Maharashtra's draft revised model bye-laws for tenant co-partnership housing societies would entitle every member to install a private EV charging facility at a parking space "lawfully allotted to or otherwise lawfully available for use by" them, with no general-body vote. The society could refuse its no-objection certificate only for non-compliance with law, safety standards or the bye-laws. The member would bear every cost, use a licensed electrical contractor and indemnify the society. It is still a draft: on 16 October 2026 the department was still listing it for objections, and even a final version binds a society only once it is registered as an amendment of that society's own bye-laws. None of this is legal advice.
What this document is, and when it would bind your society
The document is a 183-page PDF whose forms section calls it "Draft Bye-laws, 2026". Its first page is a Marathi press note from the Commissioner for Co-operation and Registrar, Co-operative Societies, Maharashtra State, Pune, inviting suggestions and objections by email until 5.00 pm on 27 August 2026 and saying the model will be finalised after they are considered. Neither the note nor the bye-law text carries a date of its own; the Commissioner's model bye-laws page lists this English draft under 13 August 2026 and a separate Marathi draft under 18 August 2026 (last verified 16 October 2026). We read the English copy on the Department of Co-Operation, Marketing and Textiles' Acts & Rules page (cdnbbsr.s3waas.gov.in; last verified 16 October 2026); the Commissioner's site serves a byte-identical file. We have not compared it with the Marathi draft.
On 16 October 2026 the department's Acts & Rules listing still offered it for "submission of suggestions and objections", and the Commissioner's model bye-laws page still carried a link inviting objections on it (both last verified 16 October 2026). We found no notified final version. Treat every quotation below as draft text that may change.
Three checks decide whether it could ever reach you:
- Your society's class. Draft bye-law 4 defines a tenant co-partnership society as one where "both land and building or buildings are held" by the society. Your registration certificate states your class; a tenant ownership society or an apartment owners' association is not who this draft is written for.
- Adoption. A model binds nobody. Under section 13(1) of the Maharashtra Co-operative Societies Act, 1960, "No amendment of the by-laws of a society shall be valid until registered under this Act": your general meeting passes it and the Registrar registers it. Section 14 lets the Registrar call on a society to make an amendment "necessary or desirable in the interest of such society", and register it himself after a hearing if the society does not. Draft bye-law 103 requires due notice before any resolution to amend bye-laws.
- The Act itself. We quote sections 13 and 14 from the Commissioner's English copy of the Act (sahakarayukta.maharashtra.gov.in; last verified 16 October 2026), an undated consolidation that predates the 2019 housing chapter. Section 154B(1) of that chapter, inserted by the Maharashtra Co-operative Societies (Amendment) Act, 2019 (Maharashtra Act No. XXIII of 2019, published in the Gazette on 23 July 2019), lists both sections among the provisions that "shall apply mutatis mutandis to the housing societies" (department's copy; last verified 16 October 2026). Check a current text before relying on their wording.
Two margin notes show where the drafters say the text came from. Bye-law 83 carries "as per the guidelines given by Chief Electrical Inspector, Industry, Energy and Labour Department", without naming a document; our page on basement and podium charging in Maharashtra reads that office's 2022 advisory, which may or may not be the guidance the drafters meant. The parking chapter cites the High Court's direction "in WP 1580 of 2024". What that judgment actually ordered, and why the claimed seven-day NOC rule could not be traced, is set out in what is actually settled about EV charger rules; this page does not repeat it.
Bye-law 83 at a glance: twelve sub-clauses
The draft labels each sub-clause twice, with a letter and a roman numeral, and Forms 28 and 29 cite the letters ("Rule 83(c)"). We use the numerals and give both below. Every row is draft text; none of it applies to your society until adopted.
