The Maharashtra Co-operative Societies (Amendment) Rules, 2026 introduce extensive amendments to the Maharashtra Co-operative Societies Rules, 1961, with a major focus on co-operative housing societies. The notification inserts a new Chapter XI-B, laying down a comprehensive framework covering registration, name reservation, membership, associate and provisional members, nominations, family arrangements, governance, redevelopment, recovery proceedings, borrowing limits, funds, levy of charges, and society management. It also recognizes joint and provisional members, creates new categories such as Co-operative Housing Associations and Associations of Societies, prescribes new registration forms and fees, and provides detailed procedures for transfer of membership after a member’s death. The amendments permit video conferencing for general body meetings, prescribe redevelopment procedures, establish mandatory education and training requirements, specify various statutory funds and maintenance charges, and streamline recovery of dues under section 154B-29. Several outdated rules and forms have also been deleted or replaced to align the Rules with the amended statutory framework. Also Read: Maharashtra Overhauls Co-operative Housing Society Rules
CO-OPERATION, MARKETING AND TEXTILES DEPARTMENT
Madam Cama Marg, Hutatma Rajguru Chowk, Mantralaya,
Mumbai 400 032, dated the 18 the June 2026.
NOTIFICATION
MAHARASHTRA CO- OPERATIVE SOCIETIES ACT, 1960.
No. Sanini 0321/ C.R. 41/ 13C.—In exercise of the powers conferred by sub-sections (1) and (2) of section 165 of the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961), and of all other powers enabling it in that behalf, the Government of Maharashtra hereby, makes the following rules further to amend the Maharashtra Co-operative Societies Rules, 1961, after the same having been previously published as required by sub-section (3) of section 165 of the said Act, namely :—
1. These rules may be called the Maharashtra Co-operative Societies (Amendment) Rules, 2026.
2. In rule 2 of the Maharashtra Co-operative Societies Rules, 1961 (hereinafter referred as “the principal Rules”), in clause (l), after the words, figures and letter “under section 24A” the words, figures and letter “or section 154B-6” shall be inserted.
3. In rule 4 of the principal Rules, in sub-section (1), in clause (e), sub-clauses (vii), (viii) and (viii-a) shall be deleted.
4. In rule 8 of the principal Rules, in sub-rule (1),-
(1) in clause (f), for the words “nominal and associate members,” the words “nominal, associate, joint and provisional members” shall be substituted;
(2) in clause (x-1), after the word, figures and letter “section 24A”, the words, figures and letters “section 154B-6 and section 154B-28” shall be inserted.
5. In rule 10 of the principal Rules, in sub-rule (1), in the table, in entry 5 of ,-
(1) in column (3) against sub-class (c), for the words “House Mortgage Societies and House Construction Societies”, the words, figures and letter “House Mortgage Societies, House Construction Societies and Premises Societies” shall be substituted;
(2) in class 5 Namely Housing Society, in columns (2) and (3), after sub-clause (c), the following classes shall be inserted, namely :—
“(d) Co-operative Housing Association.—
(e) Association of Society.—
6. Rule 20A of the principal Rules shall be deleted.
7. Rule 20B of the principal Rules shall be deleted.
8. In rule 26 of the principal Rules, after the words, brackets and figures “sub-section (1) of section 30” the words, figures and letter “or section 154B-13” shall be inserted.
9. For rule 33 of the principal Rules, the following rule shall be substituted, namely :
“33. List of members.—The list of members to be kept by every society shall be in Form J. ”.
10. In rule 57A of the principal Rules, in sub-rule (7), in clause (g), for sub-clause (iii), the following proviso shall be added, namely :—
“Provided that, sub-clause (iii) shall not apply to the Housing Societies.”
11. In rule 58 of the principal Rules, after the words, figures and letters “disqualification as mentioned in section 73CA” the words, figures and letter “or section 154B-23” shall be inserted.
