LexThe KARNATAKA MEDICAL REGISTRATION ACT, 1961
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330 Medical Registration [1961: KAR. ACT 34
THE KARNATAKA MEDICAL REGISTRATION ACT, 1961
ARRANGEMENT OF SECTIONS
Statement of Object and Reasons
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Establishment, incorporation and constitution of Council.
4. Nomination of members in default of election.
5. Term of Office.
6. Vacancies.
7. Disqualifications.
8. Disabilities for continuing as member.
9. Time and place of meeting of Council.
10. Validity of proceedings.
11. Registrar and officers.
12. Register.
13. Registration of Medical Practitioners.
14. Appeals against decision of Registrar.
15. Removal of Medical Practitioner's name from Register for misconduct etc.,
16. Medical Council to have powers of Civil Courts.
17. Inquiries to be deemed to be judicial proceedings.
18. Assessor to Medical Council.
19. Renewal of registration.
20. Qualified Practitioners certificate.
21. Persons entitled to hold certain appointments.
22. Notice of death.
23. Exemption from serving on inquests, etc.
24. Fee payable to members.
25. Disposal of fees.
26. Publication of list of practitioners.
27. Elections to be held by distributive vote.
28. Penalties.
1961: KAR. ACT 34] Medical Registration 331
29. Protection of action taken in good faith.
30. Jurisdiction of Civil Courts.
31. Power to make rules.
32. Regulations.
33. Control.
34. Repeal and savings.
35. Power to remove difficulties.
STATEMENT OF OBJECTS AND REASONS
Act 34 of 1961.- There are different enactments in force in the several
areas of the State governing the registration of practitioners of modern
system of medicine. As a result of the adaptations made in these
enactments, the Mysore Medical Council—constituted under the Mysore
Medical Registration Act, 1931, as adapted—is empowered to perform the
functions of a Medical Council throughout the State in respect of the several
enactments, while the Medical Registers under each enactment are kept
separate. Thus there is a single Medical Council and several Medical
Registers.
Since under the Indian Medical Council Act, 1956 (Central Act No. 102 of
1956) one member has to be elected to the Medical Council of India by the
members included in the State Medical Register, it is necessary to have one
Medical Register for the entire State.
In the circumstances, it is proposed to have a uniform law relating to
registration of practitioners practising the modern system of medicine
throughout the State.
(Obtained from file LAW 12 LGN 60.)
II
Amending Act 43 of 2003.- It is considered necessary to amend the
Karnataka Medical Registration Act, 1961,-
(i) to define “teachers” and “teachers of University” and to provide
for election of four members to the Medical Council jointly from
both these categories;
(ii) to provide that out of 4 persons to be nominated by the State
Government one shall be from amongst the Karnataka Dental
332 Medical Registration [1961: KAR. ACT 34
Council, Pharmacy Council, Nursing Council and Ayurvedic and
Homeopathy Council by rotation for a period of one year, who
shall have no right to vote in the meeting of the Medical Council;
(iii) to provide that no election shall be held to fill up a vacancy in
the office of an elected member if the remainder of the period is
less than six months;
(iv) to provide for fixing of fees by rules;
(v) to provide for removal of a medical practitioner on the ground of
negligence, incompetence and violation of medical ethics also;
(vi) to empower the medical council to inspect medical institutions;
(vii) to require a medical practitioner to produce a certificate for
having attended a Continuing Medical Education programme
before seeking renewal of registration.
Certain other incidental and consequential changes are also made.
Hence the Bill.
[LA Bill No. 15 of 2003]
(Entry 26 of List-III of the Seventh Schedule to the Constitution of india.)
lll
Amending Act 19 of 2017.- It is considered necessary to amend
the Karnataka Medical Registration Act, 1961 (Karnataka Act 34 of 1961)
to,-
(i) ensure continuous updation of knowledge or skills among the medical
practitioners by undergoing cont inued medical education programme
before renewal of registration;
(ii) ensure representation of all the four revenue regions of the State in
the Karnataka Medical Council; and
(iii) renewal of registration for medical practitioners on payment of such
fee as may be prescribed.
Hence, the Bill.
[L.A. Bill No.15 of 2017 File No. Samvyashae 5 Shasana 2017]
[entry 26 of List III of the Seventh Schedule to the Constitution of India.]
*****
1961: KAR. ACT 34] Medical Registration 333
1 1
[KARNATAKA ACT]
1
No. 34 OF 1961
1
(First published in the
1
[Karnataka Gazette]
December, 1961.)
