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The Indian Medicine Central Council (Amendment) Bill, 2020

SECTION Section 1

Untitled Section

THE INDIAN MEDICINE CENTRAL COUNCIL (AMENDMENT)
ACT, 2020
NO.25 OF 2020
[25th September, 2020.]
An Act further to amend the Indian Medicine Central Council Act, 1970.
BE it enacted by Parliament in the Seventy-first Year of the Republic of India as
follows:—
SECTION Section 2

Untitled Section

1.(1) This Act may be called the Indian Medicine Central Council (Amendment)
Act, 2020.
(2)It shall be deemed to have come into force on the 24th day of April, 2020.
SECTION Section 3

Untitled Section

2.In the Indian Medicine Central Council Act, 1970, after section 3, the following
sections shall be inserted, namely:—
Short title and
commencement.
Insertion of
new sections
3A, 3B and
3C.
48 of 1970.
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PART II — Section 1
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Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LA W AND JUSTICE
(Legislative Department)
New Delhi, the 28th September, 2020/Asvina 6, 1942 (Saka)
The following Act of Parliament received the assent of the President on the
25th September, 2020 and is hereby published for general information:—
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2 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
Power of
Central
Government
to supersede
Central
Council and
constitute
Board of
Governors.
Power of
Central
Government
to give
directions.
Certain
modifications
of Act.
"3A. (1) On and from the date of commencement of the Indian Medicine Central
Council (Amendment) Ordinance, 2020, the Central Council shall stand superseded
and the President, Vice-President and other members of the Central Council shall
vacate their offices and shall have no claim for any compensation, whatsoever.
(2)The Central Council shall be reconstituted in accordance with the provisions
of section 3 within a period of one year from the date of supersession of the Central
Council under sub-section ( 1).
(3)Upon supersession of the Central Council under sub-section (1) and until a
new Council is constituted in accordance with the provisions of section 3, the Board
of Governors constituted under sub-section (4) shall exercise the powers and perform
the functions of the Central Council under this Act.
(4)The Central Government shall, by notification in the Official Gazette,
constitute the Board of Governors which shall consist of not more than ten persons
as its members, who shall be persons of eminence and of unimpeachable integrity in
the fields of Indian Medicine and Indian Medicine education and eminent
administrators, and who may be either nominated members or ex officio members, to
be appointed by the Central Government, one of whom shall be selected by the
Central Government as the Chairperson of the Board of Governors.
(5)The Chairperson and other members, other than ex officio members, shall be
entitled to such sitting fee and travelling and other allowances as may be determined
by the Central Government.
(6)The Board of Governors shall meet at such time and such place and shall
observe such rules of procedure in regard to the transaction of business at its meetings,
as is applicable to the Council.
(7)Two-third of the members of the Board of Governors shall constitute the
quorum of its meetings.
(8)No act or proceedings of the Board of Governors shall be invalid merely by
reason of-—
(a)any vacancy in, or any defect in the constitution of, the Board of
Governors; or
(b)any irregularity in the procedure of the Board of Governors not affecting
the merits of the case.
(9)A member having any financial or other interest in any matter coming before
the Board of Governors for its decision shall disclose his interest in such matter
before he may, if allowed by the Board of Governors, participate in such proceedings.
(10)The Chairperson and other members of the Board of Governors shall hold
office during the pleasure of the Central Government.
3B.During the period when the Central Council stands superseded,—
(a)the provisions of the Act shall be construed as if for the words "Central
Council", the words "Board of Governors" were substituted;
(b)the Board of Governors shall exercise the powers and discharge the
functions of the Council under this Act and for this purpose, the provisions of
this Act shall have effect subject to the modification that references therein to
the Central Council shall be construed as references to the Board of Governors;
3C.(1) Without prejudice to the provisions of this Act, the Board of Governors
or the Central Council after its reconstitution shall, in exercise of its powers and in the
performance of its functions under this Act, be bound by such directions on questions
of policy, other than those relating to technical and administrative matters, as the
Central Government may give in writing to it from time to time:
Ord.7 of
SECTION Section 4

Untitled Section

2020.
SEC.1] THE GAZETTE OF INDIA EXTRAORDINARY 3
Repeal and
savings.
Provided that the Board of Governors or the Council after its reconstitution
shall, as far as practicable, be given an opportunity to express its views before any
direction is given under this sub-section.
(2)The decision of the Central Government whether a question is a matter of
policy or not shall be final.".
SECTION Section 5

Untitled Section

3.(1) The Indian Medicine Central Council (Amendment) Ordinance, 2020 is hereby
repealed.
(2)Notwithstanding such repeal, anything done or any action taken under the Indian
Medicine Central Council Act, 1970, as amended by the said Ordinance, shall be deemed to
have been done or taken under the corresponding provisions of the said Act as amended
by this Act.
————
DR.G. NARAYANA RAJU,
Secretary to the Govt. of India.
Ord.7 of
SECTION Section 6

Untitled Section

2020.
48 of 1970.
MGIPMRND—864GI—28-09-2020.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.