(1) No suit or other legal proceeding shall lie against the [State Government] 1 , in respect of an act done in the exercise of the powers conferred by this Act.
(2) No suit or other legal proceeding shall be maintainable against the Board or any member or any officer or servant of the Board or any person acting under the direction of the Board or of the President or of any officer or servant of the Board in respect of anything done under this Act, lawfully and in good faith and With reasonable care and attention.
Mode of proof of Board’s records
45. A copy of any proceeding, receipt, application, plaint, notice, order, entry in a register, or other document in the possession of the Board shall, if duly certified by the Registrar or other person authorized by the Board in this behalf, be received as prima facie evidence of the existence of the entry or document and shall be admitted as evidence 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.
Restriction on the summoning of Board’s servants to produce documents
46. No member or office or servant of the Board shall, in any legal proceeding to which the Board is not a party, be required to produce any register or document or to appear as a witness to prove the matters recorded therein, unless by order of the Court made for special reasons.
Control of Board by State Government
47. If at any time it shall appear to the [State Government] 1 that the Board has failed to exercise or has exceeded or abused a power conferred upon it under this Act or has failed to perform a duty imposed upon it by this Act, the [State Government] 1 may, if it considers such failure, excess, or abuse to be of a serious character, notify the particulars thereof to the Board; and if the Board fails to remedy such default, excess or abuse within such time as may be fixed by the [State Government] 1 in this behalf, the [State Government] 1 may dissolve the Board and cause all or any of the powers and duties of the Board to be exercised and performed by such agency and for such period as it may think fit :
Provided that it shall take steps within six months to constitute a new Board under the provisions of this Act,
1. Subs. by A. O. 1950 for (Provincial Government).
185 [The (Ayurvedic and Unani Tibbi Systems of medicine) Act, 1939] [Section 48-53] Court competent to try offences under this act and cognizance of offences