Constitution of the Islamic Medical Association of Ghana, (IMAGH)

In the name of Allah the Gracious, the Merciful

PREAMBLE

We the health related professionals belonging to the Muslim Community, out of our conviction for sanctity of our medical profession and Islamic concept of humanity and social service, do hereby proclaim the establishment of the Islamic Medical Association of Ghana, so that collectively we all can uphold ethical and moral values, engage in social and professional activities, support educational and intellectual pursuits, upgrade medical care and thus glorify our Association.

There shall be no discrimination on the basis of sex, race, ethnic origin or religious sects.

MOTTO: Health to mankind

MISSION: The Prophet Mohammed (PBH) said that “Allah has not sent down a disease except that He sent down a cure…” [Al-Nasaii, Ibn Majah, Al-Hakim and Ibn Hibban]

To this effect, we hereby set forth and enact the following laws governing the Association, which shall be binding on each and all of us in totality, until and unless properly amended by the provisions herein. So help us Allah! Ameen. c

ARTICLE 1: NAME

The Association shall be known as the Islamic Medical Association of Ghana (IMAGH). Hereinafter referred to as “THE ASSOCIATION”.

ARTICLE 2: PHILOSOPHY OF THE ASSOCIATION

1. The Association is committed to partnerships and collaborations with all Professions and Groups interested in promoting optimal health for humanity.

2. The Association affirms the belief that the health of the people means the total wellbeing of the people and not the mere absence of disease.

3. The Association is committed to the welfare of members and other health professionals

ARTICLE 3: GOALS AND OBJECTIVES

1. To facilitate the understanding and improve relations amongst Muslim health professionals in Ghana and the world at large.

2. To carry out medical outreach programs to the deprived areas of Ghana

3. To serve as an advisory body to appropriate authorities on health policies that may affect the practice of the Muslims’ faith in the profession and community

4. To serve as a common voice for the Muslim health professionals in matters relating to the practice of their faith.

5. To collaborate with hospitals and other health facilities /bodies to increase knowledge and expertise especially in underprivileged areas.

6. To create interactions and cooperation with other medical organizations in Ghana.

7.  To assist newly qualified Muslim health professionals through orientation, adjustment and settlement in their new environment.

8.  To assist its Members in acquisition of latest techniques and knowledge and to inculcate confidence courage and spirit to attain distinction in professional and personal conduct of life.

9. To seek the total welfare of members of the Association.

10. To develop partnerships with all stakeholders who subscribe to and support the philosophy of the Association as outlined in Article 2.

11. To remain true to the philosophy of the Association in carrying out its activities at all times.

ARTICLE 4: MEMBERSHIP

  1. Membership of the Association shall be open to all muslim health professionals duly registered with the appropriate regulatory/statutory body in Ghana
  2. A qualified Muslim health professional resident abroad, who is registrable in Ghana with the appropriate regulatory/statutory body can elect to be a foreign member of the Association.
  3. Each member shall pay to the Association such fee(s), dues and fulfill such other condition(s) as shall be prescribed by the Association.
  4. A member is deemed to be in good standing if such a member has discharged all financial and other obligations as mandated by the Association.
  5. The officers may exempt dues of any active member when in their opinion payment of such dues is hardship upon a member. However special permission needs to be obtained from the President/Ameer of the Association.
  6. Honorary or Associate Membership of the Association may be accorded individuals and groups as may be decided by the Shura Council and the conditions thereof shall be determined by the Shura Council.

ARTICLE 5: ORGANIZATION

The Association shall have a hierarchical structure with clearly defined functions and relationships as follows:

  1. Shura Council: there shall be a Shura Council (hereinafter referred to as THE COUNCIL), which shall be responsible to and derive its powers from the General Assembly. THE COUNCIL shall be the highest decision making body of the Association.
  1. General Assembly: Members of the association in good standing shall constitute the General Assembly.
  1. Divisions: Members of the association in good standing shall constitute the General Assembly.

a) The members of the Association shall be grouped into local bodies to be known as Divisions which shall be directly responsible to the Council and subsequently to the General Assembly.

b) There shall be three (3) divisions. Each division shall consist of contiguous regions. The divisions may be further divided into various chapters.

c) The initial composition of the divisions will be determined by the general assembly at the time of adoption of this constitution

d) The Executive Body may modify this composition in the future based on changes in the number of members in individual chapters and or regions. The goal will be to have efficient running of the association.

