The TRIPURA HOMOEOPATHIC SYSTEM OF MEDICINE ACT, 1979.

Tripura Act No. 9 of 1979.
THE  TRIPURATHE  TRIPURATHE  TRIPURATHE  TRIPURATHE  TRIPURA
HOMOEOPATHIC SYSTEM OFHOMOEOPATHIC SYSTEM OFHOMOEOPATHIC SYSTEM OFHOMOEOPATHIC SYSTEM OFHOMOEOPATHIC SYSTEM OF
MEDICINE  ACT, 1979.MEDICINE  ACT, 1979.MEDICINE  ACT, 1979.MEDICINE  ACT, 1979.MEDICINE  ACT, 1979.
Published in the
EXTRAORDINERY ISSUE OF TRIPURA GAZETTE
Agartala, Monday, May 30, 1979 A.D.
Jyaistha 9, 1901 S.E.
Government of Tripura
Law Department
No.F.2(22)-Law/Leg/78                                 Dated, Agartala, the 19th May 1979.
The following Act of the Tripura Legislative Assembly received assent of the Governor on the
27nd April, 1979 and is hereby published for general information.
2
Tripura Act  No. 9 of 1979.
THE  TRIPURA  HOMOEOPATHIC SYSTEM OF
MEDICINE ACT, 1979.
An
Act
to provide for development  of the homoeopathic system of medicine,  to
regulate the practice thereof and to deal with certain other connected matter.
Be it enacted by the Legislative Assembly of  Tripura in the Twentyninth
Year of the Republic of India as follows :-
1. (1) This  Act  may  be called the Tripura Homoeopathic System of
Medicine Act, 1979.
(2) It extends to the whole of Tripura.
(3) It shall come into force on such date as the State Government
may, by  notification in the official Gazette, appoint.
2. In this Act, unless the context otherwise requires,--
(a) "Council" means the Council of Homoeopathic Medicine,
Tripura, constituted under section 3 ;
(b) "Homoeopathy" means the system of medicine founded by
Dr. Samuel Hahnemann and includes the Biochemic
system of medicine founded by Dr. Schussler and the
expression "Homoeopathic" shall be construed accordingly ;
(c) "member" means a member of the Council ;
(d) "prescribed" means the prescribed by rules ;
(e) "President" means the President of the Council ;
(f) "register" means the Register of Homoeopathic practition-
ers maintained under this Act ;
Short  title,
extent and
commence-
ment.
Definitions.
3
(g) "registered Homoeopathic practitioner" means a Homoeo-
pathic practitioner registered under the provisions of
this Act ;
(h) "Registrar" means the Registrar of the Council ;
(i) "regulations" means regulations made by the Council
under this Act ;
(j) "rules" means rules made by the State Government   under
this Act ;
(k) "teacher" means any person appointed by  a Homoeopathic
institution affiliated to or recognised by the Council to hold
a teaching post ;
(l) "Vice-President" means the Vice-President of the Council.
3. As soon as may be after the commencement of this Act, the State
Government shall, by notification in the Official Gazette, establish a body
corporate with perpetual succession and a common seal named the Council
of Homoeopathic Medicine, Tripura. The Council shall be entitled to acquire
and hold movable and immovable property, to transfer such property, to
contract and to do all things necessary for the purposes of this Act and shall
by its name sue and be sued.
4. (1) The Council shall consist of the following members, namely :--
(a) a  President nominated by the State Government :
Provided that on the expiry of the first two terms of office
of the  President as specified in sub-section (1) of  sec 12,
the  State  Government  shall  nominate a  President  from
among three persons recommended by the Council in such
manner as may be prescribed ;
(b) four  members  nominated  by  the  State  Government  of
whom two shall be registered Homoeopathic practitioners,
whose names are entered in Part-A of the Register ;
Constitution
of the Coun-
cil of Homo-
eopathic
Medicines,
Tripura
Constitution
of the Coun-
cil.
