MEMORANDUM OF ASSOCIATION

ORTHOTICS AND PROSTHETICS ASSOCIATION OF INDIA

1.      Name of the Association will be “ORTHOTICS AND PROSTHETICS ASSOCIATION OF INDIA”

2.      (i) Registered office of the Association will be situated at Kanpur

(ii) For the furtherance of the objectives of the Association, its Regional and State Chapters may also be set up at various places in the Country.

3.      The Association will have as its constituent members: –

(i)                Life Member

(ii)              General Member

(iii)           Student Member

(iv)            Associate Member

(v)              Institutional member

(vi)            Patron Member

4.      The main objects for which the Association is established and will be pursued by the Association (on its Registration) are:

(i)                To serve as an impartial coordinating, and correlating advisory body on Prosthetics and Orthotics and other connected matters related to the Neuromuscular and skeletal system in close collaboration with the National / International Prosthetics and Orthotics Programmes, offering appropriate guidance and advice on these aspects.

(ii)              To provide scientific exchange among its members and others by collecting and disseminating information through publications, correspondence, exhibits, regional or international courses, seminars, symposia, conferences, staff efforts or otherwise.

(iii)           To encourage, promote, assist in efforts, co-ordinate or guide research and development and evaluation activities related to prosthetics and orthotics throughout the Country and abroad.

(iv)            To encourage, guide and support the efforts of all those responsible for education and training of the profession of Orthotics and Prosthetics and to correlate those activities throughout the country and abroad.

(v)              To undertake appropriate projects to encourage and facilitate high level uniform practice by development of standards for nomenclature, curricula, device design, techniques and processes, testing and by involvement in all appropriate aspects of patient care, research and development, evaluation and education and training.

(vi)            To conduct research and surveys for furtherance of the objects.

(vii)         To fix, demand such fees, grants and other charges as may be laid down in the rules of the Association.

(viii)       To collaborate with other institutions in India or abroad having objects wholly or partly similar to those of the Association, in such manner as may be conducive to their common objects.

(ix)            To offer fellowship, scholarship, prizes and stipends in furtherance of the objects of the Association.

(x)              To create administrative, technical, ministerial academic and other position under the Association and to make appointments thereto.

(xi)            To establish, manage and control service and clinical enters as needed to further the aims of the Association

5.      Pursuant to the aforesaid objects, Association may:

(i)                Accept recurring and / or specific grants of money, securities, or property of any kind and undertake and assort the management of any endowment, members Trust or donations not inconsistent with the objects of the Association.

(ii)              Invest and deal with funds and monies of the Association.

(iii)           Impose and recover funds and charges for the services rendered by it.

(iv)            Purchase, hire, take on lease, exchange or otherwise acquire property movable or immovable which may be necessary or convenient for the purposes of the Association and construct, alter and / or maintain such buildings and work as may be necessary for carrying out the objects of the Association.

(v)              Sell, hire, lease, exchange or otherwise transfer or dispose of all or any property, movable or immovable of the Association.

(vi)            Borrow and raise moneys on mortgage, promissory notes of other securities founded or based upon all the properties and the assets of the Association or without any security.

(vii)         Draw, accept, make endorse, discount and deposit Government of India and other promissory notes, bill of exchange, cheques and other negotiable instruments.

(viii)       Operate reserve fund, sinking fund, insurance fund, or any other special fund whether for depreciation, repair, improvement, extension of maintenance of any of the properties or rights of the Association and / or for recouping wasting assets and for nay other purpose for which the Association deems it expedient or proper to create or maintain only such fund or funds.

(ix)            Establish provident fund, gratuity Scheme and other schemes for the benefit of the staff of the Association.

(x)              Make rules and by-laws for the conduct of the affairs or the Association and add to and amend, vary or reform those from time to time.

(xi)            Do all such other acts and things either alone or in conjunction with other organizations or persons as the Association may consider necessary, incidental or conducive to the attainment of the above objects.

 6.      All property of the Association, movable or immovable shall vest in the Executive Council.

7.      The income and the property of the Association, however, derived shall be applied towards the promotion of the objects as set forth in the Memorandum of Association subject, nevertheless, in respect of expenditure of grants made by the members, to such direction as Executive Council may from time to time provide.

No portion of the income and property of the Association shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise, however, by way of profit to persons who at any time are or had been members of the Association or to any of them provided that nothing herein shall prevent the payment in good faith of remuneration to any member or other persons in return for services rendered to the Association or for traveling allowance or halting allowance and other similar charges.

