LexThe Chhattisgarh Chikitsa mandal Adhiniyam, 2001
Chhattisgarh · state statute
Open in Lexace · Ask the AI about this actCHHA ITISGARH BILL
( o. 7 of 2001 )
?Jt200 1
UIIA TTISGARH CHIKIT5 • MANDAL ADHINIY AM, 2001
. .
provide for the establishment of a Cbikitsa Mand.al in the State to regulate
ti' In Modern Medicine and Surgery Education, and the practice by Practitioner in
0l11e and Surgery Practitioners.
tod by the Chhattisgarh Vidhan Sabha is th~ Fifty Fourth year of the republic of India
CHAPTER-I
PRELIMINARY
Act may be called the Chhattisgarh Chikitsa Manda! Adhiniyam, 200 I.
) It extends to the whole of Chhattisgarh.
(3) It hall come into force oo such date as the date as the State Government may, by notifi-
cation appoint, and different dates may be appointed for different areas.
ln this Act, unle s the context otherwise requires,
(1,)"Mandal" means the Chhattisgach Chikitsa Mandal under section 3,
(b)"State Register " means a register maintained under this Act and expres ion "Registered"
and "Registration" shall be construed accordingly.
(c "Medicin.e" means modem medicine in all its branches and includes surgery and obstetrics,
but doe not.include veterinary medicine and surgery.
(d)"Recongnized qualification" means any of the qualifications specified in the schedule,
(e) "Registered Practitioner" means any person enrolled on the State Register under the pr_ovi
sions of this Act,
(f) ''Regulation" means a regulation made under section 32.
(g)"Practitioner in Modem Medicine and Surgery .. means a person who has been granted the
certificate of Pra.ctitioner in Modern Medicine and Surgery, and who practices medicine.
CHAPTER-II
TABLISIIM.ENT AND CONSTITUTION OF THE CHBATifSGARB CBIKITSA
I • MANDAL
(I) The State Government shall, as soon as may be establish by notification, the Chhattisgarh
Chikitsa Manda] from such date as may be specified therein.
(2) The Mandal shall be a body corporate by the name of the Chhattisgarh Chikitsa Mandal ,
and shall have perpetual succession and a common seal with power to acquire and hold,
property both moveable and immoveable and subject to the provisions of this Act, to
transfer any property held by it, and to contract, and do all other things necessary for the
purposes of its continuation, and may sue and be sued in its corporate name.
Th MandaJ shall consist of the following members, namely :-
) Five members elected from amongst them selves · by persons enrolled on the State
ai ter. ·
that in case of the constitution of the Manda! for the first time after the
c mmencements of this Act the members under this category shall be nominated by
lh l t Government, and such nominees may not be enrolled on the State Register.
Short title, rstcnt and
Commeoccmenl.
Definitions.
Establishment or the
Manda!.
Constitution of the
MandaL
..
198 (16) 1
(ii) Five members to be nominated by the State Government as follows:-
(a) One representative on the Indian Medical Association Chhatti sgarh State
Branch out of a Panel.,of five persons to be proposed by the State Bran ch of
the said association. ··
(b) One member from amongst the members of the Medical Fnculties of the
Universities in the Slate.
(c) Two members from amongst the members ofChhattisgarh Government
Health Service holding Group A post out of whom one hall be a lady doctor .
(d) A Dean of one of the Medical Colleges of the State .
(iii) Director Health Services Chhattisgarh...
(iv) Director Indian Sy.stenu; of.:MC"dicine, anti Konuropathy. Chhani garh.
(2) The name of every person elected or nominated shall be published in the official Gazette ,
and members shall enter and shall for the purposes of their tenn be deemed to have ente
red upon their respective offices with effect from the date of such publication .
5. -A person shall not be qualified for being nominated or elected as a member of the Mandal ,
if:-
' '6.
7.
ft 8.
(a) He is not a citizen of India; or
(b) He is an undischarged insolvent; or
(c) He is of unsound mind and stands so declared by a competent court; or
(d) He has been sentenced for an offence involving moral turpitude; or
(e) He is an employee of the Mandal, and is remunerated by salary or honoraium; or
(t) His name has been removed from the State Register.
(I) Sa\le as otherwise provided in Ibis Act. all elected and nominated members shall hold office
for a cenn of five years from the date they enter upon their office as provided in sub
. section (2) of section 4.
Provided that the members nominated under proviso toclau e (i) of. ub- ection (I) of section
4 shall hold office till the elected members have entered their offices and the members so
elected shall continue to be in office for the un-expired tenn of nominated members under
clauses ~ii) of sul:i section (1) of section 4.
(2) Notwithstanding the expiration of the term specified under sub-section (1) the outgoing
member shall continue in office till the nomination or election, as the case may be, of his
successor.
The nominated or elected member of the Mandal may at any time resign from bis office in uch
manner as may be prescribed by the regulations.
