(1) The Central Government shall, by notification in the Official Gazette, constitute for the purposes of this Act a Central Council consisting of the following members, namely:—
(a) such number of members not exceeding five as may be determined by the Central Government in accordance with the provisions of the First Schedule from each State in which a State Register of Homoeopathy is maintained, to be elected from amongst themselves by persons enrolled on that register as practitioners of Homoeopathy;
(b) one member from each University to be elected from amongst themselves by the members of the Faculty or Department (by whatever name called) of Homoeopathy of that University:
Provided that until any such Faculty or Department of Homoeopathy is started in at least seven Universities, the Central Government may nominate such number of members not exceeding seven as may be determined by the Central Government from amongst the teaching staff of medical institutions within India, so however, that the total number of members so nominated and elected under this clause shall in no case exceed seven;
(c) such number of members, not exceeding forty per cent. of the total number of members elected under clauses (a) and (b), as may be nominated by the Central Government, from amongst persons having special knowledge or practical experience in respect of Homoeopathy or other related disciplines:
Provided that until members are elected under clause (a) or clause (b) in accordance with the provisions of this Act and the rules made thereunder, the Central Government shall nominate such number of members, being persons qualified to be chosen as such under the said clause (a) or clause
(b), as the case may be, as that Government thinks fit; and references to elected members in this Act shall be construed as including references to members so nominated.
(2) The President and the Vice-President of the Central Council shall be elected by the members of the Central Council from amongst themselves in such manner as may be prescribed:
Provided that for two years from the first constitution of the Central Council, the President and the Vice-President shall be nominated by the Central Government from amongst the members of the Central Council and the President and the Vice-President so nominated shall, notwithstanding anything contained in sub-section (1) of section 7, hold office during the pleasure of the Central Government.
2 [3A. Power of Central Government to supersede Central Council and to constitute a Board of Governors.—(1) On and from the date of commencement of the Homoeopathy Central Council (Amendment) Act, 2018 (23 of 2018), the Central Council shall stand superseded and the President, Vice- President and other members of the Central Council shall vacate their offices and shall have no claim for any compensation, whatsoever.
1. Sub-section (2) omitted by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E) dated (18-3-2020).
2. Ins. by Act 23 of 2018, s. 2 (w.e.f. 18-5-2018).
*. Now applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh by the Notification of Government of India, M/o Home Affairs vide No. S.O. 3912 (E), dated 30th October, 2019 (w.e.f. 31-10-2019).
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(2)The Central Council shall be reconstituted in accordance with the provisions of section 3 1 [within a period of two year] from the date of supersession of the Central Council under sub-section (1).
(3) Upon the supersession of the Central Council under sub-section (1) and until a new Council is constituted in accordance with section 3, the Board of Governors constituted under sub-section (4) shall exercise the powers and perform the functions of the Central Council under this Act.
(4) The Central Government shall, by notification in the Official Gazette, constitute a Board of Governors which shall consist of not more than seven persons as its members, who shall be persons of eminence and of unimpeachable integrity in the fields of Homoeopathy and Homoeopathy education, and eminent administrators, and who may be either nominated member or members, ex officio, to be appointed by the Central Government, one of whom shall be selected by the Central Government as the Chairperson of the Board of Governors.
(5) The Chairperson and the other members, other than the members, ex officio, shall be entitled to such sitting fee and travelling and other allowances as may be determined by the Central Government.
(6) The Board of Governors shall meet at such time and such place and shall observe such rules of procedure in regard to the transaction of business at its meetings as is applicable to the Central Council.
(7) Two-third of the members of the Board of Governors shall constitute the quorum of its meetings.
(8) No act or proceedings of the Board of Governors shall be invalid merely by reason of—
(a) any vacancy in, or any defect in the constitution of, the Board of Governors; or
(b) any irregularity in the procedure of the Board of Governors not affecting the merits of the case.
(9) A member having any financial or other interest in any matter coming before the Board of Governors for decision, shall disclose his interest in the matter before he may, if allowed by the Board of Governors, participate in such proceedings.
(10) The Chairperson and other members of the Board of Governors shall hold office during the pleasure of the Central Government.