Constitution


MALAD MEDICAL ASSOCIATION CONSTITUTION 2007

CONSTITUTION
MALAD MEDICAL ASSOCIATION
OFFICE: – 411, Samruddhi Commercial Complex, Chincholi Bunder Road Ext,
Malad (West), Mumbai – 400 064.

MEMORANDUM OF ASSOCIATION

  1. NAME: The name of the association shall be “MALAD MEDICAL ASSOCIATION” hereinafter called “Association”
  2. AREA: The area of the Association shall be within the limits of Malad, which is meant to include the areas between Piramal Nagar to Shankar lane in North and Kurar Village, Gokuldham and Hanuman Nagar to Madh and other areas covered under P-North Municipal Ward.
  3. OFFICE ADDRESS: — 
    411, Samruddhi Commercial Complex,
    Chincholi Bunder Road Ext,
    Malad (West), Mumbai – 400 064.
  4. OBJECTS: – The objects of the Association shall be:-
    • To promote and advance medical and allied sciences in all their different branches and to promote the improvement of medical health and medical education as defined by WHO.
    • To maintain honour, dignity and interest of the medical profession and to promote co- operation and brotherhood amongst its members.
    • To generate sense of fraternity and co-operation amongst members
    • To Promote scheme or schemes for welfare of members and their families
    • To conduct service projects for betterment of public health and sanitation
    • To promote doctor-patient relationship
  5. METHODS: – For the achievement of these objectives the Association may,
    • Arrange from time to time periodical meetings of the members, congresses, conferences, lectures, discussions, demonstrations and workshops on any aspect of medical and allied sciences for the members of the Association and medical profession in general.
    • Publish and circulate a journal, which shall be the official organ of the Association, of a character specially adopted to the needs of the medical practitioners in Malad and shall undertake publicity and propaganda work of the Association through its columns and publish other literature and
    • announcements by members about their professional activities, in accordance with the objects of the Association.
    • Conduct educational campaign and service projects among the people in the matter of public health and sanitation by co-operating whenever necessary with different public bodies working with the same object.
    • Organise medical camps, for providing medical relief during epidemics and in times of emergency.
    • To maintain Association office.
    • Borrow or raise money in such a manner as the Association may think fit and collect subscriptions and donations for the Association.
    • Invest any money of the Association, not immediately required for any of its objects, in such a manner as may from time to time be determined by the managing committee.
    • Co-operate with any other medical institution or Association having all or in part objectives similar to those of the Association.
    • Consider and express its views on all questions and the laws of India, or proposed legislation affecting medical profession, public health and medical education and intimate or take such steps and adopt such measures from time to time as may be necessary to expedite the objectives of the Association.
    • Purchase, take lease or otherwise acquire, hold, manage, let, sell, exchange, mortgage or otherwise dispose off movable or immovable property of every description and exercise all rights or privileges necessary or convenient for the purpose of Association and in particular any land, building, furniture household or other effects, utensils, books, newspapers, periodicals, instruments, fittings, appliances, apparatus, articles of sports, conveyance and accommodation as and when deemed necessary or desirable in the interest of Association, sell premises, let, hire out, mortgage, transfer or otherwise dispose off the same.
    • Maintain, improve or alter and keep in condition Association’s premises for the purpose of the Association.
    • Do all such things, as are cognate to the objects of the Association or are incidental or conducive to the attainment of above objects.
    • Arrange social meetings and cultural programs for members and their families.
  6. RULES OF THE MALAD MEDICAL ASSOCIATION
    • Association shall consist of members whose names are on the register of the Association at the time when these revised Rules and Bye-Laws come into operation and of subsequent members who shall be those persons who being eligible shall, after the date of adaptation of these revised rules and Bye-Laws of the Association, be duly elected in such a manner and upon such conditions as may be prescribed from time to time by the rules and Bye-Laws.
    • Register:
      There shall be a register of all the members of the Association which shall be maintained in the office of the Association in such a manner and showing such particulars as may be prescribed by the Managing committee from time to time. At present the register shall contain names, qualifications, registration numbers and address of residence and clinics with official address for correspondence being one of the two.
    • Eligibility:
      Any doctor possessing following medical qualification and practicing and/or residing and/or employed within the area of jurisdiction of the Association shall be eligible for the membership of the Association.

       

