There is no provision for formation of any Redevelopment Committee as per the Government Circular dated 3rd Jan, 2009 as also 4th July, 2019 regarding the redevelopment of the Society’s property. Further, there is no such provision in the MCS Act, 1960 or in the MCS Rules, 1961 or in the Bye-laws of the Society. However, many Societies do constitute Redevelopment Committee who work under the guidance and the direction given by the Managing Committee or the General Body meeting. 

Since, the Redevelopment Committee is not responsible and accountable for any decision in the working of the Society, they also cannot be held accountable and responsible under the MCS Act for any default on their part. It is only the Managing Committee who are responsible and accountable for any default in discharging their duties relating to the redevelopment. Therefore, the constituting the Redevelopment Committee is not mandatory but recommended to assist the Managing Committee and ensure the transparency. 

The General Body has the power to decide the formation of the Redevelopment Committee. As also the selection of members, their duties and responsibilities, it is recommended that the members of the Redevelopment Committee should be selected amongst senior members of the Society having active interest in the Redevelopment of the Society considering their time availability. Associate members who are not the co-owners of flat cannot be selected for Redevelopment Committee as clarified by the Mumbai Housing Federation. The tenure of the Redevelopment Committee shall be as decided by the General Body. 

The General Body shall decide the powers/functions to be granted to the Redevelopment Committee and ensure that the project is being executed strictly according to the directives given in the Government Circular dated 3rd Jan, 2009 as also 4th July, 2019 regarding the Redevelopment of the Society. 

The Redevelopment Committee should meet the persons staying in nearby Societies which are redeveloped and seek their opinion, problems faced etc. The additional information such as their PMC, Developers and amenities provided, Corpus Fund, and Xerox copy of Development Agreement, Power of Attorney, Individual Agreement (PAAA), Work Contract Agreement executed with the PMC with the Society etc. should also be obtained. The feedback should be circulated to members for reference. 

The Redevelopment Committee should meet Office Bearers of nearby Societies who have successfully carried out Redevelopment Projects to understand the practical difficulties faced by them in completing redevelopment of their Society and precautions taken by them to resolves the catches etc. 

The Redevelopment Committee to prepare the list of the prospective PMCs, contact them, request them to submit their profile, study their websites, review their functioning, conduct site visits, obtain job wise quotations etc and shortlist about 5 PMCs of which 3 PMCs should be recommended to the Managing Committee. 

The Redevelopment Committee to take all the necessary actions for holding Society’s SGBM, assist for Booking of Hall, Seating arrangement, Mike, Arrangement of Presentation by PMCs, Video shooting, Photographer etc. 

On recommendation of General Body, a member of the Redevelopment Committee or the entire Redevelopment Committee can be terminated if their actions are detrimental of the interests of the Society/obstructing the working of the Managing Committee in carrying out Redevelopment. 

* The following responsibilities are to be entrusted to the Redevelopment Committee in case the decision is taken for redevelopment in the SGBM and Redevelopment Committee is appointed for the entire project. 

* To study the Directives issued by the Govt. of Maharashtra on dated 03-01-2009 and 04-07-2019 under Sect.79A of MCS Act, 1960 regarding the Process of Redevelopment and to ensure that the project is being executed strictly in its Letter & Spirit of the said Directives.

* To prepare minutes of every Meeting of the Redevelopment Committee, Meeting with PMC/Developers/Advocates etc. The minutes should be placed before the Members of the Managing Committee.

* To scrutinize the information, reports etc. received in respect of Redevelopment from any authorities including MCGM, PMC, and Developers etc.

* To keep in touch with Members of the Managing Committee and convey the feedback of redevelopment progress to them.

* To review the Drafts of various agreements such as MOU, DA, POA, PAAA etc., duly received from the Advocates of the Developers to be executed by the Society.

* To ensure that the Building Material are properly stored and used as per the Inward/Outward Register maintained.

* To confirm that various tests suggested by the Structural Engineer are being carried out as per schedule and to take corrective action in case of any default.

* To watch the ‘back up’ regularly, if CCTVs are installed at the site and visit the site regularly to keep track of construction activities.

* To observe that the instructions given by PMC, Architect are being followed by Developer’s Engineers and working staff.

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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