IMA AKOLA BRANCH CONSTITUTION

 

 

 

The Branch is in existence since more than 60 years, and has been functioning smoothly for all this time. Considering the growth in membership and the Legal Obligations of Associations it is needed to provide for a Constitution under which these obligations are met with.

 

Part I

Memorandum of Association

 

1.                  The name of the “Association” is “Indian Medical Association, Akola Branch” short named as IMA Akola Branch.

 

2                    It will be affiliated to the IMA Head Quarters New Delhi through IMA

            Maharashtra State Branch presently having office at Mumbai.

3                     The “Office” of the “Association” shall be at “Akola

4                     The “Objects” of the “IMA Akola Branch”.

a.       To promote and advance Modern Scientific Medicine and its Allied Sciences in all their branches and to work for improvement of Medical Education, (so as to bring uniformity in Basic Medical Education, Research, Services and Registration) and Public Health in Akola in particular.

b.      To prevent Quackery, maintain the honor and dignity, promote co-operation amongst the members of the medical fraternity, upkeep the interests of the Medical Profession, and

c.       To achieve sense of Brotherhood among all members of the profession who are registered with the Medical Council Of India or the State Medical Council, to practice Modern Scientific Medicine (Allopathy).

5                     The Methods to achieve these objects.

 

i)                    Hold periodic meetings and lectures, seminars and conferences for

            the members of the association in particular and also public

            lectures, exhibitions on subjects of public health for the benefit

           of public in general.

 

ii)                   Publish and circulate amongst its members a newsletter or

            communiqué in the paper form like journal, magazine, souvenir,

            or web pages on the internet periodically for its members to keep

            them updated with the happenings in the association and

           developments in the medical field.

 

iii)                 Maintain a library at the branch premises for the academic updating

            of knowledge of its members.

 

iv)          Volunteer Medical Manpower during Epidemics, Natural Calamities

               and other Emergencies.

v)            Study, discuss and express its views on

   * all matters having effect on its members,

         * proposed legislations in the draft stage and

         * laws of the State and the Central Government affecting the     Medical Profession, Medical Education and Public Health

vi)           Initiate suitable steps and adopt measures as may be deemed

               expedient or necessary to Purchase, take on lease, acquire,

               hold, manage, let, sell,

               exchange, mortgage or otherwise dispose of movable or immovable property of every description in general and land, building, furniture, household effects, utensils, books, newspapers, periodicals, instruments, fittings, appliances, apparatus, conveyance and accommodation in particular, as and when deemed necessary and desirable in the interest of the IMA Akola branch.

 

vii)          Erect, maintain, improve or alter and keep in repair the

buildings of IMA Akola Branch.

   

viii)                 Raise money in such manner, ordinarily by way of subscription and     contributions from IMA Members and in any other way, to be decided by a special general body meeting of IMA Akola Branch passing a resolution by 2/3 of its strength, as IMA Akola branch may think fit to achieve the objects listed in the memorandum.

ix)                 Invest the surplus money, not needed immediately, in suitable instruments as determined by the IMA Akola branch.

x)                   Assist, co-operate, affiliate, associate or subscribe with any other public body having similar objectives, in part or altogether, but in no case conflicting with the objectives of IMA Akola Branch,.

xi)                 Do all such other things as are cognate to the objects of the IMA Akola Branch, or incidental or conducive to the attainment of the above objects.

 

 

 

 

 

 

 

 

 

 

 

 

Part II

The Rules of the Association

 

 

1.      The Indian Medical Association, Akola branch shall be affiliated to the Indian Medical Association Head Quarters at New Delhi, through the Indian Medical Association Maharashtra State at Mumbai.

2.      The Area of IMA Akola shall be the geographical limits of the Akola Municipal Corporation and will not overlap or be overlapped by the area of any other branch of IMA.

3.      It will work in accordance with the provisions of its constitution, the Rules and the Bye Laws made there under. Anything done contrary to the provisions, rules or byelaws will make it null and void unless a special General Body Meeting resolves to approve any such deed by not less than 3/4th of its membership strength.

