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RIGHTS OF MEMBER OF A HOUSING SOCIETY UNDER MCS ACT.

The Maharashtra cooperative Act endows members with a number of rights and privileges to make sure that their rights on their properties are not compromised in any way. Members of all cooperative housing societies should be aware of their rights and listed below are some of them:
.
Right to allotment certificate
All members of a cooperative society, including those societies that have been registered before the commencement of the Act, who have been allotted plots of land or dwelling units should be issued a certificate of allotment by the society under its seal and signature in the prescribed format.
.
.
Right to inherit and transfer property
Members have a right to the title and interest of their plot of land or flat including the undivided interest in the common areas and facilities which will then also be a part of heritable and transferable immovable property.
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Right to use the common area
All the members have the right to use the common areas and facilities as prescribed by the cooperative housing society. But is they violate or misuse these areas in any manner, the managing committee has the power to recover damages from them.
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Right to attend meetings and vote
Members have a right to attend all the general body meetings of a society and also cast their vote.
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Right to contest election
All members except defaulters have the right to stand for the managing committee elections.
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Right to information
Each member of the society has the right to seek information from the society regarding any transactions they have made.
According to the bye-laws, the society should furbish the said information within thirty days from the receipt of request. But the society also has the right to fix a reasonable fee to furbish such information.
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Right to society records
Under section 32 of the Maharashtra Cooperative Societies Act, 1960, all members should have free access to certain books and documents free of cost. In cases where the society refuses a member to inspect its records, the member can made an application to the Registrar under section 154 of the Maharashtra Cooperative Societies Act. The books or records a member has free access to are: (a) Copy of Maharashtra Cooperative Societies Act, 1960 and Rules 1961; (b) Bye-laws of the said society; (c) Last audited annual balance sheet; (d) Profit and loss accounts; (e) List of all the members in the managing committee; (f) Register of Members; (g) Minutes of both the general body meetings and managing committee meetings; (h) Relevant portions of books and records where the transactions have been recorded.
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INDIANS, PLEASE WAKE UP… BEFORE EVERYTHING IS LOST

Dear Fellow Indian,

Just like you, i am an ordinary citizen of India, I want that Bhagat Singh, Chandrashekhar Azaad, Anna Hazare should be born, but in my neighbor’s house. My kid should study and only earn money. I am selfish, coward, weak and impotent. I want that someone else should fight my battles for me, someone else should die for me.
Shaheed Khudiram Bose, a 12 year old child had thrown a bomb on an english officer’s car. Why are you and me such impotents, cowards & scared that we can’t even come out on the streets against these corrupt traitors?
Why don’t the screams of our martyrs from the jails of kala-pani, make our blood patriotic? Why doesn’t the tight death ropes around the necks of the Chafekar Brothers, their agony, that pain cause an explosion of revolt in our minds? Why doesn’t the gunpowder that Chandrashekhar Azaad had filled in his head with a bullet, that fire, that explosive flow in our nerves?
Subhashchandra Bose had said – “You give me blood, I will give you freedom”
Several thousand people made the soil of our Bharat red with their blood fighting for us. Why cant’s our shameless eyes see that blood soaked red soil?
“We will meet at the funeral-pyres of our martyrs every year, This will be our tribute to those who gave their life to our motherland.”
Lies-Lies.. we have deceived.. we have done treason to our martyrs,
We meet instead at the election rally’s of the traitors, at the victory of the cricket team, We have deceived & failed our martyrs. Why doesn’t the sacrifice made by Bhagat Singh for the motherland flow in our blood? Khudiram Bose kissed the rope with which he was hanged. Why doesn’t that thirst flow in our blood, why doesn’t it flow in our veins?
We take our kids to watch movies in multiplexes, for holidays abroad, we take them to hill stations. Why havent we taken our kids & shown them the Kalapani Jails of Andaman & Nicobar, to Jaliyanwala Bagh, to the birth places & graves of martyrs like Bhagat Singh, Chandrashekhar Azaad, Ramprasad Bismil? Whats the fault of the kids that there is no revolution in the country? Will a revolution happen in the country by showing movies to kids or by showing them the gun with which Chandrashekhar Azaad filled his head with gunpowder? Isn’t it the fault of selfish parents like us?
2000 people sacrificed their lives for us in Jalianwala Bagh. English officer General Dyre murdered 2000 people, and we traitors have never shown ourselves & our kids that Jalianwala Bagh. In those 2000 corpses, were the bodies of the parents of Shaheed Udham Singh – a 12 year old little boy. This little boy searched for the injured in that pile of corpses & gave them water. He grew into a youth with fire in his heart, went to london & shot General Dyre, and we cant even come out on the streets against these corrupts? This Udham Singh, this child was a man, he was brave & proud, not a coward impotent traitor like you & me.
Shame on the life of you & me. I ask you, have you ever helped the families of our martyrs? If not, look for the families of our martyrs, and help them. These traitors, these cannibals, these hungry wolves have eaten up the coffins of our beloved Kargil martyrs right before our eyes. Later they ate up the houses of their crying, screaming widows. We have left the crying, screaming widows of our martyrs, their hungry, screaming children to die. We impotent, traitor citizens have deceived our martyrs. Why?
Wake up. You don’t even have to give your life for the country. Even one paisa will not be spent from your pocket. So what’s the matter? Why don’t you fight for the future of your family, your country? Get out on the road & unite. When you go upstairs after dying, you will be spared the shame in front of our martyrs, and say that I was not such an impotent coward & traitor, that I could not even gather courage to go on the road & join a rally.
When the moment of happiness arrives in the lives of us Indians, we traitor citizens invite those very corrupt traitors who loot us & our country to inaugurate. When it’s time for a happy wedding in our family, we don’t send invitations to the families of our martyrs, we invite the traitor corrupts like VIP’s and treat them with all honour. What’s the matter? The traitor Mir Jafer is dead, but before dying, has he left the blood of treason in our veins?
The whole country has been reading the Geeta since 5000 years, that the soul never dies, and the whole country is so coward, afraid and selfish that for 1000 years we have been slaves of someone or the other? This world has never witnessed any civilization, any breed who has been watching the drama of their own slavery for 1000 years like cowards. One old man – Anna Hazare is fighting for 120 crore Indians, and we, coward, weak-hearted impotent selfish citizens with big mouths, are shamelessly watching the ‘tamasha’, we are not even ashamed. One old man – Anna Hazare is teaching 120 crore Indians, the Indian Youth, the Indian Senior Citizens, the Indian women how to live life like a Lion, and how it can be done.
The British would strip naked our martyrs, put them on ice & beat them till their skin tore off. Then they would put salt & chillies on them. With that pain & agony, one sound would come from the martyr’s mouth – “Vande Mataram”.
For the echo of the words “Vande Mataram” in those moments, for the blood of 2000 martyrs at Jalianwala Bagh, for the broken & hanging necks of our martyrs, for the echoeing screams of our martyrs from the jails of kalapani, for the dead bodies of our soldiers coming from our borders, for the tears & screams of the widows, the mothers, the children of our soldiers… 
Oppose the corrupt with all your might.
Support Anna Hazare with all your might.

Video Clips… 
There is a channel on TV called Animal Planet. One day I saw a true incident – to save the life of its young one, a pig fought a lion for 12 minutes. And till its last breath, the blood drenched pig kept fighting and died. Are we even worse than that pig that we can’t face these traitors, these hungry wolves – corrupts to save our country & our families? We can’t oppose them? Even a pig has taught us that we should fight, that we can fight.

Sarfaroshi ki tamanna, ab mere dil mein hai, Dekhna hai zor kitna is desh ke gaddar – bhrashtachariyon mein hai
I am not a leader, I don’t have any organization, just like you, I am a common Indian Citizen, there was a fire in my heart, so I told you.
You can now go back to your plush comfortable life and forget all this or if you are the one who has little self-respect left then you can come out of your home and on the streets on 16th August 2011, and take a blank paper, write “Government Lokpal Bill” on it and burn it. You can call / sms your local Member of Parliament and demand that the Govt’s Lokpal Bill be scrapped and Jan-Lokpal Bill be enacted or request him to avoid your home when he goes around next time, begging for votes.
MUMBAI MEMBER OF PARLIAMENT’S NUMBER
Milind Deora (022) 22021525
Eknath Gaikwad  9869061056
Gurudas Kamat (022) 25212727 / 9820062727
Priya Dutt (022) 20064583 / 09868180856
Sanjay Patil (022) 25947783 / 9820096350
Sanjay Nirupam (022) 26311666 / 9821345666
 VANDE MATARAM

 PRASHANT B. UIKEY




[Translated from an Article written by Mr. Sunil Gupta]
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AFTER YOU, WHO IS THE LEGAL BENEFICIARY OF YOUR MONEY, NOMINEE OR LEGAL HEIR?

