LexThe ASSAM MEDICAL COUNCIL ACT, 1999
Assam · state statute
Open in Lexace · Ask the AI about this actRegistered No.768/97
THE ASSAM GAZETTE
~~'1
EXTRAORDINARY
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PUBLISHED BY AUTHORITY
~ 66 ~91~' ~. 30~. 2000, 10 ~' 1922 (~)
No.66 Dispur, Thursday, 30th March, 2000, 10th Chaitra, 1922 (S.E.)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT:: LEGISLATIVE BRANCH
NOTIFICATION
The 18th December, 1999
No.LGL.60/98/ 118.-- The following Act of the Assam Legislative
Assembly which received the assent of the Governor is hereby published
for general information.
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306 THE ASSAM GAZETTE EXTRAORDINARY. MARCH 30. 2000
ASSAM ACT No XXVI OF 1999
(Received the assent of the Governor on 15th December, 1999)
Preamble .
THE ASSAM MEDICAL COUNCIL ACT, 1999
AN
ACT
to provide for the reconstitution of the Medical Council of
Assam and the maintenance of a Medical Practitioner's Register
for Assam and for matters connected therewith.
Whereas it is expedient to provide for the reconstitution of
the Medical Council of Assam and the maintenance of a Medical
Practitioner's Register for Assam and for matters connected
therewith.
It is hereby enacted in the Fiftieth Year of the Republic of
India as follows:-
Short title, 1. (1) This Act may be called the Assam Medical Council Act,
extent and 1999.
commence-
ment. (2) It extents to the whole of Assam.
(3) It shall come into force on such date as the State
Government may, by notification in the Official Gazette,
appoint.
Definitions. In this Act, unless the context otherwise requires,
(a) "Council" means the Assam Medical Council constituted
under section 3 ;
(b) "medicine" means modern scientific medicine in all its
branches and includes surgery and obstetrics, but does not
includes veterinary medicine and surgery or the Homeopathic,
the Ayurvadic or the Unani or any other system of medicine,
and the expression 'medical' shall be construed accordingly ;
(c) "registered practitioner" means any person registered
under the provisions of this Act,
(d) "recognised medical qualification" means any of the
medical qualifications referred to in the Schedule ;
(e) "President" means President of the Council,
(f) "Registrar" means a Registrar appointed under section
13;
(g) "State Government" means the Government of Assam ;
THE ASSAM GAZETTE EXTRAORDINARY, MARCH 30, 2000 307
(h) "University" means any University in India established
by law and having a medical faculty ;
(i) the expression "legally qualified medical practitioner"
and all other expressions importing a person recognised by law
as a medical practitioner or a member of the medical profession,
as used in any Assam Act or any Act of the Central Legislature
in force in Assam, ,shall be deemed to mean a medical
practitioner registered under this Act.
constitution 3. (1) The State Governm ent shall cause to be constituted a
and Council consisting of the follow ing members, namely:-
composition
of the Coun
cil.
(a) six members including the Director Medical Education
and Research and the Principals of the three Medical Colleges in
the State to be nominated by the State Government.
(b) one member from amongst the teaching members of each
of the medical colleges of Assam as nominee of the concerned
University of that College ;
(c) three members from amongst the members of the State
Health Service to be nominated by the Director Health Services,
Assam;
(d) ten members to be elected directly by the medical
practitioners registered with the Council.
(2) No registered practitioner shall be entitled to vote or
stand as a candidate for election at an election of members or be
nominated unless he - . ,
(i) is a citizen of India and
(ii) either resides or carries on profession or is employed
anywhere within the State of Assam.
(3) In making nomination as under clause (a) of sub-section
(1) the State Government shall have due regard to the claims of
women, of Medical Organisation and of other groups of
parctitioners, representatives of whom have not been nominated
or elected by the electorates referred to in clmrnes (b), (c) and
'(d) of sub-section (I).
(4) Director, Medical Education and Research, Assam shall
be the President of the Council.
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308 TIIE ASSAM GAZETIE EXTRAORDINARY, MARCH 30, 2000
Qualification
of members.
Nomination
of members
in default of
election etc.
In corpora
tion of the
Council.
Publication
of name of
members.
Terms of of
fice of Vice
President and
members.
(5) One Vice President shall be elected by the members of
the Council in its first meeting. ,
(6) No act done by the Council shall be questioned on the
ground merely on the existence of any vacancy in or any defect
in the constitution of the Council.
