Constitution of The Association of Surgeons of India

The Association of Surgeons of India
18, Adams Road, Chepauk,
Madras – 600005

Registered with the Registrar of Societies Tamil Nadu on 21/12/2017

Effective from 29/12/2013

Memorandum of Association

I. The name of the Society is “THE ASSOCIATION OF SURGEONS OF INDIA”
II. The Registered Office of the Association will be situated in the State of Tamil Nadu. The Registered Address of the Association shall be No.18, Adams Road, Chepauk, Chennai – 600005.

III. The objectives of the Association are:

1. To encourage and advance the study and practice of the Science and art of Surgery.
2. To promote social and academic interaction among the Surgeons of India and Abroad.
3. To encourage scientific research and experimental work on Surgical problems.
4. To organize scientific programmes eg. Conferences, Workshops etc., and to organise exhibitions of surgical and allied instruments and equipment and to encourage their improvement.
5. To provide for Continuing Medical Education (CME) programmes for postgraduate students and medical practitioners.
6. To establish and maintain website, reference libraries of books, journals, Newsletters, audiovisual materials etc., relating to medical science with special attention to surgery.
7. To watch Government legislation affecting Surgeons. To extend surgical help to any deprived community, participate in prevention and treatment of cancer, trauma etc., disaster management and other social welfare activities. To protect the interest of the members by helping them to deal with legal problems. Towards these legal, social, academic and financial goals to form a Federation of all surgical specialties.
8. To publish books and journals devoted to surgery and allied subjects. The journals shall be the official organ of the Association of Surgeons of India.
9. To arrange and conduct examinations including post graduate examinations and award certificates and prizes on subjects connected with the science and art of Surgery. To establish and affiliate to autonomous Surgical Colleges / Institutes with attachments to various hospitals in India and abroad for education and training in Surgery and its various disciplines.
10. To make rules, when deemed necessary, inter alia relating to discipline and professional conduct of surgeons.
11. To do all such other things as may be incidental to or conducive to the attainment of all or any of the above objects.

IV. The affairs of the Association shall be managed by an Executive Committee duly elected from time to time as per the procedure detailed in rules and regulations items 4 & 5 of this Constitution.

V. The Association is authorized to receive donations, grants, subscriptions or other income, to hold funds and to utilize the funds for fulfilling the objectives of the Association.

VI. The income and property of the Association whensoever derived shall be applied solely towards the promotion of the objectives of the Association as set forth in this memorandum of Association and no portion shall be paid to individual members as dividend, bonus or gifts.

VII. The Executive Committee or any of its members shall not be held responsible for loss of any property unless it is due to willful default or negligence.

VIII. The Executive Committee shall have the full power of control and of management of the affairs of the property of the Association, to engage such officials, other staff or other persons as may be found necessary for the proper conduct and management of the affairs of the Association in carrying out its objectives.

IX. The Executive Committee shall have power to invest and deal with the money of the Association and borrow such sums of money with the approval of General Body as it may resolve as tending to benefit the Association.

X. Such money and properties of the Association as are not utilized for the objectives of the Association may be invested, in such manner in Banks and in such a way as the Executive Committee may, in its sole discretion think proper and the Executive Committee may at its discretion change the investments in order to better fulfill the objectives of the Association and also spend with the approval of General Body for such objectives the entire money and the properties of the Association without necessarily constituting or creating a permanent endowment.

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

XII. If upon dissolution of the Association there shall remain after the satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid or distributed among the members of the Association or any of them but shall be given or transferred to Association / Associations or Institution / Institutions having objectives similar to any of the objectives of this Association to be determined by the votes of not less than three forth (3/4th) of the members present personally or by proxy at a meeting at or before the time of the dissolution or in default thereof, by a competent court based on the rule of Cypre. A competent court will appoint receiver to look after and guard the properties.

XIII. The Association may make new Rules and Regulations or Bye laws of the Association for its smooth running. The Association is authorized to delete, change or add Rules and Regulations or Bye laws when found necessary in accordance with the provisions of the Tamil Nadu Societies Registration Act, 1975 and the rules made thereon.

XIV. The Association year shall be from first January to thirty first December for administrative purposes but the financial year shall be from 1st July to 30th June.

Rules and Regulations

1. Name of the Association:

The Association shall be called “The Association of Surgeons of India” with the aims and objectives specified in the Memorandum of Association.

2. Legally permissible extension of certain words used:

In the construction of these Rules and Regulations generally unless repugnant to the context, the singular shall include the plural and the masculine the feminine and vise-versa and writing shall include printing, lithograph, electronic media or other substitute for writing.

3. Membership:
A) Categories: The membership of the Association shall be of six categories:

a) Full Life Member: Medical Practitioner registered in India under the IMC Act 1956 or recognized by the Government of India and practicing, teaching or doing research in the science and art of surgery and holding a post graduate qualification in surgery (including its specialities) recognized by the Government of India shall be eligible for Full Life Membership. He has to pay an Entrance fee of Rs.100/- along with the Life subscription fee of Rs.10000/-. The Executive Committee shall have the powers to revise the fees from time to time and the same will become effective after the General Body ratifies it.

b) Associate Life Member: Medical practitioner registered in India under the IMC Act 1956 or recognized by the Government of India and engaged in the practice of branches of medical sciences auxillary to surgery or who is a post graduate student in a MCI / Government of India recognized surgery course is eligible to become an Associate Member. He will have to pay the Life subscription fee same as that of a Full Life Member. Associate Life Member may be advanced to Full Life Membership on his being eligible for the same.

c) Honorary Member: (Honorary Fellowship – nomenclature changed): A person considered suitable and desirable by the Executive Committee may be enrolled as Honorary Member, subject to the following rules:-
i) Candidates shall be persons who are internationally recognized in the field of Surgery.
ii) They should have trained Indian Surgeons or visited India for academic purposes.
iii) The proposal along with all records of the candidates should reach the Honorary Secretary by first October each year for the following year.
iv) The selected candidate should present himself personally to receive the Honorary Membership of the Association.
v) The number of Honorary members admitted shall not exceed three during any year.

