National Conference on Co-Operative Societies, Trusts, Organized by Institute of Chartered Accountants of India in Mumbai on August 3, 2013, Mumbai.
Ms. Neha Kumar gave a lecture on Cell phone/tower radiation hazards followed by interaction with Prof. Girish Kumar and Neha Kumar with more than 400 CAs from various parts of the country. Neha's presentation and first issue of Prof. Girish Kumar's Newsletter on Cell Tower Radiation Hazards are included in their proceedings
Presentation and first issue of Newsletter on Cell Tower Radiation are included in their proceedings Pg 48-70
Proceedings available at: http://cconpo.icai.org/wp-content/uploads/2012/06/Background-Material-for-National-Conference-on-Co-Operative-Societies-Trusts-Redevelopment-of-Properties-Legal-and-taxation-Aspects-held-on-3rd-4th-August-2013.pdf
Event Schedule:
http://cconpo.icai.org/wp-content/uploads/2013/05/National-Conference-on-Co-Operative-Societies-Trustrs-Redevelopment-of-Properties-Legal-and-Taxation-Aspects-on-3rd-4th-August-2013-at-Mumbai2.pdf
Pictures available at: http://neha-wilcom.blogspot.in/2013/09/national-conference-organized-by.html
All organizations have a purpose and want to be successful in attaining that purpose which why many are recognizing the importance of corporate governance and of having someone responsible for it within their organization. The article unfolds such a goldmine of opportunities of providing services under corporate governance and at the same time given a perspective of the concept at both national and international level.
Rating systems differ around the world, with the US relying on constitutional law, statutes, regulations, and common law, while India has ethical, moral, and contractual laws. Corporate governance aims to ensure companies are accountable to stakeholders and act in their best interests through transparency, fairness, and oversight of finances and leadership. Various regulations like the Companies Act and SEBI guidelines in India govern corporate governance, insolvency and bankruptcy, and the responsibilities of directors and shareholders.
corporate governance is booster in all aspects of activities cost reduction , profit maximization , it is relevant for NGO , Sole proprietor, partnership
Proactive and Imaginative Role of BCI in Legal EducationNilendra Kumar
Bar Council as a regulator has been assigned a distinct and significant role in legal education. Law colleges, legal practitioners and others connected with the profession, parliamentarians, and the citizen need to examine the performance of Bar Council so far and action, if any to be taken.
This document summarizes a report on compliance of Indian laws and policies with the UN Convention against Corruption (UNCAC) regarding private sector corruption. It finds that while India has no specific private sector corruption law, existing legislation is generally compliant with UNCAC. It recommends (1) creating legal liability for companies in corruption cases; (2) provisions for reduced sanctions for self-disclosure; (3) requiring large companies to have whistleblower/reporting mechanisms; and (4) enacting pending bills on foreign bribery and corporate governance. A survey found grassroots challenges like high work pressure and non-compliance with voluntary ethics codes. The report recommends addressing deviations in daily practice through incentives and sanctions to strengthen corporate integrity
This document provides a report on compliance of Indian laws and policies with the United Nations Convention against Corruption (UNCAC), with a focus on public procurement and public-private partnerships (PPPs). It finds that while the draft Public Procurement Bill of 2012 and Draft Rules for PPPs comply with UNCAC, there are still gaps at the practical level. It highlights challenges such as subjective interpretation of objective laws, lack of standard definitions, pre-identification of winners, and loopholes in project implementation. It recommends trainings to enhance awareness, reduce the number of vulnerable stages in procurement, and recognize business interests in PPPs to avoid paralysis in decision-making. A comprehensive approach balancing legislation and enforcement of ethics is needed
A full package professional guide with the added skill of financial expertise, regulatory and procedural compliance excellence are fitted for the role of mentoring the budding Agri-preneurs. They may seek the assistance of such professionals/experts in terms of guiding through compliance procedure, financial management and strategies, attracting investors with well business plan, so that they can freely focus upon the core business planning. The experts may help in understanding what type of skills entrepreneurs need at each stage of a mentoring relationship, that is, initiation, cultivation, separation, and redefinition stage.
Lectures for Basic Seminar on Cooperative DevelopmentGaphor Panimbang
This document provides an overview of cooperatives in the Philippines, including definitions, principles, laws and regulations, types of cooperatives, steps to form a cooperative, organizational structure, rights and responsibilities of members, and factors for success. Specifically, it defines a cooperative as a registered association of people with a common interest working together for economic or social goals. It also outlines the seven cooperative principles of voluntary membership, democratic control, limited return on capital, member economic participation, education and training, cooperation among cooperatives, and concern for community.
All organizations have a purpose and want to be successful in attaining that purpose which why many are recognizing the importance of corporate governance and of having someone responsible for it within their organization. The article unfolds such a goldmine of opportunities of providing services under corporate governance and at the same time given a perspective of the concept at both national and international level.
Rating systems differ around the world, with the US relying on constitutional law, statutes, regulations, and common law, while India has ethical, moral, and contractual laws. Corporate governance aims to ensure companies are accountable to stakeholders and act in their best interests through transparency, fairness, and oversight of finances and leadership. Various regulations like the Companies Act and SEBI guidelines in India govern corporate governance, insolvency and bankruptcy, and the responsibilities of directors and shareholders.
corporate governance is booster in all aspects of activities cost reduction , profit maximization , it is relevant for NGO , Sole proprietor, partnership
Proactive and Imaginative Role of BCI in Legal EducationNilendra Kumar
Bar Council as a regulator has been assigned a distinct and significant role in legal education. Law colleges, legal practitioners and others connected with the profession, parliamentarians, and the citizen need to examine the performance of Bar Council so far and action, if any to be taken.
This document summarizes a report on compliance of Indian laws and policies with the UN Convention against Corruption (UNCAC) regarding private sector corruption. It finds that while India has no specific private sector corruption law, existing legislation is generally compliant with UNCAC. It recommends (1) creating legal liability for companies in corruption cases; (2) provisions for reduced sanctions for self-disclosure; (3) requiring large companies to have whistleblower/reporting mechanisms; and (4) enacting pending bills on foreign bribery and corporate governance. A survey found grassroots challenges like high work pressure and non-compliance with voluntary ethics codes. The report recommends addressing deviations in daily practice through incentives and sanctions to strengthen corporate integrity
This document provides a report on compliance of Indian laws and policies with the United Nations Convention against Corruption (UNCAC), with a focus on public procurement and public-private partnerships (PPPs). It finds that while the draft Public Procurement Bill of 2012 and Draft Rules for PPPs comply with UNCAC, there are still gaps at the practical level. It highlights challenges such as subjective interpretation of objective laws, lack of standard definitions, pre-identification of winners, and loopholes in project implementation. It recommends trainings to enhance awareness, reduce the number of vulnerable stages in procurement, and recognize business interests in PPPs to avoid paralysis in decision-making. A comprehensive approach balancing legislation and enforcement of ethics is needed
A full package professional guide with the added skill of financial expertise, regulatory and procedural compliance excellence are fitted for the role of mentoring the budding Agri-preneurs. They may seek the assistance of such professionals/experts in terms of guiding through compliance procedure, financial management and strategies, attracting investors with well business plan, so that they can freely focus upon the core business planning. The experts may help in understanding what type of skills entrepreneurs need at each stage of a mentoring relationship, that is, initiation, cultivation, separation, and redefinition stage.
Lectures for Basic Seminar on Cooperative DevelopmentGaphor Panimbang
This document provides an overview of cooperatives in the Philippines, including definitions, principles, laws and regulations, types of cooperatives, steps to form a cooperative, organizational structure, rights and responsibilities of members, and factors for success. Specifically, it defines a cooperative as a registered association of people with a common interest working together for economic or social goals. It also outlines the seven cooperative principles of voluntary membership, democratic control, limited return on capital, member economic participation, education and training, cooperation among cooperatives, and concern for community.
Role of Private Universities in Legal Education Nilendra Kumar
Entry of private law colleges and schools has presented a scope for innovation and excellence in legal education. New areas of law study can be explored and societal needs met by designing latest curriculum taught by clinical modes. Use of adjunct faculty can be a force multiplier.
This document provides an introduction to conducting youth parliament programs. It discusses the importance of democracy and parliamentary procedure in India. The key points are:
1) Youth parliament programs aim to train students in democratic skills like debate, public speaking, and group decision making to better participate in civic life.
2) India has a long tradition of democracy dating back to ancient republics and village assemblies. The modern parliamentary system was adopted by the Indian constitution.
3) Familiarizing students with parliamentary procedure through mock sessions helps develop competencies for meaningful citizenship in India's democratic system.
Vajiram and Ravi - Current-affair- Magazine November 2021Vajiram Ravi
The document discusses the proposed All India Judicial Service (AIJS). Key points include:
- AIJS has been proposed since independence to improve quality and efficiency of subordinate courts through a centralized recruitment and training system.
- The bill would recruit additional district judges through a national exam with 25% in each state from the all-India cadre. However, states oppose ceding power over judicial appointments.
- Supporters argue AIJS will reduce vacancies, ensure uniform standards, and improve representation. Critics argue it will not solve shortage issues and threatens state autonomy and language representation.
- The document examines history of AIJS proposals, arguments for and against its creation, and judiciary's views on the issue. Overall it
The Philippine Cooperative Code of 2008 amended the 1990 Cooperative Code and was signed into law in 2009. It aims to foster cooperatives as vehicles for self-reliance and economic development. Key provisions include defining cooperatives based on cooperative principles, setting capitalization and membership requirements, establishing governance structures like the general assembly and board of directors, regulating financial reporting and auditing, and providing tax exemptions for member transactions. The code also recognizes new cooperative types and aims to promote their growth and viability through technical support and preferential policies.
Internship and Externship in Clinical Legal EducationNilendra Kumar
As part of clinical legal education in the field of ADR, the students are encouraged to witness and participate in the actual mediation, conciliation, negotiation and arbitration proceedings. This presentation is an effort to articulate the efforts needed by the faculty in this direction.
Mediation and Conciliation Process for Co-ops jo bitonio
The document outlines guidelines for conducting conciliation-mediation proceedings at the cooperative level to resolve disputes. It establishes a Conciliation-Mediation Committee that facilitates the settlement of disputes through conciliation or mediation. The guidelines describe the composition of the committee, procedures for filing complaints, conducting preliminary conferences and conciliation-mediation, and issuing certificates of settlement or non-settlement.
This document discusses key aspects of cooperative management including planning, organizing, staffing, leading, and controlling. It defines cooperatives and their principles. It outlines the organizational structure of cooperatives including roles of the general assembly, board of directors, and general manager. It also discusses characteristics of effective cooperative leadership and management practices.
Law faculty would hugely benefit by suitable adoption of various modes for teaching ADR to the students, both at undergraduate and postgraduate levels. This presentation would provide a road map in that direction.
Taxmann's International Taxation – A Compendium (Set of 4 Volumes)Taxmann
CTC’s International Tax Compendium is a collection of incisive & in-depth articles on international taxation, which serves as a reference manual and indeed, a practice guide for its readers. The current edition of the compendium is more current, more incisive, covers a broader range of topics, and like its previous three editions, promises to be another very useful tool for the following:
• Tax Professionals both in India and Overseas
• Judiciary and Tax administrators ought to find this a useful reference point both for technical analysis as well as for understanding the right perspective in which to view some of the international tax developments of the recent past.
This compendium will equip its readers with better knowledge and practical examples to be able to serve their clients better. The current edition of the compendium is a comprehensive four volumes set, containing approximately 5,200+ pages covering all major topics on the subject of International Taxation, such as:
• Amendments made in the Income-tax Act, 1961
• Changes introduced in the OECD Model Tax Convention, 2017
• Updates introduced in the OECD Model Commentary in 2017
• Updates introduced in UN Model Tax Convention in 2017
• Global Focus on combating Tax Evasion
• Initiation of various Anti Avoidance Measure and tightening of Anti Money Laundering Laws
• Implementation of Multilateral Instruments pursuant to the publication of the BEPS Action Plan Reports in October, 2015.
The Present Publications is the 4th Edition, covering 137 Articles authored by 200+ Experts. This Compendium is a balanced collection of articles by recognised experts in the field, by young as well as eminent professionals and also by experienced and knowledgeable Commissioners of Income-tax & Senior Ex- Revenue Officials. This book is divided into four volumes, and their contents (volume-wise) are listed below:
• Volume 1 & 2 contains articles explaining the following:
• Theme/basic concepts of Double Tax Avoidance Agreements
• Various Articles of Model Tax Convention
• Specific provisions of the Domestic Law dealing with the Taxation of Non-Residents and Cross-Border Transactions
• Volume 3 contains industry-specific articles such as:
• Taxation of Telecom Sector
• Broadcasting & Telecasting industries
• Electronic Commerce
• Foreign Banks, Offshore Funds, FII’s etc.
• Volume 4 contains articles on the following:
• FEMA and other Domestic Laws such as Prevention of Money Laundering Act, Foreign Contribution Regulation Act, Black Money Act, Benami Law
• Various Anti-Avoidance Measures & other specialised articles
This document discusses reforms to the neighborhood council stakeholder system in Los Angeles. It proposes defining the categories of "live, work, own property" stakeholders and considering limits on "factual basis stakeholders" who do not fit those categories, such as capping their board seats at 10% or requiring documentation to verify their stake in the community. Previous regulations are outlined for context. The motion at the end proposes a comprehensive review of the stakeholder definition and processes to address issues like preventing takeovers by outside interests and providing accountability for self-affirmed "factual basis stakeholders".
The speaker is inviting attendees to the 2014 ICMCI 2nd International Conference and Annual Meeting in Seoul, Korea in September. The speaker thanks the chairs of ICMCI and related organizations for organizing the current event on opportunities in Myanmar. The speaker then discusses the Korean Government Certified Consultant system, which involves multi-stage certification exams and provides consulting services to small-and-medium enterprises. Over 15,000 consultants are members of the association and assist with business development, training, policy proposals, and international cooperation. The speaker hopes attendees will join the conference in Seoul to further share experiences and knowledge.
The document provides an overview of cooperatives and the process for organizing a primary cooperative under Philippine law. Some key points:
- Cooperatives are voluntary organizations controlled democratically by members who have equal voting rights and contribute equitably to capital. They provide education and work together through cooperation.
- Organizing a primary cooperative requires at least 15 Filipino citizens over 18 who have common interests, reside in the intended area, and complete cooperative education. Articles of cooperation and by-laws are filed along with an economic survey.
- Cooperatives have juridical personality once registered by the Authority and last up to 50 years unless dissolved. Membership includes regular and associate types, with regular members having full rights and
Institute Of Chartered Accountants Of Indiaimran037
The Institute of Chartered Accountants of India (ICAI) was established in 1949 under the Chartered Accountants Act to regulate the profession of chartered accountancy in India. ICAI is governed by a council consisting of 40 members, 32 elected from among ICAI members and 8 appointed by the Indian government. ICAI plays an important role globally through involvement in international accounting organizations and has over 130,000 members today, growing significantly from just 1,600 at inception.
This document provides an overview of cooperative banking in India, with a focus on its origins, structure, and primary agricultural credit societies (PACS). It notes that cooperative banking began in India over a century ago to encourage thrift and mutual assistance. The structure consists of a three-tier system of PACS, district cooperative banks (DCBs), and state cooperative banks. PACS are struggling with high overdues and non-repayment of loans. DCBs occupy the middle level, providing loans and services to affiliated PACS and societies. The progress of PACS and DCBs in Kerala is also reviewed.
This document outlines the course contents for a course on cooperatives. It begins with an overview of the course description and objectives. It then details the various course contents which include the historical background of cooperatives from pre-Rochdale societies to the Rochdale Pioneers. It also discusses the history of cooperative laws and movements in the Philippines. Finally, it provides a detailed summary of Republic Act No. 6938, which is the law governing cooperatives in the Philippines. The document comprehensively covers the key topics and concepts to be learned in the course.
This document provides information about cooperatives, including their purpose, principles, and operational requirements. It discusses reasons for forming cooperatives such as addressing community issues like lack of jobs and income. It also summarizes the key principles of cooperatives based on the International Cooperative Alliance, including voluntary membership, democratic member control, member economic participation, autonomy and independence, education/training, cooperation among cooperatives, and concern for community. Additionally, it outlines requirements for cooperative registration and ongoing reporting obligations.
Legal education in India plays an important role in promoting social justice by educating "social engineers". Traditionally, law was not a popular field of study in India. However, with economic liberalization, the legal profession has expanded and additional roles for lawyers now include policy planning and advising foreign companies. Law schools need reforms like incorporating interdisciplinary topics, improving language skills, encouraging clinical training and developing a critical mindset in students to produce competent professionals for the modern era.
Implementing Rules and regulations of RA 9520jo bitonio
The revised implementing rules and regulations of the Philippine Cooperative Code of 2008 (RA 9520) highlight several key changes, including redefining certain terms, restricting the registration of multipurpose cooperatives, restructuring training requirements for cooperative officers, simplifying reporting requirements, and clarifying the roles of partner agencies in cooperative registration and regulation. The revisions also address subsidiary cooperatives, representative assemblies, mergers and consolidations, and capitalization and accounting procedures.