4
(c) six members, who are Citizens of India, elected from such
constituencies and in  such manner as  may  be prescribed,
by the  registered  Homoeopathic practitioners, from among
themselves.
(2) Notwithstanding anything contained in the foregoing sub-section
or elsewhere in this Act, on the first constitution of the Council all the
 members of the  Council shall be nominated by the State Government and
the State government shall also nominate one of the members to be the
Vice-President.
5. If the electoral body referred to in clause (c) of sub-section (1) of
section 4 fails by the prescribed date to elect the ruquisite number of member
or members which such body is entitled to elect, the State government shall
fill up the office of such member or members by nomination of a person or
persons qualified to be elected by such body. Any person so nominated by the
State Government shall be deemed to have been duly elected as member by
such body.
6. A person shall be disqualified for being nominated or elected a
member of the Council, if--
(a) he has been convicted of any offence involving moral
turpitude ;
(b) he is an undischarged insolvent ;
(c) he has been adjudged by a competent court to be of
unsound mind ;
(d) he is an employee of the Council ;
(e) he  has  directly  or  indirectly  any  share or interest in any
contract with, by or on behalf of the Council ;
(f) he has been dismissed from the service of the Central
Government or a State Government or a local authority on
a charge of  gross misconduct or an offence involving moral
turpitude ;
Power of
State Gove-
rnment to
nominate
members in
certain
circum-
stances.
Disqualifica-
tion for
nomination
or election.
5
(g) he is a person under the age of 25.
7. The name of every member nominated or elected under section 4 or
section 5 shall be published by the State Government in the Official Gazette.
8. A person shall cease to be a member of the  Council--
(a) if, without obtaining  the permission of  the Council, he is
absent from three consecutive meetings of the Council ; or
(b) if having been nominated or elected as a registered Homoeo-
pathic practitioner he ceases to be such a registered
practitioner ; or
(c) if he becomes subject to any of the disqualifications
referred to in section 6.
9. (1) If any member dies or resigns his office or ceases to be a member
for any other reason the vacancy shall be filled up within six months by a
fresh nomination or election under section 4 or section 5, as the case may be,
and the member so nominated or elected shall hold office for the unexpired
period of the term of office of the member whose place he fills.
(2) If any  member referred to in clauses (b), (c) of sub-section (1) of
section 4 is nominated President under the proviso to clause (a) of that sub-
section, there shall be a vacancy in that membership which shall be filled up
under sub-section (1).
10. (1) Subject to the provisions of  section 9, the term of office of the
members nominated or elected under section 4 or section 5 shall be for three
years commencing from the date of the first meeting of the Council after its
first constitution or any subsequent periodical reconstitution, as the
case may be.
(2) The term of three years referred to in sub section (1) shall be held
to include any period which may elapse between the expiry of the said period
of  three years and the date of the first meeting of the Council following its
reconstitution at which a quorum is present.
11. The President, the Vice-President or a member may resign his office
Publication
of names of
members.
Cessation
of member-
ship.
  Filling of
   casual
   vacancies.
  Term of
  Office of
   members.
Resignation.
6
by writing under his hand addressed to the State Government, of which he
shall send a copy to the Council.
12. (1) The President shall hold office for the period mentioned in
section 10, or until his successor is nominated, whichever is longer.
(2) If the President dies or resigns his office or ceases to hold office,
the State Government shall nominate another person as President and such
President shall hold office for the unexpired portion of the term of office of
the previous President in whose place he is nominated.
(3) In the event of the occurrence of any vacancy in the  office of the
President under sub-section (2), the Vice-President shall discharge the
functions of the President until a new President is nominated.
(4) When the President is unable  to discharge his functions owing to
absence, illness or any other  cause, the Vice-President shall discharge his
functions until the date on which the President resumes his duties.
13. (1) The members of the Council shall, at the first meeting after every
periodical reconstitution, elect a Vice-President from among themselves in
such manner as may be prescribed.
(2) The Vice-President shall hold office for the period mentioned in
section 10 :
Provided that a Vice-President shall cease to hold office if he
ceases to be a member of the Council.
