Bye Laws

Bye Laws

INDIAN ASSOCIATION OF PEADIATRIC ANAESTHESIOLOGISTS.

Rules, Regulations & Bye-laws
  1. DEFINITIONS:-
    1. “Member” means member of this association, duly admitted by the Managing Committee,
    2. “Office-bearers”, means members, holding office of President, Vice president, Secretary,Organising Secretary and Treasurer of this Association.
    3. “Government”, means the Government of Maharashtra State.
    4. “Registrar” means officer appointed by the Government of Maharashtra, for the registration of the Society under the Societies Registration Act 1860 and rules made thereunder :-
    5. “Financial Year” means year starting on 1st April and ending on 31st March.
    6. “Servants” means person appointed by the Managing Committee, for the work of this Association, on monthly emoluments basis; and includes Manager, clerks, peons, etc.
    7. “Bye-laws” means Rules, Regulations, Bye-Laws registered at the time of registration of the Association and includes Bye-laws passed by the Association, in General Body meeting from time to time and registered with the Registrar’s office.
  2. JURISDICTION:-

    The Association is created and established in the city of Mumbai, initially, but it may extend its working throughout India by opening its branches at various places, as and when necessary.The Office HQ can be shifted as per convenience of the managing committee.

  3. FINANCIAL YEAR:-

    The financial year will be from 1st April to 31st March.

  4. MEMBERSHIP AND SYSTEM OF ITS REGISTRATION:-

    Any person who is willing to participate in the work of Association, will have to submit his membership form, along with, the prescribed fee to the Secretary of the Association, who will put up the same before Managing Committee. The Managing Committee, after scrutiny of the application will admit the person as member, subject to Acts, laws, rules and regulations in vogue in India.

    1. All persons practicing as Anaesthesiologists, (MD/DA/DNB) who are enrolled by the Indian Medical Council (with interest in pediatric anaesthesia) will be eligible for Membership.
    2. Such practitioners will have to apply for Membership, on the prescribed form of the Association.
    3. A person, not fulfilling the criteria / conditions given in the form, will not be admitted as a member of the Association.
    4. A member will be entitled to receive a copy of the registered bye-law of the Association on payment of price-thereof as decided by the Managing Committee.(now available online)
    5. A member shall have right to inspect, free of cost / fee, the books, registers, documents etc. of the Association, with prior permission of the Secretary.
    6. A member may resign after giving 3 months notice to the Secretary and clearing his dues to the Association.
    7. As regards expulsions of member from the Association, the issue will be decided in Annual General Body meeting of the membersby simple majority.
    8. The life membership fee, if decided by the Managing Committee will be Rs. 5,000/-. This will continue, till the General body in its Annual General Body Meeting, changes same for subsequent years.
  5. CATEGORIES OF MEMBERS:-

    There will be only three category of Membership. However, the General body in its Annual General Meeting may make more categories of membership depending upon the work and necessity to do so. They are:-

    1. Life Member
    2. Associate Member – All non-anaesthesiologist doctors with interest in paediatric anaesthesia will be considered for Associate member. Associate member is not eligible to hold office or vote. Any Anaesthesia PG will have to join as an associate, and pay full fees. He/she will be moved to permanent life member after passing PG and submitting degree certificate.
  6. CESSATION/ CANCELLATION OF MEMBERSHIP:-
    1. A MEMBER MAY CEASE AS A MEMBER OF THIS Association, on the following grounds:-
      1. On his Death.
      2. Permanent Mental Ailment.
      3. On his resignation.
    2. The membership of this Association will be cancelled, if the member had done the following acts and omissions.
      1. If he had applied to the competent authority for declaring him as insolvent.
      2. If he has been convicted and sentenced for crimes.
      3. If he is behaving against the aims and objects of the Association or disobeying the bye-laws made by the Association in the interests of the Association.
      4. For any other reasons which the General Body thinks fit and proper.
      5. If he is removed from membership, as per sec.35, rule No.24 to 26 of the Co-operative Societies Act 1960.
  7. GENERAL BODY MEETING, ITS POWER AND DUTIES:-

    7.1.The Annual General Body Meeting of the Association shall be held at the venue of the annual conference of IAPAevery year.
    7.4 The Annual General Body Meeting of the Association shall transact the following business:-

