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Can society ask to pay for cultural activities fund is this legal
17-Feb-2023 (In Property Law)
Our housing society is charging Rs. 100/- per month, levy against Cultural activities fund. Legally can they collect? What if I am not interested to pay for this purpose... Pls. advice.
My opinion below is on the premise that your housing society is a cooperative group housing society governed by the Delhi Cooperative Societies Act.
A CGHS can levy charges and fees ONLY for such purposes as are permitted under the society bye-laws. The existing managing committee, or any managing committee of the time, cannot arbitrarily levy any charges (even through a resolution/agm), which it is not permitted to under the society bye-laws.
Thus, if your society bye-laws do not permit levy of charges or a fund for cultural activities, then the managing committee is not permitted to do so.
A CGHS can levy charges and fees ONLY for such purposes as are permitted under the society bye-laws. The existing managing committee, or any managing committee of the time, cannot arbitrarily levy any charges (even through a resolution/agm), which it is not permitted to under the society bye-laws.
Thus, if your society bye-laws do not permit levy of charges or a fund for cultural activities, then the managing committee is not permitted to do so.
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Adv. Chetan Lokur
Delhi | 25+ Answers
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What is Section 73 of the MCS Act 1960?
Section 73: Committees, their powers and functions. (1) Every societys management is vested in a committee that has been formed in accordance with the Act, rules, and bylaws. This committee will exercise the powers and perform the duties conferred by the Act, rules, and bylaws.
What is Section 154 B 29 of the MCS Act?
CO-OPERATIVE SOCIETY ACT 1960. The Maharashtra Co-operative Societies Act, 1960, Section 154(b), 29 provided that dues could be recovered from members in the form of arrears for land revenue. This was applicable to contain societies. The section covered the dues for Co-operative Housing Societies.
What is Section 77 of the MCS Act 1960?
(1) No act done by a society, a committee, or an officer in good faith to carry out the business of a Society shall be considered invalid because of a defect later discovered in its organisation, in the constitution or the election or appointment of an Officer.
What is Section 27 of the Maharashtra Cooperative Society Act?
The voting rights of members are governed by Section 27 of Act 1960. Section 27 (1) allows for one vote to be cast per member, and it must be done personally. Section 27 (5) deals with voting by firms, while Section 27 (10), provides that members are disqualified from voting if they default.
no its not compulsory and legal to pay such funds asked by the society management. what is compulsory is only the maintenance part and nothing else.. its your wish to pay or not.. if you want to participate morally you would have to pay and if you dont participate there is not binding upon you to pay.. its your discretion...
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Adv. Ashutosh Dubey
Delhi | 100+ Answers
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Dear,
There is no such provision in law as applicable that society can make it mandatory to charge such contribution under the head "for cultural activities fund". It is totally optional / voluntarily and depends on you to contribute or not to because there is no such separate head as "Cultural Activity Fund" under the Society Maintenance Charges as more precisely scheduled under the Co-operative Society Act. No one can force you to contribute for the same. There is a particular head as "Other Charges" under the classification of Society Maintenance Charges. All such has to be routed out through the same, if so desired but not separately. If your society do so, then you may make a complaint to Deputy Registrar of Co-operative Societies of your Area in writing.
Regards,
Adv. Sourabh A Saxena
There is no such provision in law as applicable that society can make it mandatory to charge such contribution under the head "for cultural activities fund". It is totally optional / voluntarily and depends on you to contribute or not to because there is no such separate head as "Cultural Activity Fund" under the Society Maintenance Charges as more precisely scheduled under the Co-operative Society Act. No one can force you to contribute for the same. There is a particular head as "Other Charges" under the classification of Society Maintenance Charges. All such has to be routed out through the same, if so desired but not separately. If your society do so, then you may make a complaint to Deputy Registrar of Co-operative Societies of your Area in writing.
Regards,
Adv. Sourabh A Saxena
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Adv. Sourabh A Saxena
Mumbai | 25+ Answers
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If the society is arranging regular cultural activities and if a resolution is passed by the AGM of the Society, it can collect the cultural activities fund. There is no illegality in collecting cultural activity fund, which is being utilized for cultural development and knowledge of residents of society.
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You can lodge a FIR against the person/s who are insisting on such a contribution.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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