8.      A copy of the Rules and Regulations of the Association certified to be corrected by five members of the Executive Council is filed with the Registrar of Societies, U.P. Lucknow along with the memorandum of Association.

9.      The Names and occupations and addresses of the Members of Executive Council or whom the management of the aforesaid  Association has for the time being entrusted are as follows:

10. We, the several members whose names and addresses are given below, having associated ourselves for the purposes prescribed in this Memorandum of Association do hereby subscribe our names to this Memorandum of association and set our several and respective hands here unto and form ourselves into a Association under the Societies Registration Act of 1860. 

ORTHOTICS AND PROSTHETICS ASSOCIATION OF INDIA

RULES AND REGULATIONS

PREAMBLE

            To achieve the aims and objects laid down in the Memorandum of Association of the Orthotics and Prosthetics Association of India (hereinafter referred to as the (OPAI) the following Rules and Regulations are made.

 Article – I

Name of Rules

1.1      These Rules may be called the Rules of the Orthotics and Prosthetics Association of India. 

Article –II

DEFINITIONS

2.1     In these Rules and Regulations, unless otherwise specifically indicated, the terms given below will have the meanings indicated against them.

2.1.1  “Association” means Orthotics and Prosthetics Association of India

2.1.2  “Council” means The Executive Council of the Association.

2.1.3  “President” means the President of the Association.

2.1.4  “Vice President” means the Vice President of the Association.

2.1.5  “Secretary” means the Secretary of the Association.

2.1.6  “Rules” means the Rules and Regulations made to regulate the functions of the Association.

2.1.7  “General Body” means the General Body of the Association made up by the members of the Association. 

Article – III

REGISTERED OFFICE

3.1 The Registered office of the Association shall be located at Kanpur, Uttar Pradesh, India. 

Article – IV

MEMBERS

4.1     The Association will have Members of six kinds.

4.1.1       Life MEMBERS: Persons actively engaged in Prosthetic and Orthotic Rehabilitation including Research, Education, Clinical Practice and other significant aspects and he (or) she should be a qualified  degree (or) post graduate in prosthetics & orthotics only will be eligible to become “Life Members”. The Membership taken by the Professionals completed Diploma in Prosthetics and Orthotics before 2010 shall be treated as Life members.

4.1.2       GENERAL MEMBERS: Persons actively engaged in Prosthetic and Orthotic Rehabilitation including Research, Education, Clinical Practice and other significant aspects and he (or) she should be a qualified degree (or) post graduate in prosthetics & orthotics only will be eligible by paying the amount fixed by the council to become “General Members”. General members do not have voting powers.

4.1.3       STUDENTS MEMBERS: The students studying degree or post graduate in Prosthetics & Orthotics in recognized institutions are eligible to become a “Student Member”. by paying the Membership fees fixed by the council. The Student Membership will be valid till the completion of course.     

4.1.4       ASSOCIATE MEMBERS: All individuals who do not have diploma or degree or post graduation in Prosthetics & Orthotics even they are a life member in Orthotics & Prosthetics Society of India (OPSI) will be treated as associate members.  Hence forth Orthotics & Prosthetics Association of India (OPAI) will enroll only qualified diploma or degree or post graduate in Prosthetics & Orthotics.  Associate members do not have voting powers.

4.1.5       INSTITUTIONAL MEMBERS: Any Institution or company related with Prosthetics & Orthotics is eligible to become an Institutional Member  by paying the Institutional membership fees fixed by the council. The Executive Council’s decision both for admission or expulsion of Institutional members would be final.   

4.1.6       PATRON:  All individuals of founder members of Orthotics & Prosthetics Society of India (OPSI) will be treated as “Patron Members”. 

4.2     Admission

4.2.1       APPLICATION TO BECOME “MEMBERS” will be considered by the Membership Committee of OPAI on whose recommendation the person concerned may be made a member.  In case any of the applications is rejected, an appeal will lie with the Executive Council whose decision would be final.

4.2.2       Nomination of Fellows and Honorary Fellows be made by the Council on the recommendation of the Membership Committee.  Such nomination shall be supported by appropriate citations. 

4.3     Expulsion

4.3.1       The Membership of any member irrespective of type who fails to meet the requirements of OPAI regarding conduct, payment of dues, holding of Regulations of OPAI etc. may be removed from their Membership by the Membership Committee.  An appeal will lie with the Council. 

