Festival fund in the monthly maintenance


I am living in a society of 128 members and currently the provisional managing committee is governing the society affairs.
My questions are below

1. provisional MC tenure is expired on 31 march 2013 and still thecommittee is working.There is no transparency of any affairs between members and MC of society like election and other problem resolution.

2. below is the part of AGM dated 22 sept 2013. i want to know 
a). is there any provision take function fund charges from members ?
The function fund charges are collected in maintenance bill under the heading "Welfare Fund".
b). is there any provision of making any parallel committee called cultural committee to utilized the said function fund?
"
The proposal for revised maintenance working was accepted by all the members. However, the inclusion of
festival fund in the monthly maintenance was met with resistance from some members present. This
proposal was again put up for voting, with the following results.
Members in favour of the inclusion - 26
Members against the inclusion - 7
It was hence decided to include the same from the monthly bills of October 2013. lt was also decided to add
Rs. 80 per flat per month for this and the festivals to be celebrated were broadly classified oS, Holi;
Ganeshotsav; Navratri; One Pooja and Christmas/Dec. 3l-'t.
A separate cultural committee for this purpose was proposed to be formed, which would work under the
Managing Committee."

Thanks in advance for answers from expert. 

 
Reply   
 
Scientist/Engineer

Where in India is your Society?  What do you mean by provisional Managing Committee?  A Managing Committee is bound to take necessary action for the election of a new Managing Committee, before its election is over. If a Managing Committee continues after the expiry of its tenure, it is illegal and any member can complain to the Registrar to take necessary action to remove the Managing Committee and hold elections for a new Managing Committee. Now the following are the points to be noted if your Society is in Maharashtra.

1. Any action taken by a Managing Committee, whose tenure has expired will continue to be valid under Section 77 of the Maharashtra Co-operative Societies Act, 1960.

2. The Society can collect what you are calling "function fund" subject to the following:

(a) The decision has to be that of the General Body.

(b) Due notice of the meeting as required under the law should have been given.

(c) Collection from members for function fund should have been clearly mentioned as an item on the Agenda for the meeting.

(d) The maximum amount proposed to be collected monthly, quarterly or as lump sum should have been specified in the Notice.

Bye-law No.5(d) of the Model Bye-laws for Co-operative Housing Societies in Maharashtra reads thus:

"To undertake and provide for, on its own account or jointly with a co-operative institution, social, cultural or  recreative  activites."

 
Reply   
 


Scientist/Engineer

The Managing Committee can constitute sub-committees. But such committees shall have no financial powers and only the Managing Committee shall be responsible to the General Body for actions taken by such sub-committee.

 
Reply   
 

Many Thanks for your reply and also need your help to under stand the some points

Please consider my below points 

1.The funding of welfare activities have to be done in accordance with Bye Law No 149 (Model 2009 of the Bye Laws) out of profits transferred from Surplus of income over expenditure every year. Collection under maintenance cannot be applied to welfare activities.

149(b)(iii)To allocate to a common welfare fund, such part of the profit as the annual meeting of the general body may determine, to be utilised in furtherance of the objects specified in the bye-law No. 5(d).

And 5(d).is (d) To undertake and provide for, on its own account or jointly with acooperative or Other Institution social, cultural or recreative activities;

Attaching a document prepared by info collected from other websites for specifically for festival fund/cultural fund/welfare fund.

Thanks in advance for help and cooperation for advice.



Attached File : 357758740 festivalfund.pdf downloaded 640 times
 
Reply   
 

Sir Can Housing society collect Festival advance & incluse same in monthly maintenance bill ? Said festival fund is being used as Lunch ,decoration on various festivals, Festival charges are also approved in Annual general body meeting
 
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