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CONSTITUTION

RULES AND REGULATIONS

1) INTERPRETATIONS :
  • OBESITY SURGERY SOCIETY : -
    Means the Obesity Society, whose name appears in the Memorandum of Association, and is registered under the provisions of the Societies Registration Act, 1860.
  • Objects : -
    Those occurring in clause No. (4) of the Memorandum of Association.
  • Members : -
    Means those who have been accepted as member by the Society and whose name duly appears on the membership register of the society.
  • Managing Committee : -
    It means the Board of Trustees/Executive Committee or Governing Council or Council in which the powers of management of the Society have been vested.

2) JURISDICTION : - Will be all over Maharashtra

3) MEMBER OF THE SOCIETY IS A PERSON WHO :

  • Who is a Surgeon practicing in the field of Obesity and having interest in the objects of the Society and has given an application in writing for membership, shall be eligible to become a member of the society on his/her paying the requisite subscription.
  • Who has accepted in writing the Rules and Regulations of this Society.
  • Whose name has been approved and finalized by the Managing Committee, and who has the right to vote at the meeting of the Society.
  • The Society reserves the right to make and enroll new members. The membership application can be rejected by the managing committee without giving any reason whatsoever
4) TYPES OF MEMBERS :
  • FOUNDER MEMBER:
    Founder member is a person who is a Surgeon and practicing in Obesity Surgery, who is a signatory to the Memorandum of Association, and Rules and Regulations and whose contribution to the permanent funds of the Society amount to Rs.5000/= (Entry fee) and Rs.10000/= as yearly fee. The Founder member is having voting rights.
  • FULL MEMBER:
    Full member is a person, who is a Surgeon and practicing Obesity Surgery, and whose contribution to the permanent funds of the society amount to Rs. Rs.5,000/- (Entry fee) and Rs. 1,500/- annually (without Obesity Journal) OR Rs.10,000/- annually (with Obesity Journal, optional), at the time of enrollment or as may be determined from time to time by the managing committee. The Full member is having voting rights.

    Members will have a reduced fee for registration at the Annual congress of OSSI & World Congress of IFSO. The Full member will have the membership of IFSO (International Federation of Surgery of obesity) for which the reduced amount dues of US $ 10 annually to IFSO will be paid by the Society. The member who will pay the annual fee with Obesity Journal will receive the Journal of "Obesity Surgery" monthly, for which the subsidized reduced fee will be paid by the Society on their behalf.
  • AFFILIATED MEMBER:
    Affiliated member is a person who is Surgeon interested in obesity surgery, Physician Medical or Para-Medical Professionals practicing in Obesity and non-surgical person i.e. Nutritionist, Endocrinologist, Radiologist, etc and whose contribution to the permanent funds of the society amount to Rs.2500/- (Entry fee) and Rs. 500/= as yearly fee.at the time of enrollment of membership. The Affiliated Member is not having voting rights. The Affiliated member will have a reduced fee for registration for the annual congress of OSSI.

5) CEASING OF MEMBERSHIP :

  • The managing committee shall have power to remove a member if he is found acting prejudicially to the interest, prestige and working of the society. However, sufficient opportunity shall be given to him to submit his explanation and if such explanation is not found satisfactory to the committee.
  • If a member resigns membership in writing and the resignation is so accepted by the managing committee.
  • If a member without intimated to the chairman of the society leaves India for more than 6 months or more, then his membership shall be deemed to have cancel.
  • If a member dose not pay his membership fee prior to 31st March of the year, his membership will be cancelled automatically.
  • If a member dies or becomes lunatic.
  • If a member is convicted of an offence involving moral turpitude.

6) WAY OF FILLING IN VACANCY IN MANAGING COMMITTEE:

If any vacancy occurs in the Managing Committee members on account of disqualification, or on account of vacancy due to death or resignation or if a member desires to be discharged or relieved from the membership, then the continuing or surviving members shall appoint a new member in the vacancy caused by majority, from amongst the members. The person so appointed in the vacancy created shall work only for the remaining term of vacancy.