      • As defined in the medical degrees act 1961(Act VII of 1961) and duly registered under Maharashtra Medical Council Act 1965 as amended from time to time in any one of the state medical councils in India.
      • As prescribed in schedule A, A1, B and C of Maharashtra Medical Practioner Act of 1961 as amended up to 30th April 1972 and duly registered under the said act with the Maharashtra Broad of Ayurvedic and Unani systems of Medicine, Mumbai.
      • Dental qualification of BDS and / or MDS, and having registration with the Dental Council in Maharashtra.
      • Registered by Maharashtra council of Homeopathy, and Biochemic System of Medicine Bombay under Bombay Homeopathic and Biochemic Practitioners Act 1959 (Bom XII of 1960) e.g., G.C.E.H., L.C.E.H., B.H.M.S., and D.H.M.S.
    • Enrolment of Member:
      Any person eligible for membership of Association and wishing to become the member of the Association shall duly fill and sign the prescribed membership application form with recommendation from one existing member of the Association and forward it to Hon. Secretary of the Association. Such application shall be scrutinized by the Managing Committee. The candidate shall be declared as duly elected member of the Association if the member fulfils the “Eligibility” criteria. No member shall be considered for membership for the same year if his application is received for consideration within 30 days prior to election of Managing committee.
  7. Classification of Members:
    1. Regular Member: Eligible doctors practicing / residing or employed within the jurisdiction of Malad.
      • Life Member:
        Any eligible doctor who pays a lump sum, non-refundable subscription according to the then existing Byelaws shall be life member of the Association.
      • Couple life member:
        An eligible doctor along with his eligible spouse applying for the couple life membership with lump-sum, Non-refundable subscription according to then existing Bye-Laws shall be couple Life member of the Association.
      • Ordinary Members:
        An eligible doctor who pays regular yearly subscription. A single or couple member shall pay the subscription of at least two years at the time of application for ordinary membership.
    2. Associate Member:
      An eligible doctor practicing and residing out of the area of the jurisdiction but within the area of jurisdiction of Greater Mumbai extended suburbs can become the Associate member of the Association as follows:

       

      • Associate life member
      • Associate couple life member.
  8. Association year:
    The year of the Association will be 1st April of the year to the 31st March of the succeeding year
  9. Privileges of Members:
    • Life membership subscription or payment of annual fees in case of Ordinary member shall entitle themselves for that period to all privileges of membership of the Association.
    • All regular members shall be entitled to receive a copy of the .journal of Association and other publications of Association either free of charge or at the rates the managing committee may fix from time to time.
    • All regular members shall have the right to attend and take part in discussions at all general & clinical meetings, lectures & demonstrations organised by the Association.
    • All regular members shall have the right to vote on resolutions and to hold office according to the rules and Bye-laws
    • All the regular members shall be entitled to use building premises and library as may be set apart for the members on the terms and conditions decided by the managing committee.
    • All the regular members shall have the right to attend the Medical conference organised by the Association on such terms & conditions laid down by Managing Committee in accordance with Bye-laws of Association.
    • All regular members shall enjoy any other privilege that may herein- after be conferred by the Association.
    • On termination of membership, a person shall automatically cease to hold such office or appointment as he/she may be holding in the Association or it’s subcommittee by virtue of his/her being a member.
    • Associate members shall enjoy all the privileges of regular members except that they shall not be entitled to vote and shall not hold any office in the Association or its sub-committees or represent them.
  10. Resignation, re-admission and termination of Membership:
    A member may resign his membership of the Association by giving one month’s notice in writing to the Hon. Secretary and the same shall be placed before the managing committee for necessary action. The resignation shall not be effective until the payment by him/her of all dues due to the Association.

     

    • A member who has resigned may, on application being made for the purpose, be readmitted on payment of usual subscription and admission fees.
    • Any member who does not pay his annual subscription on or before 30th April each year shall automatically cease to be a member of the Association without any notice. However, such member shall be readmitted on becoming life member along with payment of fresh admission fees and usual life membership subscription.
    • If the conduct of a member be deemed by the Managing Committee, prejudiced to the interest of the Association or be calculated to bring the medical profession in disrepute, the Managing Committee may ask him to submit a written explanation of his conduct. In the event of the explanation found unsatisfactory by the Managing Committee, the member may be asked either to apologise, or to resign from the Association. If the member apologises, his apology shall be given due consideration by the Managing Committee. In the event of member not accepting the decision of Managing Committee the matter shall be referred by the Managing
      Committee to General Body for action. In that event an Extraordinary General Body meeting of the Association shall be called to consider the case and at least 7 days notice of the meeting shall be given to the member concerned and he shall be given opportunity to explain his conduct if he so desires. If at the meeting 3/4th of the members’ present and voting record their votes for the removal of his name
      from the membership, the resolution shall be deemed as carried. However General Body may declare him innocent, pass strictures, suspend for a certain specified period or just warn the member, the decision of the General Body shall be final and binding.
    • 20% members of the Association shall form the quorum for such Extraordinary General Body meeting. In the event of “No Quorum” the meeting shall stand adjourned for half an hour .If there is no quorum even after that the meeting shall be called again after 2 weeks, quorum also will be required in this meeting. If
      Quorum is not met after 1/2 an hour’s adjournment the Agenda shall be quashed. The member if so removed can be re-admitted after 2 years by an application to Managing Committee supported by ten life members of the Association. The decision on such re-admission by Managing Committee will be final.
    • Upon being deregistered by the Board of Registration or the State Medical Council on the ground of unethical conduct, the membership of the said member shall stand terminated from the Association from the date of said deregistration.
    • Upon forfeiture of qualification by virtue of which he/she became eligible for membership, the member can be re-admitted in the Association if his/her name has been re-entered by the Registering Board or Medical Council.
    • On receipt of written information from any member of the Association questioning the eligibility of a member, Hon. Gen. Secretary shall conduct the necessary enquiry and place his findings before Managing Committee for necessary action.
  11. Management of the Association:
    1. The management of the Association shall be vested in the Managing Committee. Composition of Managing Committee:
          The Managing Committee shall consist of following members:

       

