|Of our Association|
CONSTITUTION OF THE
Amended on 6.10.93
A NOTE ON THE CONSTITUTION OF MCESA - 1993
The Executive Committee of Medical College Ex-Students' Association [MCESA], at its meeting on 5.6.93, appointed a Constitution Sub-Committee consisting of Dr. S A Momen, Dr. Sushila Sripad and Dr. Debasis Basu. Its purpose was to scrutinize all relevant documents to prepare an updated Constitution and place it as a Resolution under Agenda 6 of the 41st Annual General Meeting.
Accordingly a draft of the proposed constitutional amendments in the appropriate format was circulated to all members under certificate of posting after due notice under Agenda 6 and Article IX of the Rules.
The proposed amendments to the Rules, Regulations and Bye-laws were adopted unanimously by the General Body at its 41st Annual General Meeting held on Saturday 17.7.93 at 12-30 p.m. at the GLT, Medical College, Calcutta.
The approved draft was filed before the Registrar of Firms, Societies and Non-trading Corporations, West Bengal on 16.8 93. The alterations in the Regulations were accepted and recorded by the Registrar on 6.10.93 and the same was communicated to us vide his letter No. S/1565 dated 8.10.93. The updated Constitution is available in print version for circulation.
Secretary MCESA, 1992-93 and
Member, Constitution Sub-Committee
THE MEDICAL COLLEGE EX-STUDENTS' ASSOCIATION, CALCUTTA
MEMORANDUM OF ASSOCIATION
RULES & REGULATIONS
1. Name: The name of the Society shall be "The Medical College Ex-Students' Association, Calcutta".
2. Registered Office: The Registered Office of the society shall be situated at Administrative Block, Medical College, 88, College Street, Calcutta - 700073.
3. Aims and Objects: The objects for which the society is established are:
4. The Income and Properties of the society whatsoever derived or obtained shall be applied solely towards the promotion of the objects of the Association and no portion thereof shall be paid to or divided amongst any of its members by way of profit.
RULES & REGULATIONS
In the context of these Rules & Regulations, the Medical College Ex-Students' Association shall be termed simply \lquote the Association' and generally, unless repugnant to the context, the singular shall include the plural and the masculine the feminine and vice-versa and writing shall include print, lithograph or other substitutes for writing. The name of the Association may be abridged to MCESA.
Any person, irrespective of caste, creed or religion, and who is an ex-student of Calcutta Medical College, possessing medical qualifications registerable under the Bengal Medical Act, 1914, and who agrees in writing to be bound by the Memorandum of Association and Rules and Bye-Laws of the Association, shall be eligible for membership.
2. Classes of Members:
The Association shall have the following classes of Members:
a) Life Member: Persons, eligible to be a member on making a lump sum donation as prescribed in the bye-laws in cash or in kind may be admitted as Life Member of the Association by the Executive Committee.
b) Ordinary Member: Any person, eligible to be a member by paying an ordinary membership fee as prescribed in the bye-laws, payable in advance, may be admitted as an Ordinary Member of the Association.
3. Cessation of Membership:
(a) By resignation: A Member may at any time resign his membership by giving notice in writing to the Secretary together with outstanding dues if any. After the receipt of such notice, the notice of resignation shall be placed before the next Executive Committee Meeting.
(b) By non-payment of subscription: The subscription shall be considered due in advance on the first of April each year. If any member fails to clear the dues by 31st October of the year, a notice requesting him to clear the outstanding dues by the 31st January next, will be sent. Failing to comply with such notice by that date, he shall be considered to have terminated his membership.
(c) By removal: On the report of gross professional misconduct or such acts as will be detrimental to the avowed objects of the Association, the Executive Committee, after being fully satisfied about the charges made against the member, shall place his name before a Special or Ordinary General Meeting. The name of the member shall be removed from the register if a 2/3 majority of members present in the meeting vote for such removal.
(d) On his becoming insane or insolvent.
(e) On his conviction of any offense in connection with the formation, promotion, management or conduct of affairs of a society or a body corporate or of any offense involving moral turpitude.
4. Re-admission of Members:
Members who have resigned under rule 3(a) shall be readmitted on application. Those who have ceased to be members under rule 3(b) shall be eligible for re-admission on payment of all arrears.
5. Register of Members:
The Association shall maintain a Register of Members containing their names, addresses and their occupations, the date of admission and the date of cessation. The Register will be kept open for inspection of the members of the Association on requisition.
