(Received the assent of the Governor on the 20th August, 2003 and
was published both in Hindi and English in the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated the 21st August, 2003, pp. 1461-1495).
was published both in Hindi and English in the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated the 21st August, 2003, pp. 1461-1495).
An Act to provide for the constitution of Himachal Pradesh Medical
Council and the maintenance of a register of medical
practitioners who are engaged in the practice of modern scientific
system of medicine and all its branches in the State of Himachal
Pradesh and for matters connected therewith.
Council and the maintenance of a register of medical
practitioners who are engaged in the practice of modern scientific
system of medicine and all its branches in the State of Himachal
Pradesh and for matters connected therewith.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Fifty-fourth Year of the Republic of India, as follows:-
Fifty-fourth Year of the Republic of India, as follows:-
CHAPTER-I
PRELIMINARY
1. Short title.-
This Act may be called the Himachal Pradesh Medical
Council Act, 2003.
Council Act, 2003.
2. Definitions.-
In this Act, unless the context otherwise requires,-
(a) “casual vacancy” means a vacancy occurring otherwise than
by efflux of time in any office filled by election or
nomination;
by efflux of time in any office filled by election or
nomination;
(b) “Council” means the Himachal Pradesh Medical Council
constituted under section 3 of this Act;
constituted under section 3 of this Act;
(c) “Executive Committee” means the Executive Committee of
the Council constituted under section 11 of this Act;
the Council constituted under section 11 of this Act;
(d) “Government” means the Government of Himachal Pradesh;
(e) “medical practitioner” or “practitioner” means a person who is
engaged in the practice of modern scientific system of
medicine and all its branches and has qualification as
prescribed in the First, Second or Third Schedule to the
Indian Medical Council Act, 1956 (102 of 1956);
engaged in the practice of modern scientific system of
medicine and all its branches and has qualification as
prescribed in the First, Second or Third Schedule to the
Indian Medical Council Act, 1956 (102 of 1956);
(f) “medicine” means the modern scientific system of medicine
and includes surgery and obstetrics but does not include
veterinary medicine or veterinary surgery or the
Homoeopathic or the Ayurveda or the Siddha or the Unani
system of medicine and the expression “medical” shall be
construed accordingly;
and includes surgery and obstetrics but does not include
veterinary medicine or veterinary surgery or the
Homoeopathic or the Ayurveda or the Siddha or the Unani
system of medicine and the expression “medical” shall be
construed accordingly;
(g) “member” means a member of the Council;
(h) “Official Gazette” means the Rajpatra of Himachal Pradesh;
(i) “prescribed” means prescribed by rules made under this Act;
(j) “President” means the President of the Council;
(k) “Vice-President” means the Vice-President of the Council;
(l) “register” means the register of medical practitioners prepared
or deemed to be prepared and maintained under this Act;
or deemed to be prepared and maintained under this Act;
(m) “registered practitioner” means a medical practitioner having
requisite qualification as prescribed in the Indian Medical
Council Act, 1956 (102 of 1956) and whose name is, for the
time being entered in the register, but does not include a
person whose name is provisionally entered in the register;
and
requisite qualification as prescribed in the Indian Medical
Council Act, 1956 (102 of 1956) and whose name is, for the
time being entered in the register, but does not include a
person whose name is provisionally entered in the register;
and
(n) “Registrar” or “Deputy Registrar” means the Registrar or the
Deputy Registrar, as the case may be, appointed under section
14 of this Act.
Deputy Registrar, as the case may be, appointed under section
14 of this Act.
CHAPTER-II
ESTABLISHMENT OF COUNCIL
3. Constitution and composition of the Council.-
(1) With effect
from such date as the 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 Himachal Pradesh Medical Council”.
from such date as the 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 Himachal Pradesh 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 movable or immovable, and to contract and to do all things
necessary for the purposes of this Act, and may by the name aforesaid sue and
be sued.
succession and a common seal, with power to acquire, hold and dispose of property, whether movable or immovable, and to contract and to do all things
necessary for the purposes of this Act, and may by the name aforesaid sue and
be sued.
(3) The Council shall consist of the following members, namely:-
(a) four members having requisite qualification as prescribed
in the Indian Medical Council Act, 1956 (102 of 1956), to
be nominated by the Government;
in the Indian Medical Council Act, 1956 (102 of 1956), to
be nominated by the Government;
(b) one member from each Government Medical College
established by law in Himachal Pradesh having a medical
faculty, elected by members of the medical faculty of that
college from amongst its permanent members of teaching
faculty;
established by law in Himachal Pradesh having a medical
faculty, elected by members of the medical faculty of that
college from amongst its permanent members of teaching
faculty;
(c) nine members to be elected by registered practitioners
from amongst themselves including one member elected
by the Himachal Pradesh Medical Officers Association:
from amongst themselves including one member elected
by the Himachal Pradesh Medical Officers Association:
Provided that no registered practitioner shall be entitled
to vote or stand as a candidate for election unless,-
to vote or stand as a candidate for election unless,-
(i) he is a citizen of India;
(ii) he either resides or carries on his profession or is
employed in Himachal Pradesh ;
employed in Himachal Pradesh ;
(d) Director of Medical Education, Himachal Pradesh as exofficio member;
(e) Principals of the Government Medical Colleges in
Himachal Pradesh as ex-officio members; and
Himachal Pradesh as ex-officio members; and
(f) Director of Health Services, Himachal Pradesh as exofficio member.
