CHAPTER-II

10. ELIGIBILITY TO JOIN AS MEMBERS OF ASSOCIATION:

A Dental Surgeon shall become a member of the Association provided He/ She has applied for becoming a member in the prescribed form with the following Qualification:

1. Dental practioners registered under Part A of Indian Dentists' Act 1948.(Graduates)
2. In areas where the Indian Dentists' Act has not been enforced and no registration has taken place, members of the Dental profession eligible to be registered under Part A (Graduates only)
3. Dental practioners with Part-B Registration of Indian Dentists Act 1948 who are already members in good standing as on 31st January 1998 without any arrears shall continue to be members. There shall not be any further admission of Part-B Registered Dental Practitioners in Local/ State Branches & Head Office.
4. An applicant should not have been convicted by any competent court of law for any Cognizable offence; he should not be of unsound mind or insolvent. He/ She should sign a declaration to that effect in the application form.
5. The applicant shall be admitted by H/O; State Branches concerned only after perusal, scrutiny & confirmation of applicant having fulfilled the above criteria and after approval of C.C./ EC. as the case may be. The subscription, shall be collected only after such approval.


11. CLASSIFICATION OF MEMBERS.
1. Honorary members:-
Persons of high scientific or literary attainment or persons who have rendered conspicuous service to the Association, or persons whose association with I.D.A. may be deemed desirable. If willing to be made as Honorary members, and so elected by the Central Council according to rules as hereinafter laid down.


2. Direct members:-
Persons eligible for membership but who do not practise within the area of a State/ Local branch shall get admitted to Head Office.
1. Persons residing or practising within the jurisdiction of a State branch in a place where no Local branch exists shall be admitted to the respective State branches, as direct members.
2. Army Dental Corps officers have to join as direct members to Head Office.


3. Life Members:-
Persons who are eligible to become annual members as per rule 10 are eligible to join as Life Members on payment of Life subscription.


4. Annual members:-
Persons possessing required qualifications mentioned in Rule 10 & who pay Annual subscription.


5. Student members:
Undergraduate students of recognised Dental Institutions by D.C.I. shall be admitted as student members. Such members shall have right to attend acientific meetings, lectures and demonstrations but shall have no right in the working of the Associations.


6. Affiliate members:-
Non-resident foreign dental graduate practitioners having dental qualifications according to Section 10 are eligible to become affiliate members of Head Office subject to the approval of the Central Council. He should be a member of his National Dental Society/ Association and should produce a certificate to this effect. All affiliate members will be attached only to the Head Office. Such members shall have the right to attend scientific meeting Lectutes and conferences but shall have no right in the working of the Association.


12. BRANCHES
For the better attainment of the objects of the Association, the members of one Town/ District shall form themselves into separate branches. All branches shall specify the names of the branch as adopted by the branch and accepted/ approved by the Central Council. Branches while forming should declare the area of operation. By becoming a member of the Local or State branch, a member will automatically become a a member of the Central Organisation. Branches have to function within the framework of this constitution as per the direction of the Central Council. Branches are independent on their own with regard to finances, purchase of movable and immovable Assets and formation of a Trust/ Charitable Trust.

If a Local Branch in a Municipal Corporation area has more than 300 Annual/ Life Members, more than one Local Branch may be formed in the corporation area if the members practicing within the stipulated area would like to have such a Local Branch, subject to the minimum under this Constitution. Central Council reserves the right to approve or reject an application to form a branch. In such cases the movable/ immovable assets if any shall be retained with the parent branch only.

1. Classification of branches:-
Branches shall be of two kinds.

1. Local branches i.e. branches which are situated at District headquarters or in other specified area in the districts/ cities/ Municipal Corporation.
2. State Branch means a branch which covers all members in one particular State or Union Territory. State branch shall have their headquarter within their respective State/ Union Territory and are made up of various Local Branches within the State/ Union Territory.


13. FORMATION OF BRANCHES

Local branches shall be formed as follows:

1. Only existing members residing/ practicing in one specified area shall form a branch. Dental surgeons eligible to become members should first members of State or Local Branches. After becoming members, a minimum of 30 Annual/ Life Members residing or practicing in any place, city or town concerned may form/ constitute a branch with the prior approval of the Head Office. An Annual/ Life Member shall have the option to join in any Local Branch within the state according to his/ her convenience. But a Dental Surgeon shall be a member in one Branch only. If a Local Branch strength reduces less than the minimum prescribed after recognition of the Branch, the Branch shall be permitted to continue as Local Branch. All Local Branches recognised earlier under previous constitution with less strength shall continue to function as a Local Branch. All the branches shall abide by the rules and regulations and orders of the Head Office and function within the framework of the constitution. Any one applying for membership of the branch should strictly fulfil and comply with the qualifications prescribed under these rules to become the member of the Branch. Every branch shall function under the auspices of the Head office, who may derecognise any branch for breach of any rule or condition of these Bye Laws.


