Vuln!! Path it now!!
Vuln!! Path it now!!
Vuln!! Path it now!!
kaizer
Vuln!! Path it now!!
The fifth Test between India and England was cancelled on Friday amid a chaotic turn of events during which the host board’s statement on the visitors changed from “unable to field a team and will instead forfeit the match” to “regrettably unable to field a team”.
The development came after the touring side was left on tenterhooks following physio Yogesh Parmar’s positive COVID-19 test that led to concerns that the infection could spread during the match, which was eventually cancelled a couple of hours before toss.
The initial statement issued by the England and Wales Cricket Board categorically mentioned the word “forfeit” but that was later omitted from a revised media release. Both statements are in possession of PTI.
“Due to fears of a further increase in the number of COVID cases inside the camp, India are regrettably unable to field a team,” read the revised ECB statement.
It is learnt that, led by skipper Virat Kohli, who voiced his apprehension strongly, the players, late on Thursday, got into a huddle and couldn’t be convinced by the BCCI brass to play the game.
The BCCI issued a statement of its own, hoping that the match could be rescheduled sometime later.
“In lieu of the strong relationship between BCCI and ECB, the BCCI has offered to ECB a rescheduling of the cancelled Test match. Both the Boards will work towards finding a window to reschedule this Test match,” BCCI secretary Jay Shah said.
A COVID-related quarantine would have meant missing out on IPL matches, starting September 19. The players are also awaiting reports of a fresh round of tests that have conducted.
“Following ongoing conversations with the BCCI, the ECB can confirm that the fifth LV= Insurance Test between England and India Men due to start today at Emirates Old Trafford, will be cancelled,” the ECB stated.
“We send our sincere apologies to fans and partners for this news, which we know will cause immense disappointment and inconvenience to many,” it added.
As of now, India are 2-1 ahead and have not been officially declared winners of the series simply because there is a chance of the fifth Test being played during the window in July next year when the team visits for a six-match white-ball series.
Ever since the Indian players refused to play despite testing negative on Thursday, there have been continuous back-channel talks between the two boards.
“The BCCI and ECB held several rounds of discussion to find a way to play the Test Match, however, the outbreak of Covid-19 in the Indian team contingent forced the decision of calling off the Old Trafford Test Match,” Shah said.
Ultimately the apprehension expressed by Kohli and Co. took precedence.
“The BCCI has always maintained that the safety and well-being of the players is of paramount importance and there will be no compromise on that aspect,” Shah said.
Shah thanked the English board for its understanding of the trying circumstances.
“The BCCI would like to thank the ECB for their co-operation and understanding in these trying times. We would like to apologise to the fans for not being able to complete an enthralling series.”
It is understood that the COVID-19 rules for the World Test Championship matches do not include forfeiture and that’s where Kohli and his men were able to get their way.
Under the competition terms of the WTC, COVID-19 is identified as “acceptable non-compliance should there be a significant impact of it on the team being able to play.”
This is because the match can remain cancelled from the competition and with ICC using percentage points system based on points won in matches played, a cancelled match is of no value to any team.
The Indian players feared that the 96-hour incubation period factored in, they were at risk to return positive during the match and end up in 10-day quarantine, according to BCCI sources.
There were many questions that cropped up during the last 12 hours for BCCI president Sourav Ganguly and Shah with a number of factors being taken into account.
The chances of the IPL’s schedule, starting September 19, going haywire were also taken into account as broadcasters and franchises wouldn’t have taken the delay lightly.
Also, deferring the game by a day or two would have caused logistical issues as the Indian and English players were supposed to fly together to the UAE in a charter flight.
“There is no guarantee that post Ravi Shastri’s book release function which the team attended, there won’t be more cases. So players were wary and more so about being in isolation for 10 days,” a source said.
The southwest monsoon in Delhi may have been erratic and one of the most delayed this season, but it has given the highest rainfall to the national capital in 11 years — 1,005.3 mm so far.
This is the first time since 2010 that monsoon rainfall in Delhi breached the 1,000 mm mark.
Normally, the Safdarjung Observatory, which is considered as the official marker for the city, records 648.9 mm of rainfall during the monsoon season on average, according to India Meteorological Department data.
Between June 1, when the monsoon season starts, and September 10, it gets 586.4mm of rainfall.