  1. Committees: The Association shall have Committees and sub-committees to facilitate its work at the various levels.
  1. National Secretariat: The Association shall have a National Secretariat to be housed at the headquarters of the Association which shall be situated in Accra.

ARTICLE 6: THE SHURA COUNCIL

1. The governing body of the Association shall be the Shura Council (referred to as THE COUNCIL).

2. The Council shall consist of the following members:

a) President/Ameer

b) Vice President

c) Immediate Past President

d) General Secretary

e) Assistant General Secretary

f) Treasurer

g) Divisional Chairpersons (3)

h) Two Non-office holders one of whom shall be a woman

i) Two honorary members with sound Islamic knowledge

3. The Council shall be concerned with and see to the realization of the objectives and goals of the Association

4. The Council shall appoint the National Executives

5. The President, Vice President, Immediate Past President, General Secretary, Assistant General Secretary and Treasurer shall constitute the National Executive Body (NEB).

6. The National Executive Body shall be responsible for the Administration and Management of the Affairs of the Association under the direction of the Council and in line with the provisions of this constitution.

7. No member of the Council shall hold a position on the Divisional Executive Committee EXCEPT the Divisional Chairman.

8. The members of the Shura Council shall be appointed by the outgoing Council (at the end of tenure of the current Council) following consultation with all stake holders in the Association.

ARTICLE 7: GENERAL ASSEMBLY

1. The General Assembly shall comprise members of the Association in good standing who shall have satisfied the processes and conditions of registration to participate in a general meeting convened in accordance with this constitution.

2. The General Assembly shall:

a) Consider matters affecting the national and global interest of the Association.

b) Receive Council’s/other relevant reports, financial statement(s) and audited accounts of the Association.

c) Recommend auditors for the ensuing year.

d) Consider such other business, as the National Executives may recommend.

3. The General Assembly shall nominate eligible member for appointment by the ShuraCouncil as National Executives.

4. The General Assembly shallnominate the appropriate members of the Council in accordance with the provisions of this Constitution.

ARTICLES 8: FUNCTIONS OF MEMBERS OF THE NATIONAL EXECUTIVES

1. The President shall:

a) Function as the Ameer of the Association. The president is the Chief Executive Officer of the Association.

b) Preside over all national meetings of the Association i.e. Council, Annual General Meeting, Special General Meeting at which the president is present.

c) Be responsible in conjunction with the Council for the effective and smooth functioning of the Association at all levels.

2. The Vice President shall:

a) Assist the President in the discharge of the president’s responsibilities

b) Act of deputize for the President in his absence

c) Carry out responsibilities specifically assigned by the President or the Council

3. The Immediate Past President shall:

a) Avail his experience and knowledge in office to effectively advice

Council where appropriate.

b). perform such other duties as Council or the General Assembly may decide.

4. The General Secretary shall:

a) Directly oversee and supervise the administration of the National Secretariat

b) Ensure that minutes of all national meetings are accurately recorded and kept.

c) Present the Council Report covering the activities of the Association for the year to the Annual General Meeting.

d) In conjunction with the President and/or Council, deal with all correspondence and transact other business as assigned specifically by the Ameer.

5. The Assistant General Secretary shall:

a) Assist the General Secretary in the performance of his/her duties

b) In the absence of the General Secretary perform his/her duties

c) Perform such duties as would be assigned specifically by the General Secretary or the Council.

6. The Treasurer shall:

a) Keep books of account of the Association and proper records in relation to the accounts with assistance of the secretariat staff.

b) Prepare the annual budget of the Association for consideration of the Council and final approval at the Annual General Meeting.

c) Ensure that the accounts of the Association are maintained in reputable and recognized bank(s) as the Council shall determine.

d) Monitor the income and expenditure of the Association to periodically advise and update the finance and General Purposes Committee as well as the Council.

e) Ensure that the accounts of the Association for the previous financial year are audited not later than two calendar months before the date for the Annual General Meeting and presented to the General Assembly after consideration by the Council.

