SocietySeWA Legal Desk
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Sahakar News Desk · societysewa.in
Minutes are written twice. Most write once
उपविधी १०८ — मसुदा ३ महिन्यांत, समितीच्या सभेनंतर १५ दिवसांत सदस्यांकडे, हरकतींसाठी १५ दिवस, मगच इतिवृत्त पुस्तकात; हा क्रम चुकला तर सभा नव्हे, इतिवृत्तच वादग्रस्त
The AGM is over. The accounts are adopted, the auditor is appointed, the budget is passed, and the Secretary writes up the minutes that night and pastes them into the book. Everything about that sentence is wrong except the first four words — and the mistake surfaces exactly when the minutes are needed: in a dispute, before the Registrar, or in the next AGM when a member asks why the record says something he does not remember hearing.
Bye-law 108 does not describe minutes written once. It describes minutes written twice — a draft that the members see, and a final record that answers what they said about it.
The timetable in bye-law 108
- 1Within 3 months of the meeting — the Committee finalises the draft minutes at a committee meeting.
- 2Within 15 days of that committee meeting — the draft is circulated to all members.
- 3Within 15 days of circulation — members may send the Secretary their observations on the draft.
- 4At the Committee's subsequent meeting — the Committee prepares the final minutes after considering the observations, and has them recorded in the Minutes Book by the Secretary or a person authorised for the purpose.
Four steps, four dates, two committee meetings. A minutes book entry made the night of the AGM, without the draft, the circulation and the window for observations, is not the record bye-law 108 requires. It is one person's account.
The circulation is a communication to members under bye-law 162: by hand, by post or registered post, or by email, to the last known address, with a copy on the notice board. The email route makes this cheap; the notice board copy makes it deemed served.
What the minutes must contain
A minute that survives a challenge answers the questions a challenger asks. For each AGM, in this order:
- •The meeting. Date, time appointed, time called to order, place — and, for a hybrid meeting, that it was held in person and by video conferencing under Rule 106C-13(3), on which platform.
- •The notice. The date the notice was served, the mode under bye-law 162, and that it was displayed on the notice board — so the 14 clear days under bye-law 99 are on the face of the record.
- •The Chair. That the Chairman of the Society presided under bye-law 103, or that the members elected one of themselves and by what vote.
- •The quorum. Members present in person, members present by video, total, and the bye-law 100 figure — and, if the quorum failed, the adjournment under bye-law 101 and the fact that the adjourned meeting transacted the business whether or not there was a quorum.
- •Each item of the bye-law 95 agenda, in order, with the text of every resolution as passed, the proposer, the seconder, and the vote — in favour, against, abstaining, counting the hall and the screen separately; the Chairman's casting vote under bye-law 106 if it was used; and the majority required under bye-law 107 or any special provision.
- •Dissent. A member who asks for his dissent or his objection to be recorded is entitled to it. Recording it costs nothing; refusing it is the beginning of the challenge.
- •Any other business under bye-law 95(k), with the Chair's permission noted — and nothing under it that needed notice.
- •Postponement of unfinished business under bye-law 102, with the date fixed and the items outstanding.
- •Close. The time the meeting ended.
Write resolutions in the operative words, not in summary. "Resolved that M/s ___ , from the panel approved by the State Government, be appointed Statutory Auditor for the year 2026-27 at a remuneration of Rs ___" can be acted on. "Auditor appointment discussed and approved" cannot.
The video annex
For a hybrid meeting, the minutes carry an annex that did not exist before 2026. Rule 106C-13(3) makes a remote member's presence and vote conditional on the system having recorded and recognised the participation and stored the proceedings with the date and time. The minutes should therefore record, and the AGM file should hold:
- •the exported participation log — member, flat number, join time, leave time — signed by the Secretary as the log used for the quorum count;
- •the roll-call votes of remote members on each resolution;
- •where the recording is stored, its duration, and who holds custody;
- •any drop-out that affected the quorum or a vote, and when it occurred.
A minute that records "members also attended online" and nothing more has recorded the one fact the Rule does not accept on its own.
Handling the observations
Members' observations under bye-law 108 are not a nuisance; they are the reason the draft exists. When they arrive:
- 1Enter each one in the AGM file with the date received.
- 2Place them before the Committee at its subsequent meeting.
- 3For each, the Committee decides — accept, and amend the draft; or decline, and record why. That decision goes in the committee's own minutes.
- 4The final minutes reflect the accepted observations. They do not need to reproduce the declined ones, but the committee minutes must show they were considered.
An observation that is ignored — neither accepted nor declined on the record — is the strongest evidence a challenger can have that the minutes were not prepared the way the bye-law requires.
The book, the file and the next AGM
Bye-law 141 requires the society to maintain a Minutes Book for the general body as a distinct record from the committee's Minutes Book. It should be bound or securely page-numbered, the entry signed by the Secretary and the Chairman, and the date of entry recorded. Bye-law 142 requires a file of the notices and agenda of general body meetings; keep the attendance sheet, the video annex, the draft, the observations and the committee's decisions on them in the same file.
Two further consequences follow from the minutes:
- •Bye-law 109. A resolution of the general body cannot be cancelled by a later resolution until six clear months have passed. The date on the minutes fixes that clock.
- •Bye-law 95(a). The minutes are read at the next AGM and the action taken on them noted. The members will audit the record a year later, in public. Write it for that reading.
What your committee should do this week
- 1Before the AGM: prepare the minutes template from the headings above, with the bye-law 95 agenda already entered, so the Secretary records against a structure rather than from memory.
- 2Name the minute-taker, separately from the Secretary if the Secretary is presenting the accounts.
- 3For a hybrid meeting, name the person who exports the participation log the same evening and hands it to the minute-taker.
- 4Diarise the four bye-law 108 dates now — draft finalised, circulated, observations closed, final adopted — working back from the meeting date.
- 5Decide the circulation mode under bye-law 162: email to the registered address plus the notice board is the simplest that is also deemed served.
- 6Check the general body Minutes Book under bye-law 141: page-numbered, up to date, last year's minutes signed.
So — why twice?
Because the first writing is the committee's version and the second is the society's. Bye-law 108 puts the draft before every member and gives them fifteen days to say where it is wrong, and only then lets the record be made. Minutes written once carry only the authority of the person who wrote them. Minutes written twice carry the authority of a general body that saw the draft, said its piece, and was answered — which is the only kind of authority a challenger cannot argue with.
Every bye-law number in this circular is to the Model Bye-laws of Co-operative Housing Societies, 2014 (175 bye-laws) — bye-laws 95, 99, 100, 101, 102, 103, 106, 107, 108, 109, 141, 142 and 162 — read with the MCS Act 1960 and the Rules made under it, and with Rule 106C-13(3) of the MCS (Amendment) Rules 2026 for the hybrid-meeting provision. A society whose registered bye-laws differ should read this against its own.
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This is a news report by the SocietySeWA News Desk, written from the source named above. It is NOT a Government circular, notification or order, and it is not a circular of this firm. Always read the source before acting on it.
General information for Maharashtra co-operative housing societies — not legal advice on any specific matter.
SocietySeWA News Desk
24 September 2026