106C-14 · 154B-29
Recovery of unpaid dues
Rule 106C-14 establishes a complete, self-contained procedure for housing societies to recover unpaid maintenance dues under section 154B-29 of the Maharashtra Co-operative Societies Act, 1960. The recovery certificate is enforced as arrears of land revenue — no separate civil suit needed.
Overview of the 154B-29 procedure
Before the 2026 amendment, housing societies had to use the general dispute resolution process under section 91, which was slow and expensive. Section 154B-29 now gives housing societies a fast-track administrative route: file with the Registrar, get a certificate, and enforce as land revenue.
Once the Registrar issues a Form Y-7 recovery certificate, there is NO need to file a separate execution application. The certificate itself is enforceable as arrears of land revenue under the Maharashtra Land Revenue Code, 1966.
Before filing — prerequisites
- Issue written notice to the defaulting member/occupier (by registered post, hand delivery, or courier) demanding payment.
- Inform them that failure to pay will result in an application under section 154B-29.
- Pass a resolution at both the managing committee meeting and the general body meeting authorising the Secretary/Chairman/Treasurer to file the application and initiate recovery proceedings.
Both committee AND general body resolutions are required before filing. Skipping either resolution is a procedural defect that could result in rejection of the application.
Filing the application — Form Y-6 (Rule 106C-14(1))
The application is filed in Form Y-6 before the Joint/Deputy/Assistant Registrar of Co-operative Societies who has jurisdiction over the society's registered address.
- Court fee: ₹100 (original treasury challan must be attached).
- The application must specify the amount claimed and whether the defaulter is a member of the society.
Documents to be attached with Form Y-6 (Rule 106C-14(2))
- Letter of authority authorising an officer or representative to file and represent the society before the Registrar.
- Certified true copy of the up-to-date personal ledger account or dues account of the defaulting member/occupier.
- Certified true copy of the resolution approving the levy of the charges or major repair fund or construction costs.
- Certified true copy of the resolution approving simple interest on the dues.
- Original treasury challan (proof of ₹100 court fee deposit).
- Copy of the notice issued by the society to the defaulter.
Registrar's process — scrutiny, notice, hearing (Rules 106C-14(3)–(6))
| Step | Timeline | What happens |
|---|---|---|
| Application received | Day 0 | Registrar checks completeness |
| Incomplete application | Within 7 days | Society directed to rectify; if not rectified, application dismissed |
| Registration | Once complete | Application registered with serial number |
| Notice to opponent | Within 15 days of registration | Notice to defaulter requiring written statement on specified date |
| Written statement by opponent | First adjournment: max 15 days | Registrar may grant one adjournment of up to 15 days to file written statement |
| Hearing | Date fixed by Registrar | Both parties present arguments; Registrar may order document production |
| Decision | Target: within 3 months | Registrar issues reasoned judgment |
| Recovery certificate | After judgment | Form Y-7 issued; enforceable as land revenue arrears |
What the recovery certificate (Form Y-7) covers
- Claim amount (principal + interest as per general body resolution + applicable taxes).
- Cost and fees of the application.
- Other expenses (public notice fee, inquiry cost, stamps).
- Simple interest from date of filing till full repayment.
What happens if the defaulter doesn't appear?
If the defaulter (opponent) does not appear at the hearing after being duly served notice, the Registrar may decide the application ex-parte — solely on the basis of the society's evidence.
The defaulter can still appear later and request a hearing if they show sufficient cause for earlier non-appearance. The Registrar will hear them as if appearing for the first time.
Frequently asked
Yes. Rule 106C-14(1)(c) requires the application to state "whether the person from whom the amount is claimed is a member of the society or not" — implying the procedure applies to both members and non-members (e.g., occupiers, sub-tenants).
Let HPF handle the recovery for you
₹9,999 flat fee — 2 legal notices + Registrar filing + recovery certificate. Billed to the defaulting member's ledger.
This page is for informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a qualified advocate familiar with Maharashtra co-operative law.
Source: Maharashtra Government Gazette, Part IV-B, No. 366, dated 22 June 2026 · Notification No. Sanini 0321/C.R.41/13-C, dated 18 June 2026