'nominated or elected, shall hold office for a term of five years from the date of issue of the notification appointing him as a member of the council by the central government: provided that no member shall continue to hold office beyond three months after the expiry of his term of five years, unless re-nominated or re-electe: mos (6) after sub-section (3), the following sub-section shall be inserted, namely:— "(-4) a member nominated under sub-section (ja) of section 4 shall be gr deemed to have vacated his seat from tho date of issue of the notification by the 'central government appointing his duly elected successor in accordance with the provisions of sub-section (/) of that section te amendment 8 in section 10 of the principal act, for sub-section (/), the following sub-section shall of section 10 be substituted, namely:— "(z2) the executive committee, hereinafter referred to as the committee, shall 'consist of the president and the vice-president who shall be members ex officio, other ex officio members under clauses (/), (g), (4) and (i) of sub-section (/) of section 3 and 1s nine other members who shall be elected by the council from amongst its members" insertion of 9 after section 30 of the principal act, the following sections shall be inserted, jon 59g, mmey— 30€? 30d and he removal of "sqa (1) the council may recommend to the central government for removal of president, the president, the vice-president or any member on the grourids of misconduct or 3& seareies incapacity by a resolution passed by a majority of the total membership of the council come excluding the vacancies and a two-thirds majority of the members present and voting after having given a reasonable opportunity of being heard, and the central govern 'ment may, after being satisfied of the grounds on which such removal is recommended, remove the president, the vice-president or the member from the council in accordance as with such rules as may be made by it: provided that the council shall, before making any recommendation for removal of a member, consider the views of a disciplinary committee constituted for the purpose, which shall follow such procedure as the central government may by rules $5 determine, (2) when the presidents removed by an order under sub-section (/), during the period of such removal the powers and duties conferred and 'imposed on the president under this act shall be exercised and performed by the vice-president (3) where the vice-president is removed by an order under sub-section [eam during the period of such removal the powers and duties conferred and imposed on 25~ the vice-president under this act shall be exercised and performed by such person as the central government may appoint in that behalf from amongst the members ofthe council, () the president or the vice-president or the member, as the case 'may be, shall be elected in the manner provided under this act within the period of three months yo from the date on which the order of removal was issued under sub-section () withdrawal or 30b notwithstanding anything contained in section 7, if the central governuation 'ment considers it to be expedient in the public interest or on the recommendation of the tacibers of 'state govemment concerned that amember nominated to the couneil under clause (a) 'council 'or clause (e) of sub-section (/) of section 3 should withdraw from the counci the ys 'central government may give such direction and if the member refuses to comply with the direction so given, it may, by order, remove such member from the council| directions    ||---------------|| central       || government,   |30€ (1) in the discharge of its functions under this act, the council shall be guided by such directions, as nay be given to it in the public interest, by the central government, (2) ifany dispute arises between the central government and the council as to 5 whether a question relates to public interest or not, the decision of the central government thereon shall be final, power of 30d, (/) ifthe central government is of the opinion that the executive committee or any other committee of the council is unable to perform or has made persistently defaults— on itby or under this act or to (a) in the performance of the duties imps has exceeded or abused its powers; or government to dissolve executive committee or any other committee (6) either wilfully or without sufficient cause in complying with any direction issued by the central government under section 30c, is the central government may, by notification published, together with a statement of reasons therefor, in the official gazette, dissolve the executive committee or such other committee: provided that before issue of such notification, the central goverment shall give a reasonable time to the executive committee or such other committee, as the case 'may be, to show cause why it should not be dissolved and shall consider the explana- re tions and objections, if any, of the executive committee or such other committee (2) upon the publication of a notification under sub-section (j) dissolving the executive committee or, as the case may be, such other committee,— (a) all members of the executive committee, or the other committee shall, notwithstanding that their term of office had not expired, as from the date of as dissolution, vacate their offices as such members; (8) all powers and duties which may, by or under the provisions of this act, be exercised or performed by or on behalf of the executive committee or the other committee, during the period of dissolution, be exercised and performed by such person or persons as the central government may appoint in that behalf 3e from amongst the members of the council: provided thatthe term of office ofthe person or persons so appointed under this 'sub-section shall not exceed a period of six months or till the time a new executive 'committee or such other committee is constituted, whichever is earlier 308, (j) ifthe central government s ofthe opinion that the president or the vice- 35" president or the member of the executive committee or any other committee of the council is unable to perform or has nade persistently defaults— (2) in the performance of the duties imposed on him under this act or has exceeded or abused his powers; or (6) either wilfully or without sufficient cause in complying with any ad direction issued by the central government under section 30c, | power      | of     ||------------|--------|| central    |        || government |        || to         | remove || president, |        || vi         |        || president  | or     || member     | of     || executive  |        || committee  | of     || any        | other  || 'committee |        |the central government may remove from office the president or the vice-president or the member, as the case may be: provided that before issue of such removal, the central government shall givea reasonable opportunity of being heard to the president or the vice-president or the 445° 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 president or the vice- president or the member (2) upon the removal from office under sub-section (/),— (a) the president or the vice-president or the member shall, notwithstanding that his term of office had not expired, as from the date of removal from office, vacate the office as such president or the vice-president or member; (8) all powers and duties which may, under the provisions of this act, be exercised or performed by the president or the vice-president, as the case may be, shall, during the period of removal from office, be exercised and performed by such person as the central government may appoint in that behalf from amongst e the members of the council: te provided that the term of office of the person so appointed under this subsection shall not exceed a period of six months or till the time a new president or the vice-president or the member, as the case may be, is elected in the manner provided under this act, whichever is earlier", 'amendment of 10 in section 32 ofthe principal act, - section 32 (a) in sub-section (1), the brackets and figure "(/)" shall be omitted is (6) sub-section (2) shall be omitted insertion