Chapter II CONSTITUTION OF THE COUNCIL

Establishment and incorporation of Council

1. (1) With effect from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established a Council to be called "the Arunachal Pradesh Medical Council".
2. (2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued.

Constitution of the Council

1. (1) The Council shall consist of the following members, namely:—
   • (a) four members to be nominated by the State Government, who have had medical experience of at least ten years;
   • (b) the Director of Health Services, Arunachal Pradesh, ex-officio;
   • (c) a representative of the Arunachal Pradesh Branch of the Indian Medical Association;
   • (d) one teacher from a Medical College in the State, if any, to be nominated by the State Government;
   • (e) four members to be elected by the registered practitioners from amongst themselves in such manner as may be prescribed.
2. (2) The President and the Vice-President of the Council shall be elected by the members of the Council from amongst themselves.
3. (3) The name of every person elected or nominated under this section shall be published by the State Government in the Official Gazette.

Nomination of members

1. (1) The State Government shall nominate five members to the Council from amongst the medical practitioners registered under this Act.
2. (2) The Director of Health Services, Arunachal Pradesh shall be the ex-officio member of the Council.

Publication of names of members

1. (1) The names of the members nominated under section 5 shall be published by the State Government in the Official Gazette.
2. (2) A member shall be deemed to have assumed office on the date of publication of his name in the Official Gazette under sub-section (1).

Term of office:

1. (1) Subject to the provisions of this Act, a member of the Council, other than an ex-officio member, shall hold office for a term of five years from the date of his election or nomination, as the case may be.
2. (2) An ex-officio member shall hold office so long as he holds the office by virtue of which he is a member of the Council.
3. (3) A member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
4. (4) A member whose term of office has expired shall be eligible for re-election or re-nomination.

Resignation of member:

1. (1) A member of the Council, other than an ex-officio member, may resign his office by giving notice in writing under his hand to the President of the Council.
2. (2) The resignation shall take effect from the date on which it is accepted by the Council and the vacancy so caused shall be filled in the manner provided in this Act.

Filling of casual vacancies

1. (1) A casual vacancy in the office of a member of the Council shall be filled by election or nomination, as the case may be, in the same manner as the original member was elected or nominated and the person so elected or nominated shall hold office for the unexpired term of his predecessor.
2. (2) No act of the Council shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Council.

Meeting of the Council

1. (1) The Council shall meet at least twice in each year at such time and place as may be appointed by the President.
2. (2) Notice of every meeting, whether annual or special, shall be dispatched to each member not less than fifteen days before the date of the meeting.
3. (3) One-third of the total number of members of the Council shall form a quorum for a meeting of the Council: Provided that if a meeting is adjourned for want of a quorum, the meeting shall be held on the same day in the following week at the same time and place and no quorum shall be necessary for such adjourned meeting.
4. (4) Every meeting shall be presided over by the President, or in his absence, by the Vice-President, or in the absence of both, by a member chosen by the members present at the meeting to preside for the occasion.
5. (5) All questions at a meeting of the Council shall be decided by the votes of the majority of the members present and voting.
6. (6) The President or the person presiding over a meeting shall have a second or casting vote in case of an equality of votes.

Power of Council to regulate its proceedings. -

1. (1) The Council shall make regulations for the conduct of its business, and the business of any of its committees, and for the manner of making decisions by the Council or for any of its committees.
2. (2) The Council may, subject to the provisions of this Act and the rules made thereunder, make regulations to provide for all or any of the following matters, namely: -
   • (a) the manner and time of convening meetings of the Council and of its committees;
   • (b) the quorum, the procedure at meetings and the conduct of business of the Council and its committees;
   • (c) the authentication of orders and other instruments of the Council;
   • (d) the period of notice for meetings;
   • (e) the time and place of meetings; and
   • (f) any other matter which is to be or may be prescribed by regulations. (3) Provided that the first regulations under this Act shall be made by the State Government and shall remain in force until they are amended or replaced by regulations made by the Council.