LexThe Gujarat Medical Council ACT, 1967.
Gujarat · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFIARS DEPARTMENT
THE GUJARAT MEDICAL COUNCIL ACT, 1967
(GUJARAT ACT NO. 10 OF 1968)
(As modified up to the 31st January, 2025.)
Printed In India By The Manager, Government Press, Bhavnagar.
Published By The Directorate Of Government Printing & Stationery,
Gandhinagar, Gujarat State
2025
GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFIARS DEPARTMENT
THE GUJARAT MEDICAL COUNCIL ACT, 1967
(GUJARAT ACT NO. 10 OF 1968)
(As modified up to the 31st January, 2025.)
2025
V-1031
Β©
GOVERNMENT PRESS, BHAVNAGAR
THE GUJARAT MEDICAL COUNCIL ACT, 1967.
CONTENTS.
PREAMBLE Page No.
Sections.
CHAPTER I
PRELIMINARY.
1. Short title, extent and commencement. 1
2. Definitions. 1
CHAPTER II
CONSTITUTION, FUNCTIONS AND POWERS OF THE COUNCIL.
3. Constitution and incorporation of the Council. 2
4. Term of office. 2
5. Casual vacancies. 3
6. Resignation. 3
7. Disqualification and disability. 3
8. Meetings of Council. 4
9. Proceedings of meetings and validity of acts. 4
10. Powers, duties and functions of the Council. 4
11. Executive Committee. 5
12. Fees and allowances to members of the Council and Executive
Committee.
5
13. Income and expenditure of the Council. 5
14. Appointment of Registrar of the Council, his duties and functions. 5
15. Other employees of the Council. 6
CHAPTER III
PREPARATION AND MAINTENANCE OF REGISTER.
16. Preparation of register. 6
17. Special procedure for registration in certain cases. 7
18. Persons who may not be registered. 8
19. Fee for and certificate of provisional registration. 8
20. Maintenance of register. 8
21. Publication of list of registered practitioners. 8
22. Removal of names from the register. 9
1968: Guj. 10]
vi 1
The Gujarat Medical Council Act, 1967. [1968: Guj. 10 1968: Guj. 10] The Gujarat Medical Council Act, 1967.
PREAMBLE Page No.
Sections.
23. Renewal of registration. 10
24. Appeals. 11
25. Rights of registered practitioners. 11
26. General provisions applicable to medical practitioners. 11
CHAPTER IV
MISCELLANEOUS.
27. Council authorised to call for information and attend examinations. 12
28. Amendment of Schedule. 12
29. Penalty for falsely claiming to be registered. 12
30. Control of State Government. 12
31. Rules. 13
CHAPTER V
REPEAL AND TRANSITIONAL PROVISIONS.
32. Repeal and saving. 13
33. Provision regarding Registrar. 14
34. Vesting of rights, duties, etc. 14
SCHEDULE 15
vi 1
The Gujarat Medical Council Act, 1967. [1968: Guj. 10 1968: Guj. 10] The Gujarat Medical Council Act, 1967.
GUJARAT ACT NO. 10 OF 1968. 1*
[The Gujarat Medical Council Act, 1967.]
[15th April, 1968.]
Amended by Guj. 7 of 1995.
An Act to consolidate and amend the law regulating the registration of
persons practising modern scientific medicine in the State of Gujarat.
It is hereby enacted in the Eighteenth Year of the Republic of India as
follows:-
CHAPTER I
PRELIMINARY.
1. (1) This Act may be called the Gujarat Medical Council Act, 1967.
(2) It extends to the whole of the State of Gujarat.
(3) This section shall come into force at once; and the remaining
provisions of this Act shall come into force on such date as the State
Government may, by notification in the Official Gazette, appoint.
2 . In this Act, unless the context otherwise requires,ο
(a) "appointed day" means the date on which the provisions of this Act
other than section 1 come into force under sub-section (3) of section 1;
(b) "Council" means the Gujarat Medical Council constituted under
section 3;
(c) "Executive Committee" means the Executive Committee of the
Council constituted under section 11;
(d) "medical practitioner" or "practitioner" means a person who is
engaged in the practice of modern scientific medicine in any of its branches
including surgery and obstetrics, but not including veterinary medicine or
surgery or the Ayurvedic, Unani or Homoeopathic system of medicine;
(e) "member" means a member of the Council;
(f) "prescribed" means prescribed by rules;
(g) "President" means the President of the Council;
(h) "register" means the register of medical practitioners prepared or
deemed to be prepared and maintained under this Act;
(i) "registered practitioner" means a medical practitioner whose name
is for the time being entered in the register, but does not include a person
whose name is provisionally entered in the register;
(j) "Registrar" means the Registrar appointed under section 33 or 14, as
the case may be;
(k) "rules" means rules made under section 31;
(l) "Schedule" means the Schedule appended to this Act;
(m) "Vice-President" means the Vice-President of the Council.
