PREAMBLE

The Constitution of the Odisha Medical Services Association is the outward and visible manifestation of the life of its members and it must respond to the deep pulsation for change from within. It is not an end in itself, rather a means for ordering the life of its member's. The generations of yesterday might not know the needs of today, and if yesterday is not to paralyze today, it seems best to permit each generation to take care of itself.

The Orissa Medical services Association got its reorganization by the Government of Orissa in the Year 1946 under Memo No. 5309/POLL Dated 29th June, 1946. Consequently a constitution was framed to govern the procedural and substantial matters on the actions and activities of the Association and its members. Attempts were made in the past to remove some glaring lacunae and incongruities appearing in the constitution but these were of no avail to the association and its member. Rather more complexity to the objectives of the Association was noticed. For example, the constitution was first amended in an Extra-Ordinary General Body Meeting of the Association held on 19.02.1984 at S.C.B. Medical College and then on 41st Annual GB Meeting at SCB Medical College on 25.06.88. On a plain reading of such amended clauses, it is evident that such amendments do not go consistent with the original constitution but bring ameliorating grievances to all. It is also learnt that a controversy relating to the election of the office bearers of the Association was dragged to the court of law where the present constitution could not satisfy the test.

Moreover after the separation of cadres into OMS (Orissa Medical Service) cadre, and OMES (Orissa Medical Education Service) cadre and the Govt. of Orissa Home Department Memo No. 643 Assn. (R) 52/91/dated 4.1.92 banning dual membership between OMSA (Orissa Medical Services Association) and OMTA (Orissa Medical College Teachers Association) the amendment to the present constitution became a necessity. Then the constitution was amended in the 51st Annual General Body held at SuchanaBhawan on 29.04.98, 57th Annual General Body held at Sambalpur, 58th General Body Meeting held at JaydevBhawan, Bhubaneswar on 22.04.05 and 59th General Body Meeting held at JaydevBhawan, Bhubaneswar on 03.05.06. 60th Annual GB meeting held at JeyporeKalyanMandap, Jeypore, Koraput on 19.5.2008, 62nd general body held at sahidbhavancuttack on 21.1.11 and 63rd Annual Conference and General Body at RMRC (Regional Medical Research Center) Auditorium on 14.10.2012 at Bhubaneswar. There remains only one way to change the outlook by gaining experiences from the past and that is by way of enacting the constitution afresh and substituting the same in place of the old one.

PART - I

1. Short title, extent and commencement

• This constitution may be called "The Constitution of Odisha Medical Services Association (OMSA)".
• It extends to the whole state of Orissa.
• It shall be deemed to have come into force on the 29th June, 1946 when the OMSA got reorganization by the Govt. of Orissa and Constitution to that effect was first enacted.

2. Definitions

• "Association" means Odisha Medical Services Association in other words OMSA and for all purpose includes its Branches.
• "Association financial year" means from 1st April to March 31st next calendar year and is also termed as "financial year".
• "Office" means Office of the Association which shall be OMSA Bhawan at Ganganagar, Unit VI, plot no _____, Bhubaneswar and it will be the responsibility of State General Secretary of the association to see that the office runs as per rule.
• "Branch" shall mean and include different branches of the Association as approved from time to time as per the amendment in General Body Meeting.
• Every district mandatorily have one district branch. Any other branch in the district can make a resolution with 2/3rd majority in district meeting called by chairman of district to merge with district branch, which should be accepted and approved by GB.
• A new branch can be formed with minimum 20 members with a resolution passed by Annual General Body Meeting.
• A list of branches as modified and updated to be notified by CEC and updated in website by SGS.
• "Member" shall mean a person whose name appears in the Register of members of the Association in accordance with clause 1(b) of Part - II of this constitution.
• The expression "member" shall include "Life Member" and "Associate Member" of the Association.
• "OMSA District" means the C.D.M.O. will be the Chairman of O.M.S.A. District where more than one branch exists in the district and will be responsible for coordinating and organizing the sub-divisional branches. The President, Secretary and Treasurer of the sub-divisional branches will form the Co-ordination Committee of OMSA District. A Convener of the Co-ordination Committee will be elected by the members of the Co-ordination Committee. In a district with single OMSA Branch CDMO may be the president of that Branch.

