General information about the law and the model bye-laws, not legal or professional advice. Your society's registered bye-laws and general-body resolutions may differ, and the law changes. For a dispute or a decision with legal or financial consequences, consult the Registrar's office, an advocate or a chartered accountant.
The builder is not cooperating in forming our society. Which documents can we purchasers file for the name reservation ourselves?
Purchasers can apply without the builder. For a flat-owner (tenant co-partnership) society, Form Y-1 needs the promoters' resolution electing a Chief Promoter, the commencement or completion certificate certified by an architect, and a copy of one purchaser's agreement with the builder. Copies of the certificates are usually available from the planning authority or from purchasers' own agreements.
Rule 106C-2(1) lists what goes with Form Y-1: (i) the resolution of the promoters' meeting electing and authorising the Chief Promoter, with its minutes; and (ii) for a tenant co-partnership or premises society, the commencement certificate or building completion certificate certified by an architect. Form Y-1 also asks for a copy of one purchaser's agreement with the builder. None of these needs the builder's signature. Registered agreements for sale usually annex the commencement certificate and approved plans, and the planning authority issues certified copies. An architect engaged by the promoters can certify them. The builder's legal duty to form the society within three months of a majority of allottees booking (RERA s.11(4)(e); MOFA s.10) does not stop purchasers from acting themselves. The builder's failure can be raised before MahaRERA, and the builder must hand over formation deposits it collected (see builder_handover entries). Keep a record that the builder was asked (letters and replies). The Registrar may want to know why the builder has not joined, and the society may later need it for deemed conveyance.
Legal basis: Rule 106C-2(1); Form Y-1; RERA 2016 s.11(4)(e); MOFA s.10
Last checked: 2026-09-30
Can a housing society be registered before the building gets its occupation certificate?
Yes. For a tenant co-partnership (flat-owner) society the Rules accept a commencement certificate, certified by an architect, as well as a completion certificate. So a society can be formed while construction is under way, once enough purchasers have joined. The occupation certificate matters later, for possession and conveyance.
Rule 106C-2(1)(ii) asks, for a tenant co-partnership or premises society, for "the commencement certificate or building completion certificate" certified by an architect. The Act requires at least ten qualified persons from different families (s.6(1); see formation_byelaws-001), and RERA requires the promoter to enable formation within three months of a majority of allottees having booked (s.11(4)(e)). Both point to formation during construction. A society formed early can deal with the builder collectively, collect and hold its own funds, and pursue the occupation certificate, handover and conveyance. Until possession, members pay only what the bye-laws and the purchase agreements permit. The builder remains liable for maintenance of unsold flats and for outgoings until handover (see builder_handover entries). For a tenant ownership (plotted) society, Form Y-1 instead needs a tentative or sanctioned layout and the land agreement or vendor's consent (Rule 106C-2(1)).
Legal basis: Rule 106C-2(1)(ii); Form Y-1; MCS Act s.6(1); RERA 2016 s.11(4)(e)
Last checked: 2026-09-30
Our Chief Promoter collected share money and entrance fees before registration. What are the rules on that money?
Share money collected for a society in formation must be deposited in the bank account the Registrar permitted, within a reasonable time. It cannot be used for any business before registration. Collecting money by misrepresentation, or not depositing it, is an offence under the Act, punishable with fine and, in some cases, imprisonment.
Rule 106C-2 grants permission to open a bank account in the proposed society's name. The bank's certificate of the balance is filed with the registration application (Rule 106C-3). Each member deposits the value of at least five shares and an entrance fee of Rs 500 (Rule 106C-4). Section 146 makes it an offence: - (d) not to deposit share money collected for a society in formation within a reasonable period in a
co-operative bank or postal savings bank (fine up to Rs 500, s.147(d));
- (e) to use funds so raised for business or trading in the name of the society to be registered
(imprisonment up to one year, or fine, or both, s.147(e));
- (e-1) to collect share money or other sums by misrepresentation in the name of a society to be
registered (imprisonment up to three years, or fine up to Rs 5,000, or both, s.147(e-1)).
Prosecution needs the Registrar's sanction (s.148(3)). Promoters should get a receipt for every payment, check the bank certificate before the application is filed, and ask the Chief Promoter to hand over the accounts to the provisional committee (see formation_byelaws-304).
Legal basis: Rules 106C-2, 106C-3, 106C-4; MCS Act ss.146(d), (e), (e-1), 147, 148(3)
Last checked: 2026-09-30
After registration, what must the Chief Promoter hand over, and how long does the first (provisional) committee last?
The draft 2026 bye-laws require the Chief Promoter to hand over all records and assets immediately after the provisional committee is elected or nominated, with a written handover report. The provisional committee has full committee powers and holds office for one year or until a regular committee is elected, whichever is earlier.
dBL 91 lists what the Chief Promoter hands to the Chairman or an authorised committee member: the registration application and papers, registered bye-laws, certificate of registration, bank documents and passbooks, agreements, statement of accounts, membership applications, vouchers, cash, plans and construction documents, minutes of the first general meeting, correspondence, and all other records in physical or digital form. He prepares a handover report and keeps nothing (dBL 91(c)). The provisional or nominated committee has all the powers of an elected committee (dBL 92) and holds office for one year or until the regular committee is elected, whichever is earlier (dBL 93). It then hands over to the elected committee (dBL 94). The 2014 bye-laws also have the Chief Promoter convene the first general meeting and hand over. The Act's handover duty on election (s.160) and the Registrar's seizure power (s.80) back this up if records are withheld (see disputes_forums-314). The first general meeting is held within three months of registration (see builder_handover-004).
Legal basis: dBL 91-94; MCS Act ss.80, 160
Last checked: 2026-09-30
The Registrar refused to register our society. What can the promoters do?
The Registrar must give the refusal with reasons. The promoters can appeal within two months of communication: to the State Government if the Registrar, an Additional Registrar or a Joint Registrar refused, otherwise to the Registrar. They can also cure the defects and apply afresh.
Section 9(3) requires a refusal to be communicated with reasons. An order under s.9 is appealable under s.152(1): to the State Government if made by the Registrar or an Additional or Joint Registrar with his powers, and to the Registrar if made by a lower officer. The limit is two months from communication (s.152(3)). A late appeal can be admitted for sufficient cause (s.153). Common reasons for refusal: fewer than ten qualified persons of different families (s.6(1)); missing architect certificate or promoters' resolution (Rule 106C-2); no bank certificate or share money short of the minimum (Rules 106C-3, 106C-4); proposed bye-laws inconsistent with the Act or Rules; or a name that is not acceptable. Where the defect is curable, a fresh or amended application is usually quicker than an appeal. Remember the other side of the clock: if the Registrar does not decide within two months, the application must go to the next higher officer, and if he too fails, the society is deemed registered (s.9(1)-(2); see formation_byelaws-003).
Legal basis: MCS Act ss.6(1), 9(1)-(3), 152, 153; Rules 106C-2 to 106C-4
Last checked: 2026-09-30
Can a registered society be de-registered because its registration was obtained by misrepresentation?
Yes. If the Registrar is satisfied that a society was registered on applicants' misrepresentation, or its purpose is exhausted or not served, he may de-register it after hearing the Chief Promoter, the committee and the members. An Official Assignee then winds up its assets and liabilities. The order is appealable.