| Sub-clause | What the draft says | What it leaves open |
|---|---|---|
| (i) / (a) | Every member "shall be entitled" to install a private charging facility at a space "lawfully allotted to or otherwise lawfully available for use by" them | What "otherwise lawfully available" covers; the cable route to the space |
| (ii) / (b) | No general-body approval; certificate "within the period prescribed by the Government"; refusal only for non-compliance | No period found prescribed on 16 Oct 2026; when a certificate is "required" |
| (iii) / (c) | Six things every application must carry | Item (f) lets the society ask for more, "reasonably required" |
| (iv) / (d) | Entire cost "borne solely by the Member", fifteen heads named | Which metering arrangement; augmentation on the building side |
| (v) / (e) | Only through "a licensed electrical contractor using approved equipment" | Approved by whom |
| (vi) / (f) | Five things no installation may do | Who judges them, on what evidence |
| (vii) / (g) | Inspection "after reasonable notice", only to verify compliance | The notice period; the inspector's qualification |
| (viii) / (h) | Suspension or disconnection "by a reasoned order" | Any appeal inside bye-law 83 |
| (ix) / (i) | Society "may establish common EV charging infrastructure" | Amounts; how it sits with bye-law 183 |
| (x) / (j) | Society not liable except for its own "negligence or wilful act" | Faults that begin in the society's own wiring |
| (xi) / (k) | Member indemnifies the society | Insurance; how far "its use" reaches |
| (xii) / (l) | Committee may prescribe forms, but no condition "more restrictive than the applicable law or Government directions" | "Government directions" is not defined |
Your entitlement, and the parking space it attaches to
Draft 83(i) reads in full: "Every Member shall be entitled to install a private Electric Vehicle (EV) charging facility for charging an electric vehicle at the parking space lawfully allotted to or otherwise lawfully available for use by such Member, subject to the provisions of the Act, the Rules, these Bye-laws and the applicable laws, Government directions and technical standards." If adopted, it would be an entitlement, not a request the committee grants at its discretion, though one held "subject to" everything the sentence lists.
What it leaves open:
- "Every Member". Members include associate, joint and provisional members. A tenant or licensee is not one, although draft 79(v) lets their vehicle use the flat's allotted space, so on the text only the member can sign Form 28 for a tenant's charger; see our landlord consent addendum.
- "Otherwise lawfully available". The phrase reaches beyond an allotted slot but does not say how far, or what proof a society may ask for. If spaces rotate or none are fixed, start with charging without an allotted slot.
- "At the parking space". Nothing here covers the cable's path through common areas or the source of supply; those surface only as application contents in 83(iii) and prohibitions in 83(vi).
- "An electric vehicle". The draft does not define the term and does not mention two-wheelers, so nothing in bye-law 83 confines the entitlement to cars.
The words "subject to ... these Bye-laws" pull in the parking chapter, and two draft provisions meet bye-law 83 directly. Draft 81(iv) bars any "permanent or temporary fixture in or around the allotted parking space without the prior written permission of the Society and the approval of the competent authority, wherever required"; on a plain reading the 83(ii) certificate is where the society's permission would be given. Under draft 82(iv) an allotment "shall automatically stand cancelled" on transfer of the flat unless lawfully attached to it; bye-law 83 does not say what then happens to the charger, beyond listing "removal, wherever required" among the member's costs (see moving out or selling with a charger). Whether your own space is lawfully allotted is a separate question this page does not answer.
No general-body approval, and an NOC period not yet prescribed
Draft 83(ii): "Installation of a private EV charging facility shall not require the approval of the General Body. Upon receipt of a complete application complying with the prescribed requirements, the Society shall issue the required No Objection Certificate or permission, wherever required, within the period prescribed by the Government and shall not withhold or refuse the same except for reasons relating to non-compliance with applicable law, safety standards or these Bye-laws." Form 28 repeats the substance as a note at the top of the application.
If your society adopts it, your application goes to the committee under bye-law 60, not to a general meeting, and refusal is confined to those three grounds. Form 28's office section requires refusal reasons "relating solely to non-compliance", and draft 60(h) requires them to be minuted and sent to you in writing.
Three things stay open. "The period prescribed by the Government": the draft states none, and we found none prescribed on either department site on 16 October 2026. "Wherever required": the draft does not say when a certificate is needed at all. And there is no deemed approval: draft 60(i) treats silence as consent only for membership applications.
Under draft 83(iii), a complete application carries:
- details of the parking space;
- specifications of the charging equipment;
- details of the electrical load and source of supply;
- layout of cabling and electrical installation, "wherever required";
- an undertaking to comply with all applicable electrical, fire safety and statutory requirements; and
- anything else "prescribed by the Government or reasonably required by the Society for verifying compliance with law".
The last item, the draft's (f), is the open door, and 83(xii) is its limit: the committee may prescribe forms and checklists but "shall not impose any condition which is inconsistent with or more restrictive than the applicable law or Government directions". If you are writing before adoption, our guide to requesting permission in writing and the permission request letter already ask for most of these items.