3. Objectives of the Association

• To promote brotherly feelings amongst its members.
• To protect the common interests of the members in relation to their service under the Government of Odisha.
• To improve the conditions and efficiency of service in the best interest of the suffering humanity.
• To maintain the honour and dignity and to uphold the interest of the medical profession.
• To promote and advance medical and allied sciences in all the different branches and to promote the improvement of medical, public health and allied services.
• To achieve co-operation, coordination and equality amongst all the members.
• To publish journal and bulletin of scientific and professional interest.
• To hold periodical meetings, seminars and conferences of professional interest.
• To organize medical relief camp and health education campaign.
• To protect the interest of past members who have retired from their respective services under the Govt. of Odisha and to do all such other activities as are cognate to the objects of the Association or are incidental or conducive to the attainment of the above objectives.
• To protect members against harassment and violence arising from professional cause and protest at appropriate level.

4. Branches

The Association shall have:

• A district branch with minimum 20 members, which cannot be wound off.
• Any branch can make a resolution with 2/3 majority to merge with district branch or any other branch within the district, which should be approved in the Annual General Body as a resolution and to be notified by CEC.
• In addition to the existing branches any new branch may be formed by the General Body of the Association with minimum 20 members in any place of the State.

OMSA Zones

1. East
2. West
3. North
4. South
5. Central

East Zone

Central Zone

Branches Continued

North Zone

West Zone

South Zone

PART - II

1. Membership

• The Association shall consist of members, the membership of which shall be open to all in-service Doctors of OMHS cadre / OMS Dental / adhoc / contractual / retired life members serving under the Govt. of Odisha.
• There shall be a Membership Register in which the names of all the members with mobile number and e-mail id and qualification shall be maintained category-wise by State General Secretary and updated from time to time.
• The membership shall continue till voluntary resignation from membership or expulsion by GB.
• There shall be members of two categories, Life Members and Associate Members.

Life Member

Members who are in OMHS / OMS Dental cadre of Health and Family Welfare Department of Odisha Govt. paying membership fee of Rs 3000/- as decided by GB and revised from time to time and enrolled in Membership Register shall be Life Members. The total life membership fee collected by the district branch will be deposited in state OMSA account with intimation to State Treasurer and the State Treasurer has to remit the district share amounting Rs 500/- per member subsequently to district OMSA bank account which should be a nationalised bank. Rs 500 of life membership fee will be with the district OMSA branch account for their day to day activity. Branches are free to collect a branch fund as decided at branch level and maintained transparently. A permanent membership number and a life membership card is to be issued by CWC.

Associate Member

Members after retirement from Govt. service shall be deemed to be Associate Members unless desired otherwise by such members and/or decided otherwise by the General Body. Adhoc Doctors and doctors belonging to ESI are also covered under the updated membership description as supplied.

2. Rights and Privileges of Members

• Each member has a right to attend the General Body meetings of the Association apart from attending and taking part in any conferences, seminars, relief camps, or such other specified occasions organized by the Association from time to time.
• Every member except the Associate Member has the right to vote for any election or motion.
• Every member except the Associate Member has the right to contest for any one of the post of the office bearers of the Association as laid down in Part III clause 3(A) for state level and Part VII clause 1(i) for branch level of constitution.
• Associate Members may form a forum to discuss any specific problems of retired members of the Association regarding retirement benefits and social schemes and Association may pursue the opinion and recommendation if any submitted in writing by such forum.

3. Disqualifications

The following shall make a member disqualified to enjoy the rights and privileges mentioned in Part II clause 2 of the constitution:

• If expelled by the General Body.
• If misappropriated the funds of the Association.
• For misconduct, bringing disreputation to the Association and profession.
• If dismissed or discharged from the Govt. service and/or convicted by any court of law for any criminal and vigilance charges.

