INTRODUCTION

Importance of Law: Laws are the very basis of cultured society. Abiding with them makes us civilized & saves us from lawless anarchy that exists in some parts of the world. Well intentioned, conceived and drafted laws permit smooth functioning of any society.  Weak, ambiguous, inadequate, bad laws with loop holes lead to exploitation, confusion & litigation.

A codified constitution (e.g. India, USA) is one that is contained in a single document, which is the single source of constitutional law. An uncodified constitution (e.g. UK) is not contained in a single document, instead consists of written sources: e.g. constitutional statutes enacted by the legislature and also unwritten sources: constitutional conventions, observation of precedents, President’s prerogatives, custom and tradition; together these constitute the law under Uncodified constitutions.

Codified constitutions normally consist of a ceremonial preamble(Memorandum), which sets forth the goals of the state/organization and the motivation for the constitution, and several articles of law (Rules & Regulations) containing the substantive provisions. The preamble, which is omitted in some constitutions, may contain a reference to fundamental values of the state/organization. By-law (listed under Schedules of ASI) can refer to a law of local or limited application, passed under the authority of a higher law specifying what things may be regulated by the by-law, or it can refer to the internal rules of a company or organization. Various updatable lists have been appended as Annexure to the ASI constitution.

Codified constitutions normally give the constitution supremacy over ordinary statute law (e.g. local by-laws of chapters, sections & IJS). That is, if there is any conflict between a legal statute and the codified constitution, all or part of the statute can be declared ultra vires by a court, and struck down as unconstitutional. In addition, exceptional procedures are often required to amend a constitution. These procedures may include: convocation of a special constituent assembly or constitutional convention, requiring a supermajority of members’ votes, a referendum process, and other procedures that make amending a constitution more difficult than passing a simple law. Constitutions may also provide that their most basic principles (Memorandum of ASI in our case) can never be abolished. In case a formally valid amendment of law (Rules & Regulations of ASI in our case) infringes these principles, it may constitute a so-called unconstitutional constitutional law.

This redrafted reclassified ASI constitution incorporates many administrative, electoral and other reforms and has new enabling provisions; hence it will also serve as a vision document for the future. It will help us reinvent ASI & ourselves to keep up with changes all around us.

 

CONTENTS

Memorandum

15 articles including 12 objectives in article 3.

Rules & Regulations

1. Name of Association
2. Legally permissible extension of certain words used
3. Membership: Categories, Eligibility, Application and acceptance, Subscription, Privileges, Cessation
4. Management of the Association: Governing Council, Office Bearers, Financial committee
5. Elections
6. Governing Council meetings
7. Association Meetings, Conference: AGBM, SGBM, ASICON
8. Amendments to the Constitution, and its Schedules (By-laws) and Annexure
9. State Chapters
10. Sections
11. Publications: Journal, others
12. Academics: Surgical education, training, awards, fellowship, examinations
13. Social Welfare
14. Complaints and Dispute Management
15. Undesirable activities and Disciplinary action

 

Schedules (By-Laws) for

 

1. State Chapters of ASI
2. Sections of ASI

• Elections of ASI & IJS

1. Elections of ASI State Chapters & Sections
2. Membership Subscription
3. Recognitions: Orations & Awards

• Indian Journal of Surgery
• Academic Council: Surgical education, training, research, fellowships &examinations

1. Social Welfare Council

 

 

Annexure Lists of (with year in which elected/instituted/last modified/awarded):

 

1. Current Governing Council members
2. Approved State Chapters

• Approved Sections

1. Subscription rates
2. List of orations and awards
3. Past Orators, Awardees, Guest Lectures, Honorary members

• Criteria for Best Section, State Chapter, City Chapter awards
• MOU for ASICON

 

Memorandum of Association of Surgeons of India

 

1. The name of the Society is “THE ASSOCIATION OF SURGEONS OF INDIA”.

 

5. The Registered Office of the Association will be situated at Chennai in the State of Tamil Nadu at 21, Swamy Sivananda Salai, Chepauk, Chennai-5.

 

• 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 & academic interaction among the Surgeons of India and abroad.
  3. To encourage scientific research and experimental work on surgical problems.
  4. To organize scientific programs e.g. Conferences, Workshops etcand to organize exhibitions of surgical and allied instruments and equipment and to encourage their improvement.
  5. To provide for Continuing Medical Education Programs for Post graduates 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 and advice Government on legislation affecting Surgeons.To extend surgical help to any deprived community, participate in prevention and treatment of cancer, trauma etc.and disaster management and other social welfare activities. To protect the interest of the members by helping them to deal with the 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 journal shall be the official organ of the Association of Surgeons of India.
  9. To arrange and conduct examinations including postgraduate examinations and award certificates and prizes on subjects connected with the science and art of Surgery.To establish an affiliated or autonomous surgical college/institute 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 other things as may be incidental to or conducive to the attainment of all or any of the above objectives.

 

1. The affairs of the Association shall be managed by a Governing Council elected from time to time as per the procedure detailed in Rules and Regulations Items 4 and 5 of this constitution. The current list of Governing Council members is given in annexure I

 

1. 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.

 

1. The income and property of the Association when so ever derived shall be applied solely towards the

promotion of the objectives of the Association as set forth in this Memorandum of the Association and no portion shall be paid to individual members as dividends, bonus or gift.

 

• The Governing Council or any of its members shall not be held responsible for loss of any property

unless it is due to willful default or negligence.

 

• The Governing Council shall have full power of control and 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.

 

1. The Governing Council shall have power to invest and deal with the money of the Association and

borrow such sums of money as it may resolve as tending to benefit the Association.

 

1. 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 way as the Governing Council may in its sole discretion think proper and the Governing Council may at its discretion change the investments in order to better fulfill the objectives of the Association and also spend for such objectives the entire money and the properties of the Association without necessarily constituting or creating a permanent endowment.

 

1. The Association shall have power to purchase, construct or acquire on lease or in exchange or hire or by

gifts 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.

 

• 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 or Associations, Institution or Institutions having objectives similar to any of the objectives of this Association to be determined by the votes of not less than three fifths 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 courtbased on the rule of cypre. A competent court will appoint receiver to look after and guard the properties.

 

• The Association may make new laws (rules and regulations) or by-laws (guidelines) of the Association

for its smooth running. The Association is authorised to delete, change or add laws (rules and regulations) or by-laws (guidelines)when found necessary.

 

• The Association year shall be from first January to thirty first December for administrative purpose but

the financial year will be from first April to thirty first March.

 

1. A copy of the Rules and Regulations of the Association passed by the General Body is given below.

 

 

Rules and Regulations

1. Name of 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 vice-versa and writing shall include printing, lithograph, electronic media or other substitute for writing.

