LexThe Odisha Medical Registration Act, 1961
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The Orissa Medical Registration Act, 1961
Act 18 of 1961
Keyword(s):
Hospital, Medicine, Registered Practitioner, Doctor
1. Short . , title, extent and commentxment
-.
2. ~efinitihns .
, 3. Establishment . of , Orissa Count31 of Medical Rigi~tratim
4. Constitution of tho Council .
. . '.
5. Unre&r~d h~ctitionernottobea-mem~ .
6. ~is~uhlifi&ons for being elected or nomihied as a meinber
7.- Tam of ~ffict of members
. -
8. Nomination of in default -of eltdtion . ., .
9. ~u6liafion of mmb of members
13. Went and ~im~rt$i&at ..
. *
14; Exenrtive Co&ttw , .
18. Ordin by Council for maiateaaa~a of rcgistez of regktered pradltimats , .
. r9. Mahtenaaca of register by Registtar
20. persons referred to in the Schedule entitled to be res;stered
21. Infomation to ba fumishad .to the Registrar ,with application for R+bation
a. AmLditm~fee, +, . . -.
23. ~nfrydfne~~ipli6cafioasimtheregMet * .
S~ONS . -
, 25. ~rovisichal registration of- candidates of U~IA. university for clinical practi~s
. .. . '26. Power of Council tb call for ertain info-tion from authotities - of Medical
College-or School included in the Schedule.
' 27. Powers of coancil to direct removal of names from register, and r~ntry of names
A
thcreh. . .
28. Effect of r&ovd of name from register . - - . . . . .
29. Removal of fraudulent and incorrect entries -
30. Appml to.the Council from decision of Registrar
31. Appeal to the state Government from decision of Council ..
32. Noti= of death a& remoM of' name fmm the regiski
, .
33. Pdty on u&egktersd pars- ~eprcsen* that he is togistd
. ' 34. Penalty for failure to surrender oefi& of iegktrhtion . - .-. .
35. Commction of niferesces in Acts to Madial ~ractitio&q
36. Unregistered persons not to hold ceh appoint-
37.- Publication and use of Mdcal Iist .
3b. Disposal of feas
.' . . .
39. Bir to suits and other legal procbedings
40. Rul& and Regdatioas
'[ ORISSA MEDICAL REGISTRATION ACT,
1961 1
[Received the ussent of :he Governor on the 3rd Elo vember
1961, jrsr published in an extraordinary issue 01
the Orissa Gazette, dated the 10th November
1961 1 , .
AN ACT TO PROVIDE FO$L THE REGISTRATION OF MEDICAL
PRACTITIONERS
WHEREAS it is expedient to provjde for the
registration of medical practitioners' in the State of
Orissa and for matters co~eeted therewith ;
It is hereby enacted by the kgislature of the
State of Orissa in the Twelfth Year of the Republic of
India as follows :- ..
1. (I) This Act may be called-the Orissa -Medics txht short title, and , %
Registration Act, 1961. . . , comm~nce
mant.
(2) It extends to the whole of the State of Orissa.
I
!
(9 ~t shall come into force at once: .I I
Provided that section 33 shdl come into force2 on
suchdateasrnaybeappointedinthisbehalfbytheState .
Government.
2. In this Act, unless' the context otherwise Dchitious -
requires -
(i) "Council" means the Council established
under section 3 ; .. t-
(ii) "hospital", "asyfu ms", "infirmaries", "dis-
pensaries", "lying-in-hospitals" mear.
institutions where the methods of treatment
carried on are approved by the Council j
established under this Act ; - -. .,
1. For the Sbtmknt of Objects and %&om, ste Ofism Cazett~, Extra-
orbinary,dattd the 2nd Sspte'mbcr 1961 (NO. 624) an4 for Report of Stlet . ,
Committct, deeibid,. datd the 25th September I9613No. 656).
- .,
2.Seclion 33 carpe into'force with efkct*fronfht IstDcmrter 1967-
vide Not ifidtion NO. 1697aH. daltd the 3lst.August 1967- publkkd in orisso Gautte, Part Xlt dated the End S~ptcm~r 190, P. 1 122. . , . p
. . , .