(3) If the Vice-President dies or resigns his office or ceases to hold
ofiice, the members of the Council shall elect, from among  themselves,
another Vice- President in such manner as may be prescribed and such Vice-
President shall hold office for the unexpired portion of the term of office of
the previous Vice-President whose office he fills.
14. (1) The members of the Council shall constitute from among them-
selves, an Executive Committee to perform such functions, discharge such
duties and exercise such powers as may be delegated to it by the Council.
(2) The Executive Committee shall consist of the President and the
The Vice-
President.
Executive
Committee.
The Presi-
dent.
7
Vice-President ex-officio, and three other members elected by the members
of the Council in the prescribed manner from among themselves.
(3) The President and  the Vice-President of the Council shall be the
President and  the Vice-President respectively of the Executive Committee.
(4) The term of office of an elected member of the Executive
Committee shall be three years from the date of his election, but, subject to
his being a member of the Council, he shall be eligible for re-election to the
Executive Committee.
(5) No business shall be transacted at any meeting of the Executive
Committee unless a quorum of three members be present.
(6) The Council may also, subject to the approval of the State Gov-
ernment from time to time appoint one or more Committees consisting of
members of the Council or outsiders or both, on such terms as may be
approved by the State Government, for the purpose of advising it on such
matters as it deems necessary and may appoint a Chairman for any such
committee who shall convene and preside over the  meetings of the
committee.
15. (1) The Council shall hold its meetings at such intervals and at such
places as may be provided for by regulations.
(2) No business shall be transacted at any meeting of the Council
unless a quorum of five members be present.
(3) Save as provided in clause (b) of sub-section (2) of section 22, all
questions arising at any meeting shall be decided by votes of the majority of
the members present and voting and in case of an equality of votes by the
casting vote of the President or, in his absence, of the member presiding at
the meeting.
16. The council shall pay to its President, Vice President and members
and other persons appointed by it to any committee referred to in sub-
section (6) of section 14, such fees for attending at meetings of the Council,
of the Executive Committee or of such Committee and such travelling
expenses for journeys undertaken in the performance of duties as may be
prescribed.
Meetings.
Expenses to
be paid to
members
and other
persons
8
17. The Council shall have the following powers namely :--
(a) with the approval of the State Government, to establish
institution teaching the Homoeopathic system of medicine
and to grant  or  refuse affiliation to such institutions or  to
withdraw, after giving the authority of an institution an
opportunity to show  cause  against the  action  proposed  to
be taken, such affiliation ;
(b) to call on the authority  of  an  institution  affiliated  to  the
Council, or of an institution applying for affiliation, to
furnish within such period as may be specified, such
reports returns or  other  information as  the  Council  may
require to judge the efficiency of the institution ;
(c) to hold examinations for persons who shall have pursued a
course of study in institutions affiliated to the Council, and
to  confer  degrees,  diplomas  and  certificates on them on
having passed the necessary examination ;
(d) to  provide  by  regulations  courses of  study  for different
examinations held by the council ;
(e) to provide for  instruction or  for  refresher courses in such
branches of medical science as would be useful to persons
studying the Homoeopathic system of medicine ;
(f) to  appoint examiners and to fix  their remuneration and to
publish the results of the examinations held by it ;
(g) to grant scholarships, prizes and medals to students of
institutions  affiliated to  the Council who are  meritorious,
or stipends  to students  who are poor  and  deserving ; and
with  the sanction  of  the  State Government,  to  grant to
students Scholarships  for  research or special study in any
institution that the Council may think fit, whether in India
or abroad and to endow chairs of Homoeopathic system of
medicine in institutions affiliated to the Council ;
(h) to collect  prescribed fees or charges for admission to the
Powers of
the Council.
