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Constitution And Memorandum of Articles
1. NAME
The name of the association shall be 'MAHARASHTRA ORTHOPAEDIC
ASSOCIATION'.
2. ADDRESS
The office of the association shall be situated in the state
of Maharashtra at the address of the Secretary cum
Treasurer.
3. AIMS AND OBJECTIVES OF THE ASSOCIATION
a) To hold the scientific meetings, Conferences, discussion, and
disseminate and further the art and science of
Orthopaedics.
b) To establish and maintain MOA website relating to orthopaedics.
c) To watch and to advise on legislation affecting orthopaedic
surgery and allied subjects.
d) To establish contact with other societies or associations and
exchange scientific information and collaborate
with them in progress of common interest.
e) To receive donations and subscriptions and to hold the funds in
trust for any particular purpose for the
advancement of orthopaedic surgery and also
for social and charitable purposes.
f) To initiate any other programme which may be decided on from
time to time by the association for the
advancement of orthopaedic surgery and for public
at large.
g) To organize various seminars on Orthopaedics for the General Public
in
Maharashtra.
i) To donate reasonable funds for the purpose of education, culture and
activities.
j) To donate reasonable amount for the needy persons in society, who are
victims
of natural calamity such as flood, earthquake etc.
4. SURPLUS
The association shall be a non profit making organisation. The surplus,
if any, of the association shall be utilised for the furtherance of all
or any of the objects hereinabove mentioned and will not be distributed
among the members.
5. MANAGEMENT
The management of the association shall be entrusted to the elected
executive committee as provided in the rules and regulations.
a) Executive committee will comprise of
1. President 2.Vice president 3 President Elect 4.Honorary Secretary
5 Immediate Past President 6.Editor of JMOA and NINE Executive members.
Regional representatives will be invited for the EC Meetings for
participating in the discussions however they will have no voting rights
and shall not be referred as executive members.( see clause
6. MEMBERSHIP
The benefits of the association shall be open and available to all
members fulfilling the criteria of membership as laid down in clause 3
of rules and regulations of this association and shall not be limited or
restricted to any particular Class, Cast, Community, or creed of people.
RULES AND REGULATIONS
1. Definitions & Reference Words:
a) Association: means an establishment formed by authority of
individuals for promotion of same object especially one of public or
general utility, charitable education, etc. HERE The Maharashtra
Orthopaedic Association
b) Meeting: means Assembly or coming together of the members due to
prior notice for discussion or taking decisions on subject matters of
Association.
c) Orthopaedics: Means branch of Medicine dealing with the correction of
diseased,
deformed or injured bones or muscles.
d) Constitution means the Memorandum of the association and The Rules
and Regulations including annexure and schedules if any annexed to Rules
and Regulations.
e) Words imparting Masculine gender and singular number shall
respectively include
feminine gender and pleural number and vice versa.
f) Member: means the person admitted to the association as per
eligibility criteria and has become part of the Association.
g) Seminar: means and includes small arranged discussions or short
intensive course of study.
h) Conference: Means series of meetings for scientific discussions or
consultations.
i) YEAR: Means the financial year of the association commencing from the
first day of April and ending on the last day of the March of succeeding
year both days inclusive.
j) OFFICE BEARERS shall mean the members of the executive committee.
k) OFFICE: Office of the association will be the address of the honorary
secretary cum treasurer.
2. Area of Operation: Limited to India.
3. Membership:
a) The Association shall consist of members whose names are on the
Register of Members of the Association at the time when these Rules and
Regulations come into operation and of subsequent members who being
eligible shall be duly admitted in such manner and on such conditions as
may be prescribed from time to time in the Articles of Association.
b) There shall be Register of Member in which the names of all members
of the Association shall be entered with their qualification and
addresses and photographs be kept in such a manner as laid down by the
Executive Committee.
c) Any person possessing Allopathic Orthopaedic qualification recognized
by MCI OR the state medical council is eligible for the membership of
the Association.
d) A member should pay Rs 1500/- being life membership fees or such
subscription fixed by the Association in the General Meeting of the
members from time to time.
e) The General Body has right to modify subscription from time to time,
to be paid by members.
f) Membership shall be conferred after prior application to and approval
by the executive committee and subsequent ratification by the Annual
General Body.