374 TEE WSSA MEDICAL REG~STRATION ACT, 1 96 1 [ Or. Act 18
(iii) "~xdicine" means the modern scientific
medicine and 'includes surgery and obstet-
rics, but does not include Veterinary medi-
cine or Veterinary Surgery or the Homeo-
pathic, the Ayurvedic or the Unani system
of medicine; and the expression "Medical"
shall be construed accordingly ;
(iv) "register" means the register prepared and
maintained under section I8 ;
(v) "Registrar" means a Kegistrar appointed
under section 17 ;
(vi) "Registered practitioner" means any person
registered under the provisions of this Act ;
and
(rii) "President" and "Vice-President" mean
respectively the President and the Vice-
President of the CounciI.
Elhblish.
acnt of 3. A Council shall be established and called "the
Or& Orissa Council of Medical Kegi.;trstion3 and such
gg:i,~f Co~lncil shall be a body corporate and have perpetual
hgisrralion. SUCC~SS~O~X and a common seal and shall by tile said
name sue and'.& sued.
Constitution
OF the 4. (1) The Council shall consist of the following
co,;t members, namely :-
'[(a) one member to be elected by each of the
Academic Councils of the Utkal University,
the Berhampur University and the Sarnbal-
pur University from amongst the members
of their respective Faculty of Medicine;]
(b) one member to be elected from amongst
themselves by such members of the staff of
each of the Medical Colleges.of the State
as are -registered practitioners ;
j~) three members to be elected- by the registered
practitioners from amongst themselves :
Provided that at least two of such members shall
be pwhso ns not in the serrvice of any Government;
(J) [our members to be nominated by the State
'Govzrmenst. --
I. Subrtitutd by the ~rism~did mtmion (hmcndment ) Act,
1972 { 0:. 43 8 01 lg?'!, ,. 2.
(2) If a person is elected as a member under more
than one of the cIauses of sub-section (I), he shall
within such period as may be prescribed by rules made
in this behalf, inform the Registrar under which of
the clauses he ,desires to be treated .as elected and
thereupon he shall be deemed to have been elected
under (that clause and the seat to which he was elected
under any other clause shzill be deemed to be vacant.
Until he so informs. the Registrar he shall not be
entitled to act as a member, and in the event of his
failure to inform the Registrar: within the prescribed ' .
, . period every seat- to which he was elected shall be
deemed to be vacant.
(3) In making nomination urider clause (d) of
sub-section (I) the State Government shall have due
regard to the claims of women, medical missions, and
other groups. of practitioners, representatives of which
have not been elected by the electorates referred to in
clauses (a) to (c) of the said sub-section.
5. No person shaI1 be eligible to be a member of umtgisted
practitioner the Council unless he is registered under this Act. no,tobcr
i
I
member.
6. A person shall be disqualified for being elected ~~~1~~
orwminatedasamemberoftheCounci~,ifhe- wng~Iectad
or nominated
(a) has been sentenced by any court for any non- as a maher.
badable offence, such sentence not having
been subsequently reversed ot qkshed ;
(b) is an undiscbar~ed ii~solvent ; or
(c) is not a citi-ren of India either residing or
carrying on his profession or employed in
tlie State or Orissa :
Provided th~t the disqualification under
clause (a) may be removed by the State Govern-
ment by an order made in that bekialf.
7. (1) The term of o%ce of a member electedT=m of
or nominated under sub-section (I) of section 4 ~~~D~~
or nomina2ed under section 8 shall commence from
the drite o'f publication of his name under section
9 and shall subjcct to thc pruvisions of sections 10
and 11. exte~ld to a period of three years from such
(Secs. 8-10)
date, and shall include any further eriod which
may elapse between the expiration oft g e said period
of three years and the date of the fist meeting of
the newly constituted Council at which a quorum
is present.
(2) Any member shall, if not disqualified for
any of the reasons mentioned in section 6, -be eligible
for re-election or re-nominatibn at the end -of his
term .of office.