12. In rule 60 of the principal Rules,—
(1) in sub-rule (1), the words “an active member elected by the active” shall be deleted ;
(2) in sub-rule (3), the word “active” shall be deleted ;
(3) in sub-rule (4), the word “active” shall be deleted.
13. In rule 65 of the principal Rules, in sub-rule (1), clauses (1-a) and (1-b) shall be deleted.
14. In rule 85 of the principal Rules,—
(1) in sub-rule (1), for the words and figures “under sections 98, 101 and 137” the words figures and letters “under sections 98, 101, 137 and 154B-29” shall be substituted.
(2) in sub-rule (4), for the words and figures “under sections 98, 101 and 137” the words figures and letters “under sections 98, 101, 137 and 154B-29” shall be substituted.
(3) in sub-rule (8),
(a) in clause (b), for sub-clause (ii) for the words and figures “under sections 98, 101 and 137” the words figures and letters “under sections 98, 101, 137 and 154B-29” shall be substituted.
(b) in clause (c), for sub-clause (ii) for the words and figures “under sections 98, 101 and 137” the words, figures and letters “under sections 98, 101, 137 and 154B-29” shall be substituted.
15. After rule 106B of the principal Rules, the following CHAPTER shall be inserted, namely :—
“CHAPTER XI-B
CO-OPERATIVE HOUSING SOCIETIES
106C-1. Non-application of provisions of these Rules to housing societies.— Rules 4, 19, sub-rule (1) of rule 20, rules 22, 25, 27, 30A, rules 35 to 48, rules 49B, 49C, 53, 53C, 63A, 66, 86A, rules 93 to 103 of these Rules shall not apply to the housing societies.
106C-2. Application for reservation of name and permission to open bank account.— (1) Every application for the reservation of a name and permission to open a bank account for the proposed housing society shall be submitted in Form Y-1. The application shall be accompanied with,—
(i) a resolution of promoters who attended the meeting for electing and authorizing the Chief Promoter, along with the minutes of the said meeting ;
(ii) a commencement certificate or building completion certificate, certified by an architect, for a proposed tenant co-partnership housing society or premises society, or a copy of the tentative layout plan, certified by an architect, or the sanctioned layout plan for a proposed tenant ownership housing society.
(2) Every application for the reservation of a name and permission to open a bank account for the proposed Association of Societies or Co-operative Housing Association shall be submitted in Form “Y-2”. The application must be signed by at least two authorized office bearers of each society or legal entity. The application must be accompanied with,—
(i) a list of office bearers who attended the general body meeting of the proposed association of societies or co-operative housing association for electing and authorizing the Chief Promoter, alongwith the minutes of said general body meeting.
(ii) a resolution from the general body meeting of at least five societies for the proposed Association of Societies, or a resolution from the general body meeting of at least two societies or legal bodies for the proposed Co-operative Housing Association, giving consent and authorizing any two office bearers to attend the general body meeting and sign the necessary documents.
(iii) a copy of the registration certificate of each individual society or legal body.
(iv) a certificate from an architect certifying that the individual societies or legal bodies are part of the same layout or plot.
(3) The application shall be sent to the Registrar by registered post, hand delivery or electronic mode.
(4) The Registrar shall upon receiving an application under the sub-rule (1) or (2) enter the particulars into the register maintained in Form “Y-3”, give a serial number, and issue a receipt in acknowledgment thereof.
(5) The Registrar may allow the promoters to amend the application before reserving the name and granting permission to open a bank account.
(6) The Registrar shall dispose off such application within thirty days of receipt. The Registrar may grant permission for the reservation of the name and the opening of a bank account for the proposed society or the Registrar may reject the application after recording reasons therefor in writing and communicate the decision to the applicant. The permission may be subject to such conditions, if any, as specified in letter communicating such decision.
106C-3. Application for registration and registration fees.— (1) Every application for the registration of a society under section 154B-3 shall be made in Form ‘Y-1’ in Marathi, Hindi or English within two months from the date of granting permission for the reservation of the name of proposed society and opening of a bank account.
