Constitution and incorporation of the Council—
(1) With effect form such date as the Government may, by notification in the Official Gazette notify, there shall be constituted for the purposes of this Act a Council to be called "the Delhi Medical Council"
(2) The Council shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of re erty, whether movable or immovable, and to contract and to do a ings necessary for the purposes of this Act, and may by the name aforesaid sue or be sued.
(3) The Council shall consist of the following members, namely:—
(a) four members having registerable qualification as prescribed in the Indian Medical Council Act, 1956 (102 of 1956) to be nominated by the Government;
(b) one member from each medical college established by law in Delhi having a medical faculty, elected by members of the medical faculty of that college from amongst its permanent members of teaching faculty;
(c) nine members to be elected by registered practitioners from amongst themselves including one member elected by the Delhi Medical Association:
Provided that no registered practitioner shall be entitled to vote or stand as a candidate foe election, unless:
(I) he is a citizen of India; and
(ii) he either resides or carries on his profession or is employed in Delhi;
(:1) Dean of the Medical Faculty of the University of Delhi as ex-oflicio member; and
(6) Director of Health Services of the Government as ex—officio member.
(4) The President and Vice—President shall be elected by the members from amongst themselves.
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(5) The election of the members, and of the President and Vice-President, shall be held at such time, and at such place, and in such manner, as may be prescribed.
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(6) If at any election, the electors fail to elect the requisite number of members, of the President or the Vice-President, the Government shall ‘ nominate members from amongst persons qualified to be elected as members of ' the respective category, as it deems fit to fill in the vacancy or vacancies; and the ' persons so nominated shall be deemed to have been elected for the period till such time the vacancies are filled in on regular basis under this section.
(7) Where any dispute arises regarding any election of a member or of the President or Vice-President, it shall be referred to the Government, and the decision of the Government shall be final.
(8) Notwithstanding anything contained in sub-section (3)—
(n) in respect of the constitution of the Council for the first time under this Act, the members thereof shall be nominated by the Government from amon st persons qualified to be elected or nominated as members 0 the respective category; and
(b) the members so nominated shall hold office for such period not exceeding three years in the aggregate as the Government may, by notification in the Officer Gazette, specify
4.. Term of office.-—(1) The Government, shall, by notification in the Official Gazette, publish the names of the members.
(2) Save as otherwise provided by this Act, a member, shall hold office for a term of five years form the date of publication of the notification under sub-section (1):
Provided that where a person is elected b members of medical faculty of a medical college, or is an eX-officio member, e shall cease to hold office as a member if he ceases to belong to that faculty or, as the case may be, ceases to hold such office, before the expiry of his termi
(3) Save as otherwise provided by this Act, the President or the Vice-President shall hold office from the date of his election upto the day on which his term of office as member expires.
(4) The term of office of an outgoing member shall, notwithstanding anything contained in subsection (2) be deemed to extend and to expire with the day immediately preceding the day on which the names of the successor members are published under sub-section (1).
(5) The term of office of an outgoing President or VicePresident shall, notwithstanding anything contained in sub-section (3), be deemed to extend and to expire with the day immediately preceding the day on which the successor President or Vice-President, as the case may be, is elected.
(6) An outgoing member, President or Vice-President, shall be eligible for re-election or re-nomination for one more consecutive term only.
(7) Leave of absence may be granted by the Council to any member for a period not exceeding six months.
5. Casual vacancies—(1) A casual in the office of the President or the VicePresident or a member elected under Clause (17) of sub-section (3) of Section 3 or Clause (c) of said sub- section, shall be filled by election:
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Provided that any such vacancy in the office of an elected member occurring within six months prior to the date on which the term of office of all the members expires, shall not be filled.
(2) A casual vacancy in the office of a member nominated under Clause ((1) of sub-section (3) of Section 3 or sub-section (8) of that section shall be reported forthwith by the Registrar to the Government, and shall, as soon as possible thereafter, be filled by the Government by nomination,
(3) Any person elected under sub-section (1) or nominated under sub-section (2) to fill a casual vacancy shall, notwithstanding anything contained in sub-section (8) of Section 3 or Section 4, hold office only so long as the person in whose place he may be elected or nominated, as the case may be, would have held office, if the vacancy had not occurred.
6. Resignation—(1) The President or the Vice-President may at any time resign his office by a notice in writing addressed to the Council and delivered to the Registrar. The registration shall take effect from the date on which it is accepted by the Council or on the expiry of sixty days from the date of the delivery of the notice, whichever event occurs earlier.
(2) An elected member may, at any time, resign his office by a notice in writing addressed to the President. A nominated member may at any time resign his office by a notice in writing addressed to the Government and delivered to the Registrar. Every such resignation shall take effect from the date on which it is accepted by the President or, as the case may be, the Government or on the expiry of sixty days from the date of the receipt of the notice, whichever event occurs earlier.