The Maharashtra government has amended the Maharashtra Cooperative Societies Rules, 1961, introducing key changes to the redevelopment process for cooperative housing societies. The revised rules, notified on June 18, now allow society members to attend Special General Body Meetings (SGBMs) for redevelopment through video conferencing. However, while the presence of the Registrar’s representative and video recording of the meeting remain mandatory, obtaining a No Objection Certificate (NOC) from the Registrar is no longer required for selecting a developer.
According to Advocate Shirish V. Deshpande, Chairman, Mumbai Grahak Panchayat, the new provisions are contained in Rule 106C-13(3)(i) and (j) of the amended rules.
He explained that Rule 106C-13(3)(j) permits members to participate in redevelopment SGBMs through video conferencing. The rule also provides that the resolution to appoint a developer or contractor must be approved by at least 51% of the society’s total members, including those attending virtually. This amendment is expected to make it easier for societies to achieve member participation during redevelopment meetings.
However, Rule 106C-13(3)(i) continues to require a quorum of two-thirds of the total membership for the SGBM to commence. It also mandates that redevelopment meetings be held in the presence of the Registrar’s representative and be video recorded. A copy of the recording must be preserved by the society chairman, while another copy must be submitted to the office of the Assistant or Deputy Registrar.
Deshpande pointed out that the Registrar’s role is now limited to receiving a factual report from the representative after the meeting. The amended rules do not require any NOC from the Registrar, Deputy Registrar or Assistant Registrar for appointing a developer.
However, he cautioned that the revised rules contain conflicting provisions regarding quorum requirements for adjourned meetings. While one rule permits business to proceed without the prescribed quorum after adjournment, another requires the developer selection resolution to secure support from 51% of the total membership. He said these inconsistencies could lead to litigation and delays in redevelopment unless the government issues further clarifications.
Source: The Free Press Journal
