MEDIATION ACT 2023- PATH TOWARDS PEACE
MEDIATION ACT 2023- PATH TOWARDS PEACE PART- I- MEDIATION Chapter –I What is Mediation? History Mediation is not a new concept for Indians and on the contrary, the same is imbibed in our culture from its inception. It has roots in our culture since ancient times of Buddha, Chanakya, Yagnavlkya and Mahabharat. Duryodhan was adamant and said he would not give an inch from Hastinapur but also demanded Indraprastha, (Today’s NCR) area. Krishna was the first mediator on earth who tried to convince Duryodhan to give up his claim on Indraprastha and keep Hastinapur. But he refused and the consequence was War. In ancient days, any dispute or differences amongst parties were resolved by Mukhiyas, Sarpanch or Panchayats. The same was at the Gram Panchayat Level, whose words and orders were final. People had full respect and faith and had never endeavoured to oppose the same. Indian tradition is marked by joint Hindu Families, where the words sentiments, and, emotions, of all the members of the family are respected and all the disputes and differences of opinion are settled by the Karta of the Family or the eldest person in the Family, so that the family remains united. This was in general the social structure of India and Courts were unknown to our culture. Even today Khap Panchayat makes decisions, and it is final and binding. ( See Sec 3(b) ) By invasion and ruling of Britishers, this system was hampered to some extent and people tended to move to Courts by referring disputes to the Courts for redressal of their disputes in terms of Judgment and Decree, during the British Regime. After partition and enforcement of the Constitution of India, disputes in Courts started piling up and resulted in considerable delays in delivering justice and resolving the dispute. Torts in India even today are not much enforced, however, there are Consumer Forums whose judgment can be executed as a Decree of Civil Court. It is a natural phenomenon that every human being when he is lost in a way goes back to his own origin and again with the same concept, but with improved methods Indian society is now prepared to go back to resolve the dispute by way of mediation in the new name and style of Alternative Dispute Resolution. Unlike Arbitration, mediation is non-judgmental and non-binding. THE PARLIAMENT HAS NOW PASSED THE MEDIATION ACT 2023 Let us see and jump to the current scenario from the days of Mahabharat. APPLICATION: The Act applies to the mediation when it is conducted in India, and — all or both parties habitually reside in case of a company or LL.P or a Firm is incorporated in or has their place of business in India, there is a mediation agreement which provides that any dispute shall be resolved in accordance with the provisions of this Act; or there is an international mediation; or wherein one of the parties to the dispute is the Central Government or a State Government or agencies, public bodies, corporations, and local bodies, including entities controlled or owned by such Government and where the matter pertains to […]
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CAN SOCIETY CHARGE MAINTENANCE CHARGES ON AREA WISE BY WHICH LARGER FLAT OWNERS CONTRIBUTE A LESSER AMOUNT THAN SMALLER UNITS?
Nowadays an ultra-vires method of chargability has been adopted by several societies. The committee uses its majority power and misguides the General Body of members and passes the resolution. Chargeability on unit-wise results in higher contribution by small flat owners and lower contribution by larger flat owners. Maintenance charges are the foundation to run the expenses of the society. Now first let us see the provisions in the Act of 1960 and the byelaws. Byelaws are contracts between the management and society. Any breach of byelaws amounts to a breach of contract and breach of trust. Any discrimination made is a serious breach of equal rights granted under the constitution of India. BYE-LAWS PROVISIONS FOR CHARGABILITY OF MAINTENANCE: LEVY OF CHARGES OF THE SOCIETY The contribution to be collected from the Members of the Society, towards outgoing and establishment of its funds, referred to in these bye-laws as ‘the charges’ may be in relation to the following : (i) Property Taxes, (ii) Water Charges, (iii) Common Electricity Charges, (iv) Contribution to Repairs and Maintenance Fund, (v) Expenses on repairs and maintenance of the lifts of the Society, including charges for running the lift. (vi) Contribution to the Sinking Fund, (vii) Service Charges, (Viii) Car Parking Charges, (ix) Interest on the defaulted charges, (x) Repayment of the installment of the loan and interest, (xi) Non-occupancy Charges, (xii) Insurance Charges, (xiii) Lease rent, (xiv) Nonagricultural tax. (xv) Education and Training Fund (xvi) Election Fund (xvii) Any Other Charges. The Service charges of the Society referred to at 64 (vii) above shall include the following: Salaries of the office staff, liftmen, watchmen, malis and any other employees of the Society. Where the Society has independent Office, the property taxes, electricity charges, water charges etc. for the same. Printing, Stationery and Postage, Travelling Allowance and conveyance charges to the staff and the Members of the Committee of the Society. Sitting fees paid to the Members of the Committee of the Society, Subscription to the Education Fund of the Maharashtra Rajya Sahakari Sangh Ltd. Annual Subscription of the Housing Federation and any other co-operative institution to which the Society is affiliated. Entrance fees for affiliation to the Housing Federation and any other cooperative institution. Audit Fees for internal, Statutory and reaudit, if any. Expenses incurred at meetings of the general body, the Committee and the Sub-Committee, if any k. Retainer fees, legal charges, statutory enquiry fees. Common electricity charges. Any other charges approved by the General Body at its Meeting. However such charges should not contradict the provisions of the Act, Rules and Bye-laws of the Society. 66. The Committee shall apportion the Share of each Member towards the charges of the Society on the following basis: Property taxes: As fixed by the Local Authority Water Charges: On the basis of the total number and size of inlets provided in each flat. iii. Expenses on repairs and maintenance of the building/buildings of the Society: At the rate fixed at the general body from time to time, subject to the minimum of 0.75 percent per annum, of the construction cost of each flat for meeting […]
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