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3. |
The Central Government shall, as soon as may be, constitute a Central Council
consisting of the following members, namely: |
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(a) |
Six members, among whom there shall be at least one teacher of each of the
subjects, pharmaceutical chemistry, pharmacy, pharmacology and pharmacognosy
elected by the 4 [University Grants Commission] from among persons on the
teaching staff of an Indian University or a College affiliated thereto which
grants a degree or diploma in pharmacy; |
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(b) |
six members of whom at least 5 [four] shall be persons possessing a degree or
diploma in, and practising pharmacy or pharmaceutical chemistry, nominated by
the Central Government; |
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(c) |
one member elected from amongst themselves by the members of the Medical
Council of India.
1 Subs. by Act 24 of 1959, s. 3, for cl. (f) (w.e.f. 01/05/1960)
2 Subs. by Act 70 of 1976, s. 2 for cls. (h), (i) and (j) (w.e.f 01/09/1976.)
3 Cl. (k), ins. by the A.O. 1950 was omitted by Act 24 of 1959, s. 3 (w.e.f.
01/05/1960)
4 Subs. by Act 70 of 1976, s. 3, for "authority known as the Inter - University
Board" (w.e.f. 01/09/1976).
5 Subs. by s. 3, ibid., for "three" (w.e.f. 01/09/1976)
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(d) |
the Director General, Health Services, exofficio or if he is unable to attend
any meeting, a person authorised by him in writing to do so; |
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(dd) |
1 [the Drugs Controller, India, ex officio or if he is unable to attend any
meeting a person authorised by him in writing to do so;] |
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(e) |
The Director of the Central Drugs Laboratory, ex officio, |
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(f) |
2 [a representative of the University Grants Commission and a representative of
the All India Council for Technical Education; |
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(g) |
one member to represent each 3 * * * State elected 4 [from amongst themselves]
by the members of each Council, who shall be a egistered pharmacist; |
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(h) |
one member to represent each 3 * * * State nominated by 5 [the] State
Government, who shall be 6 * * * a registered pharmacist.
7 [Provided that for five years from the date on which the Pharmacy (Amendment)
Act, 1976, comes into force the Government of each Union territory shall,
instead of electing a member under clause (g) nominate one member, being a
person eligible for registration under section 31, to represent that territory.]
8 * * * * * |
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4. |
The Council constituted under section 3 shall be a body corporate by name of the
Pharmacy Council of India, having perpetual succession and a common seal, with
power to acquire and hold property both movable and immovable, and shall by the
said name sue and be sued. (the Incorporation of Central Council.) |
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5. |
(1) |
The President and Vice-President of the Central Council shall be elected by the
members of the said Council from among themselves. (President and Vice president
of Central Council.)
9 * * * * * |
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(2) |
10 [The President] or Vice-President shall hold office as such for a term not
exceeding five years and not extending beyond the expiry of his term as member
of the Central Council, but subject to his being a member of the Central
Council, he shall be eligible for re-election:
11 [Provided that if his term of office as a member of the Central Council
expires before the expiry of the full term for which he is elected as President
or Vice-President, he shall, if he is re-elected or re-nominated as a member of
the Central Council, continue to hold office as President or Vice-President for
the full term for which he is elected to such office.] |
Mode, of elections
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6. |
Elections under this Chapter shall be conducted in the prescribed manner and
where any dispute arises regarding any such election it shall be referred to the
Central Government whose decision shall be final |
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1 Ins. by Act 24 of 1959, s. 4 (w.e.f. 01/05/1960
2 Subs. by Act 70 of 1976, s. 3, for cl. (f) (w.e.f 01/09/1976
3 The word and letter "Part A" omitted by the Adaptation of Laws (No.3) Order,
1956
4 Ins. by Act 70 of 1976, s. 3 (w.e.f 01/09/1976)
5 Subs. by the adaptation of Laws (No.3) Order, 1956, for "each such"
6 The words "either a registered medical practitioner or" omitted by Act 70 of
1976, s. 3 (w.e.f. 01/09/1976)