“Delhi had recorded 1,031.5mm rainfall in the monsoon season in 2010. Since then, this has been the highest rainfall,” an IMD official said.
Delhi gauged 636 mm, 544 mm, 876 mm, 370.8 mm and 505.5 mm during the monsoon season in 2011, 2012, 2013, 2014 and 2015, respectively.
It recorded 524.7 mm rainfall in 2016; 641.3 mm in 2017; 762.6 mm in 2018; 404.3 mm in 2019 and 576.5 mm in 2020, according to IMD data.
Intense bursts of rainfall pounded the capital in July and September — sometimes 100 mm precipitation in a few hours — that submerged roads, residential areas, schools, hospitals, and markets in knee-deep water and plunged vehicular traffic into chaos.
Delhi recorded more than 100 mm of rainfall on two consecutive days at the start of the month — 112.1 mm on September 1 and 117.7 mm on September 2.
It has so far received 248.9 mm precipitation this month, surpassing the September average of 129.8 mm precipitation by a big margin.
Despite the monsoon embracing Delhi only on July 13, making it the most-delayed in 19 years, the capital had recorded 16 rainy days in the month, the maximum in the last four years.
The string of rainy days gave 507.1 mm rainfall in Delhi, which was nearly 141 per cent above the long-period average of 210.6 mm. It was also the maximum rainfall in the month since July 2003, and the second highest ever.
The city recorded just 10 rainy days in August, the lowest in seven years, and a cumulative rainfall of 214.5 mm, lower than the average of 247 mm.
Mahesh Palawat, Vice President, Skymet Weather, a private forecasting agency, said the monsoon pattern is changing due to climate change.
“The number of rainy days has reduced over the last four to five years, and there has been an increase in extreme weather events,” he said.
“We have been recording short and intense bouts of rain, sometimes around 100 mm rainfall in just 24 hours. In the past, this much precipitation would occur over a period of 10 to 15 days,” he said.
Weather experts said such spells of rain do not help recharge groundwater and lead to flooding in low-lying areas.
The water percolates in the ground if it rains slowly over four to five days. In case of heavy falls, the rainwater runs off quickly, a former IMD official said.
“The rain washes away pollutants, but since the number of rainy days has reduced, the average annual air quality is also getting affected,” he said.
Mumbai Mayor Kishori Pednekar on Tuesday said a third wave of the COVID-19 pandemic had already arrived, only to issue a clarification a few hours later.
“Third wave is not coming, it is already here,” she told reporters at a function.
“In Nagpur, it has been already announced and everyone should take care,” she said.
Later, her office issued a press statement saying what she meant was that the third wave of COVID-19 was on the “threshold of Mumbai”.
“Given the experience of the first two waves, it is in our hands to to stop it,” she was quoted as saying.
She was not going to invite anyone home during Ganesh festival nor would she visit anybody’s house during this period, the mayor said, noting that in Kerala, around 31,000 cases were added daily after the Onam festival.Mumbai Mayor Kishori Pednekar on Tuesday said a third wave of the COVID-19 pandemic had already arrived, only to issue a clarification a few hours later
“Third wave is not coming, it is already here,” she told reporters at a function.
“In Nagpur, it has been already announced and everyone should take care,” she said.
Later, her office issued a press statement saying what she meant was that the third wave of COVID-19 was on the “threshold of Mumbai”.
“Given the experience of the first two waves, it is in our hands to to stop it,” she was quoted as saying.
She was not going to invite anyone home during Ganesh festival nor would she visit anybody’s house during this period, the mayor said, noting that in Kerala, around 31,000 cases were added daily after the Onam festival.
Mumbai, Sep 7 The Taxmann’s ‘Maharashtra RERA Law & Practice’ by Western India
Regional Council (WIRC) of Institute of Chartered Accountants of India (ICAI) was on Tuesday
released by MHADA chairman Dr Vinod Ghosalkar and ICAI president CA Nihar Jambusariya
and WIRC chairman CA Manish Gadia.
The huge book includes the provision of RERA Rules, Regulation, Notification, Circulars and the
relevant case authored by over 100 industry experts by forming study group, headed by CA
Ramesh Prabhu as convener and editor, and CA Kuashik Sampat as co-editor under the
guidance of MahaRERA officials.
