(1) If any member, during the period for which he has been nominated or elected-
(a) absents himself without sufficient cause from three consecutive ordinary meetings of the Board; or
(b) becomes subject to any of the disqualifications mentioned in section 7; or
(c) being a legal practitioner, appears in any suit or proceedings civil or criminal against the Board, or
(d) obtains any employment under the Board or has without the previous sanction of Government acquired directly or indirectly by himself or by a partner any share or interest in any contract, with, by or on behalf of the Board ;
the Board may remove him from membership:
Provided that before removing a member under this sub-section, the Board shall call for his explanation and record its finding thereon.
[(2) Notwithstanding anything contained in sub-section (r) the President or any member nominated under sub-section (r) of section 5 shall after such notice as may be prescribed, be removable by the State Government alone.]
1 [Power of the Government to appoint controller 10-A (1) Where the number of members of the Board for the time being is] for any reason whatsoever, reduced to less than the quorum provided in section 18, the State Government may, by notification, supersede the Board and appoint a Controller for such period not exceeding [four years] 2 as may be specified in the notification or up to the date of notification under sub-section (4), whichever is earlier.
(2) Upon the appointment of the Controller under sub-section (1), --
(a) all members of the board including the President and the Vice- President shall, cease to be such members, President or Vice- President;
(b) the advisory Committee, if any, appointed under sub-section (1) of section 17 shall stand dissolved;
(c) all members (including the Chairman) of the Faculty, except the Director of Ayurvedic and Unani Services, Uttar Pradesh shall cease to hold office and the Controller, together with the aforesaid Director shall constitute the Faculty;
(d) all powers, functions and duties of the Board, the President and the Vice-President shall be vested in and be exercised, performed and discharged by the Controller and the Controller shall be deemed to be the Board, the President or the Vice-President as the occasion may require.
1. Substituted by section 5 of U.P. Act No. 7 of 1956.
2. Substituted by section 2 of U.P. Act No. 10 of 1994.
172 [The (Ayurvedic and Unani Tibbi Systems of medicine) 1 Act, 1939] [Section 11-14]
(3) As soon as may be after the appointment of the Controller the State Government shall take steps to nominat4e a President and other members under clauses (1) and (2) of sub-section (1) of section 5 and to hold elections of members under clauses (3), (4), (5) and (6) of that subsection.
(4) As soon as the elections or nominations, as the case may be of atleast such number of members as is required under section 18 for the quorum (including the President) are notification declare that the Board is reconstituted and thereupon the Controller shall cease to function.]
4 Power of the State Government to remove a member and President of the Board
11. Any member removed by the Board under the provisions of section 10, may within ninety days from the date of his removal, appeal to the [State Government] 1 and the order of the [State Government] 1 on any such appeal shall be final.
Resignation of a member or President
12. [(1) Any elected member may at any time resign his office by a letter addressed to the President. Such resignation after due verification shall take effect from the date on which it is accepted by the Board.
(2) A President or a member nominated under sub-section (1) of section 5 wishing to resign may tender his resignation to the State Government under intimation to the Board. Such resignation when accepted shall be published in the official Gazette and shall take effect from the date notified therein.]
2 Filling of casual vacancies in the office of member or President