THE ASSOCIATION OF OTOLARYNGOLOGIST OF INDIA (DELHI BRANCH)
1. The name of the body shall be ‘The Association of Otolaryngologist of India’ (Delhi Branch)
OFFICE
1. The registered office of the Association shall be at Delhi.
AIMS & OBJECTS
3. The aims and objects of the Association are:
To encourage and advance the study and practice of the science of Otolaryngology :
a) by encouraging scientific research and experimental work on Otolaryngolocial problems.
b) By providing facilities for research
c) By holding scientific discussions and reading papers on Otolaryngological problems.
d) By establishing and maintaining a Museum and a reference library and furnishing it with books, reviews, magazines etc., relating to otolaryngology.
e) By watching and advising on legislation affecting Otolaryngologists.
f) By conducting a Bulletin / News Letter devoted to Otolaryngological subjects.
g) By bringing together members of the Association, periodically at conference and in general by working for the betterment of the cause of Otolaryngology in Delhi.
h) By holding properties movable and immovable that may be necessary advantageous for the aforesaid objects, to purchase and to sell, to lease and to mortgage the same for the purpose of the Association and to construct, alter and maintain any building or buildings necessary from the finances of the association.
i) By receiving donations and contributions from members as well as non-members and by holding the same in trust for any particular purpose for the advancement of otolaryngology.
j) By co-operating with other associations connected with Otolaryngology and allied sciences.
k) By organising exhibitions of machinery implements, tools appliances etc. connected with or pertaining to Otolaryngology in different parts of the country and to improve the implements, machinery, instruments, and appliances used in the practice of otolaryngology.
l) By making bye-laws, rules and regulations of the association and to delete, alter and amend or add to the same as and when necessary.
m) By doing all such other things as may be incidental to or conducive to the attainments of the aims and objects of the Association.
n) By promoting brotherhood and fellowship amongst its members also by bringing them together for social and cultural events.
4. MANAGEMENT :
The affairs of the Association shall be managed by an Executive Committee.
5. INCOME AND PAYMENTS :
The income and property of the Association wheresoever derived shall be applied solely towards the promotion of the objects of the Association set forth in this Memorandum of Association and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise however by way of profit to any of the members of the Association provided that nothing herein contained shall prevent the payment in good faith, of remuneration to any officer or servants of the Association who may also be members thereof in return for any work done or services actually rendered to the Association or prevents the payment of interest at a rate not exceeding 6% per annum on moneys borrowed from any members of the Association.
6. LOSS :
No person or persons in whom for the time being any funds or money or any other property movable or immovable of the Association may be vested shall be answerable for any loss arising in the administration or application of the said trust funds or sums of money or for any damage or to deterioration in the said property unless such loss, damage or deterioration shall happen by or through his or their wilfull default or neglect as determined by the Executive Committee or the authorised Sub-Committee.
7. EXECUTIVE COMMITTEE :
The Executive Committee shall have full power of control and management of the affairs of the property of the Association to engage such officials, servants or other persons as may be found necessary for proper conduct and management of the affairs of the Association in carrying out its objects, subject to the approval of general body.
8. INVESTMENT :
The Executive Committee shall have power to invest and deal with the moneys of the Association and to borrow such sums of money as it may resolve as tending to benefit the Association, subject to the approval of general body.
9. BANK ACCOUNTS :
Such moneys and properties of the Association as are not utilized for the objects of the Association may be invested in such manner and in such banks and in such a way as the Executive Committee may in its sole discretion think proper and the Executive Committee may be at their discretion change the investment in order to better fulfil the objects of the Association and also spend for such objects the entire moneys and properties of the Association without necessarily constituting or creating a permanent endowment.
10. PROPERTIES :
The Executive Committee shall have power to purchase, construct or acquire on lease or in exchange or on hire or by gift or otherwise any real or personal property and any rights or privileges necessary for convenient for the purpose of the Association and to improve, develop, manage, sell, lease, mortgage, dispose of, turn to, account or otherwise deal with all or any part of the property of the Association.
11. DISSOLUTION :
If upon the dissolution of the Association there shall remain after the satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed among the members of the Association, or any of them but shall be given or transferred to the Association or Associations Institution or Institutions having objects similar to any of the objects of this Association to be determined by the votes of not less than three fifths of the members present personally or by proxy in meeting at or before the time of the dissolution or in default thereof by the High Court of the Judicature at Delhi in its ordinary Original Jurisdiction or any other Court or High Court in the ordinary original jurisdiction of the Province in which the registered office of the Association may be situated at that time.
