LexThe Nagaland Medical Council Act, 2014
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Open in Lexace · Ask the AI about this actTHE NAGALAND MEDICAL COUNCIL ACT 2014
SCHEDULE
THE NAGALAND MEDICAL COUNCIL ACT 2014
An Act to provide for the estabkhment of Medical education in the State
and to regulate the practice by MEDICAL GRADUATES practitioners and
MEDICAL EDUCATION.
BE it enacted mthe in the Sixty First Fowteen year of the Republic India,
and& Fiftieth Year of the State of Nagaland as follows:-
THE NAGALAND MEDICAL COUNCAILACT, 2014
CHAPTER 1
PRELIMINARY
1. Short title, extent and commencement:
(1) This Act may be called the Nagaland Medical Council Act, 2014
(2) It shall extent to the whole of the State
(3) This Act shall come into force on such date as the Gove-rnment may, by
notification in the Official Gazette, appoint.
2. Definition in this Act, unless the context otherwise requires:
(1) "appointed day" means the date on which the provisions ofAct shall
come into force under sub- section (3) of Section 1;
(2) "casual vacancy" means a vacancy occurring otherwise than by efflux to
time in any office filled by election or nomination;
(3) "council" means the Nagaland Medical Council constituted under this
Act;
(4) "Executive Committee" means the Executive Committee of the Council
constituted under Section 11 ;
(5) "Government" means the Government of Nagaland
(6) "Medical practitioner" or practitioner means a person who is the practice
of modem scientific system of medicine and all its branches and HAS
qualifications as prescribed in the First, Second or Third Schedule to
the Indian Medical Council Act, 1956(102 of 1956);
(7) "Medicine" means the modem scientific system of medicine and includes
surgery and obstetrics but does not include veterinary medicine or
veterinary surgery or the Homoeopathic or the Ayurveda or the Siddha
or the Unani System of medicine and the expression "medical" shall be
construed accordingly ;
(8) "member" means amember of the Council;
(9) "prescribed" means prescribed by rules made under this Act;
(10) "president" means the president of the Council;
(1 1) 'Vice- President" means the =ce-President of the Council;
(1 2) "register" means the register of medical practitioners prepared or deemed
to be prepared and maintained under this Act;
(1 3) "registered practitioner" means a medical practitioner having register able
qualification as prescribed in the Indian Medical Council Act, 1956 (102
of 1956) 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;
(14) "Registrar" or "Deputy Registrar" means the Registrar or the Deputy
Registrar as the case may be, appointedunder Section 14 ofthis Act;
(15) "rules" means rules made under Section30 ofthis Act;
(16) "Section"means asection ofthis Act.
CHAPTER II
ESTABLISHMENT OF COUNCIL
1. Constitution, functions and powers of this council Constitution and
incorporation of the Council:
(1) With effect from such date as the 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 Nagaland Medical Council". Nagaland
Medical Council will be the statutory (Legal) body for maintenance of
uniform and high standards of medical education inthe State. The Council
wiU grand recognition of medical qualitication, grand registdon to medical
practitioners and monitor medical practice in the State.
(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 movable or immovable, and to contract and to do all things
necessary for the purposes of this Act, and may by the name aforesaid
sue or be sued.
(3) The Council shall consist of the following members, namely:-
a) Four member having register able qualificationas prescribed in the Indian
Medical Council Act, 1956(102of 1956)to be nominated by the
Government;
b) One member from eachmedical college established by law in Nagaland
having amedical hulty, elected by member of the medical faculty of that
college hm amongst its permanent member of teacher faculty, ifavailable.
c) Nine member to be elected by registered practitioners from amongst
themselves including one member elected by the Nagaland In-service
Doctor Association @IDA) and one fiom Indian Medical Association
(MA)-Nagaland branch.
