Part 2: Rules and Bye-laws

ASSOCIATION OF RADIATION ONCOLOGISTS OF INDIA
TAMILNADU & PUDUCHERRY CHAPTER BYE LAWS

RULES AND BYE-LAWS

Definitions and Abbreviations

Unless otherwise in the succeeding paragraphs:

  • Association means Association of Radiation Oncologist of India - Tamil Nadu & Puducherry Chapter Bye Laws.
  • HQ means the "Head Quarters" of the Association at Chennai.
  • AROICON TN &PY means the Annual Conference of the Association of Radiation Oncologist of India - Tamilnadu & Puducherry Chapter.
  • Executive Committee means the Executive Committee of the Association of Radiation Oncologists of India - Tamilnadu & Puducherry Chapter.
  • Organizing Secretary means the "Organizing Secretary of the Annual Conference of the Association of Radiation Oncologists of India - Tamilnadu & Puducherry Chapter."
  • GBM means the "General Body Meeting" of the Association of Radiation Oncologists of India Tamilnadu & Puducherry Chapter.
  • CORE-means Clinical Oncology & Radiotherapy education, the academic wing of AROI-TNPY Chapter.
  • Website-means AROI- State body's Tamilnadu Puducherry's Chapter aroitnpy.org.
  • aroitnpy@gmail is the official email of the AROI TN & PY Chapter.
  • GBM_ General Body meeting of the organization under the chair of the secretary AROI TN & PY chapter & President AROITN&PY chapter.

1. MEMBERSHIP

The membership of the Association shall be of four categories, viz.

  • Life Members
  • Life Members Student
  • Associate Member
  • Trade Member

1.2 Eligibility Criteria for Various Categories of Membership

2.2.1 LIFE MEMBERS: Life Member shall be one who possesses a post-graduate degree such as MD/DNB Radiotherapy or equivalent or MSc Medical Physics or BSc Physics with DRP from University or Institution recognized by the Medical Council of India and /or approved by the Executive Committee and who has paid the requisite fees including admission fees and is duly accepted by the Association as a life member.

2.2.2 LIFE MEMBER (STUDENT): All Postgraduate students pursuing MD/DNB Radiotherapy from recognized university/institution are eligible to become Life Member (Student); however, they shall have voting rights only on completion of their postgraduate degree. They will pay the full membership as well as admission fees.

2.2.3 ASSOCIATE MEMBERS: Post –Graduate degree/diploma holders of subjects like radiobiology, radiation medicine, and radiation protection as accepted by the Association. They will pay the requisite fees including admission fees.

2.2.4 TRADE MEMBER: Members with at least 3 years standing in trade as accepted by the Association. They will also pay requisite membership fees as well as admission fees.

2.3 Membership Procedure

2.3.1 The membership application shall be in a form approved by the Executive Committee and shall require be duly proposing and seconding by existing valid life members. The application shall be accompanied by documentary evidence of eligibility, qualification and prescribed fees along with admission fees.

2.3.2 The Executive Committee will be the final authority for acceptance of membership of the applicant. The executive Committee will accept resignation of members and shall also decide the cessation of membership for any reason.

2.4 MEMBERSHIP FEES: Will be decided by the General Body presently Rupees Thousand Five Hundred Only.

2.5 RESIGNATION: A member wishing to resign his/her membership shall communicate the same to the Secretary in writing. Life membership and admission fees shall not be refunded, and the name of such member shall be removed from the Membership Register.

2.6 Cessation of Membership

The Executive Committee by a three-fourth (3/4) majority of members present in the meeting may remove the name of any member from the Membership Register for gross misconduct after sending him/her a notice by registered post and giving him/her a proper opportunity to defend himself/herself including a hearing in person. Such action of the Executive Committee shall be subject to ratification by 2/3rd members present at the General Body Meeting of the Association.

2.7 Privileges of Members

2.7.1 Subject to the provision of these rules and byelaws, all Life Members, Associate Members and Life Members (Student) shall be entitled to participate in all activities of the Association.

2.7.2 Only Life Members shall have the right to vote.

2.7.3 All Life Members Shall Have the Privilege of registration for the Annual Conference at a concessional rate, awards, and official assignments from the Association.

3. EXECUTIVE COMMITTEE

The Executive Committee shall comprise of the following:

3.1.1 President

3.1.2 Secretary

3.1.3 Joint Secretary

3.1.4 Joint Secretary

3.1.5 Treasurer

3.1.6 Executive Members

3.2.1 Tenure

The term of the entire team of AROI office bearers, Core members is for 2 years.

