Chapter II ESTABLISHMENT OF BOARD

(1) The State Government may, as soon as may be, by notification in the official Gazette, constitute a Board, to be called the Karnataka Board of Homœopathic System of Medicine. The Board shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may by the said name sue and be sued. (2) The Board shall consist of eleven members including the President and shall be constituted in the following manner, namely:— (i) A President who shall be a registered practitioner; (ii) Five members nominated by the State Government out of whom two at least shall be registered practitioners; (iii) six members elected by the registered practitioners from among themselves, whose names are entered in Part A and B of the register: Provided that,- (a) for a period of five years after the coming into force of this Chapter, the President shall be appointed by the State Government; In section 24 of the principal Act, for sub-section (1), the following shall be deemed to have been substituted with effect from 1st January, 1996, namely:-

"(1) Notwithstanding anything contained in section 18 or 20, each Homoeopathic Practitioner other than a Homoeopathic Practitioner whose name is entered in the register under section 18 or continued in the register shall pay to the Board on or before the thirty first day of December of every year and in succeeding year in which his name is entered in the register and every year thereafter a prescribed renewal fee for the continuance of his name on the register:

Provided that a Homoeopathic Practitioner registered under this Act, before the commencement of the life time registration may pay such amount as renewal fee, as may be prescribed, for the continuance of his name on the register for life time.”

If at any election, the electors fail to elect the requisite number of members, the State Government shall nominate such registered practitioners as it deems fit, to fill the vacancies and the practitioners so nominated shall for the purpose of section 3 be deemed to have been duly elected under the said section. In section 35 of the principal Act, in sub-section (1), after the words “make rules”, the words “prospectively or retrospectively” shall be inserted.

(1) The election of members under section 3 shall be held in such manner as may be prescribed.

(2) All elections under this Act shall be held according to the distributive system of voting.

Explanation.—Distributive system of voting means a system of voting in which every voter shall be entitled to give as many votes as there are seats to be filled:

Provided that no voter shall give more than one vote to any one candidate:

Provided further that no voting paper shall be deemed to be valid unless the voter has recorded all the votes which he is entitled to give. Notwithstanding anything contained in any judgment, decree or order of any Court, Tribunal or other Authority to the contrary, anything done or any action taken or purporting to have been done or taken under any rules, notifications, notices or order issued and all proceedings held for levy of life time fee or any renewal fee by the State Government or the Board from any person for the purpose of membership shall be deemed to have been validly levied or collected and effective as if such levy and collection of enhanced rate of fee has been collected or action or thing had been done or taken under the principal Act, as amended by this Act in accordance with the law and accordingly,-

(c) no suit or other proceedings shall be maintained or continued in any court or Tribunal or before any Authority for the refund of any such fee, additional fee; and

(d) no court shall enforce any decree or order directing the refund of any such fee, additional fee.

(1) Save as otherwise provided by this Act, the term of office of the members whether elected or nominated, shall be for a period of five years commencing from the date on which the first meeting of the Board is held after the election of the members under section 3.

(2) An out-going member shall continue in office until the election or nomination of his successor, as the case may be.

(3) An out-going member shall be eligible for re-election or re-nomination.

In the event of a vacancy arising out of the death, resignation, removal, disability or disqualification of a member or the President, or otherwise, previous to the expiry of the period of his office, the vacancy shall be filled in the prescribed manner. Any person elected or nominated to fill the vacancy shall, notwithstanding anything contained in section 6, hold office only so long as the member in whose place he is elected or nominated would have held office if the vacancy had not occurred.

(1) Any member may at any time resign his office by a letter addressed to the President.

(2) The President, if appointed by the State Government, may at any time resign his office by a letter addressed to the State Government. If the President is elected, he may resign his office by a letter addressed to the Board.

If any member,—

(a) absents himself from three consecutive ordinary 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 case of any other member in the opinion of the Board, be sufficient, or

(b) becomes subject to any of the disqualifications specified in section 10, or

(c) abuses his position as a member so as to render his continuance as a member detrimental to the interest of the Board; or

(d) is otherwise unfit to continue as a member.

the State Government may remove such member from office:

Provided that no member shall be removed from office on the grounds specified in clause (c) or clause (d) without giving such member an opportunity to submit his explanation.

A person shall be disqualified for being chosen as, and for being, a member of the Board,—

(a) if he has been sentenced by a criminal court for an offence involving moral turpitude and punishable with imprisonment for a term exceeding three months, such sentence not having been subsequently reversed, quashed or remitted, unless he is, by order, which the State Government is hereby empowered to make in this behalf, been relieved from the disqualification arising on account of such sentence;

(b) if he is an undischarged insolvent;

(c) if he is of unsound mind and stands so declared by a competent court;

(d) if his name has been removed from the register;

(e) if he is a whole time officer or servant of the Board.

No disqualification 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 invalidate any act or proceeding of the Board in which such person has taken part.

The Board shall meet at such time and place and every meeting shall be summoned in such manner as may be provided for by regulations:

Provided that until such regulations are made, it shall be lawful for the President to summon a meeting of the Board at such time and place as he may deem expedient by circulating a notice to each member.

(1) The President if present, shall preside at every meeting of the Board. In the absence of the President, the members present shall elect one amongst themselves to preside.

(2) All questions at a meeting of the Board shall be decided by the votes of the majority of the members present and voting at the meeting.

(3) Six members including the President shall form a quorum.

(4) The President or the person presiding at a meeting shall have a second or casting vote in case of an equality of votes.

(1) The Board shall, with the previous sanction of the State Government, appoint a Registrar. The Registrar shall receive such salary and allowances as may be prescribed.

(2) The Board may from time to time grant him leave and may appoint a person with the previous sanction of the State Government to act in his place during his leave or absence; provided that if the period of such leave does not exceed two months, such leave may be granted by the President who shall also make temporary appointment of any other person to act during the said period and report the appointment to the State Government. Any person duly appointed to act as Registrar shall be deemed to be the Registrar for the purposes of this Act.

(3) An appeal shall lie to the State Government from every order of the Board punishing or removing any person from the office of the Registrar.

(4) The Board may appoint Inspectors and such other officers and servants as may be necessary for the purposes of this Act.

(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.

(6) The Registrar shall be the Secretary and the Executive Officer of the Board.

The Board shall exercise such powers and perform such functions as may be prescribed by or under the provisions of this Act or as the State Government may direct for carrying out the provisions of this Act.