PART - III

1. General Body and Meetings

A. Annual General Body Meeting

• There shall be an Annual General Body Meeting to be held every year.
• The date, time and venue of the Annual General Body Meeting shall be decided before 6 month of the next Annual General Body Meeting.
• The Annual General Body Meeting shall be conducted by CWC or any of the branches of the Association with the approval of CEC.
• All General Body Meeting shall be presided by the State President or one of the Zonal Vice Presidents in absence of the State President of the Association or by any member of the Association to be nominated from amongst the members present in the meeting in absence of both, the State President and Zonal Vice Presidents.
• One tenth of the total life members but not less than 300 members of the Association shall form the quorum for the Annual General Body Meeting.
• Due to lack of quorum the General Body Meeting may be adjourned for a period not more than one month (30 days).

B. Extraordinary General Body Meeting

• An Extraordinary General Body Meeting may be called for specific matters. No other matter except the one specified shall be discussed in such meeting.
• An Extraordinary General Body Meeting shall be called with a minimum of 15 days notice to all the branches of the Association. Such notice shall be widely circulated among cadres by SMS, WhatsApp and email.
• A minimum 200 members shall constitute the quorum for such Extraordinary General Body Meeting.
• Due to lack of quorum such meeting may be adjourned for not more than 48 hours.

C. Requisition General Body Meeting

• A requisition General Body meeting may be called on any specific issue if requisitioned in writing by not less than 200 members of the Association duly signed and sent to the State President and the State General Secretary with 30 days notice.
• Minimum 20 members of the Central Executive Committee may also send requisition for holding such meeting on any specific issue with thirty day notice.
• Once a meeting is requisitioned in accordance with Part III - 1.C(a) or (b) of this Constitution, it must be called by the State General Secretary and in his absence, by the State President.
• No other matter shall be discussed in such meeting other than the one for which the meeting is requisitioned.
• A minimum of 200 members shall constitute the quorum for such requisition meeting.
• The requisition meeting shall not be adjourned for lack of quorum and in such case it shall be treated as cancelled.

2. Powers of General Body

• To consider and pass the annual accounts and reports presented by the Treasurer and State General Secretary respectively.
• To fix up and/or alter the annual and life membership subscription amount.
• To request the members for donations, if necessary.
• To expel any member from the Association in conformity with clause 7 of this constitution but subject to the recommendation of the Central Executive Committee.
• To elect the office bearers of the Association and the members to such Committees as have been specified in this Constitution.
• To form any Committee and Sub-Committee whenever necessary.
• To amend the Constitution whenever necessary.
• To transact any other business and discuss the matters proposed either by any Committee, Branch or Member of the Association.
• To dissolve any Committee or terminate the office of any office bearer of such Committee, if moved and passed with no-confidence motion in conformity to Clause 2 of Part-IV of this Constitution.
• To define and alter the policy of the Association whenever required.
• To dissolve the Association if passed by 3/4th majority of members on roll.

3. Management

The general control, management, direction of policies and affairs of the Association shall be vested in a body styled as the Central Executive Committee (CEC).

A. Composition of Central Executive Committee

• The State President.
• Immediate past State President.
• Five Zonal Vice-Presidents, one each from Central, East, West, North and South zones.
• The State General Secretary.
• Immediate Past State General Secretary.
• State Treasurer.
• Five Zonal Joint Secretaries, one each from Central, East, West, North and South zones.
• Five CWC members elected by or nominated by CEC.
• Editor of the OMSA Journal and Voice.
• Branch Secretaries of all branches.
• Branch Presidents of all branches.

B. Powers and Functions of CEC

Powers

• It shall administer the affairs of the Association in accordance with the provisions of this Constitution.
• It shall take decisions in matters not covered by the provisions of the constitution which shall be ratified subsequently by the General Body, provided that such decision does not go inconsistent with any of the provisions of the constitution.
• It shall have power to constitute committees and sub-committees to deal with matters required to be dealt by such committee and may delegate all or some of its powers for such particular purpose.
• It shall have powers to issue directives and instructions to the branches.

