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.
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 4 | Procedure for registration of societies |
| Rule 19 | Conditions for admission to membership |
| Rule 20(1) | Procedure for admission of members (sub-rule 1 only) |
| Rule 22 | Restriction on transfer of shares or interest |
| Rule 25 | Register of members |
| Rule 27 | Annual list of members |
| Rule 30A | Restriction on borrowing |
| Rules 35–48 | Management committee — constitution, powers, elections (14 rules) |
| Rule 49B | Reservation of seats |
| Rule 49C | Election procedure (supplementary) |
| Rule 53 | Audit — general provisions |
| Rule 53C | Audit — co-operative housing specific (old) |
| Rule 63A | Inquiry |
| Rule 66 | Disposal of net profits |
| Rule 86A | Winding up — special provisions |
| Rules 93–103 | Liquidator — 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
Facing this in your society?
Knowing the rule is one thing. Getting it enforced is another.
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