4.      The Branch shall be Free

i)                    To govern itself in such manner as it shall think fit for a given purpose.

ii)                   To make, repeal or amend from time to time, Rules and Bye Laws as it may think fit.

5.    The Branch shall be guided by the IMA State pertaining to the achievement of aims and objectives of the Association, where the IMA State will act as a link between the Branch and the IMA Head Quarters.

6.    In case of any Dispute in the Branch, (related to membership, subscription and representation on State and Head Quarters IMA), if not resolved at local branch, it shall be referred to the IMA State and the Decision of the State Branch shall be binding on the Branch. However the Branch will have a right to appeal before the Central Working Committee of the IMA Headquarters at Delhi. The decision of the State IMA shall hold till the appeal is pending for decision of the Working Committee, which would be binding and Final.

 

7.    The Branch shall not be liable for any of the Debts or Liabilities of the IMA State or IMA Head Quarters.

 

8.     Definitions.

 

 

 

a     “IMA” means Indian Medical Association in general.

b    “Association” means IMA in general.

c    “Branch” implies the Akola branch of IMA unless specified otherwise.

                  d      IMA State” means Indian Medical Association Maharashtra State,   

         located at Mumbai for the time being.

   e     “IMA Head Quarters” means Indian Medical Association National Body

            located at New Delhi for the time being.

 

   f    “Managing Committee” means the Body of Office Bearers, Members of

           Advisory Board and Conveners of Subject Committees of IMA Akola

           Branch.

      g   “IMA State Executive Committee” implies the executive committee of

      IMA State.

   h    “IMA State Council” implies the State Council of IMA State.

   i    “IMA Working Committee” implies the Central Working Committee of

             the IMA Head Quarters.

   j     “IMA Central Council” implies the Central Council of the IMA Head

             Quarters.

   k    “IMA MS SSS” means the Social Security Scheme of the IMA State.

    l     “ IMA National SSS” means the Social Security Scheme of the IMA

             Head Quarters.

   m   “JIMA” means Journal of Indian Medical Association, at Kolkata for

             the time being.

    n    “ IMA CGP” means the IMA College of General Practitioners at Delhi

              having faculties at various places in the state and country.

    o    “IMA AMS” means IMA Academy of Medical Specialties, at Delhi

              having Chapters at various places in the country.

    p     “HFC” means Headquarters’ Fund Contribution.

    q     “Member” means member of IMA Akola Branch unless mentioned

           otherwise.

    r       “Any other term used, not included in the above list, will have the

              meaning, as used by the IMA State and Head Quarters in their

              communications from time to time.”

 

 

 

            9.  Eligibility Requirements of Membership:

 

Any person practicing or residing within the area of the Branch, who possesses a Medical Qualification as laid down in the Indian Medical Degree Act, 1916 (Act VII of 1916) and the Indian Medical Council Act 1956 as amended from time to time, and who is Registered on the Indian Medical Register of the Medical Council of India, or the State Medical Register of the Maharashtra Medical Council, or any of the State Medical Councils, will be eligible to seek the Membership of the IMA Akola.

 

He/She will have to apply in the requisite proforma along with the required amount of Fees, as applicable at the time of application. This Fee will include the Contribution for the Local Branch, State Branch, Head Quarters and the Journal of Indian Medical Association at Kolkata.

 

10. Type of Membership.

 

A         Annual:   (From 1st April of the Year to 31st March of next year)

 

B         Life:

 

 

11. Subscription

 

 All the Annual members shall pay their membership fee at the start of the Financial Year (1st April) as early as possible to prevent deletion of their names from the membership list of the Head Quarters and JIMA. Default in payment of  IMA membership fees will lead to deletion of member’s name ending all privileges without any intimation to the annual member, as the Branch does not have any control over it.

