Buying a shared EV charger as a society: spending limits, quotations, tenders and general-body approval in your own bye-laws, worked on Maharashtra's model

Whether a housing society must tender for a shared EV charger is decided by its own registered bye-laws, or a limit its general body fixed under them, within the state law those bye-laws sit under; national EV guidelines set no procurement procedure. Two numbers in those bye-laws drive the whole procedure: how much the managing committee may spend without the general body, and the cost above which tenders must be invited. We work both on Maharashtra's model bye-laws for co-operative housing societies, the 2014 text and a 2026 revision that is still a draft, then compare offers, score them, keep interested committee members out and build the approval file. This is not legal advice.

Why procedure matters as much as price

National guidance leaves the procedure to you. The Ministry of Power's Guidelines for Installation and Operation of Electric Vehicle Charging Infrastructure-2024 (No. 12/2/2018-EV, dated 17 September 2024; Bureau of Energy Efficiency copy, last verified 16 October 2026) say that, "In consultation with the distribution licensee", a society "can establish EV charging stations within their premises" (cl. 16(2)), and that "Residents can decide on the types and number of community EV chargers to be installed" (cl. 16(3)). They set no spending limit and no tender procedure; see the guidelines clause by clause.

A low price obtained outside the bye-law procedure leaves the committee defending the process, not the charger, and the bye-laws make that personal. Maharashtra's 2014 model bye-law 136 makes committee members "jointly and severally responsible for all the decisions taken by the committee during its term" and for "all the acts and omissions detrimental to the interest of the Society". The 2026 draft keeps this in bye-law 131 and adds, in bye-law 107(a), that the committee "shall function in a fiduciary capacity" (draft; check adoption).

A model binds nobody until a society adopts it by amending its own bye-laws, which under 2014 bye-law 165 needs 14 days' notice to all members, "not less than 2/3rd majority of the Members present and voting", and approval and registration by the Registering Authority. Get a certified copy of yours first. If your building is run by an apartment owners' association or an RWA registered as a society, your declaration, deed or bye-laws and your state's law take the place of these texts; what is actually settled on EV charger rules explains why state law decides.

Spending limits by society size: the 2014 model and the 2026 draft

The two documents:

• Model Bye-laws of Co-operative Housing Society (Tenant Co-Partnership Housing Society), dated 2014 on its cover and hosted by Maharashtra's Commissioner for Co-operation and Registrar of Co-operative Societies (sahakarayukta.maharashtra.gov.in; last verified 16 October 2026). It binds a society only where that society registered it.
• Draft revised model bye-laws for tenant co-partnership housing societies, opening with a Marathi press note from the Commissioner for Co-operation and Registrar that invited suggestions and objections by 27 August 2026 (government file-host copy, linked from the Co-operation Department's Acts & Rules page; both last verified 16 October 2026). Neither carries a date of issue. On 16 October 2026 it was still listed as a draft and we found no notified version, so every draft bye-law cited here is a proposal, not law.

Both set the committee's own spending power by member count. Over the limit, 2014 bye-law 156(b) requires "prior sanction of the meeting of the General Body of the Society"; draft bye-law 147(f) makes prior approval "mandatory except in cases of emergency repairs" (draft; check adoption).

Read the words around the numbers. Both limits are for "repairs and maintenance", and neither text says a new installation counts as a repair. The draft closes that gap another way: its bye-law 183, below, would require general-body approval for EV charging infrastructure whatever it costs. The 2014 text has no such clause and gives the committee a spending power only for repairs and maintenance, so our reading is that a new shared charger needs general-body sanction under it too; the repairs limit matters later, when a unit fails out of warranty.

Find your tier on your own figures. Suppose your society has 64 members and your technical expert's written estimate for two shared points is ₹2,40,000; substitute both.

• 2014 model: 64 falls under "51 and above", limit "Rs. 1,00,000/-". ₹2,40,000 − ₹1,00,000 = ₹1,40,000 over, so even a repair of this size would need prior general-body sanction.
• 2026 draft: 64 falls in "51 to 100 Members", limit "₹3,00,000". ₹2,40,000 is within it, so a repair of this size would not need the general body; the installation would, under draft bye-law 183.
• Replacement later: suppose a failed unit is quoted at ₹90,000. That sits within both limits, subject to the tender limit below.

