Member's right to inspect society records — Section 154B-8

You ask the secretary for the minutes of the last general meeting, or for a look at the register of members. You are told to put it in writing, or you do and then hear nothing back. Many members assume the committee can decide whether and when to share society records. It cannot. The Maharashtra Co-operative Societies Act gives every member a specific right, and it comes with specific time limits.

What the provision says

Section 154B-8 governs housing societies. Under sub-section (1), every member may inspect, free of cost, at the society's office during office hours (or a time the society fixes): a copy of the Act, the rules and the bye-laws; the last audited annual balance sheet and profit and loss account; the list of Committee members; the register of members; the minutes of general meetings and Committee meetings; and those portions of the books and records in which the member's own transactions with the society are recorded.

Under sub-section (2), on a written request and payment of the fee decided by the Registrar, the society must furnish copies of these documents within forty-five days from the date of payment of the fee. Where the society is assisted by the Government in the form of share capital, loan or land, the period is thirty days from the date of the member's request.

Failure to supply the copies as required by sub-section (2) is an offence under Section 146(p-2). Section 147(p-2) provides for a fine of Rs 100 per day after the sub-section (2) period expires, which may extend to Rs 5,000. This is a fine imposed on conviction, not compensation paid to the member.

What it means in practice

Inspection is free; copies are on payment of a fee. Bye-law 171 is the society's own schedule of copying fees, for example Rs 10 per page for minutes of general body and Committee meetings. Bye-law 23 still carries an older Section 32 reference, but the governing provision for a housing society is Section 154B-8.

Example: a member pays the copying fee on 1 March for copies of the Committee minutes. In an ordinary society the copies are due within forty-five days of 1 March, whatever the date of the request. If they are not supplied by then, the fine provision in Section 147(p-2) begins to apply.

What your committee should do

1. 1Fix and display inspection hours, and let members inspect the listed records free of cost.
2. 2Accept written requests for copies, acknowledge each one in writing with the date, and tell the member the fee payable.
3. 3Note the date the fee is paid and diarise the deadline: forty-five days from payment, or thirty days from the request if the society is Government-assisted by share capital, loan or land.
4. 4Supply the copies before the deadline ends, because delay exposes the responsible officers and Committee members to the offence under Section 146(p-2) and the fine under Section 147(p-2).