1
on the Thirtieth day of
THE [KARNATAKA] MEDICAL REGISTRATION ACT, 1961
(Received the assent of the President on the Twenty-fifth day of December,
1961).
(as Amended by Karnataka Act 43 of 2003 and 19 of 2017)
An Act to consolidate the laws for the registration of medical practitioners
of modern scientific system of medicine in the 1[State of Karnataka]1.
WHEREAS it is expedient to consolidate the laws for the registration of
medical practitioners of modern scientific system of medicine, surgery and
obstetrics, other than veterinary medicine and surgery, in the 1[State of
Karnataka]1;
BE it enacted by the 1[Karnataka State]1 Legislature in the Twelfth Year of
the Republic of India as follows:—
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
1. Short title, extent and commencement.—(1) This Act may be called
the 1[Karnataka]1 Medical Registration Act, 1961.
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
(2) It extends to the whole of the 1[State of Karnataka]1.
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
(3) It shall come into force on such 1[date]1 as the State Government may,
by notification, appoint.
1. Act came into force w.e.f. 22.8.1963 by notification. Text of the notification is at the
end of the Act
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “Council” or “Medical Council” means the 1[Karnataka Medical Council]1
established under this Act;
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
(b) “notification” means a notification published in the official Gazette;
(c) “registered practitioner” means any person registered under the
provisions of this Act;
(d) “regulations” means regulations made under section 32;
(e) “rules” means rules made under section 31.
3. Establishment, incorporation and constitution of Council.— (1)
The State Government shall by notification establish a Council to be called
“the 1[Karnataka Medical Council]1 for the purposes of carrying out the
provisions of this Act. Such Council shall be a body corporate having
perpetual succession and a common seal with power, subject to the
provisions of this Act, to acquire, hold and dispose of property and to
contract and may by the same name sue and be sued.
334 Medical Registration [1961: KAR. ACT 34
(2) The Council shall consist of the following 3[seventeen]3 members,
namely:— 3[(a) two members from each of the four Revenue Divisions of the
State to be elected from amongst themselves by the Medical Practitioners
who are registered under this Act;]3
2[(b) four members 4[one from each of the Revenue Division] 4 to be
elected from amongst themselves by the “teachers” and “teachers of the
University” as defined in clauses (m) and (n) respectively of section 2 of
the Rajiv Gandhi University of Health Sciences Act, 1994 (Karnataka
Act 44 of 1994) and who are registered under this Act.
(c) four members 4[one from each of the Revenue Division] 4 to be
nominated by the State Government from among registered practitioners.
(d) one member to be nominated by the State Government
from amongst the members of the Karnataka State Dental Council, the
Karnataka Pharmacy Council, the Karnataka Nursing Council, the
Karnataka Ayurvedic and Homoeopathy Council, by rotation for a period of
one year.]2
(3) In making nomination under 2[clause (c)]2 of sub-section (2), the
State Government shall have due regard to the claims of women and of
other groups of practitioners, representatives of whom have not been
elected under 2[clauses (a) and (b)]2
(4) The President and Vice-President of the Medical Council shall be
elected by the 2[by the members other than a member referred to in clause
(d), from amongst themselves]2.
(5) The election of the President and Vice-President and other members
shall, subject to the provisions of this Act, be held at such time and place
and in such manner as may be prescribed by rules.
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973.
2. Substituted by Act 43 of 2003, w.e.f 01.03.2012 .
3. Substituted by Act 19 of 2017, w.e.f 06.04.2017 .
4. Inserted by Act 19 of 2017, w.e.f 06.04.2017.
4. Nomination of members in default of election.— If any of the
electorates referred to in section 3 does not, by such date as may be
prescribed by rules, elect a person to be a member of the Council, the State
Government shall, by notification, nominate to the vacancy a person
qualified for election thereto; and the person so nominated shall be deemed
to be a member of the Council as if he had been duly elected by the said
electorate.
1961: KAR. ACT 34] Medical Registration 335
5. Term of Office.— The President, Vice-President and other members of
the Medical Council 1[other than a member referred to in clause (d) of sub-
section (2) of section 3]1 shall, subject to the provisions of this Act, hold
office for a term of five years from the date of their nomination or election
or until their successors have been duly nominated, or elected, whichever is
longer, and shall be eligible for re-nomination, or re-election, as the case may
be.
1. Inserted by Act 43 of 2003, w.e.f 01.03.2012 .
6. Vacancies.—Upon the death, resignation or vacation of office of any
member of the Medical Council, another person shall be appointed a
member of the Medical Council in his place by nomination or election, as the
case may be, in accordance with the provisions of sub-section (2) of section
3, and such person shall hold office for the remainder of the period for which
the member in whose place he is appointed was nominated or elected.
