LexThe Assam Medical Act, 1916
Assam · state statute
Open in Lexace · Ask the AI about this actTHE ASSAM M£DICAL ACf 1916•
(Assam Act No. I of 1916)
CONTENTS
Section Section
Preliminary
1. Short title, extent and com
mencement.
2. Definitions
The Assam Council of Medical
Registration
3. Establishment of the Assam
Council of Medical Registra
tion .
4. Constitution of Council.
5. Nomin ation of members, in
default of election.
6. Disqualification for being elect
ed or nominated as a member.
7. Publica tion of names of
members.
8. Leave of absence to members.
9. Cessa tion of membership.
10. Filling of vacancie s.
11. Term of office of members.
12 Meetings.
13.
14.
The Realster of registered practi
tioners
1 S. Order by the Council for main
tenance of register of registered
practitioners .
16. Maintenance of register by Re
gistrar.
17. Persons referred to in Schedule
entitled to be registered.
18. Amendment of Schedule.
19. Power of Council to call for
certain inforlD6l'lon from
authorities of Medical College
or Schoo l included o r wishing
to be included in Schedule.
20. Information to be furnished to
Regis trar with application for
regi stration.
21. Entry of new titles and qualifica
tions in register.
22. Dispos al of fees.
23. Appeal to Council from decision
of Registra r.
24. Erasure of fraudulent and in·
correct entries.
25. Power of Council to direct re·
moval of names from register
and re-entry of names therein.
26. Appeal to State Government
from decision of Council.
27. Bar to powers and other legal
proceedings.
28. Notice of deaths and erasure of
names from register .
29. Pen alty on unregistered person
representing that he is regis
tered.
30. Coo~truction of reference in
Acts to medical practitioner.
31. U a register ed person not to hold
certain appointments.
Aonu1d medical Jist
32. Publication and use of annual
med1cal list.
33. Regulations.
34. [Omitted].
THE SCHEDULE
•Published in the Assam Gazette on the 24th May, 1916.
[ 538 ]
Assam Medical Act, 1916 539 tP
An Ad to provide for tbe registration of medical practitioners lo Assam
Whereas it is expedient to p1ovide for registration of medical practitione r
in Assam :
And whereac; the sanction of the Governor-Genera l bas been obtained,
under S. 5 of the Indian Councils Act, I b92, to the passing of this Act i
lt is hereby enacted as follows :
Preliminary
1. Short title, extent and commencement., (I) This Act may be called
the Assam M~dical Act, 1916.
(2) It extends to the whole of Assam including the Khasi and Jaintia
Hills district.
(3) It shall come into force on the day on which it is published in the
Gazette after having received the assent of the Governor-General :
Provided that S. 29, S. 30 and S. 3 I shall not come into force until a date
to be appointed in this behalf by the State Government by notification in the
Gazette.
NOTES
Section / . This Act has been extended in its applicati on to the State of
Meghalaya , vide the Megbalaya Adapt ation of Laws Order (No. 1), 1974, to
come into force on and from the appointed day, i. e., 21-1-1972, whereby the
sub-Ss. (2) and (3) of this sect ion were omitted, including the proviso.
2. Dcftnllions. In this Act, unless there is anything repugnant io the
subject or context,-
(a) "The Medical Acts'' means the Medical Act, 1858 and the Acts
amending the same :
(b) "The Council" means the Council established under S 3 ;
(c) "Regi~te red practitioner" means any person registered under the
provt~ions of this Act ;
(d) "Medical Corporation" means any body. other than a University,
for the time being competeut to grant a diploma or d·plomas
confanng on the bolder thereof tf he has passed a qualifying
examination, the right of registration under the provisions of th1s
Act; and
(e) "Medical diploma" means a diploma granted by a University or a
medical corporation in respect of medicine, surgery and midwifery
or any of these subjects or any branch of medicine or surgery.
The Assam Connell of Medfra/ Registration
3. Establishment of the Assam Council of Medical Registration. A
Council shall be established and called "the Assam Council of Medical
Registration " ; and such Council shall be a body corpor.He and have perpe1uat
succession and a common ~eal, and shall by the said name sue and be sued.
North -Eastern Region Local Acts & RuleJ (S. 4
4. Constitution of Cooacil. The said Council shall consist of thirteen
member'>, namely :
(a) A president to be nominated by the State Government ;
(b) Six members to be nominated by the State Government 1
(c) Two members to be elected by registered practitioners who are
qualified to be registered under the Medical Acts and are resident
in Assam;
(d) Two members to be elected by registered practitioners who are
graduates or licentiates in medicine or surgery of the University of
Calcutta and are resident in Assam ; and
(e) Two members to be elected by all other registered practitioners
who are resident in Assam.