 

7) AUTHORITIES OF SOCIETY :

The Following shall be the authorities of the society:

  1. The General Body.
  2. The Managing Committee.

8) GENERAL BODY :

  • The General Body shall consist of all Members.
  • The General Body shall normally meet once in a year or more often if required.
  • The meeting of the General Body shall be presided over by the President or in his absence a member so elected in the meeting.
  • 3/5th of the existing members on record shall form a quorum at a meeting of the General Body.
  • If at a duly convened meeting of the General Body, there is no quorum at the time announced for the meeting, the meeting shall be held after half an hour for which there is no necessity of the requisite quorum. However, the same Agenda will be considered at the adjourned meeting.
  • All matters placed before the General Body for which no higher majority or show of hands, or by ballot. If demanded by any ten or more members present. In case of equality of votes, the President of the meeting shall have a casting vote.
  • The secretary, on the instructions of the Managing Committee and in consultation with the president shall convene the meeting of the General Body with at least 14 days clear notice. The notice of the meeting shall contain a specific Agenda to be discussed at the meeting. The said notice shall be sent under ¡§Certificate of Posting¡¨ or by any other method as per the choice of the president to all members.
  • The General Body at its Annual General Meeting shall
    • Consider and approve the Annual Report of the Association as presented by the president.
    • Consider and adopt the audited statement of accounts for the previous year.
    • Consider the budget estimates of the Association for the following year.
    • Consider the resolution and amendments, referred to it by the Managing Committee or by the member of the Association.
    • Appoint Auditors of the ensuring year.
    • Transact such other business as may be brought forward with permission of the President.
    • Elect members of the Managing Committee after every 03 [Three] years except the Founder President who becomes a Honorary President after completion of tenure of three years. The said post of Honorary
    • President is a exclusive post only for the Founder President.

9) MANAGING COMMITTEE :

The management and control of the society shall be at present vested in a Managing Committee of five members. The number of Managing Committee shall be minimum Seven members, which can be further extended are re-eligible for contesting the election. The Managing Committee shall consist of the following office bearers.

1. President. 2. Vice President.
3. Secretary. 4. Treasurer. 5 Three Exec.Committee members.

 

10) `MANAGING COMMITTEE : (MEETING, NOTICE AND QUORAM)
  • The President shall preside at all the meetings of the Managing Committee. In his absence, the Vice-President shall preside over the meeting, and in absence of both, the Managing Committee shall elect/select one of its member to preside the meeting.
  • 3/5th members shall form a quorum at the meeting of the Managing Committee. If at a duly convened meeting of the Managing Committee, there be no quorum at the time announced for the meeting, the meeting shall be adjourned. The adjourned meeting shall be held after half an hour for which there is no necessity of the quorum. However, the same Agenda will be considered at the adjourned meeting.
  • All matters placed before the Managing Committee shall be decided by 3/5th majority of votes taken by show of hands. In case of equality of votes, the President of the meeting shall be entitled to a casting vote.
  • The Managing Committee shall meet once in every 06 [Six] months or more often as thought fit and proper.
  • Notice of Managing Committee meeting shall be sent 03 [Three] clear days in advance before the meeting by ordinary post or by any other method to be decided by the Managing Committee.
11) POWERS OF MANAGING COMMITTEE :
  • To frame regulation consistent with this constitution for:-
    • The conduct of its business and,
    • The conduct of its meeting and,
    • To manage the affairs of the Society.
  • To solicit, obtain and/or accept subscriptions, donations, grants, gifts, devices, bequest and trusts from any person, firm, corporation or institutions or a likewise body.
  • To hold movable and immovable properties of the Society and to administer its funds.
  • To consider and recommend for adoption by the General Body the annual budgetary provisions for the ensuing year of the Society.
  • To prepare the draft of the annual reports and financial statement of the Society, and recommend the same to the General Body for their sanctions, and to arrange for its circulation among the members.
  • To consider and sanction proposals for extra expenditure.
  • To construct, maintain, extend, improve, repair, alter, enlarge, and modify, any house buildings or such type of work necessary or convenient for the purpose of the Society.
  • To enter into, vary, carry or cancel contracts on behalf of the Society.
  • To take steps with a view to preventing a member or any other employee from doing anything or acting in any manner or performing any act of commission or omission detrimental to the interest of the Society.
  • To fill vacancies in the Managing Committee caused by death, resignation, or absence without leave of a member or members for three consecutive meetings. But failure to fill in such vacancy or vacancies shall not during the interval vitiate the proceedings and affairs of the Managing Committee which shall be discharged by the remaining members of the Managing Committee.
  • To consider and if thought fit, sanction proposals for the appointment of needs of institutions, and members of establishments in each institutions.
  • To appoint, confirm, promote or terminate the services of any employee working in the institute and its branches.
  • To fix the salaries and allowances to be paid or made to the employees of the Society and in its various institutions.
  • To appoint a Committee, if required, by the name advisory body for the said Society, if deemed necessary and to fix its tenure. To dissolve/change the members thereof if circumstances so warrant.
  • To amalgamate with any other Society, institution or Association having similar or in part similar objectives of the society.
  • If a Managing Committee member fails to attend 03 [Three] consecutive meetings of the Managing Committee without any concrete reason, he shall be removed from the Managing Committee.
  • Provided however that nothing contained herein shall prevent the Managing Committee from reimbursing themselves out of the Society such funds, and all bonafide expenses incurred by them jointly or severally in or about the execution of the Society purposes.
  • Generally to do all such acts and things as may be necessary or desirable in the interest of the Society whether they are expressly provided in the rules or not.
12) PROVISION FOR LOAN AND INVESTMENT :
  • To raise loans, if necessary, on the security of the movable or the immovable properties of the Association by taking necessary permission of the Hon¡¦ble Joint Charity Commissioner, U/s 36A(3) of the B. P. T. Act.
  • To open, invest and operate all accounts of any description with any Nationalized or Co-operative bank and to invest and deal with any money of the Association not immediately required for any of its objects under section 35 of the Bombay Public Trust Act, 1950.
13) PROVISION FOR PURCHASE AND SELL OF IMMOVABLE PROPERTY :

