The Chhattisgarh Chikitsa Mandal Adhiniyam, 2001
The Chhattisgarh Chikitsa Mandal Adhiniyam, 2001
0. Preamble
?Jt2001
. .
CHHAITISGARH BILL ( o. 7 of 2001 )
UIIATTISGARH CHIKIT5 • MANDAL ADHINIYAM, 2001
provide for the establishment of a Cbikitsa Mand.al in the State to regulate ti'In Modern Medicine andSurgery Education,and the practice by Practitionerin
0l11e and Surgery Practitioners.
todby theChhattisgarh VidhanSabha is th~ Fifty Fourth yearofthe republic ofIndia
CHAPTER-I
PRELIMINARY
Short title, rstcnt and Commeoccmenl.
Act may be called the Chhattisgarh Chikitsa Manda! Adhiniyam, 200I. ) It extends to the whole of Chhattisgarh.
- (3) It hall come into force oo such date as the date as the State Government may, by notifi- cation appoint, and different dates may be appointed for different areas. Definitions. ln this Act, unle s the context otherwise requires, (1,)"Mandal" means the Chhattisgach Chikitsa Mandal under section 3, (b)"State Register" means a register maintained under this Act and expres ion "Registered" and "Registration" shall be construed accordingly. (c "Medicin.e" means modem medicine inall its branches and includes surgery and obstetrics, but doe not.include veterinary medicine and surgery. (d)"Recongnized qualification" means any of the qualifications specified in the schedule,
- (e) "Registered Practitioner" means any person enrolled on the State Register under the pr_ovisions of this Act,
- (f) ''Regulation" means a regulation made under section 32. (g)"Practitioner in Modem Medicine and Surgery.. means a person who has been granted the certificate of Pra.ctitioner in Modern Medicine and Surgery, and who practices medicine. CHAPTER-II TABLISIIM.ENT AND CONSTITUTION OF THE CHBATifSGARB CBIKITSA I • MANDAL Establishment or the
- (I) The State Government shall, as soon as may be establish by notification, the Chhattisgarh Chikitsa Manda] from such date as may be specified therein. Manda!.
- (2) The Mandal shall be a body corporate by the name of the Chhattisgarh Chikitsa Mandal, and shall have perpetual succession and a common seal with power to acquire and hold, property both moveable and immoveable and subject to the provisions of this Act, to transfer any property held by it, and to contract, and do all other things necessary for the purposes of its continuation, and may sue and be sued in its corporate name. Th MandaJ shall consist of the following members, namely :- )Five members elected from amongst them selves· by persons enrolled on the State Constitution of the MandaL ai ter. · that in case of the constitution of the Manda! for the first time after the c mmencements of this Act the members under this category shall be nominated by lh l t Government, and such nominees may not be enrolled on the State Register. 198 (16) 1
- (ii) Five members to be nominated by the State Government as follows:-
- (a) One representative on the Indian Medical Association Chhattisgarh State Branch out of a Panel.,of five persons to be proposed by the State Branch of the said association. ··
- (b) One member from amongst the members of the Medical Fnculties of the Universities in the Slate.
- (c) Two members from amongst the members ofChhattisgarh Government Health Service holding Group A post out of whom one hall be a lady doctor.
- (d) A Dean of one of the Medical Colleges of the State.
- (iii) Director Health Services Chhattisgarh...
- (iv) Director Indian Sy.stenu; of.:MC"dicine, anti Konuropathy. Chhani garh.
- (2) The name ofevery person elected or nominated shall be published in the official Gazette, and members shall enter and shall for the purposes oftheir tenn be deemed to have entered upon their respective offices with effect from the date of such publication. .. 5. -A person shall not be qualified for being nominated or elected as a member of the Mandal, Dlsqu111ificu1ion ror Membership. if:-
- (a) He is not a citizen of India; or
- (b) He is an undischarged insolvent; or
- (c) He is of unsound mind and stands so declared by a competent court; or
- (d) He has been sentenced for an offence involving moral turpitude; or
- (e) He is an employee of the Mandal, and is remunerated by salary or honoraium; or (t) His name has been removed from the State Register. Tu._ 4ff etti« .t
- (I) Sa\leas otherwise provided inIbisAct. all elected and nominated members shall hold office for a cenn offive years from the date they enter upon their office as provided in sub- ' '6. Na1111iaated and Etttte4 -•IK-rs ttl . section (2) ofsection 4. ttltMaNal. Provided that the members nominated under proviso toclau e (i) of. ub- ection (I) ofsection 4 shall hold office till the elected members have entered their offices and the members so elected shall continue to be in office for the un-expired tenn of nominated members under clauses ~ii) ofsul:i section (1) of section 4.
- (2) Notwithstanding the expiration of the term specified under sub-section (1) the outgoing member shall continue in office till the nomination or election, as the case may be, of his successor. 7. The nominatedorelected memberoftheMandal may atany time resign from bisoffice in uch manner as may be prescribed by the regulations. Resignationby N1tmi- naled or Elcded Member.
- (l) If any member other than ex-officio member of the Manda] during the period of his ft 8. Disabllitle. for con- tinuing as Member of office:- the.Mandat.
- (a) absents himself from three consecutive meeting oflhe Manda! without permission of the MandaJ; or
- (b) is absent out of India for a period exceeding twelve consecutive months; or
- (c) becomes subject to any of the disqualifications specified in section 5; or
- (d) ceases to be ,registered practitioner under any Act for the time being in force. The Mandal shall declare his office as vacant; Provided that no declaration shall be made under this suq-section unless areasonable opportunity of being heard is given to lhe member concerned. ,·•· ·· 198 ( 17)
- (2) Any member aggrieved by a declaration under sub-section (l) may prefer an appeal to the State Government within ninety days from the date of such declaration, and the deci. ion of the State Govamment thereon shall be final. 1' ' rtllln• or c•u•I v11-
9. If a nominated or elected member of the Mandal dies or resigns. or for any other rea,;on whateverceases to be a member,
111. "4,
fHllldtlll bd Vice•
I0. (i) The Director Health Services, Chhattisgarh shall be ex-officio President of the f\1andal.
PH llltnt of the
MilllUI,
- (ii) The Dean of Government Medical College nominated by the Government as member of the Mandal shall be the Vice-President of the Manda!.
- (iii) The President and Vice-President shall subject to the provisions ofthis Act,cxerci e uch powers and perform such duties as may be prescribed by this Act, or regulations there under.
11. Business of the Manda] shall be conducted as prescribed by Rules.
CHAPlER-ill
POWERS AND FUNCTIONS OF THE MANDAL
12. (I) Subject to the provisions of this Act and the Rules made there under, the Mandal hall excn:isc such powers and pecfonn such functions as may be necessary for carrying out the purposes of this Act.
(2)1n particular, and without prejudice to the generality ofthe foregoing provision, the power . and functions of the Manda] shall include :- ~·
ll ~t; ,, 1•• I
- (a) to maintain the State Register of Registered Practitioners;
- (b) to hear and decide appeals from the decisions of the Secretary in such manner as may be prescribed by regulations;
- (c) to prescribe by regulations a code of ethics for regulating the,professional conduct of Registered Practitioners;
- (d) to reprimand a Registered Practitioner, to suspend or remove the name from the State ;Register, or to taJce such other disciplinary action against him as may, in the opinion of the Mandal, be necessary or expedient; {e) to pennit any member to absent himself from the meetings of the board;
- (f) to promote innovations, research and development; and to formulate sc_hemes for promoting Practitioner in Modem Medicine and Surgery education.
- (g) to lay down norms and standards for courses, curricula, facilities for instruction, training, assessment and examinations for Practitioner in Modern Medicine and Surgery:
- (h) to fix nonns and guidelines for charging tuition fees for Practitioner in Modern Medicine and Surgery;
- (i) to advise the State Government in respect ofgrant of recognition to any Practitioner in Modern Medicine and Surgery School; G) to provide guidelines for admission ofstudents to Practitioner inModern Medicine and Surgery schools; (k) to inspect or cause to be inspected any Practitioner in Modem Medicine and Surgery, School; .
- (I) to conduct the examinations of Practitioner in Modern Medicine and Surgery Course:
- (m) to conduct the election of members unde~ clause (i) of sub-section {I) of section 4;
- (n) to perform such other functions as may be prestribed by Rules. 198(18) CHAPTER-JV PRACTITIONER IN MODERN MEDICINE AND SURGERY SCHOOLS AND THEm RECOGNITION. ; Minlmwn Standerds
12. (I) Subject to the provisions of this Act and the Rules made there under, the Mandal hall
excn:isc such powers and pecfonn such functions as may be necessary for carrying out the purposes of this Act. (2)1n particular, and without prejudice to the generality of the foregoing provision, the power . and functions of the Manda] shall include :-~·
- (a) to maintain the State Register of Registered Practitioners;
- (b) to hear and decide appeals from the decisions of the Secretary in such manner as may be prescribed by regulations;
- (c) to prescribe by regulations a code of ethics for regulating the,professional conduct of Registered Practitioners;
- (d) to reprimand a Registered Practitioner, to suspend or remove the name from the State ;Register, or to taJce such other disciplinary action against him as may, in the opinion of the Mandal, be necessary or expedient; {e) to pennit any member to absent himself from the meetings of the board;
- (f) to promote innovations, research and development; and to formulate sc_hemes for pro- moting Practitioner in Modem Medicine and Surgery education.
- (g) to lay down norms and standards for courses, curricula, facilities for instruction, trai- ning, assessment and examinations for Practitioner in Modern Medicine and Surgery:
- (h) to fix nonns and guidelines for charging tuition fees for Practitioner in Modern Medi- cine and Surgery;
- (i) to advise the State Government in respect of grant of recognition to any Practitioner in Modern Medicine and Surgery School; G) to provide guidelines for admission of students to Practitioner in Modern Medicine and Surgery schools;
- (k) to inspect or cause to be inspected any Practitioner in Modem Medicine and Surgery, School; .
- (I) to conduct the examinations of Practitioner in Modern Medicine and Surgery Course:
- (m) to conduct the election of members unde~ clause (i) of sub-section { I) of section 4;
- (n) to perform such other functions as may be prestribed by Rules.
I •
I 198(18) Minlmwn Standerds ot Practllloner In Modern Medicine and Surgery Educa- Uon. Penaisioa ror estab- lishment of-Pnc- lltJoner In M..-Cm ll • -. Mant"'" If ·• CHAPTER-JV PRACTITIONER IN MODERN MEDICINE AND SURGERY SCHOOLS AND THEm RECOGNITION. ;
13. The Mandal may pre cribe lhe minimum standards of Medical Practitioner in Modern Medicine 'and Surgery Education
14. (1) Notwitb standing any thing contained in this Act or any other law for the time being in
ot Practllloner In
Modern Medicine and Surgery Educa-
Uon.