Functions

• Minimum of 20 members shall form the quorum for the Central Executive Committee meeting.
• Central Executive Committee Meeting shall be held every 3 months. It shall not be adjourned in any circumstances except for want of quorum but not exceeding 15 days.
• A Central Executive Committee Meeting shall always be held before every Annual General Body meeting in order to discuss and finalize the agenda.
• Central Executive Committee shall take up matters for discussion brought forward by the Central Working Committee.
• Any member of the association may be invited as invited member to any of the meeting held by CEC.

D. Emergency CEC Meeting

• An Emergency Central Executive Committee meeting may be called, with a minimum of 7 days notice after consultation with the Central Working Committee.
• A minimum of 20 executive members of the Central Executive Committee shall requisition such meeting for a specific purpose.
• Requisition Central Executive Committee meeting shall always be made in writing to the State President or State General Secretary of the Association along with an agenda duly prepared and signed by all the executive members submitting such requisition.

E. Composition of Central Working Committee

There shall be a Central Working Committee consisting of all the directly elected members by election process. They are State President, five Zonal Vice Presidents, State General Secretary, State Treasurer, five Zonal Joint Secretaries, five CWC members, and Editor of "OMSA Journal & Voice". The tenure of the office bearers/CWC members of the Association is for two completed consecutive association calendar years from assumption of charges (oath taking ceremony) unless extended for a specific purpose for not more than 30 days by Central Executive Committee.

F. Powers and Functions of CWC

• It shall manage the day to day affairs of the Association and shall be responsible to the Central Executive Committee.
• It shall take decisions which are required urgently and also in emergent situations, to be ratified subsequently by the Central Executive Committee.
• It shall have power to constitute sub-committee for any specific purpose, if such committee is not already formed by the Central Executive Committee.
• It shall have powers to issue directives and instructions to the branches, to be ratified subsequently by the Central Executive Committee.

CWC Functions Continued

• Minimum of 10 members shall form the quorum for a Central Working Committee Meeting.
• Central Working Committee shall hold its meeting each month. It may be called with one week notice and at no time it shall be delayed for more than 30 days.
• A Central Working Committee Meeting shall always be held before each meeting of the Central Executive Committee.
• Central Working Committee shall take up matters for discussion brought forward by any branch of the Association or by any member of the Central Executive Committee and all such matters along with the opinions of the Central Working Committee shall be forwarded and placed before the Central Executive Committee for decision.
• Any members of the association may be invited as invited members to any of the meeting held by CWC but he or she shall have no voting rights.

G. Emergency Central Working Committee Meeting

• An Emergency Central Working Committee meeting may be called either by the State President or by the five Zonal Vice-Presidents or by any five members of the Central Working Committee.
• Any member of the association may be invited as invited member to any of the meetings held by Central Executive Committee or Central Working Committee, but he or she shall have no voting right.

PART - IV

1. Duties and Powers of the Office Bearers

a) State President

• The State President shall preside over all OMSA meetings of the General Body, the Central Executive Committee and the Central Working Committee except such meeting which is specially requisitioned against the State President.
• Shall regulate the proceedings of all such meetings.
• Shall guide and control the activities of the Association.
• Shall interpret provisions of the constitution.
• Shall have a casting vote in case of equality of votes.
• May take decision in advance on behalf of the Association subject to the ratification by the Central Executive Committee.
• Shall be a member of every delegation.

b) Zonal Vice-Presidents

• The Zonal Vice-President shall help in organization of the branches.
• One amongst the five, as decided by CEC, shall preside over meetings in absence of the State President.
• One amongst the five as decided by CEC shall discharge all the duties of the State President in his absence.

