Index

  1. PREAMBLE
  2. AIMS & OBJECTIVES
  3. ELIGIBILITY
  4. JURISDICTION
  5. MEMBERSHIP
  6. MANAGEMENT OF THE P P SCHEME
  7. ELECTION OF THE OFFICE BEARERS OF THE SCHEME
  8. AACOUNTS
  9. SAVING CLAUSE
  10. MEMBERS RIGHTS & DUTIES
  11. PROTECTION & DAMAGES PAYABLE BY THE SCHEME
  12. APPELLATE BODY
  13. DUTIES OF OFFICE BEARERS
  14. MANAGING COMMITTEE MEETING
  15. FUNCTIONS OF THE MANAGING COMMITTEE
  16. GENERAL BODY
  17. DISSOLUTION OF THE SCHEME

Preamble:

The Indian Dental Association, Kerala State Branch is a charitable organization established for safeguarding the interests of the sick public by organizing the Dental Surgeons in a systematic way, by promoting the advancement of Dental and related sciences and maintaining the honour, dignity and discipline among the Dental Surgeons.

Ultimately all the efforts of IDA are to lead the public to get the best form, the dental surgeons whom they approach, at the apt time and at the least cost. But now the members have brought to the notice of IDA that there are instance of persons connected with the patients, politically or by relation, unnecessarily dragging the Dental Surgeons in to litigation, on calamities occurring during the treatment for no fault of doctors. Moreover the members expressed a fear that unless some measures are taken to safeguard their interests in such matters, they have to be selective in treatment or start treatment only after various types of tests. This will ultimately cause delay in treatment and increase the cost of treatment. To avoid such a calamity in the best interests of the patients, the IDA decided to take the responsibility of protecting doctors in litigations, provided they too financially contribute something for this cause, and for that purpose the following Professional Protection Scheme is established.

AIMS & OBJECTIVES

  1. To protect members and help them in case harassment, litigation, etc, which may arise during the process of their professional practice.
  2. To provide legal aid to the members of the scheme.
  3. To promote social service activities such as. To provide Dental Aid to the poor and needy, to under take family welfare programmes, to organize blood donation campaigns, to conduct Dental Education and First Aid classes, to organize AIDS Awareness Programmes, etc.

Eligibility

Only members of the Indian Dental Association of Kerala State Branch are eligible to become the members of the scheme.

Jurisdiction

Any claim arising within the jurisdiction of Kerala State alone will be entertained by the Scheme.

Membership

Membership fee for the first year shall be Rs. 150/-. The Membership fee once paid will not be refunded.

Any causes of action from the date of realization of the membership fee for one full calendar year will be taken up by the scheme. Continuous membership can be obtained by prior renewal on payment availing a rebate of Rs. 100/- every year up to a period of 6 years. If no compensation is paid on behalf of the members.

First year membership : Rs. 1,500/-
If no claims Second year membership : Rs. 1,400/-
If no claims Third year membership :Rs. 1,300/-
If no claims Fourth year membership : Rs. 1,200/-
If no claims Fifth year membership : Rs. 1,100/-
If no claims Sixth year membership : Rs. 1,000/-

Once claim occurs and it is settled, the membership fee for the next year will be Rs. 1,500/- as a new member. Incase the settlement is prolonged covering the membership year and the commencement of the subsequent year or years, the member has to pay the same amount as that of the year of the claim to continue the membership.

Management of the P P Scheme

The scheme shall be managed by a Managing Committee consisting of IDA State President, State Secretary and Treasurer as the exofficio members. Other members of the committee are:

  1. Chairman
  2. Hon. Secretary.
  3. Hon. Treasurer
  4. Internal Auditor
  5. Vice Chairman
  6. Joint Secretary
  7. One Representative from each local branch.

Election of the office bearers of the scheme:

The Chairman, Vice-Chairman shall be elected by the General Body of the PP Scheme and their office shall be for a period of 3 years. Local Branch Representatives shall be elected by the respective Local Branch. He shall be a member of the scheme.

The Hon. Secretary. Treasurer and Joint Secretary shall be elected by the State Ex. Committee of IDA from the current members of the Scheme and their term of office will be for a period of 3 years.

The internal Auditor shall be nominated by incoming IDA Kerala State President with the ratification of State Ex. Committee and his term will be only for a period of one year. He tool shall be a current member of the scheme.

