(1) With effect from such date as the Government may, by notification in the Official Gazette notify, there shall be constituted for the purpose of this Act, a Council to be called "The Himachal Pradesh 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 property, whether movable or immovable, and to contract and to do all things necessary for the purposes of this Act, and may by the name aforesaid sue and be sued.
(3) The Council shall consist of the following members, namely:-
(a) four members having requisite qualification as prescribed in the Indian Medical Council Act, 1956 (102 of 1956), to be nominated by the Government;
THE HIMACHAL PRADESH MEDICAL COUNCIL ACT, 2003 4
(b) one member from each Government Medical College established by law in Himachal Pradesh 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 Himachal Pradesh Medical Officers Association:
Provided that no registered practitioner shall be entitled to vote or stand as a candidate for election unless,-
(i) he is a citizen of India;
(ii) he either resides or carries on his profession or is employed in Himachal Pradesh ;
(d) Director of Medical Education, Himachal Pradesh as ex-offico member ;
(e) Principals of the Government Medical Colleges in Himachal Pradesh as ex-offico members; and
(f) Director of Health Services, Himachal Pradesh as ex-offico member.
(4) The President and the Vice-President shall be elected by the members from amongst themselves.
(5) The election of the members, and of the President and the Vice-President shall be held at such time, and at such place, and in such manner, as may be prescribed.
(6) If at any election, the electors fail to elect the requisite number of members, or 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 the 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),-
(a) 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 amongst persons qualified to be elected or nominated as member of the respective category;
and
(b) the members so nominated shall hold office for such period not exceeding three years in the aggregate as the THE HIMACHAL PRADESH MEDICAL COUNCIL ACT, 2003 5 Government may, by notification in the Official Gazette, specify.
(9) The Government shall, by notification in the Official Gazette, publish the names of the members.