LexThe Maharashtra Medical Council Act, 1965
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1965 : Mah. XLVI] 1
THE MAHARASHTRA MEDICAL COUNCIL ACT, 1965
[Text as on 31st December 2025]
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CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
CONSTITUTIONS, FUNCTIONS AND POWERS OF THE COUNCIL
3. Constitution and incorporation of the Council.
4. Term of office.
5. Casual vacancies.
6. Resignation.
7. Disqualification and disability.
8. Meetings of Council.
9. Proceedings of meetings and validity of acts.
10. Powers, duties and functions of the Council.
11. Executive Committee.
12. Fees and allowances to members of the Council and Executive Committee.
13. Income and expenditure of the Council.
14. Appointment of Registrar of the Council, his duties and functions.
15. Other employees of the Council.
CHAPTER III
PREPARATION AND MAINTENANCE OF REGISTER
16. Preparation of register.
17. Special procedure for registration in certain cases.
18. Persons who may not be registered.
19. Fee for and certificate of provisional registration.
20. Maintenance of register.
21. Publication of list of registered practitioners.
22. Removal of names from the register.
23. Renewal of registration.
24. Appeals.
25. Rights of registered practitioners.
26. General provisions applicable to medical practitioners.
2 The Maharashtra Medical Council Act, 1965 [1965 : Mah. XLVI
CHAPTER IV
MISCELLANEOUS
27. Council authorised to call for information and attend examinations.
28. Amendment of Schedule.
29. Fine for falsely claiming to be registered.
30. Rules.
31. Control of State Government.
CHAPTER V
REPEAL AND TRANSITIONAL PROVISIONS
32. Repeal and saving.
33. Dissolution of Councils constituted under the repealed Acts and constitution o f new
Council.
34. Provision regarding Registrars.
35. Vesting of rights, duties etc.
36. Power to remove difficulties.
THE SCHEDULE
1965 : Mah. XLVI] The Maharashtra Medical Council Act, 1965 3
LIST OF AMENDMENT ACTS
1. Amended by Mah. 30 of 19671
2. Amended by Mah. 3 of 1973
3. Amended by Mah. 12 of 1984
4. Amended by Mah. 19 of 20022, 3 (14-01-2002)
5. Amended by Mah. 5 of 2004 (10-02-2004)4
6. Amended by Mah. 39 of 2005 (14-01-2005)5
7. Amended by Mah. 19 of 2014 (01-07-2014)6
8. Amended by Mah. 56 of 2025 (31-12-2025)
1 Section 5 of Mah. 30 of 1967 reads as follows :—
“5. Saving. — Nothing in clause ( b) of section 3 shall affect the constitution of any Executive Committee
constituted and functioning immediately before the coming into force of this Act.”.
2 Maharashtra Ordinance No. VI of 2002 was repealed by Mah. 19 of 2002, s. 4.
3 Section 3 of Mah. 19 of 2002 reads as follows :—
“2. Validation of acts and things done by Administrator. — Notwithstanding anything contained in Sub -section
(1) of section 31 of the principal Act, any exercise of powers or performance of duties or discharge of functions by the
person appointed as the Administrator for the period of two years under sub -section (1) of the said section 31, who was
in the office immediately before the coming into force of this Act, after the expiry of the period of two years till the date
of extension of the term of his office by the Government, by an order issued in exercise of the powers conferred under
the proviso to sub-section (1) of section 31, shall be valid and shall be deemed always to have been valid ; and the same
shall not be challenged in any court of law or no suit or other proceedings shall be instituted or maintainable against such
person or the Maharashtra Medical Council on the so le ground that the exercise of powers, performance of duties and
discharge of functions by that person as an Administrator under the Act, during the period from the expiry of the period
of two years from the date of his appointment till the extension of hi s term of office under the proviso to sub -section (1)
of section 31 by the Government, was without any legal authority.”.
