Structural Repair, Painting & Waterproofing

MahaSeWA

August 2017

Vol. 11 Issue 04

Total Pages : 44

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MSWA’s Housing Societies Review 03 August 2017

Dear Members, Season's Greetings! A-2/302, Laram Centre, Above Amar Juice Centre, Near Bus Depot, Opp. Andheri Rly. Stn. Platform No. 6 Andheri (W), Mumbai - 58. (Pay & Parking Available in the Compound )

Off : 022 - 42551414 / 26248589 / 65 Mob.: 09820106766

Pursuant to strict implementation of RERA Act by the Government from 1st May 2017, the word RERA has become now Talk of the Town Housing Guru Ramesh Prabhu Chairman, MahaSeWA – specially in Real Estate Arena. MahaSeWA is pleased to inform you all that it is continuously receiving number of requests to carry out the registration procedures of new and upcoming projects from various Developers / Builders with the MahaRERA Authorities in Mumbai. We have so far successfully completed number of registrations and in the process of getting a lot of new projects registrations.

MANAGING EDITORS 9890187344 Mr. V. Viswanathan

MahaSeWA suggest and highly emphasis that henceforth anyone interested in booking any apartment, plot or building, regardless of residential or commercial or industrial units anywhere in Maharashtra should browse through MahaRERA's Website and EDITORIAL BOARD only after diligent veri ications should go ahead and transact. As it 9820687418 Mr. S. R. Desai has become mandatory for all Builders / Promoters/ Developers to 9850822472 Mr. Naresh Pai register their new and ongoing or upcoming projects they can avail 9819513758 CA. Vishal Gala 02242551414 the services of MahaSeWA for getting their projects duly registered Adv. Arun Bendkhale with MahaRERA Authorities by contacting MahaSeWA's of ice at the earliest. Free &

(S) Rs. 2360/(I) Rs. 1180/-

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MOST IMPORTANT

RERA – Seminars across the city – Due to the strict implementation of RERA in the State by its Authorities in the recent past, MahaSeWA has been holding number of conferences / talks across Mumbai and other places in the interest of those who wishes to buy new properties across the state and the result is encouraging from the attendance in the said prgrammes. You can get the seminar schedules by contacting MahaSeWA's ever-ready Help Desk during the of ice hours from Monday to Saturday. Also, MahaSeWA has published three books on RERA and you are welcome to purchase from our of ice. Should you have any query / doubt in RERA please visit us with prior appointment and our concerned Help Desk would be too glad to help you in this regard. Continue on Page No. 08 CONTENT

For General Housing Society related queries, Contact MSWA office at Tel.: 022-42551414 E-mail : [email protected] Views expressed in this Magazine are of the authors & MSWA is not Responsible for its Contents. Circulate among Friends and other members of the Society

Page

Major Boost for Mhada Redevelopment

06,

Push and fear as RERA Deadline near

10,

Having Registered Under RERA - What Next

14,

Drive for Fresh Voter Enrollment

18,

Reverse Charges Under GST

20,


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MAJOR BOOST FOR MHADA REDEVELOPMENT The Government of Maharashtra, Urban Development Department on July 3 2017 noti ied its long awaited amendment in respect of redevelopment of MHADA layouts. Ramesh S. Prabhu goes into the details The redevelopment in Mumbai started with the incentive FSI of 2.5 given to 56 EWS/LIG and MIG MHADA Colonies by amending Rule No. 33(5) of Mumbai Development Control Rules, 1991. Each tenants were assured of minimum 300 Sq. Feet carpet as against earlier area of 180 sq. Feet to 220 Sq. Feet. The increase in housing prices post 2005 further gave boost for the MHADA Redevelopment and the tenants of MHADA Colony started receiving the offers for better corpus and few developers also offered additional area over and above 300 Sq. Feet to the existing tenants. The premium payable for the area available for sale was given to the builder at the premium of 40% of Ready recknor rate. Compared to the selling price, the premium amount was very much negligible. Therefore, there was huge rush from both the developer and the societies of MHADA to go for redevelopment and execute the agreement very quickly. The setback Considering the pro it to be earned by the developer at the cost of the MHADA land and also the great demand for affordable housing, the government took a decision in September, 2010, to claim housing stock from the developer of MHADA colonies instead of the charging the premium. The economic working and the feasibility of the MHADA development took a hit and all the redevelopment project came to a complete standstill since Sept 2010. Many societies had executed the dev-elopment agreement considering the premium payment for additional FSI.

Bene its of the new scheme 1. Minimum assured area of 508 sq. Feet carpet which may be converted into two bedroom lats 2. Corpus as may be mutually decided between the developer and the society. 3. The arrangements were mostly made by the societies pre Sept 2010 as per the rate prevailing at that time and now also the rate of the houses even in a dull market is much above the rate of 2010. Therefore, the projects becomes viable. 4. With the introduction of RERA & transparency in the real estate project execution further helps the societies to proceed with redevelopment. 5. The societies now will be able to issue fresh tenders and select the developer as many of the old developers could not compete the project due to various reasons. Following are the main features of new MHADA redevelopment GR 

As per new policy, in case of plots having area upto 4000 sq.mtr., FSI upto 3.00 shall be given by collecting the premium for the FSI to be used by the developer for sale without insisting MHADA's share in form of built-up area.


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Further for the plots having area of 4000 sq.mtr. or above, additional 1 FSI shall be granted to the developer making the total FSI of 4. Upto 3 FSI premium shall be charged and additional 1 FSI built up area shall be shared with MHADA at the construction cost.  The front on roads should have width of 18.00 mtr. or more to get the bene it of additional FSI of 3 by paying premium and additional 1 FSI in area sharing with MHADA.  The existing tenants will be entitled for 35 Sq. Meters of carpet area of lat plus fungible FSI of 35% making the total minimum area of 508 Sq. Feet Carpet area. 

Continued from Page No. 04 Newly introduced GST: Further, you are well aware that the Government has implemented The Goods & Service Tax to whole country except Jammu & Kashmir. This is Government's move of One Tax One Nation. This can be viewed as ushering a new era of Taxation across the country. The accord, no doubt is delayed to implement due to one or the other factors. The effort came from all sections of the political parties, who set aside narrow interests and placed the country's priority at the top. Needless to add, this re lects the maturity of Country's democracy. MahaSeWA records its appreciation by the Central Government for heralding such makeover in Indirect Tax. The main objectives of GST is to do away once for all -- to re lect homogeny in the tax policy across the land that would bene it Country's economy. Meanwhile, MahaSeWA is happy to announce about a new book on LAYMAN GUIDE ON GOODS AND SERVICE TAX (GST) authored by its Chairman, Housing Guru Ramesh Prabhu. The book is in lucid language and anyone can grasp the contents and derive its bene it thereof. MahaSeWA continues its effort for providing much required mandatory Educational Training to all members of Housing Society pursuant to Section24(A) of the Maharashtra Societies Act, 1960. Further it is also continues to hold conferences in

Many societies had demolished the building waiting for the approval. The redevelopment of MHADA completely stopped.The societies started various campaign to reintroduce the premium policy at least for smaller plots of MHADA. And, this month, the new MHADA policy of redevelopment has been noti ied, which has been welcomed by the housing societies and developers. This move will bene it over two lakh MHADA residents and developers as well. (Ramesh S. Prabhu is Chairman, Maharashtra Societies Welfare Association) Source : Afternoon Dispatch & Courier | 14 July 2017

the societies across Mumbai and also in its of ice premises on a regular basis in the interest of hassle-free society management by its members themselves. For further details please contact our Help Desk. Further MahaSeWA is happy to announce the forthcoming 5th National Confedertion of Residents Welfare Associations (NCRWA), for the irst time in Mumbai. Full details thereof has been published elsewhere in this very issue that you are holding now. All Mumbai Residents (who are staying in Mumbai for a minimum of three years and are graduates from any recognized Indian University) are once again requested to register as Voter to cast their Votes in the MLC Election-2018 which is less than a year from now. For complying this all you have to do is to ill-up Form No. 18 which you will ind elsewhere in this magazine. Also, a gentle & earnest reminder to clear unpaid annual membership fees with that of arrears, if any, (that might have escaped your attention) thereof to support the activities of MSWA, which is spearheading the Society issues as you are aware of. Wishing you happy reading of informative MSWA's Housing Society Review – as ever & as again, Housing Guru Ramesh Prabhu Chairman – MahaSeWA Email [email protected]


STRUCTURAL AUDIT OF BUILDINGS ----- Save life Save Property Faulty design, Load on structure, poor construction quality Internal and external forces

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Bye-Laws of Cooperative Housing Societies

Purpose of Structural Audit  To save human life and buildings.  To understand the condition of building.  To find critical areas to repair immediately,

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Exposed slab

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Advantages of Structural Audit  To know the health of the building and

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1. For building aging between 15 to 30 years once in 5 years 2. For building aging above 30 years once in 3 years 3. As per municipality-it is mandatory for building aging 30 year +.

society to understand the seriousness of the problems and the urgency required to attend the same.  We have BMC, TMC, PMC, NMMC licensed Structural Engineers.  Cost on audit saves you in lakhs during repairs.  It fulfills legal compliance requirements.

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2. Inspection of overall building and surrounding including each and every at.