Provided that no registered practitioners shall be entitled to vote or stand as a
candidate for election, unless:
* He is a citizen of Indian; and
* He either resides or carries on his profession or is employed in Nagaland
d) Dean of the medical Faculty of the University of Nagaland as ex-officio -
member; and
e) Principal Director of Health & Family Welfare of the Government as ex-
officio
f) The president and Vice-president who shall be elected the member fiom
amongst themselves.
(3) The election of the member, 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.
(4) If at any election, the electors fail to elect the requisite number ofmembers,
or fail to elect the President or the Vice-President, the Government shall
nominate members fiom amongst persons qualified to be elected as
members of the respective category, as it deem fit to fill in the vacancy or
vacancies; and the persons so nominated shall be deemed to have been
elected for the period till such time the vacancies are filled in onregular
basis under this sections.
(5) Where any dispute arises regarding any election of a member or the
President or Vice-President, it shall be referred to the Govemment, and
the decision of the Government shall be final.
(6) Notwithstandii anything contained in sub-section (3)
la) Inresvect of the constitution of the Council for the first time under this . ,
Act, the members thereof shall be nominated by the Government from
amongst person qualified to be elected or nominated as members of the
respective category; and
(b) The members so nominated shall hold office for such period exceeding
three years in the aggregate as the Government may, by notification in the
Officer Gazette, specify.
(4). Term of office:
(I) The Government, shall, by notification inthe Official Gazette, publish the
names of the members
(2) Save as otherwise provided by this Act, amember, 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
medical college, or is an ex-officio member, he shall cease to hold office as a
member if he ceases to belong to that faculty or, as the case may be ceases to
hold such office, before the expiry of his term.
(3) Save as othenvise provided by this Act, the President or the Vice-President
shall hold office from the date of his election up to the day onwhich 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 and to 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,
notwithtanding an* contained in sub-section (3) be deemed to extend
and to 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 nominated for one more consecutive term only.
(7) Leave of absence may be granted by the Council to any member for a
period not exceeding six months.
5. Casual Vacancies:
(1) Acasual vacancy in the office the President or the Vice-President or a
member elected under Clause (d) of Sub-section (3) of section 3 or Clause
(c) of said sub-section, 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) A casual vacancy in the office of a member nominated under Clause (a) of
Sub-section(3) of Section 3, or Sub-section(7) of that shall be reported
forthwith by the Registrar to the Government, and all shall, as soon as
possible thereafter, be filled by the Govemment by nomination.
(3) Any person elected under sub-section(1) or nominated under sub-
section(2) to fill acasualvacancy shall, notwithstanding an* contained
in sub-section(7) of Section 3 or Section 4, hold office so long as the
person in whose place he may be elected or nominated, as the case may
be, would have held office, if the vacancy had not occurred.
6. Resignation:
(I) The President orthe Vice- President may at anytime resign his ofice by a
notice in writing address to the Council and delivered to the Registrar.
The registration shall take effect £rom the date on which it is accepted by
the Council or on the expiry of sixty days fiom the date of the delivery of
the notice, Whichever event occurs earlier.
(2) An elected member may, at any time, resignhis ofice by anotice in writing
addressed to the President. Anominated member may at any time resign
his office by anotice in writing addressed to the Government and delivered
to the Registrar. The registration 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.
7. Disqualification and disability:
A person shall be disqualified for being elected or nominated as, and for
continuing as, a member
If he is anun-discharged insolent: or
If he is of unsound mind and stands so declared by acompetent court; or
If his name has been removed from the register and has not been re-
entered therein; or
If he is a whole-time officer or servant of the Council; or
If he has been convicted for an offence involving moral turpitude.
If any member absents himself tlom 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 and take steps to fill the
vacancy.
If any members becomes, or is found to be, subject of the disqualitication
mentioned in sub-section(1, the Council shall submit a report to the
Government, and the Government, if satisfied about the disqualifcations,
shall declare his seat vacant.
8. Meetings of council:
(1) The meetings of the Council shall be convened, held and conducted in
such manner as may be prescribed.
(2) The President, when presenf shall preside at every meeting of the Council.
