(1) If at any time, it appears to the Government that, the council or its president or vice-president has failed to exercise or has exceeded or abused any of the powers conferred upon it or him by or under this Act or has ceased to function, or has become incapable of functioning, the Government may, if it considers such failure, excess abuse or incapacity to be a serious character, notify the particulars thereof to the council or the President or the Vice- President, as the case may be. If the council or the President or the vice- President as the case may be, fails to remedy such failure, excess abuse or incapability within such reasonable time as the Government may fix in this behalf, the Government may remove the President or Vice President or dissolve the council for specified period, as the case may be, and in case of dissolution of the council, cause all or any of the powers, duties & function of the Council to be exercised, performed and discharged by such registered practitioner or practitioner as the Government may appoint in that behalf :
Provided that a new council shall be constituted before the expiry of a period of two years from the date of its dissolution.
(2) Notwithstanding anything contained in this Act, or in the rules made there under, if at any time it appears to the Government that the council or any other authority empowered to exercise any of the powers or to perform any of the duties or functions under this Act, has not been validly constituted or appointed, the Government may cause any of such powers duties or functions to be exercised or performed by such person or persons, in such manner and for such period; not exceeding six months and subject to such conditions, as it thinks fit.
Rules 30. (1) The Government may, by notification in the official Gazette, and subject to the condition of previous publication, make rules to carry out the purposed of this Act. Such rules may be made to provide for all or any matters expressly required or allowed by this Act to be prescribed by rules.
(2) In particular and without prejudice to the generality of the foregoing power, the Government may make rules for all or any of the following matters, namely;
(a) the time and place at which and the manner in which the election of the members and of the president and the Vice President shall be held under sub-section (5) of section 3.
(b) the manner in which the meeting of the council shall be convened, held and conducted under sub-section (1) of section 8;
(c) the powers, duties, and functions of the council, the condition subject to which they shall be exercised and performed, and regulation of professional conduct of practitioners by a code of ethics in accordance with section 10;
(d) number of elected members who shall be elected by the Council from amongst its members for constituting the Executive Committee of the Council; and the term of office of, and the manner of filling casual vacancies among and the procedure to be followed by the members of the Executive Committee and also the powers and duties and functions of the Council as may be delegated by the Council to be exercised, performed and discharged by the Executive committee under the provision of section 11;
(e) the fees and allowances payable to the President, the Vice President and other member of the Council, and to the members of its Executive Committee under section 12;
(f) the salary and allowances payable to the Registrar and other conditions of service of the Registrar, manner of maintenance of the accounts of the council by the Registrar, supervisory powers of the Registrar over the staff and the duties and functions as may be specified in the Bill, which may be performed and discharged by the Registrar;
(g) the conditions of service of the officers and staff of the Council under sub section (3) of section15;
(h) preparation and maintenance of the register of medical practitioners, the form of such register, the particulars including the name, address, and qualification, etc of the registered practitioners to be entered in the register, prescription of the form of application and of notice to be published in the official Gazette and newspapers to have names registered, prescription of fees to be paid for such entry and the manner of payment, prescription of form for sending individual notices, prescription of the form of certificate which shall be given to registered practitioners under section 15;
(i) prescribing the form of application for provisional registration, fee payable for such registration and prescribing form of certificate of provisional registration under section 18;
(j) prescription of fee for recording change of name in the register, prescription of the fee payable for entering additional qualification in the register and prescription of fee payable for issue of duplicate certificate of registration under section 19;
(k) the form of the list of registered medical practitioners and manner of the publication of the list under section 20;
(l) manner for taking disciplinary action etc. against registered practitioner by the Council or by the Executive Committee, conditions subject to which and the fee for re-entering the name of a practitioner in the register and the remuneration to be paid to an assessor under section 21;
(m) from of notice and form of application for renewal of registration be registered medical practitioner, fee payable for re-entry of name which is removed from the register due to non-renewal under section 22;
(n) the manner in which appeals against the decision of the Registrar shall be heard by the Council under section 23;
(o) officers who are empowered to make a complaint under sub-section (2) of section 29;
(p) any other matter which is to be, or may be, prescribed under this Bill.
(3) All rules made under this section shall be laid is not more than thirty days on as soon as possible after they are made before the Legislative Assembly of Uttarakhand and shall be subject to rescission by the Legislative assembly or to such modifications as the Legislative Assembly may make during the session in which they are so laid or the session immediately following.
(4) Any rescission or modification so made by the Legislative Assembly of Uttarakhand shall be published in the official Gazette and shall thereupon take effect.
Code of conduct and Ethics
31. The Council shall follow the code of conduct and medical ethics as prescribed by the Medical Council of India from time to time.
Power to remove difficulties
32. If any difficulty arises in giving effect to the provisions of this Act, the Government may by order as occasion requires, do anything which appears to it to be necessary for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiration of two years from the constitution of the Council.
Repeal 33. The Uttarakhand Medical Council Ordinance, 2002 is hereby repealed.