रजिस्ट्री सं० डी० एल० (एन) 04/0007/2003--05
REGISTERED NO. DL-(N)04/0007/2003-05 भारत का राजपत्र TheGazette ofIndia
असाधारण
EXTRAORDINARY
भाग II- खण्ड 2
PART II- Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 11]
नई दिल्ली , बुधवार, मार्च 23, 2005 / चैत्र 2 , 1927
No. 11] NEW DELHI, WEDNESDAY, MARCH 23, 2005 / CHAITRA 2, 1927
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके । Separate paging is given to this Part in order that it may be filed as a separate compilation.
RAJYA SABНА
The following Bills were introduced in Rajya Sabha on 23rd March , 2005:-
I
BILL NO . XLIII OF 2005
ABillfurther to amend the Homoeopathy Central Council Act, 1973 .
BE it enacted by Parliament in the Fifty-sixth Year ofthe Republic ofIndia as follows:-
1. ( 1) This Act may be called the Homoeopathy Central Council (Amendment) Act,2005 .
Short title and.com- mencement .
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette , appoint .
59 of1973.
Amendment of section 2.
2. In the Homoeopathy Central Council Act, 1973 (hereinafter referred to as the principal Act) , in section 2, in sub-section ( 1 ) ,-
(1) after clause (a) , the following clause shall be inserted, namely:-
"(da) "Homoeopathic Medical College" means a college ofHomoeopathy, whether known as such or by any other name, in which a person may undergo a course of study or training including any post-graduate course of study or training which will qualify him for the award of a recognised medical qualification;' ;
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(ii) after clause ( e) , the following clause shall be inserted, namely:--
(ea) "member " means a member of the Central Council and includes the President and the Vice-President ; ' ;
(iii) after clause (1) , the following clause shall be inserted , namely:-
"(fa) "President" means the President of the Central Council; ' ;
(iv) after clause (j) , the following clause shall be inserted, namely:-
"(ja) "Vice- President " means the Vice-President ofthe Central Council . ' .
Amendment of section 3 .
3. In section 3 of the principal Act, in sub -section ( 1 ) , after clause (c) , the following clause shall be inserted, namely:-
"(d) two officials to be nominated by the Central Government as members, ex officio, namely:-
(i)Adviser or Deputy Adviser (Homoeopathy), Department ofAyurveda, Yoga and Naturopathy, Unani , Siddha and Homoeopathy ; and
(ii) Director, National Institute of Homoeopathy." .
4.After section 3 ofthe principal Act, the following section shall be inserted, namely:-- Insertion of new section 3A.
Reconstitu- tion of Central Council.
"3A. ( 1 ) The Central Government shall , as soon as possible , after the commence- ment of the Homoeopathy Central Council (Amendment ) Act, 2005 , reconstitute the Central Council , and by notification in the Official Gazette, publish the names of the members nominated or elected under sub - section ( 1) of section 3 .
(2) On and from the date of commencement of the Homoeopathy Central Council (Amendment) Act, 2005 , the existing Central Council shall stand dissolved and all the members of the Central Council shall vacate their office .
(3) Till the new Central Council is reconstituted , the Central Government shall appoint a Board ofAdministrators as provided in sub - section ( IA ) of section 7." .
5. In section 7 of the principal Act,-
Amendment of section 7.
(a) for sub-section ( 1 ) , the following sub- sections shall be substituted , namely:-
"(1) The President, Vice-President or a member of the Central Council shall hold office for a term of five years from the date ofhis election or, as the case may be, nomination and no longer:
Provided that the Central Government shall take or cause to be taken necessary steps for the reconstitution of a new Central Council at least three months before the expiry of the term ofthe Central Council ..
(1A) If the Central Government is unable to reconstitute the Central Council within the specified time, it shall appoint a Board of Administrators consisting ofnot more than five members headed by a Chief Administrator, who are otherwise eligible to hold the office of the members of the Central Council , which shall exercise the powers and perform the functions ofthe Central Council till the new Central Council is reconstituted in the manner provided under this Act or the expiry ofsix months , whichever is earlier." ;
(b) in sub -section (3 ) , the following proviso shall be inserted, namely:-- "Provided that no member shall hold office for more than two terms ." .
SEC. 2]
3 THE GAZETTE OF INDIA EXTRAORDINARY
6. After section 12B of the principal Act, the following section shall be inserted, namely:-
Insertion of new section 12C.
certain Time for permission for existing Homoeopathic Medical Colleges .