 

3. Membership:- Categories, Eligibility, Application &Acceptance, Subscription, Privileges & Cessation
4. Categories: The Membership of the Association shall be of six categories:

 

• Full Life Member: Medical practitioner registered in India under the IMC Act 1956or recognized by Government of India and practicing, teaching, doing research in the science and art of Surgery and holding a postgraduate qualification in surgery (including its specialties) recognized by Government of India shall be eligible for full life membership. He / She has to a pay life subscription as detailed in annexure IV. He has to be of Indian nationality.
• Associate Life Member: Medical practitioner registered in India under IMC Act 1956,or recognized by Government of India and engaged in the practice of branches of medical sciences auxiliary to surgery or who is a postgraduate student in a MCI or Government of India recognized surgery course is eligible to become an Associate member. He will have to pay the same life subscription as that of a full member. Associate Member may be advanced to Full Membership on his being eligible for the same.
• Honorary Member: (Honorary Fellowship- Nomenclature changed)A person considered suitable and desirable by the Governing Council may be enrolled as Honorary Member, subject to the following rules.

1. Candidates shall be persons internationally recognised in their fields.
2. They should have trained Indian Surgeons or visited India for academic purposes.

• The proposal along with all records of the candidates should reach the Hon. Secretary by 1^st October each year for the following year.

1. The selected candidate should present himself personally to receive the Honorary Membership / Fellowship of the Association.
2. The number of Honorary Members admitted shall not exceed three during any year.

• Overseas Member: Medical practitioner registered in countries other than India and practicing the science and art of Surgery shall be eligible for membership of this category. He should hold recognized postgraduate qualification in Surgery (including its specialties). He may be a foreign national. He has to pay life subscription, as detailed in annexure IV.
• 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 hounors of ASI. Those eligible under rule 3 A (a) and above 60 years of age can become a Senior Member by payment of 50% of the life subscription.
• Full Annual Members: Existing annual members 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 payment of appropriate fees as mentioned above. No new admission will be made in this category.

 

1. Eligibility: The Governing Council 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.

 

1. Application and acceptance:

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

 

1. Subscription

• All new Members except Honorary Members shall pay Admission fee and Life subscription as decided by the General Body from time to time (See annexure IV)
• 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.
• Senior Members are exempted from paying annual subscription.
• Honorary Members do not have to pay any subscription.
• All subscriptions from existing annual members are payable in advance i.e. before 1^st January, of that year.
• All admission fees and life subscriptions should be directly deposited in ASI account before granting membership. Such fees and subscriptions due to ASI should not be paid into State or Sectional chapter or Conference or other accounts.

 

1. Privileges of Membership

• All Full 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.
• All Senior Members, Associate Members, Overseas Members and Honorary Members shall be entitled to participate in all social and scientific activities of the Association and they shall receive the electronic or hard 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 awards of the ASI.
• Members in arrears of subscription or any other dues to ASI will not receive the IJS and will not be allowed to participate or vote in elections, hold office, attend General Body or other business meetings and will be disqualified from orations, awards, honors and all ASI activities.

 

1. Cessation of membership does not absolve the person from any outstanding dues to the association.

Membership of the association shall cease:

• If the Member resigns or dies.
• If an existing Annual member has not paid his subscription or any other dues for one year after it has become due and payable and Hon. Secretary has given him a notice by registered A.D. post demanding payment and he fails to clear all dues 21 days after receipt of this notice, his membership shall be terminated. Such person may be reinstated as Member at the discretion of the Governing Council, only on payment of all outstanding dues.
• If a member’s Membership is terminated as per rule 15 a &b.
• No person shall question the reasonableness of the resolution passed under clause 3F(c) and such decision shall be final.

 

4. Management of the Association

 

The Management of the Association shall be vested in the Governing council.

1. Constitution of Governing Council:- Governing Council will consist of:

(a). President

(b). President-elect: President elected for the next year.

(c). Members of the Governing Council from approved State Chapters of ASI shall be elected in proportion to the strength of membership of Chapters as on 30^th  June of the previous year, as per the following pattern.

 

No. of full Life members	No. of GC Members
Up to 149	Nil
150 to 349	1
350 to 599	2
600 to 899	3
900 & above	4 Maximum

 

  (i).Only Full Members of ASI belonging to that State Chapter will be considered for the

Membership strength.

(ii). Each of these Governing Council Members will hold office for 3 years. Therefore, this

election will take place every 3 years.

(iii).A group of State Chapters may be joined together to be eligible to elect a member of

the Governing Council.

(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.

 

(d). Members nominated to the Governing Council

(i).to fill vacancies till next elections

(ii).to represent National State Chapter areas

(iii).for a specific academic, ASICON or other ASI objective

 

(e). Ex-Officio:

       (i).Immediate Past President of the Association

       (ii).Ex-Officio: Three Presidents of Sections of ASI by rotation from the alphabetical list of

approved sections of ASI. The persons holding office on 30^th December will become Members

of the Governing Council 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 GC post will remain vacant. President and the Governing Council shall

have the power and right to by-pass the section if they are not active or not co-operating with the

centre in administrative and financial obligations as provided in the constitution.

(f). Special invitees: The Chief Editor of IJS, Director of Academics, Director of Social Welfare,

Organising Chairman and Hon. Secretary of ASICON or any CME as deemed necessary by

the President, Hon. Secretary and the Governing Council can be made a special invitee to any

meetings. But the special invitees have no right to participate in any voting process.

 

1. Limitations to hold office

(a).Members of the Governing Council including office bearers whether elected, nominated or ex-

officio shall not hold office for more than 6 years. At the end of 6 years they will have to resign even

if they have not completed their 3 year elected term. This does not apply to the Elected President

who can hold office for 9 years including 1 year as President and subsequent year as ex-officio

member. There will be no exemption to this rule. The limitation of 9 years is applicable to

everyone and is overriding over other provisions.

(b).Hon. Secretary of ASI cannot also be Organising Secretary of ASICON.

 

1. Functions & Powers of GC:

(a).Resolutions of the Governing Council regarding management and administration shall ordinarily

bind the Association.

(b).The Governing Council may appoint a Full time Administrative Officer & staff (non-members),

who may be given specific duties and day to day management. It may appoint an auditor, lawyer or

other required professionals or agency (e.g. for e-voting) for any purpose as deemed fit for the

function of ASI.

(c).The Governing Council by a resolution supported by 75% of the GC in person, proxy, email or post

can:

(i). Create new sections and chapters.

(ii). 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 and sections will finally belong to ASI and can be

utilized for development and growth of ASI.

(iii).Modify the Schedules (By-laws or guidelines)& Annexure to the constitution.

(iv).Add new articles of law (Rules & Regulations), By-laws (under Schedules) & Annexure to

the constitution as described in rule 8.These actions will have to be later endorsed by

the General Body.

 

1. Election of Office bearers from within GC:

(a). A Governing Council member shall be elected Hon. Secretary and another as Hon. Treasurer by

the Governing Council at its first meeting of the year.