1. For Statement of Objects and Reasons, see Gujarat Government Gazette, Extraordinary, Part V,
dated the 11th July, 1967, Page No. 86 to 87.
* This Act was assented by the president on the 2nd April, 1968.
Short title,
extent and
commenceο
ment.
Definitions.
2 3
The Gujarat Medical Council Act, 1967. [1968: Guj. 10 1968: Guj. 10] The Gujarat Medical Council Act, 1967.
CHAPTER II
CONSTITUTION, FUNCTIONS AND POWERS OF THE COUNCIL.
3 . (1) With effect from such date as the State Government may, by
notification in the Official Gazette notify, there shall be constituted for the
purposes of this Act a Council to be called "the Gujarat Medical Council".
(2) The Council shall be a body corporate, having perpetual succession
and a common seal, with power to acquire, hold and dispose of property,
whether moveable or immoveable and to contract and to do all things
necessary for the purposes of this Act, and may be the name aforesaid sue
and be sued.
(3) The Council shall consist of the following members, namely:-
(a) five members to be nominated by the State Government, out of
whom not more than one may be a person who is not a practitioner;
(b) one member from each University established by law in the State
which has a medical faculty, elected by members of the medical faculty of the
University from amongst members thereof who are practitioners; and
(c) six members to be elected by registered practitioners from
amongst themselves.
(4) The President and Vice-President shall be elected by the members
from amongst themselves.
(5) The election of the members, and of the President and Vice-
President, shall be held at such time, and it such place, and in such manner,
as may be prescribed.
(6) If at any election, the electors fail to elect the requisite number of
members, or the President or the Vice-President, the State Government shall
nominate such registered practitioner or practitioners as it deems fit, to fill
up the vacancy or vacancies; and the practitioners so nominated shall be
deemed to have been duly elected under this section.
(7) Where any dispute arises regarding any election of a member or the
President or Vice-President, it shall be referred to the State Government, and
the decision of that Government shall be final.
(8) Notwithstanding anything contained in sub-section (3)-
(i) in respect of the constitution of the Council for the first time under
this Act, the members thereof shall be nominated by the State Government
from amongst persons qualified to be elected or nominated as members of
the respective class;
(ii) the members so nominated shall hold office for such period not
exceeding three years in the aggregate as the State Government may, by
notification in the Official Gazette, specify.
4. (1) The State Government shall, by notification in the Official Gazette,
publish the names of the members, whether elected or nominated.
(2) Save as otherwise provided by this Act, a member, whether elected
or nominated, shall hold office for a term of five years from the date of
publication of the notification under sub-section (1):
Provided that, where a person is elected by members of medical faculty
of a University, he shall cease to hold office as a member if he ceases to
belong to that faculty.
(3) Save as otherwise provided by this Act, the President or the Vice-
President shall hold office from the date of his election upto the day on which
his term of office as member expires.
Constitution
and
incorporation
of the
Council.
Term of
office.
2 3
The Gujarat Medical Council Act, 1967. [1968: Guj. 10 1968: Guj. 10] The Gujarat Medical Council Act, 1967.
(4) The term of office of an outgoing member shall, notwithstanding
anything contained in sub-section (2), be deemed to extend to and expire with
the day immediately preceding the day on which the names of the successor
members are published under sub-section (1).
(5) The term of office of an outgoing President or Vice-President shall,
notwithstanding anything contained in sub-section (3), be deemed to extend
to and expire with the day immediately preceding the day on which the
successor President or Vice-President, as the case may be, is elected.
(6) An outgoing member, President or Vice-President, shall be eligible for
re-election or re-nomination.
(7) Leave of absence may be granted by the Council to any member for a
period not exceeding six months.
5. (1) Any casual vacancy, previous to the expiry of the term, in the office
of the President or the Vice-President or a member elected under clause (b)
or (c) of sub-section (3) of section 3, caused by reason of death, resignation,
disqualification or disability or any other reason, shall be filled by election:
Provided that, any such vacancy in the office of an elected member
occurring within six months prior to the date on which the term of office of all
the members expires, shall not be filled.
(2) Any casual vacancy, previous to the expiry of the term, in the office
of a member nominated under clause (a) of sub-section (3) or sub-section
(8) of section 3 shall be reported forthwith by the Registrar to the State
Government, and shall as soon as possible thereafter be filled by the State
Government by nomination.
