Festival fund in the monthly maintenance
Shrikesh Kumar Pandey
(Querist) 17 January 2014
This query is : Resolved
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 the committee 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.
T. Kalaiselvan, Advocate 
(Expert) 17 January 2014
Once the matter has been decided by majority votes during the meeting held for the purpose, what is the illegality in it?
Rajendra K Goyal
(Expert) 17 January 2014
a) Bye laws is to be referred to find out whether there is any provision of collection such fund directly or indirectly.
b) There is no restriction in forming of such sub committee till restricted by the bye laws or the act.
P. Venu
(Expert) 18 January 2014
The decision of the Managing Committee, even if by a massive majority, in collecting the Festival Fund is not binding on the members. Taking out money from another person amounts to deprivation of property and this could be done under a contractual obligation or a statutory power. Anything else, could only be voluntary.
Having said that, I would add that it is admirable step for a Housing Society to arrange for and celebrate common festivals. Man is, after all, a social animal! The purpose is law is in streamlining this pursuit.