Report A report of the results of an inspection and NDT of a building shall comprise (a) a detailed description of the visual inspection and any full structural investigation of the building conducted by the structural engineer; (b) analyses of observations and every test conducted in the course of any full structural investigation of the building; & (c) recommendations by the structural engineer as to such building works as are necessary to ensure the structural stability or integrity of the building.

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Rush and fear as RERA deadline nears Source : Afternoon Dispatch & Courier | 28 July 2017

With Just Three days left for completion of RERA Registration for ongoing construction projects, the state government has made it clear that no extension will be given to developers or Real Estate Agents registration with the MahaRERA Website. Housing Guru Ramesh Prabhu explains the concerns and consequences.

W

MahaRERA has launched the online registration of the projects from 1st May 2017 itself and is regularly issuing necessary guidelines to clarify easy

e can ind the builders in Maharashtra are in a great rush to register their ongoing projects with Maharashtra Real Estate Regulatory Authority (MahaRERA). The last date for RERA registration is July 31. The illegal activities, cheating and fraudulent activities, taking consumer for ride prevailing in the real estate sector, forced the government of India to bring out a legislation to regulate the real estate sector. Real Estate (Regulation and Development ) Act, 2016 ( RERA) has become effective from 1st May, 2017 across India except Jammu and Kashmir. Every state government has to formulate its own rules and also establish the Real Estate Regulatory Authority, Real Estate Appeallate Tribunal and Adjudicating of icer to administer and regulate the sector. MahaRERA is the authority set up by the government of Maharashtra to register the real estate projects, monitor, administer, supervise and penalise the builders, land owners, agents or consumers who contravene any of the provisions of RERA.



Registration details



As per section 3 of RERA, every promoter (Builder or developer) who is developing plots, building or apartment is legally required to register such projects with MahaRERA before carrying out any advertisement, marketing, sale or book. As far as on going projects are concerned where there is no occupation certi icates, such projects are required to registered within 3 months of the commencement of the Act which expires on 31st Jul, 2017.

registration process. As per the information, there are more than 10,000 ongoing projects in Maharashtra of which nearly 1500 applications have been received by MahaRERA. The promoter is required to give all the information of the projects and also the projects which have been completed in the last 5 years. In order to get the projects registered with MahaRERA, proper approval has to be submitted with the draft copies of allotment letter, agreement for sale, conveyance deed, sale deed including the date by which the projects shall be completed. Some of concerns of the developers who are avoiding the registration of the ongoing projects are  

 

Flats have been sold of which there are no approvals Additional construction over and above the approved plans have been done The projects are delayed for a period exceeding 3 to 5 years Same lats have been sold to multiple investors/ consumers Projects are stalled due to litigation or changes in the policies of the government Lack of required funds or slow sales which makes it dif icult to declare the date of completion of the projects

Once the project is registered, the developer will have to comply with the following provisions which some of the developers want to avoid


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(a) 70% of the receipts from the customers will have to be kept in a separate account which compulsory required to be used for the purpose of land and construction cost. For withdrawal three professionals like Architect, Engineer and CAs certi icate has to be obtained. (b) Audit has to be done by another CA within 6 months and same has to be uploaded on the website. (c) On quarterly basis, the project details, money spent for the project with progress done need to be updated. (d) All the details of the lats, their booking status, approval received need to be submitted. (e) Payment of interest as per SBI maximum Marginal lending plus 2% need to be paid to the customers for any delay including any compensation which may be decided by the adjudicating of icers. (f) For any illegal activities or unfair trade practices, the registration may be cancelled by the authority which means the projects shall be handed over to the association of the allotees or any other persons but the developer will lose the project (g) Any addition or alternation or use of additional future FSI which is not disclosed require the permission of 2/3rd allottees consent. (h) Sale or Transfer of the projects require consent of 2/3rd allottees as well as the authority. No way out for builders The developer or builders also cannot avoid the registration of the projects. They are caught in crossroads not knowing the next course of action against such stringent provisions. Already few developers have iled a case before the Nagpur Bench of Mumbai High Court and builders and developers welfare association have iled PIL before Madhya Pradesh High court challenging the registration of on going projects and restriction on use of money collected from the customers. The quantum of penalty and the penal actions that follows certainly means it makes sense for the genuine builders to get their projects registered with MahaRERA. Any business which is done within a regulatory frame work shall help them

to grow and prosper. If the projects which required to be registered do not get registered, the following will be the consequences on such erring developers. (a) If the ongoing projects are not registered on or before 31st July, 2017, the MahaRERA on the basis of sourced information may initiate penalty proceedings and the penalty may go up to 10% of the estimated cost of the project as determined by the authority. (b) MahaRERA has already issued a standard operating procedure to hear the complaints vide SOP dated 24th July, 2017 through a dedicated email : sourcedetails@maharera. mahaonline.gov.in It has been made clear that the details of the complaint will be kept secret. (c) MahaRERA has already started collecting information from the local authorities about the projects which have been sanctioned of which Occupation certi icates have not been issued. (d) Going forward, the MahaRERA shall issue necessary directions to the local authorities not to provide with any further Commencement certi icate, unless & until the registration with MahaRERA is done or provide an undertaking that no sales or marketing has been done. (e) Even after, the order for registration is granted and the developer fails to register the project, a provision for further penalty of 10% of the cost of the project or three years imprisonment or both. (f) To compound the imprisonment terms, a compounding fees ranging between 5% to 10% of the cost of the project is provided. (g) Any false information or any violation of any of the legal provisions attract penalty up to 5% of the cost of the project. (h) Any appeal before the appellate tribunal requires the developer to deposit at least 30% of the amount decided as penalty by the authority or any higher amount as may be decided. (i) All the complaints are heard within 60 days by the authority or the appellate tribunal and thus decisions are also going to be very quick. (Ramesh S. Prabhu is Chairman, Maharashtra Societies Welfare Association)


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HAVING REGISTERED UNDER RERA – WHAT NEXT Having registered their project under RERA, a lot many promoters would have this question on what they would be required to do post registration. In the current write up, we intend to examine and discuss one important aspect of this question which is covered under Section 11 of Chapter III. Chapter III of The Real Estate (Regulation and Development) Act, 2016 – deals with the functions and duties of the promoter. Web Page- Related Information: -Section 11 subsection 1, mandates the promoter to create his web page on the website of the RERA authority. The obvious intention of the law in making this mandatory for the promoter is to facilitate those interested stake holder /party access to the updated information on the project. Section 11 (1) mandates the promoter to give on the webpage details of registration granted by the authority. In addition, the Section 11 (1) also requires the promoter to give a quarterly update on the following information relating to the project. 1. List of bookings done in respect of : a. Number and types of apartments or plots, as the case may be ; and b. Number of garages. 2. list of approvals taken and the approvals which are pending subsequent to commencement certi icate; 3. Status of the project. 4. Such other information and documents as may be speci ied by the regulations made by the Authority. Advertisement: This than now brings us then to look into the next part of the requirement which is covered by Section 11(2). The Act now requires that any advertisement, or prospectus issued or published by the promoter shall mention prominently the website address of the Authority, wherein all

details of the registered project have been entered and include the registration number obtained from the Authority and such other matters incidental thereto. Understanding of what c o m p r i s e s o f t h e w o r d CA. Ashwin Raje 'advertisement 'under the act is M - 70455 99709 important before we proceed further as the word 'advertisement' under the Act has a wider meaning than as may generally be construed in the common parlance . . Under Section 2 (b) of the act "advertisement" means any document described or issued as advertisement through any medium and includes any notice, circular or other documents or publicity in any form, informing persons about a real estate project, or offering for sale of a plot, building or apartment or inviting persons to purchase in any manner such plot, building or apartment or to make advances or deposits for such purposes; Booking:- Section 11 (3) - calls on the promoter at the time of the booking and issue of allotment letter to makes available to the allottee, the following information, namely:— (a) sanctioned plans, layout plans, along with speci ications, approved by the competent authority, by display at the site or such other place as may be speci ied by the regulations made by the Authority; (b) The stage wise time schedule of completion of the project, including the provisions for civic infrastructure like water, sanitation and electricity. T h e p rov i s i o n s re l a t i n g to P ro m o te r s responsibility are governed by Section 11 (4) of the Act. (a) Agreement for Sale: The promoter shall be responsible for all obligations, responsibilities and functions under the provisions of this Act or the rules and regulations made thereunder or to the allottees as