(3) Any person elected under sub-section (1) or nominated under sub-
section (2) to fill a casual vacancy shall, notwithstanding anything contained
in sub-section (8) of section 3 or section 4, hold office only so long as the
person in whose place he is elected or nominated would have held office, if
the vacancy had not occurred.
6. (1) The President or the Vice-President may at any time resign his office
by a notice in writing addressed to the Council and delivered to the Registrar.
The resignation shall take effect from the date on which it is accepted by
the Council or on the expiry of sixty days from the date of the delivery of the
notice, whichever event occurs earlier.
(2) An elected member may at any time resign his office by a notice in
writing addressed to the President. A nominated member may at any time
resign his office by a notice in writing addressed to the State Government.
Every such resignation shall take effect from the date on which it is accepted
by the President or, as the case may be, the State Government or on the
expiry of sixty days from the date of the receipt of the notice. whichever event
occurs earlier.
7. (1) A person shall be disqualified for being elected or nominated as, for
continuing as, a member,-
(a) if he is an undischarged insolvent;
(b) if he is of unsound mind and stands so declared by a competent
court;
(c) if his name has been removed from the register and has not been
re-entered therein; or
(d) if he is a whole-time officer or servant of the Council.
(2) If any member absents himself from three consecutive meetings
of the Council, without leave of the Council granted under sub-section (7) of
Casual
vacancies.
Resignation.
Disqualification
and disability.
4 5
The Gujarat Medical Council Act, 1967. [1968: Guj. 10 1968: Guj. 10] The Gujarat Medical Council Act, 1967.
section 4 or without such reasons as may, in the opinion of the Council, be
sufficient, the Council may declare his seat vacant and take steps to fill the
vacancy.
(3) If any member becomes or is found to be subject to any of the
disqualifications mentioned in sub-section (1), the Council shall submit a
report to the State Government, and the State Government, if satisfied about
the disqualification, shall declare his seat vacant.
8. (1) The meetings of the Council shall be convened, held and conducted
in such manner as may be prescribed.
(2) The President, when present, shall preside at every meeting of the
Council. If at any meeting the President is absent, the Vice-President, and in
the absence of both, some other member elected by the members present
from amongst themselves, shall preside at such meeting.
(3) All questions at a meeting of the Council shall he decided by majority
of votes.
(4) The presiding authority at a meeting shall have and exercise a
second or casting vote, in case of an equality of votes.
(5) Six members including the President and the Vice-President shall
form a quorum. When a quorum is required but not present, the presiding
authority shall, after waiting for not less than twenty minutes for such quorum,
adjourn the meeting to such hour on some future day as it may notify on the
notice board at the office of the Council; and the business which would have
been brought before the original meeting had there been a quorum thereat,
shall be brought before the adjourned meeting, and may be disposed of at
such meeting or any subsequent adjournment thereof, whether there be a
quorum present, or not.
9. (1) The proceedings of the discussion of every meeting of the Council,
shall be treated as confidential; and no person shall, without the previous
resolution of the Council, disclose any portion thereof:
Provided that, nothing in this section shall be deemed to prohibit any
person from disclosing or publishing the text or any resolution adopted by
the Council, unless the Council directs such resolution also to be treated as
confidential.
(2) No disqualification of or defect in the election or nomination of any
person as a member, or as the President, or as the Vice-resident, or as a
presiding authority of a meeting, shall of itself be deemed to vitiate any act or
proceedings of the Council in which such person has taken part, whenever
the majority of persons who are parties to such act or proceedings, were
entitled to vote.
(3) During any vacancy in the Council, the continuing members may
act, as if no vacancy had occurred:
Provided that, the number of vacancies shall at any time not exceed five.
10. Subject to such conditions as may be prescribed by or under the
provisions of this Act, the powers, duties and functions of the Council shall be-
(a) to maintain the register, and to provide for the registration of medical
practitioners;
(b) to hear and decide appeals from any decision of the Registrar;
(c) to prescribe a code of ethics for regulating the professional conduct
of practitioners;
(d) to reprimand a practitioner, or to suspend or remove him from the
register, or to take such other disciplinary action against him as may, in the
opinion of the Council, be necessary or expedient;
Meetings of
Council.
Proceedings
of meetings
and validity
of acts.
Powers,
duties and
functions of
the Council.
4 5
The Gujarat Medical Council Act, 1967. [1968: Guj. 10 1968: Guj. 10] The Gujarat Medical Council Act, 1967.
(e) to exercise such other powers, perform such other duties and
discharge such other functions, as are laid down in this Act, or as may be
prescribed.
