Short Notes: Maharashtra Government Order on Redevelopment of Co-operative Housing Societies (30 September 2026)

Government Order dated 30 September 2026

 

Redevelopment G.R.

30-09-2026 Redevelopment Govt Circular English-Marathi

Short Notes: Maharashtra Government Order on Redevelopment of Co-operative Housing Societies (30 September 2026)

Government Order dated 30 September 2026

  1. Purpose of the Government Order
  • Issued under Section 79A of the Maharashtra Co-operative Societies Act, 1960.
  • Replaces the Government Resolution dated 4 July 2019 and subsequent circulars.
  • Aims to ensure transparency, uniformity and member participation in redevelopment.
  1. Applicability
  • Applies to developer-led redevelopment, self-redevelopment, group redevelopment and cluster redevelopment.
  • The prescribed procedures for appointing developers also apply to contractors in self-redevelopment.
  1. Eligibility for Redevelopment
  • The building must be declared dilapidated, ruinous, unsafe or dangerous by the competent authority.
  • The society must be eligible under the applicable Development Control Regulations.
  1. Authority to Decide
  • Only a duly elected and legally constituted managing committee can initiate redevelopment decisions.
  • An administrator or authorised officer appointed by the Registrar cannot take the redevelopment decision.
  1. Special General Meeting (SGM)
  • At least one-fifth of the society’s members can request an SGM.
  • The SGM must be convened within two months of the application.
  • Members must receive 14 days’ advance notice.
  • A minimum of three architects or project management consultants must be invited to submit quotations.
  1. Quorum and Approval
  • The quorum for the redevelopment SGM is two-thirds of the total membership.
  • Redevelopment requires approval from at least 51% of the total members.
  • Eligible members may attend through video conferencing, subject to the requirement that at least 51% of total members are physically present.
  • If quorum is not achieved at the adjourned meeting, the proposal cannot be reconsidered for three months.
  1. Appointment of Architect/PMC
  • The SGM selects an architect or project management consultant.
  • The appointment letter must be issued within 30 days.
  • The architect/PMC must prepare the project report within two months of appointment.
  1. Project Report and Tender Process
  • The project report must include carpet area, commercial space, parking, open space and construction specifications.
  • Members must be given an opportunity to submit suggestions.
  • The tender draft requires SGM approval.
  • Public tenders must be invited through Marathi and English newspapers with the largest local circulation.
  • At least three tenders should be obtained, with prescribed extensions if fewer are received.
  1. Selection of Developer
  • The developer must be selected at an SGM in the presence of a Registrar-appointed authorised officer.
  • The quorum is two-thirds of total membership.
  • Approval of at least 51% of total members is required.
  • Voting may be by show of hands or secret ballot if requested in writing by one-fifth of total members.
  • The meeting must be video-recorded.
  1. Transparency and Documentation
  • Members have the right to inspect redevelopment documents free of charge.
  • Copies must be provided on payment of the prescribed fee.
  • Meeting notices and minutes must be submitted to the Registrar within 14 days.
  • Video recordings and relevant documents must be preserved.
  1. Development Agreement
  • The agreement with the developer must be executed within three months.
  • The construction period should not exceed two years, or three years in exceptional circumstances.
  • Bank guarantees must be decided by the general meeting.
  • Alternative accommodation, rent or transit accommodation must be arranged for members.
  • The development agreement and individual Permanent Alternative Accommodation Agreements must be registered.
  • Development rights given to the developer are non-transferable.
  1. Protection of Members
  • Members should vacate only after all legal approvals are obtained and their permanent alternative accommodation agreements are registered.
  • Carpet area must be clearly specified in the agreement.
  • Existing possession rights must remain unaffected.
  • New flat owners’ membership applications must be decided within three months of project completion or possession.
  1. Allotment of Flats
  • Flat allotment must be decided at an SGM with 14 days’ notice.
  • Approval of at least 51% of total members is required.
  • Flats should, as far as possible, be allotted floor-wise according to existing positions.
  • If a lottery is necessary, it should be conducted after construction is complete.
  • The allotment meeting must be video-recorded.
  1. Group Redevelopment
  • Group redevelopment may be undertaken through a housing federation that owns the land and common areas.
  • A two-thirds quorum and at least 51% approval are required for the preliminary decision.
  • The prescribed individual society approval and consent requirements must also be fulfilled.
  1. Penalties for Violations

– Office-bearers and committee members responsible for violations, deception or misappropriation may face action under Sections 79A(3) and 78A of the Maharashtra Co-operative Societies Act, 1960.

