Mah. Ord. IX of 2019 · 9 March 2019
Maharashtra Co-operative Societies (Amendment) Ordinance, 2019
The instrument that gave co-operative housing societies a chapter of their own — Chapter XIII-B, sections 154B to 154B-31 of the Maharashtra Co-operative Societies Act, 1960. All 32 sections, in the Gazette’s own words.
Search runs over the full official text, not just the summaries.
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.
Correct citation: “section 154B-29 of the Maharashtra Co-operative Societies Act, 1960”
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1 section for “A audit class”
Preamble
further to amend the Maharashtra Co-operative Societies Act, 1960. WHEREAS both Houses of the State Legislature are not in session ; AND WHEREAS the Governor of Maharashtra is satisfied that circumstances exist which render it necessary for him to take immediate action further to amend the Maharashtra Co-operative Societies Act, 1960, for the purposes hereinafter appearing ; NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 213 of the Constitution of India, the Governor of Maharashtra is hereby pleased to promulgate the following Ordinance, namely :—
Clause 1
Short title and commencement
(1) This Ordinance may be called the Maharashtra Co-operative Societies (Amendment) Ordinance, 2019. (2) It shall come into force at once.
Clause 2
Amendment of section 73CB — society-run committee elections up to 250 members
In section 73CB of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as “the principal Act”), to sub-section (11), after the existing proviso, the following proviso shall be inserted, namely :— “Provided further that, in case of housing society having less than or up to 250 Members, the elections of the Committee shall be conducted by the said housing society in the manner as may be prescribed.”.
Clause 3
Amendment of section 101 — housing-society dues moved out of the general recovery provision
In section 101 of the principal Act, in sub-section (1), the words “by a co-operative housing society, for the recovery of its dues or for the recovery of its maintenance and service charges, or” and the Explanation II shall be deleted.
Clause 4
Amendment of section 146 — failure to supply documents made an offence
In section 146 of the principal Act, after clause (p-1), the following clause shall be inserted, namely :— “(p-2) any officer or past officer or Member or past Member of the Committee of the housing society fails to supply the copies of the documents as provided under sub-section (2) of section 154B-8 ; or ”.
Clause 5
Amendment of section 147 — penalty of ₹100 per day, up to ₹5,000
In section 147 of the principal Act, after clause (p-1), the following clause shall be inserted, namely :— “(p-2) if it is an offence under clause (p-2) of that section, with fine of rupees one hundred per day after the expiry of peried as provided in sub- section (2) of section 154B-8, which may extend to five thousand rupees;”.
Clause 6
Amendment of section 152 — appeals against orders under sections 154B-2, 154B-3, 154B-9 and 154B-27
In section 152 of the principal Act, in sub-section (1), after the figures and words “105 including against an order for paying compensation to society” the words, figures and letters “, and sections 154B-2, 154B-3, 154B-9 and 154B-27 ” shall be inserted.
Clause 7
Amendment of section 154 — revision against a recovery certificate under section 154B-29
In section 154 of the principal Act, in sub-section (2A), after the words and figures or “under section 101” the words, figures and letter, “ or section 154B-29” shall be inserted.
Clause 8
Insertion of Chapter XIII-B in the principal Act
After section 154A of the principal Act, the following CHAPTER shall be inserted, namely :—
The chapter this clause inserts is the 32 section pages above.
Clause 9
Amendment of section 156 — recovery of sums due under section 154B-29
In section 156 of the principal Act, in sub-section (1), in clause(e), after the words, brackets and Figures “sub-section (1) of section 137” the words, figures and letter “or section154B-29” shall be inserted.
Clause 10
Power to remove difficulty
(1) If any difficulty arises in giving effect to the provisions of the principal Act, as amended by this Ordinance, the State Government may, as occasion arises, by an order published in the Official Gazette, do anything not inconsistent with the provisions of the principal Act, as amended by this Ordinance which appears to it to be necessary or expedient for the purpose of removing the difficulty. (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each house of the State Legislature.
The Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961), governs all the co-operative societies having different objects, classifications and sub-classifications. The provisions of the said Act regulates the management aspect of the co-operative societies and protects the interest of its members. Among all co-operative societies governed by the provisions of the said Act, the co-operative housing societies are largest in number being around 50% of the total societies in the State. At present, even though the affairs of the co-operative housing societies are distinct and peculiar, they are regulated in the same manner as per the general provisions of the said Act, as applicable for all other co-operative societies, such as Co-operative Sugar Factories, District Central Co-operative Banks, Co-operative Spinning Mills, etc. The uniform application of the provisions of the said Act, despite of the uniqueness of the co-operative housing societies, was creating problems and was inadequate to address all the affairs of the co-operative housing societies. This lead to large number of disputes and litigation and thus creates hurdles in smooth functioning of the co-operative housing societies. In this view of the scenario, an urgent need was felt to provide a separate Chapter to cater to the specific requirements of the co-operative housing societies. Therefore a separate Chapter providing for regulation of co-operative housing societies, was inserted in the said Act. The proposed Chapter, among other things, has caterred primarily to the issues of the co-operative housing societies viz. members and their rights, management of societies, audit, enquiry and inspection, settlement of disputes, liquidation, elections of societies, recovery of claims, etc. 2. In the then present dispensation, considerable delay is caused in approval and appointment of Returning Officer and Assistant Returning Officer for conducting elections of co-operative housing societies. To avoid this delay and to ensure timely elections, it is proposed to amend sub-section (11) of section 73CB of the said Act, suitably, by taking the power to the State Government to prescribe by rules the procedure for speedy holding of such elections. 3. The provisions related to recovery of dues or arrears from members are proposed to be deleted from the general provisions meant for all societies in sub-section (1) of section 101 so as to provide relevant provisions in this regard in the proposed Chapter XIIIB. 4. Section 152 is proposed to be amended suitably, for providing appeals against the orders passed under sub-sections (1) and (3) of section 154B of the proposed Chapter. The incorporation of the above-mentioned provisions alongwith other then proposed provisions, would help the members of the societies in the understanding of their rights and liabilities, thereby enabling a more congenial governance environment within the co-operative housing societies. The clarity in the various proposed provisions has minimized the disputes and result in enhancing the efficiency of the authorities dealing with the affairs of the co-operative housing societies. Similarly, the simplified mechanism proposed for elections has drastically reduced the election related disputes in the otherwise resource crunched co-operative housing societies. 5. To achieve the above objectives, the Maharashtra Co-operative Societies (Third Amendment) Ordinance, 2018 (Mah. Ord. XXV of 2018) was promulgated by the Governor of Maharashtra on the 30th October 2018 and the Maharashtra Co-operative Societies (Third Amendment) Bill, 2018 (L. A. Bill No. LXX of 2018) to convert the said Ordinance was introduced in the Maharashtra Legislative Assembly on the 22nd November 2018. The said Bill is pending in the Maharashtra Legislative Assembly. With a view to ensure that the said provisions are effected immediately, it is considered expedient to amend the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961), urgently. 6. As both Houses of the State Legislature are not in session and the Governor of Maharashtra is satisfied that circumstances exist which render it necessary for him to take immediate action further to amend the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961), for the purposes aforesaid, this Ordinance is promulgated. Mumbai, C . VIDYASAGAR RAO, Dated the 9th March 2019. Governor of Maharashtra. By order and in the name of the Governor of Maharashtra, DINESH KUMAR JAIN, Chief Secretary to Government.
What applies to your society today
Chapter XIII-B
This chapter — sections 154B to 154B-31
The primary law for housing societies. In force since 9 March 2019.
Chapter XI-B
2026 Amendment Rules
Rules 106C-1 to 106C-14, which put this chapter into practice. Effective 18 June 2026.
2014
Model Bye-Laws 2014
Your society’s bye-laws as they stand. They govern until the 2026 bye-laws are adopted.
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