Chapter II CONSTITUTION AND COMPOSITION OF THE COUNCIL

(1) As soon as may be, after the commencement of this Act, the Government shall, by notification, establish a Council called Andhra Pradesh Medical Council which shall be a body corporate having perpetual succession and a common seal and shall by its name, sue and be sued. (2) The Council shall consist of the following members, namely:— 3[(a) two members to be elected in the prescribed manner by the members of the Executive Council of the University of Health Sciences in the State from amongst the persons holding any degree in modern medicine;] (b) 4[thirteen members] to be elected in the prescribed manner . Clause inserted by Act 10 of 2013, section 2. . Clause inserted by Act 10 of 2013, section 2. . Clause substituted by Act 28 of 1986, section 2. . Substituted by Act 10 of 2013, section 3. by the registered practitioners from amongst themselves; (c) 1[six members] to be nominated by the Government of whom two shall be from amongst such members of the teaching staff of the medical colleges in the State as are registered practitioners; 2[(d) The Director of Medical Education, the Director of Health and Family Welfare, the Commissioner, Andhra Pradesh Viaidya Vidhana Parishad and Vice- Chancellor, Dr. NTR University of Health Sciences, A.P., and any other officer to be nominated by the Government,ex-officio.] (3) No person shall be eligible for election or nomination under sub-section (2) unless he has been ordinarily resident in the State for not less than five years immediately before the date of election or nomination, as the case may be. (4) In making nominations under clause (c) of sub-section (2), the Government shall have due regard to the claims of women, of the members of the scheduled castes, of medical missions of practitioners in the service of recognised philanthropic institutions and of other groups of practitioners whose representatives have not been elected under clause (a) or clause (b) of sub-section (2). (5) No person shall be a member of the Council in more than one of the categories specified in sub-section (2).

1. (2) The Council shall consist of the following members, namely:— 3[(a) two members to be elected in the prescribed manner by the members of the Executive Council of the University of Health Sciences in the State from amongst the persons holding any degree in modern medicine;] (b) 4[thirteen members] to be elected in the prescribed manner . Clause inserted by Act 10 of 2013, section 2. . Clause inserted by Act 10 of 2013, section 2. . Clause substituted by Act 28 of 1986, section 2. . Substituted by Act 10 of 2013, section 3. by the registered practitioners from amongst themselves; (c) 1[six members] to be nominated by the Government of whom two shall be from amongst such members of the teaching staff of the medical colleges in the State as are registered practitioners; 2[(d) The Director of Medical Education, the Director of Health and Family Welfare, the Commissioner, Andhra Pradesh Viaidya Vidhana Parishad and Vice- Chancellor, Dr. NTR University of Health Sciences, A.P., and any other officer to be nominated by the Government,ex-officio.]
2. (3) No person shall be eligible for election or nomination under sub-section (2) unless he has been ordinarily resident in the State for not less than five years immediately before the date of election or nomination, as the case may be.
3. (4) In making nominations under clause (c) of sub-section (2), the Government shall have due regard to the claims of women, of the members of the scheduled castes, of medical missions of practitioners in the service of recognised philanthropic institutions and of other groups of practitioners whose representatives have not been elected under clause (a) or clause (b) of sub-section (2).
4. (5) No person shall be a member of the Council in more than one of the categories specified in sub-section (2).

nominated member of the Council shall hold office for a term of five years from the date of his election or nomination and shall be eligible for re-election or re- nomination, as the case may be.

1. (1) The Council shall elect in the prescribed manner from amongst its members a Chairman who shall, unless he ceases to be a member of the Council earlier, hold office for a period of two years from the date of his election as Chairman and shall be eligible for re-election: Provided that for a period of two years from the date of the first constitution of the Council under this Act, 3[one of the ex-officio members referred to in clause (d) of sub-section (2) of section 3 nominated by the Government], shall be the Chairman of the Council. (2)The Council shall elect in the prescribed manner, from amongst its members, a Vice-Chairman who shall, unless he ceases to be a . Substituted by Act 10 of 2013, section 3. . Clause substituted by Act 10 of 2013, section 3. . Substituted by Act 28 of 1986, section 3. member of the Council earlier, hold office for a period of one year from the date of his election and shall be eligible for re-election. (3)When the office of the Chairman is vacant or in the absence of the Chairman from any meeting, the Vice-Chairman shall perform the functions of the Chairman. (4)In the absence of the Chairman and the Vice-Chairman a meeting of the Council may be presided over by a member elected by the majority of the members present at the meeting.

the prescribed manner from amongst its members a Chairman who shall, unless he ceases to be a member of the Council earlier, hold office for a period of two years from the date of his election as Chairman and shall be eligible for re-election: Provided that for a period of two years from the date of the first constitution of the Council under this Act,

3[one of the ex-officio members referred to in clause (d) of sub-section (2) of section 3 nominated by the Government], shall be the Chairman of the Council. (2)The Council shall elect in the prescribed manner, from amongst its members, a Vice-Chairman who shall, unless he ceases to be a . Substituted by Act 10 of 2013, section 3. . Clause substituted by Act 10 of 2013, section 3. . Substituted by Act 28 of 1986, section 3.