  • To acquire by gift, purchase, exchange, lease, hire or otherwise any lands, buildings, assets, rights of any property, movable and/or immovable and any estate or interest for the Society.
  • To purchase, take on lease or otherwise acquire or to give its property on lease or hire as may be deemed necessary of convenient.
  • To sell, dispose off any property or any part thereof as may be considered necessary or convenient in the best interest of the Society with prior permission of the Hon¡¦ble Joint Charity Commissioner, U/s 36(1) of the B. P. T. Act, 1950.
14) DUTIES OF THE OFFICE BEARERS :
  • PRESIDENT : -
    • To preside over and conduct the General Body meetings, and the meetings of the Managing Committee.
    • To convene the all meetings of the Managing Committee and the General Body as provided in the rules.
    • To decide all matters/issues by majority of votes.
    • To take such action or to suggest such proposal which he deems fit and proper in the interest of the Society.
    • The right to call any meeting.
    • To do all acts in order to promote the general welfare of the Society.
    • To keep control over the staff of the Society.
    • The chairman shall have a casting vote in case of a tie.
  • VICE PRESIDENT : -
    • To perform the duties of the President in his absence.
    • To assist President in all matters.
  • SECRETARY : -
    • To convene all meetings of the Managing Committee and the General Body as provided in the rules.
    • To write, and properly record the minutes of the meetings.
    • To carry on correspondence for the Managing Committee and General Body in consultation with the president.
    • To arrange and keep the records of the Society up to date.
    • To keep and maintain the list of the properties of the Society.
    • To maintain the general registers of the member of the Society.
    • To implement the regulation of the General Body and the Managing Committee.
    • To correspond on behalf of the Society and represent the Society.
    • To represent the Society in all legal matters by or against the Society and to execute legal documents for the Society, in consultation with the Managing Committee.
    • To perform and to do all the duties in the interest of the Society as assigned to him by the General Body and the Managing Committee of the Society.
  • TREAURER : -
    • He will be responsible for all the sums of money which are from time to time received by the Society.
    • To see and maintain accounts of the society and its institutions.
    • To get the accounts of the society audited, and present the statement of accounts in the Annual General Body.
    • To present the budget to the Managing Committee, for the consideration and sanction.
15) EXTRA ORDINARY / REQUISITION MEETING OF GENERAL BODY :

Such meeting shall be held at the requisition at least of the 1/5th of the total no. of members on roll provided that the request is made in writing to the President stating that business proposed to be discussed. No other business shall be discussed at the Extra-ordinary meeting than the specific purpose for which the meeting is being called.

