Chapter II CONSTITUTION, FUNCTIONS AND POWERS OF THE COUNCIL.

Subject to such conditions as may be prescribed by or under the provisions of this Act, the powers, duties and functions of the Council shall be- (a) to maintain the register, and to provide for the registration of medical practitioners; (b) to hear and decide appeals from any decision of the Registrar; (c) to prescribe a code of ethics for regulating the professional conduct of practitioners; (d) to reprimand a practitioner, or to suspend or remove him from the register, or to take such other disciplinary action against him as may, in the opinion of the Council, be necessary or expedient; (e) to exercise such other powers, perform such other duties and discharge such other functions, as are laid down in this Act, or as may be prescribed.

(1) The Council shall, as soon as may be, constitute an Executive Committee consisting of the President as ex-officio member and such number of other members, elected by the Council from amongst its members, as may be prescribed. (2) The term of office of, and the manner of filling casual vacancies among, and the procedure to be followed by, the members of the Executive Committee shall be such as may be prescribed. (3) In addition to the powers, duties and functions conferred, imposed and entrusted by this Act, the Executive Committee shall exercise such powers, perform such duties, and discharge such functions, of the Council as may be delegated to it by rules or entrusted to it, from time to time, by the Council. (4) The President shall be the ex-officio Chairman of the Executive Committee.

There shall be paid to the President, the Vice-President and other members of the Council, and to the members of its Executive Committee, such fees and allowances for attendance at meetings, and such reasonable travelling allowance, as shall from time to time be prescribed.

(1) The income of the Council shall consist of- (a) fees received from the practitioners, (b) grants received from the State Government, if any, and (c) any other sums received by the Council. (2) It shall be competent for the Council to incur expenditure for the following purposes, namely:- (a) salaries and allowances of the Registrar and the staff maintained by the Council; (b) fees and allowances paid to the members of the Council and the Executive Committee; (c) remuneration paid to the assessors; and (d) such other expenses as are necessary for performing the duties and discharging the functions under this Act.

(1) The Council shall, with the previous sanction of the State Government, appoint a Registrar. (2) The Executive Committee may from time to time grant leave to the Registrar: Provided that, if the period of leave does not exceed one month, the leave may be granted by the President. (3) During any temporary vacancy in the office of the Registrar due to leave or any other reason, the Executive Committee may, with the previous sanction of the State Government, appoint another person to act in his place, and any person so appointed shall, for the period of such appointment, be deemed to be the Registrar for the purposes of this Act: Provided that, when the period of such vacancy does not exceed one month, the appointment may be made by the President, who shall forthwith report such appointment to the Executive Committee, and the State Government. (4) The Council may, with the previous sanction of the State Government, suspend, dismiss or remove any person appointed as the Registrar, or impose any other penalty upon him. (5) Save as otherwise provided by this Act, the salary and allowances and other conditions of service of the Registrar shall be such as may be prescribed. (6) The Registrar shall be the Secretary and the Executive Officer of the Council. He shall attend all meetings of the Council, and of its Executive Committee, and shall keep minutes of the names of members present and of the proceedings at such meetings. (7) The accounts of the Council shall be kept by the Registrar, in the prescribed manner. (8) The Registrar shall have such supervisory powers over the staff as may be prescribed, and may perform such other duties and discharge such other functions as may be specified in this Act, or as may be prescribed. (9) The Registrar shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

(1) The Council may appoint such officers and servants, other than the Registrar, as it may deem necessary for performing its duties and discharging its functions under this Act: Provided that, the number and designations of such officers and servants and their salaries and allowances shall be determined by the Council, with the previous sanction of the State Government. (2) Notwithstanding anything contained in sub-section (1), but, subject to such financial limit as may be laid down in this behalf by the Council, it shall be competent for the Executive Committee to create temporary posts of clerks or servants and to make appointments thereto, to meet any temporary increase in work, or to carry out any work of a seasonal character. (3) The other conditions of service of the officers and servants of the Council shall be such as may be prescribed. (4) The officers and servants of the Council appointed under this section shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

(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, in accordance with the provisions of this Act. (2) The register shall he 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 Schedule to this Act or in the First, Second or Third Schedule to the Indian Medical Council Act, 1956, shall, subject to any conditions laid down by or under the Indian Medical Council Act, 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, diploma, licence or certificate, be entitled to have his name entered in the register. (4) The name of every person- (a) who, being entered, on or after the 1st May 1961 in the register duly kept under section 6 of the Bombay Medical Act, 1912 as in force in the Bombay area of the State (hereinafter referred to as "the Bombay Area Register") stands entered in the said register on the day immediately preceding the appointed day, or (b) who stands entered in the register duly kept under section 6 of the Bombay Medical Act, 1912 as adapted and applied to the Saurashtra area of the State, on the day immediately preceding the appointed day, 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. (5) (a) Every person, whose name was entered on a date prior to the 1st May 1961 in the Bombay Area Register and continued in such register on the day immediately preceding the appointed day, shall be entitled to have his name continued in the register prepared under this Act in accordance with provisions of clause (b). (b) Within a period of three months from the appointed day or such further period as the State 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, calling upon every person to whom clause (a) applies, to pay to the Registrar in the prescribed manner a fee of five rupees if he desires to continue his name on the register under this Act, and shall also send individual notice for a like purpose by registered post to every such person at his last known address in such form as may be prescribed. 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 such fee should have been paid, the name so removed may be re-entered in the register on payment of a fee of ten rupees. (6) After the last date for payment of the fee of five rupees under clause (b) of sub-section (5) has expired and the register prepared in accordance with the foregoing provisions is ready, the Registrar shall publish a notice in the Official Gazette and such newspapers as the Council may select, about the register having been prepared, and the register shall come into force from the date of the publication of such notice in the Official Gazette. (7) Every registered practitioner shall be given a certificate of registration in the prescribed form. The registered practitioner shall display the certificate of registration in a conspicuous part in the place of his practice and if he has more than one such place in any one of them.

(1) No person who possesses a medical qualification granted by any authority in any place outside the territory of India (other than the qualifications specified in the Second Schedule or the Third schedule to the Indian Medical Council Act, 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 date on which it was granted, and by presentation of his degree, diploma, licence or certificate. The Council shall transmit to the Central Government the application with its opinion whether the medical qualification possessed by the applicant should be included in Part II of the Third Schedule to the Indian Medical Council Act, 1956. If the medical qualification is so included in pursuance of the provisions of sub-section (4) of Section 13 of that Act the Council may, subject to the provisions of that Act and on payment of the prescribed fee, enter his name in the register under section 16.