Constitution

of EURAMA-European Ayurveda Medical Association

Preamble

Ayurveda, the ‘Science of Life’, is the traditional system of medicine and health care of the Indian subcontinent, characterized by unique methods for achieving physical, mental and spiritual health and well-being. Its traditional goal is “to maintain good health in those who are healthy, and to heal disease in those who are sick” (prevention and cure). Ayurveda has been passed down uninterruptedly from India`s Vedic civilisation to the present time, maintaining the original Vedic texts as its source and stable reference. EURAMA fully respects and upholds this precious tradition.

Around 2000 years ago Ayurveda had a significant influence on other systems of medicine throughout the known world at that time. In recent times, however, Ayurveda has been mainly restricted to India. From the 1980s onward, Ayurveda quickly spread all over the world and is now almost a household word in many countries.

Traditionally, the application of Ayurvedic methods of diagnosis and treatment is in the hands of well-trained physicians (“Vaidyas”, knowers of reality).

It is the purpose of EURAMA to establish Ayurveda within Europe as a holistic system of medicine, applied by doctors and Vaidyas for the restoration and maintenance of health in their patients, including all of its diagnostic and therapeutic methods and the utilisation of its pharmacopoeia. This is especially important in the application of more invasive therapies of Ayurveda, e.g. Panchakarma purification procedures.

For Europe, our perspective of Ayurveda is its application as “complementary and alternative medicine” (CAM) along with modern medicine and scientific research, especially in areas where modern medicine does not fulfil our expectations concerning safety and efficiency (in the prevention and treatment of chronic diseases).

EURAMA is designed to facilitate the creation of a regulatory framework for the safe and legal use of Ayurveda in all the countries of Europe. To achieve this goal, EURAMA will give special emphasis to scientific research and to providing higher education and training for medical professionals, in Ayurvedic theory and clinical practice.

It is our firm belief that through these activities, Ayurveda will gain the position it deserves within the European health care systems. EURAMA invites all doctors, Vaidyas, and scientists – regardless of their education and school of thought within the field of Ayurveda – to participate in this great endeavour.
Accordingly, the founders of this Association resolve on the following

1. Name, registered office, and area of activity of the Association

1.1. The Association carries the name EURAMA – European Ayurveda Medical Association.
1.2. The Association’s registered office is at Leystr. 8/7/62, 1200 Wien (Vienna), Austria
1.3. The Association’s activity extends throughout Europe. However, it can also, where necessary and opportune, start collaborations with Ayurveda doctors, Vaidyas, associations and corporations in non-European countries.

2. Purpose of the Association

The Association pursues, exclusively and directly, charitable goals in the sense of §§ 34 to 37 BAO (Bundes-Abgaben-Ordnung, i.e. Austrian Federal Tax Law), and the Association’s activity is not directed towards profit. Its goal is the promotion of Ayurveda, Ayurveda doctors and Vaidyas, exchange of views between them, and research in the field of Ayurveda. A further goal of the Association is to represent the interests of the Ayurveda doctors to the European Union, national governments, and governments of other regional bodies, and also to Non-Governmental Organisations.

The Association’s goals in particular are:
1. To promote the integration of Ayurveda in the European health system,
2. To unfold the full potential of the doctor and to support his training in Ayurveda,
3. To promote and carry out research projects in the field of Ayurveda, to raise funds for Ayurveda research projects and to dispense research grants,
4. To establish an Ayurvedic library and an electronic data bank with specialized Ayurvedic information,
5. To conduct Ayurveda training in whatever form, and to prepare teaching materials,
6. To initiate whatever steps are necessary to make Ayurvedic preparations and therapies available,
7. To promote international dialogue and exchange programmes, especially with Ayurvedic experts and doctors (Vaidyas) from India,
8. To create a forum of experts to support European Ayurveda doctors on professional issues,
9. To forge interdisciplinary links between Ayurveda, traditional European therapeutic modalities, and modern medicine,
10. To clarify the role of consciousness in the understanding of health,
11. To carry out public relations work, to advise professional organizations, authorities, health insurance companies, and industries in the field of Ayurveda,
12. To cooperate with other organizations and universities worldwide who are involved in the scientifically based research and dissemination of authentic Ayurveda.