4 This Act come into force vide G. N., M. E. D. D. No. MMC.–2002/CR–14/02 ACT, dated 6th February 2004.
5 Section 3 of Mah. 39 of 2005 reads as under :—
“3. Validation of acts or things done and steps taken by Administrator. — All acts or things done and all steps
taken by the Administrator, after the expiry of the extended term of appointment under the first proviso to Sub -section
(1) of section 31 of the principal Act till the date of publication of this Act in the Official Gazette, shall be deemed to
have been validly done or taken as if his term of appointment has not so expired ; and the same shall not be called in
question in any court of law or no suit or other proceedings shall be instituted or maintainable against such person or the
Maharashtra Medical Council on the sole ground that the exercise of the powers, performance of duties and discharge of
functions by such Administrator under the Act during such period, was without any legal authority.”.
6 This Act come into force vide G. N., M. E. D. D. No. MHC. –0412/C.R.12/12 (part -II) Act, dated the 1 st July 2014,
w. e. f. the 1st July 2004.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra Medical Council Act, 1965 [1965 : Mah. XLVI
1965 : Mah. XLVI] The Maharashtra Medical Council Act, 1965 5
MAHARASHTRA ACT NO. XLVI OF 19651
[THE MAHARASHTRA MEDICAL COUNCIL ACT, 1965.]
[This Act received the assent of the President on the 17th November 1965 ; assent was first published in
the Maharashtra Government Gazette, Extraordinary No. 51, Part IV, on the 25th November, 1965.]
An Act to unify, consolidate and make better provisions in the law regulating the registration
of persons practising modern scientific medicine in the State of Maharashtra.
WHEREAS it is expedient to unify, consolidate and make better provisions in the law regulating
the registration of persons practicing modern scientific medicine in the State of Maha rashtra and to
provide for matters connected therewith ; It is hereby enacted in the Sixteenth Year of the Republic of
India, as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. — (1) This Act may be called the Maharashtra
Medical Council Act, 1965.
(2) It extends to the whole of the State of Maharashtra.
(3) This section shall come into force at once ; and the remaining provisions of this Act shall
come into force on such 2date as the State Government may, by notification in the Official Gazette,
appoint.
2. Definitions.— In this Act, unless the context otherwise requires,—
(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 Maharashtra Medica l Council constituted or deemed to be
constituted under section 3;
(c) “ Executive Committee ” means the Executive Committee of the Counci l 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, Hom oeopathic 3[system of
medicine]:
4[Provided that, nothing in this clause shall mean to exclude the registered practitioner as
defined in clause (16) of section 2 of the Maharashtra Homoeopathic Practitioner’s Act who have
passed the Certificate Course in Modern Pharmacology approved by the State Government;]
(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 5[and includes a separate register which shall be maintained by the
Council for those covered by entry 28 of the Schedule];
1 For Statement of Objects and Reasons of the L. A. Bill No. XXIII of 1965, see Maharashtra Government Gazette, 1965,
Extraordinary No. 26, Part V, dated the 8th July 1965, pages 311-312.
2 This Act come into force w.e.f. 1st May 1967 vide G. N., U. D., P. H. & H. D., No. MMC. 1067/23046 -Unification, dated
the 26th April 1967.
3 These words were substituted for the words “or Biochemic System of Medicine;” by Mah. 19 of 2014, s. 3(a)(i).
4 This proviso was added by Mah. 19 of 2014, s. 3(a)(ii).
5 These words and figures were added by Mah. 19 of 2014, s. 3(b).
6 The Maharashtra Medical Council Act, 1965 [1965 : Mah. XLVI
(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 provisi onally entered in the
register ;
(j) “Registrar” means the Registrar appointed under section 34 or 14, as the case may be;
(k) “Rules” means rules made under section 30;
(l) “Schedule” means the Schedule appended to this Act;
(m) “Vice-President” means the Vice-President of the Council.
CHAPTER II
CONSTITUTION, FUNCTIONS AND POWERS OF THE COUNCIL
3. Constitution and incorporation of the Council. — (1) The State Government may, by
notification in the Official Gazette , constitute a Council, to be called “the Maharashtra Medical
Council”.
(2) The Council shall be a body corporate, having perpetual succe ssion and a common seal, with
power to acquire, hold and dispose of property and to contract, and may by the name aforesaid sue and
be sued.
(3) The Council shall consist of the following members, namely :—
1[(ai) The Director of Health Services, ex-officio;
(aii) The Director of Medical Education and Research, ex-officio;]
(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;
(c) One member to be elected by members of the governing body of the College of
Physicians and Surgeons, Bombay from amongst members thereof, who are practitioners; and
(d) Nine 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 el ection of the members, and of the President and Vice -President, shall be held at such
time, and at 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.
