LexThe Telangana Medical Practitioners Registration Act, 1968.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA MEDICAL PRACTITIONERS REGISTRATION
ACT, 1968.
(ACT NO. 23 OF 1968.)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER I.
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II.
CONSTITUTION AND COMPOSITION OF THE
COUNCIL.
3. Constitution and composition of the council.
4. Term of office of elected and nominated
members.
5. Election of Chairman and Vice-Chairman.
6. Disqualifications for becoming members.
7. Cessation of membership.
8. Resignation of Chairman, Vice-Chairman or
members.
9. Filling of Casual vacancy.
10. Meetings of the Council.
CHAPTER III.
EXECUTIVE COMMITTEE AND ITS POWERS
11. Executive Committee.
2 [Act No. 23 of 1968]
CHAPTER IV.
SPECIAL COMMITTEES AND THEIR
FUNCTIONS.
12. Special Committees and their functions.
CHAPTER V.
OFFICERS OF THE COUNCIL.
13. Registrar and other officers.
14. Medical Registrar.
CHAPTER VI.
REGISTRATION OF MEDICAL PRACTITIONERS.
15. Registration of Medical Practitioners.
16. Notice of death.
17. Cancellation or alteration of entry made in the
Register.
18. Issue of duplicate certificate of registration.
CHAPTER VII.
MEDICAL PRACTITIONERS REGISTRATION
FUND.
19. Medical practitioners Registrations fund.
20. Privileges of registered practitioners.
CHAPTER VIII.
PENALTIES.
21. Penalty for falsely claiming to be registered.
22. Penalty for contravention of provisions of clause
(ii) of section 20.
23. Failure to surrender certificate of registration.
24. Jurisdiction of magistrate.
[Act No. 23 of 1968] 3
CHAPTER IX.
APPEALS.
25. Appeal from the decision of the Council.
26. Procedure in inquiries and appeals.
27. Appeal from order of Registrar.
CHAPTER X
MISCELLANEOUS
28. Control by Government.
29. Bar of Jurisdiction.
30. Protection of acts done in good faith.
31. Power to make rules.
32. Power of council to make regulations.
33. Acts of council etc., not to be invalidated by
vacancy, etc.
34. Allowances to members.
35. Repeal and Savings.
36. Extension and Amendment of Central Act 7 of
1916 to the Telangana area.
THE TELANGANA MEDICAL PRACTITIONERS
REGISTRATION ACT, 1968.1
ACT No. 23 OF 1968.
CHAPTER-I
PRELIMINARY
1. (1) This Act may be called the 2Telangana Medical
Practitioners Registration Act, 1968.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such date as the
Government may, by notification in the 2Telangana Gazette,
appoint.
2. In this Act, unless the context otherwise requires;-
(a) 3[XXX]
(b) „approved institution ‟ means a hospital, asylum,
infirmary, dispensary, lying -in-hospital, health centre or
other such institution in which the methods of treatment
approved by the Council are carried on;
1. The Andhra Pradesh Medical Practitioners Registration Act, 1968
received the assent of the President on the 12th November, 1968. The
said Act in force in the combined State, as on 02.06.2014, has been
adapted to the State of Telangana, under section 101 of the Andhra
Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the
Notification issued in G.O.Ms.No.68, HM&FW (C1) Department, dated
03.08.2015.
2. Substituted by G.O.Ms.No.68, HM&FW (C1) Department, dated
03.08.2015.
3. Omitted by G.O.Ms.N o.68, HM&FW (C1) Department, dated
03.08.2015.
Short title, extent
and
commencement.
Definitions.
2 [Act No.23 of 1968]
(c) „Council‟ means the 4Telangana Medical Council
established under section 3
5[(cc) „CME‟ means a continued medical education
programme or recognized medical conference or seminar or
workshop as may be approved or conducted by the Council
in the State headquarters or regional headquarters or district
headquarters or teaching hospitals or medic al colleges or
any institution run by the Telangana Vaidya Vidhana -
Parishad;]
(d) „Government‟ means the State Government;
6[(dd) [XXX]]
(e) „Medical college ‟ means a college approved by a
University in the State imparting education for the full
University course in modern scientific medicine in all its
branches excluding veterinary medicine and veterinary
surgery;
(f) „notification‟ means a notification publ ished in the
4Telangana Gazette;
(g) „prescribed‟ means prescribed by rules made under
this Act;
7[(gg) [XXX]]
4. Substituted by G.O.Ms.No.68, HM&FW (C1) Department, dated
03.08.2015.
