1. What's New — MCS (Amendment) Rules, 2026
Notification No. Sanini 0321/C.R.41/13C, dated 18 June 2026, inserted a new Chapter XI-B (Rules 106C-1 to 106C-14) into the Maharashtra Co-operative Societies Rules, 1961, creating a dedicated governance code for Co-operative Housing Societies, Associations of Societies and Co-operative Housing Associations. Four changes matter most in practice:
- New entity types: "Co-operative Housing Association" (2+ societies/legal bodies on one layout) and "Association of Societies" (5+ societies) are now recognised, each registered via Form Y-2 (fee Rs. 5,000).
- Membership modernised: Rule 8 now recognises Joint and Provisional members alongside Associate members. Associate membership uses new Form Y-5A; succession uses Form Y-4 (provisional membership) or Form Y-5 (family arrangement).
- Governance strengthened: Mandatory Model Bye-laws (adoptable within 3 months of publication), hybrid (video-conferencing) participation in General Body meetings, and enhanced redevelopment safeguards (see Section 4 below).
- Faster dues recovery: A dedicated summary procedure under Section 154B-29, using Form Y-6 (application) and Form Y-7 (recovery certificate), generally decided within 3 months of the first hearing.
Forms J-1, J-2 and M-1 to M-19 stand withdrawn for housing societies; a new "Y-series" (Y-1 to Y-7, including Y-5A) replaces them. Managing Committees should re-map existing compliance checklists against Rules 106C-1 to 106C-14 rather than relying on the older rule numbers.
4. Redevelopment Procedure Checklist — GR dated 30 September 2026
This checklist follows Government Resolution No. सगृयो-2026/प्र.क्र.108/14-स dated 30 September 2026, issued under Section 79A of the Maharashtra Co-operative Societies Act, 1960. It supersedes the GR dated 4 July 2019. Rule references are to the MCS (Amendment) Rules, 2026. This is a process checklist, not legal advice.
A. Initiation and General Body approval
- Requisition from at least one-fifth of the society's total members, with plans and suggestions, to the Secretary; the committee notes it within 8 days
- Special General Body Meeting convened within 2 months; agenda to every member at least 14 days in advance
- Members' written suggestions accepted up to 8 days before the meeting
- Quorum: two-thirds of total members. If not met, adjourn and reconvene within a month on 7 days' notice; if still not met, the meeting is cancelled and the matter cannot return to an SGM for 3 months
- At least 51% of total members physically present; video-conferencing members count only towards quorum and majority beyond that physical minimum
- Resolution passed by a majority of members present, with approval of at least 51% of total members
B. Architect or PMC
- Three quotations from architects or project management consultants on the government or local-authority panel
- SGM selects one expert; appointment letter within 30 days; written agreement on the terms approved by the SGM
- Survey of building and land; FSI/TDR and DCPR/UDCPR options; members' suggestions considered
- Project Report prepared within 2 months of appointment
- Committee meeting within 30 days of receiving the Project Report; members notified at least 7 days before the next SGM
C. Tender
- Draft tender finalised at the next SGM and published in local Marathi and English newspapers
- Minimum three valid tenders; if fewer, the tender period is extended by 15 days, then by a further 7 days
- Secretary posts the list of tenders on the notice board; SGM convened within 30 days of the last tender date
- Tenderers or their authorised representatives may attend the tender opening
D. Developer selection SGM
- Proposal to the Registrar (minutes, member list, Project Report, tender details and comparison); the Registrar decides within 14 days to appoint an Authorised Officer
- SGM convened within one month of that appointment; agenda and comparative statement to every member 14 days in advance, by hand, post or e-mail, with proof of delivery
- Held in the presence of the Registrar's representative; the Authorised Officer verifies attendance and quorum
- Developer selected by a majority of members (not less than 51% of total members); hand vote, or secret ballot if one-fifth of members demand it in writing
- Written consent of at least 51% of total members for the appointment
- Video recording; one copy with the Secretary and one with the Registrar
- Within 14 days: minutes, members' written consent letters, the developer's consent letter, the attendance sheet, the Authorised Officer's report and the video, filed with the Registrar
E. Development Agreement and allotment
- Agreement signed within 3 months of the SGM, on the terms approved by the SGM
- Completion period counted from the plinth certificate: 2 years maximum, and 3 years only in exceptional cases
- Bank guarantee amount and form approved by the General Body; alternate accommodation, rent and deposit, or transit arrangements in the agreement
- Agreement registered under the Registration Act, 1908; each member's PAAA registered within 3 months of the agreement's registration
- RERA carpet area stated; development rights non-transferable; dispute clause (competent court or authority under the prevailing law)
- Members vacate only after all legal approvals and registration of their PAAA
- New flat-holders: membership and share certificate decided within 3 months of application
- Flat allotment by floor order or draw, with General Body approval (not less than 51% of total members), video recorded, and the list filed with the Registrar within one month
- No committee member or office-bearer may be the developer, or a relative of the developer
- Sanctioned building plans placed before the General Body
F. Federation and cluster redevelopment
- Through a federation that holds the land rights: federation SGM quorum of two-thirds of affiliated societies, with approval as above
- Each affiliated society: its own SGM with two-thirds quorum and 51% approval, with written consents filed with the federation; or 60% of all affiliated members combined
G. Records and calculations
- Any fraction in a quorum or majority calculation is rounded up to the next whole number
- Members may inspect documents free of charge; certified copies on payment of a prescribed fee
- A breach may make responsible office-bearers and committee members liable under Section 79A(3) read with Section 78A