4. Term of office. — (1) The State Government shall, by notification in the Official Gazette,
publish the names of the members, both elected and 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 a medical faculty of a University or
governing body of the College of Physicians and Surgeons, he shall cease to hold office as a member if
he ceases to belong to that faculty or body, as the case may be.
1 Clauses (ai) and (aii) were substituted for clause (ai) by Mah. 3 of 1973, s. 3, Sch.
1965 : Mah. XLVI] The Maharashtra Medical Council Act, 1965 7
(3) Save as otherwise provided by this Act, the President and the Vice -President shall hold office
from the date of his election upto the day on which his term of office as member expires.
(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. Casual vacancies.— (1) Any casual vacancy, previous to the expiry of the term, in the office
of the President or Vice-President or of a member elected under clause (b), (c) or (d) of sub-section (3)
of section 3 caused by reason of death, resi gnation, disqualification on 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) 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 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. Resignation.— (1) The President or the Vice-President may at any time resign his office by a
notice in writing addressed to the Co uncil, and delivered to the Registrar. The resignation shall take
effect from the date on which it is accepted by the council.
(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.
7. Disqualification and disability.— (1) A person shall be disqualified for being elected or
nominated as, and 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 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. Meetings of Council. — (1) The meetings of the C ouncil shall be convened, held and
conducted in such manner as may be prescribed.
8 The Maharashtra Medical Council Act, 1965 [1965 : Mah. XLVI
(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 be decided by a majority of votes.
(4) The presiding authority at a meeting shall have and exercise a second or a casting vote, in case
of an equality of votes.
(5) Eight members including the President and the Vice -President shall form a quorum. When a
quorum is required but not present, the presiding authority shall 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 o f at such meeting or any subsequent
adjournment thereof, whether there be a quorum present, or not.
9. Proceedings of meetings and validity of acts. — (1) The proceedings of 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 of any resolution adopted by the Council, u nless 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 -President, or as a presiding authority of a meet ing, 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 seven.
10. Powers, duties and functions of the Council. — 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 profes sional conduct of practitioners;
1[including those covered by entry 28 of the Schedule]:
(d) to reprimand a practitioner, or the 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;
(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. Executive Committee.— (1) The Council shall, as soon as may be, constitute an Executive
Committee consisting of the President ex-officio, 2[the Vice -President ex-officio, 3[the Director of
Health Services, ex-officio and the Director of Medical Education and Research, ex-officio,] and such
number of other members, elected by the Council 4[from amongst its members in accordance with the
system of proportional representation by means of the single transferable vote, as may be prescribed.]
1 These words and figures were added by Mah. 19 of 2014, s. 4.
2 These words were inserted by Mah. 30 of 1967, s. 3(a).
3 These words were substituted for the words “and Surgeon General with the Government of Maharashtra, ex-officio,” by
Mah. 3 of 1973 s. 3, Sch.
4 These words were substituted fo r the words “from amongst its members, as may be prescribed” by Mah. 30 of 1967,
s. 3(b).
1965 : Mah. XLVI] The Maharashtra Medical Council Act, 1965 9
(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.
12. Fees and allowances to members of the Council and Executive Committee. — (1) 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. Income and expenditure of the Council.— (1) The income of the Council shall consist of—
(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 follow ing purposes,
namely :—
(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. Appointment of Registrar of the Council, his duties and functions. — (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 th e 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.
(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.
10 The Maharashtra Medical Council Act, 1965 [1965 : Mah. XLVI
(9) The Registrar appointed under this section shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code (XLV of 1860).
15. Other employees of the Council.— (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 designation of such officers and servants a nd 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 t he 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 conditio ns 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 meaning of section 21 of the Indian Penal Code (XLV of 1860).