2. Procedure for forming a Branch:
1. Members residing should meet in a place & decide to Form a branch. They should express their willingness in writing with Serial No. Membership Number of H/O. Name, address, Branch in which they are members & Signature. They should also elect Office Bearers for the proposed Branch as per Section 21.
2. The names of its office- bearers with a request signed by the proposed members in original shall be forwarded to the Central Council through the State branch with advance copy to Head Office. The State branch shall consider them within ninety days or at the next executive meeting whichever is earlier and submit its recommendation to the Head Office. The Central Council shall discuss and decide to approve or reject the request and inform the State branch to be conveyed to the proposed local branch concerned. If State Branch does not forward its recommendation to Head Office within ninety days, Head Office has the right to take it up for discussion in Central Council without the recommendation of State Branch concerned.
3. The Central Council has the right to withdraw the recognition granted to a State/ Local Branch if the C.C. decides by 2/3 majority that the branch as a whole is not functioning or acting against the interests of the Association/ Profession & the directions of the Central Council. If such de-recognition is done, the members of the Branch shall get attached as direct attached as direct members of respective State Branch/ Head Office.

Procedure for Derecognising a Branch:

In the opinion of the Central Council, if a branch as a whole, is not functioning or functioning against the interests of IDA, the Central Council shall direct the Secretary General to issue a show cause notice as to why the recognition of the branch shall not be withdrawn giving three weeks time for reply. If the branch replies, it shall be placed in the C.C. for consideration. If the branch does not give any reply, Central Council shall direct H.S.G. to call for an EOGM of the members of the branch concerned, giving proper notice. President and Secretary General in case of State Branch derecognition & concerned State Branch President & Secretary also in case of Local Branch derecognition shall attend such a meeting to persuade the Branch to function in accordance with the directive of H/O. Still if it is not possible, the matter shall be reported to the Central Council, and the Central Council shall have the right to withdrawn the recognition granted to the State/ Local Branch, subject to the approval of AGM/EOGM of H/O.

3. State branches:-

Local branches in a State shall unite and form a State branch on a territorial basis and elect office bearers. The formation of State branches shall be communicated to the Central Council for its approval. Local branches subsequently recognised by the Central Council, in the jurisdiction of the State branches, shall become constituent members of such State branches. Wherever local branches cannot be formed, State Branches shall be formed first. There will be only one State branch in a State/ union Territory. In case a State Branch is not functioning Local Branches under the State Branch shall be permitted by the Central Council to function directly under H/O.


4. When a State branch is formed in a State/ Union Territory, The local branches within that State/ Union Territory shall become subsidiary to the State branch and shall be guided by it in all matters and the State branches shall become the medium of communication between Local branches and Head Office.


5. Defence Wing:
The Officers serving in Dental Corps can send annual and life subscription directly to Head Office. All such army officers shall be pooled together the direct members and form a Defence wing of IDA under Head Office. When the Officers retire from the Defence Service He/ She shall have the option to join a State/ local Branch. All Communication to the Defence wing shall be sent to the Head of the Detal Corps.


6. General Rules:
State branches/ Local branches & Defence Wing shall submit to the Head Office a six monthly return of the members on their rolls as on 1st of May and 1st of November of each year, together with a list of defaulters, a list of new members and a list of members who have left the branches with their new addresses if available, and an account of the various activities of the branches for the purpose of compilation of the annual report at Head Office & State Office, in case of local branches.


7. In case of difference of opinion on any matter including election of office bearers of state/ local branches and representative to central council, an aggrieved member/ party or branch shall appeal to Central Council through the State Branch and Central Council shall enquire into it and the decision of the central council shall be final and binding on the state/ local branches / members. Pending the decision of the Central Council, the decision of State Executive Committee shall hold good.


8. Considering the well-being of the Association as a whole, it shall not be in order for branches or any member and individuals to approach the Court, In case of dispute, doubt or grievance of any branch, or any member of the Association. Including grievances while conducting. National/ State/ Branch Conferences are matters of Arbitration. All decisions of Central Council as to any action or order passed against any member or matter of grievance raised by any member shall be referred to an Arbitration Committee comprising of ruling President H/O: Hon. Secretary General H/O; immediate Past President H/O; President Elect H/O and convenor of constitution Committee H/O, who shall hear and decide the issues. Such arbitration shall be governed by the provisions and procedures of the Indian Arbitration Act.


9. In view of the arbitration clues for all disputes and grievances by a member or a State/ Local Branch, the remedy to approach for a decree in Civil Court is barred. All such disputes and grievance shall be decided only by Arbitration. If any member or State or Local Branch of Association still persist to file any suit, which can be questioned as to its jurisdiction and maintainability shall be filed against the Indian Dental Association, Head Office represented by the Honorary Secretary General in the City where his Office is situated and not in any other place in India.


10. Neither the Indian Dental Association nor the branches shall be liable for any of the debts or liabilities of each other.



11. It shall not be open for branches, habitually or ordinarily, to hold their meetings outside their respective areas, except Army Wing which shall conduct it in any Defence Area in this country.


12. When a branch officially resolves to close down or to suspend its activities, it shall inform the State branch and/ or the Head Office as the case may be or derecognised its funds including cash securities, fixed deposit certificates, etc, shall be forthwith transferred to the Head Office to be kept in a trust. At any rate it shall not be annexed with funds of state branch or Head Office.


13. The accounts of the State/ Local branches & Defence Wing shall be scrutinized audited and approved by their Executive Committee and then circulated to the members before placing at the respective annual general body meeting of the State/ Local branch. One copy of the audited and approved statement of accounts shall be forwarded to the Head Office in case of State branches; Head office& State office in case of Local branches every year immediately after the annual general body meeting. The accounts of the Head Office shall be audited and approved by the Central Council, and circulated to the members before being placed at the annual general meeting of H/O for its final approval. Similarly accounts of State/ Local Branches shall be audited & approved by the E.C. of the concerned State/ Local Branch & circulated to its members before being placed at the AGM for its final approval.