Section 3A in The Indian Medical Council Act, 1956
3A. [ Power of Central Government to supersede the Council and to constitute a Board of Governors.- [Inserted by Act 32 of 2010]
(1)On and from the date of commencement of the [Indian Medical Council (Amendment) Act, 2019], the Council shall stand superseded and the President, Vice-President and other members of the Council shall vacate their offices and shall have no claim for any compensation, whatsoever.(2)The Council shall be reconstituted in accordance with the provisions of section 3 within a period of [two years] [Substituted 'three years' by Act No. 12 of 2019, dated 16.7.2019.] from the date of supersession of the Council under sub-section (1).(3)Upon the supersession of the Council under sub-section (1) and until a new Council is constituted in accordance with section 3, the Board of Governors constituted under sub-section (4) shall exercise the powers and perform the functions of the Council under this Act.(4)The Central Government shall, by notification in the Official Gazette, constitute the Board of Governors which shall consist of not more than [twelve persons] [Substituted 'seven persons' by Act No. 12 of 2019, dated 16.7.2019.] as its members, who shall be persons of eminence and of unimpeachable integrity in the fields of medicine [and medical education or proven administrative capacity and experience] [Substituted 'and medical education' by Act No. 12 of 2019, dated 16.7.2019.], and who may be either nominated members or members, ex officio, to be appointed by the Central Government, one of whom shall be named by the Central Government as the Chairperson of the Board of Governors.(5)The Chairperson and the other members, other than the members, ex officio, shall be entitled to such sitting fee and traveling and other allowances as may be determined by the Central Government.(6)The Board of Governors shall meet at such time and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as is applicable to the Council.(7)Two-third of the members of the Board of Governors shall constitute the quorum for its meetings.(7A)[ The Board of Governors shall be assisted by a Secretary General who shall be appointed by the Central Government on deputation or contract basis and he shall be the head of the secretariat in the Council.] [Inserted by Act No. 12 of 2019, dated 16.7.2019.](8)No act or proceedings of the Board of Governors shall be invalid merely by reason of-(a)any vacancy in, or any defect in the constitution of, the Board of Governors; or(b)any irregularity in the procedure of the Board of Governors not affecting the merits of the case.(9)A member having any financial or other interest in any matter coming before the Board of Governors for decision shall disclose his interest in the matter before he may, if allowed by the Board of Governors, participate in such proceedings.(10)The Chairperson and the other members of the Board of Governors shall hold office during the pleasure of the Central Government.]