(l) If any member other than ex-officio member of the Manda] during the period of his
office:-
(a) absents himself from three consecutive meeting oflhe Manda! without permission of the
MandaJ; or
(b) is absent out of India for a period exceeding twelve consecutive months; or
(c) becomes subject to any of the disqualifications specified in section 5; or
(d) ceases to be ,registered practitioner under any Act for the time being in force.
The Mandal shall declare his office as vacant;
Provided that no declaration shall be made under this suq-section unless a reasonable oppor
tunity of being heard is given to lhe member concerned . ,·•· ··
Dlsqu111ificu1ion ror
Membership .
Tu._ 4ff etti« .t
Na1111iaated and
Etttte4 -•IK-rs ttl
ttltMaNal.
Resignation by N1tmi
naled or Elcded
Member.
Disabllitle. for con
tinuing as Member of
the.Mandat.
rtllln• or c•u•I v11-
111. "4,
fHllldtlll bd Vice•
PH llltnt of the
MilllUI,
ll ~t; ,, 1•• I
198 ( 17)
(2) Any member aggrieved by a declaration under sub-section ( l) may prefer an appeal to the
State Government within ninety days from the date of such declaration, and the deci . ion
of the State Govamment thereon shall be final.
1' '
9. If a nominated or elected member of the Mandal dies or resigns. or for any other rea,;on
whatever ceases to be a member, the vacancy, shall be filled, as soon as may be, by nomination ,
or election, as the case may be, and the person so nominated or elected shall hold office for the
un-expired term of this predecessor .
I 0. (i) The Director Health Services, Chhattisgarh shall be ex-officio President of the f\1andal.
(ii) The Dean of Government Medical College nominated by the Government as member of
the Mandal shall be the Vice-President of the Manda!.
(iii) The President and Vice-President shall subject to the provisions of this Act , cxerci e uch
powers and perform such duties as may be prescribed by this Act, or regulations there
under.
11. Business of the Manda] shall be conducted as prescribed by Rules .
CHAPlER-ill
POWERS AND FUNCTIONS OF THE MANDAL
12. (I) Subject to the provisions of this Act and the Rules made there under, the Mandal hall
excn:isc such powers and pecfonn such functions as may be necessary for carrying out the
purposes of this Act.
(2)1n particular, and without prejudice to the generality of the foregoing provision, the power .
and functions of the Manda] shall include :- ~·
(a) to maintain the State Register of Registered Practitioners;
(b) to hear and decide appeals from the decisions of the Secretary in such manner as may
be prescribed by regulations;
(c) to prescribe by regulations a code of ethics for regulating the,professional conduct of
Registered Practitioners;
(d) to reprimand a Registered Practitioner, to suspend or remove the name from the State
;Register, or to taJce such other disciplinary action against him as may, in the opinion
of the Mandal, be necessary or expedient;
{e) to pennit any member to absent himself from the meetings of the board;
(f) to promote innovations, research and development; and to formulate sc_hemes for pro
moting Practitioner in Modem Medicine and Surgery education .
(g) to lay down norms and standards for courses, curricula, facilities for instruction, trai
ning, assessment and examinations for Practitioner in Modern Medicine and Surgery:
(h) to fix nonns and guidelines for charging tuition fees for Practitioner in Modern Medi
cine and Surgery;
(i) to advise the State Government in respect of grant of recognition to any Practitioner in
Modern Medicine and Surgery School;
G) to provide guidelines for admission of students to Practitioner in Modern Medicine and
Surgery schools;
(k) to inspect or cause to be inspected any Practitioner in Modem Medicine and Surgery ,
School; .
(I) to conduct the examinations of Practitioner in Modern Medicine and Surgery Course:
(m) to conduct the election of members unde~ clause (i) of sub-section { I) of section 4;
(n) to perform such other functions as may be prestribed by Rules.
I •
I
198(18)
Minlmwn Standerds
ot Practllloner In
Modern Medicine
and Surgery Educa
Uon.
Penaisioa ror estab
lishment of- Pnc
lltJoner In M..-Cm
ll •
-. Mant" '"
If ·•
CHAPTER-JV
PRACTITIONER IN MODERN MEDICINE AND SURGERY SCHOOLS AND
THEm RECOGNITION.
;
13. The Mandal may pre cribe lhe minimum standards of Medical Practitioner in Modern
Medicine 'and Surgery Education required for the granting of a recongnized qualili cation
by Practitioner in Modern Medicine and Surgery Schools in Chhattisgarh .
14. (1) Notwitb standing any thing contained in this Act or any other law for the time being in
force:-
(a) ao perseD l ~sh a Practif ncr in Modem Medicine and Surgery School;
ot
(b) no Pactitioncr in Modem Medicine and Surgery School shall:-
(i) ope~ a new or higher course of study or training which would enable a student of
such course or training to qualify himself for the award of any recognized qualifi
cation: or
(ii) increase its admission capacity in any course of tudy or training;
except with the previou permission of the·State Government obtained in accordance
with the provisions of this Act.
