(@) all the members of the committee shall, notwithstanding that their term of office had not expired, as from the date of dissolution, vacate their offices as such members; (8) all powers and duties which may, by of under the provisions of this act, be exercised or performed by or on behalf of the committee, during the $ period of dissolution, be exercised and performed by such person ar persons as the central government may think fit from amongst the members of the central council: a provided that the term of office of the person or persons so appointed under this sub-section shall not exceed a period of six months or til the time a new committee is constituted, whichever is earlier, 33e (j) if the central government is of the opinion that the chairman or the 'member of any committee of the central council is unable to perform or has made persistently defaults— (a) in the performance of, the duties imposed on him under this act or has s7 exceeded or abused his powers; or power of central government to remove chairman or member of any committee (6) cither wilfully of without sufficient cause in complying with any direction issued by central government under section 33c or by the central council under sub-section (3) of section 9, the central government may remove from office the chairman or the member, as the 2° case may be provided that before issue of such removal, the central government shall give a reasonable opportunity of being heard to the chairman or the member, as the case may be, to show cause why he should not be removed from office and shall consider the explanations and objections, if any, of the chairman or the member, as (2) upon the removal from office under sub-section (1), - (a) the chairman or the member shall, notwithstanding that his term of office had not expired, as from the date of removal from office, vacate the offices as such chairman or the member; (6) all powers and duties which may, under the provisions of this act, bee exercised or performed by the chairman shall, during the period of removal from office, be exercised and performed by such person as the central government may think fit from amongst the members of the central council: provided that the term of office ofthe person so appointed under this sub- 'section shall not exceed a period of six months or till the time a new chairman or 35 the member, as the case may be, selected in the manner provided under this act, whichever is earlier", 7 1n section 35 of the principal act,— amendment of section 35 (a) in sub-section (1), the brackets and figure "(/)" shall be or (6) sub-section (2) shall be omitted 8, in section 36 of the principal act - amendment of section 36, (a) in sub-section (1), the brackets and figure "(/)" shall be omitted; (8) sub-section (2) shall be omitted2 sections shall be inserted, 9 after section 36 of the principal act, the follo namely: "37 (1) where the central government considers it expedient so to do, it may, by order in writting, direct the central council to make any regulations or to amend or revoke any regulations already made within such period as it may specify in this behalf | insertion    | of,        ||--------------|------------|| new          | sections   || 37           | and        || power        | of         || central      |            || government   | 10         || issue        | directions || for          | making     || amending     |            || regulations, |            |(2) ifthe central council fails or neglects to comply with such order within the specified period, the central government may itself make the regulations or amend or revoke the regulations made by the central council | laying       | of    ||--------------|-------|| rules        | and   || regulations |       |38 every rule and every regulation made under this act shall be laid, as soon as may be after itis made, before each house of parliament, while itis in session, fora total period of thirty days which may be comprised in one session or in two ot more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation"  statement of objects and reasons,'the indian medicine central council act, 1970 (48 of 1970) (imcc act) provides for constitution of the central council of indian medicine for regulation of a education and maintenance of a central register of practitioners of ayurveda, siddha and unani systems of medicines and for matters connected therewith, 2 the central council of indien medicine was initially constituted through nomination 'of members in 1971, subsequently, elections to the said council were conducted, though the tenure of all the members of the said council elected in 1994-95 had expired in 2000, it could not be reconstituted even after a lapse of more than four years because the election process has been completed only in 7 states out of 18 states that maintain the state register of indian medicine this is due to not updating the state register of indian medicine, at the instance of sitting members, a pre-requisite for conducting elections in time, sometimes the elections are delayed due to litigation and stay orders from court 3 the election for the central council of indian medicine from state of bihar could not be conducted during 199495 and the members elected in 1983-84 are still continuing in the central council of indian medicine it has been observed that such a problem persists due to the existing provisions in section 7(/) of the indian medicine central council act, 1970, \which provide for a term of five years from the date of election or nominations, as the case 'may be, of until the election or nomination of the successor, whichever is longer 4, further, in the imcc act, 1970, there is no provision for removal of the president, vice-president of the council and also withdrawal of the member nominated to the council in cease they commit some irregularity or unwanted activities the department is of the opinion that the tenure of the members should not exceed five years and also there should also be a provision for the removal of the president, vice-president or the members 5, in order to meet the requirements, itis proposed to amend the indian medicine central council act, 1970 so as to make provisions— (a) to nominate ex officio members: (b) to have fix tenure of elected or nominated members; (c) to remove the president, vice-president and members on grounds of 'misconduct or incapacity; (4) to dissolve any committee ofthe central council ifit persistently defaults or abuses its powers; and (e) to give directions to the council in the public interest, 6, the proposed amendments will enssire timely election to the central council of ind: n medicine and streamline its functioning, 7 the bill seeks to achieve the above objectives, new deut aramadoss, the \\th march, 2005, annexure, extracts from the indian mepicine central councit acr, 1970(480 1970) definitions 2 (/) in this act, unless the context otherwise requries,—  chapter ii 'tie centraat, council and its committees3 (j) the central government shall, by notification in the official gazette, constitute for the purposes of this act a central council consisting of the following members, namely:— constitution of central couneit 7 (1) the president, a vice-president or a member of the central council shall hold office fora term of five years from the date of his election or nomination, asthe case may be, cr until his successor shall have been duly elected or nominated, whichever is longer | 'term          | of         ||----------------|------------|| of             | president, || vice-president |            || and            | members    || of             | central    || council        |            |(4) members of the central council shall be eligible for re-election or re-nomination, 35 (1) the central government may, by notification in the official gazette, make rules power to make rules to carry out the purposes of this act (2) every rule made under this section shall be laid, as soon as may be after itis made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification inthe rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be (of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule 36(/) the central council may, with the previous sanction of the central government, make regulations generally to carry out the purposes of this act, and, without prejudice to | power        ||--------------|| make         || regulations |the generality of this power, such regulations may provide for— (a) the manner of election of the president and the vice-presidents of the central ie central council and the maintenance 'council; (6) the management of the property of and audit of its accounts; (c) the resignation of members of the central council (a) the powers and duties of the president and vice-president; (e) the summoning and holding of meetings of the central council and the committees thereof, the times and places where such meetings are to be held, and the conduct of business thereat and the number of members necessary to constitute a quorum; (f) the functions of the committees constituted under section 9 or section 10; (g) the tenure of office, and the powers and duties of the registrar and other officers and servants of the central counci (ga) the form of the scheme, the particulars to be given in such scheme, the manner in which the scheme is to be preferred and the fees payable with the scheme tunder sub-section (3) of section 13; (gb) any other factor under clause (g) of sub-section (8) of section 13a; (a) the appointment, powers, duties and procedure of inspectors and visitors; (0 the courses and period of study and of practical training to be undertaken, the subjects of examination and the standards of proficiency therein to be obtained, in any university, board or medical institutions for grant of recognised medical qualifications; () the standards of staff, equipment, accommodation, training and other facilites for education in indian medicine; (&) the conduct of professional examinations, qualifications of examiners and the conditions of admission to such examinations; (0 the standards of professional conduct and etiquette and code of ethics to be observed by practitioners of indian medicine; (m) the particulars to be stated, and the proof of qualifications to be given in applications for registration under this act; (n) the manner in which and the conditions subject to which an appeal under section 27 may be preferred; (0) the fees to be paid on applications and appeals, under this act; and (p) any matter for which under this act provision may be made by regulations (2) the central government shall cause every regulation made under this act to be laid, as soon as may be after itis made, before each house of parliament, while itis in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation,     