Nomipa~ion I. lf any of the electoidi bodies kfemd to
** qs i, clauses (a), (b) and (c) of $ub-section (I) of section
. ; . '$$!!It Of 4 fails by such date as may be prescribed by rules
- made in that behalf to eIect a member, the State
Government shall nominate a member in his place
and an? --person so nominated shall be deemed to
bz a member as if he had been duly elected by such
body.
. .
P ybllcRtion 9. The name of every member elected or nomi-
of nated under sub-section (I) of section. 4 or section
gGf (I 'shall be published in the Gazette.
cmqjpq. o~ 10. A member of the CounciI shall be deemed
mwp- to have vacated his seat-
(i) on sending his resignation in writing to
the President or the Registrar ; or
(ii) on his absence without excuse, sa-
cient in the opinion of the CounciI,
, . fibom three consecutive meetings of the
Council-; or
(iii) on his absence out of India for six con-
secutive months ; or
(iv) on his .becoming disqua~fid for eIw
tiou or nomiation as a member for
any of the reasons mentioned in sec-
tions 5 and 6 ; or
II(v) in case he was eIected under clause (a)
or (b) of sub-section (I) of section 4,
on his ceasing to be a member of the
Faculty of Medicine af the University
or to be a member of the Medical Col-
lege, as the case may be, which ha
represents.]
1. Suhtit~tsd by tho Orissa Medical Registration (~mtn&tnt) Act, 1972
(Or. Act 8 of 1973, a 3.
11. (I) If any member dies, or ceases to be Va*nw not
to in-t!datc
a member as provided in section 10, the President proatdink
shall forthwith report the fact of the vacancy to the yacancieS. andfiJ'!ng of
State Government and the vacancy shall be filled,
as soon as possible, by a fresh election or nomina-
tion, as the case may be, under sub-secti0.n (I) of
section 4. . ..
+ (2) The so elected or ndmioated shall
hold office for the unexpired remainder of the term
..
for which such member would otherivise haw . .
-continud in offie. -
(33 No act or proceeding of the ~ouncil . or of
its members shall be deemed to be invalid by
, reasoqonly ofany vacancy inthe membership, . . .
12. The Council may pefmit any member to Leave of absence of '
absent himself' from any meeting of the Council ,,k,+
for any period. not . exceeding six months.
13. (1) The members of the Couneil shall,~~+nt
at their first meeting after the publication referred g;;;:
to in section 9, elect from amongst themselves a
President and a Vice-President in such manner as
may be prescribed by rules made in that behalf.
(2) The aforesaid meeting shall be convened
and conducted in such manner as may be pres-
cribed by rules made in that behalf
(3) The President and the vice-president may
~esign their oEce by addressing a letter of resigna-
tion to the Council and the President respectively,
which shall be placed before- the Cduncil at its
next meeting and such resignation shall take effect
from the date on which it is accepted by the Council.
(6 The President or the Vice-President shall
be deemed to have vacated his office if he eases
to be a member of the Council.
(5) As often as the office of the President-or
the Vice-President becomes vacant by reason af death,
resignation I.; or othenvise, the Council shall eJect
another mdmber to be the President or Vice-Pre-
aident, as the case may be, in such manner as may
be prescribed by rules made in that behalf.
378 THE OIUSSA MEDICAL REGISTRATION ACT, 1961 [ Or. Act 18
(6) The President and the Vice-President shall
perform such functions as may be prescribed by
-rules made in that behalf. '
Executive 14. (1) There shall be an Executive Committee
Cornmifin. of the Council .which shall perform such functions
. .. . as may be delegated to it by the Collncil.
(2) h he Executive Committee shall consist of
the President and the V-ice-President and.three other
members to be elected by the Council.
(3) The President and the Vice-President of
the Council shall be the President and the Vice-
President respectively of the Executive Committee.
(4) The term of office of an elected member
of the Executive Committee shall be one year from
the date of 'his election' but subject to his being a
member of the Council he shall be eligibIe for re-
election to the Executive Committee.
(5) No business shall be transacted at any
meeting of the Executive Committee unless at
least three members are present.
(6) The Council may make regulations for
the conduct of business of the Executive Committee.
