The President Ram Nath Kovind has promulgated the Indian Medicine Central Council (Amendment) Ordinance, 2020 in exercise of his powers conferred by Article 123(1) of Constitution. It takes effect immediately.
In the amended Act, three sections have been added to the original Indian Medical Central Council Act 1970. These are: Sections 3A, 3B and 3c which state the following:
Section 3A states :-
1. On and from date of commencement of Indian Medicine Central Council (Amendment) Ordinance, 2020 Central Council shall stand superseded and President, Vice President and other members of Central Council shall vacate their offices and shall have no claim for their compensation.
2. Central Council shall be reconstituted in accordance with provisions of Section 3 within 1 year period from date of supersession of Central Council.
3. Upon supersession of the Central Council and until new council is constituted, Board of Governors shall exercise powers and perform functions of Central Councils under this Act.
4. Central Government, shall by notification in Official Gazette constitute Board of Governors which shall consist of not more than 10 persons of imminent and unimpeachable integrity in the fields of Indian Medicine and Indian Medicine Education and eminent administrators, and who maybe either nominated members, or ex-officio members, to be appointed by Central Government, one of whom shall be selected by Cetral Government as Chairperson of Board of Governors.
5. Chairperson and other members, other than ex-officio members, to be appointed by Central Government, shall be entitled to such sitting fee and travelling and other allowances as maybe determined by Central Government.
6. Board of Governors shall meet at such time and such place and shall observe such rules of procedure in regard to transaction of business at its meetings, as is applicable to Council.
7. Two-third of members of Board of Governors shall constitute quorum of its meetings.
8. No act or proceedings of Board of Governors shall be invalid by reason of-
a)Any vacancy or defect in Constitution of Board of Governors
b) Any irregularity in procedure of Board of Governors not affecting merits of the case.
9. Member having financial interest in matter coming before it shall disclose it before he maybe allowed to participate in proceedings.
10. Office by Chairperson and other members will be held only during pleasure of Central Government.
Section 3B during period when Central Council stand superseded:-
a) Provisions of Act shall be construed as if for words ‘Central Council’, words Board of Governors were substituted.
b) Board of Governors shall exercise powers and discharge functions of Council under this Act, and for that provisions of Act shall be subject to modification that references to Central Council shall be construed as references to Board of Governors.
According to Section 3C:-
1.Board of Governors or Central Council in performance of its functions shall be bound by such directions on questions of policy, other than those relating to technical and administrative matters as Central Government may give in writing.
2. Central Government’s decision on whether its question of policy shall be final.
-India Legal Bureau
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