CONSTITUTION and BY-LAWS
CONSTITUTION and BY-LAWS
CONSTITUTION and BY-LAWS
The Indian Association of Conservative Dentistry & Endodontics is a registered organization as defined
by the Societies Act and as such is registered with the Registrar of Societies at Chennai on date 5th
March 2012
Registered Number 31/2012 dated 5th march, 2012 at the Registrar of Societies, Central Chennai,
Tamilnadu.
Every Aspect is classified as Articles and Sections under Articles for ease of Reference.
ARTICLE - 1
Name:
The name of this organization shall be Indian Association of Conservative Dentistry and
Endodontics. In short, the organization may be referred to as “IACDE”.
Door No. Z 279, 5th Avenue, Anna Nagar, Chennai – 600040, Tamilnadu, India.
ARTICLE - 2
The administrative office of the organization shall be within the Tamilnadu. since the Association is
registered under TAMIL NADU SOCIETIES REGISTRATION ACT 1975. The communications
address will be addressed to the Elected Secretary and the Administrative office.
ARTICLE - 3
The aims and objectives for which the Organization is established are as under:
1. To promote the co-operative effort of its members with regards to the advancement of Science and
Practice of Conservative Dentistry and Endodontics in India.
2. To convene activities such as scientific meetings, seminars, symposia etc. at periodic intervals at
convenient places for the dissemination of knowledge and skills for the advancements in the subjects
of Conservative Dentistry and Endodontics.
3. To promote academic activities through the voluntary help of Department of Conservative Dentistry
and Endodontics in various dental institutions in India and recognized study clubs or groups of
academia in the subjects of Conservative Dentistry and Endodontics.
4. To encourage Research and Development activities pertaining to Conservative Dentistry and
Endodontics.
5. To propagate and work for suitable public health measures for the prevention of Dental Caries.
6. To print and publish journals, periodicals, newsletters and other literature relating to problems,
practice, methods and other matters in relation to Conservative Dentistry and Endodontics to help
propagation of new knowledge in the subjects concerned in India and abroad, to the Indian fraternity
for the benefit of the society at large.
7. To represent officially the views of the members of the Organization on all matters affecting or likely
to affect the study and practice of Conservative Dentistry and Endodontics in India to the Government
of India, State Governments, Foreign Governments, Chamber of Commerce, Municipalities, Local
Board, Universities or any other Public and Private authorities.
ARTICLE - 4
Section 1
The organization is not a profit making organization under the State Laws. All the income, earning,
movable and immovable properties of the Organization shall be solely utilized and applied towards the
promotion of its aims and objectives. No profit thereof shall be paid or transferred directly or indirectly
by way of dividend, losses, profits or in any manner whatsoever to the present or past members of the
organization. No member of the Organization shall have any personal claim on any movable or
immovable properties of the organization or can make profit in any manner whatsoever by virtue of his
membership.
Section 2
If this organization is dissolved at any time for any reason whatsoever, the whole or any part of
its movable or immovable properties shall not be distributed to or among the past or present
members. According to the rules of the TAMIL NADU SOCIETIES REGISTRATION ACT 1975
the dissolution will done.
ARTICLE - 5
Members:
There shall be following categories of members and one person can be a member of one category only,
at a given time according to his eligibility. The name and credentials will be recorded in a register. Any
change should have to be notified.
Section 1
1. Founder Members: Persons who have taken part in forming and promoted the organization shall be
treated as Founder Members. As a mark of respect the names of the Founder Members as available in
the record as on the date of foundation, i.e. on 5th March, 1979 and registered in 1982 are noted
herein, viz.,
o Dr. A. B. Srivastava
o Dr. B. P. Rajan
o Dr. V. M. Desai
o Dr. D. R. Shahani
o Dr. C. P. Govila
o Dr. S. S. Dua
o Dr. S. T. Talim
o Dr. Rajiv Shetty
Section 2
2. Life Member: The person holding post graduate degree in Conservative Dentistry/Operative
Dentistry/Restorative Dentistry/Endodontics from any Indian/Foreign University/Board/Statutory
Body recognized by Dental Council of India and whose name appears in part A of Dentists’ Register
of Dental Council of India are eligible for life Membership. Diploma holders are not eligible to
become a member of this association. [Existing members holding Diploma cannot vote or hold any
official post in the organization.]