Cellular towers in the US are typically 50-200 feet high and emit low levels of radiation under 10 watts per channel. In India, towers can be as low as 5-10 feet high on buildings and transmit over 1000 watts of power due to higher antenna gains of over 10. International safety standards for radiation exposure vary widely, with India adopting the most lenient ICNIRP standard of 4.5 milliwatts per square meter while some countries and health organizations recommend limits over 100 times lower at 0.1 milliwatts or less.
Role of Private Universities in Legal Education Nilendra Kumar
Entry of private law colleges and schools has presented a scope for innovation and excellence in legal education. New areas of law study can be explored and societal needs met by designing latest curriculum taught by clinical modes. Use of adjunct faculty can be a force multiplier.
This document provides an introduction to conducting youth parliament programs. It discusses the importance of democracy and parliamentary procedure in India. The key points are:
1) Youth parliament programs aim to train students in democratic skills like debate, public speaking, and group decision making to better participate in civic life.
2) India has a long tradition of democracy dating back to ancient republics and village assemblies. The modern parliamentary system was adopted by the Indian constitution.
3) Familiarizing students with parliamentary procedure through mock sessions helps develop competencies for meaningful citizenship in India's democratic system.
Vajiram and Ravi - Current-affair- Magazine November 2021Vajiram Ravi
The document discusses the proposed All India Judicial Service (AIJS). Key points include:
- AIJS has been proposed since independence to improve quality and efficiency of subordinate courts through a centralized recruitment and training system.
- The bill would recruit additional district judges through a national exam with 25% in each state from the all-India cadre. However, states oppose ceding power over judicial appointments.
- Supporters argue AIJS will reduce vacancies, ensure uniform standards, and improve representation. Critics argue it will not solve shortage issues and threatens state autonomy and language representation.
- The document examines history of AIJS proposals, arguments for and against its creation, and judiciary's views on the issue. Overall it
The Philippine Cooperative Code of 2008 amended the 1990 Cooperative Code and was signed into law in 2009. It aims to foster cooperatives as vehicles for self-reliance and economic development. Key provisions include defining cooperatives based on cooperative principles, setting capitalization and membership requirements, establishing governance structures like the general assembly and board of directors, regulating financial reporting and auditing, and providing tax exemptions for member transactions. The code also recognizes new cooperative types and aims to promote their growth and viability through technical support and preferential policies.
Internship and Externship in Clinical Legal EducationNilendra Kumar
As part of clinical legal education in the field of ADR, the students are encouraged to witness and participate in the actual mediation, conciliation, negotiation and arbitration proceedings. This presentation is an effort to articulate the efforts needed by the faculty in this direction.
Mediation and Conciliation Process for Co-ops jo bitonio
The document outlines guidelines for conducting conciliation-mediation proceedings at the cooperative level to resolve disputes. It establishes a Conciliation-Mediation Committee that facilitates the settlement of disputes through conciliation or mediation. The guidelines describe the composition of the committee, procedures for filing complaints, conducting preliminary conferences and conciliation-mediation, and issuing certificates of settlement or non-settlement.
This document discusses key aspects of cooperative management including planning, organizing, staffing, leading, and controlling. It defines cooperatives and their principles. It outlines the organizational structure of cooperatives including roles of the general assembly, board of directors, and general manager. It also discusses characteristics of effective cooperative leadership and management practices.
Law faculty would hugely benefit by suitable adoption of various modes for teaching ADR to the students, both at undergraduate and postgraduate levels. This presentation would provide a road map in that direction.
Taxmann's International Taxation – A Compendium (Set of 4 Volumes)Taxmann
CTC’s International Tax Compendium is a collection of incisive & in-depth articles on international taxation, which serves as a reference manual and indeed, a practice guide for its readers. The current edition of the compendium is more current, more incisive, covers a broader range of topics, and like its previous three editions, promises to be another very useful tool for the following:
• Tax Professionals both in India and Overseas
• Judiciary and Tax administrators ought to find this a useful reference point both for technical analysis as well as for understanding the right perspective in which to view some of the international tax developments of the recent past.
This compendium will equip its readers with better knowledge and practical examples to be able to serve their clients better. The current edition of the compendium is a comprehensive four volumes set, containing approximately 5,200+ pages covering all major topics on the subject of International Taxation, such as:
• Amendments made in the Income-tax Act, 1961
• Changes introduced in the OECD Model Tax Convention, 2017
• Updates introduced in the OECD Model Commentary in 2017
• Updates introduced in UN Model Tax Convention in 2017
• Global Focus on combating Tax Evasion
• Initiation of various Anti Avoidance Measure and tightening of Anti Money Laundering Laws
• Implementation of Multilateral Instruments pursuant to the publication of the BEPS Action Plan Reports in October, 2015.
The Present Publications is the 4th Edition, covering 137 Articles authored by 200+ Experts. This Compendium is a balanced collection of articles by recognised experts in the field, by young as well as eminent professionals and also by experienced and knowledgeable Commissioners of Income-tax & Senior Ex- Revenue Officials. This book is divided into four volumes, and their contents (volume-wise) are listed below:
• Volume 1 & 2 contains articles explaining the following:
• Theme/basic concepts of Double Tax Avoidance Agreements
• Various Articles of Model Tax Convention
• Specific provisions of the Domestic Law dealing with the Taxation of Non-Residents and Cross-Border Transactions
• Volume 3 contains industry-specific articles such as:
• Taxation of Telecom Sector
• Broadcasting & Telecasting industries
• Electronic Commerce
• Foreign Banks, Offshore Funds, FII’s etc.
• Volume 4 contains articles on the following:
• FEMA and other Domestic Laws such as Prevention of Money Laundering Act, Foreign Contribution Regulation Act, Black Money Act, Benami Law
• Various Anti-Avoidance Measures & other specialised articles
This document discusses reforms to the neighborhood council stakeholder system in Los Angeles. It proposes defining the categories of "live, work, own property" stakeholders and considering limits on "factual basis stakeholders" who do not fit those categories, such as capping their board seats at 10% or requiring documentation to verify their stake in the community. Previous regulations are outlined for context. The motion at the end proposes a comprehensive review of the stakeholder definition and processes to address issues like preventing takeovers by outside interests and providing accountability for self-affirmed "factual basis stakeholders".
The speaker is inviting attendees to the 2014 ICMCI 2nd International Conference and Annual Meeting in Seoul, Korea in September. The speaker thanks the chairs of ICMCI and related organizations for organizing the current event on opportunities in Myanmar. The speaker then discusses the Korean Government Certified Consultant system, which involves multi-stage certification exams and provides consulting services to small-and-medium enterprises. Over 15,000 consultants are members of the association and assist with business development, training, policy proposals, and international cooperation. The speaker hopes attendees will join the conference in Seoul to further share experiences and knowledge.
The document provides an overview of cooperatives and the process for organizing a primary cooperative under Philippine law. Some key points:
- Cooperatives are voluntary organizations controlled democratically by members who have equal voting rights and contribute equitably to capital. They provide education and work together through cooperation.
- Organizing a primary cooperative requires at least 15 Filipino citizens over 18 who have common interests, reside in the intended area, and complete cooperative education. Articles of cooperation and by-laws are filed along with an economic survey.
- Cooperatives have juridical personality once registered by the Authority and last up to 50 years unless dissolved. Membership includes regular and associate types, with regular members having full rights and
Institute Of Chartered Accountants Of Indiaimran037
The Institute of Chartered Accountants of India (ICAI) was established in 1949 under the Chartered Accountants Act to regulate the profession of chartered accountancy in India. ICAI is governed by a council consisting of 40 members, 32 elected from among ICAI members and 8 appointed by the Indian government. ICAI plays an important role globally through involvement in international accounting organizations and has over 130,000 members today, growing significantly from just 1,600 at inception.
This document provides an overview of cooperative banking in India, with a focus on its origins, structure, and primary agricultural credit societies (PACS). It notes that cooperative banking began in India over a century ago to encourage thrift and mutual assistance. The structure consists of a three-tier system of PACS, district cooperative banks (DCBs), and state cooperative banks. PACS are struggling with high overdues and non-repayment of loans. DCBs occupy the middle level, providing loans and services to affiliated PACS and societies. The progress of PACS and DCBs in Kerala is also reviewed.
This document outlines the course contents for a course on cooperatives. It begins with an overview of the course description and objectives. It then details the various course contents which include the historical background of cooperatives from pre-Rochdale societies to the Rochdale Pioneers. It also discusses the history of cooperative laws and movements in the Philippines. Finally, it provides a detailed summary of Republic Act No. 6938, which is the law governing cooperatives in the Philippines. The document comprehensively covers the key topics and concepts to be learned in the course.
This document provides information about cooperatives, including their purpose, principles, and operational requirements. It discusses reasons for forming cooperatives such as addressing community issues like lack of jobs and income. It also summarizes the key principles of cooperatives based on the International Cooperative Alliance, including voluntary membership, democratic member control, member economic participation, autonomy and independence, education/training, cooperation among cooperatives, and concern for community. Additionally, it outlines requirements for cooperative registration and ongoing reporting obligations.
Legal education in India plays an important role in promoting social justice by educating "social engineers". Traditionally, law was not a popular field of study in India. However, with economic liberalization, the legal profession has expanded and additional roles for lawyers now include policy planning and advising foreign companies. Law schools need reforms like incorporating interdisciplinary topics, improving language skills, encouraging clinical training and developing a critical mindset in students to produce competent professionals for the modern era.
Implementing Rules and regulations of RA 9520jo bitonio
The revised implementing rules and regulations of the Philippine Cooperative Code of 2008 (RA 9520) highlight several key changes, including redefining certain terms, restricting the registration of multipurpose cooperatives, restructuring training requirements for cooperative officers, simplifying reporting requirements, and clarifying the roles of partner agencies in cooperative registration and regulation. The revisions also address subsidiary cooperatives, representative assemblies, mergers and consolidations, and capitalization and accounting procedures.
Cellular towers in the US are typically 50-200 feet high and emit low levels of radiation under 10 watts per channel. In India, towers can be as low as 5-10 feet high on buildings and transmit over 1000 watts of power due to higher antenna gains of over 10. International safety standards for radiation exposure vary widely, with India adopting the most lenient ICNIRP standard of 4.5 milliwatts per square meter while some countries and health organizations recommend limits over 100 times lower at 0.1 milliwatts or less.
The document discusses how the Earth's appearance has changed over time due to plate tectonics and continental drift. It describes how the Earth's crust is made up of plates that slowly move around, occasionally pushing underneath each other or colliding. When plates collide, it can cause mountain ranges to form or ocean trenches to deepen. The movement of plates over hundreds of millions of years has caused continents to drift apart or smash together, changing the configuration of land and oceans and resulting in significant changes to the Earth's appearance compared to the distant past.
This document describes a mobile game that guides tourists on a guided tour of the old town of Tallinn, Estonia. The objective is to discover and visit as many of Tallinn's 41 towers and gates as possible. Alternative objectives include completing the tour as fast as possible, answering test questions correctly, finding existing and missing towers, visiting museums and cafes, enjoying parks and nature, and creating GPS art by recording your path. Players use their smartphone and mobile data to access information about locations, answer questions, and share their experiences on social media using the hashtag #TalTow.
Harmful effects of mobile phone and mobile tower radiation - Avishkar Magazin...Neha Kumar
Harmful effects of cell phone and cell tower radiation - Avishkar Magazine ( Hindi ), July 2014
by Prof. Girish Kumar and Dr. D.D. Ojha
The harmful effects of cell phone and tower radiation are highlighted along with effect on environment and suggestions to take corrective measures
The document discusses the health risks of radiation from cell phones and cell towers. It begins by outlining the principles of microwave heating and how radiation is absorbed by the human body. It then examines international radiation exposure standards and guidelines, many of which are more stringent than what is adopted in India. Measurements taken near cell towers and inside homes show radiation levels far exceeding what is considered safe in other countries. The document raises concerns that current safety guidelines are inadequate and do not protect against non-thermal biological effects of low-level long-term exposure to radiation.
The document discusses whether radiation from cell phone towers is dangerous to human health. It provides an overview of cell phone towers and the microwave radiation they emit. It also discusses several studies that have linked cell tower radiation exposure to health issues like cancer, neurological problems, and birth defects in humans and animals. However, it notes there is still debate around the issue and more research is needed to understand the health risks. It also discusses some of the myths around the risks of cell tower radiation.
What are the guidelines for installation of mobile towers across the countryThe Radiation Doctor
The Department of Telecommunications in India has established strict regulations for installing mobile towers that mandate power emission levels, minimum distances from houses and buildings, and emission limits that are ten times stricter than international norms. Telecom enforcement units conduct random audits of operators to ensure emission levels below 0.45 watts per square meter at 900 MHz, and operators found exceeding this strict Indian limit can be fined Rs. Ten Lakhs per incident.
The document summarizes the issues of electronic pollution and e-waste. It discusses two main problems - e-waste and electronic radiations. E-waste is generated from discarded electronic equipment and contains toxic heavy metals like lead, cadmium, and mercury. Case studies from China, Bangalore, and Germany show the increasing amounts of e-waste and higher cancer rates near cell phone towers. The document also lists effects of electromagnetic radiation from devices and recommends measures to reduce radiation exposure.
IIT professor builds device to reduce risk of radiationNeha Kumar
DNA - Tuesday, February 9, 2010
How to shield your building from the harmful affects of radiation? Ask Girish Kumar, the IIT Bombay professor, who has invented a shield that can be installed in concrete structures to block radiation.
This document discusses the history and development of the telecom industry in India from 1881 to 2012. It covers the key milestones like the establishment of the first telephone service in 1882, the opening up of the sector to private investment in 1990s, and the rapid growth in subscribers from 28.53 million in 2000 to over 943 million in 2012. The regulatory reforms from 2000-2011 are also summarized into three phases that encouraged competition and brought more choices for consumers.
The document discusses the ill effects of radiation from mobile towers, including:
1) It can damage the brain blood barrier, DNA, and increase cancer and infertility risks, especially for children and pregnant women.
2) Exposure near mobile towers is linked to neurological diseases like Alzheimer's and Parkinson's.
3) Studies show mobile tower radiation may negatively impact trees, bees, and birds and their ability to navigate and breed properly.
4) The government has initiated monitoring of mobile tower radiation levels and imposing penalties for exceeding limits but there are still concerns about long term low-level exposure risks.
The Blue Brain Project aims to reverse engineer the mammalian brain down to the molecular level using supercomputers like IBM’s Blue Gene. The initial goal was to simulate a rat cortical column containing 60,000 neurons. Long term goals include fully simulating the human brain, which project director Henry Markram predicted could be done within 10 years. The Blue Brain Project uses detailed biophysical models and supercomputing power to better understand brain function and intelligence through highly detailed brain simulations.
Cell Tower Radiation Danger and Solutions Proposed to Government - Prof. Giri...Neha Kumar
This document discusses the dangers of radiation from cell towers in densely populated areas like Mumbai. It summarizes research showing links between cell phone radiation and cancers like glioma and acoustic neuroma. Measurements near homes in Mumbai found radiation levels exceeding international safety limits. The document recommends reducing cell tower transmission power and relocating towers to lower radiation levels near homes to below 100-1000 microW/m2. However, telecom operators may be reluctant to incur costs of adding towers or transmission equipment.
Radiation pattern of a cell tower antennaNeha Kumar
Radiation Pattern from the cell tower Antenna has been drawn for basic understanding of a radiation pattern.
Page1:
This diagram was mainly used to describe why on a certain building the radiation levels vary from one apartment(say 7th floor) to the apartment above or below (6th and 8th floor) in a building at Khar (West), Mumbai.
The radiation pattern of a cell tower antenna is defined by its lobes. Radiation will be highest from the primary lobes in the horizontal direction. There is also radiation from secondary lobes.As seen in the figure, the readings that will be taken in between the lobes will be much lesser.
As seen the figure, the radiation will also be high vertically downward from the secondary lobes. This is what most mobile operaters hide or are not aware of in India.
Page 2:
Distance is another critical factor. The power density varies by (1/R2), where is R is the distance. People living within 50-300meter radiaus are in the high radiation zone. This data has been taken from a another country outside India. In the US for example, residential areas generally have amplifiers of 1-2 W. However in India, in many places even 100 to 200W of amplifiers are used and their are clusters of antennas from multiple operators on the roof top of several residential and office premises.
Page 3:
Simulated radiation pattern of a cell tower antenna from Prof. Girish kumar, IIT Bombay.
Page 4:
USHA KIRAN BUILDING - several cancer cases
Through the help of the above typical radiation pattern, let’s analyze the news reported in Mid-day, Mumbai dated Jan. 3, 2010, which stated - “Mumbai's swanky Usha Kiran building says the four cancer cases there could be linked to mobile towers installed on the facing Vijay Apartments”. The picture taken from the Usha Kiran building of the several antennas installed on the seventh floor of Vijay Apartments is shown in Fig. pn Page 4. People living in the 6th, 7th and 8th floor in the opposite building will get maximum radiation as they are in the main beam direction. People living on the other floors will receive lesser radiation as beam maxima is reduced considerably as can be observed from vertical radiation pattern. In the horizontal direction again, people living in the front side of the antenna will receive much higher radiation compared to people living in the back side of antenna.
http://www.mid-day.com/news/2010/jan...
Recently (as on Jan 2011) two more cancer cases have been reported on the 5th and on the 10th floor.