ACCOUNTS :

The funds of the scheme shall be deposited in the name of the scheme with scheduled / co-operative bank / Unit Trust and such other Central Govt Organizations of Securities. Such accounts should be operated jointly by the Hon. Secretary and the Treasurer Accounting year will be that of the Indian Dental Association Audited Accounts should be presented in the Annual General Body Meeting of the scheme.

Membership fee may be revised at any time by the Managing Committee with the permission of the General Body of the scheme and subsequent ratification by the State Ex. Committee of Kerala State Branch of IDA.

Saving Clause

  1. The benefits of this scheme shall not be denied to anyone on the basis of caste creed or community.
  2. The help extended to the members shall be limited to the cost of litigation and other expenses alone.
  3. The excess if any in the operation of the Scheme shall not in anyway be distributed as dividend or profit among the members of the scheme and such excess if any shall be utilized by the IDA Kerala State Branch for achieving its charitable objects.

MEMBERS RIGHTS AND DUITIES:

  1. The scheme will fight out civil and criminal cases concerned with Dental Profession upto the level as decided by the Managing Committee. Litigations arising out of other actions of the members will not be dealt with by the Scheme.
  2. The concerned members shall inform the Hon. Secretary and the Local Branch Representative of the Scheme as soon as the incident occurs. Incidence includes Notice from the Advocate or from any Legal Forum or from individual patients or their relatives or an intimation where by the member gets an information that a case is registered with the Police. If the member fails to inform the concerned office bearers of the scheme about such incidence, the member may cease to enjoy the benefits of the scheme.
  3. The concerned member shall obey any instruction given by the management or the scheme regarding the case. In any case the scheme should be not made a party in the case because the scheme is not an insurance company. The member will get all the benefits from scheme provided he/she follows the instructions given by the management of the scheme in this regard and also the incidence occurs during his membership. Any member who makes the scheme also a party in his/her case may cease to enjoy the benefits from the scheme.
  4. the concerned member shall give the copies of the relevant documents of the case to Hon. Secretary for the use of the scheme. The statements and documents submitted by the members should be true and correct in all respects. If the member gives any false or misleading information to the secretary the member may cease to enjoy the benefits of the scheme.
  5. Should the member be advised by the management to file a counter petition or suit against the party concerned for monetary damages and defamation, the member is bound to obey. In such cases, once the compensation is ordered, after deducting all the expenses, 50% of the amount so ordered will go to the scheme and the balance 50% will be given to the member aggrieved.
  6. A member of the scheme, if called upon by the police or by the Court to give evidence, should have the prior consultation with the Chairman, the Hon. Secretary or the Local Branch Representative.

PROTECTION & DAMAGES PAYABLE BY THE SCHEME:

For claims up to Rs. 5,000/- the Chairman or the Hon. Secretary, Local Branch Representatives can investigate the case and settle the same with the knowledge of the other.

For claims above Rs. 20,000/- the Chairman and Secretary jointly can investigate and the Chairman can entrust 2 or 3 members if possible members of IDA, to study and give written report on the case before coming to settlement and the expenses incurred by them shall be met by the scheme. Settlement above Rs.20,000/- shall be made with the permission of the Managing Committee.

The scheme is liable to pay to a member, maximum of Rs. 2 lakhs as damages for a single case and more than one case in a year upto a maximum of Rs. 5 lakhs or 50% of cash balance of the scheme at the time of settlement whichever is less.

The legal adviser/advocate shall be selected as far as possible in consultation with the member involved in the case. But if the Chairman /Hon. Secretary feels to appoint a different advocate, he will have the right to do so.

The scheme will not give protection to the institutions or the Management of the Hospital for its lapses even if the institution or the Management is headed by a member of the scheme. Cases against the individual members for their alleged professional lapses alone will be taken up by the scheme.

APPELLATE BODY :

If any member is aggrieved by the decision of the Chairman or the Managing Committee he can prefer an appeal before the appellate body (SEC) with in a period of 90 days and it shall be forwarded to the Secretary, IDA Kerala State Branch. The matters shall be discussed and finalized in the subsequent state Ex. Committee.