      • President.
      • President Elect
      • Vice -President.
      • Hon. Gen. Secretary.
      • Hon. Treasurer.
      • Hon Joint Secretary
      • Eleven Elected members (at least one member shall be female).
      • The Managing Committee shall be empowered to Co-opt four members of the Association
    2. Immediate Past President shall be ex-officio member of the Managing Committee. : – Post of ‘Immediate Past President’ will not be considered as continuity in the managing committee as it is by default. His nomination for the post of any Office Bearer will not be considered for 3 years after his tenure as President
    3. The President, President Elect, Vice President, Hon. Secretary. Hon. Treasurer, Hon. Joint Secretary and Immediate Past President shall be called “office bearers” and shall be on dais for all official procedures.
  12. Vacancies of Managing Committee:
    • Non attendance of member for three consecutive meetings of Managing Committee without intimation to Hon. Gen. Sec. or proper explanation to the President for the absence shall terminate his membership from Managing Committee & constitute a Vacancy. ‘Member / Office bearer (Other than President and Hon Secretary) must seek prior leave of absence from President/ Hon Secretary’ and “will be automatically disqualified if failed to attend 3 consecutive managing committee meetings and he will be disqualified to file nomination for next year”
    • Vacancies occurring in the Managing Committee except President and President Elect between two Annual General Body meetings shall be filled in by Managing Committee by majority of votes.
    • In case of vacancy occurring in the Presidentship, the Vice-President shall act as President during the remaining period of the office. In case of vacancy arising for the post of ‘President Elect’ during the next election, general Body shall also elect for the post of ‘President’ for this particular year.
    • In case of vacancy occurring for both the post of President and President Elect, the vacancy will be filled by the Special General body at its meeting called for this purpose.
  13. Chairperson of the Managing Committee meeting:
    The President, or in his absence, the Vice-President shall preside over all the meetings of the Managing Committee. In case of absence of President as well as Vice-President, the meeting shall elect its own chairperson by majority votes for that particular meeting.
  14. Duties & Powers of Managing Committee:
    • The Managing Committee will administer the office of Association in accordance with the Memorandum, Rules and Bye-laws of the Association.
    • The Managing Committee shall have the right to delegate all or some of its powers except those relating to change of Rules and other specified resolution to the “Office Bearers”.
    • The Managing Committee shall have right to appoint special, ad-hoc committees. The President, Hon. Gen. Secretary and Treasurer shall be ex-officio members of such committees.
    • The decisions of the Managing Committee in all matters not covered by Rules & Bye- Laws shall be final & binding.
    • To frame, alter or repeal Rules & Bye-laws, to conduct business at Managing Committee meeting, maintenance & administration of the office and other properties of the Association.
    • To represent any matter, in which they consider the interest of the Association and medical profession are affected, before the state Govt or other public bodies or any other legally constituted authority.
    • To appoint or remove the salaried officers & servants of the Association.
    • To write off up to 15000/- arrears against any individual member of the Association if considered desirable, in consultation with the Trust Board and ratify at the next general Body meeting.
    • To take any decision in the interest of Association and in furtherance of image of the medical profession and Association within the preview of Rules & Bye-laws.
    • To instruct the conveners of various committees and sub-committees to present the accounts of their projects within 45 days of the completion of the project, to the Managing Committee.
  15. Funds of the Association:
    1. The funds or income of the Association shall include interalia:-
      1. Subscription from Members.
      2. Donations or bequests given by the members of the Association or their relatives and well wishers.
      3. Income derived from organising functions, conferences, entertainment programs, sports, socials and other cultural activities.
      4. Interest and dividend received from investments & Deposits
      5. Sale proceeds and any Income derived from advertisements, announcements in MAGIC or any other publication of the Association.
      6. Such other sources of Income as may be determined by Managing Committee from time to time.
      7. Income derived from the utilization of premises.
    2. Reserve fund:
      1. Fees of the life membership and all funds received under clause 15 A ii as above shall, unless otherwise earmarked, be transferred to the reserve fund of the Association.
      2. Any part or full surplus money available at the end of the year, may be transferred to the reserve fund if deemed fit at the Annual General Body Meeting.
      3. The Managing Committee shall have powers to invest the reserve funds in Govt Securities, UTI and LIC mutual funds for higher yields, as approved by the charity commissioner.
  16. Expenditure:
    • The Managing Committee shall, out of funds of Association, defray all ordinary expenses and shall pay all outgoings of the premises and all other such expenses necessary for smooth functioning of Association. They shall be empowered to spend money on scientific seminars, the conferences, Prizes and on such other purpose as they may consider advisable.
    • The Managing Committee shall be empowered in case of emergency, for a special purpose, to draw the requisite amount with the prior sanction of General Body, “in consultation with the trust board” and it should be ratified in the subsequent General Body Meeting.
  17. Bank Account:
    All funds of the Association shall be deposited into accounts operated in the name of Association, in a bank or banks as determined by Managing Committee from time to time, and shall not be drawn upon except by cheque signed by any two of the following three office bearers:-

     

    • President
    • Hon. General Secretary.
    • Hon. Treasurer.

    The treasurer may keep with him at any time a sum not exceeding Rs. 5000/- (Five thousand only) for petty expenses.

