Chapter V MISCELLANOUS

Prohibition from practice except as provided in this Act or central Act no.102 of 1956. Save as provided in this Act or the Indian Medical Council Act, 1956 (No.102 of 1956), no person shall practice or hold or himself out, whether directly or indirectly as practising medicine within the state.

Control by State Government. If it any time it appears to the State Government that the council has failed to exercise or has exceeded or abused any of the 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 nature notify the particulars thereof to the council, and if the council fails to remedy such failure, excess or abuse within such time as the State Government may fix in this behalf, the State Government may dissolve the council for a period of two years which may be extended by the State Government for a period not exceeding one year at a time but the period of dissolution in the aggregate shall not exceed five years and cause all or any of the powers and duties of the council to be exercised and performed by such person and for such period, as it may think fit and shall take stapes to bring into existence a new council.

Information to be furnished by council and publication thereof.

1. (1) The council shall furnish such report, copies of its minutes, abstract of its account, and other information to the State Government as the State Government may require.
2. (2) The State Government may publish in such manner as it may think fit, any report, copy, abstract or other information furnished to it under this section.

Penalty. If any person whose name is not enrolled on the State Medical Register practices as a registered medical practitioner, he shall be punishable with rigorous imprisonment for a term which may extend two three years and with fine which may extend to Five Thousand Rupees; Provided that, -

1. (i) the person possessing bachelor in Ayurvedic with Modern Medicine and Surgery Degree and registered with the Madhya Pradesh Board of Ayurvedic and Unani Systems of Medicine and Naturopathy shall not be punishable under this section for prescribing allopathic medicines or practicing surgery if his registration certificate authorizes him to do so;
2. (ii) The medical practitioner entitled to privileges of section-27 of the Indian Medical Council Act, 1956 (No.102 of 156) shall not be punishable under this section for his non-registration in Madhya Pradesh.

Vacancy not to invalidate proceeding etc. No Act or proceeding of the council shall be invalid merely by reason of, -

1. (a) any vacancy in, or defect in the constitution thereof; or
2. (b) any defect in the election or nomination of a person acting as member thereof; or
3. (c) any irregularity in its procedure not affecting the merits of the case.

Protection of Action taken in good faith. No suit, prosecution or other legal proceeding shall lie against the State Government, the council or any committee thereof, or any officer or servant of the Government or the Council for anything which is in good faith done or intended to be done, under this Act.

Power to make rules by State Government.

1. (1) The State Government may, by notification, make rules to carry out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely: -
   • (a) The qualification, conditions of appointment and service, the scale of pay, the tanner of office and the powers and duties of the registrar;
   • (b) Any other matter which has to be or may be prescribed.
3. (3) All rules made under this Act shall be laid on the table of legislative assembly.

Power to make regulations by council. The council may, with the previous sanction of the State Government, make regulations generally to carry out the purposes of this Act, and, without prejudice to the generality of this power, such regulations may provide for, -

1. (a) The management of the property of the council and the maintenance and audit of its accounts;
2. (b) The summoning and holding of meetings of the council, the time and places where such meetings are to be held and the conduct of business thereat;
3. (c) The registration of member of the council;
4. (d) The powers and duties of the President and Vice President;
5. (e) The mode of appointment of the committee, the summoning and holding of meetings and the conduct of business of such committees;
6. (f) The qualifications and conditions of service of other employees of the council;
7. (g) The particulars to be stated and the proof of qualifications to be given in the application for registration under this Act;
8. (h) The fee to be paid on applications and appeals made under this Act;
   • (i) The fee to be paid for entering additional qualification in the State Medical Register, and
9. (j) Any matter for which under this Act provision may be made by regulations.