Chapter III Preparation and Maintenance of Register

(1) As soon as may be after the appointed day, the Registrar shall prepare and maintain thereafter a register of medical practitioners for the State of Goa, in accordance with the provisions of this Act. (2) The register shall be in such form and may be divided into such parts, as may be prescribed. The register shall include the full name, address and qualifications of the registered practitioner, the date, on which each qualification was obtained and such other particulars as may be prescribed. (3) Any person who possesses any of the qualifications specified in the First, Second or Third Schedule to the Indian Medical Council Act, 1956 (Central Act 102 of 1956) shall, subject to any conditions laid down by or under the Indian Medical Council Act, 1956 (Central Act 102 of 1956) at any time on an application made in the prescribed form to the Registrar and on payment of the prescribed fee and on presentation of his degree or diploma, be entitled to have his name entered in the register: Provided that, the name of an applicant who is unable to present his degree or diploma may be entered in the register, if he satisfies the President that he holds such degree or diploma but cannot for sufficient cause present the same with his application. (4) The name of every person— (a) who on the day immediately preceding the appointed day stands registered in the Directorate of Health Services of the Government of Goa under the Decreto No. 34417 dated 21-2-1945 (Art. 130) as in force in the State of Goa shall be entered in the register prepared under this Act, without such person being required to make an application or to pay any fee for this purpose. (b) Notwithstanding anything contained in clause (a) within a period of three months from the appointed day or such further period as the Government may allow, the Registrar shall publish a general notice in the Official Gazette and in such newspapers as the Council may select, in such form as may be prescribed and send indi-vidual notice by registered post to every such person at his last known address in such form as may be prescribed, calling upon every such person to pay to the Registrar in the prescribed manner the prescribed fee if he desires to continue his name on the register under this Act. The name of every such person who pays such fee before the expiry of the period of two months from the date of publication of the general notice in the Official Gazette shall be continued on the register, without such person being required to make an application or to pay any other fee for this purpose. If such fee is not paid within time, the Registrar shall remove the name of the defaulter from the register: Provided that, if any application for continuance of the name so removed is made to the Registrar within a period of six months from the last date on which fee should have been paid,

(1) No person who possesses a medical qualification granted by any authority in any place outside the territory of India (other than the qualification specified in the Second Schedule or Part II of the Third Schedule to the Indian Medical Council Act, 1956) (Central Act 102 of 1956), shall be registered under this Act, unless the procedure specified in sub-section (2) has been followed. (2) Any person, who holds any such medical qualification may apply to the Council for registration by giving a correct description of his qualification, with the dates on which they were granted and by presentation of his degree or diploma. If the Council is satisfied that the degree or diploma held by the applicant is such as to secure the possession by the applicant of the requisite knowledge and skill for efficient practice as a medical practitioner, the Council may, with the previous approval of the Executive Committee of the Medical Council of India constituted under the Indian Medical Council Act, 1956 (Central Act 102 of 1956) and on payment of the prescribed fee, enter his name in the register if the applicant is a citizen of India and if the applicant is not such a citizen enter his name in the register, subject to such conditions as the Council may deem fit to impose.

Notwithstanding anything contained in sections 16 and 17, no person, whose name has been removed from any register kept under this Act or any other law for the time being in force in India regulating the registration of medical practitioners on the ground of professional misconduct, shall be entitled to have his name entered in the register, unless his name is duly ordered to be restored to the register from which it was so removed.

(1) Any person who desires to be registered provisionally under section 25 of the Indian Medical Council Act, 1956 (Central Act 102 of 1956), shall make an application in the prescribed form to the Registrar and shall pay the prescribed fee. (2) Every person whose name is entered in the register under sub-section (1), shall be given a certificate of provisional registration in the prescribed form. Such certificate shall remain in force for such period as may be specified therein.

(1) It shall be the duty of the Registrar to make entries in the register, from time to time, to revise the same and to issue certificates of registration in accordance with the provisions of this Act and the rules made thereunder. (2) The names of registered practitioners who die or whose names are directed to be removed from the register under section 22, shall be removed therefrom. (3) Any person whose name is entered in the register and who subsequent to his registration desires to record in the register any change in his name, shall on an application made in this behalf and on payment of the prescribed fee be entitled to have such change in his name recorded in the register. (4) Subject to the provisions of section 26 of the Indian Medical Council Act, 1956 (Central Act 102 of 1956), any person whose name is entered in the register and who subsequent to his registration obtains any additional qualifications specified in any of the Schedules to the Indian Medical Council Act, 1956 (Central Act 102 of 1956), shall on an application made in this behalf, and on payment of the prescribed fee, be entitled to have an entry stating such additional qualification made against his name in the register. (5) The Registrar may, on an application in that behalf and on payment of the prescribed fee, issue a duplicate certificate.

(1) At such time after the publication of the notice under sub-section (5) of section 16 as the Council deems fit and thereafter every five years, the Registrar shall cause to be printed and published a correct list of all persons for the time being entered in the register. (2) The Registrar shall cause to be printed and published annually on or before a date to be decided by the Executive Committee, an addendum and a corrigendum to the list published under sub-section (1) showing— (a) the names of all persons for the time being entered or re-entered in the register and not included in any subsisting list already printed and published; (b) the names of all practitioners included in any subsisting list, whose names have since been removed on account of any reason whatsoever from and not re-entered in, the register; and (c) any other amendments to the subsisting list. (3) The form of the list published under sub-section (1), the particulars to be included therein, and the manner of its publication, shall be such as may be prescribed. (4) A copy of the list referred to in sub-section (1) shall be evidence in all Courts, and in all judicial or quasi-judicial proceedings, that the persons therein specified are registered according to the provisions of this Act and the absence of the name of any person from such copy shall be evidence, until the contrary is proved, that such person is not registered according to the provisions of this Act: Provided that, in the case of any person whose name does not appear in such copy, a certified copy under the hand of the Registrar of the entry of the name of such person on the register shall be evidence that such person is registered under the provisions of this Act.