Penaisioa ror estab-
lishmentof-PnclltJoner In M..-Cm
force:-
- (a) ao perseD l ~sh a Practif ncr in Modem Medicine and Surgery School; ot
- (b) no Pactitioncr in Modem Medicine and Surgery School shall:-
- (i) ope~ a new or higher course ofstudy or training which would enable a student of such course or training to qualify himself for the award of any recognized qualification: or
- (ii) increase its admission capacity in any course of tudy or training; I • I except with the previou permission of the·State Government obtained in accordance with the provisions of this Act. Explanation 1-Forthepurpo s ofthis tion, "person"includc anyUniver ityciratrust but does not include the State Government ll • &plan.atiotl 2--For the purposes of thi section "admission capacity" in relatioo lo any coune o{ i<Udy or lcaining in a Practitioner in Modem Medicine and Surgery School, means lhe maximum number of tudents I.hat may be ...... ru fixed by the Mandal from time to time for being a<lmitle4 to such -. Mant"'" course or training.
- (2) (a) Every person or Practitioner in Modern Medicine and Surgery School shall for the purposes of obtain.iag permi sion under ub section (1), submit to the State Government a scheme in accordance wi~ the provisions of clause (b), and the State Government shall refer the scheme to the Mandal for its recommendations.
- (b) 1be scheme referred to in clause (a) shall be in such form and contain uch particulars and be prcfecred in such ma,111er and be accompanied with such fee as may be prescribed.
- (3) On receipt of the scheme by the Mandal the Manda) may obtain such other patticulars as may be considered necessary by it from the person or the Practitioner in Modem Medicine and Surgery School concerned, and thereafter it may. If ·•
- (a) ifthe scheme is d~fective and does not contain any necessary particulars give a reasonable opportunity to the person or Practitioner in Modem Medicine and Surgery School concerned for making a written representation and it shall be open 10 such person or Practitioner in Modem Medicine and Surgery School to rectify che defects ifany, specified by the Mandal.
- (b) consider the scheme, having regard to the factors referred to in sub- eccion (5), and submit the scheme together with · its recommendations thereon to the State Government. · "· 198 (19)
- (4) The State Government may after considering the scheme and the recommendations of the Mandal under sub-section (3) and after obtaining, where necessary such other particulars as may be considered necessary by ltfrom the person or Practitionerin Modem Medicine and Surgery School concerned and having regard to the factors mentioned in sub-section (5), either approve (with such conditions ifany as may be considered necessary) (?r disapprove the scheme, and any such approval shall be a permission under sub-section (1).
- (5) The Mandal while making its recommendations- under clause (b) ofsub section (3) and the State Government while passing an order, either approving or disapproving the scheme under sub-section (4), shall have due regard to the following factors, namely :-
- (a) Whether the proposed Practitioner in Modern Medicine and Surgery School, or the existing Practitioner in Modem Medicine and Surgery School, seeking to open a new or higher course of study or training,would be in a position to offer the minimum standards ofPractitioner in Modem Medicine and Surgery education as prescribed by the Mandal.
- (b) Whetherthe person seeking to establish a Practitioner in Modem Medicine and Surgery School or the existing Practitioner in Modern Medicine and Surgery School seeking to open a new or higher course of study or training or to increase its admission capacity has adequate financial resources.
- (c) Whether necessary facilities in respect of staff, equipment, accommodation, training and other facilities to ensure proper functioning ofPractitioner in modern Medicine and .Surgery School or conducting of the new course of study or training or accommodating the increased admission capacity, have been provided or would be provided within the time !imit specified in the scheme.
- (d) ~ adoquatc hospit.al facilities baving-regacd to the number of students likely to ~ such Practitioncc in Modem Medicine and Surgery School or course ofstudy orJnilling oc as a result ofiocrcascd admission capacity has been provided or would .be'P,Nvided within the time limi~specifiedin the scheme. ( Whether anyarrangement has been made orprogram.me drawn to impartpropertraining ,to,atudonts likely to attend such Practitioner in Modem Medicine and Surgery School o~,oourse of study or training, by persons as prescribed by the Mandal.
- (t) ~le requirement ofmanpower in.the field ofpractice ofPractitioner in Modem Medi- ,clnc and Surgery. .· (g),any other factors as may be prescribed. \', .. ,,
- (6) Where the State Government passed an order either approving or disapproving a scheme under this section, acdpy of the order shall be communicated to the person or Practitioner in Modem Medicine and S.urgery School concerned. on recognition or quallfl.caion incertain case . 15. (l) Where any Practitioner in ModemMedicine and SurgerySchool is established except with the-~rev~ous permission of the State Government in accorda.1]ce with the provisions of sectioli"I4no qualification granted to any student ofSl!Ch a Practitionerin Modern Medicine and Surgery School shall be a recognized qualification for the purposes of this Act.
- (2) Where any Practitioner in Modern Medicine and Surgery School opens a new or higher course of study or training except with the privious permission of the State Government in accordance with the provisions ofsection 14 no qualification granted to any student of such Practitioner in Modem MCQ.icine and Surgery, on the basis of such study or training shall be a:recognized qualification for the purposes of this Act.
- (3) Where any Practitioner in Modem Medicine and Surgery School increases its admission capacity in any course ofstudy or training except with the previous permission ofthe State Government in accordance with the provisions of section 14 no qualification granted to any student of such Practitioner in Modern Medicine and Surgery School on the basis of , , 0·tih-1•1~ m, ~ 1s 1-1'{ 2001 198 (20) the increase in its admission capacity shall be recognized qualification for the purposes of this Act. ... Explanation-Forthepurpose ofthis section, thecriteria for identifying a student who has been granted a qualification on the basis of such increase in the admission capacity hall be such as may be prescribed.
14. (1) Notwitb standing any thing contained in this Act or any other law for the time being in
- (1) Notwitb standing any thing contained in this Act or any other law for the time being in force:- (a) ao perseD l ~sh a Practif ncr in Modem Medicine and Surgery School; ot (b) no Pactitioncr in Modem Medicine and Surgery School shall:- (i) ope~ a new or higher course of study or training which would enable a student of such course or training to qualify himself for the award of any recognized qualifi- cation: or (ii) increase its admission capacity in any course of tudy or training; except with the previou permission of the·State Government obtained in accordance with the provisions of this Act. Explanation 1-Forthepurpo s ofthis tion, "person"includc anyUniver ityciratrust but does not include the State Government &plan.atiotl 2--For the purposes of thi section "admission capacity" in relatioo lo any coune o{ i<Udy or lcaining in a Practitioner in Modem Medicine and Surgery School, means lhe maximum number of tudents I.hat may be ...... ru fixed by the Mandal from time to time for being a<lmitle4 to such course or training. (2) (a) Every person or Practitioner in Modern Medicine and Surgery School shall for the purposes of obtain.iag permi sion under ub section ( 1 ), submit to the State Govern- ment a scheme in accordance wi~ the provisions of clause (b), and the State Government shall refer the scheme to the Mandal for its recommendations. (b) 1be scheme referred to in clause (a) shall be in such form and contain uch particulars and be prcfecred in such ma,111er and be accompanied with such fee as may be prescribed. (3) On receipt of the scheme by the Mandal the Manda) may obtain such other patticulars as may be considered necessary by it from the person or the Practitioner in Modem Medicine and Surgery School concerned, and thereafter it may. (a) if the scheme is d~fective and does not contain any necessary particulars give a reasonable opportunity to the person or Practitioner in Modem Medicine and Surgery School concerned for making a written representation and it shall be open 10 such person or Practitioner in Modem Medicine and Surgery School to rectify che defects if any, specified by the Mandal. (b) consider the scheme, having regard to the factors referred to in sub-eccion (5), and submit the scheme together with · its recommendations thereon to the State Government. · "· (4) The State Government may after considering the scheme and the recommendations of the Mandal under sub-section (3) and after obtaining, where necessary such other particulars as may be considered necessary by ltfrom the person or Practitioner in Modem Medicine and Surgery School concerned and having regard to the factors mentioned in sub-section (5), either approve (with such conditions if any as may be considered necessary) (?r dis- approve the scheme, and any such approval shall be a permission under sub-section (1). (5) The Mandal while making its recommendations-under clause (b) of sub section (3) and the State Government while passing an order, either approving or disapproving the scheme under sub-section (4), shall have due regard to the following factors, namely:- (a) Whether the proposed Practitioner in Modern Medicine and Surgery School, or the existing Practitioner in Modem Medicine and Surgery School, seeking to open a new or higher course of study or training, would be in a position to offer the minimum stan- dards of Practitioner in Modem Medicine and Surgery education as prescribed by the Mandal. (b) Whether the person seeking to establish a Practitioner in Modem Medicine and Surgery School or the existing Practitioner in Modern Medicine and Surgery School seeking to open a new or higher course of study or training or to increase its admission capa- city has adequate financial resources. (c) Whether necessary facilities in respect of staff, equipment, accommodation, training and other facilities to ensure proper functioning of Practitioner in modern Medicine and . Surgery School or conducting of the new course of study or training or accommodating the increased admission capacity, have been provided or would be provided within the time !imit specified in the scheme. (d) ~ adoquatc hospit.al facilities baving-regacd to the number of students likely to ~ such Practitioncc in Modem Medicine and Surgery School or course of study orJnilling oc as a result of iocrcascd admission capacity has been provided or would .be'P,Nvided within the time limi~ specified in the scheme. ( Whether any arrangement has been made or program.me drawn to impart proper training ,to,atudonts likely to attend such Practitioner in Modem Medicine and Surgery School o~,oourse of study or training, by persons as prescribed by the Mandal. (t) ~le requirement of manpower in.the field of practice of Practitioner in Modem Medi- ,clnc and Surgery. . · (g),any other factors as may be prescribed. \ ', .. ,, (6) Where the State Government passed an order either approving or disapproving a scheme under this section, a cdpy of the order shall be communicated to the person or Practitioner in Modem Medicine and S.urgery School concerned.
force:-
- (a) ao perseD l ~sh a Practif ncr in Modem Medicine and Surgery School; ot
- (b) no Pactitioncr in Modem Medicine and Surgery School shall:-
- (i) ope~ a new or higher course of study or training which would enable a student of such course or training to qualify himself for the award of any recognized qualifi- cation: or
- (ii) increase its admission capacity in any course of tudy or training; except with the previou permission of the·State Government obtained in accordance with the provisions of this Act. Explanation 1-Forthepurpo s ofthis tion, "person"includc anyUniver ityciratrust but does not include the State Government &plan.atiotl 2--For the purposes of thi section "admission capacity" in relatioo lo any coune o{ i<Udy or lcaining in a Practitioner in Modem Medicine and Surgery School, means lhe maximum number of tudents I.hat may be ...... ru fixed by the Mandal from time to time for being a<lmitle4 to such course or training.
