Closed List of 11 Statutory Billing Heads & Ghost Charge Ban
Plain English Explanation
Under Maharashtra law, housing societies can only bill members under 11 closed, exhaustive statutory heads. Any charge outside these 11 heads is either Strictly Illegal (e.g. compulsory Festival/Pooja funds under Bye-Law 145 or shifting surcharges) or an Unsanctioned Ghost Charge (e.g. 'Water Tax', 'Development Levy', 'Building Improvement Fund', or generic 'Miscellaneous'). Unless supported by an explicit AGM/SGM resolution date and formula, ghost charges are statutorily invalid.
Statutory Calculation Formula
All 11 heads must be itemized. Charges outside these heads require an explicit General Body resolution and statutory formula.
Billing members strictly under the 11 statutory heads sanctioned by Model Bye-Law 67.
Adding arbitrary heads like 'Water Tax', 'Festival Fund', 'Development Levy', or unitemized miscellaneous surcharges.
Official Gazette Wording & Judicial Precedents
Settled law across Maharashtra Co-operative Courts: Under MCS Act Section 72 and Model Bye-Law 142, Managing Committees possess no authority to create arbitrary or unsanctioned charge heads. Levies outside the 11 statutory heads without explicit General Body sanction under Section 32 are ultra vires and invalid.
What to Do if Your Bill Violates This Rule
Object in writing citing Model Bye-Law 67 and MCS Act Section 72. Demand immediate reversal of all unsanctioned ghost charges.
Verify Your Society Maintenance Bill Against This Rule
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