Gujarat High Court judgment on Reliance Jio 4G towerFlame Of Truth
Gujarat high court on Friday directed the state government and the Centre to create public awareness that they have no reason to fear the emission of radio active waves from mobile tower. The HC ordered so with observation that the use of the mobile phone, AM Radio, FM Radio etc. is more harmful to the human beings compared to the power emission from the Base Transceiver Stations and that of mobile towers...
The document provides an overview of the Indian telecom industry and market. It discusses key highlights including:
1) India has experienced rapid economic growth in recent years and its telecom sector is one of the fastest growing, contributing significantly to GDP.
2) The Indian telecom market has over 700 million subscribers currently and continues growing steadily, though ARPUs are declining with increased competition.
3) While the market is dominated by the top six players, competition remains high and recent developments like 3G spectrum auctions and the rollout of mobile number portability bring both opportunities and challenges for operators.
The telecom industry in India is the second largest in the world based on total telephone users. It includes various technologies for transmitting voice, data, and video over long distances, such as telephony, the internet, television broadcasting, and satellites. In India, the telecom sector has grown significantly in recent decades, with over 300 million internet connections as of 2015. The industry is dominated by private companies but also includes state-run businesses. The future of the industry is expected to see continued growth in internet and mobile users, as well as disruption from new technologies and the integration of content.
This document discusses accounting and financial reporting procedures for special authorities set up under central or state acts in India. It outlines that each authority has its own governing act and rules that define procedures for accounting, budgeting, investments and preparing annual financial statements. The acts generally prescribe formats for the balance sheet, income/expenditure statement and notes to accounts. While some authorities use the prescribed format, others prepare statements in accordance with Schedule VI of the Companies Act for comparison. The document provides an example of accounting requirements for the Airports Authority of India from its governing act.
1. Cooperatives provide economic and social benefits to members by meeting common needs through jointly controlled enterprises. They have become major business players worldwide.
2. Individual producers often lack bargaining power and resources, making it difficult to access loans, inputs, markets and services. Cooperatives address these issues by allowing members to pool resources and benefit from economies of scale.
3. Forming a cooperative requires identifying member needs, conducting feasibility studies, drafting bylaws, registering the cooperative, and maintaining accurate record keeping. Proper planning helps cooperatives operate successfully by meeting needs, ensuring member control, achieving sufficient business volumes, and utilizing competent management.
This document is a report by the High Powered Committee on Cooperatives from May 2009. It provides an introduction to cooperatives in India, outlining their history and envisioning their future. It discusses the problems and challenges faced by the cooperative sector. It then provides suggestions for amendments to laws governing cooperatives, including the constitution and Multi-State Cooperative Societies Act. Finally, it outlines the committee's recommendations for strengthening the cooperative movement in India. The report emphasizes the continued relevance of cooperatives, especially for marginalized groups, and hopes its recommendations will lead to strong, healthy growth of cooperatives.
QUICK REVIEW OF LEGAL AND POLICY ENVIRONMENT FOR CORPORATE PHILANTHROPY AND P...Thành Nguyễn
This study was conducted by a consultancy team including Dr. Han Manh Tien (team leader), Dr. Nguyen Thi Thu and Ms. Le Thi Hai Yen. The consultant team would like to express
our sincere thanks and appreciation to The Asia Foundation.
During the consultancy implementation, we would not have obtained the results as expected without the continuous support and consultancy of the Social Development and Gender team at The Asia Foundation office in Vietnam.
The President's message discusses various initiatives undertaken by ICWAI in the past month. It summarizes the sovereign debt crisis in Europe and its potential impact on India. It highlights ICWAI's participation in international conferences on sustainability and accounting standards. Domestically, it discusses workshops held on the new Cost Accounting Records and Cost Audit rules and initiatives to expand the institute's outreach through newspaper advertisements. The President also notes the launch of an online registration system for students and an MOU signed with the UK-based CISI to provide membership opportunities for ICWAI members.
This document provides an overview of the role of cooperative societies in poverty alleviation in Nigeria. It discusses the background and history of cooperatives in Nigeria dating back to the early 20th century. It outlines the objectives of the study as determining the pros and cons of the cooperative movement, and how cooperatives can empower members by providing credit and opportunities to start businesses. The significance and limitations of the study are also mentioned.
Corporate Governance ensures that the business of a firm is conducted in an ethical manner in compliance with the laws, rules, and regulations and the industry's best practices. A company’s corporate governance is important to investors since it shows a company’s direction and business integrity.
The document discusses the Pre-Membership Education Seminar for Santa Monica Credit Cooperative. It provides an overview of why PMES are required by law, the functions of the Cooperative Development Authority, and an introduction to cooperative principles and types. It then describes the purpose, objectives, membership options, registration process, activities, and loan services of Santa Monica Credit Cooperative.
Customs Broker:
New Paradigm New Opportunities New League
The Convention is a great platform:
1. You get updates of the sector with insight from experts
2. The knowledge sessions give you an in depth overview of the business and will help you chart the course for future.
3. Networking opportunities in a structured format and Trade Fair are part of the convention
4. While we take our business sessions seriously, for the family, the accompanying person programmes and traditional hospitality means ... great Entertainment, Fine Spirits and multi cuisine meals with live counters. Even for breakfast you’ll relish one of the largest spread. As most of us are families in business, we’ll have session for entire family on topics related to wealth management and family business issues.
‘Customs Broker: New Paradigm, New Opportunities, New League’ is the convention theme this time. The theme is both topical and apt for the phase we’re passing through as an industry. The business sessions will help you to help yourselves, unfold the emerging situation, get multiple perspectives with insight into global practices and will help you chart the way forward.
One of the great paradoxes of life is that, though we as humans generally like stability and resist change, it is only through change and adversity that we can grow and progress. In a day and age when change is completely pervasive in life, the current norm will likely be obsolete in just a few years—sooner, in many cases. The new Avatar of the ‘Customs House Agent’ as ‘Customs Broker’ will not be namesake. As much as Change is inevitable, each Change brings New Opportunities, and the Customs Brokers will need to look for New Horizons. Historically, the Customs Brokers have been adaptive species with an aptitude for attitudinal change and courage to face the reality. They have equipped themselves with the capabilities including professional infrastructure of well-trained and professional staff.
It is time ripe for each Customs Broker to ‘Create History’, and thus the theme - Customs Broker: New Paradigm, New Opportunities, New League.
The ‘Customs Broker’, aka ‘Custom House Agent’ has always been an important catalyst, playing a crucial role in facilitating trade around the World. Vast expansion in International Trade owes much to a revolution in transport sector and communications sector; equally, it owes to the international trade related professions, particularly those that facilitated the regulatory compliance as a bridge between the Customer and the Authorities. The Customs Broker has played a pivotal role, offering not just service of customs clearance, but in addition meeting every conceivable need of the customer by providing a wide array of complete logistics solutions packaged with other value- enhancing services and by assisting customers in duty drawback, trade and tariff matters, and further bringing about substantial synergies.
The Mozambique-Nigeria Chamber of Commerce (CAMOZINI) aims to strengthen economic, social, and cultural ties between Mozambique and Nigeria. It seeks to facilitate trade, investment, and skills exchange between the countries in sectors like agriculture, mining, energy, and education. CAMOZINI will promote partnerships between businesses and help procure financing for projects. It will organize forums, tours, and training to connect entrepreneurs and share opportunities between the two nations. The Chamber intends to partner with governments to achieve mutual goals and deliver prosperity to citizens of both countries.
The Mozambique-Nigeria Chamber of Commerce (CAMOZINI) aims to strengthen economic, social, and cultural ties between Mozambique and Nigeria. It seeks to facilitate trade, investment, and skills exchange between the countries in sectors like agriculture, mining, energy, and education. CAMOZINI will organize events like conferences and tours to connect businesses, provide resources to members, and advocate for policies that benefit both countries' economies and citizens. Its goals are to create jobs, share business opportunities, and promote wealth creation through entrepreneurship, especially among youth.
International Federation of Accountants-IFACSultan Mahmood
The International Federation of Accountants (IFAC) is the global organization for the accountancy profession, established in 1977. It has over 175 member organizations representing almost 3 million accountants globally. IFAC develops high-quality international standards, promotes their adoption, builds capacity, and advocates on public interest issues related to auditing, assurance, ethics, education, and public sector accounting. It is governed by a Council and overseen by independent standard-setting boards and committees.
Proposal for establishing national investment clubs associationOjijo P
This is a concept note, with supporting appendices, for the establishment of a national association of investment clubs. The work is proposed to be done by the consultant, Ojijo Pascal, an expert, with experience in financial literacy training for over 6 years, member of bank of Uganda financial literacy advisory group, and founding director and main consultant for setting up of investment clubs association of Uganda. He is also an author of the first book on investment clubs in East Africa, Making Money Together: Ojijo’s Investment Clubs Manual. This proposal lists the methodology, timeline, and resources needed to set up the association.
A project on analysis of derivatives and stock broking at apollo sindhooriBabasab Patil
This document provides an analysis of derivatives and stock broking at Apollo Sindhoori Capital Investment Ltd. It discusses derivatives such as futures and options, and the role of stock broking in the capital market. It also describes ASCI Computer Share Private Ltd., a joint venture that provides registry management services. The objectives of the analysis are to understand derivatives products and trading, the stock broking process, and the services offered by ASCI. Methodology includes collecting primary data from ASCI clients and secondary data from websites, magazines and newspapers.
Legal memorandum on proposed investment clubs actOjijo P
Following a research study commissioned by the Competitiveness Secretariat , Ministry of Finance, on The Status of Investment Clubs in Uganda (report is herein attached), one of the main recommendations, both from country study, and from the practice in Kenya, is the need for an independent legal structure for investment clubs, separate from companies, societies, associations, partnerships, or cooperatives. This memorandum of legal opinion analyses the current law regulating collective investment schemes in Uganda, with specific reference to self managed collective investment schemes, and finds that there is a gap that can only be filled by a sui generis piece of legislation that specifically addresses investment clubs, and that is cognizant of its capitalization; dynamism in membership joining and leaving; taxation proposition; and fund management.
The memorandum proposes that a new act, Investment Clubs Act, be pronounced, to provide for, inter alia, pass through taxation of investment clubs members earnings; limit investment clubs from carrying out fund management activities; provide for capitalization of investment clubs accounts; provide for businesses of engagement; provide for manner of legal registration of investment clubs under business registry; and provide for winding up of investment clubs.
It adopted, the creation of a new statute will ensure quick and legal registration of investment clubs and promote the safety, and growth of members assets within recommended legal and regulatory framework.
The document summarizes the 18th World Congress of Accountants held in Kuala Lumpur, Malaysia. Some key details:
- A record-breaking 6,050 delegates from 134 countries attended, far surpassing the 81 attendees at the first congress in 1904.
- The theme was "Accountants: Sustaining Value Creation" which focused on sustainability and integrated reporting.
- Speakers from over 40 countries discussed topics like integrated reporting, standards convergence, and challenges for small accounting practices.
- Sustainability initiatives included providing reusable water bottles and contributing funds to plant 600 trees to offset carbon emissions.
- The congress brought together accounting leaders and organizations from around the world to discuss issues facing the
The document summarizes the 18th World Congress of Accountants held in Kuala Lumpur, Malaysia. Some key details:
- A record-breaking 6,050 delegates from 134 countries attended, far surpassing the 81 attendees at the first congress in 1904.
- The theme was "Accountants: Sustaining Value Creation" which focused on sustainability and integrated reporting.
- Speakers from over 40 countries discussed topics like integrated reporting, standards convergence, and challenges for small accounting practices.
- Sustainability initiatives included providing reusable water bottles and contributing funds to plant 600 trees to offset carbon emissions.
- The congress brought together accounting leaders and organizations from around the world to discuss issues facing the
Submission to the accc in response to its guide on collecting societiesAlex Malik
There is a great deal of confusion by members of the public regarding the roles, functions, authority and activities of collecting societies. Any guide which purports to reduce this level of confusion is a positive development.
Organizer For Essay Writing - Graphic Organizers For EScott Bou
This document provides instructions for requesting essay writing help from the HelpWriting.net website. It outlines a 5-step process: 1) Create an account with a password and email. 2) Complete a 10-minute order form providing instructions, sources, and deadline. 3) Review bids from writers and choose one. 4) Receive the paper and authorize payment if pleased. 5) Request revisions until satisfied, with a refund option for plagiarized work. The process aims to match clients with qualified writers and ensure satisfaction.
Similar to National Conference organized by ICAI - Cell Tower Radiation Hazards (20)
Prof. Girish Kumar's 3rd Newsletter on Cell Tower Radiation Hazards and Solut...Neha Kumar
Prof. Girish Kumar's 3rd Newsletter brings forward a lot of hidden facts that the Cell Industry has been trying to hide. Facts that as users everyone must be aware about.
Highlights:
# Comments on book - "Mobile Phones and Public Health - Myth and Reality",
# Effects of cell phone/tower radiation on:
- DNA damage leading to cancer
- Infertility
- Hearing loss
- Vision impairments, etc.
# WHO's latest comments on cell towers
# Wi-Fi ban in schools in many countries
# Recommendations for more stringent classification of cell phone/tower radiation as a carcinogen.
Prof. Girish Kumar's comments on "DOT Report for Allahabad HC" on EMF Radiati...Neha Kumar
Prof. Girish Kumar's good work on Cell Phone and Cell Tower Radiation Hazards is being sidelined by telecom representatives and the facts are being twisted.
In this report Prof. Girish Kumar's has summarized his comments in blue colour.
Prof. Girish Kumar's comments ON Report of the Committee Constituted as per direction of Hon’ble High Court Allahabad, Lucknow Bench in its order dated 10.01.2012 in writ petition No. 11275 (M/B) of 2010
ON ISSUES RELATED TO EMF RADIATION
Highlights:
- Prof. Girish Kumar' calculations are twisted by the commitee and presented wrongly.
- They have forcefully written "Prof. (Dr.) Girish Kumar has agreed that all these factors have not been considered in the calculations given by him".
> However the truth is - He did not agree with the committee but they chose to write for the reason best known to them.
- They have mentioned "currently there is no CONCLUSIVE scientific evidence which establishes that EMF has harmful non-thermal effects".
> However Prof. Kumar has repeated presented the BIO-INITIATIVE report 2012 which has given references of 3800 scientific research papers but committee chose to ignore all the time due to reasons best known to them.
- They have mentioned "so far, no conclusive evidence on adverse health effects by EMF radiation from mobile handset has been found internationally by World Health Organization (WHO)."
> No conclusive evidence does not mean no evidence. WHO accepted cell phone as possibly Carcinogen in 2011, where as earlier they had not classified as Class 2B. The reason is that radiation hazards are cumulative in nature and as usage is increasing with time, larger number of people are reporting health hazards.
- They have mentioned "In order to implement the EMF radiation norms, DoT has prescribed a procedure to be followed by the telecom service providers. To oversee the implementation, DoT through its 34 field units, known as TERM units, takes self-certificates for compliance of EMF norms by the operators and conducts regular audit of the EMF radiation exposure from the mobile towers as per the prescribed procedure".
> Self certification is not good. Also, audit of only 10% of sites is done
Prof. Girish Kumar's 2nd Newsletter on Cell Tower Radiation Hazards and Solut...Neha Kumar
ell Phone/ Tower Radiation Hazards and Solutions
Newsletter, Bi-Monthly; Volume 2, September - October 2013
by Prof. Girish Kumar, IIT Bombay
Highlights:
# Juhi Chawla's message on cell phone radiation
# Guidelines by Government (DOT) not sufficient to protect people
# What cell operators and their representative say
# Harmful effects of Cell Towers on side walls or top of your building
Predicted exponential growth in health hazards
# ICNIRP Funding - Questioned by large number of people
# Bioinitiative Report - The most authetic report
# Precautions to reduce exposure to the radiation from mobile phones
# Cell Tower Radiation Readings - Safe and High - Radiation Scale
Interpretation of Cell Tower Readings Measured by TERM Cell / TCIL vs. Safe l...Neha Kumar
This document discusses cell tower radiation measurements and safety standards. It notes that while measurements in India indicate radiation levels are within government standards, these standards are much higher than what is considered safe for health. Readings as low as 0.1 mW/sq.m have been associated with health issues, whereas standards allow levels over 100 times higher. Adopting stricter safety guidelines closer to the recommended safe levels is important to protect public health from long term exposure to cell tower radiation.
The document discusses the biological effects of electromagnetic radiation from cell phones and cell towers. It notes that cell phones and towers emit electromagnetic radiation that can cause significant health hazards to humans, animals, plants and the environment. It provides information on radiation levels from cell towers and calculates the power absorbed by the human body from such radiation, noting it exceeds international safety guidelines. The document outlines several biological effects of this radiation exposure including sleep issues, headaches, concentration problems, and increased cancer risk. It expresses health concerns with current safety standards and guidelines.
MOBILE PHONE & MOBILE TOWER RADIATION HAZARDS Neha Kumar
The document discusses the principles and health effects of electromagnetic radiation from cell phones and cell towers. It outlines the presentation which covers cell phone advantages and disadvantages, microwave heating principles, cell phone radiation absorption rates, cell tower antenna radiation patterns, international radiation norms, and conclusions. It provides information on specific absorption rate limits, cell phone use time limits, radiation measurement results near towers, biological effects of radiation like sleep issues and cancer risks, and concerns with current safety guidelines.