7 Subs. by s. 3, ibid., for the former proviso (w.e.f 01/09/1976
8 Explanation omitted by s. 3, ibid. (w.e.f. 01/05/1960)
9 Proviso omitted by Act 24 of 1959, s.5 (w.e.f. 01/05/1960)
10 Subs. By Act 70 of 1976, s. 4, for "An elected President" (w.e.f. 01/09/1976)
11 Added by s. 4, ibid. (w.e.f. 01/09/1976).
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Term of office and casual vacancies |
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7. |
(1) |
Subject to the provisions of this section, a nominated or elected member, 1 *
* * shall hold office for a term of five years from the date of his nomination
or election or until his successor has been duly nominated or elected, whichever
is longer. |
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(2) |
A nominated or elected member may at any time resign his membership by writing
under his hand addressed to the President, and the seat of such member shall
thereupon become vacant. |
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(3) |
A nominated or elected member shall be deemed to have vacated his seat if he is
absent without excuse, sufficient in the opinion of the Central Council, from
three consecutive meetings of the Central Council or if he is elected under
clause (a), (c) or (g) of section 3, if he ceases to be a member of the teaching
staff, Medical Council of India or a registered pharmacist, as the case may be. |
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(4) |
A casual vacancy in the Central Council shall be filled by fresh nomination or
election, as the case may be, and the person nominated or elected to fill the
vacancy shall hold office only for the remainder of the term for which the
member whose place he takes was nominated or elected. |
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(5) |
No act done by the Central Council shall be called in question on the ground
merely of the existence of any vacancy in. or any defect in the constitution of,
the Central Council. |
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(6) |
Members of the Central Council shall be eligible for re-nomination or
re-election. |
Staff, remuneration and allowances
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8. |
2 [ |
The Central Council shall - |
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(a) |
appoint a Registrar who shall act as the Secretary to that Council and who may
also, if deemed expedient by that Council, act as the Treasurer thereof; |
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(b) |
appoint such other officers and servants as that Council deems necessary to
enable it to carry out its functions under this Act; |
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(c) |
require and take from the Registrar, or any other officer or servant, such
security for the due performance of his duties as that Council may consider
necessary; and |
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(d) |
with the previous sanction of the Central Government, fix- |
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(i) |
the remuneration and allowances to be paid to the President, Vice-President,
and other members of that Council |
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(ii) |
the pay and allowances and other conditions of service of officers and servants
of that Council.] |
The Executives Committee
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9. |
(1) |
The Central Council shall, as soon as may be, constitute an Executive Committee
consisting of the President (who shall be Chairman of the Executive Committee)
and Vice-President, ex officio, and five other members elected by the Central
Council from amongst its members. |
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(2) |
A member of the Executive Committee shall hold office as such until the expiry
of his term of office as member of the Central Council, but, subject to his
being a member of the Central Council, he shall be eligible for re-election. |
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(3) |
In addition to the powers and duties conferred and imposed upon it by this Act
the Executive Committee shall exercise and discharge such powers and duties as
may be prescribed.
1 [The words, "other than a nominated President" omitted by Act 70 of 1976, s. 5
(w.e.f. 1.9.1976).
2 Subs. By s. 6, ibid., for s. 8 (w.e.f. 01/09/1976).
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Other Committees |
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9.A |
1 [(1) |
The Central Council may constitute from among its members other committees for
such general or special purposes as that Council may deem necessary and for such
periods not exceeding five years as it may specify, and may co-opt for a like
period persons, who are not members of the Central Council, as members of such
committees. |
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(2) |
The remuneration and allowances to be paid to the members of such committees
shall be fixed by the Central Council with the previous sanction of the Central
Government |
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(3) |
The business before such committees shall be conducted in accordance with such
regulation as may be made under this Act.] |
Education Regulations |
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10. |
(1) |
Subject to the provisions of this section, the Central Council may, subject to
the approval of the Central Government, make regulations, to be called the
Education Regulations, prescribing the minimum standard of education required
for qualification as a pharmacist. |
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(2) |
In particular and without prejudice to the generality of the foregoing power,
the Education Regulations may prescribe- |
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(a) |
the nature and period of study and of practical training to be undertaken
before admission to an examination; |
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(b) |
the equipment and facilities to be provided for students undergoing approved
courses of study; |
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(c) |
the subjects of examination and the standards therein to be attained; |
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(d) |
any other conditions of admission to examinations. |
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(3) |
Copies of the draft of the Education Regulations and of all subsequent
amendments thereof shall be furnished by the Central Council to all State
Governments, and the Central Council shall before submitting the Education
Regulations or any amendment thereof, as the case may be, to the Central
Government for approval under sub-section (1) take into consideration the
comments of any State Government received within three months from the
furnishing of the copies as aforesaid. |
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(4) |
The Education Regulations shall be published in the Official Gazette and in
such other manner as the Central Council may direct. |
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(5) |
The Executive Committee shall from time to time report to the Central Council
on the efficacy of the Education Regulations and may recommend to the Central
Council such amendments thereof as it may think fit. |
Application of Education Regulations |
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11. |
At any time after the constitution of the State Council under Chapter III and
after consultation with the State Council, the State Government may, by
notification in the Official Gazette, declare that the Education Regulations
shall take effect in the State:
Provided that where no such declaration has been made, the Education Regulations
shall take effect in the State on the expiry of three years from the date of the
constitution of the State Council. |
Approval courses of study and examinations |
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12. |
(1) |
Any authority in a State 2 * * * which conducts a course of study for
pharmacists may apply to the Central Council for approval of the course, and the
Central Council, if satisfied, after such enquiry as it thinks fit to make, that
the said course of study is in conformity with the Education Regulations, shall
declare the said course of study to be an approved course of study for the
purpose of admission to an approved examination for pharmacists.