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per the agreement for sale, or to the association of (e) Formulate CHS / Association as applicable : allottees, as the case may be, till the conveyance of - Enable the formation of an association or society all the apartments, plots or buildings, as the case or co-operative society, as the case may be, of the may be, to the allottees, or the common areas to the allottees, or a federation of the same, under the association of allottees or the competent authority, laws applicable: as the case may be:. Provided that in the absence of local laws, the Exception – Structural Defects : - Even after association of allottees, by whatever name called, giving the conveyance , under section 14 (3) the shall be formed within a period of three months of promoter will continue to be liable for structural the majority of allottees having booked their plot or defect or any other defect in workmanship, quality apartment or building, as the case may be, in the or provision of services or any other obligations of project; the promoter as per the agreement for sale relating to such development is brought to the notice of the (f) Conveyance: promoter within a period of ive years by the allottee from the date of handing over possession, it Execute a registered conveyance deed of the shall be the duty of the promoter to rectify such apartment, plot or building, as the case may be, in defects without further charge, within thirty days, favour of the allottee along with the undivided and in the event of promoter's failure to rectify such proportionate title in the common areas to the association of allottees or competent authority, as defects within such time, the aggrieved allottees the case may be, as provided under section 17 of s h a l l b e e n t i t l e d to re c e ive a p p ro p r i a t e this Act; compensation in the manner as provided under this Act. (g) Payment of all outgoings : (b) Completion / Occupancy Certi icate :Be responsible to obtain the completion certi icate or the occupancy certi icate, or both, as applicable, from the relevant competent authority as per local laws or other laws for the time being in force and to make it available to the allottees individually or to the association of allottees, as the case may be; (c) In case of Lease : Be responsible to obtain the lease certi icate, where the real estate project is developed on a leasehold land, specifying the period of lease, and certifying that all dues and charges in regard to the leasehold land has been paid, and to make the lease certi icate available to the association of allottees;

Pay all outgoings until he transfers the physical possession of the real estate project to the allottee or the associations of allottees, as the case may be, which he has collected from the allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and inancial institutions, which are related to the project):

Provided that where any promoter fails to pay all or any of the outgoings collected by him from the allottees or any liability, mortgage loan and interest thereon before transferring the real estate project to such allottees, or the association of the allottees, (d) Maintaince of Essential Services : as the case may be, the promoter shall continue to be liable, even after the transfer of the property, to Be responsible for providing and maintaining the pay such outgoings and penal charges, if any, to the essential services, on reasonable charges, till the authority or person to whom they are payable and taking over of the maintenance of the project by the be liable for the cost of any legal proceedings which association of the allottees; may be taken therefor by such authority or person; MSWA’s Housing Societies Review 16 August 2017

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(h) Encumbrances : -

(5) Cancellation of Allotment : -

After he executes an agreement for sale for any apartment, plot or building, as the case may be, not mortgage or create a charge on such apartment, plot or building, as the case may be, and if any such mortgage or charge is made or created then notwithstanding anything contained in any other law for the time being in force, it shall not affect the right and interest of the allottee who has taken or agreed to take such apartment, plot or building, as the case may be;

The promoter may cancel the allotment only in terms of the agreement for sale: Provided that the allottee may approach the Authority for relief, if he is aggrieved by such cancellation and such cancellation is not in accordance with the terms of the agreement for sale, unilateral and without any suf icient cause. (6) The promoter shall prepare and maintain all such other details as may be speci ied, from time to time, by regulations made by the Authority.

MahaSeWA

Drive for Fresh

oter Enrollment

MUMBAI Graduates' Constituency - MLC Election – 2018 MahaSeWA has taken an initiative to create a Mass awareness campaign to register as a voter of Member of Legislative Council (MLC) for Mumbai Graduate Constituency . You are requested to enroll as many members as possible from your society , your members as you are honored as the “Booth Level Volunteers” for enrolling the voters for any election. The enrollment form No.18 need to be kept ready with all the documents like Photo, residence proof and graduation proof like marksheet or graduation certi icate. MahaSeWA shall help you in any way to make this campaign a great success. You may arrange a meeting or invite our member relationship of icers to your SGM or AGM by keeping the agenda of “ Enrollment as voter for Mumbai Graduate Constituency for July 2018 election”.

The center page carries the poster and we request you to take it out from the magazine and display on the notice board. You are also requested to issue a circular to all the members with form No.18 by making the Xerox of the same given in this magazine and empower, inspire and motivate the members to become a voter. For more details you may contact our association of ice on : 022-42551414/32 or send an email on : [email protected] or contact our area wise member relationship of icer (MRO) to visit your society, attend the meeting, arranging an awareness meeting or address your committee meeting or general body of the society as and when arranged.

www.rameshprabhu.in / www.mswa.co.in / www.mswahousing.org

For more details and also assistance in getting mark sheets etc. duly stamped by Gazetted Officer, you may contact MahaSeWA volunteers on 022-42551414,or WhatsApp on 70455 99702, or Email on [email protected] MSWA’s Housing Societies Review 18 August 2017

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RAIN WATER HARVESTING Specialist in of Rain Water Planning, Harvesting system Design & in Housing Socities Implementation D. s. EnGInEErs & COntrACtOrs (B.E.CIVIL)

Licenced plumber & Certified Rain Water Harvesting Consultant for BMC & Vasai Virar Muncipal Corporation ADDRESS : 78-A, ABDUL REHMAAN STREET, MASJID, MUMBAI - 4000 003 CONTACT : 097 02 347 333 / 097 02 494 523 EMAIL: [email protected] MSWA’s Housing Societies Review 19 August 2017

REVERSE CHARGE UNDER GST Meaning of RCM under GST: As per 2 (98) “Reverse charge” means the liability to pay tax by the recipient of supply of goods or services or both instead of the supplier of such goods or services or both under sub-section (3) or sub-section (4) of section 9, or under sub-section (3) or sub-section (4) of section 5 of the Integrated Goods and Services Tax Act, 2017. Applicability and Registration for Taxpayers who Pay Reverse Charge : All persons who are required to pay tax under reverse charge have to register for GST irrespective of the threshold Threshold:- turnover in a inancial year exceeds Rs 20lakhs (Rs 10 lakhs for North eastern states).

(c) The date immediately after 30 days from the date of issue of invoice by the supplier (60 days for services) I f i t i s n o t p o s s i b l e to determine the time of supply under (a), (b) or (c), the time of supply will be the date of entry in the books of CA VISHAL GALA Mob - 981951 3758 account of the recipient Eg:  Date of receipt of goods 2nd July 2017  Date of payment 7th July 2017  Date of invoice 1st August 2017  Date of entry in books of receiver 18th July 2017  Time of supply of goods 2nd July 2017

Situations under where reverse charge applied: 1. Unregistered dealer selling to a registered dealer (In such cases, the registered dealer is required to pay GST on RCM basis for such supply.) 2. Services through an e-commerce operator 3. CBEC has noti ied a list of 12 services on which GST paid by the recipient on 100% reverse charge basis: the Services are (a) Non-resident service provide. (b) Goods Transport Agencies (c) Legal service by an Advocate/ Firm of Advocates (d) Arbitral Tribunal (e) Sponsorship Services (f) Speci ied Services provided by Govt. or Local Authority to Business entity (g) Services of a director to a company (h) Insurance agent (i) Recovery Agent of Bank/ FI/ NBFC (j) Transportation Services on Import (k) Permitting use of Copyright (l) Radio Taxi services to E-commerce aggregator (eg: Ola, Uber, etc.)

Composition Scheme under GST : Taxpayers with the aggregate turnover of Rs. 75 lakhs ( for special category states turnover upto Rs.50 Lakhs) in a inancial year are eligible to pay tax under composition scheme. But, taxpayers paying tax on the basis of reverse charge under GST are not eligible for composition scheme.

Time of Supply for Goods Under Reverse Charge: In case of reverse charge, the time of supply shall be the earliest of the following dates -: (a) He date of receipt of goods or (b) The date of payment or

GST Compensation Cess : GST Compensation Cess will also be applicable on reverse charge. GST Compensation Cess will be levied and collected at a rate which will be noti ied later. This will apply on all supplies of goods and services, including imports and reverse charge supplies.

Invoicing rules: Every service recipient, who is paying tax on the basis of reverse charge, has to mention fact in his GST invoice that is being issued. A registered person who is liable to pay tax under reverse charge respect of goods or services received by him from the supplier who is not registered. Input Tax Credit under RCM: (a) The service recipient can avail Input Tax credit on the Tax amount that is paid under reverse charge on goods and services. (b) The condition is that the goods and services are used or will be used for business. (c) ITC in RCM cannot be used to pay output tax, it means payment mode only in cash.


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Year of Registration 1973 1982 1992 1999 2002 2002 1988 1997 2004 2001 2002 1984 1984

[MahaSeWA]

MAHARASHTRA SOCIETIES WELFARE ASSOCIATION HOUSING GURU

Head Office : A-2/302, Laram Centre, Near Bus Depot, Opp. Railway Station, Andheri (W), Mumbai - 400 058.,

Dear Of ice Bearers, We deeply appreciate your sel less efforts to manage your society. I now invite you to join the drive to enroll maximum voters for Mumbai Graduate Constituency MLC (Member of Legislative Council) for the July 2018 Election. Following a Supreme Court judgment, the Election Commission mandated (vide circular dated 05.09.2016) that a fresh voter list of graduates should be prepared for this election.

Ramesh Prabhu, Chairman B. Com. F.C.A., CISA (USA) Mob.: 98201 06766 Tel : 022 - 4255 1414 / 32 Email: [email protected]

Maharashtra Government (vide G.R dated 13.10.2016) has authorised and recognised you as "Booth-Level Volunteers" to enroll voters for all types of elections. Accordingly, we urge you to include the above matters (i.e. voter enrollment and casting vote for Mumbai Graduates’ Constituency MLC in July 2018) in the agenda of your general body meetings. We also appeal to you to send circulars to inform members and their family members & friends to enroll as voters.