State Officers Continued

c) State General Secretary

• Shall be in charge of all the records and documents of the Association.
• Shall record all the proceedings in the minute book and take actions on resolutions.
• Shall be responsible for all correspondences including press communications in relation to the matters of the Association.
• Shall maintain a correct and up-to-date register containing the particulars of all the members of the Association, branch-wise and shall prepare the electoral roll after receiving the list from the Branch Secretaries.
• Shall organize, arrange and convene meetings, conferences, lectures and demonstrations.
• Shall inform meetings of General Body, CEC, CWC and other meetings as per the provisions of this constitution after consultation with the State President.
• Shall be a member of every delegation.
• Shall visit different branches for strengthening the organization.
• Shall enter into any agreement on behalf of the Association whenever necessary.
• Shall be liable to sue and to be sued on behalf of the Association.

d) State Treasurer

• Shall be the custodian of association money.
• Will keep the detailed account of various income and expenditures in a cashbook in appropriate manner and get it audited by a Chartered Accountant annually to be presented in the Annual General Body each year.
• Shall audit the financial account of all branches whenever necessary, annually.
• Shall receive funds from different branches, donations and grants.
• While presenting the financial statements in the General Body meeting should present the audit report of the financial year including audit report of branches.

e) Zonal Joint Secretaries

• All the five Zonal Joint Secretaries shall assist the State General Secretary to discharge his duties.
• One amongst them as decided by the CEC shall discharge all the duties and responsibilities of the State General Secretary in his absence.
• Shall be responsible for any work entrusted to any one of them by the Central Executive Committee or Central Working Committee.

f) Posting of State President, State General Secretary, CWC and CEC Member of OMSA

The State President and the State General Secretary of OMSA will be posted at Cuttack/Bhubaneswar. The members of the Central Working Committee of OMSA and the members of the CEC from the branches will be posted in convenient place in their area respectively.

2. Termination of Office

Any office bearer or member of the Central Executive Committee who remain absent from attending three consecutive meetings without sufficient reasons shall automatically cease to be the member of the Central Executive Committee, in which case the Central Executive Committee shall nominate an alternate member in consultation with Central Working Committee and such newly nominated member shall be deemed to function as elected member.

3. Vote of No Confidence

• A vote of no confidence motion in writing may be brought against any office bearer of the Association maintaining specific charges against such person, duly signed by two hundred members and sent to the State General Secretary for circulation to all the branches and discussion in the Central Executive Committee.
• The charges shall mean and include misappropriation of Association fund and sabotaging in any manner the attainment of the objective of the Association.
• Any such motion shall be placed and discussed in requisitioned General Body meeting to be called for accordingly but not later than sixty days from the date of receipt of such motion by the State General Secretary.
• Such motion shall be held to have been dropped against whom it has been brought, if not passed by 50% of the eligible members on the roll having voting rights.

4. Resolution

Any resolution which is to be discussed in the Annual General Body Meeting should reach the State General Secretary at least one month before the Annual General Body Meeting after being discussed and passed in the concerned branch. The State General Secretary shall place it before the Central Executive Committee and subsequently before the General Body along with the recommendations, if any, by such Committee.

PART - V

1. Funds

• The funds of the Association shall be derived from life membership subscription, special contribution or donations, any grant or aid available to the Association, and such other sources as may be authorised by the Central Executive Committee.
• Central share of membership fees collected by the branches shall be deposited with the State Treasurer, and a list of members to be submitted by the Branch Secretaries to State General Secretary every month.
• The funds of the Association shall be deposited in any Nationalized Bank as approved by the Central Executive Committee. The State General Secretary and State Treasurer OMSA shall operate such account jointly.
• The State General Secretary and State Treasurer of OMSA are authorized to withdraw money from Savings Bank A/C to the extent of Rs. 5000/- only. Any withdrawal above Rs. 5000/- shall require prior approval of the State President of OMSA.

2. Accounts

• All the books and records such as Cash Book, Receipt Book or any other document relating to deposit and withdrawal of funds shall be maintained by the State Treasurer.
• The audited statement of accounts shall be placed before the Central Executive Committee for approval before the Annual General Body and the approved statement of income and expenditure and balance sheet shall be printed in the OMSA Voice.

3. Travelling Allowances

• Members attending CEC meeting and CWC meeting shall be paid travelling allowances.
• Directly elected members to the Central Working Committee and other office bearers shall be paid actual to and fro fare by the State Treasurer from the funds of the association.
• Members from the branches shall be paid their travelling allowances from their respective Branch Secretaries and Treasurer out of the funds of such branches.

