First published after having received the assent of the President in the “Gujarat Government Gazette” on the 15th April, 1968
An Act to consolidate and amend the law regulating the registration of persons practicing modern scientific medicine in the State of Gujarat.
It is hereby enacted in the Eighteenth Year of the Republic of India as follows :-
CHAPTER I
PRELIMINARY
1. Short title, extent
and
commencement.
and
commencement.
(1) This Act may be called the Gujarat Medical Council Act, 1967.
(2) It extends to the whole of the State of Gujarat.
(3) This section shall come into force at once; and the remaining provisions of
this Act shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.
this Act shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.
2. Definitions
In this Act, unless the context otherwise requires,-
(a) “appointed day” means the date on which the provisions of this Act other
than section 1 come into force under sub-section (3) of section 1;
than section 1 come into force under sub-section (3) of section 1;
(b) “Council” means the Gujarat Medical Council constituted under section 3;
(c) “Executive Committee” means the Executive Committee of the Council
constituted under section 11;
constituted under section 11;
(d) “medical practitioner” or “practitioner” means a person who is engaged in
the practice of modern scientific medicine in any of its branches including
surgery and obstetrics, but not including veterinary medicine or surgery or the
Ayurvedic,’ Unani or Homoeopathic system of medicine;
the practice of modern scientific medicine in any of its branches including
surgery and obstetrics, but not including veterinary medicine or surgery or the
Ayurvedic,’ Unani or Homoeopathic system of medicine;
(e) “member” means a member of the Council;
(f) “prescribed” means prescribed by rules;
(g) “President” means the President of the Council;
(h) “register” means the register of medical practitioners prepared or deemed
to be prepared and maintained under this Act;
to be prepared and maintained under this Act;
(i) “registered practitioner” means a medical practitioner whose name is for
the time being entered in the register, hut does not include a person whose
name is provisionally entered in the register;
the time being entered in the register, hut does not include a person whose
name is provisionally entered in the register;
(j) “Registrar” means the Registrar appointed under section 33 or 14, as the
case may be;
case may be;
(k) “rules” means rules made under section 31;
(l) “Schedule” means the Schedule appended to this Act;
(m) “Vice-President” means the Vice-President of the Council
CHAPTER II
CONSTITUTION, FUNCTIONS AND POWERS OF THE COUNCIL
3.Constitution and
incorporation of the
Council.
incorporation of the
Council.
(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”.
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.
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;
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 arc
practitioners; and
which has a medical faculty, elected by members of the medical
faculty of the University from amongst members thereof who arc
practitioners; and
(c) six members to be elected by registered practitioners from
amongst themselves.
amongst themselves.
(4) The President and Vice-President shall be elected by the members from
amongst themselves.
amongst themselves.
(5) The election of the members, and of the President and Vice-President,
shall be held at such time, and it such place, and in such manner, as may be
prescribed.
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 lit, to fill up
the vacancy or vacancies; and the practitioners so nominated shall be deemed
to have been duly elected under this section.
members, or the President or the Vice-President, the State Government shall
nominate such registered practitioner or practitioners as it deems lit, 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.
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 Slate
Government from amongst persons qualified to be elected or
nominated as members of the respective class;
this Act, the members thereof shall be nominated by the Slate
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.
exceeding three years in the aggregate as the State Government may,
by notification in the Official Gazette, specify.
4. Term of office
(1) The State Government shall, by notification in the Official Gazette, publish the names of the members, whether elected or nominated.
(2) Save as otherwise provided by this Act, a member, whether elected or
nominated, shall hold office for a term of five years from the date of
publication of the notification under sub-section (1) :
nominated, shall hold office for a term of five years from the date of
publication of the notification under sub-section (1) :
Provided that, where a person is elected by members of medical
faculty of a University, he shall cease to hold office as a member if he ceases
to belong to that faculty.
faculty of a University, he shall cease to hold office as a member if he ceases
to belong to that faculty.
(3) Save as otherwise provided by this Act, the President or the VicePresident shall hold office from the date of his election upto the day on which his term of office as member expires.
(4) The term of office of an outgoing member shall, notwithstanding anything
contained in sub-section (2), be deemed to extend to and expire with the day
immediately preceding the day on which the names of the successor members
are published under sub-section (1).
contained in sub-section (2), be deemed to extend to and expire with the day
immediately preceding the day on which the names of the successor members
are published under sub-section (1).
(5) The term of office of an outgoing President or Vice-President shall,
notwithstanding anything contained in sub-section (3), be deemed to extend
to and expire with the day immediately preceding the day on which the
successor President or Vice-president, as the case may be, is elected.
notwithstanding anything contained in sub-section (3), be deemed to extend
to and expire with the day immediately preceding the day on which the
successor President or Vice-president, as the case may be, is elected.
(6) An outgoing member, President or Vice-President, shall be eligible for
reelection or re-nomination.
reelection or re-nomination.
(7) Leave of absence may be granted by the Council to any member for a
period not exceeding six months.
period not exceeding six months.
5.Casual vacancies
(1) Any casual vacancy, previous to the expiry of the term, in the office of the
President or the Vice-President or a member elected under clause
President or the Vice-President or a member elected under clause
(b) or (c) of
sub-section (3) of section 3, caused by reason of death, resignation,
disqualification or disability or any other reason, shall be filled by election :
sub-section (3) of section 3, caused by reason of death, resignation,
disqualification or disability or any other reason, shall be filled by election :
Provided that, any such vacancy in the office of an elected member
occurring within six months prior to the date on which the term of office of
all the members expires, shall not be filled.
occurring within six months prior to the date on which the term of office of
all the members expires, shall not be filled.
(2) Any casual vacancy, previous to the expiry of the term, in the office of a
member nominated under clause (a) of sub-section (3) or sub-section (8) of
section 3 shall be reported forthwith by the Registrar to the Slate
Government, and shall as soon as possible thereafter be filled by the State
Government by nomination.
member nominated under clause (a) of sub-section (3) or sub-section (8) of
section 3 shall be reported forthwith by the Registrar to the Slate
Government, and shall as soon as possible thereafter be filled by the State
Government by nomination.
(3) Any person elected under sub-section (1) or nominated under sub-section
(2) to fill a casual vacancy shall, notwithstanding anything contained in subsection (8) of section 3 or section 4, hold office only so long as the person in
whose place he is elected or nominated would have held office, if the vacancy
had not occurred.
(2) to fill a casual vacancy shall, notwithstanding anything contained in subsection (8) of section 3 or section 4, hold office only so long as the person in
whose place he is elected or nominated would have held office, if the vacancy
had not occurred.
6. Resignation.
(1) The President or the Vice-President may at any time resign his office by a
notice in writing addressed to the Council and delivered to the Registrar. The
resignation shall take effect from the date on which it is accepted by the
Council or on the expiry of sixty days from the date of the delivery of the
notice, whichever event occurs earlier.
notice in writing addressed to the Council and delivered to the Registrar. The
resignation shall take effect from the date on which it is accepted by the
Council or on the expiry of sixty days from the date of the delivery of the
notice, whichever event occurs earlier.
(2) An elected member may at any time resign his office by a notice in
writing addressed to the President. A nominated member may at any time
resign his office by a notice in writing addressed to the State Government,
Every such resignation shall take effect from the date on which it is accepted
by the President or, as the case may be, the State Government or on the expiry
of sixty days from the dale of the receipt of the notice, whichever event
occurs earlier
writing addressed to the President. A nominated member may at any time
resign his office by a notice in writing addressed to the State Government,
Every such resignation shall take effect from the date on which it is accepted
by the President or, as the case may be, the State Government or on the expiry
of sixty days from the dale of the receipt of the notice, whichever event
occurs earlier
7. Disqualification and
disability
disability
(1) A person shall be disqualified for being elected or nominated as, and for
continuing as, a member, –
continuing as, a member, –
(a) if he is an undischarged insolvent;
(b) if he is of unsound mind and stands so declared by a competent
court;
court;
(c) if his name has been removed from the register and has not been
re-entered therein; or
re-entered therein; or
(d) if he is a whole-time officer or servant of the Council.