NOTES
Section 4. This section has been substituted for its application in the
State of Meghalaya (vide the Meghalaya Adaptation of Laws Order (No. 1),
1974 to come into force on and from the appointed day i.e ., 21-J-1972 and
the said S. 4 as applied to Meghalaya is as follows :
"4. The said Council shall consist of seven members, namely
(a) A President to be nominated by the State Government ;
(b) Three members to be nominated by the State Government ; and
(c) Three members to be elected from the gradua tes or licentiates in
medicine, who are registered practitioner s and who are permanent
residents of Meghalaya".
5. Nomination of members in defaolt of election. If any of the
electoral bodies referred to in Cis. (c) to (e) of S. 4 does not, by such date as
may be prescribed by rule made in that behalf under S. 33, elect a person to
be a memb er of the Council, the State Government shall nominate a member
in his place ; and any person so nominated shall be deemed to be a member as
if be had been duly elected by such body.
6. Disqualification for being elected or nominated as a member. A
person shall be disqualified for being elected or nominated as a member of the
Council if he-
(a) is not registered under thi s Act ; or
(b) has been sentenced by any court for any non-bailable offence. such
sentence not having been subsequently rever sed or quashed, and
such person's disqualification on account of such sentence not
having been removed by ao order which lthe State Governmen t is
hereby empo wered to make, if it thinks fit, in thi s behalf ; or
(c) is an undischarged insolvent :
Provided that, in the case of first elections held and first nomina tions
made under this Act, the persons electing tbe memb ers referred to
in Cl (c), Cl. (d) and Cl. (e) of S. 4 and the members elected and
nominated under that section shall be persons who are qualified to
be registered under this Act.
s. J2] A.3sam Medical Act, 1916 541
7. Publication of names of members. The name of every member
elected or nominated under S. 4 or S. 5 shall be publi shed by the State Gov
ernment in the official Gazette.
8. Leave of absence to members. The Council may permit any member
to absent himself from meetings of the Council for any period not exceeding
six months .
9. Cessation of membership. (1) A member of the Council shall be
deemed to have vacated his seat- '
(a) on his absence without excuse sufficient in the opinion of the
Council from three consecutive meetings of the Council ; or
(b) on his absence out of India for any period exceeding six conse
cutive months ; or
(c) on his becoming disqualifi ed for election or nomination as a
member for any of the reasons mentioned in S. 6.
(2) On the occurrence of anv vacancy referred to in sub-S. (I), the Presi
dent shall forthwith report the fact of such vacancy to the State Government.
10. FiUing of v1cancies. If any member dies, or resigns his member
ship, or ceases to be a member as provided in S. 9, sub-S . (I) the vacancy
shall be filled, within one month, by a fresh election or nomination, as the
case may be, under S. 4.
1J . Term of office of members. (1) The term of office of the first mem
bers elected or nominated under S. 4 or S. 5 shall commence on such day as
may be appointed by the State Government.
(2) Subject to the provisions of S. 9, sub-S. (1 ). the term of office of
members sbaJI be three years. But when a member is elected or nominated in
a seat vacated under S. H'l, the term of office of such member shall be the
unexpired term of the office of the member in whose place be is nominated or
elected
(3) Any member shall, if not disqualified for any of the reasons mention
ed in S. 6, be eligible for re-election or re-nomination at the end of his term of
office.
ll. Meetings . (1) The Council shall make regulations to regulate
(a) the times and place at which their meetings shall be held ;
(b) the issue of notices conveying such meetings ; and
(c) the conduct of business thereat :
Pro vided that-
(I) no business sha ll be tran sacted at any meeting unless a quorum
of four m~mhers be present ; and
(ii) save as a provided in S. 17 and S. 25 all questions arising at
any meeting shall be decided by the votes of the majo rity of
the members present and voting or, in case of equality of
votes by the casting vote of the President, or in his absence,
of the member presiding at the meeting.
S42 North-Eastern Region Local A.ct8 cl RultJ rs, t3
(2) Until such time as the regulations referred to in sub-S. (J) have
come into operation, it shall be lawful for the President to summon a meeting
at such time and place as to him shall seem expedient, by letter addr essed to
such member .