  18. Duties & Powers of the office bearers:
    1. President:
      1. The President shall preside at all the meetings of the Managing Committee, various committees & sub-committees of the Association. He will preside and regulate the proceedings of the meetings & conferences of the Association and may nominate the chairperson to conduct the scientific meetings. In addition to the ordinary vote, he shall have a casting vote in case of tie. He shall preside at the Annual General Body Meeting of Association.
      2. The President shall guide & control the activities of the Association.
      3. The President shall interpret the Rules & Bye-Laws and decide the doubtful points.
      4. He shall instruct the General Secretary to call the Managing Committee / General Body meetings.
      5. The President shall sanction the bills for payment after they have been approved by General Secretary / Treasurer.
    2. President Elect
      1. He shall attend all the managing committee meetings.
      2. He shall help the managing committee in all the activities.
    3. Vice-President:
      1. In absence of President, the Vice-President shall preside over the meetings. In the event of absence or leave of the President, Vice-President shall carry out duties of the President.
      2. Vice-President shall help in organising membership drive of the Association.
    4. Hon. Gen. Secretary:
      1. Shall have overall charge of Association.
      2. Shall conduct all correspondence.
      3. Shall have General supervision of Accounts, pass all the bills for payment & sign Cheques.
      4. Shall get prepared by Hon. Treasurer annual statement of accounts duly audited by Auditors for adaptation by Managing Committee & General Body.
      5. Shall recommend budgets for various sub-committees to Managing Committee.
      6. Shall present Annual report to Annual General Body Meeting.
      7. Shall be ex-officio member of all committees & sub-committees.
      8. Shall maintain a correct & up to-date register of all the members of Association.
      9. Shall bring all important matters relevant to the interest of Association to the notice of President/Managing Committee or Office Bearers.
      10. Shall attend all the meetings of Managing Committee of Association & keep correct minutes of all proceedings.
      11. Shall look after all the movable and immovable properties of Association.
      12. Shall represent the Association in all legal matters & court cases personally and/or through his appointee and /or through a lawyer appointed by Managing Committee.
    5. Hon. Joint Secretary:
      Hon. Joint Secretary shall assist Hon. Gen. Secretary and shall perform the work assigned by him from time to time. Hon. Joint Sec. shall perform all duties of Hon. Secretary in his absence. Hon. Joint Secretary shall help Vice-President in membership drive of the Association.
    6. Hon. Treasurer:
      1. Shall receive all the money of the Association and deposit them in the bank approved by Managing Committee to the credit of the Association and operate the account along with President and Gen. Secretary as per Rules & Bye-laws. These or part of them shall be deposited in fixed deposit, Govt. or Semi Govt. securities, as approved by the Charity Commissioner Rules.
      2. Shall be responsible for collection of all subscriptions, compensation for use of Premises, income derived from Association, functions, conferences, entertainment programs, social & cultural activities & publications of Association from respective Chairpersons & Conveners.
      3. Shall dispose of all the bills for payment as approved by Hon. Gen. Secretary and President.
      4. Shall be responsible for keeping up-to date accounts of Association with all Account \ book posted up-to date.
      5. Shall prepare quarterly accounts to be placed before Managing Committee.
      6. Shall have right to point out any error or discrepancy in the order of payment of Hon. Gen. Secretary and refer the bills/vouchers to Hon. Gen. Secretary. In the event of their disagreement still persisting the matter shall be referred to the President and his decision shall be final.
      7. Shall prepare the statement of Accounts & Balance Sheet showing the financial position of the Association, get it audited by the approved Auditors and submit it for adoption to the Managing Committee and General Body.
      8. Hon. Treasurer shall be treasurer of all the committees & sub-committees of the Association.
    7. Chairman Scientific Sub-Committee:
      1. The Chairman Scientific sub-committee shall be the convener of the scientific subcommittee.
      2. Shall arrange lectures, workshops, scientific demonstration, CME’s, conferences, seminars and other such programs decided by the Managing Committee.
      3. Annual Scientific Conference will be organized as follows:
        1. President shall be Chairman of the Annual Scientific Conference.
        2. Chairman Scientific committee shall be Organizing Secretary of The Annual Scientific Conference.
        3. Vice President shall be Co-Chairman of The Annual Scientific Conference.
        4. Hon. General Secretary shall be Convener of The Annual Scientific Conference.
        5. Hon. Treasurer shall be Organizing Treasurer of The Annual Scientific Conference.
        6. Hon. Jt. Secretary shall be Organizing Co-Convener of The Annual Scientific Conference.
    8. Chairman Cultural Sub-Committee:
      1. The Chairman Cultural sub committee shall be the convener of the cultural subcommittee.
      2. Shall organise socials, gatherings, cultural programs, and other such functions approved by the Managing Committee.
    9. Chairman Premises Sub-Committee:
      1. The Chairman Premises sub committee shall be convener of the premises subcommittee.
      2. Shall maintain, improve, alter, repair and keep in proper order the premises of the Association.
      3. Shall collect all the mail of the Association posted at the address of the premises and forward them to the respective secretaries.
      4. Shall keep the premises ready and in order for the Managing Committee, subcommittee or other such committee meetings of the Association as and when informed.
      5. Shall see that the maintenance charges due to the society of the premises are paid up to date.
      6. Shall market premises for various parties and take appropriate action to keep the hall clean, neat and ready for any function of MMA or otherwise for outside bookings
    10. Hon. Editor:
      1. Hon Editor shall be the convener of the editorial board.
      2. Shall publish, circulate the journal and other publications of the Association.
      3. Editorial board reserves the rights to accept or reject the articles or advertisements without giving explanation to the concerned parties
    11. Chairman Sports sub-committee:
      1. He shall form the Sports sub-committee
      2. He shall arrange various sports activities for members & families and such other games approved by Managing committee.
      3. He shall submit Income & Expenditure A/c of the activities to the Managing committee
  19. Changes in the Rules and Bye-Laws:
    1. The Managing Committee shall have powers to recommend to the General Body any change in the Rules & Bye-laws of the Association provided they give at least 21 days notice to the members of the Association before calling the General Body Meeting for the purpose. However the Association shall post such notice along with recommended Amendments at least 30 days before the proposed Annual General Body Meeting under certificate of posting to all the members of Association.
    2. Proposal for change of Rules & Bye-laws by members of Association shall ordinarily be considered only in the Annual General Body Meeting. Amendment should reach the Association office Hon. Gen. Secretary before Ist March and may be proposed by individual member in writing signed by a proposer, seconder and supported by at least 10 members of the Association. The proposal of Amendment should be circulated to the members and due notice of it must be given in the Agenda of Annual General Body Meeting by Hon. Gen. Secretary of the Association.
    3. Any alteration to the existing “Rules” shall be made with the sanction of 2/3rd of the members present and voting and any alteration in the “Bye-Laws” shall be made with the sanction of at least 50% of the members present and voting at the meeting of the Association especially called for the purpose or at the Annual General Body Meeting when at least 25% of the members are present. If there is no quorum, the meeting shall be adjourned and reconvened after ½ hr where members present shall form the quorum.