(4) The President and the Vice-President shall be elected by the
members from amongst themselves.
members from amongst themselves.
(5) The election of the members, and of the President and the VicePresident shall be held at such time, and at such place, and in such manner, as
may be prescribed.
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 Government shall
nominate members from amongst persons qualified to be elected as members
of the respective category, as it deems fit, to fill in the vacancy or vacancies;
and the persons so nominated shall be deemed to have been elected for the
period till such time the vacancies are filled in on regular basis under this
section.
members, or the President or the Vice-President, the Government shall
nominate members from amongst persons qualified to be elected as members
of the respective category, as it deems fit, to fill in the vacancy or vacancies;
and the persons so nominated shall be deemed to have been elected for the
period till such time the vacancies are filled in on regular basis under this
section.
(7) Where any dispute arises regarding any election of a member or of
the President or the Vice-President, it shall be referred to the Government, and
the decision of the Government shall be final.
the President or the Vice-President, it shall be referred to the Government, and
the decision of the Government shall be final.
(8) Notwithstanding anything contained in sub-section (3),-
(a) in respect of the constitution of the Council for the first time
under this Act, the members thereof shall be nominated by
the Government from amongst persons qualified to be
elected or nominated as member of the respective category;
and
under this Act, the members thereof shall be nominated by
the Government from amongst persons qualified to be
elected or nominated as member of the respective category;
and
(b) the members so nominated shall hold office for such period
not exceeding three years in the aggregate as the
Government may, by notification in the Official Gazette,
specify.
not exceeding three years in the aggregate as the
Government may, by notification in the Official Gazette,
specify.
(9) The Government shall, by notification in the Official Gazette,
publish the names of the members.
publish the names of the members.
4. Term of office of the President, the Vice-President and the
members.-
members.-
(1) Save as otherwise provided in this Act, a member shall hold
office for a term of five years from the date of publication of the notification
under sub-section (9) of section 3 of this Act:
office for a term of five years from the date of publication of the notification
under sub-section (9) of section 3 of this Act:
Provided that where a person is elected by the members of medical
faculty of a Government Medical College, or is an ex-officio member, he shall
cease to hold office as a member if he ceases to belong to that faculty, or as
the case may be, ceases to hold such office, before the expiry of his term.
faculty of a Government Medical College, or is an ex-officio member, he shall
cease to hold office as a member if he ceases to belong to that faculty, or as
the case may be, ceases to hold such office, before the expiry of his term.
(2) Save as otherwise provided in this Act, the President or the VicePresident shall hold office from the date of his election up to the day on which
his term of office as member expires.
his term of office as member expires.
(3) The term of office of an outgoing member shall, notwithstanding
anything contained in sub-section (1) be deemed to extend and to expire on
the day immediately preceding the day on which the names of the successor
members are published under sub-section (9) of section 3 of this Act.
anything contained in sub-section (1) be deemed to extend and to expire on
the day immediately preceding the day on which the names of the successor
members are published under sub-section (9) of section 3 of this Act.
(4) The term of office of an outgoing President or Vice-President
shall, notwithstanding anything contained in sub-section (2), be deemed to
extend and to expire on the day immediately preceding the day on which the
successor President or Vice-President, as the case may be, is elected.
shall, notwithstanding anything contained in sub-section (2), be deemed to
extend and to expire on the day immediately preceding the day on which the
successor President or Vice-President, as the case may be, is elected.
(5) An outgoing member, President or Vice-President, shall be
eligible for re-election or re-nomination for one more consecutive term only.
eligible for re-election or re-nomination for one more consecutive term only.
(6) Leave of absence may be granted by the Council to any member
for a period not exceeding six months.
for a period not exceeding six months.
5. Casual vacancy.-
(1) A casual vacancy in the office of the
President or Vice-President or a member elected under clause (b) or clause (c)
sub-section (3) of section 3, shall be filled by election:
President or Vice-President or a member elected under clause (b) or clause (c)
sub-section (3) of section 3, 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) A casual vacancy in the office of a member nominated under
clause (a) of sub-section (3) or under sub-section (8) of section 3 shall be
reported forthwith by the Registrar to the Government, and shall, as soon as
possible thereafter, be filled by the Government, by nomination.
clause (a) of sub-section (3) or under sub-section (8) of section 3 shall be
reported forthwith by the Registrar to the Government, and shall, as soon as
possible thereafter, be filled by the Government, by nomination.
(3) Any person elected under sub-section (1) or nominated under subsection (2) to fill a casual vacancy shall, notwithstanding anything contained
in sub-section (8) of section 3 or section 4 of this Act, hold office only so long
as the person in whose place he may be elected or nominated, as the case may
be, would have held office, if the vacancy had not occurred.
in sub-section (8) of section 3 or section 4 of this Act, hold office only so long
as the person in whose place he may be elected or nominated, as the case may
be, would have held office, if the vacancy had not occurred.