(2) If any member absents himself from three consecutive meetings of the
Council, without leave of the Council granted under sub-section (7) of section
4 or without such reasons as may, in the opinion of the Council, be suffeient,
the Council may declare his scat vacant and take steps to fill the vacancy.
Council, without leave of the Council granted under sub-section (7) of section
4 or without such reasons as may, in the opinion of the Council, be suffeient,
the Council may declare his scat vacant and take steps to fill the vacancy.
(3) If any member becomes or is found to be subject to any of the,
disqualifications mentioned in sub-section (1), the Council shall submit a
report to the State Government, and the State Government, if satisfied about
the disqualification, shall declare his seat vacant.
disqualifications mentioned in sub-section (1), the Council shall submit a
report to the State Government, and the State Government, if satisfied about
the disqualification, shall declare his seat vacant.
8. Meetings of
Council.
Council.
(1) The meetings of the Council shall be convened, held and conducted in
such manner as may be prescribed.
such manner as may be prescribed.
(2) The President, when present, shall preside at every meeting of the
Council. If at any meeting the President is absent, the Vice-President, and in
the absence of both, some other member elected by the members present from
amongst themselves, shall preside at such meeting.
Council. If at any meeting the President is absent, the Vice-President, and in
the absence of both, some other member elected by the members present from
amongst themselves, shall preside at such meeting.
(3) All questions at a meeting of the Council shall be decided by majority of
votes.
votes.
(4) The presiding authority at a meeting shall have and exercise a second or
casting vote, in case of an equality of voles.
casting vote, in case of an equality of voles.
(5) Six members including the President and the Vice-President shall form a
quorum. When a quorum is required but not present, the presiding authority
shall, after waiting for not less than twenty minutes for such quorum, adjourn
the meeting to such hour on some future day as it may notify on the notice
board at the office of the Council; and the business which would have been
brought before the original meeting had there been a quorum thereat, shall be
brought before the adjourned meeting, and may be disposed of at such
meeting or any subsequent adjournment thereof, whether there be a quorum
present, or not.
quorum. When a quorum is required but not present, the presiding authority
shall, after waiting for not less than twenty minutes for such quorum, adjourn
the meeting to such hour on some future day as it may notify on the notice
board at the office of the Council; and the business which would have been
brought before the original meeting had there been a quorum thereat, shall be
brought before the adjourned meeting, and may be disposed of at such
meeting or any subsequent adjournment thereof, whether there be a quorum
present, or not.
9.Proceedings of
meetings and
validity of acts.
meetings and
validity of acts.
(1) The proceedings of the discussion of every meeting of the Council, shall
be treated as confidential; and no person shall, without the previous resolution
of the Council, disclose any portion thereof:
be treated as confidential; and no person shall, without the previous resolution
of the Council, disclose any portion thereof:
Provided that, nothing in this section shall be deemed to prohibit any
person from disclosing or publishing the text of any resolution adopted by the
Council, unless the Council directs such resolution also to be treated as
confidential.
person from disclosing or publishing the text of any resolution adopted by the
Council, unless the Council directs such resolution also to be treated as
confidential.
(2) No disqualification of or defect in the election or nomination of any
person as a member, or as the President, or as the Vice-President, or as a
presiding authority of a meeting, shall of itself be deemed to vitiate any act or
proceedings of the Council in which such person has taken part, whenever the
majority of persons who are parties to such act or proceedings, were entitled
to vote.
person as a member, or as the President, or as the Vice-President, or as a
presiding authority of a meeting, shall of itself be deemed to vitiate any act or
proceedings of the Council in which such person has taken part, whenever the
majority of persons who are parties to such act or proceedings, were entitled
to vote.
(3) During any vacancy in the Council, the continuing members may act, as if
no vacancy had occurred:
no vacancy had occurred:
Provided that, the number of vacancies shall at any time not exceed
five.
five.
10. Powers, duties and
functions of the
Council.
functions of the
Council.
Subject to such conditions as may be prescribed by or under the provisions of this
Act, the powers, duties and functions of the Council shall be-
Act, the powers, duties and functions of the Council shall be-
(a) to maintain the register, and to provide for the registration of medical
practitioners;
practitioners;
(b) to hear and decide appeals from any decision of the Registrar;
(c) to prescribe a code of ethics for regulating the professional conduct of practitioners;
(d) to reprimand a practitioner, or to suspend or remove him from the register,
or to take such other disciplinary action against him as may, in the opinion of
the Council, be necessary or expedient;
or to take such other disciplinary action against him as may, in the opinion of
the Council, be necessary or expedient;
(e) to exercise such other powers, perform such other duties and discharge
such other functions, as are laid down in this Act, or as may be prescribed.
such other functions, as are laid down in this Act, or as may be prescribed.
11.Executive
Committee
Committee
(1) The Council shall, as soon as may be, constitute an Executive Committee
consisting of the President as ex-officio member and such number of other
members, elected by the Council from amongst its members, as may be
prescribed,
consisting of the President as ex-officio member and such number of other
members, elected by the Council from amongst its members, as may be
prescribed,
(2) The term of office of, and the manner of filling casual vacancies among,
and the procedure to be followed by, the members of the Executive
Committee shall be such as may be prescribed.
and the procedure to be followed by, the members of the Executive
Committee shall be such as may be prescribed.
(3) In addition to the powers, duties and functions conferred, imposed and
entrusted by this Act, the Executive Committee shall exercise such powers,
perform such duties, and discharge such functions, of the Council as may be
delegated to it by rules or entrusted to it, from time to time, by the Council.
entrusted by this Act, the Executive Committee shall exercise such powers,
perform such duties, and discharge such functions, of the Council as may be
delegated to it by rules or entrusted to it, from time to time, by the Council.
(4) The President shall be the ex-officio Chairman of the Executive
Committee.
Committee.
12.Fees and allowances to
members of the
Council and Executive
Committee.
members of the
Council and Executive
Committee.
There shall be paid to the President, the Vice-President and other members of the
Council, and to the members of its Executive Committee, such fees and allowances
for attendance at meetings, and such reasonable travelling allowance, as shall from
time to time be prescribed.
Council, and to the members of its Executive Committee, such fees and allowances
for attendance at meetings, and such reasonable travelling allowance, as shall from
time to time be prescribed.
13. Income and
expenditure of the
Council.
expenditure of the
Council.
(1) The income of the Council shall consist of—
(a) fees received from the practitioners,
(b) grants received from the State Government, if any, and
(c) any other sums received by the Council.
(2) It shall be competent for the Council to incur expenditure for the
following purposes, namely: —
following purposes, namely: —
(a) salaries and allowances of the Registrar and the staff maintained
by the Council;
by the Council;
(b) fees and allowances paid to the members of the Council and the
Executive Committee;
Executive Committee;
(c) remuneration paid to the assessors; and
(d) such other expenses as are necessary for performing the duties and
discharging the functions under this Act.
discharging the functions under this Act.
14. Appointment of
Registrar of the
Council, his duties
and functions
Registrar of the
Council, his duties
and functions
(1) The Council shall, with the previous sanction of the State Government,
appoint a Registrar.
appoint a Registrar.
(2) The Executive Committee may from time to time grant leave to the
Registrar:
Registrar:
Provided that, if the period of leave does not exceed one month, the
leave may be granted by the President.
leave may be granted by the President.