4. No person shall be eligible to be a member of the Council
unless he is a registered practitioner.
5. In case the authorities concerned fail to nominate or elect,
as the case may be, members as provided in clause (b), (c) and
(d) of sub-section (I) of section 3, the Council shall be deemed
to have been constituted with the members nominated by the
State Government under the provisions of clause (a) of
sub-section (I) of section 3.
6. The Council shall be a body corporated by the name of
the Assam Medical Council having perpetual succession and a
common seal with power to acquire and hold property both
movable and immovable and to contract and shall by the said
name sue and be sued.
7. The name of every member elected or nominated to the
Council, shall be published by the State Government in the
Official Gazette.
8. (1) The Vice President of the Council shall hold office for
a term not exceeding two years and not extending beyond the
expiry of his tenn as member of the Council.
(2) Subject to the other provisions of this Act a member shall
hold office for a term of five years from the date of his
nomination or election or until his successor shall have been
duly nominated or elected, whichever is longer.
(3) Members of the Council shall be eligible for
re-nomination or re-election.
cessation of 9. (I) An elected or nominated member shall be deemed to
membership . have vacated his seat -
(a) on sending his resignation in writing to the President or
the Vice President of the Council, or
(b) on his absence from three consecutive ordinary meetings
THE ASSAM GAZETTE EXTRAORDINARY, MARCH 30, 2000 3011
of the Council without excuse sufficient in the opinion of the
Filling up of
vacancies .
Meeting of
the Council.
)
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Council, or
(c) in the case of a member nominated und~r cfause (b) of
sub-section (1) of section 3, on his ceasing' to be a member of
the Medkal Faculty of the said College, or ·
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(d) in case of a m ember nominated under clause (c) 6
sub-section (1) of section 3, on his ceasing to be a member of ...
the staff of the Medical College concerned, or , ~ ~ ,~f4/ · ,_. .,..~.
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(e) on his ceasing to be a pe rson enrolled in the State .f
Medic~ Registrar.
2) On the occurrence of any vacancy referred to in' sub-section
(1) the President shall fo1thwith report the fact of such vacancy
to the State Government.
10. (1) A vacancy in the Council shall be filledup by
nomination or election, as the case may be, in accordance with
the provisions of section 3, within two months of occurence of
the vacancy.
(2) Any person nomnated or Glected to fill the vacancy shall
hold office only for the remaining term for ~hich the member
whose place he takes was nominated or elected.
11. ( 1) The Council shall . meet for the transaction of
business at such time and places as may be provided by
regulations.
(2) The President or in his absence any member chosen by
the members from amongst thems elves shall preside at a
meeting of the Council.
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(3) Subject to the provisions of this Act, all questions which .. \
come before any meeting of the Council shall 'be decided br~· ··· .~ .. ·
majority of vo~es of the members present and in case of equality W
of votes, the President and in his absence any other person
presiding over the meeting shall have a casting vote.
(4) Until such time as the regulations have been made and
come into force, the President may convene a meeting at such
time and place as he may deem necessary by a letter addressed
to the members. ,.
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310 THE ASSAM GAZETTE EXTRAORDINARY. MARCH 30, 2000
Payment of
fees and trav
elling expen
ses to mem -
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Registrar and
establishment
of the Coun
cil.
Officers and
employees of
the Council to
be public ser
vants.
Register of
registered
., practioners . . ,,~
12. There shall be paid to the members of the Council, such
fees for attendance at meeting of the Council or of special
Committees and such reasonable travelling expenses for such
attendence and for journeys undertaken in the discharge of their
duties under this Act, a~ may be provided by regulations .
13. The Council shall -
'i
(1) appoint a Registrar, from amongst the registered
practitioners who shall act as Secretary to the Council who may
also if, deemed expedient act as Treasury;
(2) grant leave to Registrar ;
(3) employ such other persons as the Council deems
necessary to carry out the purposes of this Act ;
(4) with the previous sanction of the State Government, pay
them such salary and allowances as the Council may determine
and regulate the 'terms and conditions of the service of the
employees of the Council by regulations.
