The ARUNACHAL PRADESH MEDICAL COUNCIL ACT, 2004 (ACT NO. 4 OF 2004)
Arunachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHEARUNACHAL PRADESH MEDICAL COUNCIL ACT, 2004
(ACT NO. 4 OF 2004)
{Received the assent of the Governor on 23rd March, 2004 and Published in AP EOG
No 56 Vol.XIII Dated 12th May 2004)
As amended by the Arunachal Pradesh Medical Council Act, 2017 (Act No 5 of 2017)
assented by the Governor on 28/4/2017 and Published in AP EOG N0120,Vol XXIV
Dtd 5/5/2017
AN
ACT
to provide for the constitution of Arunachal Pradesh Medical
Council and for the registration of Medical practitioners in
Arunachal Pradesh and for matters connected therewith.
BE it enacted by the Legislative Assembly of Arunachal Pradesh in
the Fifty fifth year of the Republic of India as follows :
PART-I
PRELIMINARY
1. (1) This Act may be called the Arunachal Pradesh Medical
Council Act, 2004.
(2) It extends to the whole of State of Arunachal Pradesh.
(3) It shall come into force on such dale as the State Government
may by notification in the official Gazette appoint.
2. (1) In this Act, unless the context otherwise requires;
(a) "College" means a Medical College established by law and
aff iliated to any University and recognised by Medical Council of
India.
(b) "Expert" means an expert person in the field of Modern
Scientific system of medicine appointed by the State Council;
(c) "Government" means the Government of Arunachal Pradesh;
(d) "Medicine" means the Modern Scientific system of Medicine
and includes the Surgery and Obstetrics;
(e) "Member' means a member of the State Council;
(f) "Practitioner' means a person who practices Modern Scientific
System of Medicine including Surgery and Obstetrics and is
enrolled in State Register;
(g) "Prescribed" means prescribed by regulations;
(h) "President" means a President of the State Council;
(i) "Recognised medical qualification" means any of the Medical
qualifications included in the Schedules of the Indian Medical
Council Act, 1956 (102 of 1 956)
Short title,
extent and
commenceme
nt
Definition
(j) "Register' means the register maintained by the State Council
of Modern Scientific System including its all branches, Arunachal
Pradesh under the provisions of this Act, in respect of
practitioners;
(k) "Registrar' means the Registrar of theState Council appointed
under Section 5 of this Act;
(I) "Regulation" means the regulations made under this Act;
(m) "Rules" means rules made under this Act;
(n) "State" means State of Arunachal Pradesh;
(o) "State Council" means the Arunachal Pradesh Council of
Modern Scientific System of Medicine including all its branches,
Surgery and Obstetrics constituted under section 3;
(p) "University" means any University in India;
PART-II
3. (1) The Government shall, by notification in the official Gazette, First state
constitute the First State Council consisting of the following Council.
members, namely:
(a) The State Government shall nominate for the first three
years, senior most Physician or Surgeon or any specialist of
Arunachal Pradesh Health Services as Secretary.
(b) The Director of Health Services, Government of
Arunachal Pradesh shall be the President 'and such other
person as nominated by the Government shall be the Vice
President of the first State Council.
(c) One nominee of Government of India, Ministry of Health
and Family Welfare possessing recognised Medical
qualification and at least twenty years professional
experience as a member.
(d) The term of the first State council shall be for three years
from the date of notification.
(e) The President shall inform the State Government six
months before the expiry of the term o, the first Council, to
enable the Government to constitute the State Council in
accordance with the provisions under Section 4.
4. (1) Before the expiry of three years of constitution of first
nominated State Council, the State Government shall, by
notification in the official Gazette, reconstitute tor the purposes
of this Act a State Council with the following members :
1[(a) Such number of members not exceeding six who possess
recognized medical qualification and ore enrolled on state
Reqister. to be elected from amongst themselves by person
enrolled on State Register.
(b) Two persons possessing recognized medical qualification
and enrolled on Register shall be nominated by the State
Government.
( c) The Director of Health Services of the State Government
shall be the ex officio Member.