(3) During any temporary vacancy in the office of the Registrar due to leave
or any other reason, the Executive Committee may, with the previous
sanction of the State Government, appoint another person to act in his place, and any person so appointed shall, for the period of such appointment, be
deemed to be the Registrar for the purposes of this Act:
Provided that, when the period of such vacancy does not exceed one
month, the appointment may be made by the President, who shall forthwith
report such appointment to the Executive Committee, and the State
Government.
or any other reason, the Executive Committee may, with the previous
sanction of the State Government, appoint another person to act in his place, and any person so appointed shall, for the period of such appointment, be
deemed to be the Registrar for the purposes of this Act:
Provided that, when the period of such vacancy does not exceed one
month, the appointment may be made by the President, who shall forthwith
report such appointment to the Executive Committee, and the State
Government.
(4) The Council may, with the previous sanction of the State Government,
suspend, dismiss or remove any person appointed as the Registrar, or impose
any other penalty upon him.
suspend, dismiss or remove any person appointed as the Registrar, or impose
any other penalty upon him.
(5) Save as otherwise provided by this Act, the salary and allowances and
other conditions of service of the Registrar shall be such as may be
prescribed.
other conditions of service of the Registrar shall be such as may be
prescribed.
(6) The Registrar shall be the Secretary and the Executive Officer of the
Council. He shall attend all meetings of the Council, and of its Executive
Committee, and shall keep minutes of the names of members present and of
the proceedings at such meetings.
Council. He shall attend all meetings of the Council, and of its Executive
Committee, and shall keep minutes of the names of members present and of
the proceedings at such meetings.
(7) The accounts of the Council shall be kept by the Registrar, in the
prescribed manner.
prescribed manner.
(8) The Registrar shall have such supervisory powers over the staff as may be
prescribed, and may perform such other duties and discharge such other
functions as may be specified in this Act, or as may be prescribed.
prescribed, and may perform such other duties and discharge such other
functions as may be specified in this Act, or as may be prescribed.
(9) The Registrar shall be deemed to be a public servant within the meaning
of section 21 of the Indian Penal Code
of section 21 of the Indian Penal Code
15. Other employees of
the Council.
the Council.
(1) The Council may appoint such officers and servants, other than the
Registrar, as it may deem necessary for performing its duties and discharging
its functions under this Act:
Registrar, as it may deem necessary for performing its duties and discharging
its functions under this Act:
Provided that, the number and designations of such officers and
servants and their salaries and allowances shall be determined by the Council,
with the previous sanction of the State Government.
servants and their salaries and allowances shall be determined by the Council,
with the previous sanction of the State Government.
(2) Notwithstanding anything contained in sub-section (1), but, subject to
such financial limit as may be laid down in this behalf by the Council, it shall
be competent for the Executive Committee to create temporary posts of clerks
or servants and to make appointments thereto, to meet any temporary increase
in work, or to carry out any work of a seasonal character.
such financial limit as may be laid down in this behalf by the Council, it shall
be competent for the Executive Committee to create temporary posts of clerks
or servants and to make appointments thereto, to meet any temporary increase
in work, or to carry out any work of a seasonal character.
(3) The other conditions of service of the officers and servants of the Council
shall be such as may be prescribed.
shall be such as may be prescribed.
(4) The officers and servants of the Council appointed under this section shall
be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code.
be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code.
CHAPTER III
PREPARATION AND MAINTENANCE OF REGISTER
16. Preparation of
register.
register.
(1) As soon as may be after the appointed day, the Registrar shall prepare and
maintain thereafter a register of medical practitioners for the State, in
accordance with the provisions of this Act.
maintain thereafter a register of medical practitioners for the State, in
accordance with the provisions of this Act.
(2) The register shall be in such form, and may be divided into such parts, as
may be prescribed. The register shall include the full name, address, and
qualifications of the registered practitioner, the date on which each
qualification was obtained, and such other particulars as may be prescribed.
may be prescribed. The register shall include the full name, address, and
qualifications of the registered practitioner, the date on which each
qualification was obtained, and such other particulars as may be prescribed.
(3) Any person who possesses any of the qualifications specified in the
Schedule to this Act or in the First, Second or Third Schedule to the Indian Medical Council Act, 1956, shall, subject to any conditions laid down by or
under the Indian Medical Council Act, 1956, at any time on an application
made in the prescribed form to the Registrar and on payment of a fee of fifty
rupees and on presentation of his degree, diploma, licence or certificate, be
entitled to have his name entered in the register :
Schedule to this Act or in the First, Second or Third Schedule to the Indian Medical Council Act, 1956, shall, subject to any conditions laid down by or
under the Indian Medical Council Act, 1956, at any time on an application
made in the prescribed form to the Registrar and on payment of a fee of fifty
rupees and on presentation of his degree, diploma, licence or certificate, be
entitled to have his name entered in the register :
Provided that the name of an applicant who is unable to present his
degree, diploma, licence or certificate may be entered in the register, if he
satisfies the President that he holds such degree, diploma, licence or
certificate but cannot for sufficient cause present the same with his
application.
degree, diploma, licence or certificate may be entered in the register, if he
satisfies the President that he holds such degree, diploma, licence or
certificate but cannot for sufficient cause present the same with his
application.
(4) The name of every person-
(a) who, being entered, on or after the 1st May 1961 in the register
duly kept under section 6 of the Bombay Medical Act, 1912 as in
force in the Bombay area of the State (hereinafter referred to as “the
Bombay Area Register”) stands entered in the said register on the day
immediately preceding the appointed day, or
duly kept under section 6 of the Bombay Medical Act, 1912 as in
force in the Bombay area of the State (hereinafter referred to as “the
Bombay Area Register”) stands entered in the said register on the day
immediately preceding the appointed day, or
(b) who stands entered in the register duly kept under section 6 of the
Bombay Medical Act, 1912 as adapted and applied to the Saurashtra
area of the State, on the day immediately preceding the appointed
day,
shall be entered in the register prepared under this Act, without such person
being required to make an application or to pay any fee for this purpose.
Bombay Medical Act, 1912 as adapted and applied to the Saurashtra
area of the State, on the day immediately preceding the appointed
day,
shall be entered in the register prepared under this Act, without such person
being required to make an application or to pay any fee for this purpose.
(5) (a) Every person, whose name was entered on a date prior to the 1st
May 1961 in the Bombay Area Register and continued in such
register on the day immediately preceding the appointed day, shall be
entitled to have his name continued in the register prepared under this
Act in accordance with provisions of clause (6).
May 1961 in the Bombay Area Register and continued in such
register on the day immediately preceding the appointed day, shall be
entitled to have his name continued in the register prepared under this
Act in accordance with provisions of clause (6).
(b) Within a period of three months from the appointed day or such
further period as the State Government may allow, the Registrar shall
publish a general notice in the Official Gazette and in such
newspapers, as the Council may select, in such form as may be
prescribed, calling upon every person to whom clause (a) applies, to
pay to the Registrar in the prescribed manner a fee of five rupees if he
desires to continue his name on the register under this Act, and shall
also send individual notice for a like purpose by registered post to
every such person at his last known address in such form as may be
prescribed. The name of every such person who pays such fee before
the expiry of the period of two months from the date of publication of
the general notice in the Official Gazette shall be continued on the
register, without such person being required to make an application or
to pay any other fee for this purpose. If such fee is not paid within
time, the Registrar shall remove the name of the defaulter from the
register :
further period as the State Government may allow, the Registrar shall
publish a general notice in the Official Gazette and in such
newspapers, as the Council may select, in such form as may be
prescribed, calling upon every person to whom clause (a) applies, to
pay to the Registrar in the prescribed manner a fee of five rupees if he
desires to continue his name on the register under this Act, and shall
also send individual notice for a like purpose by registered post to
every such person at his last known address in such form as may be
prescribed. The name of every such person who pays such fee before
the expiry of the period of two months from the date of publication of
the general notice in the Official Gazette shall be continued on the
register, without such person being required to make an application or
to pay any other fee for this purpose. If such fee is not paid within
time, the Registrar shall remove the name of the defaulter from the
register :
Provided that, if any application for continuance of the name
so removed is made to the Registrar within a period of six months
from the last date on which such fee should have been paid, the name
so removed may be re-entered in the register on payment of a fee of
ten rupees.
so removed is made to the Registrar within a period of six months
from the last date on which such fee should have been paid, the name
so removed may be re-entered in the register on payment of a fee of
ten rupees.