1[Provided that where a vacancy has arisen in the office of the
elected member of the Council and the remainder period of the term of
office is less than six months no election shall be held to fill up such
vacancy.]1
1. Inserted by Act 43 of 2003, w.e.f 01.03.2012 .
7. Disqualifications.—A person shall be disqualified for being chosen as
and for being a member of the Medical Council,—
(a) if he has been sentenced by a criminal court for an offence
involving moral turpitude and punishable with imprisonment for a term
exceeding three months, such sentence not having been subsequently
reversed, quashed or remitted, unless he has, by order, which the State
Government is hereby empowered to make in this behalf, been relieved
from the disqualification arising on account of such sentence;
(b) if he is an undischarged insolvent;
(c) if he is of unsound mind and stands so declared by a competent
court;
(d) if he is a whole time officer or servant of the Council.
8. Disabilities for continuing as member.— If any member, during the
period for which he has been nominated or elected,—
(a) absents himself, without excuse, sufficient in the opinion of the
Medical Council, from three consecutive ordinary meetings of the Council; or
(b) in the case of a member elected under clause (b) of sub-section
(2) of section 3, 1[ceases to be a teacher or as the case may be, teacher
of the University or ceases to be a registered practitioner]1; or
1. Substituted by Act 43 of 2003, w.e.f 01.03.2012 .
336 Medical Registration [1961: KAR. ACT 34
(c) in the case of a member elected under 1[clause (a)]1 of sub-
section (2) of section 3, ceases to be a registered practitioner; or
1. Substituted by Act 43 of 2003, w.e.f 01.03.2012.
(d) becomes subject to any of the disqualifications mentioned in
section 7,
-the State Government shall declare his office to be vacant.
9. Time and place of meeting and procedure at meetings of
Council.— The Medical Council shall make such regulations as may be
necessary with respect to the time and place of the meeting of the Medical
Council and the mode of summoning the same. In the absence of any
regulation as to the summoning of a meeting of the Medical Council, it shall
be lawful for the President to summon a meeting at such time and place as
to him shall seem expedient by letter addressed to each member; and at
every meeting, in the absence of the President, the Vice-President and in
the absence of both, some other member to be chosen from the members
present, shall act as President; and all acts of the Medical Council shall be
decided by the votes of the majority of the members present at any meeting
the total number present being not less than eight, and at all such meetings
the President for the time being shall, in addition to his vote as a member of
the Medical Council, have a casting vote in case of any equality of votes.
1[Provided that the member nominated under clause (d) of sub-section
(2) of section 3 shall participate in meeting of the Medical Council but
shall not have a right to vote in such meeting.]1
1. Inserted by Act 43 of 2003, w.e.f 01.03.2012 .
10. Validity of proceedings.— (1) No disqualification, or defect in the
election or nomination of any person acting as a member of the Medical
Council or as the President or Vice-President or presiding authority of a
meeting shall be deemed to vitiate any act or proceeding of the Medical
Council in which such person has taken part.
(2) No act done by the Council shall be questioned on the ground merely
of the existence of any vacancy in, or any defect in the constitution of the
Council.
11. Registrar and officers.—(1) The Medical Council shall appoint a
Registrar, and may from time to time grant leave to the Registrar and
appoint a person to act in his place. Any order of the Medical Council
appointing or dismissing a Registrar or appointing to act as Registrar for a
period which exceeds or is likely to exceed the period which the State
Government may, from time to time direct, shall be subject to the previous
approval of the State Government. The Registrar and any person appointed
to act as Registrar shall be paid by the Medical Council such salary and
allowances as it may from time to time determine. Any person duly
appointed to act as Registrar shall be deemed to be Registrar for all the
purposes of this Act. The Medical Council may also appoint such other
officers and servants as may be necessary for the purposes of this Act.
1961: KAR. ACT 34] Medical Registration 337
(2) The Registrar or any other officer or servant appointed under this
section shall be deemed to be a public servant within the meaning of section
21 of the Indian Penal Code.
12. Register.— The Registrar shall keep a register of medical
practitioners in such form as may be prescribed by rules, in accordance with
the provisions of this Act. It shall be the duty of the Registrar under the
orders of the Medical Council to keep the register correct and from time to
time to enter any necessary alterations in the addresses of persons
registered and to enter any additional qualifications which any registered
person may have obtained subsequent to his registration, and to strike off
the names of all registered persons who have died.