4.3.2       Members expelled may make fresh application after a period of three years.

4.3.3       The Executive council shall be competent to initiate appropriate disciplinary action against a state branch or any life member for any activity of a member is found to be conflicting, contrary (or) competitive with that of the activities, agendas (or) interest of the Orthotics & Prosthetics Association of India.  Any member indulges (or) violation of rules & regulation of the Association or for any unethical, defamatory, malicious, fraudulent behavior or for any gross professional misconduct on the part of the member of the association.  The punishment therefore may be suspension for a fixed period or expulsion by the approval of Executive Council.

4.3.4       The Executive Council’s decision, both for admission of all kind of Members and expulsion of Members, would be final.  

4.4     Termination

Membership will automatically cease under the circumstances stated below.

4.4.1       In the event of Member’s death

4.4.2       In the event of the member becoming insane or of unsound mind.

4.4.3       In the event of his being found guilty of an offense involving moral disrepute by a competent court of law.

4.4.4       If a member resigns voluntarily and his resignation is accepted by a competent authority. 

Article –V

OBLIGATION & PRIVILEGES 

5.1 Obligations

5.1.1  An Entrance fee and/or Annual Subscriptions , will be levied.  The rate will be determined by the council.

5.1.2  Honorary Fellow, Patron members will pay no annual fees. 

5.2    Privileges

5.2.1       Members of all classes will be appropriately informed regarding meeting, courses, conferences and other activities of OPAI.

5.2.2       Members of all classes will receive News Letter and other publications of OPAI as determined from time to time by the Council.

5.2.3       Life Members and patrons only eligible to contest and to vote for election of an appointment to the Council of members.

5.2.4       Any candidate who is life member of OPAI will be able to contest for election only after 3 years of membership for Executive Council post and five years for the post of President, Vice President, Secretary, Joint Secretary & Treasurer. 

5.2.5       Member wish to contest in election should get the NO dues certificate from the state branch and National Treasurer the same should be submitted along with the nomination otherwise, the nomination will be rejected. 

5.2.6       Member who served as Executive Council member for a term (four years) is only eligible to contest for any Office bearer.

5.2.7       Any Office bearer and Executive council members can hold the office of the Association on any particular post only for two consecutive terms and thus would be barred to contest or to be elected for a third consecutive term for the same post.

5.2.8       Member contesting for Executive Council should be a resident of the zone minimum 3years. 

Article – VI

EXECUTIVE AUTHORITY

6.1       Executive authority of the Association will rest with the council.

6.2       Council Members

6.2.1       The office Bearers of the Executive Council will be President, Immediate Past President, two Vice Presidents, Secretary, two Joint Secretaries and Treasurer.

6.2.2       The Office bearers and six (North zone, South zone, East zone, West zone, Central zone, North East zone) Executive Council members, form the Executive Council of the Association.

6.2.3       The Council will hold office for a period of four years.

6.2.4       With the exception of the past President and nominated Executive Council members, all Council members including office bearers will be elected by the General Body by a ballot direct or postal as decided by the Council.

6.2.5       The Council will be opted to make rules for the conduct of election and it would be final. 

6.3        Executive Council Functions

6.3.1       The Executive Council shall be responsible for the implementation of the decision and programmes of the Association and will have following powers:

6.3.2       Approve and initiate new programmes

6.3.3       Approve Annual Budgets to amend, modify and reappropriate the Budget whenever so needed.

6.3.4       To fix the Annual subscription of the Members of the Association.

6.3.5       To lay down the Rules and Business, the service conditions, pay scale and Rules governing all categories of employees of the Association.

6.3.6       To create and abolish posts and make approve, appoint officers and employees of the Association.

6.3.7       To appoint auditors and submit the audited accounts to the General Body.

6.3.8       To enter in to Agreements Financial, Commercial or otherwise of all descriptions and kinds provided they are in furtherance of the objects of the Association.

6.3.9       To build, purchase, lease and / or otherwise acquire under license any property or sell, mortgage, hypothecate and / or donate any property of the society and to take such other steps as may be deemed necessary in managing the finances properties, assets and liabilities of the Association.

6.3.10   To open Bank Accounts and to authorize their operation in this regard.

6.3.11   To delegate authority to such person/persons to operate the accounts as may be deemed necessary in accordance with the requirements of the Bank and conveniences of the Association.

