Constitution of the Council and its incorporation.

§3

Summary

(1) The State Government may, by notification in the Official Gazette, as soon as may be after the commencement of this Act, constitute the Council to be called the Maharashtra Council of Acupuncture. (2) The Council shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold, transfer or dispose of movable and immovable property, and to contract and may by the name aforesaid sue and be sued. (3) The Council shall consist of the following Members, namely :- (a) five Members, who are citizens of India, elected from such constituencies and in such manner as may be prescribed, by the Registered Acupuncture practitioners from amongst themselves ; (b) two Members nominated by the State Government from amongst the Registered Acupuncture practitioners, both of whom shall be a citizen of India ; (c) one Member nominated by the Maharashtra University of Health Sciences ; (d) one Member nominated by the State Government from amongst the heads, called by any name, of the affiliated Acupuncture institutions ; (e) one Member nominated by the State Government from amongst the heads, called by any name, of recognized research institutes. (4) The election of the Members referred to in clause (a) of sub-section (3) shall be held at such time and at such place and in such manner, as may be prescribed. (5) If the nomination of a Member as per clause (c) of sub-section (3) is not made by the prescribed date, it shall be lawful for the State Government to nominate a Registered Acupuncture practitioner to fill up the vacancy. (6) If at any election under clause (a) of sub-section (3), the electors fail to elect the requisite number of Members, it shall be lawful for the State Government to nominate such Registered Acupuncture practitioner or practitioners as it deems fit, to fill up the vacancy or vacancies; and the practitioners so nominated shall be deemed to have been duly elected under this section. 1[(7) Notwithstanding anything contained in the foregoing sub-sections or elsewhere in this Act, in case of constitution of the council for the first time,- (i) the members referred to in clause (a) of sub-section (3) shall be nominated by the State Government; (ii) the members to be nominated by the State Government from various categories specified in clauses (b), (d) and (e) shall also be nominated by the State Government irrespective of the categories specified in said clauses: Provided that, the nomination of members referred to in clause (a) of sub-section (3) by the State Government prior to the commencement of the Maharashtra Acupuncture System of Therapy (Amendment) Act, 2018 (Mah. LXXIV of 2018) on the first Council shall be deemed to have been made in accordance with the provisions of this sub-section, as amended by the said Act. (8) The President and the Vice-President shall be elected by the Members of the Council from amongst themselves at its first meeting after its reconstitution, at which quorum is present: Provided that, the President and the Vice-President of the first Council shall be nominated by the State Government : Provided further that, a person, who holds or who has held the office as the President or Vice-President, as the case may be, shall, subject to the other provisions of this Act, be eligible for re-election to that office. (9) Where any dispute arises regarding any election of a Member or the President or the Vice-President, it shall be referred to the State Government, and the decision of the State Government shall be final.

(1) The State Government may, by notification in the Official Gazette, as soon as may be after the commencement of this Act, constitute the Council to be called the Maharashtra Council of Acupuncture. (2) The Council shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold, transfer or dispose of movable and immovable property, and to contract and may by the name aforesaid sue and be sued. (3) The Council shall consist of the following Members, namely :- (a) five Members, who are citizens of India, elected from such constituencies and in such manner as may be prescribed, by the Registered Acupuncture practitioners from amongst themselves ; (b) two Members nominated by the State Government from amongst the Registered Acupuncture practitioners, both of whom shall be a citizen of India ; (c) one Member nominated by the Maharashtra University of Health Sciences ; (d) one Member nominated by the State Government from amongst the heads, called by any name, of the affiliated Acupuncture institutions ; (e) one Member nominated by the State Government from amongst the heads, called by any name, of recognized research institutes. (4) The election of the Members referred to in clause (a) of sub-section (3) shall be held at such time and at such place and in such manner, as may be prescribed. (5) If the nomination of a Member as per clause (c) of sub-section (3) is not made by the prescribed date, it shall be lawful for the State Government to nominate a Registered Acupuncture practitioner to fill up the vacancy. (6) If at any election under clause (a) of sub-section (3), the electors fail to elect the requisite number of Members, it shall be lawful for the State Government to nominate such Registered Acupuncture practitioner or practitioners as it deems fit, to fill up the vacancy or vacancies; and the practitioners so nominated shall be deemed to have been duly elected under this section. 1[(7) Notwithstanding anything contained in the foregoing sub-sections or elsewhere in this Act, in case of constitution of the council for the first time,- (i) the members referred to in clause (a) of sub-section (3) shall be nominated by the State Government; (ii) the members to be nominated by the State Government from various categories specified in clauses (b), (d) and (e) shall also be nominated by the State Government irrespective of the categories specified in said clauses: Provided that, the nomination of members referred to in clause (a) of sub-section (3) by the State Government prior to the commencement of the Maharashtra Acupuncture System of Therapy (Amendment) Act, 2018 (Mah. LXXIV of 2018) on the first Council shall be deemed to have been made in accordance with the provisions of this sub-section, as amended by the said Act. (8) The President and the Vice-President shall be elected by the Members of the Council from amongst themselves at its first meeting after its reconstitution, at which quorum is present: Provided that, the President and the Vice-President of the first Council shall be nominated by the State Government : Provided further that, a person, who holds or who has held the office as the President or Vice-President, as the case may be, shall, subject to the other provisions of this Act, be eligible for re-election to that office. (9) Where any dispute arises regarding any election of a Member or the President or the Vice-President, it shall be referred to the State Government, and the decision of the State Government shall be final.

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