7. The other members of the Council shall:

a) Be responsible for duties specifically assigned to them by the President or the Council

b) Be responsible to the group(s) they represent on the Council, and serve as liaison between the group(s) and the Council, where applicable.

c) Effectively report to the group(s) and the Council, where applicable, with information on all relevant issues arising out of meetings on either side

8. Notwithstanding the provisions of this Article, the Council may assign specific duties to individual members of the Council.

ARTICLE 9: OTHER OFFICERS OF THE ASSOCIATION

1. The Editor-in-Chief shall:

a) Be appointed by the Council

b) Be the Head of the Editorial Committee

c) Together with the Editorial Committee oversee and supervise the content and publication of all publications of IMAGH

d) Perform such relevant duties as the Council or the General Assembly may determine

2. The Public Relation Officer (PRO) shall:

a) Be appointed by the Council

b) Assist and advise on public relations business of the Association

c) Perform such relevant duties as may be directed by the President, the Council or the General

Assembly but taking due cognizance of the powers of the three in any conflicting directive(s).

3. The Council may appoint other officers, as the General Assembly shall determine.

ARTICLE 10: NATIONAL SECRETARIAT

1. The National Secretariat shall consist of the appropriate staff, as Council may deem necessary to employ or appoint.

2. The Council shall determine the remuneration and other conditions of service for the staff of the Secretariat

3. The General Secretary shall be the head and directly oversee and supervise the administration of the Secretariat

4. The Secretariat shall

a) Keep all the records of the Association

b) Ensure the proper keeping of accounts, preparation and production of reports of the Association and

c) Generally carry out the directions of Council

ARTICLE 11: THE DIVISIONS

1. There shall be Divisions of the Association as the Council may recommend for the approval of the General Assembly. The Divisions of the Association as constituted at the time of adoption of this constitution shall be recognized as such.

2. In determining the boundaries or area of a Division the Association shall have regard to the expressed wishes of the local members, ease of access and communication, and the desirability to make such boundaries and areas coincide as far as practicable with existing Regional or Local Government areas.

3. Every member who resides within the geographical area of a division shall belong to that division unless he/she decides otherwise, subject to approval by the division he/she wish to belong.

4. Any member of the Association who is resident abroad and expects to remain abroad shall remain a registered member of the Division he/she last belonged or Division of his/her choice by a signed notification, until his/her return to the country.

5. No member of the Association shall belong to more than one division at a time.

6. Subject to this constitution and the bye-laws of the Association, the Divisions shall have the authority to make such rules and regulations as are considered necessary but not inconsistent with this constitution and the bye-laws of the Association.

ARTICLE 12: THE DIVISIONAL EXECUTIVE COMMITTEE

1. Every Division shall have a governing body to be known as the Divisional Executive Committee (herein referred to as DEC).

2. The Divisional Executive Committee shall consist of a maximum of 11 members namely:

a. Divisional Chairman

b. Divisional Vice-Chairman

c. Immediate Past Chairman

d. Divisional Secretary

e. Assistant Divisional Secretary

f. Divisional Treasurer

h. Two Non-office holders one of whom shall be a woman.

3. The DEC shall be responsible for the Administration and Management of the Division under the direction of Shura Council.

ARTICLE 13: FUNCTIONS OF MEMBERS OF THE DEC

1. The Divisional Chairman shall:

a) Be the lead Officer of the Division

b) chair/preside over all general meetings of the Division

c) Be responsible in conjunction with the DEC for the effective and smooth functioning of the Division

2. The Divisional Vice-Chairman shall:

a) Assist the Divisional Chairman in the discharge of his/her responsibilities

b) Act or deputize for the divisional chairman in his/her absence

c) Carry out duties specifically assigned by the Divisional Chairman or the Division

3. The Immediate Past Chairman:

a) Shall avail his/her experience in office to effectively counsel and advise the DEC where appropriate

b) Perform such other functions as the DEC or the Division shall determine

4. The Divisional Secretary shall:

a) Ensure that minutes and reports of all divisional meetings and events are accurately recorded and kept

b) Present an annual divisional report covering activities of the Division for the preceding year to the Annual Meeting of the Divisional Assembly

c) In consultation with the Divisional Chairman and DEC, where appropriate, deal with all correspondence for the Division

5. The Assistant Divisional Secretary shall:

a) Assist the Divisional Secretary in discharge of his/her duties

b) Deputize for the Divisional Secretary in his/her absence

c) Perform such specific duties as shall be assigned by the Divisional Secretary or the Division

6. The Divisional Treasurer shall:

a) Keep proper books and up to date accounts of the Division

b) Ensure that the accounts of the Division are maintained in reputable and recognized bank(s) as determined by the Division

c) Prepare the annual budget of the Division for approval by the Division

d) Ensure that the accounts of the Division for the previous financial year are audited and presented to the Annual Meeting of the Division and subsequently submitted to the Council.