1 lns, by Act 70 of 1976, s. 7 (w.e.f. 1-9-1976).
2 The words "of India" omitted by the A.O. 1950.
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(2) |
Any authority in a state 1 * * * which holds an examination in pharmacy may
apply to the Central Council for approval of the examination, and the Central
Council, if satisfied, after such enquiry as it thinks fit to make, that the
said examination is in conformity with the Education Regulations, shall declare
the said examination to be an approved examination for the purpose of qualifying
for registration as a pharmacist under this Act. |
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(3) |
Every authority in the States 1 * * * which conducts an approved course of study
or holds an approved examination shall furnish such information as the Central
Council may, from time to time, require as to the courses of study and training
and examination to be undergone, as to the ages at which such courses of study
and examination are required to be undergone and generally as to the requisites
for such courses of study and examination. |
Withdrawal approval |
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13. |
(1) |
Where the Executive Committee reports to the Central Council that an approved
course of study or an approved examination does not continue to be in conformity
with the Education Regulations, the Central Council shall give notice to the
authority concerned of its intention to take into consideration the question of
withdrawing the declaration of approval according to the course of study or
examination, as the case may be, and the said authority shall within three
months from the receipt of such notice forward to the Central Council through
the State Government such representation in the matter as it may wish to make. |
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(2) |
After considering any representation which, may be received from the authority
concerned and any observations thereon which the State Government may think fit
to make, the Council may declare that the course of study or the examination
shall be deemed to be approved only when completed or passed, as the case may
be, before a specified date. |
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Qualifications granted outside the territories to which this Act extends |
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14. |
The Central Council, if it is satisfied that any qualification in pharmacy
granted by an authority outside the 2 [territories to which this Act extends]
affords a sufficient guarantee of the requisite skill and knowledge, may declare
such qualification to be an approved qualification for the purpose of qualifying
for registration under this Act, and may for reasons appearing to it sufficient
at any time declare that such qualification shall be deemed 3 [,subject to such
additional conditions, if any, as may be specified by the Central Council,] to
be approved only when granted before or after a specified date:
Provided that no person other than a 4 [citizen of India] possessing such
qualification shall be deemed to be qualified for registration unless by the law
and practice of the State or country in which the qualification is granted,
persons of Indian origin holding such qualification are permitted to enter and
practice the profession of pharmacy. |
Mode of Declarations
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15. |
All declarations under section 12, section 13 or section 14 shall be made by
resolution passed at a meeting of the Central Council, and shall have effect as
soon as they are published in the Official Gazette. |
The Central Register
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15.A |
5 [(1) |
The Central Council shall cause to be maintained in the prescribed manner a
register of pharmacists to be known as the Central Register, which shall contain
the names of all persons for the time being entered in the register for a State. |
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(2) |
Each State Council shall supply to the Central Council five copies of the
register for the State as soon as may be after the first day of April of each
year, and the Registrar of each State Council, shall inform the Central Council,
without delay, all additions to, and other amendments in, the register for the
State made from time to time.
1 The words "of India" omitted by the A.O. 1950.
2 subs. by the Adaptation of Laws (No. 3) Order, 1956, for "Part A States and
Part C States" which had been subs. by the A.O. 1950, for "Provinces of India".
3 Ins by Act 70 of 1976, s. 8 (w.e.f. 1/9/1976).
4 Subs.by the A.O. 1950, for "British Subject of Indian domicile".
5 Ins. By Act 70 of 1976, s. 9 (w.e.f 1/9/1976
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(3) |
It shall be the duty of the Registrar of the Central Council to keep the Central
Register in accordance with the orders made by the Central Council, and from
time to time to revise the Central Register and publish it in the Gazette of
India.
The Central Register shall be deemed to be public document within the meaning of
the Indian Evidence Act, 1872 and may be proved by the production of a copy of
the Register as published in the Gazette of India. |
Registration in the Central Register
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15.B |
The Registrar of the Central Council shall, on receipt of the report of
registration of a person in the register for a State, enter his name in the
Central Register.] |
Inspection |
|
16. |
(1) |
The Executive Committee may appoint such number of Inspectors as it may deem
requisite for the purposes of this Chapter. |
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(2) |
An Inspector may- |
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(a) |
inspect any institution which provides an approved course of study; |
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(b) |
attend at any approved examination; |
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(c) |
inspect any institution whose authorities have applied for the approval of its,
course of study or examination under this Chapter, and attend at any examination
of such institution |
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|
An Inspector attending at any examination under sub-section (2) shall not
interfere with the conduct of the examination, but he shall report to the
Executive Committee on the sufficiency of every examination he attends and on
any other matter in regard to which the executive Committee may require him to
report.
