Jul 14, 2011

Apply for Ration Card: Karnataka

TYPES OF RATION CARDS

The following types of ration cards are issued in the State:

  • Green cards and Yellow cards are issued to BPL families living in rural areas and urban slums.
  • Antyodaya Anna Yojana cards are issued to poorest of the poor families living in rural areas and urban slums. The number of cards so issued is limited to 4.797 lakh families as prescribed by the Government of India.
  • APL cards which are of two types, namely saffron cards and photo cards, are issued to families living above the poverty line (APL). Saffron cards are issued to APL families in rural areas and photo cards are issued to APL families in urban areas.
  • Honorary cards are issued to families which do not desire rationed commodities but require ration cards for identification purposes only.

The State Government will ensure constant checking of ration cards to identify and eliminate bogus ration cards and to take stern action against persons found guilty of misusing the benefits of the TPDS.

Commodities Covered

  • At present, commodities covered under the TPDS are rice, wheat, sugar and kerosene. Commodities supplied at the fair price depots shall be as per the norms prescribed under the Prevention of Food Adulteration Act and Rules.
  • Rice and wheat are supplied to BPL families at subsidised prices. After meeting the committed entitlement of the BPL cardholders and depending upon the availability of rice and wheat, APL cardholders will be sold rice and wheat at the scale and rates fixed from time to time.
  • Only BPL families are entitled to get sugar under the TPDS. APL families are not entitled to get sugar.
  • Kerosene is issued to ration cardholders subject to fulfilment of certain restrictions imposed by the State Government.
  • All the cardholders will be issued other essential commodities under the Public Distribution System as decided from time to time by the State Government at the scale and rates fixed by the Government.

Eligibility

Every family residing in the State of Karnataka is entitled to a ration card.

Procedure

  • The application for a new ration card should be submitted in the prescribed form. The prescribed application forms are available in the respective offices free of cost. For obtaining computerised ration cards, an application fee of Re.1 is charged. The format is also displayed in the Fair Price Depots. The application can also be submitted on a plain paper but in the same format. It is not essential to use the printed form.
  • The application for a new ration card should be submitted in the prescribed form. The prescribed application forms are available in the respective offices free of cost. For obtaining computerised ration cards, an application fee of Re.1 is charged. The format is also displayed in the Fair Price Depots. The application can also be submitted on a plain paper but in the same format. It is not essential to use the printed form.
  • Either the head of the family or the spouse should submit the applications. Applications through intermediaries, social workers, etc. will not be entertained. Applications received in bundles through anyone will also not be entertained.

Necessary documents/papers

  • Three passport-sized photographs of the applicant
  • Proof of residence: Copy of any of the following documents showing the residence address of the applicant
  • Identity card issued by the Government or by Public Sector Undertakings
  • Latest telephone bill on the name of the applicant
  • Recent mail received by the applicant
  • Latest LPG receipt on the name of the applicant
  • Valid driving license
  • Valid Passport
  • Voter Identity card
  • Latest tax paid receipt, if living in own house
  • Extract of the Electoral Roll
  • Latest rent-paid receipt, if living in a rented house, clearly indicating the name and complete postal address of the owner
  • Any other documents that may prove the applicant's residence

In respect of poor applicants who do not have any of the above documents, the Food Inspector will conduct local enquiry and draw up a mahazar about the applicant being a bonafide resident or not. Further, if the issuing authority is not satisfied by any one of the proofs given by the applicant, the authority may ask for a second proof from among any one of the proofs listed above. A decision will be taken on submission of the second proof.

  • Latest Income Certificate, if the applicant is seeking a yellow card (BPL card). In addition, the Food Inspector concerned will conduct a local inquiry to verify the information about the ownership of any valuable assets that may disqualify the applicant from being issued a BPL card.
  • Surrender certificate or deletion certificate issued by the competent authority of Food & Civil Supplies Department if the applicant has moved from one place to another.

Every applicant will be issued an acknowledgement with the due date. The applicant should demand and collect the acknowledgement. The applicant should obtain the ration card after duly signing in the assignment register maintained in the rationing office.

Fee

For the issue of a new ration card, Rs.5/- is the charge in case of BPL cards and Rs.10/- in case of APL cards, Rs.45/- for the issue of a computerised card in Bangalore I.R. Area and Bailahongal Taluk of Belgaum District.