  9
examinations  held  by  the  Council  and  for  certificates,
diplomas or degrees granted or conferred by it ;
(i) to exercise general  supervision  over  the  residential and
disciplinary arrangements made by the institutions
affiliated to the Council and arrangements  for promoting
the health and general welfare of the students of such
institutions ;
(j) to recommend to the State Government  the  sanction of a
grant to an affiliated institution teaching the Homoeopathic
system of medicine or the withdrawal or suspension, after
giving the  institution concerned an apportunity of
showing cause against the action proposed, of any
such grant ;
(k) to appoint such number of  inspections for the  inspection
of institutions teaching the Homoeopathic system of
medicine as the Council may deem fit on such terms as the
Council may, with the previous sanction of  the state
Government, determine ;
(l) to receive grants, donations, gifts and endowments ;
(m) to incur such expenditure, to adopt such  measures and to
do such acts  as  may be  necessary  for  the furtherance of
the objects mentioned in this section ;
(n) to advise the State Government in the matter of research in
Homoeopathic system of medicine ;
(o) to perform such  other functions as the  State Government
may direct or, on the recommendation of the Council,
approve for carrying out the provisions of this Act.
18. (1) The Council shall, with the previous approval of the State
Government, appoint a Registrar. The Registrar shall receive such salary
and allowances as may be prescribed. The Council may from time to time
grant him leave and may appoint a person to act in his place. Any person
duly appointed to act as Registrar shall be deemed to be the Registrar for all
purposes of this Act.
Registrar
and staff.
10
(2) the Council may, by order, suspend, punish, remove or dismiss
the Registrar from office :
Provided that any such order of the Council shall be subject to appeal
to the State Government.
(3) The Council may appoint such other officers and servants as it
deems necessary :
Provided that the number and designation of such officers and servants
and their salaries and allowances shall be subject to the previous approval of
the State Government.
(4) The Registrar shall act as the Secretary to the Council and the
Executive Committee.
(5) The Registrar and all Officers and servants appointed by the
Council shall work under the direct control and supervision of the president
or, in his absence, of the Vice-President.
19. (1) The Council shall maintain a Register of  Homoeopathic Practi-
tioners in two Parts ; A and B, in such form as may be prescribed.
(2) The Registrar shall from time to time make necessary entries in
the Register in respect of the persons whose names are to be registered, their
qualifications and their addresses and may also from time to time make such
alterations or modifications as may be required in consequence of any orders
passed by the Council or otherwise.
20. (1) Every person who possesses any qualification mentioned in the
Second Schedule of the Homoeopathic Central Council Act, 1973, shall
subject to the provisions of this Act, and on payment of such fee as may be
prescribed, be eligible to have his  name entered in Part A of the Register.
(2) Any person practicing in the Homoeopathic system of medicine
for not  less than five years prior to the such date as may be fixed by the State
Government in this behalf, shall subject to the provisions of  this Act, and on
payment of such fee as may be prescribed, be entitled to have his name
entered in Part B of the Register :
Registration
of Homoeo-
pathic Pra-
ctitioners.
Personns
entitled to
be regis-
tered.
(59 of 1973).
11
Provided that a person who possesses a  qualification mentioned under
this sub-section shall have passed an exammination to be held by the Council
in the manner as may be prescribed.
(3) Any person who possesses a qualification under sub- section (1)
and (2) having registration in any  other State, Shall subject to the provisions
of this Act, and on payment of such fee as may be prescribed, be entitled to
have his name entered in Part A or Part B of the Register, as the case may be.
21. (1) Every person who desires to have his name entered in the register
shall submit to the Registrar an  application in the prescribed form stating :-
(a) Particulars of his qualifications,
(b) the Period for which he has been in practice, and
(c) his address which is to be his registered address.
(2) Every application shall be accompanied by the prescribed fee and
such proof as may be available or necessary in support of the qualifications
stated in the application.
22. (1) The Council may, on being satisfied that a person is qualified for
registration under section 20 and has paid the prescribed fee, direct that his
name  be entered in Part A or Part B of the Register, as the case may be, and
the Registrar  shall thereupon make necessary entries in the Register and
grant him a certificate of Registration.