(2) The application, subject to the provisions of section 154B-2, be signed by the Chief Promoter and shall, in addition to two copies of the proposed bye-laws of the society, be accompanied by,—
(a) a list of persons who have contributed to the share capital, together with the amount contributed by each of them, and the entrance fee paid by them ;
(b) a certificate from the bank or banks stating the credit balance in favour of the proposed society ;
(c) a scheme showing the details explaining how the working of the society will be economically sound and, where the scheme envisages the holding of immovable property by the society, a description of such property proposed to be purchased, acquired, or transferred to the society.
(d) the registration fees at the following rates, namely :—
| Rs. | ||
| (i) | Tenant Ownership Housing Societies | 5000 |
| (ii) | Tenant Co-partnership Housing Societies having, | |
| (A) | Units or Flats Upto 25 | 2500 |
| (B) | Units or Flats Upto 26-50 | 5000 |
| (C) | Units or Flats Upto 51-250 | 7500 |
| (D) | Units or Flats Above 250 | 10000 |
| (iii) | Other Housing Societies | 5000 |
| (iv) | Housing Societies of Backward Class Persons | 50 |
| (v) | Housing Societies under Lok Awas Yojana | 50 |
| (vi) | Co-operative Housing Association | 5000 |
| (vii) | Association of Societies | 5000 |
(3) The application shall be submitted to the Registrar by registered post, hand delivery or electronic mode.
106C-4. Conditions to be complied with for admission to membership, etc.- No person shall be admitted as a member, except associate or provisional member of a society, unless,—
(a) he has applied in writing in the form specified in the Bye laws of the society for membership alongwith value of at least five shares and entrance fee of rupees five hundred ;
(b) applicant has submitted, alongwith the application for membership of the Society, a certified copy of the agreement, duly stamped and registered entered into by him with the Promoter Builder or Transferor; or Registered Gift deed or any other similar legal instruments mentioned in various Acts ;
(c) his application is approved by the committee of the society :
Provided that, if the application is made by any person as defined in section 154B-1(20) (ii to xii), then the application for membership shall also be accompanied by a resolution authorising it to apply for such membership.
106C-5. (i) Any person defined in section 154B-1 (18) (a) may apply for being an Associate Member of any member in Form Y-5A alongwith a recommendation of a member.
(ii) An Associate Member ceases to be an associate member on the death of the original member or on the request of the original member for cancellation of Associate Membership who has made recommendation for his membership or on resignation or death of such Associate Member.
106C-6. (1) Procedure for admission of provisional members.—
(a) After the death of any member or joint member, the nominee of such member may apply for provisional membership in Form “Y-4”, along with an indemnity bond indemnifying the society against any future claims regarding the shares or interest of the deceased member in the property of society. If there are more than one nominee, all nominees shall make single application.
(b) Where a member of society dies without making a nomination, or no nominee comes forward for transfer, the society shall, invite applications from legal heirs of the deceased member for admitting as a provisional member, by publishing a notice in at least two local daily newspapers having wide circulation. Such notice shall also be exhibited on the notice board of the society.
(c) After taking into consideration the application received and after making such inquiry as the committee deems fit in the circumstances prevailing the committee shall if it is of the opinion that a person is a legal heir or representative of the deceased member, admit any of the legal heirs as a provisional member as per the provisions of this rule. The Applicant shall make an application in Form “Y-4” for admitting as a provisional member alongwith Indemnity Bond.
(d) If there are more claimants than one, they shall be asked to make an affidavit as to who should become the provisional member. The person named in the affidavit shall furnish an Indemnity Bond alongwith his application, as mentioned in sub-rule (a).
(e) If the claimants do not come to an agreement, as to who should become the provisional member, the committee shall call upon them to produce a legal heirship certificate or succession certificate or a letter of administration from the competent court.
(f) A provisional member shall cease to be a provisional member once the names of the legal heirs are entry on record.
(g) A provisional member shall not have any right, title or ownership of the property and his name shall not be included on the share certificate.