(6) After the last date for payment of the fee of five rupees under clause (b) of
sub-section (5) has expired and the register prepared in accordance with the
foregoing provisions is ready, the Registrar shall publish a notice in the
Official Gazette and such newspapers as the Council may select, about the
register having been prepared, and the register shall come into force from the
date of the publication of such notice in the Official Gazette.
sub-section (5) has expired and the register prepared in accordance with the
foregoing provisions is ready, the Registrar shall publish a notice in the
Official Gazette and such newspapers as the Council may select, about the
register having been prepared, and the register shall come into force from the
date of the publication of such notice in the Official Gazette.
(7) Every registered practitioner shall be given a certificate of registration in the prescribed form. The registered practitioner shall display the certificate of
registration in a conspicuous part in the place of his practice and if he has
more than one such place in any one of them
registration in a conspicuous part in the place of his practice and if he has
more than one such place in any one of them
17.Special procedure
for registration in
certain cases.
for registration in
certain cases.
(1) No person who possesses a medical qualification granted by any authority
in any place outside the territory of India (other than the qualifications
specified in the Second Schedule or the Third Schedule to the Indian Medical
Council Act, 1956), shall be registered under this Act, unless the procedure
specified in sub-section (2) has been followed.
in any place outside the territory of India (other than the qualifications
specified in the Second Schedule or the Third Schedule to the Indian Medical
Council Act, 1956), shall be registered under this Act, unless the procedure
specified in sub-section (2) has been followed.
(2) Any person, who holds any such medical qualification may apply to the
Council for registration by giving a correct description of his qualification,
with the date on which it was granted, and by presentation of his degree,
diploma, licence or certificate. The Council shall transmit to the Central
Government the application with its opinion whether the medical
qualification possessed by the applicant should be included in Part II of the
Third Schedule to the Indian Medical Council Act, 1956. If the medical
qualification is so included in pursuance of the provisions of sub-section (4)
of Section 13 of that Act the Council may, subject to the provisions of that
Act and on payment of a fee of fifty rupees, enter his name in the register
under section 16.
Council for registration by giving a correct description of his qualification,
with the date on which it was granted, and by presentation of his degree,
diploma, licence or certificate. The Council shall transmit to the Central
Government the application with its opinion whether the medical
qualification possessed by the applicant should be included in Part II of the
Third Schedule to the Indian Medical Council Act, 1956. If the medical
qualification is so included in pursuance of the provisions of sub-section (4)
of Section 13 of that Act the Council may, subject to the provisions of that
Act and on payment of a fee of fifty rupees, enter his name in the register
under section 16.
18. Persons who may
not be registered
not be registered
Notwithstanding anything contained in sections 16 and 17, no person, whose
name has been removed whether before or after the appointed day, from any register
kept under this Act or any other law for the time being in force in India regulating the
registration of medical practitioners on the ground of professional misconduct, shall
be entitled to have his name entered in the register, unless his name is duly ordered to
be restored to the register from which it was so removed
name has been removed whether before or after the appointed day, from any register
kept under this Act or any other law for the time being in force in India regulating the
registration of medical practitioners on the ground of professional misconduct, shall
be entitled to have his name entered in the register, unless his name is duly ordered to
be restored to the register from which it was so removed
19. Fee for and
certificate of
provisional
registration.
certificate of
provisional
registration.
(1) Any person who desires to be registered provisionally under section 25 of
the Indian Medical Council Act, 1956, shall make an application in the
prescribed form to the Registrar and shall pay a fee of five rupees.
the Indian Medical Council Act, 1956, shall make an application in the
prescribed form to the Registrar and shall pay a fee of five rupees.
(2) Every person whose name is entered in the register under sub-section (1)
shall be given a certificate of provisional registration in the prescribed form.
Such certificate shall remain in force for such period as may be specified
therein.
shall be given a certificate of provisional registration in the prescribed form.
Such certificate shall remain in force for such period as may be specified
therein.
20. Maintenance of
register.
register.
(1) It shall be the duty of the Registrar to make entries in the register, from
time to time, to revise the same and to issue certificates of registration in
accordance with the provisions of this Act and the rules made thereunder.
time to time, to revise the same and to issue certificates of registration in
accordance with the provisions of this Act and the rules made thereunder.
(2) The names of registered practitioners who die or whose names are
directed to be removed from the register under section 22 shall be removed
therefrom.
directed to be removed from the register under section 22 shall be removed
therefrom.
(3) Any person whose name is entered in the register and who subsequent to
his registration desires to record in the register any change in his name shall,
on an application made in this behalf and on payment of the prescribed fee be
entitled to have such change in his name recorded in the register.
his registration desires to record in the register any change in his name shall,
on an application made in this behalf and on payment of the prescribed fee be
entitled to have such change in his name recorded in the register.
(4) Subject to the provisions of section 26 of the Indian Medical Council Act,
1956, any person whose name is entered in the register and who subsequent
to his registration obtains any additional qualification specified in the
Schedule to this Act or in any of the Schedules to the Indian Medical Council
Act, 1956, shall on an application made in this behalf, and on payment of the
prescribed fee, be entitled to have an entry stating such additional
qualification made against his name in the register.
1956, any person whose name is entered in the register and who subsequent
to his registration obtains any additional qualification specified in the
Schedule to this Act or in any of the Schedules to the Indian Medical Council
Act, 1956, shall on an application made in this behalf, and on payment of the
prescribed fee, be entitled to have an entry stating such additional
qualification made against his name in the register.
(5) Where it is shown to the satisfaction of the Registrar that a certificate of
registration has been lost or destroyed, the Registrar may, on payment of the
prescribed fee, issue a duplicate certificate.
registration has been lost or destroyed, the Registrar may, on payment of the
prescribed fee, issue a duplicate certificate.
21. Publication of list
of registered
practitioners.
of registered
practitioners.
(1) At such time after the publication of the notice under sub-section (6) of
section 16 as the Council deems fit, and thereafter every five years, the Registrar shall cause to be printed and published a correct list of all persons
for the time being entered in the register.
section 16 as the Council deems fit, and thereafter every five years, the Registrar shall cause to be printed and published a correct list of all persons
for the time being entered in the register.
(2) The Registrar shall cause to be printed and published annually on or
before a date to be decided by the Executive Committee, an addendum and a
corrigendum to the list published under sub-section (1) showing—
before a date to be decided by the Executive Committee, an addendum and a
corrigendum to the list published under sub-section (1) showing—
(a) the names of all persons for the time being entered or re-entered in
the register, and not included in any subsisting list already printed and
published;
(b) the names of all practitioners included in any subsisting list,
whose names have since been removed on account of any reason
whatsoever from, and not re-entered in, the register; and
the register, and not included in any subsisting list already printed and
published;
(b) the names of all practitioners included in any subsisting list,
whose names have since been removed on account of any reason
whatsoever from, and not re-entered in, the register; and
(c) any other amendments to the subsisting list.
(3) The form of the list published under sub-section (1), the particulars to be
included therein, and the manner, of its publication, shall be such as may be
prescribed.
included therein, and the manner, of its publication, shall be such as may be
prescribed.
