Constitution of Docs on Wheels (DOW)

Constitution

Of

Docs on Wheels (DOW), 2012

Preamble:

Feeling the need to contribute towards the upliftment of the general people in the field of primary health care and increase awareness about preventive medicine “Docs on wheels” (DOW) has been formulated. Based on the principle that the members of the Association should be honest and patriotic citizens, national servants and ready to render service to any person and this Association whenever deemed necessary, this association has been developed and initiated. To fulfill these objectives, this Constitution has been prepared and issued on 1^st January 2012.

Definition: Unless the subject or context otherwise requires, in this constitution

(a)   “Constitution” means the Constitution of Docs on Wheels, 2012.

(b)      “DOW” means Docs on Wheels.

(c)       “Association” means Docs on Wheels.

(d)      “Rule” means the rules framed under this Constitution and Regulation of the Association made from time to time.

(e)       “Declaring directors” or “DD” means the founding member of the Association.

(f)       “General Assembly” means the General Assembly of the Association.

(g)      “Executive committee” means the Core Executive Board of Directors. (CEBOD)

Chapter – 1

Preliminary

1.         Title: This association shall be called “Docs on Wheels”.

2.         Short title: DOW – to be pronounced together as a single syllable.

3.         Existence of the Association: This Association shall be an autonomous body and shall be non-profitable, non-political and non-governmental organization.

4.         Moto of the Association:  On the move, For the Community

5.          Logo of the Association: The logo shall contain a combination of eagle wings laterally, a wheel in the center and the snake shaft below and behind the wheel. The color shall be Red symbolizing blood and thus life.

Eagle:

Eagle wings symbolizes eagle spirit i.e. Confidence, Fearlessness and Sovereign

Solidarity: Like an Eagle that doesn’t depend on external source to fly high in the sky, we depend on our own genuine ideas, creativity and solidarity to produce the power for our wheels helping us to be on the move with an Eagle spirit.

Non alignment: Like an eagle that moves ahead beyond boundaries with full confidence without submitting to any kind of pressure, sovereign and fearless, we are always on the move without being influenced by any party politics and government. 

Wheel:

Wheel symbolizes the basic belief of the association which is: DOW is not only an association of medical persons as a mobile health unit but also an association of people moving ahead with new ideas, ingenuity, creativity and solidarity.

Snake shaft:

It denotes the medical Profession.

Snake sheds its old skin and renews it with the new one so it symbolizes the dual nature of medical person which has to deal with life and death. The venom of the snake symbolizes the nature of the drugs which can be harmful but also useful.

Shaft symbolizes the support a medical person gives to the needy ones.

6.         Seal of the Association: The logo of the association shall be considered the official seal with some modifications. “DOW” shall be written in the upper part of the wheel, the motto on the lower part and date of establishment (2012) on the center.

7.         Flag of the Association: The flag shall contain the red Seal in a black background bounded by a blue border. Yellow radiations appear from the logo. The letters and numbers are written in white.

Red symbolizes blood and thus life.

Blue Symbolizes confidence and dignity of this association and being trustworthy for the community

Black background symbolizes the darkness and problems in which the needy people are living in.

Yellow rays radiating from the logo symbolizes the hopes that this association brings to the community. The yellow color represents happiness, joy, sunshine and warmth that this association strives to bring to the community.

Chapter – 2

Objective

1.          The Objectives of the Organization shall be as follows:

a)      Respect for human life

b)      Provide primary health care

c)      Provide preventive medicine education and awareness

Free of cost.

2.         Acts to be Carried out to fulfill the Objectives of the Organization:

a)      The association shall conduct mobile health camps to places deemed necessary.

b)      The association shall conduct preventive medicine awareness programs.

c)      The association structure shall have an executive, councilor’s and investor’s body for the smooth functioning of the association.

d)     The association shall as deemed necessary construct buildings or take such building on lease for providing better health services to the community. The organizations shall purchase office equipment such as computer, telephone, fax, and vehicle or utilize such equipment on lease.

e)      The association shall organize fund raising programs and shall acquire partnership with other organizations in conducting programs for the sake of financial support.

f)       Amounts received by the association shall be deposited in a bank and  thus a bank account shall be operated.

g)      Shall participate and conduct trainings, seminars, workshops, and lectures deemed necessary for development of skills required to fulfill the objective of the Association.

h)      Shall acquire membership of national, international and regional associations having similar objectives and provide the same and shall establish contacts with these associations and shall exchange experiences and ideas.