The Secretary & President of the AROI TN & PY Chapter are elected.

All the other posts are nominated by the Secretary & President.

3.3 Election and Election Procedure

3.3.1 Election for the post of President shall be held every 2 year.

3.3.2 Elections for the post of Secretary shall be held every two years.

3.3.3 The Annual General Body Meeting shall nominate/elect on the floor of the house during the Annual General Body Meeting a Chief Election Commissioner who shall be entrusted with the task of carrying out the elections.

3.3.4 All election related matters and issues shall be decided by the Election Commission and the decision of the Election Commission shall be final and binding on all members.

3.3.5 The nomination paper shall set out the candidate's name and address, LM Number and the office for which the candidate is nominated and shall be duly proposed by one valid Life Member of AROI. Seconded by another valid Life Member of AROI. And duly signed by the candidate signifying his /her willingness to stand for election, serve in the Executive Committee and abide by the decisions of the Election Commission, each nomination form shall be accompanied by the requisite Election fees as decided by the Executive Committee and Election Commission.

3.3.6 Nomination papers shall also be accompanied by a bio-data of the candidate which shall be uploaded to the website.

3.3.7 All nominations received shall be uploaded to the website as per program, as shall withdrawal and the final list of candidates for the elections, as per program prescribed and notified.

3.3.8 In the event of an election being necessary, voting lines shall be open for at least 10 days and not more than 15 days, as per notification.

3.3.9 On completion of voting the Chief Election Commission shall arrange to do the counting electronically and communicate the results to Secretary, who shall declare the results as received from the Chief Election Commissioner at least clear 7 days before the Annual General Body Meeting of the Association.

3.3.10 New Office Bearers shall take office from the Inauguration of the Annual Conference of the Association.

3.3.11 Unfilled posts shall be filled up by the general Body and will be conducted by the President, and President Elect Secretary. Nominations for the unfilled posts shall be invited from the floor and will be decided by the General Body. In the event of an election, voting shall take place on the floor of the house.

3.3.12 Nomination of the Treasurer shall be done in the Annual General Body Meeting by the Secretary.

4. ORDER OF PRECEDENCE AND PROTOCOL

  • President
  • Secretary
  • Treasurer
  • Joint Secretary – President Nominee
  • Joint Secretary – Secretary Nominee

5. MEETINGS

5.1 General Body

5.1.1 The President shall preside over all the meetings of the General Body. If the President is not present, then the Secretary, the order of precedence shall be followed, and the senior-most functionary in the order of precedence shall preside.

5.1.2 The quorum shall be 1/3 members. If the quorum is incomplete, then the house be adjourned and reassemble after 15 minutes, and the meeting shall be held with the members present.

5.1.3 Annual General Body Meeting :The Annual General Meeting of shall be held not later than 30th September of every year. The business to be transacted in the Annual General Meeting shall be the following:

A. Ordinary Business

  • to receive and adopt the annual report;
  • to consider the audited statement of accounts;
  • to approve budget;
  • to elect members of the Executive Committee mentioned in Bye-Law;
  • to appoint Auditor and fix their remuneration;

B. Special Business:

Specific subjects included in the Agenda of the Executive Committee;

Specific subjects for which notice has been given in writing, specifying the subject, at least fourteen days before the date of the meeting, signed by a proposer and seconder, who are the members entitled to vote at the meeting;

  • All businesses transacted in an extraordinary General meeting are special businesses;
  • Any Proposal for the appointment of a new auditor in the place of or in addition to the retiring auditor shall not be considered unless a notice in writing proposing his name duly signed by a proposer and seconder who are the members entitled to vote at the meeting and the consent of the new auditor in writing, are given at least fourteen clear days before the date of the meeting.
  • The Executive committee may, on its own motion and shall, at the request of not less than 1/3rd members, convene an extraordinary General meeting for considering specific subject;
  • The notice of the General Meeting shall be given to the Members at least 21 days before the day appointed for such meeting.
  • The notice shall be sent to the member by one or more of the following modes, namely:

• by Local Delivery;

• by Post;

• by Electronic Mode like Email, etc.

