Section 1 - Short title and commencement

1. This Act may be called the Uttarakhand Medical Service Selection Board Act, 2015.
2. It shall come into force on such date as the State Government may, by notification, appoint in this behalf.

Section 2 - Applicability



The provisions of this Act, will apply to all posts of Group 'B' of Medical Officer and to the Professors, Assistant Professors, Associate Professors, and to the posts of Medical College, Nursing College Schools falling under the purview of Public Service Commission. The State Government may place or remove the Para-medical post of Medical Service from the purview of the Board by notification.


Section 3 - Definition



In this Act, unless the context otherwise requires--

1. "Appointing authority" in relation to Medical Service or post, means the authority empowered to make appointment to such service or post;
2. "Board" means the Uttarakhand Medical Services Selection Board constituted under Section 4;
3. "Chairman" means the Chairman of the Board;
4. "Group 'B' post" means the post specified as such by the State Government from time to time;
5. "Member" means the member of the Board and includes Chairman;
6. "Secretary" means the Secretary of the Board;
7. "year of recruitment" means the period of twelve months commencing on the first day of July of a calendar year.

Chapter II - ESTABLISHMENT OF THE BOARD
Section 4 - Establishment of the Board



On and from such date as the State Government may, by notification, appoint in this behalf, there shall be established a Board to be known as the Uttarakhand Medical Service Selection Board.


Section 5 - Composition of the Board


1. The Board shall consist of a Chairman and such other Member not exceeding two as the State Government may from time to time appoint:

Provided that the member shall be eligible for appointment as the Chairman but he shall not be eligible for re-appointment or continuance in office either as a Member or Chairman after the required period of his term is over.

1. If the office of the Chairman becomes vacant or if the Chairman by reason of absence or for any other reason is unable to perform the duties of his office, such duties shall, until some person is appointed under sub-section (1) has assumed office or, as the case may be until the Chairman has resumed his duties, be performed by a member as the State Government may appoint for the said purpose.

Section 6 - Appointment of Chairman and Member

The Chairman shall be a person of national/state repute in the field of medical health and medical education. He shall be appointed by the State Government.
2. Director General Medical Health and Family Welfare of Uttarakhand and Director Medical Education Government of Uttarakhand shall be designated Members of the Board.
3. The Board may co-opt 4 to 5 specialists from the field of medical health.

Section 7 - Powers and duties of Chairman and other Member


1. The Chairman shall be in charge of the administration of the Board and shall have the power to?
   1. Constitute Committees or sub-committees from amongst the Member with or without one of more non-member;
   2. allocate to Member, committees and sub-committees such work as is not specifically allocated by this Act or rules or regulation made thereunder;
   3. co-ordinate the working of the Board and its Member;
   4. grant leave to and approve the tour programmes of Member and officers of the Board;
   5. The Member shall assist the Chairman in conduction of the examinations and interviews of candidates and do such other work as may be allocated to them by or under this Act, the rules or regulation made thereunder, or by the Chairman under clause (b) of subsection (1).
   
   Section 8 - Terms of Office and conditions of service of Member
   
   
   1. The Chairman or every other Member shall hold office for a term of six years from the date he assumes his office:

   Provided that no member including the Chairman shall hold office as such after he has attained the age of seventy years or he has completed his term, whichever is earlier.

   1. The Chairman or other Member may, at any time, by writing under his hand addressed to the State Government resign from his office.
   2. The Chairman or other member may he removed from his office by an order made by the State Government on the ground that he has acquired any of the disqualifications specified in Section 10 or on the ground of misconduct or incapacity after an inquiry made by a Judge of the High Court in the manner as may be prescribed in which such Member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
   3. The salary and allowance payable to, and other terms and conditions of the Chairperson or the members shall be such as may be prescribed.
   
   Section 9 - Disqualification for being the Chairman or other Member
   
   

   A person shall be disqualified for appointment as Chairman or other member if he--

   • 1. becomes an undischarged insolvent;
     2. is convicted and sentenced to imprisonment for an offence which in the opinion of the State Government, involves moral turpitude;
     3. becomes of unsound mind and stands so declared by a competent court.
     
     Section 10 - Power to Associate
     
     

     The Board may associate with itself, in such manner and for such purposes as may be determined by regulations made under this Act, any person whose assistance or advice it may desire to have in carrying out any of the provision of this Act.

     
     Section 11 - Proceedings of the Board not to be invalidated
     
     

     No act or proceeding to the Board shall be deemed to be invalid merely on the ground of--

     • 1. any vacancy or defect in the constitution of the Board;
       2. any defect or irregularity in the appointment of a person acting as the Chairman or other Member thereof; or
       3. any defect or irregularity in such act or proceeding not affecting the substance.

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