(4) A copy of the list referred to in sub-section (/), shall be evidence in all
Courts, and in all judicial or quasi-judicial proceedings, that the persons
therein specified are registered according to the provisions of this Act, and the
absence of the name of any person from such copy shall be evidence, until the
contrary is proved, that such person is not registered according to the
provisions of this Act:
Courts, and in all judicial or quasi-judicial proceedings, that the persons
therein specified are registered according to the provisions of this Act, and the
absence of the name of any person from such copy shall be evidence, until the
contrary is proved, that such person is not registered according to the
provisions of this Act:
Provided that, in the case of any person whose name does not appear
in such copy, a certified copy under the hand of the Registrar of the entry of
the name of such person on the register shall be evidence that such person is
registered under the provisions of this Act.
in such copy, a certified copy under the hand of the Registrar of the entry of
the name of such person on the register shall be evidence that such person is
registered under the provisions of this Act.
22. Removal of names
from the register.
from the register.
(1) If a registered practitioner has been, after due inquiry held by the Council
or by the Executive Committee in the prescribed manner, found guilty of any
misconduct by the Council, the Council may-
or by the Executive Committee in the prescribed manner, found guilty of any
misconduct by the Council, the Council may-
(a) issue a letter of warning to such practitioner, or
(b) direct the name of such practitioner-
(i) to be removed from the register for such period as may be
specified in the direction, or
specified in the direction, or
(ii) to be removed from the register permanently.
Explanation.—For the purpose of this section a
registered practitioner shall be deemed to be guilty of
misconduct if-
registered practitioner shall be deemed to be guilty of
misconduct if-
(a) he is convicted by a criminal court for an
offence which involves moral turpitude and
which is cognisable within the meaning of the
Code of Criminal Procedure, 1898, or
offence which involves moral turpitude and
which is cognisable within the meaning of the
Code of Criminal Procedure, 1898, or
(b) he being subject to military law is
convicted under the Army Act, 1950 for an
offence which is cognisable within the
meaning of the Code of Criminal Procedure
1898, or
convicted under the Army Act, 1950 for an
offence which is cognisable within the
meaning of the Code of Criminal Procedure
1898, or
(c) in the opinion of the Council his conduct is
infamous in relation to the medical profession
particularly under any Code of Ethics
prescribed by the Council or by the Medical Council of India constituted under the Indian
Medical Council Act, 1956 in this behalf.
infamous in relation to the medical profession
particularly under any Code of Ethics
prescribed by the Council or by the Medical Council of India constituted under the Indian
Medical Council Act, 1956 in this behalf.
(2) If the name of any such practitioner is also entered in—
(a) the register or the list maintained under the Gujarat Medical
Practitioners’ Act, 1963, or
Practitioners’ Act, 1963, or
(b) the register or the list maintained “under the Gujarat
Homoeopathic Act, 1963, it shall be the duty of the Registrar to give
intimation of such removal to the authority entitled to maintain the
said register or the said list.
Homoeopathic Act, 1963, it shall be the duty of the Registrar to give
intimation of such removal to the authority entitled to maintain the
said register or the said list.
(3) If the name of the registered practitioner is also entered in the register or
the list, as the case may be, maintained under any of the laws referred to in
sub- section (2) and it is removed from the said register or the said list, the
Council shall if such removal comes or is brought to its notice, also remove
the name of such registered practitioner from the register under this Act.
the list, as the case may be, maintained under any of the laws referred to in
sub- section (2) and it is removed from the said register or the said list, the
Council shall if such removal comes or is brought to its notice, also remove
the name of such registered practitioner from the register under this Act.
(4) The Council may, on sufficient cause being shown, direct at any
subsequent date that the name of a practitioner removed under sub-section (1)
or (3) shall be re-entered in the register on such conditions, and on payment
of such fee, as may be prescribed.
subsequent date that the name of a practitioner removed under sub-section (1)
or (3) shall be re-entered in the register on such conditions, and on payment
of such fee, as may be prescribed.
(5) The Council may, of its own motion, or on the application of any person,
after due and proper inquiry and after giving an opportunity to the person
concerned of being heard, cancel or alter any entry in the register, if in the
opinion of the Council; such entry was fraudulently or incorrectly made.
after due and proper inquiry and after giving an opportunity to the person
concerned of being heard, cancel or alter any entry in the register, if in the
opinion of the Council; such entry was fraudulently or incorrectly made.
(6) In holding any inquiry under this section, the Council or the Executive
Committee, as the case may be, shall have the same powers as are vested in
Civil Courts under the Code of Civil Procedure, 1908 when trying a suit, in
respect of the following matters, namely : —
Committee, as the case may be, shall have the same powers as are vested in
Civil Courts under the Code of Civil Procedure, 1908 when trying a suit, in
respect of the following matters, namely : —
(a) enforcing the attendance of any person, and examining him on
oath;
oath;
(b) compelling the production of documents;
(c) issuing of commissions for the examination of witnesses.
(7) All inquiries under this section shall be deemed to be judicial proceedings
within the meaning of sections 193, 219 and 228 of the Indian Penal Code.
within the meaning of sections 193, 219 and 228 of the Indian Penal Code.
(8) (a) For the purpose of advising the Council or the Executive
Committee, as the case may be, on any question of law arising in any
inquiry under this section, there may in all such inquiries be an
assessor, who has been for not less than ten years—
Committee, as the case may be, on any question of law arising in any
inquiry under this section, there may in all such inquiries be an
assessor, who has been for not less than ten years—
(i) an advocate enrolled under the Advocates Act, 1961, or
(ii) an attorney of a High Court.
Explanation.—For the purposes of this clause, in computing
the period during which a person has been enrolled as an Advocate,
there shall be included any period during which he was enrolled as an
Advocate under the Indian Bar Councils Act, 1926.
the period during which a person has been enrolled as an Advocate,
there shall be included any period during which he was enrolled as an
Advocate under the Indian Bar Councils Act, 1926.
(b) Where an assessor advises the Council, or the Executive
Committee, on any question of law as to evidence, procedure or any
other matter, he shall do so in the presence of every party or person
representing a party, to the inquiry who appears thereat or if the
advice is tendered after the Council or the Executive Committee has
begun to deliberate as to its findings, every such party or person as
aforesaid shall be informed what advice the assessor has tendered.
Such party or person shall also be informed if in any case the Council or the Executive Committee does not accept the advice of the assessor
on any such question as aforesaid.
Committee, on any question of law as to evidence, procedure or any
other matter, he shall do so in the presence of every party or person
representing a party, to the inquiry who appears thereat or if the
advice is tendered after the Council or the Executive Committee has
begun to deliberate as to its findings, every such party or person as
aforesaid shall be informed what advice the assessor has tendered.
Such party or person shall also be informed if in any case the Council or the Executive Committee does not accept the advice of the assessor
on any such question as aforesaid.
(c) Any assessor under this section may be appointed either generally,
or for any particular inquiries, or class of inquiries, and shall be paid
the prescribed remuneration.
or for any particular inquiries, or class of inquiries, and shall be paid
the prescribed remuneration.
23. Renewal of
registration.
registration.