- (2) (a) Every person or Practitioner in Modern Medicine and Surgery School shall for the purposes of obtain.iag permi sion under ub section ( 1 ), submit to the State Govern- ment a scheme in accordance wi~ the provisions of clause (b), and the State Government shall refer the scheme to the Mandal for its recommendations.
- (b) 1be scheme referred to in clause (a) shall be in such form and contain uch particulars and be prcfecred in such ma,111er and be accompanied with such fee as may be prescribed.
- (3) On receipt of the scheme by the Mandal the Manda) may obtain such other patticulars as may be considered necessary by it from the person or the Practitioner in Modem
Medicine and Surgery School concerned, and thereafter it may.
- (a) if the scheme is d~fective and does not contain any necessary particulars give a reasonable opportunity to the person or Practitioner in Modem Medicine and Surgery
School concerned for making a written representation and it shall be open 10 such
person or Practitioner in Modem Medicine and Surgery School to rectify che defects if any, specified by the Mandal.
- (b) consider the scheme, having regard to the factors referred to in sub-eccion (5), and submit the scheme together with · its recommendations thereon to the State Government. · "·
- (4) The State Government may after considering the scheme and the recommendations of the Mandal under sub-section (3) and after obtaining, where necessary such other particulars as may be considered necessary by ltfrom the person or Practitioner in Modem Medicine and Surgery School concerned and having regard to the factors mentioned in sub-section (5), either approve (with such conditions if any as may be considered necessary) (?r dis-
approve the scheme, and any such approval shall be a permission under sub-section (1).
- (5) The Mandal while making its recommendations-under clause (b) of sub section (3) and the State Government while passing an order, either approving or disapproving the scheme under sub-section (4), shall have due regard to the following factors, namely:-
- (a) Whether the proposed Practitioner in Modern Medicine and Surgery School, or the existing Practitioner in Modem Medicine and Surgery School, seeking to open a new or higher course of study or training, would be in a position to offer the minimum stan- dards of Practitioner in Modem Medicine and Surgery education as prescribed by the Mandal.
- (b) Whether the person seeking to establish a Practitioner in Modem Medicine and Surgery School or the existing Practitioner in Modern Medicine and Surgery School seeking
to open a new or higher course of study or training or to increase its admission capa-
city has adequate financial resources.
- (c) Whether necessary facilities in respect of staff, equipment, accommodation, training and other facilities to ensure proper functioning of Practitioner in modern Medicine and . Surgery School or conducting of the new course of study or training or accommodating the increased admission capacity, have been provided or would be provided within the time !imit specified in the scheme.
- (d) ~ adoquatc hospit.al facilities baving-regacd to the number of students likely to ~ such Practitioncc in Modem Medicine and Surgery School or course of study orJnilling oc as a result of iocrcascd admission capacity has been provided or would .be'P,Nvided within the time limi~ specified in the scheme. ( Whether any arrangement has been made or program.me drawn to impart proper training ,to,atudonts likely to attend such Practitioner in Modem Medicine and Surgery School o~,oourse of study or training, by persons as prescribed by the Mandal.
- (t) ~le requirement of manpower in.the field of practice of Practitioner in Modem Medi- ,clnc and Surgery. . · (g),any other factors as may be prescribed. \ ', .. ,,
- (6) Where the State Government passed an order either approving or disapproving a scheme under this section, a cdpy of the order shall be communicated to the person or Practitioner in Modem Medicine and S.urgery School concerned.
15. (l) Where any Practitioner in Modem Medicine and Surgery School is established except with
the -~rev~ous permission of the State Government in accorda.1]ce with the provisions of sectioli"I 4 no qualification granted to any student of Sl!Ch a Practitioner in Modern Medi- cine and Surgery School shall be a recognized qualification for the purposes of this Act.
- (2) Where any Practitioner in Modern Medicine and Surgery School opens a new or higher course of study or training except with the privious permission of the State Government in accordance with the provisions of section 14 no qualification granted to any student of such Practitioner in Modem MCQ.icine and Surgery, on the basis of such study or training shall be a:recognized qualification for the purposes of this Act.
- (3) Where any Practitioner in Modem Medicine and Surgery School increases its admission capacity in any course of study or training except with the previous permission of the State Government in accordance with the provisions of section 14 no qualification granted to
any student of such Practitioner in Modern Medicine and Surgery School on the basis of
198 (19) on recognition or quallfl.caion in certain case. II that
- • I. .... uv 198 (20) PoWfl'S to ff1Uil'e in• fonnatloa. ~ PNCtl· •-t. wua Me6:muaH•PT Schoeu. Widldra~al of~• nition. u .• , , 0·tih-1•1~ m, ~ 1s 1-1'{ 2001 the increase in its admission capacity shall be recognized qualification for the purposes of this Act. ... Explanation-For the purpose of this section, the criteria for identifying a student who has been granted a qualification on the basis of such increase in the admission capacity hall be such as may be prescribed.
16. Every person orPractitionerin Modem Medicine and Surgery School which grants a recognized qualification hall furnish
PoWfl'S to ff1Uil'e in•
fonnatloa.
l7. The Mandalmall cause all tho Practi.tiooec in Modem Medici..e andSurgery Sch Is co be inspected n deemed necessary.
~ PNCtl·
•- t. wua
Me6:muaH•PT
18. Schoeu.
- (1) When upon report of inspections or otherwise it appears to the Manda! :- J
- (a) that the courses of study and exminations undergone in any Practitioner in Modem Medicine and Surgery School,
- (b) that the staff, equipment. accommodation, training, and other facilities for in truction and training provided in such Practitioner in Mod~rn Medicine and Surgery School. do not confirm to the standards prescribed by the Manda!. the Mandal may make a representation to that effect to the State OovemmenL 2)An«coasi,dcringsuchrq,rcseotationthe StateGovernmentmaysend uchrepresentation lO the Practit.ion« ia Modena Mediciae and Surgery School. with an intimation ofthe pcood wtdlia wbichlhe ~ · Modern Medicine and Surgery School may submit its eq,lanaboe to the State Oovemmetlt. '
- (3) On receipt of the explanation, or where no uch explanation is received withln the period fixed, the State-Government after making such further inquiry as it may th.ink fit, may by . notification in the official gazette, direct that an entry be made in the schedule against the said qualification declaring that tbe said qualifi.;ation if granted to the students of a specified Practitioner in Modern Medicine and Surgery School shall be a recognized quali- . fication only when granted before a specified date or as the case may be the said qualifi- -, catioo shall be arecognized qualification in relation to aspecified Practitioner in Modem , Medic" ud Surgery School only whco granted aft« a pecified date. CHAPTER-V SECRETARY AND OTHER OFF1CERS AND SERVANT 19. (I) The Mandal shall with the prior approval of the State Government appoint a Secretary. Widldra~al of~• nition. u.• II that
- • I. ....uv
- (2) The Manda! may, employ such other officers, and ervants as it may deem necessary for carrying oat the provisions ofthi ct
- (3) Thequalifications, conditions ofservice and pay scales ofthe Secretary and other officers and ervants of the Manda! shail be such as the Mandal may determine by regulations.
- (4) The Secretary or any other officer or servant appointed by the Manda! under this section hall be deemed to be a public ervant within the meaning ofsection 21 of the Indian Penal Code, 1860 (No. 45 of 1860). 198 (21)
- (1) It shall be the duty ofthe Secretary to keep the State Register in accordance with the provisions of this Act, and any order mad~y the Mandal, and to revise it from f •:! to time in such manner as may be prescribed by regulations, to publish in the officials gazette and to discharge such other functions as are or may be required to be discharged by him under this Act and the Rules, and Regulations made there under.
- (2) The Secretary shall see that the State Register is as far as possible correct at alltimes and may from time to time enter therein any material alteration in the address or qualifications of Registered Practitioners.
- (3) The Secretary may remove from the State Register the name of Registered Practitioner who dies, or whose name is directed to be removed from the State Register, or who ceases to be a Practitioner in Modem Medicine and Surgery Practitioner. ......
- (4) On re~ipt ofintimation from the Practitioner ifthe Manda! is satisfied that the Practitioner bas not ceased to practice then the Manda! may direct the Secretary to restore the name of such practitioner in th'! State Register and the Secretary shall comply with such direction. .. CHAP'IER-VI FUND OF THE MANDAL
19. (I) The Mandal shall with the prior approval of the State Government appoint a Secretary.
- (2) The Manda! may, employ such other officers, and ervants as it may deem necessary for carrying oat the provisions of thi ct
- (3) The qualifications, conditions of service and pay scales of the Secretary and other officers and ervants of the Manda! shail be such as the Mandal may determine by regulations.
( 4) The Secretary or any other officer or servant appointed by the Manda! under this section
hall be deemed to be a public ervant within the meaning of section 21 of the Indian Penal Code, 1860 (No. 45 of 1860). ..
- (1) It shall be the duty of the Secretary to keep the State Register in accordance with the pro- visions of this Act, and any order mad~y the Mandal, and to revise it from f •: ! to time in such manner as may be prescribed by regulations, to publish in the officials gazette and to discharge such other functions as are or may be required to be discharged by him under this Act and the Rules, and Regulations made there under.
- (2) The Secretary shall see that the State Register is as far as possible correct at all times and may from time to time enter therein any material alteration in the address or qualifications of Registered Practitioners.
- (3) The Secretary may remove from the State Register the name of Registered Practitioner who dies, or whose name is directed to be removed from the State Register, or who ceases
to be a Practitioner in Modem Medicine and Surgery Practitioner .
......
- (4) On re~ipt of intimation from the Practitioner if the Manda! is satisfied that the Practi- tioner bas not ceased to practice then the Manda! may direct the Secretary to restore the name of such practitioner in th'! State Register and the Secretary shall comply with such direction. CHAP'IER-VI FUND OF THE MANDAL
21. Fund olthe Mandal.
- (1) The Mandal shall establish a fund to be called the fund of the Mandal.
- (ti) The following shall focm part of, or be paid into the fund ofthe Mandal :-
- (a) any qootributi~o or grant by the Central or State Government, •, (b) iDGOmC ofthe Mandal from all sources including income from fees and fine, (c) trust, donation, endowment, and other grants, ifany, (d) all other sums !'eceived by the Manda!.
22. The fimd oi'the Manditl may be utilizedior the following purposes, namely;
Purposes for which the Fund of the Mandal may be utilized.
- (a) the re~ayment ofdebts incurred by the Mandal for the purposes ofthis Act and the Rules, and Regulations made there under,
- (b) the ex.penses of any suit or legal proceeding to which Manda! is a party,
- (c) the payment of salaries and allowances to the officers and servants of the Mandal, )(1 · (d) the payment of allowances to the office bearers of the Mandal,
- (e) the paymentofany expenses incurred by theManda! in carrying out the provisions ofthis Act and the Rules, and Regulations made thereunder,
- (f) any other expenses incurred for the promotion and development ofMedical Practitioner inModernMedicine andSurgeryeducation,research, and training;declared by theMandal to be in general interest ofthe Medical Practitioner in ModemMedicine and Surgery profession. 23. (i) The accounts of the Manda! shall be prepared before such date and at such intervals, and in such manner as may be prescribed. Accounts and Audit.