The decision of the executive committee shall be final and
unquestionable.
4. Kinds of Membership:
a) Ordinary Membership: Ordinary membership shall be restricted to those
in practice of Orthopaedics or its super-specialty. Application for
ordinary membership shall be proposed and seconded by ordinary members
only. The application will be screened by the Executive Committee and
the authority to admit new ordinary members will be the Executive
Committee.
b) Honorary Membership: Honorary membership may be conferred upon
outstanding individuals who have taken deep interest and have promoted
and contributed the growth and dissemination of the knowledge of
Orthopaedics.
5. Rights of the Members:
a) A member shall be entitled to all privileges of the membership of the
Association.
b) A Member shall have right to attend all the meetings and conferences
and discussions conducted by the Association (on payment of additional
fees fixed if any.)
c) A member has got right to attend Annual General Meeting or such other
General Meetings of the Association. Further he has right to vote,
discuss functions of the Association, Annual Accounts, Balance Sheet and
future policy and planning of the Association, provided he has paid
subscription dues, to the Association if any.
d) Member has the right to contest the elections to the E.C. of
Association as per the procedure laid down in clause (10).
e) The Honorary member shall have b no rights of voting and contesting
the elections.
6. Termination of Membership:
Membership may be terminated by:
a) Resignation by the Member:
b) If the member is convicted of any offence of moral turpitude or any
criminal
offence.
c) Removal on account of misbehavior, misconduct by passing a suitable
resolution in executive committee or the General Meeting of the members
by 2/3rd majority.
d) A member of the executive committee who remains absent for three
consecutive meetings of the committee without prior intimation to
President and secretary shall be deemed to have resigned from the post
and his membership from the committee shall be terminated.
e) On account of death of member.
7. Disciplinary Action:
Disciplinary action including dismissal may be taken by executive
committee against any member found in activity prejudicial to the aims
and objects of the association. He /She should be informed about the
allegations by registered post for dismissal and should be given
opportunity to plead before conclusion.
8. Re-Admission of Member:
a) As per provision of Article 4 stated above after paying the dues if
any.
b) Members removed under Clause 6 (b) and 6 (c) can not be readmitted to
the Membership of Association.
9. Accounting Year
The Financial year of the Association for the accounting purpose shall
start from 1st April of every year and shall end on 31st March of the
following year.
10. Executive Committee:
a) The Executive Committee shall be a continuous body and will consist
of 15 members, constituted as follows:
a) President
b) President Elect
c) Vice President
d) Past President
e) Honorary Secretary cum Treasurer
f) Nine Executive Members
g) Editor of JMOA
All executive committee members shall be honorary.
11. Election Procedure
a) President Elect will be the Election officer. Secretary should inform
the election officer about the posts to be declared by a letter before
30th August.
b) Election officer will declare the election and send the notice to all
members in Secretary Report stating the posts to be filled in with
eligibility criteria for each declared post as mentioned in
Constitution. He shall form an election subcommittee including himself
and two E C members to carry out election process.
c) Schedule
1) Letter inviting application to be sent with secretary report.
2) Last date of receiving application six weeks before election.
3) Last date for withdrawal of application four weeks before election.
4) Election by secret ballot in annual conference.
5) Declaration of results in AGM at conference venue.
d) Members who desire to contest the elections of executive committee
should submit their application duly signed by the proposer and seconder
from the members of the association to the election officer.
e) If no or less number of applications are received than the number of
vacancies to executive committee then the applications will be invited
in A.G.M. If applications received are more than the number of vacancies
then the elections will be carried out.
f) A member should fulfill the eligibility criteria at the time he
applies for any post of Executive committee.
g) A member shall not contest more than one post.
h.
