(1) On thc date the first Council is constituted DimolUti3n under the provisions of this Act, the existing "Orissa ~ f t h e e x h t * rog fioard Ayurvedic Examination Board" shall ,cease to exist md SMUD and all i ts assets and liabilities shall devolve upon the Of acts- ! ' Council so coqstituted.
(2) All acts begun whether pending or completed by .the said O ~ ~ S S ~ L Ayurvedic Exarrli~lat ion Board by the dabof the co~lsfitutiou of the first Council. shall in so far as they relate to the functions allotted to the Council under this Act be dcemd to have begun or performed by the Council constituted under this Act, arid such acts may be carried on and coinpleted by or under the autharity of the Council so constituted.
6. The elcaion of the pcl.sails, ent&lc\d to be the nrctronor members of the Council or the Fi~culty sllall be held "cmb"6- at such ~ i m e and place and in such manner as may be prescribed by the Government :
Provided,that wllen the Council and the Faculty are to be established for tho &st time, the n~clvb~rs to be elected under clauses (iii) to (viii) of sub-section
(2) of section 3 and clause (iv) of section 4, as the case may be, shall be norni~~ated by the Govern- &nt and the. Council and the Faculty so constituted for' fhe;kst time shall hold oficc for a pcriod cf fiye years from the date of publication of the names in the official Gzzette under section 8 or far sych further pericd as the Gdwrnment may by fk in this bzhajf.
7. Save as otherwise provided in this Act- T C ~ at ; I - o'flicc . I
(a) the term of office of the elccted and norni~~ated members of the Council,, slzall be for five years t7ri.om the date of publication of their nan~es in the cjtkial Gazette unaer section 2 and shall incltrdc any further peribd which_ may elspse- between .the expiration of the said period of five years and the -date- of the k s t meeting of the next succeeding Council at , which quo- is present ;
218 'faa ORISA AYURVEDIC MEDIC^ ACT, 1960 ! Or. Act 14 (Sets, 8-91
(b) the term of office of the elected and nominated members of the Faculty shall. expire on the same date on which the term of office of the members of the Coun~il expires :
Provided that members elected by the electorates specified in clauses (iii) to (viii) of sub-section (2) of section 3, or under clause (iv) of section 4, shall cease to be members of the Council or the Faculty, as the case niay be, as soon as they cease to be'the members of these electorates:
=[Provided further that where any member is elected subsequent to the reconstitution of the Council or the Faculty, as the case may be, to bII up any seat allotted to any constituency due to the reason that such constituency was not in existence at the time of such recons titutioa but came into existence subsequent thereto, the term of oEce of such member shall be co-terminus with the term of office of the existing members 'of the Council or the Faculty, as the case may be.]
hotidcution of olccfions
8. The names of thc Pimesidetlt, the Chairman and of every m e ~ b e r nominitited or eIected under sections adya- - 3,4, 6, 9 or 10, shall be published in the ofiicial Gazette c i m by the Government:
'provided tbat the names of all the members who are nominated or elected for the purpose of reconstitution of the Council or the Faculty, as the case may be, shall be published simultaneously.]
Nomination 9. If on any election, any of the electorates referred $rd2,;fl to in clauses (iii) to (viii) of sub-section (2) of section ofasriw. 3 or clause (iv) of section fails within such period as may be pres,cribed to elect a-member or' members referred to in ,the said clauses, or oa the occurrence of any casual vacancy, to that vacancy as provided in section 10, the Government shall nominate a person or ersons possessing the requisite qualifications to &I such a vacancy or vacancies, and the ,person or persons so nominated shall for the purposes of this Act be deemed to have been duly elected under section 3 or 4 as the case may be.
1. ~ r t d by the O W .Ayurvedic Medicine (Arn&dmmt) Act, 197.
,(Or. Act 18 of 1972), s. 3.