" 12C.( 1 ) If any person has established a Homoeopathic Medical College or any Homoeopathic Medical College has opened a new or higher course of study or seeking training (including the post-graduate course of study or training ) or increased the admission capacity in any course of study or training (including the post- graduate course of study or training) on or before the date of commencement of the Homoeopathy Central Council (Amendment )Act, 2005, such person or Homoeopathic Medical College, as the case may be , shall seek , within a period of three years from the said commencement, permission of the Central Government in accordance with the provisions ofsection 12A .
(2) If anyperson or Homoeopathic Medical College, as the case may be, fails to seek permission under sub -section ( 1 ) , the provisions of section 12B shall apply, so far asmay be, as if, permission of the Central Government under section 12A has been refused.".
7. After section 30 of the principal Act, the following sections shall be inserted, namely:-
Insertion of new sections 30A, 30B, 30C, 30D and 30E .
Vice-President or member of Removal of President , Central Council .
"30A. ( 1) The Central Council may recommend to the Central Government for removal of the President , the Vice- President or any member on the grounds of misconduct or incapacity by a resolution passed by a majority of the total membership of the Central Council excluding the vacancies and a two- thirds majority of the members present and voting after having given a reasonable opportunity of being heard, and the Central Government may, after being satisfied ofthe grounds on which such removal is recommended , remove the President, the Vice- President or the member from the Central Council , by notification in the Official Gazette .
(2) When the President is removed by an order under sub -section ( 1 ) , during the period of such removal , the powers and duties conferred and imposed on the President under this Act shall be exercised and performed by the Vice- President .
(3) Where the Vice-President is removed by an order under sub -section ( 1 ) , during the period of such removal, the powers and duties conferred and imposed on the Vice-President under this Act shall be exercised and performed by such person who is otherwise eligible to become the member ofthe Central Council as the Central Government may appoint in that behalf.
(4) The President or the Vice- President or the member, as the case may be , shall be elected in the manner provided under this Act within the period of three months from the date on which the order of removal was issued under sub -section ( 1) .
Withdrawal and removal. of nominated Central Council . member of 30B . Notwithstanding anything contained in section 7, if the Central Government considers it to be expedient in public interest that a member nominated to the Central Council under clause (c) of sub- section ( 1 ) of section 3 should withdraw from the Central Council , the Central Government may give such direction and if the member refuses to comply with the direction so given, it may, by order, remove such member from the Central Council ,
Directions by Central Government. 30C. ( 1) In the discharge of its functions under this Act, the Central Council shall be guided by such directions , as may be given to it in the public interest,by the Central Government.
(2) If any dispute arises between the Central Government and the Central Council as to whether a question relates to public interest or not, the decision of the Central Government thereon shall be final .
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30D. ( 1 ) If the Central Government is of the opinion that the Executive Committee or any other committee of the Central Council is unable to perform or has made persistently defaults-
(a) in the performance of the duties imposed on it by or under this Act or has exceeded or abused its powers ; or
Power of Central Government to dissolve Executive Committee or any other committee .
(b) either wilfully or without sufficient cause in complying with any direction issued by the Central Government under section 30C ,
the Central Government may, by a notification published , together with a statement of the reasons therefor , in the Official Gazette , dissolve the Executive Committee or such other committee :
Provided that before issue of such notification, the Central Government shall give a reasonable time to the Executive Committee or such other committee , as the case may be , to show cause why it should not be dissolved and shall consider the explanations and objections , if any, of the Executive Committee or the other committee .
(2) Upon the publication of a notification under sub -section ( 1 ) dissolving the Executive Committee or, as the case may be such other committee,--
(a) all members of the Executive Committee or the other committee shall , notwithstanding that their term of office had not expired, as from the date of dissolution , vacate their offices as such members ;
(b) all powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Executive Committee or the other committee, during the period of dissolution, be exercised and performed by such person or persons as the Central Government may think fit from amongst the members ofthe Central Council :
Provided that the term of office of the person or persons so appointed under this sub - section shall not exceed a period of six months or till the time a new Executive Committee or such other committee is constituted, whichever is earlier.
