Sec 154 b 29
Querist :
Anonymous
(Querist) 13 October 2023
This query is : Resolved
I m the ex secretary of my society and i am paying my regular maintenance bill on time till date.
My society charging me Rs 6 lakhs as penalty in my maintenance bill from 2012 for which Dy registrar also written letter to our society in 2013 that they cannot charge such amount as penalty in my maintenance bill now they send me letter to pay that other due charges which is pending in my maintenance bill or they will approach Dy registrar for recovery of other due charge u/s MCD act 154 b 29.
I just want to know that charging penalty of Rs 6 lakhs in maintenance bill without any clarification comes u/s MCS act 154b 29 for recovery before Dy registrar
kavksatyanarayana
(Expert) 13 October 2023
If you make late payments, you can pay interest on defaulted dues. Charges vary from society to society but are subject to a maximum of 21% per annum on the charges.
T. Kalaiselvan, Advocate
(Expert) 19 October 2023
You can approach cooperative court and obtain a stay order against the exorbitant penalty charged by the society.
P. Venu
(Expert) 31 October 2023
Section 154B-29 of MCS Act had been notified through MAHARASHTRA ORDINANCE No. IX OF 2019 and had provided as follows -
"154B-29. (1) Notwithstanding anything contained in sections 91, 93 and 98, on an application made by a housing society for the recovery of its dues or for the recovery of its repairs and maintenance, construction cost and service charges, and on the housing society concerned furnishing a statement of accounts and any other documents as may be prescribed, in respect of the arrears, the Registrar may, after making such inquiries as he deems fit, grant a certificate for the recovery of the amount stated therein, to be due as arrears.
"Explanation.— For the purposes of this sub-section, the expression “repairs and maintenance and service charges” means such charges as are so specified in the by-laws of the concerned housing society.
"(2) Where the Registrar is satisfied that the concerned society has failed to take action under the foregoing sub-section in respect of any amount due as arrears, the Registrar may, on his motion, after making such inquiries as he deems fit, grant a certificate for the recovery of the amount stated therein, to be due as arrears and such a certificate shall be deemed to have been issued as if on an application made by the society concerned.
"(3) A certificate granted by the Registrar under sub-section (1) or (2) shall be final and a conclusive proof of the arrears stated to be due therein, and the same shall be recoverable according to the law for the time being in force, as arrears of land revenue. A revision shall lie against such order or grant of certificate, in the manner laid down under section 154 and such certificate shall not be liable to be questioned in any court.
"(4) It shall be lawful for the Collector and the Registrar to take precautionary measures in accordance with the provisions of the Maharashtra Land Revenue Code, 1966 or any law or provisions corresponding thereto for the time being in force, until the arrears due to the concerned society, together with interest and any incidental charges incurred in the recovery of such arrears, are paid, or security for payment of such arrears is furnished to the satisfaction of the Registrar."
However, it could be seen the said provisions are not part of the statute as could be accessed on the official website of the Maharashtra Government (https://mahapanan.maharashtra.gov.in) and India Code (https://www.indiacode.nic.in).
The reasons are obvious. A statute brought into force by means of an Ordinance, in terms of the provisions of Article 213 of the Constitution, is of limited life unless duly enacted as an Act of the Legislature -
213. Power of Governor to promulgate Ordinances during recess of Legislature.
(1) If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require:
Provided that the Governor shall not, without instructions from the President, promulgate any such Ordinance if-
(a) a Bill containing the same provisions would under this Constitution have required the previous sanction of the President for the introduction thereof into the Legislature; or
(b) he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President; or
(c) an Act of the Legislature of the State containing the same provisions would under this Constitution have been invalid unless, having been reserved for the consideration of the President, it had received the assent of the President.
(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of the Legislature of the State assented to by the Governor, but every such Ordinance-
(a) shall be laid before the Legislative Assembly of the State, or where there is a Legislative Council in the State, before both the Houses, and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature, or if before the expiration of that period a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council; and
(b) may be withdrawn at any time by the Governor.
Explanation.- Where the Houses of the Legislature of a State having a Legislative Council are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.
(3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the State assented to by the Governor, it shall be void:
Thus, Section 154 B is not there in the Statute Book; it has been rendered void in course of time. And, the the Society management is relying on void provision in demanding the alleged penalty. You may serve a legal notice on the Society and escalate the issue further through judicial proceedings, if so necessary.