5. Inserted by Act No. 10 of 2013 (Clause (cc)).
6. Inserted by Act No. 10 of 2013 (Clause (dd) ) and omitted by Act No. 6
of 2018.
7. Inserted by Act No. 10 of 2013 (Clause (gg )) and omitted by Act No.6
of 2018.
[Act No. 23 of 1968] 3
(h) „register‟ means the register maintained under
section 15;
(i) „registered practitioner ‟ means a practitioner of the
modern scientific medicine whose name is for the time
being borne on the register;
8[(ii) [XXX]]
(j) „State‟ means the State of 9Telangana;
(k) 10[XXX]
CHAPTER II.
CONSTITUTION AND COMPOSITION OF THE COUNCIL.
3. (1) As soon as may be, after the commencement of this
Act, the Government shall, by notificati on, establish a
Council called 9Telangana Medical Council which shall be a
body corporate having perpetual succession and a common
seal and shall by its name, sue and be sued.
(2) The Council shall consist of the following members,
namely:—
11[(a) two member s to be elected in the prescribed
manner by the members of the Executive Council of the
University of Health Sciences in the State from amongst the
persons holding any degree in modern medicine;]
8. Clause (ii) added by Act No.10 of 2013 and omitted by Act No.6 of
2018.
9. Substituted by G.O.Ms.No.68, HM&FW (C1) Department, dated
03.08.2015.
10. Omitted by G.O.Ms.No.68, HM& FW (C1) Department, dated
03.08.2015.
11. Substituted by Act No. 28 of 1986.
Constitution and
composition of
the Council.
4 [Act No.23 of 1968]
(b) 12[five members ] to be elected in the prescribed
manner by the registered practitioners from amongst
themselves;
(c) 13[six members ] to be nominated by the
Government of whom two shall be from amongst such
members of the teaching staff of the medical colleges in the
State as are registered practitioners;
13[(d) The Director of Medical Education, the Director of
Health and Family Welfare, the Commissioner, 12Telangana
Vaidya Vidhana Parishad and Vice -Chancellor, 12Kaloji
Narayana Rao University of Health Sciences, Telangana and
any other officer to be nominated by the Go vernment, ex -
officio.]
(3) No person shall be eligible for election or
nomination under sub -section (2) unless he has been
ordinarily resident in the State for not less than five years
immediately before the date of election or nominat ion, as
the case may be.
(4) In making nominations under clause (c) of
sub-section (2), the Government shall have due regard to
the claims of women, of the members of the scheduled
castes, of medical missions of practitioners in the service of
recognised philanthropic institutions and of other groups of
practitioners whose representatives have not been elected
under clause (a) or clause (b) of sub-section (2).
(5) No person shall be a member of the Council in
more than one of the categories specified in sub-section (2).
12. Substituted by G.O.Ms.No.68, HM&FW (C1) Department, dated
03.08.2015.
13. Substituted by Act No. 10 of 2013.
[Act No. 23 of 1968] 5
4. An elected or nominated member o the Council shall
hold office for a term of five years from the date of his
election or nomination and shall be eligible for re -election or
re-nomination, as the case may be.
5. (1) The Council shall elect in the prescribed manner
from amongst its members a Chairman who shall, unless he
ceases to be a member of the Council earlier, hold office for
a peri od of two years from the date of his election as
Chairman and shall be eligible for re-election:
Provided that for a period of two years from the date of
the first constitution of the Council under this Act, 14[one of
the ex -officio members refe rred to in clause (d) of sub -
section (2) of section 3 nominated by the Government] shall
be the Chairman of the Council.
(2) The Council shall elect in the prescribed manner,
from amongst its members, a Vice -Chairman who shall,
unless he ceases to be a membe r of the Council earlier,
hold office for a period of one year from the date of his
election and shall be eligible for re-election.
(3) When the office of the Chairman is vacant or in the
absence of the Chairman from any meeting, the Vice -
Chairman shall perform the functions of the Chairman.
(4) In the absence of the Chairman and the Vice -
Chairman a meeting of the Council may be presided over by
a member elected by the majority of the members present at
the meeting.
6. A person shall be disqualified to become a member of
the Council, if such person on the date of his election or
nomination to the Council—
14. Substituted by Act No. 28 of 1986.
Term of office of
elected and
nominated
members.
Election of
Chairman and
Vice-Chairman.
Disqualifications
for becoming
members.