It has also covered the peripheral and most important legal provisions affecting the real estate
transactions such as Income Tax, GST, IBC, FEMA, PMLA, MRTP, DCPR, MOFA, Transfer of
Property Act, stamp duty, registration, Consumer Protection Act, etc.
This book incorporates the perspectives of the various stakeholders including representatives of
Self-Regulating Organisations and others.
The contents of this book are from various 10 perspectives including promoter, general, agent,
allottees, professional, redressal, Income Tax, GST-Taxation, GST and Stamp Duty and
Registration, Allied Laws-Other Allied Laws like MRTP, DCPR, IBC, consumer protection,
Miscellaneous topics related to Real Estate Ruling & Redevelopment Act and Rules Act, Rules,
Notification and MahaRERA Order and circulars.
WIRC’s Maharashtra RERA Law & Practice covers the Real Estate Regulating Authority Act (RERA) along with Rules, Regulations, Notifications, Circulars & relevant Case Laws for complying with the provisions of RERA. The book aims to organise the learnings of RERA implementation (since its inception) & correlating the legal provisions (such as Circulars, Orders, etc.) to give a complete picture of the law
This book incorporates the perspectives of the following stakeholders:
Representatives of Self-Regulating Organisations
Brihanmumbai Developers Association
CREDAI-MCHI
NAREDCO
Builders Association of India
Representatives of Association of Allottees & Professional Bodies
PEATA
Bar Association of MahaRERA & MahaREAT
Members of WIRC of ICAI
Mumbai Grahak Panchayat
Confederation of Residents Welfare Association
Maharashtra Cooperative Housing Federation Ltd.
Maharashtra Societies Welfare Association
Mumbai District Cooperative Housing Federation
Women Legal Forum for CHS
Engineers Associations
This book will be helpful to the following:
Chartered Accountants
Advocates
Promoters & Investors
Real Estate Agents
Allottees (including Association of Allottees), Flat Purchasers
Policy Makers, RERA Authorities & Officials from the RERA Appellate Tribunal
Engineers
Contractors & Architects
Project Management Consultants
Developers & Development Managers
The Present Publication is the 1st Edition, authored by the study group of industry experts & representatives from all stakeholders, edited by CA Ramesh S. Prabhu & co-edited by CA Kaushik Sampat, reviewed under the guidance of Hon’ble Shri S.S. Sandhu, Shri. Gautam Chatterjee, Shri. Sumant Kolhe, Shri. B.D. Kapadnis & Shri. D.R. Hadadare, with the following noteworthy features:
[Coverage of each aspect of Real Estate Transactions] with the following:
Necessary legal provisions
Steps & prescribed procedures for compliance (Standard Operating Procedures)
The consequential risk of violation and inviting penal actions
FAQs and the Judicial Rulings have been included to make the manual relevant and practice-oriented
Covering representation aspects of appearing before the Real Estate Regulatory Authority, Adjudicating Officer, Real Estate Appellate Tribunal
[Practical Manual in Simple Language] with the discussion of the provisions along with Rules, Orders, Regulations, and applicable Circulars for each particular chapter
[Practical Ready Referencer] The various formats, drafts and specimen are included in the manual, where the practitioner may accordingly decide to change the draft considering the facts and the relief claimed
[360° Coverage] This book covers the legal and practical aspects of Maharashtra RERA along with other legal provisions affecting the real estate transaction such as:
Income-tax Act
Goods & Services Act
Insolvency & Bankruptcy Code
Consumer Protection Act
Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act
Maharashtra Apartment Ownership Act
Transfer of Property Act, Stamp Duty & Registration
Prevention of Money Laundering Act
Foreign Exchange Management Act
Monopolistic and Restrictive Trade Practices Act
Development Control and Promotion Regulation
The detailed contents of the book are as follows:
General – Applicable to all Stakeholders
Overview of RERA, 2016
Journey & Implementation of RERA
Objective and Purpose of RERA
Real Estate Sector Deficiencies Addressed by RERA
The Authorities to Implement the Act
Powers and Functions of Real Estate Regulatory Authority
Powers and Functions of Adjudicating Officers
Central Advisory Council – Establishment and Functions
Real Estate Appellate Tribunal and its Functions and Powers
Promoter – From the Promoters Perspective
Promoter under RERA
Functions and Duties of Promoter
