Chapter I Preliminary

(1) This Act may be called the Rajasthan Electropathy System of Medicine Act, 2018. (2) It extends to the whole of the State of Rajasthan. (3) It shall come into force on such date as the State Government may by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires, - (a) "Board" means the Board of Electropathy System of Medicine for Rajasthan established and constituted under this Act; (b) "Chairperson" means the Chairperson of the Board; (c) "Electropathy" means the system of medicine founded by Dr. Count Ceseare Mattei of Italy in the nineteenth century based on treatment of diseases by medicines made by the method of Spagyrical Cohobation (repeated distillation) by which the life force of the plants are collected in the form of micro, macro and trace elements of the herbs; (d) "member" means a member of the Board and includes the Chairperson thereof; (e) "practitioner" means a person who practises the Electropathy system of Medicine; (f) "recognised medical qualification" means any of the qualifications in Electropathy recognized by the Board; (g) "register" means the register of Electropaths maintained under section 28; (h) "registered Electropaths" means a Electropathy practitioner registered under the provisions of this Act; (i) "Registrar" means the Registrar appointed under this Act.

(1) The State Government shall by notification in the Official Gazette, establish, in the manner provided hereafter, a Board to be called the Rajasthan Board of Electropathy System of Medicine, for the purpose of carrying out the provisions of this Act. (2) The Board so established shall be a body corporate having a perpetual succession and a common seal and may sue or be sued in its corporate name.

The Board shall consist of the following members, namely : (a) four persons to be nominated by the State Government of whom at least two shall be registered Electropaths; (b) one person possessing recognized medical qualification to be elected by the teachers of the recognized Electropathy institutions in State of Rajasthan; (c) two experts in the field of Electropathy to be nominated by members of the Board elected and nominated under clauses (a) and (b).

The Chairperson of the Board shall be nominated by the State Government from amongst the members of the Board.

(1) The term of office of a member of the Board shall be three years from the date on which the first meeting of the Board is held after their nomination or, as the case may be, election under section 4: Provided that the State Government may from time to time extend such term to any further period not exceeding in the aggregate one year. (2) Notwithstanding anything contained in any other provision of this Act, the State Government, if it thinks fit in public interest so to do, may, at any time by a notification in the Official Gazette terminate the normal or extended term of office of any member of the Board. (3)An out-going Chairperson, or member, if otherwise qualified, shall be eligible for re-election or re-nomination, as the case may be.

Notwithstanding anything contained in section 4 and section 5, members of the first Board (including the Chairperson) constituted after the commencement of this Act shall be nominated by the State Government and shall hold office for a period of three years from its constitution : Provided that the State Government may from time to time extend the term of office of the Board to any further period not exceeding in aggregate one year.

(1) Any member other than the Chairperson may at any time resign his office by a letter addressed to the Chairperson and such resignation shall take effect from the date on which resignation is accepted by the Chairperson. (2) A Chairperson may at any time resign from his office by a letter addressed to the State Government and such resignation shall take effect from the date on which resignation is accepted by the State Government.

If a member or Chairperson of the Board dies or resigns or from any cause whatsoever, in accordance with the provision of this Act, vacates his office or is removed therefrom, the vacancy so caused shall be filled by fresh nomination or, as the case may be, election within such period as may be prescribed.

If any member during the period for which he has been nominated or elected,- (a) absents himself without cause from three consecutive ordinary meetings of the Board, or (b) becomes subject to any of the disqualifications mentioned in section 17, the Board may declare his office to have become vacant: Provided that when the Board proposes to take action under this section an opportunity of explanation shall be given to the member concerned and, when such action is taken, the reasons therefor shall be placed on record.

(1)The State Government may remove a Chairperson or member, who, in its opinion, has so flagrantly abused, in any manner, his position, as such as to render his continuance on the Board detrimental to the public interest or who has been guilty of habitual failure in the performance of his duties : Provided that when the State Government proposes to take action under this section, it shall give the Chairperson or member an opportunity of explaining his conduct on account of which it is proposed to remove him, shall make such enquiry as it may consider necessary and shall, in the event of taking such action, place on record the reasons therefor. (2) The State Government may place under suspension a member, or Chairperson against whom an inquiry relating to the abuse of his position as a member or Chairperson is pending before it or in a court of law, or under the orders of the State Government or the Board till final orders have been passed on the legal proceedings or the enquiry as the case may be. Such member or Chairperson shall not take part in any proceedings of the Board during the period of suspension.

It shall be the duty of the Chairperson - (a) unless provided otherwise by this Act or prevented by reasonable cause - (i) to convene and preside over all meetings of the Board, and (ii) to control in accordance with any regulations to be made in this behalf the transaction of business at all meetings of the Board; (b) to superintend and control the financial and executive administration of the Board and bring to its notice any defects therein; and (c) to perform such other duties as are required of, or imposed on, him by or under this Act or rules made thereunder.

(1) The Board may require the Chairperson to furnish it with - (a) any return, statement, estimate, statistics or other information regarding any matter pertaining to the administration of the Board; (b) a report or explanation on any such matter; and (c) a copy of any record, correspondence, plan or other document which is in his possession or control as Chairperson or which is recorded or filed in the office of any servant of the Board. (2) The Chairperson shall comply with every requisition made under sub-section (1) without unreasonable delay.