    Bye-Laws of the Association:
    Save so far as determined by the Rules mentioned above, the constitution & mode of administration of the Association, the rights and obligation of the members, the duties, privileges and obligation of all the office bearers and members of the Managing Committee & other committees, the other function shall be such as may, from time to time, be prescribed or determined in accordance with the Bye-Laws.

  20. Subscriptions:
        A member enrolled at any time shall pay the subscription for the year irrespective of the date of enrolment.

     

    1. Ordinary Member:
      1. Annual subscription for any single ordinary member shall be Rs. 500/- and for couple member Rs. 750/- along with admission fees of Rs. 100/- for single member and Rs. 200/- for couple member and shall be payable in advance for minimum two years.
      2. Annual subscription may be revised as and when found necessary by General Body on the recommendation of the Managing Committee of the Association.
      3. For any reason whatsoever, if the subscription of a single or couple ordinary member is not received by the Association for full one year, the name of such member shall automatically stand deleted without any notice. For revival of membership, such member shall pay all the arrears along with fresh admission fees.
    2. Life Member:
      Any member eligible for ordinary membership, on one time payment of Rs. 2000/- or Rs. 3500/- for single or couple membership respectively can become a life member. Subscription may be revised as and when found necessary by General Body on the recommendation of the Managing Committee of the Association.
    3. Associate Member:
      Any doctor eligible to be Associate member shall become so by one time payment of Rs. 2000/- or Rs. 3500/- for single or couple membership respectively. Subscription may be revised as and when found necessary by General Body on the recommendation of the Managing Committee of the Association.
  21. Mode of Election of Managing Committee. :
        The office bearers and members of the Managing Committee shall hold office for one year and shall be eligible for re-election as per Bye-Laws.

     

