Bare ActsThe SIKKIM NURSES,MIDWIVES AND HEALTH VISTORS ACT,2008

Section 7

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Amendment status not verified — confirm the current text below against the official source.

s. Vacancy nol to a{fect proceedings. 2) Any such mer.ber may at any t me resigo h s appo ntme.t by etier addressed to the President of the Counci When a vacancyoccurs in the office oJ a memberol the CoLincillhrough aleaih resignat on. Iernovalor disab ity of suclr member or othelw se, prev ous to the exp ryoi tl'r-" perlod oi h s office, the vacancy sha lbe liled in the manner prescr bed. Afy person e ected or llom nated io fil a casua vacancy sha l, not\rit rstanclng an),'th ng conla ned in sect on 5 hodoftce on V so ong as the member in whose place he is elected or nomi'ated would have l're cJ oflice I the vacancy had noi occurred. lf a vacancy in the oilice ol a mernber of the Council has occurred tlre conilnu ng rnembers of the Council has occllrred, the cont nuing nrembers lhereoi shallaci as f no vacancy had occurred, and no acl or proceed ng ot -a Cou'_ 5'a oe ciee'neo,'\a o' 'e e. oy paso_ o' l /o(a v the Counc lor the disquail cation oi or of delect ln ihe eLection cr nom nai on ol a person acting as a memllel of the Counc I A person sha I be disqua lfied for being chosen as' and for beln0, a member of the Counc l,- (a) f he/she has been senlenced by a crim nal court lor an oifenee nvo ving raorallurpitude and pun shable with lrnpliSonme ri for a term exceeding th-ee monihs, s!ch sentence not having been subsequelltly reversed, quasheal or rem tted, un ess he has by order. vrhich ihe State government s hereby empowered 1o make in th s behalf, been rellevedlrom the d squalflcation arlsing on accountof sucr sentence or (b) it he/she s an un-discharged insolveni' or (c) if he/she s of unsound mind a rcl stands so declard by a cornpetent Court, or (d) il his/her na..e has been rernoved irom the register' or (e) if her'she ls a whoLe t me offlcer or servant of the Councl ' (1) f any member. cluring the perlod ior which he has been e ecied or norninated (a) absents hlmsell wlihout excuse sufficient n the opinion of the bounil, from three consecLrt ve ordinary rneet ngs of the Counc I or (b) absent out of lndia ior a perod exceed ng elghth consecuuve months; or (c) ceases to be a member of the elecloraie or body by whlch he was elected or; (d) becomes subjectto anyoithe dlsqua iflcations speclf ed in section 8l or (e) having been elected by the Sikkim Medica Counc l' ceases to be a registered medlcal Practit oner; " the Preslcleniofthe Counci shal fo'lhwith reportthe factto ihe State Governrnent, wh oh slrallthereupon, by an orderinwrtlfg, declare his sealio be vacani 5 B. Disqualifications. Disabilities from continuing as member t.2) ll any question ar ses whether a vacaocy flas occurre.j !nder SLlb 9eat"l (1), the orders of lhe Slate Government shal lle f inal lor tlle iLecisio I i.ri such questior. The Council may permit any n'lember to absent ffom the meelings ol the Counci for any per od nol exceeding s x nonths. The Secreta ry of the Counc L(who rnay also, f it ls deemed exped errt by lhe Councilto act as 'freasurer)shall for three years lrorrl lhe 1 rsi consl tution oi the Courlcll, be a persor appo nted by 1he State Goverrrrnerll ancl shall fro cl olllce during the pleasure of the State Goverrlrl ent. ihe Councllshal!. e ect irom among lts rnembers a V ce Pres dentl const tute ilonr amofg its rnernbers an ExecLllive Colllm nee and such othe r comrr i11ees forgeneTal orspec a purposes as the Councllcleems recessary tocarry outthepurposes oilh s Aci: (c) subject to the provis ons ol sub-section ( T ) appoint a Secretary, who may a so, li deemed exped ent, act as Treasurer; (d) appoint or nom nate such other oificers and servarlls as the Counc I deems necessary lo carry out the purposes of th s Act; (e) require and take trom the Secretary, oT frorn any other olflcer or servant, such security for the due performal'lce of lris dLrt es as the Council deenis necessary; (i) with the previous sanction ot the State Government, fix the iees and allowances to be pa d to the Presider,t v ce Presidenl and firenrber and the pay and a lowances ot ofiicers and setuants of the Council. The Executive Committee shal consisi of six rnembers, ol whorn I ve sha I be elected by ilre Counci t.on'r among its membeTS. The F'resident and V ce Pres dent of the Council shal be m-'mbers ex_ officio ot the Executlve Cornrn ltee, and shal be Presideni and V ce Pres clenl respeclLvely of the Comrnittee ln addition to the powers and duties conierred and mposeo Lrp,on it by this Ac1, the Executive Committee shall exercise and discharge such powers and duties as the Council r.ay confer or impose upon lt by any regulations whlch may be made n this ireha f. Al e ect ons to be held by d stributlve systern oJ vot ng. Explanation Distrlbutive sysrem ol voting rneans a system oi vot ng ln which every vote. shall be entitled 10 g ve as many votes as there are seats to be lil ed: Provided thatnovotersha grve rnorethan one vote to anyonecanddale: Provided further that no vollng paper shal be deemed to be valld un ess the voter has recorded allthe votes which he is entlt!ed to glve. 6

Section 7 – The SIKKIM NURSES,MIDWIVES AND HEALTH VISTORS ACT,2008 | DailyLaw.ai