Can Public authorities / officials be compelled to make reasoned reply to the complaints / representations made to it..

I am forwarding the mail received on complaints made to public / Govt authorities and the court judgments.

Pl take note of the attachments. They may be useful.

regards,

Sridharan, (Sridharan Pillai Pakkam Nattu <p.n.sridharan@gmail.com>)

Ghatkopar East,

97571 34564

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Circulars / GRs pertaining to Leave & Licence

Documents required for Flat to be sub-let on Leave and License basic

  1. Copy of stamp duty paid and registered Leave & License Agreement
  2. Police Verification
  3. Form No.27 – Appendix – 27 [Under the Bye-law No. 43(2)(i)]
    A form of application for permission to sub-let, give on leave and license or care-taker basis the flat or part thereof
     application by member to sub let
  4. Form No.11 signed by sub lettee
  5. NOC FOR SELL OF THE FLAT OR GIVING ON L & L BASIS:

    Please note that there is NO NEED TO OBTAIN FORMAL NOC from the Society either for sell / transfer or leave and license / care taker basis, but only to submit a Notice of intention in the prescribed form no.20(1) along with Consent of the proposed transferee in the prescribed form no. 20(2), as provided in the bye-law no.38(a) AND Notice of Resignation of Membership of the Society in the prescribed form no.13, as provided in the bye-law no.27(1)(a), in case of sell / transfer and, Application for permission to sub-let, give on leave and license or care-taker basis the flat or part thereof, in the prescribed form no.27, as provided in bye-law no.43(2)(i) along with application for Nominal Membership by the sub-letee or licensee or the caretaker or occupant, in the prescribed form no.11, as provided in the bye-law nos. 20 and 43(2)(ii).

    The Society is required to dispose of the application within the prescribed time limit, as provided in bye-law no.65, i.e. maximum period of three months for grant / transfer of membership and has standard New York Sublets rules for one month for subletting.

    If someone follows the above procedure, but, Society does not grant formal permission, still there is no contravention by the member, on the other hand the Society is at fault, as the applicant members becomes deemed member, as provided in section 22(2). The committee shall be liable for administrative action by the Asst./Dy. Registrar, if a complaint is lodged.

    However, even though the NOC is not required for transfer, if such a certificate is required the Society is required to consider application on merit within one month, as per bye-law no.38(d).

    Nominal Membership charges Rs.100

It is advisable and strongly recommended to take blank dated Repossession Letter from the sub lettee while signing the Agreement. Please refer attached files. 

 

J.B.Patel – Jeby

Housing Societies’ Activist

9820538570

PG Success Story by Rajiv Patel

Police Order on Prior Info. before Sub letting 01.09.2012 to 30.10.2012

Occupancy Right In Flat Is Equal To Ownership – SC

Sub-letting etc. of Flats

Eviction order after expiry of Leave and Licence period

Eviction of L & L – Sanwarmal Kejriwa Vs. Vishwa Co-operative Housing Society Ltd.——_Final

Non_Occupancy_charge_on_paying_guest not to exceed 10% of Service Charges


Transfer of Shares to legal heir

We have a member in our society who has died intestate. She has also not filed her nomination form in favour of any one. She used to stay with her son. Her other children have given an NOC in favour of the son staying with her at the time of her death. Now, the son wants us to transfer the flat in his name. The following 2 questions arise :
  1. Can the Society waive the transfer charges, since the transfer is to a blood relative ? Do the Model Bye-laws allow it ?
  2. Does he have to pay the Stamp Duty for transfer to the Stamp Office ?

MCS Bye Law No 38 (ix)
Transfer Order Dated 26.08.2011 issued by Deputy Registrar M Ward under instruction from Lokshahi Din vide letter B/1035.

Courtesy : J.B.Patel – Jeby, Housing Societies’ Activist, 9829538570

_3__MCS_BYE_LAWS_FOR_TRANSFER_OF_SHARES (1)

_1__TRANSFER_FORMALITIES_FOR_A_FLAT

_4__No_Transfer_Fee_from_a_family_member_-_Malini_Shetty__Munjal_Nnagar_-_by_Dep. Registrar

 

Bye-Law No. 35 will be applicable in this case. The Society will have to give notice in at least 2 local newspaper for the same as per Appendix-16 format. Cost will be recovered from the member. Also an Indemnity bond from the other legal heirs to the Society will be required. Stamp duty is not applicable in this case neither does any premium on transfer fees are applicable. Membership fee of Rs. 100 may still be applicable.
This is not transfer of shares technically. Name of the nominee on the share certificated does not mean he / she is the owner. They are only trustees of the said premises and the ownership rights of the legal heirs are still applicable.
If society is not competent in handling the matter then hiring a lawyer may be a better option. Hope this helps.
Courtesy : Rajesh Thakkar

 

 


Supreme Court says Aadhaar not necessary for essential services

The centre and state governments must not insist on Aadhaar from citizens before providing essential services, the apex court ruled

In a significant development, the Supreme Court on Monday has ruled that Aadhaar or the unique identification (UID) number scheme, the United Progressive Alliance (UPA) government’s ambitious project, is not mandatory to avail essential services from the government.

