Constitution and incorporation of a Council.

§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 a Council to be called the Maharashtra Council for Occupational Therapy and Physiotherapy. (2) The Council constituted under sub-section (1), shall be a body corporate having perpetual succession and a common seal, with powers to acquire, hold or dispose of property, both movable and immovable, and to contract, and may sue or be sued by its corporate name. (3) The Council shall consist of the following members, namely :- (a) The Director of Medical Education and Research, Ex Officio member. (b) Two members from occupational therapists to be elected from amongst the registered practitioners in the Register of Occupational Therapists. (c) Four members from physiotherapists to be elected from amongst the registered practitioners enrolled in the Register of Physiotherapists : Provided that, the election of the members referred to in clauses (b) and (c) shall be held at such time and at such place and in such manner as may be prescribed : 1[Provided further that, the first election for the election of the members referred to in clauses (b) and (c) shall be held within a period of two years from the date of commencement of this Act :] 2[Provided also that], pending the preparation of the Registers in accordance with the provisions of this Act, for holding election of those registered members on coming into force of this Act, the members referred to in clauses (b) and (c) may be nominated by the Government till the election and appointment of the elected members. (d) One occupational therapist from the recognised teaching institutions in the State, to be nominated by the Government. (e) One Physiotherapists from the recognised teaching institutions in the State, to be nominated by the Government. (f) One person from the field of Occupational Therapy and one person from the field of Physiotherapy to be nominated by the Government. (g) Registrar appointed under section 14 shall be the Member-Secretary. (4) The President shall be elected by the members of the Council from amongst themselves. (5) There shall be two Vice-Presidents, one representing Occupational Therapists and another representing physiotherapists to be known as Vice-President (Occupational Therapy) and Vice-President (physiotherapy), respectively, elected by the members of the Council from amongst themselves. (6) A person who holds or who has held, 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. (7) If at any election under clauses (b) or (c) of sub-section (3), the electors fail to elect the requisite number of members, the State Government shall nominate such registered 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. (8) Where any dispute arises regarding any election of a member or the President or the Vice-Presidents, 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 a Council to be called the Maharashtra Council for Occupational Therapy and Physiotherapy. (2) The Council constituted under sub-section (1), shall be a body corporate having perpetual succession and a common seal, with powers to acquire, hold or dispose of property, both movable and immovable, and to contract, and may sue or be sued by its corporate name. (3) The Council shall consist of the following members, namely :- (a) The Director of Medical Education and Research, Ex Officio member. (b) Two members from occupational therapists to be elected from amongst the registered practitioners in the Register of Occupational Therapists. (c) Four members from physiotherapists to be elected from amongst the registered practitioners enrolled in the Register of Physiotherapists : Provided that, the election of the members referred to in clauses (b) and (c) shall be held at such time and at such place and in such manner as may be prescribed : 1[Provided further that, the first election for the election of the members referred to in clauses (b) and (c) shall be held within a period of two years from the date of commencement of this Act :] 2[Provided also that], pending the preparation of the Registers in accordance with the provisions of this Act, for holding election of those registered members on coming into force of this Act, the members referred to in clauses (b) and (c) may be nominated by the Government till the election and appointment of the elected members. (d) One occupational therapist from the recognised teaching institutions in the State, to be nominated by the Government. (e) One Physiotherapists from the recognised teaching institutions in the State, to be nominated by the Government. (f) One person from the field of Occupational Therapy and one person from the field of Physiotherapy to be nominated by the Government. (g) Registrar appointed under section 14 shall be the Member-Secretary. (4) The President shall be elected by the members of the Council from amongst themselves. (5) There shall be two Vice-Presidents, one representing Occupational Therapists and another representing physiotherapists to be known as Vice-President (Occupational Therapy) and Vice-President (physiotherapy), respectively, elected by the members of the Council from amongst themselves. (6) A person who holds or who has held, 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. (7) If at any election under clauses (b) or (c) of sub-section (3), the electors fail to elect the requisite number of members, the State Government shall nominate such registered 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. (8) Where any dispute arises regarding any election of a member or the President or the Vice-Presidents, it shall be referred to the State Government, and the decision of the State Government shall be final.

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