Payment of 15. There shall be paid to the members of the
r=and Council such fees for attendance at meetings of trsvelling sxpensesto the Council or of any special Committee or
memh. Executive Committee thereof and such reasonable
travelling expenses for su~h atterldances and for
such journeys undertaken in the discharge of theit
duties under this Act, as may from time to time
be allowed by the Council and approved by the
State Government. I
lr~tctings 16. (1) The Council shall make regulations
to regulate-
(a) the time and place at which their meetings
"shall be held ;
(b) the issue of notices convening - slwh
abeetings ;
(c) the conduct & business thereat ; and
(d) the appointment, powers, duties and
conduct of business of Special Com-
mittees :
Provided 'that. -
(i) no business shall be transacted at any
meeting of the Council unless at least
five members are present ; and
(ii) save as provided in sections 20 and 27
all questions arising, at any meeting of
the Council shall be decided by the
votes of the majority of the members
pwsent and voting and in cask of an
equality of votes by the casting vote
of the member presiding at the meeting.
(2) Until such time as the regulations rderred
to .in sub-section (I have come .into operation, it
&all 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.
17. (I) With the previous sanction of the Wea*8istru.nd
Government the Council - aotablish-
mont for
ti& Council.
(dshall appoint a Registrar ;
(b) shall pay to the Registrar and to the person,
if any, appointed to act in his glace,
such salary and such alIowances as ths
Council may determine ; and
(c) may appoint such other employees &
they may consider necessary for carrying
out the purposes of this Act, and shall
pay them such salary and such aIIowance
as they may determine.
(2) The Registrar ''shall act as Secretary to the
Council an4; shall have the right to speak in and
otherwrise taw part in the proceedings of the Council
or any Committee thereof but shall not have the
right to vote.
(Secs. 18-20)
13) Every person appointed under sub-section
(I) shall be deemed to be public servant within the
meaning of section 21 of the Indian Penal Code. 45 of 1860
Orders by 18. (1) The Council shall, as soon as may be
COuncuOr and from time to time as occasion may require, mainten oocc
ofregirttrof make orders for regulating the maintenance of a
register of registered practitioners. practit~ooerr.
(2) The register shall be kept in such form as
may be prescribd by rules.
Mainknance 19. (1) The Registrar shall keep the register
of ,,,,,,,,,jn register accordance with the provisions of this Act and of
any order made by the Council, and shall from time
to time, make all necessary alteration in the regi-
stered addresses or appointments, and the registered
qualifications or titles of such practitioners and
cause the name of any practitioner who has died,
to be removed from the register.
(2) In order to fulfil the duties imposed upon
him by sub-section (1) the Registrar may send through
post a letter to any registered 'practitioner addressed
to him according to his registered address or appoint-
ment enquiring slhether such practitioner has ceased
to practise or whether his residence or appointment
has been changed ; and if no answer to any such
letter is rwived within a period of six months from
its -despatch the Registrar may remove the name of
such registerd practitioner from the register :
Provided that any name removed under this
sub-section may be re-entered in the registg under
the direction of the Council-.
Pasons 20. Every person who possesses any of the
rered to in qualifications referred to in the Schedule shall,
the. enbtlcd Sch"dde-s~bject to to the provisions hereinafter contained,
bcrcgistered and on payment of such fees as may be prescribed
in this beW by regulation, be entitled to have his
name entered in the register :
Provided that the Council may refuse to permit
the registration of the name of any person -
(a) who has been sentend by any wurt
ifor any non-baiIable ogence, such sentence
not having ken subsequently - rcveffad
or' quashed ; or
(b) whom the Council,. af& due enquiry, at
wh.ich an opportunity has been given
to him to 'be heard either in person or
through an agent and which may, in the
discretion of the President, be held in
camera, has found guilty, by a majority
of two-thirds of the members present
and voting at the meeting' of any in-
famous -conduct in his profession i
. - ~iovjded that the djsquficatiod under clause
(a) may be removed by the State Government by
an order niade in tha! . behalf-
21. Every person who applies ta have his name E~Q~;AY
entered in the xegister; - . nhhedtotbe*
(a) .must satisfy the Registrar that fie is pos- with ~tsitmr appli-
sessed of sGme title or qualifxation tion for
referred to in the Sohedule ; and- ~cpiamtiorr.