AFTER YOU, WHO IS THE LEGAL BENEFICIARY OF YOUR MONEY, NOMINEE OR LEGAL HEIR?

Did you think that your nominee is the person, who will get all the money legally from your Life Insurance Policy and Mutual funds investments? Ha! That is exactly what you’d think if you aren’t aware of the legal aspects. We assume a lot of things which sounds like they’re obvious, but are not true from the legal point of view. Let’s concentrate on nominations in financial products. 
For whom are we earning? For whom are we investing? Who, do we want to leave all our wealth to, in case something happens to us? It might be your children, your spouse, parents, siblings etc., or just a subset of these. You also might want to exclude some people from your list of beneficiaries. So you think you will nominate person X in your Insurance policy, and when you are dead and gone, all the money goes to person X and he/she becomes the sole owner? You’re wrong! It doesn’t work that way. Let’s see how it actually does!

What is a nominee?
According to law, a nominee is a trustee not the owner of the assets. In other words, he is only a caretaker of your assets. The nominee will only hold your money/asset as a trustee and will be legally bound to transfer it to the legal heirs. For most investments, a legal heir is entitled to the deceased’s assets. For instance, Section 39 of the Insurance Act says the appointed nominee will be paid, though he may not be the legal heir. The nominee, in turn, is supposed to hold the proceeds in trust and the legal heir can claim the money. 

Who is a Legal Hire?
A legal heir will be the one whose is mentioned in the will. However, if a will is not made, then the legal heirs of the assets are decided according to the succession laws, where the structure is predefined on who gets how much. For example, if a man during his lifetime executes a will. In the will, he mentions his wife and children as legal heirs, then after his death, his wife and children are the legal owners of his assets. It is essential that one needs to execute a will. It is the ultimate source of truth and replaces the succession law. Nominee can also be one of the legal heirs.
Important
1) Mention the Full Name, Address, age, relationship to yourself of the nominee.
2) Do not write the nomination in favour of “wife” and “children” as a class. Give their specific names and particulars existing at that moment.
3) If the nominee is a minor, appoint a person who is a major as an appointee giving his full name, age, address and relationship to the nominee.

Why is the concept of nominee?
So you might be wondering, if the nominee does not become the sole owner, why does such a concept of “nominee” exist at all? It’s pretty simple. When you die, you want to make sure that the Insurance company, Mutual fund or your shares should at least get out of the companies and go to someone you trust, and who can further help, in process of passing it to your legal heirs.
Otherwise, if a person dies and hasn’t nominated anyone, your legal heirs will have to go through the process of producing all kind of certificates like death certificates, proof of relation etc., not to mention that the whole process is really cumbersome! (For each legal entity! The insurance company, the mutual funds, for the shares, for the real estate..). So, to simplify, if a nominee exists, these hassles don’t happen, since the company is bound to transfer all your money or assets to the nominee. The company the goes out of scene & then, it’s between nominee and legal heirs.

Example of Nomination
Ajay was 58 years old who died recently in an accident. As his children were settled, he wanted to make sure that his wife is the sole owner of all the monetary assets. This includes his insurance policy and mutual funds. So during his lifetime, he nominated his wife as a nominee in his term insurance policy and mutual funds investments. However, after Ajay’s death things didn’t turn up the way he wanted. The reason being Ajay did not leave a will. Though his wife was the nominee in all his movable assets, as per the law, his wife, along with children, were the legal heirs and all of them had equal right to Ajay’s assets.
One simple step which could have saved the situation was that Ajay should have made a will which clearly stated that only his wife was entitled to get all the money and not his children.

Nomination in Life Insurance
A policyholder can appoint multiple nominees and can also specify their shares in the policy proceeds. Nomination in life insurance has one limitation, as insurance policies are bought to secure your financial dependents, your first choice of nominee has to be your family members. In case you want to nominate a non-family member like a friend or third party, you will have to show/PROVE the insurance company that there is some insurable interest for the person. This happens because of a Clause called PRINCIPAL OF INSURABLE INTEREST in insurance. Note that provision of nomination in life insurance is related to Section 39 of the Insurance Act. Note that as per LIC website
Nomination is a right conferred on the holder of a Policy of Life Assurance on his own life to appoint a person/s to receive policy moneys in the event of the policy becoming a claim by the assured’s death. The Nominee does not get any other benefit except to receive the policy moneys on the death of the Life Assured. A nomination may be changed or cancelled by the life assured whenever he likes without the consent of the Nominee.
Make sure, you have a nominee for your policy for easy settlement of the claim, if you do not have any nominee mentioned in the policy, it can turn out to be a disaster for your dependents to get a claim.

Nomination in Mutual funds
In case of mutual funds, you can nominate up to three people, who can be registered at the time of purchasing the units. While filling in the application form, there is a provision to fill in the nomination details. Even a minor can be a nominee, provided the guardian is specified in the nomination form. You can also change nomination later by filling up a form which is available on the mutual fund company website. Nomination in mutual funds is at folio level and all units in the folio will be transferred to the nominee(s). If an investor makes a further investment in the same folio, the nomination is applicable to the new units also. A non-resident Indian can be a nominee, subject to the exchange control regulations in force from time to time.

Nomination in Shares
Quiz for you . Now you know what a nominee means and who actually gets the money. So if there is a husband H, with wife W and nephew N, and he has nominated his nephew N to be the nominee of his shares in demat account, who will have the legal right to own the shares after husband’s death? If you answer is wife, you are wrong in this case! In case of stocks, it does not work the usual way, if a will does not exist.

In the verdict, Justice Roshan Dalvi struck down a petition filed by Harsha Nitin Kokate, who was seeking permission to sell some shares held by her late husband. The Court noted that as she was not the nominee, she had no ownership rights over the shares. Ms KokaThe’s lawyer had argued that as she was the heir of her husband who had died intestate (without a will), she should have ownership rights of the shares, and be able to do anything with them as she wished. In this case, Ms Kokate’s husband had nominated his nephew in favour of the shares. Justice Dalvi however noted that under the provisions of the Companies Act and the Depositories Act, Acts which govern the transfer of shares, the role of a nominee was different.
“A reading of Section 109(A) of the Companies Act and 9.11 of the Depositories Act makes it abundantly clear that the intent of the nomination is to vest the property in the shares which includes the ownership rights thereunder in the nominee upon nomination validly made as per the procedure prescribed, as has been done in this case.”

 It means that if you have not written a will, anyone who has been nominated by you for your shares will be the ultimate owner of those stocks, The succession laws on inheritance will not be applicable but in case, you have made a will, that will be the source of truth.

Nomination in PPF
Let me give you some shock first. If you have Rs 10 lakh in your public provident fund (PPF) account and you have not nominated anyone for your PPF account, your legal heirs will get maximum of Rs1 lakh only! Yes, it’s so important to have a nominee, now you get it. You can nominate one or more persons as nominee in PPF. Form F can be used to change or cancel a nomination for PPF. Also note that you cannot nominate anyone if you open an account for a minor.

Nomination in Saving/Current/FD/RD Account in Banks
FD’s also come with nomination facility. While opening a new account, there is a column for nomination in the same form and you should fill it. You can nominate two persons with first and second option. Note that in case you have not done any nomination till now, you should request Form No DA-1 from your Bank which is used to assign a nominee in future. (Examples of ICICI Bank, HDFC Bank, Canara Bank). In the same way to change/cancel the nomination you need to fill up Form no DA-2. Read about Corporate Fixed Deposits
As per a famous case, A Bench of Justices Aftab Alam and R M Lodha in an order said that the money lying deposited in the account of the original depositor should be distributed among the claimants in accordance with the Succession Act of the respective community and the nominee cannot claim any absolute right over it.

Section 45ZA(2) of Banking Regulation Act, merely put the nominee in the shoes of the depositor after his death and clothes him with the exclusive right to receive the money lying in the account. It gives him all the rights of the depositors so far as the depositor’s account is concerned. But it by no stretch of imagination make the nominee the owner of the money lying in the account,” the Bench observed.

