Chapter 2 ESTABLISHMENT OF COUNCILS

1. (1) The Government shall, by notification in the Gazette, establish the following three Councils, commonly known as Kerala State Medical Councils, namely:—
   • (a) the Council of Modern Medicine;
   • (b) the Council of Indian Systems of Medicine;
   • (c) the Council of Homoeopathic Medicine.
2. (2) Each such Council shall be a body corporate having perpetual succession and a common seal and shall, by the said name sue and be sued: Provided that the Councils function at the time of coming into force of this Act shall be deemed to have established under this Act and continue as such till Councils under this Act are constituted.
3. (3) The Council of Modern Medicine consists of the following fifteen members, namely:—
   • (a) the Director, Medical Education Department (ex-officio);
   • (b) the Director, Health Services Department (ex-officio);
   • (c) one member having not less than fifteen years teaching experience elected by the faculty members of Modern Medicine, Kerala University of Health Sciences from among themselves;
   • (d) one member nominated by the Government from among the Principals of the Government Medical Colleges in the State, affiliated to the Kerala University of Health Sciences;
   • (e) one member having not less than fifteen years teaching experience elected by the Principals of the Private/Self Financing Medical Colleges in the State, affiliated to the Kerala University of Health Sciences from among themselves;
   • (f) Five members having not less than fifteen years experience, elected by the registered practitioners of Modern Medicine in the State, from among themselves;
   • (g) Four members having not less than fifteen years experience, nominated by the Government from the medical practitioners of Modern Medicine in the State, of whom,—
     • (i) one shall be a member of the scheduled caste or scheduled tribe; and
     • (ii) one shall be a woman.
   • (h) The Registrar of the Kerala University of Health Sciences (ex-officio).
4. (4) The Council of Indian Systems of Medicine consists of the following fifteen members, namely:—
   • (a) the Director, Ayurveda Medical Education Department (ex-officio);
   • (b) the Director, Indian Systems of Medicine Department (ex-officio);
   • (c) one member elected by the faculty members of Ayurveda, Siddha, Unani, Yoga and Naturopathy affiliated to the Kerala University of Health Sciences, from among themselves;
   • (d) one member nominated by the Government from among the Principals of the Government Ayurveda Medical Colleges in the State, affiliated to the Kerala University of Health Sciences;
   • (e) one member elected by the Principals of the Private/ Aided/Self Financing Medical Colleges of Ayurveda/Siddha/Unani and Yoga and Naturopathy institutions in the State, affiliated to the Kerala University of Health Sciences from among themselves ;
   • (f) one member elected by the registered practitioners of Ayurvedic Medicine in the State, from among themselves;
   • (g) one member elected by the registered practitioners in the Siddha Medicine in the State, from among themselves;
   • (h) one member elected by the registered practitioners of Unani Tibbi Medicine in the State, from among themselves;
     • (i) one member elected by the registered practitioners of Yoga and Naturopathy in the State, from among themselves;
   • (j) Five members nominated by the Government from among the registered practitioners of Indian Systems of Medicine, of whom,—
     • (i) One each shall be from Siddha, Unani and Yoga and Naturopathy;
     • (ii) One shall be a member of the scheduled caste or scheduled tribe; and
     • (iii) One shall be a woman.
   • (k) The Registrar of Kerala University of Health Sciences (ex-officio).
5. (5) The Council of Homoeopathic Medicine consists of the following twelve members, namely:—
   • (a) the Principal and Controlling Officer, Homoeopathic Medical Education (ex-officio);
   • (b) the Director, Homoeopathic Department (ex-officio);
   • (c) one member elected by the faculty members of Homoeopathic Medicine, Kerala University of Health Sciences, from among themselves;
   • (d) one member nominated by the Government from among the Principals of the Government Homoeopathic Medical Colleges in the State, affiliated to the Kerala University of Health Sciences;
   • (e) one member elected by the Principals of the Private/ Aided/Self Financing Homoeopathic Medical Colleges in the State, affiliated to the Kerala University of Health Sciences from among themselves ;
   • (f) three members elected by the registered practitioners of Homoeopathic Medicine in the State, from among themselves;
   • (g) three members nominated by the Government from the registered practitioners of Homoeopathic Medicine in the State, of whom,—
     • (i) one shall be a member of the scheduled caste or scheduled tribe; and
     • (ii) one shall be a woman.
   • (h) The Registrar of Kerala University of Health Sciences (ex-officio).

If any of the members

mentioned in clause (c), (e) or (f) of sub-section (3) or clause (c), (e), (f), (g), (h) or (i) of sub-section (4) or clause (c), (e) or (f) of sub-section (5) of section 3 is not elected within six months, the Government may nominate such qualified registered practitioners as the case may be, and the practitioners so nominated shall, for the purposes of this Act, be deemed to have been duly elected under clause (c), (e) or (f) of sub-section (3) or clause (c), (e), (f), (g), (h) or (i) of sub-section (4) or clause (c), (e) or (f) of sub-section (5) of section 3, as the case may be.

Every member of a Council shall be a

registered practitioner and holder of a recognized qualification.