(b) must wkre~tly inform the Registrar of
the dates on wbich he obtain@ he titles !
or qudl%cations- which entitle him to
, claim registration under this Act. I
22. (1) Notwithstanding anything '~ntained in %%I, f_ 1
sections 20 and 21 every registered practitioner shall
pay to the CounciI such annual renewd fee as-may
bc prescribed in this behalf by regulations for
continuance of his name on the. register.
(2) If the rcnew.al fee .is not paid before the
date to be appointed for the .purpose by the Council
the Registrar shaU remove the name of the defaulter
from the register :
Provided that the name. so removed may be
re-entered 'k the register on payment of the renewal
fee in such manner and subject to such. con&"tions
as 'may be prescribed in tbis behalf by regulations.
23. (I) If any person whose name is entered in:::gd$zs
the register - obtains any medical. qualificatim other m tb,
than the qu&cation in respect of which he has been remm- '
registered, he shall; on. pay,ment of such Pee as may
be prescribed in this behalf 'by regulations -
(a) if . such quamcatioy be a .quaLifcation
included in the Schedule; be entitled to
have such quaEcation entered against .his
he in the re$ster either in substitution
for 'or in addition to any entry previ-
ously made ;
. 382 TH8 ORlSSA M~ICAL REOIS?RATION ACT,. , . 1961 .[or; Act 18
(Sec. 24)
(b) if.such quahjbtion be a qualification not-
included in the Schedule, be entitled
to have1 such qualification entered against.
his name in- the register as. an 'additional
qualification provided such qualiE~a-
tion is included. in the list prepared under
. sub-section (2).
(2) The Council shall, from time to time, pip
pare - a list of qualihations ( not being . qualifications
mcluded in -the Schedule) , which may be approved
by them 'for the -purpose of this section. ,
~nmdm~l*. 24. (1) If at .any time the Council is satisfied .-
of Sobedub.
(a) that any title granted or qualification
certified by any University, Medical
.Curporation, examining body or other .
institution, is a sacient guarantee that
persow - possessing such tide or quafi-
. fication' possess the, knowledge and skiU
requisite for the e$ici,ent practise of
medicine, surgery and midwifery. ; or
(b) thiit any title or qualificati~n refkrred to
' in item 2 of the Schedule is mi sacient
. . guarantee as aforesaid, they may -make a
report to that effect to the State Govern-
, , ment who may, if they- think fit, there .
upon direct, by' . notificatibn- d
(0 in the case of clause (a) that the pos-
session .~f , such title or quafificition
shall, subject to the provisions here-
inafte~ contained and on payment
of such fees as may be prescribed in
this belialf by ' regulahons, entitle
any 'person to have his name entered
in the register ; or
. .
(ii) in the case of clause (b) that the-
'/ possession of such, title or q'ualj-
ficittion shall not entitle aoy person
to have his name entered. in the
register, '
(2) On the 'issue of such notification such tittle br
qudiiication shall be deemed in the mse of clause (a)
A
of subsection (I) tol be-covered by, and in the case
of clause (b) thereof to be excluded from the said
item. -
25. If .the courses of study to* be Undergone for Proviji6im registiation obtaiaing a recognised medicar quacation of the or cand-
Utkal University include a period of traning after a $%&
person has assed the qualifying examination and v-I~. for
.hefore su2 qualification is conferred on - him, =,
any such person shall, . on - application made by him
and on ayment af such fees as -may be prescribed
t in this ehalf by regulations, be entitled to have his
name entered provisjonally in the register in order
to -enable him to practise medicine in an approved
institution for the period aforesaid. . ,
-.
26. (1) The Council - shall have pawer to arU Pdwdr ~t Cad16 '. -on the authorities of any examinin body included a11 tor
8, in'or desirous of being included in t e SchedWG ,
from a*
rids ot
(a) to furnish such reyurrs,, returns:-or -&he Mdd , .coUegs or
. .
information as the Coucil may. rtquire
to enable it to judge the standard of tho f
examinations held by .such body and bf
. . the efficiency . of the - instruction given
in the Medical Colleges arid Schbols- or
institutions where . ~didates for the
- examinition by such body are train4 ; or '
- (b) 'to provide facilities for enabvng- any
member of ' the Cobcil -deputed - by'
thk CounciI in this behalf. to be preseht
at the examinations to be' held by such
examining body.