4. Journal of the Association

• The name of Journal shall be OMSA Journal. It will be published once a year.
• The name of the newsletter shall be OMSA Voice. It will be published twice a year.

Editor

• Must be a life member of OMSA.
• Will be elected for a period of 2 years. CWC/CEC will nominate the Editor for any vacancy arising in between.
• Shall be responsible for publication and accounts of OMSA Journal and OMSA Voice.
• Shall be responsible for opening a bank account in any nationalized bank in the name of OMSA Journal and OMSA Voice to be operated jointly by Editor and State General Secretary.
• Will be responsible for the audit of account of OMSA Journal and Voice and will submit an audited report to State Treasurer before General Body Meeting of OMSA.
• Will also submit a final report in the Annual General Body Meeting.
• Can nominate 2 Assistant Editors to assist for publication of journal with information to Central Executive Committee.
• Will be responsible for formation and changes of the editorial board.

Editorial Board

• Editorial Board will consist of five members of whom one would be Editor elected by the election process. The State President and State General Secretary shall be ex-officio members. Two Assistant Editors shall be nominated by the Editor in consultation with CEC in its first meeting.
• The Editorial Board is responsible for funds, logistics and accounts of Journal and OMSA Voice till publication.
• The Editorial Board shall be responsible for collection of funds through donations, advertisements and subscription of the journal.

OMSA Journal Publication

• The call for articles has to be circulated officially by the Editor in email and WhatsApp to all the members.
• If enough quality articles have not been received by the due date, the Editor has to inform members of the editorial board officially and the editorial board will take over the responsibility of collection of quality article for publication.
• The Editor will then send article for peer review and will finalize the article in consultation with assistant editors.
• All the articles after peer review must be placed before editorial board by the editor for approval before publication.
• The editorial board will also look after issues such as insufficient fund, problem in printing or other problems from time to time.

OMSA Journal and Voice

• The article in the journal must be from OMSA members. Articles from non-member doctors may be published with approval of the editorial board in exceptional cases.
• The content of each issue of the journal must have editorial, research article and case report. There may be one letter to the editor if available.
• Advertisement of sponsorship may be inserted into the journal subject to approval of Editorial Board.
• Soft copies of the journal will be available in the website for information of all the members. Hard copies will depend on budget availability.
• Editor will take steps to make the journal indexed.
• OMSA Voice will be published twice a year regarding important information, news and events of state and branch activities in consultation with State President and State General Secretary.

PART - VI

1. Procedure for Election of Central Working Committee Member

a) Election Commission

• The Central Executive Committee / GB shall constitute and appoint an Election Commission, consisting of three members obtaining individual consent.
• It shall have a convener and two members, who shall not be eligible to contest any post of office bearers or for direct membership to the Central Executive Committee of the Association.
• It shall conduct the election and declare the result of the election in a fair and unbiased election process.
• Election Commission will notify detailed process of election at the beginning which will be abiding by members.
• Constitution and appointment of Election Commission shall always be made on or before 6 months of end of tenure of association year.
• The tenure of the office bearers of the executives will be for a period of 2 calendar years from assumption of charges (oath taking), unless extended for a specific purpose not more than 30 days by Central Executive Committee.
• Election procedure should be completed before end of tenure.

b) Filing of Nomination

• Soon after the Election Commission is appointed, the Convener shall call for nominations for the election of office bearers of the Association.
• The notice inviting nominations shall be published by affixing it at the office of the Association and in website of association.
• Apart from other instructions and directions, the notice must contain the date on which, the place at which and the hours between which nominations should be presented.
• The nomination of every candidate shall be made by means of a nomination paper in the prescribed form available free of cost from the office of the Association.
• While issuing notice inviting nominations, the convener shall see that an interval of at least 3 months is allowed between the last date of presentation of the nomination papers and the date of election.
• Each candidate has to deposit Rs 2000/- for any post in CWC. Nomination will be rejected without this fee. The amount will be deposited by Bank Draft addressed to State Treasurer, OMSA. Unutilized amount after election will be deposited in OMSA account after the convener gives a detailed account of expenditure to the State Treasurer, OMSA.