Section 3
3. Honorary Member: Any person who may be nominated by the Executive Committee and accepted
by the General Body of the Organization can be an Honorary Member. The person should be of
national and / or international repute and by awarding such membership the association will be
honoured.
Section 4
4. Student Member: Any Student who is studying post graduate degree in Conservative/Operative
Dentistry / Endodontics recognized /approved by Dental Council of India are eligible to become
Student Members. They can attend the general body meeting but cannot take part in any discussion or
voting.
Section 5
5. Associate Life Member: There will be no provision for new associate life members henceforth.
[Existing Associate members: cannot vote or hold any official post in the organization.]
Article - 6
Article - 7
Only the founder members and life members will have voting right, no other category of members will
have the voting right. However, the members of other categories can involve themselves in all
organization activities including attendance in Annual/Extra Ordinary General Body Meeting but
without the right to participate in the discussion and voting. The Life Membership, Associate life
Membership, and Founder Membership is for lifetime unless the membership is ceased as per provisions
in the constitution. The honorary membership of a person will be for the period as may be decided by
the Executive Committee/General Body.
Article - 8
An intending member shall submit the application in the prescribed form duly filled-in with the required
documents of proof to the General Secretary along with the stipulated membership fees. The General
Secretary shall approve the membership after perusal of the documents and ratify the action of awarding
membership after the approval of the executive committee.
Article - 9
Cessation of Membership:
The executive Committee will have the power to take steps against the member even if his membership
has been ceased, to realize any claim which is subsisting at the time of cessation.
Any member, so ceasing to be, shall forfeit all his rights to or claim upon or privileges of the
organization, its properties and fund but shall however continue to be liable for and pay to the
organization all dues which at the time of his or her ceasing to be a member of the organization be
deemed from him or her to the organization.
Article - 11
General Body:
All the members having voting rights shall constitute the General Body. It shall have the supreme
legislative power of the Organization.
It shall have the power to enact, amend and/or repeal any part or whole of the constitution of the
Executive Committee.
The General Body shall have the power to elect office bearers and Executive Committee.
It shall have the power to approve or reject any proposal or recommendation forwarded by the
Executive Committee or any other committee being formed for any particular purpose.
General Body shall not be competent to take up and discuss any matter/issue which has not been
specifically mentioned in the notice upon which meeting has been convened unless permitted by
the chair.
Article - 12
There shall be an Annual General Meeting of the General Body at the date, time, place and agenda as
may be decided by the Executive Committee. The Honorary Member / Associate Life Member / Student
Member will be eligible to attend the meeting but not eligible to take part in any discussion and to vote.
The president or in his absence the 1st or 2nd or 3rd Vice Presidents of the organization in chronological
manner will preside over the Annual General Meeting or Adjourned General Meeting.
Article - 13
A clear 21 days prior notice will be sent through electronic means. (Mail/ Text message / App
notification) to all the voting members, specifying the date, place, agenda and time. The resolutions of
the meeting will not be invalidated due to non-service of notice.
Article - 14
Article - 15
At the Annual Meeting of the Organization the order of business shall be as follows:
Call to order by the president.
Reading the minutes of Previous Annual General Meeting, statement of action taken and its approval.
Report of accounts by the treasurer and its approval.
Report of the editors of publications.
Report of the secretary and its approval.
Election of office bearers and Executive Committee Members.
Any other business by permission of the chair.
Address by outgoing president.
Handing over charge.
Adjournment.
Article - 16
Article - 17
Section - 1
Notice of Extra-ordinary General Meeting: The Extra ordinary General Meeting may be called by the
Executive Committee. The Executive Committee shall, on the written requisition of minimum one-
fourth of voter members may decide to call an Extra-ordinary General Meeting on the specified subject
as may be proposed by the members within 45 days from the date of receipt of requisition and issue
notice accordingly as per Rules. If Executive Committee does not issue notice for meeting to be held
within 30 days hence, the members requisitioning for the meeting may issue a notice of such meeting
by themselves, informing the office of Organization the date, time and place of the meeting. If no such
notice is received in the office of the Organization within 75 days, the requisition will be deemed to be
ineffective.