DUTIES OF OFFICE BEARERS:

Chairman :

The Chairman shall preside over all the meetings of the managing Committee and the General Body of the PP scheme. He is to supervise the overall functioning of the scheme smoothly. He shall investigate the case by himself or in consultation with the secretary and/or by appointing 2 or 3 IDA members whom he feels fit. The chairman shall enjoy the casting vote in case any issue comes up with the equal votes either in a Managing Committee or in the General Body and shall discuss and settle cases on behalf of the scheme in consultation with the Hon. Secretary.

Hon. Secretary:

He shall make all the correspondence, shall see to the smooth functioning of the office, shall investigate the case by himself and or in combination with the chairman , shall discuss and settle cases, arrange meetings, contact advocates and gather necessary particulars of the case concerned. He shall be in-charge of the duties entrusted to him by the managing Committee of the scheme or the chairman from time to time.

Hon. Treasurer:

He shall collect the membership fees and pay damages in cheque signed by the Treasurer and the Secretary. He shall maintain day-to-day accounts of the scheme, and present the audited accounts to the Managing Committee, General Body and the State Ex. Committee for ratification.

Vice-Chairman:

He shall assist the Chairman in all his duties, shall preside over the Managing Committee meeting and the General Body in the absence of the Chairman and shall investigate cases directed by the Chairman.

Joint Secretary:

He shall assist the Hon. Secretary in carrying out his official duties and shall act as Hon. Secretary in his absence.

Internal Auditor:

Internal Auditor shall have constant watch on the functioning and the accounts of the Scheme. He shall go through the details of any case at any time and report the matter to the Chairman and the State President of IDA and if necessary to Managing Committee. He shall have the access to the records of the Scheme.

Local Branch Representative:

he shall supervise the functioning of the scheme in his Local Branch and shall act as a liaison officer between the State and the Branch Office bearers. When an incident occurs in any branch in his district, he will immediately go and enquire about the incident and report the details to the State Office bearers. He shall also be in charge of the duties entrusted to him by the Chairman of the scheme from time to time.

MANAGING COMMITTEE MEETING:

The Managing Committee of the PP Scheme shall meet at least 3 times a year out of which one should be prior to the General Body of the scheme and IDA Annual Conference. The other three meetings shall be help before each SEC meeting and the detailed report of the PP scheme shall be submitted to SEC for guidance and approval.

FUNCTIONS OF THE MANAGING COMMITTEE:

The Managing Committee shall receive, discuss, amend or approve the reports and accounts by the Hon. Secretary. Treasurer and the Internal Auditor for the period between 2 consecutive Managing Committee Meetings.

The quorum of the Managing Committee shall be 10, out of which 5 shall be from Local Branch Representatives. Non attendance of 2 consecutive meetings without valid reasons will disqualify him from the membership of the Managing Committee. In such case the Chairman will fill up the vacancy by nomination.

GENERAL BODY:

The General Body of the Scheme shall consist of all current members of the scheme. The General Body shall meet ordinarily once in a year to coincide with IDA Annual Conference. The quorum of the General Body shall not be less than 10% of the total current membership in the register on that day. All the decisions shall be made by A simple majority.

A non-quorum meeting shall be adjourned for 10 minutes and subsequently shall transact the business as per the agenda only. But such General Body shall take decisions by 2/3rd majority only.

On issues concerned with constitutional changes and policy matters the decisions of the General Body of the scheme shall be ratified by the State Ex. Committee. The requisition meeting of the General Body can be called by signature of not less than 25 % of the members on the register on that day. If there is no quorum at such meeting, the same shall be deemed to be dissolved for that particular requisition. The Managing committee can convene an extra ordinary General Body meeting on 2 weeks notice.

DISSOLUTION OF THE SCHEME:

In case it becomes impossible to achieve the objectives of the PP Scheme, the General Body of the scheme shall be convened by the Hon. Secretary and such meting if attended by the majority of 3/4th majority, the scheme shall be dissolved subject to ratification by the State Ex. Committee of IDA Kerala State. If so decided another such extra ordinary General Body meeting of the current members shall be convened by the Hon. Secretary thereupon to make final settlement of the liabilities and to collect the outstanding assets if any Balance amount in the account shall be handed over to the IDA Kerala State Branch for utilizing for charitable purpose. This will be treated as final, legal and non-negotiable.


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