STATUTE OF THE MALTA COLLEGE OF FAMILY DOCTORS

(as amended by Biannual General Meeting of 8/5/96)

The Malta College of Family Doctors shall be an autonomous academic institution whose object will be to encourage, foster and maintain the highest possible standards in family medicine in Malta and to sustain and improve the professional qualifications of members of the medical profession in Malta who are engaged in family medicine and for that purpose to take or join with others in taking any steps consistent with the nature of that object or which may assist towards the same.

1. RESPONSIBILITIES

1.1 To promote high standards in family medicine in Malta.
1.2 To encourage the provision of a high standard of teaching and training for undergraduate medical students who may become engaged in family medicine in Malta.
1.3 To support organizations or bodies, either within or without the structure of the College, designed to further the object for which the College is established.
1.4 To conduct, direct, encourage, support or provide for research in matter relating to family medicine and encourage publication.
1.5 Undertake or assist others in undertaking courses or other educational activities designed to enhance the knowledge and skill of medical practitioners.
1.6 Grant diplomas or other certificates of proficiency or standard in family medicine and carry out such assessments as may be necessary to further this aim.
1.7 Diffuse information on all matters relating to family medicine through publications and other media and hold such meetings, conferences, seminars, and instructional courses as may assist the object of the College.
1.8 To direct public opinion in Malta in relation to Family Medicine.
1.9 To pursue such other activities as are deemed to be consonant with the aims of the College.
1.10 To establish a register of members of the college and to publish and revise the same from time to time.

 
2. MEMBERSHIP

2.1 Applications for membership of the College shall be in such form and shall contain such information as the Council may from time to time require.
2.2 An Ordinary Member shall:-
a) be a medical practitioner fully licensed to practice medicine in Malta engaged in or concerned with the practice of family medicine;
b) practice according to the codes of practice of the college;
c) fulfill such criteria related to postgraduate study as the Council shall from time to time determine; and/or spend a number of hours on continuing medical education such number of hours to be determined from time to time by the Council.
2.2.1 An ordinary member shall be designated "Member of the Malta College of Family Doctors" or abbreviated MMCFD at a time to be determined by the College.
2.2.2 The title to each certificate of membership shall remain at all times with the college.
2.3 Associate Membership shall be open to any qualified medical practitioner who wishes to be associated with the college.
2.4 Applications from overseas and from doctors retired from medical practice shall be considered on an individual basis by council.
2.5 An ordinary member shall be entitled to receive all general notices sent out by the college to its members, to attend, speak and vote at college meetings and generally to participate in the activities of the college.
2.6 An associate member shall be entitled to receive all general notices sent out by the college to its members and speak at general meetings of the college and generally to participate in the activities of the college but he/she shall not rank as a member of the college and shall not be entitled to vote at general meetings of the college.
2.7 The council shall have an absolute discretion whether to accept or reject any application for admission as a member or associate and shall not be bound to assign any reason for its decision but shall not discriminate in any way between applicants by reason of sex, race, colour or creed.
2.8 Any member or associate of the college who ceases to be a registered medical practitioner shall ipso facto cease to be a member or associate of the college and where at any time any person's registration as a medical practitioner is suspended, his/her membership or associateship (as the case may be) of the college shall likewise ipso facto be suspended.

3. ELIGIBILITY FOR MEMBERSHIP

3.1 The practice eligible route shall:-
a) be available for a limited period of time, to be determined by the college, until all membership would be possible only through the residency eligible route;
b) be open to medical practitioners who have been qualified for not less than 3 years and have been in ACTIVE family medicine for a minimum period of 2 years.
3.2 The residency route would be available to medical practitioners who:-
a) have completed prior to admission to membership special vocational training for general practice, the length and content of which shall comply with the requirements from time to time determined and published by the college;
b) have before admission to membership passed such examination as the college may from time to time determine to assess applicant's adequacy for the responsibilities of family practice.
3.2.1 In exceptional individual circumstances the Council may at its discretion waive 3.2a above if it is satisfied that the applicant has followed a comparable programme overseas.

4. FEES AND SUBSCRIPTIONS

4.1 Every applicant for membership or associateship of the College shall pay to the college such application fee (if any) as may be provided for by the College.
4.1.1 No application shall be considered until such fee (if any) has been paid and such fee shall not in whole or in part be liable to be reimbursed if the application is not accepted.
4.2 Every member shall pay an annual subscription of such amount as may be decided by the college.
4.3 Every associate shall pay an annual subscription of such amount as may be decided by the college.
4.4 Subscription shall be payable annually in advance on the first day of January.