Registration of Real Estate Project – Legal Framework
Documents Required and the Process of Registration
Operation of RERA Designated Bank Account
A Financial Planning for Real Estate Projects
Project Updates to be Done by the Promoters
Procedure to Extend the Period of the Registration
Procedure for Amendment or Modification in the Sanctioned Plans
Transfer of Real Estate Project to Third Party
The Transfer of Title
Force Majeure and COVID Impact on Real Estate Sector
Advertising and Marketing Post RERA
Importance of End Date/Completion Date and Date of Possession under RERA
Change in Process and Procedure of Real Estate Business post-RERA
Car Parking Space and MahaRERA Circular
RERA Compliance Report by Chartered Accountant
Agent – From the Real Estate Perspective
Registration of Estate Agents – Legal Framework
Process to Obtain Registration for Real Estate Agent
Functions of the Real Estate Agent
Impact of RERA on Estate Agents
Changing Business Landscape for Realtors post RERA
Allottees – From the Allottees and the Association of Allottees Perspective
Revocation of Registration of the Project
Stalled Real Estate Projects and Revival
Alternative Investment Fund for Real Estate including SWAMIH FUNDS
Rights and Duties of Allottees
Association of Allottees
Remedies for Conveyance and Deemed Conveyance
Allottee Due Diligence before Purchasing Property
Professional – From Professional Perspective for CAs, Advocates, Engineers, Architects
Title Certificate
Allotment Letter, Agreement for Sale and Sale Deed
Role and Responsibilities of Architect under RERA
The Roles and Responsibilities of a Civil Engineer and Issue of Form 2 under RERA
Quality Assurance and Defect Liability under RERA
Certificate in Form 3 by Chartered Accountant
Audit by Chartered Accountant under MahaRERA (Form 616 No. 5)
Guidance Note on Accounting for Real Estate Transactions 668 (Revised 2012) and Revenue from Contracts with Customers (Ind AS-115)
Key Audit Challenges – Real Estate Sector
Real Estate Collaborations & Significance of Corporate Due Diligence
Redressal – Redressal System: Complaint, Appeal, Second Appeal, Conciliation
Source Complaints against Unregistered Projects for Registration
Complaint Filing and its Procedure
Process of an Inquiry by the Authority or Adjudication Officer
Appeals under RERA
Second Appeal before High Court
Execution of Orders of MahaRERA and Adjudicating Officer
Execution of a Decree under Code of Civil Procedure, 1908
Complaints by Association of Allottees
Offences and Penalties
MahaRERA Conciliation and Dispute Resolution Forum
MahaRERA Conciliation Forum Role Model of ADR in Real Estate Sector
Income Tax, GST – Taxation: Income Tax, GST, Stamp Duty and Registration
Income-tax Applicable on Real Estate Transactions
Overview of GST Implications of Real Estate Sector
Stamp Duty and Registration
Allied Laws – Other Allied Laws like MRTP, DCPR, IBC, Consumer Protection, etc.
Real Estate Laws of India
Salient Features of Maharashtra Ownership Flats Act, 1963 (‘MOFA’)
Comparison between MOFA and RERA
Overview of Maharashtra Apartment Ownership Act, 1970
Development Control Regulations and MahaRERA
Consumer Protection and RERA: Best Recourse to Allottees
Draft Format/Specimen of Consumer Complaint
Landmark Judgments of the Consumer Courts
Insolvency Resolution Process in Real Estate
Interplay of PMLA, Benami, FEMA with RERA
Miscellaneous – Topics Related to Real Estate Rulings & Redevelopment
Constitutional Validity of RERA
Analysis of Judgments
Society Redevelopment and RERA
Act and Rules – Act, Rules, Notifications, MahaRERA Orders and Circulars
The Real Estate (Regulation and Development) Act, 2016
Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules, 2017
Maharashtra Real Estate Regulatory Authority, Chairperson, Members Officers and other Employees (Appointment and Service Conditions) Rules, 2017
Maharashtra Real Estate (Regulation and Development) (Recovery of Interest, Penalty, Compensation, Fine Payable, Forms of Complaints and Appeal, etc.) Rules, 2017
Maharashtra Real Estate Appellate Tribunal (Members 1405 Officers and Employees) (Appointment and Service Conditions) Rules, 2017
Maharashtra Real Estate Regulatory Authority (Form of Annual Statement of Accounts and Annual Report) Rules, 2017
Maharashtra Real Estate Regulatory Authority (Recruitment and Conditions of Service of Employees) Regulations, 2017
Maharashtra Real Estate Regulatory Authority (General) Regulations, 2017