( d) The Director of Medical Education, Training and Research
of the State Government shall be the ex-officio Member.
(e) The Director of Family Welfare of the State Government
shall be the ex-officio Member.
(2). The President of the reconstituted State Council shall be one
amongst the eleven members whether elected or nominated or ex
officio under sub-section (4) of this section shall be elected by the
members present and voting at the time of election of the
President from amongst themselves.] 1[Substituted by 2017 Amendment Act (Act no 5 of 2017) s.2.wef
05.05.2017
(3) Members of the reconstituted State Council shall elect the
Vice-President amongst themselves in such manners as
prescribed.
(4) The term of the President, Vice-President and members of the
State Council either by election or nomination shall be five years
from the date of Gazette notification or until successors shall have
been duly elected or nominated whichever is longer.
(5) No person shall at the same time serve as a member in more
than one capacity.
(6) The outgoing member shall be eligible for re-election or for re
nomination, but a person who holds, or who has held, office as
President or Vice-President of Slate Council, shall be eligible for
re-nomination/ re-election as the case may be, to, that office, but
only once.
Constitution
of regular
State Council.
(7) Unless otherwise prescribed 50% of the total number of the
members of State Council shall form a quorum, and all the Acts of
the State Council shall be decided by a majority of the members
present and voting.
(8) A casual vacancy, previous to the expiry of the term, in the St
Council due to the death, resignation of any member shall be fill
up by way of election or nomination by the State Government
remaining term accordingly as specified under this Act.
(9) The State Council shall meet at least once in three months of
every year at its office at such time as may be appointed by the
Council.
(10) The office of the State Council shall be situated at Capital
Complex.
5. (1) A Registrar who shall act as a Secretary of Council and such
other person as deems necessary shall be appointed by the State
Council. The salary, pay and other allowances and other service
conditions of the Registrar and other employees of the State
Council shall be such as may be prescribed by the State Council
with the previous approval of State Government.
(2) The State Council shall fix the remuneration and allowances to
be paid to its President, Vice-President and members with the
previous sanction of State Government.
Meeting of
the Council
Quorum etc.
Salaries and
allowances.
Remuneration
and
allowances of
President and·
Vice-
president.
6. The Stale Council shall receive 100% financial grant from the Funds for
Council. State Government to meet its expenses on pay and allowances
and other service benefits of its Registrar and other employees
and also for meeting the accommodation, Stationery, Equipment.
Travelling/ Dearness allowances and other allowances/expenses,
but the state Council's account shall be audited annually through
the State Government authorities.
7. No Act, proceeding of the State Council or any committee
thereof shall be called in question on the ground merely on the
existence of any vacancy, or any defect in the constitution of the
State Council.
8. (a) Subject to the other provisions of this Act, and subject to Duties of the
Orders of the State Council, it shall be the duty of Registrar to keep Registrar
and maintain the State Register.
(b) The Register shall be kept in such form as may be State Register
prescribed by the Council and in such other manner as may
be prescribed, shall contain the name, address and
qualifications of every registered practitioner together with
the dales on which such qualification were acquired.
(c) Every person who holds any of the medical qualifications
included in the Schedules to the Indian Medical Council Act,
1956, may apply to the Registrar giving a correct description
of his qualifications, with the dates on which they were
granted, and present his degree, diploma or licence along
with such fee as may be prescribed for being registered
under this Act. The Registrar shall, if satisfied that the
applicant is entitled to be registered, enter his name in the
register:
Provided that any person whose name has been registered under
any law for the time being in force in any other part of India
relating to the registration of medical practitioners shall be
required to pay such registration fee as may be prescribed if the
law aforesaid provides for registration of persons registered
under this Act without payment of any fee or on payment of a lee
not exceeding the prescribed fee.
(d) Any person who registered immediately before the date
of commencement of this Act in other State Council shall
require to register with Arunachal Pradesh Medical Council
within reasonable lime.
(e) The Registrar shall send three printed copies of the State
Register to the Central Council after the first day of April of
every calendar year also inform the Indian Medical Council
without any delay of all additions, and to all other
amendments, in the State Register made from time to time.