Section 21A(1) allows de-registration on three grounds: registration on misrepresentation by the applicants; the work of the society being completed or exhausted; or its purposes not being served. A hearing must be given to the Chief Promoter, the committee and the members; for a large society a public notice can stand for individual notices. The Registrar can then appoint an Official Assignee, who realises assets and settles liabilities within one year, extendable to three years in all (s.21A(2)-(3)). The registration is cancelled and the society ceases to exist (s.21). Both bye-laws list "registration of society on misrepresentation" as a Registrar matter (BL 173(a)(ii); dBL 190(A)(i)). Typical cases: a society registered by a builder with names of persons who were not purchasers, or two societies registered for the same building. An order under s.21A is appealable under s.152 within two months. For members of a working society the step is drastic. Usually the better remedy is correcting membership through the Registrar or the Co-operative Court. Take advice before asking for it.
Legal basis: MCS Act ss.21, 21A(1)-(3), 152; BL 173(a)(ii); dBL 190(A)(i)
Last checked: 2026-09-30
Our society has several buildings and they want separate societies. What is the procedure to divide the society?
Apply to the Registrar with the full scheme and get his approval first. Then hold a special general meeting on at least 15 clear days' notice and pass the division by two-thirds of the members present and voting. If liabilities move, give Form G notice with a one-month option. Report to the Registrar, who registers the new societies and cancels the old one.
Section 17(1)(c) lets a society divide itself into two or more societies with the Registrar's previous approval, by a two-thirds majority of members present and voting at an SGM held for the purpose. Rule 16 sets the steps: - (1)-(2) an application to the Registrar with full details; he approves if it is in the society's interest; - (3) an SGM on at least 15 clear days' notice to all members and creditors. The resolution sets out the
purpose and the full scheme. Where liabilities transfer, a Form G notice goes to members, creditors and
others affected, is published in a district newspaper and is displayed at the society and the Registrar's
office;
- (4) one month for those notified to opt: join a new society, stay, or be paid their share or dues.
Silence counts as assent;
- (5) claims of those who opt out are met; - (6)-(7) a report to the Registrar, who registers the new societies and cancels the old registration. On registration of the new societies the old society's assets and liabilities vest in them without a separate conveyance (s.17(2)). Pending proceedings continue (s.17(3)). Each new society needs its own bye-laws, bank account and committee. For shared land and amenities, see formation_byelaws-308.
Legal basis: MCS Act s.17(1)(c), (2)-(4); MCS Rules r.16(1)-(7); Form G
Last checked: 2026-09-30
When a society divides into building-wise societies, how are the land, funds, common amenities and conveyance shared?
The division scheme decides it, and the Registrar approves it. Each new society takes the assets and liabilities the scheme gives it, and registration vests them without a separate conveyance. Shared land and amenities can be kept jointly through an association of societies or a co-operative housing association formed under the 2026 Rules.
Section 17(2) says that on division the registration of the new societies is sufficient conveyance to vest the old society's assets and liabilities in them, notwithstanding the Transfer of Property Act and the Registration Act. What goes where is set by the scheme in the SGM resolution (Rule 16(3)). A sound scheme covers: - funds: sinking fund, repair fund and reserve fund split by the contributions of each building's members,
or by carpet area, as the scheme says. Rule 106C-12 now bases several charges on carpet area;
- dues and deposits of each member following the member; - land and common areas: the plot, internal roads, club house, garden, water tanks and STP. If they cannot
be split, keep them under an association of societies (at least five societies) or a co-operative housing
association (at least two), formed under Rule 106C-2(2);
- conveyance: if the old society had conveyance, vesting follows s.17(2). Land records and the property card
then need mutation. If it had none, the new societies or the association pursue it together;
- staff, contracts and litigation: who continues which. Get a chartered accountant's apportionment statement and an advocate's review of the land position before the SGM. A dispute between the new societies about the scheme goes to the Co-operative Court under s.91.
Legal basis: MCS Act s.17(2)-(3), s.91; MCS Rules r.16(3); Rules 106C-2(2), 106C-12
Last checked: 2026-09-30
One wing wants to separate but the rest of the society will not agree. Can the Registrar order a division?
Possibly. Apart from a voluntary division under s.17, the Registrar can direct amalgamation, division or reorganisation under s.18 where it is essential in the public interest, in the interest of the co-operative movement or for proper management. He must first consult the notified federal society, send a draft order and consider objections for at least two months.
A voluntary division needs a two-thirds majority of the whole society's members present and voting (s.17), so a minority wing cannot force it through a general meeting. Section 18(1) gives the Registrar an independent power: where he is satisfied that division is essential in the public interest, in the interest of the co-operative movement, or to secure proper management, he may order it, after consulting the federal society notified by the Government. Safeguards (s.18(2); Rule 17): - the Registrar prepares a draft scheme stating how the new committees are constituted and which bye-laws
apply;
- a copy goes to each society, which invites objections from members and creditors; - objections are considered over a period of not less than two months; - a member who objected may apply to be paid his share or interest. Arguments that support a wing's case: separate structures and services, separate maintenance accounts in practice, persistent deadlock, and a redevelopment position that differs by building. An order under s.18 is appealable under s.152.
Legal basis: MCS Act ss.17(1), 18(1)-(2), 152; MCS Rules r.17(1)-(4)
Last checked: 2026-09-30
Two neighbouring societies want to merge, for example for joint redevelopment. How is an amalgamation done?
Each society applies for the Registrar's approval, then passes the amalgamation by two-thirds of members present and voting at an SGM on 15 clear days' notice. Where liabilities move, members and creditors get a one-month option. The Registrar registers the amalgamated society and cancels the old registrations. The resolutions themselves vest the assets.
Section 17(1)(a) and Rule 16 apply to amalgamation as to division (see formation_byelaws-307): application and approval, the SGM resolution with the full scheme, Form G notice and newspaper publication if liabilities transfer, the one-month option, payment of those who opt out, and the Registrar's registration of the amalgamated society. On amalgamation the resolutions of the societies are sufficient conveyance to vest their assets and liabilities in the amalgamated society (s.17(2)). The old registrations are cancelled (ss.17(4), 21), and legal proceedings continue against the new body (s.17(3)). Alternatives worth comparing: for joint redevelopment or shared amenities, the 2026 Rules offer an association of societies or a co-operative housing association (Rule 106C-2(2)). Each society then keeps its identity. The draft bye-laws also mention cluster and federation-led redevelopment (dBL 150). Amalgamation is permanent. It merges funds, liabilities and disputes, and every member's vote counts in the new society. Redevelopment decisions still follow the s.79A directive and Rule 106C-13(3)(i)-(j) in each society.
Legal basis: MCS Act s.17(1)(a), (2)-(4), s.21; MCS Rules r.16; Rules 106C-2(2), 106C-13(3)(i)-(j); dBL 150
Last checked: 2026-09-30
I voted against our society's division (or merger). What are my rights as a dissenting member?
Where the scheme transfers liabilities, you get a notice giving you one month to choose: join a new society, continue in the amalgamated or converted society, or demand payment of your share or interest. Claims of those who opt out must be met before the Registrar gives effect to the scheme. In a Registrar-directed division you can object and apply for payment.
Section 17(1) proviso and Rule 16(3)-(5): when the scheme involves transferring liabilities, the society gives notice (Form G) to all members and creditors. Each may, within one month, opt to become a member of a new society, continue in the amalgamated or converted society, or demand payment of his share, interest or dues. Anyone who does not opt is deemed to assent. The Registrar passes no order until claims of those who opt have been met in full or otherwise satisfied. In a housing society a flat owner rarely wants only his share money. His real interest is the flat and the right of occupancy that goes with membership. So the practical questions are which new society the flat falls in and on what terms. Raise them at the SGM and in writing before the vote, and ask for them to be recorded. Under s.18 (a division directed by the Registrar), a member who objected within the period can apply to the Registrar for payment of his share or interest (Rule 17(3)). If the procedure was not followed (notice, quorum, majority, scheme not disclosed), the resolution can be challenged in the Co-operative Court under s.91. The Registrar's approval or order can be appealed under s.152.