11. (1) The Council shall, as soon as may be, constitute an Executive
Committee consisting of the President as ex-officio member and such number
of other members, elected by the Council from amongst its members, as may
be prescribed.
(2) The term of office of, and the manner of filling casual vacancies
among, and the procedure to be followed by, the members of the Executive
Committee shall be such as may be prescribed.
(3) In addition to the powers, duties and functions conferred, imposed
and entrusted by this Act, the Executive Committee shall exercise such
powers, perform such duties, and discharge such functions, of the Council
as may be delegated to it by rules or entrusted to it, from time to time, by the
Council.
(4) The President shall be the ex-officio Chairman of the Executive
Committee.
12. There shall be paid to the President, the Vice-President and other
members of the Council, and to the members of its Executive Committee,
such fees and allowances for attendance at meetings, and such reasonable
travelling allowance, as shall from time to time be prescribed.
13. (1) The income of the Council shall consist ofο
(a) fees received from the practitioners,
(b) grants received from the State Government, if any, and
(c) any other sums received by the Council.
(2) It shall be competent for the Council to incur expenditure for the
following purposes, namely:ο
(a) salaries and allowances of the Registrar and the staff maintained
by the Council;
(b) fees and allowances paid to the members of the Council and the
Executive Committee;
(c) remuneration paid to the assessors; and
(d) such other expenses as are necessary for performing the duties
and discharging the functions under this Act.
14. (1) The Council shall, with the previous sanction of the State
Government, appoint a Registrar.
(2) The Executive Committee may from time to time grant leave to the
Registrar:
Provided that, if the period of leave does not exceed one month, the
leave may be granted by the President.
(3) During any temporary vacancy in the office of the Registrar due to
leave or any other reason, the Executive Committee may, with the previous
sanction of the State Government, appoint another person to act in his place,
and any person so appointed shall, for the period of such appointment, be
deemed to be the Registrar for the purposes of this Act:
Provided that, when the period of such vacancy does not exceed one
month, the appointment may be made by the President, who shall forthwith report
such appointment to the Executive Committee, and the State Government.
Executive
Committee.
Fees and
allowances to
members of
the Council
and Executive
Committee.
Income and
expenditure of
the Council.
Appointment
of Registrar
of the
Council, his
duties and
functions.
6 7
The Gujarat Medical Council Act, 1967. [1968: Guj. 10 1968: Guj. 10] The Gujarat Medical Council Act, 1967.
(4) The Council may, with the previous sanction of the State Government,
suspend, dismiss or remove any person appointed as the Registrar, or impose
any other penalty upon him.
(5) Save as otherwise provided by this Act, the salary and allowances
and other conditions of service of the Registrar shall be such as may be
prescribed.
(6) The Registrar shall be the Secretary and the Executive Officer of
the Council. He shall attend all meetings of the Council, and of its Executive
Committee, and shall keep minutes of the names of members present and of
the proceedings at such meetings.
(7) The accounts of the Council shall be kept by the Registrar, in the
prescribed manner.
(8) The Registrar shall have such supervisory powers over the staff as
may be prescribed, and may perform such other duties and discharge such
other functions as may be specified in this Act, or as may be prescribed.
(9) The Registrar shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code.
15. (1) The Council may appoint such officers and servants, other than the
Registrar, as it may deem necessary for performing its duties and discharging
its functions under this Act:
Provided that, the number and designations of such officers and servants
and their salaries and allowances shall be determined by the Council, with the
previous sanction of the State Government.
(2) Notwithstanding anything contained in sub-section (1), but, subject
to such financial limit as may be laid down in this behalf by the Council, it
shall be competent for the Executive Committee to create temporary posts of
clerks or servants and to make appointments thereto, to meet any temporary
increase in work, or to carry out any work of a seasonal character.
(3) The other conditions of service of the officers and servants of the
Council shall be such as may be prescribed.
(4) The officers and servants of the Council appointed under this section
shall be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code.
CHAPTER III
PREPARATION AND MAINTENANCE OF REGISTER.
16. (1) As soon as may be after the appointed day, the Registrar shall
prepare and maintain thereafter a register of medical practitioners for the
State, in accordance with the provisions of this Act.
(2) The register shall he in such form, and may be divided into such
parts, as may be prescribed. The register shall include the full name, address,
and qualifications of the registered practitioner, the date on which each
qualification was obtained, and such other particulars as may be prescribed.
