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Union of India - Act

Central Council of Homoeopathy (General) Regulations, 2018

UNION OF INDIA
India

Central Council of Homoeopathy (General) Regulations, 2018

Rule CENTRAL-COUNCIL-OF-HOMOEOPATHY-GENERAL-REGULATIONS-2018 of 2018

Published on 15 November 2018
Commenced on 15 November 2018
[This is the version of this document from 15 November 2018.]
[Note: The original publication document is not available and this content could not be verified.]

Central Council of Homoeopathy (General) Regulations, 2018Published vide Notification No.7-1/90-CCH(Part 2), dated 15.11.2018Last Updated 27th April, 2019No.7-1/90-CCH(Part II). - In exercise of the powers conferred, by clauses (b) to (g) of sub- section (1) of section 33 of the Homoeopathy Central Council Act, 1973 (59 of 1973) and in supersession of the Central Council of Homoeopathy (General) Regulations, 1984, except as respects things done or submitted to be done before such supersession, the Central Council of Homoeopathy, with the previous sanction of the Central Government, hereby makes the following regulations, namely: -

1. Short title and commencement.

(1)These regulations may be called the Central Council of Homoeopathy (General) Regulations, 2018.

(2)They shall come into force on the date of their publication in the official Gazette.

2. Definitions.

(1)In these regulations, unless the context otherwise requires, -

(a)"Act" means the Homoeopathy Central Council Act, 1973 (59 of 1973);

(b)"employee" means the persons employed under clause (b) of section 11.

(c)"Executive Committee" or "Committee" means the Executive Committee or committee constituted under sub-section (1) of section 9;

(d)"inspector" means a medical inspector appointed under sub-section (1) of section 17;

(e)"member" means a member elected under section (1) of section 3;

(f)"President" means the President of the Central Council elected under sub-section (2) of section 3;

(g)"Vice-President" means the Vice-President of the Central Council elected under sub-section (2) of section 3;

(h)"Registrar" or "Secretary" means the Registrar of the Central Council appointed under clause (a) of section 11, also acting as the Secretary of the Central Council;

(i)"section" means section of the Act;

(j)"visitor" means a visitor appointed under sub-section (1) of section 18;

(2)The words and expressions used herein and not defined but defined in the Act shall have the respective meanings assigned to them in the Act.

3. Office of Central Council.

- The office of the Central Council shall be situated in Delhi.

4. Time Place and preparation of business at meetings of Central Council.

(1)Meetings of the Council shall ordinarily be held at Delhi or at such other places and on such dates and time as may be decided by the Central Council:Provided that the President may call a special meeting at any time on [minimum of seven days] [Substituted 'fifteen days' by Notification No. 7-2/2018-CCH, dated 25.4.2019 (w.e.f. 15.11.2018).] notice -

(i)to deal with any urgent matter requiring the attention of the Central Council;

(ii)for a purpose referred to in clause (b) of sub-regulations (1) of regulation;

(iii)on a requisition signed by not less than fifty percent of the total members of the Central Council for a purpose which is within the scope of the Central Council's functions, not being a purpose referred to in clause (ii).

(2)The first meeting of the Central Council held in any financial year shall be the Annual Meeting of the Central Council for that year.

(3)In the special meetings as referred in proviso to sub-regulation (1), only the subject for which the meeting has been called, shall be discussed.

5. Notice of Meetings.

(1)Notice of every meeting other than a special meeting called under the proviso to sub-regulation (1) of regulation 4, or under the first proviso to regulation 8 shall be dispatched by the Secretary to each member not less than [fifteen days] [Substituted 'forty five days' by Notification No. 7-2/2018-CCH, dated 25.4.2019 (w.e.f. 15.11.2018).] before the date of the meeting.

(2)Notice of every meeting of the Central Council shall be dispatched by registered post and non receipt of any notice, shall not, however invalidate, the proceedings of any meeting, and the notice may also be e-mailed to the members.

6. Agenda papers.

(1)The Secretary shall issue with the notice of the meeting a preliminary agenda paper showing the business to be brought before the meeting, the terms of all motions to be moved of which notice in writing has previously reached him and the names of the movers.

(2)A member who wishes to move any motion not included in the preliminary agenda paper or an amendment to any item so included shall give notice thereof to the Secretary not less than [seven] [Substituted 'fifteen' by Notification No. 7-2/2018-CCH, dated 25.4.2019 (w.e.f. 15.11.2018).] clear days before the date fixed for the meeting.