- (2) The accounts of the Board shall be audited by a Chartered Accountant. The audit fees of the Chartered Accountant shall be fixed by the Mandal from time to time as per their regulations. (3)Assoon astheaccountsoftheMandalare audited,theMandal shallsenda.copythereof together with a report of the Director Health Services thereon, to the State Government in such manner as may be prescribed. 0'ffi~•i<; u;;rcr,r, ~ 18 ~ 2001 198 (22) 24. (1) The Secretary shall cause to be prepared, in such form as may be prescribed, a budget in re pectofthe financial year next ensuing showing the estimated receipts and expenditure and shaUca~ it to be laid before the Mandal at such time and in such manner as may be prescribed.
- (2) Within 15 days from the meeting in which the budget is passed, it shall be forwarded to the State Govenunenc.
- (3) Ifthe State Government is ofthe opinion that the provisions ofthe budget so forwarded ei> it ~~•aatc: {IJfcanyiag ~ of th»-Aot.; ·rshall rctt1rn the eudget to "l:hdMiandmior · as ayk ested by tlMt ~ Qevenunent.
- (4) The Mandal shallbe~to~opriatc suchaptOUnts as may benecessary from one head"to another and within such heads. -
- (5) The Manda! shall as and when required, pass a supplementary budgetin such fonn and by such date as may be prescribed and the provisions ofsub•section (2), (3), and (4) sq_all apply to such supplementary bud et CHAPIER-VII REGISTRATION AND STATE REGISTER 25. (l)~MMdallhallcausek>bemaint.ataed intfle.prescribedmanner aregisterofPractitioner . ia Modem Medicioc ud Surgery Practiliooers k> be known as the Stare Registec, who possess any ofdie recognized qualificalions. _..be~""'1oftheSecretary,tokeepdlO StareRegister'in~withdiepro- wiaoosofthis Al:;t. Mdof•Yoroeamaclcby the Mandal and from timeto time revise the register and publish it in the official gazette, in such manner as may be prescribed.
- (3) 'The State Register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 and may be proved by a copy publi bed in the official gazette.
- (4) Every person possessing a recognized qualification shall be eligible for enrollment on the State Register on furnishing to the Secretary the proof of such qualification and on payment ofsuch fees as may be prescribed..
23. (i) The accounts of the Manda! shall be prepared before such date and at such intervals, and
in such manner as may be prescribed.
- (2) The accounts of the Board shall be audited by a Chartered Accountant. The audit fees of the Chartered Accountant shall be fixed by the Mandal from time to time as per their regula tions.
- (3) As soon as the accounts of the Mandal are audited, the Mandal shall send a .copy thereof
together with a report of the Director Health Services thereon, to the State Government
in such manner as may be prescribed. 198 (21) Fund ol the Mandal. Purposes for which the Fund of the Mandal may be utilized. Accounts and Audit. 198 (22) Budge_t. ,._..,dleMaadal .. ,......wentr,-. er to order rem-al from., State llqkter, aaaeol•!P'. AlttratioooltheState . Re~i.der. 0'ffi~•i<; u;;rcr,r, ~ 18 ~ 2001
24. (1) The Secretary shall cause to be prepared, in such form as may be prescribed, a budget in
- (1) The Secretary shall cause to be prepared, in such form as may be prescribed, a budget in re pect of the financial year next ensuing showing the estimated receipts and e xpenditure and shaUca~ it to be laid before the Mandal at such time and in such manner as may be prescribed. (2) Within 15 days from the meeting in which the budget is passed, it shall be forwarded to the State Govenunenc. (3) If the State Government is of the opinion that the provisions of the budget so forwarded ei> it ~~•aatc: {IJf canyiag ~ of th»-Aot.; ·r shall rctt1rn the eudget to "l:hdMiandmior · as ay k ested by tlMt ~ Qevenunent. (4) The Mandal shall be~ to ~opriatc such aptOUnts as may be necessary from one head "to another and within such heads. - (5) The Manda! shall as and when required, pass a supplementary budget in such fonn and by such date as may be prescribed and the provisions of sub•section (2), (3), and (4) sq_all apply to such supplementary bud et CHAPIER-VII REGISTRATION AND STATE REGISTER
re pect of the financial year next ensuing showing the estimated receipts and e xpenditure and shaUca~ it to be laid before the Mandal at such time and in such manner as may be prescribed.
- (2) Within 15 days from the meeting in which the budget is passed, it shall be forwarded to the State Govenunenc.
- (3) If the State Government is of the opinion that the provisions of the budget so forwarded ei> it ~~•aatc: {IJf canyiag ~ of th»-Aot.; ·r shall rctt1rn the eudget to "l:hdMiandmior · as ay k ested by tlMt ~ Qevenunent.
- (4) The Mandal shall be~ to ~opriatc such aptOUnts as may be necessary from one head "to another and within such heads. -
- (5) The Manda! shall as and when required, pass a supplementary budget in such fonn and by such date as may be prescribed and the provisions of sub•section (2), (3), and (4) sq_all apply to such supplementary bud et CHAPIER-VII REGISTRATION AND STATE REGISTER
25. ( l) ~ MMdal lhall cause k> be maint.ataed in tfle.prescribed manner a register of Practitioner
. ia Modem Medicioc ud Surgery Practiliooers k> be known as the Stare Registec, who possess any of die recognized qualificalions. _..be~ ""'1 of the Secretary, to keep dlO Stare Register' in~ with die pro- wiaoos of this Al:;t. Md of •Y oroea maclc by the Mandal and from time to time revise the register and publish it in the official gazette, in such manner as may be prescribed.
- (3) 'The State Register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 and may be proved by a copy publi bed in the official gazette. ( 4) Every person possessing a recognized qualification shall be eligible for enrollment on the State Register on furnishing to the Secretary the proof of such qualification and on pay- ment of such fees as may be prescribed..
26. TheMaadal y upoeraemacefrom~orodawwebyorder, prohibit the entry in,
O£ ocder the removal from the State Register the name ofany person :-
(a ~ has beeo sentenced by a.criminal court to imprisonment for an offence indicating in the opinionofthe Mandal sucha defectin character as would render tbe enrollment or continua,n_ce of bis name in the State Register undesirable; or
- (b) Whom the Manda! after reasonable idquiry has found guilty ofinfamous conduct in any professional respect by a majority oftwo thirds of the members present and voting at the meeting. Provided that no ordershall be passed imder this section without giving a reasonable opprotunity ofbeing heard to the person concerned. 27. {l)TiieMandal may afterg-iving the person concerned a reasonableopportunity ofbeing heard and inquiring into his objections·, if any, order that-any entry in the State Regi ter which in the opinion ofthe Mandal has been incorrectly of fraudulently been made or brought about, be cancelled or amended. Budge_t. ,l ,._..,dleMaadal .. ,......wentr,-. er to order rem-al from., State llqkter, aaaeol•!P'. AlttratioooltheState . Re~i.der. ifffifl•I~ m, ~ 18 °tll 2001 198 (23) ·~
- (2) The Manda] may direct removal for ever, or for a specified period from the State Register the name ofany Registered Practitioner for the same reason for which registration may be prohibited by the Manda! under secti~n 26.
27. {l) TiieMandal may after g-iving the person concerned a reasonable opportunity of being heard
and inquiring into his objections·, if any, order that-any entry in the State Regi ter which in the opinion of the Mandal has been incorrectly of fraudulently been made or brought about, be cancelled or amended. ,l ifffifl•I~ m, ~ 18 °tll 2001 ·~
- (2) The Manda] may direct removal for ever, or for a specified period from the State Register the name of any Registered Practitioner for the same reason for which registration may be prohibited by the Manda! under secti~n 26.
28. Forthe purposes ofany inquiry under the provisions ofthis Act; the Mandal orany committee ·appointed by the Manda)
dence Act, 1872 (No. 1 of 1872),-and the Code ofCivil Procedure 1908 (No. 5 of 1908) and shall exercise all powers of a commissioner appointed under the public servants (inquiries) Act, 1850(No. 37of1850)andsuchinquiries shallbeconducted, asfaras maybe inaccordance with the provisions of section 5 and section 8 to 20 of public servants (inquiries) Act, 1850 (No. 37 of 1850).
29. Any person
- (1) Whose application for enrollment in the State Register has been rejected; or
- (2) Whose entry in the State Register bas been prohibited under section 26; or
- (3) Whose name has been removed from the State Register;
30. May within ninety days of the order rejecting, prohibiting, or removal, as the case may be, appeal to theState Governmentandthedecision of-theStateGovernment thereonshall be final.
- (1) No person whose name is not enrolled on the State Register shall practice orbold himself. out, whethec directly or indirectly as practicing habitually for personal gain as a Practitioner in Modem Medicine and Surgery within the State.
- (2) Any pee50A- who COttttaveoces the provisions ofsub-section (l) shall be punished with imprisonmentwhichmay extend to 6months or fine up to five thousand rupees or with both. .. CHAPIER-VIll
31. RULES AND REGULATIONS
- (1) ~e State Government may make Rules to carry.out the purposes of this Act. Procedun in inquir• les. Appeal against order of the Mand.al. Prohibitiou of prac• tlee except as pro-- rill.olll ill this Act. Powerto makeRules. I, '
- (2) All Rules made under this Act shaU be laid on the table of the Vidhan Sabha.
- (1) 1be Mandal may with the previous sanction oftbe State Govemmet and subject to Rules made Wider section 31 make Regulations, generally to carry out the purposes or'this Act, and without prejudice to the generality ofthe foregoing power, such Regulation may pro- ~owerto make Regu- latioos, vide for:-
- (a) 111.eaccount;.' .management ofthe property ofthe Manda] and the maintenance and audit of its
- (b) The manner of election of five members from Registerd ~actitioners under clause (i) ofsub-section (1) of section 4.
- (c) The powers and duties of the President, and Vice-President;
- (d) The mode ofappointment o(committees, the summoning and holding ofmeetings and the conduct of business of such committees; (e)Thetra ellingandotherallowancespayableto themembersoftheMandal; (f)' Toe manner of hearing and deciding appeaJs against the decision of the Secretary;
- (g) The Code ofethics for regulating the professional conduct ofRegistered Practitioners;
- (h) The qualifications,the conditions ofservice, andpay ofthe Secretary, and: otherofficers, and servants of the Mandal;
- (i) The'fonn of ffie State Register;
- (j) The manner of th~ revision of the State Register. ihfl{i•i~ ~. ~ 18 l:f( 2001 198 (24)
- (k) Manner of admissions to Practitioner in Modern Medicine and Surgery Schools in the State; (1)Manner in wlfich examination will beconducted in the Practitionerin Modern Medicine and Surgery course. (m) Any other matter for which under thi Act provision may be made by Regulations.