6 [Act No.23 of 1968]
(a) was sentenced by a criminal court for an offence
involving moral turpitude, such sentence not having been
reversed or the offence pardoned and a period of five years
has not elapsed from the date of the expiration of such
sentence;
(b) is of unsound mind and stands so declared by a
competent court, a deaf, mute or a leper;
(c) is an applicant to be ad judicated as an insolvent or
an undischarged insolvent;
(d) is interested in a subsisting contract made with, or
any work being done for, the Council except as a share -
holder, other than a director, in a company, or except as
may be prescribed; or
(e) is an officer or servant of the Council.
7. An elected or nominated member of the Council shall
cease to hold office if he—
(a) is or becomes subject to any of the disqualifications
specified in section 6;
(b) absents himself without excuse sufficient in the
opinion of the Council, from three consecutive meetings of
the Council;
(c) is absent out of India for six consecutive months
without excuse sufficient in the opinion of the Council;
(d) ceases to be a registered practitioner;
(e) ceases to hold the office by virtue of which he has
been elected or nominated as a member of the Council
under section 3.
Cessation of
membership.
[Act No. 23 of 1968] 7
8. The Chairman may resign his office by giving notice in
writing to the Council and the Vice -Chairman or any
member of the Council may resign his office by giving notice
in writing to the Chairman. Except in a case where the
person resigning delivers the notice of resignation
personally to the Registrar, the Re gistrar shall, on receipt of
a notice of resignation, obtain confirmation in writing from
the person concerned as to its genuineness. A resignation
delivered personally or confirmed as aforesaid shall take
effect on and from the date on which the notice wa s
received.
9. Any vacancy occurring in the office of an elected or
nominated member of the Council before the expiration of
his term shall be filled by election or nomination, as the case
may be, of another person in the manner provided in
section 3 and the person so elected or nominated shall hold
office for the residue of the term of his predecessor.
10. (1) Except as otherwise provided in this Act, no
business shall be transacted at a meeti ng of the Council
unless at least seven members are present. All questions
that may come before the Council shall be decided by a
majority of the members present and voting. In the case of
equality of votes, the member presiding at the meeting shall
have and exercise a second or casting vote.
(2) The Council shall, for the disposal of the business,
meet as often as is necessary but not less than twice in each
year after giving such notice to the members, as may be
prescribed.
CHAPTER III.
EXECUTIVE COMMITTEE AND ITS POWERS
11. (1) There shall be an Executive Committee of the
Council consisting of the Chairman and Vice -Chairman, ex-
Resignation of
Chairman, Vice-
Chairman or
members.
Filling of casual
vacancy.
Meetings of the
council.
Executive
Committee.
8 [Act No.23 of 1968]
officio, and three other members who shall be elected every
year by the Council from among its members at its first
meeting held in that year.
(2) (a) Every member of the Executive Committee so
elected shall hold office as such until the next annual
election.
(b) If any casual vacancy occurs before such
election, the Executive Committee shall f ill that vacancy by
electing a member :
Provided that if before the vacancy is so filled, a
meeting of the Council has been called, the vacancy shall
be filled by the Council by electing a member of the Council.
(c) A member of the Executive Committee elected to
fill a casual vacancy shall hold office as such only until the
next annual election.
(3) The Chairman and the Vice -Chairman of the
Council shall be the Chairman and the Vice -Chairman
respectively of the Executive Committee.
(4) The Council may delegate any of its powers and
duties to the Executive Committee subject to such
conditions as it deems fit to impose.
(5) The Council may cancel any delegation made
under sub-section (4).
(6) No business shall be transacted at a meeting of the
Executive Committee unless at least three members thereof
are present.
(7) All questions that may come before the Executive
Committee shall be decided by a majority of the members
[Act No. 23 of 1968] 9
present and voting. In the case of equality of votes, the
Chairman, Vice -Chairman or any member presiding at the
meeting shall have and exercise a second or casting vote.
CHAPTER IV.
SPECIAL COMMITTEES AND THEIR FUNCTIONS.
12. (1) The Council may, from time to time, appoint one or
more special committees, each consisting of:-
(a) not less than three members of the Council who
shall be elected by the Council.
(b) Two such other persons not being members of
the Council as the Council may nominate.
(2) Every special committee s hall meet at such time
and place as may be provided in the regulations.
(3) Every special committee shall elect its Chairman
from amongst its members.
(4) The Council may, refer to any such committee for
enquiry and report any matter relating to any of the
purposes of this Act, or, delegate to it, any of its functions by
resolution, subject to such conditions as it deems fit to
impose and may cancel any such delegation.
