Bye-Law 114
Bye-Law 114 prescribes the size of the Managing Committee for Maharashtra co-operative housing societies on a sliding scale based on membership, including mandatory reserved seats for women, SC/ST, OBC, and VJ/NT/SBC categories.
What is Bye-Law 114?
Bye-Law 114 determines exactly how many people must be on the Managing Committee, based on how many members the society has. The committee size is not a free choice — it is fixed by this bye-law.
The slab structure is: up to 100 members = 11-member committee (6 general + 5 reserved); 101–200 members = 13 members; 201–300 members = 15 members; 301–500 members = 17 members; 501 and above = 19 members. The maximum permitted by law is 21 members under Section 73AAA(1) of the MCS Act.
The reserved seats — 2 for women, 1 for SC/ST, 1 for OBC, 1 for VJ/NT/SBC — are included within the total count, not added on top. If a reserved seat cannot be filled because no eligible candidate stands, it remains vacant and does not count toward committee quorum.
Why it matters
A committee elected with fewer members than bye-law 114 requires (other than for genuine unfilled reserved seats) is irregular. The statutory auditor flags this in Form J. An irregular committee composition is one of the quiet triggers that can lead to Registrar action under Section 77A.
The reserved seat structure also affects the election nomination process — the SCEA's Returning Officer scrutinises nominations to ensure reserved seats are filled by eligible candidates, and rejected nominations in reserved categories are among the most disputed aspects of society elections.
Legal & regulatory context
Bye-Law 114 derives from Section 73B (women's reservation), Section 73C (SC/ST reservation), and Section 73AAA(1) (maximum committee size) of the MCS Act 1960, and from Article 243ZJ of the Constitution of India which mandates women and SC/ST reservation in co-operative boards.
The committee quorum — the minimum members needed for a valid committee meeting — is also prescribed in bye-law 114 for each slab (e.g., 6 for an 11-member committee, 7 for a 13-member committee).
How SocietyBee handles it
SocietyBee's society setup records the registered committee composition. The member register keeps the current membership count, making it straightforward for the secretary to verify which bye-law 114 slab applies before the election.
Try SocietyBee free →Frequently asked questions
Can the society decide to have a smaller committee if members prefer?
No. The committee size under bye-law 114 is mandatory for each membership slab. The society cannot resolve to have fewer members on the committee than prescribed.
What happens if a reserved seat cannot be filled in the election?
The seat remains vacant and is not transferred to a general-category candidate. The committee functions with a reduced effective strength, and that vacant seat does not count toward the quorum calculation.