    1. To read the minutes of the Meeting of the last Annual General Body Meeting of the Association and the Special General Body Meeting of the Association , if any, and to note the action taken thereon.
    2. To receive from the Managing Committee, the Report of the proceedings of last year's working together with statement of accounts, showing the income and expenditure during the preceding year and the Balance Sheet as at close of the previous year.
    3. To consider Audit, Memorandum, if received from the Statutory Auditor, for the previous year or years along with the Audit rectification Report of the Committee thereon.
    4. To declare the results of the election to the Managing Committee if the election for the Committee has taken place prior to the Annual General Body Meeting of the Association.
    5. To appoint an Auditor for Statutory Audit, from the panel maintained by the Registrar.
    6. To consider any other matters, specially requiring decisions, concurrence or sanction of the General Body Meeting of the Association, by virtue of the Act, Rules and Bye-laws of the Association.
    7. To consider any important communication received from the Registering Authority, the Statutory Auditor, Government, Collector, local or any other Competent Authority.
    8. To consider any other matter with the permission of the chair, expecting those requiring proper notice, after the Regular Agenda is over and which are permitted under provision of Act, Rules and Bye-laws.
    9. To sanction the Budgetary provisions for the ensuring year and to give post facto sanction to the expenses which are excess over budget provision.
    10. To consider, amendment, alteration, modification, deletion, introduction of Bye-laws put forth by the Managing Committee of the Association.
    11. To appoint servants for the work of the Association by deciding their service conditions and emoluments, if deemed necessary to delegate this power to the Managing Committee for any particular appointment.
  8. NOTICE OF ANNUAL GENERAL BODY MEETING AND ITS QUORUM.

    The notice for the Annual General Body Meeting together with Report of the Managing Committee, Income and Expenditure Statements and Agenda, will be sent 14 days earlier of the date of the Annual General body Meeting. This should also be displayed on the Notice Board of the Association.

    1. The Notice o the Annual General Body Meeting should indicate, place of the Annual General Body Meeting, Date and Time.
    2. The Notice should also indicate the quorum for the meeting and place , date, time for extended meeting in absence of quorum.
    3. The Notice for the Annual General Body Meeting will be issued under the Signature of the Secretary of the Association.
    4. The quorum for the Annual General Body Meeting will be 2/3 of the total membership or 15 nos. whichever is less.
    5.  If the meeting is adjourned for ½ hour for want quorum, then there will be no Quorum requirement for such meeting
    6. The President of the Association will be the Chairman for the Annual General Body Meeting and in his absence, Vice-President will act as Chairman.
    7. The Chairman will have a casting vote in additional of his vote as a member, in case of a tie.
    8. Every resolution is passed by the Majority of votes and if any member wants voting by secret ballot, then secret ballot proceeding will be adopted.
    9. The Secretary will record the Minutes of the meeting within 2 months in the Register and the Signature of the Chairman will be taken in that Register.
    10. The Annual General Body of the members may pass relevant resolutions in respect of the following items:-
      1. Prohibition of the Members against being interested in the property of the Association.
      2. Disqualification of Members for the election to the Managing Committee.
      3. Cessation of the members of the Managing Committee from time to time and amend, alter, modify the Bye-laws accordingly.
  9. SPECIAL GENERAL BODY MEETING AND ITS FUNCTIONS:-

    Special General Body Meeting of the Association may be called at any time at the instance of the President or by the decision of the majority of the Committee and shall be called within one month of the date of the receipt of requisition, in writing signed by at least 1/5 of the members of the Association or from the registering authority or from the Federation, if any, to which the Association may be affiliated. The meeting so conveyed shall not transact any business, other than that mentioned in the notice of meeting.