13. Registration of Medical Practitioners.— (1) Every person who
holds any of the medical qualifications included in the Schedules to the
Indian Medical Council Act, 1956 (Central Act 102 of 1956), may apply to
the Registrar giving a correct description of his qualifications, with the dates
on which they were granted, and present his degree, diploma or licence
along with a 1 [prescribed fee]1 for being registered under this Act. The
Registrar shall if satisfied that the applicant is entitled to be registered, enter
his name in the register:
1. Substituted by Act 43 of 2003, w.e.f 01.03.2012 .
Provided that the Registrar shall on application and on payment of 1[a
prescribed fe e]1 enter the names of medical practitioners registered under
any of the enactments repealed by section 34 and included in the
registers maintained in accordance with the provisions of the said
repealed enactments as adapted by the Mysore Adaptation of Laws Order,
1956.
1. Substituted by Act 43 of 2003, w.e.f 01.03.2012 .
(2) The Medical Council may refuse to permit the registration of any
person who has been convicted of a cognizable offence as defined in the
2[the Code of Criminal Procedure, 1973 (Central Act 2 of 1974)]2 or any
other law for the time being in force, or who after due inquiry has been held
guilty by the1[Karnataka Medical Council]1 or by the Medical Council of any
other State in India of infamous conduct in any professional respect.
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
2. Substituted by Act 43 of 2003, w.e.f 01.03.2012.
14. Appeals against decision of Registrar.— (1) An appeal against the
decision of the Registrar respecting a first registration or any subsequent
alteration shall be heard and determined by the Medical Council in
accordance with rules made by the State Government.
(2) Any entry in the register which shall be proved to the satisfaction of
the Medical Council to have been fraudulently or incorrectly made may be
deleted from the register under the orders of the Medical Council.
338 Medical Registration [1961: KAR. ACT 34
15. Removal of Medical Practitioner’s name from register 1[for
misconduct etc.,]1.—(1) If a medical practitioner has been, after due
inquiry by the Medical Council, found 1 [guilty of any misconduct,
negligence, incompetence or violation of code of Medical ethics ]1, the
Medical Council may,-
(a) issue a letter of warning addressed to such medical practitioner, or
(b) direct the name of such medical 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 without specifying the period of
such removal.
Explanation.—For the purposes of this section “misconduct” shall
mean,-
(a) the conviction of the medical practitioner by a criminal court for an
offence which involves moral turpitude and which is cognizable as defined in
1[the Code of Criminal Procedure, 1973 (Central Act 2 of 1974)]1, or any
other law for the time being in force;
(b) any conduct which, in the opinion of the Medical Council is infamous in
relation to the medical profession.
(2) The Medical Council may, at any subsequent date, if it thinks fit, and
shall on a decision to that effect of the Central Government under sub-
section (2) of section 24 of the Indian Medical Council Act, 1956, direct that
any name so removed shall be re-entered.
1. Substituted by Act 43 of 2003, w.e.f 01.03.2012 .
16. Medical Council to have powers of Civil Courts.—In holding
inquiries under this Act, the Medical Council shall have the same powers as
are vested in Civil Courts under the Code of Civil Procedure, 1908 (Central
Act V of 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.
1[(d) inspection of Medical Institutions such as Hospital, Nursing
Homes, consultation rooms, Diagnostic Centres, Polyclinics, Clinics,
Health and Care Institutions by whatever name called including
Government Hospitals, carrying Medical Practice:
Provided that no such inspection of a private or Gover nment
hospital or a teaching hospital of a medical college s hall be made
without a written compliant.]1
1. Inserted by Act 43 of 2003, w.e.f 01.03.2012 .
1961: KAR. ACT 34] Medical Registration 339
17. Inquiries to be deemed to be judicial proceedings.—All inquiries
under this Act shall be deemed to be judicial proceedings within the
meaning of sections 193 and 228 of the Indian Penal Code.
18. Assessor to Medical Council.— (1) For the purpose of advising the
Medical Council on questions of law arising in inquiries before it, 1[the
Medical Council may in such inquiries take the assistance of an
assessor]1 who has been for not less than ten years an advocate of a High
Court.
1. Substituted by Act 43 of 2003, w.e.f 01.03.2012 .
(2) Where an assessor advises the Medical Council on any question
of law, 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 Medical Council has begun to deliberate as to their 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 Medical Council does not accept the advice of the assessor
on any such question as aforesaid.
(3) Any assessor under this section may be appointed either generally or
for any particular inquiry or class of inquiries and shall be paid such
remuneration as the Medical Council with the approval of the State
Government may determine.