Conclusion
Now you know! Taking Personal finance for granted can be fatal Just investing knowledge, isn’t enough to have a great financial life. You also need to be well versed with basic legal aspects and make sure you carry out all due arrangement. Nomination is one important aspect you should seriously consider, when checking for the financial products you have bought or plan to buy in future. It’s important to make sure that your loved one’s do not face legal issues and only say and think lovely thoughts about you when you are not around, rather than crib & grumble
[COMPILED FROM MULTIPLE SOURCES ON INTERNET]

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INDIA’S FIGHTER AIRCRAFT TENDER [MMRCA]

$11 BILLION – MEDIUM MULTI-ROLE COMBAT AIRCRAFT (MMRCA) TENDER


lately, Indian Air force had to contend with dwindling numbers of fighters from a peak strentgh of 39.5 Squadrons to just 29 Squadrons. The present aircrafts that IAF has are dominated by outdated aircrafts like  Mig-21. In recent history it has been proved that a country’s Air Force is the deciding factor in any battle. We have a alarming situation where China is arming Pakistan and is emboldening it to take a confrontational posture with India. If we ever had to face these two countries in battle, then our chance of winning the battle wont be that high.

 Understanding the gravity of the situation, the IAF & Defense Ministry projected a requirement for about 126 sophisticated aircraft and floated a tender for 126 Medium Multi-Role Combat Aircraft (MMRCA) worth $11 Billion, with serious offset clauses and full Transfer of Techonology. The Indian government is to buy the first 18 aircraft directly from the manufacturer. The remaining fighters will be built under license with a transfer of technology (ToT) by HAL.
Six aircraft were bid for the order
  • French Dassault Rafale
  • Eurofighter Typhoon
  • Russian Mikoyan MiG-35
  • American F-16IN
  • American F/A-18IN Super Hornet
  • Swedish Saab Gripen
Dassault Rafale:

The Dassault Rafale is a French twin-engined delta-wing agile multi-role fighter aircraft designed and built by Dassault Aviation. The Rafale has the advantage of being logistically and operationally similar to the Mirage 2000, which the IAF already operates and used with great success during the Kargil War (see Operation Safed Sagar). This would require fewer changes in the existing infrastructure of the IAF, which in turn will reduce cost. Moreover, being 100% French also provided Dassault a distinct edge over its competitors on the issue of technology transfer.

The French government has cleared full technology transfer of the Rafale to India, including that of the RBE2-AA AESA radar which will be integrated into the Rafale by 2010
The Eurofighter:
Typhoon is a twin-engine multi-role canard-delta strike fighter aircraft, designed and built by a consortium of European aerospace manufacturer. Some observers believe that aside from the F-22A Raptor, the Eurofighter is the next-best in-service air superiority aircraft world-wide.

 Eurofighter is offering the Tranche-3 Typhoon for the Indian requirement, equipped with the CAESAR AESA radar. EADS has invited India to become a partner of the Eurofighter Typhoon programme if the Typhoon wins the contract, and will be given technological and development participation in future tranches of the Typhoon. In January 2010, EADS offered to include thrust vectoring nozzles (TVNs) with the Typhoon’s EJ200 engines for India. Thrust vectoring will improve operational capabilities, and reduce fuel burn by up to 5% and increase thrust while supersonic cruising by 7%.
Boeing F/A-18E/F Super Hornet
The Boeing F/A-18E/F Super Hornet is a twin-engine carrier-based multirole fighter aircraft. The variant being offered to India, is based on the F/A-18E/F model flown by the U.S. Navy and currently being built for the Royal Australian Air Force (RAAF). Raytheon’s APG-79 AESA radar was offered on the aircraft. 


The problem with this aircraft is several restrictions on its use and transfer of technology by United States Government.

Lockheed Martin F-16IN Super Viper 

The F-16IN, which is similar to the F-16 Block 60, will be a 4.5 generation aircraft. Lockheed Martin has stated that it will be the most advanced F-16 variant developed. It will have a Northrop Grumman AN/APG-80 AESA (active electronically scanned array) radar & General Electric F110-132A engine with 143 kN full reheat thrust with FADEC Controls.


Disadvantages of the F-16 is that its more prone to pilot errors than the Mirage 2000H, and like F/A-18, it too has numerous restrictions by the United States Government. The biggest disadvantage is that it is currently in service with Pakistan.

Mikoyan MiG-35

The Mikoyan MiG-35 is the production version of the latest MiG-29 and incorporates mature development of the MiG-29M/M2 and MiG-29K/KUB technology, such as glass cockpit and fly-by-wire technology.  Since the IAF already has maintenance and upgrade facilities for the MiG-29, this would mean that the fighter could be brought into service with a minimum of expenditure on infrastructure. A major advantage of MiG-35 is that Russia is committed to transfer the plane’s technology, including the new advanced Zhuk-AE Active Electronically Scanned Array radar, to India. In the past, Russia has provided customized versions of military equipment such as the Su-30MKI and continued to provide support for equipment during international sanctions. However, Russian product support, especially for the MiG-29 fleet has been inadequate.

Biggest weaknesses were short range, engines that produce telltale smoke (very bad in air combat) and lack of true multi-role capability. Additionally, buying the MiG-35 would mean an almost total dependence on a single supplier for India’s entire fighter fleet. Recent Russian action of severely hiking prices of vital Military Equipment in the guise of inflation has caused concern in New Delhi.

Saab Gripen NG
The Saab JAS 39 Gripen is a single engine versatile fighter aircraft manufactured by the Swedish aerospace company Saab. The aircraft is in service with the several countries.The Gripen NG has increased fuel capacity, more powerful power plant, higher payload, upgraded avionics and other improvements.
Its drawback includes its short range and its American GE’s F414G engine which will limit its transfer of technology.

Below you can find a technical comparison of the fighters in the fray.


Aircraft:
Dassault Rafale
F-16IN
“Super Viper”
Length:
15.27 m
(50.1 ft)
15.96 m
(52 ft 5 in)
15.03 m
(49 ft 3 in)
18.31 m
(60 ft 1¼ in)
14.1 m
(46 ft 3 in)
17.3 m
(56 ft 9 in)
10.80 m
(35.4 ft)
10.95 m
(35 ft 11 in)
10.0 m
(32 ft 8 in)
13.62 m
(44 ft 8½ in)
8.4 m
(27 ft 7 in)
12 m
(39 ft 4 in)
Height:
5.34 m
(17.4 ft)
5.28 m
(17 ft 4 in)
5.09 m
(16 ft 7 in)
4.88 m
(16 ft)
4.5 m
(14 ft 9 in)
4.7 m
(15 ft 5 in)
Wing area:
45.7 m²
(492 ft²)
50.0 m²
(538 ft²)
27.9 m²
(300 ft²)
46.5 m²
(500 ft²)
30.0 m²
(323 ft²)
38.0 m²
(409 ft²)
Empty weight:
9,500 kg
(20,940 lb)
11,000 kg
(24,250 lb)
9,979 kg
(22,000 lb)
[64]
14,552 kg
(32,081 lb),
[55]
7,100 kg
(15,650 lb)
11,000 kg
(24,280 lb)
Maximum payload:
9,500 kg
(21,000 lb)
7,500 kg
(16,500 lb)
7,800 kg
(17,200 lb)
8,050 kg
(17,750 lb)
5,300 kg
(15,880 lb)
[65]
6,500 kg
(15,400 lb)
24,500 kg
(54,000 lb)
23,500 kg
(51,800 lb)
21,800 kg
(48,000 lb)
29,937 kg
(66,000 lb)
[55]
14,300 kg
(36,400 lb)
[65]
29,000 kg
(65,076 lb)
Powerplant:
2× SNECMA M88-2
1× GE F110-132
Thrust:
• Dry thrust:
50 kN each
(11,250 lbf)
60 kN each
(13,500 lbf)
84 kN
(19,000 lbf)
62.3 kN each
(14,000 lbf)
62.3 kN
(14,000 lbf)
53 kN each
(11,900 lbf)
• Afterburner thrust:
75 kN each
(17,000 lbf)
90 kN each
(20,250 lbf)
144 kN
(32,500 lbf)
98 kN each
(22,000 lbf)
98 kN
(22,000 lbf)
88.3 kN each
(19,840 lbf)
Fuel: • Internal
         • External
4,700 kg
7,500 kg
4,996 kg[66]
3,265 kg
5,880 kg
F/A-18E: 6,780 kg,
5 tanks, total 7,381 kg
3,360 kg[58]
3,800 kg[58]
4,800 kg
External stations:**
14 (5 ‘wet’)
13 (3 ‘wet’)
11 (3 ‘wet’)
11 (5 ‘wet’)
10 (4 ‘wet’)
9 (3 ‘wet’)
Maximum speed:
    • At sea level
Mach 1.8+
(Supercruise: Mach 1+
[67])
Mach 2.0+[68]
(Supercruise: Mach 1.2)
Mach 2.05
800 KCAS
Mach 1.8
Mach 2.0+
(Supercruise: Mach 1.2
[69])
Mach 2.25
Mach 1.2
Ferry range:
   • Unrefueled:
   • Extl. tanks
3,700+  km
3,790 km[70]
4,220  km
3,054 km
2,500 km
4,075 km
2,000 km
3,000 km with 3 drop tanks
1,800 km
1,390 km on air defence with 10-min loiter[71]
1,700 km
722 km
1300 km with six AAMs + drop tanks, and 30 min on station
1000 km
17,000 m
(56,000 ft)
19,812 m
(65,000 ft)
18,000 m
(60,000 ft)
15,000 m
(50,000 ft)
15,240 m
(56,000 ft)
17,500 m
(57,400 ft)
305 m/s
(60,000 ft/min)
315 m/s
(62,000 ft/min)
254 m/s
(50,000 ft/min)
228 m/s
(44,882 ft/min)
N/A
330 m/s
(65,000 ft/min)
1.13
1.18
1.1
0.93
1.18
1.1
None
Thrust Vector upgrade has been offered[72]
None
None
None
May be fitted with thrust vectoring
Unit cost:
~US$84.48 million64 million
~US$108 million80 million[73]
US$50 million[74]
US$86 million
US$48 million
US$38.5 million
Notes:
** = Wet stations










