Redevelopment General Body Meeting under Rule 106C-13

The redevelopment general body meeting is the moment on which an entire housing society redevelopment rests. If the meeting is properly convened and conducted, its decisions bind every member, including those who disagree. If it is not, the resolution selecting the developer, and everything built on it, is open to challenge. Since June 2026, the procedure for this meeting in Maharashtra is no longer found only in government directives and bye-laws. The Maharashtra Co-operative Societies (Amendment) Rules, 2026 have inserted Rule 106C-13 into the Maharashtra Co-operative Societies Rules, 1961, and it lays down specific requirements for redevelopment meetings. This article walks through what the rule requires, step by step, and the points on which societies most often go wrong.

Where the new rule comes from

The Government of Maharashtra notified the Maharashtra Co-operative Societies (Amendment) Rules, 2026 on 18 June 2026, under Section 165 of the Maharashtra Co-operative Societies Act, 1960. They were published in the Maharashtra Government Gazette (Extraordinary, Part IV-B) on 22 June 2026. The amendment inserts a new chapter, titled “Co-operative Housing Societies”, containing Rules 106C-1 to 106C-14. These rules deal with housing societies specifically, from registration and membership to funds, charges, management and recovery of dues.

Rule 106C-13, headed “Management of housing societies”, contains the provisions on the general body. Most of it applies to all general meetings. Clauses (i) and (j) of sub-rule (3) apply specifically to redevelopment.

Separately, the State Government has issued a Government Resolution dated 30 September 2026 under Section 79A of the MCS Act, which replaces the redevelopment directives of 4 July 2019. That resolution should be read together with Rule 106C-13; this article deals with the rule.

The general body is the decision-maker

Rule 106C-13(3)(a) declares that the general body is the supreme decision-making authority in the society and that its decisions bind the managing committee, which is responsible for implementing them. Under Rule 106C-13(3)(b), the general body resolves matters within its jurisdiction under the Act, the rules, the bye-laws, directives issued by the Government under Section 79A and directions of the Registrar under Section 154B-21.

For redevelopment, this has a practical consequence. The managing committee may prepare the ground, but it cannot take the core decisions on its own. Rule 106C-13(2)(b) provides that the committee may appoint professionals such as architects and contractors for the society’s projects with the approval of the general body. The decision to redevelop and the selection of the developer belong to the general body.

The redevelopment meeting, step by step

Rule 106C-13(3)(i) and (j) impose five requirements on a redevelopment-related special general body meeting. Each is taken in turn below.

Step 1: Notice of fourteen clear days

An ordinary special general body meeting under Section 76 of the Act may be called on five clear days’ notice (Rule 106C-13(3)(h)). For redevelopment, the rule is stricter. Rule 106C-13(3)(i) says that for redevelopment matters a fourteen clear days’ notice period is mandatory.

“Clear days” is generally understood to exclude both the day on which the notice is served and the day of the meeting. A society that sends notice on the 1st of the month should not, therefore, hold its meeting on the 15th. Allow a margin, serve notice by every mode the bye-laws provide, and keep proof of service for each member.

The notice should state the agenda clearly. A notice that speaks vaguely of “redevelopment matters” invites the argument that members did not know the developer would be selected at that meeting.

Step 2: A quorum of two-thirds of the total members

For general body meetings in general, the quorum under Rule 106C-13(3)(e) is two-thirds of the total members or twenty members, whichever is less. For redevelopment, the “twenty members” alternative does not appear. Rule 106C-13(3)(i) states that the quorum for a redevelopment-related special general body meeting shall be two-thirds of the total members of the society.

Two points follow:

• Count against the total membership. In a society of ninety members, sixty must be present. Members present in person and members attending through the society’s video conferencing facility both count; Rule 106C-13(3)(b) expressly allows participation either in person or through video conferencing or other audio-visual means provided by the society, capable of recording and recognising the participation of members.
• Treat the adjournment provision with caution. Rule 106C-13(3)(f) provides, for general body meetings generally, that a meeting adjourned for want of quorum may transact its business at the adjourned meeting whether or not there is a quorum. The rule does not expressly say whether that provision can dilute the special two-thirds quorum prescribed for redevelopment meetings. A society that relies on an adjourned meeting without the two-thirds quorum to select a developer is taking an avoidable risk.

Step 3: The Registrar’s representative

Rule 106C-13(3)(i) requires that a redevelopment meeting be conducted in the presence of a representative of the Registrar. The proviso to Rule 106C-13(3)(j) adds that the representative shall submit a factual report to the Registrar on the conduct of the meeting, and the Registrar shall communicate it to the society.

