AIMA - CONSTITUTION:
(1) Name: The name of the association is Australian Indian Medical Association (Inc)
(2) Address: PO Box 665, Wembley WA 6913
(3) Description: The Association is an association for doctors of Indian subcontinent heritage and other doctors who have similar interests.
(4) Objectives:
4.1 The objectives of the Association are to: (1) Provide continuing medical education (2) Promote social and professional networking (3) Be involved in community and charitable activities locally and internationally.
4.2 The objectives are subject to the Incorporations Act 1987 and the Association may add other objectives which must be consistent with 4.1.
4.3 The property and income of the Association shall be applied solely towards the promotion of the objectives or purposes of the Association and no part of that property or income may be paid or otherwise distributed, directly or indirectly to member of the Association except in good faith in the promotion of those objects or purposes.
(5) Powers of Association
(5.1)The committee shall: (a) Manage functions of the Association, organise lectures, seminars and discussions on issues concerning the welfare of the Association and invite distinguished professionals to participate. (b) Open and operate bank accounts (c) Appoint agents to transact any business of the Association on it’s behalf. (d) Meet recurring expenditure (e) Not incur in any one year expenditure for general maintenance and repairs exceeding $20000.00 per year. (f) Acquire, hold, deal with and dispose of any real or personal property. (g) Invest it’s money: (1) in any security in which trust moneys may be invested; or (2) in any other manner authorised by the rules of the Association (h) borrow money upon such items and conditions as the Association thinks fit (i) give such security for the discharge of liabilities incurred by the Association as the Association thinks fit. (j) enter into any other contract it considers necessary or desirable.
(5.2) The powers of the committee in rule 5.1 shall not be exercised without a resolution passed by the majority of not less than 50% of the members entitled to vote and who actually vote in person at a general meeting notice of which shall expressly include notice of resolution under this rule.
(6) Members The members of the Association shall consist of : (a) Annual members (b) Associate members
(7) Qualification for membership
(7.1) Annual Members:
7. 1.a) Any medical practitioner currently registered in Australia of Indian subcontinent heritage.
7. 1.b) Any medical practitioner currently registered in Australia with similar interests.
7. 1.c) Annual membership fee not less than $ 100.00 plus GST and maybe varied by agreement by the members at an annual general meeting.
(7.2) Associate members:
7.2. a) Any previously registered medical practitioner of Indian subcontinent heritage or one who has similar interests
7.2. b) Any student studying MB BS in Australia or equivalent degree of Indian subcontinent heritage or one who has similar interests
7.2 c) A professional currently practising in their field, in Australia, whose area of professional interest, is directly related to the practice or teaching of medicine
7.2. d) Associate members have no annual fee and no voting rights.
(8) Register of Members
(8.1) The General Secretary shall on behalf of the Association keep and maintain in an up to date condition a register of members containing their full names, postal, professional, residential and email addresses, and upon the request of a member, shall make the Register available for inspection of the member and the member may make a copy of or take an extract from the Register but shall have no right to remove the Register.
(8.2) The Register shall not be made available to non members.
(8.3) The General Secretary shall delete from the register the name of a person who dies or who ceases to be a member under rule 9 and 10 respectively.
(9) Resignation of Members
(9.1) A member who submits his letter of resignation from the membership of the Association shall cease to be a member on receipt of the letter or email.
(10) Expulsion of members
(10.1) If the Committee considers that the conduct of a member is detrimental to the interest of the Association, the Committee shall make a written complaint and debate it at a meeting.
(10.2) The Committee shall upon considering the complaint, either dismiss the complaint or hold an inquiry to look into the conduct of the member.
(10.3) The Committee shall send to the member a notice and a copy of the Complaint, giving the date, the time and place at which the inquiry will be conducted; and such notice shall be sent at least 15 days prior to the commencement of the inquiry.
(10.4) During the inquiry the member shall be given full opportunity to answer the complaint of the Committee, but without prior written consent of the Committee shall not be entitled to legal representation.
