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DEVELOP SOFT SKILLS , USE SOCIAL MEDIA, BE PROFESSIONAL
SPEAKER, & EXPLORE OPPORTUNITIES IN NON TRADITIONAL
AREAS
About the Author:
CA (Dr.) Adukia left no stone unturned during his career span expanding to
more than 39 years. Having graduated from Sydenham College of Commerce &
Economics in 1980 as 5th rank holder in Bombay University and he has also
received a Gold Medal for highest marks in Accountancy & Auditing. He
cleared the Chartered Accountancy Examination with 1st Rank in Intermediate
and 6th
Rank in Final. He also secured 3rd Rank in the Final Cost Accountancy
Course. He has been awarded G.P. Kapadia prize for best student of the year
1981. He also holds a Degree in law, PhD in Corporate Governance in Mutual
Funds, MBA, Diploma in IFRS (UK), and Diploma in Labour law and Labour
welfare, Diploma in IPR, Diploma in Criminology.
His mantra is to provide services to clients that help them in building better and
sustainable businesses. He is a knowledge seeker and believes that knowledge
needs to be ingrained and used for the benefit of society at large.
YOUR COLLEAGUE AVAILABLE FOR YOUR ASSISTANCE
Dear esteemed colleagues,
It is no surprise that we chartered accountant play a prominent role in
building India’s economy by assisting government in every move they take in
policy reforms.
Recently we mark the 75th
anniversary of our nation and the day is not far when
we will celebrating hundred years of freedom. I believe that we can choose as to
what kind of celebration we want to make markingthe hundreds years of
freedom, and certainly I choose to make India as the leading economy in world.
Being adherent of sharing knowledge and using our expertise for the benefit of
society at large, I urge you all students, professionals to join hands in the
mission of “transforming INDIA by transforming profession”by contributing
our services in all levels of economic activities and take the nation’s economy
to new heights.
You will get access to my books on below given links:
Professional opportunities books
https://drive.google.com/drive/folders/1RzED5-
821FiwGauXMp0vknyfTOFWWpea?usp=sharing
&
How to be super professional successful
https://www.slideshare.net/RajkumarAdukia/how-to-be-supper-super-
professional-successful-249996246
I strongly believe that one must expand their professional reach and seek new
opportunities by going beyond their traditional areas of practice. The new policy
reforms initiated by government through 53 ministries working at central level
in all 28 states and 8 union territories, brings us a goldmine of opportunities,
where we chartered accountant do miracle by using our expert technical and
procedural knowledge and add up to the ease of doing business by mentoring or
guiding the budding entrepreneurs, professionals, individuals making them as
job giver rather job seeker and ultimately building strong economy.
We shall make maximum use of technologies and social media, we are already
heavily reliant on the technologies and the younger generation is by default
growing in the world surrounded by innovation, we can definetly use this
advantage to reinvent our expertise. It is our responsibility as professionals to be
drivers for change and evolution in our organisations and the traditional areas
of practice like audit, direct and indirect taxationshould become a by-product.
No matter what carreer stage you are whether a student, a fresher or settled in
professional practice I believe we all can contribute and drive the growth of
nation.
MENTORING STUDENTS & YOUR OFFICE TEAM MEBERS
I would love to assist you all student, CA, CA Firms, every team member of
your firm, as a mentor and growth coach by using all of my knowledge and
research of past four decades years for your exponential growth and providing
you with consistent opportunities to grow. You are welcome and can connect to
me as mentees on drrajkumaradukia@gmail.com or 9820061949.
MENTORING MEMBER, PARTNERS & TEAM MEMBERS
I am very passionate from the time of beginning of professional practice and
been vocal about expanding our professional reach to serve better and not settle
for less by going beyond the traditional areas of practicing our skills. With the
belief of knowledge/expertise sharing to inspire others in their growth
expansion both personal and professional, I would like you to mentor you for
your growth expansion.
MENTORING FOR PERSONAL & PROFESSIONAL GROWTH,
WRITING BOOKS, BECOMING SPEAKERS
I would love to assist you all as a mentor and growth coach by using all of my
knowledge and research of past four decades years for your exponential growth
and providing you with consistent opportunities to grow.
So whatever is your passion whether it be writing a book, executing innovative
ideas into a start-up, expansion your buisness, or exploring new opportunities in
your profession by going beyond the traditional areas of practice, you are
welcome and can connect with me at drrajkumaradukia@gmail.com or
9820061049.
I have also volunteer to make revolutionary changes in CA profession by
contesting the upcoming Central Council Election of the ICAI scheduled on 3rd
and 4th
December, 2021. I will be representing for Western Constituency. For
this I humbly pray for your first / best preference vote to see miracle happening
at national level - in the process each one will be benefited.
GIVE MAXIMUM PREFERENCES
We need to elect 11 members for regional council and 22 members for central
council . we laso have single transferable vote. By giving maximum prefernces
we select best candidates in preferential systm of voting . vote for those who
can transform profession as per requirement of new economy.
MENTORING FOR WRITING BOOKS, BECOMING SPEAKERS
I would like to mentor those who are interested in writing books, become
speaker etc
The CA profession needs 360 degree change. We can do miracles by
contributing to policies of all 53 ministries , 28 states & 8 union territories. In
my opinion this is the job of council and recent times it is urgent necessity. Pl
vote for members who can perform this role.
At this juncture I am putting my brief profile description as under:
 Professional experience:
1. Best chairman of the year 1997-98, history of activities of western region
was rewritten
2. Headed almost all committees at central level- firebrand leader and
worker
3. Year 2008 as a chairman of professional development committee wrote to
all central ministries- How CAs can provide services in different areas
and visited them
4. Contributed maximum publication in history of ICAI as council member
5. Council member between 1998-2016
6. IFRA selected on individual merit as Asia representative for 2016-18 on
SME committee
7. Addressed various international conferences
8. Part of IFAC public accountants in business committee in 2004-2008
9. Instrumental in starting various certificate courses such as Arbitration,
Internal Audit, Concurrent Audit, ERM
 Education:
1. Graduated from Sydenham College of Commerce &Economics in1980 as
the 5th rank holder in Bombay University also received aGold Medal for
highest marks in Accountancy & Auditing
2. Cleared the Chartered Accountancy Examination with 1st Rank in
Intermediate and 6th
Rank in Final and secured 3rd Rank in the Final Cost
Accountancy Course
3. Master in Business Finance, a one-year post qualification course by ICAI
4. Has attain 50+ degrees and diplomas by securing top rank in many exams
5. Certfication courses conducted by ICAI and 70+ self development
courses
 Authored Books and Articles:
 Has authored more than 300 books on various subjects and 100+ articles
in different journals on Valuation, Insolvency Laws, Insurance Laws,
Accounting Standards etc. which has helped numerous students and
professionals in their academic and professional growth.
 Awards and accolades:
1. The Jeejeebhoy Cup for proficiency and character,
2. State Trainer by the Indian Junior Chamber,
3. “Rajasthan Shree” by Rajasthan Udgosh, a noted Social Organization of
Rajasthan and
4. Several other awards as a successful leader in various fields.
5. National Book Honors Award 2018
PREFACE
Visualize your future the way you want it to be:
Pyschlogist tells us that visualising the thing or outcomes that we want in our
life is very effective way of starting to work towards them. If you want to be
working in a nicer job, or living a bigger house,being the best position in your
career create a mental picture of your life how you want it to be and imagine
yourself living that life in a realistic timeframe.
We are fortunate to be living in 21st
century, as we are in much better position to
exchange information, interact with fellow humans, gaining extraordinary
ability to learn by using our expertise to contribute in everything that makes the
world a better place to live.
Now that we have so much of talent, intelligence to expand our network
/influence, then there should not be anything that will be stopping us from doing
that.
The book is intented to provide you with all the non traditional areas of
opportunities which you can explore and use your expertise. It will also give
you insights of developing necessary skills in the process and how to use social
media in practising and expanding growth.
But first,
Get into habit of thinking beyond your current situation
“As a man thinketh in his heart, so is he" –
As a Man Thinketh by James Allen (1902)
Although a century old book this continues to motivate me. In nutshell it gives
the power of thought.
It is our great fortune that we human are gifted with the greatest art of
“thinking”. As we possess the ability to become what we think to become,
makes us the sole author of our condition, so make a choice as to what condition
you want to live in, once you make a choice all you have to do is start.
Disclaimer:
The content of this book based uppon the knowledge and views of Author in
exercise of the Fundamental Rights Guaranteed Under Article 19(1)(a)
And Other Related Laws Being Force In India, For The Time Being. Although
all efforts are made to ensure the accuracy and correctness of the information
contained, it is advisable to readers wishing to rely upon to do their own
analysis and verification.
I. SOFT SKILLS
If anything that 2020 has taught us to be prepare for anything that future could
throw at us, being agile and adaptive is the only way to succeed. For that one
need to develop certain soft skills, this skills are less about qualification and
more of personality driven
a. Communication :
It is one of the one of the most important soft skills. Able communicators can
adjust their tone and style according to their audience, comprehend and act
efficiently on instructions, and explain complex issues to colleagues and clients
alike. A key, often forgotten, communication skill is listening.
Whether you are dealing with a customer complaint or working with your
colleagues, good listening skills will help you learn and respond correctly to the
circumstance you have been presented with. Equally as important are
your verbal and non-verbal skills.
Verbal skills are key to fostering relationships that are collaborative and
respectful, and ultimately, productive. This also applies to your written
communication.
A lot of business communication is now played out by email, so it's important to
know good email etiquette and give instructions clearly and concisely.
b. Self- motivation
Having a positive attitude and the initiative to work well without around-the-
clock supervision is a vital soft skill for any employee. Not only does it
demonstrate reliability and commitment, but it also shows that you can fit
efficiently into an organisational structure without the need for constant
supervision.
To demonstrate your motivation, think about these keys skills:
 Positivity
 Ambition
 Commitment
 Initiative
c. Leadership
Leadership is a soft skill you can show even if you’re not directly managing
others.
Those with strong leadership skills will have the ability to inspire others
and lead teams to success. This is why it is a particularly sought-after skill.
People with good leadership skills will have a range of skills that are useful in
the workplace, including:
a) A positive attitude and outlook
b) The ability to make quick and effective decisions
c) Exemplary problem-solving or conflict management skills
d) The ability to communicate effectively
e) An aptitude for both self-motivating and motivating others
Even if you are applying for an entry-level role, don't be afraid to demonstrate
your potential by showing how you have positively influenced others to take a
project to success.
d. Responsibility
Responsibility is a seldom talked-about but highly valued soft skill. Colleagues
who fail to take responsibility for their work will be less productive and less
successful overall.
To demonstrate a high level of responsibility, make sure you can master these
skills:
 Trustworthiness
 Discipline
 Motivation
 Conscientiousness
 Accountability
Taking responsibility means taking ownership of not only your goals but the
wider company goals. This will mean taking the initiative to make
improvements, accepting responsibility for any failures and really caring about
working your way to success.
e. Teamwork
Like leadership, good teamwork involves a combination of other soft skills.
Working in a team towards a common goal requires the intuition
and interpersonal acumen to know when to be a leader and when to be a
listener. Good team players are perceptive, as well as receptive to the needs and
responsibilities of others.
f. Problem solving
Problem solving does not just require analytical, creative and critical skills, but
a particular mindset; those who can approach a problem with a cool and level
head will often reach a solution more efficiently than those who cannot.
This is a soft skill which can often rely on strong teamwork too. Problems need
not always be solved alone.
The ability to know who can help you reach a solution, and how they can do it,
can be of great advantage.
g. Decisiveness
Decisiveness is characterized by the ability to make quick and effective
decisions. It does not mean recklessness or impulsiveness.
Decisiveness combines several different abilities:
 The ability to put things into perspective
 Weigh up the options
 Assess all relevant information
 Anticipate any consequences, good and bad
A decisive employee will take effective and considered action quickly,
especially when under pressure. They take responsibility for the consequences
of their decision and can adapt when mistakes are made. This ensures that
opportunities aren't missed by lengthy analysis or debate.
h. Ability to work under pressure and time management
Many jobs come with demanding deadlines and, sometimes, high stakes.
Recruiters prize candidates who show a decisive attitude, an unfaltering ability
to think clearly, and a capacity to compartmentalise and set stress aside. Time
management is closely related to the ability to work under pressure, as well as
within tight deadlines. Employees who manage their time well can efficiently
prioritise tasks and organise their diaries while adopting an attitude which
allows them to take on new tasks and deadlines.
i. Flexibility
Flexibility is an important soft skill, since it demonstrates an ability and
willingness to embrace new tasks and new challenges calmly and without fuss.
Flexible employees are willing to help out where needed, take on extra
responsibilities and can adapt quickly when plans change.
Employers are looking for candidates who can show a willing and upbeat
attitude, and who are unfazed by change.
j. Negotiation and conflict resolution
This is another of those soft skills which employers look for in potential leaders.
To be an adept negotiator is to know how to be persuasive and exert influence,
while sensitively seeking a solution which will benefit all parties.
Similarly, conflict resolution depends on strong interpersonal skills and the
ability to establish a rapport with colleagues and clients alike.
II. SOCIAL MEDIA USE
The exploding growth of social media has significantly changed the way people
communicate at home and at work. Social media applications include sites such
as LinkedIn, Facebook, Google+, Pinterest, Tumblr, Wikipedia, YouTube,
Twitter, Yelp, Flickr, Snapchat, Instagram, Second Life, WordPress and
ZoomInfo. Not only has social media changed the way we communicate, but
these applications present great opportunities for businesses in the areas of
public relations, internal and external communications, recruiting,
organizational learning and collaboration, and more.
Collaborative technologies are valuable in the workplace because of their
effectiveness in improving understanding and teamwork, building relationships
and developing lateral communication. The novel aspect of social media is their
conversational tone: Knowledge sharing takes place through processes
including discussion with questions and answers (online forums), collaborative
editing (wikis) or storytelling with reactions (blogs).
Why should an organization have its own official presence on social media?
Reasons include the following:
 Facilitates open communication, leading to enhanced information
discovery and delivery.
 Allows employees to discuss ideas, post news, ask questions and share
links.
 Provides an opportunity to widen business contacts.
 Targets a wide audience, making it a useful and effective recruitment
tool.
 Improves business reputation and client base with minimal use of
advertising.
 Promotes diversity and inclusion.
 Expands market research, implements marketing campaigns, delivers
communications and directs interested people to specific websites
Most of us identify professional development with formal degree and training
programs. However, the bigger part of the professional success story is
dependent on your personal learning networks (PLNs). Social media has the
ability to amplify your reach through expansion of PLNs, which can be aptly
utilized for enhancing one's professional growth.
Use each social network to its maximum potential
Created in 2007, the YouTube Partner program has 30,000+ partners from 27
countries around the world. With 60 hours of video being uploaded every
minute, there is little chance that all of that will be crap. In fact, one can
possibly find video resource about every topic imaginable. The huge variety of
instructional video available on YouTube makes it the number one interactive
social media tool for professional development.
Networking on Facebook
Facebook has more than 1.28 billion active monthly users, which is roughly
one-sixth of the entire world population. The social networking giant has
introduced an extensive array of tools throughout its evolution that can be used
effectively for professional growth. Whether it is Facebook groups, Business
pages or Events, each of these tools is equally useful. These are great ways of
communicating with experts, spreading new ideas, building new relationships,
building contacts and trying new things out.
Events will keep informing you about the latest learning opportunities
happening in and around your city which you can attend for better networking.
Twitter: The best companion experience to what's happening in their world
Twitter is another mainstream social media outlet. It has 255 million monthly
active users as per the latest reports disclosed by the company, which was up by
14 million sequentially. Twitter is useful in a number of ways. However, the
first thing to do after you set up an account is learn the language of the
Twittered. The social network definitely has a learning curve associated with it,
but it won't be much time before you get familiar with terminology like
hashtags, avatar, tweets, promoted tweets, RLRT, RT, Timestamp and activities
such as connecting with like-minded learning professionals, following shared
news stories, Trends amongst other. Your career development through Twitter
will include information and active participation in Twitter chats around a
particular subject area.
LinkedIn: The official professional network
A professional network where you can establish your credentials through a
résumé-style profile, post or share content relevant to your field, and connect
with others who work in your industry To ensure maximum utilization, your
profile should be complete and professionally oriented. Nothing can understate
the importance of a good professional headshot as your profile picture.
Take credit for accomplishments and be generous while offering
recommendations and endorsements for people you know. Send personalized
connection requests to professionals and join groups in area of your
interest. With LinkedIn publishing platform becoming free-for-all, you can also
write professional posts to show expertise and share the content in your
network. Last but not the least; LinkedIn is a place to find some of the best
work opportunities in the industry.
In a global economy, it wouldn't be wise to limit yourselves to purely local
connections. Your professional success will also depend on how well you are
able to utilize different technological aids, social media and mobile being the
top amongst them, to increase your PLN.
Instagram
A photo-sharing site where you and other professionals can post images of new
products, trade show displays, convention gatherings, inspirational ideas, and
more
Tumblr
A blogging platform that allows you and other professionals to write essays,
commentaries, and how-tos focused on your industry
Pinterest
An idea-sharing site where you and other professionals can share image
collections, articles, and posts that you find interesting or inspirational
Establish Your Presence Joining a social media network is a lot like walking
in the door at an in-person social gathering. Yes, you can eavesdrop by standing
in the corner all night, but the real point is to mingle and meet people. How do
you do that on social media?
There are multiple ways to participate:
 Like: Most social media sites allow you to click or tap a button to show that you
“like” what another professional has posted. People find it gratifying to receive
“likes,” and they’ll appreciate you for providing positive feedback.
 Follow Back: When you are notified of a new follower who shares your
professional interests, follow them in return. It’s an important step to making
connections.
 Comment: Write a response to what someone else has posted. It can be as
simple as a note of thanks, or you can ask a question or make a respectful
remark with the intent of starting a productive, positive conversation.
 Post: Share articles, personal thoughts, images, videos, and relevant content
from credible sources. You don’t have to share much or share often, but posting
is how you ultimately create your professional image. For your posts, share
something you find interesting and think others in your profession would find
useful as well.
 Hashtag: Hashtags (the # symbol followed by words) is a method of indexing.
You can search social media sites by hashtags and get a list of all posts that use
a specific tag. Tags don’t have to be registered; simply add a # symbol in front
of a word or combined series of words—with no spaces—and anyone who
searches for that tag will find your post. Specific events and discussions will
often use a hashtag. If you join a conversation with a hashtag, use the hashtag to
increase the chances of people seeing your contribution.
III. PROFESSIONAL SPEAKER
Being a good public speaker can enhance your reputation, boost your self-
confidence , and open up countless opportunities.
However, while good skills can open doors, poor ones can close them. For
example, your boss might decide against promoting you after sitting through a
badly-delivered presentation. You might lose a valuable new contract by failing
to connect with a prospect during a sales pitch. Or you could make a poor
impression with your new team, because you trip over your words and don't
look people in the eye.
Make sure that you learn how to speak well!
Strategies for Becoming a Better Speaker
The good news is that speaking in public is a learnable skill. As such, you can
use the following strategies to become a better speaker and presenter.