Ifat any6 meetingthe President is absent, The Vice-President, and absence
or both, some other member elected by the members present from amongst
themselves, shall preside at suchmeeting.
AU issues at ameetingofthe Council shall be decided by amajority members
present andvoting
The presiding authority at ameeting shall have and exercise a second or
casting vote, in case of an equality of votes.
Eight members (including the President andvice-president) shall form a
quorum. When a quorum is required but notpresent, the presiding authority
shall, after waiting for not less than thuQ minutes for such quorum, adjourn
the meeting to such hour or some future day as it may no@ on the notify
board at the office of the Council; and the business whichwould have
been brought before the original meeting had there been a quorum thereat,
shall be brought before the adjoumedmeeting, and may be disposed of at
such meeting or any subsequent adjournment thereof, whether there by a
quorum present, or not.
:ceding of meetings and validity of acts:
The proceedings 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.
No disqualification or defect inthe election or nomination or any person as
a member, or as the President or as the Vice-President, or as a presiding
authonty of a meeting shall be itself be deemed to vitiate any act or
proceedings of the Council in which such act or proceedings, were entitled
to vote.
During any vacancy inthe Council, the continuing members may act, as ifno
vacancy had occurred.
Any act done by the Council shall not be questioned on the ground merely
of the existence of any vacancy in or any defect in the constitution of the
Council.
10. Powers, duties and functions of the Council subject to such conditions as
may be prescribed by or under the provisions of the Act, the powers, duties
and specific functions of the Council shall be:
(1) To maintain the live register and to provide for the registration of medical
practitioners;
(2) To hear and decide appeals against any decision of the Registrar;
(3) To prescribe a code of ethics for regulating the professional conduct of
practitioners; i.e. lay down the standards of professional ethics in the
practice of medicine.
(4) Lends advice to the State government on matters relating to the medical
education and practice in medicine.
(5) Organized Seminars, Symposiums, and Workshops in order to promote
continuous medical education and practice in medicine.
(6) Perform such functions may be laid down in the rules made by the Central
government.
(7) To Exercise such otberpowers, perform such other duties and discharge
such otherhctions, as are laid downin thisAct, orasmay beprescribed.
(8) To receive complaints fiom public (including patients and their relatives)
against misconduct or negligence by amedical practitioner, to proceed for
inquest, take a decision on the merits of the case and to initiate disciplinary
action or award compensation and similarly to take action against £tivolous
complaints;
(9) To provide protection to its members in dischargmgprofessional duties
(1 0) To ensure that no unqualified person practices modem scientific system of
medicine.
(1 1) To reprimand apractitioner, or to suspend or remove his name from the
register, or to take such other disciplinary action against him as may, in the
opinion ofthe Council be necessary or expedient;
(1 2) Committees.
I. Executive Committee
11. Committee forprotection of Doctors
111. Ethics Committee
IV. CME Committee
V. Anti-Quackery Committee
VI. Disciphq Committee
VII. Land and Building Committee
VID. News letter Committee
IX. Finance Committee
X. Constitutional and Amendment Committee
XI. Nursinghome Committee
XU. Staffwelfare Committee
XUI. Diagnostic Committee
11. Executive Committee
(1) The Council shall, as soon as may be, constitute an Executive Committee
consisting of the President as ex-officio member and such other number
of others members, elected by the Council form amongst its members, as
may be prescribed.
(2) In addition to the powers, duties and hnctions conferred, imposed and
enineted by this Act, the Executive Committee shall exercise suchpowers,
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.
(3) The President shall be the ex-officio Chairman oftheExecutive Committee
12. Fee and allowances to members of the Council and of the Executive
Committee:
There shall be paid to the President, the Vice-President and other members of
the Council, ad to the members of its Executive Committee, such fees and
allowances for attendance at meetings, and such reasonable travelling allowances,
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) Registration fees received from the practitioners;
b) Grants received from the Government, if any; and
c) Any other sums raised by the Council.