(10.5) The Committee shall at the conclusion of the inquiry either dismiss the complaint or expel the member from the Association.
(10.6) All correspondence to the member under this rule shall be sent by certified mail or email to this postal address shown on the Register.
11. Management of the Association:
(11.1) The affairs of the Association shall be managed solely by the Committee.
(11.2) The committee shall perform it’s functions subject to rule 5 and consist of
(a) President
(b) Vice President
(c) General Secretary
(d) Treasurer
(e) Committee members – five in number consisting of Annual members.
(11.3) The committee shall be appointed for a term of one year and at the expiry of that term will be eligible for a further term of 1 year.
(11.4) A person who qualifies under rule 11.2 and 11.3 may at least 7 days before the Annual General Meeting submit his nomination for that position on the Committee.
(11.5) All nominations under this rule shall be submitted in the prescribed Form as made available by the General Secretary and supported by 5 members who will not be eligible to support any other candidate.
(11.6)
11.6.1- The committee members shall be appointed by election at the Annual General meeting by secret ballot, with each financial member having one vote.
11.6.2 – Votes to be counted by members of the Committee. Candidates are permitted to oversee vote counting.
(11.7) Three subcommittees will be formed
(1) Medical Education
(2) Social Events
(3) Community and Charitable events The sub committees will be run by Annual members.
(12 ) The President (12.1) The President shall preside at all Committee meetings (12.2) In the absence of the President from a Committee meeting, a Committee member elected by the other members present at the Committee shall preside at the Committee Meeting. (12.3) The President in consultation with the Committee may nominate a suitable person to represent the Association at external functions.
(13) The Vice President (1) The Vice President shall attend the majority of the Committee meetings ( at least 75% ) (2) Will chair any Committee meeting in the absence of the President. (3) Will be responsible for running the Association in the absence of the President or in the circumstance of the President’s resignation, expulsion or death.
(14 ) General Secretary The General Secretary shall (1) co-ordinate the correspondence of the Association (2) keep full and correct minutes of the proceedings of the Committee and of the Association and provide the Committee copies of minutes of all meetings. (3) Comply on behalf of the Association with (a) section 27 of the Act in respect of the Register. (b) Section 28 of the Act and shall keep in an up to date condition the Rules and upon request of a member of the Association shall make available those Rules for inspection of the member and the member may make a copy of or take an extract from the Rules but shall have no right to remove the Rules for that purpose. (c) Section 29 of the Act and shall maintain a record of the names and residential, postal, professional and email addresses of the office holders and Committee members. (4) have custody of all books, documents records and registers of the Association, including those referred to in Rule 14 (3) other than those required to be kept by the Treasurer under Rule 15 or maintained be the Committee. (5) Shall perform such other duties as are required by the Rules and the guidelines given by the committee.
(15) The Treasurer (15.1) The Treasurer shall (1) be repsonsible for the receipt of all moneys paid to or received by him on behalf of the Association and shall issue receipts for those moneys in the name of the Association; (2) pay promptly all moneys received into the account of the Association as the Committee may direct; (3) ensure that all vouchers and cheques for payment are signed by two of the following: President, Vice President, Treasurer, Secretary or one other Committee member; (4) keep such accounting records as correctly recorded and explain the financial transactions and financial position of the Association; (5) keep the accounting records of the Association in such manner as will enable true and fair account of the Association to be prepared annually ; (6) keep the accounting records of the Association in such a manner as will enable true and fair accounts of the Association to be audited. (7) Submit to the Committee an annual report, balance sheet or financial statement which shall be incorporated in the minutes of the meetings; (8) Have custody of all securities, books, and documents of a financial nature and accounting records of the Association, including those referred to in this Rule, and; (9) Perform such other duties as are imposed on him by the Rules. 15.2 (1) The Treasurer shall provide such information and documents as the Committee may require. (2) A book keeper may be appointed by the Committee to maintain the day to day financial records.