Treat one project as one figure. 2014 bye-law 156(a) gives the committee its power "once in a financial year"; draft 147(e) speaks of "one-time expenditure" "in a financial year". Splitting a ₹2,40,000 job into three orders of ₹80,000 fits neither wording, and the minutes will still show one project.

When a tender is required, and who decides

Neither text fixes a tender figure; both leave it to the general body. Under 2014 bye-law 156(c), the general body "shall decide" the limit up to which repairs and maintenance "could be incurred by the Committee without calling for tenders for the work". Above it, the committee "shall follow the procedure of inviting tenders, placing them before the General Body Meeting for approval and entering into contract with the Architect (if appointed) and the Contractor". Draft bye-law 147(g) says the general body "shall determine the monetary limit up to which tenders need not be invited", and above it tenders "shall be invited through a fair, transparent and competitive process" (draft; check adoption).

So first find, in the minutes, whether the general body ever fixed that limit. If it never did, or fixed it with only repairs in mind, ask it to fix one that expressly covers the charger project, in the resolution approving the project in principle. That also settles the repairs-versus-installation question above.

Run your own case. Suppose the general body fixed ₹1,50,000 as the limit below which tenders are not needed. An estimate of ₹2,40,000 is ₹2,40,000 − ₹1,50,000 = ₹90,000 over it, so tenders are required. Had the estimate been ₹1,40,000, neither text would require tenders, though written quotations from several suppliers are still the record the general body can check.

The draft does not define "fair, transparent and competitive". For a charger project, a workable reading, ours and not the draft's:

• one written request, identical for every bidder, with the specification attached and a closing date and time;
• a copy on the notice board, and a record of every firm it was sent to;
• bids to a society address, in a sealed envelope or to the society's own email account, never to one office-bearer's phone;
• bids opened together at a committee meeting, as 2014 bye-law 156(i) sets out for construction tenders: "The Secretary shall open the tenders received by him in the meeting of the Committee";
• no price changes after opening, and any clarification sent in writing to every bidder.

Three proposals and a comparative statement

The draft separates two decisions: who designs and supervises the job, and who does it. The first is draft bye-law 148 (draft; check adoption). Clause (a): "For major repairs, structural repairs or other technical works, the Society shall appoint a qualified Architect, Structural Engineer or Technical Expert with the approval of the General Body Meeting." Clause (b): "The Managing Committee shall ordinarily obtain proposals from at least three qualified professionals and place a comparative statement before the General Body Meeting." Our reading is that a charger installation falls within "other technical works"; the draft ties "Technical Expert" to no discipline. For a charger the relevant expert is electrical, and the work must be specified and certified by a licensed electrician; see what an electrician checks on site.

That professional prepares "technical reports, drawings, specifications and estimates" (148(f)(iii)). Get the estimate before any supplier prices the job: it sets your tier and tender trigger, and gives an independent figure to judge quotes against, not just each other.

The second decision is draft bye-law 149 (draft; check adoption). Its heading is "Procedure for Major Repairs and Structural Repairs", and nothing in it extends it to a new installation. We use it as the closest procedure the draft offers for choosing and supervising a contractor; whether a society must follow it for a charger is unsettled. Clause (d): "Where tenders are required, the Managing Committee shall invite them through a fair, transparent and competitive process, prepare a comparative statement and place the same before the General Body Meeting." Clause (e): "The General Body Meeting shall approve the contractor or agency for execution of the work." The 2014 model has the same shape for construction tenders: the committee scrutinises them, prepares "its report", and places it before the general body "for its decision" (bye-law 156(i)).

A quote belongs on the statement only once it describes the same job as the others; the line-by-line method is in how to compare installation quotes. Suppose three bids came in on a request for at least two points within the load your electrician stated. Every figure below is illustrative; substitute your own.

Pricing the gap stops Bidder C winning by omission: ₹1,50,000 + ₹20,000 = ₹1,70,000.