(2) It shall be competent for the Council to incur expenditure for the following
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 of the
Executive committee;
c) Remuneration paid to the assessors; and
d) Such other expenses as are necessary for performing the duties and
dischargmg the functions under this Act
14. Appointment of Registrar and lor Deputy Registrar of the Council, their
duties and functions:
(1) The Council shall, with the previous sanction of the Government, appoint
a Registrar andior a Deputy Registrar. He shall be a qualified medical
graduate as prescribed in Schedules I, I1 and 111 of the Indian Medical
Council Act, 1956 (102 of 1956).
(2) The Executive Committee may, hmtime to time, gmnt leave to theRegistrar:
Provided that if the period of leave does not exceed one month, the leave
may be granted by the President.
3) During the temporary vacancy in the office of the Registrar due to leave or
any other reasons, the Deputy Registrar, shall act as Registrar. In case of
non-availability of Registrar and Deputy Regisbar the Executive Committee
may, with the previous sanction of the 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 forthe 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 Government.
(4) The Council may, with the previous sanction of the Government, suspend, -
dismiss or remove any person appointed as the Registrar, or impose any
other penalty upon him in the manner as may be prescribed.
(5) Save as otherwise provided by this Act, the salary and allowances and
other conditions of service of the Registm 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 meetings and names of members present and
ofthe proceedings of such meetings.
(7) The accounts of the Council shall be kept by the Registm, in the psscribed
manner.
(8) The Registrar shall have such supervisorypowers over the staffas may be
prescribed, and may perform such other duties and discharge such other
functions as may be specifiedinthis Act, or as may be prescribed.
(9) The Registrar shall be deemed to be public servant within the meaning of
Section 21 ofthe Indian Penal Code (45 of 1860).
15. Power ofAmend Schedule:
The Nagaland Medical Council shall by notification, amend the schedule so as to
include therein any subject not already specsed therein or omit there any subject
or modify the description of any subject.
THE NAGALAND MEDICAL COUNCIL ACT, 2014
PREPARATION AND MAINTENANCE OF REGISTER
16. Preparation of Register:
(1) As soon as may be after the appointed day, the Registrar shall prepare and
maintained thereafter a register of medical practitioners for Nagaland, 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 with the name of college and university of the registered
practitioner, the date on which each qualification obtained, and such other
particulars as may be prescribed.
(3) Any person who possesses any of the qualifications in the First, Second or
Third Schedule to the Indian Medical Council Act. 1956 ( 102 of 1956 )
shall subject to any condition laid down by or under the IndianMedical
Council Act, 1956, at any time on an application made in the prescribed
fiom to the Registrar and on payment of aprescribed fee and on presentation
ofproofofhis registerable qWcation, be entitled to have his name entered
in the register.
(4)
a) Every person, whose name was entered on a date prior to 1 * May, 196 1 in
Indian Medical Council Register and continued in such register on the day
immediately precedingthe appointed day, shaU be entitled to have his name
continued inthe register prepared under this Act.
b) Withinaperiod of three months fiom the appointed days or such further
period as the Government may allow, the Registm shall publisha 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 payto the ~egistrar Gthe prescribed manner
the prescribed fee if he desires to have his name on the register under the -
AC{ and shall also send individual notice for a like purpose by registered - - -
post to every such person who pays such fee before the expiry of the period
of two months hmthe date of publication of the general notice in the Official -
Gazette shall be enlisted on the register.
(5) Afterthe last date for payment ofthe prescribed fee under Clause (b) of sub-
don (4) has expired and the register prepared inacwrdance with foregoing
provisions is ready, the Registrar, shall publishnotice inthe Official Gazette
and such newspapers as the Council may select, about the register having
prepared, and the register shall come into force from the date of the
publication of suchnotice in the Official Gazette.
(6) Any pcrson servicing or practicing modem scientific systcmofmdicine in
Nqtlmd all be registered wvithCouncil under this Act. \Vtthout regisvation
with the Council my person through qdificd in modem scientific system of'
medicine shall be liablc for action as spccificd by the (lolmcil.