Legal basis: MCS Act s.17(1) proviso, ss.18, 91, 152; MCS Rules r.16(3)-(5), r.17(3)
Last checked: 2026-09-30
Can a housing society change its class, for example from a tenant ownership society to a tenant co-partnership society, or to a premises society?
Yes, by "conversion" under s.17(1)(d): the Registrar's prior approval, then a two-thirds majority of members present and voting at an SGM on 15 clear days' notice, and the same notice and option procedure where liabilities move. The Registrar registers the converted society. Its bye-laws must match the new class.
Section 17(1)(d) lets a society convert itself into another class with the Registrar's previous approval, by a resolution passed by two-thirds of members present and voting at an SGM. Rule 16 gives the procedure (see formation_byelaws-307). On conversion, registration of the converted society vests the assets and liabilities in it (s.17(2)), and rights and proceedings continue (s.17(3)). Separately, the Registrar classifies each society by its principal object (s.12; Rule 10) and may alter the classification for reasons recorded in writing (s.12(2)). The 2026 amendment lists the housing sub-classes: tenant ownership, tenant co-partnership, other (house mortgage, house construction and premises), and the new co-operative housing association and association of societies (see formation_byelaws-005). Why convert: a plotted layout where members now hold flats; a commercial premises society; a building whose title structure changed after conveyance or redevelopment. The model bye-laws differ by class, so adopt the matching model at the same time (s.13). Fees for the new class follow Rule 106C-3(2)(d).
Legal basis: MCS Act ss.12, 13, 17(1)(d), (2)-(3); MCS Rules r.10, r.16; MCS (Amendment) Rules 2026 cl.5 (Rule 10); Rule 106C-3(2)(d)
Last checked: 2026-09-30
How much notice is needed for a bye-law amendment, and can it be brought up under "any other business"?
Under the 2014 bye-laws the proposal must reach all members 14 days before the general meeting that considers it. It can never be taken up as "any other business": the Rules and both sets of bye-laws require due notice of the proposed amendment itself. Send the actual text, not a one-line agenda item.
BL 165: no bye-law may be made, altered or abrogated unless (i) the proposal was communicated to all members 14 days before the general meeting, (ii) it is passed by at least two-thirds of the members present and voting, and (iii) the Registrar approves and registers it. Rule 12(2) requires due notice under the bye-laws for considering any amendment, and Rule 12(4)(c) requires a copy of that notice to go to the Registrar with the amendment. The AGM may take up other matters with the chair's permission, "excepting those requiring proper notice" (BL 94(k)). The draft 2026 bye-laws say no resolution on amending bye-laws shall be brought before any general meeting without due notice strictly under the Act and Rules (dBL 103). Good notice practice: the existing bye-law, the proposed text and the reasons side by side (Rule 12(4)(a) asks for the same with the filing); the meeting date, time and place; and the mode of attendance if video participation is offered (Rule 106C-13(3)(b)). Serve it by the modes in BL 161 and on the notice board, and keep proof: the Registrar will ask for the notice. An SGM needs at least 5 clear days' notice under Rule 106C-13(3)(h). For a bye-law amendment, still give the 14 days BL 165 requires while the 2014 bye-laws apply.
Legal basis: BL 94(k), 161, 165; MCS Rules r.12(2), (4); Rule 106C-13(3)(b), (h); dBL 103
Last checked: 2026-09-30
The 2026 Rules say general-body decisions need 51 %. Does a bye-law amendment need two-thirds or 51 %, and of whom?
Two-thirds of the members present and voting. Rule 12(3) and BL 165 set that special majority for bye-law amendments, and the Chapter XI-B Rules do not displace Rule 12. The meeting also needs its quorum: two-thirds of all members or twenty, whichever is less.
Rule 12(3): an amendment is duly passed if the resolution is passed at a general meeting by not less than two-thirds of the members present and voting. BL 165(ii) says the same. Rule 12 is not in the list of rules that Rule 106C-1 disapplies for housing societies, so it continues to govern amendments. Rule 106C-13(3)(g) says decisions at the AGM are passed by a majority of fifty-one per cent of the members present, including those attending by video conference. That is the general rule for ordinary business. A specific rule for a specific kind of resolution (bye-law amendments) prevails over the general one. Other special majorities also remain: expulsion needs three-fourths (s.35), and division, amalgamation or conversion two-thirds (s.17). Quorum is two-thirds of the total members or twenty, whichever is less (Rule 106C-13(3)(e); the same as BL 99). Count votes for, against and abstaining, and record them in the minutes. The Registrar checks the majority from the minutes and the attendance sheet, including the video-conference record.
Legal basis: MCS Rules r.12(3); Rule 106C-1; Rule 106C-13(3)(e), (g); BL 99, 165; MCS Act ss.17, 35
Last checked: 2026-09-30
The Registrar returned our bye-law amendment with modifications we never passed, or refused it. What now?
The Registrar may suggest modifications, in writing with reasons, but cannot register text the general body did not pass. Either put the modified text to a fresh general meeting or explain why the original should stand. A refusal must be reasoned and can be appealed within two months.
Rule 12 lets the Registrar, where a proposed amendment may be accepted subject to modification, indicate the modification to the society with written reasons. Registration itself needs the amendment to be not contrary to the Act or Rules, and in the interest of the society and the co-operative movement. An amendment repugnant to State policy directives under s.4 cannot be registered (s.13(1B)). Options when modifications are suggested: - accept them. Because the wording changes, pass the modified text at a general meeting with due notice
and two-thirds, and file again;
- reply in writing why the text as passed complies with the Act and Rules, and ask for a decision. Refusal: s.13(3) requires the order with reasons. An appeal lies under s.152 within two months of communication, to the State Government or the Registrar depending on who decided. Delay: if the Registrar does not decide within two months, the matter goes to the next higher officer, and a further failure means deemed registration (s.13(1), (1A)). Separately, the Registrar can himself call on a society to amend a bye-law (Form E) and register it after hearing the society (s.14; Rule 13).
Legal basis: MCS Act ss.4, 13(1)-(3), 14, 152; MCS Rules r.12, r.13; Forms E, F
Last checked: 2026-09-30
I think a bye-law amendment the Registrar registered is unfair or was passed irregularly. Can a member challenge it?
Two routes are open. A challenge to how the general body passed the resolution (notice, quorum, majority) is a dispute touching the society's management for the Co-operative Court under s.91. The Registrar's order registering the amendment is an order under s.13, appealable under s.152 within two months of its communication. A civil court cannot hear it.
Section 163 bars civil courts from matters of registration and bye-laws. Section 152(1) lists orders under s.13 among appealable orders; the appeal lies to the State Government or the Registrar depending on who made the order, within two months (s.152(3)). Whether an individual member is a "person aggrieved" with standing to appeal depends on how the amendment affects him; take advice. A resolution passed without the 14 days' notice of the proposal (BL 165), without quorum or without two-thirds of those present and voting (Rule 12(3)) can be challenged in the Co-operative Court as a dispute about a general-body resolution (BL 173(b)(i); dBL 190(B)(i)). Limitation for such a dispute follows s.92 (see disputes_forums-103). Act quickly, and ask for interim relief if the amendment is being acted on (disputes_forums-304). Substantive limits also help. A bye-law cannot override the Act or the Rules, for example the 12 % interest cap or the non-occupancy charge rule in Rule 106C-12. Where it conflicts, the Rule prevails without any challenge (see formation_byelaws-014).
Legal basis: MCS Act ss.13, 91, 92, 152, 163; MCS Rules r.12(3); BL 165, 173(b)(i); Rule 106C-12
Last checked: 2026-09-30
On money matters, what changed between the 2014 bye-laws, the 2026 Rules and the draft 2026 bye-laws?
