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MCS ACT: Encroachment /usage of Common Area by Flat Owners - Highlights of bye laws and the role of MC/General Body

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The Managing Committee has to read the bye laws in harmony and adopt a standard process as approved by the General Body   Almost Every Society has conflicts or even fist fights on usage of common areas, especially the parking, the passage outside the flats and other areas meant for east of movement and common utility. As a Building lay out, and common areas differ accordingly to the size/class of buildings and also the category of flats , it is essential to review the relevant bye laws and formulate a policy with uniform norms and permitting fair use. What is permissible and fair use again depends on the unique size and design of a building, it is imperative to evolve a robust policy post deliberations at a General Body of Members.  Bye Law No 165. Penalties for breaches  Bye Law No 165(a)  The meeting of the General Body of the Society may prescribe penalties for different breaches of the Bye-laws of the Society. The Secretary of the Society, under instruct...
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General body cannot pass arbitrary and unreasonable resolutions - Majority cannot pass a resolution affecting minority members of society

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MCS ACT, ARCHAIC BYE LAWS&THE CHALLENGES FOR HARMONY OF SOCIETY While the Bye Laws are the fundamental document binding on all members of a Society, Many Societies seldom understand the essence of the Act/bye laws and follow what is convenient on more so in vogue - practice by other societies.  As far as the Service Charges are concerned the Bye laws provide for a clear cut methodology. However, many societies have made it a practice and convenience to levy service charges/maintenance charges on square feet basis. In most of the societies, the flats are of varied size viz.1, 2 BHK, 2.5, 3 BHK , 4 BHK, etc., While the square feet charges are acceptable rather affordable by small flats like 1m2 BHKs the larger size flat holders feel aggrieved mainly because the common facilities and areas are enjoyed equally by all categories of owners but they are paying more charges in the square feet method.  Whenever such issues are raised the Managing Committees are in predicament and i...
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Regulatory Labour Law Compliances and PoSH

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  Management Development Program (MDP) on Regulatory Labour Law Compliance • Chetana’s Institute of Management and Research (CIMR) organized a Management Development Program (MDP) on Regulatory Labour Law Compliance for Industrial Relations/Employee Relations Officers and HR Managers. The two-day program was held on December 10th and 11th, 2024. The MDP aimed to enhance participants' knowledge and practical application of labour law compliance and related tools. The program attracted nominations from five prominent manufacturing companies in Mumbai and Thane. Thus, the participants were senior officers responsible for compliance matters and 15 HR students from CIMR. Program Highlights • Dr. Madhumita Patil, CEO of CIMR and CRKIMR, inaugurated the program, emphasizing the importance of compliance to protect the workforce. • Mr. Vijay Padate, a distinguished expert and former Director of the Employer Federation of India, as well as a former member of EPFO and ESIC, provided a compre...
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PoSH ACT: Karnataka High Court rules that the Appellate Authority hearing the appeal against ICC's decision has the authority to grant interim relief

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  - NC: 2024:KHC:44365 WP No. 28361 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 28361 OF 2024 (S-RES) BETWEEN: 1. SRI NAGARAJ G K S/O KARIBASAPPA, AGED ABOUT 31 YEARS, R/AT. NO.309, NASUKU NILAYA, 5 TH MAIN ROAD, BEML LAYOUT, BASAVESHWARNAGAR, BENGALURU-560 079. … PETITIONER (BY SRI. NAGARAJA HEGDE., ADVOCATE) AND: 1. THE HON'BLE ADDL. LABOUR COMMISSIONER APPELLATE AUTHORITY UNDER POSH ACT, 2013, DIARY CIRCLE, BENGALURU - 560 029. 2. SMT. SAHANA SHEKHAR, (D/O. NOT KNOW TO THE PETITIONER) AGE: MAJOR. ADDRESS: JOHN HOPKINS UNIVERSITY, U.S.A. - 21218 3. SMT. HEMAVATHI M.N, THE DEPUTY DIRECTOR AND PRESIDING OFFICER, ® - 2 - NC: 2024:KHC:44365 WP No. 28361 of 2024 INTERNAL COMMITTEE KARNATAKA HEALTH PROMOTION TRUST. 4. SMT. PRATHIBHA RAI.B, THE MEMBER OF THE INTERNAL COMMITTEE, KARNATAKA HEALTH PROMOTION TRUST. 5. SRI. BISUJAKSHA V.S, THE MEMBER OF THE INTERNAL COMMITT...
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MDP on Labour Law Compliances and PoSH

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  Regional Labour Law Compliances
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A decade of the POSH Act: BY Akshi Chawla, CEDA

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  A decade of the POSH Act: What the data tells us about how India Inc., has fared   Akshi Chawla   Director, CEDA akshi.chawla@ashoka.edu.in The number of cases being reported by India Inc. has increased over the years. However, most cases are being reported by a small set of companies, raising concerns of possibly poor awareness and compliance at large   Key highlights There has been an increase in the number of cases of sexual harassment reported by Indian companies in their annual reports over the past decade The number of complaints have been growing faster than the number of complaints that have been resolved However, only a fraction of companies have been reporting cases, while several companies have been reporting zero cases, often for multiple years Nearly all the cases that have been reported have been reported in larger companies (ranked in the top 100 on the National Stock Exchange). Medium a...
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Essentials of Resignation - test of voluntary resignation vis-a-vis fradulent or coercive document

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  Essentials of valid resignation and acceptance, critical review   The whole industry, be it micro, small, medium, or large are operating either in virtual or near virtual web of process, right from recruitment to separation. However, the labour laws remain static despite introduction of labour codes few years ago. While the labour codes have brought out a series of simplifications and ease of process, fundamental principles on bare compliance and fair practices are essential for dispute free management of any organization. This brief analysis focusses on the essentials of a valid resignation process, in the light of ‘asked to resign’ dilution of the due diligence process while considering the resignation process. Be it a strong HR system or a bare minimum structure, the process remains to be mechanical with significant vagaries. While the instances of ‘asked to resign’ are clear cut grey area and an unfair practice even ordinary cases of voluntary resignations are re...
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