Short Answer

The Gujarat Cooperative Societies Act, 1961 allows for redevelopment proposals to be initiated either by the existing committee or by a certain fraction of members.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 empowers the committee of a cooperative society to propose redevelopment. This means that the existing committee, duly elected by the members, has the authority to initiate redevelopment projects on behalf of the society. The committee must follow the procedures outlined in the Act and Rules for proposing and executing redevelopment plans. This provision ensures that decisions regarding redevelopment are made by the authorized representatives of the society, who are accountable to the members.

On the other hand, Rule 122 of the Gujarat Cooperative Societies Rules, 1965 specifies that a certain fraction of members can also propose redevelopment. This rule allows a specified percentage of members, as determined by the society's by-laws, to come together and put forth a redevelopment proposal. The rule ensures that a significant portion of the members support the redevelopment plan before it can be considered by the society. This provision safeguards the interests of all members and promotes democratic decision-making within the cooperative society.

Practical Examples

• Scenario 1: The existing committee of a cooperative housing society decides to propose redevelopment to address structural issues and enhance amenities for the members. They follow the procedures outlined in Section 63 of the Act, including obtaining necessary approvals and conducting member consultations.

• Scenario 2: A group of 1/3rd of the members of a cooperative society come together to propose redevelopment to modernize the society's infrastructure. They adhere to Rule 122 of the Rules, ensuring that their proposal is supported by a significant fraction of the members before presenting it to the committee.

Reference

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

• Rule 122 of the Gujarat Cooperative Societies Rules, 1965: Official PDF