of 11 after section 33 of the principal act, the following sections shall be inserted, new sections pamel 35 and 338, aepower of "3a (7) where the central government considers it expedient so to do, it may, a by order in writing, direct the council to make any regulations or to amend or revoke er any regulations already made within such period as it may specify in this behalf eee (2) ifthe council fails or neglects to comply with such order within the specified ascsaing period, the central government may itself make the regulations or amend or revoke the regulations regulations made by the council laying of 33b every rule and every regulation made under this act shall be laid, as soon sani '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 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 regulatian"  statement of objects and reasons'the indian medical council act, 1956 (imc) provides for composition of the medical council of india (mci), which includes elected and nominated representatives, the composition of the council has been reviewed to examine whether it was helping to serve the purposes intended in the light of various developments in the field of medical education it '@¥s found that the councif has lost its representative character due to (a) large mumber of 'vacancies in the elected category: (b) states having larger number of medical colleges, but having formed @ medical university, are having fewer seats in the council as compared to states having fewer colleges affiliated to several universities; (c) lack of interaction between the state medical councils and the mci; and (d) representation was still being given to those categories which are no more in existence it is, therefore, considered necessary to 'make the composition of the council compact and representative and also empower the central government to ensure that large number of vacancies, particularly in the elected category remain filled ince the composition ofthe revised couneil is likely to be substantially different from the existing one, a new section 3a relating to reconstitution of the council is proposed to be inserted in the imc act, 1956 2 the council's main function as contained in the imc act, 1956 is to make 'recommendations to the central government in matters ofrecognition of medical qualifications, determining the courses of study and examinations required to obtain such qualifications, inspection of examinations and maintenance of register of medical practitioners, etc, by the amendment of the said act in 1993, the power to grant permission for establishment of new medical colleges, increase in intake capacity or for starting higher courses in the established colleges was entrusted to the central government from the respective state governments for this purpose, the mci became a recommendatory body to the central government for taking final decisions in these matters after reviewing the working of the council in this area, and the problems being faced, a need has been felt to empower the central government to give such directions to the council wherever necessary on matters of policy and public importance and to ensure their propet compliance, and also council's accountability to the tasks entrusted to it as in other statutory bodies, itis also proposed to make provisions for femoval of members of the council, and in specified circumstances, dissolution of the executive committee or any other committee, 3 the proposed legislative measures will make the composition of the council compact, comprehensive and representative, and empower the central government to discharge its functions effectively to ensure proper development of medical education in the country 4 the present bill is intended to achieve the above objects, new daun; anbumani ramadoss the 16th august, 2005, memorandum regarding delegated legislationsub-clause (a) of clause $ of the bill empowers the central government to make rules for conducting elections under clause (b) or clause (c) of sub-section (1) of section 3, by an authority so authorised under the rules similar rule making power for conducting election is available to the central government under the existing provisions 2, clause 9 of the bill provides for insertion of a new section 30a for removal of the president, the vice-president or a member of the council in certain cases it is proposed that the central government may frame procedural rules under which the president and the vice- president of the council may be removed the council shall, before making any recommendation for removal of a member, consider the views of the disciplinary committe, constituted for the purpose it is proposed that the procedure, etc, to be followed by the disciplinary committee shall be determined by rules framed by the central government, 3, the rules made under the proposed legislation shall be required to be laid before parliament 4, the matters in respect of which rules may be made are matters of procedure and administrative detail and itis not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of anormal character (10208 1956) 2 in this act, unless the context otherwise requires, - definitions e () "university" means any university in india established by law and having a medical faculty 3 (1) the central goverment shall cause to be constituted a council consisting of the following members, namely:— constitution and compo: sition of the count (b) one member from each university, to be elected from amongst the members of the medical faculty of the university by members of the senate of the university or in case the university has no senate, by members of the court; (c) one member from each state in which a state medical register is maintained, to be elected from amongst themselves by persons enrolled on such register who 'possess the medical qualifications included in the first or the second schedule or in part il of the third schedule; (d) seven members to be elected from amongst themselves by persons enrolled 'onany of the state medical registers who possess the medical qualifications included in part | of the third schedule; (2) the president and viee-president of the council shall be elected by the members of the council from amongst themselves 4 (1) an election under clause (b), clause (c) or clause (cd) of sub-section (1) of section mode of election, 3 shall be conducted by the central government in accordance with such rules as may be 'made by it in this behalf, any rules so made may provide that pending the preparation of the indian medical register in accordance with the provisions of this act, the members referred to in clause (d) of sub-section (/) of section 3 may be nominated by the central government instead of being elected as provided therein, |            |     ||-------------|------|| restrict    |      || tion        | and  || membership |      |5 (1)no person shall be eligible for nomination under clause (a) of sub-section (/) of section 3 unless he possesses any of the medical qualifications included in the first and second schedules, resides in the state concemed, and, where a state medical register in 'maintained in that state, is enrolled on that register am ©     term of office of presidznt, vice-president and members (2) subject tothe provisions of this section, a member shall hold office fora term of five years from the date of his nomination or election or until his successor shall have been duly nominated onelected, whichever is longer, the executive committee10 (2) the executive committee, hereinafter referred to as the committee, shall consist of the president and vice-president, who shall be member ex officio, and not less than seven and not more than ten other members wito shall be elected by the council 'members t i 32(j) the central government may, by notification in the official gazette, make rules to carry out the purposes of this act (2) all rules made under this section shall be inid for not less than thirty days before both houses of parliament as soon as possible after they are made, and shall be subject to such modifications as parliament may make during the session in which they are 60 laid or the session immediately following ° '   