13. The mcmbps of the Council shall be entitled to such fees for
attenda11ce at meetings of the Council and such reasonable travelling expenses,
as may, from time to time, be allowt:d by the Council and approved by the
State Government.
14. (I) With the previous sanction of the State Government the Council-
(a) shall appoint a Registrar ;
(b) may gra nt leave to such Regisrrar and appoint a person to act in
his place ; and
(c) shall pay to the Registrar and to the person if any appointed to
act in his place such salar y and such allowances if any as the
Council may determine.
(2) The Council may appoint such othe r officers and such clerks and ser
vants as they may consider necessary for t be purposes of this Act, and shall pay
them such salary and such allowances, if any, as the Council may determine.
(3) The Registrar shall act as Secretary to the Council.
(4) Every person appointed under sub-S. (I) and sub -S. (2) shall be
deemed to be a :>ub'ic servant within the meaning of S. 21 of the Indian Penal
Code.
The Register of registered pra ctitionHs
l 5. Order by the Council for maintenance of register of registered
practitioners . ( I ) The Council shall, as soon as convenient ly may be after
the commencement of this Ac t. and from time to time. as occasion may re
quire, make orders for regulating the mniot cnan ce of a Register cf registered
practiti oners.
(2) The said register shall be kept in such form as may be prescribe d by
rules made under S. 33.
16. Maintenance of register by Registrar . (I) The Registrar shall keep
the register of registered practitioners in accordance with the provi sions of
this Act and of any orders made by the Council, and shall, from time to time,
make all necessary alterations in the registered addre sses or appointments and
the registered qualification s or titles of such practitioners, and erase the names
of any practitioners who have died.
(2) To enable the Registrar to fulfil the dutie s imposed upon him by sub
S, (1), he may send throogh the post a letter to any registe1ed practitioner ,
addressed to him according to his registered address or appo intment, to enqu ire
whether he has ceased to practise or whether his residen ce or appointme nt has
been changed ; and if no answer to any such letter is received within a period
of six months from its despatch , the Registrar may erase the name of such
registered practit ioner from the register :
it
a·
s. 19) A.3jam Medical Act, 1916 543
Provided that any name erased under the sub-section may be re·entered
in the register under the dire-:tio·n of the Council.
17. Persons referred to in Schedule entitled to be registered. Evety
person referred to in the Schedule shall subject to the provi sions ht:reinafter
contained , and on payment of such fee as may be prescribed in this behalf by
regulation made under S. 33, be entitle d t o have his name entered in the
register of register&d practi tione rs :
Pro vided that the Council may refuse to permit the registrat ion of the
name of any persoo-
(a) who bas been sentenced by any cGurt for any non-bailabl e offence
such sentence not havin g been subsequently reversed or quashed,
and such person's disqual ificati on on account of such sente nce
not having been removed by any order whic h the State Govern
ment is hereby empowered to make, if it thinks fit, in this behalf ;
or
(b) whom the Council after due inquiry at which an opportunity bas
been given to him to be heard in his defence an d to appea r either
in person or by counsel , vakil. pleader or attorn ey and which may
in the discre tion of the Pre sident, to be held in cam era have found
guilty by a maj ority of two-third s of the members present an d
voting at the meeting, of infam ous conduct in any professional
respect.
18. Amendment of Schedule . If the State Governm ent on the report of
the Council or otherwise is satisfied-
(a) that any medical diploma o r title gran ted or qu alificati on certified
by any Univer sity, Medical Corpor ation , exam ini ng body or other
instit ution is a sufficient gua rant ee that persons posse ~s ing such
medical dipl oma, titl e or qu alification possess the knowl edge and
skill requi site for the efficient practice of medici ne, surge ry and
midwif ery, or
(b) that any medical diplom a, title or qualifi cation referred to in
Art. 3 of the Schedule is not a sufficient gua rant ee as aforesaid,
it may be direct ed by notification,-
(i) in case (a)-that the possessio n of such medical dipl oma , title
or qualification sba11, subject to the provision s hereinafte r
contained and on payment of such fee as may be pres
cri bed in th is behalf by regulation mad e under S. 33, entitle
any perso n tO have his nam e entered in the register of regiS·
tered practitioners, or
(ii) in case (b) -that the possession of such medical dipl oma, titl e
or qualification shall not entitl e any person to have his name
entered in the said regis ter ;
and the Schedul e sha ll thereupon be deemed to be altered accordin gly.
