section 31. Rules
Rules
The Nagaland Medical Council Act, 2014(1) The Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules to carry out the purpose of this Act. Such rules may be made to provide for all or any matters expressly or allowed by this Act to be prescribed by rules. (2) In particular, and without prejudice to the foregoing power, the Government may make rules for all or any of the following matters namely:- a) The time and place at which and the manner in which the election of the Members, and of the President and the Vice-President shall be held under sub-section (4) of section 3; b) The manner in which the meeting of the Council shall be convened, held and conducted under sub-section(1) of Section 8; c) The powers, duties and functions of the Council, the conditions subject to which they shall be exercised and performed; and regulation of professional conduct of practitioners by a code of ethics in accordance with Section 10: d) Number of elected members who shall be elected by the council from amongst its Members for constituting the executive Committee and also the powers and duties and functions of the council as may be delegated by the Council to be exercised, performed and discharged by the Executive Committee, under the provisions of section 11; e) The fees and allowances payable to the President, The Vice-President and other Members of the Council, and not to the members of its Executive Committee under Section 12. f) The salary and allowances payable to the Registrar and other conditions of service of the Registrar, manner of maintenance of the accounts of the Council by the Registrar, supervisory powers of the Registrar over the staff and duties and functions as may be specified in Act, which may be performed and discharged by the Registrar; g) The conditions of service of the officers and staff of the council under sub-section (3) of Section 14; (i) The post of Registrar/Deputy shall be permanent. The post of Registrar shall be in the basic pay equivalent to the basic pay scale of Chief Medical Officer of the State services and the post of deputy Registrar shall be in the basic pay scale equivalent to the basic pay scale of Deputy Director of the State Health Services. (ii) The Council shall be in the appointing authority for the post of Registrar/Deputy Registrar and the Registrar/Deputy Registrar shall be the appointing authority for all other appointments in the Council. (iii) The post of Registrar shall be filled by the Council by promotion of Deputy Registrar. Registrar shall be filled by direct selection by the Council from amongst suitable candidates having minimum qualifications of M.B.B.S. with minimum of ten years experience after M.B.B.S. in Government/Public Sector/Private Sector or Practice, and with minimum age limit of fifty years on the date of application, candidates with Post-Graduate qualifications shall be giving preference. (iv) The Registrar/Deputy Registrar shall draw allowances equivalent to allowances admissible to similar post in the Government like dearness allowance, house rent allowance, city compensatory allowance, transport allowance, conveyance allowance, non-practicing allowance, academic allowance, Post-Graduate allowance, travelling allowance, daily allowance, etc. The leave entitlement and travelling entitlement shall be similar to that of Government in similar posts. h) Preparation and maintenance of register of medical practitioners, the form of such register, particulars including the name, address and qualifications etc. of the registered practitioners to be entered in the register, prescription of the form of application and of notice to be published in the Official Gazette and newspapers to have names registered, prescription of fees to be paid for such entry and the manner of payment, prescription of form for sending individual notices, prescription of form of certificate which shall be given to registered practitioner under Section 16; i) Prescribing the form of application for provisional registration, fee payable for such registration and prescribing form of certificate of provisional registration under section 19. j) Prescribing of fee for recording change of name in the register, prescription of the fee payable for entering additional qualification in the register and prescription of fee payable for issue of duplicate certificate of registration under section 20; k) the form of the list of Registered Medical Practitioners and manner of the publication of the list under section 21; l) manner for taking disciplinary action etc., against registered practitioners by the council or by the executive committee, conditions subject to which and the fee for re-entering the name of a practitioner in the register and the remuneration to be paid to an assessor under Section 22; m) form of notices and form of application for renewal of registration by Registered Medical Practitioners, fee payable for re-entry of name which is removed from the register due to non-renewal under Section 23; n) the manner in which appeals against the decision of the Registrar shall be heard by the Council under Section 24; o) officers who are empowered to make a complaint under sub-section (2) if section 29; p) Any other matter which is to be, or may be, prescribed under this Act. (3) All rules under this section shall be laid for not less than thirty days before the legislative Assembly of Nagaland as soon as possible after they are made and shall be subject to rescission by the Legislative Assembly or to such modifications the Legislative Assembly may make during the session in which they are so laid or the session immediately following. (4) Any rescission or modifications so made by the Legislative Assembly of Nagaland shall be published in the Official Gazette and shall thereupon take effect.
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