Decision shall be taken by a simple majority. The President shall have a casting vote in case of a tie. The quorum for the transaction of business shall be 3/5th members. In the event of quorum not being present within half an hour, at such adjourned meeting, the rule of quorum shall not apply.

 

16) VOTING RIGHTS :

Every member will have the right for one vote to be exercised at the General Body meeting. All decisions will be arrived at in the General Body meeting by a majority vote. In the event of a tie, the presiding person i.e. the President shall have the power of deciding the issue by a casting vote. Members who are in arrears of their annual subscription will not be entitled to: -

  • Vote at the Annual General Body Meeting.
  • Stand for the election of the Managing Committee.
  • Propose, second or cast votes in the election.
17) FUNDS :

The funds of the Society shall consist of subscriptions, and donations and such other funds received form whatever source, and the same shall be deposited in any Nationalized, Scheduled or Co-operative bank or public securities approved by the Managing Committee.

The income, money and properties of the Society, in whatsoever manner derived, shall be applied solely towards the maintenance, upkeep and improvement of the institution and properties of the Society and for the promotion of all or any of the objectives specified above and no portion thereof shall be paid or transferred directly or indirectly by way of profit to the members of the Society, PROVIDED and howsoever that nothing herein shall prevent in good faith remuneration to any member in return for any service rendered to the Society.

The Society may establish general, special or capital funds for furtherance of the aims and objectives of the Society and the money shall be deposited in Nationalized, Scheduled and/or Co-operative banks or Public securities.

 

18) ACCOUNTING YEAR :

The accounting year of the society shall be from 1st of April to 31st March each year.

 

19) BANK ACCOUNT :

The Bank Accounts shall be in the name of the society and shall be operated by any two out of the following viz. the president, secretary and treasurer. However the signature of president is compulsory.

 

20) CHANGE AMENDMENT IN THE NAME AND OBJECT :

To alter, extend, amend or change the name, and/or the objectives of the society. However, provisions of sections 12 and 12A of the Societies Registration Act., 1860, shall be complied with.

 

21) CHANGE IN RULES AND REGULATIONS :

Any change to be done in the Rules and Regulations will be done by calling special General Body meeting and 3/5th of the total number of members should be present for the said meeting and the said change should be accepted in the said meeting by majority. A copy of proposed change(s) in Rules and Regulations shall be sent along with Notice to the members will in advance.

 

22) LIST OF MEMBERS :

The list of persons who are members within the meaning of section 15 of the societies registration act, 1860, shall be maintained in the form of schedule VI of the Societies Registration (Maharashtra) Rules, 1971, vide Rules 15 thereof.

 

23) INDEMNITY :
  • The office bearers and the members of the Society shall be indemnified in respect of acts done by them for the society in good faith, and no office bearer or member of the Society shall be liable for such act done by any other office bearer, or member of the society.
  • No act or proceedings of the society shall be deemed to be invalid by a reason merely of any vacancy in and/or defect or deficiency in the construction of Memorandum of Association of the Society / rules and regulations thereof as the case may be.

24) SEAL :

There shall be a common seal of the society which shall be affixed at the discretions of Managing Committee to such deeds, contracts, agreements, and official letters, documents or statements of whatever nature where require the sanction of the Managing Committee.

 

25) PROVISION FOR EXPENSES TO BE INCURRED ON OBJECTS :

If any amount is collected for some specific object, the said amount can be 100% spent for that object. Alternatively, such amounts can be spent on other objects as approved and decided by the Managing Committee from time to time.

 

26) DISSOLUTION :

If for any reasons it is decided to dissolve the Society, the provision of sec. 13 and 14 of the societies registration act. 1860, shall be compelled with.

 

CERTIFICATE :

Certified that this is the true and correct copy of the Rules and Regulation adopted by OBESITY SURGERY SOCIETY OF INDIA to the best of our knowledge and belief.

PRESIDENT SECRETARY TREASURER

 


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