BYE-LAWS
PRELIMINARY
1. The Association shall be called the Association of Otolaryngologists of India (Delhi State Branch) with the aims and objects specified in the Memorandum of the Association.
2. OFFICE SEAL : The seal approved as the Official seal of the Association (as per Head Quarters).
3. INTERPRETATION : In the interpretation of these Rules and Regulations generally unless repugnant to the context, to singular shall include the plural and masculine the feminine and vice versa and writing shall including printing, lithograph or other substitute for writing.
4. MEMBERSHIP : The membership of the Association shall be of five classes :-
a) Honorary Members : they shall be those who have rendered special service to Otolaryngology and any other branch of medicine. They shall not vote or hold offices in this association. They shall be exempt from dues and shall receive Bulletin free.
b) Ordinary Members : They shall be those who are Registered Medical Practitioners, with a post-graduate qualification in Oto-Rhino-Laryngology and practicing Otolaryngology.
c) Associate Members : They shall be those who are Registered Medical Practitioners and are interested in Oto-Rhino-Laryngology but do not confine themselves to this specialty, Medical graduates undergoing post-graduate training leading to postgraduate qualifications in the specialty shall be covered by this clause.Postgraduates in Oto- Rhino- Laryngology who neither reside nor practice in Delhi & NCR shall be associate members after paying Rs. 3000/- lump sum or an amount decided by the executive body from time to time. They shall not vote or hold offices in the association or any other association in lieu of their being a member of this association.
d) Life Members : Any ordinary member who pays a Rs.3000/- lump sum or an amount as decided by the Ex. Committee from time to time in lieu of annual subscription.They shall be entitled to vote and hold offices in this association.
e) Corresponding Members : Any ordinary member of 20 years or more of good standing and who has attained the age of 60 years or more.
5. METHOD OF NOMINATION FOR MEMBERSHIP: Every member who
may apply to the Association for membership shall be nominated by at least two life members of good standing whose names appear on the register of the Association as existing member and such application shall be sent to the hony secretary and the executive committee shall have right to decide the eligibility and the class to which the applicant belongs. Such decision shall be final subject to approval by general body.
6. YEAR : Membership and financial year shall be from 1st April to last day of March of the following year.
1. There shall be a register in which the names of all the members of the Association shall be entered with their qualification and addresses corrected from time to time.
2. 8. CESSATION OF MEMBERSHIP
a) Voluntary Resignation : By voluntary resignation as from a specified date, by giving, one month’s notice in writing to the Hony. Secretary. The Resignation shall not be effective until the dues to the Association are cleared by him.
b) Failure to pay subscription for one year : if a member fails to pay the subscription for one year after the due date and inspite of two registered notices with acknowledgements due, demanding payment from him the first one from the Hony. Treasurer and 2nd from the Hony. Secretary. However if he clears all the outstanding dues he can be reinstated with the approval of Executive Committee.
c) The member can appeal to the General Body against the decision of the Executive Committee to suspend or terminate his membership, within a period of 3 months of receipt of the notice. If he fails to appeal within the time or if the General Body confirms the termination, the membership automatically ceases. The general body by ¾ majority of the members present at the meeting may reinstate the member as it deems fit. The member has no right to question the decision of the General Body in this matter.
1. 9. SUBSCRIPTION
a) All members except Hony. Members and corresponding members shall pay a subscription as determined by the Executive Committee from time to time.
b) Distribution of the annual subscription will be as decided by the Executive Committee from time to time as provided in the bye-laws.
1. 10. FOUNDER MEMBERS
As per Membership list attached with original constitution.
1. PRIVILEGES OF MEMBERSHIP :
a) Hony. Members : All Hony. Members of the Association shall be entitled to participate in all activities of the Association and shall also be entitled to receive the Journal / News Letter free of all charges. They shall not be entitled to vote at the meetings of the Association or to hold the position of office bearers.
b) Ordinary Members : All ordinary members shall be entitled as a right to participate in all the activities of the Association including the right to vote and right to hold an office and shall also be entitled to receive the Journal / News Letter free of all charges during the continuance of membership.
c) Associate Members : All Associate members of the Association shall be entitled to participate in all the activities of the association and shall also be entitled to receive the Journal / News Letter free of all charges during the period of their membership. But they shall not be entitled to vote at the meetings of the Association or to hold the position of office bearers in the association or in any other association in lieu of being member of this association.
d) Life Members : Life members will have all the privileges of ordinary members.
e) Corresponding Members : Corresponding members shall be entitled to receive the communication from the Head Office. They shall also be entitled to participate in the scientific activities of the association. They shall not receive the journal / news letter and shall not be entitled to vote or stand for election to any office.
