Question 1

Our guards work 12-hour shifts. Is that allowed, and what must be paid for the extra hours?

Accepted Answer

The labour codes fix normal hours at 8 a day and 48 a week; work beyond that is overtime, paid at twice the ordinary rate. A 12-hour shift is common but means about 4 hours of overtime a day, which the agency (or the society, for its own staff) must pay and record. Make sure the contract price covers it. The Occupational Safety, Health and Working Conditions Code 2020 and the Code on Wages 2019 (in force from 21 Nov 2025) keep the old rule: a normal working day of 8 hours, a week of 48 hours, rest intervals, a weekly day off, and overtime at twice the ordinary wage. State rules under the codes may permit longer spreadovers and set overtime limits per quarter. For the society this means: the security contract should state the shift length, the wage per worker for normal hours and the overtime rate, and the agency's monthly bill should show both; a quote that prices 12-hour shifts at a single 8-hour minimum wage is under-paying the guard, and the society as principal employer can be made to make good unpaid wages (staff_vendors-007, -312). Three 8-hour shifts cost more in headcount but less in overtime and fatigue. For its own watchman, the society keeps an attendance and overtime register and pays through the bank. Night work by women is allowed in Maharashtra establishments only with consent and safety arrangements such as transport.

Question 2

What weekly off, leave and holidays must the society give its own watchman, liftman or sweeper?

Accepted Answer

At least one paid weekly day off, annual leave with wages once the worker qualifies, and the public and festival holidays the applicable State law provides. Put the entitlement in the appointment letter, keep a leave register, and arrange a paid substitute rather than cancelling weekly offs. Under the OSH Code 2020 a worker is entitled to a weekly holiday and, after working a qualifying number of days in a year (180 days under the Code), to annual leave with wages at a rate of one day for every 20 days worked; unused leave can be carried forward within limits and encashed on leaving. Maharashtra's Shops and Establishments Act 2017 also provides paid festival holidays and casual leave for establishments it covers, but whether a residential society is such an "establishment" is not settled (staff_vendors-009). Most societies simply follow the more generous standard. Practical points: the appointment letter lists the weekly off day, leave and holidays; the leave register shows leave earned and taken; a relief worker covers the weekly off and is paid; national holidays (Republic Day, Independence Day, Maharashtra Day, Gandhi Jayanti) are commonly given with pay. Agency workers get these from the agency, and the contract should say so.

Question 3

By when must staff salaries be paid each month, what deductions are allowed, and must we give wage slips?

Accepted Answer

Monthly wages must be paid before the end of the 7th day of the following month, and within two working days when an employee is removed or resigns. Only deductions the Code on Wages permits may be made (statutory contributions, tax, advances, authorised items), and total deductions are capped. Give a wage slip and pay through the bank. The Code on Wages 2019 sets the time limits for payment of wages and the list of permitted deductions; fines and deductions for damage or loss need a prescribed process and cannot exceed the limits in the Code (security_gate-318). A wage slip showing gross wages, each deduction and net pay is expected under the codes' rules and is good evidence that the minimum wage was paid (staff_vendors-008). Society practice: salaries approved in the monthly committee meeting or within the budget; paid by bank transfer (the 2014 bye-laws require payments above ₹1,500 to be by cheque, BL 144); a salary register signed by the Treasurer; PF, ESIC and professional tax deducted and deposited if applicable (staff_vendors-006, -307). Advances to staff should be approved by the committee, recorded, and recovered in instalments with the employee's written consent. Keep the wage records for the auditor; the draft keeps employee records five years after the person leaves (dBL 138(e)(v)).

Question 4

Must the society pay an annual bonus to its own staff, or is the Diwali payment voluntary?

Accepted Answer

The statutory bonus chapter of the Code on Wages applies to establishments where 20 or more persons are employed, for employees whose wages do not exceed the notified ceiling and who have worked at least 30 days in the year. Most societies with a few direct employees are below that, so a Diwali payment is a voluntary ex-gratia amount. If the general body approves it, provide for it in the budget and pay it through the payroll. The bonus chapter of the Code on Wages 2019 (Chapter IV, in force 21 Nov 2025) replaced the Payment of Bonus Act 1965. It applies to an establishment in which twenty or more persons are or were employed on any day of the accounting year (s.41(2)). There, every employee drawing wages up to the ceiling notified by the appropriate Government who has worked at least thirty days in the year gets a minimum bonus of 8.33% of wages or ₹100, whichever is higher, whether or not there is an allocable surplus (s.26(1)); where the allocable surplus is larger, up to 20% (s.26(3)). The chapter does not apply to employees of institutions such as hospitals, chambers of commerce and social welfare institutions established not for purposes of profit (s.41(1)(e)(iii)); whether a co-operative housing society counts as such an institution is not settled. With fewer than 20 employees the question does not arise. A voluntary Diwali payment is a legitimate staff cost if the general body approves it in the budget or by resolution; it is shared in service charges like salaries (Rule 106C-12(2)(a); BL 65(a)). Pay it by bank transfer and record it; do not pay it in cash from a members' collection (staff_vendors-320). Agency workers' bonus is the agency's liability; check that the contract rate includes it.

Question 5

Our watchman has worked for the society for 15 years and is retiring. Is he entitled to gratuity?