Costs, licensed installation and the member's indemnity
Draft 83(iv) puts "the entire cost of electrical load augmentation, dedicated meter, cabling, charging equipment, installation, civil works, testing, commissioning, operation, maintenance, repairs, replacement, electricity consumption, statutory approvals and removal, wherever required" on the member, "solely". If your society adopts it, none of those heads falls on members without a charger. Draft 46(b)(ix) adds that "EV charging equipment ... exclusively installed by the Member" is the member's to maintain and replace. The draft names heads, not amounts; every figure comes from your own paperwork:
| Cost head named in 83(iv) | Where your own figure comes from |
|---|---|
| Electrical load augmentation | Your distribution company's written demand after a load application; see sanctioned load |
| Dedicated meter | The distribution company's charges, or your electrician's quote for a sub-meter |
| Cabling and civil works | Your electrician's written quote after a site survey of the actual route |
| Charging equipment | The seller's invoice |
| Installation, testing, commissioning | The installer's itemised quote |
| Operation, maintenance, repairs, replacement | Your own service records over time |
| Electricity consumption | Your electricity bill or sub-meter readings |
| Statutory approvals | The fee printed by the authority concerned |
| Removal | A quote at the time, if a reallotment or sale requires it |
"Dedicated meter" does not say whether it means a separate connection from the distribution company or a sub-meter; Form 29 checks only that the "dedicated metering arrangement" conforms "to the sanctioned particulars". And "electrical load augmentation" does not distinguish your flat's load from the building's, so on the words alone a building-side upgrade your charger triggers would also be yours; how far that reaches is unsettled. Our pages on who pays for charger wiring and what decides installation cost help you price these lines.
Draft 83(v) requires installation "only through a licensed electrical contractor using approved equipment", and Form 28 asks for the contractor's name, licence number and proof of the licence. The load, cable route, earthing and protective devices must be specified and certified by a licensed electrician, who should also draw the layout the application needs; see what an electrician checks on site. Draft 83(vi) bars any installation that would obstruct a common area, internal road, fire exit or emergency access; adversely affect structural stability; interfere with common electrical installations or essential services; create an electrical, fire or public safety hazard; or cause nuisance or damage.
Draft 83(x) makes the society not liable for loss from a private installation "except to the extent such loss is directly attributable to the negligence or wilful act of the Society". Draft 83(xi) makes the member "indemnify and keep indemnified the Society against all claims, losses, liabilities, damages, costs and expenses arising out of such installation or its use", and Form 28's fifth paragraph is that indemnity, signed by you. The draft says nothing about insurance. Have your advocate read the indemnity before you sign; our liability framework for societies sets out what to ask your insurer.
Inspection, suspension and the reasoned-order rule
Draft 83(vii): "The Society may, after reasonable notice, inspect the installation only for the purpose of verifying compliance with applicable safety standards and these Bye-laws. The Member shall promptly rectify any defect or unsafe condition pointed out by the Society or any competent authority." The word "only" limits the purpose; it does not limit how often.
Draft 83(viii) allows suspension or disconnection "by a reasoned order" in two cases: where the installation "poses an immediate danger to life or property", or where the member "fails to rectify any material defect within the time specified after notice". Bye-law 83 names no other ground for switching a charger off, though 83(viii) preserves "any other action permissible under law".
Form 29, the inspection checklist, names the inspector as the "Secretary/Committee Member/Technical Expert engaged by the Society", so nothing in it requires the inspector to be electrically qualified, and its closing line says the inspection "does not confer upon the Society any liability for the installation". If your society adopts the draft:
- ask that every inspection notice be in writing, with the date and purpose, since "reasonable notice" is not defined;
- ask that technical findings come from a licensed electrician, not a committee member's opinion;
- keep your own test reports and completion papers (see the records to keep); draft 138(v)(b) has the society keep "EV charging records" for five years, "ordinarily";
- if you receive a suspension order, check that it states which of the two grounds applies and the defect relied on.
Bye-law 83 provides no appeal against a suspension order. Complaint routes in a Maharashtra society are a separate subject, outside this page.
Common infrastructure and user charges
Draft 83(ix), in full: "The Society may establish common EV charging infrastructure for the benefit of Members and may recover electricity charges, user charges and maintenance charges in accordance with the Act, the Rules, these Bye-laws and Government directions." It is permissive twice over, and only once adopted: the society "may" build and "may" recover. Nothing in it obliges shared charging or cuts down a member's private entitlement under 83(i) because a common charger exists.