(5) The Council may, at any time, dissolve or subject to
the provisions of sub -section (1), after the constitution of,
any such committee.
Special
committees and
their functions.
10 [Act No.23 of 1968]
CHAPTER V.
OFFICERS OF THE COUNCIL.
13. (1) The Council shall appoint a Registrar who shall act
as Secretary of the Council and who shall also act as
Treasurer, unless the Council appoints another person as
Treasurer.
(2) The Registrar shall be responsible for the due
performance of the functions imposed on him and on the
Council, under the Indian Medical Council Act, 1956.
(3) The Council may also appoint such other officers
and servants as it may deem necessary for the purpose of
this Act.
(4) All persons appointed under this section shall be
deemed to be public servants within the meaning of section
21 of the Indian Penal Code.
14. The Council shall cause to be maintained it the
prescribed manner a register of medical practitioners, which
shall contain the names of the medical practitioners,
arranged in the alphabetical order and publish it in the
15Telangana Gazette. It shal l be the duty of the Registrar to
keep the register correct and from time to time, to revise the
register and publish it in the prescribed manner. Such
register shall be deemed to be a public document within the
meaning of the Indian Evidence Act, 1872.
15. Substituted by G.O.Ms.No.68, HM&FW (C1) Department, dated
03.08.2015.
Registrar and
other officers.
Medical Register.
[Act No. 23 of 1968] 11
CHAPTER VI.
REGISTRATION OF MEDICAL PRACTITIONERS.
15. (1) Every person who holds any of the of Medical
qualifications included in the Schedules to the Indian
Medical Council Act, 1956, may apply to the Registrar giving
a correct description of his qualifications, with the dates on
which they were granted, and present his degree, diploma
or license along with such fee as may be prescribed for
being registered under this Act. The Registrar shall, if
satisfied that the applicant is entitled to be registered, enter
his name in the register:
Provided that any person whose name has been
registered under any law for the time being in force in any
other part of India relating to the registration of medical
practitioners shall be required to pay such registration fee as
may be prescribed if the law aforesaid provides for
registration of persons registered under this Act without the
payment of any fee or on payment of a fee not exceeding
the prescribed fee.
16[XXX]
Explanation-1:- For the purpose of sub -section (1) of
this section, an applicant for registration means, a person
who holds recognized medical qualification and underwent
such practical training in any approved institution in the
State.
17[XXX]
16. Second proviso added by Act No. 10 of 2013 and omitted by Act
No.6 of 2018.
17. Explanation 2 omitted by Act No.6 of 2018.
Registration of
Medical
Practitioners.
12 [Act No.23 of 1968]
(2) Any person who immediately before the date of
commencement of this Act was a registered practitioner
under the Andhra Pradesh (Andhra Area) Medical
Registration Act, 1914 or the Andhra Pradesh (Telangana
Area) Medical Registration Act, 1348 F., and wh o is qualified
for registration under the Indian Medical Council Act, 1956,
shall be deemed to have been registered under the
provisions of this Act on that date and his name shall be
entered in the register maintained under this Act.
(3) Upon entry in t he register of a name under this
section the Registrar shall issue a certificate of registration in
the prescribed form.
(4) The Council may refuse to permit the registration of
any person, who was convicted of an offence involving a
moral turpitude with imprisonment for a period of not less
than six months or with fine of not less than rupees five
hundred and a period of five years has not elapsed from the
date of such conviction, or who after due inquiry by the
Council or a Committee thereof was found g uilty by the
Council of infamous conduct in any professional respect.
18[15A. (1) A citizen of India possessing a medical
qualification granted by a medical ins titution outside India
included in Part -II of the Third Schedule to Indian Medical
Council Act, 1956, who is required to undergo practical
training in an approved institution shall be entitled to be
registered provisionally in the 19Telangana Medical Register
and shall be entitled to pra ctice medicine in any approved
institution for the purpose of such training and not for other
purpose.
18. Sections 15A, 15AA, 15B, 15C, 15D inserted by Act No.10 of 2013.
19. Substituted by G.O.Ms.No.68, HM&FW (C1) Department, dated
03.08.2015.
Central Act 102 of
1956.
[Act No. 23 of 1968] 13
(2) Every person who holds any of the Medical
Qualifications included in the FIRST Schedule to the Indian
Medical Council Act, 1956 may apply to the Registrar giving
correct description of his qualification with the date on which
the same was granted and present his pass certificate along
with such fee as may be prescribed by the Council in this
behalf, shall be entitled for the grant of Provisional Medical
registration, for the purpose of enabling him to be engaged
in employment in a resident medical capacity in any
approved institution or in the Medical Service of the Armed
Forces of the Union.