7. The other DEC Members shall:

a) Be responsible for any duties specifically assigned to them by the Divisional Chairman or the DEC

b) Where applicable, be the liaison between the DEC and the group they represent and effectively communicate issues on either side.

8. Notwithstanding the provisions of this Article, the Divisional Assembly may assign specific duties to any member of the DEC.

ARTICLE 14: COMMITTEES

1. The Council shall appoint Standing Committees that are deemed necessary to enhance its work. In particular the following Committees shall be formed in addition to the National and Divisional Executive Committees

a) Finance and Social welfare

b) Information technology (I.T)

c) Ethics and Disciplinary

d) Outreach and programs Development

e) Publications, research and student affairs

g) Constitutional Affair / Review

2. Council shall also have power to appoint Ad-hoc Committees to address specific issues.

3. The DEC shall in consultation with the Divisional Assembly establish subcommittees and Ad-hoc Committees that may be required to promote their work. In particular sub-committees shall be established to be in line with committees as are present at the national level and stated above

4. Membership of all such committees shall be at the discretion of the appointing authority or body of the Association. Such appointees may be members or non-members of the respective division but may be members of the association.

5. Membership and functions of the Committees herein may be reviewed or dissolved by the appointing authority.

ARTICLE 15: TENURE OF OFFICE

  1. The National Officers and two non-office holders of Council shall have a three-year term of office equivalent to three Gregorian calendar years from their time of assuming position.
  2. All officers shall be eligible for reappointment after recommendations and / or nominations by Shura Council or General Assembly.
  3. Members of the DEC shall have a two-year term of office. A term of office shall be between the annual meetings at which general elections of the Division are held. Members of the DEC shall be eligible for appointments by local Shura established by outgoing DEC following nominations forwarded to them in consultation with their respective General Assemblies.
  1. The tenure of office for all committees of the Association shall end with the expiration of the mandate of the appointing authority or be determined by the appointing authority whichever is shorter or earlier.
  2. The Shura or DEC may extend or curtain the mandate of any committee of the Council or Division respectively.

ARTICLE 16: MEETINGS OF THE ASSOCIATION

1. Meetings of the General Assembly

a) Annual General Meeting

i. The General Assembly shall meet once a year at an Annual General Meeting

ii. Council shall determine the date and venue for such meeting, which shall be at least ten months and not more than fourteen months from the date of the last Annual General Meeting

iii. Council shall determine the agenda for the Annual General Meeting in line with the provisions of this constitution

iv. At least two months notice shall be given by Council for the meeting.

v. The Annual General Meeting may be scheduled as part of any Annual General Conference of the Association

vi. Any division or recognized group desiring to submit a resolution (not inconsistent with this constitution) for consideration at the Annual General Meeting, may do so by sending it in writing to the General Secretary at least twenty-one (21) days before the date for the meeting and the General Secretary, shall circulate same to all divisions within five (5) days on receipt of such resolution.

b) Special General Meetings

  1. Council shall have power to convene a special general meeting of the Association in a manner consistent with this constitution. BUT, in the case of extreme urgency, Council may call a meeting with a shorter notice.
  2. Upon a petition signed and sent through a divisional executive committee and signed by not less than 2 divisional chairmen or their representatives and another one national officer other than the president and who is not a divisional chairman, the President shall in consultation with Council and within twenty-one (21) days of the filing of such petition, convene a Special General Meeting of the Association by giving at least seven (7) days notice either in writing through the mass media or by any other means considered expedient in the
  3. Every petition shall indicate the nature of the business for which the meeting is required and the meeting shall address such agendum or agenda only.