(7) Everyregisteredpractitioner shall be giving acertificate ofregistrationinthe
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 amedical qualification granted by any authority
inany place outside the tenitory of India(0therthanthe qualijicationspecifid
inthe i st, the Second or the Third Schedules to the IndianMedical Council
Act, 1956) shall be registered under this Act, unless the procedure specified
in subsection (2) has been followed
(2) Any person, who holds such m&cal qml&cation, may apply to the Council
for registration by giving a correct description of his qualication, with this
decree, diploma, license or certificate. The Council shall transmit the same
to the Medical Council of India for opinion and shall act according to the
opinion.
18. Persons who may not be registered:
Notwithstanding anything contained in section 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 Indiaregulating
the registration ofmedical 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 ht register from which it was removed.
19. Fee for and certificate of provisional registration:
(1) fmy person who desires to be registered provisionally under Section25 of
the Indian Medical Council Act, 1956 (102 of 1956), shall make an
application in the prescribed form to the registrar and shall pay the prescribed
fee.
(2) Every person whose name in entered in the register under sub-section (1)
shall be giving a certificate of provisional re-tion in the 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 issue certificate of registration in
accordance with the provision of this Act, and the rules made there under
(2)
a) Every Registrar of Deaths on receiving notice of the death of amedical
practitioner registered under this Act shall forthwith transit 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 such certificate and transmission as an expense of his
office.
b) The names of registered practitioners, who die or whose names are
directed to be removed from the register under Section 22 shall be
removed there from.
(3) Any person whose name is entered in the register and who subsequent
to this registration desires to record in the register any change in his
name shall, on an application made in this behalf and on payment of
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 (102 of 1956), any person whose name is entered in the
register and who subsequent to his registration obtains any additional
qualification specified in any of the Schedules to the Indian Medical
Council Act, 1956, shall on an application made in this behalf, and on
payment of the prescribed fee be entitled to have an entry starting such
additional qualification made against his name in the register.
(5) Where it is shown to the satisfaction of the Register that a certificate of
registration has been lost or destroyed, the Registrar may, on payment of
prescribed fee and on furnishing an indemnity bond issue a duplicate
ceacate after due confirmation and approval ofthe Executive Committee.
21. Publication of list of registered practitioner:
(1) At such time, after the publication of the notice under sub-section (5) 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 but not later than three months of
the start of election process.
(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, andnot included in any subsistinglist already printed and published;
b) The names of all practitioners included in any subsisting list, whosename
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 publishedunder sub-section (I), 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 conclusive evidence
in all Courts, and in all judicial or quasi-judicialproceedings, thatthepmns
therein specified are registered are registered according to the provisions of
this Act, and the absence of the name of any person is not registered according
to the provisions ofthisAct.
(5) 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. Disciplinary action including removal of names from the register:
(1) The Council shall have aDisciplinaq Cormnittee comprising of
a) A Chairman to be nominated by the Council;
b) AMember of Legislative Assembly of the State ofNagaland, nominated by
the Speaker;
c) A Legal Expert to be nominated by the Council;
d) An eminent public-mannominated by the Government;
e) An eminent medical specialist in the relevant speciality to whichthe complaint
pertains, to be nominated by the Council; and
Amember nominated by Indian Medical Association- Nagaland branch
with minimum ten years standing
(2) Ifaregisteredpractitioner has been, after due inquiry held by the Council or
by the Executive Committee in the prescribed manner, found gdty of any
misconduct by the Council or the Executive Committee, the Council may
a) Issue aletter of warning to such practitioner; or
b) Direct the name of such practitioner
* To be removed from the register for such period as may be specified in
the aforesaid direction;
* To be removed fiom the register permanently.