(2) Procedure for Transfer on basis of family arrangement.—
(a) After the death of any member or any of the joint members, the legal heirs of such member or any of the joint members may enter into a duly registered deed of family arrangement recording the terms and conditions with respect to the share, right, title, and interest in the flat held by the deceased member or joint member in the property of the society.
Explanation I.— Family Arrangement means an arrangement or settlement reached between the legal heirs or representative of the deceased member of the society.
(b) The legal heirs shall thereafter make an application in Form Y-5 to the society, along with the duly registered deed of family arrangement and an indemnity bond indemnifying the society against any claims made to the shares, right, title, or interest in the flat of the deceased member or joint member in the property of the society at any time in the future, by any person.
(c) The committee shall, after receipt of the application, immediately publish a public notice in two daily local newspapers having wide circulation, inviting any claims or objections regarding the proposed transfer of shares, right, title, and interest in the flat held by the deceased member or joint member. Such notice shall also be exhibited on the notice board of the society.
(d) If no claim or objections are received within a prescribed time period, the committee may transfer the share, right, title and interest in the flat of the deceased member or joint member to the legal heirs as provided in the duly registered family arrangement.
(e) If any claims or objections are received from any person claiming to be the legal heir of the deceased member or joint member or having any dispute pertaining to the duly executed family arrangement, then the committee shall not transfer the right, title or interest of the deceased member and inform such legal heirs to obtain a legal heirship certificate or a letter of administration from the court of competent jurisdiction.
106C-7. Co-operative education and training for members, officers, and employees of housing societies.-— (1) Every Co-operative Housing Society, Association of Societies, or Co-operative Housing Association shall organize annual education and training programs for its members, officers, and employees through the State Federal Society or the State Apex Training Institutes notified by the State Government.
(2) Every co-operative housing society shall contribute rupees ten per member per month to the Co-operative Education and Training Fund, and every Co-operative Housing Association or Associations of societies shall contribute rupees one thousand annually to this fund. Such contributions shall be collected annually and used within the financial year, or the following year, for training programmes.
(3) As far as possible period of education and training shall be,—
(a) for member at least one session of three hours, annually,
(b) for members of committee, office bearer and employees at least two sessions of three hours, annually.
(4) The State Federal Society or the State Apex Training Institute notified by the State Government shall arrange to cater the co-operative education and training to the members, officers and employees of the Co-operative Housing Society, Association of Societies, or Co-operative Housing Association.
(5) The State Federal Society or State Apex Training Institutes to be notified by the State Government shall have,-
(a) registration under the provisions of the Act or any other Act ;
(b) a State wide operational area;
(c) provisions in their bye-laws for providing co-operative education and training to the members, officers and employees of the society;
(d) adequate infrastructure to provide co-operative education and training to the societies;
(e) qualified teaching and non-teaching staff; and
(f) adequate experience in the field of imparting co-operative education and training.
(6) The societies shall, every year make provision and contribute to Co-operative education and training fund of the notified State Federal Societies or State Apex Training Institutes.
106C-8. Nomination of persons.—(1) A member or joint member of a co-operative housing society may nominate any person or persons for provisional membership by submitting the prescribed nomination form, as outlined in the society’s bye-laws. The nomination form must be signed by the member submitted to the society during their lifetime. In case of Joint members, separate nomination form shall be submitted for each member for their respective share.
(2) Any nomination made may be revoked or varied by submitting a new nomination form, by following procedure specified in the society’s bye-laws.
106C-9. Maintenance of Register.— The name and address of every person nominated for the purpose of provisional membership, as well as any revocation or variation of such nomination, shall be entered in the register maintained under rule 32.
106C-10. Conditions for borrowing by societies with limited liability.— No housing society shall incur liability exceeding ten times the total amount of its paid-up share capital, accumulated reserve fund, amount contributed by members towards land and building, and the building fund, minus accumulated losses:
Provided that, at the time of self-redevelopment and self development, housing society may borrow up to ten times the value of the land, as per the valuation report obtained a by the society from a Government-approved valuer.
