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Cultural activity in chs

(Querist) 05 September 2014 This query is : Resolved 
Some of the members of the society have decided in the gathering of Independence day that let's celebrate Ganpati Festival. (Independence day celebration was arranged in a simple manner by the secretary from society funds, merely Rs. 2000/- spending). Some members took out their wallets and paid the voluntary contribution/donation of Rs. 500/- then and there for Ganpati Festival.

To help celebrate festival in everybody's interest, the secretary also wrote a notice and circulated that the Ganpati Festival will be celebrated and interested member are requested to pay Rs. 500 per flat for the same. The Secretary, nominated 4 residents in the building as cultural committee for the festival and mentioned in the notice that the chairman will drive this as well as all the cultural activities in the premises which was mentioned in earlier notice with distribution of different responsibilities of different members of the MC.

Donations were voluntary, collected separately with one of the residents and spent on the exclusive that activity only.

Now, some money is left over. The cultural committee wants society to keep that amount in the same society A/C marked separately for cultural activities. I feel this should be OK. Please advice.

In between, some people those who have later on not participated in the festival have sent a mail to the MC asking keep the cultural activity separate and do not mix with society.

Looks society done the same thing. Now, questions are;

1. Can't the society declare this kind of cultural committee having volunteers/residents (mix of associate member, relative of member & resident of the society, but not the members of the society) to be driven by some members of MC?

2. Can we keep left over amount in society bank A/C marked separately, like FD, and use the same for next festival?

3. What's wrong in MC members actively participating in the festival celebration? Including arrangements etc.?

4. Can society donate some reasonable funds to this kind of cultural festival from their society A/C?

Please advice.
Sudhir Kumar, Advocate (Expert) 05 September 2014
no reply can be given without know the constitution of the society.
Rajendra K Goyal (Expert) 05 September 2014
Bye laws and resolutions have to be referred for any advise.
Sanjay Mote (Querist) 05 September 2014
Sirs,
Its a CHS formed legally in Thane area. All are elected members in the first AGM called by the builder and its been only 3 months the CHS MC has taken over.
Sudhir Kumar, Advocate (Expert) 05 September 2014
what is the provision of the constitution of the society.
Raj Kumar Makkad (Expert) 07 September 2014
There is no harm to arrange such cultural activities within the premises of the soceity if majority of the members desire such activities for the healthy relationship through such events. The left over amount can definitely be deposited in the bank account in separate head meant for the cultural activities which can be utilized either for future events or donation for similar activities. The objection of some of the members have nothing to do when the event has already been over.

Everything is not mentioned in the bye-laws.
malipeddi jaggarao (Expert) 08 September 2014
1. Any member nominated in the cultural committee should be a resident - either owner or tenant. No outsiders should be roped-in to avoid controversies later.
2.Yes.
3. No wrong.
4. Such acts will invite criticism. Donation to another organization is unwarranted, as there will many more festivals to celebrate by the in-mates.
Sanjay Mote (Querist) 08 September 2014
Thanks to all for confirming all the points.
T. Kalaiselvan, Advocate (Expert) 09 September 2014
These things are local and can very well be discussed in the AGM and resolutions be passed accordingly, no need for clarification with outsiders because it is an internal affair among the members of that organisation.
Raj Kumar Makkad (Expert) 09 September 2014
You are most welcome Sanjay.


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