    1. The requisition for the Special General Body meeting of the Association, under above provision, shall be placed within 7 days of its receipts before the meeting of the Managing committee, by the Secretary of the Association for fixing the date, time and place for the special General Body Meeting of the Association.
    2. The Committee shall decide the date, time and place of any Special General Body Meeting of the Association and the business to be transacted thereat, provided that the business to be transacted at the requisitioned Special General Body Meeting shall be only that mentioned in the requisition. The notice conveying the Special General Body Meeting shall be issued bythe Secretary of the Association accordingly On his failure to issue the notice, the President shall issue it.
    3. In case of Annual General Body Meeting, 14 clear days notice is required. In the case of Special General Body Meeting, 5 clear days notice will given to all the members of the Association under intimation to Federation, if any, and to the Registering Authority. In case of emergency, the Special General Body Meeting may be called, even at the short notice, if the Committee unanimously decides to call the Special General Body Meetingat a shorter notice. The Agenda of such emergency meeting and the reason of emergency for which the meeting is called shall be communicated in writing to all the Members. Also the decisions of such meeting shall be communicated in writing to all the members within 7 days of such meeting.
    4. The quorum for any Special General Body Meeting shall be 2/3 of the total no. of members of the Association or 15 whichever is less.
    5. If within half an hour after the time appointed for the Special General Body Meeting of the Association, there is no quorum, the meeting if conveyed upon the requisition of the members, shall be dissolved. Quorum is essential for special GBM.
    6. If the Agenda is not transacted in this meeting, the same shall be adjourned for transacting in the meeting in the next GBM.
    7. The President of the Association shall preside over the all Special General Body Meetings, and in his absence the Vice-President will preside over the meetings.
    8. No proxy or the holder of Power of Attorney or Letter of Authority shall be eligible to attend a General Body or Special General Body Meeting of the Association on behalf of the other Members.
    9. Every Member will have only one vote. In case of equality of votes, the Chairman of the meeting will have a casting vote.
    10. Unless otherwise specifically provided, all questions at General Body Meeting shall be decided by simple majority of those present and voting in the meeting.
    11. The Committee shall finalise the draft minutes of the Society, of every General Body and circulate the same for the information of the members within 3 months. The Members of the Association will forward their comments, observations etc. to the Secretary within 15 days from the receipt of draft minutes. After finalization of the draft Minutes of the General Body Meeting, the same shall be recorded in the Minutes book by the secretary.
  10. MANAGING COMMITTEE OF THE ASSOCIATION.

    Subject to the provision of the Act, the rules on the bye-laws of the Association, the final authority of the Association shall vest in the General Body Meeting.

    1. The management of the affairs of this Association shall vest in the Managing Committee duly constituted in accordance with the provisions of the Acts, Rules and Bye-laws of the Association.
    2. Subject to the direction given or regulation made by a meeting of the General Body of the Association, the Committee shall exercise all powers, expressly confirmed on it and discharge all functions entrusted to it.
    3. The Managing Committee will initially will be of 7 Members and may be extended to 15 nos. when the Association is expanded in its work. The Managing Committee will consists of
      1. President
      2. One Vice-President
      3. One Secretary
      4. One Treasurer
      5. Committee Members numbers based on decision taken by GB from time to time
    4. The Managing Committee will keep all records of the Association, as required by the Societies Act and Trust Acts and maintain all books accordingly.
    5. The Managing Committee may appoint such staff as Manager, office assistant or peon etc. etc. and also decide their emoluments and service conditions from time to time as per the needs of the Association.
    6. The Managing Committee may appoint eminent persons, as Patrons of the Association for endorsement of Aims and Objects.
    7. The Managing Committee may open the branches of the Association throughout India, provided such branches adopt this Memorandum of Association, Rules, Regulations and Bye-laws. Such branches will issue them direction and guidelines.
    8. The Managing Committee may publish Journals, Books, Pamphlets or any other publications in furtherance of its aim and objects. For this purpose, the Association may depute a committee of 3 or 5 persons to give due attention for publication work and other work incidental to it.
    9. The Managing Committee may, if it considers it necessary, to appoint an Auditor to audit the Accounts of the Association at the Annual Meeting of the General Body and fix his remuneration.

    The Secretary of the Association shall arrange production of records for the purpose of Auditing in the office of the Association or where the records are normally kept and action on Audit Report or Audit Rectification Reports shall be taken as provided in the rules.
    The books of Accounts, Registers and other books incidental to the working of the Association will be maintained by the Association.

