Guidelines for the redevelopment of buildings belonging to Trusts.

In view thereof, under CC directions:-

The following directions shall be treated as the directions for the re-development of
buildings belonging to Trusts:-

1] Demand/Requisition for convening the Special General Meeting for the

redevelopment of Trust building:-
It will be essential that not less than minimum 1/4th Tenants of the Trust, where buildings
are to be re-developed, should submit an application addressed to the Secretary of the
Managing Committee of the Trust duly elected and
Constituted as per the Bye-laws and law, for convening the Special General Meeting of
the Trust for deciding the policy in the matter of re-development of buildings belonging to
the Trust, together with their schemes and suggestions about re-development of the
buildings.

2] Convening of Special General Meeting:-

As per Direction No. 1 above, the Managing Committee meeting shall take note of the
application within eight days of the receipt of application and the Secretary of the Trust
shall convene a General Meeting of all the Tenants of Trust within a month. The agenda
of the meeting should be circulated to each member of the Trust fourteen days in advance
and the acknowledgment thereof should be kept in the office of Trust.
Before convening such meeting, committee of the Trust shall obtain a list of the
Architects/Project Management Consultants on the panels of Government/Local Authority
and shall invite quotations from minimum 5 experienced experts for the
Preparation of Project Report/Project concerning the re-development of building and of
these one expert shall be appointed at the Special General Meeting.

Following topic-wise business shall be transacted in the Special General Meeting.

1. To take a preliminary decision on the re-development of Trust building after taking into
consideration the requisition/demand of Tenants as well as the suggestions received.

2. To appoint an experienced Architect/Project Management Consultant with sufficient

expertise from the panel of Government/Local Authority in the matter of re-development
work of the building and to fix the terms/conditions and the aspects of their work.

3. To present an outline of the programme of building re-development. Accepting written

suggestions of the Tenants regarding building re-development:- Tenants of the Trust can
present their realistic schemes, suggestions and recommendations regarding the re-
development of Trust building as well as the names of experienced Architects/project
Management Consultants within their knowledge to the committee of Trust in writing, eight
days prior to the date of meeting. However, they must present the letters indicating
willingness of such Architects/Project Management Consultants to undertake the work of
re-development.
4] Decision to be taken in the Special General Meeting:-
Special General Meeting convened for the re-development of building belonging to Co-
operative Housing Trust shall have the quorum of 3/4th of the total strength of Tenants.
For non-fulfillment of quorum, the meeting shall be adjourned for the next Eight days and
if the said meeting too lacks the quorum, it shall be assumed that the Tenants are not
interested in the redevelopment of Trust building and the meeting be accordingly called
off.

On the fulfilment of quorum, all the suggestions, recommendations and objections put up
by the Tenants regarding the redevelopment of Trust shall be taken into consideration
and the opinions expressed by all the Tenants in this regard shall be
Recorded in the Minutes of the meeting with their individual names. Thereafter, a
preliminary decision as to whether the building of Trust should be re-developed or not,
shall be sanctioned by a majority vote of more than 3/4th Tenants present. After the
Preliminary resolution regarding re-development is passed, following business shall be
transacted in the meeting:-

(a) To appoint an experienced Architect/Project Management Consultant having sufficient

expertise from the Panel constituted by the Government/Local Authority for facilitating the
re-development of building and fixing the aspects of their work and terms and conditions
thereof.

(b) To present an outline of the Programme concerning the re-development of building.

5] Circulation of Minutes of meeting to all Tenants:-

Secretary of the Trust shall prepare minutes of the Special General Meeting and circulate
a copy thereof to all Tenants within ten days and keep an acknowledgment thereof in the
office. Moreover, a copy shall be sent to the office of Registrar.

6] Appointment Letter to Architect/Project Management Consultant:-

Secretary of the Trust shall give the letter of appointment to the concerned Architect/
Project Management Consultant appointed at the Special General Meeting within 15 days
of the date of meeting and thereafter the committee shall enter into an agreement with
the Architect/Project Management Consultant as per the terms and conditions sanctioned
in the General Meeting.

7] Work to be done by the Architect/Project Management Consultant at the initial stage:-

(a) To carry out survey of the land and building of the Trust.