2. Addtd by bid, a.'4. ' - . , (Sem. 10-1 2)
10. If the President or the Chairman or member of the Council or the FacuIty is unable by reason of his death, resignation, rcrnovaI or otl~erwise, to complete his full t e r~n oC office, the vacancy so caused shall be filled by nomination or election, as the case may be, by another person within the prescribed period and the person so nominated or elected, shall fill such vacancy for the unexpired portion of the term, for which the member i n whose place such person is nominated or elected would otherwise have continued in office :
Provided that, in the case of a member who is to be elected, if the vacancy is for a period of six months, or less, the Council may direct that the vacancy may remain unfilled till the next general election.
11. Any member of the Council or the Faculty~m~gnnti~n other than the President or the Chairman may at any of Pmfdtnt or mtmbcrr.
time resign his office by a letter addressed to the President or the Chairman, as the case may be. Such resignation, after due verification, shall take effect from the date, on which it is accepted by the Council or the Faculty as the case may be.
12. No person shall be eligible for election or ,,,aIu,, norniriation as a member- t i o m
(a) who is less than twenty-five years of age ;
(h) who is insane or of unsound mind ; -
(c) who is an employee of the Council or the Fac~rlty ;
(4 who has applied for being adjudged an iflsofveat or i s an undischarged insolvent ;
(c) who has been convicted of any oEence under this Act ;
(f) who has been convicted of an offence involving- moral turpitude which in the opinion of the Government renders him unfit to hold office ;
(g) who has, on the previous occasiog, been remov~d from ofice under section 13 ;
whose hame has been removed from the register ;
220 THE ORISSA AYURVEDICMEDICJNE ACT, 1960 [Or. Act 14 (Sec. 13) ( i ) who has, directly or indirectly or by himself or as a partner, any share or interest in any contract ,with, by or on behalf of the Council or Faculty ;
(j) who has been appointed as' Legal Advis~r to the Council. or Faculty :
Provided that the Governmenf may in any particular case reniove this disqualificatim.
Disabilities for conlinu- 13. ( I ) ' If any member, during the period for which i n number. he has been nominated or elected- (I) absent himself, without such reasons a3 may, i n the opinion of the. Council or the Faculty be sufficient, from three consecritive ordina,ry meetings of the Council or the Faculty ; or
(ii) is or becomes subject to any of the disqualifications specified in section 12 ; or
(iii) refuses to perform or is incapsble of performing any of the duties assigned ,to him under this Act : or ' @) being a Iegd ~ractitioner. amears in any suit or proceeding whether .Civil, Criminal or Revenue, against the Council ;
he shall be removed from membership :
Provided that befote rem,oving a member from office t%e Council or the Faculty,. as the case may be, shall call for his explanation and record its findings therein.
(2) Any member removed from ofice by the Council or the Faculty under sub-section ( I ) may, within thirty days from the date of his removal, 4 appeal to the Government and the or er of tha Government on any such appeal shall be h a .
(3) The Govefnment may remove the President or the Chairman from office on any of the grounds spdfied in sub-section ( I ) after calling for aa explanation fmkn him, , , , .
(Secs. 14-17) Ail owaact 14. (1) There shall be paid to the Presid&t or of President, the Chairman and the members of the Council the Faculty, such travelling and other allowances as members.
may be prescribed.
(2) No person shall receive any pay or special pay as President or Chairman or as a member of the Council or the Faculty.
15. The Council or the Facultv shall ha7.e a n z z z d ofice at the headquarters of the Government andmeetias of shall meet at such time and place and every meeting ~ ~ ~ ~ . " O d of the Council, and the Faculty shall be summoned in such manner as may be prescribed by regulations or bye-laws, as the case may be :
Provided that until such regulations or bye-laws are made, it shall be lawful for the President or the Chairman to summon a meeting of the Council. or the Faculty, as the case may be, at such time and place as may be deemed expedient, bv letter addressed to each member, on a clear notice of fifteen days.
i
16. ( I ) The President shall preside at every meeting Procedutt at I !
the rnaetint of the Council. In the absence of the President, the members present shall elect one of them to preside.
(2) The Chairman shall preside at evew meetin7 of the Faculty. Tn the absence of the Chairman the members present shall elect one of them to preside.