19. Power of Council to call for certain information from autho rities of
Medical College or School included or wishing to be included in Schedule. The
Council shall have power to call on the governing body or authorittes of any
Medical College or School included in or desirous of being included in the
Schedule-
544 North-Eastern Region Local Acts&: Rules [S. 20
(a) to furn ish such reports, returns, or other infor mat ion as the
Council may require to enable them to judgt' of the efficiency of
the instructions given therein in medicine, surgery and midwifery ;
and
(b) to provide facilities to enable any member of the Council deputed
by tbe Cou ncil in this behalf to be pre sent at exam ination to be
held by such college or school.
20. Information to be furn ished to Registrar with application for regis
tration. Every person who applie s to have his name entered in the register of
registered practiti oners-
(a) must satisfy the Registrar that be is possessed of some title,
medical diploma or qualification referred to in the Schedule, as
altered by notification, if any, issued under S. 1!! ; and
(b) if be is registered under the Medica l Act-
(i) must correct ly inform the Re&istrar of the date of such regis·
tration, and
{ii) must furnish the Registra r with a correct statement of the
medical diplomas , titles or qualificatio ns in respect of which
he is so Hgistered, and of the dates on which h e obtained
them, or
(c) if he is not registered und~r the Medical Acts- must correct ly
inform the Registrar of the dates on which he obtai ned t he titles,
medical diplomas or qualificat ions which entit·le him to claim
rt'gistlation under this Act, and, if b e is qualified to be registered
under the Medical Acts, of the reaso ns why be is not so registered.
2J . Entry of oew titles and qualification s In register. If a ny perso n
whose name is entered in the register of regisured practitione rs obtained in
title, medical diploma or qu alification other than the title, medical diploma or
qualification in respect of which be has been registered, be shall on payment
of !'luch fee a.s may be prescribed in this behalf by regulation made under
S. 33, be entitled to have an entry stating such other title, medical dip loma or
qualification made against his name in the register, either in substit ution for,
or in addition to, any entry previously made.
22. Disposal of fees. All fees received by the Council under thi s Act
shall be applied for the purpose of this Act, in accordance with s uch rule, as
may be made by the State Government under S. 33.
23. Appeal to Council from decision of Registr ar. If any person is
dissatisfied with any decision of the Registrar refusing to ente r the name of
any t•tle, diploma or qualificat •on of such person in the register of registered
practitioners he may, an~ time, within three months fro m t he d ate of such
decision , appeal to the Council, whose decision shall be final.
24. Erasure of frau dulent and Incorrect entr ies. Any entry in the re,gis·
ter of registered practitioner$, which is proved to the satisfactio n of the
Council to have been fraudulently (Jr iucorrectly mad e, may be erased under
an order in writing of the Council.
:ZS. Power of Council to direct removal of names from re&lster aad a:e
entry of names therein. The Council may direct-
s. 30) Assam Medical Act, 1916 545
(a) that the name of any registered practitioner-
(i) who bas been sentenced by any court for any non-bailable
offence, such sentence not having been subsequently reversed,
or quashed and such person's disqualification on account of
such sente nce, not baviug been removed b) an order which
the State Government is hereby empowered to make, if it
thinks fit, in this behalf , or
(ii) whom the Council after due inquiry as provided in Cl (b) of
S. 17, have found guilty, by a majority of two· thirds ot the!
members present and voting at the meeting, of infamous
conduct in any professional re5pect,
be removed from the register of registered practitioners, and
(b) tbat any name so temoved be afterwards tc-entercd in the register.
26. Ap eal to the State Government from decision of CoRDell. (I) An
appeal shall lie to the State Government from every decision of ihe Council
under S. 17 or S. 25.
(2) Every appeal under sub-S . (1) shall be preferred within three months
from the date of such decision.
27. Bar to parts and other tegal proceedings . No suit or other legal
proceeding shall lie in respect of any action done in the exercise of any
powers conferred by this Act on the State Government or the Council of the
Reg istrar.
28. Notice of deaths and erasure of names from register . (1} Every
Registrar of De:lths who receives notice of the death of any person whose
name he knows to be entered in the register of registered practitioners shall
forthwith t ran~mit by post to the Registrar of the Council a certi6cate .:>f such
death , signed by him and stating panjculars 6f the time ana place of death.
(2} On receipt of-
(i) any such certificate, or
(ii) any other reliable information regarding such death, the Rtgi strar
of the Council shall erase the name of the deceased person from
the register .