Section - 2
Quorum of Extra-ordinary General Meeting and the Business: : One- third of the total members
shall form the quorum in which at least half of the members who requisitioned for the meeting shall
have to be present, otherwise the meeting will be deemed to be cancelled.
In the Extra-ordinary General Meeting, only the agenda for which the meeting has been called on will
be discussed and a decision will be taken and no other issue for any reason will be taken up for
discussion.
Section - 3
All General Body Meetings other than Annual General Meeting or Adjourned Annual General Meeting
shall be called Extra-Ordinary General Meeting.
Article - 18
Article - 19
Office Bearers
The Office Bearers shall be the administrative body of the Organization. The committee shall have all
administrative powers and duties, those specifically reserved to the general body, viz.
To create such posts, appoint and control such staff as may be required for the effective management
of the affairs of the Organization and to regulate their recruitment and conditions of their service.
To prepare and execute detailed project & plan programs for the furtherance of the Organization.
To receive and to have custody of the funds of the Organization and to manage its properties.
To accept any endowment, funds, subscription and donations, provided the same is conditional and not
inconsistent with the objectives of the Organization.
To manage expenditures as per the budget.
To lay down terms and conditions governing fellowship, deputations, grants in research schemes and
action projects.
To appoint committees with power to co-opt, for disposal of business of the Organization or for advice
in any matter pertaining to the objects of the organization.
Article - 20
Composition:
Executive Committee (EC) Member – Twenty Three Term of Office - One Year
20 Elected members plus 3 Nominated/Ex Officio members (three Past Presidents after the
completion of their term as Immediate Past President).
All office bearers elected for a term shall be eligible for re-election, except for the President, who shall
not normally be eligible for re - election until one year has elapsed.
The person who has been elected as President Elect in the Annual General Meeting shall take over the
post of President in the next session for the period of one year i.e. up to the subsequent Annual General
Meeting.
Note: The number of EC Members has been increased from 15 to 20 based on 1:400 ratio of the
total IACDE members.
The number of Vice Presidents has been increased from 3 to 4 based on 1:2000 ratio of the total
IACDE members.
Article - 21
President:
The President shall preside over all Annual or Extra-ordinary General Meeting and/or meetings of the
Executive Committee or any other committee being formed for any purpose as per provision of the
constitution.
The President will have the right of having the casting vote only in case of a tie but otherwise has no
voting right during the tenure of his holding the portfolio of President.
A member can be a President only once in his/her lifetime.
Article - 22
President Elect:
There shall be one President Elect elected from the Annual General Meeting.
A person who is a voter member at least for twelve years and has been an elected member of the
Executive Committee for a minimum of two years and Vice President for one year or Honorary
General Secretary for one term, with a minimum of 60 % of attendance in each year is eligible to
be elected as President Elect.
A person is only eligible to contest if he/she has attended minimum of two National
Conferences & Annual General Meetings (AGM) in the last five years.
The president elect will take over the post of President of the Organization in the very next
Annual Session.
Article - 23
Vice-President:
There shall be four vice presidents to be elected at the Annual General Meeting for one year
only unless re-elected in the next session.
A person who is a voter member at least for eight years and has been an elected member of the
Executive Committee for a minimum of two years with minimum of 60 % of attendance in each
year is eligible to be elected as Vice President.
A person is only eligible to contest if he/she has attended minimum of two National
Conferences & Annual General Meetings (AGM) in the last five years.
The Vice President shall assume the duties of the office of the President in his absence in the
chronological order. [According to the number of votes procured in the election / IACDE
membership seniority].
A member can be a Vice-President only for two terms in his/her lifetime.
Article - 24
Article - 25
General Secretary:
A person who is a voter member for at least ten years and an elected member of the Executive
Committee for at least two years with minimum of 60 % of attendance is eligible to be elected as
General Secretary.
