Chapter II ESTABLISHMENT AND CONSTITUTION OF BOARD AND

The election of practitioners entitled to be the members of the Board under clause (c) of sub-section (1) of section 3 shall be held at such time and place and in such manner as may be prescribed.

(1) Save as otherwise provided in this Act, a member, other than an ex-officio member, shall hold office for a period of five years from the date of the first meeting of the Board. (2) An outgoing member shall continue in office until the election or appointment of his successor. (3) An outgoing member shall be eligible for re-election or re-appointment.

(1) If a vacancy occurs in the office of a member through his death, resignation, removal, disqualification or disability or otherwise, the vacancy shall be filled in the same manner as is provided in section 3. (2) Any person elected or appointed to fill the vacancy shall, notwithstanding anything contained in section 5, hold office only so long as the member in whose place he is elected or appointed 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 Chairman and the resignation shall take effect from the date on which it is accepted by him.

If any member during the period for which he has been appointed or elected absents himself, without such reasons as may in the opinion of the Board be sufficient, from three consecutive ordinary meetings of the Board or becomes subject to any of the disqualifications mentioned in section 9, the Board shall declare his office to be vacant: Provided that before declaring his office to be vacant, the Board shall call for his explanation and record its decision thereon.

A person shall be disqualified for being elected or appointed as, and for continuing as, a member,- (a) if he is a minor or an undercharged insolvent; (b) if he is of unsound mind and stands so declared by a competent court; (c) if his name has been removed from the register or list prepared under this Act and has not been re-entered therein.

No act done, or proceeding taken, under this Act by the Board shall be invalid merely on the ground,- (a) of any vacancy or defect in the constitution of the Board; or (b) of any defect or irregularity in the election or appointment of a person acting as a member thereof; or (c) of any defect or irregularity in such act or proceeding, not affecting the merits of the case.

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

(1) The Chairman, and in his absence the Vice Chairman, and in the absence of both a person elected by the members of the Board from amongst themselves, shall preside at every meeting of the Board. (2) All questions at a meeting of the Board shall be decided by the votes of the majority of the members present and voting: Provided that in case of equality of votes, the Chairman, Vice-Chairman or the person presiding, as the case may be, shall, in addition to his own vote as a member of the Board, have and exercise a second or casting vote. (3) Five members shall form a quorum at a meeting of the Board and four members shall form a quorum at a meeting of the Board referred to in sub-section (6) of section 3: Provided that if a meeting is adjourned for want of quorum, no quorum shall be necessary at the next meeting called for transacting the same business.

(1) Subject to the rules made in this behalf, the Board shall appoint a Registrar who shall receive such salary and allowances and be subject to such conditions of service as may be prescribed: Provided that until a Registrar is so appointed, a person appointed by the Government of Himachal Pradesh shall, as from the commencement of this Act, be deemed to be the Registrar who shall be entitled to such salary and allowances and shall be subject to such conditions of service as may be determined by the Government of Himachal Pradesh. (2) The Board may appoint such other employees as may be necessary for carrying out the purposes of this Act and such employees shall receive such salary and allowances and be subject to such conditions of service as may be prescribed. (3) All employees of the Board, including the Registrar, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

(1) Subject to the provisions of this Act and the rules made thereunder and subject to any general or special order of the Board, it shall be the duty of the Registrar to maintain the register and to act as the Secretary of the Board. (2) The register shall be in such form as may be prescribed and shall contain the names, addresses and qualifications of every registered practitioner together with the dates on which such qualifications were acquired. The register shall be divided into the following three parts, namely:- PART I containing the names of the practitioners qualified to practise the Ayurvedic system; PART II containing the names of the practitioners qualified to practise the Unani system; and PART III containing the names of practitioners registered under sub-section (2) of section 15. (3) The Registrar shall keep the register correct and may from time to time enter therein any material alteration in the address or qualifications of the practitioners. The names of the registered practitioners who die or whose names are directed to be removed from the register under this Act shall be removed from the register. (4) A registered practitioner shall, on payment of such fees as may be prescribed, be entitled to have entered in the register any further degrees, diplomas or certificates or other qualifications in Ayurvedic system or Unani system or other recognised medical degrees, diplomas or certificates which he may obtain. (5) For the purposes of this section, the Registrar may write by registered post to any registered practitioner at the address which is entered in the register enquiring whether he has ceased to practise or has changed his residence and if no answer is received to the said letter within three months, the Registrar may remove the name of the said practitioner from the Register: Provided that the Board may, if it is satisfied on the application of the said practitioner that he has not ceased to practise, direct that his name be re-entered in the register.