 

The Life members, after paying their initial “HFC”, though not required to pay HFC again, shall pay their Branch Contribution, as applicable at the time and any other contribution as demanded by Head Quarters or State IMA, at the earliest to enjoy the membership privileges. The amount of Local Subscription will increase at the end of every 3 years, at 10 percent of the prevailing subscription amount, to be rounded to the nearest higher figure, subject to a resolution passed in the ordinary general body meeting to that effect.

 

The membership will come into effect from the date when the IMA Headquarters acknowledges the receipt of subscription and approval of application. Merely receiving the payment of subscription by the Branch will not entitle any person to be a Member

 

 

 

12. Duties and Privileges of Members

 

i)                    A Member will be entitled to participate freely in all academic and

general body meetings of the Branch, subject to the maintenance of decorum and order of such meetings organized at various occasions.

The member shall abide with the rulings of the Presiding authority of the meeting.

ii)                  The member shall be entitled to receive a copy of JIMA or any other publication, subject to the policy of Head Quarters, prevailing at the time, by way of his/her paid subscription.

iii)                A member shall have the right to participate in Conferences organized by the Branch, subject to terms and conditions laid down by the Reception Committee for such conference.

iv)                A Member shall enjoy any other privilege that may hereinafter be conferred by the Association.

v)                  A Life Member shall be eligible to get his membership transferred to any other IMA Branch in existence subject to provisions of head quarter’s rules.

 

13. Termination of Membership.

i)  The Membership can be terminated by resignation at any time.

A member who is held responsible for any action of moral turpitude or against law of the land, or a behavior which IMA finds to be unbecoming of a medical person shall lose his/ her membership. IMA Akola by a special resolution passed in a special meeting by majority of votes may terminate the membership after giving an opportunity to be heard to the concerned member.

 

ii)  The membership of the Association will automatically be terminated if the person’s name is removed from the Register of the Indian Medical Council, Maharashtra Medical Council or the State Medical Council on which he was registered.

 

14. Management of  IMA Akola Branch

 

 The general control, management and direction of policy and affairs of the Association at any given time shall vest in the General Body comprising all the valid members of the Branch on that given time.

           

 

15. Managing Committee.

       i)  Composition

      

       The Managing Committee shall comprise the following office bearers.

A)    President (One Post)

To be nominated (from amongst most senior experienced and active members of the Branch, next to outgoing President), by the President in consultation with the Advisory Board having Past Presidents and Members senior to the outgoing President. While considering the incoming President, the following criteria shall be fulfilled in order of priority. I) Date, Month and Year of Joining IMA, 2) Batch of MBBS admission,3) Date of Starting Practice in Akola, 4) Date of Birth of the Member, 5) Posts held in IMA at Local, State and HQ level. The Seniority on the above counts shall form the basis of the nomination of the new President. Such nomination of the incoming President, must be done before the last date of August each year, so as to facilitate smooth transition of IMA affairs between successive management committees, advance planning by the incoming President, appropriate selection of his new team and understand the working of IMA with the current body.

Any member who is charge sheeted in a court under any law, even if the judgment is pending, shall not be eligible for any nomination for any post.

 

i-A-1)  Failure to nominate the new President by the end of 31st of January will necessitate the election of the new President from amongst the valid members of IMA Akola on the given date of election. The aspirant for the post of President must be a Life Member of IMA for more than 15 years, and must have been a part of the Managing Committee as office bearer for 5 years altogether. To maintain amity and to prevent a vertical divide in the IMA, the Advisory Board will try its best to reach a consensus on this issue to avoid election. If it is inevitable, then the Advisory Board itself will act as Election Commission and follow the Bye Laws for the conduction of such election by secret ballot.

 

i-A-2)  Vacancy created by way of resignation or any other untoward reason for the post of President during the tenure, will cause automatically the Senior Vice President to assume the charge of the President.

 

B)    Vice Presidents  (Two Posts)

To be chosen by the President designate from amongst the senior members of the Branch, who are most active in IMA and who have held some important office in IMA and have enough experience of IMA working.

