There was a fire in ‘A’ wing of my building due to which the entire wiring was required to be changed in every flat in the wing. My society is proposing to charge the cost of wiring from the members of A Wing only. Is this proper?
Sunil Rawat, Mankhurd
As per Bye Law 68, it is the responsibility of the society to carry out the repair and maintenance of the electric lines up to the main switches in the flat. The costs involved in replacing the electric wires pursuant to the fire in ‘A’ wing have to be borne by the society. It may not be proper for the society to recover the said cost of wiring from the members of ‘A’ wing alone. However, every society is required to protect its property against the risk. By-laws provide that the society shall insure its building/s necessarily against the risk of natural calamities, fire, flood, earthquake, third party liability, etc. Your society must also procure insurance policies to mitigate such risks. You may request your society to file a claim under the insurance policy. (By-laws 68 and 160 of 2014)
Following differences among members of our society, an administrator was appointed by the deputy registrar. However, we are fed up with the administrator and want to get rid of him. How do we do that?
Preksha Ramani, Mahim
Appointment of administrator in a society reflects the non-cooperation amongst the members. An administrator steps into the shoes of the managing committee to discharge its functions. An administrator can be appointed for a maximum period of 12 months from the date of holding office. Please make sure that such tenure has not expired in your society’s case. It is the responsibility of the administrator to make necessary arrangements to constitute a new committee within the said period following due process. The members can insist that the administrator form a new committee. The members cal also come forward to be a part of the committee and spare time for day-to-day functions. Once the election is held and a new committee is appointed, it will take charge of the society and the administrator’s role will come to an end. In case you are not satisfied with the functioning of the administrator, you may file a complaint to the registrar, who has the power to change the administrator, even before the expiry of the period specified in Section 77A of the MCS Act.
My society has hired an agency to provide four guards. However, most of these guards are senior citizens whose performance is no good. If we bypass the agency and directly employ young guards, are we required to pay provident fund and other benefits?
KA Ganesh, Jogeshwari
Generally it is advisable to engage security guards through a registered agency. Such agencies have to comply with provisions of the Private Security Agencies Regulation Act, 2005 (PSARA) with regard to the age limit of the guards, qualification, training, skill certification, background check for criminal track record or convictions, etc. However, if you have issues with the security guard being a senior citizen please enquire with the agency as the prescribed age limit appointing a security guard is 18 to 65 years. Your society may ask the agency to provide competent security guards who are suitable to guard your society. Provident fund and such other welfare provisions are applicable for “factories” and “establishments”. Cooperative Housing Societies are based on the principles of cooperation and do not qualify as “factory” or “establishments” as provided in the concerned law. As such, these provisions are not mandatory. Your society may find it difficult to engage a qualified security guard in such a situation. Moreover, the onus of verifying the credentials and background check of such guards will be on the society.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat.
The questions, in brief, may be sent to fpjchs@gmail.com
