Presentation on theme: "Dr. V. C. Velayudhan Pillai Chairman. Rule 1: Title These rules shall be called “IMA Mediation, Conciliation & Grievance Redressal Cell (IMA-MCGRC)” Rules."— Presentation transcript:
Rule 1: Title These rules shall be called “IMA Mediation, Conciliation & Grievance Redressal Cell (IMA-MCGRC)” Rules.
Rule 2: Definitions Indian Medical Association (IMA) means Association of professional doctors having passed MBBS and practicing modern system of medicine and registered under the Societies Registration Act 1860. Doctor means any person registered with a Medical Council of India / State councils on the basis of his/her medical qualification as defined in the Indian Medical Degrees Act 1916 (Act VII of 1916) and included in the schedules to the Indian medical Council Act as amended from time to time. Patient means any person who has availed the professional services of a doctor.
Definitions Complaint means any allegation in writing made by a patient / legal heir / near relatives in case of incapacitated patients regarding any deficiency in service and/or negligence by a doctor / hospital / medical institution. Committee means a body constituted by Indian Medical Association (IMA) and comprising of Chairperson, Vice Chairman and 6 more members including four qualified doctors of reputation, one lawyer/advocate and one person of social eminence. The National President and Hony. Secretary General of IMA shall be the Ex-Officio members of the Committee. The Chairman will have the power to co- opt one or more members to the meetings.
Definitions Quorum – Quorum shall consist of minimum three members including either the Chairman or the Vice Chairman, one qualified Doctor member and one member either the advocate or a person of social eminence. Award means full and final settlement in writing arrived between the patient and the doctor and passed by the committee and signed by both the parties in acceptance thereof.
Rule 3: Procedure of Mediation, Conciliation & Grievance Redressal Upon receiving a complaint by IMA from a patient / relative, same shall be handed over to the committee which shall issue notice of the said complaint to the concerned doctor / hospital / medical institution. with the directions to file his/her response to the said complaint and fix a date for mediation under intimation to the patient. The committee shall obtain the consent of both the parties in writing in prescribed form and thereafter the proceedings shall commence.
Procedure of Mediation, Conciliation & Grievance Redressal The committee shall conduct its meetings and hearings once a month and shall follow the principles of natural justice by providing hearing to both the parties. The said meetings and hearings of cases shall take place at IMA House, Indraprastha Marg, New Delhi-110002 (India). The committee shall pass an award on the basis of settlement arrived between the parties out of their mutual will and choice free from any pressure and influence. The parties shall remain bound by the settlement and award passed.
Procedure of Mediation, Conciliation & Grievance Redressal If there is no settlement arrived between the parties, then the matter shall be closed by the committee subject, however, to the condition that all the records of the case shall be kept confidential and consigned to records. The parties shall ordinarily be present personally but in no case the parties shall be permitted to be represented by an advocate.
Rule 4: Role of the Committee The committee shall attempt to facilitate voluntary resolution of the dispute between the parties and shall assist them in identifying issues, reducing misunderstandings, clarifying priorities and exploring all possibilities of amicable compromise The committee shall not impose any terms of the settlement upon the parties.
Rule 5: Parties alone responsible for taking decision The parties shall be made to understand that the committee only facilitates in arriving at a decision to resolve the disputes between them and it shall not impose any settlement or decision on the parties.
Rule 6: Time Limit for Completion of Mediation, Conciliation & Grievance Redressal The maximum time limit for the committee to conclude the process of arriving at settlement through mediation and conciliation shall be three months (90 days) from the commencement of hearing. Any extension of time only if necessary and in the interest of the parties shall be for a further period of maximum 30 days.
Rule 7: Parties to act in good faith The parties to the dispute shall participate in the mediation and conciliation proceedings in good faith and with all the intentions to settle the dispute. Rule 8: Administrative Assistance In order to facilitate the conduct of mediation and conciliation proceedings, the committee can take suitable assistance from IMA.
Rule 9: Immunity No member of the committee shall be held liable for anything done by him/her during the mediation and conciliation proceedings for any legal action including civil and criminal nor shall he be summoned by any party to any legal proceedings in a court of law to testify in regard to information or any document received by him/her during the course of mediation and conciliation.
Rule 10: Filling of Vacancy in the committee Any vacancy in the committee arising because of any reason shall be filled by IMA. However, the mediation and conciliation proceedings held up to the time of such vacancy shall remain in force and further proceedings shall continue from the point when such vacancy arises.
Rule 11: State Level Mediation, Conciliation & Grievance Redressal Cell Similar committees will be formed at the state level with the same rules, regulations and structure.
Rule 12: Amendment to the present rules IMA Central working committee and central council shall alter or amend the present rules at any stage of time in accordance with its constitution and rules and regulations.