Section 105(2) in The Delhi Co-operative Societies Rules, 2007
(2)(a)The committee shall initiate action for selecting an architect after following necessary formalities. The appointment of an architect shall be done in the meeting of the general body on such terms and conditions as it deems fit which may conform to the guidelines of Council of Architects. Thereafter, the committee shall enter into agreement with the architect on the basis of the terms and conditions approved in the General body meeting in that behalf. The appointment of Architect and contractor prior to allotment of land and possession of by co-operative society shall be void.(b)The architect shall prepare the plans and the estimates of the building or buildings in consultation with the committee, the committee shall invite suggestions on the draft plans and estimates of cost from the members and shall place them before the general body meeting for approval. Only, thereafter the architect shall submit the plans and estimates of construction of building(s), approved by the general body to the concerned Plan sanctioning Authority for sanction of the Plan.(c)After approval of the plans of the construction of building(s) by the sanction Authority, the committee shall invite tenders in consultation with the architect for technical bids and for financial bids and shall ensure compliance of codal formalities as per Central Public Works Department's guidelines.(d)The Committee shall open the bids for the technical bids and only such bidders who fulfill technical requirements; their financial bids would be opened and considered thereafter. Qualified bidders whose technical and financial bids have been opened shall be scrutinized by the committee and the committee shall prepare its report along with the draft of the terms and conditions, in consultation with the architect and place the same before the general body for decision. Only after the approval of the general body, the committee shall enter into agreement with the contractor.(e)The agreement entered into with the architect and the contractor, shall provide a stipulation for settlement of disputes arising out of execution of contracts under sub-rule( 5) of section 70 of the Act. The contract deeds shall be registered under the Registration Act, 1908.(f)Non-compliance of the procedure prescribed as above for the appointment of an architect and the contractor by the committee, shall render the entire process void and the financial loss, if any, to the cooperative housing society by the said illegal actions of the committee shall be a charge on the committee and shall be recovered as arrears of land revenue from them and also this action will disqualify the office bearer of the committee for four years to contest the election of a committee.
