Chapter II ESTABLISHMENT OF THE DELHI BHARATIYA CHIKITSA PARISHAD

(1) With effect from such date as the Government may; by notification in the official Gazette notify, there shall be constituted for the purposes of this Act a Parishad to be called "The Delhi Bharatiya Chikitsa Parishad". (2) The Parishad shall be a body corporate having perpetual succession and a common seal, with power to acquire, hold and dispose of property, whether movable or immovable, and to contract and to do all things necessary for the purposes of this Act, and may by the name aforesaid sue or be sued. (3) The Parishad shall consist of twenty one members residing in Delhi and registered with the Parishad. Of these there shall be eleven nominated members and ten elected members comprising the following, namely- (a) (i) the Director, Indian Systems of Medicine: (ii) three Principals/Professors of Teaching Institutions imparting education in Bharatiya Chikitsa and to be nominated by the Government; (iii) one representative from the Central Council; (iv) six prominent Vaidyas/hakims to be nominated by the Government; (b) Ten members residing in Delhi, holding a recognised qualification and registered with the Parishad to be elected by the registered practitioners from amongst themselves. (4) The President and the Vice President of the Parishad shall be elected by the members from amongst themselves in the first meeting of the Parishad. (5) Save as otherwise provided, the ten seats of members under clause (b) of sub-section (3), shall be distributed proportionately to their members, as counted on the prescribed date before the election, between those registered practitioners who follow the Ayurvedic or the Unani Systems of Medicine as the case may be.

(1) The election of practitioners entitled to be members of the Parishad under clause (b) of sub-section (3) of section 3, shall be held at such time and place and in such manner as may be prescribed by rules and where any dispute arises regarding any such election, it shall be referred to the Government, whose decision shall be final. (2) Where any dispute arises regarding any election of a member or of the President or Vice-President, it shall be referred to the Government, and the decision of the Government shall be final.

The term of office of elected and nominated members shall be for a period of five years commencing from the date on which the first meeting of the Parishad is held after the members are elected under sub-section (3) of section 3. Provided that a member who is nominated by virtue of his office shall continue to be a member of the Parishad so long as he continues to hold office by virtue of which he is nominated to the Parishad.

(1) A casual vacancy in the office of the President, or the Vice-President or a member elected under clause (b) of sub-section (3) of section 3 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 term of office of all the members expires, shall not be filled. (2) A casual vacancy in the office of a member nominated under clause (a) of sub-section (3) section 3 of that section shall be reported forthwith by the Registrar to the Government., and shall, as soon as possible thereafter, be filled by the Government by nomination. (3) Any person elected under clause (b) or nominated under clause (a) of sub-section (3) of section 3 to fill a casual vacancy shall, hold office only so long as the person in whose place he may be elected or nominated, as the case may be, would have held office, if the vacancy had not occurred.

Any member may at any time, resign his office by a letter addressed to the President. Such resignation shall take effect from the date on which it is accepted by the Parishad. Provided that the President shall address his resignation to the Vice-President.

If any member during the period for which he has been nominated or elected- (a) absents himself without such reasons as may, in the opinion of the Parishad be sufficient from three consecutive ordinary meetings of the Parishad; or (b) becomes subject to any of the disqualifications mentioned in section 9, the Parishad shall declare his office to be vacant.

(1) A person shall be disqualified for being elected or nominated as, and for continuing as, a member- (a) if he is an undischarged insolvent; or (b) if he has been adjudicated by a Competent Court to be of unsound mind; or (c) if he is found guilty of professional misconduct and of contravening the code of medical ethics; or (d) if he is a whole time officer or servant of the Parishad; or (e) if he has been convicted for an offence involving moral turpitude; or (f) if his name has been removed from the register: (2) If any member becomes, or is found to be, subject to any of the disqualifications mentioned in sub-section (1), the Parishad shall submit a report to the Government and the Government, if satisfied about the disqualification, shall declare his seat vacant.