Accepted Answer

Statutory gratuity under the Code on Social Security applies to establishments with 10 or more employees; there, an employee with at least 5 years' continuous service gets 15 days' wages for each completed year. If the society has fewer than 10 employees, gratuity is not compulsory, but the general body may approve a retirement payment. The gratuity chapter of the Code on Social Security 2020 (in force 21 Nov 2025) replaced the Payment of Gratuity Act 1972. It applies to establishments with 10 or more employees and, once it applies, continues even if the headcount falls. Gratuity is payable on retirement, resignation, death or disablement after 5 years' continuous service (the 5-year condition does not apply on death or disablement, and fixed-term employees qualify after one year). The amount is 15 days' wages for each completed year, with a ceiling. For a smaller society, a long-serving employee's retirement payment is a matter of fairness: the committee can propose an amount, the general body approves it, and it is paid through the bank with the resolution on the voucher. Societies with direct staff should consider building a provision each year rather than facing one large bill. The auditor will look for the basis of any such payment.

Question 6

A sweeper employed by the society fell from a ladder while cleaning and was injured. What does the society owe him?

Accepted Answer

Arrange treatment at once and record the accident. If he is covered by ESIC, the ESIC scheme pays medical care and disablement benefit and the accident must be reported to ESIC. If not, the society as employer is liable to pay compensation under the Code on Social Security for injury arising out of and in the course of employment. Insure against this risk. The employee's compensation chapter of the Code on Social Security 2020 carried forward the Employees' Compensation Act 1923: an employer pays compensation, worked out by a formula based on wages, age and the degree of disablement, for personal injury by accident arising out of and in the course of employment. Where the employee is insured under ESIC, the ESIC scheme provides the benefit instead and the employer reports the accident to ESIC within the prescribed time. Steps: first aid and hospital; an incident report (security_gate-316); inform ESIC or the insurer; keep wage records to show the wage for the calculation. Prevent it: proper ladders, safety belts for work at height, gloves for chemicals, and no staff inside lift shafts or on electrical panels (only licensed contractors). A workmen's compensation insurance policy for direct staff is cheap and common. For agency workers, the agency is the employer, but the society should check that the agency has ESIC or insurance cover (staff_vendors-007).

Question 7

Does the society have to deduct professional tax from its employees' salaries?

Accepted Answer

Yes, if an employee's monthly salary is above the exemption limit in the Maharashtra professional tax schedule. The society, as employer, must register, deduct the tax from salary and pay it to the State with returns. Most full-time society staff earn above the limit for men. The Maharashtra State Tax on Professions, Trades, Callings and Employments Act 1975 makes every employer responsible for deducting the tax from salaried employees and paying it (an employer's registration certificate, often called PTRC). The schedule sets monthly slabs by salary, with a higher exemption limit for women, and the maximum annual tax is ₹2,500 (usually ₹200 a month and ₹300 in February). The society deducts it in the payroll and pays it through the Maharashtra GST department's portal, which administers professional tax. If the society also pays its own professional tax under an enrolment certificate (PTEC), that is separate and depends on whether the schedule covers it. Agency workers' tax is deducted by the agency. Check the current slabs and due dates with the society's CA; late payment attracts interest and penalty.

Question 8

Does the Maharashtra Labour Welfare Fund contribution apply to a housing society's staff?

Accepted Answer

Possibly. The Labour Welfare Fund Act 1953 requires covered employers to deduct a small employee contribution every six months, for employees on the register in June and December, and pay it with the employer's share, which is twice the employee's. It covers establishments under the shops and establishments law employing ten or more persons, so a society with fewer staff is outside it; whether a co-operative housing society is such an establishment at all is not clear. Ask the Welfare Commissioner or your CA and keep the answer on file. The Bombay (now Maharashtra) Labour Welfare Fund Act 1953 funds welfare activities for workers through half-yearly contributions. The employee's contribution is payable every six months for every employee on the establishment's register in June and in December, and the employer pays twice the employee's rate (s.6BB); the rates are small and are revised by notification. "Establishment" covers factories, motor transport services and establishments under the shops and establishments law that employ, or in the preceding twelve months employed, ten or more persons; an establishment drops out after three continuous months below ten (s.2(4)). Whether a residential co-operative society is an establishment under the Maharashtra Shops and Establishments Act 2017 is itself unclear. Many payroll providers deduct the contribution by default; others treat residential societies as outside the Act. Because the question recurs at every audit, the committee should get a written view from the Maharashtra Labour Welfare Board or a labour-law adviser once, record the decision in the minutes, and apply it consistently. For agency staff, it is the agency's matter.

Question 9

A woman housekeeping worker complains that a resident or a supervisor harassed her sexually. What must the society do?

Accepted Answer

Take the complaint seriously and act at once to protect her, for example by changing her duty area. If the society (with the agency's staff counted as the agency's) has 10 or more employees, it must have an Internal Committee under the POSH Act; otherwise the complaint goes to the Local Committee set up by the District Officer. Help her file it; do not settle it informally. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 covers workplaces including a dwelling place or house (s.2(o)), and a woman employed there, including a domestic or housekeeping worker. An employer with 10 or more workers must constitute an Internal Committee (s.4); for smaller employers, and for complaints against the employer, the District Officer's Local Committee receives complaints (s.6). A complaint is normally made within three months of the incident (s.9). For agency workers, the agency is the employer and should have its own Internal Committee, but the society controls the workplace and must cooperate and take protective steps. Practical steps: record her complaint in confidence; separate her from the person named; inform the agency in writing; give the Local Committee's contact; do not ask her to "adjust"; keep the matter confidential (s.16). Criminal offences can also be reported to the police. The committee should display the POSH information and the Local Committee contact.