Explanation 1-Forthepurpo s ofthis tion, "person"includc anyUniver ityciratrust
but does not include the State Government
&plan.atiotl 2--For the purposes of thi section "admission capacity" in relatioo lo any
coune o{ i<Udy or lcaining in a Practitioner in Modem Medicine and
Surgery School, means lhe maximum number of tudents I.hat may be
...... ru fixed by the Mandal from time to time for being a<lmitle4 to such
course or training.
(2) (a) Every person or Practitioner in Modern Medicine and Surgery School shall for the
purposes of obtain.iag permi sion under ub section ( 1 ), submit to the State Govern
ment a scheme in accordance wi~ the provisions of clause (b), and the State
Government shall refer the scheme to the Mandal for its recommendations.
(b) 1be scheme referred to in clause (a) shall be in such form and contain uch particulars
and be prcfecred in such ma,111er and be accompanied with such fee as may be
prescribed.
(3) On receipt of the scheme by the Mandal the Manda) may obtain such other patticular s
as may be considered necessary by it from the person or the Practitioner in Modem
Medicine and Surgery School concerned, and thereafter it may.
(a) if the scheme is d~fective and does not contain any necessary particulars give a
reasonable opportunity to the person or Practitioner in Modem Medicine and Surgery
School concerned for making a written representation and it shall be open 10 such
person or Practitioner in Modem Medicine and Surgery School to rectify che defects
if any, specified by the Mandal.
(b) consider the scheme, having regard to the factors referred to in sub- eccion (5), and
submit the scheme together with · its recommendations thereon to the State
Government. ·
"·
(4) The State Government may after considering the scheme and the recommendations of the
Mandal under sub-section (3) and after obtaining, where necessary such other parti culars
as may be considered necessary by ltfrom the person or Practitioner in Modem Medicine
and Surgery School concerned and having regard to the factors mentioned in sub- section
(5), either approve (with such conditions if any as may be considered necessary ) (?r dis
approve the scheme, and any such approval shall be a permission under sub-section (1).
(5) The Mandal while making its recommendations- under clause (b) of sub section (3) and the
State Government while passing an order , either approving or disapproving the scheme
under sub-section (4), shall have due regard to the following factors, namely :-
(a) Whether the proposed Practitioner in Modern Medicine and Surgery School , or the
existing Practitioner in Modem Medicine and Surgery School, seeking to open a new
or higher course of study or training , would be in a position to offer the minimum stan
dards of Practitioner in Modem Medicine and Surgery education as prescribed by the
Mandal.
(b) Whether the person seeking to establish a Practitioner in Modem Medicine and Surgery
School or the existing Practitioner in Modern Medicine and Surgery School seeking
to open a new or higher course of study or training or to increase its admission capa
city has adequate financial resources.
(c) Whether necessary facilities in respect of staff, equipment, accommodation , training
and other facilities to ensure proper functioning of Practitioner in modern Medicine
and . Surgery School or conducting of the new course of study or training or
accommodating the increased admission capacity, have been provided or would be
provided within the time !imit specified in the scheme.
(d) ~ adoquatc hospit.al facilities baving -regacd to the number of students likely to
~ such Practitioncc in Modem Medicine and Surgery School or course of study
orJnilling oc as a result of iocrcascd admission capacity has been provided or would
.be'P,Nvided within the time limi~ specified in the scheme.
( Whether any arrangement has been made or program.me drawn to impart proper training
,to,atudonts likely to attend such Practitioner in Modem Medicine and Surgery School
o~,oourse of study or training, by persons as prescribed by the Mandal.
(t) ~le requirement of manpower in.the field of practice of Practitioner in Modem Medi
,clnc and Surgery. . ·
(g),any other factors as may be prescribed.
\ ', .. ,,
(6) Where the State Government passed an order either approving or disapproving a scheme
under this section, a cdpy of the order shall be communicated to the person or Practitioner
in Modem Medicine and S.urgery School concerned.
15. (l) Where any Practitioner in Modem Medicine and Surgery School is established except with
the -~rev~ous permission of the State Government in accorda.1]ce with the provisions of
sectio li"I 4 no qualification granted to any student of Sl!Ch a Practitioner in Modern Medi
cine and Surgery School shall be a recognized qualification for the purposes of this Act.
(2) Where any Practitioner in Modern Medicine and Surgery School opens a new or higher
course of study or training except with the privious permission of the State Governm ent
in accordance with the provisions of section 14 no qualification granted to any student of
such Practitioner in Modem MCQ.icine and Surgery, on the basis of such study or training
shall be a:recognized qualification for the purposes of this Act.
(3) Where any Practitioner in Modem Medicine and Surgery School increases its admission
capacity in any course of study or training except with the previous permission of the State
Government in accordance with the provisions of section 14 no qualification granted to
any student of such Practitioner in Modern Medicine and Surgery School on the basis of
198 (19)
on recognition or
quallfl.caion in certain
case .
II
that
• I. .... uv
198 (20)
PoWfl'S to ff1Uil'e in•
fonnatloa.
~ PNCtl·
•-t. wua
Me6:muaH•PT
Schoeu.
Widldra~al of~•
nition.
u .•
, ,
0·tih-1•1~ m, ~ 1s 1-1'{ 2001
the increase in its admission capacity shall be recognized qualification for the purposes of
this Act. ...