Cell Phone and Cell Tower Radiation NormsNeha Kumar
Better Radiation Norms for Cell Phones/Cell Towers - Prof. Girish Kumar , IIT Bombay
Presentation at Bombay Telephone User’s Association ( BTUA ), Mumbai on Jan 2010 - Consumer Awareness and Radiation Health Hazards from cell phones and mobile towers - Myth or Reality
The Indian government has adopted the ICNIRP guidlenes for cell tower radiation exposure which are the worst in the world. Several health effects have been reported much below these ICNIRP guidelines.
The ICNIRP state that these guidelines are only for short term exposure and considers only thermal effects and does not take account non thermal effects which are more harmful and occurs much below thermal effects. According to our calculations the ICNIRP guidleines implies that a human body can be safely kept in a microwave oven for 1166 secs = 19 minutes per day!! (see presentation for calculations)
In USA, max. SAR limit for cell phones is 1.6W/Kg which is for 6 minutes. It has a safety margin of 3 to 4, so a person should not use cell phone for more than 18 to 24 minutes per day. This information is not commonly given to users.
In Usha Kiran Building, Worli four cancer cases were reported until now from cell phone towers on the opposite building at about 50 meter. However, in the event one of the residents mentioned that the number of cancer cases had risen to six now and these cases were reported on the 5th, 6th (2 cases), 7th, 8th and 10th floor, all these houses are in direct line of sight from the tower installed on the opposite building on the 7th Floor.
Besides human health, electromagnetic radiation has also effected the environment, birds, animals, plants and fruit production.
Other countries based on the cases reported and their studies have adopted much lower radiation norms to protect their citizens.
All this calls for immediate need to adopt strict and lower radiation norms.
In the end, some suggestions have been given which can be adopted as possible solutions to minimize the risk of EMF radiation from cell towers.
Biological Effects of Cell Tower Radiation - Neha Kumar , Prof. Girish Kumar - IIT Bombay
Presentation at Bombay Telephone User’s Association ( BTUA ), Mumbai on Jan 2010 - Consumer Awareness and Radiation Health Hazards from cell phones and mobile towers - Myth or Reality
Several health effects have been reported from Cell Tower radiation much below the radiation norms adopted by most countries.
Common problems that occur among below living near and below cell towers are Sleep Disturbance, concentration problem, memory loss, heart palpitations, etc. The radiations can also aggravate / lead to Alzheimer's and Parkin's disease.
Children are more prone to these radiations as their skulls are thinner and still developing. Studies by Dr. Om Gandhi show that radiation penetration in the head of an adult while using a mobile phone is 25%, in a 10 year old it is 50% and in a 5-year old it is 75%. Also pregnant women and older people are more susceptible to radiations.
All these health effects have been observed at levels much below the ICNIRP and FCC guidelines adopted by many countries.
Similar health effects have been observed in people in Germany, Israel, Sweden, Spain, UK, France etc.
Also lots of cancer cases have been reported among people living within 300 to 400 meter distance from the tower.
In a country like India where the population is very dense, achieving this is very difficult, hence it all the more calls for lower radiation norms.
At the end some case studies have been reported. These are only a few examples. The damage which has already occurred to the human race including environment, plants, animals, birds bees etc is phenomenal.
According to Australian Health Research Institute, if this trend continues, by 2020 - "2 Billion People will suffer from cell phone cancer". Even if 1% comes true, it will have devastating consequences to so many of us!!
All this calls for immediate need to adopt strict and lower radiation norms.
Effects of Mobile Tower Radiation and Cases reported worldwideNeha Kumar
Biological Effects of Cell Tower Radiation - Neha Kumar
Presentation at Bombay Telephone User’s Association ( BTUA ), Mumbai on Jan 2010 - Consumer Awareness and Radiation Health Hazards from cell phones and mobile towers - Myth or Reality
Several health effects have been reported from Cell Tower radiation much below the radiation norms adopted by most countries.
Common problems that occur among below living near and below cell towers are Sleep Disturbance, concentration problem, memory loss, heart palpitations, etc. The radiations can also aggravate / lead to Alzheimer's and Parkin's disease.
Children are more prone to these radiations as their skulls are thinner and still developing. Studies by Dr. Om Gandhi show that radiation penetration in the head of an adult while using a mobile phone is 25%, in a 10 year old it is 50% and in a 5-year old it is 75%. Also pregnant women and older people are more susceptible to radiations.
All these health effects have been observed at levels much below the ICNIRP and FCC guidelines adopted by many countries.
Similar health effects have been observed in people in Germany, Israel, Sweden, Spain, UK, France etc.
Also lots of cancer cases have been reported among people living within 300 to 400 meter distance from the tower.
In a country like India where the population is very dense, achieving this is very difficult, hence it all the more calls for lower radiation norms.
At the end some case studies have been reported. These are only a few examples. The damage which has already occurred to the human race including environment, plants, animals, birds bees etc is phenomenal.
According to Australian Health Research Institute, if this trend continues, by 2020 - "2 Billion People will suffer from cell phone cancer". Even if 1% comes true, it will have devastating consequences to so many of us!!
All this calls for immediate need to adopt strict and lower radiation norms.
Cell Tower Radiation Report- sent to Secretary DOT (Department of Telecommunications)
-By Prof. Girish Kumar, IIT Bombay.
Cell Tower Radiation Report prepared after going through 100's of research papers and interacting with several people/sufferers.
Section 7 is on Possible Solutions to reduce the ill effects of cell tower radiation.
Cell Tower Radiation Report- sent to Secretary DOT (Department of Telecommunications)
-By Prof. Girish Kumar, IIT Bombay.
Cell Tower Radiation Report prepared after going through 100's of research papers and interacting with several people/sufferers.
Section 7 is on Possible Solutions to reduce the ill effects of cell tower radiation.
.
The document is a report on cell tower radiation submitted to the Secretary of Transportation in Delhi, India. It was prepared by Professor Girish Kumar of IIT Bombay. The report discusses the radiation emitted by cell towers and associated health risks. It provides information on radiation norms adopted internationally and measurements of radiation levels at various distances from cell towers. The report also summarizes various biological effects of microwave radiation exposure and epidemiological studies linking cell tower radiation to increased cancer risks and other health issues.
Cell Tower Radiation Report 2010 - sent to DOT, IndiaNeha Kumar
Cell Tower Radiation Report- sent to Secretary DOT (Department of Telecommunications)
-By Prof. Girish Kumar, IIT Bombay.
Cell Tower Radiation Report prepared after going through 100's of research papers and interacting with several people/sufferers.
Section 7 is on Possible Solutions to reduce the ill effects of cell tower radiation.
Cell Tower Radiation Report- sent to Secretary DOT (Department of Telecommunications)
-By Prof. Girish Kumar, IIT Bombay.
Cell Tower Radiation Report prepared after going through 100's of research papers and interacting with several people/sufferers.
Section 7 is on Possible Solutions to reduce the ill effects of cell tower radiation.
Radiation from Mobile Tower - Health Hazard, Norms, Cases Neha Kumar
Cell Tower Radiation Report- sent to Secretary DOT (Department of Telecommunications)
-By Prof. Girish Kumar, IIT Bombay.
Cell Tower Radiation Report prepared after going through 100's of research papers and interacting with several people/sufferers.
Section 7 is on Possible Solutions to reduce the ill effects of cell tower radiation.
Several health effects have been reported from Cell Tower radiation much below the radiation norms adopted by most countries.
Common problems that occur among below living near and below cell towers are Sleep Disturbance, concentration problem, memory loss, heart palpitations, etc. The radiations can also aggravate / lead to Alzheimer's and Parkin's disease.
Children are more prone to these radiations as their skulls are thinner and still developing. Studies by Dr. Om Gandhi show that radiation penetration in the head of an adult while using a mobile phone is 25%, in a 10 year old it is 50% and in a 5-year old it is 75%. Also pregnant women and older people are more susceptible to radiations.
All these health effects have been observed at levels much below the ICNIRP and FCC guidelines adopted by many countries.
Similar health effects have been observed in people in Germany, Israel, Sweden, Spain, UK, France etc.
Also lots of cancer cases have been reported among people living within 300 to 400 meter distance from the tower.
In a country like India where the population is very dense, achieving this is very difficult, hence it all the more calls for lower radiation norms.
At the end some case studies have been reported. These are only a few examples. The damage which has already occurred to the human race including environment, plants, animals, birds bees etc is phenomenal.
According to Australian Health Research Institute, if this trend continues, by 2020 - "2 Billion People will suffer from cell phone cancer". Even if 1% comes true, it will have devastating consequences to so many of us!!
All this calls for immediate need to adopt strict and lower radiation norms.
Cell phone and mobile tower radiation hazardsNeha Kumar
Presentation at KEM Hospital on 20th September 2010 for medical doctors.
We have explained the radiation pattern of Cell tower antenna, main beam and minor beam of an antenna, who are at more danger, radiation norms adopted in different countries, calculations for amount of radiation the body may be exposed to with current radiation norms, epidemiological symptoms observed with proximity to towers, biological effects of these radiations. In particular its affect on children and pregnant women, health problems reported from cell tower radiation and other EMF sources- case studies, its impact on the environment - birds, animals, bees, plants etc.
Prof Girish Kumar from IIT Bomaby talked about the engineering aspect of cell tower antennae and I presented the biological effects on humans, animals and mentioned a few case studies.
There are several hundreds of publications which show a positive link between cell phone/ cell tower radiation and its association with illness observed in people. Several thousands of cases have been reported worldwide. All this calls for immediate precautionary actions to be taken before it gets too late.
Hazards from cell phones and cell towers gk kem hospitalNeha Kumar
Presentation at KEM Hospital on 20th September 2010 for medical doctors.
We have explained the radiation pattern of Cell tower antenna, main beam and minor beam of an antenna, who are at more danger, radiation norms adopted in different countries, calculations for amount of radiation the body may be exposed to with current radiation norms, epidemiological symptoms observed with proximity to towers, biological effects of these radiations. In particular its affect on children and pregnant women, health problems reported from cell tower radiation and other EMF sources- case studies, its impact on the environment - birds, animals, bees, plants etc.
Prof Girish Kumar from IIT Bomaby talked about the engineering aspect of cell tower antennae and I presented the biological effects on humans, animals and mentioned a few case studies.
There are several hundreds of publications which show a positive link between cell phone/ cell tower radiation and its association with illness observed in people. Several thousands of cases have been reported worldwide. All this calls for immediate precautionary actions to be taken before it gets too late.
Radiation Shield
People residing close to the towers are always exposed to the continuous electromagnetic radiation from mobile towers. Plus with rapid advent in technology, there is more radiation from Wi-fi, microwave ovens, laptops, desktops, TV and FM towers etc.
The 'Radiation Shield' is a passive device to absorb these harmful radiations between the frequency of 800MHz to 4GHz (which includes the mobile, mobile tower, Wi-fi, Wi-max frequencies etc.)..for details visit - http://www.wilcom.co.in/
Sick of Cell phone Blabber at your premises?
Though Mobile phones are helpful in many ways, at times it becomes a nuisance especially in jails, conference rooms, places of worship, chemical plants, class rooms, libraries etc.
The mobile silencer when switched on blocks the signal between the cell phone and its tower. Similarly, on switching off, the signal is restored in seconds.
Hindustan Times April 4, 2009 Page10
People residing close to the towers are always exposed to the continuous electromagnetic radiation from mobile towers. Plus with rapid advent in technology, there is more radiation from Wi-fi, microwave ovens, laptops, desktops, TV and FM towers etc.
The 'Radiation Shield' is a passive device to absorb these harmful radiations between the frequency of 800MHz to 4GHz (which includes the mobile, mobile tower, Wi-fi, Wi-max frequencies etc.)..for details visit - http://www.wilcom.co.in/
Hindustan Times - April 4, 2009 Page 11
Though Mobile phones are helpful in many ways, at times it becomes a nuisance especially in jails, conference rooms, places of worship, chemical plants etc.
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National Conference organized by ICAI - Cell Tower Radiation Hazards
1.
2.
3. i
National Conference on Co-operative Societies, Trusts,
Redevelopment of Properties, Legal and Taxation Aspects
4. ii
National Conference on Co-operative Societies, Trusts,
Redevelopment of Properties, Legal and Taxation Aspects
Disclaimer
1. The material contained herein is for private circulation and reference purposes only.
2. The views expressed in the articles, write-ups, surveys, etc., contained in the background material
are those of the concerned authors, individuals, organisations, agencies etc., and should not be
construed as the views of the Institute of Chartered Accountants of India or any of its Committees
or Boards.
3. The Institute of Chartered Accountants of India or any of its Boards or Committees does not
undertake the responsibility for the accuracy or otherwise of any views expressed or facts included
in the background material.
4. The Institute of Chartered Accountants of India or any of its Boards or Committees also does not
accept any responsibility for the actions taken by the reader on the basis of the material contained
in the background material.
5. The copyrights in respect of the material included in the background material rests with the
respective authors, organisations, etc.
5. iii
National Conference on Co-operative Societies, Trusts,
Redevelopment of Properties, Legal and Taxation Aspects
I am pleased that Committee for Co-operatives & NPO Sectors of the Institute of Chartered
Accountants of India (ICAI) is organising a National Conference on Co-operative Societies, Trusts,
Redevelopment of Properties, Legal and Taxation Aspects, I am glad that the same is being hosted
by Western India Regional Council (WIRC) of ICAI.
It is overwhelming to see progress achieved by the co-operative sector in its century long movement
after experiencing many ups and downs. Over the years, Cooperatives have strived hard to build
a better world by advancing sustainable development, social integration and decent work. Co-
operatives empower their members and thereby strengthen communities. They promote food
security and enhance opportunities for small agricultural producers. They are better tuned to local
needs and better positioned to serve as engines of local growth. By pooling resources, they improve
access to information, finance & technology and their underlying values of self-help, equality and
solidarity. They work for overall improvement of their members & other stakeholders in challenging
economic times.
Committee for Co-operatives & NPO Sectors has been working towards strengthening Co-operatives
& NPO sectors and simultaneously exploring the new professional opportunities for members. In its
endeavours, the Committee has sent various representations to authorities such as CBDT, NABARD,
and various State Governments. The Committee has also been taking initiatives to update the
knowledge of the members through various publications and conducting of conferences, seminars,
workshops, etc. This seminar is another step towards imparting knowledge in the field. CCONPO has
launched a certificate course on Management, Taxation, Laws, Accounting and Auditing concerning
Co-operative societies & NPOs for the benefit of our members.
I believe that programmes like this could be a great learning experience for Chartered Accountants.
By attending these programmes and hearing the learned subject experts, members can emerge
with greater comprehension and knowledge accompanied with invaluable tips and information from
practical wisdom and experience of expert concerned.
I wish all the delegates a fruitful, professionally enriching experience from this National Conference.
With best Regards
CA. Subodh K. Agrawal
President
The Institute of Chartered Accountants of India
Message
6. iv
National Conference on Co-operative Societies, Trusts,
Redevelopment of Properties, Legal and Taxation Aspects
Dear Participants,
It is heartening to note that the Committee for Co-operatives and NPO Sector of the Institute is
organising a National Conference on Co-operative Societies, Trusts, Redevelopment of Properties,
Legal and Taxation Aspects on 3rd & 4th August at Mumbai. By way of organising such
programmes, the ICAI tries to be instrumental in enriching the professional base of its members.
The Government along with other regulatory bodies takes all possible steps to regulate these
sectors by enacting various laws and assuring their compliance by them. The Chartered Accountants
can play a vital role in this area by ensuring the fulfilment of various regulatory provisions by
these organisations. Definitely this leads to the need for our members to maintain and expand
their knowledge base on these regulatory provisions. In today’s busy schedule, taking out time
to read and understand the new regulations or changes made in the existing ones sometimes
becomes difficult. This Conference is aimed at not only towards disseminating the developments
in the regulations in these sectors but also providing guidance to the members to explore more
professional opportunities in other sectors also. Eminent speakers from professional fields have
been invited to share their views with the audience which will be of great help in professional
development not only to our Fellow Chartered Accountants but also for other stakeholders.
I am impressed with the topics chosen for the workshop and the experts invited to share their
wisdom amongst the delegates. I am sure that the deliberations in the workshop would be of high
standard and provide an opportunity to the delegates to interact with the experts having experience
and expertise in Co-operative and NPO Sector.
I would like to congratulate CA. Anuj Goyal, Chairman, Committee for Co-operatives & NPO Sector,
CA Tarun J. Ghia, Vice-Chairman, Committee for Co-operatives & NPO Sectors and other members
of the Committee for organizing this National Conference which would surely help our members
and other participants to be well equipped and take a lead.
On this occasion, I extend warm greetings and felicitations to the participants and wish the
programme all success.
Date : July 24, 2013
Place: New Delhi CA. K. Raghu
Vice-President, ICAI
Message
7. v
National Conference on Co-operative Societies, Trusts,
Redevelopment of Properties, Legal and Taxation Aspects
Welcome to all the participants,
On behalf of the Committee for Co-operatives and NPO Sector of the Institute, I take the pleasure
of welcoming all the participants to the two days National Conference on Co-operative Societies,
Trusts, Redevelopment of Properties, Legal and Taxation Aspects at K.C Auditorium, Churchgate,
Mumbai that is being hosted by Western India Regional Council of ICAI.
