Section 9 of The National Commission for Indian System of Medicine Act, 2020
- (1)The Commission shall meet at least once every quarter at such time and place as may be appointed by the Chairperson.
- (2)The Chairperson shall preside at the meeting of the Commission and if, for any reason, the Chairperson is unable to attend a meeting of the Commission, any Member being the President of the Autonomous Boards, nominated by the Chairperson shall preside at the meeting.
- (3)Unless the procedure to be followed at the meetings of the Commission is otherwise provided by regulations, one-half of the total number of Members of the Commission including the Chairperson shall constitute the quorum and all decisions of the Commission shall be taken by a majority of the members, present and voting and in the event of equality of votes, the Chairperson or in his absence, the President of the Autonomous Board nominated under sub-section (2), shall have the casting vote.
- (4)The general superintendence, direction and control of the administration of the Commission shall vest in the Chairperson.
- (5)No act or proceeding of the Commission shall be invalid merely by reason of--
- (a)any vacancy in, or any defect in the constitution of, the Commission; or
- (b)any defect in the appointment of a person acting as a Chairperson or as a Member.
- (6)A person who is aggrieved by any decision of the Commission, except the decision rendered under sub-section (4) of section 31, may prefer an appeal to the Central Government against such decision within fifteen days of the communication of such decision.
Summary
- The Commission must meet at least once every three months (every quarter).
- The Chairperson presides over the meetings, but if they are away, they can nominate a President of an Autonomous Board to lead.
- For a meeting to be valid, half of the total members must be present to form a quorum.
- Decisions are made by a majority vote of the members who are present and voting.
- If there is a tie in votes, the person presiding over the meeting gets to cast a second, deciding vote.
- Anyone unhappy with a Commission decision can usually appeal to the Central Government within fifteen days.
Practical examples
FAQ
1. How often does the Commission have to meet?
They must meet at least once every quarter.
2. What happens if there is a 10 to 10 tie in a vote during a meeting?
The Chairperson (or the person presiding) casts a second vote, called a casting vote, to break the tie.
3. Is every decision of the Commission appealable to the government?
Most are, but there is an exception for decisions related to professional misconduct under Section 31(4), which have a different appeal process.
4. Can a meeting happen if only five members show up?
No. One-half of the total number of Members, including the Chairperson, must be present to reach the required quorum.
Test yourself
Q1.Under Section 9 of The National Commission for Indian System of Medicine Act, 2020, what is the minimum frequency for Commission meetings?
Q2.Under Section 9 of The National Commission for Indian System of Medicine Act, 2020, who has the "casting vote" in the event of an equality of votes during a meeting?
Q3.According to Section 9 of The National Commission for Indian System of Medicine Act, 2020, what constitutes a quorum for a meeting of the Commission?
Q4.Under Section 9 of The National Commission for Indian System of Medicine Act, 2020, what is the time limit for an aggrieved person to appeal a Commission decision to the Central Government?
Q5.Under Section 9 of The National Commission for Indian System of Medicine Act, 2020, which specific type of decision is NOT appealable to the Central Government under this section?