Memorandum

AOI Puducherry

Objects

To encourage and advance the study and practice of the science of otolaryngology.

By encouraging scientific research and experimental work on otolaryngological problems.
By providing facilities for research
By holding scientific discussions and reading papers on otolaryngological problems.
By establishing and maintaining a museum and reference library and furnishing it with books, review magazines, videos and new educational aids or any other technical modes as related to otolaryngological subjects.
By conducting and publishing a journal devoted to otolaryngological subjects.
By bringing together members of the association periodically at conferences and in general by working for the betterment of the cause or otolaryngology in Puducherry.
By holding properties movable and immovable that may be necessary and sell, to lease and to mortgage the same for the purpose of the association and to construct, alter, and maintain building or buildings necessary, from the finances of the association.
By watching and advising enlegislation affecting otolaryngologists and by bringing together with members of the association periodically at conference.
By receiving donations and contributions from members as well as non-members and by holding the same in trust for any particular purpose or purposes for advancement of otolaryngology.
By co-operating with other similar association National & International connected with otolaryngology and allied sciences and interest with other medical disciplines and take collective steps for education of Public in preventive aspects.
By organizing exhibitions of machinery, implements, tools, appliances etc., connected with or pertaining to otolaryngology in different parts of the state and to improve the implements, machinery, instruments and appliances used in the practice of otolaryngology.
By making bye-laws, rules and regulations of the association and to delete, alter and amend or add to the same as and when necessary.
By doing all such other things as may be incidental to or conductive to the attainments of the aims and objects of the association.
By establishing branches wherever feasible.

Membership

Life Members: Every candidate who applies for membership must fill in the prescribe application form sent by the office. The application should be forwarded to the Honarary Secretary along with the amount applicable at the time.
Honarary Member: Atleast 25 members of the Association or a branch by an unanimous resolution can recommend the name of an eminent person to be considered as Honarary Member of the Association.

The name should be sent to the Honorary Secretary along with the Bio-data and merits of the candidate. The Honorary Secretary will place the matter before the Governing Body and if the governing body approves, the name will be recommended to the General Body at its next meeting after approval by the General body, the name will be entered in the Register as Honorary member and the concerned person will be informed.

Subscritpions

A life member will pay subscription plus admission fee in one installment as determined by General body from time to time only at the time of enrolment. Honorary members do not pay say subscription.

Governing Body

The elected members will assume office at the first Governing body meeting.

The Governing body shall have the full power of control and management of the affairs of the property of the association to engage such officials, servants or other persons as may be found necessary for proper to conduct and management of the affairs of the association in carrying out its objects.

General Body

The annual general body meeting to be held once a year on selected venue.

Investment

The Governing body shall have power to invest and deal with the money of the association and to borrow such sums of money as it may resolve as tending to benefit the association.

Bank Account

Such moneys and properties of the Association as are not utilized for the objects of the Association may be invested in such manner and in such banks and in such way as the governing body may in its sole discretion think proper and the governing body may at their discretion change the investments in order to better fulfill the objects of the Association and also spend for such objects the entire moneys and properties of the association without necessarily constituting or creating a permanent endowment.

Bank accounts in the name of association can be opened at any bank and the same can be operated jointly by Secretary and Treasurer.

Properties

The Governing body shall have power to purchase, construct or acquire on lease or in exchange or on hire or by Gift or otherwise any real or personal properties and any rights or privileges necessary or convenient for the purpose of the Association and to improve, develop, manage, sell, lease, mortgage, dispose of, turn to account or otherwise deal with all or any part of the property of the property of the Association.

The property of the Association shall be in the possession and control of the Honorary Secretary and the Honorary Treasurer.

Dissolutions

If upon the dissolution of the Association there shall remain after the satisfaction of its debts and liabilities any property whatsoever the same shall not be paid to or distribution among the members of the association, of any of them but shall be given or transferred to the Association or Associations. Institution or institutions having objects similar to any of the objects of this Association to be determined by the votes of not less than three fifths of the members present personally or by proxy or post in a meeting at or before the time of the dissolution, or in default thereof by any court or high court in the ordinary original jurisdiction of the state in which the Registered office of the Associated may be situated at that time.