Plan Appropriately
First, make sure that you plan your communication appropriately. Use tools
like the Rhetorical Triangle , Monroe's Motivated Sequence , and the 7Cs of
Communication to think about how you'll structure what you're going to say.
When you do this, think about how important a book's first paragraph is; if it
doesn't grab you, you're likely going to put it down. The same principle goes for
your speech: from the beginning, you need to intrigue your audience.
For example, you could start with an interesting statistic, headline, or fact that
pertains to what you're talking about and resonates with your audience. You can
also use story telling as a powerful opener; our Expert Interviews with Annette
Simmons and Paul Smith offer some useful tips on doing this.
Planning also helps you to think on your feet . This is especially important for
unpredictable question and answer sessions or last-minute communications.
Tip:
Remember that not all occasions when you need to speak in public will be
scheduled. You can make good impromptu speeches by having ideas and mini-
speeches pre-prepared. It also helps to have a good, thorough understanding of
what's going on in your organization and industry.
B. Practice
There's a good reason that we say, "Practice makes perfect!" You simply cannot
be a confident, compelling speaker without practice.
C. Engage With Your Audience
When you speak, try to engage your audience. This makes you feel less isolated
as a speaker and keeps everyone involved with your message. If appropriate,
ask leading questions targeted to individuals or groups, and encourage people
to participate and ask questions.
Keep in mind that some words reduce your power as a speaker. For instance,
think about how these sentences sound: "I just want to add that I think we can
meet these goals" or "I just think this plan is a good one." The words "just" and
"I think" limit your authority and conviction. Don't use them.
A similar word is "actually," as in, "Actually, I'd like to add that we were under
budget last quarter." When you use "actually," it conveys a sense of
submissiveness or even surprise. Instead, say what things are. "We were under
budget last quarter" is clear and direct.
Also, pay attention to how you're speaking. If you're nervous, you might talk
quickly. This increases the chances that you'll trip over your words, or say
something you don't mean. Force yourself to slow down by breathing deeply.
Don't be afraid to gather your thoughts; pauses are an important part of
conversation, and they make you sound confident, natural, and authentic.
Finally, avoid reading word-for-word from your notes. Instead, make a list of
important points on cue cards, or, as you get better at public speaking, try to
memorize what you're going to say – you can still refer back to your cue cards
when you need them.
D. Pay Attention to Body Language
If you're unaware of it, your body language will give your audience constant,
subtle clues about your inner state. If you're nervous, or if you don't believe in
what you're saying, the audience can soon know.
Pay attention to your body language: stand up straight, take deep breaths, look
people in the eye, and smile. Don't lean on one leg or use gestures that feel
unnatural.
Many people prefer to speak behind a podium when giving presentations. While
podiums can be useful for holding notes, they put a barrier between you and the
audience. They can also become a "crutch," giving you a hiding place from the
dozens or hundreds of eyes that are on you.
Instead of standing behind a podium, walk around and use gestures to engage
the audience. This movement and energy will also come through in your voice,
making it more active and passionate.
E. Think Positively
Positive thinking can make a huge difference to the success of your
communication, because it helps you feel more confident.
Fear makes it all too easy to slip into a cycle of negative self-talk, especially
right before you speak, while self-sabotaging thoughts such as "I'll never be
good at this!" or "I'm going to fall flat on my face!" lower your confidence and
increase the chances that you won't achieve what you're truly capable of.
Use affirmations and visualization to raise your confidence. This is especially
important right before your speech or presentation. Visualize giving a
successful presentation, and imagine how you'll feel once it's over and when
you've made a positive difference for others. Use positive affirmations such as
"I'm grateful I have the opportunity to help my audience" or "I'm going to do
well!"
F. Cope With Nerves
How often have you listened to or watched a speaker who really messed up?
Chances are, the answer is "not very often."
When we have to speak in front of others, we can envision terrible things
happening. We imagine forgetting every point we want to make, passing out
from our nervousness, or doing so horribly that we'll lose our job. But those
things almost never come to pass! We build them up in our minds and end up
more nervous than we need to be.
Many people cite speaking to an audience as their biggest fear, and a fear of
failure is often at the root of this. Public speaking can lead your "fight or flight"
response to kick in: adrenaline courses through your bloodstream, your heart
rate increases, you sweat, and your breath becomes fast and shallow.
Although these symptoms can be annoying or even debilitating, the Inverted-U
Model shows that a certain amount of pressure enhances performance. By
changing your mindset, you can use nervous energy to your advantage.
First, make an effort to stop thinking about yourself, your nervousness, and your
fear. Instead, focus on your audience: what you're saying is "about them."
Remember that you're trying to help or educate them in some way, and your
message is more important than your fear. Concentrate on the audience's wants
and needs, instead of your own.
If time allows, use deep breathing exercises to slow your heart rate and give
your body the oxygen it needs to perform. This is especially important right
before you speak. Take deep breaths from your belly, hold each one for several
seconds, and let it out slowly.
Crowds are more intimidating than individuals, so think of your speech as a
conversation that you're having with one person. Although your audience may
be 100 people, focus on one friendly face at a time, and talk to that person as if
he or she is the only one in the room.
F. Watch Recordings of Your Speeches
Whenever possible, record your presentations and speeches. You can improve
your speaking skills dramatically by watching yourself later, and then working
on improving in areas that didn't go well.
As you watch, notice any verbal stalls, such as "um" or "like." Look at your
body language: are you swaying, leaning on the podium, or leaning heavily on
one leg? Are you looking at the audience? Did you smile? Did you speak clearly
at all times?
Pay attention to your gestures. Do they appear natural or forced? Make sure that
people can see them, especially if you're standing behind a podium.
Last, look at how you handled interruptions, such as a sneeze or a question that
you weren't prepared for. Does your face show surprise, hesitation, or
annoyance? If so, practice managing interruptions like these smoothly, so that
you're even better next time.
Key Points
Chances are that you'll sometimes have to speak in public as part of your role.
While this can seem intimidating, the benefits of being able to speak well
outweigh any perceived fears. To become a better speaker, use the following
strategies:
 Plan appropriately.
 Practice.
 Engage with your audience.
 Pay attention to body language.
 Think positively.
 Cope with your nerves.
 Watch recordings of your speeches.
If you speak well in public, it can help you get a job or promotion, raise
awareness for your team or organization, and educate others. The more you
push yourself to speak in front of others, the better you'll become, and the more
confidence you'll have.
I. OPPORTUNITIES IN NON TRADITIONAL AREAS
1. ALTERNATIVE DISPUTE RESOLUTION
Almost 65% of India’s population is under the age of 35 years, the average
Indian is 29 years, while there two ways to look at the glass some people may
take it as an asset some may take in light of unemployment. Although the
problem of lack of jobs is well address and curb to some extent by various
government initiatives such as Digital India or Atmanirbhar Bharat, Startup,
MSME and Agriculture sector reforms etc.
The Alternative Dispute Resolution Providers is one such area to be think upon
by younger generation. Since the role of solution provider does not require any
certain degree, the person with sense of logic and justice may explore this career
opportunity. Naturally anyone possessing sound mind may facilitate the
resolution to the concerned dispute therefore there are no are no rigid
formalities prescribed for imparting role as a dispute resolution providers.
Since India follows either court referred ADR or Private ADR, the accreditation
is necessary for empanelment with court and tribunal mediation panels. The
person can be a certified accredited dispute resolution provider either in the
category of Mediator, Conciliator or Arbitrator after successful completion of
training course.
Family, commercial, business, trade, real estate, labour management,
workplace, sports, transport, bankruptcy, contract, neighbor, health, hospitality
etc are few subject that can be make area of practice/specialization
WHO CAN BE MEDIATIOR AND ARBITRATOR?
Naturally anyone possessing sound mind may faciliate the resolution to the
concerned dispute therefore there are no are no rigid formalties prescribed for
imparting role as a dispute resolution providers. Since India follows either court
referred ADR or Private ADR, the accreditation is necessary for empanelment
with court and tribunal mediation panels. The person can be a certified
accredited dispute resolution provider either in the category of Mediator,
Conciliator or Arbitrator after successful completion of training course.
HOW TO ACE THE ROLE OF MEDIATOR?
As a neutral facilitator, the mediator is uniquely placed to assist with, or do, the
following:
(a) Win the trust of all parties;
(b) Facilitate communication;
(c) Focus the parties on the problem;
(d) Overcome emotional blockages;
(e) Help one party to understand the other party’s case;
(f) Probe each party’s case for interests, positions, strengths and
weaknesses;
(g) Help parties realistically assess their own cases;
(h) Suggest new avenues to explore;
(i) Overcome deadlock and help save face;
(j) Explore settlement proposals in depth;
(k) Assess realistically the chances of settlement; and
(l) Win approval for settlement proposals.
(m) check (and re-check) confidentiality;
(n) let the parties own the problem and the solution;
(o) resist imposing the mediator’s own solution;
(p) be neutral and do not offer an opinion;
(q) be impartial and give equal value to everyone;
(r) avoid stereotyping;
(s) check own assumptions;
(t) always show respect;
(u) develop and demonstrate understanding;
(v) be open and honest (with oneself and with others); and
(w)be flexible.
Not all mediations proceed smoothly. Several factors, such as anger, position, plain
misunderstanding or a simple miscommunication could lead to an impasse in the
mediation. In this circumstance the mediator could apply before strategies for
peaceful process:
1. Take a break from the mediation: Relaxing to reconsider a
point sometimes leads to fresh thinking on a problem.
2. Emphasise the areas of agreement: This enables the parties to
see the commonality of their interests and the futility of
walking away from the table.
3. Use humour: Appropriate humour is always a good move for
relaxation.
4. Explore settlement in incremental stages. If a partial agreement
is feasible, harp on it.
5. Adjourn to another day.
6. Encourage the parties. Encouragement is a good motivator to
further movement and action. The mediator should
acknowledge whatever progress has been made, to reinforce it.
7. Change the focus of the mediation: If one topic bogs down the
discussion, move to another issue and address the difficult one
later
8. Use silence as a weapon: Silence is an unusual condition in a
mediation. Someone may feel compelled to break it
9. Validate the parties’ interests: When people feel validated in
their own interests, they are more willing to listen to the
interests of others.
10.Avoid generalisations.
11.Point out similarities.
12.Learn about the parties’ culture/cultures.
13.Share your experiences.
14.Demonstrate familiarity.
15.Show a desire to learn.
16.Be open to individuality.
17.Practice active listening.
18.Stress the positive.
19.Figure out what is ‘fair’.
20.Admit mistakes.
21.Do not trick or be overly greedy.
22.Be respectful of the parties.
23.Try to improve the deal after making it.
24.Recognise common goals.
25.Discuss difficulties/constraints.
26.Use a caucus. This allows the mediator to hold separate
meetings with the parties.
27.Establish a personal rapport.
28.Disclose relevant information.
29.Be honest.
30.Find out what each party wants/needs.
31.Look for ways to add value.
32.Create options.
33.Prepare.
34.Have open communication.
35.Try to improve the relationship between or amongst the parties.
Guidelines for conduct of Online dispute resolution.
The outbreak of covide 19 that resulted in mandatory maitenance of social
distancing age have necessisated the need of virtual professional, adopting to
the new normal every professional forums worldwide have started virtual life of
their respective profession/buisness. Well this have very much applicable to the
litigation platforms of country and almost every dispute resolutionary
mechanism have adopted virtual proceedings maintaining social distancing. At
this juncture the ADR mechanism have certainly become the ODR – online
dispute resolution. As of now you must have understand that there are no
statutory process governing the process neverthless the ADR
forums/platforms/institution have to follow certain protocol for online conduct
of process.
Such in nutshell have provided as below:
1. The facilitator may first contact both parties, and brief over the
process of downloading/use of digital platform
2. Subsequently he must explain over the flow of session and discuss the
issue arisen in matter very briefly
3. He may make available the concern parties of consenting letters
stating the permission of conduct of online hearing and terms &
conditions of the same
4. The facilitator may make available credentials of hearing such as
meeting ID and password, and provide them to the parties or their
authorized representatives
5. A reminder must be send day before the conduct of process
6. As a precautionary measure the mediator/conciliator/arbitrator may
join the virtual meet in advance and facilitate assistance if any
technical difficulties arise or cause to the parties
7. Before starting the process he must remind the parties of agreed terms
and condition, flow of session and their rights in between the process
8. He must available or provide breakout session whenever time needed
to think upon or general break in the virtual meet.
9. A virtual white board may be created to brainstorm ideas when the
phase of decision making is reached
10.Once the process is concluded he may provide the parties the mutual
agreement to sign through E-signature in case a final decision is
reached
Since the disputing parties are permitted to appoint more than one
mediator/arbitrator/conciliator so far the number is odd in cases of co-
mediators/arbitrators/conciliators the responsibilities of them in virtual
proceedings are certainly many. They must organize in a manner to establish a
successful system of communication with each other and with the parties. It is
recommended that co-mediators/Arbitrators/conciliators:
1. Should familiar with each other, or have previously worked with each
other
2. They should have an understanding of strategy, vision in resolving the
concerned disputes so that the collaboration would be easier and it
would be easier to arrive at conclusion.
3. It is requires that they must understand case in brief manner before
proceeding to the session in respect of platform, by mail, telephone or
video conference they are going to use
4. Facilitate the division of task between themselves and set strategy
prior to session, harmony and cooperation is certainly very important
in the process
5. They must restrain the amount of confusion to the parties take steps in
the manner
6. The absence of physical presence may create problem in flow of
discussion as two person might try to speak at the same time, the
collaborators must ensure that every person in the dispute may get
their fair chance and must maintain discipline throughout the process
How to understand the dispute?
Well this is the most crucial question so far from the perspective of dispute
resolution providers. As in order to arrived at peaceful conclusion/remedy it
necessary to have clarity over subject matter concerning the disputes. This
may certainly be achieved by asking further question.
1. What is that misunderstanding that resulted in dispute?
2. As far as you can tell, what did you specifically misunderstand about
the other person? The situation? The interaction between you?
3. What is that exact thing/or act said/done by the other person that have
caused you upset?
4. What words might you use besides upset?
5. Do you believe the said situation may be avoided? How?
6. What would you prefer the other person had said or did instead, in this
circumstance?
7. The thing that you said/done causing hardship to other person was it
necessitated? Was there any other alternative?
8. What seemed to be causing that person upset – such as, how might
they have interpreted what you said or did?
9. What is that thing you want to be done by other person so that you
will able to move on?
10.What might the other want or need from you to move on?
11.What insights do you have
2. MSMEs & STARTUPs:
In the economic development of nation, contribution of Micro, Small and
Medium Enterprises which in short “MSME” is crucial, not only the sector
enhances economic growth but is also responsible for the largest employment
generation sector next to agriculture as almost 30% of countries GDP belong to
MSME, it is for such valuable contribution MSMEs is proudly considered as
“the backbone of India’s economy”. On the other hand Start-ups which are the
combination of ideas and innovation executed in entrepreneurship emerging as
crucial leading the country on the path of success.
Recognizing the importance of both the government is constantly making policy
reforms and initiatives to support the potential entrepreneurs help contribute in
economy and for their growth expansion. In this journey there is need for
experienced mentors/professionals to come forward and invest their time in
nurturing talent by applying their expertise and assisting them thereby
contributing to nation building..
I. MENTORING ENTREPRENEURS
Often it has been seen that most of the startup, MSMEs enterepreneurs are either
unaware of available schemes / facilities or reluctant to avail it’s benefits due to
cumbersome application / approval process, resulting in shut down of their ventures
even in the starting few years.
Therefore, there is a need of proper mentorship and professional assistance to MSMEs
and Start-ups to get the maximum available benefits from the Government schemes.
The study suggest that due to absence of professional guidance the CEOs and top
management belonging MSMEs and Startups have to devote 80% of their time
towards statutory and mandatory complaince often this lead to neglect towards the
benefits provided by government, as a result many are not able to avail such
benefits.with the constant updation from the government in terms of statutory
requirments many are needing the assistance of professional who could guide them on
the right path and managed all their complaince, and other necessary work so that this
entrepreneurs could concentrate on core business operations and strategic business
planning.
This has in turn created professional opportunity to individuals well versed with the
financial, regualtory, procedural aspects
Recognising the same the government has even provided mentorship facility on
the startup india portal.
The prospective mentors for providing official guidance will have to create a mentor
profile on the portal. As a Mentor, you have access to all registered startups across all
stages on the Hub. The startups may connect with you through a connection request,
post which you can provide your expert advice to the startup on its next steps. A
startup is allowed to send 3 connection requests each week. This is done by simply
clicking on the “connect” button on the mentor’s profile. Once you accept a
connection request, the startup can reach out to you through a simple chat interface.
You can know more about the Startup which has connected with you by clicking on
their profile and reading up about them.
Professional opportunities as mentor for Startups:Apart from helping the nation move
forward, as a mentor, you will have the opportunity to:
 Be recongnised as a Startup India Mentor
 Share your wisdom and experiences
 Evovle your own thinking
 Develop a new relationship
 Deepen your skills as mentor
Process of creating mentorship profile:
 Simply click on 'Register'
https://www.startupindia.gov.in/content/sih/en/registration.html and fill in the
details as required in the registration form. An OTP will be sent to your
registered email address, post submitting which your profile will get created.
 You will have an option to select your profile type. Select “Enabler” as your
persona type, post which you’ll be asked to specify what type of enabler you
are. Select mentor / investor in the drop down box depending on your
objective.
 The profile goes under moderations for 24-48 hrs, and once our Quality
assurance team has done a preliminary check on your mentor creds, your
profile is made live
II. PROFESSIONAL OPPORTUNITIES UNDER START-Ups
Below are some ideas where the professionals can assist the budding startups:
1. By assisting start-ups to get recognition through stratup india portal
2. Drafting and creating esssential legal documents such as
a. Trademark
b. Incorporation documents
c. A non-disclosure agreement for dealing between client and investor this
will include certain documents and paper such as
- Employment contract, offer letters etc binding clause
- Confidentiality agreement
- Owning of information
- Obligation with repsect to crucial information
d. Terms and condition of work
e. Company policies etc
3. By laws – definite of working rules and regulations. Security provision etc.
4. Buisness advisor- fund raising options/opportunties, complaince moniterring
other statutory compliance and mandates, periodical check etc.
5. Web portal of buisness-handling online query, improvisation, digital marketing
6. Accounting and finance matter: Taxation and Finance are the key areas
alongwith Secretarial Compliances. Professionals are playing very significant
and crucial role to help smoothen the business operations.
III. ADVISORY SERVICES
The country’s eased regulatory scenario and improved ease of doing are
increasingly offering opportunities to businesses to grow. Every Business leader
needs a professional help to assist them in developing and delivering strategic
direction to their respective business.
Key component in advisory services includes:
1. Strategy planning and implementation:
These services are aimed at assisting the top management of an
organisation in deciding the strategic direction and ensuring their
functional heads buy into the vision of the organisation.
2. Market assessments and competition landscaping:
The professionals may helps businesses become more aware of their
market, operating landscape, competition and own positioning. Our
business consulting services typically include market size (volume and
value), growth (historical and projected), demand-supply gap analysis,
price point analysis, value chain, competitor analysis, drivers/challenges
and trends, relevant models showing the business strengths and
positioning, etc.