A person is only eligible to contest if he/she has attended minimum of two National
Conferences & Annual General Meetings (AGM) in the last five years.
The General Secretary will hold the office for three successive annual sessions. The General
Secretary cannot hold office for more than two terms.
The General Secretary shall conduct the business of the organization, keep Minutes of all
meetings, keep a list of names and addresses of all members and make a written report on the
work of the organization to the Annual General Meeting and Executive Committee Meetings.
The General Secretary in consultation with the Executive Committee shall supervise and
discharge the activities and business of the Organization. He will be the ex officio member of all
the committees which may be formed from time to time for different purposes during his tenure.
The General Secretary shall sign all official documents, correspondences of the Executive
Committee as well as Organization, and will sign on behalf of the President in his absence, and
will issue vouchers for payment of bills of the Organization. The power of the General Secretary
will be deemed to be as assigned by this constitution. The General Secretary will be one of the
joint signatory with the Treasurer for operating the Bank Account of the Organization.
The General Secretary is authorized to prosecute and defend proceeding on behalf of the
organization before legal authorities.
While applying for the post of General Secretary, the names of the Joint Secretary and the
Treasurer should be given.
A member can be a General Secretary only for two terms in his/her lifetime.
Article - 26
Joint Secretary:
A person who is a voter member for at least five years can be selected by the General Secretary and
appointed by the President as joint Secretary of the Organization and this appointment will not be by
way of election.
A person is only eligible to be selected if he/she has attended minimum of two National
conferences & Annual General Meetings (AGM) in the last five years.
The Joint Secretary shall assist the General Secretary in supervising and discharging the activities of
the Organization, shall collect the financial report from the Editor about the transaction, shall keep the
balance sheets, shall make a report of his office to the Executive Committee and shall place a complete
report of the financial condition of the Organization.
In the absence of the General Secretary, the Joint Secretary will hold the office of the General
Secretary for all purposes. In case of the Secretary's post falling vacant the Joint Secretary will hold
the office of the General Secretary for all purposes. In case of the Secretary's post falling vacant the
joint Secretary will hold the office of the Secretary till the next Annual General Meeting.
Joint Secretary cannot contest for any other post without getting elected as Executive Committee
(EC) Member.
Article - 27
Treasurer
A person who is a voter member for at least five years can be selected by the General Secretary and
appointed by the President as Treasurer of the Organization and this appointment will not be by way of
election.
A person is only eligible to be selected if he/she has attended minimum of two National
conferences & Annual General Meetings (AGM) in the last five years.
The Treasurer shall be one of the joint signatory with the General Secretary for operating the Bank
Account of the Organization.
The Treasurer will always keep and maintain the books of account to be audited by a licensed Auditor
and place the same in the Annual General Meeting. All members will be entitled to receive a copy of
the Audited Accounts prior to the Annual General Meeting at the cost of the Organization.
Treasurer cannot contest for any other post without getting elected as Executive Committee
(EC) Member.
Article - 28
Journal Editor:
A person who is a voter member for at least ten years and an elected member of the Executive
Committee for at least two years with minimum of 60 % of attendance is eligible to be elected as
Editor of the official Journal of the Organisation.
A person is only eligible to contest if he/she has attended minimum of two National Conferences
& Annual General Meetings (AGM) in the last five years.
Additionally, the editor must fulfil the following criteria: The member contesting to be Editor should
have two publications as first author at state / national / international level in recognized peer-reviewed
journal.
Should have been in the Editorial Board of a State or National, Dental or Conservative Dentistry peer-
reviewed journal.
The Editor cannot hold office for more than two terms.
The Editor shall supervise the official journal of the organization, the Journal of Conservative
Dentistry with the assistance of the Editorial committee/board to be formed by the editor. The General
Secretary and President will be the members of the committee along with others.
The Editor will always be entitled to have a separate fund to be freely available for his activities and
the Editor will be entitled to give advice for raising this fund.
The Editor will be bound to maintain proper Accounts and will submit the audited accounts to the
Joint Secretary within the month of October of each year. The time may be extended by the General
Secretary on prior request.