The 2026 Rules, in force since 22 Jun 2026, cap interest on arrears at 12 % simple a year (the 2014 bye-laws allowed up to 21 %). They share several charges by carpet area, list the funds a society keeps, set committee repair-spending limits and a Rs 10 per member per month training contribution, and fix membership at five shares plus Rs 500 entrance fee. The draft bye-laws add detail but are not yet law.
Binding now (Chapter XI-B Rules), whatever the society's bye-laws say: - interest on arrears: not more than 12 % simple a year (Rule 106C-12(4) item 6); - carpet area instead of built-up area for property tax on common areas, the major repair fund, insurance
and lease rent (Rule 106C-12(4));
- funds: reserve, sinking, repairs and maintenance, major repair, education and training, election,
welfare, corpus and special-purpose funds (Rule 106C-11);
- committee's one-time repair spending once a year: Rs 1 lakh (up to 25 members) rising to Rs 5 lakh
(1,001 or more) (Rule 106C-13(5)(b));
- education and training fund: Rs 10 per member per month (Rule 106C-7(2)); - membership: at least five shares and Rs 500 entrance fee (Rule 106C-4); - recovery certificate application in Form Y-6 with Rs 100 court fee (Rule 106C-14). Still from 2014 unless inconsistent: most service-charge heads (BL 65-66), the Rs 5,000 annual penalty cap (BL 164) and the copy-fee schedule (BL 170). Draft only (mh-2026-draft): interest-free payment period and a default 12 % if the general body is silent; ten shares of Rs 50 (dBL 23(b)), which conflicts with Rule 106C-4, so the Rule prevails; and the write-off procedure (dBL 144-145).
Legal basis: Rules 106C-4, 106C-7(2), 106C-11, 106C-12(4), 106C-13(5)(b), 106C-14; BL 65-66, 70, 164, 170; dBL 23(b), 144-145
Last checked: 2026-09-30
On general meetings, what is actually new in the 2026 Rules compared with the 2014 bye-laws?
The quorum (two-thirds of members or twenty, whichever is less), the adjournment rule and the 5-clear-day SGM notice are the same as in 2014. What is new: members may attend by video conference; AGM decisions are stated as 51 % of members present; and redevelopment SGMs need 14 clear days' notice, a two-thirds quorum, the Registrar's representative and a video recording.
Unchanged in substance: - quorum of two-thirds of total members or twenty, whichever is less (BL 99; Rule 106C-13(3)(e)); - no quorum in half an hour: a requisitioned meeting is dissolved, others adjourn to the same day or to a
date 7 to 30 days later, when business proceeds without quorum (BL 100; Rule 106C-13(3)(f));
- SGM on five clear days' notice (BL 98; Rule 106C-13(3)(h)); AGM under s.75 (BL 93; Rule 106C-13(3)(c)). New in the Rules: - participation in person or through video conference or other audio-visual means that record and
recognise participation and store proceedings (Rule 106C-13(3)(b));
- the general body is the supreme decision-making authority, and its decisions bind the committee (Rule
106C-13(3)(a));
- decisions by 51 % of members present, including those on video (Rule 106C-13(3)(g)); - redevelopment: 14 clear days' notice, two-thirds quorum, the Registrar's representative present, a video
recording kept by the Chairman with a copy in the Registrar's office, and developer selection by 51 % of
total members (Rule 106C-13(3)(i)-(j)).
Draft bye-laws add an AGM agenda list (dBL 95(c)), postponement of unfinished business within thirty days (dBL 102), and the chair's casting vote (dBL 100(d)).
Legal basis: Rule 106C-13(3)(a)-(j); BL 93, 98, 99, 100; dBL 95(c), 100(d), 102
Last checked: 2026-09-30
On members' rights to records and complaints, what differs between the 2014 bye-laws and the draft 2026 bye-laws?
The 2014 bye-laws give copies at fixed fees and a simple complaint route: the next committee meeting and a reply within 15 days. The Act now sets 45 days for copies. The draft 2026 bye-laws add a 7-day fee intimation, free digital copies, an inspection register and a monthly inspection day, a complaint register with 3-day acknowledgement, a grievance committee, and a dues condition for service complaints.
Records: - 2014: inspection and copies under s.32, fees in BL 170 (Rs 5-10 a page); - Act (Chapter XIII-B): inspection free and copies within 45 days of fees, with disqualification of
defaulting committee members (s.154B-8, 154B-23);
- draft: fee communicated within 7 days, register of applications and supply (dBL 38), WhatsApp or email
copies free (dBL 39(b)(14)), no disclosure of identity documents (dBL 39 note), a monthly inspection day
and a register of inspections (dBL 37), and a retention schedule (dBL 138).
Complaints: - 2014: written complaint to an office-bearer, decision at the next committee meeting, communicated within
15 days; then the forum listed in BL 173;
- draft: complaint register and acknowledgement within 3 days (dBL 185), urgent matters in about 7 days
(dBL 186), Grievance Redressal Committee for societies of more than 50 members (dBL 187), amicable
settlement first (dBL 188), an updated forum list (dBL 190), and action for malicious complaints (dBL
192). Complaints about services are entertained only when undisputed dues are paid (dBL 184(c)).
Until the final bye-laws are adopted, the 2014 procedure and the Act govern. The draft points are indications of where practice is going.
Legal basis: MCS Act ss.32, 154B-8, 154B-23; BL 170-173; dBL 37-39, 138, 184-192
Last checked: 2026-09-30
On membership, which new rules came with the 2026 Rules, and which are only in the draft bye-laws?
Binding since 22 Jun 2026: provisional membership for a nominee or heir after a member's death (Form Y-4), transfer on a registered family arrangement (Form Y-5), associate membership on the member's recommendation (Form Y-5A), separate nominations by each joint member, and five shares plus Rs 500 entrance fee. The draft bye-laws add application time limits and detailed transfer checklists.
From the Chapter XI-B Rules: - associate member: a person under s.154B-1 applies with the member's recommendation and consent (Rule
106C-5; Form Y-5A);
- provisional member: on a member's death the nominee or claimants apply in Form Y-4 with indemnity. The
provisional member ceases when the heirs are admitted (Rule 106C-6(1));
- family arrangement: transfer on a registered family-arrangement deed with public notice in two newspapers
and on the notice board (Rule 106C-6(2); Form Y-5);
- joint members may each make a separate nomination (Rule 106C-8(1)); nominations are entered in the
register (Rule 106C-9);
- minimum five shares and Rs 500 entrance fee (Rule 106C-4). Older forms J-1, J-2 and M-1 to M-19 no
longer apply to housing societies.
From the draft bye-laws only: acknowledge applications in 3 days, notify deficiencies in 7, and decide in 60 (dBL 60); share certificates within six months, with duplicates marked "Duplicate" (dBL 14-15); and registers of provisional and associate members, tenants and parking (dBL 136). Deemed membership after three months without a decision comes from the Act itself (s.22(2)).
Legal basis: Rules 106C-4, 106C-5, 106C-6, 106C-8, 106C-9; Forms Y-4, Y-5, Y-5A; MCS Act s.22(2), s.154B-1; dBL 14-15, 60, 136
Last checked: 2026-09-30
What in the "new 2026 bye-laws" is actually law today, and what is still only a draft?
As of 30 Sep 2026, the MCS (Amendment) Rules 2026 (Chapter XI-B, Rules 106C-1 to 106C-14) are law and bind every housing society. The Model Bye-laws 2026 are still a draft: objections closed on 27 Aug 2026 and no final text has been notified. A society's registered bye-laws, usually the 2014 model, apply except where the Act or the Rules say otherwise.