1. MANAGEMENT :
The management of the Association shall be vested in the Executive Committee consisting of :
1. A President
2. President Elect
3. A Hony. Secretary
4. A Hony. Treasurer
5. 11members elected to the Executive Committee
6. Member of the Editorial Board and Editor
7. Immediate Past President
8. Immediate Past Secretary
13. ELECTIONS
a) Election of office bearers is by ballot as per the procedure described in the bye-laws
b) The elections will be held for the following offices and for the terms indicated.
1. President Elect - one year
2. An Hony. Secretary - one year
3. An Hon. Treasurer - two years
4. 11 members elected to the Executive Committee – one year
5. Member of the Editorial Board & Editor– one year
c) The President : Elect. at the end of his year will assume office as the President for one year and will be the Past President for the subsequent year.
d) Vacancies : In the event of any vacancy occurring amongst the office bearers, viz. The President, Hony. Secretary and the Hony. Treasurer, Member of Editorial Board during the course of their term, the existing members of the Executive Committee shall elect the office bearer or office bearers in the vacancy or vacancies and persons so elected shall hold office for the period for which their predecessors would have functioned.
e) Office bearers shall cease to hold office :
1. If they cease to be members under clause 8 above.
2. If by a resolution, the General Body decided by a two third majority of the members present that such office bearer be removed from office.
f) Eligibility for re-election : All office bearers shall retire after expiry of their term but shall be eligible for re-election, only for another term.
14. MEETINGS :
a) The annual meeting of the association shall be held at a time and place to be notified by the Hony. Secretary and such annual meetings shall be held within 12 months after the previous one unless the Executive Committee by a majority resolves otherwise but not beyond 13 months in any case.
b) The Hony. Secretary shall give at least one month’s notice of the annual general meeting.
c) The time and place of the Annual General Meeting shall ordinarily be decided by the Governing Body.
d) The executive Committee shall make the necessary arrangements for holding the annual meeting. The Executive Committee shall co-opt one/two members for the purpose of organization of the annual meeting.
e) The duration of the session will be decided by the Executive Committee.
f) The quorum at Annual General Meeting shall be 30% of the active membership. If within half an hour of the appointed time no quorum is present the meeting shall stand adjourned. The President or in his absence the immediate past President can hold the adjourned meeting at his discretion after half an hour where no quorum is required. Such a meeting shall be deemed to be valid.
g) On the written request of 15% of the ordinary members, the President, within 3 months, call a special general body meeting for specified agenda.
h) The Executive Committee may call a Special / General Body meeting whenever they deem it to be necessary for a specific agenda only, by giving 8 weeks notice.
i) The quorum for all general body meetings shall be 30% of ord. Membership.
1. 15. EXECUTIVE COMMITTEE
i) The members of the Executive Committee shall meet at least once a year before the holding of Annual meeting.
ii) Any 4 members shall form a quorum.
iii) The President when present shall preside at all the meetings of the Executive Committee and in his absence immediate past. President or the President elect shall preside. If all the three happen to be absent the meeting may elect its own Chairman and for the purpose of the meetings he shall have all the powers of the President.
iv) The voting may be by show of hands.
v) In ever year of voting the President or the Chairman will have a vote; in every case of a tie the Chairman or President shall have an additional or casting vote.
vi) The Hony. Secretary shall call a meeting of the Executive Committee as and when ever deemed desirable to discuss matters of importance.
16. Property : The property or the Association shall be in the possession and control of the Hony. Secretary and the Hony. Treasurer.
1. The Hony. Secretary shall perform the usual function of his office and shall be responsible to the Association for carrying out the resolutions of the Association.
18. The Hony. Secretary shall incur no extra-ordinary expenses without the sanction of the Executive Committee except for the purpose of holding the annual or other meetings which he may do with the concurrence of the Hony. Treasurer.
19. The Hony. Secretary shall keep a record of the proceedings of the meetings of the Executive Committee and all accounts and records shall be open to inspection by any member of the Executive Committee.
20. The books and accounts of the Association shall be audited annually and shall be available for inspection to any member only at the annual meeting.
21. The Hony. Treasurer shall maintain a true and accurate account of all money received by the Association through the Hony. Secretary and he shall make a statement regarding the financial position of the Association at the Annual General Meeting.
22. The Hony. Secretary and the Hony. Treasurer shall jointly sign all cheques, notes bills and other negotiable instruments unless the Executive Committee by a resolution passed by a three fourth majority decides otherwise.
23. To tide over any emergency the President in consultation with the Secretary may delegate the duties and functions of any office bearer to any other member of the Executive Committee.