6. Rights and Obligations of Members:
All members whose names appear on the updated register of members have the right to
All members whose names appear on the register of members have the obligation to:
III. EXECUTIVE COMMITTEE
1. The Executive Committee shall assume office at the close of the Annual General Meeting held after their election and shall continue to hold office until the next Annual General Meeting is over.
2. Composition and Election: The general management of the Association shall be vested in the Executive Committee which shall consist of seven office-bearers (one President, one President-elect, one Vice-president, one Secretary, one Joint Secretary, one Assistant Secretary and one Treasurer and 20 members). The Annual General Election will be held every year during the period of the three days of the Reunion.
3. Termination of Membership:
A member of the Executive Committee shall cease to be a member if he:
An office-bearer cannot resign his office effectively without making over charge to the Secretary or to a member deputed by the Executive Committee.
4. Meeting: A meeting of the Executive Committee shall be held at least four times during each year at such time and place as the President or the Secretary may determine. Any 5 members of the Executive Committee may requisition the meeting of the Executive Committee and the Secretary shall summon the same within 7 days, failing which the President or the requisitionist may do so provided no business other than that specified in the notice shall be transacted at such meeting .
5A. Notice: 7 clear days notice of the meeting specifying the place, time and the general nature of work and business to be transacted shall be given to every member of the Executive Committee. Emergency meeting may be called on 24 hours' notice.
5B. Quorum: 1/3 members shall form the quorum of the Executive Committee Meetings
Want of quorum: if within half an hour from the time appointed for the meeting a quorum is not obtained, the meeting if convened upon requisition shall be dissolved; but in any other case shall stand adjourned to the same day next week at the same time and place. No quorum will be necessary at an adjourned meeting.
6. Procedure of the Meeting: The President or in his absence the Vice President shall preside over all meetings of the Executive Committee and in their absence the members present shall elect a Chairperson of the meeting. All questions before the meeting will be decided by a majority of votes, each member having one vote. The President or the Chairperson shall have a second or casting vote in addition to his own vote in the case of a tie.
7. Powers and Duties of the Executive Committee: The Executive Committee shall have powers of supervision and conduct over all the affairs of the Association and in particular shall discharge the following duties:
8. Bank Operation: The bank accounts of the Association shall be operated jointly by the Secretary and Treasurer.
IV. SAFE CUSTODY OF FUNDS
1. The Executive Committee of the Association shall be responsible for the safe custody of the funds and assets of the Association.
2. The funds of the Association shall be kept in some nationalized banks and be invested in any securities as specified u/s 20 of the Indian Trust Act,1882.
V. BOOKS OF ACCOUNTS: INSPECTION AND AUDIT
The books of accounts and other statutory books shall be kept at the registered office of the Association and shall be kept open for inspection of the members of the Executive Committee during usual office hours and the same shall be kept open for inspect ion of the members of the Association at such time and place as the Executive Committee directs on a written request made by any member. The Association shall maintain accounts which will be audited annually by a qualified auditor or auditors.
Vl. ACCOUNTING YEAR
The Accounting year of the Association shall be from the 1st of April to the 31st of March of the following year.
Vll. GENERAL MEETINGS
1. There shall be three kinds of general meetings :(a) Annual (b) Special / Extraordinary (c) Requisition.
2. The Association shall hold an Annual General Meeting (AGM) every year and not more than 15 months shall elapse between two successive AGMs.
3. Time and Venue: The AGM shall ordinarily be held by the 31st July each year. The Executive Committee shall decide the date, time and place of the AGM and fix the Agenda.
4. Notice: Notice of the AGM shall be sent to each member at his registered address at least 7 clear days before the date of AGM by a messenger against receipt, or 15 clear days under Certificate of posting, the date of posting or dispatch being sufficient evidence of notice.
5. Quorum: 10% of the live members on the register maintained by the Association present either personally or by an affirmative proxy shall be the quorum for transaction of any business
If within half-an-hour from the time appointed for the meeting a quorum is not obtained, the meeting shall be adjourned to the same day next week, at the same time and place, and thirty members shall form the quorum for this adjourned meeting.
If within half-an-hour from the time appointed for the adjourned meeting requisite quorum is not obtained, the meeting shall be adjourned to the next day, at the same time and place, no quorum being necessary at this adjourned meeting.