30E. ( 1) If the Central Government is of the opinion that the President or the Vice-President or the member of the Executive Committee or any other committee ofthe Central Council is unable to perform or has made persistently defaults-
(a) in the performance of the duties imposed on him under this Act or has exceeded or abused his powers ; or
(6) either wilfully or without sufficient cause in complying with any direction issued by the Central Government under section 30C,
Power of Central Government to remove President , Vice-President or member of Executive Committee or any other committee .
the Central Government may remove from office the President or the Vice-President or the member, as the case may be:
Provided that before such removal , the Central Government shall give a reasonable opportunity of being heard to the President or the Vice- President or the member, as the case may be , to show cause why he should not be removed from office and shall consider the explanations and objections , if any, of the President or the Vice-President or the member .
(2) Upon the removal from office under sub - section ( 1 ) ,-
(a)thePresident or the Vice-President or the member shall , notwithstand- ing that his term of office had not expired , as from the date ofremoval from office, vacate the office as such President or Vice - President or member;
5 SEC.2]
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(b) all powers and duties which may, under the provisions of thisAct, be exercised or performed by the President or the Vice-President , as the casemay be, shall, during the period of removal from office , be exercised and performed by such person as the Central Government may think fit from amongst the members ofthe Central Council:
Provided that the term of office ofthe person so appointed under this sub- section shall not exceed a period of six months or till the time a new President or the Vice- President or the member, as the case may be , is elected in the manner provided under this Act, whichever is earlier. " .
8. In section 32 of the principal Act,
Amendment of section 32.
(a) in sub -section ( 1 ) , the brackets and figure " ( 1 ) " shall be omitted;
(b) sub -section (2) shall be omitted .
9. In section 33 of the principal Act,-
Amendment of section 33 .
(a) in sub -section ( 1 ), the brackets and figure " ( 1 ) " shall be omitted ;
(b) sub -section (2) shall be omitted.
10. After section 33 of the principal Act, the following sections shall be inserted, namely:-
Insertion of new sections 34 and 35.
"34.(1) Where the Central Government considers it expedient so to do , it may, by order in writing, direct the Central Council to make any regulations or to amend or revoke any regulations already made within such period as it may specify in this behalf.
Power of Central Government to issue directions for amending regulations. making or (2) If the Central Council fails or neglects to comply with such order within the specified period , the Central Government may itself make the regulations or amend or revoke the regulations made by the Central Council .
Laying of rules and regulations.
35. Every rule and every regulation made under this Act shall be laid , as soon as maybe after it is made, before each House ofParliament, while it is in session, for atotal period of thirty days which may be comprised in one session or in two or more successive sessions , and if, before the expiry ofthe session immediately following the session or the successive sessions aforesaid , both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made , the rule or regulation shall thereafter have effect only in such modified form or be of no effect , as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation." .
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STATEMENT OF OBJECTS AND REASONS
The Homoeopathy Central Council Act, 1973 (59 of 1973 ) (HCC Act) provides for constitution of the Central Council of Homoeopathy for regulation of the educational standards of Homoeopathic Medical Colleges , maintenance of the Central Register of practitioners of Homoeopathy and for matters connected therewith.
2. The Central Council ofHomoeopathy was initially constituted through nomination of members in the year 1973. Subsequently, elections to the said Central Council were conducted . Though the tenure of all the members of the said Central Council had expired in 2002, but it could not be reconstituted even after a lapse of more than two years. This is due to not updating the State Register of Homoeopathy, at the instance of sitting members , a pre- requisite for conducting elections in time. Sometimes , elections are delayed due to litigation and stay orders from court .
3. The election for the Central Council of Homoeopathy from Bihar and Maharashtra States could not be conducted till date and the members elected in 1989-90 are still continuing in the Central Council of Homoeopathy. It has been observed that such problem persists due to the existing provisions in section 7 ( 1 ) of the Homoeopathy Central Council Act, 1973 , which provide for term of five years from date of election or nomination, as the case may be, or until the election or nomination of the successor , whichever is longer.
4. Further, in the HCC Act , 1973 , there is no provision for removal of the President, Vice-President ofthe Council and also withdrawal of the member nominated to the Council in casethey commit some irregularity or unwanted activities . The Department is of the opinion that the tenure of the members should not exceed five years and also there should be a provision for the removal of the President, Vice - President or the members .
5. Sometimes , the Central Council abuses and exceeds its powers and in such condi- tions , there is a need to issue proper direction to the Central Council . Since there is no provision in HCC Act , 1973 to give directions to the Central Council in case of any irregularity, the Central Government is not in a position to check such activities .