    1. The Managing Committee shall invite nominations from the members of the Association in sealed envelops for the Following posts: In the first year managing committee shall invite nominations for the post of ‘President’ as well as ‘President Elect’, and subsequent year only nominations shall be invited for the post of ‘President Elect’ (if vacancy arises, accordingly the nomination will be invited)
      1. President and President Elect (in 1st Year, and President Elect from 2nd year onwards)
      2. Vice-president
      3. Hon. General Secretary
      4. Hon. Treasurer
      5. Hon Joint Secretary
      6 Eleven (11) members of Managing Committee (at least one female)
    2. The Nomination papers shall reach the office of the Association or Hon. General Secretary, TEN clear days before the date fixed for election. Withdrawals of the nomination shall be permitted till 7 clear days before the date of the election.
    3. The Valid Nomination received from the members of the Association shall be put to vote in Annual General Body Meeting.
    4. Hon. Gen. Secretary and two members nominated by the President shall scrutinise the nominations and report to the Managing Committee for necessary action
    5. The name of candidates contesting the election shall be mentioned fully in the ballot paper in alphabetical order of their surnames. In case requisite nominations have not been received the nominations shall be invited from members present on the floor of Annual General Body Meeting. If nominations are not received from members present on floor of Annual General Body, these vacancies will be filled up by next new Managing Committee.
    6. The ballot papers will be prepared by the office; It will be counted and signed by Hon. Gen, Secretary before handing it over to Election Officers at the time of Annual General Body Meeting, the Election Officers will countersign the ballot papers before issuing to voters who will have to sign the counterfoils of ballot paper.
      1. No. Member shall be eligible for nomination for election or voting unless he has paid subscription up-to-date.
      2. No member shall be eligible for the post of President/ or President Elect unless he has been Vice President, Hon General Secretary, Hon Treasurer, or Hon Joint Secretary( office bearer) for 2 full annual terms and out of which at least 1 post of Hon Secretary or 1 post Hon Treasurer. (This shall be applicable for the first year as the changing period or as and when president elect has resigned in that particular year due to the vacancy if at all exists)
      3. ‘Eligibilities for the President Elect’ :- No member will be eligible for the President Elect unless he has held any 2 office Bearer posts for 2 full annual terms, out of which at least 1 must be Hon Secretary or Hon Treasurer
      4. No member shall be eligible to be elected as Vice-President unless he has been Hon. Secretary, or Hon. Treasurer or Hon Joint Secretary (office bearer) for 1 full year term
      5. No member shall be elected as Hon secretary or Hon treasurer or Hon Jt Secretary unless he has been a member of the Managing Committee for at least 2 full annual terms. Out of which at least 1 year he must have held a post of sub-committee chairman / secretary (previous constitution)
      6. No member of the Association shall be eligible to be elected as member of Managing Committee unless he has been Life Member of the Association for TWO complete annual years.
      7. No member of the Association shall occupy the position of President for a period of more than TWO consecutive years. However, the same member shall be eligible to contest for the same post after a lapse of one year.
      1. The office bearers and members of the Managing Committee shall be elected at the Annual General Body Meeting of the Association.
      2. No member of the Association shall occupy the position of the member of the Office bearer for a period of more than FOUR consecutive years and shall not retain the same post for more than TWO years. However, the same member shall be eligible for election after a lapse of one year if other election rules are fulfilled.
      3. No member of the Association shall occupy the position of the member of the Managing Committee for a period of more than SEVEN consecutive years. However, the same member shall be eligible for election after a lapse of one year; however he/she may be co-opted
      4. The year in which a member is co-opted for any post will not be considered as continuity of his post.
    7. Should there be more than allotted number of candidates for any office; the voting shall be by ballot.
    8. In case of tie, the Chairman/Chairperson shall give his casting vote.
  22. Powers and Duties of the Managing Committee & other committees:
    1. Managing Committee shall have the powers to appoint various committees and sub-Committees from and amongst the members of Managing Committee as and when necessary.
    2. Each Sub-Committee shall consist of not less than two members and not more than four members from and amongst the members of the Managing Committee besides ex-officio members. Two more members may be co-opted from the members of the Association by Committee or sub-Committee whenever necessary.
    3. Managing committee at its first meeting will appoint Chairpersons for the various sub committees as 
      a) Scientific, b) Editor, c) Cultural, d) Sports, e) Premises, and any other Chairperson for any Sub committee as needed. Chairman Premises Sub-Committee will be permanent invitee at the Trust Board Meeting. Each sub-Committee may include persons, who are members of the Association as advisers but such persons shall have no power of voting.

       

          The sub-Committee shall have powers and duties set forth hereunder:-

       

      1. The President, Hon Gen Secretary and Hon. Treasurers of the Association shall be ex-officio members of all the sub-committees/Committees.
      2. Every Committee and sub-Committee shall have the power to fill in any casual vacancy arising amongst its appointed members.
      3. Any Committee/sub-Committee in respect of any matter before it, may consult or make report or suggestion to any other Committee/sub-Committee of the Association.
      4. Every Committee/sub-Committee shall act under instruction of, and report to the Managing Committee.
      5. Every Committee/sub-Committee shall have power to call to its assistance for a special purpose, persons specially qualified to assist in any branch of the subject referred to it. Such members shall have no right to vote.
    4. Standing Committees:
      1. The General Body may appoint a Standing Committee for any specified purpose which is likely to extend beyond tenure of the Managing Committee. Such a Standing Committee shall submit its report and accounts through the Managing Committee to the General Body. The Managing Committee shall have the right to put its comments to the report. Such Standing Committee shall be presided by the President of the Association and Hon. Gen. Secretary and Hon. Treasurer will be the ex-officio members of such Committee. The General Body shall have powers to make any addition or alteration in such Standing Committee appointed by it.
      2. Each Standing Committee shall consist of THREE elected members of the Association. The President, Hon. Gen. Secretary and Hon. Treasurer will be exofficio members of such Standing Committee. The Managing Committee shall appoint ONE of its members to such Standing Committee. Standing Committee so formed shall appoint a convener from ELECTED members of the Standing Committee. Such Standing Committee will have right to co-opt ONE member of the Association as and when necessary.
      3. Tenure of co-opted and appointed members shall be for ONE full annual year. Tenure of elected members shall be for the period of FOUR years but they shall be eligible for re-election after the lapse of one year.
      4. There shall be election for the post of Standing Committee members at the first year.
      5. Election of the Standing Committee members by general Body will be held simultaneously with the election of the Managing Committee at annual election meeting.
      6. If the elected member of the Association is also ex-officio member of Standing Committee, the vacancy thus created shall be filled up first by Vice-President and next by Hon Gen. Secretary. If vacancy still exists, the post shall remain vacant.
      7. Every Standing Committee shall have powers to fill in any casual vacancy arising amongst its appointed members.
      8. Every Standing Committee shall have powers to call to its assistance for a special purpose, member or persons specially qualified to assist in any branch of the subject referred to it. Such member shall have no right to vote.
    5. Terms of reference for Standing Committee:
      Any other Standing Committee that may be deemed necessary from time to time for specific long-term project shall be appointed as per Bye-Laws of the Association.

