Original By Law
THE WEST BENGAL SOCIETIES REGISTRATION ACT, 1961
MEMORANDUM OF ASSOCIATION OF
1. Name : The name of the society shall be " Association of Clinical Chemistry and Lab Medicine Practitioners”
2. Registered office : The Registered office of the Society shall be situated at – 969 Jessore Road, Kolkata - 700055, within the state of West Bengal .
3. Aims and Objects : The objects for which the society is established are:-
To provide a common forum to the Doctors residing or practicing in India to work for their mutual benefit and encourage and advance mutual understanding.
To establish a common platform for various needs of the members and for enlarging the scope and sphere of activities of the members including practice of Biochemistry & Clinical Medicine and also including Senior Technologists/ Quality Managers.
To advance lab practice to promote education and professional development in clinical laboratory medicine.
To contribute to establishing high quality standards for the practice of clinical biochemistry and/ or laboratory medicine.
To organize seminars, conferences, symposia, debated, study circle, workshops etc and Developing and supporting educational programs for the laboratory professionals, clinical, other healthcare professionals, and the general public.
To Organize an Annual Conference for the association and also arranging CME programmes periodically.
To engage in the regulation of relations between Members, and other persons occupied wholly or mainly I the practice of Biochemistry of clinical labs and Hospitals.
To undertake and execute any charitable work which may be undertaken by the Association and benefits its objectives along with benefit of common man and society.
To provide facilities in Educating the common man the importance of Biochemistry and related tests.
To arrange Advancement and public understanding of clinical biochemistry and/or laboratory medicine at regional, national and international level.
To arrange Liaison with other clinical associations.
To educate the members of the society in discharging their duties and responsibilities.
To take up and handle the problems of the members relating to their practice and to try and solve such problems through discussions.
To carry social activities and functions for better and improvement of social and cultural life of the members.
To establish good relation between the members of the society and other authorities.
To aid any other society, union association, company, corporation, firm or individual whose objects are considered beneficial to the association.
To subscribe Gazette, periodicals, Newspapers, or any other Publication deemed necessary for the Association.
To receive all types of aids including monetary from Government, Local bodies corporation, companies, firm or individuals.
To do all such acts, things or matters as may be deemed incidental or conducive to the attainment of the aforesaid objects.
To take legal advice and /or to prosecute or defense of any legal proceedings to which the Association or its Member or Members is a party, when such prosecution or defense is undertake for the use of securing or protecting the interest of the Association.
To promote sympathy, fellow - feelings and unity among the followers of different faith so as solve a sense of social and religious toleration.
To collect and circulate statistics and other information relating to the aforesaid subjects.
To arrange and organize tours, excursion and study visits.
To create friendly atmosphere and to rouse the spirit of culture among the members of the society.
To Mobilize resources by way of donations, subscriptions, programmes and benefactions of all kind in cash or otherwise for its purpose and activities
To promote the sense of national integrity and communal harmony amongst the people;
To help the aged, sick, helpless and indigent persons;
To do all such other things as may be deemed incidental or conducive to the attainment of the foregoing objects;
4. The incomes and properties of the society whatsoever derived of obtained shall applied solely towards the promotion of the objects of the society and no portion thereof shall be paid to or-divided amongst any of its members directly or indirectly by way of profits.
5. The Society will not contravent section 4 (1) of the W.B.S.R. Act, 1961 in any way.
6. The following will be the members of the 'First Governing Body' of the society entrusted with the management of its affairs. The names, addresses and descriptions of the present members of the Governing Body are : -
President : Dr. Susruta Sen
Vice President : Dr. Piyeanku Majumdar
General Secretary : Dr. Bhaskar Bhattacharya
Chairman, Scientific Committee : Dr. Sutirtha Chakraborty
Treasurer : Dr. Dalia Chanda
Jt. Treasurer : Dr. Rajarshi Sarkar
Member : Dr. Sarbani Dasgupta
Member : Dr. Supratik Biswas
Member : Dr. Jayati Gupta
Member : Dr. Aruna Chakraborty
Member : Dr. Sujata Ghosh
We, the undersigned are desirous of forming into a society in pursuance of this Memorandum of Association under the provisions of West Bengal Societies Registration Act. XXVI of 1961.
