Chapter II ESTABLISHMENT AND CONSTITUTION OF THE MAHARASHTRA PARAMEDICAL COUNCIL

1. (1) The Government shall, as soon as may be, after the commencement of this Act, establish by notification in the Official Gazette, a Council to be called the Maharashtra Paramedical Council with effect from such date as may be specified therein.
2. (2) The Council established under sub-section (1), shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and may, sue or be sued by its corporate name.

1. (1) The Council shall consist of the following members, namely:-
   • (i) The Director, Medical Education and Research, Maharashtra, ex-officio member;
   • (ii) The Director, Health Services, Maharashtra, ex-officio member;
   • (iii) The Director, Ayurveda, Maharashtra, ex-officio member;
   • (iv) The Vice-Chancellor, Maharashtra University of Health Sciences or his nominee, ex-officio member;
   • (v) The President of the Maharashtra Medical Council, ex-officio member; 1[(v-a) The President of the Maharashtra Councils of Indian Medicine, ex-officio member;]
   • (vi) five members to be nominated by the Government;
   • (vii) six members to be elected from amongst the registered 2[paramedical practicing personnel] one from each revenue division, in such manner, as may be prescribed : Provided that, in the case of constitution of the Council for the first time, after the commencement of this Act, the members under this category shall be appointed by nomination by the Government.
2. (2) No person shall at the same time serve as a member in more than one capacity.
3. (3) The President and Vice-President of the Council shall be elected by the members from amongst themselves.

1. (1) The Government shall, by notification in the Official Gazette, publish the names of the elected and nominated members.
2. (2) Save as otherwise provided in this Act, a member, whether elected or nominated, shall hold office for a term of five years commencing from the date of the first meeting of the Council : Provided that, the members nominated under the proviso to clause (vii) of sub-section (1) of section 4 shall hold office till the elected members have entered their offices, and the members so elected, shall continue in the office for the unexpired term of the nominated members under the said clause (vii).
3. (3) The President and Vice-President of the Council shall hold office from the date of their election, upto the day on which their term of office as a member expires.
4. (4) The nominee of the Vice-Chancellor of the Maharashtra University of Health Sciences nominated under clause (iv) of sub-section (1) of section 4 shall hold office of a member, in the absence of the Vice-Chancellor.
5. (5) Notwithstanding anything contained in sub-section (2), an outgoing member shall continue in the office till the nomination or election, as the case may be, of his successor.
6. (6) Leave of absence may be granted by the Council to any member for a period not exceeding six months.

A person shall be disqualified for being nominated or elected as, and for continuing as, a member,-

1. (a) if he is not a citizen of India;
2. (b) if he is an undischarged insolvent;
3. (c) if he is, or becomes of, unsound mind and stands so declared by a competent court;
4. (d) if he is, or has been convicted of any offence involving moral turpitude;
5. (e) if he is an employee of the Council and is remunerated by salary or honorarium; or
6. (f) if his name has been removed from the State Register, or from the Register of Medical, Ayurveda, Unani or Homoeopathic practitioners, under any Act for the time being in force and has not been re-entered therein.

1. (1) The President or the Vice-President or a nominated member may at any time resign his office, by submitting a letter of resignation to the Government, under intimation to the Registrar of the Council. The resignation shall take effect from the date on which it is accepted by the Government.
2. (2) An elected member may at any time resign his office by submitting a letter of resignation to the President, under intimation to the Government. Every such resignation shall take effect from the date on which it is accepted by the President.

1. (1) If any member other than ex-officio member, during the term of his office,-
   • (a) absents himself from three consecutive meetings of the Council, without the leave of the Council granted under sub-section (6) of section 5; or
   • (b) remains out of India for a period exceeding twelve consecutive months; or
   • (c) becomes or is found to be subject to any of the disqualifications mentioned in section 6, the Council shall declare his office vacant : Provided that, no declaration shall be made under this sub-section unless a reasonable opportunity of being heard is given to the member concerned.
2. (2) Any member aggrieved by a declaration under sub-section (1) may, prefer an appeal to the Government in the manner prescribed within ninety days from the date of such declaration and the decision of the Government thereon shall be final.

Any casual vacancy, before the expiry of the term of a member, other than an ex-officio member, caused by reason of death, resignation, disqualification, disability or any cause, shall be filled in, as soon as may be, by nomination or election, as the case may be, and the person so nominated or elected shall hold the office for the unexpired term of his predecessor.