SHORTLISTED FIGHTERS In April 2011, the Indian Government issued letters to the European Eurofighter Typhoon consortium and the French Dassault’s Rafale, asking them to extend the validity of their commercial bids. This action of shortlisting two European fighters instead of American or Russian ones is hailed by experts as a decision taken on merit & technical evaluation with no political strings. This decision by the Indian Ministry of Defense is based on through evaluation based on 643 test parameters listed in the Air Staff Qualitative Requirements (ASQRs).

It may be noted that according to industry insiders, Rafale had quoted a price of $85 million per aircraft and Eurofighter $100 million per piece in flyaway condition in the recent Brazilian competition. For the Indian Air Force (IAF), the Rafale and Eurofighter quote is anybody’s guess, but according to the the industry the machines should cost anywhere between $75 million and $80 million per aircraft in flyaway condition.

The IAF will arrive at a final cost for the two aircraft based on various other factors like the lifecycle cost, maintenance cost, transfer of technology and cost of spare parts. Also, 50% of the total cost of the deal has to be invested in the Indian industry under the offsets obligation.

AMERICANS SHOCKED: The Americans have been shocked at the rejection of their aircrafts F-16 & F/A-18 from the competition and are now trying to bend backwards to win the competition by offering the 2nd Best fighter  in the world F-35 (Best Fighter is F-22 Raptor) which has Stealth capability. But this offer has been rejected by the Indian Government as the shortlisting has already been done and India is currently producing a much better Stealth Fighter aircraft with Russia under a $250 Billion project and its happy with that.

— 


Thanks & Regards
Prashant Uikey

Striving For Protection & Successful Implementation Of Citizen’s Rights

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HOW TO RECOVER DUES FROM DEFAULTER MEMBERS OF HOUSING SOCIETY

A Housing Society needs funds to operate efficiently and effectively. It normally has no commercial business and depends entirely on charges payable by the members for its sustenance and continuance. However, the problem of defaults seriously disturbs the functioning of the society. When the dues are not paid by any defaulter-members, it adversely affects the functioning and development of a society. No other matter receives greater attention in the general body meetings or consumes more time and energy of the managing committee. It is no exaggeration to say that ‘default’ is the single most hard-core problem encountered by almost every society. Unfortunately, the members who regularly make payment of their outgoings suffer the consequences of inferior service due to decreased inflow of funds.

Some Housing Societies have the problem of recovering dues from members who are habitual defaulters. The causes of default vary from blatant violation of the byelaws by the managing committees to stubborn attitude of the defaulter-members. When the default is the result of charging an amount that is either impermissible or inadmissible, and the member concerned defaults, the blame should squarely lie on the high-handed administrative skills of the managing committees. In the real sense this ‘default’ is not a default at all. A ‘default’ occurs only when a member fails to make payment of the charges that are legally due. What a managing committee considers ‘rightfully’ due may not be ‘legally’ due. As such, it is imperative for a managing committee to know what is chargeable and what is not. Barring this exception, a default is a bane that needs timely action, both preventive and curative.

Unless the managing committee meets this problem head-on, it grows like a monster and the entire society feels the pinch. Many a time, it is no use lecturing a defaulter-member to clear the dues particularly when the default is opted out of choice and runs like a low-risk business. The time taken by the Society in taking action against the defaulters is directly proportional to the hardships that may be faced for recovering the said dues in future.

Hence, the managing committee should take timely action on a regular basis because defaults can only be controlled, not entirely eliminated. The moment there is no action; someone adds himself to the bandwagon of defaulters. It is only the timely action of the managing committee that deters a member from turning to be a defaulter, and keeps this menace under control and manageable.

  
Section 101 of the Maharashtra co-operative societies (MCS) Act 1960 has a solution for this and the best part is that Co-operative courts can be entirely avoided. As per the section, societies can obtain ”Recovery certificate” from the Registering Authority and recover dues from the defaulter member by executing the same through special Recovery officer appointed for the purpose.

1.      Prepare a statement of dues in respect of each defaulter-member showing particulars of month-wise dues indicating bill no., bill amount, amount paid, amount balance, interest on balance amount etc.  Make sure that the ‘dues’ do not include inadmissible* and impermissible** amounts, and the interest charged is simple interest at rate fixed by the general body. The maximum permissible interest is 21% per annum (*example: compound interest; **example: levying of non occupancy charges when a flat is kept closed).

2.      Discuss this issue under the regular agenda in the next monthly meeting of the managing committee and pass a resolution to the effect that the defaulter-member be issued with a demand notice to pay the dues by a certain date, failing which action under section 101 of the MCS Act, would follow.

3.      Issue the demand notice stating clearly the amount, date by which it should be paid (15 days from the date of receipt of notice would be ideal), and the consequences of non-payment (i.e. action under section 101). The demand notice need not be in any particular form, and may be signed and issued by the Secretary.

4.      If the payment is not received by the date specified, or only part-payment is received, and the committee decides to go ahead to recover the balance, make an application under section 101 to the Assistant/Deputy Registrar (the authority that registered your society). There should be individual application in respect of each defaulter-member.
5.      Make your application with the following particulars:

(a)  Name and place of authority to whom the application is made     
       (Deputy/Assistant Registrar, Co-operative Societies, ____)

 (b)   Name, full address and registration No. of the society
         (through its Secretary, Shri/Smt.______, APPLICANT)

 (c)    Name and address of the defaulter-member
         (Shri/Smt.______, Member, Flat/Shop No.____, OPPONENT)

 (d)   Details in separate paragraphs beginning with the amount due, and explaining the efforts made by the managing committee to recover dues and the failure of the defaulter-member to make payment.


6.      Make three complete sets of the application, the first copy to the Registrar, the second to the defaulter-member (to be served through the Registrar), and the third copy for your record. Each copy of the application should be enclosed with true copies of the:
        
(a) Statement of dues,
(b) Resolution, and
(c) Demand notice.

7.      There is some fee payable on this application, depending upon the amount due. The fee has to be paid through a challan payable at the Reserve Bank of India.
The rate of fee payable is as under:

AMOUNT
PERCENTAGE
FEES PAYABLE
1,000/-
5.50%
Rs. 15/-
1,001/- to 2,000/-
4.50%
Rs. 20/-
2,001/- to 5,000/-
3.50%
Rs. 20/-
5,001/- & Above
3%
Rs. 25/-
Maximum Fee Rs. 1,000/


8. The Registrar, after scrutiny of the application, will fix a date to decide the matter and informs both the parties (society and the defaulter-member). On the date fixed (or any other subsequent date/s to which the matter is adjourned) and after hearing both the parties, the Registrar decides the matter and if satisfied, issues a certificate of recovery to recover the dues from the defaulter-member.

The forms and documents required in the entire procedure of Section 101 of MCS Act are:

(a) Form of notice to be issued to the member/ occupant.

(b) Draft resolution to be passed by the manging committee

(c) Form of final notice to be issued to the member/occupant

(d) Form of application for issue of recovery certificate \

(e) Form of letter regarding remittance of enquiry fee into government treasury

(f) Form of recovery certificate.

A certificate of recovery issued by the Registrar is final and conclusive proof of the arrears stated to be due, and recoverable from the defaulter-member. Even though the defaulter-member may appeal against the order of the Registrar, before preferring an appeal, he has to make payment of not less than 50% of the amount due. There will be little or no scope for an ‘appeal’ when the certificate of recovery granted by the Registrar is for recovery of dues that are legitimately levied by the managing committee. Moreover, if the dues claimed are legitimate, they will be recovered, no matter how many appeals a defaulter-member makes.