106C-11. Creation of funds.— The society may establish and maintain the following funds, as approved by the general body, namely :—
(1) Reserve fund.— The society shall establish reserve fund which shall consist of,—
(a) all entrance fees received by the society from its members ;
(b) all transfer fees or charges or premium received by the society from its members on transfers of membership ;
(c) the amounts allocated to this fund from the net profit or surplus of that year, in accordance with the provisions of sub-sections (1) and (2) of section 66 ;
(d) all donations received by the society, except those designated for specific purposes.
(2) Sinking fund.—The Society shall establish Sinking Fund which shall consist of contributions collected from its members at a rate determined in the general body meeting, subject to a minimum of 0.25 per cent. per annum of the construction cost of each flat, incurred during the building’s construction and certified by the Architect. This fund shall be used for heavy repairs, as approved by the general body.
(3) Repair and maintenance fund.—The Society shall establish Repair and Maintenance Fund which shall consist of contributions collected from its members at a rate fixed in the general body meeting, subject to a minimum of 0.75 per cent. per annum of the construction cost of each flat, incurred during the construction of building and certified by the Architect. This fund shall cover expenses for routine recurring repairs of the buildings or properties of the Society.
(4) Major repair fund.— The Society shall establish Major Repair Fund which shall consist of contributions collected from its members at a rate fixed pro-rata on an area basis, as and when required, and decided by the general body. The Major Repair Fund shall be used for significant repair and maintenance work on the society’s building and property.
(5) Education and training fund.— The Society may establish Education and Training Fund which shall consist of contributions collected from its members.
(6) Election Fund.— The Society shall establish election fund which shall consist of contributions collected from its members. The society shall collect contributions equally from all members for conducting elections of the managing committee, as decided by the general body.
(7) Welfare Fund.— The Society may establish Welfare Fund which may consist of voluntary contributions collected from its members. The welfare fund may be used for social, cultural and recreational activities organized by the society.
(8) Corpus fund.— The Society may maintain Corpus Fund.
(9) Any other funds with permission of the general body.— The Society may establish any other additional funds for specific purposes with contributions collected equally from all members, subject to approval of general body.
106C-12. Levy of charges.— (1) The contributions to be collected from the members or unit holders of the society, for the funds and the rates specified therein are as follows, namely :-
(a) service charges ;
(b) property tax ;
(c) water charges ;
(d) expenses on repairs and maintenance of the lifts of the society, including charges for running the lift or installation of new lifts ;
(e) car parking charges ;
(f) interest on defaulted charges ;
(g) repayment of the installment of the loan and interest ;
(h) non-occupancy charges ;
(i) insurance charges ;
(j) lease rent ;
(k) non-agricultural tax ;
(l) contribution towards various funds created by the society ;
(m) any other charges approved by the general body at its meeting, however such charges should not contradict the provisions of the Act and rules.
(2) The service charges of the society referred to in sub-rule (1) above shall include the following, namely :—
(a) salaries of the office staff, lift men, watchmen, mail’s, and any other employees of the society ;
(b) where the society has an independent office, the property taxes, electricity charges, water charges, etc., for the same ;
(c) printing, stationery and postage ;
(d) travelling allowance and conveyance charges to the staff and the members of the committee of the society ;
(e) sitting fees paid to the members of the committee of the society ;
(f) annual subscription of the housing federation and any other cooperative institution to which the society is affiliated ;
(g) entrance fees for affiliation to the housing federation and any other cooperative institution;
(h) audit fees for internal, statutory, re-audit, and test audit, if any ;
(i) expenses incurred at meetings of the general body, the committee, and the subcommittees, if any ;
(j) retainer fees, legal charges and territory enquiry fees ;
(k) common electricity charges.