6.3.12   To raise loans, to accept gifts/donations, grants in aid, bequest, contributions and subscriptions in any form and to take such other steps as may be considered necessary to raise funds in the interest of the Association.

6.3.13   To delegate such powers as the council may deem necessary to the President, Vice Presidents and other officers of the Association for the prompt and effective implementation of its Executive functions.

6.3.14   To open branches of the Association at other places and make rules for their functioning, control and conduct of activities with prudence, justice, wisdom and also delegate authorities and powers to their office bearers.

6.3.15   To prepare statement of Income and Expenditure of the Association including the branches.

6.3.16   To arrange for the election of the office bearers of the Association.

6.3.17   To submit annual report with audited accounts annually to the General Body.

6.3.18   To do such other acts as may be considered by the council to be in the interest of the Association in furthering its aims. 

6.4        Duties of the President

6.4.1       The President shall be the chief Executive of the Association and will have the following powers.

6.4.2       The President will preside over all the meetings of the Executive Board.

6.4.3       He will supervise the day to day functioning of the Association and give necessary directions for the effective functioning of the Association in all its activities.

6.4.4       He will be competent to sign Agreements, Bonds, Deeds and all other legal documents on behalf of the Association.

6.4.5       He will authorize payments and incur expenditure for items as per approved budget.

6.4.6       He will convene meetings of the Executive Council and other meetings.

6.4.7       He will ensure that regular elections are held for all the elective appointments of the Association.

6.4.8       He would represent the Association on all occasions.

6.4.9       He would perform such other acts as may be delegated by the Council as considered necessary in the interest of the Association.

6.4.10   He may delegate such of his powers to the other office bearers of the Association as deemed appropriate. 

6.5        Duties of the immediate past president

6.5.1       The immediate past President of the Association can advise the President in all matters pertaining to the management of the Association, there by providing a continuity of the functioning of the Association. 

6.6        Duties of Vice President

6.6.1       The vice President of the Association shall act and perform all duties of the President and shall have the same authority as the President of the Association in his absence.

6.6.2       He shall under the instructions of the President oversee the functioning of such Committees as the President may designate.

6.6.3       He shall also perform such other duties as may be delegated by the President. 

6.7    Duties of Secretary

6.7.1       The Secretary shall work in consultation with the President..

6.7.2       He shall keep all the records of the Association including the minutes of the meetings of Council, Annual General Meetings and other Meetings of the Association.

6.7.3       He shall keep the register of members and such of the records as the council may direct him from time to time.

6.7.4       He shall also perform such other duties as may be delegated to him by the Council.  

6.8    Duties of Joint Secretary

6.8.1       The Joint Secretary of the Association shall act and perform all duties of the Secretary and shall have the same authority as the Secretary of the Association in his absence.

6.8.2       He shall also perform such other duties as may be delegated by the Council. 

6.9       Duties of Treasurer

6.9.1       He shall receive all monies belonging to the Association.

6.9.2       He shall maintain accounts of all the monies and property of the Association

6.9.3       He shall make payments of monies as authorized by the President.

6.9.4       He shall prepare and submit a monthly income and expenditure.

6.9.5       A quarterly statement of Income and Expenditure will be prepared by him presenting to the Executive Council at their.

6.9.6       He will also make such other repots as may be necessary in connection with the financial position to the Association.

6.9.7       He will also carry out such other duties as the Council may delegate to him. 

6.10             Executive Council Meetings.

6.10.1   The Executive Council shall generally be called to meet once in every four months.  A notice of 14 days will be necessary.

6.10.2   A requisition for meeting of the council can be made to the President by at least five member of Executive Council giving 20 days notice.

6.10.3   The quorum for the council will be one third of the council members or four whichever is less.

6.10.4   If any meeting is adjourned for want of quorum, the council shall meet on the same day, same time and the same venue the next week and the members present will form the quorum.

6.10.5   Decision at Council Meeting will be by a simple majority of the members present, the Presiding officer having a casting vote. 

Article –VII

STANDING COMMITTEES 

7.1             Permanent standing Committees for the effective management of the affairs of the Association may be set up by the council.

7.2             The standing committees may include the Finance Committee, Research Committee, Education Committee, Employment & Pay structure Committee, Disciplinary committee, Publications Committee, Anti-Quackery Committee and Membership Committee.

7.3             The Council shall appoint the chairman of the standing committee from the Members and Fellows of the Association.

7.4             A standing Committee chairman is limited to serving not more than two successive terms of four years each.