(3) Any person who possesses any of the qualifications specified in the
Schedule to this Act or in the First, Second or Third Schedule to the Indian
Medical Council Act, 1956, shall, subject to any conditions laid down by or
under the Indian Medical Council Act, 1956, at any time on an application made
in the prescribed form to the Registrar and on payment of 1[the prescribed fee]
and on presentation of his degree, diploma, licence or certificate, be entitled
to have his name entered in the register:
1. These words were substituted for the words "a fee of fifty rupees" by Guj. 7 of 1995, s.2.
XLV of 1860.
Other
employees
of the
Council.
XLV of 1860.
Preparation
of register.
CII of 1956.
6 7
The Gujarat Medical Council Act, 1967. [1968: Guj. 10 1968: Guj. 10] The Gujarat Medical Council Act, 1967.
Provided that the name of an applicant who is unable to present his degree,
diploma, licence or certificate may be entered in the register, if he satisfies
the President that he holds such degree, diploma, licence or certificate but
cannot for sufficient cause present the same with his application.
(4) The name of every person-
(a) who, being entered, on or after the 1 st May 1961 in the register
duly kept under section 6 of the Bombay Medical Act, 1912 as in force in
the Bombay area of the St ate (hereinafter referred to as "the Bombay
Area Register") stands entered in the said register on the day immediately
preceding the appointed day, or
(b) who stands entered in the register duly kept under section 6 of
the Bombay Medical Act, 1912 as adapted and applied to the Sa urashtra
area of the State, on the day immediately preceding the appointed day,
shall be entered in the register prepared under this Act, without such person
being required to make an application or to pay any fee for this purpose.
(5) (a) Every person, whose name was entered on a date prior to the
1st May 1961 in the Bombay Area Register and continued in such register on
the day immediately preceding the appointed day, shall be entitled to have
his name continued in the register prepared under this Act in accordance with
provisions of clause (b).
(b) Within a period of three months from the appointed day or such
further period as the State Government may allow, the Registrar shall publish
a general notice in the Official Gazette and in such newspapers, as the Council
may select, in such form as may be prescribed, calling upon every person to
whom clause (a) applies, to pay to the Registrar in the prescribed manner
a fee of five rupees if he desires to continue his name on the register under
this Act, and shall also send individual notice for a like purpose by registered
post to every such person at his last known address in such form as may be
prescribed. The name of every such person who pays such fee before the
expiry of the period of two months from the date of publication of the general
notice in the Official Gazette shall be continued on the register, without such
person being required to make an application or to pay any other fee for this
purpose. If such fee is not paid within time, the Registrar shall remove the
name of the defaulter from the register:
Provided that, if any application for continuance of the name so removed
is made to the Registrar within a period of six months from the last date on
which such fee should have been paid, the name so removed may be re-
entered in the register on payment of a fee of ten rupees.
(6) After the last date for payment of the fee of five rupees under clause
(b) of sub-section (5) has expired and the register prepared in accordance
with the foregoing provisions is ready, the Registrar shall publish a notice in
the Official Gazette and such newspapers as the Council may select, about
the register having been prepared, and the register shall come into force from
the date of the publication of such notice in the Official Gazette.
(7) Every registered practitioner shall be given a certificate of registration
in the prescribed form. The registered practitioner shall display the certificate
of registration in a conspicuous part in the place of his practice and if he has
more than one such place in any one of them.
17. (1) No person who possesses a medical qualification granted by any
authority in any place outside the territory of India (other than the qualifications
specified in the Second Schedule or the Third schedule to the Indian Medical
Bom. VI of
1912.
Bom. VI of
1912.
Special
procedure for
registration
in certain
cases. CII of 1956.
8 9
The Gujarat Medical Council Act, 1967. [1968: Guj. 10 1968: Guj. 10] The Gujarat Medical Council Act, 1967.
Council Act, 1956), shall be registered under this Act, unless the procedure
specified in sub-section (2) has been followed.
(2) Any person, who holds any such medical qualification may apply to the
Council for registration by giving a correct description of his qualification, with
the date on which it was granted, and by presentation of his degree, diploma,
licence or certificate. The Council shall transmit to the Central Government
the application with its opinion whether the medical qualification possessed
by the applicant should be included in Part II of the Third Schedule to the
Indian Medical Council Act, 1956. If the medical qualification is so included
in pursuance of the provisions of sub-section (4) of Section 13 of that Act the
Council may, subject to the provisions of that Act and on payment of 1[the
prescribed fee], enter his name in the register under section 16.
18. Notwithstanding anything contained in sections 16 and 17, no person,
whose name has been removed whether before or after the appointed day,
from any register kept under this Act or any other law for the time being in
force in India regulating the registration of medical practitioners on the ground
of professional misconduct, shall be entitled to have his name entered in the
register, unless his name is duly ordered to be restored to the register from
which it was so removed.
