Section 4 in West Bengal Apartment Ownership Bye-laws, 1974
4. Powers and functions of an Association.
(l) The final authority of an Association shall vest in the general meeting of the members, which shall administer the property concerned in accordance with the Act and these bye-laws and exercise general supervision over the affairs and business of the Association and, in particular, over the activities of the Board.(2)The functions of an Association shall be--(i)to raise funds for the Association as provided for in the Act and these bye-laws;(ii)to provide for maintenance, repair and replacement of the common areas and facilities of the property and payments thereof;(iii)to provide for proper maintenance of accounts;(iv)to provide for and do any other thing for the administration of the property.(3)The annual general meeting of the Association shall be held in the month of February each year.(4)The business of the annual general meeting of an Association shall be(a)to consider the annual report of the Board;(b)to consider the audit report and the audited annual financial statement of accounts;(c)to consider and approve the annual budget for the next financial year, including(i)determination and assessment of monthly contribution to be made in the next financial year by each apartment owner towards common expenses; and(ii)retention or letting out of the common areas and facilities, as described, for shopping, commercial or other purposes in the Declaration made and submitted under section 2, read with section 10;(d)to elect Managers of the Board from among the apartment owners to fill up vacancies; and(e)to transact any other business that may be laid before the meeting by the Board or be considered by the annual general meeting, to be necessary for the administration of the property.(5)On requisition of two-thirds members of an Association or of the Board or as required under these bye-laws, special general meeting of such an Association may be held as often as may be necessary to consider all or any of the subjects specified to be the business of the annual general meeting and any other, business of general Importance in the interest of the Association and within the scope of the Act and these bye-laws.(6)A notice of a general meeting including an annual general meeting stating the place, date and hour of the meeting together with a list of business to be transacted thereat, shall be sent to every member at least seven clear days before the date of the meeting and no business other than those mentioned in the said list shall be transacted at such meeting.(7)The general meeting shall be presided over by the President and, in his absence, by a member to be chosen by the members present in such meeting.(8)Subject to the minimum of three, the quorum for a general meeting shall be one-third of the total number of the members.(9)(a)All questions which may come up before any general meeting shall be decided by a majority of the members present and voting, and in the event of equality of votes, the President or, in his absence, the member presiding shall have and exercise a second or casting vote.Voting shall be by show of hands. Every decision shall be taken in the form of resolution and the decision of the general meeting shall be binding on the Board and all the members of the Association.(b)Votes shall be cast in person.(10)If within half an hour from the time appointed for the meeting there is no quorum, the meeting shall stand adjourned ordinarily to the same day on the next week to be held at the same place and time and the fact of the adjournment shall be notified at the office of the Association or at any other conspicuous place within the compound of the apartment building or estate:Provided that no quorum shall be necessary at an adjourned meeting.(11)Every Association shall cause minutes of proceeding of general meeting to be recorded in a book kept for the purpose. The minutes are to be drawn up by the Secretary of the Association and shall be duly signed by the person presiding over the meeting, on the termination of the meeting or as early thereafter as possible.(12)An Association shall observe such other rules or procedure in regard to the transaction of its business in a general meeting as may be determined by its members in consistent with these bye-laws.
