Disqualification of Committee and its Members

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Q: What is the sinking fund percentage for Maharashtra housing societies?

Minimum 0.25% per annum of each flat's construction cost, as certified by the architect at the time of construction. This is prescribed by Rule 106C-11(2) of the Maharashtra Co-operative Societies (Amendment) Rules 2026, effective 18 June 2026.

Q: What is the AGM quorum for a Maharashtra housing society?

Two-third of the total members or 20 members, whichever is less. Per Rule 106C-13(3)(e) of the Maharashtra Co-operative Societies (Amendment) Rules 2026.

Q: How does a Maharashtra housing society recover unpaid dues?

By filing Form Y-6 under section 154B-29 of the Maharashtra Co-operative Societies Act 1960, before the Joint/Deputy/Assistant Registrar of Co-operative Societies, with a court fee of ₹100. The Registrar issues a recovery certificate in Form Y-7, which is enforceable as arrears of land revenue under the Maharashtra Land Revenue Code 1966. No separate execution application is needed. Per Rule 106C-14 of the 2026 Amendment Rules.

Q: What are the registration fees for a Maharashtra housing society?

Under Rule 106C-3(2)(d) of the 2026 Amendment Rules: Tenant co-partnership up to 25 flats: ₹2,500; 26-50 flats: ₹5,000; 51-250 flats: ₹7,500; above 250 flats: ₹10,000. Backward class and Lok Awas Yojana societies: ₹50. Tenant ownership and other housing societies: ₹5,000.

Q: What is the maximum interest rate on defaulted maintenance dues?

The Maharashtra Co-operative Societies (Amendment) Rules 2026 cap interest on defaulted maintenance charges at 12% simple interest per annum (Rule 106C-12). The rate must be fixed by a general body resolution — the managing committee cannot unilaterally set a higher rate.

Section 154B-23, Maharashtra Co-operative Societies Act, 1960

This chapter is in force. The 2019 Ordinance was a temporary law under article 213 of the Constitution and was replaced by the Maharashtra Co-operative Societies (Amendment) Act, 2019, which re-enacted Chapter XIII-B in the same terms. When citing this provision in a notice, application or plaint, cite it as a section of the Maharashtra Co-operative Societies Act, 1960 — not as a section of the Ordinance.

In short

A person cannot be appointed, nominated, elected or co-opted to the committee if he is a defaulter of any society, carries on the business of letting, subletting or selling flats in the society, has been held responsible under section 79, 88, 154B-8(2) or 154B-27 or for the cost of an enquiry under section 85, or has incurred a disqualification under the Act or under section 73CA(1)(f)(vii)-(ix). Members disqualified on those grounds cease to hold the seat and are barred for five years.

Official TextSelect & copy — citation and link auto-added

(1) Without prejudice to the other provisions of this Act or the rules made thereunder, in relation to the disqualification of being a Member of the Committee, no person shall be eligible to be appointed, nominated, elected, co-opted for being a Member of Committee,— (i) if he is a defaulter of any society, or (ii) if he carries on business of letting, subletting and selling of flats in the housing society of which he is a Member, or (iii) if he has been held responsible under section 79, 88,154 B-8(2) or 154B-27 or for payment of cost of enquiry under section 85, or (iv) if he has incurred any disqualification under this Act or the rules made thereunder, or (v) if he incurs any of the disqualification similar to that mentioned in the provisions of clause (vii), (viii) or (ix) of clause (f) of sub-section (1) of section 73CA. (2) A Member, who has incurred any disqualification under sub-section (1), shall cease to be a Member of Committee and his seat shall thereupon be deemed to be vacant. (3) A Member of a Committee who has ceased to be a Member thereof, on account of having incurred disqualification under clause (ii), (iii), (iv) or (v) of sub-section (1), shall not be eligible to be re-elected, re-co-opted or re- nominated as a Member of Committee for five years from the date on which he or she has so ceased to be a Member of the Committee. (4) A Member of a Committee who has ceased to be a Member thereof, on account of having incurred disqualification other than disqualifications, referred to in sub-section (3), shall, unless otherwise specifically provided in this Act, be eligible to be re-elected, re-co-opted or re-nominated as a Member of Committee as soon as such disqualification ceases to exist.

Source: Maharashtra Government Gazette, Extraordinary Part VIII, No. 21, 9 March 2019 — the authorised English translation published under article 348(3) of the Constitution. The Marathi on this page is our summary, not an official translation.

Read this with

Model Bye-Laws 2014 — the same ground in your society’s own bye-laws

Bye-law 116 · Disqualification of Office Bearers →Bye-law 117 · Disqualification from Standing for Election →Bye-law 119 · Termination of Committee Membership →Bye-law 120 · Conflict of Interest →

disqualification defaulter subletting business five year bar seat vacant section 73CA

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154B-22 · General provisions for strength of the Committee for quorum

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