- (2) 'The State Government, on receiving Regulations for sanction may anction them, subject to suchmodificatiQnsasitmaythinkfit otreturnthem to theManda! forreconsideration.
- (4) Tbc ..
33. Any person who :-
CHAPTER-IX
.MISCELLANEOUS
- (a) dishonestly makes use ofeny certificate of Regi tration granted under this Act; or
- (b) pEocures er attempts to procure registration under the provisions o'f this Act by making, o.r ptoducing or causing to be made or produced any false or fraudulent declaraeion, ,ccrtifiear.e ofrcpN: entation whether in writing or otherwise; or (~) Willfu.lly,m,kes orcausesto be made any false representation in y matter relating to the certificac ofregKhtioa issuedllllder provisions o 1f\is Act; lhalloaooaviction. bt pui.- shablcwith imprisonment which ay cx.tmd to OftC year or with fillc · · aay-eucat lo oae, 1bousaDd tupCCS or widl boda. 34. (1) N0 court &ball take cognizance of an offence punishable under this Act, except upon a Peualty for cllsh-c; olCertllka~ " J •t, comp1aint-.t=:- ia writing made by the eeretary orany other officer authorized by the Mand I II in this behalfby general ot special order.
- (2) o court iilferiM t0 that of a Magistrate of the first class shall tcy any (tffence punishable under this Act.
34. (1) N0 court &ball take cognizance of an offence punishable under this Act, except upon a
J •t, - .t=: - comp1aint ia writing made by the eeretary or any other officer authorized by the Mand I ~,wtr, to .tlWH41 '"Sch~ - II in this behalf by general ot special order.
- (2) o court iilferiM t0 that of a Magistrate of the first class shall tcy any (tffence punishable under this Act.
36. The State Government may by notification amend the Schedule.
'"Sch~~,wtr, to .tlWH41-
I
g7. Ifatany time it appears rothe State Governmentthat the Mandal has failedtoexercjse, o.r has exceededor, abused any powers conferred upon it byor under this Act, or has failed to perform any ofthe duties imposed uponit by or under this Act, the State Ooverntnent may, ifit con iders such failure, excess or abuse, to be ofa serious character. notify the particulars thereofto dleManda?, requiring-it ro remedy such failure, excess or abuse ithin the-period specified in the notice, and ifthe Mandal fail to remedy such failure, exces or abuse within the period specifiedinthe notice-, the Stace Governmentmay di o1ve the M.andal and cause all m;any of the pow~l'S and duties of the Mandal to be exercised by such person and for such period not exceeding two years as it may think fit, and shall take steps to bring into existence a new.
I
Man~.
, ,
198 (25)
Schedule. Schedule
I 1 -======================e=~=ft=e=•l4=·={1=~=q~='=~=1=i~=23=3Pmf==2=00=7=====================47~8=(=3=) CHllATI'IS«;JAJUI.ACT (No. 9 of '2ro7) • I I • TilE CIDIATTISGARB CBIKITS~ MANDAL (SANSHODHAN) ACT, 2007_ ~I II An Act further to amend the Chhattbgarlt(lilldtsll Mandal Adbiniyam, 2001 (No. 7 of2001). BeitenactedbyQteCbhattisgarhLepslaturein~Fjfty.-eightbYearof theRepublicofIndia. as follows :- I. (1) This Act may be called the Chhattisgarh Ch.iki.tsa Mandal (Sanshodhan) Shon dtJe ud Com- Adhiniyam. '1!.XYI. . mmammt. (2) · It shall oomc into foroe from lbc date ofits publication in the Official Gu.cttc. 2. In Section 2 of the Chhattisgarll CbilcitsaM.anda1Adhiniyam,2001 (No.7of200I) AmeDdmalt of Scc- 3. (hereinafter referred to as the Principal Act),- t1oa l. For clause (c), the following clause shall~ substituted, ~ly :"(C) ;'Medicine" means, Modem and Holistic Medicine and all its ~-" In the Principal Act and its Schedule wherever the words "Practitioner in Alternative Medicine"occur,theyshallbesubstitucdbythewords"PrllctitioncrinModemandHolistic Mcdicioc". . • ~olfq q,"f' "l{i:f ~ w-'1~ml ~\il'R~ ~ ~- awmr-~ Ri. U?W-"ID.~. ( 3-lfll~F(0I ) vm.tcfiR~ YcfiI~Ia . 18 ~ 2001-~ 28, 1923 94] ~3{l"{~mmfflfcMTT ti,m.14, m. t-. ~- ,m, ~. . 18~2001 Ir · -tl12112121-3l( )12001.-'tRtl%'llfqtJR%~213 a:1,ir-n,=dltP1r; ~<1;;qq1am1 si&ufq,;1 f%'ln~ ~yf~f&a~@'ITTQ•1r;f-qfcfittil . an~. 2001 ( . 7lf\2001)Cfi1Q,hulli(Oj~~~Wfilfmrt~m';'i!@l ~- 't(l=f. dt41aGII -air-~- ~ : 1. lif~-::rri:{, fcffimitcillfN. 2. ~ Offifl•I<# ~ (~ 7 tff..2001) a:tuw:f-1 S,lltQfi:ciii ~ ~-2 \J'ffitl'iiJ filfq,ffil lfsMctil ~14~1 ~TrcR 3. ~ ~ 4. ~ llo-1. 5. ~"" ~- 6. ~~ • .:,1qif.+.d ~..,; ~ 7. f1dlifild ~ -1qif..,d ~;RI~ 8. . ~~~~~ ~HC•lldlt 9. 3ttifif@ii4i~ "l.fif. 10. ~~i ,,. ~-~ ~-3 ~qil~lfm4i~~ '' ~-4 qf.si:fiH ('gCH\~1 ~~ ~l~dl 13. _........., l:t ~ 'ltrafiR ~ ~ fflPJI ~ ~- 14. '=t'1t~~ ~- ~ ~ ~mtl 'MNcfi'B ~ ~ 1s. ~-q'1.Wl«lJ~'tfRID"itfm. 16. ~ma~q,1$. ,1. ~~~<nTf.rit!SUl. 18. ~q,1~. . m1lt111i; ~ . ~ 1s 'ti{ 2001 198 (I) 3l~-s ~ ~ ~ ~ t(ci <ti&fi:lrtla101 19. ~ ~ v:ct 3R 311'~ . ~~101101. 20. ~~~- 21. ~<iil 22. 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F Regulation 4, the following Regulation shaJI be substituted, namely :- "loc.em hip :- After - ~ ...ul compk(ioo of dvcc yean. course. thc:rc shall a 1wdve month rut cing iotem hip in Government Hospital as follow :- (a) One month in a ub-HeaJrh Centre. (b) Three month in a Primary H.ea.hh Centre. (c) Four months in a Communicy Health Centre. (d) Four months in a Di tri t Hospital (one month ch in bstetrics Depanmenl, Pa ialric!> Depanm nt, Medicine Department and Surgery Department) Th Chi I Medical Officer ofthe dj trict concerned, hllll issue a cen.ificate on lh basi of those i· ucd hy Lhc departmenls concerned af~ r uccessful completion of the ro ting internship... By order a.nd in lhe. name or the Govern r of Chhaui garh. B.L. AGRA AL. rctary. / 0iilti1IG ~. ~ 23 ~ 2007 478 (3) CHHATnSOARH ACT ( o.9 of 2007 ) THE CHHATTISGARB CJDKITSA MANDAL (SANSBODBAN) ACT, 2007 An Ad rurtber to amend the ChhatthgarkChlkitsa Manda) Adhiniyam, 2001 (No. 7 of2001). • r Beitenacted by I.beCbhattisgarhLegi laturc in the FJfty-eigbthYcarof theRepublicofIndia, as follows:- I. (1) Thi Act may be called the Chbattisgarh Chikitsa P4andal (Sanshodhan) Short title and C«a- mmammL Adhiniyam.. 2007. (2) It shaU oome i.nto force from the date of its pu lication in the Official Oaz.ette. 2. In Section 2 of the Chhattisgarh Chi.kits& Ma1lda1 Adhiniyam.. 2001 (No. 7 of2001) Amadmmt or Sec- 3. (bercinafter referred to as the Principal Act) .- lioa In the Principal Act and i Schedule wherever the words "Practitioner in Alternative Medicine"occur, they hallbesubstimedby the wordS "Practitionerin Modemand Holistic Medicine". 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Some statutory text is still being prepared for this language version.
PDF: pending for this language.
[ See under Section,2 (d)]
Practitioner in Mod;tn Medicine and Surgery
,.
STATEMENT OF OBJECTIVES AND REASONS
1. Thereii aareal needofprovidingmedicalfaciliti°es intheremote areas ofChhattisgarh.There is agre t paucity ofqualified doctors in the state. As a result ofthis people in remote areas are not able to aet proper medical care. As a result ofthis-many unqualified persons have started practiolng medicine in remote areas. Doctors withMBBS degreedo notwantto workinremote areas. For this reason ther~ is a great need to start a course in Medicine and Surgery, which can provide doctors for rural areas. Tbis can be done only by starting a three years course in Medicine and Surgery. It was therefore considered necessary to constitute a Chikitsa Mandal.. to regulate the education, and practice of Practitioner in Modern Medicine and Surgery, and}_; this bill is brought for this purpose. 2. Hence this bill.
Raipur : Dated: Member-in-Charge.
State of Chattisgarh - Act The Chhattisgarh Chikitsa Mandal Adhiniyam, 2001 CHHATTISGARH India
The Chhattisgarh Chikitsa Mandal Adhiniyam, 2001
Act 7 of 2001
Published on 11 August 2007 Commenced on 11 August 2007
[This is the version of this document from 11 August 2007.] [Note: The original publication document is not available and this content could not be verified.]
The Chhattisgarh Chikitsa Mandal Adhiniyam, 2001 (Chhattisgarh Act No. 7 of 2001) Last Updated 2nd November, 2019
Statement of Objectives and Reasons. - There is a great need of providing medical facilities in the remote areas of Chhattisgarh. There is a great paucity of qualified doctors in the State. As a result of this people in remote areas are not able to get proper medial care. As a result of this many unqualified persons have started practicing medicine in remote areas. Doctors with MBBS degree do not want to work in remote areas. For this reason there is a great need to start a course in Medicine and Surgery, which can provide doctors for rural areas. This can be done only by starting a three years course in Medicine and Surgery. It was therefore considered necessary to constitute a Chikitsa Mandal to regulate the education, and practice of Practitioner in Modern Medicine and Surgery, and this bill is brought for this purpose.
2. Hence this bill. Published in Chhattisgarh Rajpatra (Asadharan), dated 18-5-2001 pp. 198(13-24).
An Act to provide for the establishment of a Chikitsa Mandal in the State to regulate [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] Education, and the practice by [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] Practitioners.
