Section 9 of The National Commission for Homoeopathy 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 is required to hold a meeting at least once every three months.
- The Chairperson leads the meetings, but if they are absent, a nominated President of an Autonomous Board steps in to lead.
- To make a meeting official, at least half of the total members must be present.
- Decisions are made by a simple majority vote, and if there is a tie, the person leading the meeting gets an extra tie-breaking vote.
Practical examples
FAQ
1. What happens if there is a tie vote during a meeting?
The Chairperson, or the person leading the meeting in their absence, casts a second vote to break the tie.
2. Can a meeting be cancelled just because a member's seat is currently empty?
No, the rules say that acts or proceedings are still valid even if there is a vacancy or a minor defect in how a member was appointed.
Test yourself
Q1.Under Section 9 of The National Commission for Homoeopathy Act, 2020., how frequently is the Commission legally required to meet?
Q2.Under Section 9 of The National Commission for Homoeopathy Act, 2020., what happens if the Chairperson is unable to attend a scheduled meeting?
Q3.Under Section 9 of The National Commission for Homoeopathy Act, 2020., a person has 15 days to appeal a Commission decision to the Central Government. However, considering the cross-reference to Section 31, which specific type of decision is explicitly excluded from this 15-day appeal process?
Q4.Under Section 9 of The National Commission for Homoeopathy Act, 2020., if exactly half of the Commission members vote "Yes" on a new policy and the other half vote "No", how is the deadlock resolved?