The Executive Committee shall forward a copy of every such report to the
authority or institution concerned, and shall also forward a copy together with
any comments thereon which the said authority or institution may have made, to
the Central Government and to the Government of the State in which the authority
or institution is situated. |
Information to be furnished
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17. |
(1) |
The Central Council shall furnish copies of its minutes and of the minutes of
the Executive Committee and an annual report of its activities 1 * * * to the
Central Government. |
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(2) |
The Central Government may publish in such manner as it may think fit any
report, 2 [or Copy], furnished to it under this section or under section 16. |
Accounts and audit
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17.A |
3 [(1) |
The Central Council shall maintain proper accounts and other relevant records
and prepare an annual relevant records and prepare an annual statement of
accounts, in accordance with such general directions as may be issued and in
such form as may be specified by the Central Government in consultation with the
Comptroller and Auditor-General of India. |
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(2) |
The accounts of the Central Council shall be audited annually by the Comptroller
and Auditor-General of India or any person authorized by him in this behalf and
any expenditure incurred by him or any person so authorized in connection with
such audit shall be payable by the Central Council to the Comptroller and
Auditor-General of India. |
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(3) |
The Comptroller and Auditor-General of India and any person authorized by him in
connection with the audit of the accounts of the Central Council shall have the
same rights and privileges and authority in connection with such audit as the
Comptroller and Auditor-General of India has in connection` with the audit of
Government accounts, and in particular, shall have the right to demand the
production of books of accounts, connected vouchers and other documents and
papers.
1 The words "together with an abstract of its accounts" omitted by Act; 70 of
1976, s. 10 (w.e.f. 1-9-1976).
2 Subs. by s. 10, ibid., for "copy or abstract" (w.e.f. l-9-1976).
3 Ins by s. 11, ibid. (w.e.f. 1-9-1976).
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(4) |
The accounts of the Central Council as certified by the Comptroller and
Auditor-General of India or any person authorized by him in this behalf together
with the audit report thereon shall be forwarded annually to the Central Council
which shall forward the same with its comments to the Central Government.] |
Power to make regulations
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18. |
(1) |
The Central Council may, with the approval of the Central Government, 1 [by
notification in the Official Gazette,] make regulations consistent with this Act
to carry out the purposes of this Chapter. |
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(2) |
In particular and without prejudice to the generality of the foregoing power,
such regulations may provide for |
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2 [(a) |
the management of the property of the Central Council; |
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(b) |
the manner in which elections under this Chapter shall be conducted; |
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(c) |
the summoning and holding of meetings of the Central Council, the times and
places at which such meetings shall be held, the conduct of business thereat and
the number of members necessary to constitute a quorum; |
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(d) |
the functions of the Executive Committee, the summoning and holding meetings
thereof, the times and places at which such meetings shall be held, and the
number of members necessary to constitute a quorum; |
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(e) |
the powers and duties of the President and Vice-President; |
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(f) |
the qualifications, the term of office and the powers and duties of the
[Registrar, Secretary], Inspectors and other officers and servants of the
Central Council, including the amount and nature of the security to be furnished
by the 4 [Registrar or any other officer or servant]. |
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5 [(g) |
the manner in which the Central Register shall be maintained and given
publicity; |
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(h) |
constitution and functions of the committees other than Executive Committee, the
summoning and holding of meetings thereof, the time and place at which such
meetings shall be held, and the number of members necessary to constitute the
quorum.] |
|
3) |
Until regulations are made by the Central Council under this section, the
President may, with the previous sanction of the Central Government, make such
regulations under this section, including those to provide for the manner in
which the first elections to the Central Council shall be conducted, as may be
necessary for carrying into effect the provisions of this Chapter, and any
regulations so made may be altered or rescinded by the Central Council in
exercise of its powers under this section. |
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1 [(4) |
Every regulation made under this Act shall be laid, as soon as may be after it
is 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 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.] |
1 Ins. by Act 4 of 1986, s. 2 and the Sch. (date to be notified).
2 ubs. by Act 70 of 1976, s. 12, for Cl. (a) (w.e.f. 1-9-i976).
3 Subs, by s. 12, ibid., for 'Secretary" (w.e.f.1-9-1976).
4 Subs. by s. 12, ibid., for "Treasurer" (w.e.f. 1-9-1976).
5 Ins. by . 12 ibid. (w.e.f. 1.9-1976). |
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