(4) Share of charges.— The committee shall apportion the share of each member or unit or flat holder towards the charges on the society on the following basis.—
| Sr. No. | Charges | Nature of apportion |
| (1) | (2) | (3) |
| 1. | Service charges | equally divided by number of units or flats. |
| 2. | Property tax | As fixed by the local authority and for common area on the basis of carpet area of each unit or flat. |
| 3. | Water charges | on the basis of total number and size of inlets or taps provided in each flat as per the sanctioned building plan by the competent authority. |
| 4. | Expenses on repairs and maintenance of the lift of the society including charges for running the lift or installation of new lift | on the basis of unit or flat, equally divided by the number of units or flats of the building in which lift is provided. |
| 5. | Car parking charges | at the rate fixed by the general body |
| 6. | Interest on defaulted charges | at the rate fixed by the general body not exceeding simple interest 12% per annum. |
| 7. | Repayment of the installment of the loan and interest | the amount of each installment with interest as fixed by the financial agency. |
| 8. | Non-occupancy charges | 10% of service charges. |
| 9. | Insurance charges | as per the carpet area of each flat: Provided that if there is increase in the insurance premium due to storing any specific goods in any flat or unit used for commercial purposes than the extra burden of insurance premium shall be shared by those who are responsible for such increased premium in the proportion of the carpet areas to their flats. |
| 10. | Lease rent | the carpet area of each unit or flat |
| 11. | Contribution towards | |
| (i) Sinking fund | At the rate fixed by the general body subject to minimum 0.25% per annum of the construction cost of each flat or unit | |
| Sr. No. | Charges | Nature of apportion |
| (1) | (2) | (3) |
| (ii) Repair and maintenance fund | At the rate fixed by the general body subject to minimum 0.75% per annum of the construction cost of each flat or unit | |
| (i) Major repair fund | The carpet area of each flat/ unit. | |
| (ii) Education and training fund | Ten rupees per member or as per the rates fixed by the Government for each member, from time to time whichever is higher. | |
| (iv)Election fund | Equally by members | |
| (vi)Welfare fund | Voluntarily by members | |
| (vii) Any other fund | Equally by members | |
| (i) Amenities charges | Equally by members. | |
| (v) Playground, garden, jogging track | Equally by members. |
106C-13. Management of housing societies.—
(1) Adoption and governance by Model Bye-laws.—
(a) The management of every housing society, association of society, or co-operative housing association shall be governed by the bye-laws of the society approved by the Registrar. Bye-laws of the society shall form the core governance framework for the society.
(b) The Registrar of Co-operative Societies shall issue the model bye-laws for the housing society, Association of Societies and Co-operative Housing Association.
(c) Every housing society, Association of Society, or Co-operative Housing Association may adopt the model bye-laws within three months from the date of their publication through the Registrar.
(2) Duties and functions of Managing Committee.—
(a) The Managing Committee shall execute decisions taken by the general body, prepare the annual budget, maintain financial records and ensure timely audits, repairs and maintenance of the property of the society.
(b) The committee may with the approval of the general body, appoint professionals such as architects, contractors, etc., for projects of the society and for the purposes of the society.
(c) The committee shall also ensure that the society adheres to the model bye-laws adopted by it and perform duties as per the model bye-laws.
(3) General Body,—
(a) The general body shall be the supreme decision-making authority in the society and its decisions are binding on the managing committee, which is responsible for implementing them.
(b) The general body shall have the power to resolve matters that fall within its jurisdiction as per the Act, rules, bye-laws and Government directives issued under section 79A of the Act and directions issued by the Registrar under section 154B-21 of the Act :
Provided that, the participation of members in a general body meeting may be either in person or through video conferencing or other audio visual means, to be provided by the society, which are capable of recording and recognising the participation of the members and storing the proceedings of such meeting along with date and time.
(c) The annual general body meeting (AGM) shall be held every year as per the provisions of section 75 of the Act.
(d) The notice and the agenda of the annual general body meeting (AGM) shall be in accordance with the provisions of the Act and the bye-laws.