Witness to the above signatures :
Dated, the day of 31st January , 2013
THE WEST BENGAL SOCIETIES REGISTRATION ACT, 1961
“Association of Clinical Chemistry and Lab Medicine Practitioners”
1. Unless the context otherwise stated, the words or expressions contained in these rules & regulations shall bear the same meaning as in the West Bengal Societies Regulations Act, 1961
(a) The “Association shall mean “Association of Clinical Chemistry and Lab Medicine Practitioners””.
(b) “President” shall mean the Chairman of the Association who will preside over the Annual, Extraordinary and General Meeting of the Association.
(c) “Members” shall mean the members of the Association.
(d) “Committee” shall mean the Executive Committee and any Sub-Committee formed by the executive committee for the time being of the Association.
(e) “President”, Vice-President”, “General Secretary”, “Assistant General Secretary”, Treasurer” and “Members of the Executive Committee shall mean those respective officers for the time being of the association.
(f) “Prescribed” means prescribed for the time being by the Rules and Regulations or bye-laws or the Association.
(g) “Doctors” means a Doctor within the Doctors________
The Registered Office of the Association is situated at 969, Jessore Road, Kolkata – 700055, West Bengal or at any other place or places as decided by the members from time to time.
1. ADMISSION :-
a) The Signatories to the Memorandum of Association & the Office bearers of the Governing Body of the Society shall be first members of the Society.
b) The Governing Body may admit to membership any person of any caste, creed or sex who has attained the aged of 18 years and agreed in writing to be bound by the Memorandum of Association and Regulation of the Society and who in the opinion of the Governing Body and the Governing Body may refuse to admit any person as a member without assigning any reason therefore.
2. TYPES OF MEMBERS :-
a) Honorary Member : Any person, whose connection with the Society is deemed to be useful, may with the consent of such person be elected as Honorary member of the Society. Such members shall not be eligible to be member of the Governing Body nor shall be entitled to vote in any meeting.
b) Ordinary Member : Any person, qualified to be a member and paying prescribed ordinary membership fee may be admitted as ordinary members of the Society.
3. CESSATION OF MEMBERSHIP :-
Any member shall cease to be a member ;
a) On the acceptance of his resignation from membership;
b) On his becoming insane or insolvent;
c) On his conviction of any offence in connection with the formation, promotion, management or conduct of affairs of Society or a body corporate or of any offence involving moral turpitude.
4. REGISTER OF MEMBERS :-
The Society shall maintain a register of members containing the names, addresses and their occupations, the date of admission and the cessation of membership. The Register will be kept open for inspection of the members of Society on requisition. All entries required to be made written shall be entered within a period of 15 days.
5. RIGHTS AND OBLIGATIONS OF MEMBERS :-
Any Ordinary members of the Society has the right;
a. To elect and to be elected in any election of the Society;
b. To Submit suggestion for discussion to the Governing Body and sub-committee on any matter relating to Society;
c. To inspect the accounts and the proceedings of the meetings of the Society on appointment with the Secretary;
d. To pay his subscription within the prescribed time. Defaulting members shall not be allowed to take part or vote in a meeting. Members shall have one vote each.
6. EXPULSION & REMOVAL :-
Frequent actions of any member, if found by the Governing Body is detrimental to the interest and is in violation of the rules and regulations of the Society, he may be after due enquiry, censured, suspended or expelled from the membership by the Governing Body. In that case the Governing Body shall first serve the member concerned with a show cause showing therein the charges framed and ask him to submit his statement of defense within a month. On receipt of the explanation the Governing Body shall have the power to take a suitable action against the delinquent member after allowing him to defend his case. If no reply to the show cause notice is received within a month, the Governing Body may take an ex-parte decision. For any act of expulsion or termination no such member shall be entitled to prefer any claim for compensation or damage even if proved on subsequent data that such act of expulsion or termination was wrongful and / or unlawful.