(f) Any practitioner who commits professional misconduct Punishment.
shall be punished by the State Council in a manner as may be
prescribed.
9. (1) The State Council shall consider all applications as may be Functioning of
received by the Registrar from persons holding recognised State Council.
medical qualifications for registration with State Council in the
manner as may be prescribed.
{2) The Registrar of State Council, shall award provisional
registration to the students of either the Government or Private
Medical Colleges in the State, for undertaking their compulsory
internship training after passing final examination in the manner
as mav be orescribed.
10. (1) No person, other than a practitioner of Modern Scientific Rights of
system of medicine who possesses a recognised medical practitioner.
qualification and is enrolled on the State Register :
(a) shall hold office as Physician or surgeon or any other
office (by whatever designation called) in Government or in
any institution maintained by local or other authority {or
treating the patients in Modern Scientific System of
Medicine or for administration purposes.
(b) shall be entitled to sign or authenticate medical or fitness
certificate or any other certificate required by any law to be
signed or authenticated by a duly qualified medical
practitioner;
Furnishing of 11. (1) The State Council shall furnish all such reports, copies of information to
its minutes, abstracts of its accounts and other information to the state
State Government as the Government may require. Government
(2) The State Government may publish in such manner as it may by state
Council. deem fit, any report, copy, abstract or other information
furnished to it under this section.
12. For the purpose of advising the Council on questions of law, ~ gal Ad;~;~;
the State Council shall appoint any advocate for the purpose. council.
13. No suit, prosecution or other proceedings shall lie against the Bar of certain
suits. State Government, the State Council or an officer or servant of
the State Government or of the State Council for anything which
is in good faith done or intended to be done under this Act.
14. (1) Whenever it appears to the State Government that the commission
State Council is not complying with any of the provisions of this of inquiry
Act, the State Government may appoint a Commission of enquiry
consisting of three persons, two of whom may be appointed by
the State Government and out of the said two, one being a first
Class Judicial Magistrate and serving in the State, and the third
one by the State Council, and shall submit to the State
Government of the findings of such enquiry.
(2) The State Government on the basis of report of such
commission shall direct the State Council to take suitable actions
or remedial steps as may seem necessary.
PARTIV
15.The Council may with the previous sanction of the State
Government make rules by notification in the official Gazette to
carry out the purpose of this Act, and without prejudice to the
generality of this power such rules may provide for all or any of
the following matters.
(a) election of the Vice-President of the State Council ;
(b) management of the property of the State Council and the
maintenance and audit of its accounts;
(c) powers and duties of the President and Vice President ;
(d) resignation of members of State Council;
(e) summoning and holding of the meeting of the State Council;
(f) conduct of business of State Council ;
(g) the tenure of office and the powers and duties of the Registrar
and other officers of the State Council ;
(h) the particulars to be stated and the proof o{ the qualifications
and the format of applications for registration under this Act ;
(i) the fees to be paid on applications for registration and
provisional registration ; and
j) any matt er for which under this Act provision may be made by
regulations.
16. Every rule made under this section shall be laid as soon as may
be after it is made, before the State Assembly while it is in session.
17. The State Council as and when necessary shall invite an expert
in the field for seeking necessary guidance and such an expert
shall be paid remuneration, travelling and dearness allowances by
the Council.
Power to
make rules.
18. (1) A society or a Trust lawfully registered under the relevant Establishment
laws of the State may establish Medical Colleges duly recognised of
by the Indian Medical Council after obtaining previous permission
from the State Government.
{2) The colleges so established shall be aff iliated to such
Universities as may be recognised by the University Grants
Commission and the State Government.
(3) The State Government may, in the similar manner mentioned
in sub-sections (1) and (2) establish Medical Colleges.
19. (1) If any difficulty arises in giving effect to the provisions of
this Act, the State Government may, by order, not inconsistent
with the provisions of this Act, remove such diff iculty :
government
and private
medical
college.
Power
remove
d ifficu lties
to
Provided that no such order shall be made after the expiry of the
period of two years from the commencement of this Act.
(2) However, order made under this section shall be laid, as soon
as may be, after it is made, before the State Assembly.
Lex