(3) The names of all person s provisionally registered
under sub-section (1) or sub -section (2) in the 20Telangana
Medical Register shall be entered therein separately from
the names of other persons registered therein.
(4) A person registered provisionally as aforesaid who
has completed practical training referred to in subsection (1)
or who has been engaged for the prescribed period in
employment in a resident medical capacity in any approved
institution or in the Medical Service of the Armed Forces of
the Union, as the case may be, subject to the conditions laid
down in Second Proviso to sub -section (1) of section 15
shall be entitled for registration in the 20Telangana Medical
Register under section 15.
(5) The Registrar shall, if satisfied that the applicant is
entitled to be r egistered provisionally under sub -section (1)
or sub -section (2) enter his name in the Register and also
issue a certificate in the form prescribed in this behalf.
20. Substituted by G.O.Ms.No.68, HM&FW (C1) Department, dated
03.08.2015.
Central Act 102 of
1956.
14 [Act No.23 of 1968]
(6) The Provisional Registration granted under sub -
section (1) or sub -section (2) shall be valid for a period of
one year from the date of its issuance:
Provided that any person who is unable to complete
the practical training within the validity period of such
provisional registration may get the same revalidated for the
required period, but not exceeding for a period of one year.
15AA. (1) Every person who has passed MBBS and
completed practical training otherwise called internship of
one year 21[XXX], on production of proper evidence to that
effect, may apply to the Registrar giving a correct
description of his qualification with date on which the same
was granted and with the date on which he or she has
completed practical training as prescribed under sub -
section (3) of section 13 of Indian Medical Council Act, 1956
or who has been eng aged in employment in a resident
medical capacity in any approved institution for the
specified period and present his degree or provisional
degree and a certificate of completion of practical training
along with such fee as may be prescribed in this behalf shall
be entitled for Renewal of Provisional Registration granted
under sub -section (1) or sub -section (2) of section 15 -A
above. The Registrar shall, if satisfied that the applicant is
entitled to be registered, enter his name in the register
maintained for this purpose.
22[(2) [XXX]]
21. Omitted by Act No.6 of 2018.
22. Sub-section (2) of section 15AA omitted by Act No. 6 of 2018.
[Act No. 23 of 1968] 15
2315B. If any person whose name is entered in the
24Telangana Medical Register obtains any title, or P.G.
Diploma or Degree or a Higher Specialty, which is a
recognized medical qualification, he or she shall, on
application made in this behalf in the prescribed manner
shall be entitled to have an entry stating such other
qualification made against his or her name in the Medical
Register either in substitution for or in addition to any entry
previously made by paying fee prescribed by the Council.
25[XXX]
15C. (1) Subject to provisions contained in section 15 (1)
above, every medical practitioner shall once in every five
years renew his or her registration by paying prescribed fee
to the Council.
(2) For renewal of registration such applicant shall
produce evidence to the effect that he or she participated or
attended a minimum of such hours, as may be prescribed in
this behalf, over a period preceding five years in any
recognized Medical Conference or Seminar or Workshop or
Continued Medical Education Programme approved in this
behalf,
(3) The Medical Practitioner who fails to renew his or
her registration under sub -section (1) and in the manner
prescribed under sub -section (2), shall cease to be a
registered practitioner within the meaning of section 2 (1) of
the Act, and the Registrar shall remove the name of such
practitioner from the „Register‟ maintained under section 15:
23. Section 15B came into force w.e.f.02.08.2013.
24. Substituted by G.O.Ms.No.68, HM&FW (C1) Department, dated
03.08.2015.
25. Proviso of section 15B omitted by Act No.6 of 2018.
16 [Act No.23 of 1968]
Provided that the Registrar may grant fresh registration
in such cases on payment of fee as prescribed in this behalf
and on an application prescribed thereto.
15D. (1) Any Medical Practitioner from other Country in the
world or from other State in India who visits 26Telangana for
the purpose of demonstration of skill or conducting
surgeries or procedures or workshop for the purposes of
teaching, research or charitable work who has not
registered his or her name in Medical Council of India shall
apply to the Registrar for the purpose of Temporary
Permission for undertaking the afores aid professional
activities:
Provided that medical practice by such persons shall
be,-
(a) permitted only if they are enrolled as medical
practitioners in accordance with the law regulating the
registration of medical practitioners for the time being in
force in that Country or in that State.
