The Sikkim Medical Registration Act, 2005

(1) Thts Act rnay be cated the Sikkint [4edica1 Regislrat on Act, 20Os and (2) li exterds lo the whoie ol the Slate ol Sikkim_ (3) lt shal come lnto force o| such date as the State Government may, by notif icatlon, appojnt.

ln this Aci, un ess the ooniexl olherwise requlres - (a) "Council" meafs the Sikl(im Medlca Couacil establlshed underthe Acti (b) "not ficatlon" means a notiflcalion published n the Oificial Gazeite; (c) ?egistered pracLitioner'' Trroans any person reglsiered urlderlhe provisions o{ this Acii (d) "regulations" meaqs regu stions made u|der secUon B2i (e) 'rules" means ru es macle urlder sectjon 31,

(1) The State GoverLrrnent shall by notiflcation establish a Counci to be called "the Slkklfir lvledlca Coufci " Ior the purposes ol carrying out the provisions of thls Acl. (2) The said Council shall be a body colporale Lav'ag perp€tJar successio_, and com;on sea ol powe', sLDJecl Io t'e provisions or ll_rs Acl' Io acqu're' noro ano i;;

The President,Vice'President'and oihor memberc of lhe M€dical Colncil shall, subject to te provisions ol this Act, hold oflicejor a terrnrot iive years from the date o' thair nomination or election or untillheir successors have been fuly nomlnated or electod, \/hichever is longer' and shall be eligible ior re-nominltion,'or re-eLeclion as the case may be'

LJoon Lh€ dearh,.esrqralio. orvacalio. oi o*ice oi any menbers o'.llle, Medical Coucrl the vacancy shall be lilled by the nomination or a ne'rber o'rhs courci 'n lts p'ace' by nonina; on o' election, as lne cas€ maybe' ;n accordancewn^.lre provis o's o' suu-secto' (2) ol Soct:or 3' and srJc'person shall l'o'd oflice tor the rema.rde'of t_e pe'iod ior which the 'rembo- in wl"ose olaco re Ls appo'nled was aon naled o' elecled"

A person shall be disqualified lor b6lns chosen as,and ior boins'a rMember of the Council - (a) if he is ibeen sentenced by a Criminal Courl Ior an oll€nce lnvolving moral turpitudo and punishable wilh imprisonment lor a term exceeding three months, and not having beon subsequenlly revorsed' quashed or remitted, un;ss he has' by or;er' which the Staie Gov€Inmenl is hereby empowered to mat<e in this oehall' been relieved trorn the disqu;liiicalion arising on account ol such senienoe; (b) rl he Ls an undischarged Lnsolvenl; (c) if he is of unso,nd mind and dec'a'eo by a co-roetenl c'- (d) if he is a w.ole t'ine o'flcer or servanl oi lhe coJ^c:

li any member, dLJring the period tor which h6-has been nonriFated or eiecled - (a) is absent without excuse, sL'ic'ent i n l-e op'a:0" o' l rc coL "" ' 1ro, ,n,"" aoat

The Council sna Imake s-c1 _egLlalonsasnarbe_ecessa'/,^Il:--l u aa",ia""opoa"o'Ihen-eelrgoiLneCoLncr3roIhe"rodeu's_''o"r'_ if," ."-'.":,n'" "-o""a"e ol any ;gu ation as to the summoning oi a rireelir\g it shall be lawiui tor lhe President to sumron a rnGeli9 ol the cjrilcil at sucl, place as e snal seei expeoie t o / le'e' a9.-ll"i;Jl'l eacl- renbe-; and ai e.ery 1 eelrng '' lhe absence o'l"e " esLoe_I l)t ui*-pi""J"", ""0 i",he absence 6i both, some other member to t'o choscl tro,i in" in"-f"o pt""ont, shaLl act as Presidenti ard all acts of the Councrl s" a l" o"c 0"a fV r" voles o' Tajo ly o' Lhe -'re'roers P'ebi 11 '1 'r', meet no. Ihe lota renbers presenr belng nol ess Lhan s r' a d i'lall :'lc't moet,nis rre P-es.oert'orIre ii'st tlme ber'1g sLa r. naCCilion tc' rr' : oaa:'_ a ner"6e. o,l-e counci . nav'6 a casi'_9 vole in case of o1/ eqLai'ly c_ 'o-

(1) No d sq.r,lticalon o'delecl r I'e 6'eclion or no'ri'bror of ? "" - ''' ..t.n u= -"roe'o'tne CoLrc" or as tne P-es:oen o'v L ' Pr:sr' ''1' n," .li,no au,no"t, ot " -roelirg snoi be dee-ned to rliaLe air) ic: o' lroieeoino ot rt'e Counc:' ln \ hic'sLcl'Dersor nas tEken pa't (2) tro acr dole bV l"e Cou,]crl s' al be qleslio-red or the grc$d merer/ or rhe errslence ;l a.y vacanay'n, o' any deiecl'_ lhe constiu"ur o't"€ Council