(3)The Secretary shall not less than [seven] [Substituted 'fifteen' by Notification No. 7-2/2018-CCH, dated 25.4.2019 (w.e.f. 15.11.2018).] clear days before the date fixed for the meeting and in the case of a special meeting with the notice of the meeting, issue a complete agenda paper showing the business to be brought before the meeting.

(4)A member who wishes to move an amendment to any item included in the complete agenda paper, but not included in the preliminary agenda paper shall give notice thereof to the Secretary not less than three clear days before the date fixed for the meeting.

(5)The Secretary shall, if time permits, cause a list of all amendments, of which notice has been given under sub-regulation (4) to be made available for the use of every member:Provided that the President may, if the Central Council agrees, allow a motion to be discussed at a meeting notwithstanding the fact that notice was received to admit of compliance with this regulation:Provided further that nothing in this regulation shall operate to prevent under special circumstances the reference by the Executive Committee of any matter to the Central Council at a meeting following immediately or soon after the meeting of the Executive Committee to permit of the notice required under this regulation.

7. Admissibility of motion.

(1)The President shall disallow any motion. -

(i)if the matter to which it relates is not within the scope of the Central Council's functions;

(ii)if it raises substantially the same question as a motion or amendment which has been moved or withdrawn with the leave of the Central Council within one year of the date of the meeting at which it is to be moved:

Provided that such a motion may be admitted at special meeting of the Central Council convened for the purpose on the requisition of not less than two thirds of the members of the said Council:Provided further that nothing in these regulations shall operate to prohibit the further discussion of any matter referred to the Central Council by the Central Government in the exercise of any of its functions under the Act;

(iii)unless it is clearly and precisely expressed and raises substantially one definite issue;

(iv)if it contains arguments, inferences, ironical expressions, imputations or defamatory statements:

Provided that if a motion can be rendered admissible by amendment, the President may in lieu of disallowing the motion admit it in an amended form.

(2)When the President disallows or decides a motion, the Secretary shall inform the member, who gave the notice of the motion of the order of disallowance or as the case may be of the form in which the motion has been admitted.

8. Conduct of business at meetings of Central Council.

(1)Every meeting of the Central Council shall be presided over by the President, or if he is absent, by the Vice-President or, if both the President and the Vice-President are absent, by a Chairperson to the elected by the members present from amongst themselves.

(2)All references in provision to the President shall be read as referring to the person for the time being presiding over a meeting.

9. Quorum for meeting.

- If, at the time appointed for a meeting, a quorum is not present, the meeting shall not commence until a quorum is present, and if a quorum is not present, on the expiration of thirty minutes from the time appointed for the meeting or during the course of any meeting, the meeting shall stand adjourned to such future time and date as the President may appoint, and one third of the total members of the Central Council shall constitute a quorum.

10. Voting by show of hands or by ballot.

(1)Every matter shall be determined on a motion moved by a member and put to the Central Council by the President.

(2)Votes shall be taken by show of hands or by ballot, as the President decides:Provided that votes shall be taken by ballot if five members so desire and ask for it in writing:Provided further that if voting has been by show of hands, a division shall be taken if at least one member asks for it.

11. Identical motions.

- When motions identical in purport stand in the names of two or more members, the President shall decide whose motion shall be moved and the other motion or motions shall thereupon be deemed to be withdrawn.

12. Motion to be seconded.

(1)Every motion or amendment shall be seconded and if not seconded shall be deemed to have been withdrawn.

(2)When a motion has been seconded it shall be stated from the Chair.

(3)When a motion has been thus stated, it may be discussed as a question to be resolved either in the affirmation or in the negative or any member may, subject to regulations 13 and 14, move an amendment to the motion:Provided that the President shall not allow an amendment to be moved which, if it has been a substantive motion, would have been inadmissible under regulation 5.

13. Amendment must be relevant to motion.

(1)An amendment must be relevant to and within the scope of the motion to which it is proposed.

(2)An amendment may not be moved which has merely the effect of a negative vote.

(3)The President may refuse to put to the Central Council an amendment which in his opinion is frivolous.

14. Motion how to be amended.

- A motion may be amended by the omission, insertion, addition or substitution of word or figure.