d) Overseas Member: Medical practitioner registered in countries other than India and practicing the science and art of Surgery outside India shall be eligible for membership of this category. He should hold postgraduate qualification in Surgery (including its specialties). He may be a foreign national He has to pay an Entrance fee of 5 US Dollars along with the Life subscription fee of 1500 US Dollars. The Executive Committee shall have the powers to revise the fees from time to time and the same will become effective after the General Body ratifies it.

e) Senior Member: Existing Annual Full Member who has attained the age of 60 years and 25 years of continuous Membership may opt for becoming Senior Member. Senior Member is exempted from paying annual subscription. He cannot participate in Elections / hold offices / receive honours of ASI. Those non members over 60 years of age who are eligible under rule 3A(a) can directly become a Senior Member by payment of 50% of the Life subscription.

f) Full Annual Members: Existing Annual Members, who are paying their subscriptions annually will continue till their annual membership is paid regularly / termination / resignation / death. Else they can convert their membership category to Full Life Membership / Senior Membership by paying of appropriate fees as mentioned in Rule 3(A) (a) & (e). No new admission will be made in this category.

B) Eligibility: The Executive Committee shall have the right to decide the eligibility or otherwise of the category to which a person could be admitted as member and such decision shall be final.

C) Application and acceptance:

a) Every new member has to fill an application form with recent photo, contact & other required details, proof of qualifications & registration & sign a declaration about his nationality, that he will follow ethical practices & uphold the constitution of ASI & follow its rules & regulations.
b) Every candidate who applies to the Association for Membership shall be duly proposed and seconded by Full or Senior Members. He will become a Member only after the Executive Committee accepts his application.
c) New membership shall commence from the day the EC accepts his membership.

D) Subscription:

a) All new members except Honorary Members shall pay admission fee & Life subscription as decided by the General Body from time to time.
b) 20% of Life subscription and 20% of subscription received from existing Annual Members, will be sent every year to the concerned state chapter to which the member belongs. No chapter fees are payable in respect of overseas members and those belonging to National State Chapter.
c) Senior Members are exempt from paying annual subscription.
d) Honorary Members do not have to pay any subscription.
e) All subscriptions from existing Annual Members are payable in advance i.e. before first of January of that year.
f) All admission fees and life subscriptions should be directly deposited in ASI account before granting membership. Such fees and subscription due to ASI should not be paid into state or sectional chapter or conference or other accounts.

E) Privileges of Membership:

a) All Full Life Members shall be entitled to participate in all activities of the Association including the right to vote and to contest elections. They shall receive the Indian Journal of Surgery on line.
b) All Senior Members, Associate Members, Overseas Members & Honorary Members shall be entitled to participate in all social and scientific activities of the Association and they shall receive the electronic copy of Indian Journal of Surgery. They are not entitled to vote or contest or in any other way participate in elections or hold offices or receive awards of the ASI.
c) Members in arrears of subscription or any other dues to ASI without any intimation shall be considered as suspended members and they will not receive the IJS online & will not be allowed to participate or vote in elections or hold office, attend General Body or other business meetings and will be disqualified from Orations, Awards, Honours & all ASI activities.
d) All the members have the right to inspect the accounts, records and registers of the Association during reasonable working hours of the office. The Members shall request the Hon. Secretary in writing at least 7 days before.
e) On request of at least 1/3rd Members to convene a meeting for discussing a specific agenda, the EC should convene a SGBM. If the EC fails to convene the meeting, the requistionists may themselves convene the meeting with 21 days prior notice duly served to all the members of ASI. If the necessary quorum is not present in such a meeting, then the meeting shall stand dissolved.

F ) Cessation of Membership does not absolve the person from any outstanding dues to the Association. Membership of the Association shall cease:

a) If the member resigns or dies.
b) If an existing Annual Member has not paid his subscription or any other dues for one year after it has became due and payable and Honorary Secretary has given him a notice by registered AD post demanding payment and if he fails to clear all dues after 21 days of receipt of such notice, his membership shall be terminated. Such person may be reinstated as member at the discretion of the Executive Committee, only on payment of all outstanding dues.
c) If the membership is terminated as per rule 15 a & b.
d) No person shall question the reasonableness of the resolution passed under class 3 F & such decision shall be final.

4. Management of the Association:
The management of the Association shall be vested in the Executive Committee.

A. Constitution of Executive Committee: Executive Committee consists of
a. President
b. Vice President
c. Honorary Secretary
d. Honorary Treasurer
(The President, Vice President, Hon. Secretary and Hon. Treasurer are the Office Bearers of the ASI.)
e. Members of the Executive Committee from approved State Chapters of ASI.

The Members of the EC shall be elected in proportion to the strength of membership of Chapters as on 30th June of every year, as per the following pattern:
No. of Full Life Members                 No. of EC Members

Up to 149                                                      Nil
150 to 349                                                     1
350 to 599                                                     2
600 to 899                                                     3
900 & above                                                4 maximum

i) Only Full Life Members of ASI belonging to that State Chapter will be considered for the membership strength.
ii) Executive Committee members shall be elected once in three years while every year a new Vice President shall be elected. The Executive Committee with the same elected members shall be reconstituted every year when Vice President takes over as the President. Hon. Secretary and Hon. Treasurer shall be elected each year from this reconstituted Executive Committee as per clause {5 e ii)}. Therefore, the election of ASI for the post of Vice President shall take place every year and that for the Executive Committee shall be once in three years.
iii) A group of State Chapters may be joined together to be eligible to elect a member of the Executive Committee.
iv) Full Members not belonging to any State Chapter (State Chapters may not be formed or recognized in that area) will be considered belonging to a National State Chapter for this purpose.

f. Co-opted Members elected to the Executive Committee by the General Body:

i) To fill vacancies till next elections
ii) To represent National State Chapter areas
iii) For a specific academic, ASICON or other ASI objective
(Co-opted members shall have no voting rights.)

g. Ex-officio:

i) Immediate Past President of the Association
ii) Three Presidents of Sections of ASI by rotation from the alphabetical list of approved Sections of ASI. The persons holding office on 30th December will become Ex-officio Members of the Executive Committee for the whole of next year even if they complete their term as President of the Section during that year. If the President of the Section does not complete his term for any reason the post will remain vacant. President and the Executive Committee shall have power and right to by-pass the section if they are not active or not co-operating with the center in administrative and financial obligations as provided in the Constitution. However, the Ex-officio members do not have any voting rights in the Executive Committee Meetings.

h. Special invitees: The Chief Editor of IJS, Director of Academics, Director of Social Welfare, Organizing Chairman & Organizing Secretary of ASICON or any CME as deemed necessary by the President, Honorary Secretary & the Executive Committee can be made a special invitee to any meetings. But the special invitees have no right to participate in any voting process.