(16) Auditors: The members at an Annual General Meeting appoint two external Auditors. The auditor shall audit the financial records and Accounting statements of the Association and present to the Committee on or before 30th July in each year a certificate that the accounts present a true and fair view of the financial affairs of the Association and the records of finances have been kept in accordance with accepted accounting procedures.
(17) Financial Year The financial year of the Association shall begin on 1 July and end on 30th June.
(18) Bank Account: 18.1 The bank account of the Association shall be opened with a bank nominated prusuant to a resolution passed at the Annual General Meeting. 18.2 The bank account referred in Rule 18.1 shall be operated by the signatures of the President, Treasurer and two other Committee members, and in the absence of the President or the Treasurer a person nominated by the President.
(19) Vacancies in Committee 19.1 A vacancy shall be deemed to occur in the office of the Committee if the member : (a) dies; (b) resigns by notice in writing, delivered in the case of a committee member, to the President, if the Committee member is the President, to the General Secretary. (c) Is convicted of an offence under the Act or any other Act involving fraud or dishonesty, or is imprisoned, or becomes bankrupt; (d) Is permanently incapacitated by mental or physical ill-health. (e) Is absent without a valid reason from more than 4 committee meetings. (f) Ceases to be a member of the Association (g) Permanently leaves the Perth metropolitan area. 19.2 A vacancy under this rule shall be filled by the majority decision of the Committee.
20. Committee Meetings
20.1 The Committee shall meet together for the despatch of business not less than once in 2 calendar months and the President may at any time convene a meeting of the Committee. 20.2 Each Committee member has a deliberative vote. 20.3 A question arising at a Committee meeting shall be decided by a majority vote, but if there is an equality of votes, the person presiding at the Committee meeting shall have a casting vote in addition to his deliberative vote. 20.4 At a meeting four Committee members shall constitute a quorum. 20.5 Subjct to these Rules, the procedure and order of business to be followed at a Committee meeting shall be determined by the Committee members present at the Committee meeting. 20.6 A Committee member having any direct or indirect pecuniary interest referred to in section 21 or 22 of the Act shall comply with those sections and disclose such interest in writing to the Committee.
21. General Meetings
21.1 The Committee: (a) shall convene an annual general meeting before the end of October, (b) may at any time convene a special general meeting, (c) shall within 60 days of receiving a request in writing to do so from not less than one third of the members of the Register, convene a special general meeting for the purpose specified in that request.
21.2 The Committee shall not be bound to comply with the request in Rule 21.1 (c) unless: (a) the request states the purpose of the special meeting to be convened (b) states the precise motion, if any, to be passed at the special general meeting and whether the motion is a special resolution; and (c) the request carries the signatures and names of the required number of members.
21.3 If a special general meeting is not convened within the relevant period of 60 days referred to in Rule 21.1 (c) the members who made the request concerned may themselves convene a special general meeting as if they were the Committee for the purpose of Rule 21.1 (c) only.
21.4 When a special general meeting is convened under Rule 21.3 the Committee shall ensure that the members convening the meeting are supplied free of charge, with particulars of all members.
21.5 Subject to Rule 21.8, the General Secretary shall give to all members not less than 14 days notice of a general meeting and of any motions to be moved at the general meeting.
21.6 A notice given under Rule 21.5 shall specify : (a) when and where the general meeting is to be held; and (b) particulars of the business to be transacted at the general meeting concerned and of the order in which that business is to be transacted.
21.7 In the case of an annual general meeting, the order in which business is to be transacted is provided in Schedule 3 of these Rules.
21.8 The General Secretary shall give to all members not less than 21 days notice of a general meeting at which a special resolution is to be proposed and of any other motions to be moved at the general meeting.
21.9 The general Secretary may give notice under Rule 21.5 or 21.8 by ; (a) serving it on a member personally; or (b) sending it by post to a member at his postal, professional or email address on the Register.
21.10 When a notice is sent by post under Rule 21.9 (b) sending of the notice shall be deemed to be properly effected if the notice is sufficiently addressed and posted to the member by ordinary prepaid mail or successfully sent by email.