15. Proposal in relation to motion.

- When a motion or amendment is under debate, no proposal with reference thereto shall be made other than an amendment of the motion or the amendment as the case may be, as provided in regulation 12.

16. Motion, etc. how to be withdrawn.

- A motion or an amendment which has been moved and seconded, shall not be withdrawn save with the leave of the Central Council which shall not be deemed to be granted, if any member dissents from the granting of leave.

17. Order of speaking on motion.

- When a motion has been moved and seconded, members other than the mover and the seconder may speak on the motion in such order as the President may direct:Provided that the seconder of a motion or of an amendment may, with the permission of the President, confine himself to seconding the motion or amendment, as the case may be, and speak thereon at any subsequent stage of the debate.

18. Objection, etc. by President.

- During the meeting, the President may, at any time, make any objections or suggestions or give information to elucidate any point to help the members in the discussion.

19. Members how to speak on motion or amendment.

(1)The mover of an original motion, and if permitted by the President, the mover of any amendment, shall be entitled to a right of final reply, and no other member shall speak more than once to any debate except with permission of the President, for the purpose of making a personal explanation or of putting a question to the member than addressing the Central Council:Provided that any member at any stage of the debate may rise to a point of order, but no speech shall be allowed on that point:Provided further that a member who has spoken on a motion may speak again on the amendment subsequently moved to the motion.

(2)No member shall, save with the permission of the President, speak for more than five minutes:Provided that the mover of a motion when moving the same may speak for ten minutes.

(3)A speech shall be strictly confined to the subject matter of the motion or amendment on which it is made.

(4)Any motion or amendment standing in the name of a member who is absent from the meeting or unwilling to move it, may be brought forward by another member with the permission of the President.

20. Observations by member.

(1)A member desiring to make any observations on the matter before the Council, shall rise in his place and address the President, with his permission.

(2)If at any time the President rise, any member speaking shall immediately resume his seat.

21. Members to be heard on business.

- No member shall be heard except upon the business before the Central Council.

22. Amendments to motion.

(1)When an amendment to any motion is moved and seconded or when two or more such amendments are moved and seconded, the President shall, before taking the sense of the Central Council thereon state or read to the said Council the terms of the original motion and of the amendment or amendments proposed.

(2)An amendment to a motion shall be put to the vote first.

(3)If there be more than one amendment to a motion the President shall decide in what order they shall be taken.

23. Motion involving several points.

- When any motion involving several points has been discussed it shall be in the discretion of the President to divide the motion, and put each or any point separately to the vote as he may think fit.

24. Adjournment of meetings.

(1)The President may, if he deems necessary due to exigencies, at any time, adjourn any meeting to any future day or to any hour of the same day and state the reasons therefor.

(2)Whenever a meeting is adjourned to a future day, the Secretary shall, if possible, send notice of the adjournment to every member who was not present at such meeting.

(3)When a meeting has been adjourned to a future day the President may change such day to any other day for compelling reasons and the Secretary shall send written notice of the change to each member.

(4)At a meeting adjourned to a future day any motion standing over from the previous day shall, unless the President otherwise directs, take precedence over other matters on the agenda.

(5)The President or a member may suggest a change in the order of business on the agenda, either at the beginning of the meeting or after the conclusion of the debate on a particular item during the meeting and if the Central Council agrees, such a change shall be made.

(6)The matter which had not been on the agenda of the original meeting shall be discussed at an adjourned meeting after completion of agenda of the original meeting.

(7)The same quorum shall be necessary for an adjourned meeting as for an ordinary meeting.

25. President to decided points of orders.

(1)The President shall decide all points of order which may arise, and his decision shall be final.

(2)If any question arises with reference to procedure in respect of a matter for which these regulations make no provision, the President shall decide the same and his decision shall be final.

(3)The President shall direct any business, which it may be necessary for the Central Council or the Executive Committee to discuss and decide, to be transacted by circulation among the members of the said Council or the Executive Committee:Provided that if ten members of the Central Council or three members of the Executive Committee, as the case may be, desire that any particular subject shall be decided at a meeting instead of by circulation, it shall be placed before a meeting of the Central Council or the Executive Committee.

(4)Any resolution or business which is circulated as stated above and approved by a majority of the members signing, shall be binding as a resolution adopted, as if, in a meeting of the Central Council or the Executive Committee.

