Resident Doctors Association of Zambia Constitution RDAZ. CONSTITUTION 2009 version

Transcription

1 CONSTITUTION 2009 version 1

2 PREAMBLE Recognizing our privileged position as Medical Doctors and thus the torch bearer and frontline healthcare workers in the Republic of Zambia, being duty bound and acting in the best interest of our beloved country, Zambia, we; the members of the Resident Doctors Association of Zambia do hereby give ourselves this constitution. Further to embracing the Hippocratic Oath we hereby declare to act for the good of humanity, to protect our profession and uphold high professional and moral standards. I. NAME :Resident Doctors Association of Zambia initialed II. LANGUAGE :The Official Language of the Association will be English III. OFFICE :The Head office of the Association will be the Lusaka Province of the Republic of Zambia IV. MISSION :To strive for the provision of quality and equitable Care to all residents of Zambia without regard to gender, colour, ethnicity or religious belief. AIMS 1. To be the voice of all resident doctors from Registrar and below in the public and private sectors. 2. To advocate for the maintenance and elevation of the high professional standards through continuing medical education 3. To protect the rights and privileges of the members by ensuring the enactment of just medical laws and statutes. 4. To advocate for greater investment in the public health sector. 5. To work hand in hand with various stakeholders on matters relating to health. 2

3 Objectives 1. To strive to create, promote, bargain for and attain improved working conditions, remuneration and a better working environment for medical personnel bearing in mind that is the only way to retain the profession in the country. 2. To arrange at regular intervals updates, and lectures or teaching sessions on medical and allied sciences to keep the membership abreast on current evidence in practice. 3. To serve as an authoritative source of information regarding health, disease and medical practice, and related issues in Zambia. 4. To offer consultancy on matters relating to health and health systems as well as to provide training on health related topics. 5. To associate, cooperate and affiliate with local, national and international organizations. 6. To protect the legitimate rights and prerogatives of the physician. 7. To assist with medical personnel required for relief work at time of emergency anywhere in the world. 8. To offer assistance to the families of the members of our members in need due to unforeseen circumstances. V MEMBERSHIP AND MEMBERSHIP FEES 1. Membership is open to all doctors from the level of registrar and below in both public and private institution. 2. The association shall collect mandatory annual subscriptions from its membership at a rate and in a manner prescribed by the Annual General Meeting. 3. The association will be registered under the registrar of societies. 4. The association shall be an affiliate of the Zambia Medical Association 3

4 ARTICLES OF THE ASSOCIATION 1. INTERPRETATION In the articles of the association, the following words or expressions have the meanings hereinafter assigned to them respectively: The association means resident doctors association of Zambia The executive means the governing body of the association. The regulations contained in the article with such modifications or additions thereto as may time to time be enforced. Resident doctor means any Medical Officer having obtained MBChB /MBBS or equivalent from the level of registrar and below; encompassing Internship/Junior Resident Medical Officer, Senior Resident Medical Officer, Senior House Officer, General Medical Officer and Registrar. 2. COMPOSITION The Association shall consist of members whose names appear on the register of the Association at the time when rules and regulations come into force and of subsequent members who are enrolled after the date, in the manner prescribed from time to time by the bye-laws and fully paid up members. 3. REGISTER OF MEMBERS There shall be a register in which the names, addresses, current appointment and qualifications of the members will be entered and will be kept at the registered offices in custody of the Secretary General. 4

5 4. CATEGORIES OF MEMBERSHIP shall have: I. Ordinary members II. Associate members III. Life members IV. Honorary members 5. MEMBERSHIP a) [i]ordinary membership shall be open to any person who is ordinarily resident in Zambia and who has obtained MBChB/MBBS, or its equivalent provided that such a person is not a Senior Registrar or Consultant doctor in employment with the government or any other health care institution (throughout Zambia). [ii]admission shall be subject to the rules and regulations of the Association. Any member who ceases to be a member by resignation or non-payment of fees can be re-admitted on payment of all outstanding dues from the date of cessation of membership. b) Any medical student who is in regular attendance at the School of Medicine at The University of Zambia, or is a full-time student at a University elsewhere engaged in a programme leading directly to a degree acceptable to the association for the purposes of membership and who subscribes to the objectives and ideals of shall be eligible for associate membership. c) Life membership shall be conferred at every Annual General Meeting (A.G.M) to those members who pursuant to the provisions of this Article suffer loss of their ordinary membership. Provided such membership is conferred upon persons who have made and are making significant contribution to the running and functioning of the Association with the exception of voting. 5