Draft 183(b) also lists "electric vehicle charging infrastructure" among installations a society may put on terraces or other common areas, and 183(c) makes such an installation subject to general-body approval and, "wherever required", structural stability certification. On a plain reading a common charger under 83(ix) would be subject to 183 as well, while a private one needs no general-body vote. The draft sets no amount, and this page does not discuss what charges are lawful. For the proposal itself, see proposing a common charging station and private versus shared charging.
Form 28 and Form 29, field by field
Form 28 is the application; Form 29 is the society's inspection record. Both are draft forms, in use only once your society adopts the bye-laws. Form 28 maps onto bye-law 83 like this:
| Form 28 item | What to enter | Draws on |
|---|---|---|
| Opening line: flat number and "Parking Space No. ___ lawfully allotted to/available for use by me" | The space number as it appears in the society's parking register | 83(i) |
| 1(a) Details of the parking space | Location, type (open, stilt, covered, stack) and number | 83(iii)(a) |
| 1(b) Specifications of the equipment | Make, model and capacity in kW, from the spec sheet | 83(iii)(b) |
| 1(c) Electrical load and source of supply | Whether it runs from your flat's meter or a separate connection, as your licensed electrician assessed it | 83(iii)(c) |
| 1(d) Layout of cabling (annexure) | The route drawing your electrician prepared | 83(iii)(d) |
| 1(e) Contractor's name and licence number | As printed on the licence | 83(v); not in 83(iii)'s list |
| Paragraphs 2 to 5 | Undertakings on compliance and the named contractor, costs, no obstruction or hazard, indemnity and inspection | 83(v), (iv), (vi), (xi), (vii) |
| Enclosures 1 to 3 | Layout and specifications; compliance undertaking; contractor's licence | 83(iii), (v) |
| Office endorsement | Filled by the Secretary: received on, "found complete on", certificate issued on, or refused for recorded reasons | 83(ii), 60 |
The "found complete on" date matters most: bye-law 60's thirty- and sixty-day periods run from receipt of a complete application, so ask for that date in writing.
Form 29 records the member, space and the dates of the certificate and inspection, then nine checks: the named contractor did the work; equipment matches the application; load and metering conform "to the sanctioned particulars"; cabling matches the layout and safety standards; no obstruction; no structural effect; no interference with common installations; no hazard or nuisance; fire safety and statutory compliance. It ends with findings, the time allowed to rectify, and a box for suspension under "Rule 83(h)", that is 83(viii).
The forms do not yet match the bye-law text: they call bye-laws "Rule", cite sub-clauses by letter, and place the EV forms in Chapter XII while the bye-law text puts parking and EV charging in Chapter XIII. The final forms may differ.
The application clock under bye-law 60, worked on your date
Bye-law 83 has no timetable of its own while no Government period is prescribed. Draft bye-law 60 sets a general one that, under 60(j), applies "uniformly to all applications under these Bye-laws unless specifically provided otherwise". Whether 83(ii)'s Government period would be such a provision, once one exists, is unsettled; until then bye-law 60 is the draft's only clock, and it too binds only an adopting society.
Suppose you hand Form 28 to the Secretary on Monday 2 November 2026; substitute your own date. We count each period from the day after the event and show the latest date allowed. Path A: complete on day one. Path B: one deficiency round, every step taken to its last day.
| Step | Draft bye-law 60 | Path A: complete first time | Path B: one deficiency round |
|---|---|---|---|
| Acknowledgement | 60(b): same day or within 3 days of receipt | Thu 5 Nov 2026 | Thu 5 Nov 2026 |
| Scrutiny | 60(c): within 7 days of receipt | Mon 9 Nov 2026 | Mon 9 Nov 2026 |
| Deficiency letter | 60(d): within 7 days of scrutiny | Not needed | Mon 16 Nov 2026 |
| Your reply | 60(d): within 15 days of that letter | Not needed | Tue 1 Dec 2026 |
| Committee meeting | 60(e): held within 30 days of the complete application | Wed 2 Dec 2026 | Thu 31 Dec 2026 |
| Decision | 60(f): within 60 days of the complete application | Fri 1 Jan 2027 | Sat 30 Jan 2027 |
| Written communication | 60(g): within 7 days of the decision | Fri 8 Jan 2027 | Sat 6 Feb 2027 |
The arithmetic on your own date:
- Path A: 60 + 7 = 67 days from the day you hand it in to the latest written decision.