(b).Eligibility

    (i).Hon. Secretary & Treasurer should preferably have completed one full term as GC members.

    (ii).They can be from anywhere in India.

    (c). A GC member may be appointed as Honorary Joint Secretary by the President at his discretion.

 

1. Functions & Powers of the President:

(a). The President shall preside at General Body and Governing Council meetings.

(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 being.

(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 GC to take any decision required to manage

any contingency for which rules have not been framed here. Such decisions will have to be ratified

at the next GC and 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 GC member as his representative (will be guest of honor at the inauguration)

and also as  an observer to the General Body Meetings of chapter/ section.

(h). The President will take over the office during the Annual General Body meeting along with

the ASICON each year.

 

1. Functions & Powers of President-elect

(a). In the absence of the President, he will perform all his duties.

(b).The President elect will be the Chief Election officer for the annual and any midterm ASI,

IJS election. Any fresh election following a disputed chapter or sectional election will be conducted

From head quarters of ASI by the President elect.

(c). The President Elect will be in charge of all academic activities of ASI.

 

1. Functions & Powers of Hon. Secretary

(a). He shall be the principal executive officer of the Association.

(b). He will execute all resolutions of the Governing Council.

(c). He will call meetings in consultation with the President and keep all records including the minutes

of all General Body Meetings and Governing Council Meetings.

(d).He will spend money within the limits laid by the Governing Council.

(e).It will be his duty to inform all members the decisions of the Governing Council within 3 months

of the G.C. Meetings.

(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 Hon. Secretary.

(h).He is the protocol officer and has to maintain protocol at all ASI meetings and functions.

(i).He has to ensure that all ASICON deadlines are met including the preparation of the scientific

program, 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

request from any member.

 

 

1. Functions & Powers of Hon. 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 year at the Annual General Body Meeting. The Auditor will be appointed by

Governing Council.

(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 instruction from the Governing Council or

as delegated by the Hon. Secretary.

 

1. Cheques or other negotiable instruments shall be jointly signed by Treasurer and either Secretary or President.

 

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

 

1. C. Member other than the President and the President-elect may delegate his function in writing to

any other member of the Governing Council when he is not able to function due to illness or any other unavoidable circumstances.

 

1. Vacancy during term in office

Vacancies occurring by resignation or otherwise during year/term shall be filled as under:

 

         (a). President:  The vacancy will not be filled. The President Elect will take over as President and

Continue with his original term.

  (b). President-elect: President for the next year: A Mid-term election by electronic voting shall be held as

per schedule in 5(c).This will be done by the ASI office with the President as the Chief Election

officer. If during this procedure the year gets over, the elected candidate will directly assume the office

of the President.

   (c). Governing Council 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. If the

vacancy arises during the third year of his tenure, it will not be filled. The incumbent will hold office

for the rest of the tenure of 3 years. If any GC member gets elected as President elect, another member

from his state chapter will be nominated till the next election.

   (d). Hon. Secretary/ Hon. Treasurer: The Governing Council will elect a new Office-bearer from its

own members for the rest of the year.

(e).Ex-officio under 4A (e), (f): The vacancy will not be filled.

 

5. Elections

(a). ASI &IJS Elections will be conducted as per By-laws in Schedule III and Chapter & Specialty

Section elections as per Schedule IV.

(b). Schedule: Election of the Members to the ASI Governing Council and IJS editorial board every third

year for the next 3 years and election of the President every year for the third year shall be held by

secure online electronic voting as per the following time schedule:

(i).The list of voters who can take part in the voting process shall be prepared and finalized as

of 30^thJune 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 and 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 31^st July.

(iii). Last date for receiving nominations is 31^st August. Scrutiny of nomination will be done on the first

working day after31^stAugust 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 15^th September.

(v). If there is no contest, the result will be declared on 16^th September. Copy of this is immediately

sent to all G.C. members.

(vi). Electronic online voting will be conducted from 1^st October to 15^th November.

(vii). Declaration of result will be done on the next working day after 15^th November at the Head

quarters at Chennai by the Chief Election officer. The exact date and 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.

(ix). GC 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: 1½ months after (i).

(iv). Electronic online voting will be conducted for 1 month after (iii)

(v). Declaration of results will be on the next working day after last date for voting at the ASI Head

quarters at Chennai.

 

(d).Death of candidate:

If a candidate dies anytime during the election process, there will be no change in the election

procedure or schedule unless he is the only nominee. A condolence message should be sent to the

family with email copies to all members. If death occurs before start of polling, the e voting should

proceed for the rest of the contestants after deleting the deceased contestant’s name. If an elected

candidate dies during e voting and wins or dies before taking charge of office, the candidate with

the next highest number of votes will be declared elected.

 

(e).Eligibility:
(i).Nominations for the post of President shall be from Full Life Members with voting rights of not

less than 10 years standing in the Association. They should have been elected at least once to the

Governing Council in the past. Candidates from areas/ groups not eligible to have been represented

by an elected GC member should have been a member (nominated or ex-officio) of GC at least for

one term.

(ii). Nomination for the post of Governing Council 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 eat least once and should

have completed one full term. The nomination shall have the proposer and seconder from the same

state and shall be preferably endorsed by the state executive.

(iii).Nominations for more than one of the following posts simultaneously will not be accepted:

President Elect, Chief Editor IJS and Governing Council Member.

 

(f).Electorate: All registered ASI members as on 30^th June of every year 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 GC member.

 

6. Governing Council Meetings

(a).The Governing Council shall meet at least once a year, preferably four times once in March-April, once

in August-September (with office bearers, audited accounts & academic programs of state & sectional

chapters) and twice at the annual conference.

(b).Any ten members shall form a quorum.

(c). The President, when present, shall preside at all meetings of the Governing Council and in his absence

President-elect shall preside. If both the President and the President-elect happen to be absent the

meeting may elect its own Chairman and for the purpose of the meeting, 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 every case of a tie,

the President or Chairman shall have an additional or casting vote.

(e).The voting will be by show of hands only except for election of office bearers.

(f). Video recordings with voice tracking should be available of any previous meeting whose minutes have

to be passed.

(g).Whenever it is found inconvenient to call for a meeting of the Governing Council and the Hon.

Secretary deems it desirable that the opinion of the Governing Council should be obtained on any

particular matter, he shall do so by electronic mailer by video-conferencing and act in

accordance with the opinion of the majority among at least 15 GC members, provided it is endorsed by

the President. Such decisions should be included in the minutes of the next GC meeting for

endorsement.

 

7. Association Meetings: AGBM, SGBM, ASICON

(a).President shall preside over all ASI meetings. He can depute President-elect or in the absence of

President Elect any other senior G. C. member if he is unable to do so.