member of the Council earlier, hold office for a period of one year from the date of his election and shall be eligible for re-election. (3)When the office of the Chairman is vacant or in the absence of the Chairman from any meeting, the Vice-Chairman shall perform the functions of the Chairman. (4)In the absence of the Chairman and the Vice-Chairman a meeting of the Council may be presided over by a member elected by the majority of the members present at the meeting.

become a member of the Council, if such person on the date of his election or nomination to the Council—

1. (a) was sentenced by a criminal court for an offence involving moral turpitude, such sentence not having been reversed or the offence pardoned and a period of five years has not elapsed from the date of the expiration of such sentence;
2. (b) is of unsound mind and stands so declared by a competent court, a deaf, mute or a leper;
3. (c) is an applicant to be adjudicated as an insolvent or an un discharged insolvent;
4. (d) is interested in a subsisting contract made with, or any work being done for, the Council except as a shareholder, other than a director, in a company, or except as may be prescribed; or
5. (e) is an officer or servant of the Council.

Council shall cease to hold office if he – (a)is or becomes subject to any of the disqualifications specified in section 6; (b)absents himself without excuse sufficient in the opinion of the Council, from three consecutive meetings of the Council; (c)is absent out of India for six consecutive months without excuse sufficient in the opinion of the Council; (d)ceases to be a registered practitioner; (e)ceases to hold the office by virtue of which he has been elected or nominated as a member of the Council under section 3.

Chairman may resign his office by giving notice in writing to the Council and the Vice-Chairman or any member of the Council may resign his office by giving notice in writing to the Chairman. Except in a case where the person resigning delivers the notice of resignation personally to the Registrar, the Registrar shall, on receipt of a notice of resignation, obtain confirmation in

writing from the person concerned as to its genuineness. A resignation delivered personally or confirmed as aforesaid shall take effect on and from the date on which the notice was received.

elected or nominated member of the Council before the expiration of his term shall be filled by election or nomination, as the case may be, of another person in the manner provided in section 3 and the person so elected or nominated shall hold office for the residue of the term of his predecessor.

Act, no business shall be transacted at a meeting of the Council unless at least seven members are present. All questions that may come before the Council shall be decided by a majority of the members present and voting. In the case of equality of votes, the member presiding at the meeting shall have and exercise a second or casting vote.

1. (2) The Council shall, for the disposal of the business, meet as often as is necessary but not less than twice in each year after giving such notice to the members, as may be prescribed. CHAPTER - III EXECUTIVE COMMITTEE AND ITS POWERS

1. (1) There shall be an Executive Committee of the Council consisting of the Chairman and Vice-Chairman, ex-officio, and three other members who shall be elected every year by the Council from among its members at its first meeting held in that year. (2)(a) Every member of the Executive Committee so elected shall hold office as such until the next annual election. (b)If any casual vacancy occurs before such election, the Executive Committee shall fill that vacancy by electing a member : Provided that if before the vacancy is so filled, a meeting of the Council has been called, the vacancy shall be filled by the Council by electing a member of the Council. (c)A member of the Executive Committee elected to fill a casual vacancy shall hold office as such only until the next annual election. (3)The Chairman and the Vice-Chairman of the Council shall be the Chairman and the Vice-Chairman respectively of the Executive Committee. (4)The Council may delegate any of its powers and duties to the Executive Committee subject to such conditions as it deems fit to impose. (5)The Council may cancel any delegation made under sub-section (4). (6)No business shall be transacted at a meeting of the Executive Committee unless at least three members thereof are present. (7)All questions that may come before the Executive Committee shall be decided by a majority of the members present and voting. In the case of equality of votes, the Chairman, Vice-Chairman or any member presiding at the meeting shall have and exercise a second or casting vote.

the Council consisting of the Chairman and Vice-Chairman, ex-officio, and three other members who shall be elected every year by the Council from among its members at its first meeting held in that year. (2)(a) Every member of the Executive Committee so elected shall hold office as such until the next annual election. (b)If any casual vacancy occurs before such election, the Executive Committee shall fill that vacancy by electing a member : Provided that if before the vacancy is so filled, a meeting of the Council has been called, the vacancy shall be filled by the Council by electing a member of the Council. (c)A member of the Executive Committee elected to fill a casual vacancy shall hold office as such only until the next annual election. (3)The Chairman and the Vice-Chairman of the Council shall be the Chairman and the Vice-Chairman respectively of the Executive Committee. (4)The Council may delegate any of its powers and duties to the Executive Committee subject to such conditions as it deems fit to impose. (5)The Council may cancel any delegation made under sub-section (4). (6)No business shall be transacted at a meeting of the Executive

Committee unless at least three members thereof are present. (7)All questions that may come before the Executive Committee shall be decided by a majority of the members present and voting. In the case of equality of votes, the Chairman, Vice-Chairman or any member presiding at the meeting shall have and exercise a second or casting vote.