(2) The Council  may refuse to permit the registration, or direct the
removal from the Register, of the name of any person---
(a) Who has been convicted of any offence involving moral
turpitude ; or
(b) Who  has  been  found  guilty of  infamous conduct in his
professional  capacity  by a  majority of  at  least  two-third
of  the  members of  the  Council  after a  due  enquiry into
his conduct at  which  he  has  had  an opportunity of being
heard in person or of being duly represented.
Information
required of
applicant for
registration.
Power of the
Council   to
refuse or to
remove name
from Regis-
ter  in cer-
tain  cases.
12
(3) Any refusal or removal under sub-section (2) may be rescinded
if the conduct on the basis of which refusal or removal was directed is
condoned for good and suffecient reasons.
23. (1) Every person whose name is entered in the Register shall, for the
retention of his name in the Register, pay to the Council quinquenially such
renewal fee and at such time as may be prescribed.
(2) Where the renewal fee is not paid by the due date, the Registrar
shall remove the name of the defaulter from the Register :
Provided that a name so removed may be restored to the Register on
such conditions as may be prescribed.
(3) On payment of the Renewal fee, the Registrar shall in the
prescribed manner, endorse the certificate of registration.
24. If any person whose name is entered in Part B of the Register obtains
any  qualification mentioned in sub-section (1) of section 20 he shall be
entitled, on payment of such fee as may be prescribed, to have his name
transferred from Part B to Part A of the Register.
25. If any person whose name is entered in the Register obtaines any
qualification mentioned in the section 20  other than the qualification in
respect of which he has been registered, he shall, on payment of such fee as
may be prescribed, be entitled to have such qualification entered against his
name in the Register either in substitution for or in addition to any entry
previously made and the Registrar shall add to or amend the entry
accordingly.
26. If any person is dissatisfied with any decision of  the Registrar refusing
to enter his qualification under section 25 in the Register, he may, at any time
within three months from the date of such decision, appeal to the Council in
the prescribed manner and the decision of the Council shall be final.
27. Any entry in the Register which is proved to the satisfacition of the
Council to have been fraudulently or incorrectly made, may be cancelled
under an order in writing of the Council.
Renewal.
Transfer of
name from
part B to
Part A of the
Register.
Entry of
additional
qualification.
Appeal to the
Council from
decision of
the Registrar.
Cancellation
of fraudulent
and incorrect
entries.
13
28. An appeal shall lie to the State Government againest decision or order
of the Council refusing to enter a person's name in Part A or Part B of the
Register or to transfer his name from Part B to Part A of the Register or
removing his name from the Register, if filed within three months of the date
of decision or order and the decision of the State Government shall be final.
29. The Council may, on receipt of reliable information regarding the death
of a persion whose name is entered in the Register, and on making such
enquiry as it may think fit, direct the removal of his name from the Register
and thereupon the Registrar shall cancel the entry relating to such person.
30. If any person whose name is not entered in the Register falsely
pretends that it is so entered or uses representing that his name is so entered,
he shall, whether any person is actually received by such representation or
not, be punishable on conviction by a Judicial Magistrate of the First Class,
with imprisonment which may extend to six months or with fine which may
extend to five hundred rupees.
31. (1) If any person whose name has been removed from the Register
under sub-section (2) of section 23 fails, without sufficient cause, forthwith
to surrender his certificate of registration, he shall be punishable with fine
which may extend to fifty rupees.
(2) Cognizance of an offence punishable under this section shall  not
be taken except upon complaint made by an order of the Council.
32. (1) No person, association or  institution other than the  Council shall
confer, grant or issue, or hold himself or itself out as entitled to confer, grant
or issue, any degree, diploma, licence, certificate or any other document
stating or implying that the holder, grantee or recipient thereof is qualified to
practise the Homoeopathic system of medicine.
(2) Any contravention of the provisions of sub-section (1) shall be
punishable with  imprisonment which may extend to one year or with fine
which may extend to one thousand rupees, or with both ; and if an association
or institution is guilty of such contravention, every member thereof who
knowingly or wilfully authorises or permits the contravention, shall be
punishable with  imprisonment which may extend to one year or with fine
which may extend to one thousand rupees, or with both.