B. Limitations to Hold Office:

a) Members of the Executive Committee shall not hold office for more than 6 years. There will be no exemption to this rule. A member elected as Vice President may hold office for additional three years, one as Vice President, second as President and third as Past President (ex-officio with no voting rights).
b) Honorary Secretary of ASI cannot also be Organizing Secretary of ASICON.

C. Functions and Powers of Executive Committee:

a) Resolutions of the Executive Committee regarding management and administration, which are not contrary to constitution (memorandum and bye-laws) of ASI and shall ordinarily bind the Association.
b) The Executive Committee may appoint a full time Administrative Officer and Staff (non members), who may be given specific duties and day to day management. It may appoint Lawyer or other required professionals for any purpose as deemed fit for the function of ASI.

D. Election of Executive Committee:

a) The Vice President shall be elected every year and members of the Executive Committee shall be elected every third year by the General Body

b) The elected Vice President will take over as the President next year.
c) Honorary Secretary & Honorary Treasurer shall be elected from among the elected EC Members.

E. Functions and Powers of the President:

a) The President shall preside over all General Body and Executive Committee meetings and ASICON.
b) He shall see that the Constitution of the Association is adhered to.
c) He has the right to attend any Committee meeting of the Association.
d) All documents, conveyances and contracts shall be made by the President of the time.
e) He should ensure that no endorsement of any commercial product is issued by ASI unless it is a product of ASI Research & Development.
f) The President is empowered in consultation with the EC to take any decision required to manage any contingency for which rules have not been framed here. Such decisions have to be ratified at the next EC & GB Meetings.
g) The President has to be invited well in advance to all Annual State Chapter, Zonal and Sectional meetings as the Chief Guest at the Inauguration and his response obtained. He has to attend or send an Office Bearer or EC Member as his representative (will be Guest of Honour at the Inauguration) and also as an observer to the General Body meetings of Chapter / Section.

F. Functions and Powers of the Vice President:

a) In absence of the President, he will perform all his duties.
b) The Vice President will be the Chief Election Officer for the annual, mid-term if necessary of ASI, IJS Election. Any fresh election following a disputed Chapter or Sectional election will be conducted from Headquarters of ASI by the Vice President.
c) The Vice President will be “in charge” of academic activities of ASI.

G. Functions and Powers of the Honorary Secretary:

a) He shall be the principal executive officer of the Association.
b) He will execute all resolutions of the Executive Committee.
c) He will call meetings in consultation with the President and keep all records including the minutes of all General Body meetings & Executive Committee meetings.
d) He will be authorized to spend money within the limits laid by the Executive Committee.
e) It will be his duty to inform all members the decisions of the Executive Committee within 3 months of the EC Meeting.
f) He will be in constant touch with the President and act according to his advice and instructions.
g) The property of the Association shall be in possession and control of the Honorary Secretary.
h) He is the protocol officer and has to maintain protocol at all ASI Meetings & Functions.
i) He has to ensure that all ASICON deadlines are met including the preparation of Scientific programme, Certificates, Scrolls, Citations etc. and that all Orators, Award winners and ASI Guests are officially invited.
j) He has to keep data about members up to date and send a response to any change of address requested from any member.
k) He shall be responsible for the records and registers of the ASI.
l) He shall submit the Annual Reports of ASI in the Annual General Body Meeting for its approval.
m) He shall grant access to the members of the ASI for the inspection of records including accounts.
n) He shall have the general control over the Staff of ASI and perform such functions as deemed necessary.

H. Functions and Powers of the Honorary Treasurer:

a) He will keep accounts of the Association.
b) He shall present un-audited accounts of the current year and the annual audited accounts for the previous financial year at the annual General Body meeting.
c) He shall present the Budget for the next year at the Annual General Body Meeting.
d) He shall attend to the work at the Headquarters under instructions from the Executive Committee or as delegated by the Honorary Secretary.
e) Cheques or other negotiable instruments shall be jointly signed by the Treasurer along with the President / Hon. Secretary.
f) He shall hold the imprest amount of Rs.5000/- in cash.
g) Bank Accounts shall be operated jointly by the Hon. Treasurer along with the President /Hon. Secretary.

I. Transfer of Functions and Powers

The President, Honorary Secretary and Honorary Treasurer should transfer the functions powers to their duly elected successors at the earliest convenient date in January every year at the Headquarters at Chennai and the incoming officers should take legal possession of movable and immovable properties of the ASI.

J. EC Member other than the President and the Vice President may delegate his functions in writing to any other Member of the Executive Committee when he is not able to function due to illness or any other unavoidable circumstances.

K. Vacancy during term in Office

Vacancies occurring by resignation or otherwise during year / term shall be filled as under:
a) Honorary Secretary / Honorary Treasurer: The Executive Committee will elect a new office bearer among its members for the rest of the year.
b) Executive Committee Members elected from State Chapters: The vacancy will be filled by nomination followed by election from the same State Chapter during the next annual elections. The incumbent will hold office for the rest of the tenure.
c) Vice President: The Executive Committee will elect a new Vice President among its members for the rest of the year.
d) President: The Vice President shall continue the office for the rest of the year.
e) Ex-officio: Under 4 A (g), (h): The vacancy will not be filled.