Office bearers shall cease to hold office

If they cease to be members;
If by a resolution, the General Body decides by a two thirds majority of the members present that such office bearers be removed from office.

Eligibility for re-election

All office bearers shall retire after expiry of their term but shall be eligible for re-election.

Secretary's Office

The Honorary Secretary shall perform the usual function in office and shall be responsible to the Association or carrying out the resolution of the Association.
The Honorary Secretary shall incur no extra-ordinary expenses without the governing body except for the purpose of holding the annual or other meetings which he may do with the concurrence of the Honorary Treasurer.
The Honorary Secretary shall keep a record of the proceedings of the meetings of the Governing body. General body and all accounts and records shall be open to inspection by any member of the Governing body.
The books and accounts of the Association shall be audited Annually shall be available for inspection to any member only at the Annual meeting.

Treasurer's Office

The Honorary Treasurer shall maintain a true and accounts account of all moneys received by the association through the Honorary Secretary and he shall make a statement regarding the financial position of the Association at the Annual General meeting.
The non-Secretary and non Treasurer are authorized jointly to sign all cheques, notes, bills and other negotiable instruments unless the Governing body passes a resolution by a three fourths majority and decides if otherwise.
The Governing body will have powers of making Rules and when deemed necessary inter alia relating to the discipline and professional conduct of Otolaryngologists subject to the sanction of the General body at next meeting.
To tide over any emergency the Secretary in consultation with the President may delegate the duties and functions of any office bearer to any member of the Governing body.

Method of Amendment

Under normal circumstances, these rules and regulations shall not be repealed, nor any amendment or addition to them made except by resolution passed by a majority of not less than 51% of the members on the Register of the Association at a meeting convened for the purpose or at an annual General body meeting. The Hon. Secretary shall give notice of resolutions to be moved in this behalf at least one month prior to the meeting at which such resolution are to be moved.
All legal documents of the Association shall be signed by the President, Hon. Secretary and Hon. Treasurer jointly.
As the Governing body takes administration and management decisions on behalf of the Association. It is responsible to the General body.

Duties and Powers of the Office Bearers

President:

Shall preside over all meetings of the Governing body and shall preside over any other committee in which he is a regular member.
Shall be an ex-office member of all committees appointed by the Governing body or General body.
Shall preside over the annual conference and guide the deliberations.
Shall guide the control the activities of the association.
Shall in addition to his ordinary vote, have a casting vote in case of equality of votes.

Immediate Past President:

He will be a member of the Governing body and will Advise, guide, and help the President in the conduct of the activities of the Association.
In the absence of the president in any meeting he will deputize for the President and will conduct the meeting. He will have the all powers of the President during the meeting.
In the event of any emergency arising as in the case of death, resignation or long leave out of the country of the President, the duties of the President, will devolve on the Past-President unless and until, the Governing body or General body makes an alternate arrangement.

Honorary Secretary:

Secretary will be from the place where the office is situated.
The work entrusted to the non-Secretary being heavy, for quick disposal, the division of the work will be made by governing body at its first meeting which should be held at conference time after consulting the Secretary and Treasurer in this respect.
Will be an ex-office member of all the committees appointed by the governing body or general body.
Will be in charge of overall supervision of all accounts and expenditure and will get prepared by the Treasurer an annual statement of accounts duly audited for adoption by the Governing body and General body.
Will arrange, convene and organize all meetings of the governing body and general body.
Shall keep an up-to-date register of the members of the association.

Honorary Treasurer:

Treasurer will be from the place where the office is situated.
He will be in charge of the finances of the association and shall be responsible for the collection and expenditure of all monies of the Association.
Shall keep an up-to-date, account of the Association and present an audited statement of accounts in the Governing body and general body at the annual meeting.

Governing Body Members:

Shall be members of the governing body and attend all its meeting.
Shall help, guide and take decisions in all matters concerning the association as per authority vested in them.
Shall discharge any work of the Association entrusted to them by the President or Secretary.

