Chapter IV MISCELLANEOUS

The Council shall have authority to call on the governing body or authorities of any Medical College or School and on any examining body included in or desirous of being included in the Schedule-

1. (a) to furnish such particulars as the Council shall require of any course of study prescribed or examination held by such body or authority or in such School or College with reference of the grant of any medical or surgical qualification; and
2. (b) to permit such person or persons as is or are, in the opinion of the Council, specially qualified for the purpose, to attend and be present at any such examination

1. (1) If it shall appear to the State Government, on the report of the Council or otherwise, that the course of study and examinations prescribed by any University, College, body or institution, conferring a degree, diploma, licence or certificate or any other like award, not entered in the Schedule to this Act or in any of the Schedule to the Indian Medical Council Act, 1956 (CII of 1956), is such as to secure the possession by persons obtaining such degree, diploma, licence, certificate or award of the requisite knowledge and skill for the efficient practice of their profession as medical practitioners, it shall be lawful for the State Government from time to time by notification in the Official Gazette, to amend the Schedule and to direct the inclusion therein of any such qualification, subject to such conditions (if any) as may be specified in respect of that qualification.
2. (2) If at any time it appears to the State Government, on the report of the Council or otherwise, that the course of study or the examinations prescribed by any University, College, body or institution, for any degree, diploma, licence, certificate or award, which is included in the Schedule to this Act are not such as to secure the possession by persons obtaining such qualification of the requisite knowledge and skill for the efficient practice of their profession, as medical practitioners or to secure the maintenance of an adequate standard of proficiency for such practice, it shall be lawful for the State Government from time to time to direct the removal of any such qualification from the said Schedule or to impose such further conditions therefor as it deems fit : Provided that, no notification for amendment of the Schedule under sub-section (1) or sub-section (2) shall be issued by the State Government, without consulting the Council : Provided further that, before making any recommendation to the State Government under this section to remove any degree, diploma, licence, certificate or award, from the Schedule, the Council shall require the University, College, body or institution to take such steps as may be directed by the Council, and within such reasonable time as the Council may prescribe, to bring the course of study or examination for such degree, diploma, licence, certificate or award, to the required standard.

If any person whose name is not for the time being entered in the register falsely represents that it is so entered, or uses in connection with his name or title any words or letters reasonably calculated to suggest that his name is so entered, he shall, on conviction, be punished with fine which may extend to 1[five thousand rupees].

1. (1) The State Government may, by notification in the Official Gazette, and subject to the conditions of previous publication, make rules to carry out the purposes of this Act.
2. (2) In particular, and without prejudice to the generality of the forgoing power, such rules may provided for all or any of the following matters, namely:-
   • (a) under section 3, the time, place and manner of holding elections of members, the President and Vice-president;
   • (b) under section 8, the manner of convening, holding and conducting meetings of the Council;
   • (c) under section 10, the other powers, duties and functions of the Council;
   • (d) under section 11, the number of members of the Executive Committee, their term of office, the manner of filling casual vacancies, the procedure to be followed and the other powers, duties and functions of the Committee;
   • (e) under section 12, the fees, and allowances to members;
   • (f) under section 14, the salary, allowances and other conditions of service of the Registrar, the manner of keeping accounts and the supervisory powers and other duties and functions of the Registrar;
   • (g) under section 15, the other conditions of the service of the start of the Council;
   • (h) under section 16, the form of register, the parts into which it shall be divided and the other particulars it shall include, the forms of application and of general and individual notices, the manner of paying fee of rupees two, the form of certificate of registration;
     • (i) under section 19, the form of application for provisional registration and of certificate for such registration;
   • (j) under section 20, the fee for recording change of name or additional qualification in the register or for issue of duplicate certificate of registration;
   • (k) under section 21, the form of list of registered practitioners, the particulars to be included and the manner of its publication;
   • (l) under section 22, the manner of holding inquiries and the conditions and fee payable for re-entering a name in the register and the remuneration to be paid to an assessor;
   • (m) under section 23, the forms of notices and of application for continuance of names on the register;
   • (n) under section 24, the manner of hearing and determining appeal by the Council;
   • (o) any reasonable fees which may be levied by the Council in the addition to those expressly provided for in this Act;
   • (p) any other matter which is to be or may be prescribed under this Act;
   • (q) the furtherance of any of the objects of this Act.
3. (3) Every rule made under this section shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall from the date of publication of a notification in the Official Gazette, of such decision have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

1. (1) If at any time it appears to the State Government that the Council or its President or Vice-president has failed to exercise or has exceeded or abused any of the powers conferred upon it or him by or under this Act, or has ceased to function, or has become incapable of functioning, the State Government may, if it considers such failure, excess, abuse or incapacity to be of a serious character, notify the particulars thereof to the Council or the President or the Vice-president, as the case may be. If the Council or the President or the Vice-president fails to remedy such failure, excess, abuse or incapacity within such reasonable time as the State Government may fix in this behalf, the State Government may remove the President or Vice-president or dissolve the Council, as the case may be, and in case of dissolution of the Council cause all or any of the powers, duties and functions of the Council to be exercised, performed and discharged by such persons and for such period not exceeding two years, as it may think fit, and shall take steps to constitute a new Council: 1[Provided that, the term of the office of the person so appointed may be extended by the State Government, from time to time, beyond the period of two years, for a period not exceeding one year at a time, after recording reasons therefor, so however that, the total period shall not exceed five years in the aggregate.] 2[Provided further that, notwithstanding anything contained in the first proviso, the Administrator holding the office on the day immediately preceding the date of publication of the Maharashtra Medical Council (Amendment) Act, 2005 (Mah. XXXIX of 2005) in the Official Gazette, shall continue to hold office as such Administrator till the date immediately preceding the date on which the President elected, after the constitution of the Council, enters upon his office.]
2. (2) Notwithstanding anything contained in this Act, or in the rules made thereunder, if at any time it appears to the State Government that the Council or any other authority empowered to exercise any of the powers or to perform any of the duties or functions under this Act, has not been validly constituted or appointed, the State Government may cause any of such powers, duties or functions to be exercised or performed by such persons, in such manner and for such period not exceeding six months and subject to such conditions, as it thinks fit.