1[19. Renewal of Registration. - (1) Every Medical practitioner shall
once in five years renew his registration by paying prescribed fees to the medical
Council. For renewal of registration such applicant shall submit his application in
such manner along with the evidence to the effect that he has participated or
attended to a minimum of thirty credit hours of continued Medical Education
Programme (one credit hour = four hours of continued Medical Education
Programme) not less than six credit hours per year over a period preceding five
years in any recognized Medical Conference or Seminar or Workshop or
Continued Medical Education approved in this behalf by the Karnataka Medical
Council.
(2) The Medical Practitioner who fails to renew his registration under sub -
section ( 1) shall cease to be a registered practitioner under sub -section (1) of
section 13, the Registrar shall remove the name of such practitioner from the
Register maintained under section 12:
Provided that participation in such continued Medical Educational P
rogramme
shall not be necessary in respect of such class of Medical Practitioners as may be
prescribed.
Provided further that the name so removed may be re -entered in the register
on payment of the renewal fee in such manner and subject to undergoing
continued Medical Education Programme specified in
sub-section(1).
340 Medical Registration [1961: KAR. ACT 34
Explanation.- For the purpose of the section "CME" means a Continued
Medical Education Programme or rec ognized medical conference or seminar or
workshop as may be approved or conducted by the medical Council in the State
headquarters or regional headquarters or district headquarters or teaching
hospitals or medical colleges or any institution run by the Karnataka Medical
Council.]1
1. Substituted by Act 19 of 2017, w.e.f 06.04.2017.
20. Qualified Practitioners Certificate.—(1) The expression “legally
qualified medical practitioner”, or “duly qualified medical practitioner”, or any
words importing a person recognized by law as a medical practitioner or
member of the medical profession, shall mean a medical practitioner
registered under this Act or a medical practitioner whose name is for the
time being borne on the Indian Medical Register maintained under the
Indian Medical Council Act, 1956 (Central Act 102 of 1956).
(2) A certificate required by any Act from any medical practitioner or
medical officer shall be valid, if the person signing the same shall have been
registered under this Act or his name shall have been borne on the Indian
Medical Register referred to in sub-section (1).
21. Persons entitled to hold certain appointments.—A person whose
name is for the time being borne on the Indian Medical Register maintained
under the Indian Medical Council Act, 1956 (Central Act 102 of 1956), shall
be eligible to hold any appointment as a physician, surgeon or other medical
officer in any dispensary, hospital, infirmary or lying-in-hospital, or in any
public establishment, body or institution, where the modern scientific system
of medicine is practiced.
22. Notice of death.— Every Registrar of Deaths on receiving notice of
the death of a medical practitioner registered under this Act shall forthwith
transmit by post to the Registrar appointed under this Act a certificate under
his own hand of such death with the particulars of time and place of death
and may charge the cost of such certificate and transmission as an expense
of his office.
23. Exemption from serving on inquests, etc.—Notwithstanding
anything in any other law for the time being in force, every person who shall
be registered under this Act shall be exempt, if he so desires, from serving
on any inquest or as a juror under 1[the Code of Criminal Procedure,
1973 (Central Act 2 of 1974)]1
1. Substituted by Act 43 of 2003, w.e.f 01.03.2012 .
24. Fees payable to members.— There shall be paid to the members of
the Medical Council such fees for attendance and such reasonable travelling
expenses as shall from time to time be allowed by the Medical Council and
approved by the State Government.
341 Medical Registration [1961: KAR. ACT 34
25. Disposal of fees.— All moneys received by the Medical Council as
fees under this Act shall be applied for the purposes of this Act in
accordance with such rules as may be made in this behalf by the State
Government.
26. Publication of list of practitioners.— (1) The Registrar shall every
year on or before the thirtieth day of June publish 1[on the notice board in
the office of the Medical Council]1 a correct list of the names and
qualifications of all practitioners entered in the register on the first day of
January of that year.
1. Substituted by Act 43 of 2003, w.e.f 01.03.2012.
(2) A copy of the list published under sub-section (1) shall be evidence in
all courts and in 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.
27. Elections to be held by distributive vote.—All elections under this
Act shall be held according to the distributive system of voting.
Explanation.—Distributive system of voting means a system of voting in
which every voter shall be entitled to give as many votes as there are seats
to be filled:
Provided that no voter shall give more than one vote to any one
candidate:
Provided further that no voting paper shall be deemed to be valid unless
the voter has recorded all the votes which he is entitled to give.