(1)The Chairperson may empower, by general or special order, any member of the Board elected under section 15 to exercise under his control any one or more of his powers, duties or functions. (2) An order by the Chairperson under sub-section (1) may lay down any conditions and impose any restrictions, in respect of the exercise of any power, the performance of any duty or the discharge of any function by such member. (3) In particular, such order may lay down the condition that any order made in the exercise of a power conferred on him by sub-section (1) shall be liable to rescission or modification by the Chairperson upon appeal to him within a specified time.

A person elected by the Board Members from amongst themselves shall - (a) during the vacancy in the office of the Chairperson or the incapacity or temporary absence of the Chairperson, perform any other duty or exercise any other power of the Chairperson; and (b) at any time perform any duty and exercise, when occasion arises any power, delegated to him by the Chairperson under section 14.

If the electoral body referred to in section 4 fails, by such date as may be prescribed to elect a member or to fill-up the vacancy, the State Government shall, on the recommendation of the Board, fill up such vacancy by nomination of a person qualified to be elected by such electoral body.

A person shall be disqualified for being nominated or elected as, or for being a member of, the Board, if- (a) he has been sentenced by a court to imprisonment for an offence involving moral turpitude or indicating, in the opinion of the Board, such a defect in character as would render the entry or continuance of his name in the register undesirable, the sentence not having been subsequently reversed in appeal or revision or remitted by an order which the State Government is empowered to make if it thinks it; (b) the Board, after enquiry (at which an opportunity has been given to such person to be heard in his defence either personally or through a representative) has found him guilty, by a majority of two-thirds of the members present and voting at the meeting, of infamous conduct in any professional respect, (c) he is an undischarged insolvent; (d) he has been adjudged by a competent court to be of unsound mind; (e) he is a dismissed servant of the State Government or of any local authority, (f) he is debarred from practising as a legal practitioner by order of any competent authority; (g) he holds any place of profit in the gift or disposal of the Board; (h) being a legal practitioner he appears in any suit or proceeding, civil or criminal against the Board; or (i) he has acquired, directly or indirectly by himself or by a partner any share or interest in any contract with by or on behalf of the Board.

The name of every member or Chairperson of the Board elected or nominated under this Act and of every member, or Chairperson who has resigned under section 8 or vacated his office under section 10 or has been removed therefrom under section 11, shall be notified in the Official Gazette.

There shall be paid to the members of the Board such travelling and daily allowances as may be prescribed

(1) The Board shall meet at its office at Jaipur or at such other place and at such time, and every meeting shall be convened in such manner, as may be provided by regulations made by the Board. (2) No business shall be transacted at any meeting of the Board unless four members are present.

If at a meeting the Chairperson is not present the members present shall elect one from amongst themselves to be the Chairperson of the meeting and such Chairperson shall perform all the duties, and may exercise all the powers of the Chairperson of the Board while presiding at the meeting.

Where at a meeting of the Board any member or other person refuses to comply with any direction of the Chairperson ruling any business or matter out of order or otherwise regulating the conduct of members or of business or where any member or person wilfully disturbs the meeting the Chairperson may require that member or person to withdraw from the meeting and in the event of his omitting to do so, may employ against him such force as is necessary, or as in good faith he believes to be necessary, for the purpose of removing and excluding him from the meeting.

(1) All questions which may come before a meeting of the Board shall, unless otherwise provided in this Act or in the rules or regulations made thereunder, be decided by a majority of the votes of the members present and voting. (2) In case of an equality of votes the Chairperson of the meeting shall have a second or casting vote.

(1) The names of the members present and the proceedings held and resolutions passed, at a meeting of the Board shall be entered in a book to be called the minute book. (2) The minutes shall be read out at the meeting or at the next following meeting and after being passed as correct by the members or a majority of them present at the reading, shall be certified as passed by the signature of the Chairperson of the meeting at which they are passed. (3) A copy of the proceedings of every meeting of the Board shall within fifteen days from the date of the meeting be forwarded to the State Government or any other authority appointed by the State Government in this behalf.

(1) Subject to the rules made by the State Government for this purpose, the Board may, by a resolution in this behalf, appoint an Advisory Committee consisting of seven persons of whom three shall be the members of the Board and four co-opted members, for any purpose provided for in this Act and may appoint a Convenor who shall preside over the meetings of such Committee in the absence of the Convenor, the committee may elect any one of its members for this purpose. (2) All questions at a meeting of the Committee shall be decided by a majority of the votes of the members present and voting. In case of an equality of votes, the person presiding shall have a casting vote. (3) No business shall be transacted at any meeting of the Committee when less than four members are present. (4) Proceedings of every meeting of the Committee shall be laid before the Board which may take such action thereon as it deems necessary. (5) The members of the Advisory Committee shall be paid such travelling and other allowances as may be payable to the members of the Board under section 19.

(1) No vacancy in the Board or in a Committee of the Board shall vitiate any act or proceedings of the Board or such committee. (2) No disqualification of or defect in the election or nomination of, any person acting as a member of the Board or as the Chairperson or the person presiding at a meeting shall be deemed to vitiate any act or proceeding of the Board in which such person has taken part.