Question 10

What service terms should a security agency contract contain beyond the licence and wage clauses?

Accepted Answer

Number of posts and shifts; named guards and a supervisor; relief and replacement within set hours; no change of guards without notice; training and uniform; post orders to be followed; monthly reports; penalties for vacant posts, sleeping or absence; indemnity and insurance; the society's right to ask for a guard's removal; and termination on notice. The licence, minimum-wage and PF/ESIC terms are covered in staff_vendors-007. A good service schedule adds: a post list (main gate 24 hours, rear gate day only, rounds at set times); the agency's supervisor's visits (for example two surprise night checks a week, signed in the occurrence book); maximum time to replace an absent guard; rotation rules (the society may want the same guards for continuity, but the agency must not keep a guard on continuous double shifts); deduction from the bill for each vacant post-hour and for proven lapses, stated in advance; handover of all registers and keys at the end of the contract; a data clause that visitor data and CCTV belong to the society and may not be copied (DPDP, security_gate-009); compliance with the society's written post orders (security_gate-201); a notice period (commonly one month) and a probation period for new agencies. Approve the contract in a committee meeting within the spending limits (staff_vendors-001) and keep it 10 years under the draft retention schedule (dBL 138(d)).

Question 11

How do we check that a security agency is really licensed under PSARA and that its guards are trained and verified?

Accepted Answer

Ask for a copy of the agency's current licence from the State's Controlling Authority under the Private Security Agencies (Regulation) Act 2005, check its validity date and area, and ask for each guard's training certificate, police verification and photo ID card. The agency's uniform must not look like police or armed forces uniform. PSARA forbids carrying on private security business without a licence from the State's Controlling Authority (s.4) and lays down who may be employed as a private security guard: an Indian citizen of the prescribed age with the required training and physical fitness, and whose character and antecedents have been verified (s.10 and the conditions of licence). In Maharashtra the licensing is handled by the Home Department's Controlling Authority; the list of licensed agencies may be published on the State's website. Checks before signing and each year: licence copy with number, validity and the districts covered; the agency's GST and labour registrations; a list of guards with a training certificate and police verification for each; a photo ID card for each guard issued by the agency; a uniform that does not resemble police or army uniform. Keep copies in the contract file and ask for fresh documents whenever a guard is replaced. Guards supplied without verification should not be allowed on duty.

Question 12

The guards tell us the agency has not paid their wages for two months. What should the society do?

Accepted Answer

Act quickly: ask the agency in writing for proof of payment and PF/ESIC challans within a few days, and hold back the matching amount from the agency's next bill. If the agency still does not pay, the society as principal employer may pay the workers directly and recover it from the agency, and should end the contract. Under the labour codes, as under the Contract Labour Act before them, the principal employer is expected to ensure that a contractor pays wages on time, and if the contractor fails, the principal employer can be made to pay and recover the amount from the contractor. So unpaid guards are the society's risk as well as the agency's. Steps: record the guards' complaint; write to the agency demanding the wage register, bank transfer proof and PF/ESIC challans; withhold payment of the current bill (the contract should allow this); if proof does not come, pay each worker's net wage directly by bank transfer against a signed acknowledgement, in the presence of a committee member, and deduct it from the agency's dues; inform the Labour Office if needed. Then terminate on notice and hire a new agency (staff_vendors-313). Prevention: monthly proof of wages and challans before releasing each bill.

Question 13

We want to change the security agency. How do we hand over without a gap in security, and can we keep the same guards?

Accepted Answer

Give notice as the contract requires, select the new agency by quotations and a committee resolution, and fix a handover day when both agencies' supervisors, the manager and a committee member check the registers, keys and equipment. The new agency may re-employ the old guards if they are willing and the old agency has settled their dues; the society should not take them over directly. Sequence (society policy): 1. Committee resolution recording reasons, with quotations from licensed agencies (staff_vendors-003, -311). 2. Written notice to the old agency; ask it to pay all wages and contributions up to the last day and give proof, and withhold the final bill until it does (staff_vendors-312). 3. New contract signed before the notice ends. 4. Handover at a shift change: count keys against the key register, collect the occurrence book, visitor and parcel registers, access-control passwords, radios and uniforms owned by the society; note the condition of CCTV and barriers; both supervisors sign a handover list. 5. Brief the new guards on the post orders and the emergency plan. Guards who move to the new agency start a new employment; their earlier service and gratuity or leave dues are the old agency's to settle. Some contracts forbid the society from hiring the agency's guards; read the clause before asking.

Question 14

How do we write a housekeeping contract so that cleaning quality can be measured and poor work is not paid for in full?

Accepted Answer

Attach a schedule of areas, tasks and frequencies (daily, weekly, monthly), state the number of workers and hours, who supplies materials and machines, and a simple scoring checklist signed daily by the supervisor and weekly by the manager. Tie a small, pre-agreed part of the bill to the score and to attendance. Housekeeping is a service contract like any other: quotations, a committee resolution within the spending limit, and a written work order (staff_vendors-202). What makes it enforceable is the schedule: staircases and lobbies swept and mopped daily; lift cars cleaned twice daily; glass and railings weekly; terraces, drains and basement monthly; garbage rooms washed daily; toilets for staff cleaned twice daily. Add: workers' names and attendance through the gate log; uniforms and ID; materials (brand and quantity) and who pays; no hazardous chemicals without data sheets; a complaint turnaround time. Measurement: a checklist with yes/no items per area, signed by the supervisor; the manager's weekly walk-through scored out of 100; photographs for disputes; a deduction of a stated percentage for scores below a threshold, and for absent workers per day. Deductions must be in the contract before they are applied; the society cannot invent them later. The agency's labour-law duties are in staff_vendors-007.