5. Elections:

a) Posts:

i) Vice President of the Association of of Surgeons of India.
ii) Executive Committee Members of the Association of of Surgeons of India
iii) Editorial Board of Indian Journal of Surgery
iv) Officers and Executive Committee members of Chapters and Speciality Sections if desired by them

b) Schedule:

i) Election for the post of Vice President of ASI will be conducted as per By-Laws EVERY YEAR. The elected Vice President for the previous year shall take over as President in the next year.
ii) Elections for the posts of Executive Committee Members of the Association of Surgeons of India, will be conducted as per By-Laws EVERY THIRD YEAR.
iii) Elections for the posts of Editorial Board of Indian Journal of Surgery will be conducted as per By-Laws EVERY THIRD YEAR to fill up the vacancies arising every third year.{11}
iv) Elections for the post of Officers and Executive Committee members of Chapters and Speciality Sections will be conducted as per By-Laws of each of them. All elections will be conducted as per By-laws by secure online electronic voting as per the following time schedule:
i) The list of voter’s who can take part in the voting process shall be prepared and finalized as of 30th June every year. The process of re-registration to confirm eligibility will be a continuous process. Those who have registered earlier should be required to update their contact details (Postal address, Mobile number & Email Id), if there is any change from what they have already furnished. Their voting code/Password will be sent only to their registered mobile number/Email Id.
ii) Nominations are to be invited by the 31st July.
iii) Last date for receiving nominations is 31st August. Scrutiny of Nominations will be done on the 1st working day after 31st August and all the applicants shall be intimated about the validity of their nomination for contest by the Chief Election Officer.
iv) Withdrawals will be permitted up to 15th September.
v) If there is no contest, the result will be declared on 16th September. Copy of the result will be sent immediately to all EC Members.
vi) Electronic online voting will be conducted from 1st October to 15th November.
vii) Declaration of results will be done on the next working day after 15th November at the National Headquarters of ASI in Chennai by the Chief Election Officer. The exact time will be notified by the Chief Election Officer to all candidates.
viii) This schedule can be modified by the Chief Election Officer in unforeseen adverse circumstances, which should be ratified by at least 3/4th majority of the General Body in the next Meeting.
ix) EC can decide on re-registration for elections on a periodical time frame to include more members on the electoral role and to improve the availability and authenticity of their demographic details.

c) Schedule for mid-term election by electronic voting.

i) Nominations invited (within 1 month of vacancy arising)
ii) Last date of receiving nomination:- a month after (i)
iii) Withdrawal: 1 1/2 months after (i)
iv) Electronic online voting will be conducted for one month after (iii)
v) Declaration of results will be on the next working day after last date for voting at the ASI Headquarters in Chennai.

d) Death of candidate:

i) If a candidate dies anytime during e-voting process, there will be no change in the election procedure or schedule unless he is the only nominee. A condolence message will be sent to the family with email copies to all members.
ii) If the candidate dies before start of polling, the e-voting should proceed with the rest of the contestants after deleting the deceased contestant’s name.
iii) If an elected candidate either dies during e-voting or dies before assuming office, the candidate with the next highest number of votes will be declared elected.

e) Eligibility:

i) Nomination for the post of Vice President shall be from a Full Life member with voting rights of not less than 10 years standing in the Association. He should have served as member of the Executive Committee of ASI as elected member for at least three years (one complete term) in the past. Candidates from areas / groups not eligible to have been represented by an elected EC member should have been a member (nominated or ex-officio) of EC at least for three years.
ii) Honorary Secretary & Treasurer should preferably have completed three years as EC Member
iii) Nominations for the post of Executive Committee member from recognized state chapters shall be from Full Life Members of not less than 5 years standing in the Association. They should have served at the state level as an elected member of the executive committee for at least two / three years (1 term).
iv)The nomination shall have the proposer and seconder from the same State shall be preferably endorsed by the state executive.
v) Nominations for more than one of the posts including those of IJS simultaneously will not be accepted.

f) Electorate: All registered ASI Members as on 30th June of every year (membership should have been accepted by the Executive Committee) will form the electorate and will be eligible to vote for any candidate from any part of India.

g) Any candidate who relocates elsewhere in India will continue as EC Member.

6. Executive Committee Meetings:

a) The Executive Committee shall meet at least once a year, preferably 4 times once in March-April, once in August – September (with office bearers, audited accounts and academic programmes of state and sectional chapters) and twice at the annual conference.
b) Any 10 members shall form a quorum.
c) The President, when present, shall preside over at all meetings of the Executive Committee and in his absence Vice President shall preside. If both the President and Vice President happen to be absent the meeting may elect its own Chairman for the purpose of the meeting and he shall have all the powers of the President.
d) In every case of voting, the President or the Chairman will have a vote and in case of a tie, he will have an additional casting vote.
e) The voting will be by show of hands only except when decided otherwise unanimously.
f) Video recordings with voice tracking of any previous meeting whose minutes have to be passed shall be made available in the meeting.
g) Whenever it is found inconvenient to call for a meeting of the Executive Committee and the Honorary Secretary deems it desirable that the opinion of the Executive Committee should be obtained on any particular matter, he shall do so by electronic mailer and by video – conferencing and act in accordance with the opinion of the majority of at least 15 EC Members, provided it is endorsed by the President.

Such decisions should be ratified in the minutes of the next EC meeting.

