Rules and Regulations of PHFI - Public Health Foundation of …

1 Page 1 of 19 THE SOCIETIES REGISTRATION ACT, 1860 Rules AND Regulations OF THE Public Health Foundation OF INDIA CHAPTER I: general PROVISIONS 1. TITLE These are the Rules and Regulations of the Public Health Foundation of India (" Rules "). 2. NAME AND REGISTERED OFFICE The name of the society is Public Health Foundation of India ("Society"). The registered office of the Society is located at 431 A, 4th Floor, Rectangle 1, Behind Saket Sheraton Hotel, Commercial Complex, D4, Saket, New Delhi-110017. 3. DEFINITIONS AND INTERPRETATION In these Rules , unless the context otherwise requires or unless otherwise defined or provided for herein, the capitalised terms used shall have the following meaning: "Act" shall mean the Societies Registration Act of 1860, as amended and in force in the National Capital Territory of Delhi; "Annual general Meeting" shall have the meaning assigned to it in Rule ; "Applicable Laws" mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, by-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any authority having jurisdiction over the matters in question.

2 "Chairman" shall mean the chairman of the Executive Committee and the general Body, appointed in accordance with the Rules ; "Executive Committee" shall mean the governing body of the Society, appointed in accordance with the Rules and to whom the management of the Society is entrusted under the Rules ; " general Body" shall mean the body comprising of all the Members of the Society; "Government Representatives" shall mean the individuals who have been nominated, elected or appointed as Members of the general Body and who are affiliated to the Government of India or the government of any state in India and includes individuals who are Members of the Page 2 of 19 general Body in their ex- officio capacity but not those who are Members of the general Body in their individual capacity; "Member" shall mean any Person admitted into the general Body of the Society in accordance with the Rules and whose membership has not been terminated in accordance with the Rules ; "Member Secretary" shall mean the member secretary of the Society and this post shall be held by the President of the Society; "Memorandum" shall mean the memorandum of association of the Society; "Nomination Committee" shall mean the committee appointed by the Executive Committee and ratified by the general Body to carry on the functions specified in the Rules and other functions that may be conferred upon it by the Executive Committee; "Person" shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, or any other entity that may be treated as a person under Applicable Laws; "President" shall mean the president of the Society who is elected in accordance with the Rules ; " Rules and Regulations " or " Rules " shall mean these Rules and Regulations of the Society; and "Rule" shall mean the specific rule of the Rules and Regulations .

3 Other Terms Other terms may be defined elsewhere in the text of these Rules and Regulations and, unless otherwise indicated, shall have such meaning throughout these Rules and Regulations . Interpretation (a) Words using singular or plural number also include the plural or singular number, respectively and words of any gender are deemed to include the other gender. (b) All communications which are to be made in writing under these Rules may be made by any electronic medium such as facsimile or email. CHAPTER II: general BODY 4. ADMISSION OF MEMBERS The Executive Committee, in line with the objectives of the Society, may prescribe such qualifications and eligibility requirements for the membership of the Society, as it may deem fit. Page 3 of 19 Subject to qualifications specified by the Executive Committee in accordance with Rule , the general Body, at its discretion or on recommendations made by the Executive Committee, may invite Persons to join the Society as Members.

4 Each Person so invited, may be inducted into the Society after the invitation has been accepted by the Person and the acceptance is communicated to the general Body. Notwithstanding anything contained in Rule , Persons, who are desirous of being members of the Society, may submit their applications for membership at the Registered Office of the Society. Applications which fulfil the criteria laid down by the Executive Committee, if any, will be placed before the general Body. The general Body, at its absolute discretion, may or may not accept applications for membership. The Executive Committee may permit a Person to be a Member of the Society, provided that such Person's membership will be subject to the general Body accepting his induction into the Society at the next meeting of the general Body. Such Person will not have the rights conferred upon the Members unless the general Body approves his induction. 5. CONSTITUTION OF THE general BODY The general Body will comprise of all the Members of the Society appointed in accordance with Rule 4.

5 The general Body will comprise of a minimum of seven (7) Members. Provided that the President of the Society shall not be a Member of the general Body during his tenure of service as the President, unless the general Body permits otherwise. Notwithstanding anything in Rule 4 and Rule , the following will be the ex-officio Members of the general Body: (a) The Secretary of the Ministry of Health and Family Welfare, Government of India; (b) The Director general of Health Services, Ministry of Health and Family Welfare, Government of India; (c) The Director general , Indian Council of Medical Research; and (d) One representative from the office of the Prime Minister of India ("PMO"), as may be nominated by the PMO from time to time. Where a Person has become a Member of the Society by reason of the office or appointment he holds with the government or a body corporate or any other Person, his membership with the Society will stand terminated when he ceases to hold such office or appointment.