7.5             The members of the Standing Committee shall be appointed by the committee chairman in consultation with the President.

7.6             The members of the standing committee shall serve for a term of four years.  Retiring members would be eligible for reappointment for a further term of four years.

7.7             The chairman will have the power to co-opt members to fill vacancies.  Additional members for expert guidance may also co-opt from meeting to meeting, the number of so co-opted being limited to two at a time.

7.8             The President may establish ad-hoc committee as deemed necessary or as directed by the council

7.9             The Committee chairman shall function under the guidance of the President.

7.10         Each Committee shall meet as needed at the call of the chairman who shall prepare and publish an agenda to the committee members 15 days in advance of the meeting.

7.11         The chairman of the committee will be required to present a report of his sub-committee as activities at the Annual General Body Meeting

7.12         The Council Shall Lay down the composition, guidelines and mode of functioning of all committees.

7.13         The Council will be competent to terminate the chairmanship and / or membership of subcommittees. 

Article –VIII

ANNUAL GENERAL BODY MEETING

8.1             Only Life members and Patron members will be eligible to attend the General Body Meeting.

8.2             Notices

8.2.1       A notice of 14 days in writing will be given to the members, at the address quoted by them, of all General Body Meeting.

8.2.2       Every notice of the meeting shall specify the place, Hour of the meeting and shall contain a statement of the business to be transacted there at. 

8.3 Presiding

8.3.1       The president of the Association shall preside over the Annual General Body Meeting and other General Meetings.

8.3.2       In the absence of the President, the Vice President shall preside over the meeting.

8.3.3       If for any reason whatsoever the President and vice President both are not present with 30 minutes of the time appointed for holding such meeting then the members present shall elect one of the members present to preside over the meeting.  

8.4  Quorum

8.4.1       The quorum for General Body Meeting will be one third of the strength of total no. of members on the register of members of the Association or 10, whichever is less.

8.4.2       If with in thirty minutes from the time appointed for holding a meeting quorum is not present, the meeting shall stand adjourn and fresh notice with a further period of 15days be issued.

8.4.3       For adjourned General Meeting, members present will form the quorum. 

8.5 Requisitioned meetings.

8.5.1       The President or the vice president of the Association shall on requisition by 25 members of the Association or one third of the numbers of members on the register of the Association, whichever is higher, forth with process to call a meeting of the General Body.

8.5.2       The requisition for such a meeting shall set out the matter for consideration at the meeting so called and shall be signed by the requisition members. 

8.6             The minutes of the General body meeting of the Association shall be recorded by the Secretary of the Association.

8.7             Business at the AGM will be:

8.7.1       To consider and adopt the Annual Report of the Executive Council on the working of the Association.

8.7.2       To consider and adopt the audited statements to accounts pertaining to the Income and expenditure of the Association and the Balance sheet.

8.7.3       To appoint Auditors and fix their remuneration.

8.7.4       To consider any other matters that the President permits.

8.7.5       The General body decision will be by a simple majority the president having a casting vote in case of tie. 

Article –IX

The Funds of the Association

9.1             The funds of the Association shall be derived from fees, dues assessments, gifts, contracts, grants, publications, sales, reimbursement of costs incurred providing special services to other organizations, loans, donations, grants-in-aid, contributions from individuals, corporate bodies state Govt., and Central Government.

9.2             The Financial year of the Association shall be from 1^st April of the year to 31^st march of the next year. 

Article – X

AUDIT

10.1         The audited Income and Expenditure Statement shall be placed by the Treasurer before the Executive Council on whose approval it will form part of the business of the AGM.

Article – XI

PROPERTY OF THE ASSOCIATION

11.1         The properties of the Association shall be recorded in the name of the Association.  The Secretary shall receive properties free from all kinds of encumbrances.

11.2         Transfer of Property

11.2.1   Any proposal about the transfer of property to outside agencies shall have the approval of the General Body.

Article – XII

LAW SUIT

12.1         Any suit by or against the Association shall be filed in the name of Honorary Secretary.

12.2         The competent court of jurisdiction  for all suits will be the one situated at the location of the Registered office of the Association. 

Article – XIII

AMENDMENTS

13.1      The council will be competent to amend these Rules and Regulations of the Association.  All amendments so carried out will be subsequently put up to the General Body for their approval of such amendments void. 

Article-XIV

TRANSITORY CLAUSE

14.1         The founder members who have subscribed to the Memorandum will automatically be deemed to have become Fellows of the Association.