(1) If at any time it appears to the State Government that the Council has failed to exercise or has exceeded or abused any of the powers conferred upon it, by or under this Act, or has failed to perform any of the duties conferred upon it, by or under this Act, or has otherwise ceased to function or has become incapable of functioning, the State Government may notify the particulars thereof to the Council and if the Council fails to remedy such failure, excess or abuse within such time as the State Government may fix in this behalf, the State Government may, after giving the Council an opportunity to render an explanation, dissolve the Council an cause all or any of the powers or duties of the Council to be exercised an performed by such person and for such period not exceeding two years as it may think fit and shall take steps to constitute a new Council.
(2) Notwithstanding anything contained in this Act, rules or regulations, if at any time it appears to the State Government that the Council or any other authority empowered to exercise any of the powers or to person any of the functions under this Act, has not been validly constituted or Control of Government.
The Gujarat Homoeopathic Act, 1963 1963 : Guj. XXXVI] appointed, the State Government may cause any of such powers or functions to be exercised or perform by such person, in such manner, of such period not exceeding six months and subject to such conditions as it thinks fit.
39. No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is, in good faith, done or intended to be done under this Act or under the rules or regulations made there under.