Notwithstanding anything contained in sections 16 and 21,—
(a) on such date after the date of publication of the notice under sub-section
(6) of section 16, as the Executive Committee may with the previous sanction
of the State Government decide, and every five years thereafter, the Registrar
shall cause two notices in the prescribed form to be published, at an interval
of not less than thirty days, in the Official Gazette calling upon in the manner
provided in clause (b) all registered practitioners to make an application to the
Registrar for the continuance of their names on the register;
(6) of section 16, as the Executive Committee may with the previous sanction
of the State Government decide, and every five years thereafter, the Registrar
shall cause two notices in the prescribed form to be published, at an interval
of not less than thirty days, in the Official Gazette calling upon in the manner
provided in clause (b) all registered practitioners to make an application to the
Registrar for the continuance of their names on the register;
(b) the Registrar shall, after the publication of the first notice under clause (a),
send a notice by registered post enclosing therewith the prescribed form of
application to the registered practitioners at their address as entered in the
register, calling upon them to return the application to the Registrar for the
continuance of their names on the register within forty-five days of the date of
the notice. If any of the registered practitioners fails to return such application
within the time specified, the Registrar shall issue a further notice to such
registered practitioner by registered post after the publication of the second
notice under clause (a) enclosing therewith the prescribed form of application
calling upon him to return the application to the Registrar for the continuance
of his name on the register within thirty days of the date of the further notice,
together with a fee of rupees two;
send a notice by registered post enclosing therewith the prescribed form of
application to the registered practitioners at their address as entered in the
register, calling upon them to return the application to the Registrar for the
continuance of their names on the register within forty-five days of the date of
the notice. If any of the registered practitioners fails to return such application
within the time specified, the Registrar shall issue a further notice to such
registered practitioner by registered post after the publication of the second
notice under clause (a) enclosing therewith the prescribed form of application
calling upon him to return the application to the Registrar for the continuance
of his name on the register within thirty days of the date of the further notice,
together with a fee of rupees two;
(c) if the application is not made on or before the date fixed by the further
notice sent by registered post under clause (b) the Registrar shall remove the
name of the defaulter from the register and shall inform him of such removal
by registered post :]
notice sent by registered post under clause (b) the Registrar shall remove the
name of the defaulter from the register and shall inform him of such removal
by registered post :]
Provided that, if an application for continuance of the name so
removed is made within a period of six months from the date fixed by the said
notice sent by registered post under clause (b), the name so removed may be
re-entered in the register on payment of a fee of rupees five.
removed is made within a period of six months from the date fixed by the said
notice sent by registered post under clause (b), the name so removed may be
re-entered in the register on payment of a fee of rupees five.
24. Appeals
(1) Any person aggrieved by any decision of the Registrar under this Act
may, within a period of one month from the date on which the decision is
communicated to him, appeal to the Council which shall hear and determine
the appeal in the prescribed manner.
may, within a period of one month from the date on which the decision is
communicated to him, appeal to the Council which shall hear and determine
the appeal in the prescribed manner.
(2) Save as otherwise provided in the Indian Medical Council Act, 1956,
every decision of the Council under this Act shall be final.
every decision of the Council under this Act shall be final.
25. Rights of registered
practitioners.
practitioners.
Notwithstanding anything contained in any law for the time being in force—
(i) the expression ‘legally qualified medical practitioner’ or “duly qualified
medical practitioner” or any word importing a person recognised by law as a
medical practitioner or member of the medical profession shall in all Acts of
the State Legislature and in ail Central Acts (in their application to the State)
in so far as such Acts relate to any matters specified in List II or List III in the
Seventh Schedule to the Constitution of India, include a practitioner whose
name is entered in the register under this Act;
medical practitioner” or any word importing a person recognised by law as a
medical practitioner or member of the medical profession shall in all Acts of
the State Legislature and in ail Central Acts (in their application to the State)
in so far as such Acts relate to any matters specified in List II or List III in the
Seventh Schedule to the Constitution of India, include a practitioner whose
name is entered in the register under this Act;
(ii) every registered practitioner shall be exempt, if he so desires, from
serving on an inquest.
serving on an inquest.
26. General provisions
applicable to
medical
practitioners.
applicable to
medical
practitioners.
The provisions of this Act are in addition to, and not in derogation of, the
provisions of the Indian Medical Council Act, 1956, and of Chapter V of the Gujarat
Medical Practitioners Act, 1963, containing general provisions applicable to all
medical practitioners.
provisions of the Indian Medical Council Act, 1956, and of Chapter V of the Gujarat
Medical Practitioners Act, 1963, containing general provisions applicable to all
medical practitioners.
CHAPTER IV
MISCELLANEOUS
27. Council authorised
to call for
information and
attend
examinations.
to call for
information and
attend
examinations.
The Council shall have authority to call on the governing body or authorities of
any Medical College or School and on any examining body included in or desirous of
being included in the Schedule,
any Medical College or School and on any examining body included in or desirous of
being included in the Schedule,
(a) to furnish such particulars as the Council shall require of any course of
study prescribed or examination held by such body or authority or in such
school or college with reference to the grant of any medical or surgical
qualification, and
study prescribed or examination held by such body or authority or in such
school or college with reference to the grant of any medical or surgical
qualification, and
(b) to permit such person or persons as is or are, in the opinion of the Council,
specially qualified for the purpose, to attend and be present at any such
examination.
specially qualified for the purpose, to attend and be present at any such
examination.
28.Amendment of
Schedule.
Schedule.
(1) If it shall appear to the State Government, on the report of the Council or
otherwise, that the course of study and examinations prescribed by any
University, college, body or institution, conferring a degree, diploma, licence
or certificate or any other like award, not entered in the Schedule to this Act
or in any of the Schedules to the Indian Medical Council Act, 1956, is such as
to secure the possession by persons obtaining such degree, diploma, licence,
certificate or award of the requisite knowledge and skill for the efficient
practice of their profession as medical practitioners, it shall be lawful for the
State Government from time to time by notification’in the Official Gazette, to
amend the Schedule and to direct the inclusion therein of any such
qualification, subject to such conditions (if any), as may be specified in
respect of that qualification.
otherwise, that the course of study and examinations prescribed by any
University, college, body or institution, conferring a degree, diploma, licence
or certificate or any other like award, not entered in the Schedule to this Act
or in any of the Schedules to the Indian Medical Council Act, 1956, is such as
to secure the possession by persons obtaining such degree, diploma, licence,
certificate or award of the requisite knowledge and skill for the efficient
practice of their profession as medical practitioners, it shall be lawful for the
State Government from time to time by notification’in the Official Gazette, to
amend the Schedule and to direct the inclusion therein of any such
qualification, subject to such conditions (if any), as may be specified in
respect of that qualification.
(2) If at any time it appears to the State Government, on the report of the
Council or otherwise, that the course of study or the examinations prescribed
by any University, college, body or institution, for any degree, diploma,
licence, certificate or award, which is included in the Schedule to this Act are
not such as to secure the possession by persons obtaining such qualification
of the requisite knowledge and skill for the efficient practice of their
profession, as medical practitioners or to secure the maintenance of an
adequate standard of proficiency for such practice, it shall be lawful for the
State Government from time to time to direct the removal of any such
qualification from the said Schedule or to impose such further conditions
therefor as it deems fit:
Provided that, no notification for amendment of the Schedule under
sub-section (1) or sub-section (2) shall be issued by the State Government,
without consulting the Council:
Council or otherwise, that the course of study or the examinations prescribed
by any University, college, body or institution, for any degree, diploma,
licence, certificate or award, which is included in the Schedule to this Act are
not such as to secure the possession by persons obtaining such qualification
of the requisite knowledge and skill for the efficient practice of their
profession, as medical practitioners or to secure the maintenance of an
adequate standard of proficiency for such practice, it shall be lawful for the
State Government from time to time to direct the removal of any such
qualification from the said Schedule or to impose such further conditions
therefor as it deems fit:
Provided that, no notification for amendment of the Schedule under
sub-section (1) or sub-section (2) shall be issued by the State Government,
without consulting the Council:
Provided further that, before making any recommendation to the State
Government under this section to remove any degree, diploma, licence,
certificate or award, from the Schedule, “the Council shall require the
University, college, body or institution to take steps as may be directed by the
Council, and within such reasonable time as the Council may prescribe, to
bring the course of study or examination for such degree, diploma, licence,
certificate or award, to the required standard.