(2) The Council shall have power to inspect
any Medical GolIege or School or institu-
tion where candidates for examination by 'such
examining body are trained and may for this purpose
appointa special. ~omrmttee of not more than three
mernbefs of the CounciI to inspect my such Mdcal'
College or S~hool or institution and submit
a 16~ort in regard thereto to the Council.
Powers of
CaunciI to
ditM
mmoval of
nsmes from
registor, and
re-entry of
. namas
thetdn.
2f. The- Council may direct-
(a) that the .name of any registered practi-
tioner-
(i) who has been sentenced by any court
for ' any oon-bailable, offehce, such
sentence not having ' been subsequently
r.evvrse or quashed; or
(ii) whom the Council after due enquiry -
conducted as provided in cIause (b) -
of section 20, have found guilty by
a majority ' .of two-thirds of the
members 'pr~ent and votitg at the
meeting, of ,an ififarnous conduct in
his profession ;
- . be removed from the. register of registered
practitioners or that ther ptactitioner be
. , : warned ; and
(b) that any name so removed be afterwards
.re-entered in the register :
Provided . that the, disqualification under sub- -
+- clause (i) of. clause (a) may be removed by the State
- G~vernment..by-anorder madeinthat bebar.
+ EKOC~O~ ' 28. .(I) A registerid practitioner whose name has
been removed from the register under clause (a)- of
egistar. section 27 shall forthwith sutrender his certificate of
registration to the Registrar and the name so- removed
shall be published in the Gazette.. ..
(2) If. the name of a registere-d ~ractitioner
removed under clause (a) of section 27 is afterwards
reentered in the register as provided in caluse (b)
. thereof, the fact of such re-entry shall be published .
in the Gazette and. the certificate of registration shall
be returned to the registered practitio:ier by whom -. it was surrendered.
omo oval of
raudulenr 29. ey entry in the register whieh ' is proved to -
;t,;epFt the satisfaction of the Counn'l to have been frau-
- dulently dr incorrectly made, may be removed or
corrected under an order in writing of the Council. A
,
( Sets. 30-34 )
30, Tf any. person is aggrieved by any decisibh. of A~~I to
the Registrar refusing to enter the name or any /:$+$in
title or qualification of such person in the register, ofRegistrar.
he may,- at any the within' three months from the
date of intihation of the same, appeal to ihe .Council .
whose decision shall be final.
31, (2) An appeal shall 'lie to the - State Govern- ~1ip-1 to .
ment from every decision of ,the CoUncil, under tbt Govarnmtn - Shtate t
section 20 or sectibn 27. from dd-
sion of .
Coupeil.
- (2) Every appeal ,under sub-section CJ) shall
' be-preferred witbin -three months from the date' . . of - such decision.
32. (1) Every Registrar of Births add ' Deaths Notice of
death and
, who receives notice ofthe deathofany perso? whose removal of
name he knows to' have been entered iri the register, name from
shall forthwith transmit by post to the Registrar a Ihb Ttgik8*-
certificate of su'ch death, signed by him and stating '
particul&rs of the time and place of death.
(2)~Onreceiptofsuch ceMcate or any oth&
reliable information regarding ,such death, the
Rkgistrar shall remove the name of the . deceased
person from the register.
33. If any whos:: name - is not entered in .on
tbe register, is found to practise medicine or uses zgzd
in 'cbnaection with his name qr tifle any words or ~rescntipg
letters. representing that hEs nwe is so entered he ra~i~t~r~d. thatbt 1s
shalt, whether any person -is actually deciived .by
such representation or not, be punjsh&bk, on comic-
tion by a Magistrate of the First Class, with he
which' may extend to three hundred rupees.-
*
,34. (1) If any registered practitioner whose -name for
bas been removed from the register under clause (a)
pf seaion - 27 fails without sficient tau= to sur- oa~mto of '
render his certificate of registration he shall be reaV"tiOn
puaishabIe with fine which may extend to Mty rupees.
