CHAPTER II (CONSTITUTION, FUNCTIONS AND POWERS OF THE COUNCIL)

3.
CHAPTER II » CONSTITUTION, FUNCTIONS AND POWERS OF THE COUNCIL
   
(1)
With effect from such date as the State Government may,by notification tn the Official Gazette notify, there shall be constituted for the purposes of this Act a Council to be called "the Gujarat Medical Council".
(2)
The Council shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, whether move-able or immovable and to contract and to do all things necessary for the purpose of this Act, and may be the name aforesaid sue and be sued.
(3)
The Council shall consist of the following members namely:-
 
(a) five members to be nominated by the State Government , out of whom not more than one may be a person who is not a practitioner:
(b) one member from each University established by law in the State which has a medical faculty elected by members of the medical faculty of the University from amongst members thereof who are practitioner : and
(c) six members to be elected by registered practitioners from amongst them selves.
(4)
The President and Vice-President shall be elected by the members from amongst themselves.
(5)
The election of the members, and of the President and Vice-President , shall be held at such time, and at such place and in such manner, as may be prescribed.
(6)
If at any election , the electors fail to elect the requisite number of members, or the President or the Vice-President , the State Government shall nominate such registered practitioner or practitioners as it deems fit, to fill up the vacancy or vacancies and the practitioners so nominated shall be deemed to have been duly elected under this section.
(7)
Where any dispute arises regarding any election of a member or the President or Vice-President, it shall be referred to the State Government,and the decision of that Government shall be final.
(8)
Notwithstanding anything contained in sub-section (3) :-
 
(i) in respect of the constitution of the Council for the first time under this Act, the members thereof shall be nominated by the State Government from amongst persons qualified to be or nominated as members of the respective class :
(ii) the members so nominated shall hold office for such period not exceeding three years in the aggregate as the State Government may, by notification in the Official Gazette, specify.
Constitution and incorporation of the Council
  4.
(1)
The State Government
Shall by notification in the Official Gazette publish the names of the members whether elected or nominated.
(2)
Save as otherwise provided by this Act, a member, whether elected or nominated, shall hold office for a term of five years from the date of publication of the notification under sub-section (1):

Provided that,where a person is elected by members of medical faculty of a University he shall cease to hold office as member if he ceases to belong to that faculty.

(3)
Save as otherwise provided by this Act, the President or the Vice-President shall hold office from the date of his election up to the day on which his term of office as member expires.
(4)
The term of office of an outgoing member shall, notwithstanding anything contained in sub-section (2), be deemed to extend to and expire with the day immediately preceding the day on which the names of the successor members are published under sub-section (1),
(5)
The term of office of an outgoing President or Vice-President shall, notwithstanding anything contained in sub-section (3),be deemed to extend to and expire with the day immediately preceding the day on which the successor President or Vice-President as the case may be, is elected.
(6)
An outgoing member, President or Vice-President shall be eligible for re-election or re-nomination.
(7)
Leave of absence may be granted by the Council to any member for a period not exceeding six months.
 
  5.
(1)
Any casual vacancy,previous to the expiry of the term, in the office of the President or the Vice-President or a member elected under clause (b),or (c), of sub-section 3, caused by reason,shall be filled by election :

Provided that any such vacancy in the office of an elected member occurring within six months prior to the date on which the of office of all the members expires, shall not be filled.

(2)
Any casual vacancy,previous to the expiry of the term in the office of a member nominated under clause (a) of sub-section (8) of section 3 shall be reported forthwith by the Registrar to the State Government, and shall as soon as possible thereafter be filled by the State Government by nomination.
(3)
Any person elected under sub-section (1) or nominated under sub-section (2) to fill a causal vacancy shall, notwithstanding anything contained in sub-section (8) of section 3 or section 4, hold office only so long as the person in whose place he is elected or nominated would have held office,if the vacancy had not occurred.
Casual vacancies
  6.
(1)
The President or the Vice-President may at any time resign his office by a notice in writing addressed to the Council and delivered to the Registrar. The resignation shall take effect from the date on the delivery of the notice, which ever event occurs earlier.
(2)
An elected member may at any time resign his office by a notice in writing addressed to the President. A nominated member may or any time resign his office by a notice in writing addressed to the State Government. Every such resignation shall take effect from the date on which it is accepted by the President or, as the case may be, the State government or on the expiry of sixty days from the date of the receipt of the notice, whichever event occurs earlier.
Resignation
  7.
(1)
A person shall be disqualified for being elected or nomination as, and for continuing as, a member,--
 
(a) if he is an undischarged insolvent :
(b) if he is of unsound mind and stands so declared by a competent court :
(c) if his name has been removed from the register and has not been re-entered therein : or
(d) if he is a whole-time officer or servant of the Council .
(2)
If any member absent himself from three consecutive meeting of the Council , without leave of the Council granted under sub-section 97) of section 4 or without such reasons as may, in the opinion of the Council,be sufficient the council may declare his seat vacant and take to fill the vacancy.
(3)
If any member absents himself from three consecutive meeting of the Council, without leave of the Council granted under sub-section (7) of section 4 or without such reasons as may, in the opinion of the Council, be sufficient the Council may declare his seat vacant and take to fill the vacancy .
(4)
If any member becomes or is found to be subject to any of the disqualifications mentioned in sub-section (1) the Council shall submit a report to the State Government, and the State Government if satisfied about the disqualification, shall declare his seat vacant.
Disqualification and disability
  8
(1)
The meeting of the Council shall be convened, held and conducted in such manner as may be prescribed.
(2)
The President, when present shall preside every meeting of the Council. If at any meeting the President is absent, the Vice-President and in the absence of both, some other member elected by the members present from amongst themselves, shall preside at such meeting .
(3)
All questions at a meeting of the Council shall be decided by majority of votes.
(4)
The presiding authority at a meeting shall have and exercise a second or casting Vote, in case of an equality of votes.
(5)
Six members including the President and the vice-President shall from a quorum.When a quorum is required but not present the presiding authority shall, after waiting for not less than twenty minutes for such quorum, adjourn the meeting to such hour on some future days as it may notify on the notice board at the office of the Council, and the business which would have been brought before the originated meeting had there been a quorum thereat, shall be brought before the adjournment thereof, whether there be a quorum present or not.
Meeting of Council
  9
(1)
The proceeding of the discussion of every meeting of the Council shall be treated as confidential, and no person shall, without the previous resolution of the Council, disclose any portion therof :