3. Business planning: through the analytical skill, the professional may
come up with business planning, it will cover the detailed market
scenario, operating model, regulatory aspects, pricing and margins basis
competition, supply chain model, fixed and variable expenses etc.
4. Commercial due diligence: Companies preparing for a transaction or
currently in an ongoing transaction need an analysis of the market and
competition, supply chain and validation of the future projections of the
business basis the management model, customer interviews, competition
and market assessment. Along with these analysis, they can provide a
reasonability assessment on the financial projections by the management
along with a detailed report, which can be used by investors and financial
institutions to formulate their view on the transaction.
5. Annual plan of operation:
This will including all preparation and targets to be achieved in the
coming year in light with budgetary plan. The professional may set
common top-down and bottom-up objectives to be achieve throughout the
year. To ensure the well implementation of annual plan the professional
may also come up with strategies of quarterly monitoring tracking the
implementation.
6. Landing an excellent deal
The advisory services also includes the Deal advisory aspect, the business
may constantly come across with the concept of offering or accepting a
deal. There comes point in every organization where they will need to
seize the opportunities to jump on crucial business with intention
expanding their business. The professional with knowledge of marketing
condition, potential in deal in light of benefit to the organization may
advise either to go for it or do certain modifications in it, suitable to
achieve desire success out of it.
There assistance is essential in every step for successful closure of deal.
For that they will be providing service such as
a. Strategy for better implementation ensuring desire output
b. Review of business plan
c. Research of marketing condition, trends, practice etc.
d. Targeting partners that will go for the deal, taking note of their
present professional needs
e. Negotiating the deal
f. Finalizing the MoU
g. Due diligence ensuring documentations, study reports etc.
h. Making available the pro’s and con’s of deal etc.
It is a common practice that every day business may come across with the offer
of deal putting them under a dilemma to accept or reject it. In this dicey
situation they may always go for crucial advise of professionals whose
responsibility with offer of deal is to
i. Determining the potential in deal
j. Studying the same and taking market tour, finding the similar
instances analyzing their results
k. Facilitating negotiation motivated with their business growth goal
l. Figuring out the solution suitable for both sides
m. Finally conveying their advise and closing the deal
7. Fund raising:
The required amount of funding for a business is as important as oxygen for an
asthama patient. The professional by connecting through financial institutions
such as banks, NBFCs private equity and venture capital funds lands significant
fund deal with well planned assesstment of finances.
3. REAL ESTATE
Real estate have always been the attractive place of for all stakeholder whether
in terms of investment, profession, or end users. The country underwent a
massive revoluntionary change in 2016 with the enactment of RERA.
It stands for the Real Estate (Regulation and Development) Act, 2016 that is in
commencment since 1st
May 2017, it is among such few legislation that have
achieved an effective implementation and making its enacting objective a reality
in a span of just four years. In exercise of the power granted under section 20
of the act, so far there are 21 out of 28 and 3 Union Territories such as Delhi,
Chandigarh, Pondecherry out of 8 UTs have set up fully functioning Real Estate
Regulatory Authority (RERA) to govern their respective territories.
This authorities are conferred with power to moniteer the real estate project of
the concerned states. For boosting transparancy and effectiveness the act
recognises certain procedural compliance and rights and duties of the key
players of RERA that is Allottees (buyers), Real Estate Agents and Real Estate
developers (Promoters/builders).
This requires a lot of due dilligence, procedural knowledge, Authorities
approval, engaements and extensive financial and investment knowledge that
provides exclusive opportunities for professionals/experts who can leverage
their knowledge in providing full package services in terms of consultancy,
compliance, representation, due dilligence, document vetting, drafting, approval
draft, project execution, investment plans, deal advisory etc. which in turn
accelerate the real estate sector’s development and consequently add to the
nation’s economy.
1. ROLE OF PROFESSIONALS UNDER RERA
The efficiency of RERA revolves around the prominent role plays by each
professionals whose service is utmost important. Among such professionals are
1. Architect
2. Engineer
3. Chartered Accountants
4. Real Estate Agent
5. Advocate
6. Consultant
Some professionals defines under act
Section 2 (h) "architect" means a person registered as an architect under the
provisions of the Architects Act, 1972
Section 2 (u) "engineer" means a person who possesses a bachelor's degree or
equivalent from an institution recognised by the All India Council of Technical
Education or any University or any institution recognised under a law or is
registered as an engineer under any law for the time being in force.
Section 56 (a) "chartered accountant" means a chartered accountant as defined
in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act,
1949 or any other law for the time being in force and who has obtained a
certificate of practice under sub-section (1) of section 6 of that Act
Section 56 (b) "company secretary" means a company secretary as defined in
clause (c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980
or any other law for the time being in force and who has obtained a certificate of
practice under sub-section (1) of section 6 of that Act;
Section 56 (c) "cost accountant" means a cost accountant as defined in clause
(b) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959
or any other law for the time being in force and who has obtained a certificate of
practice under sub-section (1) of section 6 of that Act;
Section 56 (d) "legal practitioner" means an advocate, vakil or an attorney of
any High Court, and includes a pleader in practice
A. Role of Architect:
An Architect has well-versed knowledge about buildings and their construction.
He understands the utility of the property in a very proper way and that is
always very important for the actual development of the property. An Architect
knows the typology and has thorough knowledge about the use of the typology
to be proposed and constructed.
With the quality of vision along with creativity and imagination, an Architect
can always guide the client or developer in the right direction.
The promoter seeking registration of the ongoing project has to obtain an
architect certificate, who after inspecting the site of the project certified certain
particulars which are:
- Percentage of Completion of Construction Work
- While inspecting he has look into factors such as:
o Excavation
o number of Basement(s) and Plinth
o number of Podiums
o Stilt Floor
o number of Slabs of Super Structure
o Internal Walls, Internal Plaster, Floorings within Flats/Premises,
Doors and Windows to each of the Flat/Premises.
o Sanitary Fittings within the Flat/Premises, Electrical Fittings within
the Flat/Premises. 8. Staircases, Lifts Wells and Lobbies at each
Floor level connecting Staircases and Lifts,Overhead and
Underground Water Tanks.
o The external plumbing and external plaster, elevation, completion
of terraces with waterproofing of the Building/Wing.
o Installation of lifts, water pumps, Fire Fighting Fittings and
Equipment as per CFO NOC, Electrical fittings to Common Areas,
electro, mechanical equipment, Compliance to conditions of
environment /CRZ NOC, Finishing to entrance lobby/s, plinth
protection, paving of areas appurtenant to Building/Wing,
Compound Wall and all other requirements as may be required to
obtain Occupation / Completion Certificate
o Internal and External Development Works in respect of the entire
Registered Phase
The architect shall certify that the physical condition at the site is built as per
the sanctioned plan which the promoter may use while seeking % of
withdrawals from the bank requiring to meet the cost of construction. The
project architect is also required to certify the certificate on completion of each
of the Building/Wing.
B. Role of Engineer:
Engineer:
It is well known that among other issues structural deficiency founded in the
construction was one of major concern of construction industry for the longest
however, in order avoid the situation the RERA 2016 has by taking note of it
introduced certain measures.
First being the engineer’s certificate which is mandatory to be submitted by the
promoter while seeking registration of the concerned real estate project. That
has to be in Form 2 as has been prescribed under Regulation 3 of MahaRERA
General Regulations, 2017. While certifying the same the engineer is required
to provide certain particulars such as
I. estimated cost of the completion to obtain
Occupation Certificate/ Completion Certificate, of
the Civil, MEP and Allied works, of the
Building(s) of the project
II. Cost incurred on the project so far
III. Total Estimated cost of the Internal and External ,
Development Works including amenities and
Facilities in the layout as on date of Registration
IV. Cost Incurred on Additional /Extra Items as on
registration date not included in the Estimated Cost
The other responsibility of engineer is to prove strcutural stability certificate.
Although the act has not mandatorily asked for it to connect it while registering
the project. However, states like Andhra Pradesh have specifically mentioned in
their rules to connect it while registering the project.
Under Andhra Pradesh RERA (Rule 3B (1) of APRERA Rules, 2017) among
other documents that are necessary to be submit by promoter in order to register
his real estate project, a Structural Stability Certificate duly issued by Certified
Structural Consultant/Engineer along with the details of parameters followed for
verification of structural stability is also a requirement.
Format of Structural Stability Certificate
STRUCTURAL STABILITY CERTIFICATE
Name of the Promoter (individual /Firm):
………………………………………………………………..
Project Name:
……………………………………………………………………………………
……………………..
Location of the Project:………………………….. Survey
no:………………………………. Locality:…………………………………
Village/City :……………………………………………………………..
Mandal :…………………………………..District:
………………………………………………………...........
Total No. of
Floors……………………………………………………………………………
………………………..
(Eg. Roofed cellar+ Stilt+ Ground+ Upper Floors)
(Residential/Mixed
Development/Commercial)…………………………..…………..Apartment
Belongs
to…………………………………………………………………………………
……………………………….
Sl.No Items Parameters/Standards/Relevant Codes
1 Concrete
2 Steel
3 Soil
4 Foundations
5 Others
Soil Test Report
By…………………………………………………………………………………
…… Pvt Ltd.
I/We declare that …………………………………………………the structure
design provided are safe and stable to the best of my knowledge
Signature of Structural Engineer
Quality assurance:
An Engineer who supervises the work appointed by Promoter in order to ensure
the quality of the materials being used on the project have to prepare Certificate
for Quality Assurance A format for this purpose has been proposed and
designated as Form-2A. All the real estate projects registered
after 01.12.2018 with MahaRERA are required to submit quarterly information
in Form 2A. The Form 2A shall be uploaded by the end of every financial
quarter.
The consumers will also get benefited from these certifications as they will
receive a “quality certificate” of the constructions made under these registered
projects.
In nutshell the promoter has to request an engineer who will supervise the work
and quality of construction material and will submit the quality certificate as
under Form 2A and by this the entire process will become transparent and
everyone will be assured of quality of the projects and the buyer can raise
objections as and when required if the material differs.
Certificate required for withdrawal:
As section 4(2)(l)(D) requires promoters shall obtain from these 3 professional’s
that is Engineer, Architect and Chartered Accountant’s certificates from time to
time to withdraw the money from the scheduled Bank maintaining sepearate
Account of project based on % of development of the project. The engineer has
certify that the items shown in the cost of construction is matching to the
physical condition at the site of the real estate project.
C. Role of chartered accountant
Like the above two professionals the chartered accountant is also required to
give promoter certificate (Form 3 reg. 3 of MahaRERA General Regulations,
2017) which he will needing to fufill the registration requirements. The said
certificate is also necessary for seeking withdrawals from separate account
maintained by builder in scheduled bank containing 70% amount realised from
allottees towards real estate project.
The content of certificate will include belwo particulars:
A. Land cost
b. Acquisition Cost of Land or Development Rights, lease
Premium, lease rent, interest cost incurred or payable on
Land Cost and legal cost.
c. Amount of Premium payable to obtain development rights,
FSI, additional FSI, fungible area, and any other incentive
under DCR from Local Authority or State Government or
any Statutory Authority.
d. Acquisition cost of TDR (if any)
e. Amounts payable to State Government or competent
authority or any other statutory authority of the State or
Central Government, towards stamp duty, transfer charges,
registration fees etc ; and
f. Land Premium payable as per annual statement of rates
(ASR) for redevelopment of land owned by public
authorities.
g. Under Rehabilitation Scheme :
I. Estimated construction cost of rehab building
including site development and infrastructure for
the same as certified by Engineer.
II. Actual Cost of construction of rehab building
incurred as per the books of accounts as verified by
the CA.
III. Cost towards clearance of land of all or any
encumbrances including cost of removal of
legal/illegal occupants, cost for providing
temporary transit accommodation or rent in lieu of
Transit Accommodation, overhead cost,
IV. Cost of ASR linked premium, fees, charges and
security deposits or maintenance deposit, or any
amount whatsoever payable to any authorities
towards and in project of rehabilitation
B. Development Cost/ Cost of Construction :
a.
(i) Estimated Cost of Construction as certified by
Engineer.
(ii) Actual Cost of construction incurred as per the books
of accounts as verified by the CA.
(iii) On-site expenditure for development of entire project
excluding cost of construction as per (i) or (ii) above, i.e.
salaries, consultants fees, site overheads, development
works, cost of services (including water, electricity,
sewerage, drainage, layout roads etc.), cost of
machineries and equipment including its hire and
maintenance costs, consumables etc. All costs directly
incurred to complete the construction of the entire phase
of the project registered.
b. Payment of Taxes, cess, fees, charges, premiums,
interest etc. to any statutory Authority.
c. Principal sum and interest payable to financial
institutions, scheduled banks, non-banking financial
institution (NBFC) or money lenders on construction
funding or money borrowed for construction
2. Total Estimated Cost of the Real Estate Project [1(i) +
1(ii)] of Estimated Column.
3. Total Cost Incurred of the Real Estate Project [1(i) +
1(ii)] of Incurred Column.
4. % completion of Construction Work % (as per Project
Architect’s Certificate)
5. Proportion of the Cost incurred on Land Cost and
____________% Construction Cost to the Total
Estimated Cost. ( 3/2 %)
6. Amount Which can be withdrawn from the Designated
Account
7. Amount withdrawn till date of this certificate as per the
Books of Accounts and Bank Statement.
8. Net Amount which can be withdrawn from the
Designated Bank Account under this certificate.
Addtionally the chartered accountant is given with the responsibility to audit the
designated account in the schedule bank within six months at the end of every
financial years. While doing so he has to submit a statutory audit report as
prescribed under Regulation 4 of MahaRERA General Regulations, 2017 read
with second provision of section 4 (2) (l) (D) of RERA. Wherein he is required
to certify that the amount withdrawn has been utilized for project only for that
project and the withdrawal from the designated bank account(s) of the said
project has been in accordance with the proportion to the percentage of
completion of the project.
D. Role of Real Estate Agents:
The Real Estate Agent is one of key player in the real estate industry, whose
prime responsibility revolve around arranging real estate transactions, putting
buyers and sellers together and acting as their representative in negotiations.
The RERA 2016 requires the registration of this professional before they could
provided their services such as
- Facilitating the sale or purchase of or act on behalf of any person to
facilitate the sale or purchase of any plot, apartment or building, as the
case may be, in a real estate project or part of it
Registration of Real Estate Agents:
The Real Estate Agents willing provide service under the act has to make online
application to the concerned RERA under sub section (2) of section (9) based
on which the authority may either grant registration or may reject the
application if it doesn’t comply with provision. The manner of application,
grant of registration or rejection of application has to be studied with different
rules and regulation provided by concerned authority in addtion to the provision
of section 9 and 10 of the act.
For instance chapter III of MahaRERA Registraition rules provides provision of
registration of real estate agents:
As per rule 11 the real estate agent has took make application in form ‘G”
prescribed under the rules, and has to accompained belwo details:
(a) brief details of his enterprise including its name, registered address of place
of business, type of enterprise (proprietorship firm, societies, partnership,
company etc.); Registration numbers, PAN, Aadhar Card No, DIN, as the case
may be, under which returns are required to be filed with statutory authority;
(b) particulars of registration obtained under other laws, and rules and
regulations, as the case may be, along with the authenticated copy of partnership
deeds, memorandum of association, articles of association, etc.;
(c) recent colour photographs of the real estate agent, if an individual and of all
the partners, directors, trustees, etc. including persons in service or assigned
work expected on a real estate agent, in case of other entities;
(d) income-tax returns for last three financial years preceding the application or
in case the applicant was exempted from filing returns in any of the three year
preceding the application, a declaration to such effect;
(e) authenticated copy of the proof of address of the principal place of business,
number of branch offices if any along with contact details including Telephone
Numbers, Fax Numbers and email address; and
(f) details (if any) of all real estate projects and their promoters on whose
behalf he has acted as real estate agent in preceding five years;
(g) details of all civil or criminal cases pending against him if an individual or
any of the partners, directors, trustees etc. in case of other entities;
(h) authenticated copies of all letter heads; rubber stamp images,
acknowledgement receipts proposed to be used by the real estate agent;
(i) such other information and documents, as may be specified by regulations.
Fees of registration:
(i) A sum of rupees ten thousand, in case of applicant being an individual; and
(ii) rupees one lakh, in case of the applicant being other than an individual.
Upon making application the concerned applicant has to wait for 30 days after
wards the concerned authority may grant registration certificate in form “H” and
if it to be rejected it will be intimated in form “I”.
Renewal of registration:
A real estate agent to whom registration has been granted under section 9 may,
make an application for renewal of his registration, at least sixty days prior to
the expiry of the registration. The application shall be in Form 'J'. In case of
renewal of registration, the authority shall inform the real estate agent about the
same in Form 'K’ and in case of rejection of the application for renewal of
registration the authority, shall inform the real estate agent in Form ‘I’.
Obligations of registered real estate agents. –
(1) Every registered real estate agent shall prominently display number of his
Registration Certificate at the principal place of business and at its branch
offices.
(2) Every registered real estate agent shall quote his number of their registration
all the documents relating to advertisement, marketing, selling or purchase
issued by the real estate agent along with the number of registration certificate
of the real estate project.
Functions under section 10 :
(a) not facilitate the sale or purchase of any plot, apartment or building, as
the case may be, in a real estate project or part of it, being sold by the
promoter in any planning area, which is not registered with the Authority;
(b)maintain and preserve such books of account, records and documents as
may prescribed;
(c) not involve himself in any unfair trade practices, namely:—
(i) the practice of making any statement, whether orally or in writing or
by visible representation which—
(A) falsely represents that the services are of a particular standard or
grade;
(B) represents that the promoter or himself has approval or affiliation
which such promoter or himself does not have;
(C) makes a false or misleading representation concerning the services;
(ii) permitting the publication of any advertisement whether in any
newspaper or otherwise of services that are not intended to be offered.
(d) facilitate the possession of all the information and documents, as the
allottee, is entitled to, at the time of booking of any plot, apartment or
building, as the case may be;
accountability of Real estate agent under the act:
 Section 62. If any real estate agent fails to comply with or contravenes
the provisions of section 9 or section 10, he shall be liable to a penalty of
ten thousand rupees for every day during which such default continues,
which may cumulatively extend up to five per cent. of the cost of plot,
apartment or buildings, as the case may be, of the real estate project, for
which the sale or purchase has been facilitated as determined by the
Authority.
 Section 65. If any real estate agent, who fails to comply with, or
contravenes any of the orders or directions of the Authority, he shall be
liable to a penalty for every day during which such default continues,
which may cumulatively extend up to five per cent., of the estimated cost
of plot, apartment or building, as the case may be, of the real estate
project, for which the sale or purchase has been facilitated and as
determined by the Authority.
 Section 66. If any real estate agent, who fails to comply with, or
contravenes any of the orders, decisions or directions of the Appellate
Tribunal, he shall be punishable with imprisonment for a term which may
extend up to one year or with fine for every day during which such
default continues, which may cumulatively extend up to ten per cent. of
the estimated cost of plot, apartment or building, as the case may be, of
the real estate project, for which the sale or purchase has been facilitated,
or with both.
E. Role of Advocate:
While the legally represent the client is by default will remain professional
requirement from advocate, there are much more opportunties provided under
RERA.