6 d) Honorary members will be persons of high scientific or literary attainments or persons who have rendered conspicuous services to the medicine and science or individuals whose contributions are noteworthy to the Association can be elected as honorary members according to the rules and bye-laws hereinafter laid down. Members so elected shall enjoy such privileges as may from time to time be conferred on them under the bye-laws with the exception of voting rights, 6. ADMISSION OF NEW MEMBERS a) Any medical student shall upon completion of his/her medical school and commencement of his/her internship at any government hospital or any other health institution is eligible to admission as an ordinary member. b) Any medical student being an associate member as stated in article 5(b) above shall automatically become an ordinary member upon meeting the requirements of Article 6(a) above. 7. PRIVILEGES AND OBLIGATIONS OF MEMBERS a) A yearly subscription shall entitle a member of all the privileges of the membership of the association for that year. b) Each member shall be supplied with copies of all publications of the Association at a rate prescribed by the Executive. c) Every member will have the right to attend and take part in discussions in meetings and conferences organized by the Association. d) Every member will have the right to vote on all resolutions put forward at any of the meetings held by the Association. e) Each member shall enjoy other privileges as prescribed by the executive and/or the annual general meeting. 6

7 8. DURATION OF MEMBERSHIP Every member shall remain a member until the membership is terminated in accordance with the provisions hereinafter contained. a) By resignation: subject to such notice as may be prescribed by the bye-laws and subject to the provisions of the next succeeding article. b) Ipso facto: save as hereinafter provided by default in payment of subscriptions to the Association may be prescribed by the bye-laws. c) By expulsion: (After inquiry and in the manner prescribed in the next succeeding article) on the grounds that the conduct of the member is determined to dishonor the dignity of the medical profession calculated to bring the profession into disrepute on the grounds that the member has willfully and persistently refused to comply with the regulations of the Association. 9. RESIGNATION AND CESSATION OF MEMBERSHIP a) Any member of the Association may resign there from by written resignation to either the Local Branch Secretary or to the Secretary General of the Association. b) The Executive shall have the power after due inquiry by a prescribed committee empowered by the Executive on their behalf, or which inquiry no less than one month s notice specifying the time and place at which the member may be heard in defense, shall have been served on the member in the manner hereinafter prescribed and finally to expel from membership of the Association. c) A majority of two thirds of those voting members at a meeting of the Executive shall be required for the purpose of exercising the powers conferred by clause 9(a) above. 7

8 d) The expelled member shall, notwithstanding that s/he has ceased to be a member, be liable to pay all due from his/her to the Association. 10. SUBSCRIPTION Save as otherwise provided by the regulations or bye-laws every member shall pay to the Association annual subscription of such amount as may be prescribed from time to time by the Association. The said subscription shall be payable in advance on the 1 st January each year. 11. THE ASSOCIATION YEAR The year of the Association shall be one calendar year proceeding from the 1 st January to the 31 st December of the same year. 12. MANAGEMENT OF THE ASSOCIATION a) The General Assembly of the Association shall be the supreme body. It shall consist of all paid up members of the Association including the office bearers. It shall propose and formulate all the policies of the Association and meet at least once a year on such date, time and place as shall be determined by the Executive. If required, the views of General Assembly shall be obtained through a referendum at the insistence of the President or the Executive in such manner as shall be determined through bye-laws from time to time. b) The day to day control and management of the affairs of the Association shall be invested in the hands of the Elected Executive. To be conducted at AGM. c) Leadership Orientation and Handover workshop to be organized and conducted within 14 days of election of the new executive 13. THE EXECUTIVE a) The Executive s terms of office will be for two (2) years. b) The vacancies will be announced for elections. 8