Notwithstanding anything

contained in sections 3 and 4, in the case of the first Councils, all the members other than the ex-officio member shall be nominated by the Government:

Provided that the members so nominated shall be registered practitioners and holders of recognized qualifications.

1. (1) Save as otherwise provided in this Act, the term of office of the members other than the ex-officio members shall be for a period of five years from the date on which the first meeting of such Council is held.
2. (2) An outgoing member on completion of term, shall continue in office until his successor is elected or nominated, as the case may be.
3. (3) An outgoing member on completion of term, shall be eligible for re-election or renomination one more time, if otherwise qualified.

1. (1) Each Council shall elect one of its members to be its President and another member to be its Vice-President: Provided that the President and Vice-President of the first Council shall be nominated by the Government.
2. (2) The President shall be deemed to have vacated his office on resignation or on the expiry of his term of office as a member or on his otherwise ceasing to be a member.
3. (3) The Vice-President shall be deemed to have vacated his office,—
   • (a) on resignation or on the expiry of his term of office as a member or on his otherwise ceasing to be a member; or
   • (b) on his election as President.
4. (4) When the office of the President is vacant, the Vice-President shall exercise the functions of the President, until a new President assumes office.
5. (5) When the office of the President is vacant, or the President is incapacitated and at the same time, there is a vacancy in the office of the VicePresident or the Vice-President is incapacitated, the Registrar shall, after giving notice of not less than seven clear days to the members of the Council, convene a meeting for the election of a President, if there is a vacancy in that office. Until a new President is elected and assumes office, or either the President recovers from his incapacity, Director of Medical Education, Director of Ayurveda Medical Education, Principal and Controlling Officer of Homoeopathic Medical Education, as the case may be, shall, notwithstanding anything contained in this Act, be ex-officio member and President of the respective Council.
6. (6) An outgoing President or Vice-President is eligible for re-election if otherwise qualified. Explanation:- A new President or Vice-President shall be deemed to have assumed office on his being declared elected as such.

If any vacancy occurs in the office of a member of a Council through death, resignation, removal or disqualification of such member or otherwise, prior to the expiry of the term of his office, the vacancy shall be filled in the manner prescribed by rule. Any person elected or nominated to fill the vacancy shall, notwithstanding anything contained in section 8, hold office only so long as the member in whose vacancy he is elected or nominated would have held office if the vacancy had not occurred:

Provided that it shall be lawful for the Council to exercise its powers under this Act, notwithstanding such vacancy.

All elections, nominations

and the appointments of the President, Vice-President, members of each Council and the Registrar shall be notified in the Official Gazette by the Government.

A person shall be disqualified for

being a member, or for being elected or nominated as a member of a Council,—

1. (a) if he is an undischarged insolvent;
2. (b) if he is of unsound mind and stands so declared by a competent court;
3. (c) if he has been punished by the Council concerned in any manner for infamous conduct in the profession or if he is dismissed from service under any Government;
4. (d) if his name has been removed from the register concerned maintained under this Act and has not been reinstated under this Act;
5. (e) if having been elected under clause (c) of sub-section (3), clause (c) of sub-section (4) or clause (c) of sub-section (5) of section 3, he ceases to be a member of the Faculty of Modern Medicine, Homoeopathic Medicine or Indian Systems of Medicine of Kerala University of Health Sciences, as the case may be;
6. (f) if having been nominated under clause (d) of sub-section (3), clause
7. (d) of sub-section (4) or clause (d) of sub-section (5) of section 3, he ceases to be a Principal of the Government Medical College, Government Homoeopathic Medical College or Government Ayurveda Medical College in the State, as the case may be; or
8. (g) if having been elected under clause (e) of sub-section (3), clause (e) of sub-section (4) or clause (e) of sub-section (5) of section 3, he ceases to be the Principal of Private Medical College or Private/Aided/Self Financing Medical College of Ayurveda/Siddha/Unani/Yoga and Naturopathy Institution or Private/Aided/Self Financing Homoeopathic Medical College in the State, as the case may be.

A member of a Council shall be deemed to have vacated his seat,—

1. (a) on the expiry of the term of office;
2. (b) on resignation;
3. (c) on being absent without sufficient cause in the opinion of the Council concerned from three consecutive meetings of such Council; or
4. (d) on becoming subject to any of the disqualifications mentioned in section 11.

Any member or Vice-President of a

Council may at any time resign his office by giving notice in writing to the President. The President may resign his office by giving notice in writing to the Council concerned. Such resignation shall take effect in the case of a member, or Vice-President from the date on which it is received by the President and in the case of the President from the date on which it is placed before the Council.

1. (1) No disqualification or defect in the election or nomination of any person acting as a member of a Council or as President or Vice-President or presiding member of a meeting shall be deemed to invalidate any act or proceedings of such Council in which such person has taken part.
2. (2) No act done by a Council shall be deemed to be invalid on the ground merely of the existence of any vacancy in or any defect in the constitution of such Council.

Each Council shall meet at such time and place and every meeting of the Council shall be summoned by such person and in such manner as may be prescribed by regulations:

Provided that until such regulations are made, it shall be lawful for the President to summon a meeting at such time and place as he may deem expedient by notice addressed to each member.