(2) Cognizance' of an offence .ponishable ukder
this section shaU not be taken except upon.
- made by an order of the Council.
386 THE OKESA ME DICAL REGISTRATION ACT, 1951 , [Or. Act 18
-Coastruetion 35. Thb expressions "I egally qualified medical
rermnces practitioner" or "duly qualified medical practitioners" in Acts to
Meaid and all other expressions importing a person recog:
Pmitiaws. nised by law as a Medical Practitioner or a member
of the Medical Profession as used in any Act which
is in force in the State of Orissa shall be de.emed.to '
mean a 'Mt.&cat - Practitioner registered under this
Act ; and no certificate required to bc given by any
.. Medicql Rracti tioner or Medical Officer under
- . - any Act which is in force in the State of Orjssa,
shall be valid unless such practitioner or officer is
registered under this Act. . .
Unregistered 36. (1) Except with' the special sanction of the
pcnons not State Government no person other than- a registered
to hold
- , pracGtioner shall be zompetent to hold any. appoint-
av~ointmcnt. vent as a Professor of Medical College-or School, -
.or as Medical Oficer- of HealtIz, or as a physician,
surgeon, or other Medical Officcr in any hospital,
Asylum, i nfurnary, dispensary or lying-in- hospital
which is sup orted partially or entirely by public
2 or local fun s, or .which is under the supervision of .
" the State Government.
(2) Any ap' ointment made in contravention
P of sub-sectior! ( ) shall be void and illegal.
Publication 37. {I) The ~edstrar shall, after the expiry of
use qf every period of three years on or before a date to be -
MdDJht. fixed in this 'behalf by thi 'Council. cause to bd .
printed and published a correct list of the names for
, the time being entered in the register setting forth
(a) all names entered in the register, arranged
in alphabetical order, accordng to the
surnames ;
' (bl the registered address or appointment ox
each person whose narne is entered in the
register ; and
(c) the registered titles and quaucations of
'i each such person represented ' by the - ,
abbreviations thereof and the year in
which each such title was granted or each .
. such qumcation was obtained.
(2) The Registrar shall, on the expiry of every
year, other than the, year in which a list is printed
and published under sub-section (I) on or before a
date to be,ked in.this behalf hy the Council, cause
- to be printed and published a list supplementary
thergo, containing additions and alterations in - the
register, since the publication of the list under sub-
section (]).
(3) It' shall be presumed that any person whose
name is entered in the latest list printed and published
under sub-section (I) read with the latest list supple-
mentary thereto, if any, printea and published under .
sub-section (2) is duly registered under this .Act, and.
that any person whose name is not so entered is not registered under this Act:
Provided that, in the case of any person whose
name does not appear in the lists aforesaid, a cedi-
fied copy signed by *the .Registrar, of the entry' of
the name of such person in the register of Registered
- Practitioner shall be sufficient evidence that such
person is registered under this Act.
38. All fees received by the Council -.dm this Disposal of
Act sball be applied for the purposes of this Act infx. . accordance with such rules #as may be made by the
State Government.
39. No suit or other legal proceedings shall liesat t~aiu
and other in respect of any act done in the exercise of any power I,,, ,, coderred by this Act on the State Government or mdings.
the ~o~fld or any committee of the Council or the
Registrar.
40. (I) The State Government may from time Ruler sad
to time make +rules for carrying out the purposes R"Nakv.
of this,Act.
(2) In particular, and without pqejudice to the :
gehcra~ty of the foregoing power, the State Govern-
ment may make rules-
(a) pre~cribing the manner .of election under .
+ sedtion 4 ;
~b) prescribing the pthd under sub-section (2) . .
of section 4 ;
388 ORISSA MEDICAL REGISTR~T~ON 'ACT, 196 1 [Or, Acl I
(c) prescribing the manner of election of the
President or Vice-president referred to
in sub-section (I) of section - 13 and the
manner of filling up . vacancies referred
to in sub-section (5) of that section 'and
the functions to be performed by the
President and tht: Vice-President ;
' (d) prescribing the manner in which the first
meeting of 'the Council referred to in
section 13 shall be convened and conducted ;
(e) to prescribe the form of the register of
Registered Practitioners to , be maintained
- under this Act ;
Cf) to regulate the application .of fees under
section 38 ; and
(g) to regulate ,the procedure to be followed
-by the Council in conducting any enquiry '
under this Act and disposing of appeals
from the decision of the Registrar.
