We are a CHS of 8 wings A to H. Managing committee has delegated repair and maintenance of each wing to wing members themselves thru wing repair teams headed by a wing representative who is a managing committee member. Raising and disbursal of funds and all repair and execution of repairs of a particular wing are then carried out thru resolutions taken at meeting of members of that wing and their repair team. These decisions are then conveyed to the managing committee thru minutes of these wing meetings. Funds raised by each wing, each according to their own requirements, are kept in separate repair accounts for each wing, and are separate from other society funds raised thru society general body resolutions. Managing committee only plays a supervisory role. However at times in case of disputes, it intervenes and unilaterally discards and overrides wing repair team decisions, even in matters of disbursal of that wing’s funds, even though there are no model bye law contraventions. I understand that repair and maintenance of a CHS is a function of the managing committee and not of society members. Is such a delegatory system of repair and maintenance of a society teneable in law under model bye laws and can a managing committee unilaterally disburse funds from a wing repair a/c wherein funds are not raised thru resolutions of the general body of the society? An finally, can any one of these 8 wings, opt out of this system, and hand back repair and maintenance of their wing to the managing committee of the society? State of Maharashtra.