19. (1) Any person who desires to be registered provisionally under section
25 of the Indian Medical Council Act, 1956, shall make an a pplication in the
prescribed form to the Registrar and shall pay 2[the prescribed fee].
(2) Every person whose name is entered in the register under sub-
section ( I) shall be given a certificate of provisional registration in the
prescribed form. Such certificate shall remain in force for such period as may
be specified therein.
20. (1) It shall be the duty of the Registrar to make entries in the register,
from time to time, to revise the same and to issue certificates of registration
in accordance with the provisions of this Act and the rules made thereunder.
(2) The names of registered practitioners who die or whose names are
directed to be removed from the register under section 22 shall be removed
therefrom.
(3) Any person whose name is entered in the register and who subsequent
to his registration desires to record in the register any change in his name shall,
on an application made in this behalf and on payment of the prescribed fee be
entitled to have such change in his name recorded in the register.
(4) Subject to the provisions of section 26 of the Indian Medical Council
Act, 1956, any person whose name is entered in the register and who
subsequent to his registration obtains any additional qualification specified
in the Schedule to this Act or in any of the Schedules to the Indian M edical
Council Act, 1956, shall on an application made in this behalf, and on payment
of the prescribed fee, be entitled to have an entry stating such additional
qualification made against his name in the register.
(5) Where it is shown to the satisfaction of the Registrar that a certificate
of registration has been lost or destroyed, the Registrar may, on payment of
the prescribed fee, issue a duplicate certificate.
21. (1) At such time after the publication of the notice under sub-section
(6) of section 16 as the Council deems fit, and thereafter every five years, the
Registrar shall cause to be printed and published a correct list of all persons
for the time being entered in the register.
1. These words were substituted for the words "a fee of fifty rupees" by Guj. 7 of 1995, s.3.
2. These words were substituted for the words "a fee of five rupees", ibid., s.4.
CII of 1956.
Persons who
may not be
registered.
Fee for and
certificate of
provisional
registration.
CII of 1956.
Maintenance
of register.
CII of 1956.
Publication
of list of
registered
practitioners.
8 9
The Gujarat Medical Council Act, 1967. [1968: Guj. 10 1968: Guj. 10] The Gujarat Medical Council Act, 1967.
(2) The Registrar shall cause to be printed and published annually on or
before a date to be decided by the Executive Committee, an addendum and
a corrigendum to the list published under sub-section (1) showing-
(a) the names of all persons for the time being entered or re-entered
in the register, and not included in any subsisting list already printed and
published;
(b) the names of all practitioners included in any subsisting list, whose
names have since been removed on account of any reason whatsoever from,
and not re-entered in, the register; and
(c) any other amendments to the subsisting list.
(3) The form of the list published under sub-section (1), the particulars
to be included therein, and the manner of its publication, shall be such as may
be prescribed.
(4) A copy of the list referred to in sub-section (1), shall be evidence in
all Courts, and in all judicial or quasi-judicial proceedings, that the persons
therein specified are registered according to the provisions of this Act, and
the absence of the name of any person from such copy shall be evidence,
until the contrary is proved, that such person is not registered according to the
provisions of this Act:
Provided that, in the case of any person whose name does not appear in
such copy, a certified copy under the hand of the Registrar of the entry of the
name of such person on the register shall be evidence that such person is
registered under the provisions of this Act.
22. (1) If a registered practitioner has been, after due inquiry held by the
Council or by the Executive Committee in the prescribed manner, found guilty
of any misconduct by the Council, the Council may-
(a) issue a letter of warning to such practitioner, or
(b) direct the name of such practitioner-
(i) to be removed from the register for such period as may be
specified in the direction, or
(ii) to be removed from the register permanently.
Explanation. - For the purpose of this section a registered practitioner shall
be deemed to be guilty of misconduct if-
(a) he is convicted by a criminal court for an offence which involves
moral turpitude and which is cognisable within the meaning of the Code of
Criminal Procedure, 1898, or
(b) he being subject to military law is convicted under the Army Act.
1950 for an offence which is cognisabl e within the meaning of the Code of
Criminal Procedure 1898, or
(c) in the opinion of the Council his conduct is infamous in relation
to the medical profession particularly under any Code of Ethics prescribed by
the Council or by the Medical Council of India constituted under the Indian
Medical Council Act, 1956 in this behalf.