• by Circulation of members

• by Publication through press

  • Any inadvertent omission to send a notice or non-receipt of such notice by any member shall not invalidate any resolution passed or proceedings held at the meeting;
  • The president shall preside over all the meetings. In his absence the vice president and in his absence, the chairman elected by those present shall preside;
  • The quorum of the all the meetings of the General body shall be 1/3 of members.
  • In case there is no quorum for a duly notified meeting of the General Body, the meeting shall stand adjourned to the same hour, same day and same place in the next week and members present shall form the quorum for such an adjourned meeting;
  • All questions submitted to a meeting shall be decided by a show of hands and in case of equality of votes, the chairman shall have a casting vote;
  • The chairman of the meeting may with the consent of a majority in number of the members present adjourn any meeting from time to time and from place to place, but no business shall be transacted at any adjourning meeting, other than the business left unfinished at the meeting, from which the adjournment took place;

5.1.4. The minutes of the Executive committee meeting shall be presented to the general meeting following which the action taken Report shall be presented.

5.1.5. The minutes of the Executive Committee Meeting shall be presented to the General Body and discussion on the minutes of the Executive Committee shall be discussed.

5.1.6. The audited statement of accounts of the Association, shall be presented to the General Body and ratified.

5.1.7. The budgets of the Association shall be presented and ratified.

5.1.8. Appointment of Auditors and Legal Consultant presented to the General Body for ratification.

5.1.9. Acceptance of Membership to the Association for the newly enrolled members in the past year.

5.1.10. Declaration of Results of the Elections by the Chief Election Commissioner.

5.1.11. Nomination of Treasurer, Joint Secretary (President Nominee) and Joint Secretary (Secretary Nominee).

5.1.12. Nomination of new Chief Election Commissioner for next year and announcement of the two other Elections Commissioners.

5.1.13. Any other matter with the permission of the Chair.

5.2.1. First General Body Meeting: On completion of the Annual General Body Meetings, the First General Body Meeting shall be convened with the new President (Previously President elect) in the Chair.

5.2.2. The minute of the Annual Body Meeting will be confirmed by the General Body.

5.2.3. The President may, whenever he/she thinks fit upon requisition made in writing and signed by not less than 250 life members of the Association, shall convene a Requisitioned General Body Meeting, at such place he/she decides. The requisition must state clearly the reason for calling the Requisition General Body Meeting and the request for the Requisitioned General Body Meeting must be addressed to the President.

6. Management

6.1 The management of the Association shall be vested in the Executive Committee, who in addition to the powers by the Rules expressly conferred upon them, may exercise all such powers, and do all such acts and things, as may be exercised or done by the Association, but which are not hereby or Law Expressly directed or required to be exercised or done by the association.

6.2 Without prejudice to to the General Powers hereby conferred, the Executive Committee shall have the following powers:

6.2.1 To acquire for the Association by purchase, lease or otherwise, any property, rights or privileges which the association is entitled to affairs of the Association and to compound and allow time for they may think fit.

6.2.2 To enter into all such negotiation and contracts or rescind and vary them, and execute and do all such acts, deeds and things, in the name and on behalf of the Association, as they may consider expedient for or pertaining to any of the properties, rights and privileges for the purposes of the Association.

6.2.3 To borrow or secure the payment of any sum of money for the purposes of the Association.

6.2.4 To institute, conduct, defend, compound or abandon any legal proceedings by or against the Association or otherwise concerning the affairs of the Association and to compound and allow time for payment or satisfaction of any debts due and of any claims or demands by or against the Association.

6.2.5 To refer any claim or demands by or against the Association to arbitration and to observe and implement such awards.

6.2.6 To make and give receipts, release and other discharges for money payable to the Association and for the claims and demands of the Association.

6.2.7 To receive donation and any other sum of money and all and any other material, articles, and things due to or intended for the Association.

6.2.8 To incur all necessary expenses for the maintenance and carrying out the objectives and the intention of these Rules and Memorandum of the Association.

6.2.9 To appoint one or more persons, whether member or otherwise to constitute a Board or Committee, wherever and whenever necessary; as well as rescind, remove or dissolve any such member, board or committee.

6.2.10 To make, vary and repeal bye –laws pertaining to the regulation of the business of the Association.

7. Property, Money and Accounts

7.1 The property, moveable or immovable belonging to the Association shall vest in the Executive Committee. No sale, exchange, mortgage, lease or other transaction of immovable property belonging to the Association shall be valid unless the President and Secretary execute the document concerned.

7.2 Accounts and other investments of the Association shall be operated by any two persons out of the following three viz. Treasurer, and President or Secretary.