       

    6. The premises trust: TRUST BOARD REDEFINED AS UNDER ELIGIBILITY & PROCEDURE FOR ELECTION OF THE TRUST BOARD
      1. He/She should have been a President of MMA for at least 1 full term at any
      time.
      OR Fulfilling all the 3 criteria as listed below.
      a. Life member of the association for not less than 10 years.
      b. He should have worked in the managing committee for not less than 5
      years and
      c. Office-bearer for not less than 3 full terms
      2. The 3 present elected trustees shall complete their 5 years term and 2
      more Trust Board members will be elected at the next AGM, thereafter the trust
      board shall comprise of 5 trustees. Each Trustee shall complete his/her 5 years
      term and the vacancy created shall be filled in the immediate next annual
      General Body meeting along with election of the Managing Committee.
      3. The retired trustee will be eligible for re-election for one more term
      ( more than 2 consecutive terms in total shall not be allowed) if he/she so
      desires or else in his place any other member eligible as in (1) above can
      contest the same to be elected by the general body. In case no nominations are
      received, the trust board will be empowered to fill in the vacancy by a member
      fulfilling the eligibility criteria. As listed in (1) above
      4 .Member of the trust board desiring to contest for the officebearer/
      managing committee: Member shall resign from his membership of
      the trust board before filling his nominations for the said posts.
      5. An eligible non trust board member can file his nominations for trust board
      as well as Office-bearer / managing committee member post, but shall
      withdraw either the trust board Or office-bearer/managing committee member
      nomination before the date of withdrawal Otherwise he will be disqualified to
      fight the election in both the categories.
      6. In case of the vacancy created in the board of trustees during the middle of
      the tenure, the remaining trustees on board shall have the power to fill in the
      vacancy from among the eligible members fulfilling the criteria as mentioned in
      (1) for the remaining period of the year.
      7. The President, Hon. Secretary and Hon. Treasurer of the Association will be
      the ex-officio members of the trust board. They shall have the right to
      deliberate, discuss and shall be part of the decision making. In case of tie, the
      Managing trustee shall have a casting vote. 3 out of 5 trustees shall form a
      quorum for any trust board meeting. Chairman Premises sub-committee shall
      be invitee at every Trust board meeting.
      8. The Trust Board shall elect a managing trustee from amongst them selves
      for one year. The tenure of managing trustee will end along with the tenure of
      the managing committee. The managing trustee can continue as a managing
      trustee for a further period of one year by mutual agreement of the trust board
      or by majority of votes of the trust board members. Managing trustee cannot
      hold the post consecutively for more than two years.
        POWERS AND DUTIES OF THE TRUST BOARD

     

    1. Trustees are the custodians of the immovable properties of the association, ear marked fixed deposits, corpus and the earmarked funds of the association.
    2. The Trust board shall attend to any matter concerning the Charity Commissioner, building Premises and housing society disputes of serious nature. The Trust board is empowered to sign any MOU/ legal documents pertaining to immovable property of the Association.
    3. Managing trustee with any two Trust board members deputed by the trust board shall be the signatories for any transactions stated above.
    4. The Trust board is elected by the general body and hence is answerable to general body. All the matters pertaining to the Premises, Corpus and earmarked funds shall be jointly handled by the Trust Board and the managing committee. The major decisions will be implemented after the approval from the General body
    5. Managing Trustee shall convene the Trust board meeting at least once in 3 months and he will preside over the meeting President, Hon. Secretary & Hon. Treasurer will be ex-officio members at every Trust Board meeting, and Chairman Premises sub-committee shall be invitee at all the Trust Board meetings.
  23. Reports of the Committee:
    The Managing Committee shall consider the report of working of various standing and other sub-committees appointed by it or General Body and submit the same to the General Body with its recommendations.
  24. Meetings:
    1. Meeting of the Managing Committee shall be convened at:
      1. The insistence of the President by Hon. General Secretary as far as possible once in 45 days or earlier, whenever required.
      2. On a written requisition from at least 5 members of Managing Committee within 7 days of such requisition.
      3. By President in case of Emergency.
    2. Requisition Meeting:
      A special requisition meeting of the Association shall be convened within 15 days on the receipt of a written requisition signed by not less than 75 members of the Association, specifying the object / Agenda of such meeting. 100 members of the Association shall form the quorum of such special requisition meeting and if there is no quorum at such special requisition meeting, the same shall be considered as dissolved.
    3. Urgent Meeting / Extra-Ordinary Meeting:
      An urgent meeting of the Association can be called by the President for transaction of any business of urgent nature by one week’s notice. However it can be called at a shorter notice and 45 members of the Association shall form the quorum for such meeting. If there is no quorum the meeting can be held after 1/2 an hour of adjournment and then no quorum will be required.
    4. Annual General Body Meeting:
      The Annual General Body Meeting shall be held not later than 31st May each year and notice thereof shall be given three weeks before the fixed date of the meeting. The Annual Report, Audited statement of Accounts, Balance Sheet of the Association for the year ending 31st March and other such relevant papers shall be sent along with the Notice, three weeks prior to the meeting under certificate of posting (U.C.P). The Hon. General Secretary shall intimate the place and time for inspection of the accounts by the members of the Association. The intimation of Election for Managing Committee shall also accompany the Notice of Annual General Body Meeting.
  25. Business order of the Annual General Body Meeting:
    The business to be transacted in the Annual General Body Meeting shall be in following order unless otherwise determined in the Meeting. However the order may be changed at the discretion of the Chairman/Chairperson of the Meeting.