7. Association Meetings: Annual General Body Meeting (AGBM), Special General Body Meeting (SGBM), Association of Surgeons of India Conference (ASICON), State Chapter Meetings, Section Meetings.

a) President shall preside over all ASI Meetings. He can depute Vice President or in the absence of Vice President, any other senior EC member to preside over the meetings. If he is unable to do so, the EC/ GB will elect a Chairman among the members present to preside the meeting.
b) Honorary Secretary of ASI or any of its Sections or Chapters on the advice of the respective President / Chairman can call for a GB or EC meeting of the concerned body.
c) AGBM: The Honorary Secretary shall circulate the notice of the meeting along with the Annual Report of the year, the statement of audited accounts of the preceding financial year, unaudited accounts up to 30th September of the current year 21 days prior to the date of General body meeting by post / email to all members of the Association. The notice should clearly show the date, venue and agenda of the General Body meeting. The publication of such data at the official website and at the notice board of the registered office of the Association 21 days prior to the date of Annual General Body meeting can also be considered as valid intimation to all members. The Annual Report shall include the minutes of the last General Body meeting and such other information as may be of interest to the members and or useful to them. The books of accounts of the Association shall be audited annually and shall be available for inspection to any member at the Annual General Body Meeting. Video recordings should be made available for any previous meetings whose minutes have to be passed.
d) An Extraordinary General Body Meeting/ SGBM may be convened
i) By recommendation/decision of EC/GB/a committee constituted for a specific purpose.
ii) On receipt of request from 1/3rd of the entire EC or 1/3rd of all voting members in case of death of / disability of / infighting between the Honorary Secretary and President / Chairman. The Honorary Secretary shall circulate by post / email to all members of the Association, the notice of the meeting with the specific agenda.21 days before the date of any Special General Body meeting. The Publication of such notice 21 days prior to the date of SGBM at the website of ASI and at the notice board of the registered office can also be considered as valid intimation to all members. Routine business shall not be included in the agenda or discussed at such a meeting and the venue shall be preferably Chennai or any city with more than 100 Full Life Members of ASI. The notice should clearly show the date, venue and agenda of the General Body meeting. If the EC fails to convene the requested meeting within a month, the requistionist may themselves convene the SGBM by giving 21 days prior notice with details as mentioned above to all the members. If the necessary quorum is not available in such SGBM, the meeting shall stand dissolved.

e)Any member desirous for moving a resolution in the General Body meeting shall intimate the text duly proposed and seconded to the Honorary Secretary at least 2 months before the date of General Body meeting. The Secretary shall include this in the agenda with the approval of the President.
f) The venue of any GBM should be secured and only members with voting rights and staff should be permitted in to the venue. Honorary Secretary should ensure that Office Bearers and members attending any ASI GBM have barcoded ASI photo identity cards or their photo and complete up to date details or in the attendance register and computer correctly before permitting entry into the GBM.
g) The quorum for the General Body meeting shall be 200 voting members. If there is no quorum, then the meeting shall be postponed to 15 minutes for want of quorum. If there is no quorum in the postponed meeting, the members present shall be considered as the quorum. Only specific circulated agenda may be discussed and decided at such adjourned meeting. No decision will be taken on any subject discussed under the heading “Other matter permitted by the Chair” in an adjourned meeting.
h) Function, Duties and Powers of General Body Members:-
i) The General Body shall after discussion, if found satisfied adopt, approve and pass the Audited Account Statements of the preceding Financial year in the AGBM.
ii) The General Body shall elect the Office Bearers, Members of the Executive Committee and IJS.
iii) If any member aggrieved by any decision of the Executive Committee, may prefer an appeal to the General Body. The decision of the General Body is final.
iv) The General Body shall appoint the Election Officer and e-voting agency for the elections of ASI.
v) The General Body shall appoint a recognized Chartered Accountant as the Auditor for every financial year to audit the accounts of the ASI.
vi) The General Body by a special resolution supported by 3/4th of the members present and voting in person, proxy, email or post can:
a) Create new Sections and Chapters.
b) Dissolve any Chapter or Section or Editorial Board of IJS and take over all its funds and assets if it is not functioning according to the ASI Constitution. All funds, assets, Intellectual Property Rights (IPRs) of such dissolved Chapters & Sections will finally belong to ASI and can be utilized for development and growth of ASI.
c) Make amendments to the Memorandum and Rules & Regulations of the ASI to add, modify, remove or reconstitute any provisions of the Memorandum and bye-laws of the Association.

8. Amendments to the Constitution, and its schedules (Bye-laws) and Annexure:-

Memorandum of Association and Rules and Regulations (Bye-Laws) can be amended (including deletions and additions) by a special resolution passed by the 3/4th majority of the General Body of the Association provided:

a) Any amendment /(s) may be proposed by:
i) A Full Life Member with voting rights and seconded by another Full Life Member with voting rights or
ii) The Executive Committee or
iii) Members of a specially constituted Constitution amendment committee.
The proposed amendments along with the notice shall be circulated to all the members of the Association with voting rights at least 21 days prior to the date of the proposed Annual/Special GBM. Publishing the proposals at the Notice Board of the registered office and at the official website with electronic information to all members shall also be considered valid.

b) 3/4th of all registered voting members vote in favour of the amendments by online e-voting or at the Annual or Special General Body meeting by post or proxy or in person.

c) Modifications can be made to the proposed amendment on the floor of the house.

d) If the amendments were not passed in the said meeting due to any reason, it can only be taken up at a 2nd GB meeting held a year or more after the first meeting. The resolution can be modified during the intervening period on the basis of inputs from members. The revised amendments are to be notified to all members 60 days prior to the second meeting by email/Post or any other mode of circulation of notice or publication at the registered office/website. The same can be passed by ¾ of the participating valid Full Life Members in the second meeting.

e) The passed amendment shall be filed with the Registrar of Societies within three months of passing the amendment and the same shall take effect from the date of passing on the approval of Registrar. The Registered copy of such amendments shall be circulated among the members.

f) All the Amendments should be consistent with the provisions of the Tamil Nadu Societies Registration Act, 1975 and its rule, 1978.

g) Any provisions of the rules and regulations of the Association which are contrary to the provisions of the Act shall be overruled by the relevant provisions of the Act.