In case of loss of ration card, the cardholder can apply for a duplicate ration card along with an affidavit about the loss of the card. The duplicate card will be issued after due enquiry, in 30 days' time. The charges for the issue of a duplicate ration card are Rs.15/- for BPL cards, Rs.25/- for APL cards and Rs.45/- for the issue of computerised ration cards in Bangalore IR area and Bailahongal district.

For further information, visit: http://www.ahara.kar.nic.in (External website that opens in a new window)

Encumbrance Certificate for Property Buying

The encumbrance certificate is used in property transactions as an evidence of free title/ownership. When buying an apartment, land or house, it is important to confirm that the land or property does not have any legal dues. A prospective home buyer must ensure that the property he intends to purchase has a clear and marketable title. The encumbrance certificate certifies that the property is not mortgaged and has no legal dues. The encumbrance certificate for property is available from the sub registrar office where the deed has been registered.

Encumbrance Certificate

The encumbrance certificate is vital for property buying, applying for Home loan or Loan against Property. Government Authorities and Financial Institution like banks etc demand 13 years of encumbrance. You could demand 30 years encumbrance certificate to be checked. If you still have anymore doubts, you can take a Possession Certificate of the ownership of the particular land, which is available from the village office.

The “Encumbrance” means the charges or liabilities created on a particular property, whereby it is held as a security for any debt of its owner which has not been discharged as on date. The encumbrance certificate contains all the transactions registered relating to a particular property for a period (as required).
The encumbrance certificates are issued in Form No. 15 or 16. If the property does not have any encumbrance during the said period, Form 16 will be issued i.e., certificate of Nil Encumbrance. If the property has any encumbrance registered during the said period form No. 15 will be issued. The certificate in form 15 discloses the documents registered in respect of the property, the parties to the deed, nature of the encumbrance, amounts secured or transacted in the said deed, the registered number of the document, Book No., Volume No., date-wise.

Limitations of Encumbrance Certificate

Government Authorities and Financial Institution like banks etc demand 13 years of encumbrance to confirm that the land or property does not have any legal dues. Public in general frequently use encumbrance certificates in property transactions as the sole evidence of free title / ownership. They are under the impression that the encumbrance certificate would disclose all the encumbrances that a property may have. However, encumbrance certificate has certain limitations and public should not completely rely on this certificates.

The encumbrances disclosed in the certificate are for the period for which certificate is issued and any encumbrance created at a prior date or at a later date are not included in the said certificate. Hence public should not completely rely on the certificates issued by the Registrar or Sub-Registrar office for tracing the clear title of the said property.

Procedures for Encumbrance Certificate

When you intend to purchase a property, an encumbrance certificate is a very important. The encumbrance certificate contains all the transactions registered relating to a particular property for a period. Government Authorities and Financial Institution like banks etc demand 13 years of encumbrance. You could demand 30 years encumbrance certificate to be checked. Before buying any land or house, it is important to confirm that the land does not have any legal dues. Following is procedure to obtain a no encumbrance certificate or encumbrance certificate.

  • Apply on Form 22, with a Rs 2 non-judicial stamp affixed, to the Tahsildar giving your complete residential address and the purpose for which the certificate is required.
  • Furnish details of ownership of property giving correct survey number and place where the property is situated. It is very important that the period, full description of the property, its measurements, and boundaries are clearly mentioned in the application
  • The requisite fee needs to be paid. The fee is to be paid year-wise. The encumbrance year commences from April 1 of a calendar and closes on March 31, of the next calendar year. Any fraction of the said encumbrance year attracts fee for the full year.
  • Enclose address proof such as Copy of ration card or any proof of residence address duly attested along with application.
  • The application should be submitted to the jurisdictional sub-registrar’s office under which the property falls.
  • In case the property does not have any encumbrance during the period, Form 16 is issued. This means no charge has been registered on the property. In case the property has any charges registered against it, then Form No 15 is issued.
  • Form 15 discloses the nature of charges created, documents of the property registered, amount secured, and the registration details and references.
  • In case there is no such entry and the report is favorable, the no encumbrance certificate is issued after conducting a detailed enquiry. The time taken may be anywhere between 15 to 30 days.

Formation of Apartment Owners Association in Bangalore

Bangalore apartment owner’s association is voluntary association of apartment owners residing in Bangalore. The association may or may not be registered. The registered association can enjoy all the legal benefits.

Act for Registration Apartment Owners Association

An association in Bangalore can be registered under Karnataka Act. There are mainly three Acts which you can register your association. The following are Karnataka Act for registering an association.