6. Resignation.-
(1) The President or Vice-President may at any time
resign his office by a notice in writing addressed to the Council and delivered
to the Registrar and 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.
resign his office by a notice in writing addressed to the Council and delivered
to the Registrar and 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 and a nominated member may at any
time resign his office by a notice in writing addressed to the Government and
delivered to the Registrar. Every such resignation shall take effect from the
date on which it is accepted by the President or, as the case may be, by the
Government or on the expiry of sixty days from the date of the receipt of the
notice, whichever event occurs earlier.
in writing addressed to the President and a nominated member may at any
time resign his office by a notice in writing addressed to the Government and
delivered to the Registrar. Every such resignation shall take effect from the
date on which it is accepted by the President or, as the case may be, by the
Government or on the expiry of sixty days from the date of the receipt of the
notice, whichever event occurs earlier.
7. Disqualifications.-
(1) A person shall be disqualified for being
elected or nominated as, and for continuing as, a member,-
elected or nominated as, and for continuing as, a member,-
(a) if he is an undischarged insolvent; or
(b) if he is of unsound mind and stands so declared by a
competent court; or
(c) if his name has been removed from the register and has not
been re-entered therein; or
competent court; or
(c) if his name has been removed from the register and has not
been re-entered therein; or
(d) if he is a whole time officer or servant of the Council; or
(e) if he has been convicted for an offence involving moral
turpitude.
turpitude.
(2) If any member absents himself from three consecutive meetings of
the Council, without leave of the Council granted under sub-section (6) of
section 4 or without such reasons as may, in the opinion of the Council, be
sufficient, the Council may declare his seat vacant and take steps to fill the
vacancy.
the Council, without leave of the Council granted under sub-section (6) of
section 4 or without such reasons as may, in the opinion of the Council, be
sufficient, the Council may declare his seat 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 Government, and the 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 Government, and the Government, if satisfied about the
disqualification, shall declare his seat vacant.
8. Meetings of the Council.-
(1) The meetings of the Council shall be
convened, held and conducted in such manner, as may be prescribed.
convened, held and conducted in such manner, as may be prescribed.
(2) The President, when present, shall preside at every meeting of the
Council and if at any meeting the President is absent, the Vice-President, and
in the absence of both, any other member elected by the members present
from amongst themselves, shall preside at such meeting.
Council and if at any meeting the President is absent, the Vice-President, and
in the absence of both, any other member elected by the members present
from amongst themselves, shall preside at such meeting.
(3) All issues at a meeting of the Council shall be decided by a
majority of members present and voting.
majority of members present and voting.
(4) The presiding authority at a meeting shall have and exercise a
second or casting vote, in case of an equality of votes.
second or casting vote, in case of an equality of votes.
(5) Eight members including the President and the Vice-President
shall form quorum. When a quorum is required but not present, the presiding
authority shall, after waiting for not less than thirty minutes for such quorum,
adjourn the meeting to such hour or 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 there at,
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.
shall form quorum. When a quorum is required but not present, the presiding
authority shall, after waiting for not less than thirty minutes for such quorum,
adjourn the meeting to such hour or 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 there at,
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 meeting and validity of acts.-
(1) The proceedings
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:
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 direct such resolution also to be treated as
confidential.
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:
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 direct such resolution also to be treated as
confidential.
(2) No disqualification or defect in the election or nomination of any
person as a member, or as the President, or as the Vice-President, or as the
Presiding authority of a meeting shall by itself be deemed to vitiate any act or
proceedings of the Council in which such person has taken part, if 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.
person as a member, or as the President, or as the Vice-President, or as the
Presiding authority of a meeting shall by itself be deemed to vitiate any act or
proceedings of the Council in which such person has taken part, if 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.
(4) Any act done by the Council shall not be questioned on the ground
merely of the existence of any vacancy in, or any defect in the constitution of
the Council.
merely of the existence of any vacancy in, or any defect in the constitution of
the Council.
10. Powers, duties and 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,-
conditions as may be prescribed by or under the provisions of this Act, the
powers, duties and functions of the Council shall be,-
(a) to maintain the live register and to provide for the
registration of medical practitioners;
registration of medical practitioners;
(b) to hear and decide appeals against any decision of the
Registrar;
Registrar;
(c) to prescribe a code of ethics for regulating the professional
conduct of practitioners;
conduct of practitioners;
(d) to reprimand a practitioner, or to suspend or remove his
name from the register, or to take such other disciplinary
action against him as may, in the opinion of the Council be
necessary or expedient;
name from the register, or to take such other disciplinary
action against him as may, in the opinion of the Council be
necessary or expedient;
(e) to receive complaints from public (including patients or their
relatives) against misconduct or negligence by a medical
practitioner, to proceed for inquest, take a decision on merits
of the case and to initiate disciplinary action or award
compensation and similarly to take action against frivolous
complaints;
relatives) against misconduct or negligence by a medical
practitioner, to proceed for inquest, take a decision on merits
of the case and to initiate disciplinary action or award
compensation and similarly to take action against frivolous
complaints;
(f) to ensure that no unqualified person practices modern
scientific system of medicine;
scientific system of medicine;
(g) to exercise such other powers, perform such other duties and
discharge such other functions, as may be prescribed; and
discharge such other functions, as may be prescribed; and
(h) to provide protection to its members in discharging
professional duties.
professional duties.