28. Penalties.— Whoever falsely pretends to be registered under this Act
or not being registered under this Act uses in connection with his name or
title any words or letters representing that he is so registered shall, whether
any person is actually deceived by such pretence or representation or not,
be punished in the case of a first conviction with fine which may extend to
three hundred rupees and in the case of subsequent conviction with fine
which may extend to one thousand rupees.
29. Protection of action taken in good faith.—No suit or other legal
proceeding shall lie against the State Government or the Medical Council or
any officer or servant of the State Government or Medical Council for
anything which is in good faith done or intended to be done under this Act.
342 Medical Registration [1961: KAR. ACT 34
30. Jurisdiction of civil courts.—No act done in the exercise of any
power conferred by or under this Act on the State Government or the
Council or the Registrar shall be questioned in any civil court.
31. Power to make rules.—(1) The State Government, after previous
publication, may by notification make rules to carry out the purposes of this
Act.
(3) Every rule made under this section shall be laid as soon as may be
after it is made, before each House of the State Legislature while it is in
session for a total period of thirty days which may be comprised in one
session or in two successive sessions, and if, before the expiry of the
session in which it is so laid or the session immediately following, both
Houses agree in making any modification in the rule or both Houses agree
that the rule should not be made, the rule shall thereafter have effect only in
such modified form or be of no effect, as the case may be; so however that
any such modification or annulment shall be without prejudice to the validity
of anything previously done under that rule.
32. Regulations.—(1) Subject to the provisions of this Act and of the
rules made under section 31, the Medical Council may, with the previous
approval of the State Government, make regulations generally to carry out
the provisions of this Act.
(2) All regulations made by the Medical Council under this Act shall be
published in the official Gazette.
(3) It shall be lawful for the State Government by notification to cancel or
alter any regulation made under this Act.
33. Control.—(1) If at any time it shall appear to the State Government
that the Council has failed to exercise, or has exceeded or abused any of
the 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
Government may, if it considers such failure, excess or abuse to be of a
serious character, notify the particulars thereof to the Council, and if the
Council fails to remedy such default, excess or abuse, within such time as
the State Government may fix in this behalf, the State Government may
dissolve the Council and cause all or any of the powers and duties of the
Council to be exercised and performed by such person and for such period
as it may think fit and thereupon the funds and property of the Council shall
vest in the State Government for the purpose of this Act until a new Council
shall have been constituted under section 3.
(2) When the State Government has dissolved the Council under sub-
section (1), it shall take steps as soon as may be convenient to constitute a
new Council under section 3 and thereupon the property and funds referred
to in sub-section (1) shall revest in the Council so constituted.
1961: KAR. ACT 34] Medical Registration 343
(3) Notwithstanding anything contained in this Act, rules or regulations, if,
at any time, it shall appear to the State Government that the Council or any
other authority empowered to exercise any of the powers or to perform any
of the functions under this Act, has not been validly constituted or appointed,
the State Government may cause any of such powers or functions to be
exercised or performed by such person in such manner and for such period
not exceeding six months and subject to such conditions as the State
Government thinks fit.
34. Repeal and savings.— The Bombay Medical Act, 1912 (Bombay Act
VI of 1912), as in force in the 1[Belgaum Area]1, the Medical Registration
Act, 1348F. (Hyderabad Act I of 1348 Fasli), as in force in the 1[Gulburga
Area]1 the Madras Medical Registration Act, 1914 (Madras Act IV of 1914),
as in force in the 1[Mangalore and Kollegal Area]1 and the Mysore Medical
Registration Act, 1931 (Mysore Act V of 1931), as in force in the Mysore
Area, are hereby repealed:
Provided that until the constitution of the Medical Council in accordance
with the provisions of this Act, the body functioning as the 1[Karnataka
Medical Council]1 immediately before the commencement of this Act
shall exercise the powers and perform the duties conferred by the
provisions of this Act on the Medical Council and casual vacancies in the
seats of the members of the Medical Council so functioning shall be filled
and all matters in connection with the filling up of such vacancies shall
be regulated in accordance with the provisions governing the filling of
such vacancies and regulating such matters in force immediately before
the commencement of this Act subject to such modifications of the said
provisions as the State Government may by notification make in the said
provisions:
Provided that section 6 of the 1[Karnataka]1 General Clauses Act, 1899
(1[Karnataka]1 Act III of 1899), shall be applicable in respect of such repeal
and sections 8 and 24 of the said Act shall be applicable as if the said
enactments had been repealed and re-enacted by this Act.
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
344 Medical Registration [1961: KAR. ACT 34
35. Power to remove difficulties.—(1) If any difficulty arises in giving
effect to the provisions of this Act in consequence of the transition to the
said provisions from the provisions of the Acts in force immediately before
the commencement of this Act, the State Government, may by notification
make such provisions as appear to it to be necessary or expedient for
removing the difficulty.