Be it enacted by Chhattisgarh Vidhan Sabha is the Fifty-second Year of the Republic of India as follows :-
Chapter 1 Preliminary
1. Short title, extent and commencement.
This Act may be called The Chhattisgarh Chikitsa Mandal Adhiniyam, 2001. It extends to the whole of Chhattisgarh. It shall come into force on such date as the State Government may, by notification appoint, and different dates may be appointed for different areas.
(1)
(2)
(3)
2. Definitions.
In this Act, unless the context otherwise requires, "Mandal" means the Chhattisgarh Chikitsa Mandal under Section 3, "State Register" means a register maintained under this Act and expression "Registered" and "Registration" shall be construed accordingly. [ "Medicine" means, Modern and Holistic Medicine and all its branches.] [Substituted by C.G. Act No. 9 of 2007, dated 11.8.2007.] "Recognised qualification" means any of the qualifications specified in the schedule. "Registered Practitioner" means any person enrolled on the State Register under the provisions of this Act. "Regulation" means a regulation made under Section 32.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
["Practitioner in Alternative Medicine"] [Substituted by Section 2 of Chhattisgarh Act No. 10 of 2001 for the words 'Practitioner in Modern Medicine and Surgery'] means a person who has been granted the certificate of [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] and who practices medicine.
Chapter II Establishment and Constitution of The Chhattisgarh Chikitsa Mandal
3. Establishment of the Mandal.
The State Government, as soon as may establish by notification, the Chhattisgarh Chikitsa Mandal from such date as may be specified therein.
The Mandal shall be a body corporate by the name of Chhattisgarh Chikitsa Mandal, and shall have perpetual succession and a common seal with power to acquire and hold, property both moveable and immovable and subject to the provisions of this Act, to transfer any property held by it, and to contract, and do all other things necessary for the purposes of its continuation, and may sue and be sued in its corporate name.
4. Constitution of the Mandal. The Mandal shall consist of the following members, namely :-
Five members elected from amongst themselves by persons enrolled on the State Register :
Provided that in case of the constitution of the Mandal for the first time after the commencement of this Act, the members under this category shall be nominated by the State Government, and such nominees may not be enrolled on the State Register.
[Four] [Substituted by Section 6(1) of Chhattisgarh Act No. 10 of 2001 for the word 'Five'.] members to be nominated by the State Government as follows :
[x x x] [[Sub-clause (a) omitted by Section 6(2) of Chhattisgarh Act No. 10 of 2001 old clause (a) runs as under:
One representative on the Indian Medical Association, Chhattisgarh State Branch out of a Panel of five persons to be proposed by the State Branch of the said association.]]
One member from amongst the members of the Medical Faculties of the Universities in the State. Two members from amongst the members of Chhattisgarh Government Health Service holding Group A post out of whom one shall be a lady doctor. A Dean of one of the Medical Colleges of the State.
Director Health Services Chhattisgarh. Director Indian Systems of Medicine and Homeopathy, Chhattisgarh.
The name of every person elected or nominated shall be published in the official Gazette, and members shall enter and shall for the purposes of their term be deemed to have entered upon their respective offices with effect from the date of such publication.
5. Disqualification for Membership.
(1)
(2)
- (1) (i) (ii) (a) (b) (c) (d) (iii) (iv) (2) A person shall not be qualified for being nominated or elected as a member of the Mandal, if :He is not a citizen of India; or (a) (b) (c) (d) (e) (f) He is an undischarged insolvent; or He is of unsound mind and stands so declared by a competent court; or He has been sentenced for an offence involving moral turpitude; He is an employee of the Mandal, and is remunerated by salary or honorarium; or His name has been removed from the State Register. 6. Term of office of Nominated and Elected members of the Mandal. Save as otherwise provided in this Act, all elected and nominated members shall hold office for a term of five years from the date they enter upon their office as provided in sub-section (2) of Section 4 : Provided that the members nominated under proviso to clause (i) of sub-section (1) of Section 4 shall hold office till the elected members have entered their offices, and the members so elected shall continue to be in office for the un-expired term of nominated members under clauses (ii) of sub-section (1) of Section 4. Notwithstanding the expiration of the term specified under sub-section (1) the outgoing members shall continue in office till the nomination or election, as the case may be, of his successor. 7. Resignation by Nominated or Elected Member. The nominated or elected member of the Mandal may at any time resign from his office in such manner as may be prescribed by the regulations. 8. Disabilities for continuing as Member of the Mandal. If any member other than ex-officio member of the Mandal during the period of his office :- absents himself from three consecutive meetings of the Mandal without permission of the Mandal; or is absent out of India for a period exceeding twelve consecutive months; or becomes subject to any of the disqualifications specified in Section 5; or ceases to be registered practitioner under any Act for the time being in force, the Mandal shall declare his office as vacant: Provided that no declaration shall be made under this sub-section unless a reasonable opportunity of being heard is given to the member concerned. Any member aggrieved by a declaration under sub-section (1) may prefer an appeal to the State Government within ninety days from the date of such declaration, and the decision of the State Government thereon shall be final. 9. Filling of casual vacancies. If a nominated or elected member of the Mandal dies or resigns, or for any other reason whatever ceases to be a member, the vacancy, shall be filled, as soon as may be, by nomination, or election, as the case may be, and the person so nominated or elected, shall hold office for the un-expired term of his predecessor. 10. President and Vice-President of the Mandal.
- (i) The Director Health Services, Chhattisgarh shall be ex-officio President of the Mandal. The Dean of Government Medical College nominated by the Government as member of the Mandal shall be the Vice-President of the Mandal. The President and Vice-President shall subject to the provisions of this Act, exercise such powers and perform such duties as may be prescribed by this Act, or regulations thereunder. 11. Conduct of Business to be as per Rules. Business of the Mandal shall be conducted as prescribed by Rules. Chapter III Powers and Functions of The Mandal 12. Powers and Functions of the Mandal. (1) (2) (1) (a) (b) (c) (d) (2) (ii) (iii) (1) (2) Subject to the provisions of this Act and the Rules made thereunder the Mandal shall exercise such powers and perform such functions as may be necessary for carrying out the purposes of this Act. In Particular, and without prejudice to the generality of the foregoing provision, the powers and functions of the Mandal shall include:- (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) to maintain the State Register of Registered Practitioners; to hear and decide appeals from the decisions of the Secretary in such manner as may be prescribed by regulations; to prescribe by regulations a code of ethics for regulating the professional conduct of Registered Practitioners; to reprimand a Registered Practitioner, to suspend or remove the name from the State Register, or to take such other disciplinary action against him, as may, in the opinion of the Mandal be necessary or expedient; to permit any member to absent himself from the meetings of the Board; to promote innovations, research and development; and to formulate schemes for promoting [Practitioner in Alternative Medicine] [Substituted by Section 2 of Chhattisgarh Act No. 10 of 2001 for the words 'Practitioner in Modem Medicine and Surgery'] education; to lay down norms and standards for courses, curricula, facilities for instruction, training, assessment and examinations for [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.]; to fix norms and guidelines for charging tuition fees for [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.]; to advise the State Government in respect of grant of recognition to any [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School; to provide guidelines for admission of students to [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] Schools; to inspect or cause to be inspected any [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School; to conduct the examinations of [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] Course; to conduct the election of members under clause (i) of sub-section (1) of Section 4; to perform such other functions as may be prescribed by Rules. Chapter IV [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] Schools and Their Recognition 13. Minimum Standards of [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] Education. The Mandal may prescribe the minimum standards of Medical [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] Education required for the granting of a recognised qualification by [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] Schools in Chhattisgarh. 14. Permission for establishment of new [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] schools New Courses of study etc. Notwithstanding anything contained in this Act or any other law for the time being in force:- (1) (a) (b) no person shall establish a [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School; or no [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School shall; open a new or higher course of study or training which would enable a student of such course or training to qualify himself for the award of any recognized qualification; or (i) (ii) increase its admission capacity in any course of study or training; except with the previous permission of the State Government obtained in accordance with the provisions of this Act. Explanation 1. - For the purposes of this section, "person" includes any University or a trust but does not include the State Government. Explanation 2. - For the purposes of this section "admission capacity" in relation to any course of study or training in a [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School, means the maximum number of students that may be fixed by the Mandal from time to time for being admitted to such course or training.
