Chapter II CONSTITUTION, FUNCTIONS AND POWERS OF THE BOARD.

(1) With effect from such date as the State Government may, by notification in, the Official Gazette, notify there shall be established for the purposes of this Act, a Board to be called "The Gujarat Board of Ayurvedic and Unani Systems of Medicine". The Board shall be a body corporate and have perpetual succession and a common seal, and may by the said name sue and be sued, and shall be competent to acquire and hold property, both moveable and immoveable, and to contract and do all things necessary for the purposes of this Act. (2) The Board shall consist of eleven members including the President, and shall be constituted in the following manner, namely :— (a) four members shall be nominated by the State Government, out of whom at least three shall be registered practitioners ; (b) seven members shall be elected by the registered practitioners as follows, that is to say, — (i) three members shall be elected by registered practitioners who hold any of the recognised qualifications, from amongst themselves, and (ii) four members shall be elected by the remaining registered practitioners, from amongst themselves : Provided that, at the end of the expiration of every five years from the date of commencement of this Act, the State Government may, by order, so divide the number of members to be elected under paragraphs (i) and (ii) amongst the registered practitioners who hold any of the recognised qualification, and the remaining registered practitioners, as to be as near as possible in proportion to their numbers on the register at that time, so however that the total number of members elected under paragraphs (i) and (ii) shall remain seven : Provided further that, any such order shall not affect the constitution of the Board which may be functioning at such time but shall apply to the Board to be constituted next thereafter. (3) If at any election, the electors fail to elect the requisite number of members to the Board, the State Government shall nominate such registered practitioners as it deems fit, to fill the vacancies which remain unfilled after the election, and the practitioners so nominated shall be deemed to have been duly elected under sub-section (2). (4) The President of the Board shall be elected by the members from amongst themselves. (5) The election of members of the Board under this section shall be held at such time, and at such place, and in such manner as may be prescribed. (6) Notwithstanding anything contained in the foregoing provisions of this section,— (i) in respect of the constitution of the Board for the first time under this Act, the President and members thereof shall be nominated by the State Government ; (ii) the President and other members so nominated shall hold office for such period not exceeding three years in the aggregate as the State Government may, by notification in the Official Gazette, specify.

(1) The State Government shall, as soon as possible after the election held under section 3, by notification in the Official Gazette, publish the names of the President, and the members of the Board. (2) Except in the case of the constitution of the Board for the first time, the President shall hold office for such period as the State Government may specify in the notification published under sub-section (1), provided that, such period shall not exceed the term of office of such President or Chairman as a member under sub-section (3). The term shall commence from the date of the notification published under sub-section (1), (3) Except in the case of the constitution of the Board for the first time (a) Subject to the provision of clause (b), the term of office of a member of the Board shall be a period of five years commencing from the date of the notification published under sub-section (1); (b) the members nominated under clause (a) of sub-section (2) of section 3 shall hold office during the pleasure of the state Government. (4) Notwithstanding anything contained in sub-section (3), the State Government may, by notification in the Official Gazette, extend from time to time the term of office of the members of the Board for a further period not exceeding two years in the aggregate. (5) The term of an outgoing President, or member shall, notwithstanding anything contained in sub-section (6) of section 3, and sub-sections (2) and (3) of this section be deemed to extend to, and expire with, the day immediately preceding the day on which the name of the successor of such President, or member is published under sub-section (1). (6) An outgoing member shall be eligible for re-election or re-nomination.

(1) Any casual vacancy, previous to the expiry of the term in the office of the President or a member nominated by the State Government due to his death, resignation, removal, disability or disqualification or any other reason, shall be filled by nomination by the State Government. (2) Any such vacancy in the office of a member of the Board elected by registered practitioners, shall be filled by the State Government by nomination of a person from a panel of three registered practitioners recommended by the Board : Provided that if the Board fails to make a recommendation under this sub-section, within such time as the State Government may fix, the State Government may appoint any registered practitioner to fill the vacancy. (3) * * ]. (4) Any person nominated under sub-section (1) or (2) to fill a vacancy shall, notwithstanding anything contained in section 5, hold office only so long as the person in whose place he is nominated or elected would have held office, had the vacancy not occurred.

(1) An elected member may at any time resign his office by notice in writing to the President. A nominated member may at any time resign his office by a notice in writing to the State Government. Such resignation shall take effect from the date on which the resignation is accepted by the President or the State Government, as the case may be. (2) The President may at any time resign his office by a notice in writing to the State Government. The resignation shall take effect from the date on which such resignation is accepted by the State Government.