2. Meetings of the Shura Council

  1. Council shall hold regular meetings every other month
  2. Council shall hold at least half the number of its regular meetings in a year at locations in different divisions outside the Division where the headquarters is situated, unless otherwise agreed upon by participating members with due consideration to convenience not always affecting at least any particular officer.
  3. On the advice of the President or by a resolution signed by at least one-third of its members, an emergency meeting of Council shall be called by the General Secretary within a week and with at least 48 hours’ notice.
  4. For the purposes of attending meetings of the Council, the members of Council representing Divisions as stated in the constitution may be represented by their immediate deputies/vice only, and this shall be allowed by the President or Council in difficult circumstances where the accredited member of Council is unable to attend.

3. Divisional Meetings

  1. The Divisional Executive Committee may meet once every month but not less than six times in a year.
  2. The Divisions shall hold 2 monthly meetings but not less than 4 such meetings annually, and this shall include at least 3 Educational (Academic, Religious or Ethics) Sessions.
  3. The Divisions shall have the prerogative to combine their General Meetings and Educational Sessions
  4. the division may convene emergency meetings following petitions submitted to or as determined by DEC in consultation with divisional members in good standing with the Association
  5. Every petition or emergency meeting shall specify the agendum or agenda for which the meeting is being called and the meeting shall deal with such business only.
  6. All Divisional meetings shall be held such as will not coincide with National meetings or conferences. Obtaining dates of such events to plan divisional activities thus becomes more or less mandatory.
  1. The Agenda for the Annual Meetings of the Divisions shall include stock-taking of the year’s activities, plans for the incoming year, appointment of DEC where appropriate and consider any other business that the DEC may recommend.
  1. the division may convene emergency meetings following petitions submitted to or as determined by DEC in consultation with divisional members in good standing with the Association
  2. Every petition or emergency meeting shall specify the agendum or agenda for which the meeting is being called and the meeting shall deal with such business only.
  3. All Divisional meetings shall be held such as will not coincide with National meetings or conferences. Obtaining dates of such events to plan divisional activities thus becomes more or less mandatory.
  1. The Agenda for the Annual Meetings of the Divisions shall include stock-taking of the year’s activities, plans for the incoming year, appointment of DEC where appropriate and consider any other business that the DEC may recommend.

ARTICLE 17: QUORUM

1. A quorum may be required for decision making at meetings of the Association.

2. A quorum shall not be required for the commencement of a meeting and the meeting may commence as scheduled or later at the discretion of the Chairman.

3. Where decisions are to be taken and at end of the meeting there is no quorum, the Chairman may call for another meeting at a later date for the decisions to be ratified.

4. At any Annual General Meeting or Special General meetings, resolutions may not be based by majority decisions and the president may forward issues to the Shura Council for final decision making. Hence no quorum is required.

5. The quorum of the Shura Council shall be one-third of the membership.

6. The quorum for meetings of the Divisional Executive Committee shall be one-third of the membership in the particular Division. Issues may be resolved by a shura established by the division.

7. At all meetings of Committees and Sub Committees of the Association, the quorum shall be one-third of the membership. However, EXCEPT for a one-man committee.

8. Resolutions at all meetings may not be based on popular majority but by authority vested in the chairman after due consideration to all issues brought forward at the meeting.

ARTICLE 18: VOTING

1. Voting may be considered to resolve issues at meetings.

2. At all meetings of the Association voting shall be by show of hands unless otherwise stated by the provisions of this constitution.

3. However, ALL issues at meetings shall NOT be decided by a simple majority of valid votes. The chairman has prerogative to Veto based on sound reasoning and explanations made known to members present.

4. Not-withstanding the provision in Article 18 (2) above, members qualified and present at any meeting of the Association may decide a simple majority to request for a secret ballot on specific issues. .

5. In the event of equality of votes, the Chairman for any such meeting shall have a casting vote.

ARTICLE 19: ELECTIONS

1. The selection of National Officers (Immediate Past President excluded) and two (2) non-office holding honorary members of the Council, shall be held by Shura Council or a committee set up by council and nominations announced at the Annual General Meeting. The identity of the committee set by Shura Council for final appointment of officers may or may not be announced at the general Assembly.

2. The two non-office holding members of council shall be nominated or elected by the General Assembly. One of the two (2) non-office holders of the Council to be elected shall be a woman.

3. The Divisional Executive Committee shall hold elections or selections of officers following same principles as exist at the national level

4. At both National and Divisional elections of the Association only members of good standing at the time of filing of nomination(s) shall be eligible to contest as candidates, nominate candidates or support nominations.