Key takeaway: The order establishes procedures for member approval, transparent tendering, developer selection, documentation and protection of members’ rights throughout redevelopment.

  1. Purpose of the Government Order
  • Issued under Section 79A of the Maharashtra Co-operative Societies Act, 1960.
  • Replaces the Government Resolution dated 4 July 2019 and subsequent circulars.
  • Aims to ensure transparency, uniformity and member participation in redevelopment.
  1. Applicability
  • Applies to developer-led redevelopment, self-redevelopment, group redevelopment and cluster redevelopment.
  • The prescribed procedures for appointing developers also apply to contractors in self-redevelopment.
  1. Eligibility for Redevelopment
  • The building must be declared dilapidated, ruinous, unsafe or dangerous by the competent authority.
  • The society must be eligible under the applicable Development Control Regulations.
  1. Authority to Decide
  • Only a duly elected and legally constituted managing committee can initiate redevelopment decisions.
  • An administrator or authorised officer appointed by the Registrar cannot take the redevelopment decision.
  1. Special General Meeting (SGM)
  • At least one-fifth of the society’s members can request an SGM.
  • The SGM must be convened within two months of the application.
  • Members must receive 14 days’ advance notice.
  • A minimum of three architects or project management consultants must be invited to submit quotations.
  1. Quorum and Approval
  • The quorum for the redevelopment SGM is two-thirds of the total membership.
  • Redevelopment requires approval from at least 51% of the total members.
  • Eligible members may attend through video conferencing, subject to the requirement that at least 51% of total members are physically present.
  • If quorum is not achieved at the adjourned meeting, the proposal cannot be reconsidered for three months.
  1. Appointment of Architect/PMC
  • The SGM selects an architect or project management consultant.
  • The appointment letter must be issued within 30 days.
  • The architect/PMC must prepare the project report within two months of appointment.
  1. Project Report and Tender Process
  • The project report must include carpet area, commercial space, parking, open space and construction specifications.
  • Members must be given an opportunity to submit suggestions.
  • The tender draft requires SGM approval.
  • Public tenders must be invited through Marathi and English newspapers with the largest local circulation.
  • At least three tenders should be obtained, with prescribed extensions if fewer are received.
  1. Selection of Developer
  • The developer must be selected at an SGM in the presence of a Registrar-appointed authorised officer.
  • The quorum is two-thirds of total membership.
  • Approval of at least 51% of total members is required.
  • Voting may be by show of hands or secret ballot if requested in writing by one-fifth of total members.
  • The meeting must be video-recorded.
  1. Transparency and Documentation
  • Members have the right to inspect redevelopment documents free of charge.
  • Copies must be provided on payment of the prescribed fee.
  • Meeting notices and minutes must be submitted to the Registrar within 14 days.
  • Video recordings and relevant documents must be preserved.
  1. Development Agreement
  • The agreement with the developer must be executed within three months.
  • The construction period should not exceed two years, or three years in exceptional circumstances.
  • Bank guarantees must be decided by the general meeting.
  • Alternative accommodation, rent or transit accommodation must be arranged for members.
  • The development agreement and individual Permanent Alternative Accommodation Agreements must be registered.
  • Development rights given to the developer are non-transferable.
  1. Protection of Members
  • Members should vacate only after all legal approvals are obtained and their permanent alternative accommodation agreements are registered.
  • Carpet area must be clearly specified in the agreement.
  • Existing possession rights must remain unaffected.
  • New flat owners’ membership applications must be decided within three months of project completion or possession.
  1. Allotment of Flats
  • Flat allotment must be decided at an SGM with 14 days’ notice.
  • Approval of at least 51% of total members is required.
  • Flats should, as far as possible, be allotted floor-wise according to existing positions.
  • If a lottery is necessary, it should be conducted after construction is complete.
  • The allotment meeting must be video-recorded.
  1. Group Redevelopment
  • Group redevelopment may be undertaken through a housing federation that owns the land and common areas.
  • A two-thirds quorum and at least 51% approval are required for the preliminary decision.
  • The prescribed individual society approval and consent requirements must also be fulfilled.
  1. Penalties for Violations

– Office-bearers and committee members responsible for violations, deception or misappropriation may face action under Sections 79A(3) and 78A of the Maharashtra Co-operative Societies Act, 1960.

Key takeaway: The order establishes procedures for member approval, transparent tendering, developer selection, documentation and protection of members’ rights throughout redevelopment.

Redevelopment G.R.