Vidhi Codex

section 44

Power to supersede the Council or the Faculty

The Orissa Ayurvedic Medicine Act, 1960
Health196061 sections7 chapters
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Chapter VI CONTROL OF THE GOVERNMENT

Statutory text
  1. (1) If at any time it shall appear to the Government that the Council or the Faculty made default in the performance of a duty imposed on it by or under this Act or has exceeded or abused its power, the Government may after giving the Council or Faculty, as the case may be, a reasonable opportunity of being heard if they consider such default, excess or abuse to be of a serious character, communicate the particulars thereof to the Council or the Faculty as the case may be and issue necessary directions in respect of such default, excess or abuse to the Council or the Faculty, as the case may be, and if the Council or the Faculty fails to comply with such directions within such time as may be fixed by the Government in this behalf, the Government may by notification specifying the reason for so doing, declare the Council or the Faculty, as the case may be, to be in default or to have exceeded or abused its power, as the case may be, and-
    • (a) direct, that on a date to be specified in the notification, the office of the members of the Council or the Faculty shall be deemed to be vacant, and require a fresh election to be held on or before the said date ; or
    • (b) direct that the Council or the Faculty shall be superseded for such period not exceeding six months, as may be specified in the notification.
  2. (2) The members of the Council or the Faculty who vacate office by reason of a declaration made under sub-section
  3. (1) shall not, unless the Government otherwise direct, be deemed disqualified for re-election or re-nomination.
  4. (3) Where an order of supersession has been passed under clause
    • (b) of sub-section (1), the following consequences shall ensue, namely.-
    • (a) all the members of the Council or the Faculty shall, from a date to be specified in the order, vacate their offices as such members ;
    • (b) all the powers and duties, which under the provisions of this Act are to be exercised and performed by the Council or the Faculty, as the case may be, shall during the period of supersession, be exercised and performed by such person or persons as the Government may direct ;
    • (c) all property vested in the Council or Faculty, shall during the period of supersession, vest in the Government ; and
    • (d) before the expiration of the period of supersession, election shall be held and nominations made, for the purpose of reconstituting the Council and the Faculty.

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