9. State Chapters:

a) State Chapters of the Association of Surgeons of India are established according to the Bye-Laws for State Chapters (Schedule 1).
b) These Bye-Laws may be modified by the EC with the approval of General Body.
c) All Full, Associate and Senior Members of the Association residing in the area of a State Chapter automatically become members of that State Chapter.
d) The Association of Surgeons of India will pay to State Chapters the prescribed fee (Chapter fees) every year as per rule 3D ( b )
e) The State Chapters may have their own constitution similar to and consistent with constitution of ASI and shall be in force only after approval by the Executive Committee of ASI.
f) Only Full Life Members of ASI are eligible to vote, contest and hold office at State Chapter of ASI.
g) Up to date list of State Chapters (Annexure II) and their Members shall be maintained by the Honorary Secretary.
h) The State Chapters will have to submit their audited accounts before 31st May every year which will be included in the Income Tax returns of the ASI Centre.
i) State Chapters are not eligible for any separate registration with the Registrar of Societies or for holding any PAN number with Income Tax department.
j) If the State Chapter gets dissolved, the assets of the Chapter will be merged with the Centre.
k) If any State Chapter is divided, the assets shall be divided among the Chapters proportionately on the basis of membership of each of the Chapter thus resulted.

10. Sections:

a) Specialty Sections of the Association are established according to Schedule II.
b) These Bye-Laws may be modified by the EC with the approval of General Body.
c) The Sections are eligible to collect their own fees.
d) The Sections may have their own constitution similar to and consistent with the constitution of ASI and shall be in force only after approval by the Executive Committee of ASI.
e) Only Full Life Members of ASI are eligible to vote, contest and hold office at Section of ASI.
f) Up to date list of Sections (Annexure III) and their Members shall be maintained by the Honorary Secretary of ASI.
g) The Sections will have to submit their audited accounts before 31st May every year which will be included in the Income Tax returns of the ASI Centre.
h) The Sections are not eligible for any separate registration with the Registrar of Societies or for holding any PAN number with Income Tax department.
i) In case the Sections gets dissolved, the assets of the Section will be merged with the Centre.

11. Publications: Journal, Others

The Association may publish its official journal called the Indian Journal of Surgery under the direction of the Editorial Board headed by a Chief Editor and 2 Editors elected once in every three years by the members of ASI.
The Chief Editor and 2 Editors, 10 Editorial Board Members and one Sectional Editor from each Section will be elected and 10 Associate Editors nominated for a single term of 6 years only. Half of the entire Editorial Board except the Editor will be changed every 3 years though all will have a single 6 year term.
a) Criteria for eligibility to contest Editorial Posts will be as follows:
i) Chief Editor: 20 published articles in Surgery, of which at least 10 in indexed journals and I term as Editor or Editorial Board member.
ii) Editor: 10 published articles in Surgery, of which at least 5 in indexed journals and 5 year experience of working in Editorial Board of any Surgical Journal.
iii) Editorial Board Member: 5 published articles in surgery of which at least 3 in indexed journals. There shall be no geographical restriction for eligibility to hold any of these Editorial posts.

b) The President, Vice President and Honorary Secretary of ASI shall be permanent ex-officio members of the Editorial Board.

c) The IJS will have its office in the ASI building at Chennai. The IJS Editorial Board can appoint a full time paid employee based at Chennai as Editorial Manager / Secretary.

d) The Editorial Board shall have the right to have separate by-laws for the conduct of publication of the Journal. These bye-laws have to be passed by 2/3 majority in the Editorial Board and then approved by the Executive Committee and endorsed by the GB and added to Schedule VII.

e) All money received by IJS shall be deposited in the IJS account maintained by ASI. An annual Audit report of IJS accounts and the budget requirements with justifications has to be passed by the Editorial Board and then forwarded to the Executive Committee for approval at its first meeting of each calendar year.

12. Academic Council for surgical education, training, research, awards, Fellowship, examinations:

a) The EC will constitute an 8 member surgical academic council consisting of 4 nominated zonal representatives (Renowned Teachers & Researchers shall be preferred) with the President, Vice President, Honorary Secretary and Honorary Treasurer as ex-officio members. It will be headed by one of the nominated members designated Director of Academics.
b) The nominated members of this council will have a 3 year term and can have a maximum of 2 terms.
c) This Council shall have the right to have separate by-laws under Schedule VIII and will be enforced after getting approval of EC & GB.
d) This Council shall have the following objectives:
i) Co-ordinate surgical education and training and establish system of examination and certification similar to systems managed by surgical associations in many commonwealth Countries.
ii) Should make available Self teaching material on ASI website and in virtual simulation kiosks at Conferences get endoscopy and surgery trainer kits available to members and develop teaching aids. Should conduct Teacher training courses and help members with re-certification.
iii) Obtain grants for Research from various research funding agencies and donors, manage the Research funds, encourage and support surgical research by members, coordinate multi centre trials, help member’s access references in paid journals, setup an ethics committee for clinical trials, help members get patents and commercialize their inventions.
iv) Identify and propose names of Eminent members for Annual Orations & Awards.
These members will be considered in addition to those nominated by members for Orations and Awards. None of the Committee Members or their family members will be eligible for Orations and Awards during their term. The finalized list of Awardees shall be submitted to the EC for approval. Any EC members name is included in the final list he shall leave the EC Meeting when this list is considered for approval.
v) Be responsible for checking the credentials of those applying for Fellowships.
vi) Help the Vice President in preparing the CME programme.
vii) Help put in place a system of CME credits for ASI members.
viii) Help set up “Chairs of Surgery” and nominate Eminent Surgeons to this Chair with assignments to teach and help in Research. Funds can be raised from donations or Philanthropists. (Like “Rockefeller chair of Surgery” in USA).

13. Social Welfare Council (SWC): For charitable surgical activities and public education.

a) The EC will constitute a 12 member Social Welfare Council consisting of 4 nominated zonal representatives and 8 ex-officio members. It will be headed by one of the nominated members designated Director of Social Welfare. President, Vice President, Honorary Secretary and Honorary Treasurer of ASI and President / Chairman of Sections will be the ex-officio members.
b) The nominated members of this council will have a 3 year term and can have a maximum of 2 terms.
c) This council shall have the right to have separate by-laws under Schedule IX subject to EC & GB approval.
d) This council shall have 4 committees and the following objectives:
i) Committee for Extending surgical facilities to deprived communities, holding surgery camps, setting up and staffing (by rotation) rural surgical facilities etc. shall be headed by President of Association Surgeons of Rural India (ASRI).
ii) Disaster management committee shall be headed by President of Association of Armed Forces Surgeons (AAFS).
iii) Committee for Public education on Cancer prevention etc., shall be headed by President of Indian Association of Surgical Oncology (IASO).
vi) Accident (Traffic, Industrial, etc.,) and Trauma (Including burns) prevention committee shall be headed by President of Indian Association of Trauma and Critical Care (IATCC).
e) Innovation for low cost surgical equipment and facilities.
f) Awards to recognize above activities by our members.
g) Training, Fellowship (after Hands on experience) in low cost community and disaster oriented surgery.

