Chapter II Chapter II

(No Title Provided)

Establishment of Board.—

1. (1) The Government may, as soon as may be, by notification in the Official Gazette, establish a Board to be called the Goa Board of Indian system of medicines and homoeopathy. The Board shall be a body corporate and shall have perpetual succession and a common seal and may by the said name sue and be sued.
2. (2) The Board shall consist of nine members and shall be constituted in the following manner, namely:—
   • (a) Six members who have put in at least 5 years practice in Indian system of medicine and homoeopathy, elected by the registered practitioners from amongst themselves.
   • (b) One practitioner nominated by the Government.
   • (c) One member from the public having interest in homoeopathy nominated by the Government; and
   • (d) The Director or a Deputy Director of the Directorate of Health Services of Goa, nominated by the Government.
   • (e) The election of members referred to in clause
   • (a) of sub-section
3. (2) shall be held at such time and at such place and in such manner as may be prescribed.

Chairman and Vice-Chairman.— The Government shall nominate any member of the Board as Chairman of the Board and the Vice-Chairman of the Board shall be elected by the members from amongst themselves.

Term of Office.— The term of office of a member shall be two years from the date

of election or nomination as a member. The Government, may however, from time to time, by notification in the Official Gazette, extend this term by such period not exceeding two years in the aggregate, as may be specified in the notification.

All members of the Board to be constituted first shall be nominated by the Government.— Notwithstanding anything contained in this Chapter, all members of the

Resignation Resignation.— The Vice-Chairman or any member may at any time resign his office by a letter addressed to the Chairman of the Board.

Filling of casual vacancies of Chairman, Vice-Chairman or a member Filling of casual vacancies of Chairman, Vice-Chairman or a member.— If the Chairman or Vice-Chairman or a member of the Board dies or resigns or due to any cause, whatsoever, ceases to be Chairman or Vice-Chairman or a member, the vacancy so created shall be filled by fresh nomination or election, as the case may be, within such period as may be prescribed and the person so nominated or elected shall hold office for the remainder of the term of the office of the Chairman, Vice-Chairman or member, as the case may be, in whose place he has been so nominated or elected.

Removal of member.—

1. (1) If any member, during the period for which he has been nominated or elected,—
   • (a) absents himself without sufficient cause from three consecutive ordinary meetings of the Board; or
   • (b) becomes subject to any of the disqualifications mentioned in section 10 of this Act; or
   • (c) being a legal practitioner, appears in any suit or proceedings, civil or criminal, against the Board; or
   • (d) obtains any employment under the Board or has without the previous sanction of the Government, acquired, directly or indirectly, by himself or by a partner, any share or interest in any contract with, by or on behalf of the Board; or
   • (e) has so frequently abused in any manner his position as such member as to render his continuance detrimental to the interest of the Board; the Government may remove him from membership: Provided that when the Government proposes to take action under the foregoing provisions of this section, an opportunity of being heard shall be given to the member concerned, and when such action is taken, the reason therefor shall be placed on record.
2. (2) The decision of the Government under this section shall not be questioned in any Court of law.

Disqualification of Membership.— Any person,—

1. (a) who is an undischarged insolvent; or
2. (b) who has been adjudged to be of unsound mind by a competent authority; or
3. (c) who has been convicted of an offence involving moral turpitude which, in the opinion of the Government, renders him unfit to be member of the Board; or
4. (d) whose name has been removed from the register under section 26 of this Act; shall not be eligible for being elected or nominated or for continuing to be a member of the Board.

Duties of Chairman.— Unless provided otherwise by this Act or prevented by reasonable cause, it shall be the duty of the Chairman,

1. (i) to convene and preside over all meetings of the Board;
2. (ii) otherwise to control in accordance with any regulations to be made in this behalf, the transaction of business at all meetings of the Board;
3. (iii) to perform such other duties as are required or imposed on him by or under this

Delegation by Chairman of his powers and duties to the Vice-Chairman Delegation by Chairman of his powers and duties to the Vice-Chairman.— (1) The Chairman may empower, by general or special order, the Vice-Chairman to exercise under his control any one or more of his powers, duties or functions.

1. (2) An order by the Chairman under sub-section
2. (1) may specify any condition and impose any restriction in respect of the exercise of any such power or, the performance of any duty or the discharge of any function.
3. (3) In particular, such order may specify the condition that any order by a Vice- -Chairman in the exercise of a power conferred on him by sub-section (1), shall be liable to rescission or revision by the Chairman upon appeal to the Chairman within a specified time.

Duties of Vice-Chairman.— The Vice-Chairman shall,—

1. (a) in the absence of the Chairman from a meeting of the Board and unless prevented by reasonable cause, preside, regulate the conduct of business of the meeting of the Board and maintain and enforce order at the meeting.
2. (b) during the vacancy in the office of Chairman or the incapacity or temporary absence of the Chairman, perform any other duty or power of the Chairman;
3. (c) at any time perform any duty and exercise, when occasion arises, any power delegated to him by the Chairman under section 12 of this Act.

Nomination of members in default of election.— If the registered practitioners fail by such date as may be prescribed, to elect the requisite number of members of the Board or to fill up any vacancy on the Board, the Government may fill up such vacancies or vacancy by nomination of persons or person qualified to be elected.

Notification of election, nominations of vacancies.— Every nomination or election of any vacancy in the office of the Chairman, the Vice-Chairman, or a member of the Board shall be notified in the Official Gazette.

Payment of allowance to members.— Members of the Board may be paid out of the funds of the Board and such travelling and daily allowances, not exceeding those payable to grade 1 Government servants, as may be prescribed.