Normalising quotes to cost per point per year

This comparison is for purchase quotes only. An operator offering to install at no capital cost in exchange for a higher unit price is a different decision, worked in the operator deal check; which components belong in a purchase price is set out in budgeting a society charging station.

With scope levelled, one figure puts points and warranty on a common scale:

Cost per point per year = adjusted price ÷ charging points ÷ warranty years

• Bidder A: ₹1,80,000 ÷ 2 ÷ 2 = ₹45,000
• Bidder B: ₹2,70,000 ÷ 3 ÷ 3 = ₹30,000
• Bidder C: ₹1,70,000 ÷ 2 ÷ 1 = ₹85,000

It is the price of one point for each year in which a fault is the supplier's problem, not the society's; it is not depreciation or working life. Three checks keep it honest:

• Points count only if you need them. If your demand survey supports two points, ask Bidder B for a two-point price instead of dividing by a point you never asked for; how many points a society needs helps set that number.
• Warranty years count only as written. Three years of parts-only cover is not three years of parts, labour and site visits. Get each warranty's terms in writing before scoring it.
• Running costs sit outside it. Electricity, service after the warranty and eventual replacement belong in the reserve, which the five-year reserve projection sizes on your numbers.

A scoring matrix with weights your committee chooses

The general body will ask why the committee did or did not pick the lowest figure; a weighted matrix answers that, provided the weights are minuted before any bid is opened. Weights set after seeing prices only decorate a choice already made.

Some conditions are gates, passed or failed, never traded against price:

• the bid meets the specification your licensed electrician wrote, including the charger standards in Annexure I and the safety checklist in Annexure II of the 2024 guidelines cited above (Bureau of Energy Efficiency copy, last verified 16 October 2026);
• a licensed electrical contractor will do the electrical work, with the licence copy attached;
• no committee member has an undeclared interest in the bidder (next section);
• the bidder accepts the contract terms your bye-laws require, including any dispute clause.

Then the weights. Suppose your committee minutes the weights below and scores each non-price criterion from 1 to 5 on written evidence; substitute your own. Price is scored as the lowest cost per point per year ÷ the bidder's × 5, so Bidder A gets ₹30,000 ÷ ₹45,000 × 5 = 3.33 and Bidder C gets ₹30,000 ÷ ₹85,000 × 5 = 1.76. Each cell is weight × score ÷ 5, with the score in brackets.

Before minuting the result, test it. Move the price weight to 20 and then to 60, scaling the other weights so the total stays 100. Bidder B scores 77.3 and 88.7, still first, with Bidder A at 68.0 and 67.3, so this ranking is robust. If yours flips, the minutes should say why the committee chose its weight.

Conflict of interest: the officer-interest bar

2014 model bye-law 115 says: "No Officer of the Society shall have any interest, directly or indirectly, otherwise than as such officer", and the first case it lists is "In any contract made with the Society". Draft bye-law 111 repeats the bar for "any contract entered into with the Society", and both texts define "Officer" to include a "Member of the Committee" (2014 bye-law 3(xxxiii); draft 4(xxii), draft; check adoption).

A second rule governs the meeting itself. 2014 bye-law 119: "No Member of the Committee shall be present at the consideration of any matter, in which he is directly or indirectly interested." Draft bye-law 115(b) adds that the member "shall disclose the nature of interest before the Committee and shall withdraw from the meeting while such matter is being considered", and warns: "Any decision taken in contravention of this provision shall be liable to be set aside" (draft; check adoption).

Leaving the room satisfies the presence rule; it does not cure an officer's interest in the contract itself. If an award would give an officer such an interest, the clean course is not to award it to that bidder, and to take advice before proceeding otherwise.

Neither text defines "indirectly". Our suggestion is to treat each of these as declarable:

• a firm owned or run by the member's relative;
• a firm that employs the member or pays them as a consultant;
• any commission, referral fee or free unit offered to a member;
• owning an EV that will use the charger: an interest as a user, not in the contract. Draft 115(a) reaches "any matter", and neither text says whether a user's interest counts, so disclose it and minute whether that member stayed for the decision.

