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← Draft Bye-laws 2026 / Ch.7: Membership, Nomination and Recording of Nomination/#29

Draft

Draft — not yet finally notified. Once officially notified, your society must formally adopt these bye-laws via a resolution passed in its General Body Meeting (GBM) before they replace your existing 2014 bye-laws. This draft has been shared by the Co-operative Department for public consultation — you can submit suggestions via email at coophsgmodelbyelaws@gmail.com before the deadline of 27th August 2026.

Bye-law 29Ch.7 · Membership, Nomination and Recording of Nomination

Recording of Nomination

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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.

Existing — carried forward from 2014

Draft TextSelect & copy — link auto-added

(a) (i) Every nomination, revocation or variation received by the Society shall be placed before the next meeting of the Committee for taking the same on record.

(b) (ii) The Committee shall record the nomination, revocation or variation in the minutes of its meeting, and the Secretary shall make the necessary entries in the Register of Nominations and such other records of the Society as may be prescribed.

(c) (iii) The acknowledgment issued by the Secretary on receipt of the nomination, revocation or variation shall be deemed to be acknowledgment of its recording by the Society.

(d) (iv) The Society shall maintain a separate Register of Nominations containing the particulars of every valid nomination, revocation and variation in accordance with Rule 106C-9 of the Rules.

(e) (v) The Society shall not refuse to record a nomination, revocation or variation if it is submitted in the prescribed form and is otherwise in accordance with the provisions of the Act, the Rules and these Bye-laws.

(f) (vi) Recording of a nomination by the Society shall not amount to adjudication of the validity of the nomination or determination of the rights, title or interest of any person in the shares, interest or property of the deceased Member.

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28. Nomination

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30. Admission of Provisional Member after Death of a Member

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