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.

1. (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. (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.
3. (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.
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)
5. (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-