Chapter III ESTABLISHMENT AND CONSTITUTION OF GUJARAT EMERGENCY MEDICAL SERVICES AUTHORITY

1. (1) For the purpose of providing emergency medical services in the State, the State Government shall, by notification in the Official Gazette, establish an Authority by the name of the Gujarat Emergency Medical Services Authority with effect from such date as may be specified in the notification.
2. (2) The Authority shall be a body corporate with perpetual succession and common seal and may sue or be sued in its corporate name and shall, subject to the provisions of this Act, be competent to acquire, hold or dispose of property, both movable and immovable, and to contract and do all things necessary for the purposes of this Act.

The headquarters of the Authority shall be at Ahmedabad or at such other place as the State Government may, by notification in the Official Gazette, specify.

1. (1) The Authority shall consist of a Chairperson and seventeen other members as follows, namely :-
   • (a) the Secretary to the Government of Gujarat, Health and Family Welfare Department, ex-officio Chairperson;
   • (b) the Secretary to the Government of Gujarat, Legal Department, ex-officio;
   • (c) the Secretary to the Government of Gujarat, Home Department, ex-officio;
   • (d) the Commissioner of Health, Medical Services and Medical Education, ex-officio;
   • (e) a person who is a physician or surgeon enrolled on the State Medical Register and who possesses the medical qualification of Doctor of Medicine or, as the case may be, Master of Surgery granted by Universities or Medical Institutions in India specified in the First Schedule to the Medical Council Act, 1956 and possesses experience in the practice of trauma or emergency medicine for a period of not less than five years, to be appointed by the State Government,
   • (f) the President of the Gujarat Branch of Indian Medical Association, ex-officio,
   • (g) the President of the Gujarat Orthopedic Association, ex-officio,
   • (h) the Director, ex-officio, Member Secretary,
     • (i) the President of the Gujarat Nursing Council, ex-officio,
   • (j) a person, representing the Academy of Traumatology (India) who has experience in trauma life support, to be nominated by the Academy,
   • (k) the President of the Gujarat Ambulances Association, ex-officio,
   • (l) a person from amongst professors in the medical colleges attached to hospitals in the State who have experience in the management of emergency medical services for a period of not less than five years to be nominated by the State Government,
   • (m) the President of the Gujarat Branch of Association of Surgeons of India, ex-officio,
   • (n) a person who being enrolled on the State Medical Register is an administrator of a hospital (not being a Government hospital) having not less than one hundred beds for a period of not less than five years, to be appointed by the State Government,
   • (o) a person to be nominated by the State Government from amongst members of City Councils,
   • (p) a person, to be nominated by the State Government from amongst members of District Councils,
   • (q) a person to be nominated by the State Government from amongst the Chief Officers of the Fire Brigades maintained by the Municipal Corporations in the State,
   • (r) the Chief Executive Officer of the Gujarat State Disaster Management Authority established under the Gujarat State Disaster Management Act, 2003, ex-officio,
2. (2) On the constitution of the Authority, there shall be called the first meeting thereof for election of its Chairperson on such day as the Director may specify.

1. (1) The term of office of a member shall be three years from the date of his appointment or nomination: Provided that the term of office of a member nominated under clause (l), (n), (o),
   • (p) or
   • (q) of sub-section
2. (1) of section 6 shall come to an end as soon as he ceases to be a professor, administrator, member or, as the case may be, the Chief Officer.
3. (2) The term of office of an ex-officio member shall continue so long as he holds the office by virtue of which he is such a member.
4. (3) A member shall not be entitled to receive any compensation for his services but shall be reimbursed for the travelling and other expenses incurred by him in discharge of his duties.

On occurrence of any vacancy in the office of the member due to death, resignation or any other reason, the same shall be filled in by the State Government by nominating a person in the manner provided in sub-section

1. (1) of section 6.

A person shall be disqualified for being appointed or being a member of the Authority if such person—

1. (a) is, or at any time being adjudged an insolvent or has suspended payment of his debts or has compounded with his creditors;
2. (b) is of unsound mind and stands so declared by the competent court;
3. (c) is or has been convicted of any offence which, in the opinion of the State Government, involves moral turpitude; or
4. (d) has, either directly or indirectly, any financial or other interest which is likely to affect prejudicially his functioning as a member.

1. (1) Notwithstanding anything contained in sub-section
2. (1) of section 7, the State Government may, at any time, remove any member from office if, in its opinion, such a member—
   • (a) is, or has become subject to any of the disqualifications mentioned in section 9;
   • (b) has been guilty of misconduct in discharge of his duties;
   • (c) has become physically or mentally incapable of discharging his duties as a member;
   • (d) has so abused his position as to render his continuance in office prejudicial to the public interest; or
   • (e) has, without reasonable cause, refused or failed to perform his duties for a period of not less than three months: Provided that no member shall be removed from his office unless an opportunity of being heard is given to the member.
3. (2) Any member may, by writing under his hand addressed to the State Government, resign his office.

1. (1) The Authority shall meet at such time and at such place and shall, subject to sub-sections
2. (2) and (3), observe such rules of procedure with regard to transaction of its business at the meetings as may be provided by Regulations.
3. (2) If the Chairperson, for any reason, is unable to attend any meeting, any other member authorised by the Chairperson present at the meeting, shall preside over the meeting of the Authority. (3)
   • (a) All the questions at a meeting of the Authority shall be decided by a majority of votes of the members present and voting, and in case when there is an equality of votes the chairperson or in his absence, the person presiding, shall have and exercise a second or casting vote.
   • (b) The quorum at the meetings of the Authority shall not be less than five members.

1. (1) The Authority, in order to enable it to perform its functions, may—
   • (a) with the approval of the State Government—
     • (i) appoint a Secretary and
     • (ii) determine such number and category of other officers and employees, and
   • (b) appoint other officers and employees so determined.
2. (2) The manner of recruitment of, the salary and allowances payable to, and other conditions of service of the Secretary, officers and other employees, shall be such, as may be determined by the Authority by Regulations.

1. (1) No act or proceeding of the Authority shall be questioned or be invalid on the ground merely of the existence of any vacancy in, or any defect in the constitution of the Authority.
2. (2) No act done by any person acting in good faith as a member, shall be deemed to be invalid merely on the ground that he was disqualified to be a member or that there was any other defect in his appointment.