6. TheHomoeopathy Central Council Act, 1973 was amended with effect from 28.1.2003 10 check the mushroom growth of sub - standard Homoeopathic Medical Colleges , increase in admission capacity and starting of new courses in such colleges . The permission ofthe Central Government is mandatory for establishing new colleges or starting new courses of study. The amendment shall require permission of the Central Government for existing Homoeopathic Medical College within a grace period of three years . This will improve the standard of Homoeopathic Medical Colleges in the country imparting training of Homoeopathic education. There is need to improve the standard of existing colleges , to bring uniformity of standard in existing Homoeopathic Colleges .
7. In order to meet the requirements , it is proposedto amend the Homoeopathy Central Council Act, 1973 so as to make provisions-
(a) to define Homoeopathic Medical College;
(b) to nominate ex officio members ;
(c) for seeking permission for certain existing Homoeopathic Medical Colleges;
(d) to have fix tenure of elected or nominated members ;
(e) to remove the President, Vice -President and members on the grounds of misconduct or incapacity;
() to dissolve the Executive Committee of the Central Council if it persistently defaults or abuses its powers ; and
(g) to give directions to the Central Council in public interest.
8. The proposed amendments will ensure timely election to the Central Council of Homoeopathy and streamline its functioning.
9. The Bill seeks to achieve above objectives .
A. RAMADOSS.
7 THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 2]
Π
BILL NO . XLII OF 2005
ABillfurther to amend the Indian Medicine Central Council Act, 1970.
BE it enacted by Parliament in the Fifty- sixth Year ofthe Republic of India as follows:-
1. (1) This Act may be called the Indian Medicine Central Council (Amendment) Act, 2005.
Short title and commence- ment.
(2) It shall come into force on such date as the Central Government may, by notification inthe Official Gazette, appoint .
48 of 1970 .
Amendment of section 2 .
2. In the Indian Medicine Central Council Act, 1970 ( hereinafter referred to as the principal Act), in section 2, in sub - section ( 1) ,-
(i) after clause (1) , the following clause shall be inserted , namely:-
"(fa) " member " means a member of the Central Council and includes the President and a Vice-President;' ;
[PART II- THE GAZETTE OF INDIA EXTRAORDINARY
8
(ii) after clause (g), the following clause shall be inserted , namely:-
'(ga) " President " means the Presiderit of the Central Council;' ;
(iii) after clause (k) , the following clause shall be inserted , namely:-
"(1) "Vice- President " means a Vice-President of the Central Council and includes a Chairman of the committee .' .
Amendment of section 3 .
3. In section 3 of the principal Act, in sub - section ( 1 ) , after clause (c) , the following clause shall be inserted , namely:--
"(a) six officials to be nominated by the Central Government as members , ex officio, namely:-
(i) Adviser or Deputy Adviser from each of the Ayurveda , Siddha and Unani systems of medicine in the Department of Ayurveda , Yoga and Naturopathy, Unani , Siddha and Homoeopathy;
(ii) Director , National Institute of Ayurveda, Jaipur ;
(iii) Director, National Institute of Unani , Bangalore ; and
(iv) Director, National Institute of Siddha, Chennai . " .
4.After section 3 ofthe principal Act, the following section shall be inserted , namely:---
Insertion of new section 3A .
Reconstitution ofCentral Council .
" 3A . ( 1 ) The Central Government shall , as soon as possible, after the commencement of the Indian Medicine Central Council ( Amendment) Act, 2005, reconstitute the Central Council , and by notification in the Official Gazette , publish the names of the members nominated or elected under sub - section ( 1 ) of section 3 .
(2) On and from the date of commencement of the Indian Medicine Central Council (Amendment ) Act, 2005, the existing Central Council shall stand dissolved and all the members of the Central Council shall vacate their office.
(3) Till the new Central Council is reconstituted , the Central Government shall appoint a Board of Administrators as provided in sub - section ( 1A ) of section 7. " .
5. In section 7 of the principal Act,-
Amendment of section 7 .
(a) for sub- section (1 ) , the following sub - sections shall be substituted , namely:-
"(1) The President , a Vice -President or a member of the Central Council shall hold office for a term of five years from the date of his election or, as the case may be , nomination and no longer:
Provided that the Central Government shall take or cause to be taken necessary steps for the reconstitution of a new Central Council at least three months before the expiry of the term of the Central Council .