An advocate may advise their client on
a. Advice on Joint venture development
b. Advice on township development
c. Real estate promotion and development
d. Preparing lease and sale deed drafts
e. Advice and legal documentation of property buying/selling/lease
f. Tenant-landlord issues
g. Land use regulations
h. Finance and mortgage agreements
i. Building, development and construction contracts
j. House tax disputes
k. Project and retail property transactions
l. Land Use Regulations
m. Mortgage and Finance Agreements
n. Building, Development and Construction Contracts
o. Other Tax disputes (GST and other)
p. Projects and retail property transactions.
Paperwork vetting by the lawyer:
a. Enlightens the buyer about the property history / third party
interfering (if any)
b. Acquires complete details of the original owner and previous
owners
c. Checks for the rights of easements involved and the minor’s
rights (if any)
d. Checks for the Encumbrances (if any)
e. Current property status / encroachments on the property
f. Checks for the property revenue records such as Patta /
Khata / Tax records
g. Checks for property disputes / court involvements /
pathways disputes / violations on the property
Opportunities to be appointed as Judicial Member of REAT:
an advocate for at least twenty years with experience in dealing with real estate
matters is eligible to be appointed as the Judicial member of the Real Estate
Appellate Tribunal
F. Consultancy opportunities:
Any person possession sound knowledge of real estate, regulatory procedures,
finance, investments belonging to any profession ranging from finance, law,
taxation, accountancy, advisory, buisness management may provide their
professional excellency serivce in the form of RERA consultant. There are
several factors involves that requires consultancy where such eligible may seek
opportunities:
a. Project fund planning before registration
 Source of intial funding
 Expected customer collections
 Cost of land plus intial promotion
b. Review of advertising brochure
 False/non-realistic statement or data attracts rejection of
application
 Interest plus penalty
 Bad track record for the future
c. Project registration with authority
 Complete online process
 Required document and information
 Seeking necessary approval from competent local authority in
nature of commencement certificate, IOD, NOC from various
departments etc.
List of documents List of Authorities
1. ownership certificate/Extract
2. Non-agriculture permission
a. The Revenue Department
https://rfd.maharashtra.gov.in/en
3. Building layout approval document
(the person may seek information
regarding the site inspection from the
Building Proposal Office of
b. The Development Authority/
or the local Municipal
Authority (in case of Mumbai
district this may be obtained
Municipal Corporation)
4. structural engineer approved
structural plans submitted by the
promoter
5. Occupancy certificate/ Building
Completion Certificate
from Bombay Municipal
Corporation
https://portal.mcgm.gov.in/irj/
portal/anonymous )
c. intimation of disapproval" (building
permit)- the IOD requires NOCs from
various government authorities and
the Final clearance to build
(Commencement Certificate) will
only be given once the company
obtains all NOCs and meet all IOD
conditions.
d. Commencement certificate
e. The Building Proposal Office
https://autodcr.mcgm.gov.in/bpa
msclient2/Login.aspx
6. NOC from Tree Authority f. Tree Authority Committee/
Water and Drain Department/
Sewage Department/
Electrical Department/ Traffic
and Co-ordination department/
Chief Fire Officer under
Municipal Corporation
https://portal.mcgm.gov.in/irj/
portal/anonymous
7. The Environmental clearance g. The Ministry of Environment,
Forest and Climate Change /
the State Environment Impact
Assessment Authority
(SEIAA)/ State level expert
Appraisal
Committeehttp://environmentc
learance.nic.in/
8. The Ancient Monument Approval h. The Archeological survey of
Indiahttp://asiegov.gov.in/
9. The Establishment consent i. The Pollution control board
https://mpcb.gov.in/node
10.NOC by Airport Authority of India j. The Civil Aviation
Departmenthttps://www.civilaviat
ion.gov.in/
11.Borewell registration certificate k. The Central Ground Water
Authorityhttp://cgwa-
noc.gov.in/LandingPage/index
.htm
12.NOC if project near the costal area l. The Coastal Zone
Management
Authorityhttps://mczma.gov.in
/
13.The Lift Escalator Installation
Approval
14.The Public Work
Departmenthttps://pwd.maharasht
ra.gov.in/
d. Project fund moniteering
 Trace the project funds
 How much is cost incurred?
 How to take effect of cancellation and refund?
 Hwo much fund will be required to complete the project?
 Single or project wise multiple accoutns?
 Books of accounts to be desinged in way that will answer all this
questions
e. Deposit of 70% funds
 Amounts realised from the allottees towards real estate projects
that is deposited in separate account maintained under schedule
bank
 Withdrawal reason should be pertaining to land cost and
construction cost only
 In proportion ot % completion of project
f. Certificate for withdrawals of funds
 Certificates to be collected from professionals such as project
architect, engineer, chartered accountant in practice.
 In proportion to % completion beofre the withdrawal is made
 Advise on such certificates such as
- Maximum amount that can be withdrawn
- Method of determining the % of withdrawal for completion of project till
date
g. Audit
 Statutory requirement of audit certificate from chartered accoutant
within 6 months from close of financial year
 CA to give certificate over
- Amount collected for the project have been utilised for the same project
- Withdrawal has been in complaince with the proportion to the % of
completion of the project
h. Routine compliance work
 Updating the authority time to time as per the act and rules, regulations
made thereunder by the concerned authority
 Response to any clarification ask from authority
 Supervising the book of accounts
 Overall moniteering the activities and ensuring same within the
framework of procedure
i. Appearance before authority/tribunal
 Guiding or assisting in case litigation invovles
 Legally represent client in the capacity of CA/CA,CMA or Advocate
G. Professionals eligibile for legal representation:
The act under section 56 allows the aggrived person to be representated by any
of the below mentioned professionals:
q. Chartered accoutant
r. Company secretary
s. Cost accountant
t. Legal practitioner / advocate
The Real Estate Regulatory Authority that is estabished under section 20 (1) of
the Real Estate (Regulation and Devlopment) Act, 2016 which is effective since
1st
May 2017 is a fascinating field for this non-advocate professional in
additional to lawyers to impart their expertise in order to assist Promoters as
well as the Real Estate Agents and allottees. The act also provides for the
establishment of the Real Estate Appellate Tribunal under section 43. The state
government by invoking section 20 (1) and 43 established State Real Estate
Regulatory Authorities and consequently the State Real Estate Appellate
Tribunal respectively.
Following are the opportunities provided under the Act to Chartered
Accountants, Cost and Management Accountants, Advocates and Company
Secretaries:
A. To present the case before the Appellate Tribunal or the
Regulatory Authority or the adjudicating officer;
B. Drafting of Reply to show cause notice; appeal etc.;
C. Assisting client in respect of filing of application for
registration under the Act;
D. Preparing up-to-date list regarding number and types of
apartments or plots, garages booked;
E. Assisting client in taking approvals which are pending
subsequent to commencement certificate;
F. Assisting client in obtaining completion certificate or the
occupancy certificate;
G. Assisting client in obtaining the lease certificate and any
other certificates as and when required;
H. Assisting client in preparing various documents, agreement
and deed from time to time;
I. Help in maintaining web page and providing information
as are required to be mentioned on that web page;
J. Providing consultancy/opinion with respect to various
transaction under RERA and other laws;
K. Provide assistance with regard to any other information
and documents as may be demanded by the Authority;
Valuation of projects under RERA.
Duties of professionals legally representing their client:
The professionals engaged as legal representatives by the parties to the
complaint should make aware of all their rights and duties throughout the
proceedings. To expedite the proceedings, an urgent precipe may be moved,
also producing all the relevant documentation may avoid the unnecessary
postponing of the hearing for reason want of production of same.
The representative should responsibly serve necessary documents upon the
other and take acknowledgment without fail so the practice of seeking
additional time for serving the necessary copies be prevented, which can
certainly fasten the hearing process.
The legal representative along with the complainant should take an active role
in convincing the presiding members of facts and claim completely, certain
landmark judgments may be taken as support to strengthen the relief ask for.
This appointed legal representative is permitted to appear before all of the
below-listed forums as consented by the concerned party:
a. before the Adjudicating Authorities under RERA in the process of
complaint
b. before the Real Estate Appellate Tribunal
c. before the Conciliation and Dispute Resolution Forum
d. before any other competent authority for any other purpose under the
Real Estate (Regulation and Development) Act, 2016.
When representative the party in court or any quasi judicial forum every person
whether or not from a legal professional background must pledge to their client
the following:
a. that he shall protect client’s confidentiality
b. that he will conduct proper study of law and provide expert advice
c. protecting the best interest of their clinet and not conduct or do any act
that will certainly jeopardize his client interest
d. follow the procedural rules, maitain discipline and adhere to the law,
ethics etc.
e. to approach appropriate method that will help in deciding their client
matter on merits
Since the process of seeking relief may involve a lot of stages and approaching
different forums, it advisable to keep the constant representatives like the person
who has witnessed the matter from the very start is well familiar with the in and
out of the matter, therefore it certainly helps in better representation before
further forums.
The representative should always seek the best interest of the party they are
appearing for. Since the act permits several non-legal professionals to appear in
proceedings, such a legal representative can inculcate the art of advocacy. There
is always a chance of improvisation. The legal representative must be polite,
non-insultive and most importantly they should be prepared with facts, active in
filing replies, submission, should possess the knowledge of relevant decisions
favoring their clients' case, and lastly, they should focus on how the proceeding
be concluded without seeking less adjournment at the same time they should be
attentive that the opponent or their representative may not seek unnecessary
adjournments.
The complainant has a right to ask for interim relief pending the final
adjudication of the matter for instance if the complaint involves the
compensation for delay in delivery of possession on part of the promoter, then
the allottee may seek an interim relief of immediate possession of concerning
apartments. The power of issuing interim orders is given under section 36 of the
act.
Further, the rules enacted by the respective state RERA contained the whole
procedure of deciding the complaint by the authority. For instance MahaRERA
under rule 6 of the Maharashtra Real Estate (Regulation and Development)
(Recovery of Interest, Penalty, Compensation, Fine payable, Forms of
Complaints and Appeal, etc.) Rules, 2017 provides a detailed procedure and
manner to be effectuated when deciding a complaint by authority.
A detailed description of such a procedure is provided below:
a. RERA upon receipt of complaint application issues notices to the
concerned opposite party (respondent) along with the detailed
particulars of the alleged contravention and documents. Such notice
has contained the details of the time and date of hearing fixed by the
authority.
b. On the day of hearing the authority introduced the respondent with the
alleged contravention made under the act, rules, and regulations made
thereunder.
Certain possibilities may occure
1. Either the respondent plead guilty – in such case the authority
passed the necessary order after recording the plea and imposed
relevant penalty
2. Or the repsondent does not plead guilty- in such case the authority
demand explaination from the respondent and hearing may
continued for the purpose adjudication
c. Upon the justification by the respondent the authority is of the view
that no inquiry into the facts required it altogether dismiss the
complaint
d. However if in view of authority inquiry is to be made, the next hearing
is to arrange wherein demand of production of documents and
necessary evidence be made
e. After a thorough analysis of facts, submissions, rejoinders, supporting
evidence, the authority come to conclusion and either find the
respondent guilty or not guilty under the alleged contravention, and
pass the final order accordingly
f. The authority even have the power to make ex parte order in the event
when respondent absent in the proceedings
g. The same procedure is to follow by the Adjudicating officer in
deciding the application for claim of compensation
h. Since the act under section 29 cast an obligation on part of the
authority to dispose of the question come up before it in an
expeditious manner that is within sixty days of the complaint, it
certainly motivates for the fast track redressal of dispute.
Dress and Discipline
The RERA of every state have provided the Rules and Regulations provision of
which more or less is same. From the procedural conduct point of view let’s
take a look at the Maharashtra Real Estate Appellate Tribunal Regulations, 2019
The Maharashtra Real Estate Appellate Tribunal by invoking power under
section 53(2) of the Real Estate (Regulations and Development) Act, 2016 have
made this regulation with the intent to regulate its own practice and procedure.
Under chapter IV of the Regulation, the Regulation 5 requires the legal
representative if they have been prescribed a dress for appearing in their
professional capacity before any Court, Tribunal or Appellate Tribunal or other
such authority, may at their option, wear the same dress.
PROCESS OF APPEAL:
The Real Estate Appellate Tribunal established Chapter VII of RERA
particularly section 43(1) are conferred with power decide an appeal against the
order passed by RERA or an Adjudicating Authority. Sub section 5 of section
43 mandate that such appeal must be made within 60 days from the reciept of
impugned order, however in the event when the appeal is moved by the
promoter, it is an obligation upon him to deposite atleast 30% of the penalty
including compensation that were imposed upon him. The process of filling an
appeal is almost same to the filling of original complaint, since by that time the
concerned is well knowledged with the practical conduct of the forum, he may
make best possible use of it. The aggrived party must enclosed the imugned
order which is to be challenged in the appeal with a precise point contesting the
order/decision of the authority and stating why it is not justified.
However if the person is not satisfied with the order of appellate tribunal he
may proceed with another appeal in next higher authority which is the High
Court under section 58 of RERA. Such appeal has to be made within 60 days.
Chapter VI of the Regulation provides for the presentation of proceedings
Regulation 9: Presentation of Proceedings
i. All appeals to be instituted with the Tribunal shall be presented online in
‘Form C’ as prescribed.
ii. Every appeal shall be accompanied by an appeal fee of Rs. 5000/- (Rupees
Five Thousand) payable only online.
iii. The hard copy of such appeals along with attachments shall be presented to
the Office of the Registrar to the authorised person within seven (7) days
from the date of online filing. On failure to submit hard copies within time,
such appeals shall be notified by the Registry for dismissal for want of hard
copies.
iv. All other proceedings with attachments, if any, shall be instituted in the
Office of the Registrar till the online system is in place.
v. All proceedings to be presented to the Tribunal shall be in English and in
case it is in some other language, it shall be accompanied by a true
translation of the same in English and shall be legible, type-written or
printed in double spacing with proper margin, duly paginated, indexed and
stitched together in paper book form and shall be presented in triplicate.
vi. The authorised official, on receipt of proceedings as per (ii), (iii) and (iv)
above, shall affix the date and seal of the Tribunal on all pages under his
initials and thereafter shall on the same day send to the Registrar.
vii.Court fee stamps affixed on Vakalatnama, Letter of Authorisation and the
documents shall be checked and entered after due cancellation in the Court
Fee Register to be maintained as per the procedure.
viii. In case of delay, if the last day of filing appeal falls on a holiday, that day
and succeeding holidays shall be excluded for the purpose of reckoning the
period of limitation. Appeal should be presented on the next working day
succeeding the holidays from the last date of limitation.
ix. On examination of appeals, if the Registrar finds the same in order he shall
seek appropriate orders for allotment of appeal.
Regulation 10. Documents to accompany Memorandum of Appeal
i. Memorandum of Appeal with attachments with adequate number of
copies to be served on respondents;
ii. If appeal is presented through an Advocate, necessary Vakalatnama
duly attested with necessary court fee stamp and Advocate Welfare
Fund Stamp if applicable. Vakalatnama shall contain the address of
the advocate with Enrollment Number, email ID, Mobile Number etc.
for proper communication;
iii. In the event a proceeding is filed by an authorised representative,
chartered accountant, cost accountant or company secretary as
provided in Section 56 of the Act, Power of Attorney or authority
letter in original;
iv. Certified copy of impugned order; v. All the documents shall be
produced along with the list of documents (Form B);
v. An application for condonation of delay when appeal is presented after
expiry of period of limitation;
vi. Other documents, if any in accordance with the law and rules framed
thereunder.
Furhter chapter IX of the Regulation providing for the mandate of Hearing
appeal before the tribunal required that the the document which are not
previously relied in complaint before the RERA shall not be produced at the
time of filling the appeal unless an application for filling additional document or
evidence, the same has to be considered by the appellate tribunal which also
required to give proper opportunity to the other side. The act mandate a time
limit of 60 days upon the tribunal to dispose the appeal [section 44(5)]
Since all the appeal u/s 44 of the act to be filed before the Maharashtra Real
Estate Appellate tribunal, to be in form c contained under the Regulation. For
the ready referecne the format is given below:
FORM C
APPEAL TO APPELLATE TRIBUNAL Appeal under Section 44
For use of Appellate Tribunal's office:
Date of filing: ______________________
Date of receipt by post: ______________________
Registration No.: ______________________
Signature: ________________________
Authorized Officer: ________________________
IN THE MAHARASHTRA REAL ESTATE APPELLATE TRIBUNAL
(Name of place)
Between
______________________ Appellant(s)
And
______________________ Respondent(s)
Details of appeal:
1) Particulars of the appellants:
i. Name of the appellant:
ii. Address of the existing office / residence of the appellant:
iii. Address for service of all notices:
iv. Contact Details (Phone number, e-mail, Fax Number etc.):
2) Particulars of the respondents:
i) Name(s) of respondent:
ii) Office address of the respondent:
iii) Address for service of all notices:
iv) Contact Details (Phone number, e-mail, Fax Number etc.):
3) a) Jurisdiction of the Appellate Tribunal: The appellant declares that the
subject matter of the appeal falls within the jurisdiction of the Appellate
Tribunal.
b) Project Registration No:
4) Limitation:
The appellant declares that the appeal is within the limitation specified in
subsection (2) of section 44
OR
If the appeal is filed after the expiry of the limitation period specified under
subsection (2) of section 44 specify reasons for delay
_______________________________________________________________
5) Facts of the case:
(give a concise statement of facts and grounds of appeal against the specific
order of the Authority or the adjudicating officer, as the case may be passed
under section(s) _______________________________________ of the Act.
6) Grounds of Appeal:
7) Relief(s) sought: In view of the facts mentioned in paragraph 5 above, the
appellant prays for the following relief(s)
________________________________________________. [Specify below the
relief(s) sought explaining the grounds of relief(s) and the legal provisions (if
any) relied upon]
8) Interim order, if prayed for: Pending final decision on the appeal, the
appellant seeks issue of the following interim order:- [Give here the nature of
the interim order prayed for with reasons]
9) Matter not pending with any other court, etc.:
The appellant further declares that the matter regarding which this appeal has
been made, is not pending before any court of law or any other authority or any
other Tribunal(s).
10) Particulars of the fee in terms of sub-rule A(1) of rule 9:
i. Amount
ii. Mode
11) List of enclosures:
i) An attested true copy of the order against which the appeal is filed
ii) Copies of the documents relied upon by the appellant and referred to in the
appeal
iii) An index of the documents
Verification
I_________________________________ (name in full block letters) son /
daughter of _____________________ the appellant do hereby verify that the
contents of paragraphs (1 to 10) are true to my personal knowledge and belief
and that I have not suppressed any material fact(s).
Place:
Date:
Signature of the Appellant(s)
PROCEDURE OF CONCILIATION IN RERA MATTERS
The RERA is one such legislation which along with providing the transparency
in the real estate transaction have sufficiently given boost the amicable solution
of dispute. The State Real Estate Regulatory Authority under section 32 of the
act have entrusted with a duty to faciliate measures to promote the conciliation
of disputes between promoters and the allottees. It is in exercise of such power
contained under section 32 (g) the State RERA have provided a conciliation
forums however only Disputes between promoters and allotees which are under
purview of Real Estate (Development and Regulation) Act 2016, Rules and
Regulations made thereunder shall be admissible by the Forum.