(b) To obtain information regarding conveyance of the Trust land.

(c) To obtain information regarding the availability on the land of FSI and TDR, after taking
into consideration the relevant Regulations of MHADA/SRA/Municipal Corporation for the
time being in force, in terms of the prevailing government policy and the ownership of
land.
(d) To prepare a realistic Project Report after taking into consideration the residential area
for the Tenants, commercial area, open spaces, garden, parking, specifications regarding
construction and such other factors in the light of the suggestions and recommendations
regarding the re-development work, made by the Tenants of the Trust.

(e) To prepare a Project Report and present the same to the committee of the Trust within
a period of two months of the date when the Architect/Project Management Consultant
was so appointed.

8] Action to be taken after the receipt of Re-development Project Report:-

(a) Secretary of the Trust, after receiving the Re-development Project Report as
aforesaid, shall convene a Joint Meeting of the committee Tenants and the Architect/
Project Management Consultant for securing a majority sanction for the Project Report in
the light of the suggestions made by the Tenants. He shall put up a notice thereof on the
notice board of the Trust, indicating such details as time and venue of the meeting. The
said Notice will indicate that a copy of the Project Report so received would be available
for the inspection of the Tenants in the office of the Trust and would further apprise each
member that they could present their suggestions in that regard, eight days prior to the
committee meeting. An acknowledgment of such
Notice would be kept in the office record.

(b) Secretary of the Trust shall forward for consideration, the suggestions received from
the Tenants to the Architect/Project Management Consultant, 7 days before the Joint
Meeting as described above.

(c) In the said Joint Meeting, all such factors as the suggestions/recommendations made
by the Tenants and the opinion of the Architect/Project Management Consultant would
be elaborately discussed and the Project Report with the necessary changes therein,
would be sanctioned with a majority vote. Thereafter a draft tender document would be
prepared and the date, time and venue of the next joint meeting would be fixed for
finalizing the draft tender document after discussion/consultation in that regard. While
preparing the draft tender document, the Architect/Project Management Consultant shall
keep either the carpet area or corpus fund constant (non-fluctuating) and fix other
technical aspects, so that competitive bids can be received from the
Reputed and experienced developers possessing expertise. Moreover, the Tenants of
the Trust may also inform the reputed and experienced developers known to them in this
regard.

9] Declaration of the List of received Tenders:-

(a) On the last day fixed for the receipt of tenders, Secretary of the Trust shall prepare a
list of the tenders received and put up the same on the notice board of the Trust.
(b) Secretary of the Trust shall convene a Special General Meeting of the Managing
Committee within 15 days of the last date for the receipt of tenders. Authorised
representatives of the bidders and interested Tenants of the Trust can attend
this meeting as spectators. In this meeting, the received tenders will be verified and
opened in the presence of all. The Architect/Project Management Consultant shall verify
all the tenders and prepare a comparative chart. He shall verify such factors as the merit,
reputation, experience and competitive rates of the applying bidders and shall shortlist
minimum 5 tenders or where less than 5 tenders are received, as many number of tenders
for the consideration of Special General Meeting and thereafter the
Concerned bidders shall be informed forthwith.

10] Selection of the Developer:-

(a) Appointment of the Authorised officer by the office of Registrar for the General
Meeting.— An application accompanied by the list of Tenants should be made within eight
days to the Registrar for making an appointment of the authorized officer to represent the
office of the Registrar of co-operative Trusts at the Special General Meeting of the Trust,
at which meeting one of the shortlisted bidding developers is to be selected with the help
of the consultant on the basis of their experience, merit, financial capability, technical
competence, competitive rates and such other criteria in the presence of such
representative. The Registrar will take a decision on such application and appoint an
Authorised Officer.

(b) Convening of the Special General Meeting for finalizing the tenders.— Secretary of
the Trust shall, with the prior permission of the Authorised Officer, decide the time and
venue and convene a Special General Meeting for the appointment of a developer within
one month after the Authorise Officer is so appointed. He shall dispatch to all Tenants,
the Agenda of the meeting 14 days prior to such meeting, by hand delivery and
Acknowledgment Due Post and keep the acknowledgements thereof in the Trust record.
Moreover, the representative of the Registrar’s of􀃗ce shall arrange to keep their
Authorised Officer present at the meeting where the tenders are to be presented.