In practice, this means the society must apply to the office of the Registrar in good time, before fixing the date in the notice, so that a representative is available. The representative’s report is an independent account of what happened at the meeting, and any later dispute about quorum or voting will be tested against it.

Step 4: Video recording of the meeting

Under Rule 106C-13(3)(i), the redevelopment meeting must be video-recorded. The recording is to be kept in the custody of the Chairman, and one copy is to be kept in the office of the Assistant or Deputy Registrar of Co-operative Societies within whose jurisdiction the society is located.

The recording should cover the whole meeting, including attendance, the quorum count, the discussion and the vote. Members attending by video conference should be visible or identifiable in the record. Lodging the copy with the Registrar’s office should be done promptly and acknowledged in writing.

Step 5: Fifty-one per cent of the total members to select the developer

Rule 106C-13(3)(j) provides that a resolution for the selection of a developer or contractor for redevelopment shall be passed by a majority of fifty-one per cent of the total members of the society, including those attending through video conferencing.

The Government Resolution of 30 September 2026 issued under Section 79A, which replaces the 2019 redevelopment directives, may add further conditions, including on how attendance is counted; it should be read together with the Rules before the meeting is called.

This is the requirement most often misread. It is not fifty-one per cent of those present and voting. Contrast the general rule in Rule 106C-13(3)(g), under which decisions at the annual general body meeting are passed by fifty-one per cent of the total members present. For selecting a developer, the denominator is the society’s entire membership. In a society of ninety members, at least forty-six must vote in favour, even if only sixty attend.

The minutes should record the number of members on the register, the number present in person, the number attending by video conference, and the votes for and against each proposal, with names where the bye-laws or the meeting so require.

Why the procedure matters: the binding effect of a valid resolution

The Bombay High Court has consistently held that a valid decision of the general body binds every member of the society. In Girish Mulchand Mehta v. Mahesh S. Mehta (Division Bench, 10 December 2009), two members of a twelve-member society who refused to vacate were held bound by the general body’s decision, and interim measures were made against them under Section 9 of the Arbitration and Conciliation Act, 1996, even though they were not parties to the development agreement. The Court observed that the society’s decision would bind them unless the resolutions were set aside by a competent forum. In Dem Homes LLP v. Taruvel CHSL (15 July 2024), non-consenting members were directed to vacate within two weeks.

That protection depends on the decision being valid. A resolution passed without the required notice, quorum, Registrar’s representative or majority of the total membership gives dissenting members a genuine ground of challenge, and a developer a reason to hesitate before investing. Following Rule 106C-13 carefully is therefore as much in the majority’s interest as in the minority’s.

A short checklist for the managing committee

• Confirm the current register of members and the total membership figure that will be used for quorum and voting.
• Apply to the Registrar’s office for a representative before issuing notice.
• Issue notice with a specific agenda at least fourteen clear days before the meeting, and keep proof of service.
• Arrange a video conferencing facility that records and identifies participants.
• Arrange video recording of the entire meeting.
• At the meeting, record the quorum count against two-thirds of total members before any business is taken up.
• Record votes so that the fifty-one per cent of total members can be demonstrated.
• Lodge a copy of the recording with the Assistant or Deputy Registrar, and obtain the representative’s report through the Registrar.
• Check the Government Resolution of 30 September 2026 for any further steps it requires.

Frequently Asked Questions

How much notice is required for a redevelopment general body meeting?

Rule 106C-13(3)(i) of the MCS Rules makes fourteen clear days’ notice mandatory for redevelopment matters. An ordinary special general meeting needs only five clear days, but that shorter period does not apply to redevelopment.

What is the quorum for a redevelopment meeting?

Two-thirds of the total members of the society. The alternative of twenty members, which applies to general meetings generally, is not available for redevelopment-related special general body meetings.

Do members attending by video conference count?

Yes. Rule 106C-13(3)(b) allows participation through video conferencing or other audio-visual means provided by the society, and Rule 106C-13(3)(j) expressly counts members attending through video conferencing in the fifty-one per cent majority needed to select a developer.

Is fifty-one per cent of those present enough to select a developer?

No. The resolution must be passed by fifty-one per cent of the total members of the society. In a society of one hundred members, at least fifty-one must vote in favour, however many attend.

Must the redevelopment meeting be recorded?

Yes. It must be video-recorded, with the recording kept by the Chairman and a copy kept in the office of the Assistant or Deputy Registrar with jurisdiction over the society. A representative of the Registrar must also attend and report on the conduct of the meeting.

This article is for general information and is not legal advice.

This article is for general information only and is not legal advice or an invitation to engage the firm. Laws and judgments change; please obtain specific legal advice before acting.