(2) Every notification issued under sub-section (1) shall, as soon as may
be after it is issued, be laid before both Houses of the State Legislature.
I
NOTIFICATION
Bangalore, dated 19th August, 1963 [No. PLM 251 MDA 61]
In exercise of the powers conferred by sub-section (3) of Section 1 of the
Mysore Medical Registration Act, 1961 (Mysore Act 34 of 1961), the
Government of Mysore hereby appoints the 22nd August 1963 as the date
on which the provisions of the said Act shall come into force.
By Order and in the name of the Governor of Karnataka,
(L.G. DESAI)
Under Secretary to Government,
P.H., L. & Ml. A.D.
(Published in the Karnataka Gazette, Part IV-2C(ii), dated 5th
September, 1963 at page. 656.)
II
NOTIFICATION
(Published in the Karnataka Gazette, Part IV-A (Extra Ordinary) No. 110,
dated: 14.02.2012)
Bangalore, Dated: 13th February, 2012 (No. HFW 416 MPS 2011)
In exercise of the powers conferred by sub- section (2) of Section 1 of
the Karnataka Medical Registration (Amendment) Act, 2003 (Karnataka Act
43 of 2003), the Gov ernment of Karnataka, hereby appoints the 1 st day of
March 2012 as the date on which all the provisions of the said Act, shall
come into force.
By Order and in the name of the Governor of Karnataka,
V. SAIBABA
Under Secretary to Government,
Health and Family Welfare Department
(Medical Education)
Medical Registration 345
1961: KAR. ACT 34] Medical Registration 347
KARNATAKA ACT NO. 43 OF 2003
(First Published in the Karnataka Gazette Extra-ordinary on the 16th day of
September, 2003)
THE KARNATAKA MEDICAL REGISTRATION (AMENDMENT) ACT,
2003
(Received the assent of the Governor on the 12th day of September, 2003)
An Act to amend the Karnataka Medical Registration Act, 1961.
Whereas, it is expedient further to amend the Karnataka Medical
Registration Act, 1961 (Karnataka Act 34 of 1961) for the purposes
hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the fifty-fourth
year of the Republic of India, as follows:-
1. Short title and commencement.- (1) This Act may be called the
Karnataka Medical Registration (Amendment) Act, 2003.
(2) It shall come into force on such date as the State Government
may by notification, appoint and different dates may be appointed for
different provisions of the Act.
2. Amendment of section 3.- In section 3 of the Karnataka Medical
Registration Act, 1961 (Karnataka Act 34 of 1961) (hereinafter referred to as
the principal Act),-
(1) in sub-section (2), for clauses (b), (c) and (d) the following shall
be substituted, namely:-
“(b) four members to be elected from amongst themselves by the
“teachers” and “teachers of the University” as defined in clauses (m) and (n)
respectively of section 2 of the Rajiv Gandhi University of Health Sciences
Act, 1994 (Karnataka Act 44 of 1994) and who are registered under this Act.
(c) four members to be nominated by the State Government from
among registered practitioners.
(d) one member to be nominated by the State Government from
amongst the members of the Karnataka State Dental Council, the Karnataka
Pharmacy Council, the Karnataka Nursing Council, the Karnataka Ayurvedic
and Homoeopathy Council, by rotation for a period of one year.
(2) in sub-section (3),
(i) for the word, brackets and letter “clause (d)” the word,
brackets and letter “clause (c)” shall be substituted;
348 Medical Registration [1961: KAR. ACT 34
(ii) for the words, brackets and letters “clauses (a), (b) and (c)”
the words, brackets and letters “clauses (a) and (b)” shall
be substituted;
(3) in sub-section (4), for the words “by the members from amongst
themselves” the words, brackets and letter “by the members other than a
member referred to in clause (d), from amongst themselves” shall be
substituted.
3. Amendment of section 5.- In section 5 of the principal Act, after
the words, “members of the Medical Council” the words, brackets, letter and
figures “other than a member referred to in clause (d) of sub-section (2) of
section 3” shall be inserted.
4. Amendment of section 6.- In section 6 of the principal Act, the
following proviso shall be inserted at the end, namely:-
“Provided that where a vacancy has arisen in the office of the
elected member of the Council and the remainder period of the term of
office is less than six months no election shall be held to fill up such
vacancy.”
