Maharashtra redevelopment rules: New GR brings 51 per cent physical attendance, secret ballots, public tendering

Maharashtras September 30 redevelopment framework raises more questions than answers The overhaul introduces 51 per cent physical attendance secret ballots competitive tendering and registered accommodation agreements while tightening scrutiny of officebearers But will these safeguards prevent closeddoor negotiations developer influence and procedural manipulation mdash or merely add another layer of paperworkPrakash DarekarHousing federation gives cautious welcomePrakash Darekar chairman of the Maharashtra State Housing Federation said the federation was still examining the GR but welcomed some of its provisions ldquoWe are in the process of going through the fine print of the GR issued by the state We will support any such decision which is in the best interest of the common public We welcome certain decisions viz 51 per cent attendance video conference facility for senior citizens etcrdquoDarekar said residents could choose between developerled redevelopment and selfredevelopmentldquoThe state housing federation will soon be conducting meetings with cooperative societies and also have seminars to educate the masses and if we find some points in the GR are not in the larger interest of the common man we will bring to the notice of the state government and necessary amendments would be made in larger interest of common manrdquoNo official responseDeepak Taware Commissioner for Cooperation and Registrar of Cooperative Societies Maharashtra and S M Patil Divisional Joint Registrar Cooperation and Registrar of Cooperative Societies who headed the committee on redevelopment of societies were unavailable for commentExpert flags registrarrsquos roleRamesh PrabhuCA Ramesh Prabhu founderchairman of Maharashtra Societies Welfare Association MahaSEWAwelcomed compulsory public tendering and provisions allowing action against managing committee members for violationsldquoThe new GR has positives including compulsory tendering through public notice The latest GR also provides for action against managing committee members under Sections 78A and 79A 3 including dismissal and possible disqualification from contesting elections for the next termrdquoHowever Prabhu flagged concerns over the enhanced role of Deputy Registrars saying it could raise questions over cooperative autonomy He also pointed to the absence of a redevelopment web portal provisions on selfredevelopment and PMCarchitect empanelmentldquoIf transparency is the objective the entire process should be available online alongside physical proceedingsrdquoHe also questioned the lack of public consultation before the latest GRldquoIt is surprising that this is the third redevelopment GR without seeking public objections and suggestions The common man directly affected by redevelopment should have been taken into confidencerdquoWhat the new GR changesMember participationMembers unable to attend physically can participate online but at least 51 per cent of total members must be physically present at the Special General Body Meeting SGM Redevelopment approval requires a twothirds quorum and support from 51 of the total membership The SGM remains central to decisions on project reports tenders and developer selectionBefore tenderingThe architectPMC must assess the societyrsquos title conveyance member requirements development potential planning norms alternative schemes and project feasibility SGMapproved tenders must be publicly invited through widely circulated Marathi and English newspapers At least three bids are normally requiredChoosing the developerThe architectPMC must prepare a comparative statement covering biddersrsquo experience financial strength technical capacity reputation and commercial offer Developer selection must be videorecorded in the presence of an authorised officer A written demand by onefifth of the members triggers a secret ballotProtecting membersA registered Permanent Alternative Accommodation Agreement must be executed before members are asked to vacate The agreement must cover timelines transit rent corpus development rights and dispute resolution Members can inspect redevelopment notices minutes project reports tenders and comparative statements free of charge and obtain copies on prescribed chargesBank guaranteeThe GR does not prescribe a fixed percentage The General Body will decide the amount proportion and nature of the guarantee based on the projectAccountabilityCollusion fraud deception or conduct prejudicial to members may invite action under Sections 79A3 and 78A subject to statutory safeguards and due process