3. Activities, and ways of finding the financial means required for the realization of the Association’s goals:

3.1. The goals of the association are to be realised through the following promotional activities:
• Assemblies and scientific symposia
• Scientific research
• Basic and advanced training, continuing education
• Distribution of publications and public relations work
• Lectures
• Lobbying
• Representation of individual members before judicial and administrative authorities in connection with carrying out the goals of the Association
3.2. The financial means to realise the goals of the Association are raised through:
• Joining fees
• Membership fees
• Donations
• Other contributions
• Revenues from activities that are in accord with the purpose and goals of the Association

4. Establishment of the Association, and Financial Year

4.1. The establishment of the Association takes place on 26 October 2008 via a meeting of the founders of the Association and the signing of the Constitution. Immediately following the establishment of the Association, an application for registration should be lodged with the Register of Associations, by whichever of the Association’s Bodies has been specified at the founders’ meeting.
4.2. The financial year of the Association is the same as the calendar year.

5. Types of Membership

Members of the Association are subdivided as follows:
• Ordinary Members, who participate fully in the work of the Association
• Promotional Members, who provide financial or non-material support to the Association
• Honorary Members

6. Requirements for membership

6.1. Ordinary Members of the Association can be:
• any physical persons who in a European country are authorized to practise as a medical doctor or who are training to do so,
• any physical persons who in India or some other country are authorized to practise as Ayurveda doctor (BAMS or Dr. ayur.) or who are training to do so,
• any physical persons who in a European country according to the definitions applicable in that country are engaged in Ayurveda as pharmacists, veterinary practitioners, or scientists of other disciplines, or who are training to practise in one of these professions,
6.2. Promotional Members can be any physical persons, or legal entities or legal persona or legally competent partnerships or associations who represent the interests of Ayurveda or Ayurveda doctors.
6.3. Honorary Members can be all physical persons who have been accorded honorary membership by the General Meeting.
6.4. For admission of Ordinary and Promotional Members, the Executive Board has the final say. Admission can be refused without giving reasons. Ordinary Membership becomes effective only on written confirmation by the Executive Board and payment of the joining fee / membership fees.

7. Termination of membership

Membership ceases through death – or in the case of legal persona and legally competent partnerships, through loss of legal capacity – through voluntary termination of membership, through cancellation of membership, and through expulsion.

7.1. Voluntary termination of membership can take place at any time; the Executive Board must however be informed of it in writing, and it becomes effective from the date of the postmark. It does not release the member from fulfilling any outstanding obligations he or she may still have towards the Association prior to his or her departure.

7.2. The Executive Board must cancel a membership if after twice being warned the member is more than one year in arrears with payment of the membership fee. Cancellation of membership does not release the member from fulfilling any outstanding obligations he or she may still have towards the Association prior to cancellation.

7.3 The Executive Board can order the expulsion of a member from the Association, as a result of gross violation of the duties of membership or as a result of dishonourable behaviour. An appeal against expulsion can however be made to the General Meeting within two weeks of receiving the decision of the Executive Board. Until the decision of the General Meeting, rights and duties of membership remain suspended.

8. Rights and duties of members

8.1. Members have the right to participate in all functions and events organised by the Association and to use all facilities of the Association. All members have the right to vote in the General Meeting, and are also eligible to stand for election.
8.2. Members have a duty to promote the interests of the Association and to avoid doing anything that might jeopardize the reputation or the purpose of the Association. They must abide by the rules of the Association and by the decisions of the Association’s bodies. They have a duty to pay their joining fee and membership fees on time and in the amount decided by the General Meeting. Honorary members are not required to pay these contributions.
8.3. The membership fees for ordinary members are due for payment by 31st March at the latest, in each calendar year.
8.4. The Executive Board has the right to reduce the membership fee for individual ordinary members when these are already active members of other Ayurveda societies, associations, etc. which are cooperating with EURAMA, or where their economic circumstances require it.

9. The Association’s Bodies

The Bodies of the Association are:
• The General Meeting (points 10 and 11)
• The Executive Board (points 12 to 14)
• The Auditors (point 15)
• The Arbitration Board (point 16)
• Scientific Advisory Board (point 17)
• Commissions or Working Groups (point 18)