- (2) (a) (b) (3) (a) (b) (4) (5) Every person or [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School shall for the purposes of obtaining permission under sub-section (1), submit to the State Government a scheme in accordance with the provisions of clause (b), and the State Government shall refer the scheme to the Mandal for its recommendations. The scheme referred to in clause (a) shall be in such form and contain such particulars and be preferred in such manner and be accompanied with fee as may be prescribed. On receipt of the scheme by the Mandal the Mandal may obtain such other particulars as may be considered necessary by it from the person or the [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School concerned, and thereafter it may, if the scheme is defective and does not contain any necessary particulars, give a reasonable opportunity to the person or [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School concerned for making a written representation and it shall be open to such person or [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School to rectify the defects if any, specified by the Mandal; consider the scheme, having regard to the factors referred to in sub-section (5), and submit the scheme together with its recommendations thereon to the State Government. The State Government may after considering the scheme and the recommendations of the Mandal under sub-section (3) and after obtaining, where necessary such other particulars as may be considered necessary by it from the person or [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School concerned and having regard to the factors mentioned in sub-section (5), either approve (with such conditions if any as may be considered necessary) or disapprove the scheme, and any such approval shall be a permission under sub-section The Mandal while making its recommendations under clause (b) of sub-section (3) and the State Government while passing an order, either approving or disapproving the scheme under sub-section (4), shall have due regard to the following factors, namely :- (a) (b) (c) (d) Whether the proposed [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School, or the existing [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School, seeking to open a new or higher course of study or training, would be in a position to offer the minimum standards of [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] education as prescribed by the Mandal. Whether the person seeking to establish a [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School or the existing [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School seeking to open a new or higher course of study or training or to increase its admission capacity has adequate financial resources. Whether necessary facilities in respect of staff, equipment, accommodation, training and other facilities to ensure proper functioning of [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School or conducting of the new course of study or training or accommodating the increased admission capacity, have been provided or would be provided within the time limit specified in the scheme. Whether adequate hospital facilities having regard to the number of students likely to attend such [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School or course of study or training or as a result of increased admission capacity has been provided or would be provided within the time limit specified in the scheme. (e) (f) (g) Whether any arrangement has been made or programme drawn to impart proper training to students likely to attend such [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School or course of study or training, by persons as prescribed by the Mandal. the requirement of manpower in the field of practice of [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.]. any other factors as may be prescribed. (6) Where the State Government passed an order either approving or disapproving a scheme under this section, a copy of the order shall be communicated to the person or [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School concerned. 15. Non-recognition of qualification in certain cases. Where any [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School is established except with the previous permission of the State Government in accordance with the provisions of Section 14 no qualification granted to any student of such a [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School shall be a recognized qualification for the purposes of this Act. Where any [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School opens a new or higher course of study or training except with the previous permission of the State Government in accordance with the provisions of Section 14 no qualification granted to any student of such [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] on the basis of such study or training shall be a recognized qualification for the purposes of this Act. Where any [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School increases its admission capacity in any course of study or training except with the previous permission of the State Government in accordance with the provisions of Section 14 no qualification granted to any student of such [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School on the basis of the increase in its admission capacity shall be recognized qualification for the purposes of this Act. Explanation. - For the purposes of this section, the criteria for identifying a student who has been granted a qualification on the basis of such increase in the admission capacity shall be such as may be prescribed. 16. Powers to require information. Every person or [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School which grants a recognized qualification shall furnish such information to the Mandal as Mandal may from time to time require them to furnish. 17. Inspection [Practitioner in Modern Medicine and Surgery] [Substituted by Section 2 of Chhattisgarh Act No. 10 of 2001 for the words 'Practitioner in Modern Medicine and Surgery'] Schools. The Mandal shall cause all the [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School to be inspected when deemed necessary. 18. Withdrawal of recognition. When upon report of inspections or otherwise it appears to the Mandal :- (1) (2) (3) (1) (a) (b) (2) that the courses of study and examinations undergone in any [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School, that the staff, equipment, accommodation, training and other facilities for instructions and training provided in such [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] school, do not conform to the standards prescribed by the Mandal, the Mandal may make a representation to that effect to the State Government. After considering such representation the State Government may send such representation to the [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School, with an intimation of the period within which the [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School may submit its explanation to the State Government. (3) On receipt of the explanation, or where no such explanation is received within the period fixed, the State Government after making such further inquiry as it may think fit, may by notification in the Official Gazette, direct that an entry be made in the schedule against the said qualification declaring that the said qualification if granted to the students of a specified [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School shall be a recognized qualification only when granted before a specified date or as the case may be the said qualification shall be a recognized qualification in relation to a specified [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School only when granted after a specified date. Chapter V Secretary and Other Officers and Servants 19. Secretary and other Officers and Servants of the Mandal. The Mandal shall with the prior approval of the State Government appoint a Secretary. The Mandal may, employ such other officers, and servants as it may deem necessary for carrying out the provisions of this Act. The qualifications, conditions of service and pay scales of the Secretary and other officers and servants of the Mandal shall be such as the Mandal may determine by regulations. The Secretary or any other officer or servant appointed by the Mandal under this section shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (No. 45 of 1860). 20. Duties of Secretary. It shall be the duty of the Secretary to keep the State Register in accordance with the provisions of this Act, and any order made by the Mandal, and to revise it from time to time in such manner as may be prescribed by regulations, to publish in the Official Gazette and to discharge such other functions as are or may be required to be discharged by him under this Act and the Rules, and Regulations made thereunder. The Secretary shall see that the State Register is as far as possible correct at all times and may from time to time enter therein any material alteration in the address or qualifications of Registered Practitioners. The Secretary may remove from the State Register the name of Registered Practitioner who dies, or whose name is directed to be removed from the State Register, or who ceases to be a [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] Practitioner. On receipt of intimation from the Practitioner if the Mandal is satisfied that the Practitioner has not ceased practice then the Mandal may-direct the Secretary to restore the name of such practitioner in the State Register and the Secretary shall comply with such direction. Chapter VI Fund of The Mandal 21. Fund of the Mandal. The Mandal shall establish a fund to be called the fund of the Mandal. The following shall form part of, or be paid into the fund of the Mandal :- any contribution or grant by the Central or State Government, income of the Mandal from all sources including income from fees and fine, trust, donation, endowment, and other grants, if any, all other sums received by the Mandal. 22. Purposes for which the Fund of the Mandal may be utilized. (1) (2) (3) (4) (1) (2) (3) (4) (1) (2) (a) (b) (c) (d) The fund of the Mandal may be utilized for the following purposes, namely : (a) the repayment of debts incurred by the mandal for the purposes of this Act and the Rules, and Regulations made thereunder, the expenses of any suit or legal proceeding to which Mandal is a party, the payment of salaries and allowances to the officers and servants of the Mandal, the payment of allowances to the office bearers of the Mandal, the payment of any expenses incurred by the Mandal in carrying out the provisions of this Act and the Rules, and Regulations made thereunder, (c) (d) (e) (f) any other expenses incurred for the promotion and development of Medical [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] education, research, and training, declared by the Mandal to be in general interest of the Medical [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] profession. 23. Accounts and Audit. The accounts of the Mandal shall be prepared before such date and at such intervals, and in such manner as may be prescribed. The accounts of the Board shall be audited by a Chartered Accountant. The audit fees of the Chartered Accountant shall be fixed by the Mandal from time to time as per their regulations. As soon as the accounts of the Mandal are audited, the Mandal shall send a copy thereof together with a report of the Director Health Services thereon, to the State Government in such manner as may be prescribed. 24. Budget. The Secretary shall cause to be prepared, in such form as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure and shall cause it to be laid before the Mandal at such time and in such manner as may be prescribed. Within 15 days from the meeting in which the budget is passed, it shall be forwarded to the State Government. If the State Government is of the opinion that the provisions of the budget so forwarded to it are not adequate for carrying out the purposes of this Act, it shall return the budget to the Mandal for such modifications as may be suggested by the State Government. The Mandal shall be competent to re-appropriate such amounts as may be necessary from one head to another and within such heads. The Mandal shall as and when required, pass a supplementary budget in such form and by such date as may be prescribed and the provisions of sub-sections (2), (3) and (4) shall apply to such supplementary Chapter VII Registration and State Register 25. Registration and State Register. The Mandal shall cause to be maintained in the prescribed manner a register of [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] Practitioners to be known as the State Register, who possess any of the recognized qualifications. It shall be the duty of the Secretary to keep the State Register in accordance with the provisions of this Act and of any orders made by the Mandal and from time to time revise the register and publish it in the Official Gazette, in such manner as may be prescribed. The State Register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 and may be proved by a copy published in the Official Gazette. Every person possessing a recognized qualification shall be eligible for enrollment on the State Register on furnishing to the Secretary the proof of such qualification and on payment of such fees as may be prescribed. 26. Power of the Mandal to prohibit entry in or to order removal from, State Register, name of any person. (1) (2) (3) (1) (2) (3) (4) (5) (1) (2) (3) (4) The Mandal may upon reference from Secretary or otherwise by order, prohibit the entry in, or order the removal from the State Register the name of any person :- (a) Who has been sentenced by a Criminal Court to imprisonment for an offence indicating in the opinion of the Mandal such a defect in character as would render the enrollment or continuance of his name in the State Register undesirable; or Whom the Mandal after reasonable inquiry has found guilty of infamous conduct in any professional respect by a majority of two-third of the members present and voting at the meeting : Provided that no order shall be passed under this section without giving a reasonable opportunity of being heard to the person concerned. 27. Alteration of the State Register. The mandal may after giving the person concerned a reasonable opportunity of being heard and inquiring into his objections, if any, order that any entry in the State Register which in the opinion of the Mandal has been incorrectly of fraudulently been made or brought about, be cancelled or amended. The Mandal may direct removal for ever, or for a specified period from the State Register the name of any registered Practitioner for the same reason for which registration may be prohibited by the Mandal under Section 26. 28. Procedure in inquiries. For the purposes of any inquiry under the provisions of this Act; the Mandal or any committee appointed by the Mandal shall be deemed to be a Court within the meaning of the Indian Evidence Act, 1872 (No. 1 of 1872), and the Code of Civil Procedure, 1908 (No. 5 of 1908) and shall exercise all powers of a Commissioner appointed under the Public Servants (Inquiries) Act, 1850 (No. 37 of 1850) and such inquiries shall be conducted, as far as may be in accordance with the provisions of section 5 of Section 8 to 20 of Public Servants (Inquiries) Act, 1850 (No. 37 of 1850). 29. Appeal against order of the Mandal. Any personWhose application for enrollment in the State Registe- has been rejected; or Whose entry in the State Register has been prohibited under Section 26; or Whose name has been removed from the State Register; may within ninety days of the order rejecting, prohibiting, or removal, as the case may be, appeal to the State Government and the decision of the State Government thereon shall be final. 30. Prohibition of practice except as provided in this Act. No person whose name is not enrolled on the State Register shall practice or hold himself out, whether directly or indirectly as practicing habitually for personal gain as a [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] within the State. Any person who contravenes the provisions of sub-section (1) shall be punished with imprisonment which may extend to 6 months or fine up to five thousand rupees or with both. Chapter VIII Rules And Regulations 31. Power to make Rules. The State Government may make Rules to carry out the purposes of this Act. All Rules made under this Act shall laid on the table of the Vidhan Sabha. 32. Power to make Regulations. (1) (2) (1) (2) (3) (1) (2)
- (1) (2) (1) The Mandal may with the previous sanction of the State Government and subject to Rules made under Section 31 make Regulations, generally to carry out the purposes of this Act and without prejudice to the generality of the foregoing power, such Regulation may provide for : - (a) (b) (c) The management of the property of the Mandal and the maintenance and audit of its account; The manner of election of five members from Registered Practitioners under clause (i) of sub-section
- (1) of Section 4. The powers and duties of the President, and Vice-President; (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) The mode of appointment of committees, the summoning and holding of meetings and the conduct of business of such committees; The travelling and other allowances payable to the members of the Mandal; The manner of hearing and deciding appeals against the decision of the Secretary; The Code of ethics for regulating the professional conduct of Registered Practitioners; The qualifications, the conditions of service, and pay of the Secretary, and other officers, and servants of the Mandal; The form of the State Register; The manner of the revision of the State Register. Manner of admissions to [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] Schools in the State; Manner in which examination will be conducted in the [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.]; Any other matter for which under this Act provisions may be made by Regulations. (2) (3) (4) The State Government, on receiving Regulations for sanction may sanction them, subject to such modifications as it may think fit or return them to the Mandal for reconsideration. All Regulations shall be published in the Official Gazette. The State Government may, by notification, amend or repeal any Regulation. Chapter IX Miscellaneous 33. Penalty for dishonest use of Certificate. Any person who :dishonestly makes use of any certificate of Registration granted under this Act; or procures or attempts to procure registration under the provisions of this Act by making, or producing or causing to be made or produced any false or fraudulent declaration, certificate of representation whether in writing or otherwise; or wilfully makes or causes to be made any false representation in any matter relating to the certificate of registration issued under provisions of this Act; shall on conviction, be punishable with imprisonment which may extend to one year or with fine which may extend to one thousand rupees or with both. 34. Cognizance of offence. No Court shall take cognizance of an offence punishable under this Act, except upon a complaint in writing made by the Secretary or any other officer authorized by the Mandal in this behalf by general or special order. No Court inferior to that of a Magistrate of the first class shall try any offence punishable under this Act. 35. Information to be furnished by the Mandal. The Mandal shall furnish such reports, copies of its minutes, abstracts of its accounts, and other information to the State Government as the State Government may require. 36. Power to amend Schedule. The State Government may by notification amend the Schedule. 37. Control by the State Government. (a) (b) (c) (1) (2) If at any time it appears to the State Government that the Mandal has failed to exercise, or has exceeded or abused any 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, the State Government may, if it considers such failure, excess or abuse, to be of a serious character, notify the particulars thereof to the Mandal, requiring it to remedy such failure, excess or abuse within the period specified in the notice, and if the Mandal fails to remedy such failure, excess or abuse within the period specified in the notice, the State Government may dissolve the Mandal and cause all or any of the powers and duties of the Mandal to be exercised by such person and for such period not exceeding two years as it may think fit, and shall take steps to bring into existence a new Mandal.