Question 15

What should the society check before engaging a pest control firm, and how should residents be warned before spraying?

Accepted Answer

Engage a firm that holds a pest control operator's licence under the insecticides law, uses registered products, and gives a written schedule and safety data. Put up a notice at least a day before common-area treatment saying the date, areas, chemical and precautions for children, pets and people with asthma. Who pays for pest control in common areas and flats is covered in ops-009. For the engagement itself: commercial pest control operators need a licence under the Insecticides Act 1968 and the Insecticides Rules 1971, and may use only products registered for that use; ask for the licence copy and the product list. The work order should state the pests covered (cockroaches, rodents, termites, mosquitoes), frequency, the chemicals and method (gel, spray, bait stations), a re-treatment guarantee, and that the firm's staff wear protective gear. Safety: notice on the board and in the members' app 24 hours ahead; keep children and pets away from treated areas for the stated time; no spraying near water tanks or the pump room's open inlets; rodent bait in locked stations only; dead rodents removed daily during a campaign. Mosquito breeding is a municipal issue too: municipal health staff can inspect and act against breeding spots on the premises, so staff should empty water from flower-pot trays, tyres, and terrace pockets weekly, especially in the monsoon (day_to_day_operations-303).

Question 16

How should the daily garbage collection from floors be timed and organised by the housekeeping staff?

Accepted Answer

Set fixed collection times that fit the municipal vehicle's schedule, collect segregated waste in separate bins (wet, dry, sanitary, special care), never mix it at the collection point, and keep the garbage room clean and locked. Publish the timings and the rules on the notice board. The Solid Waste Management Rules 2026 require four-stream segregation at source and handing waste only to authorised collectors (utilities_environment-004). The draft bye-laws make the committee responsible for reasonable arrangements for collection and segregation (dBL 168(c)). A workable routine: door-to-door or floor-bin collection once in the morning (say 7:30 to 9:30) timed an hour before the municipal pick-up, and dry waste on fixed days; colour-coded bins or bags (green wet, blue dry, a separate bag for sanitary waste, special-care waste such as batteries, bulbs and medicines kept aside for special collection); the sweeper refuses to take mixed bags and reports the flat to the manager rather than arguing; the garbage room hosed and disinfected daily, lid closed, no waste overnight in corridors. Members who keep mixing waste are dealt with by the committee (utilities_environment-007). Record collection-vehicle misses in the occurrence book and complain to the ward office.

Question 17

Do we need a liftman, and what are his duties if we employ one?

Accepted Answer

Modern automatic lifts do not need an attendant under the Maharashtra Lifts Act 2017; the law requires a licence, maintenance by a licensed contractor and a log book kept by the owner. A liftman is useful for old lifts with manual doors, heavy traffic or goods. His duties are operating the lift safely, keeping the log, reporting faults and helping in an entrapment without opening the lift himself. The Act places duties on the owner (the society): a licence to use the lift, maintenance through a licensed contractor, a log book of operation, breakdowns and accidents (s.24), reporting accidents (s.15), and a warning notice when the lift is out of use, which everyone must obey (s.36). None of these requires a full-time operator. If the society employs one (or assigns a guard): a written duty list — daily cleaning of the car and landing doors; checking that the alarm bell, intercom, fan and light work; entries in the log book (safety_fire_lift-207); not exceeding the rated load; stopping the lift and putting up the "not in use" notice on any unusual noise or jerk; calling the AMC contractor; in an entrapment, reassuring passengers and waiting for the trained technician or fire brigade (safety_fire_lift-201). He must never open the machine room controls or use the manual release unless trained and authorised by the contractor. Liftmen's salaries are part of service charges (BL 65(a)).

Question 18

Can our housekeeping staff or a handyman do electrical repairs in common areas, or must we call a licensed electrician?

Accepted Answer

Changing a bulb or resetting a tripped switch is routine. Any work on wiring, panels, meters, the DG changeover or pump starters must be done by a licensed electrical contractor through a certified electrician. Keep a panel of licensed electricians and plumbers with their licence copies. The Central Electricity Authority's safety regulations require electrical installation work to be carried out by a licensed electrical contractor using persons holding the required certificate of competency; in Maharashtra these licences are issued through the Electrical Inspectorate of the Industries, Energy and Labour Department. The draft bye-laws make the society responsible for common electrical installations and forbid anyone to tamper with panels and meters (dBL 166(a)(v), 174(b)(iv)). Practical rule: a written list of what staff may do (bulbs, tube lights, resetting a breaker once, reading meters) and what they must not do (opening panels, replacing cables, working on live parts, DG or lift electricals). Keep insulated tools and gloves, a lock-out tag for panels under repair, and the contractor's licence number on the work order. The monthly common-area electrical check in the regime profile (staff_vendors-203) is an inspection, not a licence to repair. Plumbers need no State licence in most areas, but municipal connections must be worked on only by the municipality's licensed plumber.

Question 19

Can a watchman or caretaker be allowed to live with his family in a room on the society premises?