Appeal to
State Gov-
ernment
from deci-
sion of the
Council.
Notice of
death and
removal of
name from
Register.
Penalty on
unregistered
person  rep-
resenting
that he is
registered.
Penalty for
failure  to
surrender
certificate
of  registra-
tion.
Prohibition
of un-auth-
orised  con-
ferment of
degrees, etc.
and penalty
for  such
conferment.
14
33. (1) No person shall use any letters or figures after his name
indicating or implying that he possesses any degree, diploma, licence, or
certificate as a Homoeopathic practitioner unless such degree, diploma,
licence or certidicate has been conferred by the Council, or is recognised by
it with the approval of the State Government.
(2) Whoever contravenes the provisions of sub-section (1) shall be
punishable on first conviction with fine which may extend to two hundred
rupees, and on any subsequent conviction with fine which may extend to
five hundred rupees.
34. (1) The Registrar shall, from time to time as occasion may require,
on or before the date to be fixed in this behalf by the council, cause to be
printed and published (provided that at least twelve months shall have elapsed
from the date of the last publication) a correct list of the names for the time
being entered in the Register under each of the two Parts, A and B, setting
forth thereon--
(a) name of all registered Homoeopathic practitioners arranged
in alphabetical order according to surname ;
(b) the registered address of each such person ;  and
(c) the  registered  qualifications  of each such person and the
date on which qualification was obtained.
(2) The Registrar shall, from time to time as occasion arises, cause
to be printed and published a list supplementary thereto, containing
additions and alterations in the Register since the publication of the list
under sub-section (1).
(3) Every court shall presume that any person whose name is
entered in the latest list printed and published under sub-section (1) read
with the latest list supplementary thereto, if any, printed and published under
subsection (2) is duly registered under this Act, and that any person whose
name is not so entered is not registered under this Act :
Provided that, in the case of any person whose name does not appear
in the latest list printed and published under sub-section (1) read with the
latest list supplementary thereto, if any, printed and published under sub-
section (2), a certified copy, signed by the Registrar, of the entry of the name
Penalty  for
improper
assumption
of Homoeo-
pathic  qua-
lifications.
Publication
and use of
registration
list.
15
of such person in the register, shall be evidence that such person is registered
under this Act.
35. A Registered Homoeopathic practitioner shall be entitled--
(a) to grant a death certificate required by any law or rule to be
signed or authenticated by a duly qualified medical practi-
tioner or medical Officer ;
(b) to grant a medical or physical fitness certificate required by
any law or rule to be signed or authenticated by a duly
qualified medical practitioner or medical officer ;
(c) to give evidence at any inquest or in any court of law as an
expert under section 45 of the Indian Evidence Act, 1872.
36. Except with the special sanction of the State Government, no
Homoeopathic practitioner other than a registered Homoeopathic practitioner
whose name is entered in Part A of the register shall be comptent to hold any
appointment as a Physician, medical Officer or teacher, in any Homoeopathic
Hospital, asylum infirmary, dispensary, or lying-in-hospital, which is
supported wholly or partially by grants made by the State Government, the
council, or a local authority, or in any Homoeopathic educational institutions
which is so supported or which is affiliated under clause (a) of section 17 :
Provided that a registered Homoeopathic practitioner  whose name is
entered in Part B of the Register shall be competent to hold any such
appointment if he has held any such appointment from a date prior to the
publication of this Act in the official Gazette.
37. No suit, prosecution or other legal proceedings shall lie in respect of
any act or thing done or omitted to be done in the exercise or purported
exercise of any power conferred by or under this Act on the State
Government or the Council or the Executive Committee or any Committee
appointed by the Council or the Registrar.
38. No act or thing done by the Council, the Executive Committee or a
Committee appointed by the Council shall be invalid merely on the ground of
any vacancy in or defect in its composition.
Certain  pre-
vellages  of
registered
Homoeo-
pathic pra-
ctitioners.
