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Last updated on October 11th, 2024 at 01:03 am
During the process of the Redevelopment of the Housing Society, the Members are worried about their financial losses for which they presume that the Society’s Redevelopment Committee (RDC) is responsible, regarding which we analyze the facts here.
As per Shri Dilip Shah who is a Senior Counsellor & Analyst for the Redevelopment of Housing Societies, the Society’s Redevelopment Committee carries no accountability. He has furthermore clarified that:
As per the Government Directives dated 4th July 2019, & 3rd January 2009, regarding the redevelopment of society’s property,
There Exists No Legal Provision Whatsoever, for the formation of any kind of Redevelopment Committee.
Moreover, there exists no such provision in the MCS Rules 1962 or the MCS Act 1961, and even the Bye-Laws of the Society.
Formation Of Redevelopment Committee / New Rules For Redevelopment Of Society 2024
Although without any existing provision, many societies do form a Redevelopment Committee, which works under the direction and guidance of the Managing Committee and the General Body of the Society.
Whenever any such Sub-Committee has to be appointed, the Managing Committee (MC) is supposed to create a set of rules, regulations, and procedures for the functioning of such Sub-Committees.
The basic duties and responsibilities of the RDC are nothing else but to aid and assist the Managing Committee in the entire process of redevelopment.
The rules & regulations of the Redevelopment Committee / Sub-Committee should normally include the following points:
In which manner will the committee be constituted by the General Body of the Cooperative Housing Society?
The number of Members to be selected.
Whether Members will be representing any particular building as such or otherwise.
Whether Members of The Managing Committee to be a part of the RDC.
The responsibilities of such a RDC.
Recording the minutes of each and every meeting of the RDC.
The term and dissolution of The Redevelopment Committee.
Once the above draft of the above rules & regulations is prepared by the Managing Committee, it has to be first approved by the Special General Body Meeting (SGM) of the Society, after which the General Body of Society in the same meeting can proceed to constitute the Redevelopment Committee in the same Special General Body Meeting for Redevelopment of Housing Society.
It is the lawful duty of all the Members of the Redevelopment Committee severally as well as jointly to cooperate with the Managing Committee of the Society as the Redevelopment Committee is not a statutory body.
They should strictly avoid any kind of rift with the Managing Committee of the Society.
Lawfully, the RDC is supposed to report to the Managing Committee of the Society about each and every matter, problem, solution, and decision, and the same can be discussed in the General Body Meetings if so found necessary and relevant by the Managing Committee.
The Redevelopment Committee cannot in any way deal directly with the Society Members or bring any matters directly before/in the General Body Meeting.
The Minimum Quorum of 2/3rd of the Entire Society Members is required to be personally present in the Special General Body Meeting (SGM), to select a Redevelopment Committee (RDC) for the Redevelopment of Housing Society.
Second Redevelopment Committee
It is important to note that Once such an RDC has been formed, there exists no provision whatsoever for the formation of another RDC, by the General Body, in the By-Laws of the Society, The Maharashtra Cooperative Societies Act and any rules.
Moreover, The Maharashtra Cooperative Societies Act and any rules, Bye-Laws of the Society, etc., do not contain any such provision for changing or amending the constitution, reconstituting or reforming the Existing RDC, In any manner whatsoever.
Change In Redevelopment Committee
In case any Society Member ceases to be a Member of the Society of the RDC and the place in the RDC falls vacant, in this given situation, the General Body may fill in that vacant position in the RDC only if it finds the same necessary.
Empowered RDC Or Empowered Sub-Redevelopment Committee
Any RDC has to work under the direction of the Managing Committee of the Society and within the framework of the existing legal framework, and it cannot by the Managing Committee and General Body of the Society at large.
There is no scope or provision for having any Empowered RDC or Empowered Sub-Committee, in The Maharashtra Cooperative Housing Society Act, Rules and Bye-Laws of Cooperative Housing Society.
The Details of the Powers, Functions, Duties, Responsibilities, Accountability & Scope of work of the work of RDC hav been provided herein below in a detailed and comprehensive manner and form.
[Also Read: Real Estate Redevelopment 2024: Avoid Delays & Hurdles In Society Redevelopment Process]
RDC Responsibilities And Accountability For Redevelopment of Housing Society
Since such a Redevelopment Committee is not at all accountable nor responsible for any of the decisions in the working of the Society, such an RDC cannot at all be held responsible or accountable for anything vide any of the provisions of the MCS Act.
It is only the Society’s Managing Committee that can be held accountable or responsible vide the provisions of the MCS Act.
The Managing Committee is responsible for the discharge of its duties regarding the redevelopment of society and is held accountable for any default.
The RDC, although not mandatory, is formed by the General Body only to assist the Managing Committee and help in managing transparency.
The General Body has the jurisdiction, power & authority to decide upon the formation of the RDC and its necessity if any.
Redevelopment Committee Members Selection And Duties For Redevelopment of Housing Society
It is always recommended & preferred to select the senior members of the society who have an active interest in the RDC of the Society considering factors like their time availability.
As per clarification issued by the Mumbai Housing Federation, the Associate Members not being the co-owners of Flat cannot be selected for any position on the Redevelopment Committee for Redevelopment of Housing Society.
The Tenure of the RDC has to be decided by the General Body of the Society.
[Also Read: Safety Guidelines In Society Redevelopment – Building Redevelopment Process]
RDC Powers, Functions, And Scope Of Work
The General Body of the Society has the authority to decide upon the temporary powers and functions to be allotted to the RDC and ensure that the Redevelopment of the Housing Society is being done in consonance with the directives issued by the Government vide their Circular dated 4th July 2019 & 3rd January 2009.