With a comparatively new Committee for Co-operatives and NPO Sectors formed in 2011, we
Chartered Accountants are now focusing on yet another sector of the Country. These two dynamic
Sector provides an opportunities to the Chartered Accountants in the field of Internal Audit, Statutory
Audit, Auditors on behalf of donors and funding agencies, reviewers of financial management
systems, advisors on financial management systems, etc. NPOs are generally registered either as
a society or a trust or a section 25 Company under the respective laws namely the Societies Act,
Trust Act or the Companies Act, 1956. Depending upon the law under which it is registered, it has
to get its accounts audited as required under the respective laws.
I am sure that this Conference would enhance the understanding of the participants towards the
importance of compliance and good governance in NPO and Co-operative Sector, professional
opportunities for CAs in NPO Sector, redevelopments, fungible FSI, stamp duty registration aspects
and many more.
I would like to express my gratitude to CA. Subodh K. Agrawal, President, ICAI and CA. K. Raghu,
Vice President, ICAI for giving this oppurtunity to the Committee for Co-operatives and NPO Sector
for organising this National Conference. I wish to place on record my thanks to Justice V. M Kanade,
Hon’ble Justice, Bombay High Court, CA. Tarun J. Ghia, Vice-Chairman, CCONPO who has been
instrumental in successful organisation of this Conference and my colleauges in Central Council for
sparing their valuable time and making efforts for organising the Conference.
I am confident that, this would be a great learning experience for the participants.
Date : July 28, 2013 CA. Anuj Goyal
Place : New Delhi Chairman
Committee for Co-operatives and NPO Sectors, ICAI
Message
8. vi
National Conference on Co-operative Societies, Trusts,
Redevelopment of Properties, Legal and Taxation Aspects
Dear Participants,
I am immensely happy to welcome all the delegates to the National Conference on Co-operative
Societies, Trusts, Redevelopment of Properties, Legal and Taxation Aspects being organised by the
Committee for Co-operatives & NPO Sectors of ICAI on 3rd and 4th August at Mumbai. The 2 day
Convention aims to focus and offer a clear picture on various functional areas, issues which have
grey areas and require discussion and debate.
It is an open secret that many of our CA members are frequently engaged in drafting of various
property and commercial documents. In this context, it is pertinent to mention that CAs have been
inculcated with high degree of analytical and interpretational skills. Some of the CAs are equally
proficient in usage of the language of English and have very effective communication skills. They
are drafting documents which are not only excellent in language but are second to none in terms
of consideration of relevant laws and addressing minute issues of facts and possible situations.
Such functions by the CAs will also recognise their true capability and will enhance image of
the profession at large. The events like this are in continuation of the position of the ICAI as the
partners in Nation building.
For Chartered Accountants, the importance of updation of knowledge is of quintessential importance.
Continuing Professional Education is all about absorption, assimilation, comprehension and
practical application of the knowledge acquired for the benefit of clients, employers and for the
professionals themselves. It is my firm belief that by attending programme like this and hearing the
erudite faculties, one can emerge with a greater comprehension and knowledge, often loaded with
invaluable tips and insights that come out of practical wisdom and experience and which cannot be
readily found in a conventional text book or reference manual.
I thank CA. Subodh K. Agrawal, Hon’ble President, ICAI and CA. K. Raghu, Hon’ble Vice-President,
ICAI for encouraging and guiding in organising this Conference. I also thank CA. Anuj Goyal,
Chairman, Committee for Co-operatives & NPO Sectors for his wholehearted support and able
guidance and involvement in organising the Conference and my colleagues in Central Council of ICAI
for sparing time to join and add value to this Conference. I am extremely thankful to his highness
Justice V. M. Kanade, Judge, Bombay High Court for inaugurating this Conference and sharing his
rich experience and words of wisdom with us.
I welcome all of you to this Conference with the hope that the Conference turn out to be quite a
learning and memorable experience to all of you.
Date : July 28, 2013 CA. Tarun J. Ghia
Place : New Delhi. Vice-Chairman
Committee for Co-operatives & NPO Sectors, ICAI.
Message
9. vii
National Conference on Co-operative Societies, Trusts,
Redevelopment of Properties, Legal and Taxation Aspects
Programme Structure
National Conference on Co-operative Societies, Trusts, Redevelopment of Properties, Legal and
Taxation Aspects organised by Institute of Chartered Accountants of India, Committee for
Co-operatives & NPO Sectors, on August 3 & 4, 2013 at Mumbai
DAY-1 (3rd August, 2013)
ACTIVITY SCHEDULE
ACTIVITY/TOPICS GUEST/SPEAKERS TIME
BREAKFAST 8:30 am to 9:00 am
Inaugural Session Shri Justice V.M. Kanade 9.00 am - 11.00 am
Real Estate scenario in general and its impact
on property redevelopments (to give complete
picture of market scenario and expected impact
on present as well as near future redevelopments)
Shri D. L. Desai 11.00 am - 11.30 am
Recent developments in co-operative laws
(including 97th constitutional amendments,
amendments in laws and procedural aspects, latest
model bye-laws, appointment of auditors, etc.)
Shri N. R. Nikam 11.30 am - 12.00 noon
Redevelopments, joint developments, self
developments : Legal and taxation issues
(covering MOU, DA, Joint DA, Self development,
Bank Guarantee, POA, freehold, leasehold,
tenancy, MHADA properties, Taxation, TDS,
Corpus Fund, Hardship compensation, rental
compensation, TDR, fungible, role of PMC,
tendering, invitation to offer)
CA. Tarun Jamnadas Ghia 12.00 noon - 01.00 pm
LUNCH 01.00 pm - 02.00 pm
Structural Audits in co-op societies - requirements
and compliances responding to notices u/s. 354 of
the MMC Act
Shri Satish Dhupelia 02.00 pm - 02.30 pm
Laws governing co-operative societies, trusts, real
estate transactions
Dr. Sanjay Chaturvedi 02.30 pm - 03.15 pm
TEA 03.15 pm - 03.45 pm
Concept and Working of Fungible FSI (Calculation
and measurement of Fungible FSI, Methodology of
its application, premium payable, division between
present owners and developer, changes in DCR in
view of Fungible FSI)
Shri Manoj Daisaria and
Shri Sudhir Y. Ghate
03.45 pm - 04.30 pm
Cell Towers – an income avenue or a menace?
(Analytical studies and views of both sides, Cell
Towers’ radiation hazards, precautions, probable
solutions, rights of members dissenting to cell
towers, taxation of cell tower income, TDS
compliances)
Prof. Girish Kumar and
Ms. Neha Kumar
04.30 pm - 05.00 pm
10. viii
National Conference on Co-operative Societies, Trusts,
Redevelopment of Properties, Legal and Taxation Aspects
ACTIVITY/TOPICS GUEST/SPEAKERS TIME
Service tax aspects (w.r.t. redevelopments,
ordinary maintenance of co-op. societies, repairs
to properties, renting of properties, cell towers
spaces, trusts, etc.)
Shri Sushil Solanki and
CA. A. R. Krishnan
05.00 pm - 06.00 pm
DAY-2 (4th August, 2013)
VAT issues (in re-developments, in repairing of
properties)
Adv. Kishor T. Lulla 09.30 am - 10.30 am
Property transactions by trusts (Acquisition of
properties, transfer of properties, development of
properties, permission of Charity Commissioner,
change reports, documentation, auditor’s
responsibility, stamp duty on registration wrt trust
properties)
Adv. Aditya Prakash Rao 10.30 am - 11.00 am
Stamp duty and registration aspects (w.r.t. society
transactions, renting of properties, release deeds,
family partition, gifts, exchange of properties, power
of attorneys, company owned flats, stamp duty in
repairs of properties, see schedule to stamp duty,
wills, etc.)
Shri Santosh Kumar 11.00 am - 11.30 am
Redevelopments and Self Developments – Financing
Options – Due Diligence and other critical issues
CA. Dilip Pendse 11.30 am - 12.00
noon
Right to Information w.r.t. governance of co-op.
societies and charitable trusts and in the process of
redevelopment (Legal and procedural aspects)
Shri Shailesh Gandhi 12.00 noon - 12.30
pm
Disputes, complaints, petitions, appeals before co-
op registrars, co-op. court : laws and procedural
aspects (Covering issues of jurisdictions, over
lapping jurisdictions, co-operative disputes,
redevelopment disputes)
Imminent Faculty 12.30 pm - 01.00 pm
Labour and welfare laws : Legal and Procedural
Compliances (Concerning co-operative societies
and trusts and associations)
Shri M. B. Gajare 01.00 pm - 01.30 pm
11. ix
National Conference on Co-operative Societies, Trusts,
Redevelopment of Properties, Legal and Taxation Aspects
Contents
Sr.
No.
Subject Page
No.
Technical Sessions
1. Redevelopments, joint developments, self developments : legal and taxation issues
(covering MOU, DA, Joint DA, Self development, Bank Guarantee, POA, freehold,
leasehold, tenancy, MHADA properties, Taxation, TDS, Corpus Fund, Hardship
compensation, rental compensation, TDR, fungible, role of PMC, tendering, invitation to
offer) — CA. Tarun Jamnadas Ghia
2
2. Laws governing co-operative societies, trusts, real estate transactions
— Dr. Sanjay Chaturvedi
16
3. Concept and Working of Fungible FSI (Calculation and measurement of Fungible
FSI, Methodology of its application, premium payable, division between
present owners and developer, changes in DCR in view of Fungible FSI)
— Shri Manoj Daisaria and Shri Sudhir Y. Ghate
20
4. Cell Towers - an income avenue or a menace? (Analytical studies and views of
both sides, Cell Towers’ radiation hazards, precautions, probable solutions, rights of
members dissenting to cell towers, taxation of cell tower income, TDS compliances)
— Prof. Girish Kumar and Ms. Neha Kumar
47
5. Service tax aspects (w.r.t. re-developments, ordinary maintenance of co-op. societies,
repairs to properties, renting of properties, cell towers spaces, trusts etc.)
— Shri Sushil Solanki and CA. A. R. Krishnan
73
6. VAT issues (in redevelopments, in repairing of properties) — Adv. Kishor T. Lulla 86
7. Property transactions by trusts (Acquisition of properties, transfer of properties,
development of properties, permission of Charity Commissioner, change reports,
documentation, auditor’s responsibility, stamp duty on registration w.r.t trust properties)
— Adv. Aditya Prakash Rao
103
8. Stamp duty and registration aspects (w.r.t. society transactions, renting of
properties, release deeds, family partition, gifts, exchange of properties, power of
attorneys, company owned flats, stamp duty in repairs of properties, see schedule
to stamp duty, wills, etc.) — Shri Santosh Kumar
123
9. Right to Information w.r.t. governance of co-op. societies and charitable
trusts and in the process of redevelopment (Legal and procedural aspects)
— Shri Shailesh Gandhi
126
10. Labour and welfare laws : Legal and Procedural Compliances (Concerning co-operative
societies and trusts and associations) — Shri M. B. Gajare
137
12. x
National Conference on Co-operative Societies, Trusts,
Redevelopment of Properties, Legal and Taxation Aspects
Sr.
No.
Subject Page
No.
11. Redevelopments & Self Developments – Legal and Tax Issues — CA. Tarun Ghia 145
12. 97th Amendment - Gujarat High Court Judgment Order (1) 153
13. Multi State Co-operatives Bill, 2010 192
14. The Maharashtra Co-operative Societies (Amendment) Ordinance, 2013 221
15. Salient Features on 97th Amendment Act 261
16. The Multi State Co-operative Societies Bill, Summary 263
17. The Constitution 97th Amendment Act, 2011 264
13. 1
National Conference on Co-operative Societies, Trusts,
Redevelopment of Properties, Legal and Taxation Aspects
Shri D.L. Desai (Shankarbhai) has been elected as the Trustee of Builders’
Association of India (BAI) after having served as the Hon. Gen. Secretary,
Hon. Gen. Treasurer, and Vice President of BAI. He was earlier the Chairman
of Mumbai Centre during 1998-2000. Family circumstances compelled him
to give up his studies after matriculation and he joined the family firm M/s.
Desai Lallubhai & Co., doing business of trading in tiles, sanitaryware, cement
and construction material. Later sometime in 1979, he started real estate
business. He joined BAI in 1966 and is one of the founder members of BAI
Mumbai Centre. He has the unique distinction of actively participating in all
the All India Builders’ Convention held by the Centre in 1981, 1996, 2001 and
2003.
The vexed problem of Sales Tax on Works Contract from 1986 to 1988
could be resolved during his tenure 1998-2000 as Chairman of Mumbai
Centre. (Incidentally, he was heading the Centre’s Sub-Committee from 1988
onwards).
It is due to his efforts that ‘Indian Construction’ is now recognised as number
one journal of the Construction Industry in India. He gave it a new look,
refurbished it and started a series of new features in it. As a matter of fact,
he charted a new path of giving service to the members through ‘Bombay
Construction’ and ‘Indian Construction’. Another area, which held his interest,
was publishing series of books on topics affecting the industry. It is also
worthwhile to mention here that, during his tenure, the financial strength of
the Centre has leaped to greater heights.
As an Editor, he has also published the following books for and on behalf of
BAI Mumbai Centre:
1. Central Excise and the Construction Industry also covering Service Tax.
2. Civil Contractors’ Referencer – Statutory requirements.
3. Select Labour Laws for Construction Industry – A Profile.
4. Employees’ State Insurance Act, 1948 – Its applicability to the
Construction Industry – An insight through judicial pronouncements.
He is the recipient of ‘Journalist of the year 2001’ Award from
Accommodation Times and Institute of Construction Management & Research,
Navi Mumbai, presented him an Award for his contribution to journalism in
construction related journals and publications.
During his tenure, as the Mumbai Centre’s Chairman, he started a new
experiment of the Centre taking up stalls in construction industry related
exhibitions. This resulted in a better co-operation with other likeminded
organisations. In addition, BAI could increase awareness amongst architects,
consultants and contractors by taking part in such exhibitions.
He is the recipient of Honorary Membership from Practicing Engineers
Architects & Town Planners Association (India).
14. 2
National Conference on Co-operative Societies, Trusts,
Redevelopment of Properties, Legal and Taxation Aspects
Elected Central Council Member of the ICAI
At the ICAI, Member of the Direct Tax Committee, Member of BOS, Member of Committee on Industry,
Member of Public Finance Committee, Member of the Disciplinary Committee, Member of Committee
on Banking, Insurance and Pension, Member of Professional Development Committee, Member of
Committee on Economic, Commercial Laws and WTO, Member of Editorial Board, Member of Internal
Audit Standards Board, Member of Committee on International Taxation.
Vice Chairman of the Committee on Co operatives and NPO Sectors of the ICAI Vice Chairman of the
Committee on Governmnet Accounting of the ICAI Member, Committee for Government Accounting,
South Asian Federation of Accountants (SAFA)
Brief details of professional contributions:
Born and brought up in Saurashtra and completed schooling from Kamani Forward High School, Amreli,
Saurashtra, Gujrat.
B. Com. From H R College of Commerce & Econ., Mumbai.
Practicing Chartered Accountant since 1984. Partner in M/s. TMG and Associates with core area
of practice being consultancy, appellate and drafting/documentation works. Consultant to various
redevelopment projects.
Pleaded in person Writ Petitions at Bombay High Court and –
• Brought directions for transparency in empanelment for and allotment of bank branch audits.
• Obtained directions of transparency and objectivity in empanelment for and allotment of co-
operative audits at State level as well as Divisional level.
• Has initiated steps for transparency and objectivity in empanelment for and allotment of co-
operative audits at State level as well as Divisional level in Gujrat State. As also in empanelments
in concurrent audits in banks.
As a speaker addressed –
• Several times Commissioners of Income Tax on Taxation of shares and securities transactions and
Tax issues in construction industry, redevelopments and immovable property transactions etc.
• Officers of Registrar of Companies, Sales Tax Officers and Assistant Commissioners of Sales Tax
on topics of professional interests.
• The Institute of Valuers comprising Architects, engineers and other valuers on legal and tax aspects
on redevelopments.
• ICAI All India conferences on accounting and tax aspects in entertainment industry, tax issues in
construction industry and immovable property transactions.
CA. Tarun Jamnadas Ghia
15. 3
National Conference on Co-operative Societies, Trusts,
Redevelopment of Properties, Legal and Taxation Aspects
• Various seminars organized by WIRC.
• Public meetings on union budget proposals.
• Addressed more than 250 meetings of Chartered Accountants and others organized by WIRC, ICAI
and others.
As a writer contributed articles in –
• Newspapers like Times of India (Property Section), DNA (Money Section), Janmabhoomi, Vyapar,
Commodity World, Asian Age, and trade journals like Construction World, Bombay Construction and
Indian Construction. Was interviewed live on CNBC Awaz News when MOFA was not revalidated
for a short period after March 2005.
• Professional journals like the Chartered Accountant Journal, Income Tax Review, Bombay Chartered
Accountants’ Journal, the Chartered Accountant Practice Journal, Taxmann, Sales Tax Review.
Association with professional organisations:
Co-opted member on the Representation Committee of the Institute of Chartered Accountants of India.