Accepted Answer

Yes, if the committee decides it and the room is a lawful use of common property, but only as part of the job: a written note that the accommodation is given for the duration of employment, ends with it, creates no tenancy, and has rules on electricity, water, guests and use. Record the decision by resolution. Service quarters are common property used for the society's purposes; the committee manages it (BL 137; dBL 173). The risk is that a family stays on after the job ends and claims a right to the room. Protect the society with: a committee resolution; a letter signed by the employee that the room is given as a condition of service, without rent or as a stated deduction permitted by law, and must be vacated within a short period after employment ends; no subletting or outside residents; electricity metered or capped; the family's names for the gate records; police verification of adult family members. Do not use refuge areas, meter rooms, stilt parking or terraces as living space; that breaks fire and planning rules (dBL 174(a)(iii); safety_fire_lift-004). If a former employee refuses to leave, take legal advice; do not cut water or lock them out.

Question 20

Members want to collect money for the staff's Diwali gift. Can the society add it to the maintenance bill or make it compulsory?

Accepted Answer

Not compulsory. A voluntary collection among members is a private arrangement and should be kept outside the society's accounts, or, if the society handles it, collected separately with receipts and paid out transparently. A payment from society funds needs a general-body decision and goes through the payroll (staff_vendors-304). The maintenance bill can include only the charges the bye-laws allow (BL 65; dBL 62); a festival contribution is not one of them, so it cannot be billed or treated as arrears. Two lawful routes: (1) a voluntary members' collection run by volunteers, with a list of contributors and amounts, handed to each staff member against a signed acknowledgement, and not mixed with society cash; or (2) a society-funded ex-gratia payment approved by the general body in the budget, shared in service charges and paid through the bank. Include agency staff fairly: the society may give them a gift, but not in place of wages or bonus the agency owes. Staff should not go door to door asking for tips; that is a common source of complaints and pressure on residents. Cash collected by an office-bearer and not accounted for is a frequent audit objection.

Question 21

Our own employee is repeatedly late, rude to members or negligent. How should the committee discipline or dismiss him?

Accepted Answer

Follow a fair process: a verbal warning noted in the file, then a written warning; for serious misconduct, a written charge, a chance to reply and be heard, and a reasoned committee decision. Termination must follow the appointment letter's notice terms and labour law, with all dues paid within two working days. The committee appoints, supervises and removes employees (dBL 132(f); s.73). The labour codes protect workers against removal without due process, and a society that dismisses someone on the spot invites a claim before the labour authorities. A defensible process: 1. Record each incident (date, what happened, who complained). 2. Oral warning, then a written warning signed as received. 3. For misconduct such as theft, violence or serious negligence: a charge sheet listing the allegations, suspension if needed while inquiring, a written reply within a few days, a hearing where the employee can explain, and a decision with reasons recorded in the minutes. 4. Notice or pay in lieu as the appointment letter and law require; full and final settlement (wages, leave encashment, gratuity if applicable) paid within the time limit (staff_vendors-303); a relieving letter. Take advice before dismissing a long-serving employee. For agency staff, ask the agency to replace the worker; do not discipline him directly.

Question 22

Our maids and cooks ask about the Maharashtra Domestic Workers Welfare Board. Does the society or the member have to register them?

Accepted Answer

Registration with the Board is voluntary for the worker and gives access to welfare schemes. The society has no duty to register domestic workers, who are the members' employees, but it can put up the Board's information and help workers with the proof of work they need, such as a certificate from the employing member. The Maharashtra Domestic Workers Welfare Board Act 2008 set up a Board to register domestic workers who have completed 18 but not 60 years of age and who are engaged in domestic work (s.11(1)), and to run welfare schemes for them; registration is done through the Labour Department's offices or portal. The employer in law is the household that employs the worker — the Act defines the employer as the person having control as head of the family or the manager (s.2(f)) — not the society (security_gate-005). Members can support registration by giving a simple certificate of employment. The society's role is limited to information: a notice on the board, or a help day arranged with the Labour Department. The gate's attendance record may help a worker prove regular work, but it should be given only to the worker or the employing member, not to agents (security_gate-307). The committee should not collect workers' documents for registration itself.

Question 23

What training, uniforms and ID cards should society staff and guards have?

Accepted Answer

Every staff member should wear a uniform or badge and carry a photo ID card issued by the society or the agency. Train them at joining and at least twice a year in the gate rules, fire and lift emergencies, first aid, courtesy and data privacy. The 2026 Rules expect societies to train their employees twice a year as far as possible. Rule 106C-7(3) of the MCS Rules (Chapter XI-B, in force 22 Jun 2026) asks the society to arrange training of its officers and employees twice a year, as far as possible; the draft bye-laws add awareness programmes for employees on safety and emergencies (dBL 162(d), 170(f)). Practical content: the post orders and occurrence book (security_gate-201, -302); visitor and delivery rules; fire extinguisher use, raising the alarm and evacuation (safety_fire_lift-202, -203); lift entrapment (safety_fire_lift-201); first aid; handling complaints politely (day_to_day_operations-315); not sharing residents' information (DPDP). Record each session with date, topics, trainer and attendees. ID cards: name, photo, role, employer (society or agency), validity, and an emergency number; collect cards when staff leave. Uniforms for society staff are a staff cost within the budget; agency guards' uniforms are the agency's and must not resemble police uniform (staff_vendors-311).

Question 24

How should the committee review a vendor's performance before renewing an AMC or contract, and can it stop using a poor vendor?

