Section 3 in Uttarakhand Medical Council Act, 2002
3. Constitution, Functions and Powers of The Council.
- Constitution and incorporation of the council:-(1)With effect from such date as the Government may, by notification in the official Gazette notify, there shall be constituted for the purposes of this Act a council to be called "the Uttarakhand Medical Council".(2)The council shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, whether movable or immovable, and to contract and to do all things necessary for the purposes of this Act, and may by the name a foresaid sue or be sued.(3)The council shall consist of the following members namely:(a)Six members having register able qualifications as prescribed in the Indian Medical council Act, 1956(central Act 102 of 1956) to be nominated by the Government.(b)One member from each medical college in Uttarakhand which is recognized by the Medical Council of India, elected from teachers of the medical faculty of that college.(c)Four members to be elected by registered practitioners from amongst themselves including one member elected by the Uttarakhand Medical Association :Provided that no registered practitioner shall be entitled to vote or stand as a candidate for election, unless:(i)He/ she is a citizen of India;(ii)He /she either resides or carries on his profession or is employed in Uttarakhand.(d)Deans of the Medical faculty of the universities of Uttarakhand as ex-officio member and;(e)Director General of Health Services of the Uttarakhand Government as ex-officio member.(4)The president and Vice president of the council shall be elected by the members from amongst themselves.(5)The election of the members and of the president and Vice president shall be held at such time, and at such place, and in such manner, as may be prescribed.(6)If at any election, the electors fail to elect the requisite number of members, or the president or the Vice president, the Government shall nominate members from amongst persons qualified to be elected as members of the respective category, as it deems fit, to fill in the vacancy or vacancies; and the persons so nominated shall be deemed to have been elected for such time the vacancies are filled in on regular basis under this section.(7)Where any dispute arises regarding any election of a member or of the president or Vice president, it shall be referred to the Government, and the decision of the Government shall be final.(8)Notwithstanding anything contained in sub-section(3)-(a)In respect of the constitution of the council for the first time under this Act, the members thereof shall be nominated by the Government from amongst persons qualified to be elected or nominated as members of the respective category; and(b)The member so nominated shall hold office for such period not exceeding three years in the aggregate as the Government may, by notification in the official Gazette, specify.
