Sri Lanka Consolidated Acts

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Homoeopathy Act (No. 7 of 1970) - Sect 11

Removal of members from office

11.
(1) The Minister may, without assigning any reason, remove from office, by Order published in the Gazette, any appointed or elected member of the Council. In the exercise of his powers under the preceding provisions of this section the Minister may act either on his own motion or on any recommendation made to him by the Council under sub-section (2). Such Order shall take effect on the date of such publication.
(2) The Council may recommend to the Minister that any appointed or elected member of the Council shall be removed from office on any ground specified in sub-section (4).
(3) The Council may remove from office any elected member of the Council on any ground specified in sub-section (4). A written notice of the decision of the Council to remove such member shall be served on such member by the Council. No such decision shall take effect
(a) where no appeal against the decision is preferred to the Minister under sub-section (5) within the period stated therein, until the expiry of that period; and
(b) where an appeal is so preferred, unless and until the decision is confirmed on such appeal.
(4) The Council may recommend to the Minister under sub-section (2) that any member of the Council shall be removed from office, or may remove from office any elected member of the Council under sub-section (3), on any of the following grounds:
(a) that, being an advocate or a proctor, he has appeared in any legal proceedings, whether civil or criminal, against the Council;
(b) that he has so abused his position as a member of the Council as to render his continuance in office detrimental to the interests of the Council.
(5) Any member of the Council who is aggrieved by the decision of the Council to remove him from office may, within a period of fourteen days after the service on him of the notice of such decision, prefer a written appeal against such decision to the Minister. The Minister may on such appeal, after giving both the Council and the appellant an opportunity of being heard, make an order either confirming or rejecting such decision. The Minister shall cause a notice of his order on such appeal to be served on both the appellant and the Council.


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