  11. TENURE OF THE MANAGING COMMITTEE:-
    1. The election of the Managing Committee will be held once in 3 years. The retiring Members of the Committee will be eligible for re-election.
    2. The period of the Managing Committee elected in the Annual General Body Meeting shall be 3 years.
    3. The Promoters/Founders Members, in its first meeting shall elect a President, one Vice-president, one Secretary, one Organizing Secretary, one Treasurer and two Members from amongst themselves.
    4. After the expiry of the first 3 years from the date of 1st election. Elections will be held for separate post such as President, Vice-president, Secretary, Organizing Secretary, Treasurer etc. Members of the Association will vote for the individual office post in the election, which can be held during General Body Meeting or before General Body Meeting as may be convenient to the Association.
    5. Half the managing committee shall be elected in a subsequent year, to provide continuity. Agreed that Secretary and Treasurer will serve for 4 years this one term.
  12. OFFICE BEARERS AND THEIR DUTIES
    1. PRESIDENT

      The president will preside over the Managing Committee meeting, Annual General Body Meeting, Special General Body Meeting. He will guide the activities of the Association and further aims and objects of the association. The President may allocate all or any of the powers and duties under this provision to either Vice-President to the Secretary.

    2. VICE-PRESIDENT

      The Vice-President will preside over the meeting in the absence of the President. He will act according to the duties assigned by the President and help the President actively to further aims and objects of the Association.

    3. SECRETARY

      Subject to the control and regulations of the Managing Committee, the Secretary shall be responsible for carrying out the directions and decisions of the Managing Committee.
      The Secretary shall convene the meetings of the Managing Committee, whenever necessary or call for to do so. He will have a administrative control over all the affairs of the Association. He will keep accurate minutes of all the meetings of the committee and will prepare Annual Report of the Association. He will also be In-charge of the furniture, Library and all documents as well as assets of the Association. He will perform such duties as are necessary and incidental to the office.

    4. TRESURER

      The Treasurer shall maintain both accounts of the funds and other assets of the Association and in any way shall be controlled by the Association.

  13. MEETING OF THE MANAGING COMMITTEE:-
    1. The managing Committee may hold its meeting twice a year. It may hold its meeting, as and when required due to any exigencies of the work.
    2. The president may call urgent meeting of the Managing Committee and for this purpose, the Secretary will issue at least 3 days notice to the Managing Committee, giving details of agenda, date, place & time of the Meeting etc.
    3. In normal course, Secretary will issue notice for the half yearly meetings of the Managing Committee.
    4. Whenever, it shall appear to the Managing Committee of the Association registered under this Act, which has been established for any particular purpose or purposes, that, it is  advisable to alter, extend or abridge such purpose to or for other purpose within the meaning the Act, or to amalgamate such Association wholly or partially with any other Association, such Managing Committee may submit proposal to the members of the Association in a written or printed report and may convene a Special Meeting for consideration thereof according to the regulation of the Association by giving ten day notice to the members.
    5. The records of the Association will be kept in the premises of the Association under the control of the Secretary.
  14. NOTICE FOR MANAGING COMMITTEE MEETING AND QUORUM:-
    1. The Secretary will issue clear 14 days notice to the Managing committee Members, informing them about the Agenda, Date, Time and Place for the Meeting.
    2. The quorum for Managing Committee Meeting will be 4 nos.