Maharashtra Real Estate Regulatory Authority (General) (Amendment) Regulations, 2019
Maharashtra Real Estate Regulatory Authority (General) (Second Amendment) Regulations, 2019
Constitution and Operations of Real Estate Regulatory Fund
MahaRERA Orders and Circulars (Selected and Important)
Maharashtra Real Estate Appellate Tribunal Regulations, 2019
Circulars – Appellate Tribunal (Selected and Important)
Ramesh S. Prabhu
CA. Ramesh S. Prabhu is a highly qualified Mumbai-based Chartered Accountant with CISA (USA) practising for over the last 22 years and a well-known public figure. He is hailed as the Architect of Deemed Conveyance. His area of specialisation has been the Cooperative Housing sector. He has authored around 60 books on various issues on Housing society functioning like conveyance, transfer of flats, parking, repairing, collection of dues from members, income tax, service tax for housing societies etc. All of these books were released by the Ministry of Cooperation, Govt of Maharashtra, under the hand of the Cooperative Secretary at the Housing Society Expo, held in Mumbai during 2006.
CA. Ramesh Prabhu has compiled 101 Judgment Series Books for the Office Bearers and Members of Housing Societies on different topics. He was appointed as a Member of the Committee by the Govt. of Maharashtra in 2008 to frame the law pertaining to Deemed Conveyance. The Govt. has since passed the Bill on Deemed Conveyance which has been signed and endorsed by the President of India.
Kaushik Sampat
CA Kaushik Sampat has a comprehensive experience of more than three decades in all aspects of finance, accounts, commercial operations, budgeting, administration, MIS reporting, statutory compliance with astute planning & organisational skills in real estate and infrastructure companies. He has expertise in engineering construction industry with detailed knowledge of working capital management, cash flow & project management, along with handling accounting & cost control simultaneously of multiple projects of various nature and sizes.
Broadly familiar with the framework of laws governing the real estate industry, including an understanding of regulatory approvals sequence & processes, and proficient in MahaRERA.
S.S. Sandhu
Hon’ble Shri S.S. Sandhu is an administrative member of MahaREAT
Gautam Chatterjee
Shri Gautam Chatterjee is a retired IAS officer of the Maharashtra cadre and is Chairperson of the Maharashtra Real Estate Regulatory Authority (Maha RERA). A Gold Medallist in M.Sc. Mathematics from Patna University also holds a PG diploma in Urban Planning and Housing from The Netherlands. Mr. Chatterjee has held several important assignments in the Government of Maharashtra and Government of Bharat, including Joint DG of Foreign Trade in the Ministry of Commerce, CEO of Maharashtra Housing and Area Development Authority, CEO of Slum Rehabilitation Authority, and Principal Secretary of Maharashtra Housing Department.
Sumant Kolhe
Shri. Sumant Kolhe is a former Judicial Member of MahaRERA
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The Supreme Court Tuesday refused to entertain a plea seeking directions for advancement of facilities for athletics as also availability of latest training infrastructure and funds to the sports persons saying there has to be individual drive.
A bench of Justices U U Lalit, Ravindra Bhat and Bela M Trivedi said it was aware of the issues but cannot pass any directions to the government.
“Are you into sports? There has to be individual drive in men or women. There are people like Mirabai Chanu, Mary Kom who have risen above adversities and yet shined like anything. This cannot be done under the diktat of the court. We won’t be able to do anything. Either you withdraw or we will dismiss the petition,” the bench said.
The petition was then withdrawn.
The bench also refused to grant liberty to the petitioner to make representation before appropriate authorities and said there was no individual cause or dispute.
“We have all the sympathy and share the same views. Sorry. The petitioner is allowed to withdraw the petition,” the apex court said.
The petitioner advocate Vishal Tiwari submitted that sportspersons have been participating in Olympics for several decades but results are not satisfactory and they need support and facilities from the Centre and states.
Alleging that there was arbitrary allocation of funds, the plea also sought directions for fixing accountability of the money allocated for athletics.
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