(3) 1n addition to .the power conferred by sub-
section (6) of section 14, section 16 and sub-section (1)
of section ' 23 the Council may, with the previous
sanction of the State Government, make regulations-
, (a) to prescribe the fees chargeable- in respect
of any registration under this Act ;
Ib) to regulate the keeping of accounts of
such fees ; . .
(i) to regulate the management of contributoj
prqvident fund and gratuity for the
employees of the Council ; . .
(d) td regulate thk disposal of irrecoverable '
. fees ; and .
(e) in respect of the conditions of sefiice of
'- its empIoyees.
(4) All such rules and regulations shall be ,
published in the Gazette.
~Rw- 41.(i)The Orissa Medid Regulation, 1936~=pt*r
IatbU of 19%. * is hereby repealed.
- (2) .Notwithstanding the repeal as aforesaid-
. (a) the Council ' established under the said -
Regulation shall continue to function till
and shall cease to exist with effect from
the date of the first meeting of the Council
eskblished under ' this Act and thereupon
. all assets and liabilities of ,the enrW
Council shall devolve upon the latter ;
. .
(b) am. acts begun whether pending or com-
leted by the Orissa Council ,of MedM
kegstration. sstabli8hed ander the said
. Regulation by the date of the aforeadd
first meeting, shall, in so far as they
' relate to the functions allotted to the
Council under this 'Act be deemed to A
have begun or pe ormed by the Council
t established unde this Act and such acts
I
!
'may be carried on and completed by or I
under f he authority of the Council so eta-
blished ; and
I
(c) sIl Medical Practitioners .registered under
the aforesaid Regulation and - continuing
as such on the date of the repeal shall,
-.
for all purposes, be deemed to have bee4
re@steced under this Act,
THE ORISSA MBD~CAL REGISTRATION ACT, 1961 [Or. Act 18
of 1961 ]
THE SCHEDULE
{See Section 20)
QuALIFICAT~ONS EmmG REGIsTRA~ON UNum lXE ACT
1. Qualifications specified in rbe First, Second or Third
Schedule to the Indian Medical Couucil Act, 1956 (102 of 1956).
2. Qdfication specified in the under-mentioned list-
dame of the body Description of the . Abbreviation of
or authority award- qualifications the qualifications
in8 the quafifi- for regishation
cations
- --
(=) State Medic a 1 Membr of the Statc M. M. F. (Ben@),
Faculty of Medical Faculty,
Ssngal. , Mngal.
(b) ~tate Medical (1) Member of Stat0 M. M. F. (Wsst
~aculty of West , Medical Faculty, BengaI).
w. West Bengal.
(2) CertXcate o f Certificate u n d e r
qudscation by the .ArticIe 6-C (West
State Medical Bengal).
Faculty under Ah-
de dC of the Statu-
tea of the State
Medical Faculty,
West Rengal .
(3) Cerljficate o i Certscate un d e r
qualification by the . Article 6-D 'or 6-E
Sta'k Medical (West. Beapl).
Faculty under
Article 6-D or 6-E
of the Siatutes of
the Stale Medical
Faculty, W e e t
Bengal.
(c) College of Member of LUG M. C. P. S. (Bombay).
-Physicians and College of Physi-
Surgeo~s, ciansandSurgeons,
Bombay. Bombay.
--
3. Qualilic~tions granted prior to 1916 by the Sate Govern-
ment to a person trained in a Government Medical College or
S~hool in India or Burma, dcctaring him to be quaI~ed to practise
Medicine, Surgery nnd Midwifery, or to perform tbe duties of a
Military Assistant Surgcon, Hospital Assistant or Sub-Assistant
Surgeon, Abbreviations for registration L. M. P., M. A. S., H. A.,
C. H. A., S. A. S. or V. L. M. S. or diploma or certj0cate of thr
~tituti~rn.