(1) If at any time it shall appear to the POWM to Government that the Council or the Faculty made di=fault in the performance of a duty imposed ox tht on it by or under this Act or has exceeded or abused Facul'y.
its power, the Government may after giving the Council or Faculty, as, the case may .be, a reasonable opportunity of being heard if they consider such default, excess or abuse -to be of a serious character, communicate the particulars thereof to the Council or the Faculty as the case may be and issue necessary directions in respect of such default, excess or abuse to the Council or the Faculty, as .the case may be, and if the Council or the Faculty fails to comply with such directions kthin such time as may be k e d by'the Government in this behalf, the Government may by not ifidion specifying the reason for so doing, declare the Council or thci Faculty, as the case may be, to be in'-default or to -have exceeded or abused its power, as the case may be, and- . -
(a) direct,. that on a date .to .$e specified in the ribtiEcatioa, the office of themembers of the Council or the Faculty shaIl be deemed to be yamnt, and require a fresh .' . election- .to be held on or -before the ,said date ; or
(b) direct that the Council or the .Faculty shall be superseded for such peri-od not - - exceeding six months, as -may be specified ':in the notification.
(2) The members of the Council or the Faculty who vacate office by reason of a declaration made under sub-section (I) shaIl not, unless-the Goverb me-nt. Qtherwise direct, be . deemed - disqualified for re-election or re-nomination.
(3) Where an order of supersession has been passed under clause (b) of sub-section- (l), the followmg consequences shal I ensue, namely. -:-
(a) dl the members of the Council or the Faculty shall, f roq. a ,date to be spccificd in - the order, vacate their offices : as such members ; . .' ' - THE OSA AYURVEDIC MEDICINE ACT, 1960 Or. Aot 14 - -(Set. 45)
(ti) dl the powers aad duties, which under the provisions of this Act are to be exercised and performed by the Council or the Faculty, as the case may be, shall during the period of. supersession, be' exerhed and performed by such person or persons as the Government may direct ;
(c). all property vested- in the Council , or -. - Faculty, shall during the period .of super- , session; v&t in the Governmerit ; and .
, .
(d) before the expiration of . the p e ~ o d of supersessiop, election shall be held and . ' nominations made, for ' the purpose' . of reconstituting the .Council and the Faculty. - , .
THE-COUNCIL FUm , , , . . .
, - M Fad. 45. (1). There shall be f o d a fund to be called the, CGtibcil- .Fund and there.-shall 'be placed to . . . - the credit thereof- , , . ."' .
(a) dl - sums received, by ' the .~ouncil and the Faculty as doaations '.and pants including allotments from th&-Consolidated ' , Fund of 'the State ;
. . . . .- . (b) ~ Z I simb received f& 'on' account of registration of ractitionejrs and admission J to the Fa tjr's'- examinations, - and * ' - licensing of- h s for &: -of Ayurvdc - .
drugs under this Act and any other fees - ..
c.ee1ved under any ,of, the provisions df this Act ox ruIes:or -regulations or bye-laws . . - - .. ,: . ' ,made thereunder ; and . . . , .
(el aI sums,x&ived 'or re&& . by :&='. - ' , . Cound the.' Faculty on, -any ather . . accoUntl .
. .
' I! - (Secs. 46-47) 46, The Government may place s ~ c h sums at Altotmcnt of funds by the disposal of the Council evzry yea!- as thq~ t h i n k c o ~ ~ m m e n t .
necessary for distribution according to ~u!es made by the Government t o the Ayurvsdic dispensaries;
hospitals and educational inststitutioas. in the State and . for other suitable purposes consistent with tbe aims and objects of this .Act.
47. The Council Fund shall be applicable to the-ob~ts on following objects, namely :- CII ~ h ~ c h FUII~ C~UII- may be applicd.
(a] to the repayment of debts, incurred by the Council for the purposes -of 'this. Act ; , .
, -. (b) t o h e . payment of the salaries atld allow- .. '.
-.antes of the-Registrar and of the esta- .." ' . , . -: . .. bGshments employed by the Council and . , {'the : Faculty foi the purpcscs , QF this. Act ---and - to the paylnent of any Provident -Fund contributions to the Registrar and . - . - . to the members of such etablishments ;
. (c) t i the payment ,,of the tiave!iing and other : - .. allowances of the President and menhers . . . .of the Couacil an& the Chairinan atid members .of the Faculty ;
- ' (4 to the payment 'of .the travelling , and , - - other allowances of the members of-. the ' - -Committees. or Boards appointed by: the, Councll or by the Faculty ; . .
(e) to i h e payment of .the cost of audit of the Council. Fond ; . . . ..
- . . ,
(f) to ,!hi expenses bf any suit or pkooeedittg ' ' to which the . C p ~ n ~ l . . is .a party ;: :, , . .
, . ' (g) to any object,. which may bc d&liced by the 'Coun$il, at. - meeting - spkially .ad- .
vcncd for the purpose, by a resblutior, in favarir, of wbich not less Qhan- two-thirds - - of the members present at , skch, meeting .
-shall- have voted, t o bc an object to which . the . ChuaciI Fund may be applicable ; and - - .
. .
- (h) to !the - any othei e x m e incured by the Council or th6:Faculty in Carrying out the provisions cif this Act, 240 Tm A ~ W I C MBDIC~NB ACT, 1960 I Or. Act 14 Audit 48. The a~counts of the ~o-wdil shall be subject ma aats to audit under the Osissa Local Fund Audit Act, 0f1958.
1948 and for the purposes of the said Act the Council shall be deemed to be a Local authority whose accounts have been declared by the Government to be subject to audit under section 3 of the said Act and the Funds in the hands of the Council shaU be deemed to be a local fund.
CHAPTER V I I ~ MECELLANEOUS Appcals to aoYemmcnt 49. (1) An appeal shall Ee 'to , the Government from decision of from every decision of the Council under this Act, council, except a decision made by the .Council. as an app,elIate adhority.
(2) . very appeal ' .under sub-section ( I ) shall be --- referred within three months from the date of such decision.
I ' ' BW LO wits ' 58. (1) No suit or other legal proceedings shall and "'" lie against the Government in respect of an act done . lad p r d . in the exercise of the powers conferred by this Act or the rules or regulations or byelaws made thereunder.
(2) No suit or other legd proceedings shall be maintainable, against the Council or' the Faculty or any officer or semant of the Council. or any person acting under the direction of the Council or the Faculty in respect of anytldng in good faith done or intended to be done under this Act or the rules or regulations or bye-laws made thereunder.
M& of Propfor
51. A copy of any proceeding, receipt, applicollIl"rs cation, plan, notice, order, enby in a register or other document in the possession of the Council or the Faculty shalt, if duly certified by the Registrat or other person authorised by the Council in this behalf, be received as prima facie evidence of the existence of the entry 'or - document and of the matters therein recorded in every case where, and to the same extent as the original entry or document, would, if produced, have been admissible to prove such matters.
mt~idion 52. No member or officer or servant of the on Cougcil or the Faculty shall, in any legal proceeding sammnning to which @e Councd or the Faculty is nqt a party, be -& required to produrn any register or document or to to pDdm d-ts. appear as a witness to prove. the, -matters recorded thetein, except.. in accordance with an , order of the Court made for special reasons.