(14) Ifthe Central Government is unable to reconstitute the Central Council within the specified time, it shall appoint a Board ofAdministrators consisting of not more than five members headed by a ChiefAdministrator , who are otherwise eligible to hold the office of the members of the Central Council, which shall exercise the powers and perform the functions of the Central Council till the new Central Council is reconstituted in the manner provided under this Act or the expiry of six months , whichever is earlier. " ;
(b) in sub -section (4) , the following proviso shall be inserted , namely:-- "Provided that no member shall hold office for more than two terms. " .
SEC. 2]
9 THE GAZETTE OF INDIA EXTRAORDINARY
6. After section 33 of the principal Act, the following sections shall be inserted, namely:-
Insertion of new sections 33A, 33B, 33C , 33D and 33E .
Removal of President, Vice- President or member of Central Council .
"33A. ( 1) The Central Council may recommend to the Central Government for removal ofthe President , a Vice - President or any member on the grounds of misconduct or incapacity by a resolution passed by a majority of the total membership of the Central Council excluding the vacancies and a two-thirds majority of the members present and voting after having given a reasonable opportunity of being heard, and the Central Government may, after being satisfied of the grounds on which such removal is recommended , remove the President, the Vice- President or the member from the Central Council , by notification in the Official Gazette .
(2) When the President is removed by an order under sub -section ( 1) , during the period of such removal , the powers and duties conferred and imposed on the President under this Act shall be exercised and performed by a Vice-President as the Central Government may appoint in that behalf.
(3) Where a Vice- President is removed by an order under sub -section (1 ) , during the period of such removal , the powers and duties conferred and imposed on the Vice-President under this Act shall be exercised and performed by such person who is otherwise eligible to become the member of the Central Council as the Central Government may appoint in that behalf.
(4) The President or the Vice- President or the member , as the case may be , shall be elected in the manner provided under this Act within the period of three months from the date on which the order of removal was issued under sub - section ( 1 ) .
Withdrawal and removal of nominated members of Central Council .
33B . Notwithstanding anything contained in section 7, ifthe Central Government considers it to be expedient in the public interest that a member nominated to the Central Council under clause (c) of sub - section ( 1 ) of section 3 should withdraw from the Central Council, the Central Government may give such direction and ifthe member refuses to comply with the direction so given, it may, by order, remove such member from the Central Council.
Directions by Central Government. 33C. ( 1) In the discharge of its functions under this Act, the Central Council shall be guidedby such directions , as may be given to it in the public interest, by the Central Government.
(2) Ifany dispute arises between the Central Government and the Central Council as to whether a question relates to public interest or not , the decision of the Central Government thereon shall be final .
33D. ( 1) If the Central Government is of the opinion that any committee of the Central Council is unable to perform or has made persistently defaults-
(a) in the performance of the duties imposed on it by or under this Act or has exceeded or abused its powers ; or
Power of Central Government to dissolve any committee .
(b) either wilfully or without sufficient cause in complying with any direction issued by the Central Government under section 33C or by the Central Council under sub- section (3) of section 9,
the Central Government may, by a notification published , together with a statement of the reasons therefor , in the Official Gazette dissolve such committee:
Provided that before issue of such notification, the Central Government shall give a reasonable time to the committee to show cause why it should not be dissolved and shall consider the explanations and objections , if any, of the committee.
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(2) Upon the publication of a notification under sub - section ( 1 ) dissolving the committee,
(a) all members ofthe committee shall, notwithstanding that their term of office had not expired, as from the date of dissolution, vacate their offices as such members ;
(b) all powers and duties which may, by or under the provisions of this Act,be exercised or performed by or on behalf of the committee, during the period ofdissolution , be exercised and performed by such person or persons as the Central Government may think fit from amongst the members of the Central Council:
Provided that the term ofoffice of the person or persons so appointed under this sub-section shall not exceed a period of six months or till the time a new committee is constituted , whichever is earlier.
33E. (1 ) If the Central Government is of the opinion that the Chairman or the member of any committee of the Central Council is unable to perform or has made persistently defaults---
(a) in the performance of the duties imposed on him under this Act or has exceeded or abused his powers ; oг
Power of Central Government to remove Chairman or member of any committee.
(b) either wilfully or without sufficient cause in complying with any direction issued by Central Government under section 33C or by the Central Council under sub -section (3 ) of section 9,
the Central Government may remove from office the Chairman or the member, as the case may be:
Provided that before such removal , the Central Government shall give a reasonable opportunityofbeing heard to the Chairman or the member, as the case may be, to show causewhy he should not be removed from office and shall consider the explanations and objections , if any, ofthe Chairman or the member.