Three layers, in order of force: - the Act, including Chapter XIII-B for housing societies (ss.154B-1 ff.): records within 45 days,
disqualifications, Registrar directions, recovery certificates;
- the Rules, including Chapter XI-B, gazetted 22 Jun 2026: registration, membership classes, funds,
charges and the 12 % interest cap, general-body rules, committee spending limits, casual vacancies,
recovery procedure;
- the society's registered bye-laws (s.13): usually the 2014 model, until the society adopts the final
2026 model within three months of its publication (Rule 106C-13(1)(c)).
Draft-only items often reported as "new rules" include: the complaint register and dues condition (dBL 184-192), the retention schedule (dBL 138), free digital copies (dBL 39), the pet clause (dBL 167), parking policy details (dBL 76-83), and committee strength tables beyond the Government resolution (dBL 109). A committee applying a draft clause should record that it is following it as good practice, not as binding law. The platform tracks this with separate regime profiles: mh-2014-flat-owner, mh-2026-rules and mh-2026-draft.
Legal basis: MCS (Amendment) Rules 2026, Rules 106C-1 to 106C-14; MCS Act s.13; dBL 39, 76-83, 109, 138, 167, 184-192
Last checked: 2026-09-30
Our society wants to stop paying the housing federation's subscription. Can it, and is the Rs 10 per member training contribution also optional?
Under the 2014 bye-laws affiliation to the federation is compulsory, so stopping the subscription is a breach until the bye-laws change. The draft 2026 bye-laws make membership optional. The co-operative education and training contribution under Rule 106C-7 is not optional: it is Rs 10 per member per month, collected annually, whether or not the society is a federation member.
BL 6 (2014): immediately after registration the society becomes a member of the district, ward or taluka housing federation and pays the sums due under its bye-laws. The federation's entrance fee and annual subscription are service-charge heads (BL 65; Rule 106C-12(2)). A society on the 2014 bye-laws that wants to leave must first amend BL 6 (Rule 12; formation_byelaws-008). The draft 2026 bye-laws say the society "may" become a member (dBL 8). A contribution required by the Act, the Rules or Government directions must still be paid whether or not the society is a member (dBL 10). Rule 106C-7 requires every housing society to contribute to the co-operative education and training fund Rs 10 per member per month, or the Government's higher rate, and to arrange training for members, the committee and staff through the State federal society or a notified apex training institute. The contribution is collected from members as a charge (Rule 106C-12(4) item 11(iv)). Before leaving, weigh what the federation provides: training, model documents, conveyance and redevelopment help, and the complaint role given to it in the bye-laws' annexure.
Legal basis: BL 6, 65; Rules 106C-7, 106C-12(2), 106C-12(4) item 11(iv); MCS Rules r.12; dBL 8, 10
Last checked: 2026-09-30
After redevelopment we want to rename the society after the new project, or add a deity's name. Are there limits on the new name?
Yes. The new name must not refer to any caste or religious denomination and must not be inconsistent with the society's objects. It needs a general-meeting resolution amending the name bye-law, the Registrar's approval and gazette notification. A developer's brand name is not barred as such, but the Registrar can refuse a misleading name.
Section 15(1) allows a change of name by a general-meeting resolution with the Registrar's approval. Rule 14(1) forbids a name that refers to any caste or religious denomination or is inconsistent with the society's objects. A deity's name can be read as a religious reference; expect the Registrar to query it. Rule 14(2)-(4): the change is made by amending the bye-laws and is notified in the Official Gazette. The original registration certificate is sent for amendment, and the new name is entered in the Registrar's register. The name of a limited-liability society ends with "Limited" (s.6(5)). A developer's project brand is not prohibited in terms. Consider whether the name implies a continuing link with the developer, and check that no other society in the area has a confusingly similar name. The Registrar judges whether the name is consistent with the objects. Rights, obligations and pending proceedings are unaffected by the change (s.15(1)). After approval, update the name board, letterheads, bank, PAN and GST, the property card, municipal and utility accounts and insurance, as the draft bye-laws direct (dBL 1(b)). See formation_byelaws-012 for the basic procedure.
Legal basis: MCS Act s.6(5), s.15(1); MCS Rules r.14(1)-(4); dBL 1(b)
Last checked: 2026-09-30
Nobody can find our society's registered bye-laws or later amendments. How do we find out which bye-laws actually apply?
Ask the Registrar's office for a certified copy of the bye-laws as registered and of every registered amendment; it keeps the register of societies and the approved bye-laws. The registration certificate and the gazette notification of registration help locate them. Until you have them, treat the model bye-laws of the registration year as a guide, not as your bye-laws.
The Registrar registers a society with its bye-laws (s.9(1)) and gives a certified copy of the approved bye-laws (Rule 5(3)). Each registered amendment is certified under s.13(2), and that certificate is conclusive evidence of registration. So the Registrar's file is the authoritative record. Apply in writing on the society's letterhead with the registration number, and pay the copying charges. The RTI Act can also be used with the Registrar's office (records_rti_privacy-003). Then: - rebuild the file: registration certificate, bye-laws as registered, each amendment with its certificate,
and a consolidated working copy clearly marked "unofficial consolidation";
- check the effect of the Rules: since 22 Jun 2026, Chapter XI-B overrides inconsistent bye-laws
(formation_byelaws-014);
- keep the documents at the registered address, open to inspection free (s.39), and supply copies to
members at the fee (BL 170: Rs 5 a page; formation_byelaws-007).
Lost registered bye-laws are also a good moment to plan adoption of the final 2026 model within three months of its publication (Rule 106C-13(1)(c)).
Legal basis: MCS Act ss.9(1), 13(2), 39; MCS Rules r.5(3); Rule 106C-13(1)(c); BL 170
Last checked: 2026-09-30
Our building is an "apartment" (condominium) with an association of apartment owners, not a co-operative society. Do the MCS Act and these bye-laws apply to us?
No. A condominium formed by a registered declaration under the Maharashtra Apartment Ownership Act 1970 is governed by that Act, its declaration and the association's bye-laws. The MCS Act, the co-operative Rules, the model bye-laws and the Registrar of Co-operative Societies do not apply. Owners hold their apartments directly with an undivided share in the common areas.
Under the Apartment Ownership Act the promoter or owner submits the property by a registered declaration. Each apartment is conveyed by a deed of apartment with its percentage of undivided interest in the common areas. The association of apartment owners manages the building under bye-laws annexed to the declaration. Consequences: - no share certificates, no Registrar recovery under s.154B-29 and no Co-operative Court; disputes go to the
civil court or other forums;
- the charges, interest, funds and repair rules are whatever the declaration and bye-laws say, not Rule
106C-12;
- redevelopment follows the apartment law and the declaration, not the s.79A directive. Many buildings sold as "apartments" were in fact registered as co-operative societies. Check the registration certificate (a society has a registration number from the Deputy Registrar) or the registered declaration. A building cannot be both at once. Converting from one to the other needs specialist advice.
Legal basis: Maharashtra Apartment Ownership Act 1970; MCS Act s.154B-29; Rule 106C-12
Last checked: 2026-09-23
Who can form a co-operative housing society, and how many members are needed?
A housing society is formed by the people who will own or occupy the flats (the promoters), usually once most flats in a building are sold. The general rule of the Act is at least ten persons, each from a different family, who qualify to be members. In a new building the builder has a legal duty to help the purchasers form it.