Explanation-For the purpose of this section , the criteria for identifying a student who has
been granted a qualification on the basis of such increase in the admission
capacity hall be such as may be prescribed .
16. Every person or Practitioner in Modem Medicine and Surgery School which grants a recogni
zed qualification hall furnish such information to the Manda} as Mandal may from time to
time require
l7. The Mandal mall cause all tho Practi.tiooec in Modem Medici..e and Surgery Sch Is co be
inspected n deemed necessary.
18. (1) When upon report of inspections or otherwise it appears to the Manda! :- J
(a) that the courses of study and exminations undergone in any Practitioner in Modem
Medicine and Surgery School,
(b) that the staff, equipment. accommodation , training , and other facilities for in truction
and training provided in such Practitioner in Mod~rn Medicine and Surgery
School.
do not confirm to the standards prescribed by the Manda!. the Mandal may make a represen
tation to that effect to the State OovemmenL
2) An« coasi,dcring suchrq,rcseotation the State Government may send uch representation
lO the Practit.ion« ia Modena Mediciae and Surgery School. with an intimation of the
pcood wtdlia wbichlhe ~ · Modern Medicine and Surgery School may sub
mit its eq,lanaboe to the State Oovemmetlt.
'
(3) On receipt of the explanation, or where no uch explanation is received withln the period
fixed, the State-Government after making such further inquiry as it may th.ink fit, may by .
notification in the official gazette, direct that an entry be made in the schedule against the
said qualification declaring that tbe said qualifi .;ation if granted to the students of a spe
cified Practitioner in Modern Medicine and Surgery School shall be a recognized quali- .
fication only when granted before a specified date or as the case may be the said qualifi- -,
catioo shall be a recognized qualification in relation to a specified Practitioner in Modem
, Medic" ud Surgery School only whco granted aft« a pecified date .
CHAPTER-V
SECRETARY AND OTHER OFF1CERS AND SERVANT
19. (I) The Mandal shall with the prior approval of the State Government appoint a Secretary .
(2) The Manda! may, employ such other officers, and ervants as it may deem necessary for
carrying oat the provisions of thi ct
(3) The qualifications, conditions of service and pay scales of the Secretary and other officers
and ervants of the Manda! shail be such as the Mandal may determine by regulations.
( 4) The Secretary or any other officer or servant appointed by the Manda! under this section
hall be deemed to be a public ervant within the meaning of section 21 of the Indian Penal
Code, 1860 (No. 45 of 1860).
..
(1) It shall be the duty of the Secretary to keep the State Register in accordance with the pro
visions of this Act, and any order mad~y the Mandal, and to revise it from f •: ! to time
in such manner as may be prescribed by regulations, to publish in the officials gazette and
to discharge such other functions as are or may be required to be discharged by him under
this Act and the Rules, and Regulations made there under.
(2) The Secretary shall see that the State Register is as far as possible correct at all times and
may from time to time enter therein any material alteration in the address or qualifications
of Registered Practitioners .
(3) The Secretary may remove from the State Register the name of Registered Practitioner
who dies, or whose name is directed to be removed from the State Register, or who ceases
to be a Practitioner in Modem Medicine and Surgery Practitioner .
......
(4) On re~ipt of intimation from the Practitioner if the Manda! is satisfied that the Practi-
tioner bas not ceased to practice then the Manda! may direct the Secretary to restore the
name of such practitioner in th'! State Register and the Secretary shall comply with such
direction.
CHAP'IER-VI
FUND OF THE MANDAL
21. (1) The Mandal shall establish a fund to be called the fund of the Mandal.
(ti) The following shall focm part of, or be paid into the fund of the Mandal :
(a) any qootributi~o or grant by the Central or State Government,
•, (b) iDGOmC of the Mandal from all sources including income from fees and fine,
(c) trust, donation , endowment, and other grants, if any,
(d) all other sums !'eceived by the Manda!.
22. The fimd oi'the Manditl may be utilizedior the following purposes, namely;
(a) the re~ayment of debts incurred by the Mandal for the purposes of this Act and the Rules,
and Regulations made there under,
(b) the ex.penses of any suit or legal proceeding to which Manda! is a party,
( c) the payment of salaries and allowances to the officers and servants of the Mandal,
)(1 · (d) the payment of allowances to the office bearers of the Mandal,
(e) the payment of any expenses incurred by the Manda! in carrying out the provisions of this
Act and the Rules, and Regulations made thereunder,
(f) any other expenses incurred for the promotion and development of Medical Practitioner
in Modern Medicine and Surgery education, research, and training ; declared by the Mand al
to be in general interest of the Medical Practitioner in Modem Medicine and Surgery pro
fession .
23. (i) The accounts of the Manda! shall be prepared before such date and at such intervals , and
in such manner as may be prescribed .
(2) The accounts of the Board shall be audited by a Chartered Accountant. The audit fees of
the Chartered Accountant shall be fixed by the Mandal from time to time as per their
regul ations .