The Editor can have two Associate Editors and the same will be appointed by the President.
The Associate Editor should be a voter member for at least five years.
A member can be a Journal Editor only for two terms in his/her lifetime.
Article - 29
Newsletter Editor:
A person who is a voter member for at least eight years and an elected member of the Executive
Committee for at least two years with a minimum of 60 % of attendance is eligible to be elected as
Newsletter Editor of the Association.
A person is only eligible to contest if he/she has attended minimum of two National Conferences
& Annual General Meetings (AGM) in the last five years.
The Newsletter Editor will hold the office for two years and for just one term.
The Newsletter Editor can have one Associate Editor and the same will be appointed by the President.
The Associate Editor should be a voter member for at least five years.
A member can be a Newsletter Editor only for one term in his/her lifetime.
Article - 30
Article - 31
The Office Bearers shall have at least four EC meetings in a year (AGM to AGM).
Article - 32
Liability
The liability of the IACDE is limited to its assets. Personal liability of its members is expressly excluded.
Article - 33
Article - 34
Amendments
These By-Laws may be amended at any session of the AGM by a two third majority, provided that the
proposed amendments are communicated to the members before the AGM at which the amendments are
to be discussed and voted on.
Article - 35
DISSOLUTION OF IACDE
The IACDE can be dissolved by a decision of a three-quarters majority of the present or represented full
members.
The Executive Committee will carry out the liquidation, prepare a report and deliver the final settlement
to the AGM, which decides upon the fate of the balance at the bank.
The balance at the bank will be distributed to other non-commercial, non-profit making organization(s)
operating in the interest of the public.
In the event of a deficit balance, the liability of the membership will be limited to an amount not
exceeding the level of the annual dues.
Article - 36
EMPLOYMENT
If necessary, the Association may take on employees whose employment, discharge and salaries shall
be decided by the General Secretary and Treasurer, appointed by the President and informed to the
Executive Committee.
Article - 37
I) JURISDICTION
All the disputes of the association will be subjected only Chennai jurisdiction.
a) If any dispute arises within the association members or between members on association
functionary or executive or any nature which is not personal in nature, the petition should be
addressed to the Grievance Committee, failing which shall be present in the Executive
Committee. If unresolved shall go to Arbitration.
a. Arbitration. All disputes, controversies, claims and differences arising out of, or relating to
Association, or any alleged or actual breach thereof, which cannot be settled through
correspondence, mutual consultation and negotiations between the members and the Association,
shall be finally settled by arbitration before a single arbitrator in accordance with THE
ARBITRATION AND CONCILIATION ACT 1996.
Arbitration will be deemed to have commenced when one Party notifies the other in writing that
it is demanding formal Arbitration.
b. Location. Arbitration proceedings shall be held in Chennai in the state of Tamilnadu.
c. Authority of Arbitrator. The Arbitrator shall allow the Parties reasonable time to conduct
discovery, and shall adjudicate all discovery related disputes. The date, time and specific
location of the arbitration proceedings shall be mutually agreed to by the Parties, but if no
agreement is reached, then by the Arbitrator. The decision of the Arbitrator on all matters
before them shall be final and binding on the Parties, not subject to appeal and shall deal with
the questions of costs of the arbitration, attorney’s fees and all other related matters. Judgment
upon the award or decision rendered by the Arbitrator may be entered in any court having
jurisdiction, or application may be made to such court for a judicial recognition of the award
and order of enforcement thereof, as the case may be.
Article - 38
The association shall maintain proper Accounts books of account and at the expiration of each
financial audit year, prepare receipts, expenditure account, a balance-sheet and shall use them
to be audited by an auditor.
Article - 39
Election process would be online election only under force majeure situations
Article - 40
FORCE MAJEURE. Neither Association or members shall be held liable for any failure or delay
in performing an obligation under this Association activities that is due to any of the following
causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act,
epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities,
breakdown of web host, breakdown of internet service provider, natural catastrophes,
governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion,
generalized lack of availability of raw materials or energy.
Amendments 1
* Any changes or additions made by the SRO will be adhered in the new by- laws accordingly.