Chapter – 3

Membership

1.         Classification of Membership:

(a)        General member (annual)

            (b)        Honorary member

            (c)        Guest member (annual)

(d)       Lifetime member

2.         Qualification for Acquisition of Membership:

a)      General Member: A person who is studying or has already completed any course related to medical field and has paid fees according to the Rule. They have the right to vote.

b)      Honorary Member: A person who has made remarkable contribution for fulfillment of the objective of DOW and has rendered service for sustainable development of the nation shall be deemed to be an Honorary Member. Honorary Member shall not have any voting rights.

c)      Guest Member: A person who is the spouse of members of DOW and has paid fees according to the Rule. Guest Member shall not have any voting rights.

d)     Life-time Member: Any general member providing fees according to the Rule shall be a life-term member of DOW. Honorary Life time membership shall be given to person who has made remarkable contribution to DOW and the community.

3.         Disqualification of Membership:

Decision of the Core Executive Board of Directors in all the matters relating the Membership shall be deemed to be final. The Core Executive Board of Directors has the power to revoke and suspend any member without giving any reasons.

The following person’s membership shall be disqualified and revoked:

a)      Who is of unsound mind or insane.

b)      Who has been involved in theft, cheating, fraud or any kind of crimes or who has   misappropriated or abused the property under his responsibility or who has been convicted by a court in a corruption case.

c)      Whose membership fee is due.

d)     Who has done acts to harm and humiliate the dignity of the association.

e)      Who has been found to do financial mishandling.

4.         Membership fee and Procedure of awarding Membership:

a)      Membership fee for lifetime members and annual general and guest membership fee for members shall be as prescribed by the Annual General Assembly.

b)      Membership fee shall be deposited and the application form along with the recommendation by any member of the association should be submitted before the  Core Executive Board of Directors (CEBOD). The CEBOD shall decide as to whether or not membership should be granted to such person.

Chapter – 4

General Assembly and meetings

1.         Procedures relating to General Assembly and Meetings:

a)      The General Assembly of the organization shall be as follows:

                                                       I.      Annual General Assembly / Meeting

                                                    II.      Special General Assembly / Meeting

b)      The first annual general assembly of the organization shall be called within one year from the date of establishment of the organization.

c)      Members shall be notified of the agenda as well as of the date and venue of the assembly in advance of 15 days in the case annual general assembly and of 7 days in the case of special general assembly.

d)     Provided, the Executive Committee deems it fit, special general meeting shall be called any time.

e)      Provided, two third majority of the total number of general and life members submit a written application before the Director General, he/she shall call a special general meeting within 15 days from the receipt of such requests.

f)       Other than the matters prescribed in the special general meeting, other matters shall not be discussed without the prior approval of the President.

2.         Function, Duties and Rights of the General Assembly:

a)   Reflect on the programs conducted the previous year.

b)   To approve the annual programs and budget prepared by the Core Executive Board of Directors (CEBOD)

c)   To vote on amendment of the legislation and vote-of-no-confidence on the CEBOD

d)  To elect the non-declaring members of the CEBOD for 2 years.

e)   To determine the membership fee for life members and annual general and guest members.

f)    Handing over ceremony of the director general post in the alphabetical cycle manner.

g)   While voting on any issue, a system of 2/3^rd majority of present members will be followed.

Chapter – 5

Organization Structure

1.         Declaring Directors (DD):

a)   The declaring directors are the founding members of DOW.

b)   Shall act as the principal patron with regards to protection and preservation of the Constitution of this association, its immovable property and prestige.

c)    They shall be entitled to permanent member of the Core Executive Board of Directors (CEBOD).

d)  They shall be entitled to Veto rights that can be exercised for the opposition of any decision of the CEBOD.

e)   They shall form the Election commission prior to the election of the CEBOD

f)    The declaring directors are : Shirish K.C., Rohini Nepal, Vikram Tiwari and Dinesh Duwal.