26. Press representatives and other guests at meeting.

- Four representatives of the press at the discretion of the President and other guests, not exceeding four at a time, may be admitted to the meeting on production of permits from the Secretary and the press representatives shall be required to obtain the previous approval of the Secretary to the publication of their report of the proceedings, and the President may, at any time, hold the meeting in camera in which case all guests shall be required to withdraw.

27. Motions or decisions to be in printed form.

- The motions or decisions adopted in the meetings of the Central Council shall be preserved in the form of printed minutes which shall be authenticated by the President.

28. Minutes to be attested by President.

- A copy of the minutes of each meeting shall be submitted to the President within fifteen days of the meeting and attested by him and they shall then be sent to each member within thirty days of the meeting.

29. Content of the minutes.

- The minutes of each meeting shall contain such motions and amendments as have been moved and adopted or negative, with reasons, with the name of the mover and the seconder, but without any comment and without any record of observations made by any member at the meeting.

30. Objections regarding minutes.

- If any objection regarding the correctness of the minutes is received within thirty days of the dispatch of the minutes by the Secretary, such objection together with the minutes as recorded and attested shall be put before the next meeting of the Central Council for confirmation and at this meeting no question shall be raised except as to the correctness of the minutes of the meeting:Provided that if no objection regarding a decision taken by the Central Council at a meeting is received within thirty days of the dispatch by the Secretary on the minutes of that particular meeting, such decision shall be put into effect:Provided further that the President may direct that action be taken on a decision of the Central Council before the expiry of the period of thirty days mentioned above.

31. Volumes of minutes.

- The minutes of the meetings shall, as soon as is practicable after their confirmation, be made up in sheets and consecutively paged for insertion in a volume which shall be permanently preserved and a copy of volumes shall be supplied free to each member of the Central Council, and such copies may be sold to the public at a price to be fixed by the Central Council.

32. Proceedings of the meeting to be kept in accurate manner.

- The proceedings containing the observations and details of the discussions held at the meeting of the Central Council, which shall be authenticated by the President, shall be kept in a manner as accurate as possible in the office for the members of the said Council and shall be open to members for inspection, and a copy of the proceedings in full or in part shall be supplied to a member on request without levy of cost.

33. Powers and duties of President.

(1)The President shall exercise such powers and perform such duties as are provided in the Act, the regulations, and standing orders of the Central Council and he shall do such acts as he considers necessary in furtherance of the objects for which the Central Council is established and the President, who shall be the head of the office, shall have the authority to sanction an amount of twenty thousand rupee in each case, and beyond twenty thousand rupee the President may sanction amount as per the recommendations of the concerned committee from the sanctioned budget.

(2)In case of urgency, the President may take the necessary action and intimate the fact to the Executive Committee and the Central Council:Provided that no such action shall be taken in anticipation of approval in matters of major policy or principle.

34. Vice President when to exercise powers, etc. of President.

- If the office of the President is vacant or if the President for any reason is unable to exercise the powers or perform the duties of his office, the Vice-President shall act in his place and shall exercise the powers and perform the duties of the President.

35. Resignation by member.

- A member desiring to resign his seat on the Central Council shall send his resignation in writing to the President and his resignation shall take effect from the date specified by him in this behalf or from the date of receipt of his letter by the President whichever is later, after confirmation from the member concerned.

36. Resignation by Vice President.

- If the Vice-President desires to resign from his seat in the Central Council, he shall send his resignation in writing to the President and his resignation shall take effect from the date specified by him or the date of acceptance by the President whichever is later, after confirmation from the Vice-President.

37. Reporting of casual vacancy.

- When a casual vacancy occurs by reason of death or resignation of the Vice President or a member, a report shall be made forthwith by the President to the Central Government for necessary action.

38. Procedure for meetings of Executive Committee.

- When a casual vacancy occurs by reason of death or resignation of the Vice-President, a report shall be made forthwith by the President to the Central Government for necessary action

39.

The meetings of the Executive Committee shall be generally governed by the regulations applicable to the meetings of the Central Council.

40. Quorum for Executive Committee.

(1)If at the time fixed for a meeting of the Executive Committee a quorum is not present, the meeting shall not commence until a quorum is present, and if a quorum is not present on the expiration of an hour from the time fixed for the meeting or during the course of any meeting, the meeting shall stand adjourned to such future date and time as the President may fix,

(2)one third of the total members of the Executive Committee shall form a quorum.

41. Member when the act as Chairperson.

- If both the President and the Vice-President are absent the members present shall elect one of the members present to act as Chairperson.