(1) No person — (a) who is an undischarged insolvent; (b) who has been adjudged to be of unsound mind by a competent court; (c) whose name has been removed from the register; or (d) who is a full time officer or servant of the Board, shall be eligible to be elected or nominated or to continue as a member. (2) If any member — (a) absent himself from three consecutive meetings of the Board without such reasons as may, in the opinion of the State Government, in the case of the President, and in the opinion of the Board, in the case of any other member thereof, be sufficient; or (b) becomes or is found to be, subject to any of the disqualifications specified in sub-section (1), the State Government shall declare his office to be vacant. (3) The State Government may, on the recommendation of the Board, supported by at least two-thirds of the total number of members of the Board, remove from office as a member any member elected or nominated under this Act, if such member has been guilty of. misconduct in the discharge of his duties as a member, or of any disgraceful conduct, or has become incapable of performing his duties as a member : Provided that, no resolution recommending the removal of any member shall be passed by the Board unless the member to whom it relates has been given a reasonable opportunity of showing cause why such recommention should not be made. (4) The State Government may remove from office the President if he has been guilty of misconduct in the discharge of his duties under this Act, or of any disgraceful conduct, or has become incapable of performing his duties as the President : Provided that, no such action shall be taken unless the President is given a reasonable opportunity of showing cause why he should not be removed from office.

(1) The meetings of the Board shall be convened, held and conducted in the prescribed manner. (2) The President shall preside at meetings of the Board. If the President, be absent, the members present at the meeting shall elect from amongst themselves one member to preside at the meeting. (3) All questions at a meeting of the Board shall be decided by a majority of the votes of the members present and voting at the meeting. (4) The presiding authority at a meeting shall have and exercise a second or a casting vote in the case of an equality of votes. (5) Five members of the Board including the President, shall form a quorum. When a quorum is required but not present, the presiding authority shall, after waiting for not less than twenty minutes for such quorum, adjourn the meeting to such hour on some future day as he may notify on the notice board at the office of the Board and the business which would have been brought before the original meeting had there been a quorum thereat, shall be brought before the adjorned meeting, and may be disposed of at such meeting or any subsequent adjournment thereof, whether there be a quorum present or not.

(1) The proceedings of the discussion of every meeting of the Board shall be treated as confidential and no person shall, without the previous permission of the Board disclose any portion thereof : Provided that nothing in this section shall be deemed to prohibit any person from disclosing or publishing the text of any resolution adopted by the Board, unless the Board directs such resolution also to be treated as confidential. (2) No disqualification of, or defect in the election, nomination or appointment of, any person as a member, or as the President, or as a presiding authority of a meeting, shall of itself be deemed to vitiate any act or proceeding of the Board, in which such person has taken part, whenever the majority of persons party to such act or proceedings were entitled to vote. (3) During any vacancy in the Board, the continuing members may act, as if no vacancy had occurred, unless the number of vacancies exceeds four in number.

There shall be paid to the President, and other members such fees and allowances for attendance at meetings and such reasonable travelling allowances as shall from time to time be prescribed.

(1) The income of the Board shall consist of — (a) fees received from practitioners; (b) grants received from the State Government, if any; and (c) any other sums received by the Board. (2) It shall be competent for the Board to incur expenditure for the following purposes, namely :— (a) salaries and allowances of the Registrar and the other staff maintained by the Board; (b) fees and allowances paid to the members of the Board; (c) such other expenses as are necessary for performing its duties and functions under this Act.

Subject to such conditions as may be prescribed by or under the provisions of this Act, the powers and functions of the Board shall be - (a) to maintain the register, the list and to provide for the registration and enlistment of practitioners; (b) to hear and decide appeals from any decision of the Registrar; (c) to prescribe a code of ethics for regulating the professional conduct of registered and enlisted practitioners; (d) to "reprimand a registered or an enlisted practitioner, to suspend or remove him from the register or the list, as the case may be, or to take such other disciplinary action against him as may, in the opinion of the Board, be necessary or expedient; (e) to exercise such other powers and perform such other duties and functions, as are laid down in this Act, or may be prescribed.

(1)... a Registrar. The Registrar shall be paid the prescribed salary and allowances. The Board may from time to time grant him leave and may appoint a person to act in his place and shall forthwith report any appointment so made to the State Government. Any person duly appointed to act as Registrar shall be deemed to be the Registrar for all the purposes of this Act: Provided that where the period of leave to be granted to the Registrar does not exceed one month the President may grant such leave.

(2) The Registrar shall be the Secretary and the executive officer of the Board and he shall attend all meetings of the Board.

(3) No orders suspending, dismissing or removing the Registrar from office or imposing any other penalty upon him shall be passed by the Board without the previous approval of the State Government.

(4) The Board may, from time to time, appoint such other officers and servants as may be deemed necessary for carrying out their duties and performing their functions tinder this Act : Provided that the number and designation of such officers and servants, and their salaries and allowances shall be subject to the previous approval of the State Government.

(5) The Registrar and any other officer or servant appointed under this section shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.