Chapter III REGISTRATION OF MEDICAL PRACTITIONERS

Validity of acts and proceedings. -

1. (1) No act or proceeding of the Council or its committees shall be invalid merely by reason of -
   • (a) any vacancy in or any defect in the constitution of, the Council or any of its committees; or
   • (b) any defect in the appointment of a person acting as a member of the Council or a committee; or
   • (c) any irregularity in the procedure of the Council or of a committee not affecting the merits of the case.

Staff of the Council

1. (1) The Council shall have a Secretary who shall also act as the Registrar.
2. (2) The Council may appoint such other officers and employees as may be necessary for the efficient performance of its duties and functions under this Act.
3. (3) The terms and conditions of service of the Secretary and other officers and employees of the Council shall be such as may be prescribed by regulations.
4. (4) The Secretary and other officers and employees of the Council shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).

The Registrar

1. (1) The Registrar shall be the custodian of the register and of such other records and property as the Council may direct.
2. (2) The Registrar shall act as the Secretary to the Council and shall perform such other duties as may be prescribed by the regulations or as may be required of him by the Council.

Registration of medical practitioners

1. (1) Every person possessing a recognised medical qualification shall be entitled to be registered in the Medical Register on payment of such fee as may be prescribed.
2. (2) Applications for registration shall be made to the Registrar in such form and in such manner as may be prescribed.
3. (3) The Registrar shall, if he is satisfied that the applicant possess the necessary qualifications, enter the name of the applicant in the Medical Register. Provided that the Registrar may refuse to enter the name of any person who has been convicted of an offence involving moral turpitude or who has been found guilty of infamous conduct in any professional respect.

Maintenance of the Register

1. (1) It shall be the duty of the Registrar to maintain the Medical Register in accordance with the provisions of this Act and the rules made thereunder and from time to time to revise the register and publish it in the Official Gazette.
2. (2) The said Register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872.

Removal from the Register

1. (1) The Council may direct that the name of any person shall be removed from the Register where that person,—
   • (a) has been sentenced by any court to imprisonment for any offence which involves moral turpitude;
   • (b) has been found guilty of any infamous conduct in any professional respect by the Council;
   • (c) has acquired the medical qualification by misrepresentation or fraud;
   • (d) has failed to pay the renewal fee even after the expiry of the period specified in section 18.
2. (2) The Council may, on further investigation or on good cause shown, direct that the name of the person removed under sub-section (1), be re-entered in the Register on such conditions as may be prescribed.

Renewal of registration

1. (1) Every person registered under this Act shall, in order to continue to remain on the Register, pay to the Council a renewal fee of such amount and within such period as may be prescribed.
2. (2) Where a person fails to pay the renewal fee within the prescribed period, the Council shall remove his name from the Register:

Appeal Appeal

1. (1) Any person aggrieved by the decision of the Council or its Executive Committee may, within thirty days of the date of communication of the decision, appeal to the State Government.
2. (2) Upon receipt of such an appeal, the State Government shall, after making such inquiry as it deems fit and after giving the aggrieved person a reasonable opportunity of being heard, pass such order as it considers proper.
3. (3) The order of the State Government on such appeal shall be final and shall not be called in question in any court of law.

Notice of death

1. (1) Every Registrar of deaths who receives notice of the death of a medical practitioner who is a registered practitioner shall immediately transmit a certificate to that effect to the Council.
2. (2) On receipt of such certificate or other reliable information regarding such death, the Council shall remove the name of the deceased practitioner from the register.

Cognizance of offences

1. (1) No court shall take cognizance of any offence punishable under this Act except upon a complaint in writing made by the Registrar or any officer authorised by the Council in this behalf.
2. (2) No court inferior to that of a Judicial Magistrate of the first class shall try any offence punishable under this Act.

Offences and penalties

1. (1) If any person whose name is not for the time being borne on the Register, or the Provisional Register falsely pretends that it is so borne, or takes or uses the name or title of a medical practitioner or any letters, abbreviations or descriptions after his name implying that he is a medical practitioner, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.
2. (2) If any person contravenes the provision of sub-section
3. (2) of section 15 he shall be punishable with simple imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.