42. Quorum not necessary at adjourned meeting.

- When a meeting of the Executive Committee is adjourned for want of quorum, no quorum shall be necessary at the adjourned meeting.

43. Duration of Executive Committee.

(1)The term of the Executive Committee shall be for five years from the date of its constitution by election of its members from amongst members in the Central Council:Provided that if any casual vacancy occurs in the Executive Committee by reasons of death or resignation or cessation of membership of the Central Council or for any other reason, the vacancy shall be filled up for the remaining period by election from amongst members of the Central Council".

(2)A member of the Executive Committee shall be eligible for re-election.

44. President may invite member to attend meeting of Executive Committee.

- The President may invite a member of the Central Council, who is not a member of the Executive Committee to attend any meeting of the Executive Committee and any member so invited shall be free to participate in the discussions of the Executive Committee but shall not have the right to vote.

45. Time, place, etc. of meeting of Executive Committee.

(1)The meeting of the Executive Committee shall take place at a time and place as the President shall determine.

(2)Notice and Agenda of such a meeting of the Executive Committee shall ordinarily be issued not less than [seven days and five days] [Substituted 'twenty one days and twelve days' by Notification No. 7-2/2018-CCH, dated 25.4.2019 (w.e.f. 15.11.2018).] respectively before the meeting:Provided that on a resolution signed by not less than four members of the Executive Committee for a purpose which is within the scope of the functions of the Executive Committee, the President may call a special meeting at any time on the notice of [three days] [Substituted 'ten days' by Notification No. 7-2/2018-CCH, dated 25.4.2019 (w.e.f. 15.11.2018).].

46. Executive Committee to consider report.

- The Executive Committee shall consider the report on any subjects referred to it by the Central Council or by the President.

47. Consideration of reports of course of study, etc.

- The Executive Committee shall take into consideration the reports of the course of study, facilities for teaching and examinations submitted by inspectors or visitors and shall thereupon prepare a report for submission to the Central Council.

48. Powers and functions of Executive Committee.

- The Executive Committee shall exercise all the powers in the implementation of the decisions of the Central Council and shall have the power to take decisions in all matters except those falling in the sphere of other committees and it shall also perform all the functions of the Central Council of administrative nature

49. Minutes of meeting of Executive Committee to be submitted to President.

(1)A copy of the minutes of each meeting of the Executive Committee shall be submitted to the President within fifteen days of the meeting, and after having been attested by him shall be sent to each member of the Executive Committee within twenty days of the meeting.

(2)If no objection to the correctness of the minutes is received within fifteen days of their dispatch, any decision therein shall be given effect to, and the minutes shall be sent to the members of the Central Council after confirmation by the Executive Committee:Provided that the President may direct that action be taken on a decision of the Executive Committee before the expiry of the period of fifteen days mentioned above.

50. Committees.

(1)The Central Council shall constitute the following committees, namely: -

(a)Education Committee;

(b)Regulations Committee;

(c)Finance Committee;

(d)Registration Committee;

(e)Post Graduate Committee.

(2)Each of the committees referred to in sub-regulation (1) shall have not more than seven members.

(3)The functions of each committee referred to in sub-regulation (1) shall be as under: -

(i)the Education Committee shall deal with all matters related to the syllabi, curriculum, teaching, examinations, result, readmission in examinations, eligibility, internship, qualification of teachers, strength of teaching faculty, departments, library, equipment, attached Homoeopathic Hospital (including Out Patient Department, In Patient Department, relevant facilities, staff and functioning) and other related matters to Under Graduate level education;

(ii)the Post Graduate Education Committee shall deal with all matters related to the syllabi, curriculum, teaching, examinations, result, readmission in examinations, eligibility, house job, qualification of teachers, strength of teaching faculty, departments, library, equipment, attached Homoeopathic Hospital (including Out Patient Department , In Patient Department, relevant facilities, staff and functioning) and other related matters to Post Graduate level education;

(iii)the Regulation Committee shall deal with all matters related to the Act and the regulations made there under;

(iv)the Finance Committee shall deal with making of Budget Estimates, Revised Estimates, Final Estimates, Annual Accounts and other matters related to finances of the Central Council;

(v)the Registration Committee shall deal with matters related to the Central Register of Homoeopathy, Direct Registration with the Central Council and all other matters related to registration.