5. Candidates wishing to contest elections at the Annual General Meeting shall submit nomination forms duly completed to the Selection Committee at the National Secretariat or other means specified by national executives at least thirty (30) days before the date for elections or final appointments.

6. The Council shall appoint a selection/Electoral Committee at least three months before the holding of the Annual General Meeting at which election(s) are to be held.

7. The Selection Committee shall circulate to members through the Divisional Chairman or Secretary, nomination forms and selection/electoral rules two months to the elections or appointments at the Annual General Meeting.

8. The Selection Committee shall approve nominations, supervise and conduct the elections in accordance with rules and regulations of the Association.

9. The Shura Council has the power to cancel and or over rule any selection or election procedure which is deemed not consistent with the principles of Islam

10. There shall be no limit on the number of times a member may be re-elected or appointed.

ARTICLE 20: FINANCIAL PROVISIONS

1. The Association shall generate funds for its use through the payment of subscriptions, special contributions and/or levies in both cash and kind; voluntary contributions that members may make from time to time and by undertaking any genuine activity to raise funds.

2. Where applicable, the various items stated in Article 20 (1) herein shall be determined or revised by the Shura Council in consultation with the General Assembly from time to time as the situation demands.

3. The subscription shall be due and payable on admission to membership and thereafter on such other date as the Council or General Assembly may determine.

4. a) The income and property of the Association, shall be applied solely towards the promotion of the goals and objectives of the Association on the recommendation of the Finance Committee and as set forth in this Constitution.

b) No portion of the Association’s funds and property shall be paid or transferred, directly or indirectly, to any person who is a member of the Association or of its Council provided that:

a. This does not prevent the payment in good faith, of reasonable and proper remuneration to any officer of the Association, or to any member of the Association in return for any services actually rendered to the Association.

ii. No member of the Council or the DEC shall be appointed to any salaried office within the Association.

iii. No remuneration or other benefits in money or money’s worth shall be given by the Association to any member of the Council or the DEC in the performance of their duties as members of the respective bodies except repayment of out of pocket expenses.

iv. Subject to the need to submit their audited accounts annually to the Council, the Divisions shall determine the manner in which to use the funds provided by the Association except that where any funds are specifically earmarked they shall not be used for any other purpose unless the prior approval of the Council has been obtained.

c) All properties fixed or movable, acquired by and/or on behalf of any division, shall be deemed held by the division in trust for the Association, and such properties shall not be disposed of without the explicit approval of the Council or the General Assembly.

5. The Council shall establish and maintain, under its management and control, accounts into which shall be paid all monies and receivables out of which shall be paid all expenses and liabilities incurred by the Association.

6. The National Executive Committee may invest the funds of the Association with the approval of the Council.

7. The Council may not borrow money on behalf of the Association, except for interest free loans for very relevant and specified purposes as determined by Shura Council. Such loans shall be paid back out of the funds of the Association.

8. Auditors appointed by the Association shall at the end of the tenure of office of executives or at the end of every year, whichever comes first, audit the Annual Accounts of the Association and such auditors shall be eligible for re-appointment.

9. The audited accounts of the preceding year shall be submitted by the treasurer for approval by the Association at the Annual General Meeting after consideration by the Council.

10. The DEC shall submit the audited annual accounts of the Division, for the year just ended, to the General Meeting of the division at the beginning of each year BUT not later than the end of February of the succeeding year

11. All Divisions shall submit their annual accounts for the preceding year to the Treasurer not later than the end of March of the succeeding year.

12. The Divisions shall seek the prior permission or advice of the Council in writing in order to commit the Association to any special expenditure ESPECIALLY in cases of extra budgetary expenditure.

ARTICLE 21: VACANCIES ON THE COUNCIL AND THE DEC

1. Any National or Divisional Officer who vacates  his/her post or is unable to discharge his/her responsibility as provided in this constitution  shall render such position being declared vacant by the  Council or the DEC as applicable.

2. Any member of the Council or the DEC who wish to resign his/her position shall do so in writing by giving at least four (4) weeks’ notice.

3. In the event of a vacancy of any position on the Council where this constitution is silent on the appropriate officer to act, the Council shall have the power to appoint any member in good standing to fill the position in an acting capacity until the subsequent General Meeting at which nominations are opened for elections/selections and officers appointed by Council.