CHAPTER III
PREPARATION AND MAINTENANCE OF REGISTER
16. Preparation of register.— (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 be 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 (CII of 1956) , shall
subject to any conditions laid down by or under the Indian Medical Council Act, 1956 (CII of 1956), at
any time on an application made in the prescribed form to the Registrar and on payment of 1[such fees
as the State Government may, by notification in the Official Gazette, specify] and on presentation of
his degree, diploma, licence or certificate, be entitled to have his name entered in the register :
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, on the day immediately preceding the appointed day stands entered in the register
duly kept under section 6 of the Bombay Medical Act, 1912 (Bom. VI of 1912), as in force in the
Bombay area of the State; or
(b) who, on or after the 1 st November, 1956, being entered in the register duly kept under
section 11 of the Central Provinces and Berar Medical Registration Act, 1916 (C. P. and Berar 1
of 1916) , as in force in the Vidarbha region of the State and stands entered 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) The name of every person who on the day immediately preceding the appointed day stands
entered in the register duly kept under section 11 of the Central Provinces and Berar Medical
Registration Act, 1916 (C. P. and Berar 1 of 1916) , as in force in the Vidarbha region of the State
(other than that of any person already covered by paragraph (b) in the last preceding sub -section), or
1 These words were substituted for the words “a fee of rupees one hundred and fifty” by Mah. 5 of 2004, s. 2.
1965 : Mah. XLVI] The Maharashtra Medical Council Act, 1965 11
under section 10 of the Medical Registration Act (Hyd. 1 of 1348 Fasli) , as in force in the Hyderabad
area of the State, shall, subject to the provisions of clause ( b), 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.
(b) Notwithstanding anything contained in clause ( a), 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, and send individual notice by registered post to every such person at his last
known address in such form as may be prescribed , calling upon every such person to pay to the
Registrar in the prescribed manner a fee of rupees two if he desires to continue his name on the register
under this Act, The name of every such person who pays s uch 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 continue
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 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 form 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 five rupees.
(6) After the last date for payment of the fee of rupees two under clause ( b) of the last preceding
sub-section has expired and the register prepared in accordance with the forgoing 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 c ome 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. Special procedure for registration in certain cases. — (1) No person who possesses a
medical qualification granted by any authority in any place outside the territory of India (other than the
qualification specified in the Second Schedule or Part II of the Third Schedule to the Indian Medical
Council Act, 1956 (CII of 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 dates on which they were
granted, and by prese ntation of his degree, diploma, licence or certificate. If the Council is satisfied
that the degree, diploma, licence or certificate held by the applicant is such as to secure the possession
by the applicant of the requisite knowledge and skill for efficient practice as a medical practitioner, the
Council may, with the previous approval of the Executive Committee of the Medical Council of India
constituted under the Indian Medical Council Act, 1956 (CII of 1956) and on payment of 1[such fees as
the State Government may, by notification in the Official Gazette , specify] enter his name in the
register if the applicant is a citizen of India, and if the applicant is not such a citizen enter his name in
the register, subject to such conditions as the Council may deem fit to impose.
18. Persons who may not be registered. — Notwithstanding anything contained in sections 16
and 17, no person, whose name has been removed from any register kept under this Act or any other
law for the time bein g 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. Fee for and certificate of provisional registration. — (1) Any person who desires to be
registered provisionally under section 25 of the Indian Medical Council Act, 1956 (CII of 1956), shall
make an application in the prescribed form to the Registrar and shall pay 2[such fees as the State
Government may, by notification in the Official Gazette, specify].
1 These words were substituted for the words “a fee of rupees one hundred and fifty” by Mah. 5 of 2004, s. 3.
2 These words were substituted for the words “a fee of rupees ten” by Mah. 5 of 2004, s. 4.
12 The Maharashtra Medical Council Act, 1965 [1965 : Mah. XLVI
(2) Every person whose name is entered in the register under sub -section ( 1) shall be given a
certificate of provisional registration in th e prescribed form. Such certificate shall remain in force for
such period as may be specified therein.
20. Maintenance of register. — (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 is sue 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 (CII of 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
Medical Council Act, 1956 (CII of 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.
1[(5) The Registrar may, on an application made in that behalf and on payment of the prescribed
fee, issue a duplicate certificate.]
21. Publication of list of registered practi tioners.— (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 b eing
entered in the register.