(3) As soon as the accounts of the Mandal are audited , the Mandal shall send a .copy thereof
together with a report of the Director Health Services thereon, to the State Governmen t
in such manner as may be prescribed .
198 (21 )
Fund ol the Mandal.
Purposes for which the
Fund of the Mandal
may be utilized.
Accounts and Audit.
198 (22)
Budge_t.
,._..,dleMaadal
.. ,......wentr,-.
er to order rem-al
from., State llqkter,
aaaeol•!P' .
AlttratioooltheState
. Re~i.der.
0'ffi~•i<; u;;rcr,r, ~ 18 ~ 2001
24. (1) The Secretary shall cause to be prepared, in such form as may be prescribed , a budget in
re pect of the financial year next ensuing showing the estimated receipts and expenditure
and shaUca~ it to be laid before the Mandal at such time and in such manner as may be
prescribed.
(2) Within 15 days from the meeting in which the budget is passed, it shall be forward ed to
the State Govenunenc.
(3) If the State Government is of the opinion that the provisions of the budget so forwarded
ei> it ~~•aatc: {IJf canyiag ~ of th»-Aot.; ·r shall rctt1rn the eudget to
"l:hdMiandmior · as ay k ested by tlMt ~ Qevenunent.
(4) The Mandal shall be~ to ~opriatc such aptOUnts as may be necessary from
one head "to another and within such heads. -
(5) The Manda! shall as and when required , pass a supplementary budget in such fonn and by
such date as may be prescribed and the provisions of sub•section (2), (3), and (4) sq_all
apply to such supplementary bud et
CHAPIER-VII
REGISTRATION AND STATE REGISTER
25. ( l) ~ MMdal lhall cause k> be maint.ataed in tfle.prescribed manner a register of Practitioner
. ia Modem Medicioc ud Surgery Practiliooers k> be known as the Stare Registec, who
possess any of die recognized qualificalions.
_..be~ ""'1 of the Secretary, to keep dlO Stare Register' in~ with die pro
wiaoos of this Al:;t. Md of •Y oroea maclc by the Mandal and from time to time revise
the register and publish it in the official gazette, in such manner as may be prescribed.
(3) 'The State 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 publi bed in the official gazette.
( 4) Every person possessing a recognized qualification shall be eligible for enrollment on the
State Register on furnishing to the Secretary the proof of such qualification and on pay
ment of such fees as may be prescribed..
26. The Maadal y upoe raemace from~ orodawwe by order, prohibit the entry in,
O£ ocder the removal from the State Register the name of any person :-
(a ~ has beeo sentenced by a. criminal court to imprisonment for an offence indicating in
the opinion of the Mandal such a defect in character as would render tbe enrollment or con
tinua,n_ce of bis name in the State Register undesirable; or
(b) Whom the Manda! after reasonable idquiry has found guilty of infamous conduct in any
professional respect by a majority of two thirds of the members present and voting at the
meeting.
Provided that no order shall be passed imder this section without giving a reasonable opprotu
nity of being heard to the person concerned.
27. {l) TiieMandal may after g-iving the person concerned a reasonable opportunity of being heard
and inquiring into his objections ·, if any, order that-any entry in the State Regi ter which
in the opinion of the Mandal has been incorrectly of fraudulently been made or brought
about , be cancelled or amended.
,l
ifffifl•I~ m, ~ 18 °tll 2001
·~
(2) The Manda] may direct removal for ever, or for a specified period from the State Register
the name of any Registered Practitioner for the same reason for which registration may be
prohibited by the Manda! under secti~n 26.
28. For the purposes of any inquiry under the provisions of this Act ; the Mandal or any committee
· appointed by the Manda) shall be deemed to be a court within the meaning of the Indian Evj
dence Act, 1872 (No. 1 of 1872),-and the Code of Civil Procedure 1908 (No. 5 of 1908) and
shall exercise all powers of a commissioner appointed under the public servants (inquiries)
Act, 1850 (No. 3 7 of 1850) and such inquiries shall be conducted, as far as may be in accordance
with the provisions of section 5 and section 8 to 20 of public servants (inquiries) Act, 1850
(No . 37 of 1850) .
29. Any person :-
( l) Whose application for enrollment in the State Register has been rejected ; or
(2) Whose entry in the State Register bas been prohibited under section 26; or
(3) Whose name has been removed from the State Register ;
May within ninety days of the order rejecting, prohibiting , or removal, as the case may be,
appeal to the State Government and the decision of-the State Government thereon shall be final.
30. (1) No person whose name is not enrolled on the State Register shall practice or bold himself .
out, whethec directly or indirectly as practicing habitually for personal gain as a Practiti
oner in Modem Medicine and Surgery within the State.
(2) Any pee50A-who COttttaveoces the provisions of sub-section (l) shall be punished with
imprisonment which may extend to 6 months or fine up to five thousand rupees or with
both . ..
CHAPIER-VIll
RULES AND REGULATIONS
31. (1) ~e State Government may make Rules to carry .out the purposes of this Act.
I, '
(2) All Rules made under this Act shaU be laid on the table of the Vidhan Sabha.