11. Executive Committee.-
(1) The Council shall, as soon as may be,
constitute an Executive Committee consisting of the President as ex-offico
member and such other members, elected by the Council from amongst its
members, as may be prescribed.
constitute an Executive Committee consisting of the President as ex-offico
member and such other members, elected by the Council from amongst its
members, as may be prescribed.
(2) The term of office and the manner of filling casual vacancies and
the procedure to be followed by the members of the Executive Committee
shall be such, as may be prescribed.
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 entrusted to it from time to time, by the Council.
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 entrusted to it from time to time, by the Council.
(4) The President shall be the ex-offico Chairman of the Executive
Committee.
Committee.
12. Allowances payable to members of the Council and Executive
Committee.-
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 travelling and other allowances, as may be prescribed.
other members of the Council and to the members of its Executive
Committee, such travelling and other allowances, as may be prescribed.
13. Income and expenditure of the Council.-
(1) The income of the
Council shall consist of,-
Council shall consist of,-
(a) registration fees received from the practitioners;
(b) grants received from the Government, if any; and
(c) any other sums raised 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
appointed by the Council;
appointed by the Council;
(b) travelling and other allowances paid to the members of the
Council and the Executive Committee;
Council and the 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.
duties and discharging the functions under this Act.
14. Appointment of Registrar and Deputy Registrar, their duties
and functions.-
and functions.-
(1) the Council shall, with the previous sanction of the
Government, appoint a Registrar or Deputy Registrar who shall be a qualified
medical graduate as prescribed in Schedule I, II or III of the Indian Medical
Council Act, 1956 (102 of 1956).
Government, appoint a Registrar or Deputy Registrar who shall be a qualified
medical graduate as prescribed in Schedule I, II or III of the Indian Medical
Council Act, 1956 (102 of 1956).
(2) The Executive Committee may grant leave to the Registrar:
Provided that if the period of leave does not exceed one month, the
leave may be granted by the President.
Provided that if the period of leave does not exceed one month, the
leave may be granted by the President.
(3) During the temporary vacancy in the office of the Registrar due to
leave or any other reasons, the Deputy Registrar shall act as Registrar and in
the absence of Registrar and Deputy Registrar, the Executive Committee may,
with the previous sanction of the 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 Government.
leave or any other reasons, the Deputy Registrar shall act as Registrar and in
the absence of Registrar and Deputy Registrar, the Executive Committee may,
with the previous sanction of the 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 Government.
(4) The Council may, with the previous sanction of the Government,
suspend, dismiss or remove any person appointed as the Registrar, or impose
any other penalty upon him in the manner, as may be prescribed.
suspend, dismiss or remove any person appointed as the Registrar, or impose
any other penalty upon him in the manner, as may be prescribed.
(5) Save as otherwise provided in this Act, the salary and allowances
and other conditions of service of the Registrar shall be such, as may be
prescribed.
and 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 and he shall attend all meetings of the Council, and of its
Executive Committee, and shall keep minutes of the meetings and names of
members present and of the proceedings of such meetings.
the Council and he shall attend all meetings of the Council, and of its
Executive Committee, and shall keep minutes of the meetings and names of
members present and of the proceedings of such meetings.
(7) The accounts of the Council shall be kept by the Registrar, in the
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 prescribed.
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 prescribed.
(9) The Registrar shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).
meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).
CHAPTER-III
PREPARATION AND MAINTENANCE OF REGISTER
15. Preparation of register.-
(1) As soon as may be, after the
commencement of this Act, the Registrar shall prepare and maintain a register
of medical practitioners for Himachal Pradesh in accordance with the
provisions of this Act.
commencement of this Act, the Registrar shall prepare and maintain a register
of medical practitioners for Himachal Pradesh in accordance with the
provisions of this Act.
(2) The register shall be in such form, and may be divided in to such
parts, as may be prescribed. The register shall provide for the full name,
address and qualifications with the name of College and University of the
registered practitioner, the date on which each qualification was obtained and
such other particulars, as may be prescribed.
parts, as may be prescribed. The register shall provide for the full name,
address and qualifications with the name of College and University 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
Schedules I, II, and III to the Indian Medical Council Act, 1956 (102 of 1956),
shall subject to any condition laid down by or under the said Act, at any time
on an application made in the prescribed form to the Registrar and on payment
of a prescribed fee and on presentation of proof of his qualification, be
entitled to have his name entered in the register.
Schedules I, II, and III to the Indian Medical Council Act, 1956 (102 of 1956),
shall subject to any condition laid down by or under the said Act, at any time
on an application made in the prescribed form to the Registrar and on payment
of a prescribed fee and on presentation of proof of his qualification, be
entitled to have his name entered in the register.
(4) Every person, whose name was entered on a date prior to 1st May,
1961, in Indian Medical Council register and continued in such register on the
day immediately preceding the date of commencement of this Act, shall be
entitled to have his name continued in the register prepared under this Act.
1961, in Indian Medical Council register and continued in such register on the
day immediately preceding the date of commencement of this Act, shall be
entitled to have his name continued in the register prepared under this Act.