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COMPLAINTS AGAINST YOUR BANK? HERE IS THE SOLUTION

Have you ever been in a tussle with your bank’s services? It is quiet common to face such situations at some point of time. Complaints against banks can happen on anything like delay in cheque clearance, issuance of unsolicited credit cards and insurance policies, recovery of premium charges, charging of annual fee in a ‘free’ card, issuance of loans over phone, disputes over interest rates, wrong billing, and money not being dispensed at ATMs, non-settlement of insurance claims or even misbehavior of employees.
Please read the following factual examples for better understanding.
ATM TRANSACTION FAILS, BUT ACCOUNT DEBITED

In a case of failed ATM transaction, the account was debited though no cash was dispensed.

It was observed that as per the banking ombudsman’s orders the amount was credited to the complainant’s account, but the bank did not pay the penal interest in terms of extant RBI instructions for the delayed period credit of around two months.

The bank was directed to pay penalty at Rs. 100 amounting to Rs. 6,500.


GOLD AUCTIONED DESPITE BORROWER NOT RECEIVING NOTICE

The complainant had pledged gold ornaments to get an agricultural loan payable after one year. Since the borrower did not turn up after one year for renewal or closure/ servicing the loan, the bank auctioned the gold after sending him a notice. The bank reported to the banking ombudsman that the gold was auctioned after serving notice to the complainant in advance. Based on this, the ombudsman closed the case.

In the appeal, the Appellate Authority (AA) observed that the notice, although sent by the bank ten days before auctioning, was returned un-served by the post office since the door was locked. In fact, the branch admitted to having received the notice back from the post office before auctioning the gold. But it went on with the auctioning programme. Since the auctioning was done without information to the customer, the AA directed the bank to return the auctioned gold to the customer by crediting the difference between the market value and the auctioned value. In addition, the customer was given a compensation of Rs 5,000 also


WRONG BILLING IN CREDIT CARD STATEMENT
An alleged fraudulent transaction worth Rs 8,557 was billed to the complainant’s card towards a hotel bill. The same was reversed after four years by the bank giving permanent credit.

However, the bank statement reflected Rs 27,207 as outstanding on the credit card, which was due to charges for non-payment of the above alleged fraudulent transaction.

As the bank failed to resolve the issue even after a lapse of four years, the banking ombudsman concluded that there was deficiency of service on the part of the bank. Accordingly, the ombudsman advised the bank to reverse all the dues, issue ‘No Dues’ certificate to the CIBIL (Credit Information Bureau (India) Ltd) and pay.
                                                                 __________

Hence, if you have a complaint against a nationalized bank, private bank or a cooperative bank, you can get it redressed. But many of us do not take a pain to pursue complaints. It may be because we are not aware of our rights or the fact that there is a detailed “Code of Commitment to Customers”, which sets a minimum standard of banking practices while dealing with customers.



How to fix your complaint:
Complaint registration: Approach the bank through phone / mail or visit the concerned branch personally to bring the matter to their notice and to get the required solution. Register a complaint in writing and get a written acknowledgement.
Escalation: 
Once a complaint has been registered, the bank is supposed to respond to it within a week’s time. If they are not responding, or if you did not get a satisfying reply, you can approach the regional office or regional grievance Redressal officer. If the bank seeks more time to resolve the issue, give a maximum of 30 days, if their reason is justifiable. This period can vary from case to case.

As directed by the Reserve Bank of India (RBI), every bank has to appoint a Nodal Officer for redressal of customer grievances. 


Banking ombudsman: The banking ombudsman is a senior official appointed by RBI to redress customer complaints against deficiency in banking services. This system has been launched by the RBI to the banking grievance redressal. It works as an intermediary between the bank and the customers trying to bring both the parties to a settlement on the issue within a month.
If the bank is not responding within the committed period, or if you are not satisfied with the resolution, you can approach the banking ombudsman. The intimation can be made online, by post or by a personal visit. Ensure that you have all necessary documents to substantiate your claim. The banking ombudsman will provide a solution in consultation with the bank, or may reject your application if it is invalid or in complete.

There is a tendency to go directly to the ombudsman instead of approaching the bank first. It’s not a good practice. The set procedures should be followed while registering a complaint.

Ombudsman will accept the complaint only if it is made within a year of the incident. Also, the ombudsman is not empowered to impose penalty to banks, but can only order redress of the complaint.


Some areas of the bank’s operations like complaints about misbehaviour or forgery done by banking staff are outside the jurisdiction of the ombudsman. Misbehaviours are to be handled by the branch / regional in-charges while cases of forgery / dishonesty comes under Sec. 420 in courts.

Appellate authority: If you are not satisfied with the decision passed by the banking ombudsman, you can approach the Appellate Authority of the banking ombudsman. Appellate Authority is vested with a deputy governor of the RBI.
Consumer court: A consumer forum, consumer court or a civil court is the last place to reach to get justice for your complaints. You can file a petition in person or through an authorised agent via registered post only. It should contain all facts, supporting documents and contact credentials in an orderly manner. The jurisdiction of the complaints is determined by the facts of the case and where the cause of action arises. The customer needs to serve a notice to the concerned bank before going to the consumer forum.
The ombudsman scheme makes it mandatory for every bank to display information about its grievance redressal system at its branches and website along with the address of the regional banking ombudsman.

Prevention better than cure: 

Though there are genuine cases where customers have suffered due to a bank’s fault, in many cases, a lack of awareness of the customer has caused grievances. Always read the MITC (most important terms and conditions) brochure or agreements in case of loans before purchasing a product.
Always ask as many questions as possible before buying a product and ensure that you actually need it.
The main object while making complaints is to get it resolved at the earliest. Therefore, it is very important to address the appropriate person to resolve the problem effectively.

[Source: DNA News paper, The Hindu – Business Line, ]


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CITIZEN’S GUIDE ON TRAFFIC RIGHTS, VIOLATIONS & PENALTIES

Dear Friends,

We all know  that Traffic Police are a great menace to unsuspecting citizens who in turn have little knowledge of their Rights with respect to Traffic Rules, its Violations and subsequent Penalty Rules. 


Almost daily hundreds of our fellow citizens are fleeced by not only these Traffic Police, but also by the regular Police who are out standing on the road to make quick bucks.


In pursuance of the above said objective, we at “It’s My Right” Google Group present to you a brief Citizen’s Guide regarding your Rights with respect to Traffic Rules, its Violations and subsequent Penalty under the Motor Vehicles Act, along with the some Frequently asked questions (FAQ’s) on this subject.