Furthermore, he shall make arrangements the video recording of the meeting at

the expense of the Trust. At this meeting, except the bonafide Tenants, no one else can
remain present. Hence, it will be incumbent upon the Tenants to attend the meeting with
Identity Card. Before the re-development proposal is submitted for the
Sanction of the concerned Authority, it will be incumbent that the selection of Developer
and other proceedings should be conducted in the presence of the Officer authorised by
the Registrar.

(c) Non-fulfilment of Quorum at the Special General Meeting.— The Special General
Meeting shall have the quorum of 3/4th of the total number of Tenants. If the quorum is
not fulfilled, the meeting shall be adjourned for the next eight days and if the said meeting
too does not have the quorum, it shall be assumed that the Tenants of the Trust are not
interested in the redevelopment of the building and the meeting shall be accordingly
called off; Thereafter, for the next one year the said topic shall not be brought again for
the sanction for the Special General Meeting.
(d) Proceedings at the Special General Meeting regarding the selection of the
Developer.— The Authorised Representative from the office of the Registrar shall attend
this meeting and observe the proceedings. Moreover, after the requisite
Representatives and the authorized officer attend the meeting at the given time and on
the fulfilment of quorum as aforesaid, the business of the meeting shall be transacted as
follows:-

I To give comparative information about the tenders shortlisted for presentation (regarding
the work of re-development).
II To present the bidders serially (Presentation regarding tenders).
III To select one Developer for carrying out re-development of the building, subject to the
stipulated terms and conditions and finalisation of the tender.
IV To obtain consent of the selected developer from Charity Commissioner
V To give information about the further developments.
It shall be incumbent to obtain the majority vote in writing of minimum 3/4 th Tenants
present at the meeting for sanctioning the appointment of the Developer. If the shortlisted
developers or their representatives do not attend the meeting, their consent for the project
shall be presumed and further proceedings shall be conducted.

11] Agreement to be executed with the Developer with CC Order:-

The Managing Committee of the Trust shall, subject to the terms & conditions sanctioned
by the CC and the General Meeting and pursuant to the guidance of the Architect/ Project
Management Consultant, execute an agreement with the Developer within one Month.
Besides, the points suggested by the Architect/P.M.C appointed by the Trust, the
Agreement shall include the following points as well:-

1. The period for the completion of re-development project of the Trust shall not exceed
two years and in the exceptional circumstances it shall not exceed 3 years.

2. The Developer shall offer the Trust a Bank Guarantee to the extent of 20% of the value
of the Re-development Project.

3. During the period of re-development, the Developer as far as possible, shall provide
alternative accommodation to the Tenants in the same area pending the completion of
the project or shall arrange to pay such monthly rent and deposit as agreed to by the
Tenants or shall make available such Transit Camps.

4. The said Agreement shall be registered under the Registration Act, 1908.

5. New Tenants shall be admitted to the Trust only on the completion of the re-
development project with the sanction of the General Meeting of the Trust.

6. The Agreement should specify in clear terms the carpet area to be offered.

7. The development right assigned to the Developer shall be non-transferrable.

8. The Tenants holding the premises shall vacate the premises only after all the requisite
legal sanctions are accorded for the redevelopment of building.

9. The rights of the persons who are in possession of the flats, shall remain intact.

10. The Agreement executed with the contractor, Architect and the Trust must contain a
provision for the resolution of any dispute that may arise during the course of re-
development work under section 91 of the Act.

11. On the grant of Occupation Certificate, the flats in the re-development building shall
be allotted as far as possible according to the present situation of floors and if the “Draw
of lots” becomes necessary for the disbursement of flats, the Developer should make
arrangements for the Draw of lots on the completion of building. At such time, the flats
should be disbursed by the Draw of lots in the presence of the Registrar’s representative
and a video recording of the proceedings should be made.

12. No committee member or an office bearer shall either be a Developer or related to

him.

13. The Building Plans sanctioned by the Municipal Corporation/Competent Authority

must be presented again for the information of the General Meeting and if a member
desires to obtain a copy of the sanctioned documents, he should tender a written
application to the Trust and the committee shall be duty bound to furnish such information
by charging reasonable fees thereof.