Here is a comprehensive and structured summary of the provided text regarding the revised guidelines for the redevelopment of cooperative housing societies in Maharashtra:
- Background and Purpose
- Issued by the Cooperation Department of the Government of Maharashtra under Section 79A of the Maharashtra Co-operative Societies Act, 1960.
- Aims to bring transparency, consistency, member participation, and protect members’ interests in redevelopment projects, superseding all previous orders and circulars from July 4, 2019, onwards.
- Addresses widespread complaints regarding unilateral committee decisions, lack of transparency in tenders, arbitrary developer appointments, and withholding of information from members.
- Initial Redevelopment Decision & Special General Meeting (SGM)
- Applicable to developer-led redevelopment, self-redevelopment, group redevelopment, etc. Only lawfully elected managing committees can initiate the process (not authorized officers or administrators).
- Upon receiving an application from at least 1/5th of the members, the secretary must convene an SGM within 2 months (with 14 days’ prior notice).
- Quorum & Voting: Requires a 2/3rd quorum of total members. The primary decision to redevelop must be approved by a majority of at least 51% of the total members (virtual attendance via video conferencing is permitted, but physical presence of at least 51% of total members is mandatory).
- Appointment of Project Management Consultant (PMC) / Architect
- The committee obtains quotations from at least 3 registered architects/PMCs from government/local authority panels, and one is selected in the SGM.
- Appointed professionals must survey the land/building, check conveyance, evaluate FSI/TDR, and submit a realistic project report within 2 months.
- Tender Process & Developer Selection
- Draft tenders (keeping either carpet area or corpus fund constant for competition) must be approved in an SGM before publishing in leading Marathi and English newspapers.
- Minimum of 3 competitive tenders are required; timeline extensions are provided if fewer than 3 are received.
- Developer selection must take place in an SGM conducted in the mandatory presence of an authorized representative/officer appointed by the Registrar (applied for within 14 days of proposal finalization).
- Selection requires the approval of at least 51% of total members present (physically or via VC). Voting can be done by a show of hands or secret ballot if demanded by 1/4th of the members.
- Agreements and Project Execution
- A formal agreement with the developer must be executed within 3 months, ensuring project completion within 2 years (or maximum 3 years in exceptional cases) from the plinth certificate.
- Mandates registered Permanent Alternative Accommodation Agreements (PAAA) under the Registration Act, 1908, along with transit rent/accommodation provisions and bank guarantees.
- Committee members, office bearers, or their relatives are strictly prohibited from being the developer or related to the developer.
- Group Redevelopment for Housing Federations
- Allows group redevelopment for societies under a housing federation, provided a 2/3rd quorum and 51% approval from constituent societies/members are met.
- Penalties for Non-Compliance
- Violation of these orders or fraudulent actions against members will render responsible office-bearers/committee members liable for action under Section 79A(3) / 78A of the Maharashtra Co-operative Societies Act, 1960.
The new circular will slow the redevelopment process. Changes need to be introduced regarding landlords, as they are the biggest source of obstruction in the “Paghdi” system.