     

    1. Condolence if any.
    2. To confirm the minutes of last Annual General Body Meeting of the Association.
    3. To consider the business arising out of the minutes of previous A.G.M.
    4. To Adopt the Annual reports of the Managing Committee covering all the activities of the Association. The Audited statement of accounts, Balance Sheet, reports of other committees & sub committees shall be appended to the annual report agenda and taken up for discussion and approval together
    5. To appoint certified Auditors for the coming year to audit the accounts and to fix their remuneration.
    6. To consider resolution sent by members/Managing Committee and to discuss various Amendments proposed by Managing Committee/members.
    7. To appoint Election officers and to conduct the Election, and declare the result of the election
    8. Any other Business with the permission of the chair.
  26. Annual Day:
    The Annual day of the Association shall be held within 21 days of Annual General Body Meeting wherein the Newly elected Managing Committee shall be formally installed and charge handed over by the outgoing Managing Committee. Life-time achievement award It will be presented to 2 eminent doctors / members of the MMA. The committee consisting of the Present office bearers and trust board members will be constituted and the awardees will be selected. The awardees shall be selected by the committee from the MMA members on

     

        the following criteria

     

    1. He/she must have served residents of Malad for the period of at least 25 years and must be a life member of Malad Medical Association for at least 15 years.
    2. He/she must have good involvement in the activities of Malad Medical Association
    3. He/she must be a good academician.
    4. He/she should have given selfless services to the medical profession and also to the underprivileged, illiterate and poor section of our society
  27. Quorum:
    1. Managing Committee: 7 members shall form quorum.
    2. Ordinary Meeting: 45 members shall form quorum.
    3. Requisition Meeting: 100 members shall form quorum
    4. Annual General Body Meeting: 45 members shall form Quorum.
    5. If there is no quorum at the appointed time for any meeting, it shall stand adjourned for half an hour and shall be held after the end of the half hour period at the same place. This shall not apply to Requisition or No confidence meeting, which shall stand dissolved if there is no quorum.
  28. Minutes:
    1. Minutes of each Managing Committee meeting shall be read and confirmed at subsequent Managing Committee meeting.
    2. The minutes of Annual General Body Meeting shall be confirmed at the subsequent Annual General Body Meeting and duly signed by the Chairman of the meeting.
    3. The minutes of all the other i.e. Ordinary, requisition, special and Urgent meetings, etc will be read and confirmed in the next Annual general Body meeting along with previous Annual General Body meeting minutes.
  29. No Confidence Motion:
    A special meeting of the Association shall be convened within a FORTNIGHT on the receipt of a written requisition for such a meeting by not less than 100 members of the Association specifying the cause of requisition of such meeting. The Quorum of such meeting shall be 25% of the total membership on that day, corrected to nearest number. If there is no quorum at the appointed time the meeting shall be considered as dissolved.

     

    1. Such No confidence motion can be moved against any member or Office bearer of the Managing Committee, whole Managing Committee, member of any Committee, sub-Committee and Standing Committee appointed by the General Body. Such a No confidence motion shall be considered to have passed by simple majority at such a meeting.
    2. Once the Motion of No confidence has passed as specified above, he/they or the Committee shall resign. However they will continue to be in office till election is held for that particular post or posts which shall be conducted within a period of one month.
  30. Dissolution:
    If it becomes impossible to carry out the objectives of the Association, the Association can be dissolved in the following manner:

     

    1. The Special Extraordinary General Body Meeting of the Association shall be convened by giving one month’s clear notice under certificate of posting with specific agenda of dissolution, and 75% of the valid members of the Associations shall form the quorum.
    2. If it is decided by 3/4th of the members present and voting is in favour of dissolution, this Association shall stand dissolved with immediate effect.
    3. If upon the dissolution of the Association, there remains after the clearance of all debts & liabilities, any property whatsoever, the same shall not be paid to or distributed among the members of the Association. The resolution of disposal and usage of proceeds of such disposal shall be decided by 3/4th majority by the members present in the Meeting for dissolution or in the event of no resolution having been passed, the matter shall be put before the City Civil Court within jurisdiction of Bombay. In case of resolution having been passed, the execution of resolution so decided shall be carried out by a Committee of members elected by General Body along with the premises trustees.

      PRESIDENT DR ANIL SUCHAK
      HON SECRETARY DR JAYESH LELE
      HON TREASURER DR KETAN K MEHTA
      CONSTITUTION COMMITTEE CONVENOR: DR SAEED UMERJEE
      MEMBERS 1) Dr M G Agrawal 2) Dr Ajay Hariani 3) Dr S R Awarade
      4) Dr Mukesh Gupta 5) Dr Arvind Ghongane6) Dr Sharad Oza
      Amendments proposed and passed unanimously at the Annual General Body meeting held on 6th May 2007, incorporated and effective from 7th May 2007
      Dr Anil Suchak Dr Saeed Umerjee
      President Convener: – Constitution Sub committee
      Dr Jayesh Lele Dr Ketan Mehta
      Hon. Secretary Hon. Treasurer