(b). Hon. Secretary of ASI or any of its sections or chapters on the advice of the respective

President/Chairman can call for a GB or GC/EC meeting of the concerned body. A SGBM can also

Be called by 75% of the entire GC/EC or 25% of all voting members in case of death of/disability

of/infighting between the Hon. Secretary & President/Chairman.

(c).AGBM: 6 weeks before the date of Annual General Body Meeting, the Hon. Secretary shall circulate

by post / email to all Members of the Association the Annual Report of the year, the statement of

audited accounts of the preceding year, un-audited accounts up to 30th September of the current year

with the notice and agenda of the General Body meeting. The publication of such data at the official

website of the Association 6 weeks prior to the date of Annual General Body meeting can also be

considered as valid intimation to all members for all legal purposes. 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 available of any previous meeting whose minutes have to be passed.

(d).SGBM: 6 weeks before the date of any Special General Body Meeting, the Hon. Secretary shall

circulate by post / email to all Members of the Association, the notice and the specific agenda of the

meeting. Such notice put 6 weeks prior to the date of SGBM at the website of ASI is also to be held

valid for legal purpose. 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 300 all Full ASI

members.

(e).Any Member desirous of moving a resolution at the time of the General Body Meeting shall intimate

the text duly proposed and seconded to the Hon. Secretary at least two months before the date of the

General Body Meeting. The Secretary shall include this in the agenda.

(f).The venue of any GBM should be secured and only members with voting rights and staff should be

permitted into the venue. Hon. Secretary should ensure that office bearers & members attending any

ASI GBM have bar coded ASI photo identity cards or their photo & complete up-to-date details are

Available in the ASI database and are genuine voting members and their names & numbers are entered

in the attendance register and computer correctly before permitting entry into the GBM.

(g).The quorum for the General Body Meeting shall be 100 members. If there is no quorum, the Meeting

shall be adjourned for 15 minutes and will then reassemble even if there is no 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.

 

8. Amendments:-to the Constitution, and its Schedules (By-laws) and Annexure

Memorandum of Association and Rules and Regulation (Laws) can be amended (including deletions

And additions) by a special resolution passed by the General Body of the Association provided:

(a). Any amendment(s) proposed by:

1. a full member with voting rights and seconded by another full member with voting rights or
2. the Governing Council or

• members of a specially constituted Constitution amendment committee

is(are) circulated to all the members of the Association with voting rights at least thirty days prior to the date of the proposed annual or special General Body Meeting. Publishing the proposals at website with electronic information to all members also will be considered valid.

(b). 51% of all registered voting members vote in favour of the amendments by online e-voting or at the

Annual General Body meeting or at a Special General Body Meeting by post or proxy or in person. Modifications can be made to the proposed amendment on the floor of the house.

• 75% of all registered voting members present in person at a second GB meeting held a year or more after the first meeting at which required votes for passing the resolution could not be obtained, vote in favour of the amendments. The resolution can be modified during the intervening period on the basis of inputs from members provided members are notified the revised text sixty days prior to the second meeting by email.

 

The Schedules (By-laws or guidelines) & Annexure to the constitution may be modified by the Governing Council and new By-laws (under Schedules) added and later endorsed by 75% of votes from members present at the Annual General Body Meeting.

 

9. State Chapters

(a). State Chapters of the Association of Surgeons of India are established according to the By-laws for State

Chapters (Schedule I)

(b). These By-laws may be modified by the Governing Council and later endorsed by the 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 Governing Council of ASI.

(f).Only Full 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

Hon. Secretary.

(h). The State chapters will have to submit their audited accounts before 31^st 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). In case the state chapter gets dissolved, the assets of the chapter will get merged with the centre.

(k).In case any state chapter gets divided the assets shall be divided 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 By-laws may be modified by the Governing Council and later endorsed by the 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 constitution of ASI.

and shall be in force only after approval by the Governing Council of ASI.

(e). Only Full 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 Hon. Secretary.

(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.

    (j). In case the section gets dissolved, the assets of the chapter will get 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 two Editors elected along with the GC once every 3 years

by the members of ASI. The Chief Editor and two 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.

1. Criteria for eligibility to contest Editorial posts will be as follows:
2. Chief Editor: 20 published articles in surgery, of which at least 10 in indexed journals and one term as Editor or Editorial Board member.
3. Editor: 10 published articles in surgery of which at least 5in indexed journals and 5 years experience of working in Editorial Board of any surgical journal.
4. 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.

1. The President, President-elect and Hon. Secretary shall be permanent ex-officio members of the Editorial Board.
2. 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.
3. The Editorial Board shall have the right to have separate by-laws for the conduct and publication of the Journal. These by-laws have to be passed by 2/3 majority in the Editorial Board and then approved by the Governing Council and endorsed by the GB and added to Schedule VII
4. 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 Governing Council for approval at its first meeting of each calendar year.

 

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

(a) The GC will constitute an eight member surgical academic council consisting of four nominated zonal representatives(Renowned teachers & researchers shall be preferred)with the President, President-elect, Hon. Secretary & Hon. 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 in force after getting approval of GC & GB.

(d) This council shall have the following objectives:

1. Coordinate surgical education& training and establish system of examination and certification similar to systems managed by surgical associations in many commonwealth countries.(Like FRCS, MRCS)
2. Should make available Self teaching material on ASI website and in virtual simulation kiosks at conferences, get endoscopy& surgery trainer kits available to members and develop teaching aids. Should conduct teacher training courses and help members with recertification.

• Obtain grants for research from various research funding agencies and donors; manage a Research fund; encourage and support surgical research by members; coordinate multicenter trials; help members access references in paid journals, setup an ethics committee for clinical trials; help members get patents& commercialize their inventions.

1. 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 & Awards. None of the committee members or their family members will be eligible for Orations & Awards during their term. The finalized list of awardees shall be submitted to the GC for approval. If any GC members name is included in the final list he shall leave the GC meeting when this list is considered for approval.
2. Be responsible for checking the credentials of those applying for Fellowships.
3. Help the President-elect in preparing the CME program

• Help put in place a system of CME credits for ASI members.
• 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: for charitable surgical activities & public education

(a). The GC will constitute a 12 member Social Welfare Council consisting of four nominated zonal

representatives, 8 ex officio members. It will be headed by one of the nominated members designated

Director of Social Welfare. President, President-elect, Hon. Secretary & Hon. 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 separate by-laws under Schedule IX subject to GC & GB approval.

(d).This council shall have 4 committees &the following objectives:

(i). Extending surgical facilities to deprived communities including holding surgery camps, setting up &

staffing (by rotation) rural surgical facilities, etc. Committee shall be headed by President ASRI.

(ii). Disaster management. Committee shall be headed by President AAFS.

(iii). Public education on cancer prevention etc. Committee shall be headed by President IASO.

(iv). Accidents (traffic, industrial, etc.) & trauma (incl. burns) prevention. Committee shall be headed by

President IATCC.

(v).Innovation for low cost surgical equipment & facilities.