(5) Within a period of three months from the commencement of this
Act or such further period as the Government may allow, the Registrar shall
publish a general notice in the Official Gazette and in such news papers, as the
Council may select, in such form, as may be prescribed, calling upon every
person to whom sub-section (4) applies, to pay to the Registrar, in the
prescribed manner, the prescribed fee if he desires to have his name entered in
the register maintained under this Act, and shall also send individual notice
for 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 entered in
the register.
Act or such further period as the Government may allow, the Registrar shall
publish a general notice in the Official Gazette and in such news papers, as the
Council may select, in such form, as may be prescribed, calling upon every
person to whom sub-section (4) applies, to pay to the Registrar, in the
prescribed manner, the prescribed fee if he desires to have his name entered in
the register maintained under this Act, and shall also send individual notice
for 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 entered in
the register.
(6) After the last date for payment of the prescribed fee under subsection (5) has expired and the register prepared in accordance with foregoing
provisions is ready, the Registrar, shall publish a notice in the Official Gazette
and in such news papers as the Council may select, about the register having
been prepared, and the register shall come in to force from the date of
publication of such notice in the Official Gazette.
provisions is ready, the Registrar, shall publish a notice in the Official Gazette
and in such news papers as the Council may select, about the register having
been prepared, and the register shall come in to force from the date of
publication of such notice in the Official Gazette.
(7) No person though qualified in modern scientific system of
medicine, shall practice in the State of Himachal Pradesh without having a
certificate of registration. Any person serving or practising modern scientific system of medicine in Himachal Pradesh shall be registered with the Council
under this Act.
medicine, shall practice in the State of Himachal Pradesh without having a
certificate of registration. Any person serving or practising modern scientific system of medicine in Himachal Pradesh shall be registered with the Council
under this Act.
(8) 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 practice and
if he has more than one such place, in any one of them, such registration shall
be valid for a period of three years.
registration in the prescribed form. The registered practitioner shall display
the certificate of registration in a conspicuous part in the place of practice and
if he has more than one such place, in any one of them, such registration shall
be valid for a period of three years.
(9) Any person who contravenes provisions of sub-section (7) shall on
conviction, be punished with fine which may extend to five thousand rupees.
conviction, be punished with fine which may extend to five thousand rupees.
16. Special procedure 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 or Third Schedule to the Indian Medical Council Act, 1956) (102
of 1956), shall be registered under this Act, unless the procedure specified in
sub-section (2) has been followed.
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 or Third Schedule to the Indian Medical Council Act, 1956) (102
of 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 his degree, diploma, licence or certificate. The Council
shall transmit the same to the Medical Council of India for opinion and shall
act according to their opinion.
to the Council for registration by giving a correct description of his
qualification, with his degree, diploma, licence or certificate. The Council
shall transmit the same to the Medical Council of India for opinion and shall
act according to their opinion.
17. Persons who may not be registered .-
Notwithstanding anything
contained in sections 15 and 16 of this Act, no person whose name has been
removed whether before or after the commencement of this Act, 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.
contained in sections 15 and 16 of this Act, no person whose name has been
removed whether before or after the commencement of this Act, 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.
18. Fee for provisional registration.-
(1) Any person who desires to
be registered provisionally under section 25 of the Indian Medical Council
Act, 1956 (102 of 1956), shall make an application to the Registrar and shall
pay the prescribed fee.
be registered provisionally under section 25 of the Indian Medical Council
Act, 1956 (102 of 1956), shall make an application to the Registrar and shall
pay the prescribed fee.
(2) Every person whose name is entered in the register under subsection (1) shall be given a certificate of provisional registration in the
prescribed form, and such certificate shall remain in force for such period, as
may be specified therein.
prescribed form, and such certificate shall remain in force for such period, as
may be specified therein.
19. Maintenance of register.-
(1) It shall be the duty of the registrar
to make entries in the register, and to issue certificate of registration in
accordance with the provisions of this Act, and the rules made thereunder.
to make entries in the register, and to issue certificate of registration in
accordance with the provisions of this Act, and the rules made thereunder.
(2) Every Registrar of Deaths on receiving notice of the death of a
medical practitioner registered under this Act, shall forthwith transmit by post
to the Registrar appointed under this Act, a certificate under his own hand of
such death with the particulars of time and place of death and may charge the
cost of such certificate and transmission, as an expense of his office.
medical practitioner registered under this Act, shall forthwith transmit by post
to the Registrar appointed under this Act, a certificate under his own hand of
such death with the particulars of time and place of death and may charge the
cost of such certificate and transmission, as an expense of his office.
(3) The names of registered practitioners, who die or whose name are
directed to be removed from the register under section 22 of this Act shall be
removed therefrom.
directed to be removed from the register under section 22 of this Act shall be
removed therefrom.
(4) 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
prescribed fee, be entitled to have such change in his name recorded in the
register.
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
prescribed fee, be entitled to have such change in his name recorded in the
register.
(5) Subject to the provisions of section 26 of the Indian Medical
Council Act, 1956 (102 of 1956), any person whose name is entered in the
register and who subsequent to his registration obtains any additional
qualification specified in any of the Schedules to the Indian Medical Council
Act, 1956 (102 of 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.
