Chapter II CONSTITUTION OF THE COUNCIL AND APPOINTENT OF REGISTRAR AND OTHER OFFICERS AND SERVANTS.

In corporation of State Medical Council.

1. (1) The State Government shall, as soon as may be, establish, by notification a medical council for the state w.e.f. Such date as may be specified therein.
2. (2) The council shall be a body corporate by the name of the Madhya Pradesh Ayurvigyan Parishad and shall have perpetual succession and a common seal with power to acquire and hold property, both moveable and immovable, and subject to the provisions of this Act to transfer any property held by it and to contract and do all other thing necessary for the purposes of its constitutions and may sue and be sued in its corporate name; Provided that the council shall not transfer any property held by, it by way of sell, mortgage, lease or otherwise or borrow money from any person or agency without the previous permission of the State Government.

Constitution of Council.

1. (1) The Council shall consist of following members, namely: -
   • (a) Five members elected from amongst themselves by persons enrolled on the State Medical Register;
   • (b) Five members to be nominated by the State Government as follows-
     • (i) one representative of the Indian Medical Association, Madhya Pradesh State Branch out of the penal of five persons to be proposed by the State Branch of the said association;
     • (ii) one member from amongst the member of medical faculties of the Universities in the State;
     • (iii) two members from amongst the Madhya Pradesh Health Services holding class-I Post out of whom one shall be a Lady Doctor;
     • (iv) a Dean of one of the Government Medical Colleges in the State;
   • (c) Director Medical Services Madhya Pradesh.
2. (2) The Director of Medical Services shall be the president of the Council and the Dean shall be the Vice President of the Council.
3. (3) The name of every person elected or nominated under sub section (1) shall be published in the gazette and the members shall enter and shall, for the purposes of their term, be deemed to have entered upon their respective offices with effect from the date of such publication.
4. (4) The Vice President shall perform such duties and exercise such powers of the President as may be assigned to him by the President.

Mode of Election.

1. (1) An election under clause
   • (a) of sub section
2. (1) of section
3. (4) shall be conducted by the council in accordance with such rules as may be made by the State Government in this behalf.
4. (2) Where any dispute arises regarding any election to the Council, it shall be referred to the State Government in such manner within such period as may be prescribed and the decision of the State Government thereon shall be final and binding.

Restriction on the Nomination or membership. No person shall be eligible for election or nomination under section 4, -

1. (i) unless his name is born on the State Medical Register; and
2. (ii) for more than two consecutive terms.

Terms of Office of Members.

1. (1) Subject to the provisions of this Act, an elected or nominated member shall hold office for a term of five years from the date he enters upon his office as provided in sub section
2. (3) of section –4; Provided that an outgoing member shall continue to hold office till his successors enters upon his office.
3. (2) An elected or nominated member shall be deemed to have vacated his seat if, in the opinion of the council, he is absent without sufficient excuse from three consecutive ordinary meetings of the council or, if he ceases to be a registered practitioner.
4. (3) A casual vacancy in the council shall be filled as soon as possible by election or nomination as the case may be, and the person elected or nominated to fill the vacancy shall hold office for the unexpired term off his predecessor.
5. (4) Where the said term of five years is about to expire in respect of any member, a successor may be elected or nominated at any time within three month before the said term expires, but he shall not assume office until the said term has expired.

Meeting of the Council.

1. (1) The council shall meet atleast twice in each year at such time and place as may be fixed by the president.
2. (2) Unless otherwise provided by regulation, five member of the council out of whom at least one shall be a non official member shall form a quorum and all question brought any meeting of the council shall be decided by majority of the members present an voting and in the case of equality of votes, the presiding authority shall have a second or casting vote.

Allowances to President, Vice President and Members of the Council. The President, The Vice President and Members of the Council shall be paid such allowances for attending meeting as the council may, by regulations, determine.

Registrar and Other Officers.

1. (1) The Council shall, with the previous sanction of the State government, appoint a registrar who shall Act as secretary and treasurer of the council; Provided that no person shall be eligible for being appointed as registrar unless he is a Registered Practitioner; Provided further that for the first four year from the date specified for the establishment of the council under sub section
2. (1) of section-3, the registrar shall be a person appointed by the State Government who shall hold office during the pleasure of the State Government.
3. (2) The council may, with the previous approval of the State Government create as many posts of officers and servants as it may deem necessary to carry out the provisions of this Act and may appoint officers and servants thereto; Provided that appointments to the posts, the minimum pay of which is Rs. 1820.00 or above, shall not be made by the council without obtaining the previous approval of the State Government.
4. (3) The qualifications, the conditions of appointment and service and scale of pay as respects the registrar shall be such as may be prescribed and as regards other employees shall be such as the council may, by regulations, provide.
5. (4) The council shall require and take from the registrar, or from any other employee, such security for the due performance of his duties as the councils deems necessary.
6. (5) The registrar and other employees appointed by the council under this section shall be deemed to be public servants within the meaning of section- 21 of the Indian Penal Code, 1860(45 of 1860).