12. Tenure of the office bearers
a) President--- should hold office for one year.
b) President Elect---will hold office for one year and become president
for next year.
c) Vice President--- shall hold office for one year
d) Immediate Past President---- shall hold office for one year
consecutive to his tenure as President.
e) Honorary Secretary / Treasurer---shall hold office for three years.
f) Nine Members ---each will hold office for three years and three
members will retire every year and three new members will be elected in
their place.
g) Editor of JMOA---shall hold office for three years.
No body shall hold two posts at same time.
No body shall hold the same post for more than two consecutive terms.
13. ELIGIBILITY CRITERIA
a) President/ President Elect
He should be life member of the association for at least 10 consecutive
years. He should not have any objectionable matter pending against him
as decided by EC. He should have completed one term as EC member of MOA
at the time of applying for the post.
b) Vice President
He should be life member of the association for at least 10 consecutive
years. He
should not have any objectionable matter pending against him as decided
by EC. He should have completed one term as EC member of MOA at the time
of applying for the post.
c) Honorary Secretary / Treasurer
He should be life member of the association for at least 10 consecutive
years. He should not have any objectionable matter pending against him
as decided by EC. He should have completed one term as EC member of MOA
at the time of applying for the post.
d) Executive council Members
He should be life member of the association for at least 05 consecutive
years. He
should not have any objectionable matter pending against him as decided
by EC.
g) Editor of JMOA
He should be life member of the association for at least 05 consecutive
years. He
should not have any objectionable matter pending against him as decided
by EC.
14. Powers and Functions of Executive Council:
The Executive Committee shall be the Executive Authority and as such
shall have the power to carry into effect the policy and programme of
the Association.
a) To regulate and issue instructions for the proper working of the
Association and for maintenance and administration of the Association,
building, library and properties of the organisation.
b) To appoint committee, sub-committees as and when necessary.
c) To appoint and remove salaried officers and servants of the
Association.
d) To represent any matter to safeguard the interest of the Association
or the medical profession before Government or other public bodies or
any properly constituted authority.
e) To consider application for new membership.
f) To decide and approve day to day management, expenses, capital
expenditure during the course of the activities of the Association.
g) To co-opt members to the Executive Committee in case of casual
vacancy caused.
h) Penalties for not discharging duties.
President, Secretary and all office bearers of MOA should discharge
their duties according to constitution and guidelines laid down from
time to time. If they fail to do so they will be penalized.
15. Meetings
a) Executive Committee shall meet once in every 3 months and also before
the General Body Meeting and if required, after the General Body
Meeting.
b) Newly elected Executive body members are to be invited for the last
executive committee meeting every year and should be administrated the
oath of office & secrecy.
c) The executive committee may invite a member or a non member expert
for deliberation on a specific issue but the invitee shall have no
voting right.
16. Duties of the Office Bearers of the Executive Committee:
A) President:
a) He shall be Chairman of all the meetings of the Association.
b) He has to conduct Meetings.
c) He shall guide and control the activities of the Association.
d) He shall have casting vote in case of equality of votes.
B) Honorary Secretary& Treasurer
a) He shall be in-charge of the office.
b) He shall conduct all correspondence.
c) He shall have General Supervision over accounts; pass all bills for
payments as directed by Executive Committee and to sign cheques along
with President.
d) He shall arrange meetings, lectures and discussions.
e) He shall maintain a correct and up-to-date Register of all members of
the association.
f) He shall prepare Annual Report to be presented to Annual General
Meeting after approval from Executive Committee.
g) Shall receive all money of the Association and shall deposit them in
a Nationalised Bank approved by Executive Committee to the Credit of
Association.
h) Shall be responsible for collection of subscription from all the
members of the Association.