Amendments to the BYE-LAWS:

These bye-laws cannot be ordinarily changed or additions made to them except by a resolution passed by 51% of members present and voting in person or by proxy or by post for such a change any annual General Body meeting or at a meeting of the General Body specifically called for the purpose.
The General body at its discretion can appoint members of the various committees of the Association for a period of one year and for conducting many activities helpful to augment and help otolaryngology speciality. These sub committees will normally be headed by President, Past president, any court, Judicial matters or litigations will be decided in the jurisdiction of the place where the office is situated.

Membership

There shall be a register in which the names of all the members of the Association shall be entered with their qualifications, type and addresses corrected from time to time, and these members form the Association.

Method of nomination for membership:

Every candidate who applies to the Association for membership shall be practitioner of modern medicine and registered with the STATE MEDICAL COUNCIL and such application shall be sent to the Honorary Secretary. The governing body shall have the right to decide the eligibility and the class to which the applicant belongs such decision shall be final.

Year: Membership and financial year shall be the calendar year that is from 1 April to 31 March of the following year or as per existing Governing Notification at that time.

Types of members: The membership of the association shall be following classes:-

- Life members: By paying a lump sum of an amount determined by the General Body from time to time.
- Honorary members: They shall be those who have rendered special service to otolaryngology or any other branch of medicine.
- Associate members: Post graduates in Otolaryngology are eligible for associate membership.

Cessation of Membership

Membership of the Association shall cease:-

- Voluntary Resignation: 12 By voluntary resignation as from a specified date, by giving one month’s notice in writing to the Honorary Secretary, His resignation shall not be effective until the dues to the Association are cleared by him.
- By Death
- Conviction in a Court: Ipso-facto
  1. 1. upon sentence after conviction in a court of justice of any crime entailing moral turpitude or
    2. upon being deregistered by a medical Council in India on ground of unethical conduct, for the duration of deregistration or
    3. upon forfeiture through misconduct of the medical qualification by virtue of which the member was eligible for membership.
- Any member can appeal to the General Body against the decision of the Governing body, to suspend or terminate his membership, within a period of 3 months of receipt of the notice. If he fails to appeal within the time or if the general body confirmed the termination, the membership automatically causes. The general body by % majority of the members present at the meeting may reinstate the member as it deems fit. The member has no right to question the decision of the General body in this matter.

Privileges of Membership

Members: All ordinary members shall be entitled to participate in all the activities of the Association including the right to vote and right to hold an office and entitled to receive the journal during the continuance of membership of applicable.

Honorary Members: All Honorary members of the Association shall be entitled to participate in all activities of the Association and shall also be entitled to receive the Journal free of all charges. They shall not be entitled to vote at the meetings of the Association or to hold the position of office bearers.

Management

The Management of the Association shall be vested in a Governing body which shall consist of 4 members constituted as follows:-
1. President.
2. Immediate past President.
3. Honorary Secretary.
4. Honorary Treasurer.
5. Seven members elected by the General body to the Governing body.

The affairs of the Association shall be managed by a Governing body.

Elections

President’s qualifying clause will be 5 years standing Executive Secretary and Honorary Treasurer will be from the City where the registered office and working is situated. The term of office of the Secretary and Treasurer will be of 2 years duration. The term of all the governing body members shall be 2 years and that of President.

1. Election of office bearers is by postal ballot as per the procedure described in the bye-laws.
2. The elections will behold for the following offices and for the terms indicated.
  - - President elect for 2 years.
    - Seven governing body members for 3 years.
    - Hon. Secretary for 2 years. Hon. Treasurer for 2 years.

Income & Payments

The income and property of the Association wherever derived shall be applied solely towards the promotion of the objects of the Association set forth in this Memorandum of Association and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit to any of the members of the Association provided that nothing herein contained shall prevent the payment in good faith or remuneration to any officers or servants of the Association who may also be members there of in return for any work done or service actually rendered to the Association nor prevent the payment of interest at a rate not exceeding standing bank rate per annum on moneys borrowed from any members of the Association.

Loss

No person or persons in whom for the time being any funds or moneys or any other property movable or immovable of the association may be vested shall be answerable for any loss arising in the administration or application of the said trust funds or sums of money or for any damages to or deterioration in the said property unless such loss, damage shall happen by or through his or their willful default or neglect as determined by the Government body or its authorized sub- committee.