Constitution of the Council and participation

(1) The State Government shall publish the date of the commencement of the Act by notification in the Gazette. A Council shall be constituted under the Act, which shall be called the "Uttarakhand Medical Council". (2) The Council shall be a body corporate having a perpetual succession and a common seal and shall have the right to purchase or sell moveable and immoveable property and to keep the same in its possession, and shall also be competent to enter into contracts for the execution of all such works as are required by the Act and shall have the right to sue and be sued. (3) The following shall be members of the Council: (a) Six members who possess the qualifications of being registered as prescribed by the Indian Medical Council Act, 1956, to be nominated by the State Government. (b) One member elected by the medical faculty of every medical college recognized by the Indian Medical Council in the State of Uttarakhand from amongst their teachers. (c) Four members to be elected from the registered medical practitioners of the State, of which one member shall be elected from the Uttarakhand Medical Association: Provided that no such registered medical practitioner shall have the right to vote or stand for election who: (1) Is not a citizen of India, and (2) Does not reside in Uttarakhand and does not practice his profession in Uttarakhand and is not employed in Uttarakhand. (d) The head of the medical faculty of the Universities of the State shall be ex-officio members. (e) The Director General of Medical Services of the State shall be the ex-officio member of the Council. (4) The President and Vice-President of the Council shall be elected from amongst the elected members of the Council. (5) The number and procedure regarding the time of election of the members, President and Vice-President of the Council shall be prescribed by the rules. (6) If in any election, the electing members fail to elect the requisite number of members or the President or Vice-President, the State Government shall have the right to nominate a member from each category from amongst the competent persons to fill the vacancies. The nominated persons shall have the right to work until the vacancies are filled in a regular manner as per this part of the Act. (7) If any dispute arises regarding the election of members, President or Vice-President of the Council, it shall be referred to the State Government for settlement and the decision taken by the State Government thereon shall be final. (8) The provisions of sub-section (3) of section 1 of the Act shall not be required in the following cases: (a) Where the State Government makes the formation of the Council for the first time, in which the State Government will nominate only those persons for each category who possess the prescribed qualifications for being elected. (b) The members so elected shall discharge their duties for such period as is prescribed by the State Government by notification. The total consolidated term of such members shall not exceed three years or as may be prescribed by the Government by notification in the Gazette.