A. OFFENCES RELATED TO DOCUMENTS
SR. No.
OFFENCES
MAXIMUM PENALTY
SECTION
A-1
1
Driving without a Valid License
Rs. 500/- and /or imprisonment ( 3 months)
3 r/w 181 MVA
A
2
Allowing vehicle to be driven by a person who does not possess a Valid License.
Rs. 1000/- and/or imprisonment ( 3 months)
5 r/w 180 MVA
A
3
Not carrying documents as required.
Rs. 100/-
130(3) r/w 177 MVA
A
4
Driving without Valid Insurance.
Rs. 1000/- and/or imprisonment ( 3 months)
130 r/w 177 MVA
A
5
Driving without Valid Permit.
Rs. 5000/- ( not less than Rs. 2000/-)
130 r/w 177 MVA
A
6
Driving without Valid Fitness.
Rs. 5000/- ( not less than Rs. 2000/-)
130 r/w 177 MVA
A
7
Vehicle without R.C.
Rs 2000/-
39 r/w192 MVA
2. OFFENCES RELATED TO DRIVING
SR. No.
OFFENCES
MAXIMUM PENALTY
SECTION
B-1
1
Driving by Minor .
Rs. 500/-
4 r/w 181 MVA
B-1
2
Allowing Unauthorized person to drive .
Rs. 1000/-
5 r/w 180 MVA
B-1
3
Driving without Helmet.
Rs. 100/-
129 r/w177 MVA
B-1
4
Seat Belts not fastened.
Rs. 100/-
138(3) CMVR, 177 MVA
B-1
5
Rough/Rash/Negligent Driving .
Rs. 1000/-
184 MVA
B-1
6
Dangerous or hasty Driving.
Rs.1000/- and/or imprisonment ( 6 months)
112-183 MVA
B-1
7
Not Driving in Proper Lane.
Court Challan
66 r/w 192 MVA
B-1
8
Driving in the center and not to left side.
Rs.100/-
2 RRR r/w 177 MVA
B-1
9
Driving against One Way.
Rs.100/-
17 (i) RRR 177 MVA
B-1
10
Reversing without due care and attention.
Rs. 100/-
MMVR 233, 177 MVA
B-1
11
Taking “U” turn during outlawed hours.
Rs.100/-
12 RRR, 177 MVA
B-1
12
Failing to take precaution while taking a “Turn”.
Rs.100/-
3 RRR, 177 MVA
B-1
13
Failing to decelerate at intersection.
Rs.100/-
8 RRR, 177 MVA
B-1
14
Failing to carry on left of traffic island.
Rs.100/-
2 RRR, 177 MVA
B-1
15
Carrying persons on Footboard.
Rs.100/-
123-177 MVA
B-1
16
Carrying persons causing hindrance to the driver.
Rs.100/-
125-177 MVA
B-1
17
Trippling.
Rs. 100/-
128/177 MVA
B-1
18
Driving on Footpath.
Rs.100/-
RRR 177 MVA
B-1
19
Stopping at pedestrian crossing or crossing a Stop Line.
Rs.100/-
RRR 177 MVA
Road Marking Related Offences
B-2
1
Violation of Yellow Line.
Rs. 100/-
119/177 MVA
B-2
2
Violation of Stop Line.
Rs. 100/-
113(1)/177 DMVR
B-2
3
Violation of Mandatory Signs .
Rs. 100/-
119/177 MVA
Number Plate Related Offences
B-3
1
Use of Offensive Number Plate for vehicle used in driving.
Rs.100/-
CMVR 105 (2) (ii), 177 MVA 
B-3
2
Displaying ‘Applied For’.
Rs. 4500/-
39/192 MVA
Vehicle Light Related Offences
B-4
1
Improper use of headlights/tail light for vehicle used in driving.
Rs.100/-
CMVR 105 (2) (ii), 177 MVA 
B-4
2
Using High Beam where not required.
Rs. 100/-
112(G) A DMVR, 177 MVA 
Horn Related Offences
B-5
1
Driving without Horn.
Rs. 100/-
119(1)/177 CMVR
B-5
2
Improper horn usage while driving.
Rs.100/-
CMVR 105 (2) (ii), 177 MVA 
Traffic Police Related Offences
B-6
1
Disobeying Traffic Police Officer in uniform.
Rs. 100/-
119 MVA, 22(a) RRR, 177 MVA
B-6
2
Driving against Police Signal.
Rs. 100/-
119 r/w 177 MVA
B-6
3
Disobeying manual Traffic Signal.
Rs. 100/-
239 MMVR, 22(a) RRR, , 177 MVA
Traffic Signal Related Offences
B-7
1
Disobeying Traffic signal / Sign Board.
Rs. 100/-
22(b) RRR, 239 MMVR, 177 MVA
B-7
2
Failing to give Signal.
Rs. 100/-
121 RRR, 177 MVA
B-7
3
Jumping Signal.
Rs.100/-
119/177 MVA
Speed and Overtake Related Offences
B-8
1
Exceeding the prescribed Speed Limits.
Up to Rs.1000/-
112-183 MVA
2
Abetment for Over Speeding .
Rs.300/-
112/183(2) MVA
3
Overtaking perilously.
Rs.100/-
6 (a) RRR r/w 177 MVA
4
Failing to confer way to sanction Overtaking.
Rs.100/-
7 RRR, 177 MVA
5
Overtaking from Wrong Side .
Rs. 100/-
RRR 6/1/177 MVA
Other Offences
B-9
1
Disobeying Lawful Directions.
Rs. 500/-
132/179 MVA
B-9
2
Driving under influence of Alcohol / Drugs.
Rs.2000/-, and/or imprisonment ( 6 months)
185 MVA
B-9
3
Using Mobile Phone while Driving.
Up to 1000/-
184 MVA
B-9
4
Leaving vehicle in unoccupied engine.
Rs.100/-
126-177 MVA
B-9
5
Leaving vehicle in unsafe position.
Rs.100/-
122 177 MVA
B-9
6
In case of a minor Accident.
Rs. 1000/-
184 MVA
B-9
7
Playing music while Driving.
Rs. 100/-
102/177 MVA
B-9
8
Driving without Silencer.
Rs. 100/-
120/190(2)/177CMVR
B-9
9
Driving when mentally or physically unfit.
Court Challan
186 MVA
3. OFFENCES RELATED TO TOWING OF VEHICLES
SR. No.
OFFENCES
MAXIMUM PENALTY
SECTION
C
1
Two Wheeler.
Rs.100/-
RRR 177 MVA
C
2
Car , Jeep, Taxi, Auto Rickshaw.
Rs.200/-
RRR 177 MVA
C
3
Truck, Tanker, Trailor.
Rs.600/-
RRR 177 MVA
4. OFFENCES RELATED TO POLLUTION
SR. No.
OFFENCES
MAXIMUM PENALTY
SECTION
D
1
Smoking in Public Transport.
Rs. 100/-
86(1)(5)/177 DMVR
D
2
Pollution Not Under Control.
Rs. 100/-
99(1)(a)/177 DMVR
D
3
Fixing multi-toned/shrill horn.
Rs.500/-
119 CMVR , 190(2) MVA
D
5
Blowing Pressure Horn.
Rs. 100/-
96(1)/177 DMVR
D
6
Silencer/muffler making noise.
Rs.500/-
CMVR 120, 190(2) MVA
D
8
Smoky Exhaust.
Rs.500/-
115 CMVR, 190(2) MVA
D
10
Using horn in Silence Zone.
Rs.100/-
21(ii) RRR, 177 MVA
5. OFFENCES RELATED TO MOTOR VEHICLES
SR. No.
OFFENCES
MAXIMUM PENALTY
SECTION
E
1
Using Vehicle in Unsafe Conditions.
Court Challan
192 MVA
E
2
When motor vehicle is out of state for more than 12 months.
Rs.100/-
47-177 MVA
E
3
Particulars to be printed on transport vehicles.
Rs.100/-
84(G)-177 MVA
E
4
Without Wiper
Rs.100/-
CMVR 101, 5,12 177 MVA
E
5
Without Side Mirror.
Rs.100/-
5, 7/177 MVA
E
6
Defective tyres.
Rs.100/-
CMVR 94
E
7
No indication board on left hand drive vehicle.
Rs.100/-
120, 177 MVA
E
8
Sale of motor vehicle/alteration of motor vehicle in contravention of Act.
Rs.300/-
52/191 MVA, 32/192.66/192 MV Act
E
9
Vehicles fitted with dark glasses/sun films.
Rs.100/-
100 CMVR, 177 MVA
E
10
Driving without proper number plate/ illuminating rear number plate.
Rs.100/-
236 MMVR, 177 MVA
E
11
Failing to display public carrier board.
Rs.100/-
116 MMVR, 177 MVA
E
12
Using private vehicle for commercial purposes.
Rs. 5000/-
E
13
Any sort of misconduct with passengers, not wearing uniform/not displaying badge.
Rs.100/-
MMVR 21(18), 177 MVA
E
14
Overloading a goods vehicle.
Rs. 2000/-plus Rs. 1000/- for every additional ton.
MMVR 93(u)(i), 177 MVA
E
15
Carrying goods in a dangerous or hazardous manner.
Imprisonment and/or fine of Rs. 3000/-
29 RRR, 177 MVA
E
16
Infringement of permit conditions.
Imprisonment and/or fine of Rs. 5000/-( not less than Rs. 2000/-)
E
17
Use of Colored light on Vehicle
Rs. 100/-
97(2)/177 DMVR
6. OFFENCES RELATED TO COMMERCIAL VEHICLES
SR. No.
OFFENCES
MAXIMUM PENALTY
SECTION
G
1
Plying in ‘NO ENTRY’ Time
Upto 2000/-
115/194 MVA
G
2
Violation of Time Table
Court Challan
11/177, 2/177, 66/192 MVA
G
3
High and Long / Load in Vehicles
Rs. 100/-
29 RRR/177 MVA
G
4
Carrying animals in goods vehicles in contravention of rules.
Rs.100/-
MMVR 83, 177 MVA
G
5
Carrying persons dangerously or carrying persons in goods vehicles.
Rs.100/-
MMVR 108, 177 MVA
G
6
Goods in Passenger Vehicles
G
7
Dangerous projection of goods. 
Rs.100/- 
229 MMVR, 29 RRR, 177 MVA
 G
8
Carrying goods unsecured.
Rs.100/-
MMVR 202, 177 MVA
G
9
Carrying goods more than 11 feet high.
Rs.100/-
MMVR 93(u) (i), 177 MVA
G
10
Limit Of weight and limitation on Use.
Court Challan
113/194(1) MVA
G
11
Driver refuses to weigh vehicle.
Court Challan
114/194(2) MVA
G
12
Load on Tail Board.
Rs.100/-
MMVR 202, 177 MVA
G
13
Misbehavior by Taxi/TSR Driver.
Rs. 100/-
11(3)/177 DMVR
G
14
Over Charging by Taxi/TSR Driver.
Rs. 100/-
11(8)/177 DMVR
G
15
Charging without Meter.
Rs. 100/-
11(8)/177 DMVR
G
16
Refusal by Taxi/TSR Driver.
Rs. 100/-
11(9)/177 DMVR
G
17
Driver without Uniform.
Rs. 100/-
7/177 DMVR
G
18
Driver without Badge.
Rs. 100/-
22(1)/177 DMVR
G
19
Conductor without Uniform.
Rs. 100/-
23(1)/177 DMVR
G
20
Conductor without Badge.
Rs. 100/-
22(1)/177 DMVR
G
21
Stopping without Bus stop
Court Challan
66/192 MVA
G
22
Power to detain Vehicle used in contravention of section 3.4,39 or 66(1) MV Act.
Court Challan
207(1) MVA
7. OFFENCES RELATED TO PARKING
SR. No.
OFFENCES
MAXIMUM PENALTY
SECTION
H
1
Parking in the direction of flow of traffic.
Rs.100/-
22(a) RRR, 177 MVA
H
2
Parking away from footpath towards road.
Rs.100/-
15(2) RRR, 177 MVA
H
3
Parking against flow of traffic.
Rs.100/-
15(2) RRR, 177 MVA
H
4
Parking causing Obstruction.
Rs. 100/-
15(2) RRR, 177 MVA
H
5
Parking on a Taxi Stand.
Rs. 100/-
15(2) RRR, 177 MVA
H
6
Parking in not any prescribed manner.
Rs. 100/-
15(1) RRR, 177 MVA
H
7
Parking at any Corner.
Rs. 100/-
15(i) RRR, 177 MVA
H
8
Parking within 15 meters on either side of Bus Stop.
Rs. 100/-
15(2) RRR, 177 MVA
H
9
Parking on Bridge.
Rs. 100/-
15(2) (i) RRR, 177 MVA
H
10
Parking at Traffic Island.
Rs. 100/-
15(i) RRR, 177 MVA
H
11
Parking in “No” Parking Area.
Rs. 100/-
15(2) RRR, 177 MVA
H
12
Parked on Pedestrian Crossing.
Rs. 100/-
15(2)(iii) RRR, 177 MVA
H
13
Parking on Footpath.
Rs. 100/-
15(2)(ii) RRR, 177 MVA
H
14
Parking in front of a gate.
Rs. 100/-
15(2)(viii) RRR, 177 MVA
H
15
Parking causing obstruction.
Rs. 100/-
15(1) RRR, 177 MVA