Nonethless this have opened yet another opportuntiy door for the professionals
eligible to legally represent their client can appear before such conciliation
forum.
The Maharashtra Real Estate Regulatory Authority (MahaRERA) being one of
the active amongst rest of State RERA have vide circular no. 15/2018 dated 29th
August 2018 established the conciliation forum to exercise the function
assigned under section 32(g) of the Act.
The procedural conduct of the Conciliation Forum is given as below:
a) Once the complaints are referred to Conciliation Forum by MahaRERA, the
office bearers of the Conciliation Forum should first scrutinize the seniority of
the said complaints and thereafter keeping its seniority intact, assign/distribute
those complaints to the concerned functional Conciliation Benches. The
assignment of not more than 10 complaints can be done at the initial stage.
b) Once the matters are assigned to the bench, the concerned Conciliation bench
shall issue notice of first hearing to the parties within a period of one week from
the date of receipt of such assignment and the first hearing on such complaints
should be conducted at least within 15 days. Only after disposal of the assigned
complaints, next lot of 10 complaints can be assigned to the conciliation bench.
c) In referred conciliation complaints all parties will be at_liberty to be
represented through advocates / authorized representatives [CA, CA or CMA],
before the Conciliation Forum.
d) In the referred conciliation matters, if the parties arrive at any mutual
agreement, in that event, the concerned Bench should record the said
proceeding in the Roznama and should refer such complaints to MahaRERA
within a period of one week together duly with signed conciliation terms. After
placing such matters before the MahaRERA and only after passing final order
by MahaRERA, the said complaint will be treated as closed/finally disposed of.
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Soft skills, social media use & opportunities

  • 1. DEVELOP SOFT SKILLS , USE SOCIAL MEDIA, BE PROFESSIONAL SPEAKER, & EXPLORE OPPORTUNITIES IN NON TRADITIONAL AREAS
  • 2. About the Author: CA (Dr.) Adukia left no stone unturned during his career span expanding to more than 39 years. Having graduated from Sydenham College of Commerce & Economics in 1980 as 5th rank holder in Bombay University and he has also received a Gold Medal for highest marks in Accountancy & Auditing. He cleared the Chartered Accountancy Examination with 1st Rank in Intermediate and 6th Rank in Final. He also secured 3rd Rank in the Final Cost Accountancy Course. He has been awarded G.P. Kapadia prize for best student of the year 1981. He also holds a Degree in law, PhD in Corporate Governance in Mutual Funds, MBA, Diploma in IFRS (UK), and Diploma in Labour law and Labour welfare, Diploma in IPR, Diploma in Criminology. His mantra is to provide services to clients that help them in building better and sustainable businesses. He is a knowledge seeker and believes that knowledge needs to be ingrained and used for the benefit of society at large.
  • 3. YOUR COLLEAGUE AVAILABLE FOR YOUR ASSISTANCE Dear esteemed colleagues, It is no surprise that we chartered accountant play a prominent role in building India’s economy by assisting government in every move they take in policy reforms. Recently we mark the 75th anniversary of our nation and the day is not far when we will celebrating hundred years of freedom. I believe that we can choose as to what kind of celebration we want to make markingthe hundreds years of freedom, and certainly I choose to make India as the leading economy in world. Being adherent of sharing knowledge and using our expertise for the benefit of society at large, I urge you all students, professionals to join hands in the mission of “transforming INDIA by transforming profession”by contributing our services in all levels of economic activities and take the nation’s economy to new heights. You will get access to my books on below given links: Professional opportunities books https://drive.google.com/drive/folders/1RzED5- 821FiwGauXMp0vknyfTOFWWpea?usp=sharing & How to be super professional successful https://www.slideshare.net/RajkumarAdukia/how-to-be-supper-super- professional-successful-249996246 I strongly believe that one must expand their professional reach and seek new opportunities by going beyond their traditional areas of practice. The new policy
  • 4. reforms initiated by government through 53 ministries working at central level in all 28 states and 8 union territories, brings us a goldmine of opportunities, where we chartered accountant do miracle by using our expert technical and procedural knowledge and add up to the ease of doing business by mentoring or guiding the budding entrepreneurs, professionals, individuals making them as job giver rather job seeker and ultimately building strong economy. We shall make maximum use of technologies and social media, we are already heavily reliant on the technologies and the younger generation is by default growing in the world surrounded by innovation, we can definetly use this advantage to reinvent our expertise. It is our responsibility as professionals to be drivers for change and evolution in our organisations and the traditional areas of practice like audit, direct and indirect taxationshould become a by-product. No matter what carreer stage you are whether a student, a fresher or settled in professional practice I believe we all can contribute and drive the growth of nation. MENTORING STUDENTS & YOUR OFFICE TEAM MEBERS I would love to assist you all student, CA, CA Firms, every team member of your firm, as a mentor and growth coach by using all of my knowledge and research of past four decades years for your exponential growth and providing you with consistent opportunities to grow. You are welcome and can connect to me as mentees on drrajkumaradukia@gmail.com or 9820061949. MENTORING MEMBER, PARTNERS & TEAM MEMBERS I am very passionate from the time of beginning of professional practice and been vocal about expanding our professional reach to serve better and not settle for less by going beyond the traditional areas of practicing our skills. With the belief of knowledge/expertise sharing to inspire others in their growth expansion both personal and professional, I would like you to mentor you for your growth expansion.
  • 5. MENTORING FOR PERSONAL & PROFESSIONAL GROWTH, WRITING BOOKS, BECOMING SPEAKERS I would love to assist you all as a mentor and growth coach by using all of my knowledge and research of past four decades years for your exponential growth and providing you with consistent opportunities to grow. So whatever is your passion whether it be writing a book, executing innovative ideas into a start-up, expansion your buisness, or exploring new opportunities in your profession by going beyond the traditional areas of practice, you are welcome and can connect with me at drrajkumaradukia@gmail.com or 9820061049. I have also volunteer to make revolutionary changes in CA profession by contesting the upcoming Central Council Election of the ICAI scheduled on 3rd and 4th December, 2021. I will be representing for Western Constituency. For this I humbly pray for your first / best preference vote to see miracle happening at national level - in the process each one will be benefited. GIVE MAXIMUM PREFERENCES We need to elect 11 members for regional council and 22 members for central council . we laso have single transferable vote. By giving maximum prefernces we select best candidates in preferential systm of voting . vote for those who can transform profession as per requirement of new economy. MENTORING FOR WRITING BOOKS, BECOMING SPEAKERS I would like to mentor those who are interested in writing books, become speaker etc The CA profession needs 360 degree change. We can do miracles by contributing to policies of all 53 ministries , 28 states & 8 union territories. In
  • 6. my opinion this is the job of council and recent times it is urgent necessity. Pl vote for members who can perform this role. At this juncture I am putting my brief profile description as under:  Professional experience: 1. Best chairman of the year 1997-98, history of activities of western region was rewritten 2. Headed almost all committees at central level- firebrand leader and worker 3. Year 2008 as a chairman of professional development committee wrote to all central ministries- How CAs can provide services in different areas and visited them 4. Contributed maximum publication in history of ICAI as council member 5. Council member between 1998-2016 6. IFRA selected on individual merit as Asia representative for 2016-18 on SME committee 7. Addressed various international conferences 8. Part of IFAC public accountants in business committee in 2004-2008 9. Instrumental in starting various certificate courses such as Arbitration, Internal Audit, Concurrent Audit, ERM  Education: 1. Graduated from Sydenham College of Commerce &Economics in1980 as the 5th rank holder in Bombay University also received aGold Medal for highest marks in Accountancy & Auditing 2. Cleared the Chartered Accountancy Examination with 1st Rank in Intermediate and 6th Rank in Final and secured 3rd Rank in the Final Cost Accountancy Course 3. Master in Business Finance, a one-year post qualification course by ICAI 4. Has attain 50+ degrees and diplomas by securing top rank in many exams
  • 7. 5. Certfication courses conducted by ICAI and 70+ self development courses  Authored Books and Articles:  Has authored more than 300 books on various subjects and 100+ articles in different journals on Valuation, Insolvency Laws, Insurance Laws, Accounting Standards etc. which has helped numerous students and professionals in their academic and professional growth.  Awards and accolades: 1. The Jeejeebhoy Cup for proficiency and character, 2. State Trainer by the Indian Junior Chamber, 3. “Rajasthan Shree” by Rajasthan Udgosh, a noted Social Organization of Rajasthan and 4. Several other awards as a successful leader in various fields. 5. National Book Honors Award 2018
  • 8. PREFACE Visualize your future the way you want it to be: Pyschlogist tells us that visualising the thing or outcomes that we want in our life is very effective way of starting to work towards them. If you want to be working in a nicer job, or living a bigger house,being the best position in your career create a mental picture of your life how you want it to be and imagine yourself living that life in a realistic timeframe. We are fortunate to be living in 21st century, as we are in much better position to exchange information, interact with fellow humans, gaining extraordinary ability to learn by using our expertise to contribute in everything that makes the world a better place to live. Now that we have so much of talent, intelligence to expand our network /influence, then there should not be anything that will be stopping us from doing that. The book is intented to provide you with all the non traditional areas of opportunities which you can explore and use your expertise. It will also give you insights of developing necessary skills in the process and how to use social media in practising and expanding growth. But first, Get into habit of thinking beyond your current situation “As a man thinketh in his heart, so is he" – As a Man Thinketh by James Allen (1902) Although a century old book this continues to motivate me. In nutshell it gives the power of thought.
  • 9. It is our great fortune that we human are gifted with the greatest art of “thinking”. As we possess the ability to become what we think to become, makes us the sole author of our condition, so make a choice as to what condition you want to live in, once you make a choice all you have to do is start. Disclaimer: The content of this book based uppon the knowledge and views of Author in exercise of the Fundamental Rights Guaranteed Under Article 19(1)(a) And Other Related Laws Being Force In India, For The Time Being. Although all efforts are made to ensure the accuracy and correctness of the information contained, it is advisable to readers wishing to rely upon to do their own analysis and verification.
  • 10. I. SOFT SKILLS If anything that 2020 has taught us to be prepare for anything that future could throw at us, being agile and adaptive is the only way to succeed. For that one need to develop certain soft skills, this skills are less about qualification and more of personality driven a. Communication : It is one of the one of the most important soft skills. Able communicators can adjust their tone and style according to their audience, comprehend and act efficiently on instructions, and explain complex issues to colleagues and clients alike. A key, often forgotten, communication skill is listening. Whether you are dealing with a customer complaint or working with your colleagues, good listening skills will help you learn and respond correctly to the circumstance you have been presented with. Equally as important are your verbal and non-verbal skills. Verbal skills are key to fostering relationships that are collaborative and respectful, and ultimately, productive. This also applies to your written communication. A lot of business communication is now played out by email, so it's important to know good email etiquette and give instructions clearly and concisely. b. Self- motivation Having a positive attitude and the initiative to work well without around-the- clock supervision is a vital soft skill for any employee. Not only does it demonstrate reliability and commitment, but it also shows that you can fit
  • 11. efficiently into an organisational structure without the need for constant supervision. To demonstrate your motivation, think about these keys skills:  Positivity  Ambition  Commitment  Initiative c. Leadership Leadership is a soft skill you can show even if you’re not directly managing others. Those with strong leadership skills will have the ability to inspire others and lead teams to success. This is why it is a particularly sought-after skill. People with good leadership skills will have a range of skills that are useful in the workplace, including: a) A positive attitude and outlook b) The ability to make quick and effective decisions c) Exemplary problem-solving or conflict management skills d) The ability to communicate effectively e) An aptitude for both self-motivating and motivating others Even if you are applying for an entry-level role, don't be afraid to demonstrate your potential by showing how you have positively influenced others to take a project to success. d. Responsibility
  • 12. Responsibility is a seldom talked-about but highly valued soft skill. Colleagues who fail to take responsibility for their work will be less productive and less successful overall. To demonstrate a high level of responsibility, make sure you can master these skills:  Trustworthiness  Discipline  Motivation  Conscientiousness  Accountability Taking responsibility means taking ownership of not only your goals but the wider company goals. This will mean taking the initiative to make improvements, accepting responsibility for any failures and really caring about working your way to success. e. Teamwork Like leadership, good teamwork involves a combination of other soft skills. Working in a team towards a common goal requires the intuition and interpersonal acumen to know when to be a leader and when to be a listener. Good team players are perceptive, as well as receptive to the needs and responsibilities of others. f. Problem solving Problem solving does not just require analytical, creative and critical skills, but a particular mindset; those who can approach a problem with a cool and level head will often reach a solution more efficiently than those who cannot.
  • 13. This is a soft skill which can often rely on strong teamwork too. Problems need not always be solved alone. The ability to know who can help you reach a solution, and how they can do it, can be of great advantage. g. Decisiveness Decisiveness is characterized by the ability to make quick and effective decisions. It does not mean recklessness or impulsiveness. Decisiveness combines several different abilities:  The ability to put things into perspective  Weigh up the options  Assess all relevant information  Anticipate any consequences, good and bad A decisive employee will take effective and considered action quickly, especially when under pressure. They take responsibility for the consequences of their decision and can adapt when mistakes are made. This ensures that opportunities aren't missed by lengthy analysis or debate. h. Ability to work under pressure and time management Many jobs come with demanding deadlines and, sometimes, high stakes. Recruiters prize candidates who show a decisive attitude, an unfaltering ability to think clearly, and a capacity to compartmentalise and set stress aside. Time management is closely related to the ability to work under pressure, as well as within tight deadlines. Employees who manage their time well can efficiently
  • 14. prioritise tasks and organise their diaries while adopting an attitude which allows them to take on new tasks and deadlines. i. Flexibility Flexibility is an important soft skill, since it demonstrates an ability and willingness to embrace new tasks and new challenges calmly and without fuss. Flexible employees are willing to help out where needed, take on extra responsibilities and can adapt quickly when plans change. Employers are looking for candidates who can show a willing and upbeat attitude, and who are unfazed by change. j. Negotiation and conflict resolution This is another of those soft skills which employers look for in potential leaders. To be an adept negotiator is to know how to be persuasive and exert influence, while sensitively seeking a solution which will benefit all parties. Similarly, conflict resolution depends on strong interpersonal skills and the ability to establish a rapport with colleagues and clients alike.
  • 15. II. SOCIAL MEDIA USE The exploding growth of social media has significantly changed the way people communicate at home and at work. Social media applications include sites such as LinkedIn, Facebook, Google+, Pinterest, Tumblr, Wikipedia, YouTube, Twitter, Yelp, Flickr, Snapchat, Instagram, Second Life, WordPress and ZoomInfo. Not only has social media changed the way we communicate, but these applications present great opportunities for businesses in the areas of public relations, internal and external communications, recruiting, organizational learning and collaboration, and more. Collaborative technologies are valuable in the workplace because of their effectiveness in improving understanding and teamwork, building relationships and developing lateral communication. The novel aspect of social media is their conversational tone: Knowledge sharing takes place through processes including discussion with questions and answers (online forums), collaborative editing (wikis) or storytelling with reactions (blogs). Why should an organization have its own official presence on social media? Reasons include the following:  Facilitates open communication, leading to enhanced information discovery and delivery.  Allows employees to discuss ideas, post news, ask questions and share links.  Provides an opportunity to widen business contacts.  Targets a wide audience, making it a useful and effective recruitment tool.  Improves business reputation and client base with minimal use of advertising.
  • 16.  Promotes diversity and inclusion.  Expands market research, implements marketing campaigns, delivers communications and directs interested people to specific websites Most of us identify professional development with formal degree and training programs. However, the bigger part of the professional success story is dependent on your personal learning networks (PLNs). Social media has the ability to amplify your reach through expansion of PLNs, which can be aptly utilized for enhancing one's professional growth. Use each social network to its maximum potential Created in 2007, the YouTube Partner program has 30,000+ partners from 27 countries around the world. With 60 hours of video being uploaded every minute, there is little chance that all of that will be crap. In fact, one can possibly find video resource about every topic imaginable. The huge variety of instructional video available on YouTube makes it the number one interactive social media tool for professional development. Networking on Facebook Facebook has more than 1.28 billion active monthly users, which is roughly one-sixth of the entire world population. The social networking giant has introduced an extensive array of tools throughout its evolution that can be used effectively for professional growth. Whether it is Facebook groups, Business pages or Events, each of these tools is equally useful. These are great ways of communicating with experts, spreading new ideas, building new relationships, building contacts and trying new things out. Events will keep informing you about the latest learning opportunities happening in and around your city which you can attend for better networking.
  • 17. Twitter: The best companion experience to what's happening in their world Twitter is another mainstream social media outlet. It has 255 million monthly active users as per the latest reports disclosed by the company, which was up by 14 million sequentially. Twitter is useful in a number of ways. However, the first thing to do after you set up an account is learn the language of the Twittered. The social network definitely has a learning curve associated with it, but it won't be much time before you get familiar with terminology like hashtags, avatar, tweets, promoted tweets, RLRT, RT, Timestamp and activities such as connecting with like-minded learning professionals, following shared news stories, Trends amongst other. Your career development through Twitter will include information and active participation in Twitter chats around a particular subject area. LinkedIn: The official professional network A professional network where you can establish your credentials through a résumé-style profile, post or share content relevant to your field, and connect with others who work in your industry To ensure maximum utilization, your profile should be complete and professionally oriented. Nothing can understate the importance of a good professional headshot as your profile picture. Take credit for accomplishments and be generous while offering recommendations and endorsements for people you know. Send personalized connection requests to professionals and join groups in area of your interest. With LinkedIn publishing platform becoming free-for-all, you can also write professional posts to show expertise and share the content in your network. Last but not the least; LinkedIn is a place to find some of the best work opportunities in the industry.
  • 18. In a global economy, it wouldn't be wise to limit yourselves to purely local connections. Your professional success will also depend on how well you are able to utilize different technological aids, social media and mobile being the top amongst them, to increase your PLN. Instagram A photo-sharing site where you and other professionals can post images of new products, trade show displays, convention gatherings, inspirational ideas, and more Tumblr A blogging platform that allows you and other professionals to write essays, commentaries, and how-tos focused on your industry Pinterest An idea-sharing site where you and other professionals can share image collections, articles, and posts that you find interesting or inspirational Establish Your Presence Joining a social media network is a lot like walking in the door at an in-person social gathering. Yes, you can eavesdrop by standing in the corner all night, but the real point is to mingle and meet people. How do you do that on social media? There are multiple ways to participate:  Like: Most social media sites allow you to click or tap a button to show that you “like” what another professional has posted. People find it gratifying to receive “likes,” and they’ll appreciate you for providing positive feedback.  Follow Back: When you are notified of a new follower who shares your professional interests, follow them in return. It’s an important step to making connections.
  • 19.  Comment: Write a response to what someone else has posted. It can be as simple as a note of thanks, or you can ask a question or make a respectful remark with the intent of starting a productive, positive conversation.  Post: Share articles, personal thoughts, images, videos, and relevant content from credible sources. You don’t have to share much or share often, but posting is how you ultimately create your professional image. For your posts, share something you find interesting and think others in your profession would find useful as well.  Hashtag: Hashtags (the # symbol followed by words) is a method of indexing. You can search social media sites by hashtags and get a list of all posts that use a specific tag. Tags don’t have to be registered; simply add a # symbol in front of a word or combined series of words—with no spaces—and anyone who searches for that tag will find your post. Specific events and discussions will often use a hashtag. If you join a conversation with a hashtag, use the hashtag to increase the chances of people seeing your contribution.
