The Maharashtra Paramedical Council Act, 2011
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35. Cognizance of offences.
- (1) No court shall take cognizance of an offence punishable under this Act, except upon a complaint, in writing, made by the Registrar or any other officer authorized by the Council in this behalf, by general or special order.
- (2) No court lower to that of a Judicial Magistrate of First Class shall try any offence punishable under this Act.
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36. Information furnished by Council.
The Council shall forward such reports, copies of its minutes, abstracts of its accounts and other information to the Government, as the Government may require.
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37. Power to amend Schedule.
If it appears to the Government, on the reports of the Council or otherwise, that any paramedical subject is not specified or any paramedical subject needs to be deleted or needs some modification, the Government may, by notification in the Official Gazette, amend the Schedule so as to include therein such subject not already specified therein or omit therefrom any subject or modify the description of any subject.
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38. Control by Government.
- (1) If at any time, it appears to the Government that the Council or its President or Vice-President has failed to exercise or has exceeded or misused any of the powers conferred upon it or him by or under this Act, or has ceased to perform any of the duties imposed upon it or him by or under this Act, or has ceased to perform any of the duties imposed upon it or him by or under this Act, the Government may, if it considers such failure, excess, misuse or incapacity to be of a serious nature, notify the particulars thereof to the Council or the President or the Vice-President, as the case may be. If the Council or the President or the Vice-President, fails to remedy such failure, excess, misuse or incapacity within such reasonable time as the State Government may fix in this behalf, the Government may remove the President, Vice-President or dissolve the Council.
- (2) Upon the dissolution of the Council,-
- (a) all the members of the Council shall, notwithstanding that their term of office had not expired on the date of dissolution, vacate their offices ;
- (b) all the powers and duties of the Council which may, by or under the provisions of this Act, be exercised and performed by or on behalf of the Council shall be exercised and performed by such person or group of persons as the Government may direct, for such period not exceeding two years as it may think fit. The Government shall take steps to constitute a new Council in the manner provided ;
- (c) all the properties vested in the Council shall, during the period of dissolution, vest in the Government.
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39. Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against the Government, Council, President, Vice-President, member or any officer or other employee of the Council or of the Government for anything which is done or intended to be done in good faith under this Act.
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40. Power to make rules.
- (1) The State Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of this Act. Such rules may be made to provide for all or any of the matters expressly required or allowed by this Act to be prescribed by rules.
- (2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in rule or both Houses agree that the rule should not be made, and notify their decision to that effect in the Official Gazette, the rule shall from the date of publication of such decision in the Official Gazette, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
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41. Power to make regulations.
- (1) The Council may, with the previous sanction of the Government make regulations not inconsistent with the provisions of this Act and the rules made thereunder, for enabling it to perform its functions under this Act and generally to carry out the purposes of the Act, by notification in the Official Gazette.
- (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-
- (a) the management of the property of the Council and the maintenance and audit of its account;
- (b) the resignation by nominated or elected members of the Council;
- (c) the powers and duties of the President and Vice-President;
- (d) the mode of appointment of committees, the summoning and holding of meetings and the conduct of business of such committees;
- (e) (i) the manner to hear and decide appeals from the decision of the Registrar under clause (c) of sub-section (2) of section 19;
- (ii) the Code of Ethics for regulating the professional conduct under clause (d) of sub-section (2) of section 19;
- (f) the manner of revision of the State Register under sub-section (1) of section 22;
- (g) the manner of renewal of registration under sub-section (2) of section 26;
- (h) any other matter for which provisions may be made by regulations.
- (3) The Government, on receiving regulations for sanction, may sanction them subject to such modification as it may think fit or return them to the Council for reconsideration.
- (4) The Government may, by notification rescind or modify any regulation made under this section and thereupon, the regulation shall cease to have effect or be modified accordingly.
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42. Power to remove difficulties.
- (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion arises, by an order, published in the Official Gazette, do anything, not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purposes of removing the difficulty: Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
- (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.
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