Bare ActsThe West Bengal Allied-medical And Para-medical Council Act, 2015

Section 89

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

(1) Whenever it appears or is made to appear to the State Government that the Council is unable to perform, or has failed to perform any of the duties imposed on it by or under this Act, or has failed to exercise or has exceeded or abused any of the powers conferred on it by or under this Act, or has willfully or without sufficient cause failed to comply with any direction issued by the State Government under section 88, the State Government may take appropriate remedial measures as it may deem fit and proper which may include direction upon the Council to take appropriate remedial measures and the Council shall be bound to abide by such directions. (2) If it is of the opinion that such failure, excessive exercise or abuse of power is of a serious nature, it may, by notification in the Official Gazette, either suspend the Council for such period as may be specified in the notification or dissolve the Council: Provided that before issuing a notification under this sub-section, the State Government shall give a reasonable time to the Council to show cause why it should not be suspended or dissolved, as the case may be, and shall consider the explanation and objections, if any, of the Council. (3) Upon the publication of a notification under sub-section (2) suspending or dissolving the Council, as the case may be— (a) all the members of the Council shall, notwithstanding that their term of office had not expired, as from the date of suspension or dissolution, as the case may be vacate their offices as such members; (b) during the period of suspension or during the period from dissolution till reconstitution of the Council, as the case may be, the management of the affairs of the Council shall be taken over and all the powers and duties, which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Council, shall be exercised and performed by such person or body of persons as the State Government may authorize. (4) On the expiration of the period of suspension specified in the notification, the State Government may extend the period of suspension for such further period as it may consider necessary. (5) In the event of dissolution, the State Government shall reconstitute the Council in the manner provided and on the constitution of such Council the properties and funds referred to in sub-section (2) shall re-vest in that Council. 40 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2015 [PART III The West Bengal Allied-Medical and Para-Medical Council Act, 2015. (Chapter X.—Miscellaneous.—Section 90.) Power to make rules.

Section 89 – The West Bengal Allied-medical And Para-medical Council Act, 2015 | DailyLaw.ai