  • 20. III. PROFESSIONAL SPEAKER Being a good public speaker can enhance your reputation, boost your self- confidence , and open up countless opportunities. However, while good skills can open doors, poor ones can close them. For example, your boss might decide against promoting you after sitting through a badly-delivered presentation. You might lose a valuable new contract by failing to connect with a prospect during a sales pitch. Or you could make a poor impression with your new team, because you trip over your words and don't look people in the eye. Make sure that you learn how to speak well! Strategies for Becoming a Better Speaker The good news is that speaking in public is a learnable skill. As such, you can use the following strategies to become a better speaker and presenter. Plan Appropriately First, make sure that you plan your communication appropriately. Use tools like the Rhetorical Triangle , Monroe's Motivated Sequence , and the 7Cs of Communication to think about how you'll structure what you're going to say. When you do this, think about how important a book's first paragraph is; if it doesn't grab you, you're likely going to put it down. The same principle goes for your speech: from the beginning, you need to intrigue your audience. For example, you could start with an interesting statistic, headline, or fact that pertains to what you're talking about and resonates with your audience. You can also use story telling as a powerful opener; our Expert Interviews with Annette Simmons and Paul Smith offer some useful tips on doing this.
  • 21. Planning also helps you to think on your feet . This is especially important for unpredictable question and answer sessions or last-minute communications. Tip: Remember that not all occasions when you need to speak in public will be scheduled. You can make good impromptu speeches by having ideas and mini- speeches pre-prepared. It also helps to have a good, thorough understanding of what's going on in your organization and industry. B. Practice There's a good reason that we say, "Practice makes perfect!" You simply cannot be a confident, compelling speaker without practice. C. Engage With Your Audience When you speak, try to engage your audience. This makes you feel less isolated as a speaker and keeps everyone involved with your message. If appropriate, ask leading questions targeted to individuals or groups, and encourage people to participate and ask questions. Keep in mind that some words reduce your power as a speaker. For instance, think about how these sentences sound: "I just want to add that I think we can meet these goals" or "I just think this plan is a good one." The words "just" and "I think" limit your authority and conviction. Don't use them. A similar word is "actually," as in, "Actually, I'd like to add that we were under budget last quarter." When you use "actually," it conveys a sense of submissiveness or even surprise. Instead, say what things are. "We were under budget last quarter" is clear and direct. Also, pay attention to how you're speaking. If you're nervous, you might talk quickly. This increases the chances that you'll trip over your words, or say something you don't mean. Force yourself to slow down by breathing deeply.
  • 22. Don't be afraid to gather your thoughts; pauses are an important part of conversation, and they make you sound confident, natural, and authentic. Finally, avoid reading word-for-word from your notes. Instead, make a list of important points on cue cards, or, as you get better at public speaking, try to memorize what you're going to say – you can still refer back to your cue cards when you need them. D. Pay Attention to Body Language If you're unaware of it, your body language will give your audience constant, subtle clues about your inner state. If you're nervous, or if you don't believe in what you're saying, the audience can soon know. Pay attention to your body language: stand up straight, take deep breaths, look people in the eye, and smile. Don't lean on one leg or use gestures that feel unnatural. Many people prefer to speak behind a podium when giving presentations. While podiums can be useful for holding notes, they put a barrier between you and the audience. They can also become a "crutch," giving you a hiding place from the dozens or hundreds of eyes that are on you. Instead of standing behind a podium, walk around and use gestures to engage the audience. This movement and energy will also come through in your voice, making it more active and passionate. E. Think Positively Positive thinking can make a huge difference to the success of your communication, because it helps you feel more confident. Fear makes it all too easy to slip into a cycle of negative self-talk, especially right before you speak, while self-sabotaging thoughts such as "I'll never be
  • 23. good at this!" or "I'm going to fall flat on my face!" lower your confidence and increase the chances that you won't achieve what you're truly capable of. Use affirmations and visualization to raise your confidence. This is especially important right before your speech or presentation. Visualize giving a successful presentation, and imagine how you'll feel once it's over and when you've made a positive difference for others. Use positive affirmations such as "I'm grateful I have the opportunity to help my audience" or "I'm going to do well!" F. Cope With Nerves How often have you listened to or watched a speaker who really messed up? Chances are, the answer is "not very often." When we have to speak in front of others, we can envision terrible things happening. We imagine forgetting every point we want to make, passing out from our nervousness, or doing so horribly that we'll lose our job. But those things almost never come to pass! We build them up in our minds and end up more nervous than we need to be. Many people cite speaking to an audience as their biggest fear, and a fear of failure is often at the root of this. Public speaking can lead your "fight or flight" response to kick in: adrenaline courses through your bloodstream, your heart rate increases, you sweat, and your breath becomes fast and shallow. Although these symptoms can be annoying or even debilitating, the Inverted-U Model shows that a certain amount of pressure enhances performance. By changing your mindset, you can use nervous energy to your advantage. First, make an effort to stop thinking about yourself, your nervousness, and your fear. Instead, focus on your audience: what you're saying is "about them." Remember that you're trying to help or educate them in some way, and your
  • 24. message is more important than your fear. Concentrate on the audience's wants and needs, instead of your own. If time allows, use deep breathing exercises to slow your heart rate and give your body the oxygen it needs to perform. This is especially important right before you speak. Take deep breaths from your belly, hold each one for several seconds, and let it out slowly. Crowds are more intimidating than individuals, so think of your speech as a conversation that you're having with one person. Although your audience may be 100 people, focus on one friendly face at a time, and talk to that person as if he or she is the only one in the room. F. Watch Recordings of Your Speeches Whenever possible, record your presentations and speeches. You can improve your speaking skills dramatically by watching yourself later, and then working on improving in areas that didn't go well. As you watch, notice any verbal stalls, such as "um" or "like." Look at your body language: are you swaying, leaning on the podium, or leaning heavily on one leg? Are you looking at the audience? Did you smile? Did you speak clearly at all times? Pay attention to your gestures. Do they appear natural or forced? Make sure that people can see them, especially if you're standing behind a podium. Last, look at how you handled interruptions, such as a sneeze or a question that you weren't prepared for. Does your face show surprise, hesitation, or annoyance? If so, practice managing interruptions like these smoothly, so that you're even better next time. Key Points
  • 25. Chances are that you'll sometimes have to speak in public as part of your role. While this can seem intimidating, the benefits of being able to speak well outweigh any perceived fears. To become a better speaker, use the following strategies:  Plan appropriately.  Practice.  Engage with your audience.  Pay attention to body language.  Think positively.  Cope with your nerves.  Watch recordings of your speeches. If you speak well in public, it can help you get a job or promotion, raise awareness for your team or organization, and educate others. The more you push yourself to speak in front of others, the better you'll become, and the more confidence you'll have.
  • 26. I. OPPORTUNITIES IN NON TRADITIONAL AREAS 1. ALTERNATIVE DISPUTE RESOLUTION Almost 65% of India’s population is under the age of 35 years, the average Indian is 29 years, while there two ways to look at the glass some people may take it as an asset some may take in light of unemployment. Although the problem of lack of jobs is well address and curb to some extent by various government initiatives such as Digital India or Atmanirbhar Bharat, Startup, MSME and Agriculture sector reforms etc. The Alternative Dispute Resolution Providers is one such area to be think upon by younger generation. Since the role of solution provider does not require any certain degree, the person with sense of logic and justice may explore this career opportunity. Naturally anyone possessing sound mind may facilitate the resolution to the concerned dispute therefore there are no are no rigid formalities prescribed for imparting role as a dispute resolution providers. Since India follows either court referred ADR or Private ADR, the accreditation is necessary for empanelment with court and tribunal mediation panels. The person can be a certified accredited dispute resolution provider either in the category of Mediator, Conciliator or Arbitrator after successful completion of training course.
  • 27. Family, commercial, business, trade, real estate, labour management, workplace, sports, transport, bankruptcy, contract, neighbor, health, hospitality etc are few subject that can be make area of practice/specialization WHO CAN BE MEDIATIOR AND ARBITRATOR? Naturally anyone possessing sound mind may faciliate the resolution to the concerned dispute therefore there are no are no rigid formalties prescribed for imparting role as a dispute resolution providers. Since India follows either court referred ADR or Private ADR, the accreditation is necessary for empanelment with court and tribunal mediation panels. The person can be a certified accredited dispute resolution provider either in the category of Mediator, Conciliator or Arbitrator after successful completion of training course. HOW TO ACE THE ROLE OF MEDIATOR? As a neutral facilitator, the mediator is uniquely placed to assist with, or do, the following: (a) Win the trust of all parties; (b) Facilitate communication; (c) Focus the parties on the problem; (d) Overcome emotional blockages; (e) Help one party to understand the other party’s case; (f) Probe each party’s case for interests, positions, strengths and weaknesses; (g) Help parties realistically assess their own cases; (h) Suggest new avenues to explore; (i) Overcome deadlock and help save face; (j) Explore settlement proposals in depth; (k) Assess realistically the chances of settlement; and (l) Win approval for settlement proposals. (m) check (and re-check) confidentiality;
  • 28. (n) let the parties own the problem and the solution; (o) resist imposing the mediator’s own solution; (p) be neutral and do not offer an opinion; (q) be impartial and give equal value to everyone; (r) avoid stereotyping; (s) check own assumptions; (t) always show respect; (u) develop and demonstrate understanding; (v) be open and honest (with oneself and with others); and (w)be flexible. Not all mediations proceed smoothly. Several factors, such as anger, position, plain misunderstanding or a simple miscommunication could lead to an impasse in the mediation. In this circumstance the mediator could apply before strategies for peaceful process: 1. Take a break from the mediation: Relaxing to reconsider a point sometimes leads to fresh thinking on a problem. 2. Emphasise the areas of agreement: This enables the parties to see the commonality of their interests and the futility of walking away from the table. 3. Use humour: Appropriate humour is always a good move for relaxation. 4. Explore settlement in incremental stages. If a partial agreement is feasible, harp on it. 5. Adjourn to another day. 6. Encourage the parties. Encouragement is a good motivator to further movement and action. The mediator should acknowledge whatever progress has been made, to reinforce it.
  • 29. 7. Change the focus of the mediation: If one topic bogs down the discussion, move to another issue and address the difficult one later 8. Use silence as a weapon: Silence is an unusual condition in a mediation. Someone may feel compelled to break it 9. Validate the parties’ interests: When people feel validated in their own interests, they are more willing to listen to the interests of others. 10.Avoid generalisations. 11.Point out similarities. 12.Learn about the parties’ culture/cultures. 13.Share your experiences. 14.Demonstrate familiarity. 15.Show a desire to learn. 16.Be open to individuality. 17.Practice active listening. 18.Stress the positive. 19.Figure out what is ‘fair’. 20.Admit mistakes. 21.Do not trick or be overly greedy. 22.Be respectful of the parties. 23.Try to improve the deal after making it. 24.Recognise common goals. 25.Discuss difficulties/constraints. 26.Use a caucus. This allows the mediator to hold separate meetings with the parties. 27.Establish a personal rapport. 28.Disclose relevant information. 29.Be honest. 30.Find out what each party wants/needs.
  • 30. 31.Look for ways to add value. 32.Create options. 33.Prepare. 34.Have open communication. 35.Try to improve the relationship between or amongst the parties. Guidelines for conduct of Online dispute resolution. The outbreak of covide 19 that resulted in mandatory maitenance of social distancing age have necessisated the need of virtual professional, adopting to the new normal every professional forums worldwide have started virtual life of their respective profession/buisness. Well this have very much applicable to the litigation platforms of country and almost every dispute resolutionary mechanism have adopted virtual proceedings maintaining social distancing. At this juncture the ADR mechanism have certainly become the ODR – online dispute resolution. As of now you must have understand that there are no statutory process governing the process neverthless the ADR forums/platforms/institution have to follow certain protocol for online conduct of process. Such in nutshell have provided as below: 1. The facilitator may first contact both parties, and brief over the process of downloading/use of digital platform 2. Subsequently he must explain over the flow of session and discuss the issue arisen in matter very briefly 3. He may make available the concern parties of consenting letters stating the permission of conduct of online hearing and terms & conditions of the same
  • 31. 4. The facilitator may make available credentials of hearing such as meeting ID and password, and provide them to the parties or their authorized representatives 5. A reminder must be send day before the conduct of process 6. As a precautionary measure the mediator/conciliator/arbitrator may join the virtual meet in advance and facilitate assistance if any technical difficulties arise or cause to the parties 7. Before starting the process he must remind the parties of agreed terms and condition, flow of session and their rights in between the process 8. He must available or provide breakout session whenever time needed to think upon or general break in the virtual meet. 9. A virtual white board may be created to brainstorm ideas when the phase of decision making is reached 10.Once the process is concluded he may provide the parties the mutual agreement to sign through E-signature in case a final decision is reached Since the disputing parties are permitted to appoint more than one mediator/arbitrator/conciliator so far the number is odd in cases of co- mediators/arbitrators/conciliators the responsibilities of them in virtual proceedings are certainly many. They must organize in a manner to establish a successful system of communication with each other and with the parties. It is recommended that co-mediators/Arbitrators/conciliators: 1. Should familiar with each other, or have previously worked with each other 2. They should have an understanding of strategy, vision in resolving the concerned disputes so that the collaboration would be easier and it would be easier to arrive at conclusion.
  • 32. 3. It is requires that they must understand case in brief manner before proceeding to the session in respect of platform, by mail, telephone or video conference they are going to use 4. Facilitate the division of task between themselves and set strategy prior to session, harmony and cooperation is certainly very important in the process 5. They must restrain the amount of confusion to the parties take steps in the manner 6. The absence of physical presence may create problem in flow of discussion as two person might try to speak at the same time, the collaborators must ensure that every person in the dispute may get their fair chance and must maintain discipline throughout the process How to understand the dispute? Well this is the most crucial question so far from the perspective of dispute resolution providers. As in order to arrived at peaceful conclusion/remedy it necessary to have clarity over subject matter concerning the disputes. This may certainly be achieved by asking further question. 1. What is that misunderstanding that resulted in dispute? 2. As far as you can tell, what did you specifically misunderstand about the other person? The situation? The interaction between you? 3. What is that exact thing/or act said/done by the other person that have caused you upset? 4. What words might you use besides upset? 5. Do you believe the said situation may be avoided? How? 6. What would you prefer the other person had said or did instead, in this circumstance?
  • 33. 7. The thing that you said/done causing hardship to other person was it necessitated? Was there any other alternative? 8. What seemed to be causing that person upset – such as, how might they have interpreted what you said or did? 9. What is that thing you want to be done by other person so that you will able to move on? 10.What might the other want or need from you to move on? 11.What insights do you have
  • 34. 2. MSMEs & STARTUPs: In the economic development of nation, contribution of Micro, Small and Medium Enterprises which in short “MSME” is crucial, not only the sector enhances economic growth but is also responsible for the largest employment generation sector next to agriculture as almost 30% of countries GDP belong to MSME, it is for such valuable contribution MSMEs is proudly considered as “the backbone of India’s economy”. On the other hand Start-ups which are the combination of ideas and innovation executed in entrepreneurship emerging as crucial leading the country on the path of success. Recognizing the importance of both the government is constantly making policy reforms and initiatives to support the potential entrepreneurs help contribute in economy and for their growth expansion. In this journey there is need for experienced mentors/professionals to come forward and invest their time in nurturing talent by applying their expertise and assisting them thereby contributing to nation building.. I. MENTORING ENTREPRENEURS Often it has been seen that most of the startup, MSMEs enterepreneurs are either unaware of available schemes / facilities or reluctant to avail it’s benefits due to cumbersome application / approval process, resulting in shut down of their ventures even in the starting few years. Therefore, there is a need of proper mentorship and professional assistance to MSMEs and Start-ups to get the maximum available benefits from the Government schemes. The study suggest that due to absence of professional guidance the CEOs and top management belonging MSMEs and Startups have to devote 80% of their time towards statutory and mandatory complaince often this lead to neglect towards the benefits provided by government, as a result many are not able to avail such benefits.with the constant updation from the government in terms of statutory
  • 35. requirments many are needing the assistance of professional who could guide them on the right path and managed all their complaince, and other necessary work so that this entrepreneurs could concentrate on core business operations and strategic business planning. This has in turn created professional opportunity to individuals well versed with the financial, regualtory, procedural aspects Recognising the same the government has even provided mentorship facility on the startup india portal. The prospective mentors for providing official guidance will have to create a mentor profile on the portal. As a Mentor, you have access to all registered startups across all stages on the Hub. The startups may connect with you through a connection request, post which you can provide your expert advice to the startup on its next steps. A startup is allowed to send 3 connection requests each week. This is done by simply clicking on the “connect” button on the mentor’s profile. Once you accept a connection request, the startup can reach out to you through a simple chat interface. You can know more about the Startup which has connected with you by clicking on their profile and reading up about them. Professional opportunities as mentor for Startups:Apart from helping the nation move forward, as a mentor, you will have the opportunity to:  Be recongnised as a Startup India Mentor  Share your wisdom and experiences  Evovle your own thinking  Develop a new relationship  Deepen your skills as mentor Process of creating mentorship profile:  Simply click on 'Register' https://www.startupindia.gov.in/content/sih/en/registration.html and fill in the
  • 36. details as required in the registration form. An OTP will be sent to your registered email address, post submitting which your profile will get created.  You will have an option to select your profile type. Select “Enabler” as your persona type, post which you’ll be asked to specify what type of enabler you are. Select mentor / investor in the drop down box depending on your objective.  The profile goes under moderations for 24-48 hrs, and once our Quality assurance team has done a preliminary check on your mentor creds, your profile is made live II. PROFESSIONAL OPPORTUNITIES UNDER START-Ups Below are some ideas where the professionals can assist the budding startups: 1. By assisting start-ups to get recognition through stratup india portal 2. Drafting and creating esssential legal documents such as a. Trademark b. Incorporation documents c. A non-disclosure agreement for dealing between client and investor this will include certain documents and paper such as - Employment contract, offer letters etc binding clause - Confidentiality agreement - Owning of information - Obligation with repsect to crucial information d. Terms and condition of work e. Company policies etc 3. By laws – definite of working rules and regulations. Security provision etc. 4. Buisness advisor- fund raising options/opportunties, complaince moniterring other statutory compliance and mandates, periodical check etc. 5. Web portal of buisness-handling online query, improvisation, digital marketing
  • 37. 6. Accounting and finance matter: Taxation and Finance are the key areas alongwith Secretarial Compliances. Professionals are playing very significant and crucial role to help smoothen the business operations. III. ADVISORY SERVICES The country’s eased regulatory scenario and improved ease of doing are increasingly offering opportunities to businesses to grow. Every Business leader needs a professional help to assist them in developing and delivering strategic direction to their respective business. Key component in advisory services includes: 1. Strategy planning and implementation: These services are aimed at assisting the top management of an organisation in deciding the strategic direction and ensuring their functional heads buy into the vision of the organisation. 2. Market assessments and competition landscaping: The professionals may helps businesses become more aware of their market, operating landscape, competition and own positioning. Our business consulting services typically include market size (volume and value), growth (historical and projected), demand-supply gap analysis, price point analysis, value chain, competitor analysis, drivers/challenges and trends, relevant models showing the business strengths and positioning, etc. 3. Business planning: through the analytical skill, the professional may come up with business planning, it will cover the detailed market scenario, operating model, regulatory aspects, pricing and margins basis competition, supply chain model, fixed and variable expenses etc.