Under the MCS Act a society (other than a federal society) is registered only if it has at least ten persons, each a member of a different family, who are qualified to be members (s.6(1)); "family" here means spouse, parents, son or unmarried daughter (s.6, Explanation). A housing society is one whose object is to provide members with plots, houses or flats, or, once these are acquired, common amenities and services (s.2(16)). Housing societies now also have their own chapter in the Act (Chapter XIII-B) and in the Rules (Chapter XI-B, Rules 106C-1 onwards, from 22 Jun 2026); Rule 106C-3 makes the registration application subject to s.154B-2, which should be read for any housing-specific condition. The promoters meet, elect a Chief Promoter and authorise him by resolution to apply (Rule 106C-2(1)(i)). The work then runs in two steps: reservation of name and permission to open a bank account (formation_byelaws-002), and the registration application with fees (formation_byelaws-003, -004). In a building sold by a developer, the developer must enable formation of the society — within three months of a majority of allottees booking under RERA s.11(4)(e), and under MOFA s.10 and MOFA Rule 8 (see builder_handover-001). If he does not, the purchasers can apply themselves and complain to MahaRERA.
Legal basis: MCS Act s.6(1), s.2(16); Rule 106C-2(1)(i), 106C-3(2); RERA 2016 s.11(4)(e); MOFA s.10, MOFA Rules r.8
Last checked: 2026-09-23
What is the first step to register a housing society — reserving the name and opening a bank account?
The Chief Promoter applies to the Registrar in Form Y-1 to reserve the society's name and for permission to open a bank account in that name. The Registrar must decide within thirty days. The registration application must then follow within two months of that permission.
Rule 106C-2 (from 22 Jun 2026) sets out the first step. The application is in Form Y-1, addressed to the Joint, Deputy or Assistant Registrar, with up to four alternative names in order of preference, the plot and municipal ward, number of flats, number of promoters who have joined, and the Chief Promoter's details. It must be accompanied by: (i) the resolution of the promoters' meeting electing and authorising the Chief Promoter, with its minutes; and (ii) for a tenant co-partnership society or premises society, the commencement certificate or building completion certificate certified by an architect (Form Y-1 also asks for a copy of one purchaser's agreement with the builder); for a tenant ownership society, the architect-certified tentative layout or the sanctioned layout, with the land agreement or vendor's consent (Rule 106C-2(1); Form Y-1). It may be sent by registered post, by hand or electronically (Rule 106C-2(3)). The Registrar enters it in the register in Form Y-3, gives a serial number and a receipt (106C-2(4)), may let the promoters amend it (106C-2(5)), and must grant or reject it with written reasons within thirty days; the permission may carry conditions (106C-2(6)). Once permission is granted, promoters deposit share money and entrance fees into the new account; the bank's certificate of the balance is needed for registration. The registration application must be filed within two months of the permission (Rule 106C-3(1)); see formation_byelaws-003.
Legal basis: Rule 106C-2(1)-(6); Forms Y-1, Y-3; Rule 106C-3(1)
Last checked: 2026-09-23
What has to be filed to register the society, and how long does the Registrar have?
Within two months of the name-and-bank permission, the Chief Promoter files the registration application with two copies of the proposed bye-laws, the list of promoters and their share money, the bank certificate, a viability scheme and the fee. The Registrar must register or refuse within two months; if he and the next higher officer both fail to decide in time, the society is deemed registered.
Rule 106C-3 says the application (the Rule refers to Form Y-1, in Marathi, Hindi or English) is signed by the Chief Promoter and accompanied by: two copies of the proposed bye-laws (usually the model bye-laws); a list of persons who have contributed share capital with the amount and entrance fee paid by each; a certificate from the bank of the credit balance; a scheme showing how the society will be economically sound and describing the property to be acquired or transferred to it; and the registration fee (formation_byelaws-004). It may be sent by registered post, by hand or electronically (106C-3(1)-(3)). The application may be filed online on the Co-operation Department's portal where the Registrar's office uses it. The Registrar registers the society and its bye-laws if they comply with the Act, the Rules and other law, and the bye-laws are not contrary to the Act or Rules, within two months of receiving the application. If he does not, he must refer it within fifteen days to the next higher officer, who has two months; if that officer also fails, the society and its bye-laws are deemed registered and a certificate must issue within fifteen days (s.9(1)-(2)). A refusal must be communicated with reasons (s.9(3)); an appeal lies under s.152. The certificate of registration is conclusive evidence of registration (s.10), and the registration is notified in the Official Gazette with a certified copy of the approved bye-laws (Rule 5(3)). After registration: the first general meeting within three months (builder_handover-004), share certificates, and joining the housing federation (formation_byelaws-013).
Legal basis: Rule 106C-3(1)-(3); MCS Act s.9, s.10, s.152; MCS Rules r.5(3)
Last checked: 2026-09-23
What is the registration fee for a housing society?
Under the 2026 Rules the fee is Rs 5,000 for a tenant ownership society, Rs 2,500 to Rs 10,000 for a tenant co-partnership society depending on the number of flats, Rs 5,000 for other housing societies, housing associations and associations of societies, and Rs 50 for backward-class and Lok Awas Yojana societies.
Rule 106C-3(2)(d) prescribes: tenant ownership housing societies Rs 5,000; tenant co-partnership housing societies with up to 25 flats Rs 2,500, 26-50 flats Rs 5,000, 51-250 flats Rs 7,500 and above 250 flats Rs 10,000; other housing societies Rs 5,000; housing societies of backward-class persons Rs 50; societies under the Lok Awas Yojana Rs 50; co-operative housing associations Rs 5,000; associations of societies Rs 5,000. Most flat-owner societies in Maharashtra are tenant co-partnership societies, so the flat count decides the fee. The earlier general rule (Rule 4, which no longer applies to housing societies under Rule 106C-1) had a flat Rs 2,500 for housing societies. The fee is only the Registrar's fee. Promoters also bear stamp duty on documents, the bank deposit of share money and entrance fees (Rs 500 entrance fee and at least five shares under Rule 106C-4), and any professional fees. The cost of formation is the developer's where the flat purchase agreement says so, and the developer must hand over formation deposits collected from buyers (see builder_handover-008).
Legal basis: Rule 106C-3(2)(d); Rule 106C-1; Rule 106C-4
Last checked: 2026-09-23
What types of housing societies are there — tenant ownership, tenant co-partnership and others?
The Rules classify housing societies as tenant ownership (members own their plots or houses; the society holds the land or common services), tenant co-partnership (the society owns land and building; members hold shares with a right to occupy their flats), other housing societies (house mortgage, house construction and premises societies), and, since 2026, co-operative housing associations and associations of societies.
After registration the Registrar classifies each society by its principal object (s.12; Rule 10). Class 5, Housing, has the sub-classes: (a) tenant ownership housing society; (b) tenant co-partnership housing society; (c) other housing societies — which the 2026 amendment now describes as house mortgage, house construction and premises societies; and two new classes inserted in 2026, (d) co-operative housing association and (e) association of societies (Rule 10 as amended by the MCS (Amendment) Rules 2026, clause 5). In practice: a tenant co-partnership society is the usual apartment-building society, where land and building are held by the society and the member holds shares with a right of occupancy (dBL 1(c) describes it this way). A tenant ownership society is typical of plotted layouts or row houses, where members own their plots or bungalows. A premises society is formed by owners of commercial units (shops, offices). The 2014 model bye-laws are for the "new flat-owner" type and leave the sub-class to be filled in (BL 1(c)); the draft 2026 bye-laws published so far are the tenant co-partnership model. The type matters for fees (formation_byelaws-004), for documents at name reservation (formation_byelaws-002) and for which model bye-laws apply. The Registrar may alter a society's classification for reasons recorded in writing (s.12(2)).