Explanation
Forthe purpose of this section aregistered practitioner shall be deemed to be
gdty ofmisconduct if
* He is convicted by acriminal court for an offence which involves moral
turpitude and which is cognizable within the meaning of the Code of
Criminal Procedure, 1973 (2 of 1974), or
* 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 Act, 1956 (1 02 of 1956) in this
behalf.
(3) The Council may, on sufficient cause being shown, direction on any
subsequent date that the name of a practitioner removed under the sub-
section(2) shall be re-entered in the register on such conditions, and on
payment of the prescribed fee, as the Council may deem fit.
(4) 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:-
(5) In holding any inquiry under this section, the Council or the Executive
Committee, as the case may be, shall have the same powers as are vested
in civil Court 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 witness.
(6) A11 the inquiries under this section shall be deemed to be judicial
proceedings within the meaning of Section 193,219 and 228 of the Indian
Penal Code (45 of 1860).
(7)
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
* An advocate enrolled under the Advocates Act, 1961, or
* An attorney of a High Court.
Explanation For the purpose of this sub-section, 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 Council Act,
1926.
b) Where anassessor advises the Council, or the Executive Committee, as the
case maybe, on any question of law as to evidence, procedure or any other
matter, be shall do so in the present of every party or person representing a
party to the inquiry who appears thereat or if the advice is tendered after the
Council orthe Executive Committee has began to deliberateas to its findmgs,
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 cluestion as aforesaid.
c) Any assessor under this section may be appointed either generally, or to
any particular inquj: andshall be paid the prescribedremuneration.
23. Renewal of registration:
(1) ~ohviths&ndin~ anything contained in Section 16 and 20 on such date,
after the date of publication of the notice under subsection(5) of Section
16, as the Executive Committee may, with the previous sanction of the
Government, decide and every five years thereafter, the Registrar shall cause
two notices in the prescribed fiom to be published, at an interval of not less
than thrty days, inthe Official Gazette calling upon in the manner provided
in sub-section (2) all registered practitioners to make an application to the
Registrar for the continuance of their names on the resister.
(2) The Registrar shall, after the publication ofthe first noticeunder sub-section
(I), send anotice 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 Regislra.r for
continuance of their names on the register within forty-five days ofthe date
of the notice. If any of the Registrar shall issue a further notice to such
registered by regisGredpost after the publication of the second
notice under sub-section (1) enclosing therewith the prescribed form of
application to the ~egistri for the con&uation of his name on the register
within thuty days of the date of the Mer notice together with afee as may
be prescribed fiom time to time.
(3) If the application is not made on or before the date fixed by further notice
sent by registered post under sub-section (2), the Registrar shall remove
the name of the defaulter fiom the register and shall inform him of such
removal by registered post
(4) ProvidedthatifanqpliCationfor~~ntinuan~~ofthenamesoremovedkmade
within aperiod of six months hm the date hed by the said Mernotice by
registered post under sub-section(2), the name so removedmay be re-entered
in the register on payment ofaprescribed fee.
24. Appeals:
(1) Any Person aggrieved by any decision of the Registrar under th~s Act may,
within a period of one month from the date on which the decision in
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 (1 02
of 1956) the decision ofthe Council under this Act shall be final.
25. Rights of registered practitioners Notwithstanding anything contained in
laws for the time being in force:
(1) he expressionu llegally practitioner" or "duly qualified medical
practitioner" or any word importing aperson recognized by law as amedical
practitioner or member of the midi& profession shall in all Acts of the
Legislative assemblyofNagaland and all central~cts ( intheir application to
Nagaland) in so far as suchActs relate to anymatter withrespect to whish the -
Legislative Assemblyhas powers to make laws, under Clause(3) ofArticle
230AA ofthe Consfitution, include apractitioner whose name is entered in
the register under this Act;
(2) Everyregisteredpmctitioner shall exempt, ifhe so desires, hmserving on
aninquest.
26. General provision application to medical practitioners:
The provision of this Act are in addition to, and not derogation ofthe provisions
of the Indian Medical Council Act, 1956 (102 of 1956) containing general
provisions applicable to all medical practitioners.