5. HONORARY FELLOWS AND FELLOWS

5.1 The college in General Meeting may upon the recommendation of the Council (such recommendation, otherwise than in a case deemed exceptional, to be made only in recognition of special services to or in connection with the formation of the College or of outstanding work towards the object of the College) from time to time appoint any person (whether or not a member of the College) to be an honorary fellow.
5.1.1 An Honorary Fellow shall be entitled to receive all general notices sent out by the College to its members but shall not as such rank as a member of the College or (except as otherwise approved by Council) be entitled to attend General Meetings or participate in the activities of the College.
5.1.2 There shall not at any time be more than ten Honorary Fellows holding appointment hereunder.
5.2 The College in General Meeting may upon the recommendations of Council (such recommendation, otherwise than in a case deemed exceptional, to be made only in recognition of special services to or in connection with the formation of the college or of outstanding work towards the object of the College) appoint any member of the College of not less than 5 years standing to be a Fellow of the College.
5.2.1 Any appointment pursuant to Ordinance 5.2 shall be subject to the payment by the appointee of such enrolment fee (if any) as may be provided for by Council.

6. THE COUNCIL

6.1 The Council shall consist of 11 elected members such election to be held every 3 years (commencing with the year 1996).
6.2 The members of the first Council shall be the persons holding office on the date of approval of these Ordinances (1989 version) as members of the steering Council.
6.3 The following provisions shall apply as regards the election of members.
6.3.1 No person shall be eligible for appointment as member of the Council unless he is an ordinary member of the College.
6.3.2 a) The secretary within sixty days of the annual general meeting of an election year informs members that nomination for President and for council posts will be received.
b) Candidates for elections at the annual general meeting of an election year shall be nominated in writing, such nominations to be received by the electoral commission within two weeks of the date of call for nominations by the secretary.
c) Nomination forms shall be sent to the electoral commission and shall be signed by two ordinary members and shall include a statement signed by the candidate of his willingness to serve on council if elected and a statement giving brief particulars about himself.
d) Nominations for the post of president shall be received separately in accordance with a, b, c, above and a ballot for this post shall if necessary be held concurrently with that for posts of other council members.
e) The electoral commission shall consist of three members appointed by council, such members not occupying a council post.
6.3.3 If in respect of elections the number of nominations exceeds the number of vacancies, a postal ballot shall be held within four weeks of the closing date for nominations.
6.3.4 Every ordinary member shall be entitled to vote and for this purpose voting papers shall be sent by the college with the notice convening the general meeting to every member entitled to receive such notice.
6.3.5 Voting papers may be in such a form as the council may think fit but shall show the number of vacancies to be filled, the names of the candidates and the members nominating them, and any other particulars (including instructions for the proper completion of the voting papers) deemed relevant by the council.
6.3.6 Voting papers duly completed in accordance with any instructions thereon must be posted to the electoral commission not less than two weeks before the annual general meeting of an election year and in default shall not be treated as valid.
6.3.7 The result of the ballot shall be declared to the annual general meeting of an election year by the chairman of the meeting on behalf of the council.
6.3.8 In the event of an equality of votes cast on the ballot for two or more candidates, a further secret ballot (in which only such candidates shall compete) shall be taken at the general meeting in which every ordinary member attending the meeting shall be entitled to vote.
6.4 The office of member of council shall be vacated in any of the following events:
6.4.1 If he resign in writing.
6.4.2 If he be found guilty to any degree of professional misconduct by the Medical Council of Malta.
6.4.3 If he be absent from meetings of the council for six months without justification.
6.4.4 If he ceases to be a member of the college.
6.4.5 If he be removed pursuant to ordinance 6.5.
6.5 The college in general meeting may remove from office any member of the council before the expiration of his period of office by a simple majority vote.
6.6 When a vacancy on the council arises for any cause, the candidate obtaining the highest number of votes among the non-elected candidates in the previous ballot shall be elected member of the council.
6.6.1 If for any reason the vacancy is not so filled, a fresh ballot shall be called within two weeks.
6.6.2 No fresh ballot shall be called if the vacancy arises within six months of the annual general meeting of an election year.
6.6.3 The council shall be empowered to nominate a member to fill a vacancy if such is not filled in terms of the provisions above.
6.6.4 Any member of the council appointed in terms of the above provisions shall hold until the next due council elections.