Collect a signed declaration from every committee member before the request goes out, and again at opening, when you first know who bid.

General-body approval and the structural certificate

Draft bye-law 183 sets the conditions for EV charging infrastructure that the society installs for everyone (draft; check adoption). Clause (b) lets the society install "electric vehicle charging infrastructure", among other systems, "Subject to technical feasibility, structural safety and financial viability" and "for the common benefit of the Society". Clause (c) makes such installation "subject to":

• "(i) approval of the General Body Meeting;"
• "(ii) structural stability certification wherever required;"
• "(iii) compliance with applicable laws, Government policies, Development Control Regulations and safety standards;"
• "(iv) ensuring that the installation does not adversely affect structural stability, waterproofing, fire safety, emergency access, refuge areas or essential services of the building."

Draft bye-law 107 likewise lets the committee appoint professionals "including architects, structural engineers, contractors" "with prior approval of the General Body". Clause 183(d) leaves to the general body the "recovery of expenditure, maintenance responsibilities and operation of such systems", so the same vote should settle how users pay; how societies bill EV charging sets out the options.

"Wherever required" is not defined, and the draft does not say who decides. Ask your technical expert to state in writing whether the chosen mounting and cable route touch structure: a core cut through a slab, trenching in a podium, fixings into a beam, a pedestal on a terrace. If so, obtain a structural engineer's certificate before work starts. Either way, the statement goes into the general-body papers. Electrical safety is separate, for the licensed electrician.

Sequence matters. Followed as written, the draft needs two general-body decisions: the expert who writes the specification is approved first (148(a)-(b)), and the contractor only once bids are in (149(e)). The first sitting can also approve the project in principle and fix the tender limit. The second need not wait for the annual meeting: under 2014 bye-law 95 a special general body meeting "may be called at any time" by the chairman or a committee majority. Putting EV charging on the AGM agenda covers notice and wording. Drawing on draft 149(b), (c) and (g), the resolution approving the contractor should record:

• the scope, the expert's estimate and the approved price;
• the source of funds;
• the method of execution and the tender limit applied;
• the named contractor and the scoring sheet relied on;
• the structural-certification statement;
• whether a Works Monitoring Committee is constituted, and who sits on it.

The 2014 model adds a contract term. Bye-law 156(j): contract deeds with the Architect and the Contractor "shall provide a stipulation for settlement of the disputes arising out of execution of the Contracts shall be referred to sole Arbitrator appointed by the Society". We found no equivalent in the draft. A clause letting the society alone choose the arbitrator runs into a Supreme Court ruling: in Perkins Eastman Architects DPC v. HSCC (India) Ltd., Arbitration Application No. 32 of 2019, decided 26 November 2019, the Court held that "the person who has an interest in the outcome or decision of the dispute must not have the power to appoint a sole arbitrator" (para 16; indiankanoon.org copy, last verified 16 October 2026). How a bye-law written in 2014 and that ruling fit together is unsettled, so have your advocate draft the dispute clause before signing; this is not legal advice.

Works monitoring and the completion package

After the vote, the committee "shall execute the agreement with the selected contractor or agency and supervise the execution of the work" (draft 149(f)), and the general body "may constitute a Works Monitoring Committee to monitor the progress of the work and report periodically to the Managing Committee" (149(g); draft, check adoption). The 2014 model states the same duty in bye-law 157: it is "the responsibility of the Committee till the completion of the work".

Supervision is easiest when payment follows measured work, certified by the draft 148 professional, whose duties include "supervise execution wherever required" and "certify stage-wise and final completion" (148(f)(v) and (vi)). Suppose the approved contract is Bidder B's ₹2,70,000 and your agreement fixes four stages; the split is yours to choose.

• Equipment delivered, model and serial numbers matching the bid: 30%, so ₹2,70,000 × 0.30 = ₹81,000.
• Cabling and containment installed and measured against the drawing: 30%, ₹81,000.
• Commissioning, and handover of the documents your specification demanded: 30%, ₹81,000.
• Retention until the defect liability period ends: 10%, ₹27,000.