6. Chairperson: The President or, in his absence, the Vice President shall be the Chairperson. In their absence the Chairperson shall be elected from amongst the members present
7. Motions and Amendments: Notice of Motions and Amendments except those under Article IX to be brought before the Annual General Meeting shall reach the Secretary at least 3 clear days before the date of the said Meeting
8. The business to be transacted at the Annual General Meeting shall be:
9. Special General Meeting:
The Executive Committee, whenever they think fit, may call a Special General Meeting. The Notice shall be the same as for the Annual General Meeting. The Quorum shall be thirty members except for any Agenda under Article IX.
10. Requisition General Meeting:
(i) The Executive Committee shall on a requisition made in writing to the Secretary by at least twenty members, call a Requisition General Meeting. The requisitionists shall write their full names and addresses legibly and must state the object of the meeting proposed to be called. The Secretary , in consultation with the Executive Committee shall call the meeting within one month of the receipt of the requisition. If the Secretary fails to call the Requisition General Meeting within this period, the requisitionists may themselves convene the meeting; but such meeting shall not be held more than eight weeks after the date of the requisition.
(ii) Notice: Notice of the Requisition General Meeting shall be sent to the members, under Certificate of posting, at least ten clear days before the date fixed for the meeting stating the place, date and time of meeting and the Agenda of the business to be transacted
(iii) Quorum of the Requisition General Meeting shall be 40. If within half-an-hour of the time appointed for the meeting a quorum is not obtained the meeting shall be dissolved.
VIII. DUTIES OF OFFICE BEARERS
1. President: He shall
2. President-elect: He shall coordinate the work of the scientific section including publications
3. Vice President: He shall assist the President in all affairs of the Association. In the absence of the President, he shall have the powers and perform the duties of the President
4. Secretary: He shall
5. Joint Secretary: He shall
6. Assistant Secretary: He shall assist the Secretary in all respects for smooth running of the Association.
7. Treasurer: He shall
IX. ALTERATION OF RULES & REGULATIONS AND BYE-LAWS
The Executive Committee shall have the powers to make such Rules & Regulations and Bye-Laws as may be considered if necessary in the interest of the Association.
The following procedure shall be adopted:
a) Any addition, alteration or amendment of the Rules & Regulations and Bye-Laws shall come in the form of a resolution duly proposed and seconded by a member who has cleared his subscription for the previous year within 31st March.
b) Official resolutions shall be placed in the Executive Committee Meeting proceeding the Annual General Meeting for discussion, and if passed by the Executive Committee shall be placed under item 6 of the Agenda for the AGM.
c) Notice of resolution brought by individual members for amending the Rules, Regulations or Bye-laws must reach the Secretary by 31st May each year. Such resolution shall ordinarily be placed as an item of the Agenda of the Executive Committee Meeting preceding the AGM and then placed as an item of the Agenda in the AGM with the opinion of the Executive Committee regarding the same.
d) To be effective, an addition, alteration or amendment under this clause, must be passed by 3/4th of the members present and voting in favor of it.
e) Such addition, alteration or amendment will be effective from the date specified by the same Annual General Meeting in which such changes are accepted.
X. SUITS AND LEGAL PROCEEDINGS
All suits and legal proceedings by or against the Association shall be in the name of the Secretary or such person as shall be appointed by the Executive Committee for the purpose.
a) The procedure to be followed for dissolving the Association shall be the same as that laid down in Article IX except that the decision regarding dissolution shall be valid only if 3/4th of the members on the roll of the Association vote in favor of the Resolution either in person or by an affirmative proxy.
b) If upon dissolution of the Association, there remains after clearance of all its debts and liabilities any fund or property whatsoever, the same shall not be transferred to the names of or distributed in cash or kind among the members of the Association but instead t he same shall be transferred to the Medical College to be used for the benefit of the present students of the Medical College in a manner decided unanimously by the College Council provided that at least 3/4th of the members of the College Council at the time are ex-students of Medical College.
a) No member of the Executive Committee or of the Association shall be held responsible for any damage or loss to the Association incurred as a result of any action taken in good faith in the proper discharge of his duties except for willful negligence or fraud.
b) Legal heirs, executors or administrators of the properties of any member of the Executive Committee or of the Association shall at all times be indemnified and saved harmless out of the properties and funds of the Association.