(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 ( 7) 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 app ear 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. Removal of names from the register. — (1) If a registered practitioner has been, after due
enquiry 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—
1 Sub-section (5) was substituted by Mah. 30 of 1967, s. 4.
1965 : Mah. XLVI] The Maharashtra Medical Council Act, 1965 13
(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 purposes of this section, “misconduct” shall mean—
(i) the conviction of a registered practitioner by a criminal court for an offence which
involves moral turpitude, and which is cognizable within the meaning of 1[the Code of Criminal
Procedure, 1973 (II of 1974)]; or
(ii) the conviction under the Army Act, 1950 (XLVI of 1950) , of a registered practitioner
subject to military law for an offence which is cognizable with the meaning of 2[the Code of
Criminal Procedure, 1973 (II of 1974)]; or
(iii) any conduct which, in the opinion of the Council, 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 (CII of 1956) , in this
behalf.
(2) If the name of any such practitioner is also entered in—
(a) The register of the list maintained under the Maharashtra Medical Practitioners Act,
1961(Mah. XXVIII of 1961); or
(b) The register or the list maintained under the 3Bombay Homeopathic and Biochemic
Practitioners Act, 1959 (Bom. XII of 1960),
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 a registered practitioner is also ente red 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 enquiry under this section, the Council or the Executive Committee, as the case
may be, shall have the same powers as are vested in Civil Courts under the Code of Civil Procedure,
1908 (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.
(7) All inquiries under this section shall be deemed to be judicial proceedings within the meaning
of sections 193, 219 and 288 of the Indian Penal Code (XLV of 1860).
(8) (a) For the purpose of advising the Co uncil 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—
1 These words and figures were substituted for the words and figures “the Code of Criminal Procedure, 1898” by Mah. 12
of 1984, s. 4.
2 These words and figures were substituted for the words and figures “the code of Criminal Procedure, 1898” by Mah. 12
of 1984, s. 4.
3 The short title of the Act was amended of “Maharashtra Homeopathic Practitioner’s Act” by Mah. 22 of 2012, sch. entry
83, w. e. f. 1-5-1960.
14 The Maharashtra Medical Council Act, 1965 [1965 : Mah. XLVI
(i) An advocate enrolled under the Advocates Act, 1961 (XXV of 1961), or
(ii) An attorney of a High Court.
Explanation.— For the purpose 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 a n
Advocate under the Indian Bar Councils Act, 1926 (XXVII of 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 o r person
representing a party, to the enquiry 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 th e 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 ei ther generally, of for any particular
inquiries or class of inquiries, and shall be paid the prescribed remuneration.
1[23. Renewal of registration. — Notwithstanding anything contained in sections 16, 17
and 21,—
(a) Every registered practitioner who is holding a certificate of registration prior to such date, as
the Council, by order published the Official Gazette specifies, shall within a period of four months
from the specified date, apply in the prescribed form, with a renewal fee of rupees five hundred, to the
Registrar for the renewal of the registration;
(b) The registered practitioner who fails to apply for the renewal of his registration within the
specified period may apply in the prescribed form along with late fee of rupees one hundred per month
or part thereof, for renewal of the registration;
(c) Every registered practitioner who has obtained the renewed certificate of registration under
clause ( a) or clause ( b), shall be required to get the same renewed every five years thereafter, on
payment of such renewal fees or late fees, as the State Government may, by notification in the Official
Gazette, specify :
Provided that, such person shall, not less than two months prior to the date on which the
registration period of five years from the renewal of the registration under clause ( a) or clause ( b)
expires, make an application in the prescribed form with the requisite fees as specified under this
clause, for the renewal of his certificate of registration;
(d) The Registrar shall on registration or renewal of the registration certificate also issue to such
practitioner an identity card in such form containing such particulars, as may be prescribed.]
24. Appeals.— (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 M edical Council Act, 1956 (CII of 1956) , every
decision of the Council under this Act shall be final.
25. Rights of registered practitioners.— Notwithstanding anything contained 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 appl ication to the
State) in so far as such Acts relate to any matters specified in List II or III in the Seventh Schedule to
the Constitution of India, include a practitioner whose name is entered in the register under this Act;
1 Section 23 was substituted by Mah. 5 of 2004, s. 5.
1965 : Mah. XLVI] The Maharashtra Medical Council Act, 1965 15
(ii) every registered practiti oner shall be exempted, if he so desires, from serving on an inquest,
1[under the Code of Criminal Procedure, 1973 (II of 1974)].
26. General provisions applicable to medical practitioners. — The provisions of this Act are
in addition to, and noExcerpt shown. Open the full act in Lexace.