. The associate member is like a joint member but he is not exactly the joint member as understood by us.

Some times the flat is purchased by two persons and these two persons either might have contributed equal amounts for purchase or some share in the property, may be 50-50% of both are joint owners. Here the joint owner is not an associate member.  First member and joint member both have property rights and at the time of sale of the flat, both have to execute the deed of transfer or agreement of transfer. The associate member is a member created by the main member. In the society’s administration, a member cannot grant to third party a power of attorney to participate in the administration of society’s affairs. But he has absolute right to grant power of attorney to deal with his flat for selling or dealing with it. The associate member enjoys the rights only to the extent of participating in the administration provided he submits his application to the society. His rights are derivative rights although the law provides that the associate member’s claim can be joints as next to the main member. He does not enjoy the power to execute the deed of sale when the flat is sought to be transferred.

The power of the associate member extinguishes when the main member dies.

These legal implications of an associate member are not clearly stated in law but by various judicial precedents and judgement, the privileges and the rights of the associate member are stated. When a member appoints an associate member and if the main member exercises his power of attending the meetings, to exercise his vote and participate in the election, the associate member cannot claim the right to participate jointly with the main member.

It is only the main member who is unable to exercise his powers on account of staying away from the area of operation or sick or mentally unsound, then the associate member can exercise the participative right in the administration of the society.

All societies should always remember that whenever an application for associate membership is filed with the recommendation of the main member, the society must ascertain whether the associate member stays in the flat. It is necessary that the associate member should reside with the member. If he is not residing, the society is justified in rejecting such intending associate member’s application for admission. (this is a mere guideline given by the federation).

It is very pertinent to note that although the associate member is not having a share in the property or no proprietary rights, he is bound by the liability to pay to the society if there is any arrears.

The associate member by accepting his status of the society, becomes liable to pay to the society’s outgoings in the event of the first member or the main member failing or unable to pay. The associate member therefore has only the liability to pay the outgoings and also enjoys the participative right in the management but he has no right to claim any share in the property and in the flat.

The societies therefore should not admit an associate member unless they ensure that the associate member has an income and that he is residing with the main member and that he has to exercise the right only in the absence of the main member. These three criteria’s are to be considered before the society accepts the associate member.

The associate member in the absence of the main member can attend general body meetings, exercise voting rights, get himself elected in the managing committee and become office bearers. These are the administrative rights enjoyed by an associate member so long as he is an associate member. The termination of the associate membership has to be done only in accordance with the provisions of the bye-laws. As regards nominal member, neither they have proprietary rights nor do they have administrative right. They are enjoying the right because the society has accepted them and they have to play their role within the permissible limit. But, however, they are liable to pay admission fees before they are enrolled.

If you have any doubt about the rights and the privileges of the associate member after reading the legal implications of associate member, you may write to me.