27. Penalty for falsely claiming to be registered:
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 reasonable calculated to suggest that his name is so entered, he
shall, on conviction, be punished with fire which may extend to five thousand
rupees.
28. False assumption of MedicalPractitioner of Practitioner under this Act to
be an Offence:
Any person who falsely assumes that hi is medical practitioner or practitioner as
defined in Clause (6) of Section2 and practices themodern scientific system of
medicine, shall be punishable with rigorous imprisonment whichmay extendup to
three years or withwhichmay extend up to Rs. 20,000 or with both.
Explanation- Under this section, punishment can be awarded only to medical
practitioners as defined in section 2(6) of this Act and no punishment may be
awarded to any one practicing Veterinary medicine or Veterinary surgery or
Homoeopathic or the Ayurvedic or the Siddha or the Umi System of Medical or
those holding BAMS or BIMS degree.
29. Court competent to try offence, under this Act and take cognizance of
offence:
(1) No court other than the court or a Metropolitan Magistrate shall take
cognizance of or try an offence, under this Act.
(2) No court shall take cognizance of any offence under this Act except on a
complaint in writing by an officer empowered by rules made in this behalf
30. Control of Government:
(1) If at any time it appears to the Government thatthe Council or its President
and V~ce-President has failed to exercise or has exceeded or abuse any powers -
conferred upon it or him or under this Act, or has ceased to function, or has
become incapable of functionin& the Government may, ifit considers such failure,
excess, abuse or incapacity to be a serious character, no* the particulars thereof
to the Council or the President or %ce- President, as the case may be. If the
Council or the Presidenf or the VicePresident, as the case may be, fails to remedy
such failures, excess, abuse or incapacity within such reasonable time as the
Government may fix in this behalf, the Government may remove the President or
or dissolve the Council for a specified period, as the case may be
, and in case of dissolution of the Council, cause all or any of the powers, duties
and function ofthe Council to be exercised, performed and discharged by such
registered practitioners or practitioners as the Government may appoint in that
behalf:
Provided that new Council shall be constituted before the expiration of a
period of two years &om the date of its dissolution.
(2) Notwithstanding anything contained in this Act, or in the rules made there
under, if at any time it appears to the Government that the Council or any
other authorities empowered to exercise any of the powers or to perform
any ofthe duties or functions under this act, has not beenvalidly constituted
or appointed, the Government may cause any such powers, duties or
functions to be exercised or performed by such person or persons, in
such manner and for such period not exceeding six months and subject to
such conditions, as it thinks fit.
31. Rules.
(1) The Government may, by notificationin the Official Gazette, and subject
to the condition ofprevious publication, make rules to carry out the purpose
of this Act. Such rules may be made to provide for all or any matters
expressly or allowed by this Act to be prescribed by rules.
(2) In particular, and without prejudice to the foregoing power, the
Government may make rules for all or any ofthe following matters namely:-
a) The time and place at which and the manner in which the election of the
Members, and of the President and the Vice-President shall be held under
sub-section (4) of section 3 ;
b) The manner in which the meeting of the Council shall be convened, held
and conducted under sub-section(1) of Section 8;
c) The powers, duties and functions of the Council, the condi-tions subject
to which they shall be exercised and performed; and regulation of
professional conduct of practitioners by a code of ethics in accordance
with Section 10:
d) Number of elected members who shall be elected by the council from
amongst its Members for constituting the executive Committee and also
the powers and duties and functions of the council as may be delegated
buthe Council to be exercised, performed and discharged by the Executive
Committee, under the provisions of section 11;
e) The fees and allowances payable to the President, The Vice-President
and other Members of the Council, and not to the members of its Executive
Committee under Section 12.