Council Act, 1956 (102 of 1956), any person whose name is entered in the
register and who subsequent to his registration obtains any additional
qualification specified in any of the Schedules to the Indian Medical Council
Act, 1956 (102 of 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.
](6) 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 prescribed fee, and on furnishing an indemnity bond, issue a
duplicate certificate after due confirmation and approval of the Executive
Committee.
certificate of registration has been lost or destroyed, the Registrar may, on
payment of prescribed fee, and on furnishing an indemnity bond, issue a
duplicate certificate after due confirmation and approval of the Executive
Committee.
20. Publication of list of registered practitioners.-
(1) At such time,
after the publication of the notice under sub-section (6) of section 15 of this
Act, as the Council deems fit and thereafter every three years, the Registrar
shall cause to be printed and published a corrected list of all persons for the
time being entered in the register but not later than three months of the start of
election process.
after the publication of the notice under sub-section (6) of section 15 of this
Act, as the Council deems fit and thereafter every three years, the Registrar
shall cause to be printed and published a corrected list of all persons for the
time being entered in the register but not later than three months of the start of
election process.
(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
corrigendum to the list published under sub-section (1) showing-
or before a date to be decided by the Executive Committee, an addendum and
corrigendum to the list published under sub-section (1) showing-
(a) the names of all persons for the time being entered or reentered in the register and not included in any subsisting list
already printed and published;
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
whose names have since been removed on account of any
reason whatsoever from, and not re-entered in the register;
and
(c) any other amendment 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.
particulars to be 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 (1) shall be conclusive
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:
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:
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
21. Disciplinary Committee.-
There shall be a Disciplinary
Committee comprising of, –
Committee comprising of, –
(i) a Chairman to be nominated by the Council;
(ii) a member of Legislative Assembly of the Himachal Pradesh
nominated by the Speaker;
nominated by the Speaker;
(iii) a Legal Expert to be nominated by the Council;
(iv) an eminent public man nominated by the Government;
(v) an eminent medical specialist in the relevant speciality to
which the complaint pertains, to be nominated by the
Council; and
which the complaint pertains, to be nominated by the
Council; and
(vi) a member nominated by the Medical Association of Himachal
Pradesh with minimum ten years standing.
Pradesh with minimum ten years standing.
22. Removal of names 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, the Council may,-
practitioner has been, after due inquiry held by the Council or by the
Executive Committee in the prescribed manner, found guilty of any
misconduct, 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 aforesaid direction; or
be specified in the aforesaid 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 –
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; or
involves moral turpitude; or
(b) 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 (102 of 1956), in this behalf.
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 (102 of 1956), in this behalf.
(2) The Council may, on sufficient cause being shown, direct on any
subsequent date that the name of a practitioner removed under sub-section (1) 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) be re-entered in the register on such conditions, and on payment of such fee,
as may be prescribed.
(3) The Council may, of its own motion, or on the application of any
person, after 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.
person, after 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.
(4) 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 Court under the Code of Civil Procedure, 1908 (5 of 1908)
when trying a suit, in respect of the following matters, namely:-
Executive Committee, as the case may be, shall have the same powers as are
vested in Civil Court under the Code of Civil Procedure, 1908 (5 of 1908)
when trying a suit, in respect of the following matters, namely:-
(a) enforcing the attendance of any person, and examining him
on oath;
on oath;
(b) compelling the production of documents; and
(c) issuing of commissions for the examination of witnesses.
(5) All the 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, 1860 (45 of 1860).
proceedings within the meaning of sections 193, 219 and 228 of the Indian
Penal Code, 1860 (45 of 1860).
(6) 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 Advocate Act, 1961 (25 of
1961); or
1961); or
(ii) an attorney of a High Court.
Explanation.- For the purpose of this sub-section, 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 Council Act, 1926 (25 of 1926).
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 Council Act, 1926 (25 of 1926).
(7) Where an assessor advises the Council, or the Executive
Committee, as the case may be, 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, as the case may be, 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.
(8) Any assessor under this section may be appointed either generally,
or to any particular inquiry, and shall be paid the prescribed remuneration.
or to any particular inquiry, and shall be paid the prescribed remuneration.
23. Renewal of registration.-
(1) Notwithstanding anything
contained in sections 15 and 20 of this Act, on such date, after the date of
publication of the notice under sub-section (6) of section 15, as the Executive Committee may, with the previous sanction of the Government, decide, and
every three years thereafter, the Registrar shall cause a notice in the prescribed
form to be published in the Official Gazette calling upon all registered
practitioners to make an application within a period of 45 days from the date
of publication of the notice to the Registrar for the continuance of their names
on the register together with such proof of having attended approved Medical
Education Programme, as may be prescribed.
contained in sections 15 and 20 of this Act, on such date, after the date of
publication of the notice under sub-section (6) of section 15, as the Executive Committee may, with the previous sanction of the Government, decide, and
every three years thereafter, the Registrar shall cause a notice in the prescribed
form to be published in the Official Gazette calling upon all registered
practitioners to make an application within a period of 45 days from the date
of publication of the notice to the Registrar for the continuance of their names
on the register together with such proof of having attended approved Medical
Education Programme, as may be prescribed.