(vi). Awards to recognize above activities by our members.

(vii). Training, fellowship (after hands on experience) in low cost community & disaster oriented surgery.

 

14. Complaints and Dispute Management

(i) Committees

a). Fact finding Committee of 3 members shall be constituted by the GC 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 to be

placed before the G. C.

b). Dispute Management Committee of 3 members shall be set up by the GC to redress & 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 GC. The GC 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 problems should legal redress be sought by any member. Members with negotiating skills should be co-

opted for this cell. Those who directly approach the courts, or continue to drag matters in court after

accepting a settlement should risk disqualification/temporary suspension from GC/IJS/GB.

c).Legal committee of 3 members should be set up by the GC to advise the:

(i). Government about legislation affecting Surgeons.

(ii). Office bearers & GC on legal matters and court cases involving ASI.

(iii). Members about medico-legal matters, royalty payment, copyright agreement and filing of patents.

(iv). ASI on service conditions &remuneration (salary/honorarium/professional fees)scales/ percentages to

surgeons by health industry, colleges & hospitals.

 

(ii). Jurisdiction: As the ASI headquarters is in Chennai, Courts at Chennai will have exclusive jurisdiction

with respect to any dispute 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

head quarters is located of the concerned ASI chapter (or section) with respect to any local dispute

concerning the chapter.

 

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 activities or acts

against interests or reputation of this association and its members, the GC 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 Hon. Secretary should give the memo of charges in writing to the member on

the advice of GC or GB. The GC 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 Hon. Secretary in writing. The matter may be referred to the fact

finding committee which will conduct a factual enquiry and quantify the charges and the repost will be

given to the President to be placed before the GC for its deliberations. The member has to be given a

chance to present his version and defend his case before the GC 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 month’s

time of getting served of the notice. The Governing Council has the power to make the final decision on

this matter. Decisions including termination of membership can be taken only if passed by a majority of not

less than three fourths of the then total Council Membership, a resolution terminating his Membership and

this action is confirmed by not less than two thirds 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 GC as per clause 15 (c) shall not questioned by anybody.

 

 

Schedules (By-Laws)

 

Schedule I

By-Laws for State Chapters/city-regional branch 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 A.S.I. automatically become Full Members of the State Chapter under the

jurisdiction of which their residence is located.

(c). A Full or Senior Member of the A.S.I. may apply for transfer from one State Chapter to another if his

residence is changed to another state.

(d).Formation of any new State Chapter needs approval of the Governing Council. The current list of

Approved state chapters is given in Annexure II.

(e).Any change in Constitution of a State Chapter requires approval of the Governing Council.

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

of India.

3. Membership:

(a).There may be three categories of Members:

(i& ii) Full or Senior member:  A Full or Senior Member of A.S.I. automatically becomes a Full or Senior

Member of the State Chapter.

(iii) Associate Member: Any other qualified doctor, not eligible to become Full Member of A.S.I.

registered with the Indian Medical Council is eligible to become an Associate Member of the State

Chapter. Associate Member of A.S.I is also included in this category. Full or Senior member of A.S.I.

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 Chapter before they are eligible to their

rights and privileges. Associate or Senior Members of State Chapters are entitled to attend only

scientific and social meetings. Associate or Senior Members of State Chapters are not entitled to vote,

contest or hold office or attend General Body Meetings or other business meetings.

4. Year and Headquarters:

The State Chapter/city-regional branch year will be the same as that of ASI .The State Chapter may decide

the year and location of its Headquarters anywhere in the chapter region but cannot insist that its office

bearers are only from the location of its headquarters. It can move its office to the location of its secretary if

it does not have a permanent office. Any state chapter can choose to have its office in the ASI building and

pay reasonable charges.

5. Local Branches:

Full Members of the State Chapters belonging to any City or locality may form Branches. They may have

their own constitution consistent with the Constitution of the State Chapter and ASI. The City or regional

Branches shall be called “Name of the City or region” Branch of the Association of Surgeons of India. They

can enroll associate members as defined and governed by rule 3(a)(ii) above.

6. Termination of Membership:

(a). If a Full member of the State Chapter/city-regional branch ceases to be a Full Member of A.S.I. or

migrates out of the state and makes request for such a change, he will cease to be a Full member of the

State Chapter/city-regional branch.

(b). If an Associate Member of the State Chapter/city-regional branch dies, migrates out of the state, resigns,

fails to pay the subscription by due date or his membership is terminated for undesirable activities he will

cease to be Associate Member of the State Chapter/city-regional branch.

7. Management:

(a). The State Chapter will be managed by an Executive Committee consisting of Office-bearers, elected

representatives and ex-officio members. Any Member of the Governing Council of A.S.I. who is elected

from that State chapter will be ex-officio Member of the E.C. of the State Chapter, city-regional branch.

(b). Only Full Members of the State Chapter/city-regional branch can be Members of the Executive

Committee of the State Chapter/city-regional branch.

(c). The Governing Council may send its observer to State Chapter at the time of Conferences, Meetings and

Elections etc. The State Chapter may send its observer to city-regional branch at the time of Conferences,

Meetings and Elections etc.

8. Meetings:

(a). The State Chapters/city-regional branch 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/city-regional branch can attend Annual or other General Body Meeting or other business

meetings. The dates and venue of annual State Chapter or zonal conference should be discussed with

Hon. Secretary of ASI before finalization to avoid multiple conferences on the same dates. The dates and

venue should be finalized at least 6 months in advance of the conference and then notified to the ASI office

for inclusion on the ASI website. The ASI has to list the meeting on its website and provide space for its

details or a link to the conference website if it is separately put up.

(b).The President has to be invited at least 6 months in advance to the zonal or annual State Chapter

conference as per rule 4E(g).

(c).The venue of any state or city-regional branch GBM should be secured and only voting members and

Officials with bar coded ASI photo ID card should be permitted into the venue. Secretaries of every state

Chapter and its city-regional branch should ensure that its office bearers & members attending any state or

city-regional branch GBM have bar coded ASI photo identity cards or their photo & complete up-to-date

details are available in the ASI database and are genuine voting members and their names & numbers are

entered in the attendance register and computer database correctly before permitting entry into the GBM.

9. Conference:

The State Chapters may arrange for State level or zonal conferences as they may think fit. If a state

conference is held by a city chapter, a fixed amount based on registration and 50% of savings should go to

the state chapter.

10. Annual Report:

A copy of the Annual Report of the State Chapter should be sent to A.S.I.  before 30^th June every year. A

copy of the Annual Report of the city-regional branch should be sent to State Chapter& ASI before 30^th

June every year.

11. Accounts:

Yearly audited accounts of the State Chapters should be sent to A.S.I. before 30^th June every year. If they

fail to do so they have to forfeit their ASI dues. A copy of the Annual audited accounts of the city-regional

branch should be sent to State Chapter & ASI before 30th June every year.