[email protected]

Member / Represented before Govt. Committees For: 1. Housing Chapter in MCS ACT,1960 2. RERA / MOFA RULES 3. Deemed Conveyance Rules 4. New Model Bye-Laws 5. Co-op. Audit Manual 6. G.D.C. & A Course 7. Stamp Duty / Registration 8. DC Rules 9. Faculty : CA Institute & Others 10.Authored : 40 Books V. Viswanathan, Secretary Mob.: 98901 87344 Tel : 0250 - 6457 585 / 86 Email:[email protected]

Naresh Pai, Treasurer. Mob.: 98508 22472 Tel : 022 - 4255 1414 / 40 Email: [email protected]

WHAT IS NEEDED FOR VOTER ENROLLMENT: (1) Completed voter enrollment form No. 18 (2) Photograph (3) True copy of Marksheet OR Graduation Certi icate / Degree (4) True copy of residence proof e.g. voter-card, Adhar Card, passport... We also urge you and your members to vote in order to elect the most deserving candidate as MLC. You may download the Voters Enrolment Form from the below links on MahaSeWA Website : www.mswa.co.in / www.mswahousing.org English : https://goo.gl/Ss0Sdb Hindi : https://goo.gl/zJMYvx For more details and also assistance in getting mark sheets etc. duly stamped by Gazetted Of icer, you may contact MahaSeWA volunteers on 022-42551414,or WhatsApp on 70455 99702, or email on [email protected] Together, let us strengthen our democracy at the grassroots level. Jai Maharashtra!

Website : www.rameshprabhu.in www.mswa.co.in www.mswahousing.org

MSWA NEWS CHANNEL on YouTube

Yours sincerely, Sd/Ramesh Prabhu, Chairman


FORM 18 (See rule 31) Claim for inclusion of name in the electoral roll for a Graduates' Constituency

To The Electoral Registration Of icer, ……………………………… (Graduate) Constituency.

PHOTO of the Applicant

Sir, I request that my name be registered in the electoral roll for the ……… (graduates') Constituency. The particulars are:Name (in full) …………….........………………………...……………………………………….…………….. Sex …………….............. Father's/Mother's/Husband's name (in full) ……………........………………………………………………………………….... Quali ication ………………………………………………………………………………………………………………................................ Occupation ………………………………………………………………………………………………………………………………………. House Address (Place of ordinary residence)…………...………………………………………………………………………….. House No.………………………………………………………………………………………………………………….…………………….... Street/Mohalla ……..………………………………………………………………………………………………………………………....... Town/Village …….………………………………………………………………………………………………………………………........... Post Of ice ……………………………………………………………………………………………………………………………………....... Police Station/Tehsil/Taluka/Mouza …..…………………………………………………...………………………………………… District ……………………………………………………………………………………………………………………..………………………. Age …………………………………………………………………………………………………………………………………………….......... Whether registered as elector for any assembly constituency …………………………………………………….............… If yes, then mention the following –(a) Number and Name of the assembly constituency …………………………………………………................. (b) Part/Polling station No. (if known)………………………………………………………………………………..... (c) Date of Birth ………………………………………………………………………………………………………………..... (d) EPIC number (if any) ……………………………………………………………………………………………...……… Contact No – (i) Mobile ……………………………………………… (ii) Landline ……………………………………........... Email Id (if any) …………………………………………………………….........………………… 2. *I am a graduate of the ………………………………………………………………….. University having passed the degree/diploma examination in the year …………………………………………………… OR * I am in possession of a diploma/certi icate in…………………………………………………... which is a quali ication equivalent to that of a graduate of a University in India having passed the examination for the diploma/ certi icate in the year………………………………………………………………… 3. In support of my claim as being a graduate/in possession of the above diploma/certi icate, I submit herewith ………………………………………………………………………… 23

4. **

My name has not been included in the electoral roll for this or any other graduates' constituency. OR ** My name has been included in the electoral roll for the graduates' constituency under the address given below and I request that it be deleted from that roll:— …………………………………………………………........…………….. 5. I declare that I am a citizen of India and that all the particulars given above are true to the best of my knowledge. Place …………………………. Date …………………………... Signature of Claimant. Note: — Any person who makes a statement or declaration which is false and which he either knows or believes to be false or does not believe to be true is punishable under section 31 of the Representation of the People Act, 1950. * Strike out the paragraph not applicable. **Strike off the inappropriate alternative. ……………………………………………………………………………………………………………………………………………………

INTIMATION OF ACTION TAKEN The application in Form 18 of Shri/Shrimati/Kumari …………………………………………………………………………... ………………………………. Address…………………………………………………………………...…………………………. has been (a) accepted and the name of Shri/Shrimati/Kumari ……………………………………………………………………… ……………………………… has been registered at Serial No………………………………………………………….. in Part No. (b) rejected for the reason……………………………………………………………………………………………………………..... Date : ………………………………………….. Electoral Registration Of icer (Address) …………………………………………….. ………………………………………………………….. ………………………………………………………….. ……………………………………………………………………………………………………………………………………………………

Receipt for application Received the application in Form 18 Shri/Shrimati/Kumari* …………………………………………………………….. ………………………………………………………………………………………………………………………………………………………… Address* …………………………………………………………………………………………………………………………………………... Date …………………………………………… Electoral Registration Of icer (Address) …………………………………………….. …………………………………………………………..... …………………………………………………………..... *To be illed in by the applicant. ------------------------------------------------------------24

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5 NATIONAL CONFERENCE OF RESIDENT WELFARE ASSOCIATIONS, MUMBAI Organizing Committee : Hon. President, Shri D. M. Sukthankar, Former Chief Secretary, Govt. of Maharashtra (AGNI, Mumbai ) 98217 03117

Convener, Col Tejandra Pal Tyagi (CoRWA, New Delhi) 93139 22889

President, Shri Sharad Kumar

INVITATION FOR THE 5th NCRWA,MUMBAI ( 18th & 19th NOV, 2017) MahaSeWA is pleased to invite you to attend the 5 t h National Confederation of Resident Welfare Associations (NCRWA) scheduled in Mumbai, proposed to be held at Shree Bhatia Wadi hall, Vithal Baug, Tilak Road, Ghatkopar (E), Mumbai-400 077.

(AGNI, Mumbai) 98694 03721

Vice Presidents, Shri Nitesh Jadhav (Sanjeevan, Mumbai) 90040 77151

CA. Shailesh Ghedia (Mumbai) 98694 37888

Adv. Vinod Sampat (Mumbai) 93240 38095

CA. Viren Merchant (Mumbai) 98200 51312

CA. C. R. Dhavalagi

(President, UWFCA) 94481 11377

Smt. Sunita Godbole

(President, WLFH) 95941 50430

Co-Conveners, Dr. KSR Murthy (CoRWA, Vizag) 98481 90440

Shri B. T. Srinivasan, (CoRWA, Hyd) 93473 78072

CA. Ramesh Kurup (Rotary, Mumbai) 98673 00084

Shri Uday Prabhu (Lions, Mumbai) 93222 66617

Smt. Rajani Bage, (Giants, Mumbai) 87796 42310

General Secretary, Shri Ramesh Prabhu (MahaSeWA, Mumbai) 98201 06766

Executive Secretary, Shri S. Parthasarathy (MahaSeWA, Mumbai) 98676 90040

Executive Members, Major Shiva Kiran (CoRWA, Telangana) 98490 47827

Shri JMS Nagarjunan (FOCUSS, Chennai) 98410 45145

Shri Sridhar Pabbisetty (Namma Bengaluru) 99162 98421

Shri M.S.Venugopal (CoRWA, Trivandrum) 93494 94933

Shri Rajkumar Sharma

(AGNI, Mumbai) 98209 89310

Shri. Willie Shirsat

(AGNI, Mumbai) 98202 13392

Advisor-in-Chief, Dr. Rao VBJ Chelikani (CoRWA, Hyd) 98490 67498

This national level conference is jointly organized by Maharashtra Societies Welfare Association (MahaSeWA) with Action for Good Governance and Networking in India (AGNI). This national event is wholly supported by the Ministry of Urban Development, Government of India. The main focal theme for this year's conference is “Swatchh Bharat Mission”. This being an annual event and so far been held four times across India, is being scheduled for the irst time in Mumbai, the country's inancial capital. Central and state level ministers, Governors and other government dignitaries have been invited to the conference and shall grace the occasion. The vision of the Confederation holding this annual event is to mainly focus on bringing together all the stakeholders of the Residents' Welfare Associations Pan India, so as to put forth various activities undertaken by different Residents' Welfare Associations and to address various issues deterring the progress of our society at the micro-level. This conclave enables a common platform for all the RWAs to arrive at a consensus and to replicate the achievements of the various urban civil societies. An exhibition relating to the housing sector and to resident welfare associations shall also be held alongside the conference where exhibitors from the industry would present their products and services. This exhibition will be a one stop solution to the citizens and cooperative societies and it's members for ful illing all their requirements concerning to Building material supplies, Society managers and accountants, Security systems and personnel, Waste management, Water conservation and Rain water harvesting, Solar Energy, Redevelopment, Developers and Architects, Project management consultants to name a few. Visitors to the exhibition can interact directly with the principles and get irst hand information about their requirements. In Mumbai there are various Residents Welfare Associations, who are doing a commendable job and contributing to their locality in general and to the City as a whole. These activities are carried out mostly by ALMs (Advance Locality Management) in their respective areas