• Co-opted member on the Journal Committee of the Bombay Chartered Accountants’ Society.
• Co-opted in the Core Group of the Chamber of Tax Consultants.
• Was Member of WIRC and a Chairman of Members in Industry Committee of WIRC of ICAI.
• Was a member of the Managing Committee of Sales Tax Practioners’ Association of Maharashtra,
Convener of Journal Committee and a Member of Committee for Protection of Tax Payers.
Advisor to:
Builders’ Association of India on direct tax matters and for their representations to the Government and
other concerned authorities.
Right to Information Act:
Regular writer on RTI in newspapers and professional journals. Addressed meetings of professionals and
successfully pleaded petitions at State and Central levels.
Arbitration:
Successfully pleaded arbitration proceedings at appellate levels in respect of share market transactions.
Forensic Accounting:
Member of the India Forensic Research Foundation.
Well read on –
Construction laws, property laws, BMC laws, rent control laws, co-operative laws, stamp duty and
registration laws, RTI law and is conversant with reading of building plans related approvals and their
respective relevance and significance under the general laws and under direct and indirect tax laws.
Lecturer:
Formerly, lecturer in senior colleges affiliated to Mumbai University in the subjects of accountancy
and Income tax. Was a visiting faculty for the subject of Income Tax in the intensive Coaching Classes
conducted by ICAI for Inter C.A. students. Am a a visiting faculty for the subject of Income Tax in the
intensive Coaching Classes conducted by the Bombay Chartered Accountants’ Society.
Always available :
To members in respect of any issue pertaining to the fraternity at large or even individual issues
pertaining to the ICAI.
16. 4
National Conference on Co-operative Societies, Trusts,
Redevelopment of Properties, Legal and Taxation Aspects
National Conference on Co-operative
Societies, Trusts, Redevelopment of
Properties, Legal and Taxation Aspects
CA. Tarun Jamnadas Ghia
PART I : KEY ISSUES IN REDEVELOPMENT OF PROPERTIES
Co-operative housing and premises societies having old and dilapidated structures contemplate
redevelopment as the only viable alternative. In some cases even when the buildings are not old or
dilapidated, they contemplate redevelopment to avail advantage of incentive schemes of higher Floor
Space Index (FSI) including Transferable Developments Rights (TDR).
Upon such contemplations, the first step is generally appointment of a project management consultant
(PMC). The Notification of the Department of Co-operation in the context of redevelopments issued under
the provisions of Section 79A of the Maharashtra Co-operative Societies Act, 1960 requires a co-operative
society to appoint a project management consultant in the initial stage of the process of redevelopment.
This requirement would also apply to a co-operative society undertaking self development or contract
development. The spirit of the Notification inter alia is that the process of redevelopment should be
carried out transparently, objectively and in accordance with and within the framework of applicable laws.
Therefore, the process of inviting proposals should be such that, whether the developers are invited by
tendering system or by invitation for expression of interest, all interested developers get an opportunity
to submit their offers. Many a times it is observed that a developer is selected on the basis of highest
offer. However, when it comes to drafting documents, differences arise about the details of the offer and
the legal aspects to be incorporated in the documents. To avoid such scenario and to ensure that offers
are not vague and are comparable, it is desirable that the tenders or the invitations are comprehensive
and the legal aspects from the points of views of the society and the members are incorporated therein
so that the commercial terms offered by the developers become really comparable. This will also lead to
selection of the developer on objective criteria.
It is desirable that the documents of redevelopment are drafted by the consultants of the society in an
iron clad manner. People sometimes get attracted by good designs of the plans of the new buildings.
However, they should realize that the new plans will materialize with the help of good documentation. In
the interest of the society and its members, the redevelopment agreement, power of attorney, individual
agreements and the bank guarantee should be as specific and elaborate as much possible leaving no
vagueness for possible defalcation or disputes.
The documentation process will not be complete in one stroke. The draft will be modified and remodified
by the society and the developer to take care of their respective interests. The consultant of the society
is required to ensure that the draft safeguards the interests of the society and its individual members and
at the same time he should be able to accommodate the practical and reasonable requirements of the
developer without prejudicing the interests of the society and its members. In such a scenario to maintain
transparency in drafting, it is desirable and more convenient that the drafts get exchanged in the email
track mode so that only the changes and the modifications are attended.
Notification dated 24 10 2011 the Government of Maharashtra relaxed provisions of Development Control
Regulations by granting option of additional floor space index of 0.33 by payment of premium. In this
context, first aspect which needs clarity is that due to grant of such additional FSI aggregate of FSI
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Redevelopment of Properties, Legal and Taxation Aspects
has not increased. Thus if a co-operative housing society is presently entitled to aggregate FSI at ‘2’
including TDR-FSI, then the same remains capped at ‘2’ only and does not increase to “2.33”. In such an
example, the original land FSI remains at ‘1’ and in respect of TDR- FSI of additional ‘1’, there is now an
option that either one may buy entire TDR –FSI from the open market or alternately one may buy newly
introduced 0.33 FSI from municipal corporation and buy only 0.67 from the open market. One will be
inclined to buy 0.33 FSI from the municipality for the reason that the premium for such additional FSI
payable to the municipal corporation is far lesser than the prevailing market price of TDR- FSI. In the
cases of redevelopments, the society/flat owners/occupants/tenants may expect that such benefit would
be passed on by the developers to them. As an offshoot of such additional FSI upto 0.33 available at
a premium from the municipality, the need and consequently the demand for TDR –FSI would reduce
to that extent and correspondingly the market price of TDR-FSI has started coming down. The salient
features of the additional FSI being offered in place of TDR –FSI to the extent upto 0.33 so far as relevant
to redevelopments of co-operative housing societies are summarised below:
i. Additional 0.33 FSI is optional and non-transferable. It is to be granted as on application and to be
used on the same plot.
ii. The total maximum permissible FSI, with 1.33 FSI, Road FSI and TDR shall be restricted to 2.00.
iii. As per concept of TDR, additional FSI shall be permissible on gross plot area.
iv. Additional FSI available as per Regulation 33, shall be related to basic FSI of 1.00 only.
v. In Mumbai Suburban District, construction upto 1.00 additional FSI is permissible through use of
TDR. 0.33 FSI being optional and part of overall ceiling of use of 1.00 TDR, any disclosure made for
use of TDR / FSI, while making agreements with purchasers under MOFA Act, shall be held valid
for use of 0.33 FSI.
vi. No vertical extension of existing building by utilizing 0.33 FSI shall be permitted with erection of
columns in the required marginal open space.
vii. The relaxation of premium i.e.10% of normal premium shall be charged while condoning
deficiencies in open spaces ( as applicable for use of slum TDR).
Many a times, societies first enter into Memorandum of Understanding with the interested developer and
development agreement is relegated to a subsequent stage. As far as entering into MOU is concerned, the
recourse to MOU should be taken only when it is very much necessary and in general, entering into MOU
should be avoided because MOU is generally drafted on broad terms and is many times dependent on
happening or non-happening of a particular contingency. Thereafter, development agreement is drafted.
Development agreement is drafted elaborately including even the minute and procedural aspects. The
problems would arise if in such detailed draft, differences arise on some aspects between the society and
the developer. In the ongoing competition amongst the developers to procure the re-development project,
they are also ready and willing to take over the responsibility of obtaining conveyance and such other
documents and that too within the specified time period. While drafting such MOU, the basic principle
would apply that substance of the document and not the nomenclature of the document would decide
its true nature and therefore the substance of the terms of MOU should be such that it does not create
a development contract. The substance would also decide income tax implications. The society needs to
be quite cautious as on substance even MOU may become an enforceable contract. The society should
provide for expiry of the MOU at the end of an agreed period.
That the society must get conveyance is not a new law. Law has always been the same since 1963
onwards that the housing entity is entitled to conveyance of the land underneath and appurtenant to
the building(s) within the prescribed time period. However, as pre amended law was not effective at the
implementation stage, therefore, amended provisions provide easy procedure for deemed conveyance
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and the time limits have been cast upon the competent authority to decide the application for deemed
conveyance.
Law will have to settle in a manner that once a society or other kind of housing organization has been
formed, then simply because a few agreements have not been stamped or registered cannot disentitle
the housing organization from the benefit of deemed conveyance. This is for the reason that provisions
continue that a housing entity can be formed under an application by only 60% is of the flats. Once the
housing entity is formed, under the pre amended provisions also, there are numerous decisions of civil
courts and consumer courts wherein while directing the promoters to convey property in favour of a
housing entity, the courts have not, and very rightly so, looked into the aspect as to whether all the flat
purchase documents were subjected to stamp duty payment and registration requirements.
The provisions have been amended to be more beneficial in nature to provide for expeditions formation
of society and deemed conveyance against the failure by promoters to do so within prescribed time
period. Therefore, the amended provisions cannot deny the benefit which was available in the pre
amended provisions as the amendments have been brought to make the law more beneficial to the flat
purchasers.
By the competent authority as well as by some other quarters a view is propagated that for obtaining
deemed conveyance certificate, documents like building plans, commencement certificate, occupation
certificate, completion certificate, property cards, would be required to be furnished by the society. Such
a view appears to be beyond logic and not supported by the provisions of the law. Rules cannot travel
beyond the specific provisions of the law.
The matter of income tax on development agreements by transferable development rights has reached to
the Bombay High Court. If the High Court rules that such development agreement is not taxable, no cause
of concern arises. But in a possible adverse decision that such transaction per se is a taxable transaction,
then the question would arise in whose hands the same is taxable. If the society is the taxable entity, tax
burden would run into lacs or crores of rupees whereas the tax benefits available to individual assesses
can reduce the tax liability to nil or negligible level and keep the society and its members safe. Here it
may be noted that in the case of Aurovilla Co-operative Housing Society, argued by this writer, Income
Tax Tribunal held that the society is not taxable entity in such a transaction. From legal as well as tax
points of view, concept that the beneficial and de facto and therefore true ownership of the property are
with the members and not the society is more appropriate view. Redevelopment transaction needs to be
structured and documented accordingly. Such concept would recognize and protect individual property
rights of the members in a better way and would make the document more tax friendly.
Many legal, tax and stamp duty issues need to be discussed in the context of redevelopments so that the
professional colleagues play meaningful roles in this field and particularly in the matters in which they are
concerned either as stakeholders or as consultants. New concept of “fungible FSI” has been introduced
very recently and is likely to have much impact on the entitlements of the flat owners and tenants even
in cases where development agreements have been executed.
Many societies in suburban areas are either contemplating or are in the process of redevelopments
of their properties. The recent amendments in the Development Control Regulations would affect all
such societies. The benefit of new fungible FSI is maximum being 35% for residential buildings. For the
commercial and industrial buildings the same is quite moderate being only 20%.
The Development Control Regulations have been recently amended under which inter alia for a residential
building additional fungible FSI has been created to the extent of 35% including in respect of amenity
areas including dry balconies, porches, flower beds, pocket terraces etc. Such additional compensatory
FSI has been freezed at 35% of the normal FSI including TDR-FSI implying that if the aggregate FSI
including TDR FSI is at “2” in respect of a plot of land, now in the proposed new residential building,
such additional FSI can be available to the extent of .70. Such FSI of .70 has been named “fungible FSI”
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which for all practicle purposes mean indirect increase in the FSI. Such FSI, except as available and to
be utilized upon the existing rehab portion, is to be purchased by payment of premium calculated as
a percentage of the ready reckoner rates. However, to protect the interests of the existing owners and
occupiers so as to avoid the transfer of fungible FSI in respect of existing building to the free sale portion
by the developers, it has also been further clarified that the fungible FSI in respect of rehab portion would
not be transferable to the free sale area of the developer.
The Municipal Commissioner was quite aware about the uses and misuses of the flexible amenity areas
being created by the developers. In very few cases, hitherto the members of the societies were given the
benefit of amenity area exceeding 25%, although much more was created as amenity area. To ensure that
the benefits of redevelopment go to the members and tenants and is not unscrupulously transferred to sale
portions of the developers, the Municipal Commissioner has categorically provided that firstly the fungible
FSI emerging in respect of the rehab portion is to be used for rehab portion only and secondly that the
same would have to be utilized proportionately for the members and tenants with reference to their existing
premises. This has been done to ensure that the more influential members and tenants are not able to
corner the same in higher proportions for their premises to the disadvantage of less influential ones.
More importantly, the fungible FSI need not be distinguished from the normal FSI as far as design of
the premises is concerned with the result that overnight the possible enhanced area would increase by
35%. This 35% may be used for creating dry balcony, niche, flowerbeds and alternatively may be used
to create one more room. In most cases, a person having the choice now to have 35% for flower beds,
dry balcony etc. or to have one more room, is likely to decide that instead of new flat comprising one
bed room hall kitchen and flower bed, dry balcony, niche areas he would prefer to have outright a new
flat comprising two bed room hall kitchen.
Amended D. C. Rules will have overall positive effect as it would remove disparity between developers
who were capable to manage higher usable FSI vis a vis those who were not either capable or were
not willing to . Amended D. C. Rules will have more benefits for the members of the societies and the
tenants. Upright professionals with sound legal technical knowledge and strong leanings towards the
benefits and safety of the members and tenants only can enable them to reap the benefits created for
them.
Prevalent practice in respect of redevelopment of immoveable properties is that after obtaining Intimation
of Disapproval (IOD) from the municipal authorities, the developer gives a notice to the occupants in the
existing premises for the reasons inter alia that the terms of IOD require that only after the demolition of
the existing premises/structures, the developer would be entitled to apply for and obtain Commencement
Certificate(CC). This practice is fallacious in law as well as in logic. This practice is disadvantageous and
risky to the developers as well as to the flat owners/tenants/occupants. However, once enlightened, the
members of the society should be firm to get the same implemented.
IOD is issued under the provisions contained in the Mumbai Municipal Corporation Act, 1888. Thereafter,
the Maharashtra Regional Town Planning Act, 1966 got enacted. Section 2(7) of the MRTP Act contains
definition of the term “development”. According to this definition, the term “development” includes
inter alia demolition of any existing building, structure or erection or part of such building, structure
or erection. Provisions of section 43, 44 and 45 of the said MRTP Act require that no development can
commence without obtaining CC. Combined reading of the provisions of the MRTP Act would mean that
demolition is also a development or is a part of the development process, and development process
cannot commence without a CC from the concerned authority.
Legally speaking, IOD contains various conditions, fulfillment whereof only leads to obtainance of CC
implying that if any of the conditions of the IOD are not fulfilled, CC may not be granted.
In such a view of the matter, imagine the situation, wherein, the existing building has been demolished
on the basis of IOD and because of non-fulfillment of the conditions like aviation clearance, environmental
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Redevelopment of Properties, Legal and Taxation Aspects
clearance, permission by tree authority or any of them not materializing. In such a situation, the project
would get halted and the dwellers may become homeless. Early vacating of the existing premises is not
advantageous even for a developer because, amongst other things, the developer has to start paying
rental compensation from the date of vacating the premises.
The above risk factors to the occupants and disadvantage to the developer are the result of non
implementation of the correct position of the relevant law. Even if the developer is ready and willing to
go for demolition of the building on the basis of the IOD, the members of the society can point out the
correct law and dissent to such premature demolition.
The law has been consistently and logically interpreted by the Supreme Court that if there are two
statutes operating upon the subject matter and the provisions are contradictory then in that case, the
provisions, to the extent they are contradictory, of the later statute will prevail.
It is therefore very much necessary that the existing building is not allowed to be demolished before
a Commencement Certificate is obtained or in any case all other compliances necessary to obtain
Commencement Certificate are met.
PART II. ROLE OF PROJECT MANAGEMENT CONSULTANT IN REDEVELOPMENT OF A PROPERTY IN
A CO-OPERATIVE SOCIETY :
Model of Redevelopment Services by a Project Management Consultant
As a co-operative housing or premises society initiates process of redevelopment of its property, the
first legal requirement it needs to fulfill in terms of relevant circular the department of co-operation is
appointment of a project management consultant (“pmc”).
Appointment of pmc lays down foundation of entire redevelopment as successful completion of
redevelopment largely depends upon ability, integrity, uprightness and transparent and reasoned
approach of pmc. PMC should be knowledgeable on all legal and construction aspects of the
redevelopment and should be aware of the redevelopment business so that he applies his knowledge
and imagination to various stages of redevelopment in a manner that the society gets the best of the
terms without compromising at all with safety aspects.
Although nature and quantum of redevelopment services to be provided by a pmc would differ from case
to case but a generalized model list is presented below as prepared on the basis of experience of pgv
project management consultants. A society may select all or any of the services depending upon facts
of its case and after interaction with the pmc.
1. Preparation of the feasibility report in respect of the subject property.
2. Taking steps for conveyance in favour of the society.
3. Invite and receive offers from interested developers and present the same before the managing
committee with recommendation about selection. The recommendation report to be speaking and
reasoned one.
4. Draft of tender document or offer form in consultation with the society. Such draft should also be
given to interested members of the society who may like to invite the developers in their respective
contacts. News paper advertisement, if considered necessary should be drafted in consultation with
the managing committee. PMC to analyse the tenders analysed and to apprise managing committee
about such analysis. Interested developers may seek clarifications from pmc.
5. To each intending developer submitting the tender or offer form, pmc should issue an
acknowledgement receipt.