PART - VI Continued

c) Eligibility of Filing Nomination

• Shall be a life member.
• Shall have more than 2 years to retirement from Govt. service from the date of filing nomination.
• Shall have no disciplinary proceeding, criminal case or vigilance case pending against him.
• For CWC election, shall be a Branch Secretary for one full term of 2 years.
• For CWC election, shall have completed 10 years of Govt. service.

d) Scrutiny of Nomination Paper

• The Election Commission shall scrutinize the nominations within 7 days from the date fixed for presenting the nominations to the Convener or as decided by such Committee and shall prepare a list of eligible candidates.
• The Election Commission shall have power to reject any nomination if it finds that the candidate is ineligible to contest for any post as per constitution.
• Soon after preparation of the list of eligible candidates, but not more than 7 days, the Election Commission shall issue intimation to the respective candidates and all the branches regarding its decision along with a copy of the list of eligible candidates.

e) Withdrawal of Nominations

Any candidate may withdraw his candidature by a notice in writing signed by him and delivered to the Convener either in person or by registered post within a period of 7 days from the date of issue of the list of candidates.

f) Preparation of Final List

After expiry of the period of withdrawal of candidature the Central Election Committee shall immediately prepare the final list of candidates and issue intimation to all the branches about such final list at least 1 month prior to the date fixed for election.

g) Voting

The voting will be conducted online by an agency or firm selected and approved by EC through short tender or quotation. Voting will be done online from mobile number pre-registered with Central Election Committee by valid members.

h) Counting of Votes and Declaring the Result of Election

• The counting of votes shall commence immediately after closing of poll by or under the supervision of the Election Commission.
• No person shall be appointed to assist in counting the votes who has been employed by or on behalf of any candidate for any purpose connected with the election.
• The Convener, Central Election Committee, will make a grand total of the votes against each candidate and shall declare the result of the election including the name of the winning candidate in favour of whom maximum number of valid votes has been cast.
• In case of equal votes polled by candidates contesting for the same post, the result shall be decided by lot.
• The decision of the Central Election Committee shall be final and binding on the members of the Association.
• Appellate Election Body is to be constituted in the 1st CEC meeting with one chairman and two members. It will continue to function till the new Central Election Committee takes over.

II. Procedure for Amendment of Constitution

• The privilege of amending this Constitution as a whole or part thereof shall only be vested with the General Body of the Association by way of addition, variation or repeal of any provision in accordance with the procedure described.
• An amendment may be initiated by any member of the Association duly seconded by any other member or members.
• The proposal shall always be sent to the State General Secretary at least two months prior to the Annual General Body Meeting.
• While proposing the amendment, the existing clause and the proposed amendment shall be mentioned.
• The proposal sent by the member shall be discussed thoroughly in the Central Executive Committee meeting and the recommendations, if any, of the Central Executive Committee along with such proposal shall be sent to all branches for their opinion and placed before the Annual General Body.
• Whenever the Annual General Body decides the question of amendment, it may act upon such proposal and opinion or if necessary for the interest of the Association.
• Any amendment of the Constitution shall only be passed with 3/4th majority of the total members present in the Annual General Body meeting, whereafter the constitution shall stand amended.
• The Constitution so amended shall be made effective immediately.

PART - VII

Branches

• The Association shall have different branches as provided in Clause-4 of Part-I of the Constitution.
• Each branch shall have an Executive Body consisting of Branch President, Branch Vice President, Branch Secretary, Branch Treasurer, Branch Joint Secretary and three Branch Executive Committee Members with one lady representative.
• All the above office bearers shall be elected by the Branch General Body from among the eligible members of that branch. The provision contained in clause-1(C) of Part-VI of this constitution mutatis mutandis apply to this provision.
• All branches of OMSA shall open a joint account in the name of Branch Secretary and Branch Treasurer in local Nationalized Bank to be operated jointly, where all the branch share of life membership fee collected from members are to be deposited. Branch Treasurer shall keep the detailed account of money collected and expended in an appropriate manner in a cashbook to be audited by State Treasurer or any competent member of the branch as decided by the branch members, annually.