(2) If the application is not made on or before the date fixed by the
Registrar, he shall remove the name of the defaulter from the register and
shall inform him of such removal by registered post:
Registrar, he 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 of removal of
name from the register, the name so removed may be re-entered in the register
on payment of prescribed fee.
removed is made within a period of six months from the date of removal of
name from the register, the name so removed may be re-entered in the register
on payment of prescribed fee.
24. Appeals.-
(1) Any person aggrieved by any decision of the
Registrar under this Act may, within a period of thirty days from the date on
which the decision is communicated to him, appeal to the Council, which
shall hear and decide the appeal, in the prescribed manner.
Registrar under this Act may, within a period of thirty days from the date on
which the decision is communicated to him, appeal to the Council, which
shall hear and decide the appeal, in the prescribed manner.
(2) Save as otherwise provided in the Indian Medical Council Act,
1956 (102 of 1956), the decision of the Council under this Act shall be final.
1956 (102 of 1956), the decision of the Council under this Act shall be final.
25. Rights of registered practitioner.-
Notwithstanding anything
contained in any law for the time being in force-
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 Himachal
Pradesh and all the Central Acts (in their application to the
State of Himachal Pradesh) in so far as such Acts relate to
any matter with respect to which the Legislative Assembly
has powers to make laws, under clause (3) of article 239AA
of the Constitution, include a practitioner whose name is
entered in the register under this Act; and
“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 Himachal
Pradesh and all the Central Acts (in their application to the
State of Himachal Pradesh) in so far as such Acts relate to
any matter with respect to which the Legislative Assembly
has powers to make laws, under clause (3) of article 239AA
of the Constitution, include a practitioner whose name is
entered in the register under this Act; and
(ii) every registered practitioner shall be exempted if he so
desires, from serving on an inquest.
desires, from serving on an inquest.
26. General provisions.-
The provisions of this Act are in addition to,
and not in derogation of the provisions of the Indian Medical Council Act,
1956 (102 of 1956), containing general provisions applicable to all medical
practitioners.
and not in derogation of the provisions of the Indian Medical Council Act,
1956 (102 of 1956), containing general provisions applicable to all medical
practitioners.
27. Penalty for falsely 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 thousand
rupees.
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 thousand
rupees.
28. False assumption of medical practitioner or practitioner to be
an offence.-
an offence.-
Any person who falsely assume that he is a medical practitioner
or practitioner as defined in clause (e) of section 2 of this Act and practises the
modern scientific system of medicine, shall be punished with regorous
imprisonment which may extend upto three years, or with fine which may
extend upto twenty thousand rupees or with both.
or practitioner as defined in clause (e) of section 2 of this Act and practises the
modern scientific system of medicine, shall be punished with regorous
imprisonment which may extend upto three years, or with fine which may
extend upto twenty thousand rupees or with both.
Explanation.- Under this section, punishment can be awarded only to
medical practitioners or practitioner as defined in clause (e) of section 2 of
this Act and no punishment may be awarded to any one practising Veterinary
Medicine or Veterinary Surgery or Homoeopathic or the Ayurvedic or the
Siddha or the Unani System of Medicine or those holding Bachelor of
Ayurvedic Medicine and Surgery or Bachelor of Indian Medicine and Surgery
degree.
medical practitioners or practitioner as defined in clause (e) of section 2 of
this Act and no punishment may be awarded to any one practising Veterinary
Medicine or Veterinary Surgery or Homoeopathic or the Ayurvedic or the
Siddha or the Unani System of Medicine or those holding Bachelor of
Ayurvedic Medicine and Surgery or Bachelor of Indian Medicine and Surgery
degree.
29. Court competent to try offence and take cognizance of
offence.-
offence.-
(1) No court other than the court of the Chief Judicial Magistrate
shall take cognizance of, or try any offence, under this Act.
shall take cognizance of, or try any offence, under this Act.
(2) No court shall take cognizance of any offence under this Act
except on a complaint in writing made by an officer empowered by rules
made in this behalf.
except on a complaint in writing made by an officer empowered by rules
made in this behalf.
30. Control of Government.-
(1) If at any time it appears to the
Government that the Council or the President or the 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 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.
Government that the Council or the President or the 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 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.
(2) 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 Government may fix in this behalf, the Government
may remove the President or the Vice-President or dissolve the Council for a
specified period, 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 registered practitioners or
practitioner as the Government may appoint in that behalf:
Provided that a new Council shall be constituted before the expiration
of a period of two years from the date of its dissolution.
may be, fails to remedy such failure, excess, abuse, or incapacity within such
reasonable time as the Government may fix in this behalf, the Government
may remove the President or the Vice-President or dissolve the Council for a
specified period, 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 registered practitioners or
practitioner as the Government may appoint in that behalf:
Provided that a new Council shall be constituted before the expiration
of a period of two years from the date of its dissolution.