14. Complaints and Dispute Management Committees:

a) Fact Finding Committee of 3 members shall be constituted by the EC to enquire into each complaint of serious financial or election fraud or immoral or other undesirable activities by Office Bearers or members at Central, State, City, Sectional, Journal or other parts of ASI.

Report is to be submitted to the President and placed before the EC.

b) Dispute Management Committee of 3 members shall be set up by the EC to redress and resolve complaints, grievance, disputes etc., outside the court. All complaints from and disputes concerning ASI members, Sectional or State Chapters, IJS Editorial Board including disputes related to any Election process will have to be first referred to the EC. The EC can settle the dispute with a 75% majority or forward the dispute to the Dispute Management Committee for solution, conciliation / resolution. Only if this committee fails to resolve the problem should legal redress be sought by any member. Members with negotiating skills should be co-opted for this cell. The Members so aggrieved by the decision of the EC may prefer an appeal to the General Body. The decision of the General Body will be final. The resolution passed by the majority of the General Body shall be binding to all the members of the Association. Those who act against the interest of the Association or create hindrance to the functioning of the Association would risk disqualification / temporary suspension from EC / IJS / GB.

c) Legal Committee of 3 members should be set up by the EC to:
i) Address the Government about legislation affecting Surgeons.
ii) Advise the Office Bearers and EC on legal matters and court cases involving ASI.
iii) Advise the Members about Medico-Legal matters, Royalty payment, Copyright agreement and filing of patents.
iv) Advise the ASI on service conditions and remuneration (Salary / Honorarium / Professional fees) scales / percentages to surgeons by Health industry, Colleges & Hospitals.

d) Jurisdiction: As the ASI Headquarters is in Chennai, Courts at Chennai will have exclusive Jurisdiction with respect to any disputes concerning ASI Centre and its Sections (including its Elections, Publications & Financial activities) and will have concurrent Jurisdiction with courts at the Capital of the State where the Headquarters is located of the concerned ASI Chapter (or Section) with respect to any local dispute concerning the Chapter / Section.

15. Undesirable Activities and Disciplinary action:

a) Any member indicted on criminal charges in India or abroad will cease to be a member of ASI.

b) If a member is found to have indulged in undesirable financial, moral, electoral or other illegal activities or acts against interests or reputation of this Association and its members, either the EC or GB have the power to initiate disciplinary proceedings against the member if there seems to be prima facie case in such allegations properly brought forth. The Honorary Secretary should give the memo of charges in writing to the member on the advice of EC or GB. The EC or GB also has the power to keep the membership under suspension pending enquiry if the charges raised are of such grave nature and such suspension pending enquiry shall also be served to the member by the Honorary Secretary in writing. The matter may be referred to the Fact Finding Committee (14 a) which will conduct a factual enquiry and quantify the charges and the report will be given to the President to be placed before the EC for its deliberations. The member has to be given a chance to present his version and defend his case before the EC in 3 months time from the date of issuance of the notice on his suspension / memo of charges provided the member furnishes a reply within a months time of getting served of the notice. The observations of Executive Committee will be placed before the GB. Decisions including termination of membership can be taken only by GB if passed by a majority of not less than 3/4th majority of members present in an Annual General Body meeting with more than 200 members present.

c) The reasonableness of any decision taken by the GB as per clause 15 (b) shall not be questioned by anybody and is binding to all the members of the ASI.

SCHEDULE – I
GUIDELINES FOR STATE CHAPTERS OF ASI

1. Formation:
a) There shall be only one Chapter in each State or a group of States.

b) All Full Members of the ASI automatically become Full members of the State Chapter under the jurisdiction of which his residence is located.
c) A Full or Senior Member of the ASI may apply for transfer from one State Chapter to another if his residence is changed to another State.
d) The following State Chapters are already formed and approved by the EC and ratified by GB.

1) Andhra Pradesh
2) Assam
3) Bihar
4) Chhattisgarh
5) Delhi
6) Gujarat
7) Haryana
8) Jammu & Kashmir
9) Jharkhand
10) Karnataka
11) Kerala
12) Madhya Pradesh
13) Maharashtra
14) Manipur
15) Northern State Chapter
16) Odisha
17) Punjab
18) Rajasthan
19) Tamil Nadu & Pondicherry
20) Telangana
21) Uttar Pradesh
22) West Bengal
23) UK & Ireland

e) Any formation of new State Chapter needs approval of the Executive Committee.
f) Any change in Constitution of a State Chapter requires approval of the Executive Committee of ASI.

2. Name:- The State Chapters shall be called “name of the State” State Chapter of Association of Surgeons of India”.

3. Membership:- There may be two categories of Members:
a) Full member: A Full Member of ASI automatically becomes a Full Member of the State Chapter.
b) Associate Member: Any other qualified doctor, not eligible become Full Member of ASI, registered with the Indian Medical Council is eligible to become Associate Member of ASI is included in this category. Full or Senior Member of ASI not belonging to the State Chapter is eligible to become Associate Member of the State Chapter. Associate Members have to pay subscription of the State Chapters before they are eligible to their rights and privileges. Associate Members of State Chapters are not entitled to vote, contest or hold office or attend General Body Meetings.
c) The State Chapters may prescribe an admission form which every Full or Associate Members has to till and sign.