 

 

                       

C)    Honorary Secretary (Two Posts)

To be chosen by the President designate from amongst the members of the Branch, who are regularly attending and participating in IMA activities. He should preferably be young, dynamic and able to give enough time for the IMA. One of the two secretaries, who is senior by length of membership, will be the general secretary, while the other will handle the responsibility as assigned to him by the President and the Hon. Secretary (General).

D)    Hon. Joint Secretary.  (Two Posts)

To be chosen by President designate from amongst the young active members of Branch. These secretaries will share the work and responsibilities of the secretarial work as assigned to them by the Hon Secretary.

                       

E)     Hon.Treasurer  ( One Post)

To be chosen by the President designate, from amongst the active members of the Branch, who should have good financial acumen and capability to perform monetary transactions in accordance with the provisions of Law and IMA Constitution.

 

 

F)     Advisory Board (3 to 5 Members)

In addition to above described office bearers, the President designate         

will nominate not less than 3 and not more than 5 members on an Advisory Board from amongst the Past Presidents of the Branch to guide the Managing Committee on various issues coming before IMA during extra ordinary situations.

 

             

 

G)    Other Members of Managing Committee represented by convener of committee for

·        Social Security Scheme

·        Newsletter and Website

·        IMA Property and Premises

·        Liaison with Press and Public

·        Sports Activities

·        Cultural Activities

·        Academic Activities

·        Community Health

·        Legal Opinion and Action

·        Any other subject, in existence at the time.

 

The President designate shall nominate from amongst the very active and experienced members of the Branch, as convener, of the committee, to take care of above subjects. Meetings of such committees, convened by the convener, shall be chaired ex-officio by any one of the following office bearers in order of availability and convenience (President, Vice President or The Hon. Secretary). The Convener of the above listed committees shall nominate up to 3 members of IMA Akola to work together on the given subject, though these members will not be a part of the Managing Committee.

ii)  Term of office of Management Committee:

The tenure of all the Office Bearers of the Managing Committee will be for a period of ONE YEAR from April to March, co-terminus with the tenure of the President, except otherwise, if provided for by the General Body.

 

 

 

16. Representation on IMA State and IMA Headquarters

Nomination of Representatives on State Executive Committee, State Council, Central Council (from amongst senior experienced members having held important post in the Branch), shall be made by the Managing Committee, as required by the IMA State and IMA Headquarters,

 

17.  Functions and Responsibilities of Office Bearers

i)  The President will have the over all control of working of the Branch subject to directions by the General Body.

 

ii)  The Hon. Secretary General shall hold overall responsibility to execute all the actions arising out of decisions taken by the Branch. He may delegate part of his responsibilities to the other General Secretary and the

            Joint Secretaries.

iii) The Hon. Secretary will work in close cooperation with the Hon. Secretary General and the President.

iv)  The Hon. Joint Secretaries will divide the work between them as delegated by the Hon. Secretary and the President, to carry out the responsibility in a proper way.

             v)  The Hon. Treasurer will be responsible for managing the Funds of the

            Branch, taking care of all the monetary transactions in accordance with the

            budgetary provisions so that the Branch is able to meet its financial

            obligations and does not face financial difficulty.

 

             

18.  Meetings of IMA

 

i)  Types of meetings:

 

Ordinary General Body Meeting

Special General Body Meeting

Requisition General Body Meeting

Scientific Meetings.

Ordinary Managing Committee Meeting

Special Managing Committee Meeting

 

 

ii)  The Quorum:

 

The quorum for the ordinary general body will be not less than one tenth of the total membership of the branch on the said date of meeting.

For the Special general body meeting this will be not less than one third of the total valid membership on the date of meeting.

For the requisition meeting of general body it will be one half of the total strength of the branch on the date of such meeting.

For the meetings of Managing Committee, whether ordinary, special it will be not less than half the strength of the managing committee.

