MINISTRY OF LAW AND JUSTICE
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:—
THE INDIAN MEDICINE CENTRAL COUNCIL (AMENDMENT) ACT, 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:—
1. Short title and commencement.
(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.
2. Insertion of new sections 3A, 3B and 3C.
In the Indian Medicine Central Council Act, 1970, after section 3, the following sections shall be inserted, namely:—
Power of Central Government to supersede Central Council and constitute Board of Governors.
“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of commencement of the Indian Medicine Central Council (Amendment) Ordinance, 2020, the Central Council shall stand superseded and the President, Vice-President and other members of the Central Council shall vacate their offices and shall have no claim for any compensation, whatsoever.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.
Certain modifications of Act.
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;
Power of Central Government to give directions.
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:
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.”.
3. Repeal and savings.
(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.