(b) limited to the institution to which they are attached
for the time being for the purposes of teachin g, research or
charitable work.
(c) limited to the period specified in this behalf by the
Council by general or special order.
(2) Any institution or administrator or head of the unit of
the concerned specialty shall give correct description of
qualifications of foreign visiting doctors with dates on which
they were granted and present such degree or dipl oma or
license along with such fee prescribed by the Council.
26. Substituted by G.O.Ms.No.68, HM&FW (C1) Department, dated
03.08.2015.
[Act No. 23 of 1968] 17
(3) The Registrar shall, if satisfied that the applicant is
entitled to be permitted temporarily for medical practice
subject to the provisions of sub -section (1) above, enter his
or her name in the register maintained in this behalf and
also issue a certificate to that effect, on payment of fee
prescribed by the Council from time to time.]
16. (1) Every Registrar of Births and Deaths on receiving
notice of the death of a registered practitioner, shall
forthwith transmit to the Registrar appointed under this Act,
a certificate under his own hand and seal of such death
giving the time and place thereof.
(2) On receipt of such certificate or other reliable
information regar ding such death, the Registrar appointed
under this Act, shall remove the name of the deceased
practitioner from the register.
17. (1) The Council may, if it thinks fit, after giving notice to
the person concerned and inquiring into his objections , if
any, order that any entry in the register which is proved to
the satisfaction of the Council to have been fraudulently or
incorrectly made or brought about, be cancelled or altered.
(2) The Council may direct the removal, permanently or
for a specified period, from the register the name of any
registered practitioner for the same reasons for which
registration may be refused by the Council under sub -
section (4) of section 15 and the provisions the reof shall
apply to any inquiry under this section:
Provided that the name of a registered practitioner shall
not be removed from the register on the ground of his
association, in any professional respect, with a registered
practitioner of indigenous med icine such as Ayurvedic,
Homoeopathic, Unani and Sidda.
Notice of death.
Cancellation or
alteration of entry
made in the
register.
18 [Act No.23 of 1968]
Explanation.— For the purpose of this proviso, the
expression „registered practitioner of indigenous medicine ‟
shall mean „a practitioner qualified for registration under any
law for the time, being in force relating to the registration of
practitioners of indigenous medicine‟.
(3) Nothing in sub -section (2) shall relieve a registered
practitioner of any obligation or code of ethics which may be
imposed on registered practitioners generally by the
Council.
(4) Any registered practitioner may make an
application to the Council for deleting his name from the
register and the Council may, on such application and in
accordance with such rules as may be made, direct such
deletion. Any such practitioner may apply for fresh
registration under section 15.
(5) A person whose name has been removed or
deleted from the register under this section shall forthwith
surrender his certificate of registration to the Registrar, and
the name so removed or deleted sh all be published in the
27Telangana Gazette.
18. Where it is shown to the satisfaction of the Registrar
that a certificate of registration has been lost, destroyed,
mutilated or defaced, the Registrar may, on payment of the
prescribed fee, issue a duplicate certificate in the prescribed
form.
27. Substituted by G.O.Ms.No.68, HM& FW (C1) Department, dated
03.08.2015.
Issue of duplicate
certificate of
registration.
[Act No. 23 of 1968] 19
CHAPTER VII.
MEDICAL PRACTITIONERS REGISTRATION FUND.
19. (1) All monies received by the Council shall constitute a
fund called the Medical Practitioners Registration fund and
shall be applied for such purposes and in such manner as
may be prescribed.
(2) All monies received by the Council shall be lodged
in any bank approved by the Government.
(3) All orders or cheques shall be signed by the
Registrar.
20. Notwithstanding anything to the contrary in any other
law for the time being in force,-
(i) no person other than a registered practitioner shall,
without the previous sanction of the Government be
competent to hold any appointment as physician, surgeon
or other medical officer in any approved institution which is
supported wholly or partly out of the funds of the State o r
the fund of a local authority;
(ii) no person other than a registered practitioner shall,
with effect from such date as may be specified by the
Government by notification in this behalf, practice the
modern scientific medicine or hold himself out, whether
directly or by implication as p racticing or as being prepared
to so practice;
(iii) no certificate required by law to be given by a
medical practitioner shall be valid unless sign ed by a
registered practitioner;
Medical
Practitioners
Registration Fund.
Privileges of
registered
practitioners.
