CONSTITUTION OF REDEVELOPMENT COMMMITTEE
It is important for the Housing Societies to know the formation of any Sub-Committee like Redevelopment Committee while opting to go for redevelopment.
Whenever a Redevelopment Committee or Sub-Committee is appointed, the Managing Committee has to prepare a set of Rules and Regulations for the functioning of such Committees. The Duties and Functions of the Redevelopment Committee are to assist the Managing Committee during the entire process of redevelopment.
The Rules and Regulations of the Sub-Committee normally should consist of the following points:–
A Member may be expelled from the Membership of the Society, if such Member:
* The acts of the Member are detrimental to the interest or proper working of the Society
* Has persistently failed to pay the charges, dues to the Society
* Has willfully deceived the Society by giving false information,
* Has used his flat for immoral purposes or misused it for illegal purposes habitually,
* How the Committee will be constituted by General Body or by conducting the election.
* How many Members will be selected.
* Representation of Member whether wing-wise or floor wise
* What are the responsibilities of such Redevelopment Committee.
* Whom the Redevelopment Committee will report to.
* Frequency of Meetings of the Redevelopment committee.
* Recording of Minutes of the Meetings .
* Whether the Redevelopment Committee gets dissolved on the dissolution or on the expiry of the term of the Managing Committee or to continue till the redevelopment is completed.
Once the Draft Rules and Regulations of the Redevelopment Committee are prepared, the same should be sent to all the Members of the Society including the Registrar of Cooperative Societies. Get the same approved in the specially called General Body Meeting and then constitute the Committee as per the Rules.
There must be maximum harmony and co-operation amongst the Members of the Managing Committee, Redevelopment Committee and the resident Members of the Society. Any sort of rift between the two Committees should be avoided. Legally and ideally the Redevelopment committee should report to the Managing Committee and all the matters, problems, solutions and decisions should be discussed in the General Body meeting.
Redevelopment committee directly dealing with Members or bringing the matter directly in the General body is not desirable at all and is not legally correct. For all legal purposes, it is the elected Managing Committee who is held responsible and accountable and not the Redevelopment Committee and therefore, there is no mention about the constitution of the Redevelopment Committee in the Government Order dated 3.1.2009 issued for the purpose of redevelopment process to be adopted by the Housing Societies.
It must be ensured that none of the Members of the Managing Committee should be a Member of the Redevelopment Committee as also neither the Members of the Redevelopment Committee shall have any signing powers or an authority to execute any document relating to the redevelopment of Society nor should be permitted to deal with the Developers directly unless accompanied or permitted by the Managing Committee.
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