8. Duties of Office Bearers

8.1 All office bearers of the Association are honorary position.

8.2 President shall preside over the General Body, Executive Committee, and all other official meetings and functions of the Association. The president shall guide the activities of the association and its aims and objectives. The President may allocate all or any of the powers and duties under this or any necessary for the discharge of his/her duties.

8.3 Secretary Subject to the control and regulation of the Executive Committee, the Secretary shall be responsible for carrying out the directions and decisions of the Executive Committee. In particulars, the Secretary shall:

8.3.1 Convene meeting of the Executive Committee whenever necessary or called upon to do so.

8.3.2 Have administrative control over all the affairs of the Association.

8.3.3 Prepare the Annual Report of the Association.

8.3.4 Be in charge of all the assets of the Association.

8.3.5 Collect all dues of the Association and deposit such amounts into the bank account directly or through Treasurer.

8.3.6 Make disbursements and maintain vouchers.

8.3.7 Perform such duties as are incidental to his/her office.

8.3.8 All notices, communications, letters, memoranda and other paper whether they are acts of the Executive Committee or of the General Body shall be signed or authenticated by the Secretary and when so signed or authenticated shall be conclusive.

8.4 Joint Secretary: Duties as assigned by the President and Secretary respectively. They will be responsible for maintaining correct and accurate minutes of the General Body Meetings and Executive Committee meetings. They will also be responsible for deciding quorum and also ensuring presence of benefited members in the General Body and Executive Committee meetings.

8.5 Treasurer: Shall maintain true accounts of the funds and other assets of the Association and of funds and other assets connected with or in any way controlled by the Association.

9. Amendments and Repeal

9.1 Subject to the law in force at the time, the General Body shall have the power to add, vary or repeal any of the provisions contained in the rules, such additions, variation or repeal can be effected by means of a resolution assented to by the vote of at least two-thirds majority of the life members present at the Annual General Body Meeting.

9.2 A life member desirous of bringing forth an amendment (addition, variations or repeal) shall submit the proposed amendment to the Secretary in the form of a resolution, duly proposed by the member desirous of bringing forth the amendment and seconded by at least 10 life members, before. A copy of the proposed amendment must also be endorsed to the President by the member desirous of bringing forth the amendment. The Secretary shall collect all proposed amendment and put it up circulation in the Association website.

9.3 Proposed amendments shall be taken up for discussion in the Annual General Body meeting, after being mentioned in the agenda. The member desirous of bringing forth the amendment shall be given time to explain the need for the amendment and after discussion, the resolution containing a proposed amendment shall be put to vote. An amendment would be said to have been passed if the resolution has been assented by the vote of at least two-third majority of the life members present in the Annual general body meeting.

9.4 In the event of a proposed amendment to the constitution being rejected on the floor test, the same shall not be brought before the house for a period of at least three years.

10. Finance and Accounts

  • The financial year shall be from 1st April to 31st March.
  • The accounts shall be audited every year by a Chartered Accountant appointed in the Annual General Meeting. However, first Auditor shall be appointed by the committee within one month from the date of registration. The auditor so appointed shall make a report to the members on the accounts examined by him and on the Balance Sheet & Income & Expenditure account laid before the annual general meeting during his tenure of his office.

11. Special Resolution

Special Resolution is a resolution passed by a majority of not less than three fourths ¾ of the members entitled to vote as are present in person at a General Body Meeting of which a notice of not less than 21 days specifying the intention to propose the resolution as a special resolution has been duly given.

Special Resolutions is required for the following matters:

  1. To amend the objects for the purpose stated in Section 12 of the Act
  2. To amend, add or delete any rule or rules in the By-laws
  3. To Change the name
  4. To Dissolve and/or Amalgamate with any other society

12. Indemnity

The President, Vice President, Secretary, Treasurer and other officers, employees shall be indemnified against any loss, costs, Charges and expenses which he may incur or may become liable to, by reason of any contract entered into or act or thing done by him as office bearer or employee in any way in the bonafide discharge of his duties.

13. Winding Up

If upon the winding up or dissolution, there remains after satisfaction of all the debts and liabilities any property whatsoever, the same shall not be paid to or distributed among the members, but shall be given or transferred to some other institution or institutions having similar objects and prohibiting the distribution of their income and property among their members.

14. Notwithstanding anything in this Constitution and Rules, the Law of the Land shall stand supreme. Also, the General Body shall be the ultimate authority in all matters.