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6. Best of the financial terms including corpus fund, larger area flats for each member, hardship
compensation, rental compensation at prevailing market rate with due increment in case of rental
market going up, best of amenities, strict legal terms in documentation, flexibility on the part of the
developer to meet peculiar needs of society and its members should be some of the prominent
criteria for selection of the developer.
7. Managing committee should tentatively select developer on consideration of recommendation by
pmc and general body meeting should take final decision on selection of developer.
8. Offers should be submitted by all the developers in standard tender or offer format to allow
comparision.
9. PMC should draft Letter of Intent/Appointment on consideration of legal implications thereof.
10. PMC should co-ordinate with the office of registrar of co-operative societies in respect of
redevelopment process and should draft correspondence, papers and documents to be submitted
to the office of the registrar in connection with redevelopment process.
11. Drafting of redevelopment documents as per society instructions and in consideration of applicable
laws including MOFA, 1963, MCS Act, 1960, Transfer of Property Act, 1882 and other property laws,
laws and regulations concerning developments and constructions, bye laws of the society.
12. Drafting documents on consideration of income tax, VAT, service tax laws.
13. Drafting/amending bank guarantee.
14. Drafting power of attorney.
15. Drafting individual agreement for each member.
16. Vetting TDR documentation from legal and taxes point of view.
17. Provision of services of the architect, engineer, chartered accountant, advocate in the matters
connected with the process of redevelopment.
18. As may be needed, attending meetings of members to explain and/or to interact with members.
19. Filing of income tax returns of the society for the years during which redevelopment project
continues.
20. Manner of disclosure of benefits of redevelopment in individual income tax returns of the members
in the relevant years, at the request of the member.
21. Drafting correspondence on behalf of the society with architect, municipal authorities and others in
relation to redevelopment project.
22. Drafting various circulars and letters and resolutions for the society in relation to matters connected
with redevelopment project.
23. Drafting documents should be in absolutely transparent manner.
24. PMC services should primarily be in the nature of consultation and suggestions. Drafting of
documents should also done after thorough discussion of the issues at stake and after considering
views of the society and after explaining pmc’s views. Ultimate decisions should be left upon
the society. PMC should help society in decisions making process but should not insist that the
decisions must be taken only in the manner it wants.
Redevelopment is a subject wherein lot of misconceptions lie; wherein lot of public concern lies. Drafting
of iron clad documents is the single most important aspect in any redevelopment and the pmc should be
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able to assure that as far as redevelopment documentation is concerned, any member can compare the
same with that of any other society and the member will himself be able to satisfy that documentation is
the safest and takes care of every interest of the individual member as well as the interests of the society
as well as takes care of the safety of the committee members.
Drafting of tender form or offer form should be such that only the developers with merits and
commitment would come forward as the drafting would clearly convey message that draftsman knows
construction laws, property laws, stamp duty, registration laws, revenue laws, regulatory provisions
and more importantly the draftsman knows the possible wrongs in the redevelopment projects and the
necessary plugs to prevent such possible wrongs. Before accepting assignment, pmc should understand
expectations of society and should explain the exact role that the pmc would perform in a particular
project. PMC appointment should be under proper documentation.
Nothing speaks better than actual work.
PART III. DEEMED CONVEYANCE IN FAVOUR OF A CO-OPERATIVE HOUSING SOCIETY OR OTHER
HOUSING ENTITY:
1. MOFA, the regulatory territorial law in the State of Maharashtra :
Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management
and transfer Act, 1963 (in this article referred to as “the Act”) popularly known as “MOFA” was
enacted initially for a temporary period of five years to regulate the promotion of construction, sale,
management and transfer of flats in the State of Maharasthtra. The duration of the Act was extended,
from time to time till 31st March, 2005. Thereafter, probably inadvertently, the Act was not extended
for some time. It was realized that the acute shortage of housing in several areas of the State of
Maharashtra, especially in metropolitan cities like Mumbai, Pune, Nagpur, etc., was increasing day by
day due to continuous flow of population from rural areas to urban areas and in order to prevent the
mal-practices it was expedient to have this Act as perpetuity. Therefore, an Ordiance was promulgated
extending the Act perpetually with a retrospective effect from 1st April, 2005.
2. Time bound provisions for formation of housing entity and execution of conveyance :
Provisions contained in the Act since its enactment in 1963 did require a promoter including a
builder, developer, a cooperative housing society constructing flats for sale to take steps to form
a housing entity i.e. either a co-operative society, company or apartment ownership association,
by submitting application for formation of a co-operative society or a company or taking steps
for constitution of apartment ownership association, as the case may be, within 4 months from
the date on which 60% of the total number of the flats are sold. The original Act also provided
for mandatory conveyance of the subject land and building in favour of the housing entity either
within the agreed time period, and in the absence of any agreed time period, within 4 months from
the date of registration of cooperative society or a company or constitution of the association of
apartment owners, as the case may be.
3. MOFA in its original form did not have required teeth :
However, the Act did not have required teeth and as a consequence hardly any promoter must have
formed housing entity within the prescribed time period and in majority of the cases conveyances
have not been executed by the promoters for years. Although, it is possible to form a housing
entity of the flat purchasers without co-operation of the promoter but legal remedies available for
enforcing conveyance at the civil court for specific performance or at consumer court for deficiency
in service and/or at criminal court for violation of MOFA have been time consuming and the
problems are more compounded in the cases wherein landlord has expired and the legal heirs are
scattered.
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4. Implementation of MOFA has not been effective so far :
The very objective of MOFA since its enactment is to effectively prevent abuses and malpractices
due to acute shortage of housing in the several areas of the State. Government has realized that
the implementation of the Act has not been effective enough particularly with reference to some
of its provisions with the result that the objective behind enactment of the Act has not been fully
achieved. Therefore, in the year 2005 Government initiated steps in an effort to remedy the situation.
5. Amendments carried out to MOFA and Rules :
It is in this background that effort of the Government in the form of amendments carried out by the
Amendment Act 2005 passed in the year 2008 and followed by amendment in rules as notified on
27 09 2010 is to be appreciation.
The amendments carried out by the Amendment Act 2005 and the MOFA Rules include provisions
for formation of a co-operative society within the prescribed time period and more importantly
provision for execution of conveyance in favour of the housing entity to be formed of flat purchasers
within the prescribed time period.
6. Amendments to the Act and Rules strengthen provisions for formation of housing entity and for
mandatory conveyance :
Amendments carried out to the Act and the Rules do strengthen provisions for formation of
a co-operative society, in case the promoter fails to do so within the prescribed time period.
Predominantly, the Act has been amended to strengthen the provision of execution of convenience
in favour of the housing entity within the prescribed time period by providing for issuance of
unilateral deemed conveyance in favour of the housing entity.
7. Flat agreements must be duly stamped and registered :
For registration of a co-operative society, the flat purchasers should elect a chief promoter at their
meeting. For enforcing formation of a co-operative society and for enforcing unilateral deemed
conveyance under amended MOFA and amended rules, it is necessary that agreements between the
promoter and the flat purchasers are duly stamped and registered as required under the provisions
of under Bombay Stamp Act 1958 and Registration Act 1908 respectively.
8. Competent Authority :
Task of implementation of amended provisions concerning mandatory formation of cooperative
society and granting unilateral deemed conveyance has been entrusted to a “Competent Authority”
being an officer not below that rank of District Deputy Registrar of Co-operative Societies to be
appointed by the State Government.
9. Provisions for mandatory formation of a co-operative society :
It is provided that if the promoter fails within the prescribed time period to submit an application
to the Registrar for registration of society in the manner provided in the Maharashtra Co-operative
Societies Act, 1960, the Competent Authority may, upon receiving an application, in the prescribed
form, affixed with court fee stamps of Rs. 1,000/-, from the persons who have taken flats from
the promoter, after verifying authenticity of the applicants’ request and after giving the concerned
promoter a reasonable opportunity of being heard, direct the District Deputy Registrar, Deputy
Registrar or, as the case may be, Assistant Registrar concerned, to register the society. Such
application may be presented either by the Chief Promoter or an authorised agent accompanying
an authority letter duly signed by the applicant and accepted by the authorised representative. An
authorised agent may be an advocate or any other person.
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10. Provisions for unilateral deemed conveyance :
10.1. Submission of Application :
If the promoter fails to execute conveyance in favour of the housing entity, within the prescribed
period, the members of such housing entity may make an application in prescribed form affixed
with court fee stamps of Rs. 2,000/- to the concerned Competent Authority accompanied by the
true copies of the registered agreements for sale, executed with the promoter by each of the
individual members of the housing entity who have purchased flats and all other relevant documents
(including the occupation certificate, if any ), for issuance of unilateral deemed conveyance in its
favour and to have it registered. Such application may be presented either by the housing entity or
its authorised agent accompanying an authority letter duly signed by the applicant and accepted by
the authorised representative. An authorised agent may be an advocate or any other person.
10.2. Scrutiny and admission of application :
On receipt of an application, office of the Competent Authority shall endorse date of receipt
thereupon and shall as soon as possible, examine it and satisfy itself that the person presenting it
has authority to do so and that it conforms with all the provisions of the Act and the Rules made
thereunder.
If the Competent Authority is satisfied that the application is complete in all respect, it shall cause
the application to be registered, as admitted, in the appropriate register to be maintained in the
prescribed form.
However, if the application is not complete, the Competent Authority may send a notice in the
prescribed form to the applicant/s to rectify the defects or comply with such requirements, as it
may deem fit to conform with all the provisions of the Act, and the Rules, within a period of fifteen
days of the receipt of such notice, which for sufficient cause may be extended for a further period
of not more than 15 days.
If the stated defect in an application is rectified, the Competent Authority shall cause it to be
admitted and register the application in the appropriate register to be maintained in prescribed form.
10.3. Written statement by the Opponent:
On admitting the application, the Competent Authority shall, within a period of fifteen days
thereof, issue a notice in prescribed form to the opponent/s requiring him/them to file the written
statement on the day, date and place as may be specified therein. Such notice shall be served on
the opponents by registered post acknowledgment due or under certificate of posting on the last
known address.
On the date fixed as aforesaid, the opponent shall appear either in person or through his advocate
or his authorized representative before the Competent Authority and shall file a written statement.
10.4. Hearing of application :
The Competent Authority shall issue necessary notice to all the parties regarding the date fixed for
hearing the application and publish or display the date fixed for the hearing thereof on its office
notice board sufficiently in advance.
On the date of hearing, if the applicant appears and the opponent or any of the opponents, does
not or do not appear, as the case may be, the Competent Authority shall decide the application
ex-parte. However, if before deciding the application, the Opponent appears and shows a sufficient
cause for his non-appearance on the earlier occasion(s), he shall be heard in the matter as if he had
appeared before the Competent Authority on the earlier day.
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If on the date fixed for hearing or on any other day to which the hearing may be adjourned, the
applicant does not appear either in person or by his authorised representative, when application is
called for hearing, the Competent Authority may dismiss the application.
If, on the date fixed for hearing or any other day to which the hearing may be adjourned, the
Opponent/s does/do not appear either in person or through his/their authorised representative, when
the application is called for hearing, the Competent Authority may decide the same on merits after
hearing the applicant or his authorised representative, if present.
10.5. Production and inspection of documents:
The parties shall file the documents referred to in the pleadings at the time of filing application
and written statement, as the case may be. If either party satisfies the Competent Authority that
any document is relevant and the same is in the custody of the opposite party, the Competent
Authority may, by an order in writing, direct such party to produce such document on the next date
of hearing. If the party so ordered, fails to produce such documents on the next date of hearing,
the Competent Authority may draw adverse inference against such party and hearing of the original
application shall not be postponed till filing of such documents or for the reasons of such non
compliance of the order.
If the Competent Authority is satisfied that the documents required to be produced, cannot be
brought before the Competent Authority for sufficient reasons like its volume or otherwise, the
Competent Authority may allow the opposite part to take inspection of the documents within seven
days from the date of order of such inspection.
If the Competent Authority is satisfied that the opponent had no access to the documents earlier and
the filing of additional statement is necessary, it may allow the filing of such additional statement.
10.6. Procedure for hearing the application:
On receipt of the statement of the opponent, the applicant shall prove contents of the application
and also deal with the contention of defences. The opponent likewise may file reply in support of
the defence on the next date, if he so desires. No cross-examination of any of the parties shall be
permitted.
On receipt of the replies, the Competent Authority shall proceed to hear oral arguments of the
parties and after hearing, shall close the proceedings for the order.
10.7. Decision on application within 6 months :
The Competent Authority shall, within reasonable time and in any case not later than six months
from the date of receipt of the application, after making such enquiry as may be deemed
necessary it and after verifying the authenticity of the documents submitted by the parties and
after hearing them and giving the parties sufficient opportunities as required under the Act and
the principles of natural justice, pass such appropriate order as it deems fit, as provided under
the Act.
10.8. Issuance of unilateral deemed conveyance by the Competent Authority :
On being satisfied that it is a fit case for issuing such certificate, the Competent Authority shall
issue a certificate to the Sub-Registrar or any other appropriate Registration Officer under the
Registrar or any other appropriate Registration Officer under the Registration Act, 1908, certifying
that it is a fit case for enforcing unilateral execution of conveyance deed conveying the right,
title and interest of the promoter in the land and building in favour of the applicant, as deemed
conveyance.
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10.9. Registration of unilateral deemed conveyance :
Along with the unilateral instrument of conveyance, the Sub-Registrar or the concerned appropriate
registration Officer shall, notwithstanding anything contained in the Registration Act, 1908, issue summons
to the promoter to show cause why such unilateral instrument should not be registered as ‘deemed
conveyance’ and after giving the promoter and the applicant(s) a reasonable opportunity of being heard,
may, on being satisfied that it was fit case for unilateral conveyance, register that instrument as ‘deemed
conveyance’.”.
PART IV : ISSUES IN DEEMED CONVEYANCE
Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management
and transfer Act,1963 (in this article referred to as the Act ) popularly known as MOFA regulating
promotion of construction, sale, management and transfer of flats in the State of Maharashtra did
have onerous provisions inter alia for formation of a housing entity and execution of conveyance in
a time bound frame.
However, the Act did not have required teeth. Provisions of deemed conveyance have recently
become operative. However, law and the procedure are yet to be digested. Here is an attempt to
address some of the issues involved.
First of all the provisions of deemed conveyance can be activated only when the promoter (including
builder/developer ) has failed to execute conveyance within the prescribed time period. MOFA
continues to provide that only when no time period for conveyance has been agreed upon between
the flat purchasers and the promoter then the prescribed time period of four months from the date
of formation of the housing entity i.e. a co-operative society, an association of apartment owners or
a limited company. In all likelihood, the promoter will mention a longer time period for conveyance in
new agreements thereby making the deemed conveyance provisions inoperative during such agreed
time period.
Buyers have little or no choice but to sign the flat purchase agreements with the promoters on dotted
the lines.
Although, the law continues to provide an option to form a society, an association or a company and
duty has been cast upon promoter to form such housing entity within four months from the date of
sale of minimum 60% of the flats, amended provisions provide expeditious process for formation only
society type of entity. Formation of a company would not require a promoters involvement. Vaguely
worded amended provisions providing that if a promoter fails to form a society within prescribed time
period, then the Competent Authority may, upon receiving an application from the persons who have
taken flats from the promoter, direct the concerned co-operative registrar to register a society, cannot
mean that the amended provisions require that all the flat purchasers must apply for registration of
society as only 60% or above would suffice. This is because the Circular requiring that minimum 60%
of flat purchasers can file application for registration of society continues to be operative. Amended
provisions are only for facilitating expeditious registration of a society on default by promoter. If a
view is taken that all the flat purchasers would have to apply for registration of a society then the
very provisions enabling expeditious registration of a society would get defeated as there may be a
flat purchaser being a relative of the promoter or a flat purchaser interested in acting for the benefit
of the developer for some reasons who may decline to join in formation of the society. In the matter
of registration of society, Court has, even in the pre-amended provisions, taken a logical and upright
view that a builder/developer has no locus standi to oppose such registration as his rights to sell his
flats do not in any manner get prejudiced by society registration. The most important issue arises
with regard to requirement of stamping and registration of individual flat agreements. Amended
provisions require that application for deemed conveyance will be accompanied by the true copies
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of the registered agreements for sale, executed with the promoter by each individual member of the
housing entity. Such wordings have led to a view that the purchase agreements in respect of all the
flats have to be stamped and registered. Such a view appears to be incorrect for reasons including
that provisions enabling formation of a society under an application by only 60% of the flats continue;
amended provisions are beneficial intending for expeditious formation of society; wordings of the
amended provisions refer to the members and not to flat purchasers. What will happen in a case
when all the agreements including, chain of agreements in cases of resales of flats, are either not
fully stamped or not registered Pre-amended provisions enabled societies to get conveyance without
reference to stamp duty payment and registration aspects of the individual flat purchase agreements.
Even if some of the flat purchase documents are not stamped, the government does not lose revenue,
because government in any case collects stamp duty on present market value of the entire property
minus stamp duty paid on flat purchase agreements with the promoter. Further, the government can
always enforce payment of stamp duty on unstamped or deficiently stamped documents. The society
can recover the loss due to defective documents of members billing the members. If non-payment
of stamp duty by a few flat purchasers results into non conveyance, it would mean an advantage
to delinquent promoter. Once a housing entity has been legally formed, conveyance should be an
automatic process as otherwise requirement of stamp duty and registration by all the flat purchasers
would tantamount loop holes against the spirit of the amended beneficial provisions.