A-2/302, Laram Centre, Opp. Andheri Rly. Stn., Andheri (W), Mumbai - 400 058. | 022 - 4255 1414 | 98676 90040 E-mail : [email protected]


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ARCHITECTS ,ENGINEERS & PROJECT CONSULTANTS  Project management consultancy for redevelopment projects as per compliance of 79A such as feasibility report, preparation of tender, plot survey, planning & designing, BMC Liasoning & work supervision.  Structural audit & detailed survey with nondestructive test. (as per bye law no 77 & BMC norms)  Quality audit & quantity estimation.  Architectural & interior services.  BMC Liasoning.  3rd party audit of contractors bill.  Solar power generation & green energy advisors. 204/F, Sumit Samarth Arcade, Aarey Road, Near Registration office, Goregaon (West), Mumbai - 400 104. Tel:-022-28720701/ Mob-7506938301/9322270701 E-Mail:[email protected]

TUSHAAR DAWDA & ASSOICIATES STRUCTURAL AUDITORS CONSULTING CIVIL ENGINEERS REPAIRS & REHABILITATION CONSULTANTS TUSHAARY. DAWDA, CIVIL ENGINEER (B. TECH). I.I.T. BOMBAY Registration & Membership Licensed Structural Engineer Chartered Civil Engineer – M.I.E. International Concrete Repair Institute – USA  PEATA American Concrete Institute (India Chapter) Indian Society of Structural Engineers Services  Structural Auditing (Inspection above False ceiling WITHOUT BREAKING and External Areas of High Rise Building with SPECIAL EQUIPMENTS) Consultation for Repairs Works N.D.T.  Waterproofing Tendering Estimate (Summarized and Detailed) Monitoring SLAB DENSIFICATION Clientele Ambuja Cement Royal Bombay Yacht Club Automotive Manufacturers (Maruti & Ashok Leyland Showrooms) Bombay Gymkhana etc. Of ice : 102, Giridwar Apartment, Near P.N.B. A.T.M., Mathuradas Road, Kandivali (W), Mumbai 400067. Tel.: 98672 52867/22286 38906 E-mail.: [email protected] Web.: www.tushaardawda.com


and include activities like waste segregation, Solid waste management, Rain water harvesting, Energy conservation etc to name a few. They also help in addressing civic and local issues by approaching the caretakers of their respective wards/ areas. The Mumbai conference will facilitate various welfare Associations, NGOs and ALMs to showcase their achievements and to set an example for others to follow suite at their respective localities. There will be a session during the conference where the best RWAs would be awarded and conferred with mementos in recognition of their contributions. A Souvenir would be released by the Chief Guest of the Conference to mark this national event which shall publish various achievements, lectures and articles pertaining to Residents' Welfare Associations. We welcome articles from Residents Welfare Associations and other local entities so as to pick those for showcasing in the said Souvenir Needless to add, the best ones will be published and suitably awarded. Please email your articles to [email protected], well before 30th September, 2017 in the form of PDF ile with all your details like name, contact number, address etc.

FREE PUBLIC LECTURE ON

The souvenir would also have provisions for placing advertisements and companies interested in doing so can contact MahaSeWA for assistance. Sponsorship to any of the conference activity is solicited and would be highly appreciated. We invite all the of ice bearers of Co-op Hsg societies/ stakeholders/ individuals, who are interested to make it to the event are cordially welcome by registering their names, contact numbers, email id, full address / locations etc by reaching ever-ready Help Desk at MahaSeWA on mobile 98676 90040 on phones 4255 1414 or 4255 1424 E–mail [email protected]. The Registration charges include entry to the main conference along with Lunch, Tea and a copy of the Souvenir. We will be delighted to have your esteemed presence at the conference and earnestly solicit your registration and participation to make this National Event a grand success. Registered Address: 5th NCRWA, C/o Maharashtra Societies Welfare Association A-2/302, Laram Centre, Opp: Railway Station, Andheri (West), Mumbai-400 058

RIGHT TO INFORMATION ACT

“GIANTS INTERNATIONAL JOINTLY WITH MAHARASHTRA SOCIETIES WELFARE ASSOCIATION HAS ARRANGED PUBLIC LECTURE ON “ RIGHT TO INFORMATION ACT” BY Mr. HARIRAM CHAUDHARY, ON EVERY FOURTH SATURDAY, Next Date for Seminar26th August, 2017 At 5.00 PM Key Speaker : Mr. Hariram Chaudhary, S.E.O. Ex. Special Executive Magistrate, Panelist and Moderator - TELEVISION & RADIO, Chairman - Publicity GIANTS INTERNATIONAL, Past National Director - HG. FELLOWSHIP, INDIAN JUNIOR CHAMBER Topic : 1. PREVENTION OF DELAY IN DISCHARGE OF OFFICIAL DUTIES ACT. HE WILL ALSO GUIDE ABOUT EFFECTIVE USE OF LOKSHAHI DIN . 2. INFORMATION ABOUT RIGHT TO SERVICES ACT, WHICH HAS BEEN RECENTLY PASSED BY THE MAHARASHTRA ASSEMBLY. THE LECTURE & INTERACTIVE SESSIONS WILL BE HELD AT CONFERENCE ROOM OF

MAHARASHTRA SOCIETIES WELFARE ASSOCIATION AT A-2/302, LARAM CENTRE, OPP ANDHERI RAILWAY STATION (WEST), MUMBAI 400 058 FOR FREE REGISTRATIONS CONTACT : Mob. 9322090137 OR TEL 42551414 OR Tel. 2367 9698 You are Welcome to post your questions / queries, by Email in advance, to [email protected] / [email protected] MSWA’s Housing Societies Review 28 August 2017

ARVIND SINGH CONSULTANTS PVT. LTD. CONSULTING STRUCTURAL ENGINEER,ARCHITECT & PROJECT MANAGEMENT CONSULTANT SPECIALIST IN AS FOLLOWS WITH MORE THAN 15 YRS EXPERIENCE ,DONE MORE THAN 350 BLDGS

STRUCTURAL AUDIT , DOING 50 BLDGS REDEVELOPMENT PMC & 10 BLDGS DEEMED CONVEYANCE 1)

PROJECT MANAGEMENT CONSULTANTS for redevelopment of existing society buildings i.e feasibility report ,tender making ,following 79 (A) clause for selection of developer/builder , quality control of site with ndt instruments /material testing etc & supervision from start to possession in new flats. 2) STRUCTURAL AUDIT by NDT & detail survey with repair BOQ /remedies /conclusion /stability cft NDT INSTRUMENTS A) REBOUND HAMMER TEST FOR SURFACE HARDNESS B) ULTRASONIC PULSE VELOCITY TEST FOR UNIFORMITY IN CONCRETE ,CRACK DEPTH etc C) MOISTURE METER FOR DETECTION OF SEEPAGES /LEEKAGES D) HALF CELL POTENTIAL METER FOR STEEL CORROSION SURVEY 3) REPAIRS & RESTORATION WITH ADVANCE TECHNOLOGY OF POLYMER TREATMENT , 5 TO 10 YRS WARRANTY FOR WATERPROOFING & STRUCTURAL REPAIRS 4) DEEMED CONVEYANCE OF SOCIETY AS PER MOFA ACT 1963 FROM DIST. DY. REGISTRAT OFFICE 5) LIASONING WITH BMC & OTHER GOVT DEPARTMENT 6) HAVING STRUCTURAL LICENSE OF MUMBAI / THANE/ KALYAN & NAVI MUMBAI

Contact : Office

:

ARVIND U. SINGH, B.E (CIVIL) (Registered structural Engg with BMC ,licence no :STR/229/S) Shri Krupa CHSL, bldg no 49, Room no 2341,Opp. MIG Club, off MHADA office, 2nd Floor, Bandra (E), Mum- 51. Tel :022-65210232,65345001,Mob:9820993481, Email:[email protected] / [email protected]

For more details :www.arvindsinghconsultants.com


NOW DEEMED CONVEYANCE ON FAST TRACK

T

he question of the dilapidated buildings came once again on anvil. All of you are aware that last week Sai Darshan Building at Ghatkopar came down as a bungalow of a pack of cards and took life of 17 residents in the building and ruin the life of the residents in the building within a minute. Fortunately the Maharashtra Assembly was in session and therefore this issue came on priority in the House. Members of the assembly raised the question of the dilapidated buildings in the Assembly. Chief Minister Shri Devendra Fadnvis assured the house that no culprit will be spare and if found guilty culpable homicide crime would be registered against those whoever is guilty. In this case it is found that money and muscle power and a chain of corrupt authority took the life of innocents. On the other hand while taking into consideration the dilapidated condition of near about 19000 buildings in Mumbai and Mumbai Suburban, the Government of Maharashtra took initiative of the maintenance of these buildings and formed Mumbai Building Repair Board under MHADA. Government has took this imitative because the owner of the buildings gets very meager monthly rent in which the owner could not make maintenance of the buildings. Resultantly buildings came down due to lack of maintenance and in above case we saw because of human error. It seems that Mumbai Building Repair Board could not cope with such a large number of dilapidated buildings. Municipal Corporation is also neglecting the issue of old buildings.

