section 16
Constitution and incorporation of Court
The Bombay Homoeopathic and Biochemical Practitioners Act, 1959Health201448 sections
Statutory text
- (1) The State Government may, as soon as may be, by notification in the Official Gazette constitute a Court of Examiners, to be called "the Court of Examiners of Homoeopathic and Biochemic Systems of Medicine, Bombay". The Court shall be a body corporate and have perpetual succession and a common seal and may by the said name sue and be sued.
- (2) The Court shall consist of eleven members including the Chairman and shall be constituted in the following manner, namely:—
- (a) four members nominated by the State Government;
- (b) two members elected by the principals or heads of recognised institutions from amongst themselves;
- (c) three members elected by the qualified teachers (other than principals or heads of institutions) in the recognised institutions from amongst themselves; Explanation.—For the purpose of this clause, a qualified teacher means a teacher who has been on the staff of any recognised institution for a period of one year immediately preceding the day fixed for the nomination of candidates under the rules;
- (d) two members elected by the Board, who shall be persons other than those appointed under any of the preceding clauses.
- (3) The Chairman of the Court shall be nominated by the State Government from amongst the members of the Court. (4)
- (a) Save as otherwise provided by this Act, the term of office of the members of the Court, whether elected or nominated, shall expire on the date on which the term of the Board expires under section 5.
- (b) Notwithstanding anything contained in clause
- (a) an outgoing member of the Court shall continue in office till the day immediately before the day on which the first meeting of the new Court is held.
- (c) An outgoing member shall be eligible for re-election or re-nomination. (5)
- (a) Any vacancy, previous to the expiry of the term, in the office of Chairman shall be filled by nomination.
- (b) Any vacancy, previous to the expiry of the term, in the office of a member of the Court shall be filled by nomination or election according as the member was nominated or elected.
- (c) Any person nominated or elected to fill a vacancy under this sub-section shall, notwithstanding anything contained in sub-section (4), hold office only so long as the person in whose place he is nominated or elected would have held office, if the vacancy had not occurred.
- (6) If at any election or by-election under this section, the electors fail to elect a member of the Court, the State Government shall nominate a person, who in its opinion is qualified to be elected, to fill the vacancy which remains unfilled after the election or by-election, as the case may be, and the person so nominated shall for the purposes of this section be deemed to have been duly elected under the relevant provision of this section.
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