Short Answer

Yes, damage caused by an earthquake or storm can trigger redevelopment rights under certain conditions.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 deals with the powers of a cooperative society to undertake repairs, reconstruction, or redevelopment of a building. This section empowers the society to carry out such activities for the benefit of its members. In case of damage due to a natural calamity like an earthquake or storm, the society can invoke this section to initiate redevelopment activities to restore the building to its original state or even improve it.

Rule 71 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines on the procedure for carrying out repairs, reconstruction, or redevelopment. The rule outlines the steps to be followed by the society, including obtaining necessary approvals, preparing estimates, and conducting general body meetings to seek approval from the members for the redevelopment process.

Real-world Scenarios

• Scenario 1: A cooperative housing society in Gujarat faces severe structural damage due to an earthquake. The managing committee decides to invoke Section 63 of the Act to undertake redevelopment of the building to ensure the safety and well-being of its members.

• Scenario 2: A cooperative society's commercial complex suffers extensive damage during a storm. The society follows the procedures outlined in Rule 71 of the Rules to obtain approvals and carry out the necessary repairs and reconstruction work.

Step-by-step process:

• Assess the extent of damage caused by the earthquake or storm.

• Consult with the managing committee to decide on invoking redevelopment rights.

• Follow the procedures outlined in Section 63 of the Act and Rule 71 of the Rules.

• Obtain necessary approvals from the members through general body meetings.

• Execute the redevelopment work with the help of authorized contractors and architects.

References

• Section 63 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 71 of the Gujarat Cooperative Societies Rules, 1965: Official PDF