- Path B: 7 + 7 + 15 + 60 + 7 = 96 days, if every step uses its full period. Reply to a deficiency letter faster and every later date moves forward by the days you save.
Three cautions. The seven-day periods are for scrutiny, a deficiency letter and communicating a decision; none is a deadline to approve. The only deemed outcome, in 60(i), is for membership, so a passed date without a letter does not mean yes. And counting conventions differ; if a date is disputed, take advice on the count. If the last date passes with no written decision, record that in a dated letter to the Secretary; persuasion from there is covered in when your society says no, and formal remedies sit outside this page.
The 2014 model, the 2026 draft and your registered bye-laws compared
The model the Commissioner's site still publishes is the "Model Bye-laws of Cooperative Housing Society (Tenant Co-Partnership Housing Society)", dated 2014 on its cover (sahakarayukta.maharashtra.gov.in; last verified 16 October 2026). It never mentions electric vehicles. Your registered bye-laws may follow it, an older model, or your own amendments; only your copy tells you.
| Question | 2014 model | 2026 draft | Check in your registered bye-laws |
|---|---|---|---|
| Is there an EV-charging clause? | No | Bye-law 83, twelve sub-clauses | Search for "electric vehicle" and for any amendment registered under section 13 |
| What is bye-law 83 about? | Scooters, motor cycles and autorickshaws needing the committee's "prior permission" to park | EV charging facilities | Which numbering your copy uses before you cite a clause |
| Who decides an EV application? | Not addressed; applications go to the committee or general body "as the case may be" (62(c)) | Committee; no general-body approval (83(ii)) | Whether a registered amendment or resolution already assigns it |
| Time limits | Shortcomings flagged within 15 days; disposal within "the maximum period of 3 months"; decision sent within 15 days (62(b)-(g)) | 3, 7, 7, 15, 30, 60 and 7 days (60(b)-(g)) | The disposal clause in your copy, and its number |
| Shared charging | Nothing | 83(ix), with 183(b)-(c) | Any general-body resolution on common chargers |
Under 2014 model bye-law 23(b), a member "shall be entitled to receive a copy of the Approved Bye-laws" on paying the charge; ask the Secretary for it in writing. If your copy follows the 2014 model unchanged, nothing in it speaks to EV charging. Bringing EV text into your bye-laws, from this draft or a final model, takes a general-meeting resolution after due notice and registration under section 13; our guide to putting EV charging on the AGM agenda covers the notice and the vote.
Common questions
Is Maharashtra's EV-charging bye-law in force?
No. It is part of a draft set of model bye-laws for tenant co-partnership housing societies; objections were invited until 27 August 2026, and on 16 October 2026 the department was still listing it for objections. Even a final version reaches your society only once your general meeting adopts it and the Registrar registers the amendment, or the Registrar directs it under section 14 and registers it after a hearing.
Under the draft, does my charger need general-body approval?
No. Draft 83(ii) says a private installation "shall not require the approval of the General Body"; the society issues the certificate without a vote. Until your society adopts it, your registered bye-laws and resolutions decide who considers your application.
How many days does the society have to issue the NOC?
The draft says "within the period prescribed by the Government", and we found none prescribed on 16 October 2026. If your society adopted the draft, bye-law 60's general clock would allow up to 67 days to a written decision on a complete application, or 96 with one deficiency round taken to its limits. Neither ends in deemed approval.
On what grounds could my society refuse?
Under draft 83(ii), only "for reasons relating to non-compliance with applicable law, safety standards or these Bye-laws", minuted and sent to you in writing (60(h)). On the words, cost to other members or fear of precedent is not among those grounds; whether a particular stated reason fits them is for the forum that hears a dispute.
Who pays for the meter, cabling and any load upgrade?
You do, under draft 83(iv): the "entire cost" of fifteen named heads, from load augmentation to removal. The draft does not state amounts. Get each figure in writing from your distribution company, your licensed electrician and the seller before you submit Form 28.
Can the committee add its own conditions?
Within limits. Draft 83(xii) lets it prescribe forms, checklists and procedures, but not "any condition which is inconsistent with or more restrictive than the applicable law or Government directions". The draft does not define "Government directions" or say whether national guidance such as the Ministry of Power's 2024 guidelines counts.