i) Shall be responsible for keeping upto date the accounts of the
Association.
j) Shall get all the accounts audited by Auditor of the Association.
k) Shall prepare the Annual Statement of the Accounts and Balance Sheet
showing the financial position of the Association and put it before the
Annual General Meeting of the Association.
m) He shall present the names of applicants as new members first in the
EC meeting and after its approval shall present the list in GBM for
ratification.
l) Audited accounts of previous financial year should be distributed to
all
c) VICE -PRESIDENT
He will be deputized for the President on all occasions when President
is absent. If the President ceases to hold the office during his term
due to whatever reason He shall work as a president for the remaining
term.
d) PRESIDENT-ELECT
He will be the election officer for executive committee and regional
representative elections.
e) EDITOR OF JMOA
He shall appoint an editorial board after approval of executive
committee every year.
He shall publish an issue of the journal every 3 months.
17. General Meetings:
a) Executive Committee shall call and convene every year, a meeting
called Annual General Meeting of the members of the Association
preferably to be held during annual conference of the association.
b) Written Notice of Annual General Meeting must be given to reach the
members not less than one month before the date of Annual General
Meeting to every member of the association by surface mail (post or
courier.)
c) Members may call General Meeting by giving notice to the President of
the association, such notice must be signed at least by 1/4th of the
total strength of members.
d) If the President fails to call such meeting within two months of
receiving such notice then the members themselves shall call the meeting
of the Association.
e) Any proposal for the amendment to Memorandum and Articles of
Association shall be submitted to Honorary Secretary at least 6 months
before the Annual General Meeting. Honorary Secretary shall forward a
copy of the same to Executive Committee. A copy of proposed amendment
and the recommendation of the Executive Committee shall be forwarded to
reach every member of Association at least 15 days before the Annual
General Meeting. The Honorary Secretary shall present at the Annual
General Meeting the opinions on the proposals communicated to him in
writing, by the members.
f) If there is amendment to the Memorandum and articles of Association
then it must be stated in the notice of the meeting and such amendment
can be effected only by 2/3rd Majority of the members in the meeting.
18. Business at the General body Meeting
Following business is to be transacted at General Meeting:
a) To approve minutes of the last meeting.
b) To approve Annual Report, Annual Audited Accounts.
c) To appoint Auditor for next year and fix his remuneration.
d) To approve amendments to memorandum and articles of association.
e) To give prior permission to sale of any property of the Association.
f) To discuss objects and working results of the Association.
g) To ratify the induction of new members recommended by executive
committee.
h) To declare the results of the election to EC and administer the Oath.
i) To discuss any other business with the permission of the Chairman.
19. Association's fund and investments
Funds can be invested according to the restrictions of Bombay Public
Trust Act.,1950.
20. Chairman for the meetings
President of the Association shall be Chairman for all the Meetings of
the
Association unless otherwise decided by the meeting. In absence of
President, Vice
President shall be the Chairman of the Meeting, if both are absent then
the members of the meeting will appoint Chairman for that meeting.
21. Quorum for Meeting
Quorum for annual general meeting shall be 10% of total strength of the
association.
Quorum for all other meetings should be 1/3 rd of the body of that
meeting.
If Quorum is not present at the meeting at the appointed time then the
meeting will be adjourned for half an hour.
If the quorum is not present after half an hour then the members present
shall form the quorum.
22. Dissolution of the Association
Association can be dissolved in accordance with the provisions of the
Indian Societies Act,1860. U/s 13,14.
23. Extra Ordinary General Meeting
a) Can be called when Executive Committee is of the opinion to call
extra ordinary general meeting for urgent decisions to be obtained from
general body of members, whenever required.
b) A draft notice of the meeting stating business to be transacted must
be approved by the Executive Committee in their meeting.
c) Such notice must be sent to all members to reach atleast15 days
before the meeting, by surface mail stating business to be transacted in
the meeting together with explanatory statement to be attached wherever
necessary.
d) Members may call extra ordinary general meeting in accordance with
the provisions clause (16) sub-clauses (c) & (d) of this Articles of
Association.
e) Only the subject matter for which the extra ordinary general body
meeting is called will be discussed and no other business shall be
transacted in such meeting.