29. Penalty on unregistered persoo representing that he Is registered.
If any person whose name is not entered in the register of regtstered practi
tioners falsely pretends that it is so entered or uses 10 connection with his name
or title any words or letters representing that his name is so entered, he shall.
whether any pers on is actually deceived by such representation or not. be
punishable on conv iction by a Magistrate of the first class, witb fine which
may extend to three hundred rupees.
30. Construction of reference In Acts to medical pra.:tftloner. The
expression "legally qualified medic al practitioner" or "duly qualified medical
practitioner" and all other expressions importing a person recognised by Jaw
as a medical practitioner or a member of the medical profes sio n as used in
a.ny Act in force in Assam, sha ll be deemed to mean a medical practitioner
registered under the Medical Acts or this Act ; and no certi&ate required to
11 ALA-69
546 North-Eastern Region Local Acts RuleJ [S. 31
be given by any medical practitioner or Medical Officer under any Act in force
in Assam shall be valid unless such practiti oner or officer is regis tered under
the Medical Acts or thi s Act.
31. Unregistered person not to hold certain appointment s. Except with
the special sanction of the State Government no person other than a registered
practitioner shall be competent to hold any appointment as Medical Officer
of health or as physician, surgeon or other medtcal oflicer in any hospital,
asylum, infirmary, dispensary or lying-in-ho spital which is supported partially
or entirely by public or local funds.
Annual Medical list
32. Publication and use of annual m~>dical Jist. (I) The Registrar shall
in every year on or before a date to be fixed m thi s behalf by the Council,
cause to be printed and publ ished a correct list of the names for the time being
entered in the reg ister of registe red practitio ners ; and set ting fonh-
(a) all names entered in the 1egister, arranged in alphab etical order
according to the su rname s,
(b) the registered address or appointment of each person whose name
is entered in the register, and
(c) the registered titles and qualifications of each such person and the
date on which each such title was granted or each such qualifica
tion was certified .
(2) Every court shall presume that any person whose name is entered in
the latest of such l1sts is July registered under thi ~ Act, and that any person
whose name is not so entered is nl't registered under this Act :
Provided tha in the case of any person whose name does not appear in
such list, a certified copy, signed by the Registrar, of the ent ry of the name of
such person in the register of registered practiLioners shall be evidence that
'lUCh person is registered under th1s Act.
33. Regulatio ns. (I) The State Government may, from time to time,
make rules to carry out the purposes of this Act.
(2) To oarti cular and with out prejudice to the generality of the foregoing
power, the State Government may make rules-
(a) to regulate elections under Cis. (c) to (e) of S. 4 ;
(b) to prescribe the form of the register of registered practitioners to
be maintained un der this Act ;
(c) to regulate the application of fees under S. 22 ; and
(d) to regulate the procedure to be followed by the Council in-
(i) conducting any enquiry referred to in proviso (b) to S. 17 or
Cl. (a) of S. ~5 ; and
(ii) disposing of appeals from the decision of the Registra r
preferred under S. 23.
(3) In addition to the power conferred by S. 12 ; the Co uncil may, with
the previou s sanction of the State Government, make regulations-
Sch .] A.uom Medical Act, /916 547
(a) to prescribe the fees chargeable in respect of any registration
unac:t lhts Act, and
(b) to regulate the keeping of accounts of such fees.
(4) All such rules and regulat ions shall be published in the official
Gazelle.
34. [Omitted],
THE SCHEDULE
[See Sections 17, 1St 19 and 20]
Persons who are entitled to have their names entered in the register
of registered practitioners
1. Every person who is for the time being registered or qualified to be
regist ere d under the Medical Acts.
2. Every Doctor, Bachelor or Licentiate vf Med icine or Master of
Obst etrics or Master, Bachelor or Licentiate of Surgery of Universities estab
hshed by Central Act s, Provincial Act s or State Act s.
3. Every person who bas been trained in a Government Medical College
or School in lod 1a, Pakista n or Burma, not maintained, but recognised by
Government, for the purp oses of this Schedule, by notification and holds a
medical d•ploma or certific ate, granted by the Government concerned or
granted by a Med1cal School not mamtaioed by any Government, but recog
nised as aforesai d, declaring him to be qualified-
(a) to prac tice medicine , s urgery or midwifery, or
(b) to perform the duties of a Military 1\ssistant Surgeon. Hospital
Asl>istaot or Sub-As sistant Surgeon.