21.11 The President or his nominee shall preside over all general meetings.
22 Quorum and proceedings at general meetings
22.1 At a general meeting one third of financial members on the Register who are present constitute a quorum
22.2 If within 30 minutes after the time specified for the holding of a general meeting in a notice given under Rule 21.5 or 21.8 or as a result of a request or notice referred to in rule 21.1(c) or as a result of action taken under Rule 21.3 a quorum is not present the general meeting stands adjourned for half an hour and if at the adjourned meeting the quorum is not present, the members who are present in person shall proceed with the business of the general meeting as if a quorum was present; provided always that no special resolution can be passed at the meeting nor can the meeting alter, amend, rescind any of these Rules or any prior resolution of the Committee of the Association.
22.3 At a general meeting – (a) Subject to rule 5.2 an ordinary resolution put to the vote shall be decided by simple majority; and (b) A special resolution put to the vote shall be decide in accordance with section 24 of the Act. 22.4 A declaration by the chairperson at a general meeting that a resolution has been passed as an ordinary resolution thereat shall be evidence of that fact. 22.5 At all general meetings the voting shall be by secret ballot.
23 Minutes of the Association 23.1 The general secretary shall cause proper minutes of proceedings of all general meetings and committee meetings to be taken and entered within 15 days after the holding of each general meeting or the committee meeting as the case requires, in a minute book kept for that purpose. 23.2 The Committee shall cause proper minutes of all their meetings to be taken and then entered within 15 days of holding the meeting in a minute book kept for that purpose. 23.3 The chairperson shall ensure that the minutes taken under Rules 23.1 and 23.2 are checked and signed as correct by the Chairperson of the general meeting or Committee. 23.4 When minutes have been entered and signed as correct under this rule they shall until proved to the contrary is proved, be evidence that: (a) the general meeting or Committee was duly convened and held. (b) All proceedings recorded as having taken place at the meeting did in fact take place there at; and (c) All appointments or elections purporting to have been made at the meeting have been validly made.
24 Voting rights of Members of the Association 24.1 Subject to these Rules a financial member present in person at a general meeting is entitled to a deliberative vote each. 24.2 An Associate member is not entitled to vote.
25 Rules of Association 25.6 Subject to this Rule, the Association may amend Alter or rescind these rules in accordance with the procedure set out in sections 17, 18 and 19 of the Act. 25.7 Any notice of special resolution proposing to alter, amend or rescind Rules 4, 5, 7,10, 11, 21, 22.2 and 26, shall not be on the agenda of a general meeting unless 60% of the members of the Association sign such a notice and that prior written approval of at least 80% all the Committee members to issue the notice has been obtained. 25.8 These rules bind every member and the Association to the same extent as if every member and the Association had signed and sealed these rules and agreed to be bound by all their provisions. 25.9 The Committee shall have the sole responsibility of interpreting and giving effect to these Rules.
26. Common Seal of Association 26.1 The Association shall have a common seal on which it’s corporate name shall appear in legible characters. 26.2 The common seal of the Association shall not be used without the express authority of the Committee and every use of that seal will be recorded in the minute book referred to in Rule 23. 26.3 The affixing of the common seal of the Association shall be witnessed by and two of the President, Vice President, General Secretary, or Treasurer. 26.4 The common seal of the Association shall be kept in the custody of the general secretary or of such other person as the committee from time to time decides.
27 Inspection of Records of Association A member may at reasonable time inspect without charge the books, documents, records and securities of the association.
28 Distribution of surplus Property on winding up of the Association If on winding up of the Association, any property of the Association remains after the satisfaction of debts and liabilities of the Association and the costs, charges and expenses of that winding up, that property shall be distributed for charitable purposes, which incorporated association or purposes, as the cause requires shall be determined resolution of the members when authorising and directing the Committee under section 33(3) of the Act to prepare a distribution plan for the distribution of the surplus property of the Association.