7. PROCEEDINGS OF THE COUNCIL

7.1 Within seven days of the annual general meeting of an election year the President shall convene council to elect its officers.
7.1.1 The council shall be composed of the President (Chairman), Vice-President, Honorary Secretary, Honorary Treasurer, Secretary for International Affairs, Secretary for Research Activities, Registrar of the College and two ordinary members.
7.2 The Council may meet together for dispatch of business, adjourn and otherwise regulate its meetings as it thinks fit.
7.2.1 Questions arising at any meeting shall be determined by a majority of votes. In case of an equality of votes the chairman of the meeting shall have a casting vote.
7.3 The president, the honorary secretary of the council or at least three members of council may at any time summon a council meeting.
7.4 The quorum necessary for the transaction of the business of the council shall be at least six members.
7.4.1 A meeting of the council at which a quorum is present shall be competent to exercise all powers and discretions for the time being exercisable by the council.
7.5 The president shall preside any meeting of the council, failing whom the vice-president shall preside, but if at any meeting neither of them is present, the members of the council present may choose one of their number to be chairman of the meeting.
7.6 A resolution in writing signed by all the members of the council for the time being shall be as effective as a resolution passed at a meeting of the council duly convened and held.
7.7 The council shall cause minutes to be made in books to be provided for the purpose:
a) of all appointments of officers made by the council;
b) of the names of members of council present at each meeting of the council and of any committee of the council;
c) of all resolutions and proceedings at all meetings of college and of the council.
7.8 The council may delegate any of its members (including co-opted members) to conduct any business on its behalf.
7.9 The council may delegate any of its duties to working committees consisting of such member or members of its body as it thinks fit.
7.9.1 Any committee so formed shall in the exercise of its duties conform to any regulations that may be imposed by the council.
7.9.2 Any regulations in 7.9.1 may provide for or authorize the appointment to the committee of persons other than members of the council and of such appointed members to have voting rights as members of the committee.
7.9.3 No resolution of a meeting of any working committee shall be valid or of any effect unless the resolution is confirmed by the council.
7.9.4 The president and honorary secretary shall be ex-officio members of any such working committees.
7.10 The council shall be empowered to appoint any person as a co-opted council member for any purpose deemed necessary and for a period of time as determined by council.
7.10.1 Such co-opted member shall be invited to attend council meetings at the discretion of the council and shall have no right to vote.
 

8. POWERS OF THE COUNCIL

8.1 The affairs of the College shall be managed by the Council, which may exercise all such powers of the College and so on behalf of the College all such acts as may be exercised and done by the college which are not by law or by these ordinances required to be exercised or done by the college in General Meeting.
8.2 The Council shall have power from time to time to adopt and make, alter and revoke Bye-laws for the regulation of the College and for the furtherance of the object for which the college is established, provided that these Bye-laws are not repugnant to these Ordinances.
8.2.1 Any resolutions of the Council for the adoption, making, alteration or revocation of such By-laws shall be subject to confirmation by the college at the Annual General Meeting next following the date of such resolution and, if not so confirmed, shall cease to have effect at the conclusion of that meeting.
8.2.2 No member shall be absolved from observing Bye-laws by reason of his not having received a copy of the same or of any alterations made therein or additions made thereto or having otherwise no notice of them.
8.2.3 It is expressly declared that, without prejudice to the powers of the council to make Bye-laws on other matters, the following shall be deemed to be matters which will be governed by Bye-laws hereunder, namely:-
a) as to any fees payable in respect of any applications for admissions to or on admission to membership or associateship of the College or any class of such membership or associateship.
b) as to deem subscriptions and other payments (if any) to be payable by members or associates of the college in respect of membership or associateship of the College or any class of such membership or associateship.
8.2.4 Any member or associate whose membership or associateship is proposed to be terminated shall be entitled to be informed of the charge made against him, such a member or associate shall have the right to hear all witnesses, to cross-examine witnesses called against him and shall have the right to nominate any person to defend him or represent him.
8.2.5 Termination of membership or associateship shall be decided by a simple majority vote in council.
8.3 All cheques, promissory notes, drafts, bills of exchange, and other negotiable or transferable instruments and all receipts for money paid to the college, shall be signed, drawn, accepted, enclosed, or otherwise excluded as the case may be, in such manner as the council shall from time to time by resolution determine.
8.4 Any member of the council or any person by the council for the purpose shall have power to authenticate any documents affecting the constitution of the college and any resolution passed by the college or by the council or any committee of council, and any books, records, documents, and accounts relating to the affairs of the college; and to certify copies thereof or extracts therefrom as true copies or extracts.

9. GENERAL MEETINGS

9.1 The college shall hold a general meeting in every year as its Annual General Meeting at such time and place as may be determined by the council and shall specify the meeting as such in the notices calling it.
9.1.1 Not more than 15 months shall elapse between any 2 Annual General Meetings.
9.2 The council may whenever they think fit proceed to convene a General Meeting.
9.3 The council shall on request of not less than 20% of the ordinary members of the college proceed within one month to convene a general meeting.
9.3.1 The requisition must state the objects of the meeting and must be signed by the requisitionists and deposited with the honorary secretary to council.
9.4 The annual general meeting and any general meeting shall be called by twenty days' notice in writing at the least.
9.4.1 The accidental non-receipt of a notice of a general meeting by any person entitled to receive such notice shall not invalidate the proceedings at the meeting.
9.4.2 Every notice calling a general meeting shall specify the place and the day and hour of the meeting as well as the agenda for discussion.
9.4.3 Any member wishing to propose a motion for discussion at the annual general meeting or any other general meeting shall notify the secretary in writing of such motion by not less than ten days from the date of the meeting.
9.5 When circumstances, as determined by council, dictate, an extraordinary general meeting shall be called by council and in such case 9.4 and 9.4.3 above shall not apply.