Subject to such conditions as may be prescribed by or under the provisions of this Act, the powers, duties and functions of the Parishad shall be - (a) to maintain the register, and to provide for the registration of medical practitioners; (b) to hear and decide appeals against any decision of the Registrar; (c) to prescribe a code of ethics for regulating the professional conduct of the practitioners; (d) to reprimand a practitioner, or to suspend or remove his name from the register, or to take such other disciplinary action against him as may, in the opinion of the Parishad, be necessary or expedient; (e) to exercise such other powers, perform such other duties and discharge such other functions, as are laid down in this Act, or as may be prescribed; (f) to receive complaints from public (including patients and their relatives) against misconduct or negligence by a medical practitioner, to proceed for inquest, take a decision on the merits of the case and to initiate disciplinary action or award compensation and similarly to take action against frivolous complaints; (g) to provide protection to its members in discharging professional duties; (h) to ensure that no unqualified person practises Bharatiya Chikitsa (Indian Systems of Medicine).

(1) The Parishad shall, as soon as may be, constitute an Executive Committee consisting of the President as ex-officio member, and such other member (number not exceeding six), elected by the Parishad from among 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 Parishad as may be delegated to it by rules or entrusted to it from time to time, by the Parishad. (4) The President shall be the ex-officio Chairman of the Executive Committee.

There shall be paid to the President, the Vice President and other members of the Parishad, and to the members of its Executive Committee, such fees and allowances for attendance at meetings, and such travelling allowance, as shall from time to time be prescribed.

No disqualification of or defect in the election or nomination of any person acting as a member of the Parishad as the President or presiding authority of a meeting shall be deemed to vitiate any action and or proceedings of the Parishad, in which such person has taken part.

The Parishad shall meet at such time and place and every meeting of the Parishad shall be summoned in such manner as may be prescribed by regulations. Provided that until such regulations are made, it shall be lawful for the President to summon a meeting of the Parishad at such time and place as he may deem expedient, by letter addressed to each member.

(1) The President, when present, shall preside at every meeting of the Parishad. 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. (2) All issues on a meeting of the Parishad shall be decided by a majority of members present and voting. (3) Eight members (including the President and Vice-President) shall form a quorum. When a quorum is required but not present, the presiding authority shall, after waiting for not less than thirty minutes for such quorum, adjourn the meeting to such hour or some future day as it may notify on the notice board at the office of the Parishad; and the business which would have been brought before the original meeting had there been a quorum thereat, shall be brought before the adjourned meeting, and may be disposed of at such meeting or any subsequent adjournment thereof, whether there be a quorum present, or not. (4) At every meeting of the Parishad the President, for the time being, shall, in addition to his vote as a member of the Parishad, have a second or casting vote in case of equality of votes.

(1) (a) The Parishad shall, with the previous sanction of the Government appoint a Registrar who shall be a qualified graduate of the Bharatiya Chikitsa (Indian System of Medicine). The Registrar shall be the Secretary and who may also, if deemed expedient, act as Treasurer. (b) The Parishad may also employ such other persons as may be approved by the Government and possess the qualification prescribed by regulations to carry out the purposes of this Act. (2) The Executive Committee may, from time to time, grant leave to the Registrar. Provided that, if the period of leave does 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 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 does not exceed one month, the appointment may be made by the President, who shall forthwith report such appointment to the Executive Committee, and the Government. (4) The Parishad may, with the previous sanction of the Government, suspend, dismiss or remove any person appointed as the Registrar or impose any other penalty upon him in the manner as may be prescribed. (5) Save as otherwise provided by this Act, the salary and allowances and other conditions of service of the Registrar and employees of the Parishad shall be such as may be approved by the Government. (6) The Registrar shall be the Secretary and the Executive Officer of the Parishad. He shall attend all meetings of the Parishad and of its Executive Committee, and shall keep minutes of the meetings and names of members present and of the proceedings of such meetings. (7) The accounts of the Parishad 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 and employees of the Parishad shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860). (10) The Parishad shall adopt the Central Civil Services Rules mutatis mutandis.