(2) If the name of any such practitioner is also entered in-
(a) the register or the list maintained under the Gujarat Medical
Practitioners' Act, 1963, or
(b) the register or the list maintained under the Gujarat Homoeopathic
Act, 1963,
Removal of
names from
the register.
XLVI of 1950.
V of 1898.
V of 1898.
CII of 1950.
Guj. 6 of
1964.
10 11
The Gujarat Medical Council Act, 1967. [1968: Guj. 10 1968: Guj. 10] The Gujarat Medical Council Act, 1967.
It shall be the duty of the Registrar to give intimation of such removal to
the authority entitled to maintain the said register or the said list.
(3) If the name of the registered practitioner is also entered in the register
or the list, as the case may be, maintained under any of the laws referred to
in sub-section (2) and it is removed from the said register or the said list, the
Council shall if such removal comes or is brought to its notice, also remove
the name of such registered practitioner from the register under this Act.
(4) The Council may, on sufficient cause being shown, direct at any
subsequent date that the name of a practitioner removed under sub-section
(1) or (3) shall be re-entered in the register on such conditions, and on
payment of such fee, as may be prescribed.
(5) The Council may, of its own motion, or on the application of any person,
after due and proper inquiry and after giving an opportunity to the person
concerned of being heard, cancel or alter any entry in the register, if in the
opinion of the Council; such entry was fraudulently or incorrectly made.
(6) In holding any inquiry under this section, the Council or the Executive
Committee, as the case may be, shall have the s ame powers as are vested
in Civil Courts under the Code of Civil Procedure, 1908 when trying a suit, in
respect of the following matters, namely:-
(a) enforcing the attendance of any person, and examining him on oath;
(b) compelling the production of documents;
(c) issuing of commissions for the examination of witnesses.
(7) All inquiries under this section shall be deemed to be judicial proceedings
within the meaning of sections 193, 219 and 228 of the Indian Penal Code.
(8) (a) For the purpose of advising the Council or the Executive Committee,
as the case may be, on any question of law arising in any inquiry under this
section, there may in all such inquiries be an assessor, who has been for not
less than ten years-
(i) an advocate enrolled under the Advocates Act, 1961, or
(ii) an attorney of a High Court.
Explanation. - For the purposes of this clause, in computing the period
during which a person has been enrolled as an Advocate, there shall be
included any period during which he was enrolled as an Advocate under the
Indian Bar Councils Act, 1926.
(b) Where an assessor advises the Council, or the Executive Committee,
on any question of law as to evidence, procedure or any other matter, he shall
do so in the presence of every party or person representing a party, to the
inquiry who appears thereat or if the advice is tendered after the Council or
the Executive Committee has begun to deliberate as to its findings, every such
party or person as aforesaid shall be informed what advice the assessor has
tendered. Such party or person shall also be informed if in any case the Council
or the Executive Committee does not accept the advice of the assessor on any
such question as aforesaid.
(c) Any assessor under this section may be appointed either generally,
or for any particular inquiries, or class of inquiries, and shall be paid the
prescribed remuneration.
23. Notwithstanding anything contained in sections 16 and 21,ο
(a) on such date after the date of publication of the notice under sub-
section (6) of section 16, as the Executive Committee may with the previous
sanction of the State Government decide, and every five years thereafter,
Guj. XXXVI
of 1963.
V of 1908.
XLV of 1860.
XXV of 1961.
XXVIII of 1926.
Renewal of
registration.
10 11
The Gujarat Medical Council Act, 1967. [1968: Guj. 10 1968: Guj. 10] The Gujarat Medical Council Act, 1967.
the Registrar shall cause two notices in the prescribed form to be published,
at an interval of not less than thirty days, in the Official Gazette calling upon
in the manner provided in clause (b) all registered practitioners to make an
application to the Registrar for the continuance of their names on the register;
(b) the Registrar shall, after the publication of the first notice under clause
(a), send a notice by registered post enclosing therewith the prescribed form
of application to the registered practitioners at their address as entered in the
register, calling upon them to return the application to the Registrar for the
continuance of their names on the register within forty-five days of the date of
the notice. If any of the registered practitioners fails to return such application
within the time specified, the Registrar shall issue a further notice to such
registered practitioner by registered post after the publication of the second
notice under clause (a) enclosing therewith the prescribed form of application
calling upon him to return the application to the Registrar for the continuance
of his name on the register within thirty days of the date of the further notice,
together with 1[the prescribed fee];
(c) if the application is not made on or before the date fixed by the
further notice sent by registered post under clause (b) the Registrar shall
remove the name of the defaulter from the register and shall inform him of
such removal by registered post:
Provided that, if an application for continuance of the name so removed is
made within a period of six months from the date fixed by the said notice sent
by registered post under clause (b), the name so removed may be re-entered
in the register on payment of 2[the prescribed fee].