24. Method of Amendment : under normal circumstances, these rules and regulations shall not be repealed, nor any amendment or addition to them made except by a resolution passed by a majority of not less than 75% of the members present at a meeting convened for the purpose or at an Annual General Body Meeting. The Hony. Secretary shall give notice of resolutions to be moved in this behalf at least one month prior to the meeting at which such resolutions are to be served.
25. All legal documents shall be made by the President, Secretary and Hon. Treasurer jointly for the time being.
26. Ordinary resolutions of the Executive Committee regarding management and administration shall bind the Association.
27. Whenever a new addition of the memorandum, rules and regulations are published incorporating the latest amendments it should be cited by the year of its publication.
28. DUTIES AND POWER OFTHE OFFICE BEARERS :
i) President :
a) Shall preside over all meetings of the Executive Committee and the general body and shall preside over any other committee in which he is a regular member.
b) Shall be an ex-officio member of all committees appointed by the Executive Committee or general body.
c) Shall preside over the Annual Conference and guide the deliberations.
d) Shall guide and control the activities of the Association.
e) Shall in addition to his ordinary vote, have a casting vote in case of equality of votes.
ii) Immediate Past President :
a) He will be a member of the Executive Committee and will advise, guide and help the president in the conduct of the activities of the association.
b) In the absence of the President in any meeting he will deputize for the President and will conduct the meeting. He will have all the powers of the President during the meeting.
c) In the event of any emergency arising as in the case of death, resignation or long leave out of the country of the President, the duties of the President will devolve on the Past President unless and until the governing body or general body makes an alternative arrangement.
iii) President-Elect
a) He will be a member of the Executive Committee and will assist, help and take part along with the President, in all the activities of the Association and in the programmes of the annual conference where he will be assuming office as President.
b) In the absence of the President and Past President he will preside over the meeting of the Executive Committee and will have all the powers of the President during that meeting.
iv) Hony. Secretary :
a) Will be in charge of the day to day working of the Association.
b) Will be in overall charge of all the offices and properties of the association.
c) Will conduct all correspondence, maintain records, minutes of the Executive Committee, minutes of the General Body and other committees of the association in which he is a member.
d) Will be an ex-officio member of all committees appointed by the Executive Committee or General Body.
e) Will be in overall supervision of all accounts and expenditure and will get prepared by the Treasurer an annual statement of accounts duly audited for adoption by the Ex. Committee and general body.
f) Will arrange, convene and organize all meetings of the Executive Committee and General Body.
g) Shall keep an up-to-date register of the Members of the association.
h) Shall organize and help in the formation of branches wherever they do not exist by creating a general interest in the association.
v) Hony. Treasurer :
a) He will be incharge of the finances of the association and shall be responsible for the collection and expenditure of all monies of the association.
b) Shall keep an up-to-date account of the association and present an audited statement of accounts to the Ex. Committee and general body at the annual meeting.
vi) Executive Committee Members :
a) Shall be members of the Executive Committee and attend all its meetings.
b) Shall help guide, counsel and assist the President and Secretary in all matters concerning the association.
29. ELECTION PROCEDURES :
i) The general body will elect, every year the following office bearers.
1) President Elect – One
2) Hony. Secretary – One
3) Hony. Treasurer – One
4) Members – ELEVEN
5) Rep. For the Editorial Board – One
They will hold office for one year or till a successor is elected.
ii) The election will be conducted by ballot and will be completed before the annual general body meeting.
iii) The Hony. Secretary shall invite nomination for the election of the office bearers not less than two months before the holding of the Annual General Body meeting the provisional dates will be as follows :-
Calling of nominations – 2 months prior
Receipt of nominations – 1-1/2 months prior
Withdrawal of nominations – 1 month prior
iv) Every nomination must be proposed by a member, seconded by another member of good standing and must contain acceptance by the candidate proposed.
v) Only the ordinary member of the Association who are in good standing are eligible to stand for election, nominate or second a candidate or vote at the election.
vi) On receipt of the nomination, the Hony. Secretary will scrutinize the forms and if these are valid accept them. Any nominations which are to be rejected will be done only in consultation with the President / Executive Committee.
vii) The ballot paper will contain all the valid nominations post wise in the alphabetical order.
viii) The election referred to above shall be by secret ballot.
ix) Each voter may exercise as many votes as there are vacancies provided that no member may give more than one vote for any one candidate.
x) The voter can not send his voting papers through bearer/ by post.
xi) Counting of votes shall be done by the Returning Officer appointed by the Executive Committee and at the time and place fixed by it and the results of the voting shall be announced on the same day.
xii) The decision of the returning office is final in all matters concerning the election and cannot be disputed. Ordinarily returning officer shall be the President – elect and in his absence the President.