Measurement matters where the contract prices extra length. Suppose the drawing shows 60 metres, the expert measures 72, and your contract's rate for extra metres is ₹450: 12 × ₹450 = ₹5,400. Pay it only against a variation approved in writing beforehand, and list it among the "deviations" reported on completion.

On completion, draft 149(i), if your society follows it, requires the committee to place before the general body "(i) the Completion Certificate; (ii) final statement of expenditure; (iii) details of deviations, if any; (iv) warranties and guarantees received; (v) defect liability obligations of the contractor, if any." The completion resolution notes these, records when each warranty starts as the contract defines it, and dates the retention release.

The procurement file, in the order to build it

Draft bye-law 149(h) requires that "all technical reports, estimates, tender documents, comparative statements, work orders, agreements, stage-wise progress reports and completion certificates are available for inspection by Members", and draft 138(d) lists "Contracts, agreements, tenders, quotations, work orders and completion reports" among records that "shall ordinarily be preserved for ten years" (draft; check adoption). The 2014 model already asks for a separate file of "All Types of Agreements, with papers connected thereto" (bye-law 141(xiv)). Build the file as you go, in this order:

1. Certified extracts of your registered bye-laws on spending limits, tenders, interest and approval.
2. The general-body resolution approving the project in principle and fixing the tender limit.
3. The technical expert's three proposals, comparative statement, approval and agreement; then the expert's specification, drawing and estimate.
4. Signed interest declarations from every committee member.
5. The request for quotation or tender notice, the list of recipients and the closing date.
6. The weights, minuted before opening; bids as received; the opening minutes and second declarations.
7. The comparative statement and scoring sheet.
8. The structural-certification statement, and the certificate if one was required.
9. The general-body resolution approving the contractor and price, then the signed agreement and work order.
10. Stage certificates, measurement sheets, variation approvals and payment records.
11. The completion papers under draft 149(i) and the minutes noting them.
12. The dated release of the retention.

The electrical records that follow handover are a separate set; the paperwork to keep for an EV charger lists them.

Common questions

Does a housing society have to tender for an EV charger?

Its registered bye-laws decide, or a limit its general body fixed under them; national EV guidelines set no tender procedure. Under Maharashtra's 2014 model (bye-law 156(c)) and the 2026 draft (147(g), not in force), the general body sets that figure; neither text fixes one. Find it in your minutes, or ask the general body to set one.

How much can a managing committee spend without the general body?

Whatever your registered bye-laws say. The 2014 model allows "Rs. 25.000/-", "Rs. 50,000/-" or "Rs. 1,00,000/-" depending on member count (bye-law 156(a)); the draft proposes five bands from "₹1,00,000" to "₹5,00,000" (147(e)). Both are written for repairs and maintenance; draft bye-law 183 would require general-body approval for EV charging infrastructure regardless of amount.

How many quotations does a society need?

Neither text fixes a number for supply quotes. Draft bye-law 148(b) says the committee "shall ordinarily obtain proposals from at least three qualified professionals" when appointing the technical expert, and 149(d), in its major-repairs procedure, asks for a comparative statement wherever tenders are required. Where fewer firms respond than you asked, minute who was approached and who declined.

Can a committee member's relative supply or install the charger?

Under the 2014 model (bye-law 115) and the draft (bye-law 111), no officer may have an interest "directly or indirectly" in a contract with the society, and both define committee members as officers. Neither defines "indirectly", so whether a relative's firm counts is unsettled. Treat it as a declarable interest; leaving the room satisfies the presence rule but not the contract bar.

Do we need a structural certificate for a shared charger?

Draft bye-law 183(c)(ii), not in force, would make installation subject to "structural stability certification wherever required", without saying when or who decides. Get your technical expert's written view on whether the work touches structure, and a structural engineer's certificate if it does.

Our building has an apartment owners' association, not a co-operative society. Does this apply?

Not these texts: your declaration, deed or bye-laws and your state's apartment ownership law set the limits. The method transfers: an independent estimate, a limit fixed in advance, a comparative statement, weights set before opening, interest declarations and a complete file.