Redevelopment and Structural Repairs
Can society members force a partial redevelopment (like just strengthening columns)?
Written By: GatePal Analyst
Last Updated on
Short Answer
Yes, society members can force a partial redevelopment such as strengthening columns under certain conditions.
Detailed Explanation
Section 63 of the Gujarat Cooperative Societies Act, 1961 empowers the society to carry out repairs or redevelopment of the building. This means that if the society members collectively decide to undertake partial redevelopment, like strengthening columns, they can do so by following the procedures laid down in the Act. The decision to go for partial redevelopment should be taken through a resolution passed in a general body meeting with the required majority as per the Act and Rules.
Furthermore, Rule 67 of the Gujarat Cooperative Societies Rules, 1965 provides the detailed procedure for carrying out repairs or redevelopment. It mandates that any decision related to structural repairs or redevelopment should be taken by the general body meeting of the society with proper notice and quorum. The rule also specifies the process for obtaining estimates, approval of plans, and execution of the work.
In practice, society members can initiate the process by proposing the idea of partial redevelopment in a general body meeting. They need to discuss the scope of work, estimated costs, and benefits of the redevelopment. Once the resolution is passed with the required majority, the society can proceed with appointing a contractor, obtaining necessary approvals, and executing the work as per the approved plans.
Practical Examples
Scenario 1: A society in Gujarat notices structural issues with the columns of their building. After consultation with experts, the members decide to strengthen the columns through partial redevelopment. A resolution is passed in a general body meeting, and the necessary steps are taken to carry out the work.
Scenario 2: Another society faces similar issues with their building's columns. However, due to financial constraints, they decide to undertake partial redevelopment in phases. The process is initiated with the approval of the general body meeting.
Reference
Gujarat Cooperative Societies Act, 1961: Section 63
Gujarat Cooperative Societies Rules, 1965: Rule 67
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