12. Journal: The State Chapter may publish its own Journal.
13. Income of State Chapter will be derived from:

(a). Chapter dues given from the centre

(b). Admission Fee and Annual or Life Membership fees received from Associate Members of the state

Chapter.

(c). Donations

(d).Proceeds from State & city chapter conferences, workshops, CMEs, etc as per clause 9

(e).Miscellaneous including advertisements in newsletters, members address book, website etc.

14. Property of State Chapter/city-regional branch:

The State Chapter/city-regional branch 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 of privileges necessary

or convenient for the purpose of the Association and to improve, develop, manage, sell, lease, mortgage,

dispose of, turn to account or otherwise deal with all or any part of the State Chapter/city-regional branch.

15. Objectives: The State Chapters have the same objectives as those of parent body.(A.S.I. Memorandum III).
16. Utilisation of Funds: The State Chapters shall utilize their funds only for the purpose of fulfilling their

objectives.

17.Elections: State chapters are encouraged to have e-voting similar to that at the centre. If there is a dispute at

the state chapter elections, GC of ASI has the right to have electronic re-poll/ re-election done with ASI

President elect as the Election officer and the expenses shall be taken from the chapter dues from the centre.

 

 

 

SCHEDULEII.

By-Laws for Specialty Sections of ASI

1. Formation:

(a). A group of 50 Full Members of the A.S.I. may request the Governing Council to form a Specialist Section of A.S.I. and if thought fit by the G.C., it may approve the same.

(b). Only Full Members of A.S.I. are eligible to become Full Members of the Sections.

(c). The name shall be named as (Specialty) Section of Surgeons of India, Alternative name may be “Indian (Specialty) Association” but in that case, it should always be followed by Section, Association of Surgeons of India.

(d). The Sections shall be formed and approved by the Governing Council. The current list of approved sections is given in Annexure III.

(e). Any change in the Constitution of a Section requires approval of the Governing Council

2. Membership:
3. There may be two categories of members:

(i). Full Members: A Full Member of A.S.I. practicing the particular specialty is eligible to be full

member of the Section.

(ii). Associate members:

A Full or Senior Member of A.S.I. not included in (i) above is eligible to become Associate Member

of the section.

(iii). A Registered Doctor practicing the specialty and registered with Medical Council of India and

Associate Member of A.S.I. 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.

1. Sections can enroll for Membership of A.S.I. only after all specified requirements and payments to ASI for such membership are completed and the ASI GC approves.

(i). Every section has to send up-to-date soft copy of its membership list with sectional & ASI number,

phone, email, address details of each member to the Secretary ASI 1 month before its annual GBM.

(ii). 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 arrangement to collect these fees.
4. Year & Headquarters:
5. The Section will have to follow the calendar of ASI.
6. Location of its headquarters shall preferably be in the ASI building at Chennai or can be anywhere in India if it has a permanent office building or can keep moving to the location of its secretary.
7. Office bearers can be from anywhere in India.
8. State Chapter of Sections: The Section may have its State Chapters and Branches for scientific activities.
9. Termination of Membership:

(a). If a Full Member of a Section ceases to be Full Member of A.S.I., he will cease to be Full Member

of the Section.

(b). If an Associate or Full Member of the section dies, resigns, fails to pay the subscription by due date

or his membership is terminated for undesirable activities, 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. There shall be no geographical restriction for eligibility

to hold office.

(b).Only a Full Member of A.S.I. can be a Member of the Executive Committee of the Section.

8. Meetings:

(a). 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 Section.

(b). The dates and venue of Annual Sectional conference should be discussed with Hon. Secretary of

ASI before finalization to avoid multiple conferences on the same dates. The conference should

Preferably be held jointly with state chapters with low membership in the Section to increase

membership. The dates and venue should be finalized at least 6 months in advance of the conference

and then notified to the ASI office for inclusion on the ASI website. The ASI has to list the meeting

onits website and provide space for its details or a link to the conference website if it is separately

put up.

(c). The President has to be invited and his response obtained at least 6 months in advance to the annual

Sectional conference as per rule 4E(g).

(d). The venue of any Sectional GBM should be secured and only voting members and officials should be permitted into the venue. Secretaries of every section& its state and city branches should ensure

that its office bearers & members attending any GBM have bar coded ASI photo identity cards or

their photo & complete up-to-date details are available in the ASI database and are genuine voting

members and their names & numbers are entered in the attendance register and computer database

correctly before permitting entry into the GBM.

(e).Sections shall make by-laws for their zonal, regional &city branch meetings similar to the by-laws

above.

9. Conference: The Sections may arrange their own Conferences as per their requirements. The participation of the Sections in ASICON shall be decided by the Scientific committee for ASICON of every year for which sectional representatives will be invited.
10. Annual Report: A Copy of the Annual Report of the Section should be sent to A.S.I. before30^th June every year.
11. Accounts: Yearly audited accounts of the Section should be sent to A.S.I. before30^th June every year.
12. Journal: The Section may publish its own newsletter or journal.
13. Income of Section will be derived from:

(a). Admission or life membership fees received from different categories of Members of the Section.

(b). Donations.

(c). Savings from Conferences, workshops, CMEs, etc.

(d) Miscellaneous including advertisements in newsletters, members address book, website etc.

14. Property of Section: The section 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, 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 objectives as those of the parent body concerning the specialty it represents (A.S.I. Memorandum III).
16. Utilization of Funds: The sections shall utilize their fund only for the purpose of fulfilling their objectives.
17. Elections: Sections are encouraged to have e-voting similar to that at the centre. If there is a dispute at the sectional elections, GC of ASI has the right to have electronic re-poll/ re-election done with ASI President elect as the Election officer and the expenses shall be levied from the section.

 

 

SCHEDULEIII.

Manual of Election By-Laws for ASI & IJS

1. The President Elect will normally be the Chief Election Officer but needs to be confirmed at the first

meeting of the GC every year. The Chief Election Officer may appoint one or more persons as

Election officers with the concurrence of the GC to assist him in the performance of his function.

1. Each candidate will have to sign an undertaking in the nomination form that he will take any dispute

to the GC and to the dispute management committee in the first instance and not the court. The dispute

management committee shall be involved in the preparation, revision and correction of electoral rolls

& conduct of elections.

2. Voters List (Electoral Roll)

(a). Definition- ‘Elector’ in relation to the Association means a person whose name is registered in the

electoral roll of the Association for the time being in force and who is not subject to any of the

disqualification.

(b). A person whose name is not entered in the relevant electoral roll will not be entitled to either

vote or stand as a candidate even if he has all the qualifications for being a voter and has none of

the disqualifications.

(c). Any eligible member whose name is not included in the electoral roll, may apply to the Chief

Election Officer for the inclusion of his name in that roll. If the Chief Election Officer is satisfied that

the applicant is entitled to be registered in the electoral roll, he shall direct his name to be included

therein.