Now the Chief Minister has announced in the assembly that structural audit of 30 years old building is compulsory. Some buildings do not go for redevelopment or undertake repairing Adv. Anisha Shastri works as they have not 022 - 4255 1414 conveyance. They did not get conveyance because they have n o t O cc u p a n c y Ce r t i i c a te o r B u i l d i n g Completion Certi icate. Now the Chief Minister have given solace to all such buildings. He has announced that Deemed Conveyance will be issued on fast track to all such buildings and after issuing the Deemed Conveyance the society has to seek the Occupancy Certi icate from the concerned authority by ful illing all legal formalities. He also further stated that the noti ication in this regard will be issued by Cooperative Minister at an earliest. MSWA welcomes this decision of the Hon'ble CM for which we are ighting from last so many years. The government is doing their best but it is also our responsibility to take care of our building, our lat. While making renovation of the lat we should have to take architect certi icate and should have to take necessary permission from local authority. We have to conduct structural audit of our building periodically and timely repairing works. Precaution is better than cure.

We are pleased to announce to conduct free Seminar in your Society Premises on the Occasion of 95th INTERNATIONAL CO-OPERATIVE DAY Form 1st July 2017 Onwards Call : 022 0455 1414 / 32


RCC ENGINEERS & CONTRACTORS

ORGANIC WASTE

MANAGEMENT

OFF: 'J' Building, Shop No 3, Sunder Nagar, S. V. Road, Malad (W). Mumbai – 400064

Tel: 9820665243/28712497/9833274197

Convert all your ORGANIC

Email: [email protected] / www. Facebook/rcc

waste i.e. Garden /

We Undertake Following Waterproofing Works

Kitchen Waste, Leftover into high quality COMPOST i.e. manure.

Terrace Waterproofing System      

For more information : The Experts

7738325556 | 9223400132 E-mail: [email protected]

Injection Grouting/Crack Filling in hollow areas Four coat Fibremat Reinforced Membrane Waterproofing 225 GSM Fibre Matting Intermediate Layer Two coats of Cementitious Polymer Waterproofing Two Top Coats of Elastomeric Waterproof White Paint APP Membrane Waterproofing System by Torching

Full Building, Parapet & External Walls Waterproofing Crack Filling/Patch Plaster/RCC Repairs  Applying one coat of primer and two coats of  Thick White Elastomeric Waterproof Coating  In Desired Shade 

PRABHU REDKAR

PROJECT MANAGEMENT CONSULTANTS 

Deemed Conveyance

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Verifying property document.

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Feasibility report.

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Preparing and floating tender.

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Guiding society's solicitor in preparing legal documents.

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Guiding society in selecting good builder.

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Guiding society for amenities, add area, corpous fund etc.

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Verifying various permission like IOD, CC etc. before vacating the plot.

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Strict supervision to monitor quality of construction.

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Scrutinsing all proper ty paper before handover to society.

A/2, 302, Laram Center, Opp. Railway Station, Andheri (w), Mumbai - 400058.

Tel. No- 022 - 4255 1414/2624 8589/2624 8565 11/12 Balgovind Estate, New Prabhadevi Road, Prabhadevi, Mumbai 400025.

Tel. No.- 022 - 2431 4404 MSWA’s Housing Societies Review 31 August 2017

GST for Housing Societies – Issues & Challenges - By Mohanraj Y overnment of India is pushing for Implementation of GST on the 1st of July 2017. In the latest GST Council meeting held on the 3rd of June 2017, all the States have also agreed to the implementation date as 1st of July 2017. Since GST deals with all sorts of goods and services, manufacture, import, export, trade, etc. while addressing the requirements of the speci ic sector of Housing Societies , many practical issues arise and are not addressed properly.

G

This article is an attempt to understand these constraints. 1. Registration : Every Society with an aggregate turnover of over Rs 20 lakhs is required to registered under GST. The aggregate turnover includes all maintenance charges (Other than Municipal Tax), any miscellaneous income, and includes Bank interests. Further, every society engaging an advocate or an advocate irm, needs to register under GST , even if the aggregate turnover is less than Rs 20 lakhs, since Advocate Services is categorized under Reverse Charge. While a simple window of “Composite Levy” is available for Manufacturing/ Trading Sectors, the same is not available to Housing Society Sector. 2. Exemption: Payment of Municipal Tax may be considered as Payment on behalf of Member as an Agent, and may be treated as outside the purview of GST and hence not taxable. Water charges, may be treated as Supply of Goods, and hence attracts GST at “zero % ” as per the GST Rate table. Members in a GST Registered Society are exempted and will not be charged GST, if the maintenance charges on “Charges / Contributions” are less than Rs 5000 per month, Here, only Charges for ”Sourcing of goods or services from third party, for the common use” are to be considered. Thus, while water charges, electricity charges, service charges, repair fund /

maintenance charges, insurance premium, etc, are included while calculating the amount of Rs 5000/-, vehicle parking charges, non _occupancy charges, share transfer premium, hall booking charges and similar other charges are not included. The challenge for a housing society is to identify the members for application of GST and also identi ication of billing heads for considering the limit of Rs 5000/-. Also it is not clear whether for a member who is not in the exemption category, GST is to be charged on the amount exceeding this limit or for the entire amount. Going by Service Tax provisions, from which the exemption criteria is picked, GST is to be applied on the entire amount and not on the amount exceeding Rs 5000/-. 3. Invoicing : GST provisions require that Taxable and Exempt amounts must not be included in the same invoice. For Taxable amounts, tax invoice has to be issued, and for exempt amounts, bill of supply has to be issued. 4. Arrears : Even if a member has not made the payment, the GST charged to the member must be paid. Interest on arrears also attracts GST. Even this has to be paid once interest bill is raised on the member. Arrears problem itself is a challenge to Housing Societies. 5. Advances : GST has to be paid on the Advance Maintenance Charges Received, and adjusted against the invoice when raised later. To distinguish the Advance against Taxable and Non taxable amount, and to calculate the GST on the same, keep a track of the same month after month is again a challenge. 6. Reverse Charge: On certain services, in particular for Services by an Advocate, GST will not be charged by the Supplier, But the GST has to be calculated and paid to the Govt. by the Society. Similarly, if the Society is procuring Services from any Unregistered Vendor, [ which is very common for Housing Societies ], GST has to be calculated and paid by the Society. The GST rate may change from


NEO-TECH CONSULTANTS SINCE 1990 PRESENTLY WORKING WITH BMC/ MCGM , MHADA, ICICI  Structural audit as per BMC norms.  Building Repairing  Redevelopment (79 A)  Self Development (loan facility available)  Other services like providing Lift , Stack parking, Deemed Conveyance H.O.:- 4, 1st floor, Chandrakant Apt., Opp. Hanuman Mandir, Shreyas Colony, Goregaon (E), Mumbai - 63.,

Tel Nos.:- 9930344006, 99304 40047 / 9930999312, 29272735 / 29272382, E-mail :- [email protected]

BUILDING REPAIR & REDEVELOPMENT WITH SKILL & CARE YOUR ONE “WRONG DECISION IN SELECTING A WRONG CONSULTANT / CONTRACTOR / BUILDER MAY RESULT IN Multiple recurring problems and that too after loosing your hard earned capital THAT'S WHY: Trust us for sound technical advice /guidance and successful completion of your project. AND THEN:

Held us responsible for 5-10 years, both Technically and Financially for any defects arising in Structural Repair & Water Proofing work done by us. OUR SERVICES INCLUDE: Inspection: By using N.D.T. instruments, detailed report with technical advice & Phase wise Estimate. Structural Audit: As required under new byelaws with lling of PROFORMA “B” Tender Document: With detail Tech. specications, Bill of Quantities, Work Order with Contract & Service Guarantee Agreement, Day to Day basis Quality checks & checks on material consumption. REDEVELOPMENT: FROM FEASIBILTY REPORT TO OCCUPATION CERTIFICATE WE ARE Govt.registered valuers, architectural & TDR Service provider, Member of American Concrete Institute & Indian Society of Structural Engineers. Court commissioner to assist the Court in resolving the disputes among the society members. Consultant for more than 10,000 housing / Ind. Units.

TECH-n- ECO PMC PVT LTD. 417, Palm Spring Centre, Link Road, Malad (W), Mumbai: 4000064. Ph : 40039355 (6 lines),28888702 Mobiles: Mithilesh Dalvi -9833312519, 9819624785


Vendor to Vendor depending on the kind of Supply [ service or Goods ] , and its category . Again , since the invoice does not reveal the GST rate, it is again a challenge to know the GST rate for each category and pay. 7. Input Tax Credit : The Societies are allowed to avail Input Credits on GST paid by them to the various Vendors or through Reverse Charge. [ In case of Reverse Charge, the credit is available only in the month next in which GST is paid. ] . Again, if the Vendor has not made the payment of the GST before the due date, the ITC availed by the Society will be reversed by the GSTN . Input Tax on Capital Goods [ Fixed Assets ] is adjustable over a period of ive years. To keep a track of this is a challenge. If the Society has all its members under the exempt category, then the entire ITC, that are attributable to exempt services will not be available. If the Society does not have any member under the exempt category, all the input Tax is available as ITC. However, where there is a mix of these two kinds, the situation becomes challenging. Only proportionate Input Tax is available for ITC. This proportion is required to be calculated every month and applied accordingly. 8. Accounting : Most of the Accountants book expenditure directly without creating any vendor. Under GST, every Invoice has to be booked irst, and then payment made against this invoice is required to be accounted. The voucher posting work of the Accountant increases almost three fold. 9 Recti ication of the Accounting Entries: Since all the recti ications in accounting entries made are required to be reported in subsequent Reports of GST, one has to keep a track of the recti ications done. 10. GSTN : All GST related issues [Reports and Payments] are handled through an online application GSTN. For making payments, one has to download a challan and make the payment online or through any authroised Bank. Many Societies do not even have Computers and transactions online itself becomes a Challenge.

