Chapter II ESTABLISHMENT OF COUNCIL

1. (1) The Government shall, by notification, cstablish for the State of Tamil Nadu, a council to be called the Council of Homoeopathy.
2. (2) The council shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by its name, sue and be sued.

The council shall consist of the following fifteen members, namely :- (a)

1. (i) six members elected from among themselves by registered practitioners who possess any of the qualifications specified in the Schedule; and
2. (ii) three members elected from among themselves by practitioners registered under clauses

1. (b) and
2. (c) of sub-section

1. (1) of section 15;
   • (b) six members nominated by the Government of whom--
     • (i) three shall be registered practitioners j
     • (i) one shall be either the Secretary to the Government in the Department dealing with HeaIth and FarniIy Planning or one of the Deputy Secretaries to the Government in that Department;
     • (iii) one shall be either the birector of Health Services and Family Planning or one of his assistants who shall be a medical officer : and
     • (iv) one shall be the head of a Government teaching institution in homoeopathy.

1. (1) There shall be a president for the council.
2. (2) Tle president shall be nominated by the Govern. ment from among the laembers who are registered practi- tionem.

Notwithstanding anything contained in this Chapter, the first council shall be nominated by the Government and shall hold office for a period of five years from its constitution.

No person shall be eligible for being elected or nominated as a member if he-

1. (1) is not ordinarily resident in the State of Tamil Nadu ;
2. (2) in a case falling under clause
   • (a) or sub-clause
     • (i) of clause
   • (b) of section 4, is not such registered practitioner as is referred to in that clause or, as the case may be, sub-clause ;
3. (3) is an applicant to be adjudicated an insolvent or is an undischarged insolvent ;
4. (4) is of unsound mind and stands so declared by a competent court ;
5. (5) has been sentenced by a criminal court to imprisonment for any offence involving moral turpitude ;
6. (6) is a paid employee of the council ; or
7. (7) has not completed twenty-five years of age.

1. (1) Save as otherwise provided in this Act, the term of office of a member (including the member nominated as president) shall be five years from the date of his election or nomination as member.
2. (2) An outgoing member (including the member nominated as president), if otherwise qualified, shall be eligible for re-election or re-nomination.

A member shall be deemed to have vacated his seat-

1. (1) on sending his resignation in writing to the president or the registrar ;
2. (2) on his absence without excuse sufficient in the opinion of the council from three consecutive meetings of the council ;
3. (3) on his ceasing to ordinarily reside in the State of Tamil Nadu for twelve consecutive months ;
4. (4) on removal of his name from the register ;
5. (5) on his applying to be adjudicated, or on his being adjudicated, an insolvent ;
6. (6) on his being declared to be of unsound mind by a competent court ;
7. (7) on the expiry of the term mentioned in sub-section
8. (1) of section 8 ;
9. (8) on his being sentenced by a criminal court to imprisonment for any offence involving moral turpitude ; or
10. (9) in the case of any officer nominated under sub-clause (ii),
    • (iii) or
    • (iv) of clause
    • (b) of section 4, also on his ceasing to hold the post ; or
11. (10) on his becoming a paid employee of the council.

1. (1) The Government may, by order, remove any member (including the president) if the member is, in the opinion of the Government, guilty of gross misconduct in any respect, professional or otherwise, which renders him unfit to be a member.
2. (2) The Government shall, when they propose to take action under sub-section (1), give the member concerned an opportunity for explanation.

When the seat of any member becomes vacant, the vacancy for the remaining period shall be filled by election or nomination, as the case may be, in accordance with the provisions of section 4 : Provided that any vacancy in the office of any-

1. (1) elected member, or
2. (2) nominated member, occurring within six months before the date of the expiry of the term of office of the members under sub-section
3. (1) of section 8-
   • (a) in a case falling under clause (1), shall not, without the previous sanction of the Government, be filled; or
   • (b) in a case falling under clause (2), may, if the Government deem fit, be kept unfilled.

1. (1) There shall be an executive committee of the council consisting of the president ex-officio, and four other members of the council who shall be elected in the prescribed manner by the council at its first meeting.
2. (2) Every member of the executive committee so elected shall hold office so long he continues to be a member of the council and, if any casual vacancy occurs before the said period, the council shall fill the vacancy for the remaining period by electing a member of the council.
3. (3) The council may, subject to such rules as may be made by the Government in this behalf and with the previous sanction of the Government, delegate any of its powers and duties to its executive committee.
4. (4) The Government shall have power to cancel any delegation made under sub-section (3).

1. (1) The council and the executive committee of the council shall meet at such time and place and every meeting of the council or the executive committee shall be summoned by such person and in such manner as may be specified by regulations : Provided that until such regulations are made, it shall be lawful for the president to summon a meeting of the council or of the executive committee at such time and place as he may deem expedient by letter addressed to each member of the council or of the executive committee.
2. (2) All questions at any meeting of the council or its executive committee shall be decided by the votes of the majority of the members present and voting at the meeting and in the case of an equality of votes, the member presiding shall have and exercise a second or casting vote : Provided that in the case of an equality of votes at an election, the choice shall be by casting lots.
3. (3) The members of the council and the members of the executive committee shall be paid such daily and travelling allowances as may be prescribed.

(1)

1. (a) The council shall appoint a registrar who shall be the secretary to the council. The registrar shall act as treasurer of the council, unless the council appoints another person as treasurer under sub-section (3). The registrar shall also be the secretary of the executive committee.
2. (b) The council may, at any time, remove the registrar from office by a resolution passed at a special meeting convened for the purpose and supported by the votes of not less than two-thirds of the total number of members present and voting at the meeting.
3. (c) The appointment of the registrar or his removal from office shall be subject to the approval of the Government and shall not take effect until such approval has been accorded.

1. (2) In the temporary absence of the registrar, on leave, by reason of illness or other cause, or pending the filling of a vacancy caused in any other manner, his powers and duties shall, for a period of not more than three months, be exercised and performed by such person and in such manner as the president may direct.
2. (3) The council may also appoint such other officers and servants as it may deem necessary for the purposes of this Act. The remuneration and other conditions of service of the registrar and other officers and servants of the council shall be such as may be specified by regulations.
3. (4) All officers and servants of the council appointed under this section shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).