Provided that, nothing in this section shall deemed to prohibit any person from disclosing or publishing the text of any resolution adopted by the Council unless the Council directs such resolution also to be treated as confidential.

(2)
No disqualification of or defect in the election or nomination of any person as a member, or as the President, or as the Vice-President, or as a presiding authority of a meeting, shall of itself be deemed to vital any act or proceedings of persons who are parties to such act or proceedings,were entitled to vote.
(3)
During any vacancy in the Council, the continuing members may act, as if no vacancy had occurred :
Provided that, the number of vacancies shall at any time not exceed five
Proceedings of meetings and validity of acts
  10 Subject to such conditions as may be prescribed by or under the provisions of this Act, the powers, duties and functions of the Council shall be-
Powers, duties and functions of the council
   
(a) to maintain the register, and to provide for the registration of Medical practitioners;
(b) to hear and decide appeals from any decision of the Registrar ;
(c) to perscribe a code of ethics for regulating the professional conduct of practitioners ;
(d) to reprimand a practitioner, or to suspend or remove him from the register, or to take such other disciplinary action against him as may, in the opinion of the Council, be necessary or expedient ;
(e) to exercise such other powers, perform such duties and discharge such other functions, as are laid down in this Act, or as may be prescribed.
  11
(1) The council shall, as soon as may be, constitute an Executive Committee consisting of the President as ex-officio member and such number Of other members, elected by the Council from amongst its members, as may be prescribed.
(2) 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 shall be such as may be prescribed.
(3) In addition to the powers,duties and functions conferred, imposed and entrusted by this Act, the Executive Committee shall exercise such powers, perform such duties, and discharge such functions, of the Council as may be delegated to it by rules or entrusted to it, from time to time, by the Council.
(4) The President shall be the ex-officio Chairman of the Executive Committee.
 
  12
There shall be paid to the President, the Vice-President and other members of the Council, and to the members of its Executive Committee, such fees and allowances for attendance at meetings, and Such reasonable travelling allowance, as shall from time to time be prescribed
 
  13
(1) The income of the Council shall consist of-
 
(a) fees received from the practitioners,
(b) grants received from the State Government, if any, and
(c) any other sums received by the Council.
(2) It shall be competent for the Council to incur expenditure for the following purpose namely :-
 
(a) salaries and allowances of the Registrar and the staff maintained by the Council ;
(b) fees and allowances paid to the members of the Council and the Executive Committee ;
(c) remuneration paid to the assessors ; and
(d) such other expenses as are necessary for performing the duties and discharging the functions under this Act.
 
  14
(1) The council shall, with the previous sanction of the State Government appoint a Registrar.
(2) The Executive Committee may from time to time grant leave to the Registrar Provided that, if the period of leave dose not exceed one month, the leave may be granted by the President.
(3) During any temporary vacancy in the office of the Registrar due to leave or any other reason, the Executive Committee may, with the previous sanction of the State Government, appoint another person to act in his place, and any person so appointed shall,for the period of such appointment, be deemed to be the Registrar for the purpose of this Act :
Provided that, when the period of such vacancy dose not exceed one month, the appointment may be made by the President, who shall forthwith report such appointment to the Executive Committee, and the State Government.
(4) The Council may, with the previous sanction of the State Government, suspend, dismiss or remove any person appointed as the Registrar, or impose any other penalty upon him.
(5) Save as otherwise provided by this Act, the salary and allowances and other conditions of service of the registrar shall be such as may be prescribed.
(6) The Registrar shall be the Secretary and the Executive Officer of the Council. He shall attend all meeting of the Council and of its Executive committee, and shall keep minutes of the names of members present and of the proceedings at such meetings.
(7) The accounts of the Council shall be kept by the Registrar, in the prescribed manner.
(8) The Registrar shall have such supervisory powers over the staff as may be prescribed, and may perform such other duties and discharge such other functions as may be specified in this Act, or as may be prescribed.
(9) The Registrar shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
 
  15
(1) The Council may appoint such officers and servants, other than the Registrar, as it may deem necessary for performing its duties and discharging its functions under this Act :
Provided that, the number and designations of such officers and servants and their salaries and allowances shall be determined by the Council, with the previous sanction of the State Government.
(2) Notwithstanding anything contained in sub-section (1), but, subject to such financial limit as may be laid down in this behalf by the Council, it shall be competent for the Executive Committee to create temporary posts of clerks or servants and to make appointments thereto, to meet any temporary increase in work, or to carry out any work of a seasonal character.
(3) The other conditions of service of the officers and servants of the Council shall be such as may be prescribed.
(4) The officers and servants of the Council appointed under this section shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.