The Arunachal Pradesh Medical Council Act, 2004

Short title, extent and commencement.

1. (1) This Act may be called the Arunachal Pradesh Medical Council Act, 2004.
2. (2) It extends to the whole of the State of Arunachal Pradesh.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions. In this Act, unless the context otherwise requires,—

1. (a) "College" means any medical college or institution where the course of study for the grant of any recognised medical qualification is taught, and includes any other institution which is affiliated to or recognised by any University or Board in India for the purpose of medical education;
2. (b) "Council" means the Arunachal Pradesh Medical Council constituted under section 3;
3. (c) "Executive Committee" means the Executive Committee of the Council constituted under section 9;
4. (d) "Indian Medical Council Act" means the Indian Medical Council Act, 1956 (Central Act 102 of 1956);
5. (e) "Medical Practitioner" means a person who is for the time being registered in the Medical Register maintained under this Act;
6. (f) "Medicine" means modern scientific medicine in all its branches and includes surgery and obstetrics, but does not include veterinary medicine and surgery;
7. (g) "Notification" means a notification published in the Official Gazette;
8. (h) "Prescribed" means prescribed by rules;
   • (i) "President" means the President of the Council;
9. (j) "Recognised Medical Qualification" means any of the medical qualifications included in the Schedules to the Indian Medical Council Act, 1956;
10. (k) "Register" means the Register of Medical Practitioners maintained under this Act;
11. (l) "Registrar" means the Registrar of the Council appointed under this Act;
12. (m) "Regulation" means any regulation made by the Council under this Act;
13. (n) "Rules" means any rule made by the State Government under this Act;
14. (o) "Schedule" means the Schedule to this Act;
15. (p) "State Government" means the State Government of Arunachal Pradesh.

Establishment and incorporation of Council

1. (1) With effect from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established a Council to be called "the Arunachal Pradesh Medical Council".
2. (2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued.

Constitution of the Council

1. (1) The Council shall consist of the following members, namely:—
   • (a) four members to be nominated by the State Government, who have had medical experience of at least ten years;
   • (b) the Director of Health Services, Arunachal Pradesh, ex-officio;
   • (c) a representative of the Arunachal Pradesh Branch of the Indian Medical Association;
   • (d) one teacher from a Medical College in the State, if any, to be nominated by the State Government;
   • (e) four members to be elected by the registered practitioners from amongst themselves in such manner as may be prescribed.
2. (2) The President and the Vice-President of the Council shall be elected by the members of the Council from amongst themselves.
3. (3) The name of every person elected or nominated under this section shall be published by the State Government in the Official Gazette.

Nomination of members

1. (1) The State Government shall nominate five members to the Council from amongst the medical practitioners registered under this Act.
2. (2) The Director of Health Services, Arunachal Pradesh shall be the ex-officio member of the Council.

Publication of names of members

1. (1) The names of the members nominated under section 5 shall be published by the State Government in the Official Gazette.
2. (2) A member shall be deemed to have assumed office on the date of publication of his name in the Official Gazette under sub-section (1).

Term of office:

1. (1) Subject to the provisions of this Act, a member of the Council, other than an ex-officio member, shall hold office for a term of five years from the date of his election or nomination, as the case may be.
2. (2) An ex-officio member shall hold office so long as he holds the office by virtue of which he is a member of the Council.
3. (3) A member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
4. (4) A member whose term of office has expired shall be eligible for re-election or re-nomination.

Resignation of member:

1. (1) A member of the Council, other than an ex-officio member, may resign his office by giving notice in writing under his hand to the President of the Council.
2. (2) The resignation shall take effect from the date on which it is accepted by the Council and the vacancy so caused shall be filled in the manner provided in this Act.

Filling of casual vacancies

1. (1) A casual vacancy in the office of a member of the Council shall be filled by election or nomination, as the case may be, in the same manner as the original member was elected or nominated and the person so elected or nominated shall hold office for the unexpired term of his predecessor.
2. (2) No act of the Council shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Council.