Any meeting, other than a requisition meeting, adjourned for want of quorum will be reconvened after 30 minutes of the adjournment, and then it will not be necessary to have quorum for such meeting. In case of a requisition meeting, the adjournment would be final, and the meeting will not be reconvened without quorum.

 

 

iii)  Notice for meetings:

A notice in a prescribed format having the agenda, date, time and place of the meeting, shall be sent in order of priority, by any of the following methods. 1)Messenger, 2)Posting under certificate, 3)Courier,     4)E mail and 5)SMS, to all the valid members of the association for the purpose of General Body Meeting, ordinary, special or requisition in nature. Similarly all the members of Managing committee will also be served the notice by any of the above methods. The proof of sending such notice by whatever method, will be preserved with the office.

 

For the purpose of Ordinary General Body Meeting the notice before not less than 14 clear days between the notice and the day of meeting will be a must.

For Special General Body Meeting a notice before not less than 3 clear days between the day of notice and the day of meeting will be a must.

 

Requisition meetings will require a signed requisition by at least one fourth of the valid strength of the branch, to be submitted to the President, with the reasons for such requisition, after which, the President will issue instructions for such meeting and the Hon. Secretary will call such meeting with a clear interval of 14 days, between the day of Notice and the day of Meeting.

 

The Managing Committee Meetings will be called by a notice of 3 clear days for ordinary meetings and in case of a special meeting

with reasonable minimum time to assemble.

iv) The Frequency:

 

The Scientific Meetings may be called as and when required preferably once a month, ensuring effective communication to the members, to ensure maximum participation.

 

The Ordinary General Body Meeting will be held at least once in a year coinciding with the Annual Day Function of the Branch, to conduct essential business of announcing the incoming President, take over by the new body, presentation of annual report, accounts of the branch and any other business as permitted by the chair. Such meetings may be held as per need on other occasions following the regular procedure as prescribed.

 

The Special General Body Meeting may be convened on occasions requiring Urgent special discussions on Constitutional, Financial, Legal and Matters of extra ordinary importance for IMA and its members.

 

The Managing Committee meetings will be called as per procedure, as and when required.

 

v)  Business of the meetings.

 

The confirmation of minutes of the last held meeting will be the First Item on the agenda of any meeting. Any business arising out of the minutes of the last meeting will be taken after the confirmation only. This will be followed by the next subject on the agenda. The Presiding officer in chair can change the sequence of items on agenda, after the First Item is over, if needed or requested by the house.

 

 

            19.   Records to be maintained by IMA.

 

.

The following registers will also be maintained.

 

a) The register of attendance of members, copy of agenda to be discussed in the said meeting.

 

b) A register of acknowledgement of receipt of notice of the said meeting, if such notice has been served in person, or other proof of posting as specified.

c) A register of minutes. The minutes of all the meetings of the branch will be maintained in a separate register of Minutes.

 

d) A separate register of Resolutions passed by the IMA Branch shall be maintained up to date.

 

e) A separate register of Constitution will be maintained mentioning all the inclusions clause wise, and proper note of any alteration due to amendment, addition, and deletion will be taken and re written in the new form with date of such alteration, in the remark column of this register.

     

      f) The Office of the Branch shall maintain within its premises, an

          up-to   date record of Membership with full details.

     

      g) Inventory register.   Up-to-date record of the movable and

    immovable  assets in possession  of IMA, , in proper register duly

          signed by the Hon Secretary on the dates of entries made.

 

      h)  Staff register having Name, Date of Appointment, Salary, Designation.

    

      i)  Register for Outward and Inward correspondence.

     

      j)  Accounts Registers as required by Law.

     

k)  A separate register enlisting all the registers and files of such

    records shall be maintained for such process.

     

      l) The Branch shall maintain any other register as required by the

    Bye   Laws not included in the list above.

 

 

 

           20.  Finances and Accounts.

 

i)  All monetary transactions of IMA shall be subject to prior provisions of the Annual Budget, to be presented and passed in the General Body at the 1st Meeting of the Financial Year, preferably to be held in the Month of April, but in no case later than ONE MONTH after the take over process of the President. The Budget shall be prepared by the Hon. Treasurer in consultation with the Past Office Bearers, considering the previous statements of account.