4 Any member appointed by Council in the manner stated in Article 21 (3) and has less than a year to a general election/appointments, shall retire at the end of the term of the Council but be eligible for election in accordance with the provisions of this constitution.

5. Any vacancy at the Divisional level shall be filled by appointment or recommendation by DEC for final approval by Council.

ARTICLE 22: DISCIPLINARY PROVISIONS

  1. It shall be the duty of the Council to refer all disciplinary cases to the Ethics and Disciplinary Committee for investigation and appropriate recommendation(s) and the Committee’s work shall take cognizance of the Bye-laws, Code of ethics and the Constitution of the Association.
  2. The Council shall have power to determine the appropriate sanctions or disciplinary measures against any member after due process as indicated in (1) above
  3. The Council shall in line with this constitution determine appropriate sanctions against any member of the Council, Divisional Executive Committee or Division(s) who/which default in their responsibility as outlined in this constitution.
  4. In case of the Editor-In-Chief, Public Relations Officer, Secretariat Staff, and other officers appointed in such manner, the Council shall determine the appropriate sanctions or disciplinary measures in the event of breach of their functions and/or actions that bring the Association into disrepute.

ARTICLE 23: REMOVAL FROM OFFICE

1. The Council shall have power by a two-thirds majority of its membership to remove from office any member of the Council against whom adverse finding(s) have been made by an independent committee of inquiry as having brought the Association into disrepute and /or has acted illegally against or in the name of the Association. 


2. Any member of the Council representing a division or recognized body of IMAGH shall be withdrawn from the Council by the division or recognized body in a manner consistent with such removal in this constitution.

3. A member of the Council may be removed from office by a two-thirds majority at an Annual or Special General Meeting notice of which shall include the intended removal from office and at least four weeks’ notice given with the stated charge(s).

4. Any member of Council removed from office in the manner described in clauses (1), (2) and (3) above shall cease to be a member of the governing body of the division or group to which he/she belongs. 


5. Any member of the Divisional Executive Committee may be removed from office by a two-thirds majority of a General Meeting of the Division convened for that purpose. A clear notice of at least four weeks (4) with the stated charges shall be given.

ARTICLE 24: EXCLUSION / DISMISSAL OF MEMBERS

1. The Council may recommend to any meeting of the General Assembly the exclusion/dismissal of any member from the Association if the Council is satisfied after due process that: 


a) The conduct of such member is detrimental to the honour and integrity of the profession or the Association or calculated to bring the profession or the Association into disrepute

b) The member has willfully and repeatedly refused to comply with the provisions of the Constitution and the bye-laws of the Association and that of his/her division.

2. Any member of the Association shall cease to be a member:

a) Upon erasure of his/her name from the register under any section of the appropriate regulatory/statutory body’s Act/Decree or the relevant regulation in force at the time.

b) Upon forfeiture for any cause of the qualification or the relevant regulation by virtue of which the member shall have been eligible for membership.

ARTICLE 25: SERVICE OF DOCUMENTS

Any document may be served by the Association on any member either personally or at the address supplied by him/her to the Association for the purpose of service of notices. Any document may be served on the Association by post or by personal delivery to the President or the General Secretary of the Association unless otherwise indicated.

ARTICLE 26: PROCEDURAL CLAUSES FOR MEETINGS

  1. At all meetings of the Association and the Divisions, the following procedural interventions shall apply in a decreasing order of powers, 


a) Point of Order

b) Point of Information

c) Point of Clarification etc.

  1. By definition:

a) Point of Order means the intervention is to draw the meeting’s attention that the discussion or a speaker has veered off the issue(s) at stake.

b) Point of Information is intervention to provide some important information to assist the issue(s) under discussion.

c) Point of Clarification is intervention to seek some explanation from the Chair or a Speaker at a meeting.

  1. The chairman of any meeting shall have the right to disallow or discontinue the intervention if the intervener does not keep to the point of intervention as prescribed in Article 26 (2) above.

ARTICLE 27: THE SEAL

  1. The Council shall be empowered to adopt a common seal for use by the Association and shall provide for its safe custody.
  2. The Seal of the Association in use on the date of the adoption of this Constitution shall be the official seal of the Association unless otherwise changed by the Council.
  3. The seal shall only be used by the authority of the Council or of a committee of the Council authorized by Council on their behalf and every instrument to which the seal shall be affixed shall be signed by the President of the Association.