1. COMPOSITION, ELECTION/APPOINTMENT, RESIGNATION / REMOVAL & TERMS OF OFFICE :-
There shall be a Governing Body consisting of not less than 7 members. The office bearers of Governing Body shall comprise of President, Vice-President, Secretary, Asst. secretary, Treasurer and other Committee members. The Office bearers & other Committee members shall be elected at the A.G.M. The resignation and removal of the Governing body members shall be dealt with as has been prescribed as in the case of other members noted herein before.
The term of office of the Governing Body shall ordinary be one year; unless it is dissolved / terminated early under unforeseen circumstances. After election, the old Governing Body will continue to function till the ‘New Body’ takes over charge which shall under no circumstances be more than 30 days from the date of election.
2. MEETING :-
A meeting of Governing Body shall be held at least once in three months at such place, date and time, as the President may determine. Any four members of the Governing Body may requisition the meeting and the Secretary shall summon the same within seven days and failing which the President on the requisition its may do so provided no business other than specified in the notice shall transacted at such meeting.
3. NOTICE AND QUORUM :-
7 days' notice of the meeting specifying the place, time and the general nature of business to be transacted, shall be given to ever 1 member of the Governing Body. Emergency meeting may be called on 24 hours notice. 1/3rd members personally present shall constitute a quorum for the meeting and if a quorum is not present within 30 minutes of the time, members present shall adjourn the meeting.
4. PROCEDURE OF THE MEETING :-
The President or in his absence the Vice-President shall preside over all meetings of the Governing Body and in their absence members present shall elect a Chairman 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 Chairman shall have a second or casting vote in addition to his own vote in case of equality' of votes.
5. POWER AND DUTIES OF THE GOVERNING BODY :-
The Governing Body shall have general power of supervision and conduct over all the affairs of the Society and in particular shall discharge the following duties :-
(i) To appoint sub- committee with such power and duties as may be considered necessary or expedient;
(ii) To accept donation, gift, subscription, movable or immovable property for the objects of the Society;
(iii) To Sell, Lease, Mortgage or otherwise dispose of and deal with all or any part or property of the Society;
(iv) To keep proper accounts of the Society and to open bank account in the name of the Society in one more Banks;
(v) To Co-opt not more than two members to the Governing Body,
(vi) To appoint a person or persons on payment to assist the Secretary / Treasurer in the maintenance of account etc;
(vii) To conduct an}' other business not specified herein for the attainment of the object of the Society provided such business is not repugnant to such object.
6. Bank Operation :
The Banking accounts of the Society shall be operated by the President, Secretary and Treasurer jointly amongst two of them.
SAFE CUSTODY OF PROPERTIES
1. The Governing Body shall be responsible for the safe custody of the funds, properties and assets of the Society.
2. The funds of the Society shall be kept in banks/Post Office/ Mutual Funds be invested in any securities specified under section 20 of the Indian Trust Act, 1882.
BOOKS OF ACCOUNT & INSPECTION
The Books of account and other statutory books shall be kept at the registered office and shall be open to inspection of the members at such time and place as the Governing Body directs ml a written request made by any member.
The accounting year of the Society shall be from 1st day of April of each year to 31st day of March of following year.
ANNUAL GENERAL MEETING:-
NOTICE:- The Secretary shall annually call the Annual General Meeting (AGM) within two months from the end of last financial year giving at least 14 day's notice to all members. The notice shall contain the place, date, day and time of the meeting.
AGENDA:- The business to be transacted at the A.G.M shall be : -
a) to confirm the minute of the last AGM and of special general meeting if any ;
b) to adopt with or without modification the report of the working of the Society for the previous year ;
c) to appoint qualified Auditor or Auditors ;
d) to pass audit accounts of the Society for the previous year ended ;
e) to transact such business as may be fixed by the Governing Body ;
f) to transact such other business as may be brought forward by giving 14 days previous notice from any member ;
g) to transact such other business as may be brought;
h) to conduct general election ; when due.