Meeting of the Council

1. (1) The Council shall meet at least twice in each year at such time and place as may be appointed by the President.
2. (2) Notice of every meeting, whether annual or special, shall be dispatched to each member not less than fifteen days before the date of the meeting.
3. (3) One-third of the total number of members of the Council shall form a quorum for a meeting of the Council: Provided that if a meeting is adjourned for want of a quorum, the meeting shall be held on the same day in the following week at the same time and place and no quorum shall be necessary for such adjourned meeting.
4. (4) Every meeting shall be presided over by the President, or in his absence, by the Vice-President, or in the absence of both, by a member chosen by the members present at the meeting to preside for the occasion.
5. (5) All questions at a meeting of the Council shall be decided by the votes of the majority of the members present and voting.
6. (6) The President or the person presiding over a meeting shall have a second or casting vote in case of an equality of votes.

Power of Council to regulate its proceedings. -

1. (1) The Council shall make regulations for the conduct of its business, and the business of any of its committees, and for the manner of making decisions by the Council or for any of its committees.
2. (2) The Council may, subject to the provisions of this Act and the rules made thereunder, make regulations to provide for all or any of the following matters, namely: -
   • (a) the manner and time of convening meetings of the Council and of its committees;
   • (b) the quorum, the procedure at meetings and the conduct of business of the Council and its committees;
   • (c) the authentication of orders and other instruments of the Council;
   • (d) the period of notice for meetings;
   • (e) the time and place of meetings; and
   • (f) any other matter which is to be or may be prescribed by regulations. (3) Provided that the first regulations under this Act shall be made by the State Government and shall remain in force until they are amended or replaced by regulations made by the Council.

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.

Court competent to try offences No court inferior to that of a Judicial Magistrate of the first class shall try any offence punishable under this Act.

Payment of fees and disposal of fees

1. (1) All fees payable under this Act shall be paid to the Council.
2. (2) All fees paid under this Act shall be applied for the purposes of this Act in such ways as may be prescribed.

Protection of action taken in good faith No suit, prosecution or other legal proceedings shall lie against the Council or any member or officer or servant of the Council for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or regulation made thereunder.

Power to make rules

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
   • (a) the manner in which the election of the members of the Council shall be held;
   • (b) the terms of office and the powers and duties of the President and Vice-President of the Council;
   • (c) the procedure for the meetings of the Council and the quorum for such meetings;
   • (d) the manner in which the accounts of the Council shall be maintained and audited;
   • (e) the form and manner in which the register of medical practitioners shall be maintained;
   • (f) the fees to be charged for registration and other services provided by the Council;
   • (g) any other matter which is required to be or may be prescribed under this Act.
3. (3) Every rule made under this Act by the State Government shall be laid, as soon as may be after it is made, before the State Legislature.

-1 27. Power to make regulations.

1. (1) The Council may, with the previous sanction of the State Government, make regulations generally to carry out the purposes of this Act, and, without prejudice to the generality of this power, such regulations may provide for—
   • (a) the management of the property of the Council and the maintenance and audit of its accounts;
   • (b) the manner of election of members of the Council;
   • (c) the powers and duties of the President and Vice-President;
   • (d) the mode of appointment of the Registrar and other staff, the designation, duties, pay, allowances and other conditions of service of the Registrar and such other staff;
   • (e) the procedure to be followed by any committee of the Council in the conduct of its business;
   • (f) the procedure for the registration of medical practitioners and for the granting of licences;
   • (g) the procedure for the removal of names from the register and for re-entry of names;
   • (h) the fees to be charged for registration and for other services rendered by the Council;
     • (i) the code of medical ethics for regulating the professional conduct of practitioners of modern medicine;
   • (j) the procedure for the trial of cases under this Act and the imposition of penalties;
   • (k) any other matter which is required to be or may be prescribed under this Act.
2. (2) All regulations made under this section shall be published in the Official Gazette.