10. The General Meeting

10.1 An Ordinary General Meeting takes place once a year, within 5 months of the beginning of the calendar year.
10.2 An Extraordinary General Meeting is to be called
• at the decision of the Executive Board,
• at the decision of the General Meeting,
• at the written request of at least one tenth of the Ordinary Members, or
• on the demand of the Auditors.
The Extraordinary General Meeting must take place within one month after the decision has been taken, or after the request (demand) has been lodged.
10.3 For both Ordinary and Extraordinary General Meetings, the Executive Board must invite all members and include the agenda for the meeting, at least 2 weeks before the meeting, either by letter, fax, or email to the address, fax number or email address given by the member.
10.4 Proposals for inclusion on the agenda must be submitted to the Executive Board in writing, at least 24 hours in advance of the meeting, by letter, fax, or email.
10.5 Valid resolutions – apart from those calling for an Extraordinary General Meeting – can be passed only on topics that appear on the agenda of the meeting.
10.6 All members have the right to attend the General Meeting. The right to vote and the right to be elected both comply with article 8 of the Constitution. Every Ordinary Member has one vote. In case of his/her being unavailable, he/she can authorize in writing any other Ordinary Member to cast his/her vote. A member can exercise the authorization to cast a vote for only one absent member.
The General Meeting can pass resolutions regardless of the number of authorised voting members present, as long as the Meeting has been properly convened according to the Constitution.
10.7 In general, elections and resolutions by the General Meeting require a simple majority of valid votes cast.
A qualified majority of two-thirds of valid votes cast is required for resolutions by which the Constitution of the Association would be amended, the Association dissolved, or some or all members of the Executive Board asked to stand down before the end of their term of office.
10.8 The Chairman/Chairwoman of the General Meeting is the President, or, in case of his/her being unavailable, his/her Deputy. If the Deputy President is also unavailable, then the Meeting is chaired by the eldest (i.e. in age) member of the Executive Board present.

11. Scope and responsibility of the General Meeting

The following responsibilities are assigned to the General Meeting:
a) Receiving and approving the auditors’ report and end-of-year accounts
b) Resolution concerning the budget
c) Election and removal of the members of the Executive Board and the auditors
d) Approving legal transactions between the auditors and the Association
e) Formal approval of the activities of the Executive Board
f) Setting an appropriate level for the joining fee and membership fees
g) Conferring and withdrawing honorary membership
h) Deciding on appeals against expulsion of Association members
i) Passing resolutions concerning amendments to the Constitution and the voluntary dissolution of the Association
j) Discussing and deciding on other items on the agenda.

12. The Executive Board

12.1. The Executive Board comprises at least five but no more than fifteen members, namely:
a) the President
b) the Deputy President
c) the Secretary
d) the Deputy Secretary
e) the Treasurer
f) any additional members of the Executive Board
12.2. The Executive Board is elected by the General Meeting for a term of 3 years. Only Ordinary Members of the Association may be elected as members of the Executive Board. Re-election is permitted. The term of the Executive Board continues at least until the election of the new Executive Board.
12.3. In case of a member of the Executive Board resigning, the Executive Board has the right to co-opt another eligible member of the Association in his/her place, for the remainder of the term of the office of the member who is resigning. Co-option to the Executive Board requires a simple majority of votes cast in the Executive Board, and retrospective approval must subsequently be obtained at the next General Meeting.
12.4. Meetings of the Executive Board are called by letter, fax, or e-mail by the President, or by his/her Deputy if the President is unavailable. If the Deputy is also unavailable for an indefinite period, then any other member of the Executive Board may call meetings of the Executive Board.
12.5. Meetings of the Executive Board take place either by members meeting together physically, or telephonically in the form of conference telephone call or videoconference.
12.6. For resolutions passed in the Executive Board meetings, minutes must be recorded and a protocol immediately set up and communicated to all members of the Executive Board by electronic means, within 48 hours of the end of the meeting. This protocol and also the resolutions are deemed to be approved, unless a written objection is raised and sent by letter, fax or email to the leader of the Executive Board meeting within a further 48 hours.
12.7. The Executive Board is competent to pass resolutions if all its members were invited to the meeting and at least half of all the members of the Executive Board attend the meeting.
12.8. Passing resolutions by circulating the members, i.e. without a meeting, is possible as long as no member of the Executive Board opposes this way of taking decisions.
12.9. The Executive Board takes decisions via simple majority. In the case of equal votes, the Chairman’s/Chairwoman’s vote is decisive.
12.10. The President chairs the meeting of the Executive Board. If he/she is unavailable, his/her Deputy becomes the chairman. If he/she too is unavailable, then the meeting is chaired by the eldest Executive Board member taking part.
12.11. The function of a member of the Executive Board ceases through death, expiry of term of office (12.2.), dismissal (12.12.), or resignation (12.13.).
12.12. The General Meeting can at any time, with a 2/3 majority of votes cast, relieve the entire Executive Board or individual Executive Board members of their functions. The General Meeting can decide that such removal should take force immediately or on the election of the new Executive Board or Executive Board members.
12.13. Members of the Executive Board may announce their resignation at any time, in writing. Letters of resignation of individual Executive Board members are directed to the Executive Board, whereas the resignation of the entire Executive Board is directed to the General Meeting. Resignation takes effect only on the election or co-option (12.3.) of a successor.
12.14. In order to regulate its affairs more closely, the Executive Board can set its own rules of internal procedure.

13. Activities and responsibilities of the Executive Board

As the managing body in the sense of the Austrian Association Act (VerG), the Executive Board has the duty of managing the Association. It is responsible for all tasks that are not specifically assigned by the Constitution to some other of the Association’s bodies.