(3) Notwithstanding anything contained in this Act or in the rules
made thereunder, if at any time it appears to the Government that the Council
or any other authorities 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 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.
made thereunder, if at any time it appears to the Government that the Council
or any other authorities 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 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. Power to make rules.-
(1) The Government may, by notification
in the Official Gazette, and after previous publication, make rules for carrying
out the purposes of this Act.
in the Official Gazette, and after previous publication, make rules for carrying
out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the
forgoing powers, such rules may provide for all or any of the following
matters, namely:-
forgoing powers, such rules may provide for all or any of the following
matters, namely:-
(a) the time and place at which and the manner in which the election
of the members and of the President and the Vice-President shall
be held under sub-section (5) of section 3 of this Act;
of the members and of the President and the Vice-President shall
be held under sub-section (5) of section 3 of this Act;
(b) the manner in which the meeting of the Council shall be
convened, held and conducted under sub-section (1) of section 8
of this Act;
convened, held and conducted under sub-section (1) of section 8
of this Act;
(c) the powers, duties and functions of the Council, the conditions
subject to which they shall be exercised and performed; and
regulation of professional conduct of practitioners by a code of
ethics in accordance with section 10 of this Act;
subject to which they shall be exercised and performed; and
regulation of professional conduct of practitioners by a code of
ethics in accordance with section 10 of this Act;
(d) number of elected members who shall be elected by the Council
from amongst its members for constituting the Executive
Committee of the Council; and 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 and
also the powers and duties and functions of the Council, as may
be delegated by the Council to be exercised, performed and
discharged by the Executive Committee, under the provisions of
section 11 of this Act;
from amongst its members for constituting the Executive
Committee of the Council; and 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 and
also the powers and duties and functions of the Council, as may
be delegated by the Council to be exercised, performed and
discharged by the Executive Committee, under the provisions of
section 11 of this Act;
(e) allowances payable to the President, the Vice-President and other
members of the Council, and to the members of its Executive
Committee under section 12 of this Act;
members of the Council, and to the members of its Executive
Committee under section 12 of this Act;
(f) the salary and allowances and other conditions of service of the
Registrar, manner of maintenance of the account of the Council
by the Registrar, supervisory powers of the Registrar over the
staff and the duties and functions, as may be specified in this Act,
which may be performed and discharged by the Registrar;
Registrar, manner of maintenance of the account of the Council
by the Registrar, supervisory powers of the Registrar over the
staff and the duties and functions, as may be specified in this Act,
which may be performed and discharged by the Registrar;
(g) the conditions of service of the officers and staff of the Council;
(h) preparation and maintenance of register of medical practitioners,
the form of such register, particulars including the name, address
and qualifications etc. of the registered practitioners to be entered
in the register, prescription of the form of application and of
notice to be published in the Official Gazette and news papers to
have names registered, prescription of fees to be paid for such
entry and the manner of payment and prescription of form for
sending individual notices prescription of the form of certificate
which shall be given to registered practitioners under section 15
of this Act;
the form of such register, particulars including the name, address
and qualifications etc. of the registered practitioners to be entered
in the register, prescription of the form of application and of
notice to be published in the Official Gazette and news papers to
have names registered, prescription of fees to be paid for such
entry and the manner of payment and prescription of form for
sending individual notices prescription of the form of certificate
which shall be given to registered practitioners under section 15
of this Act;
(i) prescribing the form of application for provisional registration,
fee payable for such registration and prescribing form of
certificate of provisional registration under section 18 of this Act;
fee payable for such registration and prescribing form of
certificate of provisional registration under section 18 of this Act;
(j) prescription of fee for recording change of name in the register,
prescription of the fee payable for entering additional
qualification in the register and prescription of fee payable for
issue of duplicate certificate of registration under section 19 of
this Act;
prescription of the fee payable for entering additional
qualification in the register and prescription of fee payable for
issue of duplicate certificate of registration under section 19 of
this Act;
(k) the form of the list of registered medical practitioners and manner
of the publication of the list under section 20 of this Act;
of the publication of the list under section 20 of this Act;
(l) manner of taking disciplinary action etc, against registered
practitioners by the Council or by the Executive Committee,
conditions for re-entering the name of a practitioner in the
register and fee to be charged in this behalf; and the remuneration
to be paid to an assessor, under section 22 of this Act;
practitioners by the Council or by the Executive Committee,
conditions for re-entering the name of a practitioner in the
register and fee to be charged in this behalf; and the remuneration
to be paid to an assessor, under section 22 of this Act;
(m) form of notice and form of application for renewal of registration
by registered medical practitioners, proof of having attended
approved Medical Education Programme and fee payable for reentry of name which is removed from the register due to nonrenewal under section 23 of this Act;
by registered medical practitioners, proof of having attended
approved Medical Education Programme and fee payable for reentry of name which is removed from the register due to nonrenewal under section 23 of this Act;
(n) the manner in which appeals against the decision of the Registrar
shall be heard by the Council under section 24 of this Act;
shall be heard by the Council under section 24 of this Act;
(o) officers who are empowered to make a complaint under subsection (2) of section 29 of this Act; and
(p) any other matters which is to be, or may be, prescribed under this
Act.
Act.
(3) All rules made under this Act shall be laid before the Legislative
Assembly, as soon as may be, after they are made.
Assembly, as soon as may be, after they are made.
32. Code of conduct and ethics.-
The Council shall follow the code
of conduct and medical ethics as prescribed by the Medical Council of India
from time to time.
of conduct and medical ethics as prescribed by the Medical Council of India
from time to time.
To read the full bareact, click on the following link.
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