Expert Jurist LLP

← Draft Bye-laws 2026 / Ch.11: Incorporation, Duties and Powers of the Society/#67

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 67Ch.11 · Incorporation, Duties and Powers of the Society

Incorporation

Q: Are the MCS Act forms free to download?

Yes. All 24 MCS Act Appendix forms are completely free to generate as PDFs on SocietySeWA. No login required to browse or download.

Q: What is eManager service by SocietySeWA?

eManager is a fully remote society management service delivered by Expert Jurist LLP, backed by 20+ practising advocates, handling all MCS Act compliance, AGM management, legal notices, registrar correspondence, and member management for Maharashtra co-operative housing societies.

Q: Which areas does SocietySeWA serve?

SocietySeWA serves co-operative housing societies across all of Maharashtra, with primary focus on Navi Mumbai, Mumbai, Pune, Thane, and Raigad districts.

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

The registration of the Society shall render it a body corporate by the name under which it is registered, with perpetual succession and a common seal, and with power to acquire, hold and dispose of property, to enter into contracts, to institute and defend legal proceedings, and to do all such acts and things as are necessary for the purpose for which it is constituted, in accordance with the provisions of the Act, Rules and these Bye-laws.

← Previous

66. Interest on Defaulted Charges

Next →

68. Common seal

Need the form that goes with this bye-law?

Generate 2026 Forms

Need this bye-law applied?

A bye-law helps only when it is used correctly.

Amendments, general body resolutions, member disputes, registrar filings — Expert Jurist LLP handles these for societies across Maharashtra, start to finish.

Talk to an advocate Create a free account

Read every bye-law free, download MCS forms and track your society’s compliance dates.