Under the pre-amended provisions we have court decisions directing promoters to convey property in
favour of a housing entity without going into details, and very rightly and logically so, as to whether
stamp duty and registration requirements were complied with in respect of all flat transactions or not.
Under the law, if some flat agreements with promoter are unstamped or unregistered, the promoter
is more responsible if he has collected more than 20% of the price of the flat.
A view is being propagated that for obtaining deemed conveyance certificate, documents like building
plans, commencement certificate, occupation certificate, completion certificate, property cards,
would be required to be furnished by the society. Such a view seems grossly misplaced as such
requirements would be directly in contradiction to letter and spirit of amended provisions relating
to deemed conveyance which even otherwise have not specified such requirements. Providing
such documents are the duty and obligations of the promoter unless he has given the same to the
housing entity. It seems, such additional requirements are propagated so that non availability of such
documents can lead to unreasonable demands.
Competent Authority would only issue a certificate to Registration Authority that it is a fit case for
granting unilateral deemed conveyance in favour of the housing entity.
Thereafter, the Registration Authority would serve summons to promoter to show cause as to why
unilateral instrument of conveyance should not be registered as deemed conveyance. Apprehensions
are being expressed as to what kind of hearing will once again take place. It is submitted that the
Registration Authority cannot in any case review the decision already taken by the Competent
Authority that it is a fit case to grant unilateral deemed conveyance. Powers of Registering Authority
will have to be confined to as provided in the Registration Act,1908 in respect of verification of
documents and identity of persons appearing before it. No time limit has been specified within which
Registration Authority would have to act but in the absence of substantial powers and duties on its
part, unreasonable delay may not be possible.
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Dr. Sanjay Chaturvedi a Commerce Graduate from University of Mumbai and was
conferred PhD degree in Real Estate Finance from University of Mumbai. He has
presented many papers in National and International conferences and published.
He authored eight books on various aspects of Real Estate and allied subject. He
is visiting faculty at Department of Commerce, University of Mumbai, NMIMS
University and other reputed institutions.
At present he is Executive Editor of Accommodation Times and Maharashra Co-
operative Housing Society Times. He is also Director at Accommodation Times
Institute of Real Estate Management and Research Foundation. In the past he had
freelanced for Reuters and other international news agencies
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Laws governing co- operative societies,
trusts, real estate transactions
Dr. Sanjay Chaturvedi
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NAME : Shri. Manoj V. Daisaria
ADDRESS : 801, Skyline Epitome, Kirol Road, Nr.Jolly Gymkhana,
Vidyavihar (West),
Mumbai – 400 086.
DATE OF BIRTH : 29th November, 1959
QUALIFICATION : H.S.C. – K.J.Somaiya College, Mumbai.
GD ARCH. – 1982 From Rachna, Sansad Academy of
Architecture, Mumbai.
B. ARCH. – 1982 From Academy of Architecture, Mumbai.
EXPERIENCE : - Joined Father’s Firm in 1982
- Handled Project From Major, Developers in and around
Mumbai, Goa, Ahmedabad
- At present involved in development of I.T. Parks,
Multiplexes, Malls Corporate Offices, Residential Town
Ship, Slum Redevelopment etc.
- Also involved in Charitable works like Hospitals, Schools,
Cemetery etc
PROFESSIONAL EXPERIENCE AND ACHIEVEMENT
• Our firm is appointed as Project Management Consultant in Category ‘A’ by
Maharashtra Housing Area Development Authority.
• Shri. Manoj Daisaria was appointed as a special invitee for District Planning
Committee appointed by Government of Maharashtra in the year 2000.
• Shri ManojDaisaria was President of PEATA (INDIA) (Practicing Engineers
Architect & Town Planners Association) (2007 – 2009)
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FACTS FIGURES FORMULAE
COMPILED BY:- MANOJ DAISARIA
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DCR 35(4) – Compensatory FSI (Floor
Space Index):
Percentage Premium
Residential 35% 60%
Industrial 20% 80%
Commercial 20% 100%
DCR 33(7), 33(9), 33(10)
This FSI admissible for Rehab. component - without charging
premium.
DCR 33(5) & Re-development in suburbs (1.0 + TDR)
Fungible fsi on consumed fsi of existing structure - without
charging premium.
This fungible FSI for rehab. component to be used for over and
above eligible area for existing tenants and not for sale
components.
Applicability :-
1) Not applicable if I.O.D. is issued but building is not
completed and apply at the option of owner. New
rules can be availed.
2) If I.O.D. is issued for layouts / sub-divisions – This
rule to be applicable to balance plot potential.
3) The fungible FSI is useable as regular FSI.
4) Not permissible in C.R.Z
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RESIDENTIAL BUILDING
COMMERCIAL BUILDING
33(7) REDEVELOPMENT OF CESSED BUILDINGS
IN ISLAND CITY
REDEVELOPMENT IN SUBURBS
IMPACT ON:-
PROVISIONS PRIOR TO AND AFTER
MODIFIED D.C. REGULATION
OPEN SPACES
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RESIDENTIAL BUILDING
FREE OF FSI AREA AS PER EARLIER REGULATION.
RESIDENTIAL BUILDING
FREE OF FSI AREA AS PER PRESENT POLICY
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COMMERCIAL BUILDING
FREE OF FSI AREA AS PER EARLIER REGULATION.
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COMMERCIAL BUILDING
FREE OF FSI AREA AS PER PRESENT POLICY
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33(7) REDEVELOPMENT ON CESSED BUILDING ON ISLAND
CITY
FREE OF FSI AREA AS PER EARLIER REGULATION.
33(7) REDEVELOPMENT ON CESSED BUILDING ON ISLAND
CITY
FREE OF FSI AREA AS PER PRESENT POLICY
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REDEVELOPMENT IN SUBURBS
FREE OF FSI AREA AS PER EARLIER REGULATION
REDEVELOPMENT IN SUBURBS
FREE OF FSI AREA AS PER PRESENT POLICY
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THANK YOU
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• B. E. CIVIL Distinction passed in the year 1976
• Retired as Chief Engineer Devlopment Plan Of Municipal Corporation Of
Greater Mumbai
• He is well conversant with Development Control Regulations Of Greater
Mumbai n worked in M C G M for 35 years
Shri S. Y. GHATE
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Dr. Girish Kumar received Ph.D. degree in Electrical Engineering from IIT Kanpur in
1983. From 1983 to 1985, he was a Research Associate in the Electrical Engineering
Department, Univ. of Manitoba, Winnipeg, Canada. From 1985 to 1991, he was
an Assistant Professor in the Electrical Engineering Department, Univ. of North
Dakota, Grand Forks, USA. Since 1991, he is at IIT Bombay, where he is currently
a Professor in the Electrical Engineering Department. His areas of interest are:
Microstrip Antennas and Arrays, Broadband Antennas, Microwave Integrated
Circuits and systems. He has written more than 200 papers in the international and
national journals and conference proceedings. He is an author of the book entitled
“Broadband Microstrip Antennas” published by Artech House, USA in 2003.
He has been working on hazards of microwave radiation for the last one decade.
He has written several reports and given presentations at various forums on the
topic related to Cell Phone and Tower Radiation Hazards and Solutions.
He is also chairman of the company “Wilcom Technologies Pvt. Ltd.”, which is an
IIT Bombay incubated company. Wilcom has developed more than 100 products,
such as, mobile phone jammers, signal enhancers, radiation shield, antennas,
power dividers, couplers, filters, amplifiers, etc.
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Cell Towers - an income avenue or a menace ?
Dr. Girish Kumar
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Ms. Neha Kumar completed her B.Tech. in Industrial Biotechnology from Anna University, Chennai in May
2009. Immediately after graduation, she joined as Director of “Wilcom Technologies Pvt. Ltd.”, which is
an IIT Bombay incubated company. She specializes in the study of biological effects of electromagnetic
radiation emitted from devices such as, cell phones, cell towers, TV and FM towers, Wi-Fi, etc. on
the health of humans, birds, animals and the environment. She has studied several 100’s of journal
publications and websites on this subject and has interacted with several experts, researchers, doctors
and patients around the world who have been affected with prolonged exposure to mobile tower/phone
radiation. Her report “Biological effects of Electromagnetic Radiation” co-authored with Prof. Girish
Kumar, IIT Bombay has received great appreciation and several media articles have appeared based on
the same. She has presented papers at international conferences and written articles for newspaper and
college magazines. She has also given talks at KEM Hospital, Mumbai, Xavier Institute of Engineering,
Rotary Clubs, Environmental Hazards Protection Forum - Penang, Malaysia and several other places.
She is involved with radiation measurements from cell tower antennas at several residential areas and
offices, and has found a strong correlation between high radiation levels and health effects like headaches,
fatigue, memory problems, joint pains, miscarriages and even cancer.
Recently she started her own company NESA (stands for Non- Ionizing Electromagnetic Radiation
Shielding Alternatives), which carries out radiation measurement and has cell tower radiation
measurement products as well as several radiation shielding products like Radiation Shield, Window
Shielding Films, Curtains, Wall Papers etc.
Ms. Neha Kumar
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Cell Towers Radiation Hazards and Solutions
Neha Kumar
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Dr. K S Parthasarathy is formerly Secretary, Atomic Energy Regulatory Board (AERB) and formerly
Raja Ramanna Fellow, Department of Atomic Energy. A Ph.D in medical physics from the University
of Leeds, UK, he was a consultant to the International Atomic Energy Agency (IAEA) Vienna. He
was a Research Associate in the University of Virginia Medical Centre, Charlottesville, USA. He has
assisted AERB in developing radiation protection policies on radiation installations, equipment and
practices. He is a free lance science journalist registered with the EurekAlert news agency of the
American Association for the Advancement of Science, the British Medical Association, the American
Medical Association and the NucNet, The Communications Network for Nuclear Energy and Ionizing
Radiation
Dr. K S Parthasarathy
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Do Not Fear The Tower
Shri K.S. Parthasarathy
Possible risks from cell tower/phone radiation have been a topic of discussion in the media. With
breathtaking progress in mobile phone technology, there has been unbridled increase in the use of mobile
phones nationwide. Cell towers have sprung up everywhere. The agents selling ‘protective’ accessories
have attributed all types of diseases and symptoms to these towers and encouraged the public to believe
in them.
Cell tower radiation has a million times less energy than that of x-rays or gamma rays. It cannot damage
the cells in the body to change some of them into rogue cells, which multiply uncontrollably to cause
cancer. It may just warm up the tissue. Since all the studies on this subject have been conducted for a
period of less than 20 years, we may still have to go a longer way before we get definitive proof. But the
results obtained thus far are reassuring.
After a comprehensive review of the relevant literature, the World Health Organization, in its factsheet
number 304, stated thus: “Considering the very low exposure levels and research results collected to
date, there is no convincing scientific evidence that the weak RF [radio frequency] signals from base
stations and wireless networks cause adverse health effects...”
The International Agency for Research on Cancer of the WHO has the remit to decide whether an agent
or an activity is a carcinogen or “possibly carcinogenic” to humans. In The Lancet Oncology of July 1,
2011, the IARC indicated that it mainly depended on the interphone study and the pooled analysis by a
Swedish group led by Lennart Hardell to arrive at a decision. The interphone study supported by WHO
is the largest case study of the possible relation between mobile phones and brain tumours conducted
till date.
Patently absurd
The researchers of the interphone study did not observe any increase in the risk of brain cancer with the
use of mobile phones. “There were suggestions of an increased risk of glioma at the highest exposure
levels, but biases and error prevent a causal interpretation”, they concluded.
The IARC’s list of possibly carcinogenic agents has 275 items; it includes coffee, pickled vegetables,
certain fatty acids in coconut oil used to make soaps, talcum powder and so on. None of them received
as much media publicity as cell phone radiation.
The International Commission on Non-Ionizing Radiation Protection is the standard body which sets
up guidelines for matters pertaining to radiation. Most countries enforce the ICNIRP guidelines. On a
recommendation from an Inter Ministerial Committee, India enforced a radiation limit of one tenth of the
ICNIRP guidelines nationwide. India’s guidelines have a safety factor of 500. Lowering the guidelines for
cell tower/phone radiation was a symbolic gesture because people ‘wanted’ it.
It appears to have set a bad precedent; specialists must decide such matters on the basis of scientific
merit and not on popular sentiments. The IMC did a great disservice by selectively listing a number of
reports which showed adverse effects while ignoring many reports which did not show any adverse
impact. The IMC did say that there is no conclusive proof of harm from cell tower radiation. But
scaremongers demand lower levels quoting the IMC’s report. The IMC unwittingly gave them leeway.
A cell phone may cause a small increase in body temperature in areas close to the phone.
Thermoregulatory mechanisms such as blood flow reduce the heat, establishing equilibrium, in about
six minutes. Thereafter, there will not be any increase in temperature. So it is patently absurd to say that
using a phone longer multiplies the risk.
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Shri Sushil Solanki, IRS is presently posted as Commissioner of Service Tax,
Mumbai. He joined Indian Revenue service in the year 1985. He is also a
Chartered Accountant. He completed MSc in Fiscal Studies from University of
Bath, England in 1995 where he secured first rank in the university. He has worked
at many places like Mumbai, Delhi, Pune, Bangalore and Surat. In Delhi, he was
working in the Ministry of Finance where he was involved in Budget making
for Govt of India. During 1994, he was associated with introduction of Service
Tax in India. He is also closely associated with formulation of GST (Goods and
Service Tax ) in India. He has been part of number of committees set up by Govt
on issues relating indirect taxes. He has authored books on Excise Audit and
other subjects. He was conferred with prestigious Presidential Award in 2001 for
meritorious service. He was one of the member of Expert Group, which formulated
and introduced a professional system of Audit, known as EA 2000, in the Central
Excise department. He also introduced Computer Assisted Audit Technique tool
for audit in Excise and Service Tax.
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Shri A. R. Krishnan is B.Com. (Hons.), Grad. C.W.A., F.C.A. (22nd rank in Inter CA) practicing as a
Chartered Accountant since 1981.
His present areas of expertise and practice are Service Tax. He has authored a Publication “Guide to
Service Tax” published by Western India Regional Council (WIRC) of Institute of Chartered Accountants’
of India (ICAI) and the Continuing Professional Education Committee of the Institute of Chartered
Accountants of India, New Delhi in 2002. He has contributed to the study material on service tax when
it was first introduced in CA final as a subject. He has also written a detailed paper on “Service Tax
on Cross Border Transactions” for “International Tax & Finance Conference” organized by Bombay
Chartered Accountants Society (BCAS) in 2006 and 2012. He has been contributing to BCAS Referencer
Diary in the area of Service Tax for the past 11 years. He has been writing a regular column on service
tax for the newsletter published by the Western India Regional Council of the Institute of Chartered
Accountants of India for the past 12 years – readership of over 50000 professionals. He lectures on
Service tax at various Forums, Seminars and Conferences and also contributes articles on service tax
in various periodicals. As of now he has spoken over 1000 places all over India in various forums
including at National Academy of Customs, Excise and Narcotics, Bhandup, Mumbai [a training forum
for Government Officers].
He is regularly providing inputs to the ICAI, Bombay Chartered Accountants Society, Chamber of Tax
Consultants and the Government of India in the area of service tax by way of pre-budget and post-
budget memorandum.
He is/has been a member of various committees of ICAI, WIRC, Bombay Chartered Accountants Society
and Chamber of Tax Consultants.
He has been featured as one of the top 10 indirect tax advisors in India based on a survey conducted
by International Tax Review – an International journal published from London in April, 2011.
Shri A. R. Krishnan
87. 75
National Conference on Co-operative Societies, Trusts,
Redevelopment of Properties, Legal and Taxation Aspects
Service tax Issues
Shri A. R. Krishnan
(w.r.t. Redevelopments, Ordinary Maintenance of Co-operative Societies, repairs to properties, renting of
properties, cell tower spaces, trusts etc.)
1. Taxability of revenue streams of a Co-operative Society:
S l .
No.
Nature of Revenue Streams Taxability
(a) Members contribution towards repairs, muncipal taxes,
water charges, security, lift maintenance, sinking fund etc.
(b) Transfer premium paid by outgoing members
(c) (i) Space given to
(a) erect hoarding
(b) cell towers etc.
(ii) Space given to exhibit advertisement in society’s
hoarding
2. Renting of flats/residential dwellings by flat owners
Service by way of renting of residential dwelling for use as residence is covered under the negative
list.
Would renting of “residential dwellings” be liable for service tax under the following scenario?
Sl.
No.
Scenario Department’s view in
Education Guide
ARK’s Views to be
discussed
(i) residential house taken on
rent is used pre-dominantly
for commercial or non-
residential use
Not covered in the negative
list entry
(ii) If a house is given on rent
and the same is used as a
hotel or a lodge
Transaction not covered
in the negative list entry
because the person taking
it on rent is using it for
commercial purpose
(iii) Furnished flats given on rent
for temporary stay ( a few
days)
Such renting as residential
dwelling for the bona fide use
of the person or his family
for a reasonable period shall
be residential use; but if the
same is given for a short stay
for different persons over
a period of time the same
would be liable to tax.