SEC. 183
DRIVING AT EXCESSIVE SPEED.
Whoever drives a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable with a fine which may extend to Rs. 400/-, or, if having been previously convicted of an offence under this sub-section is again convicted of an offence under this sub-section, with fine which may extend to Rs. 1000/-
SEC. 185
DRUNKEN DRIVING OR DRIVING UNDER THE INFLUENCE OF DRUGS
Whoever, while driving, or attempting to drive, a Motor Vehicle, –
1)     Has in his blood, alcohol exceeding 30 mg. /per.100 ml. of blood detected in a test by a breath analyzer, or
2)     Is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle,
Shall be punishable for the first offence with imprisonment for a term which may extend to six months or with fine which may extend to Rs. 2000/-, or with both; and for a second or subsequent offence if committed within 3 years of the commission if the previous similar offence, with imprisonment for a term which may extend to 2 years or with fine which may extend to Rs. 3000/-, or with both.
FAQ
FAQ-1
WHO IS AUTHORISED TO COLLECT THE TRAFFIC FINE ON THE SPOT.
Any Traffic branch officer of and above the rank of Sub-Inspector of Police duly authorised with a receipt book or in other words, a Traffic Constable cannot collect fines from you asan officer above the rank of Sub-Inspector of Police is authorised to do so.
FAQ-2
WHAT IS THE RULE REGARDING SEAT BELTS? IS IT BINDING USING SEAT BELTS WHILE DRIVING IN INTERIOR AREAS OR BY LANES?
The driver and the person seated in the front seat must wear the seat belts while vehicle is in motion ( U/S 138 CMVR r/w 177 MVA . It has been made compulsory to the manufacturers from the year 1995 to provide the seat belts to the vehicles. It is binding on occupants to wear the seat belts whenever vehicle is in motion.
FAQ-3
WHAT IS THE RULE FOR USE OF MOBILE PHONE ?
As per section 250 (A) MMVR ,r/w 177 M.V.Act no driver while driving or riding a motor vehicle ( including two wheelers ) shall use a mobile phone
FAQ-3
WHAT IS THE RULE FOR TINTED GLASSES?
The glass of windscreen and rear window of every motor vehicle shall be maintained in such a way that visual transmission of light is not less than 70% and side windows shall be maintained in such a way that visual transmission of light is not less than 50% and shall confirm to Indian Standards.
FAQ-3
UNDER WHAT CONDITIONS IS THE TOWING OF A VEHICLE ALLOWED?
·        Vehicle abandoned or left unattended
·        Parked in a parking restricted zone
·        Parked in a way causing inconvenience to other road users
FAQ-3
WHEN CAN THE AUTHORITIES DETAIN A VEHICLE?
Authorities can detain a vehicle in the following circumstances:
·        Vehicle being driven by an individual without valid driving license
·        Vehicle being driven without registration
·        Transport vehicle being driven without Permit
·        Vehicle being driven without payment of Tax
·        Improper/suspicious registration. No number plate
FAQ-3
WHO IS AUTHORISED TO COLLECT THE TRAFFIC FINE ON THE SPOT.
Any Traffic branch officer of and above the rank of Sub-Inspector of Police duly authorised with a receipt book or in other words, a Traffic Constable cannot collect fines from you asan officer above the rank of Sub-Inspector of Police is authorised to do so.
FAQ-3
WHO IS AUTHORISED TO COLLECT THE TRAFFIC FINE ON THE SPOT.
Any Traffic branch officer of and above the rank of Sub-Inspector of Police duly authorised with a receipt book or in other words, a Traffic Constable cannot collect fines from you asan officer above the rank of Sub-Inspector of Police is authorised to do so.
FAQ-3
WHO IS AUTHORISED TO COLLECT THE TRAFFIC FINE ON THE SPOT.
Any Traffic branch officer of and above the rank of Sub-Inspector of Police duly authorised with a receipt book or in other words, a Traffic Constable cannot collect fines from you asan officer above the rank of Sub-Inspector of Police is authorised to do so.

I hope you will benefit from this guide. If you want to take a print out of the guide and keep it for ready reference, you can download it from the following link :  DOWNLOAD GUIDE
 Thanks & Regards


Prashant Uikey

Striving For Protection & Successful Implementation Of Citizen’s Rights

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Parent’s Guide To Solve Problems In Educational Institutes

In today’s world, one of the biggest headaches or stress factor for any parent is regarding a decent education to their child. There are many parents out there who are fighting against the high handed approach, drastic fee increase and outright cheating by the school or college. These parents try and raise their voice in platforms like Teacher-Parents meeting, but seldom does it succeed.
FIRST OPTION:
Not many parents know that there are other ways to deal with their problem. Its a general Myth that a school or college being a public entity, is not covered under the RTI Act. Schools are very much covered under the RTI Act, only the depth of coverage differs.
Information from Private Schools can be obtained in two ways depending on two conditions.

1. Private Schools gets Grant/ Aid: If a private school gets grant or aid from the government or any other type of financial help like staff salary or land allocation, etc… then it comes under the definition of public authority and is liable to provide information under following section of RTI Act. 

Section-2(h)(d)(ii) of RTI Act .
Non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government

This school that fits in the above criteria, is then supposed to have Public Information Officers, and you can file your RTI application with them. If the said school does not have a system in place for RTI applications, then you can complain directly to the SIC or CIC as the case may be, for implementation of the Act. Please remember to include all the relevant documentary proof to support your argument to include the said school in the definition of the “Public Authority”.

2. Private Schools who do not get grant can also be accesed for information indirectly by evoking following section of RTI Act. 

