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CHAPTER II

TRANSITORY PROVISIONS

3. (1) The state Government shall, by notification, constitute for the purpose of this Act, a state council of Homoeopathy consisting of the following members, namely:- a) One member representing each of the Revenue commissioner's division in the state, to be elected from amongst themselves by the persons enrolled on the register as practitioner in Homoeopathy in that division; b) One member to be nominated by the state Government from each of the following- i. Principal of recognized Homoeopathy colleges in the state; ii. Teachers of recognized Homoeopathy college in the state; iii. Member of state Medical Service practicing Homoeopathy. c) Five member to be nominated by the state Government that is, two from amongst persons having special knowledge or practical experience in respect of Homoeopathy and three from other related disciplines; d) One of the Executive Council of a university to be nominated by the state Government; e) Deputy Director of Homoeopathy, Madhya Pradesh. Provided that in the first constitution of the council, the member under clause (a) shall be nominated by the state Government from amongst the persons qualified to be elected as such under the said clause (a): Provided further that if for any reason the first council or can not be brought into being on the date of commencement of this Act the State Government may appoint a person to be the officer-in-charge of the council for a period not exceeded six months, and the officer-in-charge so appointed shall, subject to the control of the state Government, exercise all the power and perform all the power and duties of council under this Act, and he shall receive from the council fund for his services such pay and allowances as may be fixed by the state Government. Provided also that if the council is constituted before the expiry of period aforesaid, the officer-in-charge shall cease to hold the office on the date appointed for the first ordinary meeting of the newly constituted council. (2) The president and vice-president of the council shall be elected by the members of council from amongst themselves in such manner as may be prescribed. Provided that in the first constitution of the council, the president and vice-president shall be nominated by the state government from amongst the members of the first council.	Constitution of state council of homoeopathy
4. (1) An Election under clause (a) of sub section (1) of section 3 shall be conducted by the officer appointed by the State Government for the purpose in accordance with such rules as may be made by the State Government in this behalf. (2). Where any dispute arises regarding any election to the council, it shall be referred to the State Government whose decision there on shall be final.	Mode of election
5. (1) A person shall be Disqualified for being chosen as, and for being a member of the council- a) If he has been convicted by a court for an offence involving moral turpitude; b) If he is of an unsound mind and stand so declared by a competent court. c) If he is an undercharged insolvent; d) If he is a full time employee of the council; e) If his age is less than twenty five years; f) If he is dismissed employee of council, Central Government of any local authority. g) If he has any share or interest in any contract with, by or on behalf of , the council directly or indirectly. (2).No person may serves as a member in more than one capacity if (3).No person falling under any of the categories specified in clause (b) of sub section (1) of the section 3 shall be eligible to be elected under clause (a) of sub section (1) of the said section.	Disqualifiation for membership of council
6.The council shall be a body corporate by the name of the state council of the Homoeopathy , Madhya Pradesh having perpetual succession and a common seal , with power to acquire , hold and dispose of property both movable and immovable and to contract , and shall by the said name sue and be sued.	Incorporation of council
7.(1) The President, vise-president or a member of council shall hold office for a term of five year from the date of his election or nomination, as the case may be, or until his successor shall have been duly elected or nominated , whichever is long. (2) A persons who holds, the office of president or vise president of the council for two consecutive periods shall not be eligible for re-election to that office. (3) Member of council shall be eligible for re-election or re-nomination. (4) An elected or nominated member shall be deemed to have vacated his seat. a) If he is absent without excuse, sufficient in the opinion of the council, from three consecutive ordinary meeting of the council; or b) If he become subject to any of the disqualifications specified in sub section (1) of section 5; or c) In the case of a member elected underclause (a) of sub-section (1) of section 3, if he ceases to be enrolled on the register; d) In the case of a member nominated under clause (b), or clause (d) of sub-section (1) of section 3 , if he ceases to hold the office by virtue of which he has been so nominated; and the council shall there upon declare any seat to be vacant: provided that the council shall not declare any seat to be vacant unless member concerned has been given a responsible opportunity of being heard. (5) A casual vacancy in the council shall be filled by election or nomination , as the case may be, and the person elected or nominated to fill the vacancy shall hold office only for the reminder of the term for which the member whose place he takes was elected or nominated. (6) where the said term of five years is about to expire in repect of any member, a successor may be elected or nominated at any time within three months before the said term expires but he shall not assumed office until the said term has expired.	Term of office of president, vice-president and member of council.
8.(1) The President or the vice president may be removed from his office by a resolution passed by the council by the majority of not less than two third of the member of the council present and voting and such majority is more than one half of the total membership constituting the council for time being: Provided that no resolution for the purpose shall be move unless atleast fourteen days notice of intention to move the resolution has been given. (2) The President or the vice president against whom a motion is passed under sub-section (1) shall, forthwith cease to hold office and in the event of removal of the president, the vice-president shall discharge the functions of the president till his successor is elected. (3) Notwithstanding Anything contained in this Act or the rules and regulation made there under, the director of health services, Madhya Pradesh or by an officer meeting in which a motion of no confidence is discussed against him. Such meeting shall be presided over by the Director of Health Services, Madhya Pradesh or by an officer appointed by him for the purpose. However, the president or vice-president, as the case may be ,shall have a right to speak and otherwise to take part in proceeding of the meeting.	No confidence motion against president and vice-president
(4) A meeting for the purpose of this section shall be held in the manner prescribed 1) The council shall constitute from amongst its members an Executive committee and such other committee for general or special purposes as the council deem necessary to carry out the purpose of this Act. 2) The Executive committee shall consist of the president and the vice-president, who shall be members ex-officio and five other members who shall be elected by the council from amongst its member of whom at least three shall be from amongst the nominated member of the council. 3) The president and vice-president shall be the president and vice-president respectively of the Executive Committee. 4) In addition to power and duties conferred and imposed upon it by this Act , the executive committee shall exercise and discharge such power and duties as the council may confer or impose upon it by any regulation which may be made in this behalf. 5) A committee constituted under sub-section (1) shall be under the control of the council in exercise or discharge of any powers, duties and function, conferred or impose upon it by or under this Act and council shall be competent to revise or rescind any order or decision passed or taken by any such committee.	Executive committee and other committees

 

[Chapter I] [Chapter II] [Chapter III] [Chapter IV] [Chapter V]

[Chapter VI] [Chapter VII] [Chapter VIII] [Chapter IX]

[Chapter X] [Chapter XI][Chapter XII]

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