(4)Each of the committees referred to in sub-regulation (1) shall have full powers, within the sphere of the functions assigned to it, to take decisions:Provided that the decisions of the said Committees shall be subject to ratification by the Central Council if, -

(i)the matters of large policy are involved ;

(ii)the decision of the Committee involves an expenditure on items exceeding twenty thousand rupees per annum from out of the sanctioned budget;

(iii)according to the provisions of the Act, regulations or Standing Order of the Central Council, orders of the said Council are necessary.

(5)The Chairperson of each of these committees shall be elected by the members of the respective committees.

(6)The President or in his absence the Presiding Authority shall depute one of its members as Returning Officer for the election of committees referred to in sub-regulation (1) and the Returning Officer so selected shall call upon the members present in the meeting to move a motion for constitution of each of the committees by stipulating a time frame which will be applicable for the day of the meeting, and in case of having proposals for more than seven names for a committee, the Returning Officer shall call upon for election by ballot among so named members as candidates for the concerned committee and after the counting of the ballots the Returning Officer shall declare the name of members of the committee who obtain the largest number of votes as elected.

(7)A motion for constitution of a committee referred to in sub-regulation(1) shall be moved wherein the mover shall propose the name of the members of the committee and any member may then move amendments proposing the addition of names of other members.

(8)If the number of members proposed as members of the committee does not exceed the total number of members to form the committee, the members so proposed shall be declared as unanimously elected members of the committee by the Returning Officer and if the number of members so proposed exceeds the total number of members to form the committee, election by ballot shall be held and the requisite number of members who obtain the largest number of votes shall be declared elected by the Returning Officer:Provided that in the event of two or more candidates securing the same number of votes and that number being more than the number of votes secured by any candidate other than the two or more securing the same number of votes, the determination as between such candidates shall be done by draw of lots and the candidate on whom the lot falls, shall be declared elected.

51.

(1)The Central Council may at any time, on the adoption of a motion to this effect, appoint any other committee.

(2)A motion for the constitution of such committee shall define the functions and powers of the committee and the number of its members.

(3)Any member may without notice move an amendment to such a motion proposing that the functions and powers or the number of its members be enlarged or reduced.

52. Proceedings of Committees.

(1)The proceedings of the committees shall be conducted in accordance with the provisions contained in foregoing regulations:Provided that such provisions may at any time be relaxed at the discretion of the Chairperson.

(2)A resolution passed by a committee constituted by the Central Council shall embodied in a report prepared by the Secretary or by the Chairperson at the latter's discretion, and when signed by the members of the committee shall, with any notes of dissent, be presented to the Central Council at its next meeting subject to the provisions of these regulations regarding notice.

53. Members of Committees.

(1)The number of members in each committee shall ordinarily not exceed seven.

(2)No member of the Central Council shall be elected or appointed on more than two committees.

(3)The term of office of an elected member of a Committee referred in sub-regulation (1) of regulation 50, shall be for two and a half years, for the members of Executive Committee from the date of his election or till the date his membership is ceased in the Central Council, whichever is earlier:Provided that if any casual vacancy occurs in a committee by reason of death or resignation or cessation of membership of the Central Council or for any other reason the vacancy shall be filled up for the remaining period by election from amongst the members of the Central Council.

(4)A member of a committee shall be eligible for re-election.

(5)The Chairperson of a Committee may resign from his office in writing addressed to the President and his resignation shall take effect from the date of its acceptance by the President.

(6)When a casual vacancy occurs by reason of death or resignation of the Chairperson, the Committee shall elect a new Chairperson for remaining term of such Committee.

(7)The Chairperson of a Committee may, with the consent of the President, invite not more than one member of the Central Council to attend any meeting of the Committee, who is not a member of that particular committee and the person so invited shall be free to participate in the discussions of the committee but shall not have the right to vote:Provided that where financial commitment is not involved, any number of members can be invited by the Chairperson of a committee with the consent of the President and such invited members shall be free to participate in the discussions of the committee but shall not have the right to vote.

54. Term of office of Registrar.

- The Terms of Office of the Secretary or Registrar shall be fixed by the Central Government at the time of appointment. He shall be retired on attaining the age of sixty years unless otherwise determined by the Central Government:Provided that he may be granted extension of service after 60 years for a total period not exceeding two years with the prior approval of the Central Government.

55. Duties of Registrar.

- The Registrar shall be the Executive Officer of the Central Council.