Government under this section to remove any degree, diploma, licence,
certificate or award, from the Schedule, “the Council shall require the
University, college, body or institution to take steps as may be directed by the
Council, and within such reasonable time as the Council may prescribe, to
bring the course of study or examination for such degree, diploma, licence,
certificate or award, to the required standard.
29.Penalty for falsely
claiming to be
registered.
claiming to be
registered.
If any person whose name is not for the time being entered in the register falsely
represents that it is so entered, or uses in connection with his name or title any words
or letters reasonably calculated to suggest that his name is so entered, he shall, on
conviction, be punished with fine which may extend to five hundred rupees.
represents that it is so entered, or uses in connection with his name or title any words
or letters reasonably calculated to suggest that his name is so entered, he shall, on
conviction, be punished with fine which may extend to five hundred rupees.
30.Control of State
Government.
Government.
(1) If at any time it appears to the State Government that the Council or its
President or Vice-President has failed to exercise or has exceeded or abused
any of the powers conferred upon it or him by or under this Act, or has ceased
to function, or has become incapable of functioning, the State Government
may, if it considers such failure, excess, abuse or incapacity to be of a serious
character, notify the particulars thereof to the Council or the President or the
Vice-President, as the case may be. If the Council or the President or the
Vice-President, as the case may be fails to remedy such failure, excess, abuse or incapacity within such reasonable time as the State Government may fix in
this behalf, the State Government may remove the President or VicePresident or dissolve the Council, as the case may be, and in case of
dissolution of the Council cause all or any of the powers, duties and functions
of the Council to be exercised, performed and discharged by such person or
persons and for such period not exceeding two years, as it may think fit, and
shall take steps to constitute a new Council.
President or Vice-President has failed to exercise or has exceeded or abused
any of the powers conferred upon it or him by or under this Act, or has ceased
to function, or has become incapable of functioning, the State Government
may, if it considers such failure, excess, abuse or incapacity to be of a serious
character, notify the particulars thereof to the Council or the President or the
Vice-President, as the case may be. If the Council or the President or the
Vice-President, as the case may be fails to remedy such failure, excess, abuse or incapacity within such reasonable time as the State Government may fix in
this behalf, the State Government may remove the President or VicePresident or dissolve the Council, as the case may be, and in case of
dissolution of the Council cause all or any of the powers, duties and functions
of the Council to be exercised, performed and discharged by such person or
persons and for such period not exceeding two years, as it may think fit, and
shall take steps to constitute a new Council.
(2) Notwithstanding anything contained in this Act, or in the rules made
thereunder, if at any time it appears to the State Government that the Council
or any other authority empowered to exercise any of the powers or to perform
any of the duties or functions under this Act, has not been validly constituted
or appointed, the State Government may cause any of such powers, duties or
functions to be exercised or performed by such person or persons, in such
manner and for such period not exceeding six months and subject to such
conditions, as it thinks fit.
thereunder, if at any time it appears to the State Government that the Council
or any other authority empowered to exercise any of the powers or to perform
any of the duties or functions under this Act, has not been validly constituted
or appointed, the State Government may cause any of such powers, duties or
functions to be exercised or performed by such person or persons, in such
manner and for such period not exceeding six months and subject to such
conditions, as it thinks fit.
31. Rules.
(1) The State Government may, by notification in the Official Gazette, and
subject to the condition of previous publication, make rules to carry out the
purposes of this Act
(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may be made—
subject to the condition of previous publication, make rules to carry out the
purposes of this Act
(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may be made—
(a) for the whole or any part of the State, and
(b) to provide for all or any matters expressly required or allowed by
this Act to be prescribed by rules.
this Act to be prescribed by rules.
(3) All rules made under this section shall be laid for not less than thirty days
before the State Legislature as soon as possible after they are made and shall
be subject to rescission by the Legislature or to such modifications as the
Legislature may make during the session in which they are so laid or the
session immediately following.
before the State Legislature as soon as possible after they are made and shall
be subject to rescission by the Legislature or to such modifications as the
Legislature may make during the session in which they are so laid or the
session immediately following.
(4) Any rescission or modifications so made by the Legislature shall be
published in the Official Gazette and shall thereupon take effect.
published in the Official Gazette and shall thereupon take effect.
CHAPTER V
REPEAL AND TRANSITIONAL PROVISIONS
32. Repeal and saving
(1) Subject to the provisions of this Chapter, with effect on and from the date
on which the Council is constituted under this Act under sub-section (8) of
section 3 (hereinafter in this Chapter referred to as “the specified date”)-
on which the Council is constituted under this Act under sub-section (8) of
section 3 (hereinafter in this Chapter referred to as “the specified date”)-
(a) the Bombay Medical Act, 1912, as in force in the Bombay area of
the State,
the State,
(b) the Bombay Medical Act, 1912, as adapted and applied to the
Saurashtra area of the State, and
Saurashtra area of the State, and
(c) the Bombay Medical Act, 1912 as applied to the Kutch area of the
State, shall stand repealed.
State, shall stand repealed.
(2) With effect on and from the specified date,—
(a) the Gujarat (Bombay Area) Medical Council constituted under
section 2 read with section 2B of the Bombay Medical Act, 1912, as
in force in the Bombay area of the State, and
section 2 read with section 2B of the Bombay Medical Act, 1912, as
in force in the Bombay area of the State, and
(b) the Saurashtra Medical Council constituted under section 2 of the
Bombay Medical Act, 1912, as adapted and applied to the Saurashtra
area of the State, shall stand dissolved and all the members thereof
shall vacate office.
Bombay Medical Act, 1912, as adapted and applied to the Saurashtra
area of the State, shall stand dissolved and all the members thereof
shall vacate office.
(3) The registers kept or maintained or deemed to be kept or maintained under
the Acts so repealed which are in force immediately before the specified date,shall be deemed to be the registers prepared under this Act, until the register
prepared under section 16 comes into force under sub-section (6) thereof.
the Acts so repealed which are in force immediately before the specified date,shall be deemed to be the registers prepared under this Act, until the register
prepared under section 16 comes into force under sub-section (6) thereof.
(4) Anything done or any action taken (including any appointment or
application made, rule, notification, order or direction issued or fee levied or
certificate or notice given) under any of the Acts so repealed and subsisting
immediately before the specified date shall, in so far as it is not inconsistent
with the provisions of this Act, and unless the State Government otherwise
directs, be deemed to have been made, issued, levied or given under the
relevant provisions of this Act, and be in force accordingly, unless and until
superseded by anything done or any action taken under this Act:
application made, rule, notification, order or direction issued or fee levied or
certificate or notice given) under any of the Acts so repealed and subsisting
immediately before the specified date shall, in so far as it is not inconsistent
with the provisions of this Act, and unless the State Government otherwise
directs, be deemed to have been made, issued, levied or given under the
relevant provisions of this Act, and be in force accordingly, unless and until
superseded by anything done or any action taken under this Act:
Provided that the rules made under the Bombay Medical Act, 1912, as
in force in the Bombay Area of the State and in force immediately before the
specified date shall, in so far as they are not inconsistent with the provisions
of this Act, be deemed to be rules made in relation to the whole of the State of
Gujarat and continue in force accordingly until they are superseded by
anything done or any action taken under this Act.
in force in the Bombay Area of the State and in force immediately before the
specified date shall, in so far as they are not inconsistent with the provisions
of this Act, be deemed to be rules made in relation to the whole of the State of
Gujarat and continue in force accordingly until they are superseded by
anything done or any action taken under this Act.
33. Provision regarding
Registrar.
Registrar.
