section 36
Government
The Bombay Homoeopathic and Biochemical Practitioners Act, 1959Health201448 sections
Statutory text
- (1) If at any time it appears to the State Government that the Board or the Court has failed to exercise or has exceeded or abused any of the powers conferred upon it by or under this Act, or has failed to perform any of the duties conferred upon it, by or under this Act, or has otherwise ceased to function or has become incapable of functioning, the State Government may, if it considers such failure, excess or abuse to be of a serious character, notify the particulars thereof to the Board or the Court, as the case may be, and if the Board or the Court fails to remedy such failure, excess or abuse within such time as the State Government may fix in this behalf, the State Government may dissolve the Board or the Court, as the case may be, and cause all or any of the powers or duties of the Board or the Court to be exercised and performed by such person and for such period not exceeding two years as it may think fit, which period may, if the State Government thinks fit, be extended by it, from time to time, so, however, that the total period does not exceed three years in the aggregate, and the State Government shall take steps to constitute a new Board or Court, as the case may be.
- (2) Notwithstanding anything contained in this Act, rules, regulations or by-laws, if at any time it shall appear to the State Government that the Board or the Court or any other authority empowered to exercise any of the powers or to perform any of the functions under this Act, has not been validly constituted or appointed, the State Government may cause any of such powers or functions to be exercised or performed by such person in such manner and for such period not exceeding six months and subject to such conditions as it thinks fit.
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