1. (1) Every meeting of a Council shall be presided over by the President, in his absence by the Vice-President and in the absence the President and the Vice-President, by a member chosen by the meeting to preside for the occasion.
2. (2) The President shall preserve order and shall decide all points of order at or in connection with meetings. After the explanation of the member on the point of order, the President can take the decision and the said decision shall be final.
3. (3) The Vice-President or the member presiding for the occasion shall, for that meeting and during the period in which he presides over it, have all the powers of the President.
4. (4) The matters which are to be decided by voting in a meeting of a Council shall be decided by the votes of the majority of the members present and voting at the meeting. Two third of the members will form a quorum. If within half an hour from the time appointed for the meeting there is no quorum, the meeting may stand adjourned to the same day in the following week at the same time and place, unless a place, date and time are decided otherwise and if at the adjourned meeting there is no quorum within half an hour from the time appointed for the meeting, the members present shall form a quorum.
5. (5) At every meeting of a Council, the President shall, in addition to his vote as a member of the Council, have a second or casting vote in case of votes being equal.

There shall be paid to the President,

Vice-President and other members of each Council such fees and allowance for attendance in connection with the meetings of the Council or of any committee thereof and such travelling allowances as shall, from time to time, be prescribed by rules.

Each Council shall have

power to appoint an Executive Committee, Ethics Committee and other Committees from among its members and to delegate to such committee such of the powers and duties vested in the Council as the Council may deem fit, other than those provided by sections 19, 20 and 21.

1. (1) The Government shall, appoint a Registrar common to all the Councils and he shall be the Secretary to such Councils and committees appointed under section 18. The Government may grant him leave and may appoint a person to act in his place.
2. (2) The appointment of Registrar shall be made from the post not below the rank of Additional Secretary from Law Department, on deputation basis.

1. (1) The Registrar shall be Chief Executive of the three Councils and also the Head of the office of the Council.
2. (2) Subject to the provisions of this Act and subject to any general or special order of the Council concerned, it shall be the duty of the Registrar to keep the registers.
3. (3) There shall be separate registers for Modern Medicine, Homoeopathic Medicine, Ayurvedic Medicine, Siddha Medicine, Unani Tibbi Medicine, Yoga and Naturopathy. The registers shall be in such form and shall contain such particulars as may be prescribed by rules.
4. (4) The Registrar shall keep the registers up-to-date in accordance with the provisions of this Act and the rules and regulations made thereunder, and shall remove from the registers the names of registered practitioners who are dead or whose names are directed to be removed from the registers under sections 28, 29, 33 and 34.
5. (5) The registers shall be deemed to be public documents under section 74 of the Indian Evidence Act, 1872 (Central Act 1 of 1872).

1. (1) A joint sitting of all the three Councils may appoint or employ such other officers and employees on prescribed by rules as it may deem necessary, for the purposes of this Act. The Registrar shall be the appointing authority of all office staff of the Councils and he shall also be the disciplinary authority: Provided that the number and designations of such officers and employees and their salaries and allowances shall be subject to the previous approval of the Government.
2. (2) The method of recruitment and the conditions of service such as pay, allowances, promotions, leave, pension, gratuity and provident fund relating to the officers and employees appointed or employed under sub-section (1) shall be governed by the rules applicable to officers and employees of the Government of similar class/grade.
3. (3) All officers and employees appointed or employed under sub-section (1) shall be under the direct control and supervision of the Registrar. The powers of the Registrar to punish, dismiss, discharge and remove any such officer or employees shall be governed by such rules as may be prescribed by the Government in this behalf.
4. (4) All officers and employees appointed or employed under sub-section (1) shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Act 45 of 1860).

1. (1) As soon as the first Council is formed, the Council of Modern Medicine, the Council of Indian Systems of Medicine and the Council of Homoeopathic Medicine shall make regulations consistent with this Act and rules made thereunder by notification with the previous approval of Government.
2. (2) Each Council is competent to delete, add to, modify or alter all or any of the regulations. A proposal for such deletion, addition, modification or alteration shall not be taken into consideration unless twenty five or more registered practitioners petition to such Council and demand the same. Such changes shall not be deemed to have been effected by such Council unless not less than three fourth of the members present at the meeting of such Council vote in favour of the same.

1. (1) If at any time it is convinced to the Government that a Council has failed to exercise or has exceeded or abused any of the powers conferred on it by or under this Act or has failed to perform any of the duties imposed upon it by or under this Act, the Government may, if it considers such failure, excess or abuse to be of a serious character notify the particulars thereof to such Council, and if such Council fails to remedy such default, excess or abuse, within such time the Government may fix in this behalf, the Government may dissolve such Council and cause all or any of the powers and duties of such Council to be exercised and performed by such a person and for such period as it may think fit, and thereupon the funds and property of such Council shall vest in the Government for the purposes of this Act until a new Council have been constituted under section 3.
2. (2) When the Government have dissolved a Council under sub-section (1), it shall take steps as soon as may be to constitute a new Council under section 3 and thereupon the property and funds referred to in sub-section (1) shall vest in the Council so constituted.