(1)With effect from such date as the State Government may, by notification in the Official Gazette, notify in this behalf, there shall be established for the purposes of this Act a Council to be called "the Council of Homoeopathic System of Medicine, Gujarat". The Council 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 to do all things necessary for the purposes of this Act.(2)The Council shall consist of eleven members including the President, and shall be constituted in the following manner, namely:-(a)[ five members shall be nominated by the State Government who are the registered practitioners; [Clauses (a) and (b) substituted by Gujarat 16 of 2008, dated 30th September 2008](b)six members shall be elected from the common electoral roll prepared for the purpose, of the registered practitioners and enlisted practitioners from amongst themselves;][***] [Clause (c) deleted by Gujarat 16 of 2008, dated 30th September 2008]Provided that the Council to be constituted for the first time under this Act shall consist of nine members, including the President, nominated by the State Government, seven members being persons from amongst registered practitioners.(3)If at any election, the electors fail to elect the requisite number of members to the Council, 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, for the purpose of sub-section (2), be deemed to have been duly elected under the said sub-section.(4)The President of the Council shall be elected by the members of the Council from amongst themselves in the prescribed manner:Provided that the President of the Council constituted for the first time under the proviso to sub-section (2) shall be nominated by the State Government from amongst the members of such Council.
