MCS ACT - 1960 - (Penalty for encroachment of common spaces)
16-May-2023 (In Property Law)
There is a provision under Bye law no. 169(a) of the MCS Act. 1960. “For encroachment of common areas by members to be charged 5 times the monthly maintenance for the period of such encroachment.” (Penalties for encroachment of common spaces.)
Question :
1. To levy this charge does one need approval of AGM or managing Committee after giving notice to member can levy it. It is prescribed in the law that whether such charges can be levied only after getting same passed in AGM ? Please give your opinion?
2. As per Bye-law No. 119 the member shall not be eligible for being elected as a member of the committee or co opted on it if he has rented or sublet us flat / shop and does not reside in the society. Would this cover also commercial premises and members who rent out this shop / office shall not be eligible to become Managing Committee member. Are these in accordance with updated MCS Act., 1960?
Please answer our queries.
1. To levy this charge does one need approval of AGM or managing Committee after giving notice to member can levy it. It is prescribed in the law that whether such charges can be levied only after getting same passed in AGM ? Please give your opinion?
Answer: The Secretary with permission of the committee will first issue notice. If the person does not respond within specific time (14 days notice as per bye-laws) then the penalty will be levied on him;
2. As per Bye-law No. 119 the member shall not be eligible for being elected as a member of the committee or co opted on it if he has rented or sublet us flat / shop and does not reside in the society. Would this cover also commercial premises and members who rent out this shop / office shall not be eligible to become Managing Committee member. Are these in accordance with updated MCS Act., 1960?
Answer: If the shop or commercial premises are part of the residential property and there is a common society then they are bound by the society bye-laws.
Answer: The Secretary with permission of the committee will first issue notice. If the person does not respond within specific time (14 days notice as per bye-laws) then the penalty will be levied on him;
2. As per Bye-law No. 119 the member shall not be eligible for being elected as a member of the committee or co opted on it if he has rented or sublet us flat / shop and does not reside in the society. Would this cover also commercial premises and members who rent out this shop / office shall not be eligible to become Managing Committee member. Are these in accordance with updated MCS Act., 1960?
Answer: If the shop or commercial premises are part of the residential property and there is a common society then they are bound by the society bye-laws.
What is the IPC for encroachment?
What is land encroachment? Land encroachment is the illegal movement of someone on anothers property or land with the intention of taking possession. Section 441 of Indian Penal Code punishes land encroachment. 10-Jan-2023
What is a legal notice for land encroachment?
Land encroachment acts require that either an individual or a group of property owners send a legal notice. Encroachment is defined by law as when a person or group of persons illegally constructs over anothers property, or takes physical possession, without a lawful title, right or interest. 27-Jan-2019
What is encroachment of common area?
If a flat owner intrudes on the common area of the Society, Bye-law No. 169(a) allows for a fivefold increase in monthly maintenance fees. There is also another Byelaw No. There is also another Bye-law No. The fine is Rs.
What is the law of encroachment on property?
In India, Section 441 of Indian Penal Code 1860 deals with encroachment on land and property. Encroachment is defined as when someone illegally enters another persons property or land. The IPC section 441 also covers trespassing on private property.
answer of first question yes
answer of second question person cannot be participate related he is not staying in.
for more detail you may go through bye laws not satisfied contact me with copy of bylaws.
advocate Sachin kuptekar
contact number 9890 797 126
answer of second question person cannot be participate related he is not staying in.
for more detail you may go through bye laws not satisfied contact me with copy of bylaws.
advocate Sachin kuptekar
contact number 9890 797 126
(1) If land reserved for common purposes by co-sharers has been infringed upon, the Revenue officer or officer in charge of the settlement or an Assistant collector of first class subordinate to them or a Revenue Officer not below the rank Assistant Collector first class may be contacted.
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