  • 38. 4. Commercial due diligence: Companies preparing for a transaction or currently in an ongoing transaction need an analysis of the market and competition, supply chain and validation of the future projections of the business basis the management model, customer interviews, competition and market assessment. Along with these analysis, they can provide a reasonability assessment on the financial projections by the management along with a detailed report, which can be used by investors and financial institutions to formulate their view on the transaction. 5. Annual plan of operation: This will including all preparation and targets to be achieved in the coming year in light with budgetary plan. The professional may set common top-down and bottom-up objectives to be achieve throughout the year. To ensure the well implementation of annual plan the professional may also come up with strategies of quarterly monitoring tracking the implementation. 6. Landing an excellent deal The advisory services also includes the Deal advisory aspect, the business may constantly come across with the concept of offering or accepting a deal. There comes point in every organization where they will need to seize the opportunities to jump on crucial business with intention expanding their business. The professional with knowledge of marketing condition, potential in deal in light of benefit to the organization may advise either to go for it or do certain modifications in it, suitable to achieve desire success out of it. There assistance is essential in every step for successful closure of deal. For that they will be providing service such as a. Strategy for better implementation ensuring desire output b. Review of business plan c. Research of marketing condition, trends, practice etc.
  • 39. d. Targeting partners that will go for the deal, taking note of their present professional needs e. Negotiating the deal f. Finalizing the MoU g. Due diligence ensuring documentations, study reports etc. h. Making available the pro’s and con’s of deal etc. It is a common practice that every day business may come across with the offer of deal putting them under a dilemma to accept or reject it. In this dicey situation they may always go for crucial advise of professionals whose responsibility with offer of deal is to i. Determining the potential in deal j. Studying the same and taking market tour, finding the similar instances analyzing their results k. Facilitating negotiation motivated with their business growth goal l. Figuring out the solution suitable for both sides m. Finally conveying their advise and closing the deal 7. Fund raising: The required amount of funding for a business is as important as oxygen for an asthama patient. The professional by connecting through financial institutions such as banks, NBFCs private equity and venture capital funds lands significant fund deal with well planned assesstment of finances.
  • 40. 3. REAL ESTATE Real estate have always been the attractive place of for all stakeholder whether in terms of investment, profession, or end users. The country underwent a massive revoluntionary change in 2016 with the enactment of RERA. It stands for the Real Estate (Regulation and Development) Act, 2016 that is in commencment since 1st May 2017, it is among such few legislation that have achieved an effective implementation and making its enacting objective a reality in a span of just four years. In exercise of the power granted under section 20 of the act, so far there are 21 out of 28 and 3 Union Territories such as Delhi, Chandigarh, Pondecherry out of 8 UTs have set up fully functioning Real Estate Regulatory Authority (RERA) to govern their respective territories. This authorities are conferred with power to moniteer the real estate project of the concerned states. For boosting transparancy and effectiveness the act recognises certain procedural compliance and rights and duties of the key players of RERA that is Allottees (buyers), Real Estate Agents and Real Estate developers (Promoters/builders). This requires a lot of due dilligence, procedural knowledge, Authorities approval, engaements and extensive financial and investment knowledge that provides exclusive opportunities for professionals/experts who can leverage their knowledge in providing full package services in terms of consultancy, compliance, representation, due dilligence, document vetting, drafting, approval draft, project execution, investment plans, deal advisory etc. which in turn accelerate the real estate sector’s development and consequently add to the nation’s economy. 1. ROLE OF PROFESSIONALS UNDER RERA The efficiency of RERA revolves around the prominent role plays by each professionals whose service is utmost important. Among such professionals are
  • 41. 1. Architect 2. Engineer 3. Chartered Accountants 4. Real Estate Agent 5. Advocate 6. Consultant Some professionals defines under act Section 2 (h) "architect" means a person registered as an architect under the provisions of the Architects Act, 1972 Section 2 (u) "engineer" means a person who possesses a bachelor's degree or equivalent from an institution recognised by the All India Council of Technical Education or any University or any institution recognised under a law or is registered as an engineer under any law for the time being in force. Section 56 (a) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 or any other law for the time being in force and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act Section 56 (b) "company secretary" means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980 or any other law for the time being in force and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act; Section 56 (c) "cost accountant" means a cost accountant as defined in clause (b) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 or any other law for the time being in force and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act;
  • 42. Section 56 (d) "legal practitioner" means an advocate, vakil or an attorney of any High Court, and includes a pleader in practice A. Role of Architect: An Architect has well-versed knowledge about buildings and their construction. He understands the utility of the property in a very proper way and that is always very important for the actual development of the property. An Architect knows the typology and has thorough knowledge about the use of the typology to be proposed and constructed. With the quality of vision along with creativity and imagination, an Architect can always guide the client or developer in the right direction. The promoter seeking registration of the ongoing project has to obtain an architect certificate, who after inspecting the site of the project certified certain particulars which are: - Percentage of Completion of Construction Work - While inspecting he has look into factors such as: o Excavation o number of Basement(s) and Plinth o number of Podiums o Stilt Floor o number of Slabs of Super Structure o Internal Walls, Internal Plaster, Floorings within Flats/Premises, Doors and Windows to each of the Flat/Premises. o Sanitary Fittings within the Flat/Premises, Electrical Fittings within the Flat/Premises. 8. Staircases, Lifts Wells and Lobbies at each Floor level connecting Staircases and Lifts,Overhead and Underground Water Tanks. o The external plumbing and external plaster, elevation, completion of terraces with waterproofing of the Building/Wing.
  • 43. o Installation of lifts, water pumps, Fire Fighting Fittings and Equipment as per CFO NOC, Electrical fittings to Common Areas, electro, mechanical equipment, Compliance to conditions of environment /CRZ NOC, Finishing to entrance lobby/s, plinth protection, paving of areas appurtenant to Building/Wing, Compound Wall and all other requirements as may be required to obtain Occupation / Completion Certificate o Internal and External Development Works in respect of the entire Registered Phase The architect shall certify that the physical condition at the site is built as per the sanctioned plan which the promoter may use while seeking % of withdrawals from the bank requiring to meet the cost of construction. The project architect is also required to certify the certificate on completion of each of the Building/Wing. B. Role of Engineer: Engineer: It is well known that among other issues structural deficiency founded in the construction was one of major concern of construction industry for the longest however, in order avoid the situation the RERA 2016 has by taking note of it introduced certain measures. First being the engineer’s certificate which is mandatory to be submitted by the promoter while seeking registration of the concerned real estate project. That has to be in Form 2 as has been prescribed under Regulation 3 of MahaRERA General Regulations, 2017. While certifying the same the engineer is required to provide certain particulars such as I. estimated cost of the completion to obtain Occupation Certificate/ Completion Certificate, of
  • 44. the Civil, MEP and Allied works, of the Building(s) of the project II. Cost incurred on the project so far III. Total Estimated cost of the Internal and External , Development Works including amenities and Facilities in the layout as on date of Registration IV. Cost Incurred on Additional /Extra Items as on registration date not included in the Estimated Cost The other responsibility of engineer is to prove strcutural stability certificate. Although the act has not mandatorily asked for it to connect it while registering the project. However, states like Andhra Pradesh have specifically mentioned in their rules to connect it while registering the project. Under Andhra Pradesh RERA (Rule 3B (1) of APRERA Rules, 2017) among other documents that are necessary to be submit by promoter in order to register his real estate project, a Structural Stability Certificate duly issued by Certified Structural Consultant/Engineer along with the details of parameters followed for verification of structural stability is also a requirement. Format of Structural Stability Certificate STRUCTURAL STABILITY CERTIFICATE Name of the Promoter (individual /Firm): ……………………………………………………………….. Project Name: …………………………………………………………………………………… ……………………..
  • 45. Location of the Project:………………………….. Survey no:………………………………. Locality:………………………………… Village/City :…………………………………………………………….. Mandal :…………………………………..District: ………………………………………………………........... Total No. of Floors…………………………………………………………………………… ……………………….. (Eg. Roofed cellar+ Stilt+ Ground+ Upper Floors) (Residential/Mixed Development/Commercial)…………………………..…………..Apartment Belongs to………………………………………………………………………………… ………………………………. Sl.No Items Parameters/Standards/Relevant Codes 1 Concrete 2 Steel 3 Soil 4 Foundations 5 Others Soil Test Report By………………………………………………………………………………… …… Pvt Ltd.
  • 46. I/We declare that …………………………………………………the structure design provided are safe and stable to the best of my knowledge Signature of Structural Engineer Quality assurance: An Engineer who supervises the work appointed by Promoter in order to ensure the quality of the materials being used on the project have to prepare Certificate for Quality Assurance A format for this purpose has been proposed and designated as Form-2A. All the real estate projects registered after 01.12.2018 with MahaRERA are required to submit quarterly information in Form 2A. The Form 2A shall be uploaded by the end of every financial quarter. The consumers will also get benefited from these certifications as they will receive a “quality certificate” of the constructions made under these registered projects. In nutshell the promoter has to request an engineer who will supervise the work and quality of construction material and will submit the quality certificate as under Form 2A and by this the entire process will become transparent and everyone will be assured of quality of the projects and the buyer can raise objections as and when required if the material differs. Certificate required for withdrawal: As section 4(2)(l)(D) requires promoters shall obtain from these 3 professional’s that is Engineer, Architect and Chartered Accountant’s certificates from time to time to withdraw the money from the scheduled Bank maintaining sepearate Account of project based on % of development of the project. The engineer has
  • 47. certify that the items shown in the cost of construction is matching to the physical condition at the site of the real estate project. C. Role of chartered accountant Like the above two professionals the chartered accountant is also required to give promoter certificate (Form 3 reg. 3 of MahaRERA General Regulations, 2017) which he will needing to fufill the registration requirements. The said certificate is also necessary for seeking withdrawals from separate account maintained by builder in scheduled bank containing 70% amount realised from allottees towards real estate project. The content of certificate will include belwo particulars: A. Land cost b. Acquisition Cost of Land or Development Rights, lease Premium, lease rent, interest cost incurred or payable on Land Cost and legal cost. c. Amount of Premium payable to obtain development rights, FSI, additional FSI, fungible area, and any other incentive under DCR from Local Authority or State Government or any Statutory Authority. d. Acquisition cost of TDR (if any) e. Amounts payable to State Government or competent authority or any other statutory authority of the State or Central Government, towards stamp duty, transfer charges, registration fees etc ; and f. Land Premium payable as per annual statement of rates (ASR) for redevelopment of land owned by public authorities. g. Under Rehabilitation Scheme :
  • 48. I. Estimated construction cost of rehab building including site development and infrastructure for the same as certified by Engineer. II. Actual Cost of construction of rehab building incurred as per the books of accounts as verified by the CA. III. Cost towards clearance of land of all or any encumbrances including cost of removal of legal/illegal occupants, cost for providing temporary transit accommodation or rent in lieu of Transit Accommodation, overhead cost, IV. Cost of ASR linked premium, fees, charges and security deposits or maintenance deposit, or any amount whatsoever payable to any authorities towards and in project of rehabilitation B. Development Cost/ Cost of Construction : a. (i) Estimated Cost of Construction as certified by Engineer. (ii) Actual Cost of construction incurred as per the books of accounts as verified by the CA. (iii) On-site expenditure for development of entire project excluding cost of construction as per (i) or (ii) above, i.e. salaries, consultants fees, site overheads, development works, cost of services (including water, electricity, sewerage, drainage, layout roads etc.), cost of machineries and equipment including its hire and
  • 49. maintenance costs, consumables etc. All costs directly incurred to complete the construction of the entire phase of the project registered. b. Payment of Taxes, cess, fees, charges, premiums, interest etc. to any statutory Authority. c. Principal sum and interest payable to financial institutions, scheduled banks, non-banking financial institution (NBFC) or money lenders on construction funding or money borrowed for construction 2. Total Estimated Cost of the Real Estate Project [1(i) + 1(ii)] of Estimated Column. 3. Total Cost Incurred of the Real Estate Project [1(i) + 1(ii)] of Incurred Column. 4. % completion of Construction Work % (as per Project Architect’s Certificate) 5. Proportion of the Cost incurred on Land Cost and ____________% Construction Cost to the Total Estimated Cost. ( 3/2 %) 6. Amount Which can be withdrawn from the Designated Account 7. Amount withdrawn till date of this certificate as per the Books of Accounts and Bank Statement. 8. Net Amount which can be withdrawn from the Designated Bank Account under this certificate.
  • 50. Addtionally the chartered accountant is given with the responsibility to audit the designated account in the schedule bank within six months at the end of every financial years. While doing so he has to submit a statutory audit report as prescribed under Regulation 4 of MahaRERA General Regulations, 2017 read with second provision of section 4 (2) (l) (D) of RERA. Wherein he is required to certify that the amount withdrawn has been utilized for project only for that project and the withdrawal from the designated bank account(s) of the said project has been in accordance with the proportion to the percentage of completion of the project. D. Role of Real Estate Agents: The Real Estate Agent is one of key player in the real estate industry, whose prime responsibility revolve around arranging real estate transactions, putting buyers and sellers together and acting as their representative in negotiations. The RERA 2016 requires the registration of this professional before they could provided their services such as - Facilitating the sale or purchase of or act on behalf of any person to facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a real estate project or part of it Registration of Real Estate Agents: The Real Estate Agents willing provide service under the act has to make online application to the concerned RERA under sub section (2) of section (9) based on which the authority may either grant registration or may reject the application if it doesn’t comply with provision. The manner of application, grant of registration or rejection of application has to be studied with different rules and regulation provided by concerned authority in addtion to the provision of section 9 and 10 of the act.
  • 51. For instance chapter III of MahaRERA Registraition rules provides provision of registration of real estate agents: As per rule 11 the real estate agent has took make application in form ‘G” prescribed under the rules, and has to accompained belwo details: (a) brief details of his enterprise including its name, registered address of place of business, type of enterprise (proprietorship firm, societies, partnership, company etc.); Registration numbers, PAN, Aadhar Card No, DIN, as the case may be, under which returns are required to be filed with statutory authority; (b) particulars of registration obtained under other laws, and rules and regulations, as the case may be, along with the authenticated copy of partnership deeds, memorandum of association, articles of association, etc.; (c) recent colour photographs of the real estate agent, if an individual and of all the partners, directors, trustees, etc. including persons in service or assigned work expected on a real estate agent, in case of other entities; (d) income-tax returns for last three financial years preceding the application or in case the applicant was exempted from filing returns in any of the three year preceding the application, a declaration to such effect; (e) authenticated copy of the proof of address of the principal place of business, number of branch offices if any along with contact details including Telephone Numbers, Fax Numbers and email address; and (f) details (if any) of all real estate projects and their promoters on whose behalf he has acted as real estate agent in preceding five years; (g) details of all civil or criminal cases pending against him if an individual or any of the partners, directors, trustees etc. in case of other entities; (h) authenticated copies of all letter heads; rubber stamp images, acknowledgement receipts proposed to be used by the real estate agent;
  • 52. (i) such other information and documents, as may be specified by regulations. Fees of registration: (i) A sum of rupees ten thousand, in case of applicant being an individual; and (ii) rupees one lakh, in case of the applicant being other than an individual. Upon making application the concerned applicant has to wait for 30 days after wards the concerned authority may grant registration certificate in form “H” and if it to be rejected it will be intimated in form “I”. Renewal of registration: A real estate agent to whom registration has been granted under section 9 may, make an application for renewal of his registration, at least sixty days prior to the expiry of the registration. The application shall be in Form 'J'. In case of renewal of registration, the authority shall inform the real estate agent about the same in Form 'K’ and in case of rejection of the application for renewal of registration the authority, shall inform the real estate agent in Form ‘I’. Obligations of registered real estate agents. – (1) Every registered real estate agent shall prominently display number of his Registration Certificate at the principal place of business and at its branch offices. (2) Every registered real estate agent shall quote his number of their registration all the documents relating to advertisement, marketing, selling or purchase issued by the real estate agent along with the number of registration certificate of the real estate project. Functions under section 10 :
  • 53. (a) not facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a real estate project or part of it, being sold by the promoter in any planning area, which is not registered with the Authority; (b)maintain and preserve such books of account, records and documents as may prescribed; (c) not involve himself in any unfair trade practices, namely:— (i) the practice of making any statement, whether orally or in writing or by visible representation which— (A) falsely represents that the services are of a particular standard or grade; (B) represents that the promoter or himself has approval or affiliation which such promoter or himself does not have; (C) makes a false or misleading representation concerning the services; (ii) permitting the publication of any advertisement whether in any newspaper or otherwise of services that are not intended to be offered. (d) facilitate the possession of all the information and documents, as the allottee, is entitled to, at the time of booking of any plot, apartment or building, as the case may be; accountability of Real estate agent under the act:  Section 62. If any real estate agent fails to comply with or contravenes the provisions of section 9 or section 10, he shall be liable to a penalty of ten thousand rupees for every day during which such default continues, which may cumulatively extend up to five per cent. of the cost of plot, apartment or buildings, as the case may be, of the real estate project, for which the sale or purchase has been facilitated as determined by the Authority.  Section 65. If any real estate agent, who fails to comply with, or contravenes any of the orders or directions of the Authority, he shall be
  • 54. liable to a penalty for every day during which such default continues, which may cumulatively extend up to five per cent., of the estimated cost of plot, apartment or building, as the case may be, of the real estate project, for which the sale or purchase has been facilitated and as determined by the Authority.  Section 66. If any real estate agent, who fails to comply with, or contravenes any of the orders, decisions or directions of the Appellate Tribunal, he shall be punishable with imprisonment for a term which may extend up to one year or with fine for every day during which such default continues, which may cumulatively extend up to ten per cent. of the estimated cost of plot, apartment or building, as the case may be, of the real estate project, for which the sale or purchase has been facilitated, or with both. E. Role of Advocate: While the legally represent the client is by default will remain professional requirement from advocate, there are much more opportunties provided under RERA. An advocate may advise their client on a. Advice on Joint venture development b. Advice on township development c. Real estate promotion and development d. Preparing lease and sale deed drafts e. Advice and legal documentation of property buying/selling/lease f. Tenant-landlord issues g. Land use regulations h. Finance and mortgage agreements i. Building, development and construction contracts j. House tax disputes
  • 55. k. Project and retail property transactions l. Land Use Regulations m. Mortgage and Finance Agreements n. Building, Development and Construction Contracts o. Other Tax disputes (GST and other) p. Projects and retail property transactions. Paperwork vetting by the lawyer: a. Enlightens the buyer about the property history / third party interfering (if any) b. Acquires complete details of the original owner and previous owners c. Checks for the rights of easements involved and the minor’s rights (if any) d. Checks for the Encumbrances (if any) e. Current property status / encroachments on the property f. Checks for the property revenue records such as Patta / Khata / Tax records g. Checks for property disputes / court involvements / pathways disputes / violations on the property Opportunities to be appointed as Judicial Member of REAT: an advocate for at least twenty years with experience in dealing with real estate matters is eligible to be appointed as the Judicial member of the Real Estate Appellate Tribunal F. Consultancy opportunities: Any person possession sound knowledge of real estate, regulatory procedures, finance, investments belonging to any profession ranging from finance, law,
  • 56. taxation, accountancy, advisory, buisness management may provide their professional excellency serivce in the form of RERA consultant. There are several factors involves that requires consultancy where such eligible may seek opportunities: a. Project fund planning before registration  Source of intial funding  Expected customer collections  Cost of land plus intial promotion b. Review of advertising brochure  False/non-realistic statement or data attracts rejection of application  Interest plus penalty  Bad track record for the future c. Project registration with authority  Complete online process  Required document and information  Seeking necessary approval from competent local authority in nature of commencement certificate, IOD, NOC from various departments etc. List of documents List of Authorities 1. ownership certificate/Extract 2. Non-agriculture permission a. The Revenue Department https://rfd.maharashtra.gov.in/en 3. Building layout approval document (the person may seek information regarding the site inspection from the Building Proposal Office of b. The Development Authority/ or the local Municipal Authority (in case of Mumbai district this may be obtained
  • 57. Municipal Corporation) 4. structural engineer approved structural plans submitted by the promoter 5. Occupancy certificate/ Building Completion Certificate from Bombay Municipal Corporation https://portal.mcgm.gov.in/irj/ portal/anonymous ) c. intimation of disapproval" (building permit)- the IOD requires NOCs from various government authorities and the Final clearance to build (Commencement Certificate) will only be given once the company obtains all NOCs and meet all IOD conditions. d. Commencement certificate e. The Building Proposal Office https://autodcr.mcgm.gov.in/bpa msclient2/Login.aspx 6. NOC from Tree Authority f. Tree Authority Committee/ Water and Drain Department/ Sewage Department/ Electrical Department/ Traffic and Co-ordination department/ Chief Fire Officer under Municipal Corporation https://portal.mcgm.gov.in/irj/ portal/anonymous 7. The Environmental clearance g. The Ministry of Environment, Forest and Climate Change /
  • 58. the State Environment Impact Assessment Authority (SEIAA)/ State level expert Appraisal Committeehttp://environmentc learance.nic.in/ 8. The Ancient Monument Approval h. The Archeological survey of Indiahttp://asiegov.gov.in/ 9. The Establishment consent i. The Pollution control board https://mpcb.gov.in/node 10.NOC by Airport Authority of India j. The Civil Aviation Departmenthttps://www.civilaviat ion.gov.in/ 11.Borewell registration certificate k. The Central Ground Water Authorityhttp://cgwa- noc.gov.in/LandingPage/index .htm 12.NOC if project near the costal area l. The Coastal Zone Management Authorityhttps://mczma.gov.in / 13.The Lift Escalator Installation Approval 14.The Public Work Departmenthttps://pwd.maharasht ra.gov.in/ d. Project fund moniteering  Trace the project funds
  • 59.  How much is cost incurred?  How to take effect of cancellation and refund?  Hwo much fund will be required to complete the project?  Single or project wise multiple accoutns?  Books of accounts to be desinged in way that will answer all this questions e. Deposit of 70% funds  Amounts realised from the allottees towards real estate projects that is deposited in separate account maintained under schedule bank  Withdrawal reason should be pertaining to land cost and construction cost only  In proportion ot % completion of project f. Certificate for withdrawals of funds  Certificates to be collected from professionals such as project architect, engineer, chartered accountant in practice.  In proportion to % completion beofre the withdrawal is made  Advise on such certificates such as - Maximum amount that can be withdrawn - Method of determining the % of withdrawal for completion of project till date g. Audit  Statutory requirement of audit certificate from chartered accoutant within 6 months from close of financial year  CA to give certificate over - Amount collected for the project have been utilised for the same project - Withdrawal has been in complaince with the proportion to the % of completion of the project
  • 60. h. Routine compliance work  Updating the authority time to time as per the act and rules, regulations made thereunder by the concerned authority  Response to any clarification ask from authority  Supervising the book of accounts  Overall moniteering the activities and ensuring same within the framework of procedure i. Appearance before authority/tribunal  Guiding or assisting in case litigation invovles  Legally represent client in the capacity of CA/CA,CMA or Advocate G. Professionals eligibile for legal representation: The act under section 56 allows the aggrived person to be representated by any of the below mentioned professionals: q. Chartered accoutant r. Company secretary s. Cost accountant t. Legal practitioner / advocate The Real Estate Regulatory Authority that is estabished under section 20 (1) of the Real Estate (Regulation and Devlopment) Act, 2016 which is effective since 1st May 2017 is a fascinating field for this non-advocate professional in additional to lawyers to impart their expertise in order to assist Promoters as well as the Real Estate Agents and allottees. The act also provides for the establishment of the Real Estate Appellate Tribunal under section 43. The state government by invoking section 20 (1) and 43 established State Real Estate Regulatory Authorities and consequently the State Real Estate Appellate Tribunal respectively.
