Short Answer

The redevelopment process in cooperative societies is overseen by the managing committee or the board of directors. Members can seek outside legal help for guidance and representation in matters related to redevelopment.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 empowers the managing committee or the board of directors to oversee the redevelopment process in cooperative societies. This section outlines the responsibilities and powers of the managing committee in managing the affairs of the society, including decisions related to redevelopment projects. In practice, the managing committee plays a crucial role in initiating, planning, and executing redevelopment projects, ensuring compliance with legal requirements and safeguarding the interests of the members.

On the other hand, Rule 123 of the Gujarat Cooperative Societies Rules, 1965 allows members to seek outside legal help for guidance and representation in matters related to redevelopment. This rule recognizes the complex nature of redevelopment projects and the potential legal issues that may arise during the process. Members can engage legal experts to review redevelopment agreements, negotiate terms with developers, and protect their rights and interests throughout the redevelopment process.

Practical Examples

• Scenario 1: A cooperative society in Gujarat decides to undertake a redevelopment project to renovate its old building. The managing committee, as per Section 63 of the Act, takes charge of appointing a developer, obtaining necessary approvals, and overseeing the construction process.

• Scenario 2: During the redevelopment process, some members raise concerns about the quality of construction and the terms of the redevelopment agreement. They decide to hire a legal advisor, in accordance with Rule 123 of the Rules, to review the agreement and ensure their rights are protected.

• Scenario 3: In a dispute with the developer over delays in the redevelopment project, members seek legal representation to negotiate a resolution and protect their interests, as permitted under Rule 123.

References

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

• Rule 123 of the Gujarat Cooperative Societies Rules, 1965: Official PDF