Are the minutes of the managing committee meeting of an association of professionals, which is also registered with the charity commissioner as a trust considered confidential /secret? can a managing committee member who divulges the proceedings of the meeting to a non trustee general body member, be held responsible for any transgression of law//
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Minutes of managing committee meeting have to be only circulated to trustee members
2) any member can seek inspection of record of discussion held by MC
3) there is no violation of law by trustee member if informs general member about decision taken by managing committee
The members of the association are entitled to know the minutes of the meeting that was held either in his presence of absence.
That is the right of the member of the association.
If a member of the association demands the details or desires to know the minutes, the committee who is responsible for this have to let out the details, failing which they can be held liable for the legal consequences.
No, it is not confidential legally. In fact, any member of the association can demand minutes of the MC meetings as a matter of right. Surely, the bylaws provide for such right.
- As per law, Minutes are an official and legal record of the board meeting.
- Further, within 15 days from the date of the conclusion of the Meeting of the Board or the Committee, the draft minutes thereof shall be circulated to all the directors of the Board or the committee for their comments.
- Further, a member has a right to examine the minutes , and the secretary of an association has to make them available to members that ask for them.
- Hence , a management committee member who divulges the proceedings of the meeting to a non trustee general body member cannot be held responsible .
A trustee member is passing on the detailed discussions (minutes) of the managing committee meetings (not just the decisions) as pointed out by Adv Ajay Sethi. The sole aim is to foment trouble. (e.g.by making frivolous complaints to the charity commissioner's office) . he has not taken any official permission from either the committee or the secretary. We are aware that any general body member can officially ask for the minutes of the managing committee-but is it not upon an official written request for the same?. But what about a trustee unofficially leaking/making available managing committee's detailed minutes without a formal request by the said general body member to the committee or the secretary? can that trustee be penalised in any way? thank you all who have answered.
Request in writing has to be made by members seeking inspection of records of minutes of meeting of MC
2) since he is leaking information issue him show cause notice as to why action should not be taken against him
3) fix a date for personal hearing
4) then take proceedings for removal of trustee as per provisions of trust deed
The trustee if misusing the power or the situation for some wrongful gains then he can be held liable for contradicting the laws or flouting the regulations or clauses made in the bylaws of the trust.
In that situation, if it has been brought to the notice of the president or the secretary of the trust, they can initiate action as per the provisions of the bylaws seeking explanation and holding him guilty of the offence, if he has committed one by revealing the details of the meetings to a member of the body.
In any case the trustee cannot be held liable for committing any offence if the said details were passed on to one of the members only.
There is no such rule that a member has to give a request in writing to know about the details of meeting or the minutes of the meeting which was concluded.
The member has full rights to know about them and he can demand from the secretary to show the minutes book to know whether the minutes were recorded as per the meeting that concluded.
If a member seeks information on the minutes of the MC meeting, let him/her give a written request and obtain proper acknowledgement. If an office-bearer of the MC divulges any information voluntarily, he/she cannot be penalized for that act. There is no question of any 'violation' of secrecy or confidentiality here, as the affairs of such associations are an open book intended to practice transparency in conduct of affairs.
1. Yes if he has done fraudulent activities.
2. You can take action against the trustees