14. All officers and employees of the Council shall when to
act or purporting to act in pursuance of the provisions of this
Act or of any rules or regulations made thereunder be deemed to
be public servants within the meaning of section 21 of the
Indian Penal Code, 1861. Central Act 45 of.1860
15. The Council shall cause to be maintained in the
prescribed manner a register of Registered Medical Practitioners
which shall contain the names of (a) all persons who are now
enrolled on the State Medical Register, and (b) those who
posses any of the recognised medical qualifications referred to
in the Schedule. ·
311 THE ASSAM GAZETIE. EXTRAORDINARY. MARCH 30. 2000
Maintenance
of Register
by the
Registrar.
16. ( 1) It shall be the duty of the Registrar .of the Com1cil
to keep the register of registered practitioners in accordance
with the provisions of this Act and of any orders made by
the Council, and from time to time revise the register and
publish in the Official Gazette and in such other manner as
may be prescribed.
(2) Such register shall be deemed to be a public
document within the meaning of the Indian
Evidence Act, 1872 and may be proved by a copy
published in the official Gazette.
Central
Act-I of
187,2
Enrolment in 17. Subject to the other provisions contained in this Act
the register of d f 1 £ b 'b d · h" the registered an on paymant o sue 1 ees as may e prescn e m t 1s
practitioner .behalf by regulations made under section 34 an'y of the
and. refus?l of medical qualifications referred to in the Schedule shall be
registratton. recognised medical qualifications for enrolment in the
register of registered prectitioners :
Provided that the Council may refuse to permit the
registration of the name of any person -
(a) who has been sentenced by any competent court for
any offence or any offence involving moral turpitude, such
sentence not having been subsequently reversed or quashed,
and such persons, disqualification an acco,unt of such not
having been removed by an order whjch the State
Government is hereby empowered to make, if it thinks fit, in
this behalf or
(b) whom the Council after due enquiry and after giving
the person an opportunity of being heard in person or
through his pleader, has found guilty, by a majority or
two-third of the members present and voting, on the ground
of any professional misconduct or on any offenc~ involving
moral turpitude.
R _egistration. 18. (1) Every person who applies to have his name
entered in the Register of registered practitioners must
satisfy the Registrar that:-
(a) he is possessed of the medical qualification granted by
any University refen-ed to in the Schedule or;
THEASSAMGAZETIE. EXTRAORDINARY.MARCH30. 2000 312 - ' __
(b) he Is registered under any other Medical Registration _'.'.
Act and in that event - · '
(i) must correctly inform th,e Registrar the da~e of such
registration, and r .,. •
(ij) must furnish the Registrar with a corre~t statement
of the medical diplomas, titles oi· qualifications in respect of
'which he is so registered, and of the dates on which he
obtained them, or '
. , (c) he is not registered under any Medical Registration
Act and in that event must cotTectly inform the Registrar of
the dates on which he obtained tht1 titles, Medical diplomas
or qualifications which entitle him to claim registration under
this Act and the re,asons why he is not so registered. , .
I J
(2) Once a practitioner has been granted registration by
the Council, he shall be bound tq quote his registration
number in all correspondenc es made by him in connection
with his medical profession.
Registration 19. Ifany person whose name is entered in the register
of a~~itio~al of registered practitioners obtains any medical qualification
qualifications. other than the qualification s in respect of which he has been
registered, .he shall, on payment of such fee as may be
provided by regulations made in this behalf under
section 34, be entitled to have such qualifications entered
against his name in the register, if such qualification be a
qualification referred to in the Schedule 1 either in
substitution for or in addition to any previously made.
Disposal of 20. All fees received by the Council under this Act shall
fees. be utilised for the purpose of this Act in accordance with
such rules as may be prescribed.
Appeal
against the
decision of
the Registrar.
_ 21. If any person is dissatisfied with the decision of the
Registrar refusing to enter the name or qualifications of such
person in the register of registered practioners he may, at
any time within three months from the date of such
decisiqn, appeal to the Council, whose decision thereon
shall be final.
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313 THE ASSAM GAZETTE. EXTRAORDINARY. MARCH 30. 2000
Erasure of
fraudulent and
incorrect
entries.
Removal or
re-entry of
the names
from the
register.
Effect of
removal of
names from
register.
Appeal
against the
decision of
Council.
Protection of
action ·taken
in good faith.
Notice of
death and
erasure of
names from
register.
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22. Any entry in the register of registered practitioners
which is proved to the satisfaction of the Council to have
been fraudulently or incorrectly made may be erased under
order, in writing, of the Council. ·
1
23. '(1) The Council may direct the removal altogether or
for a specific period from the register of the names of any
registered practition er for the same reasons for which
registration may be refused by the Council under section 17
and the conditions mentioned in clause (b) of se,ction 17
shall apply to any enquiry under this section. ·
(2) The Council may also direct that any names so
removed shall be restored.