Legal basis: MCS Act s.12; MCS Rules r.10; MCS (Amendment) Rules 2026 cl.5 (Rule 10, class 5); BL 1(c); dBL 1(c)
Last checked: 2026-09-23
Several societies share one layout. What are an "Association of Societies" and a "Co-operative Housing Association", and how are they formed?
They are umbrella bodies for societies (and, for a housing association, other legal bodies) on the same layout or plot, to manage shared land, amenities, conveyance or redevelopment. An association of societies needs general-body resolutions of at least five societies; a co-operative housing association needs at least two societies or legal bodies. Name reservation is in Form Y-2 and the fee is Rs 5,000.
The 2026 Rules add these two classes to the housing class (Rule 10, class 5 (d) and (e)). To form one, the constituent bodies each pass a general-body resolution consenting and authorising two office-bearers to attend the promoters' general meeting and sign documents. That meeting elects a Chief Promoter. The application for name reservation and bank-account permission is in Form Y-2, signed by at least two authorised office-bearers of each society or legal body, with: the list of office-bearers who attended and the minutes; resolutions of at least five societies (association of societies) or at least two societies or legal bodies (co-operative housing association); each body's registration certificate; and an architect's certificate that all of them are on the same layout or plot (Rule 106C-2(2)). The Registrar follows the same thirty-day procedure as for a society (106C-2(3)-(6)), and the registration fee is Rs 5,000 each (106C-3(2)(d)(vi)-(vii)). Such bodies also contribute Rs 1,000 a year to the co-operative education and training fund (Rule 106C-7(2)) and adopt their own model bye-laws once the Registrar issues them (106C-13(1)(b)-(c)). Typical uses: common club house, internal roads and recreation ground of a large layout, a single conveyance of the whole layout, or joint redevelopment. How costs are shared between member societies depends on the association's bye-laws and resolutions; a dispute between them goes to the Co-operative Court under s.91.
Legal basis: Rule 106C-2(2)-(6); Form Y-2; Rule 106C-3(2)(d)(vi)-(vii); 106C-7(2); 106C-13(1)(b)-(c); MCS (Amendment) Rules 2026 cl.5 (Rule 10); MCS Act s.91
Last checked: 2026-09-23
What are the society's bye-laws, and how binding are they?
The bye-laws are the society's constitution: registered by the Registrar, they bind the society and every member. Most societies register the Government's model bye-laws. They cannot override the Act or the Rules, and a change is valid only once the Registrar registers it.
The Registrar registers a society together with its bye-laws (s.9(1)) and gives it a certified copy (Rule 5(3)). Under the 2026 Rules every housing society is governed by its bye-laws approved by the Registrar, which form its core governance framework; the Registrar issues model bye-laws (Rule 106C-13(1)(a)-(b)). The bye-laws cover the matters listed in Rule 8 — name and address, objects, funds, membership, rights and liabilities of members, meetings, committee, accounts and so on. Where a bye-law conflicts with the Act or the Rules, the Act and Rules prevail (the draft 2026 bye-laws say this in dBL 3). So since 22 Jun 2026 the Chapter XI-B Rules (for example the 12 % simple-interest cap and the general-body quorum in Rules 106C-12 and 106C-13) apply even where the society's 2014 bye-laws say something else; see formation_byelaws-014. No amendment of the bye-laws is valid until registered (s.13(1)), and a general-body resolution alone does not change them. The society must keep a copy of the Act, the Rules and its bye-laws at its registered address, open to inspection free of charge during office hours (s.39); a member can obtain a certified copy on paying the copying fee (BL 170: Rs 5 a page).
Legal basis: MCS Act s.9(1), s.13(1), s.39; MCS Rules r.5(3), r.8; Rule 106C-13(1)(a)-(b); dBL 3; BL 170
Last checked: 2026-09-23
How does a society amend its bye-laws?
By a resolution passed by at least two-thirds of the members present and voting at a general meeting called with due notice of the proposed amendment. The society then sends the amendment with the prescribed papers to the Registrar within two months. It takes effect only when the Registrar registers it.
Procedure (MCS Rules r.12; s.13): (1) The committee drafts the amendment with reasons. (2) The general meeting notice must state the proposed amendment; the draft 2026 bye-laws add that a resolution to amend bye-laws cannot be taken up without due notice (dBL 103 lists it with expulsion and removal of a committee member). (3) The amendment is passed if at least two-thirds of the members present and voting support it (r.12(3)). (4) Within two months of the meeting, send the Registrar a copy of the resolution, the existing bye-laws with the proposed changes and reasons, four copies of the bye-laws as they would read after amendment signed by authorised officers, a copy of the notice to members, and anything else he asks for (r.12(4)). The Registrar registers it if it is not contrary to the Act or Rules and is in the interest of the society; he may suggest modifications in writing (r.12). He must decide within two months, failing which the application goes to the next higher officer, and if that officer also fails to decide in two months the amendment is deemed registered (s.13(1), (1A)). An amendment repugnant to State Government policy directives under s.4 cannot be registered (s.13(1B)). A refusal must be communicated with reasons (s.13(3)); appeal under s.152. The Registrar can also direct a society to amend its bye-laws in its interest, and register the amendment himself if it does not (s.14; r.13, Forms E and F). Keep the Registrar's certified copy of the amendment with the bye-laws: it is conclusive evidence of registration (s.13(2)).
Legal basis: MCS Act s.13, s.14, s.152; MCS Rules r.12, r.13; dBL 103
Last checked: 2026-09-23
When the new 2026 model bye-laws are notified, how and by when does our society adopt them?
The 2026 Rules say a society "may adopt" the Registrar's model bye-laws within three months of their publication. Adoption is an amendment of the bye-laws: pass it in a general meeting by a two-thirds majority on proper notice and file it with the Registrar for registration. As of 30 Sep 2026 our sources show the 2026 model bye-laws still in draft.
Rule 106C-13(1)(c): every housing society, association of societies or co-operative housing association may adopt the model bye-laws within three months from the date of their publication through the Registrar. The Registrar published the draft Model Bye-laws 2026 (tenant co-partnership type) in August 2026 and objections closed on 27 Aug 2026; the final text has not been notified yet. The three months will run from the publication of the final model bye-laws, not from the draft. How to adopt: the committee compares the model with the society's registered bye-laws and decides which optional choices to fill in (name, address, number of committee seats, rates the general body must fix); it gives notice of a general meeting with the full text or a clear summary; the meeting passes the adoption by at least two-thirds of members present and voting (Rule 12(3), which Rule 106C-1 does not disapply for housing societies); the society files the resolution and papers with the Registrar within two months of the meeting (Rule 12(4); formation_byelaws-008). The new bye-laws apply from registration. Rule 106C-13(3)(g) now says AGM decisions pass by 51 % of the members present, including those on video; our reading is that the specific Rule 12(3) still governs bye-law amendments, but the point is untested, so pass the adoption by two-thirds and both readings are met. "May adopt" reads as permissive, and the Rule does not state what happens to a society that does not adopt. But the Act and the Chapter XI-B Rules already bind every society from 22 Jun 2026 whatever its bye-laws say (formation_byelaws-014), and the Registrar can direct an amendment under s.14. Societies should plan to adopt within the three months and record the general-body decision either way.
Legal basis: Rule 106C-13(1)(b)-(c); MCS Act s.13, s.14; MCS Rules r.12; dBL 3; MCS Rules r.12(3)-(4); Rule 106C-13(3)(g)
Last checked: 2026-09-30
Can our society change the model bye-laws or add its own rules, for example on pets, parking or rentals?
A society can amend its bye-laws, but the Registrar will not register a change that is contrary to the Act, the Rules or State policy directives. Day-to-day rules that fit within the bye-laws can be made by general-body resolution; they cannot take away rights the law or the bye-laws give members.