10. PROCEEDINGS AT GENERAL MEETINGS

10.1 No business shall be transacted at any General Meeting unless a quorum is present, 20% of members in person shall be a quorum for all purposes.
10.1.1 If within thirty minutes from the time appointed for a general meeting (or such longer time as the chairman of the meeting may think fit to allow), a quorum is not present, the meeting, if convened on the requisition of members, shall be dissolved.
10.1.2 If within thirty minutes from the time appointed for a general meeting (or such longer time as the chairman of the meeting may think fit to allow) a quorum is not present, the meeting, in any case other than that specified in 10.1.1 shall stand adjourned to the same day in the next week, at the same time and place, or to such other day and at such other time and place as the council may determine. If at such adjourned meeting a quorum is not present within thirty minutes from the time appointed for holding the meeting the members present shall be a quorum.
10.2 The president is to preside as chairman at any general meeting. If the president is not present, the vice-president shall preside.
10.2.1 If at any meeting neither be present within ten minutes after the time appointed for holding the meeting, the members of the council present shall choose one of their member to be chairman of the meeting, or, if no member of the council be present, the members present shall choose one of their member to be chairman.
10.3 The chairman may with the consent of any meeting at which a quorum is present (and shall if so directed by the meeting) adjourn the meeting from time to time and from place to place, but no business shall be transacted at any adjourned meeting except business which might lawfully have been transacted at the meeting from which the adjournment took place.
10.3.1 If a meeting is adjourned for thirty days or more not less than seven days notice of the adjourned meeting shall be given in like manner as in the case of the original meeting.
10.3.2 Save as afore said in 10.3.1 it shall not be necessary to give any notice of an adjournment or the business to be transacted at an adjourned meeting.
10.4 At any general meeting a resolution put to the vote of the meeting shall (subject as herein after provided) be decided on a show of hands.
10.4.1 A secret ballot may be demanded on any resolution (other than a resolution for adjournment) by any five members in person. If a poll is so demanded it shall be taken forthwith or at such time and in such manner as the chairman directs.
10.5 A statement by the chairman of the result of any poll shall be minuted.

11. VOTES OF MEMBERS

11.1 At any general meeting or any postal ballot authorised hereunder every active member shall have one vote.
11.1.1 Subject as otherwise provided in these ordinances, in the case of an equality of votes the chairman of the meeting shall be entitled to a casting vote.
11.2 No objection shall be raised to the qualification of any votes except at the meeting or adjourned meeting at which the vote objected to is given or tendered, and every vote not disallowed at such meeting shall be valid for all purposes.
11.2.1 Any such objection made in due time shall be referred to the chairman of the meeting whose decision shall be final and conclusive.

12. ACCOUNTS AND INVESTMENTS

12.1 The council may invest any College moneys not immediately required for its purposes.
12.2 The council shall cause to be kept proper books of account with respect of:-
a) all sums of money received and expended by the college and the matters in respect of which the receipts and expenditures take place;
b) the assets and liabilities of the college;
c) all sales and purchases by the college.
12.3 At the annual general meeting the council shall lay before the college audited accounts for the period since the date to which the last preceding account was made up.
12.4 The council shall appoint the first auditor of the college and he shall hold office until the next annual general meeting. Thereafter an auditor shall be appointed at each annual general meeting and shall hold office until the next annual general meeting subject to earlier death or resignation or removal from office by the college in general meeting.
12.4.1 No person shall be appointed as or be entitled to act as an auditor unless he shall be qualified for such appointment.
12.4.2 The council may fill any casual vacancy in the office of auditor, which may be confirmed at the next annual general meeting.
12.4.3 The auditor may be at the discretion of council be asked to attend any General Meeting and to receive all notices of and other communications relating to such general meeting which any member is entitled to receive, and to be heard at such general meeting on any part of the business of the meeting which concerns him as auditor.
12.5 The books of account of the college shall at all times be open to the inspection of members but shall be open to the inspection of associates of the college only to such extent (if any) and subject to such restrictions and conditions as the council may from time to time determine.

13. NOTICES

13.1 Any notice or document may be served by the college on any member either personally or by sending it through the post in a pre-paid letter addressed to such member at his registered address.
13.2 A member who (having no registered address within the Maltese islands) has not supplied to the college an address within the Maltese islands for the service of notices shall not be entitled as of right to receive notices from the college.


 

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