(2) Upon the removal from office under sub -section ( 1 ) ,-
(a) the chairman or the member shall , notwithstanding that his term of office had not expired , as from the date of removal from office, vacate the office as such Chairman or the member ;
(b) all powers and duties which may, under the provisions of this Act, be exercised or performed by the Chairman shall , during the period of removal from office, be exercised and performed by such person as the Central Government may think fit from amongst the members ofthe Central Council:
Provided that the term of office of the person so appointed under this sub- section shall not exceed a period of six months or till the time a new Chairman or the member, as the case may be , is elected in the manner provided under this Act, whichever isearlier." .
7. In section 35 of the principal Act,-
Amendment of section 35 .
(a) in sub -section ( 1 ) , the brackets and figure " ( 1) " shall be omitted;
(b) sub -section (2 ) shall be omitted.
8. In section 36 of the principal Act,-
Amendment of section 36.
(a) in sub-section ( 1 ) , the brackets and figure " ( 1 ) " shall be omitted;
(b) sub -section (2) shall be omitted.
11.
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SEC. 2]
9. After section 36 of the principal Act , the following sections shall be inserted, namely:-
Insertion of new sections 37 and 38.
"37. ( 1 ) Where the Central Government considers it expedient so to do , it may, by order in writting, direct the Central Council to make any regulations or to amend or revoke any regulations already made within such period as it may specify in this behalf.
Power of Central Governmentto issue directions for making or amending regulations .
(2) Ifthe Central Council fails or neglects to comply with such order within the specified period, the Central Government may itself make the regulations or amend or revoke the regulations made by the Central Council .
Laying of rules and regulations.
38.Every rule and every regulation made under this Act shall be laid, as soon as maybe after it is made , before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions , and if, before the expiry of the session immediately following the session or the successive sessions aforesaid , both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect , as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation ." .
[PART II-SEC.2] THE GAZETTE OF INDIA EXTRAORDINARY
12
STATEMENT OF OBJECTS AND REASONS
The IndianMedicine Central Council Act, 1970 (48 of 1970 ) ( IMCC Act ) provides for constitution of the Central Council of Indian Medicine for regulation of education and maintenance of a Central Register of practitioners of Ayurveda, Siddha and Unani systems ofmedicines and for matters connected therewith .
2. The Central Council of Indian Medicine was initially constituted through nomination of members in 1971. Subsequently, elections to the said Council were conducted. Though the tenure of all the members of the said Council elected in 1994-95 had expired in 2000, it could not be reconstituted even after a lapse of more than four years because the election process has been completed only in 7 States out of 18 States that maintain the State Register ofIndian Medicine . This is due to not updating the State Register of Indian Medicine, at the instance of sitting members , a pre - requisite for conducting elections in time. Sometimes the elections are delayed due to litigation and stay orders from court .
3. The election for the Central Council of Indian Medicine from State of Bihar could not be conducted during 1994-95 and the members elected in 1983-84 are still continuing in the Central Council of Indian Medicine . It has been observed that such a problem persists due to the existing provisions in section 7 ( 1 ) of the Indian Medicine Central Council Act , 1970, which provide for a term of five years from the date of election or nominations, as the case may be , or until the election or nomination of the successor, whichever is longer.
4. Further, in the IMCC Act , 1970, there is no provision for removal of the President, Vice- President ofthe Council and also withdrawal of the member nominated to the Council in case they commit some irregularity or unwanted activities . The Department is ofthe opinion that the tenure of the members should not exceed five years and also there should also be a provision for the removal of the President , Vice - President or the members.
5. In order to meet the requirements , it is proposed to amend the Indian Medicine Central Council Act , 1970 so as to make provisions-
(a) to nominate ex officio members ;
(b) to have fix tenure of elected or nominated members ;
(c) to remove the President, Vice- President and members on grounds of misconduct or incapacity;
(d) to dissolve any committee of the Central Council if it persistently defaults or abuses its powers ; and
(e) to give directions to the Council in the public interest.
6. The proposed amendments will ensure timely election to the Central Council of Indian Medicine and streamline its functioning .
7. The Bill seeks to achieve the above objectives .
A. RAMADOSS .
YOGENDRA NARAIN,
Secretary -General.
PUBLISHED BY THE SECRETARY - GENERAL , RAJYA SABHA UNDER RULE 68 OF THE RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE RAJYA SABHA .
MGIPMRND- 5404G1 ( S- 5)-15.06.2005.