4. [ Constitution of the Council.] [Section 4 substituted by West Bengal Act 16 of 1954.] - [(1) The Council shall consist of the following members, namely:-] [[Sub-Section (1) substituted by W.B Act 36 of 1989, which was earlier as under:-
'(1) The Council shall consist of the following members, namely:-(a)four members to be nominated by the State Government;(b)two members to the elected by and from among the members of the Faculty of Medicine of the University of Calcutta:(c)two members to be elected by and from among the members of the Governing Body of the State Medical Faculty of West Bengal so long as that body continues to hold qualifying examinations in medicine;(d)two members to be elected by and from among themselves by the Principals, Professors, Associate Professors, Assistant Professors, Lecturers and Readers in Medical Colleges affiliated to the University of Calcutta and Visiting Surgeons and Visiting Physicians having independent charge of beds in the hospitals attached to such colleges:Provided that no person shall be eligible for election under clause (b), clause (c) or clause (d) unless he has had at least five years' experience as a Principal, Professor, Associate Professor, Assistant Professor, Lecturer or Reader in Medical Colleges or Post-Graduate Medical Institutions affiliated to the University of Calcutta or as a Visiting Surgeon or Visiting Physician having independent charge of beds in the hospitals attached to such colleges or Institutions;(e)nine members to be elected by registered practitioners from among themselves:Provided that of the members to be elected under this clause, not less than four shall be either Graduates or Licentiates in medicine of the University of Calcutta:Provided further that no registered practitioner shall be entitled to vote or stand as a candidate for election at an election of members to be elected under this clause unless he-(i)is a citizen of India; and(ii)either resides or carries on his profession or is employed in West Bengal.'.]](a)three members to be nominated by the State Government;(b)one member to be elected from amongst themselves by such members of the authorities of each of the Universities as are registered practitioners;(c)two members to be elected from amongst themselves by the members of the Governing Body of the State Medical Faculty of West Bengal so long as that body continues to hold qualifying examinations in Medicine;(d)the Director of Medical Education and ex officio Secretary, Department of Health and Family Welfare, Government of West Bengal, ex officio;(e)the President, Indian Medical Association, West Bengal State Branch, ex officio;(f)the Dean of the Faculty Council for Post-Graduate Studies in Medicine of each University, ex officio;(g)seven members, of whom at least one shall be from each of the Universities outside Calcutta, to be elected by the Principals, Professors, Associate Professors, Readers, Assistant Professors and Lecturers of Medical Colleges affiliated to the Universities from amongst themselves.Explanation. - "Calcutta" shall have the same meaning as in the Calcutta Municipal Corporation Act, 1980;(h)nine members, of whom not less than five shall be graduates and not less than two shall be Licentiates in Medicine, to be elected by the registered practitioners from amongst themselves:Provided that no registered practitioner shall be entitled to vote or stand as a candidate for election at an election of members under this clause unless he-(i)is a citizen of India; and(ii)either resides or carries on his profession or is employed in West Bengal.Explanation. - For the purposes of this sub-section, "University" shall mean a University, constituted under an Act of the State Legislature, which awards degrees in the subject of medicine.(2)If a person is elected as a member under more than one of the clauses of sub-section (1), he shall, within such period as may be prescribed by rule made in this behalf under section 33, inform the Registrar under which of the clauses he desires to be treated as elected and thereupon he shall be deemed to have been elected under that clause and the seat to which he was elected under any other clause shall be deemed to be vacant. Until he so informs the Registrar he shall not be entitled to act as a member; and in the event of his failure to inform the Registrar within the prescribed period, every seat to which he was elected shall be deemed to be vacant.