The RDC is supposed to get in contact and personally meet the persons residing in the Redeveloped Societies in their local vicinity and collect their feedback, and opinions regarding the problems faced by them, during the process of their Redevelopment.
They should obtain the details about their Amenities provided, Developers, PMC, Corpus Fund, Transit Accommodation Rent provided, Work Contract Agreement with PMC, Copy of Permanent Alternative Accommodation Agreement (PAAA) – Individual Agreement, Power of Attorney, Power of Attorney etc.
They should meet the Office Bearers of the Successful Redevelopment Projects in the vicinity to know and understand the issues and hurdles faced by their Societies during the process of Redevelopment.
The Redevelopment Committee is supposed to prepare a list of interested as well as prospective PMCs, get in touch with them, interact with them to submit their profiles, analyze their websites, check and verify their functioning, do site visits, procure job-wise quotations, shortlist around 5 PMC, and recommend 3 Best PMCs to the Managing Committee.
[Also Read: Revealed: RERA Carpet Area, MOFA Carpet Area, Super Built Up Area In Redevelopment]
The RDC is supposed to take all actions in arranging the Society’s SGMBs, assisting in Booking of Halls, Seating arrangements, Arrangement of Presentation by PMCs, Video Shooting, and Photographer, etc., but they cannot decide the dates as well as Agenda of any of the Meetings.
None of the Members of the Redevelopment Committee shall have any signing authority to execute and/or sign any document related to the Redevelopment of Housing Society.
Redevelopment Committee and/or any Member of the Redevelopment is not permitted to deal in any manner whatsoever directly with the Developer, until and unless Officially authorized/directed by the Managing Committee in writing and accompanied by the designated Member of the Managing Committee as with regard to the same.
Here it is very important to note that the RDC of a Housing Society, does not have any major or important duty or duties whatsoever after the Selection of the Developer till the actual start of the Construction work for the Redevelopment of the Cooperative Housing Society.
Importantly, any member of the RDC or the entire RDC can be terminated on the Recommendation of the General Body of Society, if any of their actions are detrimental to the interests of the Society and/or found obstructing the Managing Committee in carrying out the Redevelopment Process of Society.
Responsibilities Of Redevelopment Committee In Redevelopment
The following responsibilities can be entrusted to the RDC in case of Redevelopment of Society
To study the Directives issued by the Government of Maharashtra dated 4.7.2019 and 3,1,2009, regarding the redevelopment process, and ensure their implementation.
Preparation of the Minutes of every meeting of the RDC, Meetings with Consultants, Advocates, PMCs, Developers, etc. and submit them to place before the Managing Committee.
Also Read: Carpet Area Vs Built Up Area In Booming Real Estate Development & Redevelopment Process
[Also Read: Carpet Area Vs Built Up Area In Booming Real Estate Development & Redevelopment Process]
To scrutinize the reports and information received from any authorities as well as the Municipal Authorities, Developers, PMC, etc.
To stay in touch with the Managing Committee of the Society regularly and regularly inform & brief them the feedback about the status and progress of Redevelopment work.
To analyze the drafts of documents like Memorandum of Understanding (MOU), Development Agreement (DA), Power of Attorney (POA), Permanent Alternative Accommodation Agreement (PAAA), etc., without creating any confusion and without any power to direct anybody.
To ensure the usage of construction material is entered into the Inward and Outward Registered as well as its proper storage.
To ensure and confirm the execution of various timely tests by the structural engineers and to take corrective measures in case of any default.
To review the CCTV video backups during the Redevelopment construction period and conduct regular site visits to keep track of construction activities.
To maintain a watch for the observation that the instructions issued by PMC are being implemented by the Developer’s Engineers or Personnel.
[Also Read: Mumbai Real Estate Market Huge Jump By 8% In August 2024]
Conclusion
The Redevelopment Committee is neither answerable, nor responsible, or accountable as with regard to the Redevelopment of Society, in any manner whatsoever.
The Redevelopment Committee is just a Sub-Committee consisting of Society Members selected by the General Body of the Society, to help, aid, and assist the Managing Committee in the discharge of their functions for the Redevelopment of the Society.
Therefore here it is clear that the RDC is not in any manner whatsoever directly connected with the financial safety/losses and safety of Flats of the Members, as the Managing Committee is the authority which is accountable and responsible to the Members of a Cooperative Housing Society.
Your FAQs Answered Here:
What is the rule of redevelopment in Mumbai?
Redevelopment in Mumbai is governed by specific guidelines to ensure transparency and benefit for all stakeholders. Here are the important key steps and rules:
Society Committee Formation: The housing society forms a committee to oversee the redevelopment process.
Project Management Consultant (PMC): The committee appoints a PMC to guide them, prepare documents, and obtain necessary permissions.
Feasibility Study: A feasibility study assesses the project’s viability, including financial aspects and potential benefits.
Member Consent: At least 75% of society members must consent to the redevelopment project.
Proposal Submission: The proposal is submitted to relevant authorities for approval.
Execution: Upon approval, the committee invites tenders, selects a developer, and begins the redevelopment.
Recent changes include:
Reduced Approval Threshold: For categories like MHADA colonies, the required majority vote is reduced from 75% to 51%.
Enhanced Transparency and Security: New measures ensure greater transparency and security in the process.
Self-Redevelopment Option: Societies can opt for self-redevelopment under MHADA’s supervision.
These steps streamline the entire redevelopment process and aim to highly improve the living conditions in Mumbai.
