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State of Gujarat - Section

Section 3 in The Gujarat Medical Practitioners' Act, 1963

3. Constitution and incorporation of Board.

(1)With effect from such date as the State Government may, by notification in the Official Gazette, notify, there shall be established for the purposes of this Act, a Board to be called "The Gujarat Board of Ayurvedic and Unani Systems of Medicine". The Board shall be a body corporate and have perpetual succession and a common seal, and may by the said name sue and be sued, and shall be competent to acquire and hold property, both moveable and immovable, and to contract and do all things necessary for the purposes of this Act.
(2)The Board shall consist of eleven members including the President, and shall be constituted in the following manner, namely:-
(a)four members shall be nominated by the State Government, out of whom at least three shall be registered practitioners;
(b)seven members shall be elected by the registered practitioners as follows, that is to say,-
(i)three members shall be elected by registered practitioners who hold any of the recognised qualifications, from amongst themselves, and
(ii)four members shall be elected by the remaining registered practitioners, from amongst themselves:
Provided that, at the end of the expiration of every five years from the date of commencement of this Act, the State Government may, by order, so divide the number of members to be elected under paragraphs (i) and (ii) amongst the registered practitioners who hold any of the recognised qualifications, and the remaining registered practitioners, as to be as near as possible in proportion to their numbers on the register at that time, so however that the total number of members elected under paragraphs (i) and (ii) shall remain seven:Provided further that, any such order shall not affect the constitution of the Board which may be functioning at such time but shall apply to the Board to be constituted next thereafter.
(3)If at any election, the electors fail to elect the requisite number of members to the Board, the State Government shall nominate such registered practitioners as it deems fit, to fill the vacancies which remain unfilled after the election, and the practitioners so nominated shall be deemed to have been duly elected under sub-section (2).
(4)The President of the Board shall be elected by the members from amongst themselves.
(5)The election of members of the Board under this section shall be held at such time, and at such place, and in such manner as may be prescribed.
(6)Notwithstanding anything contained in the foregoing provisions of this section,-
(i)in respect of the constitution of the Board for the first time under this Act, the President and members thereof shall be nominated by the State Government;
(ii)the President and other members so nominated shall hold office for such period not exceeding three years in the aggregate as the State Government may, by notification in the Official Gazette, specify.