Chapter II Establishment and Constitution of Board

(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 Homoeopathic 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.

(1) The Board shall consist of the following members, namely:- (a) Four persons to be nominated by the State Government out of whom at least two shall be registered homoeopaths, one of them possessing recognised medical qualification; (b) One person possessing recognised medical qualification to be elected by the registered teachers of the recognised Homoeopathic Institutions in the State of Rajasthan from amongst themselves; and (c) Six persons to be elected by the registered Homoeopaths of the State from amongst themselves, out of whom two shall be persons possessing recognised medical qualification. (2) Elections under clauses (b) and (c) of sub-section (1) shall be held in the prescribed manner.

The Chairman of the Board shall be nominated by the State Government from amongst the members of the Board and the Vice-Chairman shall be elected in the prescribed manner by such members from amongst themselves. The Chairman shall also be entitled to vote at the election of the Vice-Chairman: Provided that if the Chairman of the Board nominated by the State Government is not a registered Homoeopath, having a recognised medical qualification, the Vice-Chairman shall be elected from those members of the Board, who are registered Homoeopaths and possess recognised medical qualifications.

(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 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. (1-A) 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 and may by a similar notification reconstitute the Board at any time and the Board so reconstituted shall be deemed to be a Board constituted under section 4 of this Act: Provided that pending such reconstitution, the State Government may appoint an Administrator who shall exercise all the powers and perform all the functions of the Board under this Act: Provided further that the Administrator so appointed shall not continue for a period of more than six months from the date of his appointment). (2) An out-going Chairman, Vice-Chairman or member, if otherwise qualified, shall be eligible of 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 Chairman and Vice-Chairman 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.

Where the normal or the extended term of the Board has expired and the new Board has not been constituted in accordance with the provisions of section 4, the State Government may, at any time, by notification in the Official Gazette, appoint an Administrator for a term not exceeding one year to exercise all the powers and perform all the functions and duties of the Board: Provided that the State Government may, from time to time, whether by prospective or a retrospective order extend the term of the Administrator so appointed subject, however, to the condition that the total term of the Administrator shall not exceed in aggregate a period of four years.

(1) Any member other than the Chairman or Vice-Chairman may at any time resign his office by a letter addressed to the Chairman and such resignation shall take effect after the expiry of fifteen-days from the date of delivery of the letter to the Chairman. (2) A Vice-Chairman may resign his office by giving notice in writing to the Chairman and such resignation shall take effect on the expiry of one month from the delivery of the notice to the Chairman. (3) A Chairman may at any time resign his office by a letter addressed to the State Government and such resignation shall take effect from the date on which acceptance of the State Government thereon is received in the office of the Board.

(1) If a member, Vice-Chairman or Chairman of the Board dies or resigns or from any cause whatsoever ceases to be such member, Vice-Chairman or Chairman, as the case may be, or, in accordance with the provision of this Act, vacates his office or is removed therefrom, the vacancy so caused shall be filled by fresh election or nomination, as the case may be, within such period as may be prescribed: Provided that, if the vacancy is for a period of six months or less, the Board or the State Government may direct that the vacancy be left unfilled. (2) The term of office of a member, Vice-Chairman or Chairman elected or nominated to fill up the vacancy mentioned in sub- section (1) shall be the remainder of the term of office of the member, Vice-Chairman or Chairman in whose place he has been so elected or nominated.

(1) If any member, during the period for which he has been elected or nominated,- (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 Chairman, Vice-Chairman 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 Chairman, Vice-Chairman 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, and the decision of the State Government thereon shall not be questioned in any court of law. (2) The State Government may place under suspension a member, Vice-Chairman or Chairman against whom an inquiry relating to the abuse of his position as a member, Vice-Chairman or Chairman 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, Vice-Chairman or Chairman shall not take part in any proceedings of the Board during the period of suspension.

It shall be the duty of the Chairman- (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) otherwise 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 Chairman 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 Chairman or which is recorded or filed in the office of any servant of the Board. (2) The Chairman shall comply with every requisition made under sub-section (1) without unreasonable delay.

(1) The Chairman may empower, by general or special order, the Vice-Chairman to exercise under his control any one or more of his powers, duties or functions. (2) An order by the Chairman 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 the Vice-Chairman. (3) In particular, such order may lay down the condition that any order by a Vice-Chairman in the exercise of a power conferred on him by sub-section (1) shall be liable to rescission or modification by the Chairman upon appeal to him within a specified time.

A Vice-Chairman shall- (a) in the absence of the Chairman from a meeting of the Board and unless prevented by reasonable cause, preside over, regulate the conduct of business, and maintain and enforce order at the meeting. (b) during the vacancy in the office of the Chairman or the incapacity or temporary absence of the Chairman, perform any other duty or exercise any other power of the Chairman, and (c) at any time perform any duty and exercise, when occasion arises any power delegated to him by the Chairman under section 14.

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

A person shall be disqualified for being elected or nominated 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 fit: (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, Vice-Chairman or Chairman of the Board elected or nominated under this Act and of every member, Vice-Chairman or Chairman 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.

(1) There shall be paid to the members of the Board such travelling and daily allowances as may be prescribed. (2) No member other than the Chairman shall receive any pay. (3) The Chairman may receive such pay, allowances or emoluments, 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: Provided that, when it is necessary to postpone any business at a meeting for want of quorum, the chairman shall adjourn the meeting to another date and the business postponed for want of quorum shall be transacted on such date or, in the event of further adjournment of the meeting to a subsequent date, on such subsequent date, notwithstanding any deficiency in the number of members present. (3) Every meeting of the Board shall be open to the public unless the Chairman thereof considers that the public should be excluded during the whole or any part of the meeting.

If at a meeting neither the Chairman nor the Vice-Chairman is present, the members present shall elect one from amongst themselves to be the Chairman of the meeting and such Chairman shall perform all the duties, and may exercise all the powers, of the Chairman 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 Chairman 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 Chairman 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 Chairman 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 Chairman 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 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 three 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 Vice-Chairman or the Chairman 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.