106C-1

Rules not applicable to housing societies

Before the 2026 amendment, housing societies were governed by the same general Maharashtra Co-operative Societies Rules, 1961 as every other type of co-operative. Rule 106C-1 now formally carves out a long list of those general rules, replacing them with the dedicated Chapter XI-B provisions. Understanding which rules no longer apply helps committees avoid compliance confusion.

Backed by HPF's team of 20+ advocates·Last updated: 2 July 2026·Source: Gazette No. 366, 22 June 2026

Rules that no longer apply to housing societies

The following rules of the Maharashtra Co-operative Societies Rules, 1961 shall NOT apply to co-operative housing societies with effect from 18 June 2026:

Rule(s)Subject matter
Rule 4Procedure for registration of societies
Rule 19Conditions for admission to membership
Rule 20(1)Procedure for admission of members (sub-rule 1 only)
Rule 22Restriction on transfer of shares or interest
Rule 25Register of members
Rule 27Annual list of members
Rule 30ARestriction on borrowing
Rules 35–48Management committee — constitution, powers, elections (14 rules)
Rule 49BReservation of seats
Rule 49CElection procedure (supplementary)
Rule 53Audit — general provisions
Rule 53CAudit — co-operative housing specific (old)
Rule 63AInquiry
Rule 66Disposal of net profits
Rule 86AWinding up — special provisions
Rules 93–103Liquidator — appointment, powers, duties (11 rules)

What replaces these rules?

The new Chapter XI-B (Rules 106C-1 to 106C-14) provides dedicated, housing-society-specific provisions covering registration, membership, funds, maintenance charges, management, and dues recovery. These new rules are tailored to the practical realities of apartment-building societies and supersede the general rules listed above.

Housing societies must now look to Chapter XI-B — not the old general rules — for guidance on membership, elections, funds, and management.

Rules that continue to apply

All rules of the Maharashtra Co-operative Societies Rules, 1961 not listed above continue to apply to housing societies, including rules on dispute resolution, appeals, accounts maintenance, and audit rectification.

Practical impact on managing committees

  • Election procedures for the managing committee are now governed by Rule 106C-13(4) (casual vacancies) and the model bye-laws — not the old Rules 35–48.
  • Membership admission follows Rule 106C-4/5/6, not old Rule 19.
  • Registration of new societies follows Rules 106C-2 and 106C-3, not old Rule 4.
  • Borrowing limits follow Rule 106C-10, not old Rule 30A.
  • Fund disposal follows Rule 106C-11, not old Rule 66.
  • Audit provisions under the general rules (53, 53C) are replaced by the bye-law and model-bye-law framework.

Frequently asked

All registered co-operative housing societies in Maharashtra — existing and newly registered — as of 18 June 2026.

Need help applying these rules to your society?

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

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