(1) 1be Mandal may with the previous sanction oftbe State Govemmet and subject to Rules
made Wider section 31 make Regulations, generally to carry out the purposes or' this Act,
and without prejudice to the generality of the foregoing power, such Regulation may pro
vide for:-
(a) 111.e management of the property of the Manda] and the maintenance and audit of its . ' . account;
(b) The manner of election of five members from Registerd ~actitioners under clause (i)
of sub-section (1) of section 4.
( c) The powers and duties of the President, and Vice-President;
(d) The mode of appointment o( committees, the summoning and holding of meetings and
the conduct of business of such committees;
( e) The tra elling and other allowances payable to the members of the Mandal;
(f)' Toe manner of hearing and deciding appeaJs against the decision of the Secretary ;
(g) The Code of ethics for regulating the professional conduct of Registered Practitioners;
(h) The qualifications, the conditions of service, and pay of the Secretary , and: other officers ,
and servants of the Mandal;
(i) The 'fonn of ffie State Register;
(j) The manner of th~ revision of the State Register.
198 (23 )
Procedun in inquir•
les.
Appeal against order
of the Mand.al.
Prohibitiou of prac•
tlee except as pro-
rill.olll ill this Act.
Power to make Rules.
~ower to make Regu
latioos,
..
198 (24)
Peualty for cllsh-c;
ol Certllka~
"
ihfl{i•i~ ~. ~ 18 l:f( 2001
(k) Manner of admissions to Practitioner in Modern Medicine and Surgery Schools in the
State;
(1) Manner in wlfich examination will be conducted in the Practitioner in Modern Medicine
and Surgery course.
(m) Any other matter for which under thi Act provision may be made by Regulations.
(2) 'The State Government, on receiving Regulations for sanction may anction them, subject
to such modificatiQns as it may think fit ot return them to the Manda! for reconsideration.
(4) Tbc
33. Any person who :-
CHAPTER-IX
.MISCELLANEOUS
(a) dishonestly makes use of eny certificate of Regi tration granted under this Act; or
(b) pEocures er attempts to procure registration under the provisions o'f this Act by making,
o.r ptoducing or causing to be made or produced any false or fraudulent declaraeion,
,ccrtifiear.e ofrcpN: entation whether in writing or otherwise; or
(~) Willfu.lly,m,kes orcauses to be made any false representation in y matter relating to the
certificac of regKhtioa issued llllder provisions o 1f\is Act;
lhall oa ooaviction. bt pui.- shablc with imprisonment which ay cx.tmd to OftC year or
with fillc · · aay-eucat lo oae, 1bousaDd tupCCS or widl boda.
34. (1) N0 court &ball take cognizance of an offence punishable under this Act, except upon a J •t, - .t=: -
comp1aint ia writing made by the eeretary or any other officer authorized by the Mand I
~,wtr, to .tlWH41
'"Sch~ -
II
in this behalf by general ot special order.
(2) o court iilferiM t0 that of a Magistrate of the first class shall tcy any (tffence punishable
under this Act.
35. ThcM:andahballfw:llishsuch~copiesofi<sminute5, tsofi accou ts.andother
informalioll eo Che Sul,e Govcrmnent as the State Go~ may require.
36. The State Government may by notification amend the Schedule.
I
g7. If at any time it appears ro the State Government that the Mand al has failed to exercjse, o.r has
exceeded or, abused any powers conferred upon it by or under this Act, or has failed to perform
any of the duties imposed upon it by or under this Act, the State Ooverntnent may, if it con i
ders such failure, excess or abuse, to be of a serious character. notify the particulars thereof to
dle Manda?, requiring-it ro remedy such failure, excess or abuse ithin the-period specified in
the notice, and if the Mandal fail to remedy such failure, exces or abuse within the period
specified in the notice-, the Stace Government may di o1ve the M.andal and cause all m; any of
the pow~l'S and duties of the Mandal to be exercised by such person and for such period not
exceeding two years as it may think fit, and shall take steps to bring into existence a new.
I
Man~.
, ,
SCHEDULE
[ See under Section ,2 (d)]
Practitioner in Mod;tn Medicine and Surgery
,.
STATEMENT OF OBJECTIVES AND REASONS
1. There ii a areal need of providing medical faciliti°es in the remote areas of Chhattisgarh . There
is a gre t paucity of qualified doctors in the state. As a result of this people in remote areas are
not able to aet proper medical care. As a result of this-many unqualified persons have started
practiolng medicine in remote areas. Doctors with MB BS degree do not want to work in remote
areas. For this reason ther~ is a great need to start a course in Medicine and Surgery, which
can provide doctors for rural areas. Tbis can be done only by starting a three years course in
Medicine and Surgery . It was therefore considered necessary to constitute a Chikitsa Mandal ..
to regulate the education, and practice of Practitioner in Modern Medicine and Surgery, and}_;
this bill is brought for this purpose .
2. Hence this bill.
Raipur :
Dated: Member-in-Charge.
