Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Section 36] [Entire Act]

State of Maharashtra - Subsection

Section 36(1) in Maharashtra Homoeopathic Practitioners' Act, 1960

(1)If at any time it appears to the State Government that the [Council] [This word s substituted by Maharashtra 16 of 1988, Section 38(a)(i).] has failed to exercise or has exceeded or abused any of the powers conferred upon it by or under this Act, or has failed to perform any of the duties conferred upon it, by or under this Act, or has otherwise ceased to function or has become incapable of functioning, the State Government may, if it considers such failure, excess or abuse to be of a serious character, notify the particulars thereof to the [Council] [This word s substituted by Maharashtra 16 of 1988, Section 38(a)(i).] and if the [Council] [This word s substituted by Maharashtra 16 of 1988, Section 38(a)(i).] fails to remedy such failure, excess or abuse within such time as the State Government may fix in this behalf, the State Government may dissolve the [Council] [This word s substituted by Maharashtra 16 of 1988, Section 38(a)(i).], and cause all or any of the powers or duties of the [Council] [This word s substituted by Maharashtra 16 of 1988, Section 38(a)(i).] to be exercised and performed by such person and [for such period not exceeding two years as it may think fit, which period may, if the State Government think fit be extended by it, from time to time, so however, that the total period does not exceed [seven years] [These words were substituted for the words 'for such period not exceeding two years as It may think fit and' by Maharashtra 24 of 1975, Section 2.] in the aggregate, and the State Government] shall take steps to constitute a [new Council] [These words were substituted for the words 'new Board or Court, as the case may be' by Maharashtra 17 of 1988, Section 38(a)(ii)]:[Provided that, the term of office of the person so appointed and holding office on the commencement of the Bombay Homoeopathic and Biochemic Practitioners (Second Amendment) Act, 1988 shall be deemed to extend or to expire with the date immediately preceding the date of the first meeting of the Council constituted after such commencement.] [This proviso was added by Maharashtra 19 of 1988, Section 24.]