20 [Act No.23 of 1968]
28[(iv) The Government shall permit the Council to
constitute two or thr ee member committees for the purpose
of visiting or inspecting any hospital or nursing home or
institutions or places where alleged unethical practices are
being taken place and where unqualified persons or quacks
or doctors who do not belong to modern system or scientific
medicine practicing modern medicine and prescribing
drugs of modern medicine. Such committees shall be
formed by Chairman of the Council with the members of all
categories except ex-officio members of the Council;
(v) The Government sha ll also permit the Council to
constitute such committees as specified in clause (iv) above
to visit or inspect institutions or hospitals or places or
nursing homes where the names of the doctors are removed
from the register for their unethical acts but al leged to be
continuing to practice without surrendering the certificate or
registration without sufficient ca use within the prescribed
time.]
CHAPTER VIII.
PENALTIES.
21. Whoever falsely represents himself to be a registered
practitioner shall, whether any person is actually deceived
by such representation or not, be punishable with fine which
may extend to five hundred rupees.
22. Whoever contravenes the provisions of clause (ii) of
section 20 shall be punishable on first conviction with
imprisonment which may extend to three months or with fine
which may extend to five hundred rupees or with both, and
on any subsequent , conviction with imprisonment which
may extend to six months or with fine which may extend to
one thousand rupees or with both.
28. Clauses (iv) and (v) inserted by Act No. 10 of 2013.
Penalty for falsely
claiming to be
registered.
Penalty for
contravention of
provisions of
clause (ii) of
section 20.
[Act No. 23 of 1968] 21
23. If any person whose name has been removed or
deleted from the register under section 17 fails without
sufficient cause to surrender his certificate or registration
within the prescribed time, he shall be punishable with fine
which may extend to fifty rupees per month of such failure
and in the case of a continuing offence, w ith an additional
fine which may extend to ten rupees for every day during
which such offence continues after conviction for the first
such offence.
24. No Court inferior to that of a magistrate of the first class
shall try offence punishable under this Act.
CHAPTER IX.
APPEALS.
25. An appeal shall lie to the Government from a decision
of the Council under section 15 or section 17. Such appeal
shall be preferred within three months from the date of the
decision of the Council.
26. (1) An inquiry under section 15 or section 17 and may
be held by the Council or by Committee which may be
appointed by the Counc il as provided in sub -section (1) of
section 12. The Council or the committee, as the case may
be, may at its discretion hold such inquiry in camera. Where
the inquiry is held by the Committee, it shall make a report
to the Council which shall pass such orders as it deems fit.
(2) In holding inquiries under this Act the Council or its
Committee shall have the same powers as are vested in the
civil courts under the Code of Civil Procedure, 1908, when
trying a suit; in respect of the following matters, namely:—
(a) enforcing the atte ndance of any person and
examining him on oath;
Failure to
surrender
certificate of
registration.
Jurisdiction of
magistrate.
Appeal from the
decision of the
Council.
Procedure in
inquiries and
appeals.
22 [Act No.23 of 1968]
(b) compelling the production of documents;
(c) issuing of commissions for the examination of
witnesses.
27. An appeal shall lie to the Council from an order of the
Registrar under section15. Such appeal shall be preferred
within three months from the date of the order.
CHAPTER X
MISCELLANEOUS
28. If, at any time, it appears to the Government, that the
Council has failed to exercise or has exceeded or abused
any of the powers conferred upon it by or under this Act, or
has failed to perform any of the duties imposed upon it by or
under this Act, Government may communicate the
particulars of such failure, excess or abuse to the Council
and require the Council to remedy it; and if the Council fails
to remedy such default, excess or abuse within such time as
may be fixed by the Government in this behalf, the
Government may for the purpose of remedying such default,
excess or abuse cause any of t he powers and duties of the
Council to be exercised and performed by such person or
agency and for such period as they may think fit.
29. No suit, prosecution or other legal proceeding shall lie
against the Government, the Council, the Executive
Committee or any other Committee or the Registrar in
respect of an act done in the exercise of any power
conferred by or under this Act.
30. No suit, prosecution or other legal proceedings shall
be instituted against any person for anything, which is, in
good faith done or intended to be done under this Act, or
under the rules or regulations made there under.
Appeal from order
of Registrar.
Control by
Government.
Bar of jurisdiction.
Protection of Acts
done in good
faith.
[Act No. 23 of 1968] 23
31. (1) The Government may, by notification make rules for
carrying out all or any of the purposes of this Act.