(3) One-third of the members of the Council or the Faculty shall form a quorum. No quorum shall s.
be necessary for a meeting adjourned for want of a , .
quorum.
(4) All questions at the meeting of the Council or the .Faculty shall be decided by the votes cif the majority of the members present at the meeting.
(5) At every meeting of the Council or the Faculty, the person presiding, for the time being, shall, in addition to his vpte as a member of the Council ot the F a d t y have a second or casting vote in case of 1 an equality of votes.
Validity of
17. No disqualification or defect in the election p m d i n ~ .
or norninatjon of any person acting as a member or as the Presidedt or the Chairman or as the President of a meeting in the absence of the President or the Chairman, shall be deemed .to vitiate any act or proceedings of the Council or the Faculty, as the case may be, in wlick sach person has taken- part, if the majority of the persons who took part in such act or proceedings were duly qualified members of the Council or the Faculty.
Establish- 18. ( 1 ) The Council may, subject to the rules m c n t o f made by the Government by a resolution in that Adviqnry committee. behalf, appoint an Advisory Con-lmittee which may consist of as many ~nembers of the Council and outsiders, if any, co-opted for any purpose it deems fit.
The said Committee shall discharge such duties, perform such functions and advise on such matters as may be assigned or referred to it by the Council :
Provided that the total number of members of su%h Committee shall not be more than seven.
~ ( 2 ) The Council may from amongst the members o %'he Committee appoint a Convener who shall preside at the meetings of such Committee. T* the abserce of the Convener the members preseqt ,shall elect one amongst themselves to preside at the meeting.
(3) AII questions at a meeting of the Committee shall be decided by the votes of the majority of the members present at the time of voting at the meeting.
In the case of equality of votes the member Dresiding shall have a second or casting vote.
(4) No business shall be transacted at any meeting when less than three members constituting the Committee arc present.
(5) The term of office and alIowance, if any payable t o the members of such Committee, shall be ' determined by rules made by the Government in this behalf.
*.
Poivcrs and 19. Subject t o the provisfons of this Act or the Functions of mles made thereunder the. CounciI shalt have the the C{:uoc~l. following powers and functions, namely :-
(i) tb advise the ~overnment in matters relztiting to Ajqlrvedic ~ystkm of Medicine including research and post-graduate education ;
(iij to accord, stlspend or withdraw recognition or afiliation of Ayurvedic Educational Institutions on the recommendations of the Faculty ;
(iiii) to prescribe fees for admission to examinations -conducted by the Faculty ;
(iv) to allot funds to the Faculty for carrying out its duties;
(10) to provide for the registration of prnctitioners and entry of their names in the register under this Act and to provide far the preparation of the list of practitioners under section 42 ;
( v i ) to reprimand a registered practitioner or - a practitioner whose name is entered in the list or suspend or remove fiim from the register, or list and to take such other disciplinary action against him as nlay in the opinion of the Council be necessary or expedient :
Pravided that the Council shall, before taking action under this clause, give the practitioner concerned a reasonable opportunity , of being heard ;
(uii) to hear and decide appeals from the decision of the Registrar ;
(viii) to endow chairs of ~ ~ u r v e d i c ' System of Medicine and surgery in the institutions amated to the Faculty ;
( ix) to appoint Inspectors for the inspection of Ayurvedic institutions, d ispcnsaries, hospitals, druggists' shops or firms in the S-kite and to require institutions giving instructions in the Ayurvedic System of Medicine to furnish such information as may be necessary ;
(x ) to register and issue licences to reliable firms, for sale of genuine Ayurvedic drugs :
Provided that no such licence shall be issued without the approval of the Government ;
(xi) to perform, such other functions for the development of Ayurvedic System of M,edidne as may be consistent with the provisions of this Act ; and
(xii) to exercise such other powers as may be specified by or under this Act, 224 THE ORISSA A w ~ v ~ i ~ c c MEDICINE ACT, f 9-60 [Or. Ant 14 (Sec. 20)