11 Reports : This becomes the most challenging part. Most of the Societies do not have any full time Accountant. But the requirement of Reports is very much time bound. GSTR -1 is required to be iled on or before 10th of Each month. GSTR-2 is required to be iled on or before 15th of each month. Between 15th and 17th of each month, one has to tally the GSTR- 1 of the input Supplier with our GSTR-2 , and ensure that the two match each other. By 20th one has to pay the Tax , and Submit the Tax return in GSTR – 3. In addition, there will be GSTR- 9 , an Annual Return and GSTR – 9B [ GSTR Audit Report, if the aggregate turnover exceeds Rs 1 Cr ] to be iled on or before 31st of December . This will reconcile the GST payments vis-à-vis the audited statement of accounts of the Society. The compliance requirement of GST is very high. For Very big societies, the cost increase is shared by a larger number of members. But for smaller societies, the cost increase becomes a very high burden on the members. But this should not be a r e a s o n f o r n o t c o m p ly i n g w i t h t h e G S T requirements. Since the invoices raised by Registered Suppliers on Unregistered persons are all uploaded in the GSTN, the chances of getting detected, if not Registered, is very high. While interest and penalty will be charged on the detected evaded tax, input Tax credit, including the one on Reverse Tax basis, which may be a very huge, will not be available. ABOUT THE AUTHOR Mohanraj Yenagudde is a the Director of a Leading C o m p a ny p rov i d i n g B i l l i n g / Ac c o u n t s / Management / Consultancy and Compliance Services under the name Society123 Support Services Pvt Ltd (Formerly Pangal Computer Services Pvt Ltd) to Housing Societies for the last thirty years. Ph:- 9820090808 email : [email protected]


CONSULTANTS FOR REPAIR AND REDEVELOPMENT PROJECTS

DON’T GET YOUR BUILDING REPAIR TILL YOU CALL US SERVICES OFFERED IN MOST REASONABLE TERMS REPAIRS Details Structural Survey / Audit of the building Suggesting cost estimation preferring economical & Effective remedial ways Conducting Advance Technologies of NON - DESTRUCTIVE TESTS (Ultra Pulse & Rebound Hammer Test) Tender Document formulation, selecting best & competitive bidder on behalf of society. Day to day site supervision, guidance to contractor while execution on repair work. Stability certificate on completion

REDEVELOPMENT Feasibility survey of the society building. Preparation of Tender document for Developer/ Builder Supervision / quality control during execution work. Legal consultancy towards Redevelopment work Redevelopment Panel consists of Structural Engineer, Architects, Legal Consultants.

(AN ISO 9001 - 2008 CERTIFIED COMPANY) Office: 201-A, Sunteck Grandeur, Opp Andheri Subway, S. V. road, Andheri (W) Mumbai 400058. Mob.: 9820146623, Tel: 26774100, 26774200, E mail: [email protected] / Web Site: www.supremeengicons.com


Letter from Hon’ble Municipal Commissioner Shri Ajoy Mehta to Govt. for Introduction an Amnesty Scheme for Grant of Occupation

AJOY MEHTA

No. / 8348 Date : 20.05.2017

I.A.S. Municipal Commissioner

c`gUeqacbZ egkuxjikfydk Subject:- Provision of the amnesty scheme for grant of Occupation to the Building which have been occupied without obtaining the required Occupation Certi icate. Ref:Letter from Under Secretary, UDD under number CMS/TPB4304/274/UD11 dated 23.08.2004 Dear Dr. Kareer, Vide above reference while processing the proposals for grant of occupation certi icate to b u i l d i n g s c o n s t r u c te d / o c c u p i e d p r i o r to 25.03.1991 under amnesty scheme Urban Development Department had given following directives; 1. In cases where P.R. Card in words is not submitted, occupation be granted without insisting area in words. 2. As regards removal of encroachment on R.G., the same shall not be insisted and occupation certi icate shall be granted with a condition that loading of T.D.R. on such building will be allowed only after encroachment on R.G. is removed and R.G. is developed. 3. In case of building where occupation certi icate is not granted for non-handing over of land under setback / D.P. Road and transfer of ownership in favour of M.C.G.M., occupation certi icate should be granted by taking over setback / D.P. Road along with encumbrances from the society of the occupants. Setback can be cleared of the encumbrances by rehabilitating the occupants of the encumbered structures elsewhere by implementing suitable scheme by S.R.A. 4. In cases of building where lats to be handed over to Govt. nominee as per U.L.C. condition,

occupation should be granted to the such buildings and MCGM shall compile list of such proposals for sending the same to State Govt. for taking up the matter with U.L.C. department for taking action against the concerned Developer. 5. In cases where occupation is held up for non demolition of existing structures proposed to b e d e m o l i s h e d a s p e r a p p rove d p l a n , occupation certi icate shall be granted without insisting for demolition of existing structures subject to condition that whenever such building comes forward for utilization of T.D.R., the same shall be considered only after demolition of such structure/s. 6. In cases where occupation is being not granted because the N.O.C. issued by Civil Aviation authority for required height of building is not being revalidated up to date, the occupation to such buildings shall be granted without insisting up to date revalidation of N.O.C. In cases where in N.O.C. from Civil Aviation authority is not obtained for required height / additional height, MCGM to prepare list of such p ro p o s a l s a n d fo r wa rd t h e s a m e U. D. Department , Govt . of Maharashtra for necessary decision to be taken at joint meeting between Civil Aviation Authority, State Govt. and M.C.G.M. The Detailed letter available our website : www.mswa.co.in



Govt Draft Noti ication for Regularizing Unauthorised developments Carried out on or Before 31/12/2015 Government of Maharashtra Urban Development Department Mantralaya, Mumbai - 400 032., Dated 21st July, 2017. NOTIFICATION No.TPS-1814/CR-82/14/Rules/UD-13.- The draft of rules may be called as Maharashtra Town Planning (Compounded Structures) Rules, 2017 which the Government of Maharashtra proposes to make in exercise of powers conferred by sub section (1) of Section 52A and clause (xxxviii) of sub section (2) of Section 158 of the Maharashtra Regional and Town Planning Act, 1966 (Mah.XXXVII of 1966), and of all other powers enabling it in this behalf is hereby published as required by sub section (1) of Section 158 for the information of all persons likely to be affected thereby; and notice is hereby given that the said draft rules will be taken into consideration by the Government of Maharashtra on or after expiry of one month period from the date of publication of these rules. 2. Any objections or suggestions which may be received by the Principal Secretary, Urban Development Department, Mantralaya, Mumbai - 400 032, from any person with respect to the said draft rules before the said date as mentioned in clause (1), will be considered by the Government. By order and in the name of Governor of Maharashtra, [ The Detailed Notification & Draft Rules Available in our Website : www.mswa.co.in ]

(Sanjay Saoji) Deputy Secretary to Government

SAHAKAR BHARATI SAHAKAR PRASHIKSHAN SAHAKARI SANSTHA MARYADIT, KARAD (Government of Maharashtra Noti ed vide Gr. Dt. 2nd March 2015)

COMPULSORY EDUCATION & TRAINING CLASSES Under Section 24 A of MCS Act 1960 FOR

CO-OPERATIVE HOUSING SOCITIES

th

(1) 97 Constitutional amendments, MCS (Amendment ) Act, 2013, MCS( Amendment ) Rules, 2014 and changes in the Model Byelaws. (2) Redressal of complaints of the members of CHS and the Society. (3) Management of Cooperative Housing Societies, Election, Accounts & Audit. (4) Title Transfer of Flat, Conveyance, Stamp duty, Registration, Nomination etc. (5) Leakage, levy of charges, Structural audit, Repairs, Redevelopment.

