The West Bengal Medical Council ( Temporary Supersession ) Act, 1985

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XXXVII of 1985 
THE WEST BENGAL MEDICAL COUNCIL 
(TEMPORARY SUPERSESSION) ACT, 1985. 
[Passed by the West Bengal Legislature.] 
Ben. Act VI 
of 1914. 
[Assent of the President of India was first published in the Calcutta 
Gazette, Extraordinary, of the 11th March, 1986.] 
[11th March, 1986.] 
An Act to provide for the supersession of the West Bengal Medical 
Council for a limited period and for the carrying on of its 
administration during the period of supersession. 
WHEREAS it is expedient in the public interest to supersede the West 
Bengal Medical Council for a limited period with a view to facilitating 
its reorganisation for more efficient functioning and to provide for the 
carrying on of its administration during the period of supersession; 
It is hereby enacted in the Thirty-sixth Year of the Republic of India, 
by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal Medical Council 
(Temporary Supersession) Act, 1985. 
(2) It shall come into force at once. 
2. In this Act, unless the context otherwise requires,— 
(a) "the Act" means the Bengal Medical Act, 1914; 
(b) "the ad hoc Council" means the West Bengal Medical 
Council (ad hoc) referred to in clause (b) of section 4; 
(c) "the Council" means the West Bengal Medical Council 
constituted under the Act; 
(d) other words and expressions have the meanings respectively 
assigned to them in the Act. 
3. (1) With effect from the date of coming into force of this Act, 
and for a period of two years from such date, the Council shall stand 
superseded. 
Short title 
and 
commence-
ment. 
Definitions. 
Supersession 
of the 
Council. 
207 
The West Bengal Medical Council (Temporary Supersession) 
Act, 1985. 
[West Ben. Act 
(Sections 4, 5.) 
Conse-
quences of 
supersession. 
Constitution 
of the ad hoc 
Council. 
(2) The State Government may, if it considers necessary so to do, 
by notification published in the Official Gazette, extend from time to 
time the period of supersession referred to in sub-section (1) by any 
period not exceeding six months at a time, so, however, that the aggregate 
period of supersession under this section shall not exceed three years. 
4. With effect from the date of supersession of the Council,— 
(a) all the members of the Council and the Executive Committee 
constituted under the Act shall vacate their respective offices, 
and 
(b) all the powers and functions of the Council and of the 
Excecutive Committee as aforesaid under the Act or the 
rules or the regulations made thereunder shall, respectively, 
be exercised and performed by the ad hoc Council to be 
known as the West Bengal Medical Council (ad hoc). 
5. (1) The ad hoc Council shall consist of the following members:— 
(a) (i) one member of the Council for Post-Graduate Studies 
in Medicine, Nursing, Homoeopathy, Ayurved and 
Dental Science of the University of Calcutta, and 
(ii) one member of the Council for Undergraduate Studies 
in Medicine, Dental Science, Homoeopathy, Veterinary 
Science, Nursing and Ayurved of the University of 
Calcutta; 
(b) one member of the Council for Undergraduate Studies in 
Medicine of the University of Burdwan; 
(c) one member of the Council for Undergraduate Studies in 
Medicine of the University of North Bengal; 
(d) two members of the Governing Body of the State Medical 
Faculty of West Bengal; 
(e) seven Teachers of Medical Colleges or Institutions affiliated 
to the University of Calcutta or the University of Burdwan 
or the University of North Bengal of whom at least— 
(i) one shall be from a Medical College affiliated to the 
University of Burdwan, and 
(ii) one shall be from a Medical College affiliated to the 
University of North Bengal; 
(f) one registered practitioner, being a Licentiate in medicine; 
(g) two registered practitioners, being Graduate in medicine; 
(h) one representative of the Department of Health and Family 
Welfare, Government of West Bengal; 
208 
The West Bengal Medical Council (Temporary Supersession) 
Act, 1985. 
XXXVII of 1985.] 
(Sections 6-9.) 
Ben. Act VI 
of 1914. 
(i) one representative of the Directorate of Health Services, 
Government of West Bengal; 
(j) three persons nominated by the State Government. 
(2) The members referred to in clauses (a) to (i) of sub-section (1) 
shall be nominated by the State Government. 
(3) The State Government shall nominate one of the persons referred 
to in clause (j) of sub-section (1) to be the President of the ad hoc 
Council. 
6 No act or proceeding of the ad hoc Council shall be invalid or 
called in question by reason of the existence of any vacancy, initial or 
subsequent, in the ad hoc Council. 
7. Any vacancy in the ad hoc Council occurring by reason of death, 
resignation or otherwise shall be filled up by the State Government, in 
so far as such filling up is not inconsistent with the provisions of this 
Act. 
8. If, by reason of the provisions of the Bengal Medical Act, 1914, 
any difficulty arises in giving effect to the provisions of this Act, the 
ad hoc Council shall refer such difficulty to the State Government which 
may make such order or do such thing, not inconsistent with the provisions 
of this Act, as appears to it to be necessary or expedient for removing 
the difficulty. 
Validation 
of Act or 
proceeding 
of the ad hoc 
Council. 
Filling up of 
vacancies in 
the ad hoc 
Council. 
Power to 
remove 
difficulties. 
9. For the removal of doubts, it is hereby declared that nothing in The Council 
this Act shall effect or imply in any way the dissolution of the Council to continue 
as a body 
as a body corporate as constituted under the Act. 	 corporate. 
209 

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