6 A roll of Members, giving details of their occupation, address and such other details, as may be specified by the Executive Committee, will be maintained. This roll will be prepared and updated by the Member Secretary and will be kept at the Registered Office of the Society or at such other office as the Executive Committee may specify. 6. TERMINATION OR CESSATION OF MEMBERSHIP Removal of a Member Page 4 of 19 (a) Any Member may be removed from the Society on any one or more of the following grounds: (i) breach of the Rules and Regulations or by-laws of the Society by such Member; or (ii) refusal to or neglect in abiding by the Rules and Regulations or by-laws by such Member; or (iii) unauthorised absence for three (3) consecutive Annual general Meetings of the general Body by such Member except as provided in Rule ; or (iv) adjudication of the Member by any court of law to be a criminal offender; or (v) commission of any act by such Member which in the opinion of the general Body is likely to bring discredit to the Society or is prejudicial to the interests of the Society or is otherwise subversive of the objects of the Society.

7 (b) Resolution for removal of a Member may be proposed at a meeting of the general Body, which may or may not be the Annual general Meeting. The Member may be removed from the general Body, on any of the grounds mentioned in Rule (a), by a resolution passed by simple majority of the Members present and voting at the meeting. Once the resolution for removal of a Member is passed, the Member shall be deemed to have been removed from the general Body from the date of passing of the said resolution. Provided that no such resolution shall be passed unless a prior written notice of at least fifteen (15) days ("Notice") is given to the Member who is sought to be removed. The Notice shall specify the grounds on which the Member is sought to be removed and the conduct for which the removal is being sought. The Member shall thereafter be given an opportunity to present his case against his removal, either in person at the meeting of general Body, or in writing, by submitting a written representation at the office of the Society, three (3) days before the date on which the meeting of the general Body is scheduled.

8 (c) In case a representation is made by the Member who is sought to be removed, the general Body, after considering the representation made by the Member, shall pass a resolution for either removing the Member or retaining him in the general Body or such other resolution as it may deem fit. In case the Member, who is sought to be removed, does not make a representation in accordance with Rule (b), he shall be deemed to have waived his right to make such a representation and the general Body shall be at liberty to pass any resolution as it may deem fit, including without limitation, a resolution to remove the Member or to retain him as a Member of the general Body. The resolution passed by the general Body in accordance with this Rule (c) shall be binding on the concerned Person and all other Members. The general Body, at its sole discretion, may consider the re-membership of any Person who has been removed from the general Body in accordance with this Rule , into the general Body at any time after his removal.

9 Resignation by a Member A Member may resign at any time from the membership of the Society and such resignation shall be accepted by the general Body, subject to the Member fulfilling any pending obligations and clearing all dues with the Society, if any. A Member willing to resign from the Society shallPage 5 of 19 submit a resignation letter to the general Body and the general Body shall consider this resignation at its next meeting. The resignation shall be deemed to be effective from the date of passing of the resolution by the general Body approving the resignation of the concerned Member. Notwithstanding anything in this Rule 6, in case a Person is a member of the general Body and the Executive Committee, the termination of membership of such a Person from the general Body under Rule or , shall not affect the Person's membership to the Executive Committee, unless the resolution passed by the general Body for either removing the Person or accepting his resignation expressly states the same.

10 Leave of absence Any Member, who is unable to attend any meeting(s) of the general Body, may seek a leave of absence from the general Body. The general Body shall consider such applications and decide on whether or not the leave is to be granted to the concerned Member. In case the general Body decides to grant leave of absence to the Member, the absence of such Member, during the period for which the leave of absence has been duly granted, will be considered authorised leave and will not be taken into account for the purpose of Rule (a) (iii). Attendance A member shall be required to be present in at least one of three consecutive GB Meetings for which due notice has been provided. If a GB member s attendance at PHFI GB meetings has been less than 1 in the 3 pre-decided previous meetings, the Chairman will take note and discuss with the member concerned requesting for greater participation or requesting their resignation keeping in mind their other priorities that might be holding back their participation.