Fees Rs.5750/= for one session for all members of society * Certi cate is given to the paid participants

(The Cheque should be drawn in the name of the Maharashtra Socialites Welfare Association ) For Registration & More Details Contact :

MAHARASHTRA SOCIETIES WELFARE ASSOCIATION

A/2-302, Laram Center, Opp. Rly Station, Near Bus Depot, Andheri (W), Mum – 58 Tel.: 022 - 4255 1414 / 32 Email : [email protected] Website : www.cooperativetraining.org / www.mswa.co.in MSWA’s Housing Societies Review 38 August 2017

WHATSAPP QUESTION AND ANSWERS

On MahaRERA MahaSeWA/RERA/12/29.05.2017 Q. RERA applies for plotted development scheme without any construction of building MahaSeWA/RERA/10/27.05.2017 but only sale of NA plots. What will be the "Occupation/ Q. W h a t i u n d e r s t a n d t h a t i t i s a b o u t completion certi icate" provision in such registration of project by 31st July. ..when the plotted schemes? No such occupation or project is to be registered? completion certi icate is issued for plotted Immediately on getting the development rights developments. or when the builder wants to market ir? ================== So can he postpone registration beyond 31st Ans. Housing Guru Ramesh Prabhu. July as IOD cc is pending? =========== The plotting is approved by the town Ans: By Housing Guru Ramesh Prabhu planning or the collector of the district as per the delegation of power given under Maharashtra So long as the developer does not want to advertise Regional Town Planning Act, 1966. or market or sell the Apartments, he may post pone When a plotting is approved, certain the registration. In other words, the project is common amenities are shown or agreed to be required to be registered with MahaRERA, before provided by the developer in the agreement for the Apartments are offered for sale or advertised in sale such as common road, garden , swimming pool, the market. water connection, electric connection for common area and individual plot, gym, club faculties, MahaSeWA/RERA/11/28.05.2017 compound etc. As I understand when you do any such area built, you do get a completion certi icate from local authority. For e.g. Gym or Club house OC. Q. Many thanks for today Lecture in RERA If that is not provided, internal road completion 1. One point Emerge that RERA apply to sale portion, 2. Further RERA Registration if builder certi icate or electric supply connection, water want to advertise and sale lat. So builder view connection provided... Also as I understand , town in case of redevelopment project is that he does planning authority gives initial approval with few not want to advertise and sale any project till conditions and then inal approval of layout after OC. He will sale saleable lat after OC. So the facilities are constructed and inform to the town planning authority. At least, the developer should registration does not require at present? complete the common faculties and individual In such case how interest of old member in redevelopment project is protested? Request faculties as per agreement for sale and as per the details prividrd at the time of registration of real to enlighten estate project and submit the Architect certi icate ========= as per form 4 given in Maharashtra Real Estate Ans by Housing Guru Ramesh Prabhu. Regulatory Authority (General) Regulations 2017. In this certi icate of architect, the completion of RERA provides that before sale a single lat, facilities provided by respective authorities to be developer has to register the project. On your case, incorporated and issue certi icate... Then submit to if no lats are sold or offered for sale, the developer town planning authority and then upload that to may post pone the registration. Regarding existing RERA website as project completion.. lat owners will be considered as allottees and all The architects in this group or town the bene its available to other lat owners are planners may give their input and I may be available except the RERA registration. corrected.... MSWA’s Housing Societies Review 39 August 2017

CO-OPERATIVE HOUSING SOCIETIES (CHS) AND THEIR CULTURAL CONTEXTS *Nilkanth L. Bhatt, Retired Corporate Executive | Email: [email protected] MB: 09221272064

I

t is rather unfortunate that the original Indian Idea of "co-operative movement" should get abused and misused. In urban India, this abuse of the co-operative idea has come into disrepute mainly in the housing sector. It is indeed a sorry spectacle that over six million people in Mumbai live in slums and nearly half a million lats in the city remain unoccupied and even unsold. In a way it is a re lection of the defeat of the idea of co-operative housing societies. It is time now to pay attention to this issue, particularly when the union government has announced housing for all and building 100 smart cities. A ready lat, in a building, with an “Occupancy Certi icate” (OC) is called “Inventory”. There isn`t any unsold inventory in Mumbai`s real estate market. Thus, the BMC (Brihanmumbai Municipal Corporation) authorities should expedite in granting the mandatory “OC s” to ready lats. The social and cultural contexts of a concerned CHS should be one of the prime parameter while issuing the “OC s”. Such lats will be bought by matured modern citizens forming into an ideal Co-Operative Housing Society. These sober, savvy and digni ied CHS members with high degree of Civic Sense will ensure that the Floor Space Index (FSI) and other building rules are not violated. But it's most creative formulation and that too, in the urban areas was in the housing sector. Actually, it began to evolve even before Gandhiji began advocating the idea of "Trusteeship" and later "Cooperatives". The irst co-operative housing society in India was established in 1914 by Rao Bahadur S. S. Talmaki at Gamdevi in Mumbai. Rao Bahadur Talmaki is regarded even now as the Father of the Indian Co-operative Housing Movement. It is hearting to note that powerful builders' bodies such as MCHI-CREDAI and NAREDCO are pushing severed issues, like “affordable housing” with the government. And the government is making convincing efforts for building a more affordable India. The passing of Real Estate Regulation & Development bill and having a “housing regulator”

by the government evoked a positive feeling among all the stake holders i.e. both the property sellers and the common man. There are over 1.02 Lakh Co-Operative Housing Societies across the Maharashtra State with over 22 Lakh members. In the Greater Mumbai, there are over 40,000 CoOperative Housing Societies. At the time of setting up of the Mumbai District Co-operative Housing Federation (MDCHF), there were 40 member societies on its roll. Today the membership exceeds 16,000. The man who worked tirelessly towards strengthening the co-operative housing movement was late Mr. Raghuvir Samant. The work that spread the network of housing societies is now in danger of getting lost to the reckless people who have no interest in promoting social good. Smt. Chhaya Aajgaonkar-Nerurkar is current Chairperson of MDCHF. Maharashtra Housing Societies Welfare Association (MahaSeWA) was established in 2002. CA Ramesh S. Prabhu is Chairman of MahaSeWA. Both MDCHF and MahaSeWA organizations are doing commendable work. These days we hear gross discrimination in the housing societies--sometimes on the food habits and sometimes on caste, community or religion. There are cases when the buyers or tenants discriminated on the basis of occupation, education or marital status. We must respect feelings of all communities and the responsibility for that is not only of the Government or Municipal Corporation, but mainly of the housing societies. To preserve this, all Co-operative Housing Societies should respect democratic culture and that is of organizing elections of managing committee members once in 5 years before expiry of its term. Further, these MC members should ensure that all society members step out to vote for all local, state and parliamentary elections.


MAHARASHTRA SOCIETIES WELFARE ASSOCIATION (R) “MSWA Branch office “ Location

Address

Tel. No.

Fort

Sai Sadan, 1st floor, office No. 103, 76/78, Modi Street, Fort, Mumbai 400001

022 - 2265 65 82 98 21 23 47 70

Vasai

Swagat Bhavan Bldg., Near Indian oil, Opp. M. S. E. B. Colony, Vasai (E), Thane - 400 208.

0250 - 645 75 85 0250 - 645 75 86

Dombivali

1-B, Ram Govind Apartment, Opp. Vijya Bank, Near Brahman Sabha Hall, Dombivali (E) - 421 201.

0251 - 2422 880

Mulund

3, Nakshatra, Shobha Aprtment, Sarojini Naidu Road, Tambe Nagar, Mulund (W), Mumbai - 400 080

022 2568 5983 98 69 03 45 67

ANNOUNCEMENT

- Now Books of MSWA , Bye-Laws, forms are available at : NITIN NIKAM & ASSOCIATES Build.No.20, A-Wing, Room No. 005, Ground Floor, Tilak Nagar, Chembur, Mumbai - 400 089, Tel.: 022 - 6521 2833 Tel: 9869017994 / 9987504918 GORAI MAHARASHTRA SAHAKARI SANSTHA ASSOCIATION MARYADIT Add.: Plot No. 198, Room No. C/11, Spurthi CHSL, Gorai - 2, Borivali (W), Mumbai - 400 092

Mr. Ashok Utekar - 98212 88662

CREATION OF WhatsApp Group by MSWA The Social media has been spreading very quickly. Every person who wants to have the instate information on various aspects been using WhatsApp as means and getting enrolled in different WhatsApp group. At the request of many members and public at large at different Seminars we had organised the MSWA has created the areawise WhatsApp group. any person who want to be part of their respective

areawise group are requested to send your request to : WhatsApp Mobile No. : 7045599708 or E-mail to: [email protected] / [email protected] with following details : (1) Name, (2) Designation like Committee member or Secretary etc. (3) name of Society (4) Area for e.g. model town, Shastri ngr., or Road (5) Railway Stn. (6) E-mail Address _______________


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FOR SOCIETY

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3 YEAR

` 4000/- + 18 % GST

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5 YEAR

` 6000/- + 18 % GST

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` 3540/-

= ` 7080/-

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MAHARASHTRA SOCIETIES WELFARE ASSOCIATION (Regd. No. Maharashtra state, Mumbai 1054/2002/GBBSG)

Address : A-2/302, Laram Centre, Opp. Rly. Station, Andheri (W), Mumbai - 58. Tel.: 022 - 42551414 / 26248565 / 89.

Application for Membership (Registered) Membership No.

Date :

I/We hereby apply for Registered membership of Maharashtra Societies Welfare Association. My/Our Particulars are as under My/Society Name Address

(O)

(M)

Telephone(R)

E-mail id : Societies Registration No. & Date

Total Members of Society________________________________ Flat______________ Shop___________ Garage____________

Enclosed 1 Year Subscription ` 2360/-, 3 Years Subscription ` 4720/-, 5 Years Subscription ` 7080/(Including 18% - GST = CGST - 9% | SGST - 9% ) By Cash / Cheque No._____________________________ Date_________________________ Rs.__________________________ drawn on______________________________________________________________________________________________ bank. Yours faithfully, Signature: Applicant / Chairman / Hon. Secretary / Treasurer

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