5. Amendment of section 8.- In section 8 of the principal Act,-
(i) in clause (b), for the words “ceases to be a member of the
faculty of medicine of the University concerned” the words
“ceases to be a teacher or as the case may be, teacher of the
University or ceases to be a registered practitioner” shall be
substituted;
(ii) in clause (c), for the words, brackets and letter “clause (a) or (c)”
the word, bracket and letter “clause (a)” shall be substituted.
6. Amendment of section 9.- In section 9 of the principal Act, the
following proviso shall be inserted at the end, namely:-
“Provided that the member nominated under clause (d) of sub-
section (2) of section 3 shall participate in meeting of the Medical Council
but shall not have a right to vote in such meeting.”
7. Amendment of section 13.- In section 13 of the principal Act,-
(a) in sub-section (1),
(i) for the words “a fee of fifteen rupees” the words “prescribed
fee” shall be substituted;
1961: KAR. ACT 34] Medical Registration 349
(ii) in the proviso, for the words “a fee of two rupees” the words
“a prescribed fee” shall be substituted.
(b) in sub-section (2), for the words, figures and bracket the Code of
Criminal Procedure 1898 (Central Act V of 1898)” the words, figures and
brackets “the Code of Criminal Procedure, 1973 (Central Act 2 of 1974)”
shall be substituted.
8. Amendment of section 15.- In section 15 of the principal Act,-
(1) in the heading for the words “for misconduct” the words “for
misconduct etc.,” shall be substituted.
(2) in sub-section (1),
(i) for the words, “guilty of any misconduct” the words “guilty of
any misconduct, negligence, incompetence or violation of
code of Medical ethics” shall be substituted;
(ii) in the explanation, for the words, figures and brackets “the
Code of Criminal Procedure 1898 (Central Act V of 1898,)”
the words, figures and brackets “the Code of Criminal
Procedure, 1973 (Central Act 2 of 1974)” shall be
substituted.
9. Amendment of section 16.- In section 16 of the principal Act,
after clause (c), the following clause shall be inserted, namely,-
“(d) inspection of Medical Institutions such as Hospital, Nursing
Homes, consultation rooms, Diagnostic Centres, Polyclinics, Clinics, Health
and Care Institutions by whatever name called including Government
Hospitals, carrying Medical Practice:
Provided that no such inspection of a private or Government hospital
or a teaching hospital of a medical college shall be made without a written
compliant".
10. Amendment of section 18.- In section 18 of the principal Act,
in sub-section (1), for the words, “there shall, in all such inquiries, be an
assessor to the Medical Council” the words “the Medical Council may in
such inquiries take the assistance of an assessor” shall be substituted.
11. Amendment of section 19.- In section 19 of the principal Act,-
(1) in sub-section (1), for the words “on or before the thirty first day
of December of every year a renewal fee of two rupees” the words”a
prescribed fee on or before such date as may be prescribed” shall be
substituted.
350 Medical Registration [1961: KAR. ACT 34
(2) after sub-section (1), the following proviso shall be inserted,
namely:-
“Provided that the renewal of registration shall not be done unless
the registered Medical Practitioner produces a certificate for having attended
a Continuing Medical Education programme for not less than one hundred
hours conducted by an organization or institution recognized by the Medical
Council.
12. Amendment of section 23.- In section 23 of the principal Act,
for the words, figures and brackets” the Code of Criminal Procedure 1898
(Central Act V of 1898).” the words, figures and bracket “the Code of
Criminal Procedure, 1973 (Central Act 2 of 1974) shall be substituted.
13. Amendment of section 26.- In section 26 of the principal
Act, in sub-section (1), for the words “in the official Gazette” the words “on
the notice board in the office of the Medical Council” shall be substituted.
T.N. Chaturvedi
Governor of Karnataka
By Order and in the name of the Governor of Karnataka
M.R. Hegde
Secretary to Government,
Department of Parliamentary Affairs and Legislation.
KARNATAKA ACT NO. 19 OF 2017
(First Published in the Karnataka Gazette Extra-ordinary on the 06th day of April, 2017)
THE KARNATAKA MEDICAL REGISTRATION (AMENDMENT) ACT, 2017
(Received the assent of Governor on the 03rd day of April, 2017)
An Act further to amend the Karnataka Medical Registration Act, 1961.
Whereas, it is expedient further to amend the Karnataka Medical Registration Act, 1961
(Karnataka Act 34 of 1961) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixty-eighth year of the
Republic of India as follows:-
1. Short title and commencement. - (1) This Act may be called the Karnataka
Medical Registration (Amendment) Act, 2017.
(2) It shall come into force at once.
Sections 3and 19 are Incorporated in the Principal Act.
* * * *