    3. The Managing Committee is empowered to co-opt a member in the Managing Committee if the strength of the Managing Committee fall below 7 nos.
  15. ELECTION RULES FOR MANAGING COMMITTEE:-
    1. These rules shall come into force from the date of approval by the Registering Authority.
    2. Every Managing Committee of the Association shall hold elections before expiry of its terms.
    3. For conducting of elections, the Managing Committee will appoint a Returning Officer, who is not contesting election and who is not a proposer or seconder to any candidate standing for election.
    4. The returning Officer will draw and declare the programme to all Members, prescribing the forms, date of filing the forms, date of withdrawal of form and final day, time and place of election.
    5. The voting of the election shall be by secret ballot. The ballot paper will bear the seal of the Society and the counter foil of the same will be initiated by the Returning Officer.
    6. The Returning Officer will furnish the result of the election to the President of the Association for being declared in the General Body Meeting of the Association.
    7. The voting of the election will be by secret ballot. The ballot boxes will be sealed in the presence of the candidates. The counting of votes will be done immediately after the polling is over and the votes will be counted and declared.
    8. Any aggrieved member may launch his complaints to the Returning Officer, who will give his decision. The decision of the Returning Officer will be final.
  16. FILLING OF VACANT POSTS IN THE MANAGING COMMITTEE:-
    1. The vacancy in the Managing Committee can be filled by option. The Managing Committee is authorized to co-opt any Member in the Managing Committee to fill up the vacancy.
    2. The duration of such co-opted member will be co-terminus with the tenure period of the Managing Committee.
  17. RIGHT& DUTIES OF THE MANAGING COMMITTEE:-
    1. The Managing Committee of the Association shall have the following powers, to carry out the functions of the Association.
    2. To acquire by purchase, lease or otherwise for the Association any property, rights, privileges, which the Association is authorized to acquire at such price terms and conditions as it thinks fit.
    3. To enter into all such negotiations conduct and receive and execute and do all such acts, deed and things in the name and on behalf of the Association as they consider expedients, for, or in relation to any proportions, rights and privileges.
    4. To institute, conducts, defend, compound or abandon any legal proceedings by or against the Association, or otherwise concerning the affairs of the Association.
    5. To make and give receipts, release and otherwise discharge the money payable to the Association and to incur all necessary expense for maintenance and carrying about the objects and intentions of the intentions of the Memorandum of the Association.
    6. To receive Donations and any other sum of money and all and any other material, article and things due or intended for Association.
    7. To apply for income-tax exemptions Certificate to be issued to the Donors and also a PAN card for Association for dealing in the financial matters.
  18. FUNDS & ESTATES:-
    1. The funds of the association may be raised by :-
      1. Subscription, contribution and fees of the Member.
      2. Deposits received from Members.
      3. Donations received from Members as well as from public.
      4. Income derived from charitable shows, sale of Books, and other educational programmes, seminar etc.
    2. The Funds of the Association may be used for the furtherance of the aims and objects of the Association, or for any other charitable work as deemed fit by the General Body.
    3. The registration of the Association, shall render in a body corporate by the name under which it is registered, with perpetual succession and a common seal with power to acquire, hold and dispose off the property, to enter into contract and other legal proceedings and do all such things as are necessary for the purpose for which it is contributed. The common seal of the Association will be under the custody of the Secretary of the Association.
  19. PROVISION FOR EXPENDITURE:-