(d). Voter’s list (Electoral roll)should be updated by 30^thJune as in Rule5 b (i).

3. Eligibility to be included in the Voter’s list (Electoral Role):

(i). All Full life members

(ii). All full annual members who are not in arrears.

Following are not eligible:

(i). Member in arrears as per rule 5 (c) or those otherwise disqualified to vote, contest elections or hold

office.

(ii).Those that have applied for life membership but are not yet accepted by the Governing Council in

Its meeting on or before 31st May are not members and as such are not eligible to vote.

4. Nomination:

(a) Letter inviting nominations for different posts must be sent under certificate of posting /email and only to those whose names are in the electoral roll.

(b) The contestant and members proposing as well as seconding the nominee must be valid voters.

(c) All nominations should be accompanied by a nonrefundable deposit of an amount decided by the GC.75% of this deposit money will be refunded if withdrawal is made within the stipulated time for

withdrawal.

(d) All nominations should be accompanied by a good quality photo CV of prescribed size & format.

(e)Acknowledgement of nomination must be sent to each candidate by the Chief Election Officer on

reception of nomination.

(f)Withdrawals up to 31^st August shall be acknowledged immediately to the candidate. In case where a candidate withdraws his nomination, his signature must be tallied with his earlier signature in the nomination form.

(g) Scrutiny of nomination will be done on the first working day after 31stAugust and all the applicants shall be intimated about the validity of their nomination for contest by the Chief Election Officer. The Chief election officer shall give a list of contestants to all the contestants.

5. Withdrawals will be permitted up to 15th September.
6. Final list of contestants with their photograph & short CV will be published at the website on the 1^st working day after 15^th September and such list will also be intimated to the contestants.
7. Electronic online voting will be conducted from 1st October to 15th November.
8. Declaration of result

(i)If there is no contest, the result will be declared on 16th September or on the first working day after that. Copy of this is immediately sent to all G.C. members.

(ii) In case of contest the declaration of result will be done on the next working day after 15th November

at the Headquarters at Chennai by the Chief Election officer. The exact date and time will be notified by

the Chief Election officer to all candidates.

9. This schedule can be modified by the Chief Election Officer in unforeseen adverse circumstances.
10. The Governing Council of Association of Surgeons of India

(i). Has the authority to make alteration in these by laws.

(ii). 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.

 

 

 

 

 

 

SCHEDULE IV.

Manual of Election By-Laws for ASI State Chapters & Sections

1.The bye-laws of election of State Chapters and sections have been framed for uniform election procedures of the different Chapters and Sections.

2.There shall be an Election Officer appointed by the State Chapter or Section- President elect or Chairman-elect of the Chapter or Section will be the Election Officer.

3. The election of each Chapter or Section shall be in line with that of the centre.

(i) Shall have a voters list, eligibility criteria, nomination procedure, schedule of election.

(ii). Encouraged to have electronic voting.

(iii) In case of State Chapters

(a). Such electronic voting if clubbed with the centre can be done free of cost to the State Chapter.

(b). If independently done by the Chapter the expenses will be met by the respective Chapters

(c). In case of any dispute that cannot be settled at the Chapter level and brought to the notice of the centre

will be undertaken by the centre by electronic voting with the President Elect as the Election officer and the

expenses for that will be deducted from State Chapter dues.

(iv). In case of Sections

(a). ASI centre can facilitate such electronic voting at a cost

(b). In case of any dispute that cannot be settled at the Sectional level and brought to the notice of the centre

will be undertaken by the centre by electronic voting with the President Elect as the Election officer and the

expenses for that will be met by the concerned Chapter.

 

 

SCHEDULE V.

Membership Subscription

(a) New members: (Full & Associate) have to pay subscription as detailed in Annexure IV.

If the amount paid is less, or if there is any other deficiency Hon. Secretary will point it out in the acknowledgement letter, he will be sending.

(b) The application will be considered in the G.C. only if dues are paid in full and application is complete in all other respects.

(c) Overseas: (Full / Associate / Life) and Full /Associate/Life members residing abroad will also pay admission, annual or life membership fees as per prescribed rates.

(d) Existing Annual Members

(i). They are expected to pay subscription for the ensuing year in advance by 31st December of the previous

year.

(ii). If payment has not been made, an arrears list will be made by the ASI office by 31st January, and

arranged State wise

(iii). The Hon. Secretary will send a reminder by 31st January individually to all such members. The

reminder will also mention that the member will lose his voting rights if he does not pay by 31st May.

(iv). The Hon. Secretary will also send the State wise list of defaulters to State Chairman and Secretary for

information and action by 31st January.

(v). The State Chapter Secretary will contact the members in arrears requesting them to pay. He will submit a

report to A.S.I. Head Office by 31st March regarding action taken and the result obtained.

(vi). If dues are still not paid by 31st May, the member will lose voting rights, but he will continue to be on

the roles of A.S.I. A second ordinary reminder will be sent in September/October.

(vii). If dues have not been paid by 31st December (e.g. by 31.12.2010) for the year 2010) rule 3F(b) of the

Constitution will apply.

(viii). By 31st January, the Hon. Secretary will send registered notice, if payment is not made within 21

days, the name of the members will be automatically deleted and the Governing Council will be

informed of it at its summer meeting. There is no need for getting approval of G.C. for this.

(e) Life Membership Subscription:

The sums collected will be deposited in a separate savings account. Once the money collected reaches

a sizable amount it is to be kept in a long-term deposit. The interest accruing out of the fixed deposits will

be transferred into the current account of the A.S.I. and used for the day to day administrative expenses.

(f) Disbursement of chapter dues:

The Schedule of payment to all State Chapters, would be as follows:

(i)The State Chapters will submit audited accounts up to 31st March to reach A.S.I. Head office by 30^th June.
(ii)Chapter dues (after deleting defaulters of annual fees) will be paid only on receiving audited statement of accounts.

(g) Life Membership Share:

Life Membership collections will be in long-term deposits at the Head office. The State Chapter dues on such Life Members will be distributed to State Chapters as a lump sum every year. There will not be further payments to State Chapters on these Life Membership fees.

(h) Members in Arrears:

A member is expected to pay in advance by 31st of December of previous year. But he continues on the rolls of A.S.I. even if he does not pay for one full year. Only then rule 3F(b) may be applied and action taken and his name deleted if he still does not pay.

(i). If a member is reinstated as per decision at a G.C. meeting, State Chapter due for all the payments made will be sent within a month of the reinstatement decision up to the previous year.

 

SCHEDULE VI.

Recognitions: Orations & Awards

Available awards are listed in Annexure V.

