Section 36 in Maharashtra Homoeopathic Practitioners' Act, 1960
36. Control of State Government.
(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.](2)Notwithstanding anything contained in this Act, rules, regulations or by-laws if at any time it shall appear to the State Government that the [Council] [This word was substituted for the words 'Board or the Court' by Maharashtra 16 of 1988, Section 38(b).] or any other authority empowered to exercise any of the powers or to perform any of the functions under this Act, has not been validly constituted or appointed, the State Government may cause any of such powers or functions to be exercised or performed by such person in such manner and for such period not exceeding six months and subject to such conditions as it thinks fit.(3)[ The Administrator shall be paid from the fund of the Council such salary and allowances as the State Government may from time to time determine.] [Sub-section (3) was added by Maharashtra 16 of 1988, Section 38(c).]
