Chapter VIII Chapter VIII

Miscellaneous

Appeals to Government from decision of the Board.—

1. (1) An appeal shall lie to the Government from every decision of the Board under this Act, except a decision made by the Board as an appellate authority.
2. (2) Every appeal under sub-section
3. (1) shall be preferred within three months of the date of communication of such order.

Bar to suit and other legal proceedings.—

1. (1) No suit or other legal proceeding shall lie against the Government in respect of an act done in the exercise of the powers conferred by this Act.
2. (2) No suit, prosecution or other legal proceedings shall lie against the Board or any member or any officer or servant of the Board or any person acting under the direction of the Board or of the Chairman or of any officer or servant of the Board in respect of anything which is done in good faith or intended to be done in pursuance of this Act or of any rules or regulations made thereunder.

Control of Board by Government.—

1. (1) The Government may give such direction to the Board as it may deem fit and the Board shall comply with all such directions.
2. (2) If at any time, it shall appear to the Government that the Board has failed to exercise or has exceeded or abused power conferred upon it by or under this Act or has failed to perform a duty imposed upon it by or under this Act, the Government may, if it considers such failure, excess, or abuse to be of a serious character, notify the particulars thereof to the Board; and if the Board fails to remedy such default, excess or abuse within such time as may be fixed by the Government in this behalf, the Government may dissolve the Board and cause all or any of the powers and duties of the Board to be exercised and performed by such agency and for such period as it may think fit:

Court competent to try offences under this Act and take cognizance of offences Court competent to try offences under this Act and take cognizance of offences.—

1. (1) No court other than the court of a magistrate of the first class shall take cognizance of, or try an offence under this Act.
2. (2) No court shall take cognizance of any offence under this Act except on a complaint in writing of an officer empowered by rules made in this behalf.

Delegation of powers.— The Government or the Board may delegate such of its powers and to such authority as the Government or the Board, as the case may be, deem necessary.

Making of Regulations.—

1. (1) Subject to the provisions of this Act and the rules framed by the Government thereunder, the Board may with the previous approval of the Government frame regulations for regulating the following matters, namely:— (i)
   • (a) conditions on which a person may be registered under section 24 or an institution may be affiliated or recognized under section 29;
   • (b) the admission of students to the educational or instructional institutions affiliated to the Board;
   • (c) the conditions under which students shall be admitted to the degree or diploma or certificate course and to the examination of the Board and shall be eligible for degrees, diplomas and certificates;
   • (d) the conditions of residence of the student in the educational or instructional institutions affiliated to the Board and the levying of fees for such residence;
   • (e) the number, qualifications, emoluments of teachers of the educational or instructional institutions affiliated to the Board;
   • (f) the fees to be charged for courses of study in such institutions and for admission to the examinations, of degrees, diplomas and certificates of the Board;
   • (g) the conditions and mode of appointment and duties of examiners and the conduct of examinations: Provided that in framing regulations, the Board shall take into consideration the financial and other conditions of the institutions generally: (ii)
   • (a) the time and place at which the meeting shall be held;
   • (b) the issue of notices convening such meetings;
   • (c) the conduct of business thereat;
   • (d) the salary, allowances and other conditions of service of officers and servants of the Board other than the Registrar;
   • (e) all other matters which may be necessary for the purposes of carrying out the objects of the Act.
2. (2) All such regulations shall be published in the Official Gazette.
3. (3) The Government may, by notification in the Official Gazette, cancel or modify any regulation.

Rules.—

1. (1) The Government may, from time to time, make rules consistent with this Act to carry out the purposes of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, the Government may make rules for any of the following matters:—
   • (a) the time and place at which and the manner in which election shall be held under sub-section
3. (3) of section 3;
   • (b) regulation of election under this Act;
   • (c) the conduct of meetings and the maintenance of correct minutes of meetings of the Board;
   • (d) the manner in which vacancies shall be filled under section 8;
   • (e) the privileges, salary and allowances and other conditions of service of the Registrar;
   • (f) the account to be kept by the Board, the manner in which accounts shall be audited and published and the power of auditors in respect of disallowance and surcharge;
   • (g) the date before which a meeting shall be held for the sanction of the budget;
   • (h) the method and form to be adopted in the preparation of budget;
     • (i) the returns, statements and reports to be submitted by the Board;
   • (j) the form of the register of practitioners to be maintained under this Act and the classifications of practitioners into two or more classes according to their qualifications;
   • (k) fees chargeable under this Act and their application;
   • (l) the manner in which appeals against the decision of the Registrar shall be heard by the Board under section 24;
   • (m) allowances payable to members of the Board and its Chairman;
   • (n) the maintenance of patient register by practitioner in the prescribed form;
   • (o) the furtherance of any objects of the Board as a teaching or examining body;
   • (p) delegation of powers by the Government and by the Board; and
   • (q) the furtherance of any other objects of the Act.
4. (1) All such rules shall be published in the Official Gazette.