(f) The quorum for the general body meeting (AGM or SGM) shall be two-third of the total members or twenty members, whichever is less.
(e) If there is no quorum, within half an hour after the time appointed for general body meeting of the society, the meeting, if convened upon the requisition of the members, shall be dissolved. In any other case, it shall be adjourned to a later hour on the same day and at the same place, as may have been specified in the notice, calling the general body meeting of the society or to a subsequent date, not earlier than seven days and not later than thirty days and at such adjourned general body meeting, the business on the agenda of the original general body meeting shall be transacted, whether there is requisite quorum or not.
(f) Decisions at the general body meeting (AGM) shall be passed by a majority vote of fifty-one per cent of the total members of the society present, including those attending through video conferencing.
(g) A special general body meeting under section 76 of the Act may be called by giving five clear days notice.
(h) For redevelopment matters, a fourteen clear days notice period is mandatory and the quorum for redevelopment-related special general body meeting shall be two-third of the total members of the society. Such meeting shall be conducted in the presence of the representative of the Registrar. Video recording of the meeting for re-development shall be made and kept in custody of the Chairman and one copy of the said shall be kept in the office of the Assistant or Deputy Registrar for Co-operative Societies within whose jurisdiction the society is located.
(i) A resolution for the selection of a developer or contractor for redevelopment shall be passed by a majority of fifty- one per cent. of the total members of the society including those attending through video conferencing :
Provided that, the representative of the Registrar shall submit a factual report to the Registrar regarding the conduct of the meeting and the Registrar shall communicate the same to the society.
(4) Casual Vacancies in the Committee.—
(a) A casual vacancy in the committee, arising due to the death, resignation, disqualification, removal or incapacity of a member or any other reason before the expiry of their term, may be filled by the Managing Committee.
(b) The Secretary or a person authorized in that behalf shall invite nominations from members by giving a seven day notice on the society’s notice board.
(c) After scrutinizing the nominations, the valid nominations shall be placed before the committee.
(d) If the number of valid nominations exceeds the vacancies, the committee shall fill the vacancies by majority vote.
(e) The term of the co-opted member shall be coterminous with the term of the committee members.
(5) Maintenance and repairs.—
(a) The managing committee is responsible for maintaining and repairing of the society property.
(b) The managing committee shall be competent to incur expenditure on the repair and maintenance of the property of the society once in a financial year provided the one-time expenditure does not exceed,—
(i) for societies having upto 25 members,
Rupees 1,00,000
(ii) for societies having 26 to 50 members,
Rupees 2,00,000
(iii) for societies having 51 to 100 members,
Rupees 3,00,000
(iv) for societies having 101 to 1000 members
Rupees 4,00,000,
(v) for societies having 1001 and above members
Rupees 5,00,000
106C-14. Grant of certificate for recovery under section 154B-29.—
(1) Application for grant of certificate for recovery.—
(a) Every application for the grant of a certificate for recovery under section 154B-29 shall be submitted in form “Y-6” alongwith a court fee of rupees one hundred.
(b) The application must specify the dues the society claims from the person against whom the amount is due.
(c) The application shall clearly state whether the person from whom the amount is claimed is a member of the society or not.
(2) Application shall be accompanied with,-
(a) a letter of authority, authorizing an officer or a representative to submit the application and represent the society before the Registrar.
(b) a certified true copy of the up-to-date account of dues or personal ledger of the defaulting member or occupier.
(c) a certified true copy of the resolution approving the levy of charges or major repair funds or construction costs.
(d) a certified true copy of the resolution approving the levy of simple interest on the dues.
(e) the original treasury challan or any other proof of the deposit of fees.
(f) a copy of the notice issued by the society.
(3) Scrutiny and registration of application.—
(a) Upon receiving the application, the Registrar shall ensure that the application is complete before proceeding to register it.
(b) If the application is incomplete, the Registrar may direct the society to rectify the deficiencies within seven days.