Various state governments have been insisting on making Aadhaar compulsory for a range of formalities, including marriage registration, disbursal of salaries and provident fund among other public services.

While hearing a public interest litigation (PIL) filed by retired Karnataka High Court judge Justice KS Puttaswamy and advocate Parvesh Khanna questioning the legal sanctity of Aadhaar, the apex court said, “The centre and state governments must not insist on Aadhaar from citizens before providing them essential services.”

Click Here for the detailed story


5 Million Farmers Sue Monsanto for $7.7 Billion

Launching a lawsuit against the very company that is responsible for a farmer suicide every 30 minutes, 5 million farmers are now suing Monsanto for as much as 6.2 billion euros (around 7.7 billion US dollars). The reason? As with many other cases, such as the ones that led certain farming regions to be known as the ‘suicide belt’, Monsanto has been reportedly taxing the farmers to financial shambles with ridiculous royalty charges.

The findings echo what thousands of farmers have experienced in particularly poor nations, where many of the farmers are unable to stand up to Monsanto. Back in 2008, the Daily Mail covered what is known as the ‘GM Genocide’, which is responsible for taking the lives of over 17,683 Indian farmers in 2009 alone. After finding that their harvests were failing and they started to enter economic turmoil, the farmers began ending their own lives — oftentimes drinking the very same insecticide that Monsanto provided them with.

Read More: http://www.whydontyoutrythis.com/2013/03/5-million-farmers-sue-monsanto-for-7-billion.html


Water Seepage Issues – Do’s & Don’ts

Please find attached document, to prevent water seepage from flats due to bad housekeeping of toilet / washbasin / drain. Few issues based on my own personal experience in our society.
This might be helpful, if circulated to the members of each society.
Request members to share their experience if any.
Regards
SenthilMani.S.S  <sssmani@yahoo.com>
MOBILE: 9890500175
DO’S & DONTS TO PREVENT WATER SEEPAGE FROM FLATS- IN HOUSING SOCIETIES

Glaxo’s manipulative hype in repositioning Horlicks in India

Courtesy : DR AR SHENOY

This TV commercial is about GSK’s attempt at re-positioning their brand Horlicks in India. The TVC claims boiling milk diminishes vitamins A, B and Folic acid content in it and therefore you should add Horlicks to milk in order to make good the loss

This Horlicks TVC trivializes the very significant act of boiling milk before consuming by unnecessarily dramatising micronutrient loss. In India, we have a tradition for boiling milk and then consuming it since ancient times and this habit is based on good reasoning.

*The 10gms pack of  Horlicks is both an irrational pack size and formulation both from the point of view of nutritional quality as well as quantity. GSK itself states on the 80gms commercial pack under the tagline “My perfect cup of Horlicks!” to add 3 heaped teaspoonful’s (27g) of Horlicks to 200 ml of milk and “as much sugar” as one likes! Never mind the fact that 27gms of Horlicks contains 8gms of sugar! HORLICKS NUTRITIONAL QUALITY DIMINISHES AS THE PACK SIZE DECREASES!

Horlicks has been positioned or perceived as bedtime hot milk drink in the country of its origin, United Kingdom, for a major part of its existence, for over 135 years.  In India, the same brand with no remarkable difference in composition from its UK counterpart is projected as a remarkable nourishment provider, which promotes growth, attention and concentration in children of school-going age. Outside of India, in more consumer-aware and well regulated societies of Asia like in Malaysia and Singapore, GSK does not make any manipulative claims regarding Horlicks as it does in India and its immediate neighborhoods.

In fact, when GSK’s India-based Horlicks advertisement making claims of five signs of growth was broadcast by a Nepali TV channel in the UK, it was monitored and UK regulator, the Advertising Standards Authority (ASA), took serious objections on the claims made by GSK. GSK was quick to offer an explanation that the claims were meant only for children of this part of the world (Indian subcontinent) and were not applicable to children in UK!

Click Here for the detailed eye-opener report