Private function for kids by group of ladies by collecting money amongst themselves
Dinesh Kandpal
(Querist) 21 December 2013
This query is : Resolved
Dear Sir
I would like to know if a society can object or deny permission to conduct any private party/function in the society ground by group of ladies (society members) by collecting money amongst themselves.
They have given request letter to conduct such party.
Please guide.
Regards
Dinesh
Kishor Mehta
(Expert) 22 December 2013
Sir,
If the party does not become a nuisance to any member of the society and if no member of the society has taken any valid objection to such party, then the managing committee should permit such party.
The managing committee may demand charges for the use of the ground.
Good Luck,
Kishor Mehta
Devajyoti Barman
(Expert) 22 December 2013
This is very much legal and reasonable. You have no right to put any objection unless they cause great disturbance to the members.
T. Kalaiselvan, Advocate
(Expert) 22 December 2013
If the ladies club of the society runs a parallel society or association, this may be an objectionable activity of the recognized and authorized association. Further the ladies organisation which is proposing to conduct such parties among themselves in the premises of the society without permission or going ahead even if not being permitted to host such activities, it may be considered as a rival faction and consequences thereon, hence it advisable to maintain a congenial situation in the place of residence.
P. Venu
(Expert) 22 December 2013
No person (a Society included) cannot prevent another person from doing what the ordinary law allows.
T. Kalaiselvan, Advocate
(Expert) 22 December 2013
Will the law permit lawful activities done by a person in some private person's property without his permission?
ajay sethi
(Expert) 22 December 2013
generally in societies AGM lays down guidelines for organisation of functions by members on payment of charges . society permits on application made by any member subject to payment of charges .
Rajendra K Goyal
(Expert) 22 December 2013
Application has been submitted but not turned down by the society. If the society turn down the request, it would inform the grounds.
Guest
(Expert) 22 December 2013
Unless and until there is any disturbance or nuisance the society could grant the permission.Also you have mentioned they are only collecting money amongst themselves.Are you disturbed in any manner.They are not strangers and they also belong to the society.There could be some guests what is your real problem to stop this.
Kishor Mehta
(Expert) 22 December 2013
Sir/s,
I would like to enlarge on my previous message, I have cited the relevant CHS rule as under:
“MODEL BYE – LAWS OF COOPERATIVE HOUSING SOCIETY AS PER 97TH CONSTITUTIONAL AMENDMENT and MAHARASHTRA CO-OP. SOCIETIES (AMENDMENT) ORDINANCE 2013
170. The society shall not let out or give on leave and license basis or permit any subletting, giving on leave and license basis any open space available under the Staircases, Terraces, Open ground, Lawns, Club house, Common Hall etc. or to any person whether the member of the society or not, for any purpose whatsoever.
(a) All open /common spaces meant for use of all members e.g, staircase, steps, landing areas, parking areas, lift, corridor, and such other spaces, cannot be occupied by any member for his own use. The use of such areas shall be restricted to the cause for which these are meant. Any member found to be violating the above condition by encroachment shall have to vacate the encroachment and further he/she shall pay an amount equal to five times the monthly maintenance charges per month for the period for which he/she has encroached such spaces and further members must not carry out any constructions, structural changes over and above the sanctioned plan without prior permission of the society and concerned municipal authorities. Any member violating the above directives shall pay an amount equal to five times the monthly maintenance charges, per month with retrospective effect for the period for which such violation is existed.”
I believe this satisfies the query of Mr. Dinesh.
Good Luck,
Kishor Mehta
ajay sethi
(Expert) 22 December 2013
BYE LAW 170 IS NOT APPLICABLE IN PRESENT CASE . SOCIETY IS NOT GIVING PREMISES ON LEAVE AND LICENSE OR SUB LETTING OPEN GROUND .
MEMBERS WANT TO ORGANISE SMALL GET TOGETHER ONLY FOR A DAY . SOCIETY SHOULD PERMIT THE SAME ON PAYMENT OF CHARGES . GROUNDS ARE FOR BENEFIT OF ALL MEMBERS OF SOCIETY .
R.K Nanda
(Expert) 22 December 2013
nothing to add more.
Dinesh Kandpal
(Querist) 23 December 2013
Thank you sir's for replying. This party was actually hosted for children's in the society, but money collection was within a group of few ladies only.
Few members of the committee had objection as to why this group should collect money even if it is amongs't them as friend and we as society should restrict such party's. The committee is of the opinion that no individual groups can conduct such party's and if they are organizing they shouldn't be allowed on the society premises and do it outside or at their homes, which I objected as not legally/morally right.
What is the remedy if let say few people take objection? Can this party still go on or cannot be allowed?
Devajyoti Barman
(Expert) 24 December 2013
You can not stop this party, it is perfectly legal.
Rajendra K Goyal
(Expert) 24 December 2013
Repeated at:
http://www.lawyersclubindia.com/experts/Private-function-for-kids-by-group-of-ladies-by-collecting-money-amongst-themselves-443406.asp#.UrmEb-KLq_I
Dinesh Kandpal
(Querist) 24 December 2013
Thank you sir's for clarifying my last doubt's, as I was the sole person who was in favour of allowing the party. Great help.
V R SHROFF
(Expert) 24 December 2013
Such parties must be once a month or year. , and beneficiaries are children of society members and not outsiders.
They have right to use open space of Society ground. It is nor a commercial activity, nor claiming possession or occupation. Just because few members object to it, or hv no small children, cannot deprive Society member to use ground once in a while.