    The provision for expenditure, as per aims of objects of the Association, will be decided by the Managing Committee, as per availability of funds of the same will be put up before General Body for necessary approval.

  20. LOANS AND DEPOSITS:-

    The decision regarding raising of a loan or taking deposits from members or public for the cause of the Association, can be taken in the Annual General Body Meeting.

  21. PURCHASE & DIPOSAL OF IMMOVABLE PROPERTY:-
    1. The Managing Committee shall in consultation with resolutions passed in the General Body take necessary step for conveyance of the land/ building/ immovable property in favour of the Association. The Managing Committee shall examine, in consultation with the Authors/ solicitor/ Advocate, the legal documents and keep the same before the General Body for approval and necessary action.
    2. The property of the Association, will vest in the Managing Committee, who will act as its trustee, and in all proceedings civil and criminal, the same will be described as property title of the Association.
    3. After registration of the Association, under the Registration Act 1860, the Association may sue or can be sued in the name of the Secretary or any other officer of the Association, appointed or nominated by the Managing Committee.
    4. No suit or proceeding in any civil court shall abate or discontinue by reason of the person, by or against whom such suit or proceedings shall have been brought or continued, dying or ceasing to fill the character in the name whereof he shall sued or been sued, but the same suit or proceedings shall be continued in the name of or against the successor or such person.
    5. If a judgment shall be recovered against a person or officer on behalf property, movable or immovable, or against the body of such person or officer, but against the property of the Society.
    6. Any member who may be in arrear of a subscription which, according to the rules of the Society, he is bound to pay, or who shall possess himself of or detain any property of the society in a manner or for a time contrary to such rules or shall injure or destroy any property of the society, may be sued for such arrear or for the damage occurring from such detention, injury or destruction of property in a manner herein above provided.
    7. Any member of the Association, who shall steal damage or embezzle any money or other property or willfully and maliciously destroy or injure any property of the Association or shall forge any deed, bond, security of money receipts or other instruments, whereby the funds of the Society may be exposed to loss, shall be subjected to the same prosecution and if convicted shall be liable to be punished in the like manner, as any person not a member would be subjected and liable to in respect like offence.
  22. BANK ACCOUNT:-
    1. That the Bank account of the Association, may be opened in any bankand the same may be operated by any two office-bearers of the Association.
    2. The bank account will be opened in the name of the office bearers i.e. President, Secretary & Treasurer.
    3. The Association may utilize the funds, deposited in the bank, for which it has been incorporated and registered.
    4. The banking account shall be operated upon and all acquisition and discharges shall be processed as mentioned in the rules.
  23. LIST OF MEMBERS – SYSTEM:-
    1. A person desirous of being member of this Association will have to fill up a membership form approved by the Managing Committee. On receipt of the form, the Committee will scrutinize the same and take decision as to whether the person is to be admitted as a member. Such membership form will be kept in a file.
    2. On approval of the membership, the Committee will collect the membership fee from the persons. For this purpose, that person will be given a cash receipt from the book. The Duplicate of cash receipt will be in the book.
    3. As regards, life members, the procedure will be same, but their names will be registered in a separate Register “Called life-member Register”and will also be shown online
    4. The Secretary will, in his report, place before the General Body Meeting, the name of the new members for information of all the members.
    5. The Secretary register will be maintained for the members, who have died or resigned, removed from membership for whatever reason by the General Body or under any civil or criminal law process. The Secretary will also mention their names in his reports to be submitted to the General Body for information of all members.
    6. If the General Body desires, member who have become “Life-Member” can be issued with a Certificate of Life-Membership. However, there will not be any difference between a Member and a Life-Member in their duties, obligations and rights towards the Association.
    7. A list sharing the eligible members for participating and voting in the General Body Meeting will be prepared by the Secretary and circulated to all members for their information and action. No other member will be allowed to participate and vote in General Body / Special General Body Meeting.
    8. The President of the General Body Meeting or Special General Body Meeting will have a casting vote in case of tie.
  24. CHANGES IN BYE-LAWS:-
    1. That the Association, herein mentioned above may amend, alter, modify or change the Bye-laws in its Annual General Body Meeting or in a Special General Body Meeting, by simple majority of members present in the Annual General Body Meeting or Special General Body Meeting by passing and adopting a suitable resolutions.
    2. Subject to the law for time being in force the General Body Meeting will have power to add, to vary to repeat any other provisions continued in the rules, pertaining to the immovable property only, provided that such additions, variations or repeat in efficient by means of a resolution with due notice has been given and resolution will be passed by the votes of at least 66 % of the members present and voting in the meetings.
    3. While altering, extending or abridging the purpose of Society and preparing a Bye-law, the General Body will keep in mind the provisions of Rule No. 12 & 13 of the Societies Registration Act 1860.
    4. Changes in Bye-Laws, passed in the General Body Meeting will be advised to the Registrar/Asst. registrar for information and necessary action.
  25. CHANGE IN THE NAME OF THE ASSOCIATION:-
    1. The Managing Committee will first give due attention for change of the name, aim & object of the Association and will prepare a report for doing so with detailed reasons. A resolution will be passed in the Managing Committee Members.
    2. The resolution will be placed before the Annual General Body Meetingas an items on the Agenda, for details discussion in the Annual General Body Meeting.
    3. The Annual General Body will pass a resolution, on this issues, with 2/3 majority of the Members present and voting for or against the proposal.
    4. The decisions taken in General Body Meeting by passing/ approving/ adopting the resolution will be advised to the Asst. Registrar/ registrar for information and necessary action.
    5. Further actions will be taken by the Association or receipt of directions from Asst. Registrar / Registrar office in this connection.
  26. DISSOLUTION:-
    1. The General Body being supreme, the same will be taking decisions, in the Annual General Body Meeting or Special General Body Meeting, passed by a resolution of 70% of the vote the members on the Roll of the Association.
    2. Any number of members of the Association may determine that it shall be dissolved and pass resolution to that effects, in General Body Meeting with 60% majority and thereupon, it shall be dissolved forthwith or at the time then agreed upon, and all necessary steps shall be taken for the disposal and settlement of the property of the Association, its claim and liabilities , according to the rules of this Association applicable thereto, if Association, the adjustments of its affairs shall be referred to the Principal court of Original Civil jurisdiction of the districts in which the registered office of the Association is situated and the Court shall make such order in the matter, as it shall deem requisite.
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