Section 2(f) of RTI Act
information relating to any private body which can be accessed by a public authority under any other law for the time being in force

Under the above sections, you can file an RTI Application reg the concerned School to the PIO of the Regional Education office of the State Government or Central government as the case may be. Its the duty of that officer to procure the said requested information from the concerned school with relevance to the prevailing law on education for that State.

The following are links to various rulings of CIC for schools / other education institutes: 

Please also refer to the following High Court Ruling, as it is also of relevance to the applicability of RTI Act on private Educational Institutes.




SECOND OPTION:
There are many Schools out there who charge all sorts of fees for something that does not exist. I had come across one such school who used to charge “computer fees”, but never conducted any computer class. You have the option of sending a Notice under the Consumer Act to such schools to immediately start the service for which they took payments, if the response is not favorable, you can approach the Consumer Court of your area for Redressal and compensation. The best part of the Consumer court is in Consumer court even a third party (non-lawyer) can appear for you without permission of the court. However in other regular courts if a third party (non-lawyer) has to appear for any person the court has to grant permission to that third person to appear.
  


Download Link for relevant Act & Formats

THIRD OPTION:
One may complain directly to the Education officer of your area regarding the misdeeds of the school.

Sometimes, the authorities turn a blind eye to your complaint. In such case wait for completion of 15 days from the date of submission of complaint and then file a short rti application asking
Kindly provide me information on the action taken on my complaint against the XYZ School on …….date. Please provide certified copies of all the relevant documents where ever applicable

Download Link for

This will improve the chances of you getting justice from the education office and correcting the ways of the said school.

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REMOVAL OR DISQUALIFICATION OF A MANAGING COMMITTEE MEMBER OF A HOUSING SOCIETY

REMOVAL OR DISQUALIFICATION OF A MANAGING COMMITTEE MEMBER OF A HOUSING SOCIETY

In a lot many Housing Societies of Maharashtra, you can find many simmering tensions or open confrontation between members and the Managing Committee. Hence, there is always a question that occurs atleast once in the minds of its members, about the grounds to remove a Managing Committee member or in other words, he ponders on grounds on which the Managing Committee Member can be disqualified.


I would like to inform such harried or oppressed members of a housing society about the grounds on which a Managing Committee or its members can be disqualified from holding the office.

The grounds of disqualification or removal by competent authority are mentioned in certain sections of the MCS Act, 1960 & certain clauses in the Model Bye-laws of the Housing Society. Please find the same mentioned below…

THE MAHARASHTRA CO-OPERATIVE SOCIETIES ACT, 1960
Section 78 – Power of removal of committee or member, thereof
78.1 [Power of removal of committee o member, thereof]
(1) If, in the opinion of the Registrar, the committee of any society or any member of such committee makes default, or is negligent in the performance of the duties imposed on it or him by this Act or the rules or the bye-laws, or commits any act which is prejudicial to the interests of the society or its members, or willfully disobeys directions issued by the State Government, or by the Registrar for the purposes of securing proper implementation of co-operative policy and development programme approved or undertaken by the State Government or is otherwise not discharging its or his functions properly and diligently 3 [or where a situation has arisen in which the committee or any member of such committee refuses or has ceased to discharge its or his functions] and the business of the society has or is likely to come to a stand-still or where any member of such committee stands disqualified by or under this Act for being a member, the Registrar may, after giving the committee or the member, as the case may be, an opportunity of stating its or his objections, if any, within 15 days from the date of receipt of notice and after consultation with the federal society to which the society is affiliated, by order—



Section 144E – Disqualifications for membership
(1)  A person shall be disqualified for being elected as, and for being a member of the  
committee of any specified society,–

(a)  if he is a salaried employee of any society (other than a society of employees themselves) or holds any office of profit under any society, except when he holds or is appointed to the office of a Managing Director or any other office declared by the State Government by general or special order not to disqualify its holder or is entitled to be or is elected, appointed or co-opted to any reserved seat on the committee of a society under section 73BB;]

(b)  if he has been convicted of an offence punishable under section 153 A or section 171 E or 171 F or sub -section 144 Q or clause (a) of sub -section ( 2) or sub section ( 3) of section 505 of the Indian Penal Code, or unless section 144 Q or clause (a) of sub –section ( 2) of section 144 R of this Act, unless a period of six years has elapsed of five years since the date of his conviction;
(c)  if he has found convicted by a Court in India for any offence and sentenced to imprisonment for not less than two years, unless a period of five years has elapsed since his release;

(d) if he is found guilty of a corrupt practice by the Commissioner of the Division, unless a period of six years has elapsed since the date on which the decision of the Commissioner takes effect;

(e)  If he has more than two children: Provided that, a person having more than two children on the date of commencement of the Maharashtra Co-operative Societies (Third Amendment) Act, 2001 (here in after in this clause referred to as “the date of such commencement”), shall not be disqualified under this clause so long as the number of children he has on the date of such commencement does not increase: Provided further that, a child or more than one child born in a single delivery within the period of one year from the date of such commencement sh all not be taken into consideration for the purpose of disqualification mentioned in this clause.

Explanation.– For the purposes of this clause.—

                            (i)      where a couple has only one child on or after the date of such commencement, any number of children born out of a single sub sequent delivery shall be deemed to be one entity;  

                          (ii)      “child” does not include an adopted child or children; (e) if he so disqualified by or under any other provision of this Act.

2.      For the purpose of clause (a) of sub -section ( 1), a person shall not be deemed to hold an office of profit under a society, if he does not receive any remuneration other than compensatory allowance, or honorarium payable under sub -section ( 2) of section
 not exceeding rupees six thousand per year.

Explanation.–In this sub -section, “compensatory allowance” means the travelling allowance, the daily allowance or such other allowance which is paid to the holder of the office for the purpose of meeting the personal expenditure in performing the functions as holder of that office.

3.      Notwithstanding anything contained in clause (b) or (c) of sub -section (1) a disqualification under either clause shall not, in the case of a person who on the date of the conviction is a member of any specified society, take effect until three months have elapsed from that date or, if within that period an appeal or application for revision is brought in respect of the conviction or the sentence until, that appeal or application is disposed of by the Court. 

Section 35 – Expulsion of members

(1)     A society may, by resolution passed1[by a majority of not less than three-fourths] of the members entitled to vote who are present at a general meeting held for the purpose expel a member for acts which are detrimental to the interest or proper working of the society:


Provided that, no resolution shall be valid, unless the member concerned is given opportunity of representing his case to the general body, and no resolution shall be effective unless it is approved by the Registrar.

(2) No member of a society who has been expelled under the foregoing sub-section shall be eligible for re-admission as a member of that society, or for admission as a member of any other society, for a period of one year from the date of such expulsion: Provided that, the Registrar may, on an application by the society and in special circumstances, sanction the re-admission or admission, within the said period, of any such member as a member of the said society or of any other society, as the case may be.


MODEL BYELAWS OF HOUSING SOCIETIES

Bye-Law-118.

No person shall be eligible for being elected as a member of the Committee or coopted on it, if:

                (i)        he has been convicted of the offence, involving moral turpitude, unless the period of six years has elapsed since his conviction,

              (ii)      he defaults the payment of dues to the society, within three months from the date of service of notice in writing, served either by hand delivery or by post (under certificate of posting), demanding the payment of dues.

            (iii)      he has been held responsible under Section 79 or 88 of the Act or has been held responsible for the payment of the costs of enquiry under Section 85 of the Act.

            (iv)     he has without the previous permission of the society, in writing, sublet his flat or part thereof or given it on leave and license or caretaker basis or has parted with its possession in any other manner or has sold his shares and interest in the Society.

              (v)        In case of an associate member, non-submission of the no-objection certificate and undertaking, as prescribed under these bye-laws, by the member.

Bye-Law-120.

(1)  A person shall cease to be the member of the Committee, if:

(a)     he has incurred any of the disqualifications mentioned under the byelaw No. 118 or; 

(b)    he has failed to attend any three consecutive monthly meetings of the Committee, without the leave of absence.

(2)  If a member of the Committee attracts any of the disqualifications under the bye law No. 120 (1), the Committee shall record the fact in the minutes of its meeting and the Secretary of the Society shall inform the member and Registrar accordingly. Such member shall cease to be the member of Managing Committee on the order of the Registrar.

Note:

If anybody wishes to invoke the above sections of MCS Act, 1960 or the Clauses of Model Bye-Laws, then he needs to demand the same by writing to the Deputy Registrar / Registrar of his area and send a copy to his Housing Society. Its a good idea though to write to the concerned member of the managing Committee himself and request his resignation on any of the above grounds before approaching the authorities.

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