2.         Core Executive Board of Directors (CEBOD):

a)   The CEBOD shall have 11 members and will be termed as Directors.

b)   The chairman of this board will be termed the Director General (DG) and will be elected among the Declaring Directors in the alphabetical rotational method.

c)   4 permanent members of the CEBOD will be the Declaring Directors.

d)  Remaining 7 members of CEBOD will be elected from the annual general assembly.

e)   From among the elected Directors the Director General (DG) shall appoint one Assistant Director General (ADG), General Secretary (GS) and Treasurer by the recommendation of the Declaring Directors (DD).

f)    Tenure of the Executive Committee shall be for 2 years.

g)   After the term for a particular CEBOD expires and until the next committee is elected by the annual general assembly, all the executive power shall be exercised solely by the Declaring Directors (DD).

h)   Provided, post of any member of the Core Executive Board of Directors (CEBOD) remains vacant prior to the annual general meeting, member to the CEBOD shall be nominated for the remaining period by the Declaring Directors (DD).

i)     The protocol to be followed will be as follows: Director General, Assistant Director General, Declaring Director alphabetically next in line for the Director General, General Secretary and Treasurer.

j)     The opinion of simple majority shall prevail in the meetings and in the event of a tie, the Director General shall exercise the final casting vote.

k)   All the Declaring Directors shall have the right to Veto against any decision to be taken by the CEBOD.

l)     All works to be performed by the association shall be executed through the decision of the CEBOD and shall be supervised by it.

m) It shall implement the policy, directives and decision of the General Assembly and the objective of the Association.

n)   The treasurer shall formulate the budget and the CEBOD has to pass it before tabling it in the annual general assembly.

o)   In case the Director General chooses to resign, he/she shall submit his/her resignation to the next in line.

p)   In case Assistant Director General, General Secretary, Treasurer or a director wises to resign he/she shall submit his/her resignation to the DG

q)   Sub committees: Following the provisions of the Constitution and as deemed necessary other committees and sub-committees shall be constituted. Function of such committees and sub-committees shall be as prescribed by the Core Executive Board of Directors. Provided, constitution of such committees or sub-committees are ratified by the meeting of the general assembly.

3.         Board of Counselor (BOC):

a)      The BOC shall be the body of Experienced Medical persons.

b)      The counselors shall be the source of help, information and support to the Association.

c)      The councilors shall have no right to vote in the General Assembly and shall not be able to interfere in the acts of the CEBOD

d)     The number of councilors shall not be limited.

e)      The tenure of the Board of Councilors shall be for a period of five years. Tenure of the Board of Councilors shall commence from the day he/she joins the Board and shall remain till the end of December of the fifth year.

4.         Board of Investors (BOI):

a)      The BOI shall be the body of an individual, company or an organization that intends to support the association financially.

b)      The number of Investors shall not be limited.

c)      Proper agreements shall be performed before accepting any form of investment in the association.

d)     Core Executive Board of Directors shall have full right to accept or decline any proposals regarding investment in the association.

e)      The Investors shall have no right to interfere in the activity of CEBOD, BOC or the General Assembly.

f)       The investors shall not be given the right to vote in the General Assembly

Chapter – 6

Qualification and function of Posts

1.         Director General (DG):

a)      Qualification

                                                  i.      Should be one of the Declaring Director

                                                ii.      The Director General post is rotated every year in alphabetical order among the Declaring Directors.

b)      Function

                                                  i.      Shall convene the meetings of the Executive Committee and shall make correspondence as deemed necessary on behalf of the organization.

                                                ii.      Shall take the responsibility of leadership of the organization.

                                              iii.      Shall implement or cause to implement the decisions of the general assembly.

                                              iv.      Shall chair the meetings of the General Assembly and CEBOD and in the event of a tie shall exercise the casting vote.

                                                v.      Shall perform other act deemed necessary for the interest of the organization.

                                              vi.      Shall nominate ADG, GS, Treasurer and Member of CEBOD.

2.         Assistant Director General (ADG):

a)      Qualification

                                            i.            Should be elected to the CEBOD from the general assembly.

                                          ii.            The Director General shall appoint the ADG after the recommendation from the declaring directors.

                                        iii.            Should be the member or DOW for at least 5 years and of CEBOD for any 1 term.

                                        iv.            ADG can be among the Declaring Directors.

b)      Function

                                            i.            Shall assist the DG.

                                          ii.            Shall exercise all duties and rights of the DG in his absence.

                                        iii.            Shall evaluate the progress of the work of the organization and inform the same to the DG.

3.         General Secretary (GS):

a)      Qualification

                                            i.            Should be elected to the CEBOD from the general assembly.

                                          ii.            The Director General shall appoint the GS after the recommendation from the declaring directors.

                                        iii.            Should be the member or DOW for at least 3 years.

                                        iv.            GS can be among the Declaring Directors.

b)      Function

                                            i.            Should note the minutes of all the meetings and inform the DG.