QUORUM OF THE MEETING :-
1/3rd members personally present at the commencement of the meeting shall constitute the quorum.
MANNER AND METHOD OF VOTING:-
The Chairman of the meeting shall decide the manner and method of voting at the outset of the meeting.
SPECIAL GENERAL MEETING :-
A special general meeting may be convened the Governing Body at any time in view of urgency of the matter. At least 7 days notice shall be given to even members for special general meeting.
Members may request the Governing Body for Special General Meeting by placing a requisition signed by 2/3rd of total members, that case the Governing Body shall convene a Special Meeting within a month from the receipt of such notice. In default by the Governing body, the requisitionists shall hold such meeting provided no business other than those specified in the notice shall be transferred.
EXTRA ORDINARY GENERAL MEETING :-
The Governing body may direct to convene an Extraordinary General Meeting for consideration of addition, alteration or amendment of the Memorandum / Regulation of the Society. Seven (7) days notice along with the proposed draft of change shall be sent to members before the meeting. The resolution for change, amendment etc. of the Memorandum and / or Regulation be carried out it, accepted by the three fourths (3/4th) of the members present at the meeting.
DUTIES OF THE OFFICE BEARERS
He/ She shall -
a) Preside over all meeting or meetings of the Society.
b) Take all disciplinary actions such as removals, dismissal etc. in consultation with the Governing body :
c) Advise the Secretary in any matter requiring urgent attention ;
d) Call emergent meeting ;
In the absence of the President, the Vice President shall form all the duties of the president.
He/ She shall :-
a) convene all meetings of the Society;
b) maintain minute book of all meetings;
c) issue general circular and notice;
d) receive all applications for membership which shall be placed before the Governing body;
e) sign on behalf of the Society' all receipts for all sums received as subscriptions etc;
f) sign and give pay order an all bills for payments;
g) get the accounts of the Society' audited by a Chartered Accountant;
h) ensure compliance with statutory requirements; and
i) transact all other business subject to the direction of the Governing Body;
ASST. SECRETARY :-
In the absence of the Secretary the Asst-Secretary shall perform all the duties of the secretary.
He/ She shall -
a) collect and receive all sorts of subscriptions, donations and deposit of money and grant receipt thereof.;
b) maintain and keep cash book and such other accounts as are necessary ;
c) operate bank account jointly there with the Secretary or the President;
d) prepare the budget in consultation with the Secretary for consideration of the Governing Body.
MAINTENANCE AND AUDIT OF ACCOUNTS :-
The Society shall maintain books of accounts as required under Section 15(1) (a), (b) of the Act., The accounts shall be audited by a duly qualified auditor as stated in section 15 (2) of the act.
SUIT AND LEGAL PROCEEDINGS :-
All suits and legal proceedings by or against the Society shall be in the name of the President / Secretary or such person as shall be appointed by the Committee.
ALTERATION OF MEMORANDUM & REGULATION :-
The Memorandum and / or Regulation may be altered, modified, rescinded or added to by special resolution passed by the 3/4th members in a general meeting called for the purpose. The Governing Body shall have powers to make alter or rescind such Regulation as may be considered necessary in the interest of smooth functioning of the Society.
Subject to the provision of section 24 & 27 of the West Bengal Societies Registration Act, 1961 or any Statutory modifications there, the Society may be dissolved by a resolution to that effect passed by 3/4th members of the Society at a general meeting. The said meeting shall also decide the manner of disbursement of the funds and assets of the Society, if any after dissolution.
We, the undersigned members of the Governing Body of the Society, do hereby certify that the above information is a true copy of the Regulation of Society.
Signature of three members of the Governing Body ;-
Name Description Signature
1. Dr. Susruta Sen President
2. Dr. Bhaskar Bhattacharya Secretary
3. Dr. Dalia Chanda Treasurer
Witness to the above signatures :
Occupation : Legal Practitioner
Dated, the day of , 2013
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