In cooperative housing societies, transparency and accurate record-keeping are essential, especially when it comes to recording minutes of general body meetings. If a secretary fails to record a member’s dissent or observations—despite oral and written submissions—it amounts to a violation of the Maharashtra Cooperative Societies (MCS) Act and the Model Bye-laws.
Rules for Recording Minutes of Society Meetings
As per Bye-law 108 of the Model Bye-laws and Section 91 of the MCS Act, the following procedure is mandatory for maintaining minutes:
- Draft Minutes Preparation:
The managing committee must finalise the draft minutes of the General Body Meeting within 3 months of the meeting date. - Circulation of Draft Minutes:
These draft minutes must be circulated to all members within 15 days of the committee meeting where they are finalised. - Member Observations:
Members can submit written observations or objections within 15 days of receiving the draft minutes. - Finalisation of Minutes:
The managing committee, at its next meeting, must consider these observations and incorporate valid points before recording the final minutes in the society’s minutes book. The secretary is responsible for this. - Record of Dissent:
If a member has expressed dissent or opposition, either orally during the meeting or through a written submission afterward, this must be duly noted in the minutes.
What to Do If the Secretary Ignores Your Dissent
If your dissent or observation is not recorded, follow these steps:
- Submit a Written Reminder:
Write to the secretary, reminding them of your objection and request that it be included in the final minutes. Keep a copy of this letter as proof. - Escalate to the Chairman or Committee:
If the secretary fails to respond, escalate the matter to the Chairman or the entire managing committee in writing. - Approach the Advisory Committee:
Societies are required to have an advisory committee (Bye-law 174). Submit your complaint to this body for redressal. - File a Complaint with the Registrar or Cooperative Court:
If internal resolution fails, you can file a formal complaint under Section 91 of the MCS Act in the Cooperative Court. You may also approach the Registrar of Cooperative Societies, highlighting the manipulation or omission in minutes.
Minutes are a legal record of what transpired at a meeting. Omitting valid dissent or observations can affect future decisions, misrepresent the democratic process, and harm transparency. Falsification or manipulation of minutes is a serious offense, and responsible office bearers may face disqualification, fines, or other penalties.
You have every right to ensure that your dissent is properly recorded in the society’s official records. If internal requests fail, don’t hesitate to use legal remedies to hold the secretary and committee accountable. Transparency is at the heart of cooperative society governance, and members play a key role in upholding it.