198 (25)
(1)
(2)
(3)
State of Chattisgarh - Act
The Chhattisgarh Chikitsa Mandal Adhiniyam, 2001
CHHATTISGARH
India
The Chhattisgarh Chikitsa Mandal Adhiniyam, 2001
Act 7 of 2001
Published on 11 August 2007
Commenced on 11 August 2007
[This is the version of this document from 11 August 2007.]
[Note: The original publication document is not available and this content could not be verified.]
The Chhattisgarh Chikitsa Mandal Adhiniyam, 2001
(Chhattisgarh Act No. 7 of 2001)
Last Updated 2nd November, 2019
Statement of Objectives and Reasons. - There is a great need of providing medical facilities in the remote areas of Chhattisgarh.
There is a great paucity of qualified doctors in the State. As a result of this people in remote areas are not able to get proper medial
care. As a result of this many unqualified persons have started practicing medicine in remote areas. Doctors with MBBS degree do
not want to work in remote areas. For this reason there is a great need to start a course in Medicine and Surgery, which can
provide doctors for rural areas. This can be done only by starting a three years course in Medicine and Surgery. It was therefore
considered necessary to constitute a Chikitsa Mandal to regulate the education, and practice of Practitioner in Modern
Medicine and Surgery, and this bill is brought for this purpose.
2. Hence this bill.
Published in Chhattisgarh Rajpatra (Asadharan), dated 18-5-2001 pp. 198(13-24).
An Act to provide for the establishment of a Chikitsa Mandal in the State to regulate [Practitioner in Modern and Holistic
Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] Education, and the
practice by [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of
2007, dated 11.8.2007.] Practitioners.
Be it enacted by Chhattisgarh Vidhan Sabha is the Fifty-second Year of the Republic of India as follows :-
Chapter 1
Preliminary
1. Short title, extent and commencement.
This Act may be called The Chhattisgarh Chikitsa Mandal Adhiniyam, 2001.
It extends to the whole of Chhattisgarh.
It shall come into force on such date as the State Government may, by notification appoint, and different
dates may be appointed for different areas.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(1)
(2)
(1)
(i)
(ii)
(a)
(b)
(c)
(d)
(iii)
(iv)
(2)
(a)
- In this Act, unless the context otherwise requires,
"Mandal" means the Chhattisgarh Chikitsa Mandal under Section 3,
"State Register" means a register maintained under this Act and expression "Registered" and "Registration"
shall be construed accordingly.
[ "Medicine" means, Modern and Holistic Medicine and all its branches.] [Substituted by C.G. Act No. 9 of
2007, dated 11.8.2007.]
"Recognised qualification" means any of the qualifications specified in the schedule.
"Registered Practitioner" means any person enrolled on the State Register under the provisions of this Act.
"Regulation" means a regulation made under Section 32.
["Practitioner in Alternative Medicine"] [Substituted by Section 2 of Chhattisgarh Act No. 10 of 2001 for the words
'Practitioner in Modern Medicine and Surgery'] means a person who has been granted the certificate of
[Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act
No. 9 of 2007, dated 11.8.2007.] and who practices medicine.
Chapter II
Establishment and Constitution of The Chhattisgarh Chikitsa Mandal
3. Establishment of the Mandal.
The State Government, as soon as may establish by notification, the Chhattisgarh Chikitsa Mandal from such
date as may be specified therein.
The Mandal shall be a body corporate by the name of Chhattisgarh Chikitsa Mandal, and shall have
perpetual succession and a common seal with power to acquire and hold, property both moveable and
immovable and subject to the provisions of this Act, to transfer any property held by it, and to contract, and
do all other things necessary for the purposes of its continuation, and may sue and be sued in its corporate
name.
4. Constitution of the Mandal.
The Mandal shall consist of the following members, namely :-
Five members elected from amongst themselves by persons enrolled on the State Register :
Provided that in case of the constitution of the Mandal for the first time after the commencement of this Act,
the members under this category shall be nominated by the State Government, and such nominees may not
be enrolled on the State Register.
[Four] [Substituted by Section 6(1) of Chhattisgarh Act No. 10 of 2001 for the word 'Five'.] members to be
nominated by the State Government as follows :
[x x x] [[Sub-clause (a) omitted by Section 6(2) of Chhattisgarh Act No. 10 of 2001 old clause (a) runs
as under:
One representative on the Indian Medical Association, Chhattisgarh State Branch out of a Panel of five
persons to be proposed by the State Branch of the said association.]]
One member from amongst the members of the Medical Faculties of the Universities in the State.
Two members from amongst the members of Chhattisgarh Government Health Service holding
Group A post out of whom one shall be a lady doctor.
A Dean of one of the Medical Colleges of the State.
Director Health Services Chhattisgarh.
Director Indian Systems of Medicine and Homeopathy, Chhattisgarh.
The name of every person elected or nominated shall be published in the official Gazette, and members shall
enter and shall for the purposes of their term be deemed to have entered upon their respective offices with
effect from the date of such publication.