(i)He shall perform such duties as have been assigned in the Act and the regulations and also as assigned by the Central Government from time to time. He shall also be responsible for the safety of the property of the Council, the control and management of the office and for the accounts and correspondence.

(ii)He shall be responsible for maintaining the punctually in the Council and generally fulfill all such duties as may be required of him by the Central Council for the purposes of the Act. He shall attend and take notes of the proceedings of meetings of the said Council, the Executive Committee and other Committees.

56. Registrar to take note of impending vacancy.

- The Registrar shall, not less than ninety days before the expiry of the term of any member of the Council, draw the attention of the Central Government to the approaching vacancy in order that a new member may be nominated or elected to fill the vacancy from the date on which the vacancy occurred.

57. Retirement of Employees.

- The employees of the Council shall retire on attaining the age of sixty years:Provided that the Council may extend the tenure of a member of the ministerial or lower grade staff for any period not exceeding two years with the prior approval of Central Government .

58. Duties of Employees.

- The duties and responsibilities of the staff shall be such as may be laid down, from time to time, in the standing order as framed for the purposes by the Central Council with the prior approval of the Central Government.

59. Clerical etc. staff.

(1)Subject to the approval of the Executive Committee, the Registrar shall appoint the clerical and Group 'D' staff and may engage such temporary personnel, as may be required from time to time, and pay a reasonable rate of remuneration to such personnel, provided it does not exceed the rate sanctioned by the Central Government for corresponding permanent staff and these appointments shall be subject to ratification by the Central Government.

(2)All service rules and Conduct rules or any other rules as applicable to Central Government employees shall also be applicable to the staff of the Central Council.

60. Out Sourcing of work for specified period.

- Subject to the approval of the Executive Committee, the Registrar shall get the work done from an agency selected for outsourcing the manpower for a specified period.

61. Contractual Employees.

- Subject to the approval of the Executive Committee, the Registrar shall appoint an employee on contractual basis for a specified work, for a specified period and pay the remuneration as settled in advance:Provided that, the remuneration to such employees shall not exceed the rates sanctioned by the Central Government for appointing contractual employees in the corresponding cadre, and such appointment shall be subject to ratification by the Central Council.

62. Power of Executive Committee in respect of property of Central Council.

- Subject to the control of the Central Council, the Executive Committee shall have full power and authority to do all such acts and deeds in respect of the property of the Central Council which may be necessary or expedient for the purpose of the said Council and expend money therefrom, and in particular and without prejudice to the generality of this provision, the Executive Committee shall have power-

(i)to look after, manage and supervise the management of the property of the Central Council and to expend money required for that purpose;

(ii)to pay all rates, rents, taxes, salaries, allowances or other dues;

(iii)to acquire by gift, purchase, exchange, lease or otherwise hand over and to sell, mortgage or otherwise dispose of any lands, buildings and other moveable or immovable properties of the Central Council;

(iv)to build, construct, maintain, pull down, alter, extend, improve and repair any building or structure; and

(v)to delegate any of its powers to the President, Vice-President, committee, any authority or Officer of the Central Council:

Provided that the Executive Committee shall place before the next meeting of the Central Council full information about any action taken in respect of the moveable or immoveable property of the said Council:Provided further that no sale, lease deed or any other transfer of immoveable property as mentioned in clauses (iii) and (iv) exceeding ten lakh rupees in value shall be made without the previous sanction of the Central Council.

63. Benefactions, etc. to be received by Central Council.

- The Central Council is authorised to receive, for the purpose of its expenses, benefactions and contributions from private persons and bodies and the proceeds of the sale of reports and other publications.

64. Bankers of Central Council.

- The Bankers of the Central Council shall be the local branch of the State Bank of India or any Nationalised Bank or any other Bank authorised by the Central Government in this behalf.

(2)All funds of the Central Council shall be paid in to its account with any of the Bank referred to in sub-regulation (1) and shall be withdrawn by means of cheques jointly signed by the President or in his absence Vice-President and the Registrar.

65. Investment of Surplus funds.

- The funds of the Central Council surplus to current requirements may, on recommendation of the Registrar and Finance Committee and with the sanction of the Executive Committee, be invested, in a manner as decided by the Executive Committee and the Central Council, -

(i)in promissory notes, stock or other securities of the Government of India or any State Government;

(ii)in stock or debentures of or shares in companies, the interest whereon shall have been guaranteed by the Government of India;

(iii)in debentures or other securities for money issued under the authorities, of an Act of a legislature, established in India, by or on behalf of any Municipal Body, Port Trust or city improvement Trust.