Powers of the Office Bearers

a) Branch President

• The Branch President shall preside over the Executive Committee Meeting and General Body Meeting of the Branch.
• Shall give his or her ruling in constitutional matters.
• Shall sign all resolutions to be placed before the Central Executive Committee.
• Shall take decision on any matter or question raised in the General Body meeting of that Branch.

PART - VII Continued

b) Branch Secretary

• Branch Secretary shall be responsible for all correspondence of that Branch.
• Shall maintain the list of all members who have paid their subscription by the due date and the rest of the members who have defaulted and submit the list of such members to the State General Secretary of the Association.
• Shall be responsible to call for periodical meetings of the branch in fixed Date, Time and Place.
• Shall communicate all decisions, directions and instructions received from the General Body, Central Executive or Working Committee, Central Election Committee to each member of the branch.
• Shall intimate the members any communications received from the State General Secretary.
• Shall conduct the election of the office bearer.
• Shall hold OMSA Health Camps separately or in collaboration with other social organizations under the banner of OMSA.
• Shall direct the members of the branch to carry out the mandates provided in the constitution.

c) Branch Treasurer

• Shall get the account of the branch audited once in a year and submit the report to State Treasurer after getting it passed by general body of the branch.
• Shall maintain detailed account of the branch.
• Day to day expenditure of branch activity is to be met from the branch.

4. Funds

The funds of the branch shall be branch share from the membership fees collected from the members of the branch or received from Treasurer. The funds may be raised through donations, contributions, grants or aids or through such other source as may be authorized by the Executive Committee or passed by GB meeting of branch.

PART - VIII

OMSA Annual Conference (OMSACON)

1. Annual conference shall be organized every year at a suitable place and time to be decided by the General Body or Central Executive Committee.
2. Any branch shall have the privilege of inviting such conference.
3. Conference will be opened to all members of OMSA.
4. The Central Working Committee will review and finalize the place and date of conference.
5. Organizing committee can open new bank account or can use branch account for the conference with the approval of CWC.
6. The organizing committee shall submit the statement of account and credit surplus money of OMSACON to state OMSA account.
7. The programme of OMSACON shall include inaugural function, scientific session, scientific exhibition and General Body Meeting.

PART - IX

OMSA Bhawan

The day to day functioning and utilization of the OMSA Bhawan and its premises shall be decided and monitored by the Central Working Committee to be ratified by the Central Executive Committee or General Body. Funds thus collected from the utilization of the Bhawan shall be kept in the OMSA Bhawan account. State Treasurer will operate that account maintaining a record of expenses.

PART - X

Appellate Body

It is a conciliatory body and consists of 5 members comprising of Chairman-cum-Convener Director of Health Services Odisha, Director of Public Health Odisha, Director of Family Welfare Odisha, Director of Vital Statistics and Intelligence, and Director of Capital Hospital. The contestants in different posts can represent and put their grievances in writing in connection with the election of OMSA before the appellate body at any time during the process of election until declaration of the result by Election Commission. Appellate body will try their best to bring out an amicable solution looking into the grievances and discussion with all concerned. The decision of the appellate body may be communicated to the concerned contestant under intimation to the Election Commission.

PART - XI

Repeal

• On the coming into force of this constitution the old one shall stand repealed.
• Notwithstanding the expiration of the old constitution, anything done, any action taken, any order passed, any appointment made, any proceeding instituted shall be deemed to have been done, taken, made or issued under this constitution as if this were done, action was taken, order, appointment, rule were made, notification was issued or proceeding were instituted under this constitution.

Certificate

Certified that the foregoing is a true copy of the current constitution of Odisha Medical Services Association adopted in 1946 and amended up to 07.10.2023.

Dr Narayana Rout - State President, OMSA

Dr Biswajit Samal - State General Secretary, OMSA