79(A) of the MCS Act 1960

Gist of circular dated 03-01-2009 issued by the chief secretary, co-operative and marketing as per section 79(A) of the MCS Act 1960

Note 1: As per section 79 (A) the state government can issue directions and societies are bound to comply with such directions. As per section 79 (A)(3) the registrar can take the action against those persons who are responsible to comply with the directions have failed to do so without any good reason or justification and such actions can be by removal of such person (if he is a committee member) from the committee and appoint any other member as committee member in the place and such disqualified member will be disqualifies for 6 years.

Note 2: Some of the wordings are taken verbatim from the English translation of the circular. 

1.  At least 1/4th of the members should make a formal request/suggestion for redevelopment.
   
2.  Within eight days of receiving such suggestion/request, a managing committee meeting should be held for the purpose of calling for a Special General Body Meeting
3. Fourteen day notice/agenda for the Special General Body Meeting should be circulated to all members and acknowledgement of the same should be recorded in the office of the society
4. Five architects/PMCs that are either on the “Government Panel” or “Panel of the local authority” should be short-listed for preparing project report. The architect/PMCs should give quotations of their charges. Members can also suggest, at least eight days prior to the meeting, names)along with quotations) of the architects/PMCs, as also suggestions, recommendations for the redevelopment.
5. The quorum for the Special General Body Meeting should be 3/4th of the total number of members. If the quorum is not available, the meeting should be adjourned for eight days. If at the adjourned meeting, the quorum is not available, the meeting will stand cancelled and it will be assumed that members are not interested in re-development.
6. At the Special General Body Meeting, the re-development project will be considered and views expressed by the members will be recorded. Thereafter, at least 3/4th of the quorum should approve the re-development project, after which the architects/
7. Within ten days of PMC should be appointed as per terms approved by the Special General Body Meeting, the secretary should circulate one copy each of the minutes of the meeting, obtain the member’s acknowledgement and file the same in the office of the society, with one copy forwarded to the Registrar.
8. Within fifteen days of the Special General Body Meeting, an appointment letter should be given to the architect/PMC and the agreement entered into as per the terms and conditions decided by the Special General Body Meeting. This scope of work initially for the architect/PMC shall be (a) to survey the land and building f the society (b) to get the details of the conveyance(c) to record the FSI of the plot available for the development and TDR/FSI that can be loaded taking into consideration the DC Regulations and other applicable law (d) to prepare workable/practical project report taking into consideration the recommendations/suggestions of the members, the areas of the new flats to be made available to the members, commercial area, vacant area, space for garden, parking, building specifications, etc. Within two months of date of appointment of the architect/PMC, his project report should be submitted to the committee.
9.  On receiving the report, a Special General Body Meeting should be convened for approval thereof by a majority vote in the presence of the architect/PMC. Eight days prior to the meeting, the notice/agenda of such meeting should be circulated and acknowledgements which should mention that the project report are available for inspection at the Society’s office. Acknowledgement of receipt of the notice by members should be filed in Society’s office. A copy of the notice should also be fixed on the notice board.
10. Suggestions of the members, at least seven days prior to the meeting, should be sent to the architect/PMC for his consideration.
11. After considering suggestion/recommendations of the members and the views of the Architect/PMC on the Project Report, the Project report should be approved by a majority vote.
12. Wherever required, modification will be incorporated and a draft of the tender will be prepared thereafter and a date, time and the place of the joint meeting to be held.
13. The architect/PC should invite competitive bidding from reputed expert and experienced developers and at the time of floating members, either the carpet area or the corpus fund will be kept constant. The society members can also inform reputed developers of the tenders.
14. A list of the tenders received should be displayed on the notice board on the last date given for receipt of the tenders.
15. A managing committee should be held within fifteen days from the last date of receipt of the tenders. The tender or their authorized representatives and interested members of the society should be present at the meeting. The tenders should be opened in the presence of all present and a comparative chart should be prepared by PMC. Based on credibility, reputation, experience and competitive rates, five or less than five should be short listed and the tenders informed immediately.
16. The society should submit its application along with the list of members to the Registrar for appointment of an officer for attending a Special General Body Meeting
17. Within one month of the registrar appointing a competent officer, a Special General Body Meeting should be convened after taking the prior appointment of the competent officer.
18. A fourteen days notice of such meeting should be circulated (hand delivered or regd post AD) and acknowledgements of receipt of the notice should be filed in the society’s office.
19. The quorum for the Special General Body Meeting should be 3/4th of the total number of members. If the quorum is not available, the meeting should be adjourned for eight days. If at the adjourned meeting, the quorum is not available, the meeting will stand cancelled and it will be assumed that members are not interested in re-development and the matter cannot be taken up for one year.
20. Only authorized members will be allowed at the meeting. The members should carry their photo identities for verification. The short0listed tenderers or their representatives should also be present at the meeting. The meeting should be video-recorded at society’s cost. At such meeting, comparative information of the short-listed developers and their tenders will be presented as well as the contents of bids made by the tenderers. One developer will be selected )by ¾ majority of the members present at the meeting) and the terms and conditions finalized/tender finalized and his consent obtained. If the selected developer is not present, it will be assumed that he has consented to the project.
21. Within one month of the date of such meeting, the society should sign a Development Agreement with the developer.
22. No committee member or office bearer should be developer or related to him
23. The approved plans should be presented at the General Body Meeting of the members and copies to be furnished to such members who request the same.