24. A .registered practitioner whose name has been
removed from the' register under sub-section (1) of
section 23 shall forthwith surrender his certificate · of
registtation to the Registrar and the name so removed shall ·
be published in the Official Gazette. ·•· · , ,
,j
(2) If the name; of registered practitionePremoved under,,
sub-section (1) of section 23 is afterwards re-.entered in the
register as provide,d in sub-section (2) of that section the. fact ·;
of such.-re-entry be published in the Official Gazette and the
certificate of registration shall be returned to the registered
practitioner.
25. An appeal shall lie with the State Government against
every decision: of the Council under section 17 or section 2'.l
Such appeal shall be preferred within three months from the ·
date of the decision of the Council.
26. No suit or other legal proceeding shall lie in 'respect
of any act done in good faith in the exercise of any power
conferred by this Act on the State Government or the
Council or any Committee of the Coupcil or the Registrar.
27 (1) Every Registrar of Births and Deaths, who .
receives notice of death of any medical practitioner, shall
forthwith transmit to the Registrar of the Council a certificate
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THE ASSAM GAZETTE. EXTRAORDINARY. MARCH 30. 2000 314
Penalty on
unregistered
person re
presenting
that he is
registered.
Penalty for
failure to
surrender
certificate of
registration.
Validity of
medical
certificate.
of such death, signed by him and stating particulars of the
time and place of death. · ;
(2) On receipt of
(a) any such certificate, or
(b) any other reliable infonnation regarding such death
the Registrar of the Council shall erase the name of the
deceased person from the register.
28. If any person, whose name is not entered in the
register of registered practritioners, falsely represents that it
is , entered, or uses in cdnnectior vyith his nalne or title , any
words or letters representing that his name is so entered, he
shall, irrespective of whether any person is actually decieved
by such representation or not, be punishable, 011 conviction ,
by a Magistrate of the First Class, with fine which may
extend to three hundred rupees in the first instance and in the
case of a subsequest conviction with fine whic'h may extend .
to three thousand rupees and imprisonment which may
extend to three years. · ''·· '
29 (1) If any registered practitioner whose name has been
removed from the. register under sub-section (1) of section
23 fails, without sufficient cause forthwith to surrender his ,
registration, he shall be punishable with a fine which may
extend to five hundred rupees.
{2) Cognizance of an offence punishable under this
section shall not be taken except upon complaint made,by
on order of the Council.
30. No certificate required to be given by any medical
practitioner or Medical Officer under any Assam Act or any
Act of the Central Legislature . in force in Assam, shall be
valid unless such practitioner or officer is registered tinder ,
this Act.
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315 THE ASSAM GAZEITE. EXTRAORDINARY. MARCH 30, 2000
Unregistered
persons not
to hold cer
tain appoint
ment and
practice medi
cine etc. and
penalty for
contravention
thereof.
Publication
and use of
annual
medical list.
31. (1) No person other than a Medical Practitioner
enrolled in the register of registered practitioners maintained
by the Council -
(a) shall hold office as physician or surgeon or any other
office (by whatever designation called) in Government or in
any institution maintained by a local or other authority ;
(b) s)lall practise medicine ;
(c) shall be entitled to sign or authenticate a medical or
fitness ce1tificate or any other certificate required by any law
to be signed or authenticaled by a duly qualified medical
practitioner ; and '
(d) shall be entitled to give evidence at any
inquest or in any Court of Law as an expe1t under
section 45 of the Indian Evidence Act, 1872 or
any matter relating to medicine.
Central
Act. I,
f 872.
(2) Any person who acts in contravention of any
provision of sub-section (1) shall be punished with
imprisonment for a term which may extenc;l to one year or
with fine which may extend to one thousand 'rupees or with
both.
32. (1) The Registrar shall, after the expiry of every five
years, on or before a date to be fixed in this behalf by the
Council, cause to be printed and published a correct list of
the names for the . time being entered in the register of
registered practitioners and setting fo1th -
(a) all names entered in the register arranged m
alphabetical order according to the surnames ;
(b) the registered address or appointment of each person
whose name is entered in the register ; and
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316 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH, 30, 2000
( c) the qualifications of each such person represented by the
abbreviations therefor and the year in which each such
qualification was obtained.
Power to
make rules.
