Indian Medical Association Mediation and Grievance Redressal Rules
Dr. V. C. Velayudhan Pillai
Chairman
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 a
n 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.
THANK YOU
These rules outline the procedures for mediation, conciliation, and grievance redressal within the Indian Medical Association (IMA). They define key terms, establish a committee for resolving complaints between patients and doctors, and detail the process for handling grievances. The focus is on ensuring fair and transparent resolution of disputes in the healthcare sector.
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Presentation Transcript
Dr. V. C. Velayudhan Pillai Chairman
Rule 1: Title These Mediation, Redressal Cell (IMA-MCGRC) Rules. rules shall be called & IMA Conciliation Grievance
Rule 2: 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. Definitions 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 misunderstandings, clarifying priorities and exploring all possibilities of amicable compromise issues, reducing 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: the committee Filling of Vacancy in 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 structure. rules, regulations and
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.