(2) Every rule made under this section shall,
immediately after it is made be laid before each House of
the State Legislature if it is in session and if it is not in
session in the session immediately following for a total
period of fourteen days which may be comprised in one
session or in two successive sessions, and if, before the
expiration of the session in which it is so laid for the session
immediately following both Houses agree in making any
modification in the rule or in the annulment of the rule, the
rule shall from the date on which the modification or
annulment is notified, have effect only in such modified form
or shall stand annulled as the case may be so however such
modification or annulm ent shall be without prejudice to the
validity of anything previously done under that rule.
32. (1) The Council may with the previous approval of the
Government make regulations for all or any of the following
matters, namely:—
(i) for the conduct of elections to the Executive
Committee and other Committees;
(ii) for the convening of meetings of the Council, the
Executive Committee and other Committees;
(iii) for the conduct of business at such meetings;
(iv) for the appointment, and the conditions of service
of the Registrar and other officers and serv ants appointed
under section 13;
(v) the conditions subject to which the Council may
delegate its powers and duties to any Special Committee;
Power to make
rules.
Power of council
to make
regulations.
24 [Act No.23 of 1968]
(vi) any other matter which is to be provided for in the
regulations, or may be necessary for carryi ng out the
purposes of this Act;
(2) All regulations made under sub -section (1) shall be
published in the 29Telangana Gazette.
(3) The Government may, by order , modify or cancel
any regulation made under sub-section (1).
33. No act or proceeding of the Council, the Executive
Committee or a Special Committee shall be deemed to be
invalid by reason only of any defect in the constitution of
such Council, Executive Committee or Special Committee or
merely on the ground that the Chairman, the Vice -Chairman
or any member of the Council, the member of the Executive
Committee or the member of a Special Co mmittee as the
case may be was not entitled to hold or continue in such
office by reason of any disqualification or by reason of any
irregularity in his election or nomination or by reason of
such act or proceeding having been done or conducted
during the period of any vacancy in the Office of the
Chairman, the Vice-Chairman or any member of the Council,
the member of the Executive Committee or the member of a
Special Committee.
34. There shall be paid to the members of the Counc il, the
members of the Executive Committee or the members of a
Special Committee for attending a meeting of the Council,
the Executive Committee or the Special Committee, as the
case may be, such allowances as may be prescribed.
35. The Andhra Pradesh (Andhra Area) Medical
Registration Act, 1914 and the Andhra Pradesh (Telangana
29. Substituted by G.O.Ms.No.68, HM&FW (C1) Department, dated
03.08.2015.
Acts of Council,
etc., not to be
invalidated by
vacancy, etc.
Allowances to
members.
Repeals and
Savings.
[Act No. 23 of 1968] 25
Area) Med ical Registration Act, 1348 F., are hereby
repealed:
Provided that —
(i) such repeal shall not affect anything done or any
action taken under the Acts so repealed, befo re the
commencement of this Act;
(ii) notwithstanding such repeal, until a Council is
constituted in accordance with the provisions of this Act —
(a) the Medical Council constituted for the Andhra
area or the Telangana area under the relevant repealed Act
and functioning immediately before the commencement of
this Act, shall continue to function for the area for which it
was constituted as if it were a Council constituted under the
provisions of this Act and any vacancy occurring in the said
Medical Council shall be filled in such manner as the
Government may think fit.
(b) the Executive Committee and other Committees
of a Medical Council as constituted immediately before the
commencement of this Act shall be deemed to be the
Executive Committee and other Commit tees constituted
under this Act ;
(iii) on the constitution of the Council under the
provisions of this Act, the Medical Councils functioning by
virtue of clause (ii) shall stand dissolved and their assets
and liabilities shall devolve on the Council so constituted.
36. (1) The Indian Medical Degrees Act, 1916, as in force in
the Andhra area at the commencement of this Act, is hereby
extended to the Telangana area.
(2) In the said Act —
Extension and
amendment of
Central Act 7 of
1916 to the
Telangana Area.
26 [Act No.23 of 1968]
(i) in section 2, after the words “all the territories ” the
words “comprised in the State of Andhra Pradesh and all
the other territories” shall be substituted.
(ii) for sub-clause (i) of clause (b) of sub-section (1) of
section 6 -A as inserted by section 3 of the Indian Medical
Degrees (Andhra Pradesh) (Andhra Area) Amendment Act,
1940, the following sub -clause shall be substituted,
namely:—
“(i) is recognised by any law for the time b eing in force
in the States, or”.
* * *