Maharashtra Co-operative Societies (Amendment) Rules, 2026: A Comprehensive Breakdown of the New Housing Society Framework

The Government of Maharashtra has enacted sweeping changes to the regulatory landscape governing co-operative housing societies through the Maharashtra Co-operative Societies (Amendment) Rules, 2026. Issued by the Co-operation, Marketing and Textiles Department from Mantralaya, Mumbai, on 18th June 2026, this notification brings about a fundamental restructuring of the Maharashtra Co-operative Societies Rules, 1961. The amendments are grounded in the powers vested under sub-sections (1) and (2) of section 165 of the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961).

At the heart of these amendments is the insertion of an entirely new Chapter XI-B, which establishes a dedicated and self-contained governance framework exclusively for co-operative housing societies. From registration and name reservation to redevelopment, fund management, and recovery of dues, the new rules touch upon virtually every aspect of housing society administration.

Key Amendments to Existing Rules

Modifications to Definitions and General Rules

Several existing rules of the Maharashtra Co-operative Societies Rules, 1961 (referred to hereinafter as "the principal Rules") have been modified to align with the new legislative architecture:

Rule 2 has been amended to include a reference to section 154B-6 alongside the existing reference to section 24A in clause (l).
Rule 4(1)(e) sees sub-clauses (vii), (viii), and (viii-a) removed entirely.
Rule 8(1) now recognises nominal, associate, joint, and provisional members in clause (f), replacing the earlier narrower reference to only nominal and associate members. Additionally, section 154B-6 and section 154B-28 have been added in clause (x-1).
Rule 10(1) expands the classification table for housing societies. Premises Societies are now included alongside House Mortgage Societies and House Construction Societies. Two entirely new sub-classes are also introduced:
- (d) Co-operative Housing Association
- (e) Association of Society
Rules 20A and 20B of the principal Rules stand deleted.
Rule 26 is amended to include a reference to section 154B-13.
Rule 33 is substituted to mandate that the list of members be maintained in Form J.
Rule 57A(7)(g) is amended to clarify that sub-clause (iii) shall not apply to housing societies.
Rule 58 now includes disqualification references under section 154B-23.
Rule 60 removes the word "active" from sub-rules (1), (3), and (4), broadening the scope of member participation in elections.
Rule 65(1) deletes clauses (1-a) and (1-b).
Rule 85 is updated across sub-rules (1), (4), and (8) to include section 154B-29 alongside the existing sections 98, 101, and 137, thereby widening the scope of recovery proceedings.

Chapter XI-B: The New Housing Society Governance Framework

The centrepiece of the 2026 amendments is the newly inserted Chapter XI-B — a comprehensive set of rules numbered 106C-1 through 106C-14 — which governs co-operative housing societies exclusively.

Rule 106C-1: Exclusion of Certain General Rules

Housing societies are exempted from the application of a wide range of general rules under the principal Rules, including 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, and Rules 93 to 103. This carve-out is significant as it ensures that housing societies are regulated by a dedicated framework rather than the generic co-operative society provisions.

Rule 106C-2: Name Reservation and Bank Account Opening

Applications for name reservation and bank account opening must be submitted in the prescribed forms, with supporting documents and proper authorisation.

For proposed housing societies, the application is to be filed in Form Y-1, accompanied by:

A resolution of promoters electing the Chief Promoter, with meeting minutes
A commencement or building completion certificate (certified by an architect) for tenant co-partnership housing societies or premises societies, or a layout plan for tenant ownership housing societies

For proposed Associations of Societies or Co-operative Housing Associations, the application must be in Form Y-2, signed by at least two authorised office bearers of each constituent society, along with:

Minutes of the general body meeting that elected the Chief Promoter
Resolutions from the general body meetings of at least five societies (for Association of Societies) or at least two societies or legal bodies (for Co-operative Housing Association)
Registration certificates of each member society or legal body
An architect's certificate confirming that the constituent entities share the same layout or plot

Procedural requirements:

Applications are to be submitted by registered post, hand delivery, or electronic mode
The Registrar must log the application in the register maintained in Form Y-3, assign a serial number, and issue an acknowledgment
Amendments to the application are permissible before final reservation of the name
The Registrar must dispose of the application within thirty days of receipt, either by granting permission (with or without conditions) or by rejecting it with written reasons

Rule 106C-3: Registration Applications and Fee Structure

Every application for registration of a housing society under section 154B-3 must be filed in Form Y-1 (in Marathi, Hindi, or English) within two months from the date of name reservation. The application must be signed by the Chief Promoter and accompanied by:

A list of share capital contributors and their respective contributions and entrance fees
A bank certificate confirming the credit balance of the proposed society
A scheme demonstrating economic viability and, where applicable, details of immovable property to be acquired

Registration Fees:

Maharashtra Co-operative Housing Society Rules Overhauled: Complete Guide to the 2026 Amendment Rules