ARTICLE 28: BYE-LAWS

1. The Association shall make such rules and regulations to be known as bye-laws as shall be necessary for the effective implementation of the goals and objectives and other constitutional provisions of the Association. 


2. Divisions of the Association may enact such bye-laws as shall become necessary for addressing issues or matters peculiar to the division provided that such bye- laws shall not be in conflict with the bye-laws of the Association. Divisional bye- laws so adopted shall be lodged with the National Secretariat.

3. 
In all cases, the bye-laws of the Association shall not be inconsistent with the provisions of this constitution. 


ARTICLE 29: INTERPRETATION

  1. For the purpose of interpreting or resolving disputes arising out of this Constitution, the Association’s internal mechanism or body for dealing with such matters shall be the Constitutional Affairs Committee.
  2. A Muslim health professional is a muslim who
  1. Provides preventive, curative, promotional or rehabilitative health care service in a systematic way using the principles and procedures of evidence-based medicine and caring to people, families or communities.
  2. They should have undergone training by a recognized institution and certified by their respective regulatory bodies.
  3. They definition of a muslim health professional captures

-Medical and dental doctors

-Physician and medical assistance

-Pharmacists

-Nurses and midwives

-Laboratory scientists and biomedical scientists

-Radiographers

-Physiotherapists

-Dieticians and nutritionists

-Embryologist

-Clinical psychologist/ psychotherapists

-Audiologist

-Phlebotomists

-Community health workers

-Paramedics

-Speech language therapists

-Surgeons’ assistants

  1. A Stake holder shall be any person or group of persons involve in the Association and can be affected by the Association’s actions, objectives and policies
  1. a) Regulatory/Statutory body shall be the public authority or government agency responsible for exercising autonomous authority over the health professionals’ activities and in regulatory or supervisory capacity.

b) Regulatory/Statutory bodies in Ghana includes

-Ghana medical and dental council

-Nurses and midwives council of Ghana

-Ghana pharmacy council. Etc.

  1. a) The Shura shall be the adopted political consultation by the organization in accordance with Islamic jurisprudence

b) The Ameer is asked to consult members of the Shura committee, but ultimately, to decide on his own

c) Consultation is mandated but not binding on the Ameer

d) The Shura Council shall appoint national executives following recommendations by stakeholders

ARTICLE 30: AMENDMENT(S) TO THE CONSTITUTION

1. Any provision of this constitution may be amended at an Annual General Meeting or at a Special General Meeting convened for that purpose.

2. The details of any amendment shall be in writing and circulated to all Divisions of the Association for the information of members thirty (30) days before the meeting at which the amendment is to be tabled.

3. An amendment of a provision of this constitution shall be approved by not less than two-third (2/3) of the members present and qualified to vote and shall come into force on such date as the meeting shall determine but not on the day or date of approval of the said amendment and without retrospective effect. 


ARTICLE 31: TRANSITIONAL PROVISIONS

Notwithstanding the provisions in this constitution the following transitional provisions shall apply till such provisions become redundant.

1. The Council’s membership and activities shall continue as previously till the appointment of new National officers and the two non-office holding members at the Annual General Meeting.

2. 
All National Officers and other Council Members shall remain at post till the appointment of new National Officers at the next Annual General Meeting. The same condition shall apply to members of the Divisional Executive Committee till the next divisional election in all divisions within two months after the Annual General Meeting. 


3. The Representative Board shall hold its last meeting at the Annual General Meeting after which it shall cease to exist.

4. The Electoral Committee shall be appointed immediately after the adoption of this Constitution and the Committee shall start work immediately.

5. The Electoral Committee shall carry out its mandate in a reasonable time frame, but shall not compromise on the filing of nominations thirty (30) days before the date for elections.

6. The current President is eligible for nomination

7. That the provisions of Article 31 (Transitional Provisions) shall be deleted from this constitution when the provisions have become redundant.

8. That after the expiration of Article 31 of this constitution Article 32 shall become Article 31.


 ARTICLE 32: ADOPTION AND COMMENCEMENT

1. Be it known that by authority of the General Assembly of IMAGH, this constitution is adopted this 18th day of June 2016 and shall come into force on the same day.