4. Year and Headquarters:- The State Chapter may decide the year and location of its Headquarters.

5. Local Branches:- Full Members of the State Chapter belonging to any City or locality may form Branches. They may have their own Constitution consistent with Constitution of the State Chapter.

6. Termination of Membership:
a) If a Full Member of the State Chapters ceases to be a Full member of ASI, he will cease to be a Full member of the State Chapter.
b) If an Associate Member of the State Chapter resigns or fails to pay the subscription by due date, he will cease to be Associate Member of the State Chapter.

7. Management:
a) The State Chapter will be managed by an Executive Committee consisting Office-bearers, elected representative and ex-officio Members. A Member of the Governing Council of ASI who is elected from that State Chapter will be ex-officio Member of the EC of the State Chapter.
b) Only Full Members of the State Chapter can be a Member of the Executive Committee of the State Chapter.
c) The Governing Council may send its observe to State Chapters at the time of Conferences, Meeting Election etc.,

8. Meetings:- The State Chapters may decide to hold Annual or other General Body Meeting, Scientific Meeting or social Meeting as per their requirements. However, only Full members of the State Chapters can attend Annual or other General Body Meeting or other business meetings.

9. Conferences:- The State Chapters may arrange for State level or zonal conferences as they think fit. Part of any savings from the conferences may be sent to ASI.

10. Annual Report:- A copy of the Annual Report of the State Chapter should be sent to ASI every year.

11. Accounts:- Yearly audited accounts of the State Chapters should be sent to ASI every year.

12. Journal:- The State Chapter may publish its own journal.

13. Income of State Chapter:- will be derived from:
a) Chapter Fees received from ASI
b) Admission Fee and Annual or Life Membership fees received from Members of the State Chapter.
c) Donations
d) Miscellaneous

14. Property of State Chapter:- The State Chapter shall have the power to purchase, construct or acquire on lease or in exchange or hire or by gift or otherwise any real or personal property and any rights or privileges necessary or convenient for the purpose of the Association and to improve, develop, manage, sell, lease, mortgage, dispose off, turn to account or otherwise deal with all or any part of the State Chapter.

15. Objectives:- The State Chapters have the same objectives as those of parent body. (ASI Memorandum III)

16. Utilization Funds:- The State Chapters shall utilize their funds only for the purpose of fulfilling their objects.

Schedule II

GUIDELINES FOR SECTIONS OF ASI

1. Formation:-

a) A group of 50 Full Members of the ASI may request the Governing Council to form a specialist Section of ASI If thought fit, the EC may approve the same.
b) Only Full Members of ASI are eligible to become Full Members of the Sections
c) The name shall be (Speciality) Section of Surgeons of India. Alternative name may be “Indian (Speciality) Association” but in that case, it should always be followed by “Section, Association of Surgeons of India”.
d) The following are the Sections already formed and approved by the EC.

1) Association of Colo-Rectal Surgeons of India (ACRSI)
2) Association of Genito Urinary Surgeons of India (AGUSI)
3) Association of Minimal Access Surgeons of India (AMASI)
4) Association of Surgeons of Rural India (ASRI)
5) Indian Association of Endocrine Surgeons (IAES)
6) Indian Association of Paediatric Surgeons (IAPS)
7) Indian Association of Surgical Gastroenterology (IASG)
8) Indian Association of Surgical Oncology (IASO)
9) Association of Thoracic and Vascular Surgeons of India (ATVSI)
10) Indian Association of Traumatology & Critical Care (IATCC)
11) Association of Armed Forces Surgeons (AAFS)
12) Association of Breast Surgeons of India (ABSI)

e) Any change in the Constitution of a Section requires approval of the Executive Committee.

2. Membership:- There may be two categories of Members:
a) Full Members: A Full Member of ASI practicing the particular speciality is eligible to be full member of the Section.
b) Associate Members:
i) A Full or Senior Member of ASI not included in (a) above is eligible to become Associate Member of the Section.
ii) A registered Doctor practicing the speciality and registered with Medical Council of India and Associate Members of ASI is also eligible to become Associate Member of the Section. Associate Members are only entitled to participate in Scientific and Social activities; they are not eligible to vote contest elections, hold office or attend General Body Meetings or other Business Meetings of the Section.
c) Sections can enroll as Life Members of ASI.
d) The Sections may prescribe an admission form, which every Full or Associate Member of the Section has to fill and sign.

3. Fees:- The Section is authorized to prescribe admission, annual or life subscriptions for its Full or Associate Members. The Section has to make its own arrangements to collect these fees.

4. Year & Headquarters:- The Section can decide its own year and location of its headquarters.

5. State Chapter of Sections:- The Section may have its State Chapters and Branches for Scientific activities.

6. Termination Membership:-
a) If a Full Member of Section ceases to be a Full Member of ASI, he will cease to be Full Member of the Section.
b) If an Associate or Full Member of the Section resigns or fails to pay his Section subscription by due date he will cease to be an Associate or Full Member of the Section.

7. Management:-
a) The Section will be managed by an Executive Committee consisting of Office bearers, elected representatives and ex-officio Members.
b) Only Full Members of ASI can be a Member of the Executive Committee of the Section.

8. Meetings:- The Section may decide to hold annual or other General Body Meetings, Scientific or Social Meetings as per its requirements. However, only Full Members of the Section can attend Annual or other General Body Meeting or other business meetings of the Sections.

9. Conferences: The Sections may arrange their own Conference as per their requirements. Part of the savings from conferences other than those along the Annual Conference of ASI may be sent to ASI.

10. Annual Report:- A copy of the Annual Report of the Section should be sent to ASI every year.

11. Accounts:- Yearly audited accounts of the Sections should be sent to ASI every year.

12. Journal:- The Section may publish its own newsletter or Journal.

13. Income of Section:- will be derived from:
a) Admission, annual or life membership fees received from different categories of Members of the Section.
b) Donations
c) Miscellaneous

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

15. Objectives:- The Sections have the same objects as those of the parent body concerning the speciality it represents (ASI Memorandum III).

16. Utilization of Funds:- The Sections shall utilize their funds only for the purpose of fulfilling their objects.