Two levels exist. (1) Bye-law amendments (formation_byelaws-008) must pass the Registrar's scrutiny: he registers only if the amendment is not contrary to the Act or Rules and is in the interest of the society and the co-operative movement (r.12), and never if it is repugnant to s.4 policy directives (s.13(1B)). Societies commonly add local detail — parking allotment, use of the club house — within the model's framework. (2) House rules or resolutions: the general body may regulate matters left to it by the bye-laws (for example use of common areas, games hours and charges under BL 167, temporary use of the terrace under BL 169). Such rules must stay within the Act, Rules and bye-laws. A resolution that contradicts them is open to challenge before the Registrar or the Co-operative Court under s.91. Examples of limits: the interest rate on arrears cannot exceed 12 % simple a year (Rule 106C-12(4)); non-occupancy charges are fixed at 10 % of service charges (Rule 106C-12(4) item 8); the draft 2026 bye-laws say a member may not be prohibited from keeping a pet merely because others object (dBL 167(b)). The Registrar may also direct a society to amend a bye-law (s.14). When in doubt, ask the Registrar's office informally before putting a clause to vote.
Legal basis: MCS Act s.13(1B), s.14, s.91; MCS Rules r.12; BL 167, 169; Rule 106C-12(4); dBL 167(b)
Last checked: 2026-09-23
What is the society's registered address, and how is it changed?
The registered address is written in bye-law 2 and registered with the Registrar; it is normally the society's own building. Changing it needs a committee resolution, an amendment of the bye-laws registered by the Registrar, and intimation to the Registrar and everyone concerned within thirty days.
BL 2 records the registered address and a separate address for correspondence decided by the committee; the draft 2026 bye-laws add that the registered address shall ordinarily be the location of the society's property unless the Registrar permits otherwise, and that the society may keep an official email address and approved digital channels for valid service of notices (dBL 2(a)-(b)). Procedure (MCS Rules r.31): the society communicates its postal address as in its bye-laws, with district, taluka, ward, street and house number, together with the committee resolution adopting it; the Registrar registers it and informs the society. A change of registered address is not registered unless (i) the bye-laws are amended to show it and the amendment is registered, and (ii) the change is registered by the Registrar in the same way (r.31(3)). The change must be intimated to the Registering Authority and all others concerned within thirty days (BL 2(c); dBL 2(c)), and the registered address must be displayed on the notice board (r.31(4)). The society must display at the main entrance a board with its name, registration number and registered address (BL 2(e); dBL 2(e)). The registered address is where the Act, Rules, bye-laws and list of members are kept open for inspection (s.39) and where the Registrar serves notices; keeping it current avoids ex-parte orders. After a change, update the bank, PAN/GST records, municipal and utility accounts.
Legal basis: BL 2(a)-(e); dBL 2(a)-(e); MCS Rules r.31; MCS Act s.39
Last checked: 2026-09-23
How can the society change its name?
By a general-meeting resolution amending the name bye-law, with the Registrar's approval. The new name may not refer to a caste or religious denomination. The change is notified in the Gazette, and it does not affect any existing rights, obligations or pending cases.
s.15(1) allows a society to change its name by a general-meeting resolution with the Registrar's approval. Rule 14 adds that the change is made by amending the bye-laws (so the two-thirds majority and papers of Rule 12 apply; see formation_byelaws-008), that the new name must not refer to any caste or religious denomination or be inconsistent with the society's objects, and that the change is notified in the Official Gazette; the society then returns its original registration certificate for a fresh one. BL 1(b) and dBL 1(b) repeat the procedure, and the draft adds that after registration the society should inform all statutory authorities, local bodies, banks and utility providers. The change does not affect any right or obligation of the society or of its members, past members or deceased members, and pending proceedings continue under the new name (s.15(1)). The name must end with the word "Limited" for a limited-liability society (s.6(5)). Update the name board, letterheads, bank accounts, PAN and GST registrations, property card, municipal property-tax and water accounts, and insurance policies.
Legal basis: MCS Act s.15, s.6(5); MCS Rules r.14; BL 1(b); dBL 1(b)
Last checked: 2026-09-23
Must our society join the housing federation, and what does the federation do for us?
The 2014 bye-laws require a society to join the district, ward or taluka co-operative housing federation soon after registration and pay its subscription; the draft 2026 bye-laws make joining optional but keep any contribution the law requires. Federations give guidance and training and handle some kinds of member complaints.
BL 6 (2014): immediately after registration the society shall become a member of the co-operative housing federation of the district, ward or taluka and of the district central co-operative bank, and pay the sums due under their bye-laws. The federation's entrance fee and annual subscription are part of service charges (BL 65(g)-(h); Rule 106C-12(2)(f)-(g)). A "Housing Society Federation" is a federation of housing societies registered and notified under the Act (BL 3(vii)); in the draft, a Housing Federation is the State or district federal society notified by the Government for the area (dBL 4(xix)). The draft 2026 bye-laws say the society "may" become a member (dBL 8), but where a contribution is required by the Act, Rules or Government directions it must be paid whether or not the society has taken membership (dBL 10). Under the 2026 Rules every housing society contributes Rs 10 per member per month to the co-operative education and training fund, collected annually, and organises annual training for members, committee and staff through the State federal society or a notified State apex training institute (Rule 106C-7). A federal society needs at least five member societies (s.6(3)). What federations do: training and model documents, advice, help with conveyance and redevelopment, and — under the bye-laws' annexure — complaints by member societies about matters such as a member refusing the secretary entry, refusal to accept communications, or convening meetings on the Registrar's direction (2014 annexure item g; dBL annexure (G)). They are not a court: disputes go to the Registrar or the Co-operative Court.
Legal basis: BL 3(vii), 6, 65(g)-(h); annexure item g; dBL 4(xix), 8, 10, 11; annexure (G); Rule 106C-7; Rule 106C-12(2)(f)-(g); MCS Act s.6(3)
Last checked: 2026-09-23
Our registered bye-laws are the 2014 model. Do they still apply after the 2026 Rules came into force?
Yes, the society's registered bye-laws still apply, but only so far as they are consistent with the Act and the new Chapter XI-B Rules, which bind every housing society from 22 Jun 2026. Where they differ — for example on the interest cap, charge-sharing basis or general-body quorum — the Rules prevail.
A registered bye-law cannot override the Act or the Rules; the draft 2026 bye-laws say so expressly (dBL 3). The MCS (Amendment) Rules 2026, published in the Gazette on 22 Jun 2026, inserted Chapter XI-B for housing societies. Examples of points where the Rules change what a 2014 bye-law says: interest on arrears capped at 12 % simple a year (Rule 106C-12(4) item 6; BL 70, cross-referred as BL 72, allowed up to 21 %); insurance, lease rent and similar heads shared by carpet area instead of built-up area (item 9-10; BL 66(a)(xi)-(xii)); minimum contributions to the sinking fund and the repair and maintenance fund (Rule 106C-11); general-body quorum of two-thirds of members or twenty, whichever is less (Rule 106C-13(3)(e)); the managing committee's spending limit on repairs (106C-13(5)(b)); and recovery of dues under s.154B-29 and Rule 106C-14. Practical approach: follow the Rules where they are specific, keep following the bye-laws on everything else, and adopt the 2026 model bye-laws when the final text is published (formation_byelaws-009). Record in committee minutes which clauses were treated as overridden, so that the auditor and members can see why. The platform binds each society to a regime with an effective date for this reason.
Legal basis: Rules 106C-11, 106C-12(4), 106C-13(3)(e), 106C-13(5)(b), 106C-14; BL 66(a); BL 70 (cross-referred as BL 72); dBL 3
Last checked: 2026-09-23