f) The salary and allowances payable to the Registrar and other conditions
of senice of the Registrar, manner of maintenance of the accounts of the
Council by the Registrar, supervisory powers of the Registrar over the
staffand duties and functions as may be specified in Act, which may be
performed and discharged by the Registrar;
g) The conditions of service of the officers and staff of the council under
sub-section (3) of Section 14;
(i) The post of RegistrarDeputy shall be permanent. The post of Registrar
shall be inthe basic pay equivalent to the basic pay scale of Cluef Medical
Officer of the State services and the post of deputy Registrar shall be in the
basic pay scale equivalent to the basic pay scale of Deputy Director of the
State Health Services.
i) The Council shall be in the appointing authority for the post of Registrar1 -
~e~uty ~egistrar and the ~eg&&ariDeputy ~egistrar shalibe ?he appointing
authority for all other appointments in the Co-mcil.
(ii) The post of Registrar shall be filled by the Council by promotion of Deputy
Registrar. Registrar shall be filled by direct selection by tile Council fioii~
amongst suitable candidates lliiving minimum qu~caii~~: ofM.5.B.S. \. 11
minimum often years experience after M.R.B.S. in GovernmenUPublii:
SectorPrivate Sector or Practice, and with n-um age iu~ii'i of fifty y~t~~trs
on the date of application, candidates with Post-Graduate qualifications
shall be giving preference.
(iv) The Registrar/Deputy Registrar shall draw allowances equivalent to
allowances admissible to similar post in the Government like dearness
allowance, house rent allowance, city compensatory allowance, transport
allowance, conveyance allowance, non-practicing allowance, academic
allowance, Post-Graduate allowance, travelling allowance, daily allowance,
etc. The leave entitlement and travelling entitlement shall be similar to that of
Government in similar posts.
h) Preparation and maintenance of register of medicai practitioners, the fionl
of such register, particulars including the name, address and qualifications
etc. of the registered practitioners to be entered in the register, prescription
ofthe fonnof application and ofnotice to be published in the Official Gazette
and newspapers to have names registered, prescription of fees to be paid
for such entry and the manner ofpayment, prescription of form for sending
individual notices, prescription of form of certificate which shall be given to
registered practitioner under Section 16;
h) Prescribing the form of application for provisional registration, fee payable
for such registration and prescribing form of certificate of provisional -
registrationunder section 19.
J) Prescribing offee for recording change of name in the register, prescription
of the fee payable for entering additional qualification in the register and
prescription of fee payable for issue of duplicate certificate of registration
under section 20;
k) the form of the list of Registered Medical Practitioners and manner of the
publication of the list under section21;
Q manner for taking disciplinary action etc., against registered practitioners
by the council or by the executive committee, conditions subject to which
and the fee forre-entering the name of a practitioner in the register and the
remuneration to be paid to an assessor under Section 22;
m) form of notices and form of application for renewal of registration by
Registered Medical Practitioners, fee payable for re-enby of name which is
removed from the register due to non-renewal under Section23;
n) the manner inwhich appeals against the decision of the Registrar shall be
heard by the Council under Section 24;
o) officers who are empowered to make a complaint under sub-section (2) if
section 29;
p) Any other matter whlch is to be, or may be, prescribed under this Act.
(3) All rules under this section shall be laid for not less than thirty days
before the legislative Assembly of Nagaland as soon as possible after
they are made and shall be subject to rescission by the Legislative
Assembly or to such modifications the Legislative Assembly may make
during the session inwhich they are so laid or the session immediately
following.
(4) Any rescission or modifications so made by the LegislativeAssembly of
Nagaland shall be published in the Official Gazette and shall thereupon take
effect.
32. Code of conduct and ethics:
The Council shall follow the conduct and code ofmedical ethics as prescribed by
the Medical Council of India ftom time to time.
33. Power to remove Difficulties:
(1) Ifany difficulty arises in giving effect to the provisions of this Act, the State
Government may, by order, not incon-sistent with the provisions of this
Act, remove such difficulty.
Provided that no such order shall be made after the expity of the period of
two years from the commencement of this Ad.
(2) However, order made under this sectioExcerpt shown. Open the full act in Lexace.