24. Demand for Executive Meeting
a) Executive Committee members may call meeting by giving notice to
President of the Association. Such notice must be signed by at least
5(five)members of Executive Committee.
b) If President fails to call such meeting within one month of receiving
such notice, then the Executive Committee members themselves shall call
the meeting of the Executive Committee.
c) In this meeting only that business will be transacted for which this
meeting is called for.
25. Funds of Association, Income & Its Utilisation
A) Funds of Association, Income Consists Of:
a) Subscription from members.
b) Donations from members & patrons of Association.
c) Government Grants for activities of Association.
d) Interest and dividends received on investment by Association.
B) Income of the Association is to be utilised for the objects of the
Association with the approval of Executive Committee.
26. Purchase and or Sale of Immovable Properties
a) Purchase of immovable property can be effected with prior approval of
members in the General body Meeting.
b) Sale of immovable property can be effected only after prior approval
from General body and Charity Commissioner on the terms and conditions
imposed by him.
27. Bank Account
Bank Accounts of the Association can be opened with Nationalised Banks
only. It is to be operated by Hon. Secretary Cum-Treasurer along with
any member of executive committee as co-signatory.
28. Change in the name of Association and change in objects of
Association.
These can be done in accordance with the provisions of clause (1) and
its sub clauses of Articles of Association. In such contingencies
provisions of Society's Act 1860 U/S 12 or12-A shall be applied.
29. Vacancy to the Executive Committee:
Vacancy caused by any reason including resignation, death or otherwise
shall be filled in the meeting of Executive Committee by passing
necessary resolution by simple majority in the executive committee
meeting for the remaining period till the next elections.
30. List of Members
A list of members shall be maintained by Honorary Secretary of the
Association.
Any additions and deletions are to be approved by the Executive
Committee in their meeting and these additions and deletion are to be
incorporated in the list of members and are to be signed by the
President of the Association.
31. Change in Rules and Regulations:
If any change in the rules and regulations is proposed by members or
body it can be approved in General Meeting by at least 2/3rd majority of
the members present.
32. Power to remove difficulties.
If any difficulty or any doubt arises in giving effect to Rule and / or
regulation to meet or resolve situation, the Executive Body is hereby
empowered and authorised to resolve such difficulty (and / or supplement
such omission) and the decision of the Executive Committee on the issue
shall be binding on the Association & will not be or liable to the
questions by the Association or any member of the Association.
33. AFFILIATION OF THE DISTRICT/ REGIONAL ASSOCIATIONS
Prescribed form has to be signed by office bearers of district/region.
One representative from each region will be elected by the members of
the region on executive committee during the regional conference. These
will have no voting rights and shall be referred as Regional
representatives. The term of the regional representative shall be for
one year.
34. CONFERENCE ( MOACON Annual conference of the MOA)
Annual conference shall be held by an affiliated district only.
The applications will be invited 2 years in advance.
The venue shall be approved by executive committee first and then by AGM.
MOACON shall be held in the state of MAHARASHTRA only.
A Memorandum of Understanding, Bipartite or Tripartite if an event
manager is appointed shall be signed by the president of district
holding the conference and organising secretary and event manager ( if
any) with president and secretary of MOA as PER THE FORMAT decided by
executive committee.
A Regional conference shall be held in the particular region every year
by the member district association by rotation.
35. ORATIONS
The names of the orations can be changed by a suitable resolution in
executive committee subject to approval by AGM after at least five years
after starting the orations. The names of the orators will be decided by
the executive committee on the merit amongst the proposed names well in
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