                                          ii.            Should relay all the messages of the general members to the DG.

                                        iii.            Should inform the DG and the CEBOD of all the activities of the association.

                                        iv.            Should be responsible for organizing any event under the DG.

                                          v.            Should draft all activities of the programs that was conducted and that is to be conducted.

                                        vi.            Should take care of logistics involved in any program.

                                      vii.            Should assume the responsibility of spokesperson of the association.

4.         Treasurer:

a)      Qualification

                                            i.            Should be elected to the CEBOD from the general assembly.

                                          ii.            The Director General shall appoint the Treasurer after the recommendation from the declaring directors.

                                        iii.            Should be the member or DOW for at least 3 years.

                                        iv.            Treasurer can be among the Declaring Directors.

b)      Function

                                            i.            Should maintain the income and expenditure account and present a report on it to the General Assembly and the CEBOD.

                                          ii.            Should prepare the draft of the annual budget.

                                        iii.            Should be involved in collecting funds.

                                        iv.            Should act as a liaison between the CEBOD and BOI.

5.         Director:

c)      Qualification

                                            i.            Should be elected to the CEBOD from the general assembly.

                                          ii.            The Director General shall appoint the Director after the recommendation from the election commission.

                                        iii.            Should be the member or DOW for at least 2 years.

d)     Function

                                            i.            Shall participate in the meetings of the Executive Committee.

                                          ii.            Shall assist the DG and other officials.

                                        iii.            Shall work for fulfillment of the objective of the organization.

Chapter – 7

Financial Accounts

1.         Account of DOW:

a)      Association’s Account: DOW shall have its own separate account and the following amount shall be deposited in the account.

                                                     i.            Amount received in the name of membership.

                                                   ii.            Grant provided voluntarily.

                                                 iii.            Amount received from the property of the association.

                                                 iv.            Amount received from the Investors.

b)      Procedure Relating to Usage of Fund: The fund deposited in the account of the organization shall be used in the following way:

                                                     i.            Amount from the fund shall not be used before the project and program is approved by the CEBOD.

                                                   ii.            Amount from the fund shall be used after the budget and program is approved by the General Assembly.

                                                 iii.            Financial report of amount used from the fund shall be submitted before the General Assembly by the treasurer.

c)      Operation of Account: The account of DOW shall be operated through the joint signatures of the Declaring Directors and Treasurer.

Chapter – 8

Election

1.         Provisions relating to Election:

a)      Election officer shall be nominated by the Declaring Directors for the election of the Core Executive Board of Directors. Procedures relating to election shall be as prescribed. Provided, no such procedure is prescribed, election shall be held pursuant to the prescription made by the election officer.

2.         Qualification of Candidate: General member are qualified to take part and be a candidate for the election of the Core Executive Board of Directors.

3.          Election Process:

a)      7 members of the CEBOD shall be directly elected by life and general members of DOW.

b)      7 candidates among others with the most votes will be elected to the post of CEBOD.

c)      A two third majority of the members present in the general assembly shall remove a member from the CEBOD through a vote of no confidence.

d)     A note of no confidence against any director of CEBOD should be tabled in the General assembly through the Director General for the vote of no confidence to proceed.

4.         Amendment of Constitution:

Amendment or repeal of any clause shall be done provided two third members of the total number of members of DOW endorse it.

Chapter – 9

Miscellaneous

1.         Dissolution of Organization:

1)         Provided the General Assembly deems appropriate, the organization shall be dissolved through a special resolution.

2)         Provided proposal for dissolution has been passed by 2/3^rd of the total members, the General Assembly may appoint one or more than one liquidator and one or more than one auditor to check the accounts of the organization. The payment of the liquidator and auditor shall be as prescribed by the General Assembly.

3)         The liquidator and auditor appointed shall work in relation to the dissolution of the organization. Provided, the organization is dissolved, the movable and immovable property of the organization shall be the property of Declaring Directors and shall be divided equally among the four Declaring Directors.

2.         Interpretation:
Power to interpret the provisions prescribed under Constitution and Rules and Regulation vests upon the Declaring Directors only.

3.         Matters to be Observed by Officials and Members of the Core Executive Board of Directors:
No officials or member of this association shall perform any act contrary to the interest of the association. Uncivilized and obscene languages shall not be used by the officials or members in any kind of meeting or external seminars and visits.

4.         Adherence to Directive:
It shall be the duty of the association to adhere to the directives provided from time to time by the Government of the country on whose land the association is functioning or local authority.