Schedule
I
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CHllATI'IS«;JAJUI.ACT
(No. 9 of '2ro7)
- • I I • TilE CIDIATTISGARB CBIKITS~ MANDAL (SANSHODHAN) ACT, 2007_ ~I II An Act further to amend the Chhattbgarlt(lilldtsll Mandal Adbiniyam, 2001 (No. 7 of2001). BeitenactedbyQteCbhattisgarhLepslaturein~Fjfty.-eightbYearof theRepublicofIndia. as follows :- I. (1) This Act may be called the Chhattisgarh Ch.iki.tsa Mandal (Sanshodhan) Shon dtJe ud Com- Adhiniyam. '1!.XYI. . mmammt.
- (2) · It shall oomc into foroe from lbc date ofits publication in the Official Gu.cttc. 2. In Section 2 of the Chhattisgarll CbilcitsaM.anda1Adhiniyam,2001 (No.7of200I) AmeDdmalt of Scc- 3. (hereinafter referred to as the Principal Act),- t1oa l. For clause (c), the following clause shall~ substituted, ~ly :"(C) ;'Medicine" means, Modem and Holistic Medicine and all its ~-" In the Principal Act and its Schedule wherever the words "Practitioner in Alternative Medicine"occur,theyshallbesubstitucdbythewords"PrllctitioncrinModemandHolistic Mcdicioc". . • ~olfq q,"f' "l{i:f ~ w-'1~ml ~\il'R~ ~ ~- awmr-~ Ri. U?W-"ID.~. ( 3-lfll~F(0I ) vm.tcfiR~ YcfiI~Ia . 18 ~ 2001-~ 28, 1923 94] ~3{l"{~mmfflfcMTT ti,m.14, m. t-. ~- ,m, ~. . 18~2001 Ir · -tl12112121-3l( )12001.-'tRtl%'llfqtJR%~213 a:1,ir-n,=dltP1r; ~<1;;qq1am1 si&ufq,;1 f%'ln~ ~yf~f&a~@'ITTQ•1r;f-qfcfittil . an~. 2001 ( . 7lf\2001)Cfi1Q,hulli(Oj~~~Wfilfmrt~m';'i!@l ~- 't(l=f. dt41aGII -air-~- ~ : 1. lif~-::rri:{, fcffimitcillfN. 2. ~ Offifl•I<# ~ (~ 7 tff..2001) a:tuw:f-1 S,lltQfi:ciii ~ ~-2 \J'ffitl'iiJ filfq,ffil lfsMctil ~14~1 ~TrcR 3. ~ ~ 4. ~ llo-1. 5. ~"" ~- 6. ~~ • .:,1qif.+.d ~..,; ~ 7. f1dlifild ~ -1qif..,d ~;RI~ 8. . ~~~~~ ~HC•lldlt 9. 3ttifif@ii4i~ "l.fif. 10. ~~i ,,. ~-~ ~-3 ~qil~lfm4i~~ '' ~-4 qf.si:fiH ('gCH\~1 ~~ ~l~dl 13. _........., l:t ~ 'ltrafiR ~ ~ fflPJI ~ ~- 14. '=t'1t~~ ~- ~ ~ ~mtl 'MNcfi'B ~ ~ 1s. ~-q'1.Wl«lJ~'tfRID"itfm. 16. ~ma~q,1$. ,1. ~~~<nTf.rit!SUl. 18. ~q,1~. . m1lt111i; ~ . ~ 1s 'ti{ 2001 198 (I) 3l~-s ~ ~ ~ ~ t(ci <ti&fi:lrtla101 19. ~ ~ v:ct 3R 311'~ . ~~101101. 20. ~~~- 21. ~<iil 22. "3'(fll~~ · ~ ~am 23. 24. ~- 25. (f,iH{lcfi(Oj ~ "{f';;q ~ 31l2l'JlJ- 7 (f-rl~1<ti{UI ~ ~ {ftiH:C:{ 26. ~~~ "5mm!'{l;;q~if~ ~fi- 27. w;q ~ ij m"Tl"R. 2$. ~'Q~. I 19. ~~ -~ ~~ 30. ~if~ ~ ~1R~Et. 3lUU'll'-8 ~~ fc1M~q 1I 31. f.;t.rq~<tftm. ) 32. fclf.rq-q"if-lR m. 33. "Sfl{Tlll-,r,[ %~ ~1R mful. 34. amtll<iil~- 35. iffflbl'U cft ;;rA <TTffi ==m 36. ~ if mfr~ <tIT llfa>. 37. -u;;q bl'U~- a - .-.l,.; I _.. ----,-N 19 (3)
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- (ifi) ~ ~cti1lliitRam-.rn%i <li1lllU{UJam ~. (-a) \lRJ 4 ~ (.1) ln (i) 3M-I <f"'f?'l<fin oqqtil~~itlt~~<lilf.f<:lm ,- c11>~3l'll:~~~am~.
- (ll) ~ ~ ' ~ ~ ~ . <li1if ~ qft fc;iN, (?;) ~ ~ ~ ·W'f ~ '"'· (~)lffqq f,vfq ~3f'fta. ..'\fR3fr'C~lt{Rtlfzr;rnc6't-ufu, 19 ( 12) , ~ 18 ~ 2001 [ tTIU 2 ("Ef) - 1 _. . .. 19 (13) CHHATTISGARH BILL o. 7 0(2001) HE CHHAITISG RH CHIKIT L VIDBEYAK, 2001 1. F Regulation 4, the following Regulation shaJI be substituted, namely :- "loc.em hip :- After - ~ ...ul compk(ioo of dvcc yean. course. thc:rc shall a 1wdve month rut cing iotem hip in Government Hospital as follow :-
- (a) One month in a ub-HeaJrh Centre.
- (b) Three month in a Primary H.ea.hh Centre.
- (c) Four months in a Communicy Health Centre.
- (d) Four months in a Di tri t Hospital (one month ch in bstetrics Depanmenl, Pa ialric!> Depanm nt, Medicine Department and Surgery Department) Th Chi I Medical Officer ofthe dj trict concerned, hllll issue a cen.ificate on lh basi of those i· ucd hy Lhc departmenls concerned af~ r uccessful completion of the ro ting internship... By order a.nd in lhe. name or the Govern r of Chhaui garh. B.L. AGRA AL. rctary. / 0iilti1IG ~. ~ 23 ~ 2007 478 (3) CHHATnSOARH ACT ( o.9 of 2007 ) THE CHHATTISGARB CJDKITSA MANDAL (SANSBODBAN) ACT, 2007 An Ad rurtber to amend the ChhatthgarkChlkitsa Manda) Adhiniyam, 2001 (No. 7 of2001).
- • r Beitenacted by I.beCbhattisgarhLegi laturc in the FJfty-eigbthYcarof theRepublicofIndia, as follows:- I. (1) Thi Act may be called the Chbattisgarh Chikitsa P4andal (Sanshodhan) Short title and C«a- mmammL Adhiniyam.. 2007.
- (2) It shaU oome i.nto force from the date of its pu lication in the Official Oaz.ette. 2. In Section 2 of the Chhattisgarh Chi.kits& Ma1lda1 Adhiniyam.. 2001 (No. 7 of2001) Amadmmt or Sec- 3. (bercinafter referred to as the Principal Act) .- lioa In the Principal Act and i Schedule wherever the words "Practitioner in Alternative Medicine"occur, they hallbesubstimedby the wordS "Practitionerin Modemand Holistic Medicine". J .;.....A......, • " n -~, II~~. ~ 3Rf'1'@' 'ffli 't'"ll"-4"1 ~ 90 tlliif,-:i•v fziR>%-m~~-~*m~ c~~m; ~ - 114J-009n00312.0-01-03.'' ~. 2-22-u'dl~•,4 ~38 fb'. 1'. f\tffl(, ~ 30-5-2001. II ( 3ttUtll<0I ) ~~ QenI~Id ~ ~ . ~ 23 atrmf 2007-'fm ,, ~ 1929 ~ 228-at ] ~ ~ fcttn4l cfill.f ~ ~1111ffif~.~ ~ ~ 27 atTffit 2007 ~ 74SOl1ft. 1s1n1-at111L/B. Tt.101. eiilt-1114 ~lNt~ f?li::t~r&a a1fl1Pl4q f.im"q'{~ 11-oa-2001 ~ o..qqjt'j ~ ~ VCRTI~ ,~ ~1'>°t ••11-icfil(I ~~'Sl1'i1ft@ f.6"lfl ~ w:dlt11w,~~l\ aa(tA:ll<I<. ~ ·~.~~ .. . ., 478 (1) 478 (2) 23~2007 ~lffifl'I~ ~ (~ 9 lr-1.2007) &iftft•lf f'itPcfiit4t ~ ~. 2001 (~ 7 W{. 2001 ) W 3frtlimftra~tu arlbf.tQi(. ~ ~ ~ ol{dlcl➔~ cfff if mfttt•lif ~~-ml F-IL-tfclf&a lilt 'q 'Zll ~ ii:- 2. wtiht114 ficl%t\lt lffilac~f.tqq, 2001 (~7 v-t_2001) (.it~~~"I@ ~ - %lilliff.tf& t), "4>i qm 2if,- J. • 11.l't4'.4l\+ul{1Will~• .-qf u-or.s,~l1.Jl€e<-'N« ~•' ll~~ 1K•·~ f" ~it-a-1'1afR4 WlR" ~ 'lt11f.l'7450ftt. 181n1-avsll./W.'ll./07.-'llffil~~~~348 (3)~~1fYffltll•~ f-ccf•te1 ~ {~) ~f-tq'i, "1007 (ffi'i 9 lfl.2007) 1fiJ ~ ~ ~~lfflV<fiR°i ~Y<51ftsa f.f;1=T ~ t. dffl~•i4 %lJGq'q@%-;nq"Q tTtn dfl~flljtil(, ~fttrc51{{, oll-lW<R
2 For clause (c), the following clause shall be substituted, namely :"(C) "Medicine" means, Modem and Holistic Medicine and all its branches."