24. (1) Any person aggrieved by any decision of the Registrar under this
Act may, within a period of one month from the date on which the decision is
communicated to him, appeal to the Council which shall hear and determine
the appeal in the prescribed manner.
(2) Save as otherwise provided in the Indian Medical Council Act, 1956,
every decision of the Council under this Act shall be final.
25. Notwithstanding anything contain ed in any law for the time being in
force-
(i) the expression 'legally qualified medical practitioner' or "duly qualified
medical practitioner" or any word importing a person recognised by law as a
medical practitioner or member of the medical profession shall in all Acts of
the State Legislature and in all Central Acts (in their application to the State)
in so far as such Acts relate to any matters specified in List II or List III in the
Seventh Schedule to the Constitution of India, include a practitioner whose
name is entered in the register under this Act;
(ii) every registered practitioner shall be exempt, if he so desires, from
serving on an inquest.
26. The provisions of this Act are in addition to, and not in derogation of,
the provisions of the Indian Medical Counc il Act, 1956, and of Chapter V of
the Gujarat Medical Practitioners Act, 1963, containing general provisions
applicable to all medical practitioners.
1. These words were substituted for the words "a fee of rupees two" by Guj. 7 of 1995, s.5(1).
2. These words were substituted for the words "a fee of rupees five", ibdi., s.5(2).
Appeals.
CII of 1956.
Rights of
registered
practitioners.
General
provisions
applicable
to medical
practitioners.
CII of 1956.
Guj. 6 of
1964.
12 13
The Gujarat Medical Council Act, 1967. [1968: Guj. 10 1968: Guj. 10] The Gujarat Medical Council Act, 1967.
CHAPTER IV
MISCELLANEOUS.
27. The Council shall have authority to call on the governing body or
authorities of an y Medical College or School and on any examining body
included in or desirous of being included in the Schedule,
(a) to furnish such particulars as the Council shall require of any course
of study prescribed or examination held by such body or authority or in
such school or college with reference to the grant of any medical or surgical
qualification, and
(b) to permit such person or persons as is or are, in the opinion of the
Council, specially qualified for the purpose, to attend and be present at any
such examination.
28. (1) If it shall appear to the State Government, on the report of the
Council or otherwise, that the course of study and examinations prescribed
by any University, college, body or institution, conferring a degree, diploma,
licence or certificate or any other like award, not entered in the Schedule to
this Act or in any of the Schedules to the Indian Medical Council Act, 1956,
is such as to secure the possession by persons obtaining such degree,
diploma, licence, certificate or award of the requisite knowledge and skill for
the efficient practice of their profession as medical practitioners, it shall be
lawful for the State Government from time to time by notification in the Official
Gazette, to amend the Schedule and to direct the inclusion therein of any
such qualification, subject to such conditions (if any), as may be specified in
respect of that qualification.
(2) If at any time it appears to the State Government, on the report of the
Council or otherwise, that the course of study or the examinations prescribed
by any University, college, body or institution, for any degree, diploma, licence,
certificate or award, which is included in the Schedule to this Act are not such
as to secure the possession by persons obtaining such qualification of the
requisite knowledge and skill for the efficient practice of their profession, as
medical practitioners or to secure the maintenance of an adequate standard
of proficiency for such practice, it shall be lawful for the State Government
from time to time to direct the removal of any such qualification from the said
Schedule or to impose such further conditions therefor as it deems fit:
Provided that, no notification for amendment of the Schedule under sub-
section (I) or sub-section (2) shall be issued by the State Government, without
consulting the Council:
Provided further that, before making any recommendation to the State
Government under this section to remove any degree, diploma, licence,
certificate or award, from the Schedule, the Council shall require the University,
college, body or institution to take steps as may be directed by the Council,
and within such reasonable time as the Council may prescribe, to bring the
course of study or examination for such degree, diploma, licence, certificate
or award, to the required standard.
29. If any person whose name is not for the time being entered in the
register falsely represents that it is so entered, or uses in connection with his
name or title any words or letters reasonably calculated to suggest that his
name is so entered, he shall, on conviction, be punished with fine which may
extend to five hundred rupees.
30. (1) If at any time it appears to the State Government that the Council
or its President or Vice-President has failed to exercise or has exceeded or
abused any of the powers conferred upon it or him by or under this Act, or
Council
authorised
to call for
information
and attend
examinations.
Amendment
of Schedule.
CII of 1956.
Penalty
for falselyExcerpt shown. Open the full act in Lexace.