1. By-laws for all awards:
2. The awards are open to all Full Members or other Surgeons as per rules.
3. Each of these awards is governed by its own rules and regulations. These will be circulated to all members by the Honorary Secretary while calling for these nominations or will be put up at the ASI Website.
4. A Committee is constituted by the Governing Council separately for each of these awards, during its summer meeting in April. The Committee may consist of members from in and out of Governing Council. A Convener is also appointed. President and Secretary are ex-officio members of all committees.
5. Nominations for orations with one copy each of all required attachments by email followed by original copy of the signed proposal by post shall be sent to the Hon. Secretary before the last date prescribed. The Academic council can also identify and propose names of eminent members with their consent, for Orations & Awards. Rule 12 d(iv) will be applicable for this. These members will be considered in addition to those nominated by members for Orations & Awards.
6. Nominations received by the A.S.I. office will be acknowledged immediately by email or Post. If any deficiency is found, it may be pointed out by Hon. Secretary at this time. Nominations will be considered only if any deficiency is rectified before the due date.
7. List of nominations received by the due date alone will be considered. No further additions will be permitted under any circumstance.
8. The Hon. Secretary shall send the valid nominations to the committee members within four weeks.
9. Committee members shall send their recommendations to the Hon. Secretary within one month. Reasons for selection and comments may be given, but are not essential. If any member/s does not reply within a month or does not give valid reasons for doing so, he will be assumed to have forfeited his place in the Committee. The recommendation will be sent in a sealed envelope marked “Award Confidential” by each member.
10. Final decision for the award will be taken at the Awards Committee meeting preceding or during the Annual Conference.
11. Any person who has received an award on a particular subject will not be considered for any other award on the same subject.
12. Common Guidelines

i).Nominee should be an Indian Surgeon and shall be a member in good standing of ASI.

ii). The Oration must be based on original work, the major quantum of which should have been done in India.

iii). The subject of the Oration must relate to SURGERY in any Clinical discipline or basic medical sciences or the natural sciences. Alternatively, the subject may be of a philosophical nature, again with a background of Surgery.

 

12. Procedure for Applying for an Oration / Endowment Lecture

 

i). The candidate should be nominated by at least two Ordinary (FL/FA) Members in good standing of the Association of Surgeons of India.

ii). Nominee should send his Curriculum Vitae with the list of his Scientific Publications high-lighting his contribution to ASI and in advancing knowledge of Surgery in India All details of the ASI Awards / Fellowships so far received during the last 10 years must also be listed.

iii). The nominee should submit a summary of the topic of the oration while applying along with bio-data.

iv). All these should be sent to by e-mail to the Hon. Secretary at asi1938chennai@gmail.com

/ asi@md5.vsnl.net.in or by post to The Association of Surgeons of India, 21, Swamy

Sivananda Salai, Chepauk, Chennai – 600 005 so as to reach him before 31st JULY every year.

 

13. Entitlements

 

i). A memento, certificate and a scroll will be given during the delivery of the Oration.

ii). Free registration and local hospitality will be provided to the Orator by the Organizers of ASICON.

 

NOTE: Nominations received for a particular year will be considered ONLY FOR THAT YEAR and it will not be considered for the subsequent years.

 

1. By-laws for each award:

If there is any specific criteria for any awards it will be separately mentioned at the time of calling for nominations of such awards.

 

1. By-laws (Rules, Guidelines) for honorary membership:

(Honorary Fellowship- Nomenclature changed) A person considered suitable and desirable by the Governing Council may be enrolled as Honorary Member, subject to the following rules.

(i). Candidates shall be persons internationally recognised in their fields.

(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 Hon. Secretary by 15thSeptember each year for the following year.

(iv).The selected candidate should present himself personally to receive the Honorary Membership / Fellowship of the Association.

(v).The number of Honorary Members admitted shall not exceed three during any year.

(f). Free registration and local hospitality will only be provided to the selected candidate by the Organizers of ASICON. There will be no assistance for travel.

(g). Application received for a particular year will be considered only for that year and will not be considered for subsequent year.

 

 

1. By-laws (Guidelines) for guest lecture SURGERY

 

RULES AND REGULATIONS

1. Any member of ASI may propose a name for Guest Lectureship for General Surgery Session of ASI.

1. This should be accompanied by a brief bio data to reach the Hon. Secretary, The Association of Surgeons of India, 21, Swamy Sivananda Salai, Chepauk, Chennai – 600 005. by 31^st July of the year of proposal, for the ASICON of that Year
2. The Guest Lecture is generally for 30 minutes.
3. Once the selection committee appointed by the President for this purpose finalizes the names, the Hon. Secretary will extend a formal invitation to the selected Guest Lecturers.
4. All Guest Lectures will be held at the Annual Conference of ASI.
5. Give details of the ASI awards/Fellowships and Guest Lectures so far received during the last 10 years.
6. Free registration and local hospitality will be provided to the Guest Lecturers by the Organizers of ASICON.
7. Application received for a particular year will be considered only for that year and will not be considered for subsequent year.

 

 

1. By-laws (Rules) for Fellowship:
2. Eligibility: Fellowship will be awarded only 3 years after becoming ASI member.
3. There will be no restriction on number of Fellowships.
4. The candidates have to appear before a credentialing committee before the Fellowship is conferred.

 

1. Guidelines for constituting new awards:
2. There should be a minimum donation of Rs.10,00,000/-as endowment.
3. The award should be without any precondition. The Award will be given annually for 40 years and then has to be renewed or will be replaced by a new award. If the award gets abolished the amount in the endowment fund gets added to the Life membership fund of ASI and shall be devoted for only developmental activities.
4. The person in whose name the award is instituted should be a person who has to his credit, outstanding contribution in the field of medicine, or basic research related to medicine.
5. A person cannot initiate an award in his own name. As a matter of convention, the award should be instituted in the memory of a person/ member who is dead or retired from active medical practice and his trustees or a group of members wish to honour him and give recognition to his services by instituting the award.
6. The person who gets the award must be a member of the Association of Surgeons of India
7. A candidate may himself apply for the award or he may be nominated, duly proposed and seconded by members of Association of Surgeons of India.
8. The Governing Council should appoint a committee to recommend the awardee for a particular year.
9. The decision of the Governing Council is final in the selection of the awardee.

 

SCHEDULE VII. Indian Journal of Surgery

(By-laws to be prepared by IJS Editorial board and submitted for GC & GB approval from time to time)

 

SCHEDULE VIII. Academics: Surgical education, training, fellowships &examinations

(By-laws to be prepared by the Academic council and submitted for GC & GB approval from time to time)

 

SCHEDULE IX. Social Welfare Council

(By-laws to be prepared by the Social welfare council and submitted for GC & GB approval from time to time)

 

Annexure Lists of (with year in which elected/instituted/last modified/awarded):

1. Current Governing Council members
2. Approved State Chapters

• Approved Sections

1. Subscription rates
2. List of orations and awards
3. Past Orators, Awardees, Guest Lectures, Honorary members

• Criteria for Best Section, State Chapter, City Chapter awards