(1) If a registered practitioner has been, after due inquiry held by the Council or by the Executive Committee in the prescribed manner, found guilty of any misconduct by the Council, the Council may— (a) issue a letter of warning to the practitioner, or (b) direct the name of such practitioner — (i) to be removed from the register for such period as may be specified in the direction, or (ii) to be removed from the register permanently. Explanation.— For the purpose of this section, “misconduct” shall mean— (i) the conviction of a registered practitioner by a criminal court for an offence which involves moral turpitude and which is cognizable within the meaning of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974); or (ii) the conviction under the Army Act, 1950 (Central Act 46 of 1950) of a registered practitioner subject to military law for an offence which is cognizable within the meaning of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974); or (iii) any conduct which, in the opinion of the Council is in famous in relation to the medical profession particularly under any Code of Ethics prescribed by the Council or by the Medical Council of India constituted under the Indian Medical Council Act, 1956 (Central Act 102 of 1956) in this behalf. (2) If the name of any such practitioner is also entered in the register or the list maintained by the Directorate of Health Services, Goa, under Decreto No. 34417 of 21-2-1945 (Art. 130), it shall be the duty of the Registrar to give intimation of such removal to the authority entitled to maintain the said register or the said list. (3) If the name of a registered practitioner is also entered in the register or the list, as the case may be, maintained under any of the laws referred to in sub-section (2) and it is removed from the said register or the said list, the Council shall if such removal comes or is brought to its notice, also remove the name of such registered practitioner from the register under this Act. (4) The Council may, on sufficient cause being shown, direct at any subsequent date that the name of a practitioner removed under sub-section (1) or (3) shall be reentered in the register on such conditions and on payment of such fee, as may be prescribed. (5) The Council may, of its own motion, or on the application of any person, after due and proper inquiry and after giving an opportunity to the person concerned of being heard, cancel or alter any entry in the register if, in the opinion of the Council, such entry was fraudulently or incorrectly made. (6) In holding any inquiry under this section, the Council or the Executive Committee, as the case may be, shall have the same powers as are vested in Civil Courts under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), when trying a suit, in respect of the following matters, namely: — (a) enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents; (c) issuing of commissions for the examination of witnesses. (7) All inquiries under this section shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (Central Act 45 of 1860). (8) (a) For the purpose of advising the Council or the Executive Committee, as the case may be, on any question of law arising in any inquiry under this section, there may in all such inquiries be an assessor, who has been for not less than ten years— (i) an advocate enrolled under the Advocates Act, 1961 (Central Act 25 of 1961) in force; or (ii) an attorney of a High Court. (b) Where an assessor advises the Council, or the Executive Committee, on any question of law as to evidence, procedure or any other matter, he shall do so in the presence of every (c) Any assessor under this section may be appointed either, generally, or for any particular inquiry or class of inquiries, and shall be paid the prescribed remuneration.

23. Removal of registration.— Notwithstanding anything contained in sections 16 and 21,— (a) on such date after the date of publication of the notice under sub-section (5) of section 16, as the Executive Committee may with the previous sanction of the Government decide, and every five years thereafter, the Registrar shall cause two notices in the prescribed form to be published, at an interval of not less than thirty days, in the Official Gazette calling upon in the manner provided in clause (b) all registered practitioners to make an application to the Registrar for the continuance of their names on the register; (b) The Registrar shall, after the publication of the first notice under clause (a), send a notice by registered post enclosing therewith the prescribed form of application to the registered practitioners at their address as entered in the register, calling upon them to return the application to the Registrar for the continuance of their names on the register within forty five days of the date of the notice, together with the prescribed fee. If any of the registered practitioners fail to return such application within the time specified, the Registrar shall issue a further notice to such registered practitioner by registered post after the publication of the second notice under clause (a) enclosing there with the prescribed form of application calling upon him to return the application to the Registrar for the continuance of his name on the register within thirty days of the date of the further notice, together with a fee of rupees one hundred. (c) If the application is not made on or before the date fixed by the further notice sent by registered post under clause (b), the Registrar shall remove the name of the defaulter from the register and shall inform him of such removal by registered post: Provided that, if any application for continuance of the name so removed is made within a period of six months from the date fixed by the said notice sent by registered post under clause (b), the name so removed may be re-entered in the register on payment of the prescribed fee.

24. Appeals.— (1) Any person aggrieved by any decision of the Registrar under this Act may, within period of one month a from the date on which the decision is communicated to him, appeal to the Council, which shall hear and determine the appeal in the prescribed manner. (2) Save as otherwise provided in the Indian Medical Council Act, 1956 (Central Act 102 of 1956), every decision of the Council under this Act shall be final.

25. Rights of registered practitioners.— Not-withstanding anything contained in any law for the time being in force — (i) the expression “legally qualified medical practitioner” or “duly qualified medical practitioner” or any word importing a person recognised by law as a medical practitioner or member of the medical profession shall, in all Acts of the State Legislature and in all Central Acts (in their application to the State of Goa) in so far as such Acts relate to any matters specified in List II or List III in the Seventh Schedule to the Constitution of India, include a practitioner whose name is entered in the register under this Act; (ii) every registered practitioner shall be exempted, if he so desires, from serving on an inquest under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

26. General provisions applicable to medical practitioners.—The provisions of this Act are in addition to, and not in derogation of, the provisions of the Indian Medical Council Act, 1956 (Contral Act 102 of 1956).