(c) After compliances of the requirements, the application shall be registered. If the requirements are not complied with, within the period specified, the Registrar shall dismiss the application.
(d) After registration, the Registrar shall, within fifteen days, issue a notice to the opponent, requiring them to file a written statement on the specified day, date and place as specified in the notice.
(e) The notice shall be served through hand delivery, registered post acknowledgment due, or if the opponent could not be easily found by publication of public notice thereof in at least one local daily newspaper.
(f) The provisions of the Code of Civil Procedure, 1908 (5 of 1908) shall mutatis mutandis apply to such public notice.
(g) The expenses for the publication of the notice shall be borne by the applicant. (4) Appearance of parties and consequences of non-appearances.—
(4) On the date fixed as aforesaid, the opponent shall appear either personally or through his advocate or his representative before the Registrar and shall file a written statement in his defense. The Registrar may grant adjournment for a period not exceeding fifteen days in the first instance to file a written statement.
(a) On the date of hearing, if the applicant appears and the opponent or any of the opponents, if more than one, does not or do not appear, as the case may be, the Registrar shall after satisfying himself that all the opponent are duly served the notices, order the applicant to prove the claim on the next date and decide the application ex-parte :
(b) Provided that, before deciding the application, if the opponent appears and shows a sufficient cause for his non-appearance on the earlier occasions, he shall be heard in the matter as if he had appeared before the Registrar on the first day.
(c) If, on the date fixed for the hearing, the opponent appears and applicant does not appear,—
(i) the Registrar may issue a recovery certificate in Form “Y-7” as admittance by the opponent ;
(ii) non-appearance of the applicant would not be reason for dismissal of the claim and the Registrar shall decide the application on merit.
(5) Production and Inspection of documents.—
(a) The parties shall file the documents referred to in the pleadings of statment of defence, as the case may be, at the time of filing an application if the Registrar is satisfied that any document is relevant and the same is in the custody of the opposite party, then he may, by an order in writing, direct such party to produce such document on the next date of hearing:
(b) provided that such application shall not be entertained from the defendant before filing his written statement in defence.
(c) If the party so ordered, fails to produce such documents on the next date of hearing, the Registrar may draw adverse inference against such party and hearing of the original application shall not be postponed till filing of documents or for the reasons of such non compliance of the order.
(d) If the Registrar is satisfied that the documents required to be produced, cannot be brought before the Registrar for sufficient reasons, the Registrar may allow the defendant to carry out inspection of the documents within seven days from the date of order of such inspection.
(e) If the Registrar is satisfied that the defendant had no access to the documents and earlier and the filing of additional statement is necessary, he may allow the filing of such additional statement.
(6) Procedure for hearing of application.—
(a) On receipt of the replies, the Registrar shall proceed to hear oral arguments of parties and shall close the proceeding for the order.
(b) Every endeavour shall be made by the Registrar to decide the application within three months from the first date of hearing :
Provided that the Registrar may decide the application but not beyond the period of three months for the reasons to be recorded in writing.
(7) Judgment, Order and Certificate.- After hearing arguments of the parties, the Registrar shall issue a reasoned judgment and pass an order for grant or rejection of the application. The Registrar, thereafter, shall issue a Certificate in form “Y-7”. The judgment and the certificate shall bear signature of the Registrar and date on which it is passed.
16. In rule 107 of the principal Rules, in sub-rule (1), in clause (e),—
(1) after the words, brackets, and figures and “or under sub-section (1) of section 137” the words, brackets, figures and letter “or sub-sections (1) and (2) of section 154B-29” shall be inserted;
(2) in the proviso, after the words, brackets, and figures “under sub-section (1) or (2) of section 101” the words, brackets, figures and letter “or sub-sections (1) and (2) of section 154B-29” shall be inserted.”.
17. Forms J-1 and J-2 appended to the principal Rules shall be deleted.
18. Forms M-1 to M-19 appended to the principal Rules shall be deleted.
19. After Form-Y appended to the principal Rules, following Forms shall be added, namely :-