The following matters in particular fall within its territory of influence:
a) Drawing up the annual budget, and producing the financial report and year-end accounts.
b) Calling and preparing the Ordinary and Extraordinary General Meetings,
c) Management of the Association and its assets,
d) Admission and expulsion of Association members, and cancellation of membership,
e) Engaging and dismissing employees of the Association, and
f) Negotiating and concluding all contracts relevant to the Association, including any insurance contracts that may be important to the Association.

14. Special obligations of individual members of the Executive Board

14.1. The President represents the Association towards the outside world.
14.2. Within the Association, the following applies:
a) The President conducts the ongoing business of the Association. He/she chairs the General Meeting and the meetings of the Executive Board. In case of danger arising from delays, he/she is authorised to make arrangements on his/her own responsibility, even in matters that fall within the territory of influence of the General Meeting or of the Executive Board; such actions, however, require the retrospective approval by the appropriate body of the Association.
b) Written documents of the Association must be signed by the President or his/her Deputy and countersigned by another member of the Executive Board. In financial matters, written documents of the Association must be signed by the President or his/her Deputy and countersigned by the Treasurer.
c) Legal authority to represent the Association or to act on its behalf can be given exclusively by those Executive Board members named in the previous point.
d) The Secretary has the job of supporting the President in the conduct of the Association’s business. He is required to take minutes at the General Meeting and at Executive Board meetings.
e) The Treasurer is responsible for the proper financial conduct of the Association.
f) The Deputies of the President and Secretary may act only if the President or the Secretary are themselves unavailable; this does not, however, diminish the effectiveness of the actions of the Deputies.

15. The Auditors

15.1. The General Meeting elects the two auditors for the duration of the Executive Board’s term of office. Their re-election is allowed. The auditors may not belong to any other body – excepting the General Meeting – whose activity is the object of their official inspection.
15.2. The Auditors are responsible for the ongoing supervision of the Association’s business and verification of the Association’s financial conduct, with regard to correct accounting practice and the proper use of funds according to the Association’s Constitution.
15.3. Legal transactions between the Auditors and the Association require the approval of the General Meeting.
15.4. Apart from that, the Auditor is subject to the rules contained in Points 12.11. (expiry of term of office), 12.12. (dismissal) and 12.13. (resignation).

16. Scientific Advisory Board

16.1. Distinguished figures from the world of research, teaching, and medical practice can be elected to the Scientific Advisory Board. Through their involvement, such individuals are in a particularly favourable position to promote the goals of the Association as laid out in Point 2 of this Constitution.
16.2. Election to the Scientific Advisory Board takes place via the Executive Board or the General Meeting; in either case a simple majority of cast votes is required.
16.3 The Scientific Advisory Board supports and advises the Executive Board and can make recommendations to the General Meeting.

17. Commissions, or Working Groups

For work on specialised themes, the Executive Board or the General Meeting can appoint Commissions and their members. This requires a simple majority of votes cast. Each Commission must include a member of the Executive Board. Each Commission is self-constituted and can set its own rules of internal procedure. Commissions can co-opt experts who are not members of the Association.

18. The Arbitration Board

The Arbitration Board decides in any disputes arising within the Association.
18.1. The Arbitration Board is made up of three Ordinary Members. The way it is formed is that each disputant, within two weeks, puts forward via the Executive Board the name of one Ordinary Member as arbitrator. Within a further two weeks, these named arbitrators then choose by majority vote a third Ordinary Member to be chairman of the Arbitration Board. In case of equal votes, the President decides from those who were proposed.
18.2. The members of the Arbitration Board may not belong to any Body – excepting the General Meeting – whose activity is an object of the dispute.
18.3. Before making its decision, the Arbitration Board must allow both parties a full hearing. Its decision is made in the presence of all its members, by simple majority vote. It decides according to the best of its knowledge and belief. Within the Association, decisions of the Arbitration Board are final.

19. Voluntary dissolution of the Association

19.1. Voluntary dissolution of the Association can be decided only at an Extraordinary General Meeting called for this purpose, and only with the form of majority laid down in Point 10.7. of the Constitution.
19.2. This General Meeting must also decide on the winding up of the Association – if the Association has assets. The Meeting must appoint a liquidator, and must decide to whom the liquidator must transfer the Association’s remaining assets after all obligations have been met.
19.3. The remaining assets must be transferred by the liquidator to one or more organisations pursuing the same or similar goals to those named in Point 2. In this respect, the regulations of §§ 34 to 47 of the Austrian Tax Law (BAO) are to be followed.
19.4. Members of the Association are not allowed to benefit from this process in any way whatsoever.