66. Funds to be invested in name of Central Council.

- An investment of the funds of the Central Council shall be made in the name of the Central Council, and the safe custody receipts shall remain in the charge of the Registrar and shall be verified once in six months with the Register of Securities maintained under regulation 75 and a certificate of verification shall be recorded by the Registrar on the register and countersigned by the President.

67. Finance Committee to prepare estimates of receipts and expenditure.

- The Finance Committee shall prepare detailed estimates of receipts and expenditure for the next financial year and shall submit the same for approval by the Executive Committee at its next meeting to be held for the purpose before the first of September every year and one copy of the sanctioned estimates shall be submitted to the Central Council and another to the Secretary, Ministry of Ayurveda Yoga and Naturopathy, Unani, Siddha and Homoeopathy of the Central Government by the 1st of October every year.

68. Funds how to be appropriated.

- The funds of the Central Council shall not be appropriated for expenditure on any item which has not been duly sanctioned by the said Council or by the President or Registrar, as the case may be.

69. Primary units of appropriations.

- The Primary units of appropriations shall be "pay of officers", "pay of establishment", "allowance and honoraria", "contingencies" and "leave and pension or provident fund contribution".

70. President empowered to reappropriate funds from one unit of appropriation to another.

- The President shall have power to reappropriate funds from one unit of appropriation to another within the total sanctioned estimates and copies of orders sanctioning such reappropriation shall be communicated to the Executive Committee.

71. Registrar empowered to sanction miscellaneous, etc. expenditure.

- The Registrar shall have power to sanction expenditure on miscellaneous and contingent nature upto an amount not exceeding twenty thousand rupees in each case and expenditure in excess of that amount shall require the sanction of the President.

72. Permanent advance to Registrar.

- A permanent advance of one thousand rupees shall be made to the Registrar.

73. Registrar to be certifying officer for travelling etc. allowances.

- The Registrar shall be the certifying officer for traveling, halting and other allowances to members, Inspectors, visitors and employees of the Central Council, and the President for those of the Registrar.

74. Travelling allowances, etc. to members.

(1)The Central Council shall pay the Travelling Allowances or Daily Allowances, and conveyance charges to non-officials and officials members of the Central Council for undertaking the assignments and duties of the Central Council, as per sub-regulation (2).

(2)The President shall be the Controlling Authority in terms of Service Rules 195 of Travelling Allowances, Rules of the Government of India.

(3)The Official or non-official members of the Central Council shall be decided by the Central Government.

75. Registers of Central Council.

- The following registers of the Central Council shall be maintained, namely: -

(i)the Cash Book;

(ii)the register of Classified Abstract;

(iii)the register of Securities;

(iv)the register of Stock and Furniture;

(v)the register of Stock of Cheque Books;

(vi)the register of Leave and Pension Contribution;

(vii)the register of Permanent Advances;

(viii)the register of Annual Accounts;

(ix)Any other register.

76. Monthly accounts.

- Monthly accounts shall be compiled in the classified abstract according to the primary units of appropriation and suitable secondary units may be opened at the discretion of the Registrar who shall be responsible for the due preparation and maintenance of all accounts.

77. Accounts and audit.

(1)The accounts of the Central Council shall be audited annually by the Comptroller and Auditor-General of India or his nominee and if the Comptroller and Auditor General of India declines to undertake the auditing of the accounts of the Central Council, the Council may appoint a Chartered Accountant with the prior approval of the Central Government and any expenditure incurred in connection with such audit shall be payable by the said Council.

(2)The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Central Council shall have the same right, privileges and authority in connection with such audit as the Comptroller and Auditor-General has in connection with the audit of Government accounts and in particular shall have the right to demand the production of books, accounts, connected vouchers and other necessary documents and papers.

(3)The result of the audit shall be communicated by the auditor to the Central Council and after the Executive Committee has considered the same, the audit report and the audited statement of accounts shall be forwarded to the Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy, Government of India and copies of the audit report shall at the same time be circulated to all the members of the Central Council, for information:Provided that if release of Government grant is held up for want of audited accounts, President may forward the audited accounts to the Central Government immediately on receipt of the same from the Auditor.

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