Section 3. Constitution and incorporation of the Council. 2

3. (1) With effect from such date as the State Government may, by
notification in the Official Gazette notify, there shall be constituted for the
purposes of this Act a Council to be called "the Gujarat Medical Council".
(2) The Council shall be a body corporate, having perpetual succession
and a common seal, with power to acquire, hold and dispose of property,
whether moveable or immoveable and to contract and to do all things
necessary for the purposes of this Act, and may be the name aforesaid sue
and be sued.
(3) The Council shall consist of the following members, namely:-
(a) five members to be nominated by the State Government, out of
whom not more than one may be a person who is not a practitioner;
(b) one member from each University established by law in the State
which has a medical faculty, elected by members of the medical faculty of the
University from amongst members thereof who are practitioners; and
(c) six members to be elected by registered practitioners from
amongst themselves.
(4) The President and Vice-President shall be elected by the members
from amongst themselves.
(5) The election of the members, and of the President and VicePresident, shall be held at such time, and it such place, and in such manner,
as may be prescribed.
(6) If at any election, the electors fail to elect the requisite number of
members, or the President or the Vice-President, the State Government shall
nominate such registered practitioner or practitioners as it deems fit, to fill
up the vacancy or vacancies; and the practitioners so nominated shall be
deemed to have been duly elected under this section.
(7) Where any dispute arises regarding any election of a member or the
President or Vice-President, it shall be referred to the State Government, and
the decision of that Government shall be final.
(8) Notwithstanding anything contained in sub-section (3)-
(i) in respect of the constitution of the Council for the first time under
this Act, the members thereof shall be nominated by the State Government
from amongst persons qualified to be elected or nominated as members of
the respective class;
(ii) the members so nominated shall hold office for such period not
exceeding three years in the aggregate as the State Government may, by
notification in the Official Gazette, specify.