(2) The Registrar shall, on the expiry of every year other
than the year in which a list is printed and published under ·:
sub-section (1), on or before a date to be fixed in this behalf
by the Council, cause to be printed and published a list
supplementary thereto, containing additions and alterations
in the register of registered practitioners since the publication
of the list under sub-section (1) or the supplementary list
under sub-section (2).
(3) Every Court shall presume that any person whose
name is entered in the latest list printed and published under
sub-section (1) read with the list supplementary thereto, if
any, printed and published under. sub-section (2) is duly
registered under this Act, and that any ,person whose name is
not so entered is not registered under this Act :
Provided that, in the case of any person whose name
does not appear in the latest list printed and published under
sub-section (1) read with the lists supplementary thereto, if
any, printed and published under sub-section (2), a certified
copy signed by the Registrar of the entry of the name of such
person in the register of registered practitioners, shall be
, conclusive evidence that such person is registered under this
Act.
33. (1) The State Government may make rul~s to carry
out the purposes of this Act.
(2) In particular, and without prejudice to the generality
of the foregoing power, such rules may provide for or any
of the following matters, namely :--
(a) to regulate nomination under clauses (b), (c) and
election under clause (d) of sub-section (1) of section 3;
(b) the manner of election of Vice President under
sub-section (5) of section 3;
(c) to prescribe the form of the register of registered
practitioners to be maintained under this Act;
(d) to regulate the utilisation of fees under section 20 and
THE ASSAM GAZETTE, EXTRAORDINARY, MARCH, 30, 2000 317
Powers to
make
regulations.
audit thereof; and .,
(e) to regulate the procedur e to be followed by the
Council in --
(i) conducting any enquiry referred to in clause (b) of
section 17, or section 23; and ' ,. '
(ii) disposing of appeals against the decision ·of the
Registrar prefeITed under secti on 2 L
2. Every rule made under this section shall be laid as
soon as may be after it is made, before the State Legislature
while it is in session for a total peri6d of fourteen days
which may be comprised in one session or in two successive
sessions and if, before the expiry of the session in' which it
is so laid or the session immediately following, the
Legislature agrees in making any modification .in the rule or
that the rule should not be made, the rule shall thereafter
have effect only in such modified form or to be of effect, as
the case may be; so, however, that any such modification of
annulment shall be without prejudice to the validity Of
anything previously done that rule.
34.(1) The Council may, with the previous sanction of
the State Government, make regulations not inconsistant
with this Act or the rules made thereunder, for calTying out
the functions under this Act.
(2) In particular, and without prejudice to the generality
of the foregoing powers, such regulations may provide for
all or any of the following matters, namely :--
(a) the time and places of the meeting of the Council
under sub-section (1) of section 11;
(b) the procedure and conduct of business at the meetings
of the Council;
(c) the constitution and functions of the Special
Committees and tlie procedure for transaction of business at
the meetings of such committees;
(d) the allowances and fees to be paid to the President,
Vice President or members of the Board or mei;nbers of the ·
Special Committtees;
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318 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH, 30, 2000
Repeal and
saving.
( e) the terms and conditions of the services of the officers '
and other employees of the Council under sub-sectio n (4) of
section 13;
(f) the fees chargeable in respect of any registration under
this Act;
(g) to regulate the keeping of accounts of such fees;
(h) to specify quidelines for professional conduct;
(i) any other matter which has to be or may be provided
bY.. regulations .
. 3. All regulations made under this section shall b,e
published in the Official Gazette and shall have effect from
the date of such publication.
35.(1) The Assam Medical Act, 1916 and if
immediately before the commencement of this
Act, there is in force in Assam any law or order
regulating the matters provided in this Act, shall
stand ,;epealed.
Assam
Act 1
of 1916
(2) Notwithstanding such repeal, anything done or any
action taken under the Act, law or order so repealed shall be
deemed to have been done or taken under the con-esponding
provisions of this Act.
The Schedule
(See sections 15,17 and 18)
Medical qualifications as laid down or to be laid
down from time to time in the first Schedule of the
Indian Medical Council Act, 1956.
M.K. DEKA,
Central
Act II of
1956
Secretary to the Govt. of Assam,
Legislative Deptt.
AGP.Printed and published by the Dy. Director (P.&S.), Directorate of Ptg. and Sty.,
Assam, Guwahati-21' (E;-Gazette) No.131-500-400-30 -3-2000.