Homoeo-
pathic pra-
cttiioners
other than
those regis-
tered under
part A, of
the Register
not eligible
for certain
appoint-
ments.
Bar of  suit
or other
legal pro-
ceedings.
Validation.
1 of  1872
16
39. (1) All fees payable and prescribed under this act shall be paid to the
Council.
(2) An account of all assets and liabilities of the Council and of all
fees, sums, grants, donations, gifts and endowments received by it and of all
expenses and disbursements incurred or made by it shall be maintained in
the Prescribed manner.
(3) The account shall be audited annually in such manner and by
such officer or authority as may be prescribed. A copy of the audit report
shall be submitted to the State Government by the Council.
(4) The Council shall prepare in the Prescribed manner a budget for
every financial year showing the probable receipt and expenditure, which
shall be submitted to the State Government for approval.
40. (1) The State Government may, from time to time make rules for
carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely :--
(i) the election  of  members  of  the Council members of the
Executive Committee and the Vice-President ;
(ii) the function to be performed by the  President and the
Vice-President ;
(iii) the fees payable under this Act ;
(iv) the expenses to be paid yunder section 16 ;
(v) the salary and allowances to be paid to the Registrar ;
(vi) the manner in whichn the account referred to in sub-
section (2) shall be maintained :
(vii) the procedure to be followed by the Council in--
Finance,Audit
and budget.
Power to
make rules.
17
(a) conducting an enquiry under this Act,
(b) disposing of appeals from the decision of the Registrar
preferred under section 27 ;
(viii) any other matter which may be or is required to be
prescribed under this Act.
(3) Every rule made under this Act shall be laid as soon as may be
after it is made, before the Legislative Assembly while it is in session for a
total period of not less than fourteen days which may be comprised in one
session or in two or more successive sessions and if before the expiry of
session in which it is so laid or the session aforesaid the Legislative
Assembly makes any modification in the rule or decides that the rule shall
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.
41. (1) The Council may, with the previous approval of the State
Government, make regulations, not inconsistent with this Act or the rules
made thereunder, for discharging its functions under this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such regulations  may provide for all or any of the
following matters, namely :-
(i) the conduct of business of the Excutive Committee and of
Committee appointed by the Council ;
(ii) the time and place at which each meeting shall be held ;
(iii) the issue of notices convening such meeting ;
(iv) the conduct of bussiness thereat ;
(v) the  conditions  of  appointment and service and the scales
of pay and allowances of all the officers and servants
appointed by the Council  ;
Regulations.
18
(vi) any matter for which power to make regulations is
conferred  expressly  or  by  implication on the Council by
this Act.
(3) Every regulation made under this Act shall be laid as soon as
may be after it is made, before the Legislative Assembly while it is in session
for a total period of not less than fourteen days which may be comprised in
one session or two to or more successive sessions and if before expiry of the
session in which it is so laid or the session aforesaid the Legislative Assem-
bly  makes any modification in the regulation or decides that the regulation
shall not be made, the regulation shall there after have effect only in such
modified form or be no effect, as the case may be ; so, however, that any
such modification or annulment shall be without prejudic to the validity of
anything previously done under that regulation.
42. All rules and regulations shall be published in the Official Gazette.
43. If, at any time, it appears to the State Government that the Council has
failed to exercise or has exceeded or abused a power conferred upon it by or
under this Act or has failed to perform a duty imposed upon it by this Act,
the State Government may, if it considers such failure, excess or abuse to be
of a serious character, after giving the Council an opportunity of being heard,
notify the particulars thereof to the Council and if the Council fails to
remedy such  failure, excess or abuse within such time as may be fixed by
the State Government in this behalf, the State Government may supersede
the Council for a period not exceeding one year and cause all or any of  the
powers and duties of the council to be exericised and performed by such
agency as it may think fit during the period of supersession.
~~~~~~    ~~~~~~
**
**
Publication  of
rules and regu-
lations.
Control  over
the Council by
State Govern-
ment.

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