  1. The Karnataka Apartment Ownership Act 1972: Act exclusively deals with residential apartment. Law makes each apartment a transferable and heritable property with separate katha and specific undivided interest in land. Disadvantage in forming an association under this Act is that it often difficult to gather all the owners of the apartment one at time for the registration of association. If the owners of apartment give the power of attorney to builder he can submit the entire property to this Act. Find the pdf of act here :Karnataka Apartment Owners Act 1972

  1. The Karnataka Societies Registration Act 1960: In Bangalore most of the associations are formed under this Act. The societies formed under this Act are for the promotion of charity, educational, science, art, literature or for the promotion of sports. The Act does not bind anybody who is not a member. The advantage of the Act is it can be formed with minimum 7 members who are not less than 18 years. The association formed under this Act to maintain day to day affairs of maintenance. Both Residential and commercial building owners can become member of the society.
  2. The Ownership Flats Act and The Companies Act: Under this Act a private company can be formed for the maintenance of apartment, both residential and commercial building. All the owners will be issued shares and rules for governing the allotment and transfer of share. This is not effective in Karnataka because the co-operative societies may not have companies as its members.

An association of apartment can be formed by volunteer association of owners of apartment. The association may or may not be registered. By registering the association members can enjoy legal benefits and association gets unique name registered. An apartment owner’s association can be formed under Karnataka Apartment ownership Act 1972 but it needs all the owners of apartment gather at one place at time of registration and it is difficult to gather all owners at one place at a time. The builder can register the association if all owners give power of attorney for forming an association. Most of associations are formed under Karnataka Societies Registration Act 1960.

The following are requirement for formation of an association under Karnataka Societies Registration Act 1960.

  1. Need 7 or more members and must be above 18 years.
  2. Memorandum of association with name and objects of association, details of members of governing body with name, address and occupation.
  3. Bye-laws (rules and regulation) of the association.
  4. Fee for registration

All the applicants need to sign the document in front of Registrar and if the Registrar is satisfied that all the requirements of this Act and the rules made he shall certify that the society is registered and issue a certificate of registration. The Association of apartment owner’s is successfully formed.

Object of Apartment Owners Association

In an apartment there will be common maintenance charge and it has to be meet proportionately by all flat owners. One of the objects of formation of association is to collect these charges and work for welfare of owner’s of apartment. The association formed under Karnataka societies registration Act 1960 is promotion of charity and organize a non-profit organization for welfare of owners in apartment.

Duties and Powers of Apartment Owners Association

All the owners of apartment complex are members of the association but people other than owners who reside or occupy an apartment will have to pay maintenance charges for enjoying common facilities but does not have right to vote unless authorized by owner of apartment in writing. The members other than owners are known as associate members and owners are known as members. All the members of association form general body.

General body consists of all the members of association who are owners of apartment complex. General body elects members by and from general body as Management committee. Management committee consist a President, Vice-President, Secretary, Treasurer and other members. Management committee represents association before all official and non-official bodies concerning building and other member’s rights and interests.

Each and every member has his own duties and rights in an association. Here are some duties of each member.

  • Management Committee
  1. Organize social, cultural and recreational facilities for the members or people in the apartment.
  2. Represent members of association and protect rights and interests.
  3. Open and maintain bank accounts of association
  4. Work for welfare of residents in association and co-operate with other association for common and mutual benefits.
  5. Ensure the monies are used for the maintenance of building and promote charitable feeling among members. Encourage religious, social, cultural and educational activities.
  6. Keeping safe custody of documents relating to land and buildings, license issued etc.
  7. Conduct meeting, discuss the problems and provide adequate solutions.
  • President
  1. He/She is the person who has can sue or defend any legal action against association.
  2. Ensure the income and expense of association is for welfare for members of association.
  3. Enters into contracts approved or assigned by the committee.
  • Treasurer
  1. Maintain funds and documents relating to association in safe custody.
  2. Operate income and expenses of association and empowered to operate bank accounts of association.
  3. Maintain petty cash to meet expenses and maintenance of apartment.
  • Secretary
  1. Organizing and conducting general body meeting of association members.
  2. Attending meeting representing association
  3. Taking and maintaining minutes for meeting.
  4. Collecting and analyzing information from members.
  • Members

Following are important rights and duties of members of association.

1.Attend general body meeting

2.Right to vote

3.Pay the dues decided by the general body and abide by the bye-laws.

PS: Sample of Byelaws for formation of apartment association

*Data gathered for information purposes, use of same is at readers discretion, author claims no liabilities for the same.