By I C Naik
High Risers are prone to common mishaps in relation to lifts. And the punishment is awarded to the Chairman and to the Secretary. They are the ones picked up by the Police as seen in the case a few days ago in Nalasopra’s society in Western Sub-Urban District of Mumbai.
Every job is fraught with professional hazards. In several cases financial risks are insurable but it is no so, in case of an event around a risk which triggers provisions of Indian Code.
The Chairman and the Secretary of a housing society are booked under IPC 304A in relation to a Lift crashing mishap in their housing society. They are prone to arrests as also a proceeding under that IPC.
This section reads as under.
“304A. [ Causing death by negligence.– Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.].”
On November 19, a 10-year-old boy, the class V student of St Aloysius High School, Ali Rashid Shaikh, had gone to the first floor of the building to call out to his friends. Just as he was getting into the lift, he was crushed as the lift started plunging downwards. Though people on the first floor could hear his screams, they could not reach out to save the boy.
Assistant inspector Maruti Khedkar of Nalasopara police station reportedly told media that “We have booked the society chairman Dr Sanjay Marwankar and society secretary Shivkumar Singh and a person from Das Lift Electronic Works for negligence under section 304 A (causing death by negligence), 34 (common intent) of the Indian Penal code and will soon make the arrests.
Section 34 in The Indian Penal Code, 1860
34. Acts done by several persons in futherance of common intention.– When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
Acts done by a housing society including Poor Maintenance of lift ( or for that matter buildings of housing societies) is a joint and several responsibility of the managing committee as per Section 73(1AB) of the M. C. S. Act 1960.
“The members of the committee shall be jointly and severally responsible for all the decisions taken by the committee during its term relating to the business of the society. The members of the committee shall be jointly and severally responsible for all the acts and omissions detrimental to the interest of the society.”
Section 304A presupposes an act by persons (including a housing society – a juristic person) amounting to negligence. The society’s managing committee is responsible on behalf of the society for everything and Bye Law No 156 and 157 speak about maintenance of the property including the lift. These Bye Laws read as under:
“156. It shall be the responsibility of the Committee to maintain the property of the society in good condition at all times.
157. The Secretary of the society, on receipt of any complaints about the maintenance of the property of the society from any members of the society or on his own motion, shall inspect the property of the society from time to time and make the report to the Committee, bringing out the repairs, if any, considered necessary. The Committee shall consider the report made by the Secretary of the society and decide as to which of the repairs should be carried out.”
So in cases like the one we have just read about Chairmen and Secretary’s must be wondering as to how only the two of them are picked up. These two officials act with in the decision making of the managing committee and why they are singled out?
We will have to keep looking fr an answer to guide the office bearers and inspire them to keep their spirits high when such unfortunate things happen.