5. Disqualification for Membership.
- A person shall not be qualified for being nominated or elected as a member of the Mandal, if :-
He is not a citizen of India; or
2. Definitions.
(b)
(c)
(d)
(e)
(f)
(1)
(2)
(1)
(a)
(b)
(c)
(d)
(2)
(ii)
(iii)
He is an undischarged insolvent; or
He is of unsound mind and stands so declared by a competent court; or
He has been sentenced for an offence involving moral turpitude;
He is an employee of the Mandal, and is remunerated by salary or honorarium; or
His name has been removed from the State Register.
6. Term of office of Nominated and Elected members of the Mandal.
Save as otherwise provided in this Act, all elected and nominated members shall hold office for a term offive years from the date they enter upon their office as provided in sub-section (2) of Section 4 :
Provided that the members nominated under proviso to clause (i) of sub-section (1) of Section 4 shall holdoffice till the elected members have entered their offices, and the members so elected shall continue to be inoffice for the un-expired term of nominated members under clauses (ii) of sub-section (1) of Section 4.
Notwithstanding the expiration of the term specified under sub-section (1) the outgoing members shallcontinue in office till the nomination or election, as the case may be, of his successor.
7. Resignation by Nominated or Elected Member.
- The nominated or elected member of the Mandal may at any time resign from his office in such manner as may beprescribed by the regulations.
8. Disabilities for continuing as Member of the Mandal.
If any member other than ex-officio member of the Mandal during the period of his office :-
absents himself from three consecutive meetings of the Mandal without permission of the Mandal; or
is absent out of India for a period exceeding twelve consecutive months; or
becomes subject to any of the disqualifications specified in Section 5; or
ceases to be registered practitioner under any Act for the time being in force, the Mandal shall declarehis office as vacant:
Provided that no declaration shall be made under this sub-section unless a reasonable opportunity of beingheard is given to the member concerned.
Any member aggrieved by a declaration under sub-section (1) may prefer an appeal to the State Governmentwithin ninety days from the date of such declaration, and the decision of the State Government thereon shallbe final.
9. Filling of casual vacancies.
- If a nominated or elected member of the Mandal dies or resigns, or for any other reason whatever ceases to be amember, the vacancy, shall be filled, as soon as may be, by nomination, or election, as the case may be, and theperson so nominated or elected, shall hold office for the un-expired term of his predecessor.
10. President and Vice-President of the Mandal.
- (i) The Director Health Services, Chhattisgarh shall be ex-officio President of the Mandal.
The Dean of Government Medical College nominated by the Government as member of the Mandal shall bethe Vice-President of the Mandal.
The President and Vice-President shall subject to the provisions of this Act, exercise such powers andperform such duties as may be prescribed by this Act, or regulations thereunder.
11. Conduct of Business to be as per Rules.
- Business of the Mandal shall be conducted as prescribed by Rules.
Chapter IIIPowers and Functions of The Mandal
12. Powers and Functions of the Mandal.
(1)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(1)
(a)
(b)
(i)
Subject to the provisions of this Act and the Rules made thereunder the Mandal shall exercise such powers
and perform such functions as may be necessary for carrying out the purposes of this Act.
In Particular, and without prejudice to the generality of the foregoing provision, the powers and functions of
the Mandal shall include:-
to maintain the State Register of Registered Practitioners;
to hear and decide appeals from the decisions of the Secretary in such manner as may be prescribed
by regulations;
to prescribe by regulations a code of ethics for regulating the professional conduct of Registered
Practitioners;
to reprimand a Registered Practitioner, to suspend or remove the name from the State Register, or to
take such other disciplinary action against him, as may, in the opinion of the Mandal be necessary or
expedient;
to permit any member to absent himself from the meetings of the Board;
to promote innovations, research and development; and to formulate schemes for promoting
[Practitioner in Alternative Medicine] [Substituted by Section 2 of Chhattisgarh Act No. 10 of 2001 for the
words 'Practitioner in Modem Medicine and Surgery'] education;
to lay down norms and standards for courses, curricula, facilities for instruction, training, assessment
and examinations for [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in
Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.];
to fix norms and guidelines for charging tuition fees for [Practitioner in Modern and Holistic
Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.];
to advise the State Government in respect of grant of recognition to any [Practitioner in Modern and
Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated
11.8.2007.] School;
to provide guidelines for admission of students to [Practitioner in Modern and Holistic Medicine]
[Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] Schools;
to inspect or cause to be inspected any [Practitioner in Modern and Holistic Medicine] [Substituted
'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School;
to conduct the examinations of [Practitioner in Modern and Holistic Medicine] [Substituted
'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] Course;
to conduct the election of members under clause (i) of sub-section (1) of Section 4;
to perform such other functions as may be prescribed by Rules.
Chapter IV
[Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by
C.G. Act No. 9 of 2007, dated 11.8.2007.] Schools and Their Recognition
13. Minimum Standards of [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in
Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] Education.
- The Mandal may prescribe the minimum standards of Medical [Practitioner in Modern and Holistic Medicine]
[Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] Education required for the
granting of a recognised qualification by [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in
Alternative Medicine' bExcerpt shown. Open the full act in Lexace.