9 9 c) Candidates shall be nominated 30 days before the AGM d) Nominations with the consent of the candidate shall be submitted to the Electoral Commission. e) Nominations should be supported by four (4) fully paid up members f) The list of successful candidates will be notified to all paid up members a at least 14 days before the AGM in the election year. g) Elections shall be based on a simple majority for all executive positions. h) The candidates will be declared elected after all the votes have been counted by the electoral commission. i) Unopposed candidates will be declared elected without voting. j) Voting shall be secret ballot on prescribed and numbered ballot papers. k) The election of the new executive shall be at the annual general meeting l) The elected President of the Association will be the President of the Executive. m) The elected vice President of the Association will act and preside over meetings in the absence of the President. n) The elected General Secretary and the elected Treasurer will be the Secretary and the Treasurer of the Executive respectively. o) There shall be three (3) committee posts namely; a. Committee member for Public Health b. Committee member for Finance c. Committee member for Planning 14. FUNCTIONS AND POWERS OF THE EXECUTIVE The Executive shall direct, regulate and administer the general affairs of the Association in accordance with the articles and bye-laws of the Association. The Executive shall execute the resolutions passed by the General Assembly. The Executive shall meet as and when necessary but not less than four times per year. The decision of the Executive in all matters not covered by the bye-laws and rules will be final.

10 The Executive shall have power:- a) To frame, alter and repeal rules and bye-laws subject to the confirmation by the AGM. b) To appoint special committee and sub-committees to report and advise on special subjects. c) To appoint ad-hoc office bearers; except that of the President in the event of a position falling vacant. d) To consider and apply for affiliation and pay the required fees with statutory bodies in country and organizations abroad. e) To appoint or remove salaried officers of the Association. f) To co-opt further members to the Executive in the interest of the Association. The co-opted members will not have a voting right. g) To consider and decide all matters related to membership. h) To organize, announce and facilitate the AGM yearly 15. OFFICE BEARERS The following office bearers of the Association shall be elected by the General Assembly in such manner and hold office for such term and shall enjoy such powers and privileges and perform such duties as shall be determined by the constitution. 16. DISCIPLINE a) It is the moral responsibility of the members to conduct themselves in a manner that does not bring the name of the Association into disrepute. b) Members shall attend all scheduled meetings in a sober state and erring members shall be requested to leave by two third of the quorum promptly and disciplinary proceedings shall be instituted. c) The members shall attend all scheduled meetings however in the event that they are unable to do so notification shall be made available to the convening parties. 10

11 d) Failure to attend three (3) consecutive meetings without justified cause shall result in commencement of disciplinary proceedings against the erring member. e) If an executive member is found with a case to answer he shall be informed both in writing and verbally within seven (7) days of the quorum decision. f) The erring member shall be requested to exculpate him/herself before the quorum in writing and verbally at a hearing g) If the erring members report is unsatisfactory s/he shall then be referred to the disciplinary committee and a copy of the members report is sent to the disciplinary committee. 17. DISCIPLINARY COMMITTEE a) A disciplinary committee shall be convened on an ad-hoc basis whenever there are disciplinary matters involving erring executive members needing attention. The disciplinary committee shall be convened after a quorum of the executive committee members finds an erring member with a case to answer. The quorum shall vote to convene a disciplinary committee b) The disciplinary committee shall be composed of three (3) members drawn from the Zambia Medical Association and two (2) fully paid up members drawn from the general membership of the association c) All members of the disciplinary committee need to be present before the resumption of business d) Members of the disciplinary committee must be in good standing and must not have ongoing disciplinary action against them. e) The committee shall nominate / elect a chair and secretary during the disciplinary hearing. 11

12 f) The erring member appearing before the disciplinary committee shall be asked to swear on the bible or other such religious relics, that the evidence s/he shall give shall be the truth, the whole truth and nothing but the truth i. The disciplinary committee shall request the member to identify himself ii. The case/charge shall be read to him/her and s/he will be asked to take plea (guilty/not guilty) iii. A hearing shall then be conducted iv. The member appearing before disciplinary committees shall then be requested to narrate his/her account of things. g) If plea shall be guilty, the disciplinary committee shall recommend to the executive in writing the best course of action h) If plea is not guilty, deliberations shall be conducted and the disciplinary committee shall compile its findings and send a report to the executive for best course of action to be taken by the executive. i) The erring party shall be communicated to in writing within 14 days of the executive committee s receipt of the report from the disciplinary committee 18. MEETINGS A quorum shall be said to be constituted when two thirds (2/3) of the executive is present. An agenda of items shall be present Reading, corrections and adoption of previous meetings minutes shall be done All adopted minutes shall be signed by the chairperson of the meeting and the secretary general An attendance sheet shall be issued Minutes to the meetings shall be recorded a) PRESIDENT S/he will be elected for a term of two (2) years. S/he will be chair of all meetings unless in his absence S/he will be the official spokesperson for the association 12