Accepted Answer

Keep a simple record through the year: complaints, response times, missed visits, penalties applied and service reports. Review it at least two months before renewal, compare fresh quotations, and record the decision with reasons. A vendor who breaches the contract can be terminated as the contract allows, and the society may decide not to invite it again. Renewal is a fresh spending decision within the limits and the quotation policy (staff_vendors-001, -003, -011). A vendor score card: number of complaints and average time to close them; visits made against the schedule; breakdowns and repeat faults; statutory documents current (licences, insurance, PF/ESIC proof for manpower contracts); invoices matching the contract; behaviour of staff. The manager prepares it from the complaint register and the AMC log (dBL 138(e) keeps AMC records five years). The committee records the review and the reasons for renewing or changing in its minutes; the auditor and members can then see why the society stayed with a costlier vendor or changed a cheaper one. Keeping a list of vendors not to be used again is lawful if based on recorded performance and applied fairly; it should not be used to favour a connected firm (staff_vendors-004). Termination must follow the notice and dispute clauses of the contract.

Question 25

What records should the society keep when it employs its own staff?

Accepted Answer

Appoint by committee resolution and issue an appointment letter stating the post, duties, wages, hours, weekly off and leave. Keep an employee file with ID and address proof, police verification, the bank account for salary, attendance and wage records, and any security furnished for handling cash. Pay wages by bank transfer and at least the minimum wage. The committee manages the society, including its staff (s.73; BL 137 item 27 on security from paid employees), and the draft says expressly that it appoints, supervises and removes employees (dBL 132(f)). Wages must meet the notified minimum (staff_vendors-008); PF and ESIC apply once the headcount thresholds are met (staff_vendors-006). An employee handling cash furnishes security (BL 146; Rule 107-B). A practical employee file: - resolution and appointment letter, signed by the employee; - ID, address proof and a photograph; emergency contact; - police verification (see security_gate-005); - duty chart and attendance register; - wage slips, bank-transfer records, leave record, and PF/ESIC numbers if applicable; - any warnings, and the relieving letter on exit. The draft keeps employee records for five years after the person leaves (dBL 138(e)). Personal data of staff is also covered by the DPDP Act; keep the file locked and share it only with those who need it.

Question 26

How do we engage a contractor for a job and pay the bill properly?

Accepted Answer

Get the approval at the right level (committee within its limit, general body above it), collect quotations, and issue a written work order with scope, price, timeline, payment terms and the contractor's PAN. Pay against a bill only after someone certifies the work was done, deduct TDS where due, and pay by cheque or bank transfer with a voucher. Sequence: 1. Need identified by the Secretary's inspection or a complaint (BL 155; dBL 147(b)). 2. Quotations (three is the usual practice, staff_vendors-003) or a tender if above the
   general body's threshold (committee-204).
3. Resolution approving the vendor and amount within the committee's powers (committee-203).
   No committee member or relative may have an interest (BL 115).
4. Work order signed by the authorised office-bearer: scope, rate, quantities, start and end
   dates, warranty, safety and insurance of workers, retention if any, and payment milestones.
5. Completion certificate or measurement by the Secretary or the architect. 6. Bill checked against the work order; TDS deducted if the thresholds are crossed
   (tax_gst-201); GST checked on the invoice.
7. Payment above Rs 1,500 by cheque or bank transfer (BL 144); voucher with the bill,
   work order, certificate and approval filed in cash-book order (BL 141(xvii)).
For recurring services (lift, pumps, fire systems), use a written AMC (staff_vendors-011).

Question 27

How should the daily work of housekeeping and maintenance staff be organised and checked?

Accepted Answer

Give each person a written duty chart (areas, times, tasks), keep an attendance register, and use simple checklists that the supervisor or Secretary signs: common-area cleaning, garbage segregation and collection, pump and tank checks, lights, and the lift log. Review them at the monthly committee meeting. This is good practice rather than a legal requirement. The committee supervises employees and the Secretary inspects the property and reports on repairs (BL 155; dBL 134(b)(viii)-(ix)). The regime profile lists standard recurring tasks: weekly pump and motor checks, monthly DG test run, weekly CCTV and barrier checks, monthly common-area electrical checks, half-yearly tank cleaning and fire-drill checks, and the monthly lift AMC visit. A workable daily chart: - morning: sweep and mop staircases, lobbies and lifts; empty common bins; segregate wet and
  dry waste for the municipal collection;
- pump house: record tank levels, pump running hours and any leak or noise; - lighting: switch off common lights at dawn and on at dusk; note fused bulbs; - end of day: lock terrace, meter room and pump room; return keys to the key register. Supervisor signs the checklist; the Secretary or manager checks it weekly. Contract staff through an agency follow the agency's supervision, but the society still checks the work before paying the bill (staff_vendors-007).

Question 28

How much can the managing committee spend on repairs without asking the general body?

Accepted Answer

Since 22 June 2026 the MCS Rules fix the limit on a single, one-time expense on repairs and maintenance in a financial year. It depends on the number of members: ₹1 lakh (up to 25), ₹2 lakh (26–50), ₹3 lakh (51–100), ₹4 lakh (101–1,000) and ₹5 lakh (1,001 and above). Anything above that needs prior general-body sanction. Rule 106C-13(5)(b) binds every housing society whatever bye-laws it has adopted. It replaces the lower limits in 2014 BL 156(a): ₹25,000, ₹50,000 and ₹1,00,000. Many videos still quote those old figures. The draft 2026 bye-laws (dBL 147(e)) repeat the new bands. dBL 147(f) allows an exception for emergency repairs, and dBL 148(e) says emergency action must be ratified at the next general body. The limit is for one-time expenditure. Do not split one job into several work orders to stay under it; an auditor will treat that as avoiding the limit. Record the committee resolution, the estimate and the quotations with the voucher.