The Registrar appointed under section 5 of the Bombay Medical Act, 1912, by the
Gujarat (Bombay Area) Medical Council constituted under section 2B of the said
Act, and holding office immediately before the specified date shall as from the said
date be deemed to be appointed as the Registrar of the Council constituted under this
Act, on the same terms and conditions as were applicable to him immediately before
that date and until they are duly, varied by a competent authority under this Act. The
service rendered by such Registrar before the specified date shall be deemed to be
service rendered under the Council.
Gujarat (Bombay Area) Medical Council constituted under section 2B of the said
Act, and holding office immediately before the specified date shall as from the said
date be deemed to be appointed as the Registrar of the Council constituted under this
Act, on the same terms and conditions as were applicable to him immediately before
that date and until they are duly, varied by a competent authority under this Act. The
service rendered by such Registrar before the specified date shall be deemed to be
service rendered under the Council.
34. Vesting of lights,
duties, etc.
duties, etc.
Save as otherwise provided by or under this Act and unless there is anything
repugnant in the subject or the context—
repugnant in the subject or the context—
(1) all rights of the Medical Councils dissolved under section 32 (hereinafter
in this section referred to as “the dissolved Councils”) shall on the specified
date vest in the Council constituted under section 3 (hereinafter in this section
referred to as “the Council”),
in this section referred to as “the dissolved Councils”) shall on the specified
date vest in the Council constituted under section 3 (hereinafter in this section
referred to as “the Council”),
(2) all the property moveable or immoveable which on the day immediately
preceding the specified date vested in the dissolved Councils shall, subject to
all limitations and conditions as were in force on the day immediately
preceding the specified date vest in the Council,
preceding the specified date vested in the dissolved Councils shall, subject to
all limitations and conditions as were in force on the day immediately
preceding the specified date vest in the Council,
(3) all sums due to a dissolved Council on any account, shall be recoverable
by the Council which shall be competent to take any measure or institute any
proceedings which it would have been open to the dissolved Council to take
or institute if this Act had not come into operation.
by the Council which shall be competent to take any measure or institute any
proceedings which it would have been open to the dissolved Council to take
or institute if this Act had not come into operation.
(4) all debts, liabilities and obligations incurred by or on behalf of a dissolved
Council immediately before the specified date and subsisting on the said date
shall be deemed to have been incurred by the Council in exercise of the
powers conferred on it by this Act and shall continue in operation
accordingly.
Council immediately before the specified date and subsisting on the said date
shall be deemed to have been incurred by the Council in exercise of the
powers conferred on it by this Act and shall continue in operation
accordingly.
(5) all proceedings and matters pending before any authority or officer
immediately before the specified date under any of the Acts repealed under
section 32 shall be deemed to be transferred to and continued before the
corresponding authority under this Act, competent to entertain such
proceedings and matters,
immediately before the specified date under any of the Acts repealed under
section 32 shall be deemed to be transferred to and continued before the
corresponding authority under this Act, competent to entertain such
proceedings and matters,
(6) all prosecutions instituted by or on behalf of or against a dissolved
Council and all suits and other legal proceedings instituted by or on behalf of
or against any dissolved Council or any officer of such Council on behalf of
the dissolved Council, pending on the specified date, shall be continued by or
against the, Council,
Council and all suits and other legal proceedings instituted by or on behalf of
or against any dissolved Council or any officer of such Council on behalf of
the dissolved Council, pending on the specified date, shall be continued by or
against the, Council,
(7) all officers and servants (except the Registrar for whom provision has
been made in section 33) in the employ of the dissolved Councils and holding office immediately before the specified date shall be deemed to be the
officers and servants appointed to serve the Council and shall, until provision
is otherwise made in accordance with the provisions of this Act, receive
salaries and allowances and be subject to the conditions of service or
retirement benefits to which they were entitled to or subject to on the day
immediately preceding the specified date :
been made in section 33) in the employ of the dissolved Councils and holding office immediately before the specified date shall be deemed to be the
officers and servants appointed to serve the Council and shall, until provision
is otherwise made in accordance with the provisions of this Act, receive
salaries and allowances and be subject to the conditions of service or
retirement benefits to which they were entitled to or subject to on the day
immediately preceding the specified date :
Provided that, the service rendered by such officers and servants
before the specified date shall be deemed to be service rendered under the
Council:
before the specified date shall be deemed to be service rendered under the
Council:
Provided further that if in the opinion of the Council the services of
any such officer or servant are not necessary or such officer or servant is not
suitable to the requirement of service, the Council may, with the previous
approval of the State Government, terminate the services of such officer or
servant and any officer or servant whose services are so terminated shall be
entitled to receive from the Council such leave, pension, gratuity or other
benefits as he would have, had this Act not been passed, been entitled to
receive on being invalided out of service of the respective dissolved Councils,
and shall be entitled to receive such additional amount by way of
compensation as the Council may, with the sanction of the State Government,
determine.
any such officer or servant are not necessary or such officer or servant is not
suitable to the requirement of service, the Council may, with the previous
approval of the State Government, terminate the services of such officer or
servant and any officer or servant whose services are so terminated shall be
entitled to receive from the Council such leave, pension, gratuity or other
benefits as he would have, had this Act not been passed, been entitled to
receive on being invalided out of service of the respective dissolved Councils,
and shall be entitled to receive such additional amount by way of
compensation as the Council may, with the sanction of the State Government,
determine.
THE SCHEDULE
[Sections 16(3), 27 and 28.]
The qualifications in addition to those specified in the Schedules to the Indian Medical Council Act, 1956, the possession of which entitles a person for registration under this Act.
1. Fellowship of the College of Physicians and Surgeons, Bombay, in Medicine,
Pathology, Surgery or Dermatology granted before the 1st April, 1954.
Pathology, Surgery or Dermatology granted before the 1st April, 1954.
2. Fellowship of the College of Physicians and Surgeons, Bombay, in any subject
other than Medicine, Pathology, Surgery or Dermatology.
other than Medicine, Pathology, Surgery or Dermatology.
3. Member of the College of Physicians and Surgeons, Bombay (admitted before the
30th April, 1944).
30th April, 1944).
4. Diploma of Ayurvidya Visharad in Allopathy of the Tilak Maharashtra Vidyapeeth
of Poona, conferred during the years 1921 to 1936 (both inclusive).
of Poona, conferred during the years 1921 to 1936 (both inclusive).
5. Fellow and Member of the State Medical Faculty of Bengal prior to the 15th
August, 1947.
August, 1947.
6. Fellow of the State Medical Faculty of West Bengal on or after 15th August, 1947.
7. Fellow and Member of the State Medical Faculty, Punjab.
8. Diploma in Allopathy (1) of the National Medical College or the National College
of Physicians and Surgeons of India, Calcutta, (2) of the College of Physicians and
Surgeons of Calcutta and (3) of the International College of Physicians and Surgeons
of India, Calcutta, during the years 1912 to 1916 (both inclusive).
of Physicians and Surgeons of India, Calcutta, (2) of the College of Physicians and
Surgeons of Calcutta and (3) of the International College of Physicians and Surgeons
of India, Calcutta, during the years 1912 to 1916 (both inclusive).
9. Licenced Medical Practitioner of the University of Mysore.
10. Diploma of Licenced Medical Practitioner of the State Medical Faculty of Gujarat
(L.M.P. Gujarat.)
(L.M.P. Gujarat.)
11. Any person trained in a Government Medical College or School in India who
holds a diploma or certificate granted by any Government in India directing him to be
qualified to practise Medicine, Surgery and Midwifery or to be qualified for the
duties of a Military Assistant Surgeon, Hospital Assistant or Sub-Assistant Surgeon.
holds a diploma or certificate granted by any Government in India directing him to be
qualified to practise Medicine, Surgery and Midwifery or to be qualified for the
duties of a Military Assistant Surgeon, Hospital Assistant or Sub-Assistant Surgeon.
To read the full bareact notification, click on the following link.
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