13 The candidate may be allowed to run for maximum number of two (2) terms only S/he will guide and control the activities of the Association S/he will regulate the proceedings of the meeting, interpret the rules and bye-laws and make decisions about doubtful points and issues. b) VICE PRESIDENT S/he will be elected for a term of two (2) years. S/he will chair the meetings of the Executive and General Assembly in the absence of the President S/he will act in the absence of the president and discharge his duties as the office may require S/he shall be the chair of all committee meetings All committee members shall report to the vice president of the association c) GENERAL SECRETARY S/he will be elected for a term of two (2) years S/he will be in charge of the office and conduct all correspondence S/he will organize, arrange and notify meetings, conferences, lectures and social functions S/he shall maintain a record book for all correspondence received or sent by the organization S/he will attend all meetings and keep records of the proceedings S/he will maintain a register of all members of the Association. S/he will bring any matters which s/he considers necessary in the interest of the Association to the notice of the Executive. S/he shall maintain the records of the association in a good state S/he shall prepare agenda s in collaboration with other members of the executive for various meetings organized by the association 13

14 S/he shall be responsible for recording of minutes during meetings and in his absence the recording of minutes shall be delegated to available persons as may be determined during the meeting S/he shall keep a file of all minutes S/he shall circulate an attendance sheet during all meetings S/he shall maintain the postal box, account, website and organizational stamps/seals. S/he shall keep the copies of the General Orders of the Civil Service S/he shall keep a copy of the Health Professions Council of Zambia Act formerly Medical and Allied Professions Act S/he shall maintain a copy of Volume 17 of the Laws of Zambia d) TREASURER Shall be elected to office for a period of two (2) years S/he shall work with the assistance of the finance committee in discharging his/her duties S/he shall run a financial year corresponding to the tenure of office two (2) years S/he shall develop an annual budget for the organization to run in tandem with the annual activity plan for the association S/he shall manage the financial affairs of the association S/he shall keep all the necessary books of entry, cheque books, receipt books, invoices and other books pertaining to the organizational financial matters S/he shall maintain records of the associations assets and liabilities S/he shall ensure all financial obligations pertaining to the organization are managed appropriately S/he shall organize fundraising activities in conjunction with other executive members S/he shall preside over the collection of subscription fees from the membership S/he will sign all the cheques together with the designated signatory 14

15 S/he shall ensure that the organizational accounts are audited and that the financial statements are prepared at the end of a financial year S/he shall maintain a copy of the national budget for the year during his/her tenure of office S/he shall maintain a copy of the Medium Term Expenditure Framework e) FINANCE COMMITTEE MEMBER S/he shall be elected by simple majority for a period of two (2) calendar years S/he shall be chair of the finance committee S/he shall work in collaboration with and assist the treasurer in his duties S/he shall be responsible for research on financial matters that pertain to the association S/he shall report to the Vice President who is Chair of all the committees f) PUBLIC HEALTH COMMITTEE MEMBER S/he shall be elected for a period of two (2) calendar years S/he shall be responsible on matters relating to public health S/he shall be responsible for research in public health S/he shall maintain appropriate public health documents S/he shall report to the Vice President who is Chair of all the Committees g) PLANNING COMMITTEE MEMBER S/he shall be elected for a period of two (2) calendar years S/he shall maintain a copy of the National Health Strategic Plan S/he shall maintain a copy of the National Development Plan 15

16 S/he be responsible for developing the annual activity plan for the association including in the assignments prescribed by the Annual General Meeting S/he shall report to the Vice President who is Chair of all the Committees Adopted this 15 th day of January at Cresta Golf View Hotel in Lusaka, Zambia At the Annual General Meeting Date Stamp/Seal 16