 

ii)  IMA shall have its account in a Scheduled or Nationalized Bank, with Three Authorized Signatories, of which the President’s signature shall be obligatory, with option of any of the two other signatories for effective operation of the account. All the instruments of monetary transactions, like Cheque Books, Counterfoils of Pay-in-slips, Receipts of Deposits and Payments, Vouchers etc. shall be properly preserved in the IMA Office, and duly handed over to the successive body of the branch, each year along with all the records books.

 

iii)  The Branch shall maintain all the books of accounts, in a way,

                        as required by the law in force, and such account books shall be open

                        for    the inspection of the General Body, and for any member

                        on presentation of a written request to the President.

 

 

 

                21.  Appointments

 

            The Managing Committee shall have the power to appoint or remove the staff, following established procedure in Bye Laws, fix the salaries, give increments and bonus etc. as needed for the working of IMA subject to budgetary and legal provisions and approval by the General Body within 1 month of doing so.

 

    22.  Constitution of other subject committees.

IMA Akola may by passing a resolution in a special meeting, constitute any committee to study, recommend and or act on behalf of the Branch, as authorized specifically, in the passed resolution for the purpose.

 

23. Auditing of Accounts.

              The accounts of the Branch shall be audited every year by a Chartered Accountant duly engaged by a resolution of the Managing Committee to be ratified by the General Body during the Budget presentation in the meeting.

 

24.     Official Seal and Stamp of IMA Akola and Office Bearers.

The Branch will have its official seal and stamps of designation will be placed on all the instruments, documents and registers, signed by the office bearers.

              

 

25. Activities related with the State IMA and Head Quarters IMA.

                     The Branch shall act in accordance with the provisions of the State and Head Quarter’s constitution, advice and instructions, as far as, anything is required to be done in relation to the requirements of the State IMA and the Head Quarter’s IMA.

 

 

26.   Immunity from invalidation of proceeding.

 

For a period of 3 years from the coming in to effect of this constitution, no proceeding of IMA Akola will be invalidated, merely for the reason that it was not in accordance with any procedural requirement of this constitution.

             

27.  Court cases against IMA

 

No member of IMA Akola shall directly seek legal action against IMA Akola for any of his grievance, unless he has approached the IMA President for redressing it. The IMA President, personally or through a body constituted for this, after giving due hearing may decide upon it, and if not satisfied, then only the member may proceed for any legal action in the Court of Law. IMA may take action of terminating membership against any such member who acts contrary to this provision.

28.  Power to Make Bye Laws.

 

The IMA Akola General Body may from time to time make Bye Laws in conformity with the Rules made in this Constitution, provide for necessary Annexure and Forms as needed and proposed by the Managing Committee. Such Bye Laws, Annexure and Forms will be passed in a Special General Body Meeting by a simple majority.

 

 

 

 

 

 

 

 

 

 

 

 

 FORM 1

 

 

                   INDIAN MEDICAL ASSOCIATION, AKOLA BRANCH (YYYY-YY)

 

 

PRESIDENT: (ABC)   HON. SECRETARY: (DEF)  HON. SECRETARY: (GHI)

 

 

NOTICE OF ORDINARY / SPECIAL GENERAL BODY MEETING

 

Dear Member,

You are requested to attend the Ordinary /Special General Body Meeting of the Indian Medical Association, Akola Branch, which will be held on (DD-MM-YY) (DAY) at (00-00 AM/PM), at IMA Hall ( Old/New), to discuss the following items on agenda.

1.      Confirmation of the minutes of last general body meeting held on (DD-MM-YY).

2.      Subject 1

3.      Subject 2

4.      Subject ……………N

5.      Any other subject with the permission of the chair.

 

 

 

 

 

 

 

 

 

 

Signature and Designation

 

Hon Secretary                                            Date: (DD-MM-YY)

 

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