Establishment, constitution and incorporation of the Board

Establishment, constitution and incorporation of the Board.--

1. (1) The Government shall, by notification in the Government Gazette, establish a Board to be called the Board of Ayurvedic and Unani Systems of Medicine, Jammu and Kashmir, for the purposes of carrying out the provisions of this Act. Such Board shall be a body corporate, having perpetual succession and a common seal with power to acquire or hold property, both movable and immovable, and shall by the said name sue and be sued.
2. (2) The Board shall consist of eleven members residing in Jammu and Kashmir State of whom--
   • (a) four members shall be nominated by the Government, one of them, if possible, being a person connected with institutions established in the State and affiliated to the Board for the purpose of giving instructions in Ayurvedic and/or Unani Systems of Medicine as the Government may determine;
   • (b) seven members, of whom not less than four shall be persons holding a Certificate or Diploma in the Ayurvedic or Unani System, shall be elected by the Registered Practitioners from among themselves.
3. (3) The President of the Board shall be elected by the members, from amongst themselves; provided that for the first term of the Board after the commencement of the Jammu and Kashmir Ayurvedic and Unani Practitioners (Amendment) Act, 1968, the President shall be a person nominated by the Government from amongst the members, who shall hold the office during the pleasure of the Government.
4. (4) Save as otherwise provided, the seven seats of members under clause
   • (b) of sub-section
5. (2) shall be distributed proportionately to their numbers, as counted on the prescribed date before the election between those registered practitioners who follow the Ayurvedic System and those who follow the Unani System: Provided that in determining the proportion a fraction of one-half and less shall be ignored and a fraction of more than one-half shall be counted as one.
6. (5) Notwithstanding anything in sub-section
7. (4) the seven members mentioned under clause
   • (b) of sub-section
8. (2) shall, in the case of the first Board to be constituted after the commencement of the Jammu and Kashmir Ayurvedic and Unani Practitioners (Amendment) Act, 1968, be nominated by the Government in such proportion as it may think fit from among Practitioners of either system who are eligible to be registered practitioners, and such members shall be deemed to have been duly elected under clause
   • (b) of sub-section (2):