  • 61. Following are the opportunities provided under the Act to Chartered Accountants, Cost and Management Accountants, Advocates and Company Secretaries: A. To present the case before the Appellate Tribunal or the Regulatory Authority or the adjudicating officer; B. Drafting of Reply to show cause notice; appeal etc.; C. Assisting client in respect of filing of application for registration under the Act; D. Preparing up-to-date list regarding number and types of apartments or plots, garages booked; E. Assisting client in taking approvals which are pending subsequent to commencement certificate; F. Assisting client in obtaining completion certificate or the occupancy certificate; G. Assisting client in obtaining the lease certificate and any other certificates as and when required; H. Assisting client in preparing various documents, agreement and deed from time to time; I. Help in maintaining web page and providing information as are required to be mentioned on that web page; J. Providing consultancy/opinion with respect to various transaction under RERA and other laws; K. Provide assistance with regard to any other information and documents as may be demanded by the Authority; Valuation of projects under RERA. Duties of professionals legally representing their client:
  • 62. The professionals engaged as legal representatives by the parties to the complaint should make aware of all their rights and duties throughout the proceedings. To expedite the proceedings, an urgent precipe may be moved, also producing all the relevant documentation may avoid the unnecessary postponing of the hearing for reason want of production of same. The representative should responsibly serve necessary documents upon the other and take acknowledgment without fail so the practice of seeking additional time for serving the necessary copies be prevented, which can certainly fasten the hearing process. The legal representative along with the complainant should take an active role in convincing the presiding members of facts and claim completely, certain landmark judgments may be taken as support to strengthen the relief ask for. This appointed legal representative is permitted to appear before all of the below-listed forums as consented by the concerned party: a. before the Adjudicating Authorities under RERA in the process of complaint b. before the Real Estate Appellate Tribunal c. before the Conciliation and Dispute Resolution Forum d. before any other competent authority for any other purpose under the Real Estate (Regulation and Development) Act, 2016. When representative the party in court or any quasi judicial forum every person whether or not from a legal professional background must pledge to their client the following: a. that he shall protect client’s confidentiality b. that he will conduct proper study of law and provide expert advice c. protecting the best interest of their clinet and not conduct or do any act that will certainly jeopardize his client interest
  • 63. d. follow the procedural rules, maitain discipline and adhere to the law, ethics etc. e. to approach appropriate method that will help in deciding their client matter on merits Since the process of seeking relief may involve a lot of stages and approaching different forums, it advisable to keep the constant representatives like the person who has witnessed the matter from the very start is well familiar with the in and out of the matter, therefore it certainly helps in better representation before further forums. The representative should always seek the best interest of the party they are appearing for. Since the act permits several non-legal professionals to appear in proceedings, such a legal representative can inculcate the art of advocacy. There is always a chance of improvisation. The legal representative must be polite, non-insultive and most importantly they should be prepared with facts, active in filing replies, submission, should possess the knowledge of relevant decisions favoring their clients' case, and lastly, they should focus on how the proceeding be concluded without seeking less adjournment at the same time they should be attentive that the opponent or their representative may not seek unnecessary adjournments. The complainant has a right to ask for interim relief pending the final adjudication of the matter for instance if the complaint involves the compensation for delay in delivery of possession on part of the promoter, then the allottee may seek an interim relief of immediate possession of concerning apartments. The power of issuing interim orders is given under section 36 of the act. Further, the rules enacted by the respective state RERA contained the whole procedure of deciding the complaint by the authority. For instance MahaRERA
  • 64. under rule 6 of the Maharashtra Real Estate (Regulation and Development) (Recovery of Interest, Penalty, Compensation, Fine payable, Forms of Complaints and Appeal, etc.) Rules, 2017 provides a detailed procedure and manner to be effectuated when deciding a complaint by authority. A detailed description of such a procedure is provided below: a. RERA upon receipt of complaint application issues notices to the concerned opposite party (respondent) along with the detailed particulars of the alleged contravention and documents. Such notice has contained the details of the time and date of hearing fixed by the authority. b. On the day of hearing the authority introduced the respondent with the alleged contravention made under the act, rules, and regulations made thereunder. Certain possibilities may occure 1. Either the respondent plead guilty – in such case the authority passed the necessary order after recording the plea and imposed relevant penalty 2. Or the repsondent does not plead guilty- in such case the authority demand explaination from the respondent and hearing may continued for the purpose adjudication c. Upon the justification by the respondent the authority is of the view that no inquiry into the facts required it altogether dismiss the complaint d. However if in view of authority inquiry is to be made, the next hearing is to arrange wherein demand of production of documents and necessary evidence be made e. After a thorough analysis of facts, submissions, rejoinders, supporting evidence, the authority come to conclusion and either find the
  • 65. respondent guilty or not guilty under the alleged contravention, and pass the final order accordingly f. The authority even have the power to make ex parte order in the event when respondent absent in the proceedings g. The same procedure is to follow by the Adjudicating officer in deciding the application for claim of compensation h. Since the act under section 29 cast an obligation on part of the authority to dispose of the question come up before it in an expeditious manner that is within sixty days of the complaint, it certainly motivates for the fast track redressal of dispute. Dress and Discipline The RERA of every state have provided the Rules and Regulations provision of which more or less is same. From the procedural conduct point of view let’s take a look at the Maharashtra Real Estate Appellate Tribunal Regulations, 2019 The Maharashtra Real Estate Appellate Tribunal by invoking power under section 53(2) of the Real Estate (Regulations and Development) Act, 2016 have made this regulation with the intent to regulate its own practice and procedure. Under chapter IV of the Regulation, the Regulation 5 requires the legal representative if they have been prescribed a dress for appearing in their professional capacity before any Court, Tribunal or Appellate Tribunal or other such authority, may at their option, wear the same dress. PROCESS OF APPEAL: The Real Estate Appellate Tribunal established Chapter VII of RERA particularly section 43(1) are conferred with power decide an appeal against the order passed by RERA or an Adjudicating Authority. Sub section 5 of section 43 mandate that such appeal must be made within 60 days from the reciept of impugned order, however in the event when the appeal is moved by the
  • 66. promoter, it is an obligation upon him to deposite atleast 30% of the penalty including compensation that were imposed upon him. The process of filling an appeal is almost same to the filling of original complaint, since by that time the concerned is well knowledged with the practical conduct of the forum, he may make best possible use of it. The aggrived party must enclosed the imugned order which is to be challenged in the appeal with a precise point contesting the order/decision of the authority and stating why it is not justified. However if the person is not satisfied with the order of appellate tribunal he may proceed with another appeal in next higher authority which is the High Court under section 58 of RERA. Such appeal has to be made within 60 days. Chapter VI of the Regulation provides for the presentation of proceedings Regulation 9: Presentation of Proceedings i. All appeals to be instituted with the Tribunal shall be presented online in ‘Form C’ as prescribed. ii. Every appeal shall be accompanied by an appeal fee of Rs. 5000/- (Rupees Five Thousand) payable only online. iii. The hard copy of such appeals along with attachments shall be presented to the Office of the Registrar to the authorised person within seven (7) days from the date of online filing. On failure to submit hard copies within time, such appeals shall be notified by the Registry for dismissal for want of hard copies. iv. All other proceedings with attachments, if any, shall be instituted in the Office of the Registrar till the online system is in place. v. All proceedings to be presented to the Tribunal shall be in English and in case it is in some other language, it shall be accompanied by a true translation of the same in English and shall be legible, type-written or
  • 67. printed in double spacing with proper margin, duly paginated, indexed and stitched together in paper book form and shall be presented in triplicate. vi. The authorised official, on receipt of proceedings as per (ii), (iii) and (iv) above, shall affix the date and seal of the Tribunal on all pages under his initials and thereafter shall on the same day send to the Registrar. vii.Court fee stamps affixed on Vakalatnama, Letter of Authorisation and the documents shall be checked and entered after due cancellation in the Court Fee Register to be maintained as per the procedure. viii. In case of delay, if the last day of filing appeal falls on a holiday, that day and succeeding holidays shall be excluded for the purpose of reckoning the period of limitation. Appeal should be presented on the next working day succeeding the holidays from the last date of limitation. ix. On examination of appeals, if the Registrar finds the same in order he shall seek appropriate orders for allotment of appeal. Regulation 10. Documents to accompany Memorandum of Appeal i. Memorandum of Appeal with attachments with adequate number of copies to be served on respondents; ii. If appeal is presented through an Advocate, necessary Vakalatnama duly attested with necessary court fee stamp and Advocate Welfare Fund Stamp if applicable. Vakalatnama shall contain the address of the advocate with Enrollment Number, email ID, Mobile Number etc. for proper communication; iii. In the event a proceeding is filed by an authorised representative, chartered accountant, cost accountant or company secretary as provided in Section 56 of the Act, Power of Attorney or authority letter in original; iv. Certified copy of impugned order; v. All the documents shall be produced along with the list of documents (Form B);
  • 68. v. An application for condonation of delay when appeal is presented after expiry of period of limitation; vi. Other documents, if any in accordance with the law and rules framed thereunder. Furhter chapter IX of the Regulation providing for the mandate of Hearing appeal before the tribunal required that the the document which are not previously relied in complaint before the RERA shall not be produced at the time of filling the appeal unless an application for filling additional document or evidence, the same has to be considered by the appellate tribunal which also required to give proper opportunity to the other side. The act mandate a time limit of 60 days upon the tribunal to dispose the appeal [section 44(5)] Since all the appeal u/s 44 of the act to be filed before the Maharashtra Real Estate Appellate tribunal, to be in form c contained under the Regulation. For the ready referecne the format is given below: FORM C APPEAL TO APPELLATE TRIBUNAL Appeal under Section 44 For use of Appellate Tribunal's office: Date of filing: ______________________ Date of receipt by post: ______________________ Registration No.: ______________________ Signature: ________________________ Authorized Officer: ________________________ IN THE MAHARASHTRA REAL ESTATE APPELLATE TRIBUNAL (Name of place)
  • 69. Between ______________________ Appellant(s) And ______________________ Respondent(s) Details of appeal: 1) Particulars of the appellants: i. Name of the appellant: ii. Address of the existing office / residence of the appellant: iii. Address for service of all notices: iv. Contact Details (Phone number, e-mail, Fax Number etc.): 2) Particulars of the respondents: i) Name(s) of respondent: ii) Office address of the respondent: iii) Address for service of all notices: iv) Contact Details (Phone number, e-mail, Fax Number etc.): 3) a) Jurisdiction of the Appellate Tribunal: The appellant declares that the subject matter of the appeal falls within the jurisdiction of the Appellate Tribunal. b) Project Registration No: 4) Limitation: The appellant declares that the appeal is within the limitation specified in subsection (2) of section 44
  • 70. OR If the appeal is filed after the expiry of the limitation period specified under subsection (2) of section 44 specify reasons for delay _______________________________________________________________ 5) Facts of the case: (give a concise statement of facts and grounds of appeal against the specific order of the Authority or the adjudicating officer, as the case may be passed under section(s) _______________________________________ of the Act. 6) Grounds of Appeal: 7) Relief(s) sought: In view of the facts mentioned in paragraph 5 above, the appellant prays for the following relief(s) ________________________________________________. [Specify below the relief(s) sought explaining the grounds of relief(s) and the legal provisions (if any) relied upon] 8) Interim order, if prayed for: Pending final decision on the appeal, the appellant seeks issue of the following interim order:- [Give here the nature of the interim order prayed for with reasons] 9) Matter not pending with any other court, etc.: The appellant further declares that the matter regarding which this appeal has been made, is not pending before any court of law or any other authority or any other Tribunal(s). 10) Particulars of the fee in terms of sub-rule A(1) of rule 9: i. Amount ii. Mode
  • 71. 11) List of enclosures: i) An attested true copy of the order against which the appeal is filed ii) Copies of the documents relied upon by the appellant and referred to in the appeal iii) An index of the documents Verification I_________________________________ (name in full block letters) son / daughter of _____________________ the appellant do hereby verify that the contents of paragraphs (1 to 10) are true to my personal knowledge and belief and that I have not suppressed any material fact(s). Place: Date: Signature of the Appellant(s) PROCEDURE OF CONCILIATION IN RERA MATTERS The RERA is one such legislation which along with providing the transparency in the real estate transaction have sufficiently given boost the amicable solution of dispute. The State Real Estate Regulatory Authority under section 32 of the act have entrusted with a duty to faciliate measures to promote the conciliation of disputes between promoters and the allottees. It is in exercise of such power contained under section 32 (g) the State RERA have provided a conciliation forums however only Disputes between promoters and allotees which are under purview of Real Estate (Development and Regulation) Act 2016, Rules and Regulations made thereunder shall be admissible by the Forum.
  • 72. Nonethless this have opened yet another opportuntiy door for the professionals eligible to legally represent their client can appear before such conciliation forum. The Maharashtra Real Estate Regulatory Authority (MahaRERA) being one of the active amongst rest of State RERA have vide circular no. 15/2018 dated 29th August 2018 established the conciliation forum to exercise the function assigned under section 32(g) of the Act. The procedural conduct of the Conciliation Forum is given as below: a) Once the complaints are referred to Conciliation Forum by MahaRERA, the office bearers of the Conciliation Forum should first scrutinize the seniority of the said complaints and thereafter keeping its seniority intact, assign/distribute those complaints to the concerned functional Conciliation Benches. The assignment of not more than 10 complaints can be done at the initial stage. b) Once the matters are assigned to the bench, the concerned Conciliation bench shall issue notice of first hearing to the parties within a period of one week from the date of receipt of such assignment and the first hearing on such complaints should be conducted at least within 15 days. Only after disposal of the assigned complaints, next lot of 10 complaints can be assigned to the conciliation bench. c) In referred conciliation complaints all parties will be at_liberty to be represented through advocates / authorized representatives [CA, CA or CMA], before the Conciliation Forum. d) In the referred conciliation matters, if the parties arrive at any mutual agreement, in that event, the concerned Bench should record the said proceeding in the Roznama and should refer such complaints to MahaRERA within a period of one week together duly with signed conciliation terms. After placing such matters before the MahaRERA and only after passing final order by MahaRERA, the said complaint will be treated as closed/finally disposed of.