Question 29

When must the society invite tenders instead of just taking quotations?

Accepted Answer

The general body fixes a money limit. Work estimated above it must go to tender, and work below it can be done on quotations. The bye-laws set no fixed number, so if the general body has never fixed one, pass a resolution at the next meeting. 2014 BL 156(c) and draft dBL 147(g) both leave the tender threshold to the general body. Above the threshold, the committee invites tenders. The Secretary opens them at a committee meeting. The committee prepares a report and draft terms, with the architect or engineer where one is appointed. The general body approves the contractor, and then the committee signs the contract (BL 156(c),(i); dBL 149(d)-(f)). The draft bye-laws add a comparative statement. They let the general body appoint a works monitoring committee (dBL 149(g)). Tender papers, comparative statements, work orders and completion certificates must be open to members (dBL 149(h)). BL 156(j) requires contracts to refer disputes to a sole arbitrator. A tender threshold is separate from the spending limit in staff_vendors-001. Even a job the committee may approve alone can need tenders if it is above the tender threshold.

Question 30

How many quotations do we need for an ordinary purchase or AMC?

Accepted Answer

No statute fixes a number for ordinary work below the tender threshold. Three written quotations is the common practice, and SocietyAxis uses it as the default. For appointing an architect, structural engineer or other technical expert, the draft 2026 bye-laws ask for proposals from at least three professionals. This is society policy. Put the number in a general-body resolution so the auditor has a rule to test against. Keep the quotations, a comparison sheet and the committee resolution choosing the vendor. Record reasons if the lowest quote is not chosen, for example service record, response time or an approved-contractor requirement. For lifts, only a contractor licensed under the Lifts Act 2017 may be used (see safety_fire_lift). dBL 148(b) applies to appointing professionals such as an architect, structural engineer or PMC. Contracts, quotations and work orders are kept 10 years and AMC records 5 years under the draft retention schedule (dBL 138).

Question 31

Can a committee member or their relative be given a society contract?

Accepted Answer

No. Under the 2014 model bye-laws an officer of the society must not have any direct or indirect interest in a contract made with the society. The safe course is not to award work to a firm connected with any committee member or their relatives. BL 115 bars an officer from any interest in a contract with the society, in property the society buys or sells, and in its other transactions. The narrow exceptions are for investments in, or loans from, the society. A member who finds such a contract can complain to the committee under BL 171–173. If that fails, they can go to the Registrar, who can inspect or inquire. Loss to the society can lead to surcharge proceedings against those responsible. If a committee member has any link with a bidder, they should declare it in writing and leave the meeting for that item, and the minutes should record this. For a dispute about the loss, get advice from an advocate.

Question 32

Who appoints and removes society staff such as a manager, watchman or sweeper, and how are their salaries paid for?

Accepted Answer

The managing committee appoints, supervises and removes employees. Their salaries are part of the society's service charges, which every member shares. The draft 2026 bye-laws list among the committee's powers the power to "appoint, supervise and, where necessary, remove employees" (dBL 132(f)). Both sets of bye-laws include salaries of office staff, liftmen, watchmen, malis and other employees in service charges (2014 BL 65(a); dBL 62(i)), which are shared equally per flat. Give each employee a written appointment letter with duties, hours, weekly off, wages and notice period. Keep the attendance and wage records; the draft bye-laws keep employee records for 5 years after the person leaves (dBL 138(e)(v)). An employee who handles cash must give security (2014 BL 146). They may hold at most ₹5,000 in petty cash overnight (2014 BL 143). The Rules require the society to train officers and employees twice a year "as far as possible" (Rule 106C-7(3)). Removing an employee must follow the appointment terms and labour law. Take advice before dismissing anyone.

Question 33

Does the society have to pay PF and ESIC for its own employees?

Accepted Answer

It depends on headcount. Under the Code on Social Security 2020, in force since 21 November 2025, provident fund applies to an establishment with 20 or more employees. ESIC applies with 10 or more employees in areas where it is notified. Most societies with a handful of direct staff fall below both thresholds, but many can register voluntarily. Count everyone the society employs directly: manager, office staff, watchmen, liftmen, sweepers, gardeners. Workers supplied by an agency are the agency's employees, but see staff_vendors-007 for the society's duties as principal employer. Once a threshold is crossed, the society must register, deduct the employee's share, add the employer's share and deposit both monthly. Under the Code a single definition of "wages" decides the base for contributions. Allowances cannot be inflated to shrink that base. Whether a housing society is an "establishment" for every chapter of the Code is not settled for small societies. Get a CA or labour-law adviser to confirm registration once headcount nears 10 or 20. Keep contribution challans with the salary vouchers for the auditor.

Question 34

We hire guards and housekeeping through an agency. What must the society check?

Accepted Answer

Check that the agency holds the licences its work needs (a PSARA licence for security) and pays at least the minimum wage. It must deposit PF and ESIC for the workers it sends. Ask for proof every month, because the society as principal employer can be held responsible if the agency defaults. A written contract should state the number of workers and shifts, the wage paid to each worker (not just the agency's total bill) and statutory contributions. It should require monthly proof of payment (wage register extract, PF/ESIC challans), police verification of every worker, a replacement policy, an indemnity, insurance and termination on notice. Under the labour codes, as under the older Acts, a principal employer who uses contract labour can be made to pay unpaid wages or contributions and recover them from the contractor. Monthly proof protects the society. For security, the agency must be licensed under the Private Security Agencies (Regulation) Act 2005 and must verify its guards' character and antecedents. On tax: the society deducts TDS on contractor payments above the thresholds. Since 1 Apr 2026 that is under s.393 of the Income-tax Act 2025 with payment codes. If the society is registered for GST, security services from a non-corporate agency may fall under reverse charge.

Question 35

What is the minimum wage for a watchman or housekeeping worker in Maharashtra?

Accepted Answer

The State notifies minimum wage rates by zone and skill level and revises the dearness allowance twice a year. Pay at least the current notified rate for the worker's category and zone, and keep the notification on file. We do not quote a figure here because it changes every six months. The Code on Wages 2019 (in force 21 November 2025) replaced the Minimum Wages Act 1948, but the principle is unchanged. No employer may pay less than the notified minimum, and the Centre's floor wage sets the lowest level a State may fix. Watchmen are often "unskilled" or "semi-skilled" depending on the schedule. Security guards placed through a Security Guards Board in notified areas get the Board's rates (see staff_vendors-009). If staff work more than the normal hours, overtime is payable at twice the ordinary rate. Wages must be paid on time and only lawful deductions made. When the general body approves the budget, provide for the next dearness allowance revision so service charges do not fall short mid-year.

Question 36

Do we have to take guards through the Security Guards Board?

Accepted Answer

Possibly. The Maharashtra Private Security Guards Act 1981 applies to "establishments" in the areas where a Board scheme is notified (Greater Mumbai, Thane and others). Since the 2025 amendment, "establishment" follows the definition in the Shops and Establishments Act 2017. Whether a residential society falls within it is not settled, so check with the local Board before hiring guards directly. Most societies take guards from a PSARA-licensed agency. A PSARA licence does not by itself take the guards outside the Board scheme: the 1981 Act covers guards engaged through an agency too (s.2(10)), the scheme may register both employers and guards (s.3), and agencies or classes of guards are outside it only if the State Government exempts them by notification because their benefits are not less favourable (s.23). A society that employs guards itself in a notified area should ask the Security Guards Board in writing whether it must register, or whether the agency route or an exemption applies. It should keep the reply. The 2025 amendment replaced the Act's definition of "establishment" with the one in section 2(4) of the Maharashtra Shops and Establishments Act 2017. Where the Board scheme applies, guards come from the Board's pool, and wages and levies are paid at the Board's rates.

Question 37

Can a member or contractor employ a child as domestic help or labour in the society?

Accepted Answer

No. Employing a child is prohibited by law, and the model bye-laws require the committee to display this on the notice board. If the committee finds a violation, it must report it to the Labour Commissioner or police. 2014 BL 159(b)(iii) requires the committee to display the prohibition and spread awareness. It must ensure no member or contractor uses child labour and report any violation to the Labour Commissioner, the police or a recognised voluntary organisation. The draft 2026 bye-laws keep the duty (dBL 165): inform members, contractors and agencies, and report violations. The governing law is the Child and Adolescent Labour (Prohibition and Regulation) Act 1986 as amended in 2016. Put a no-child-labour clause in every vendor contract, and have guards check age documents for regular workers.

Question 38

What should an AMC (annual maintenance contract) for lifts, pumps, DG set or fire systems contain?

Accepted Answer

It should state the scope (visits, parts included or excluded, breakdown response time), the contractor's licence where the law requires one, the price and escalation, the term and renewal date, the reports the contractor must give, penalties for delay, and termination rights. For lifts and fire systems the law requires a licensed contractor or agency. A lift must be maintained under a contract with an approved (licensed) contractor (Lifts Act 2017 ss.7(5), 18). Fire-prevention work and the half-yearly Form B certificate must come from a Licensed Agency (Fire Act 2006 ss.3(3), 10). "Comprehensive" or "non-comprehensive" (parts extra) is a commercial choice for the committee. Compare the total cost over three years, not the first-year price. Diary the renewal: SocietyAxis reminds 45 days before a lift AMC ends (policy). Keep the AMC and the service reports. The draft bye-laws keep AMC records 5 years, and fire, lift and electrical inspection records 10 years (dBL 138). An AMC with the same vendor year after year still falls under the society's quotation policy and the Rule 106C-13(5)(b) limit each year.

Question 39

Can the society pay a vendor or staff member in cash?

Accepted Answer

Only small amounts. Under the 2014 model bye-laws every payment above ₹1,500 must be by crossed account-payee cheque (in practice, a traceable bank transfer). The Secretary or an authorised employee may keep at most ₹5,000 cash overnight for petty expenses. BL 144 fixes the ₹1,500 limit. BL 143 caps cash in hand at ₹5,000 and requires any excess to be banked within three days. Pay salaries by bank transfer so there is proof of paying the minimum wage (staff_vendors-008). Every payment needs a voucher with the bill or salary acknowledgement. Vouchers are kept 10 years under the draft bye-laws (dBL 138(d)). Income-tax rules on cash payments also apply, so check with the society's CA before paying any contractor in cash.

Staff & vendorsकर्मचारी व पुरवठादार