(1) The CoJ rr,, sr al, appo'nl a Regrsl'ar' ano 'nay i'o r": 'e lot''.E J " .' "uurJa tf " n"g'.r ai a_o aopol_t a oe so I Ioaclii r'so'ace'!,./'d(' ol l"e Cou.rc appol-I,1g or o.sm ss rg " Reg'sra o ap)olnt lg io acl as Beo,strar lor a Oer,od unlc' erceeds or s l.kely to exceed the pe'loo *iln ,n" Oor"-.", nay.lro-n l,-re lo t'ne oirecl s4a'l bs sLbJecL lo lhe orevioJs app'ovar oi rhe Slale Gover'1 lre 1l _l1e qe9'strar and any ."..," ,""o,ni"o to "t as Regisl-ar slarl oe oa'd b/ Lre Courci :dch Ir,r.,ni uttora_.

fhe Regisirar sha I keep a reg ster ol medicai practtioners in such lorm as may be prescribed by rules, ln accordance v/ith the provls ons oi this Act. lt sha I be the duty of lhe Reglstrar und€r ihe orders oi ihe Counc I lo l<eep the reglsler con'ect and lrora t me to tinle to enter any necessary alterations in the addresses ol person reg steled and to enter any addillonal qua i{ications which any regisiered person may have obtained subsequenl lo ll s regislralion, and 1o slrike oli the names of a I 16qlstered persons who have died The Registrar shall keep a register of medical practitioners in such form as may be prescribed by rules, in accordance with the provisions of this Act. It shall be the duty of the Registrar under the orders of the Council to keep the register correct and from time to time to enter any necessary alterations in the addresses of person registered and to enter any additional qualifications which any registered person may have obtained subsequent to his registration, and to strike off the names of all registered persons who have died.

(1) Every po son who ro ds a ry of the medicai quallilcat ons ncluded in the Schedu es to the lncilan l/ed oal Councll Act, 1956 ( Cenlra Act 102 of 1956), mav aDp y 1() the Registrar givlng a oon'ect description oi his qua if cailons, \Ulh the dates on whlc I they were granted, and present hls degree or dlploma with a iee prescr bed in ihe ru es for belDg reglslered under lhe Aci- The Feg strar shal , f satsfled thatthe app icant is enttled io be registered, enter his name n the reglster. (2) The Councll may retuse lo permil thB regislrat on oi any person who has been convicted ol a cogr'rizable oifence as deiined ln the Codo o{ Crlminai Procedure, 1989 (Ceniral Act Vof 11898), oranyotherlawforthetlme be ng in force, or who after due inqu ry has been he d gullty by lhe Sikk m l,4edical Counci or by lhe N4ed]ca Counci ol any other Siaie ld lndia oi infaraous conduct in any prolessional respecl, (1) Every person who holds any of the medical qualifications included in the Schedules to the Indian Medical Council Act, 1956 (Central Act 102 of 1956), may apply to the Registrar giving a correct description of his qualifications, with the dates on which they were granted, and present his degree or diploma with a fee prescribed in the rules for being registered under the Act. The Registrar shall, if satisfied that the applicant is entitled to be registered, enter his name in the register. (2) The Council may refuse to permit the registration of any person who has been convicted of a cognizable offence as defined in the Code of Criminal Procedure, 1898 (Central Act V of 1898), or any other law for the time being in force, or who after due inquiry has been held guilty by the Sikkim Medical Council or by the Medical Council of any other State in India of infamous conduct in any professional respect.

(1) Anappea against ihe dec sion oi the Regislral respecl ng to the ljlst r€grstrat on or any sul)sequent alteration shall be heard and delermlned by the Council ln accordance wlth rules rnade by the State Govelnmerrt. (2) AllV sntry in the register whlch shal be proved to the salisfacllon ol lhe Counci to have been lraudu ently or jncorrectiy made may be deleled from the reg sler !nder the orders oi the CounciL. (1) An appeal against the decision of the Registrar respecting to the first registration or any subsequent alteration shall be heard and determined by the Council in accordance with rules made by the State Government. (2) Any entry in the register which shall be proved to the satisfaction of the Council to have been fraudulently or incorrectly made may be deleted from the register under the orders of the Council.

(1) li a Medica Praclitloner has been, aiter due inquiry by lhe l\4edica Counc I lound gu lty of any m sconduct, the Medical Counci may - (a) issue a letter ol warn ng addressed lo sLlch N4edical Practitioner, or (b) direcl lhe name oi sLlch Medical Praciitloner - (i) io be removed irom the reglster lor such period as may be speciiied in lhe direclion, or (i) to be removed ilorn the register wlihout specijying the period of sLlch lemoval, Explanation.- For the purposes of lhis secllon "m sconducf' s rall meanl' (a) the conviciion of lhe Medical Pracliiioner by a crlminal co.lrt lor an ofience wh ch invo ves mora lurp tLlde and which s cogn zable as delineo in the Code ol Crtrninal Proced!re,1898 (Central Act. V ol 1898)' or any oiher la$r for the time being in iorce; (b) any conducl v/chich, in ihe oplnion oi the lMedical Counc I is lntamous in relalion io the rnedlcal proiession (2) The Med cal Counci may, al any subsequeft date, ii it thinks fit, shal on a declsion to that eflecl oi ihe Central Governrnent under Sub'sectlon (2) of Section 24 ol ihe lndian Medlcal Councll Acl, 1956, direct lhat any name so removed shall be re.entered. (1) If a Medical Practitioner has been, after due inquiry by the Medical Council found guilty of any misconduct, the Medical Council may - (a) issue a letter of warning addressed to such Medical Practitioner, or (b) direct the name of such Medical Practitioner - (i) to be removed from the register for such period as may be specified in the direction, or (ii) to be removed form the register without specifying the period of such removal. Explanation. - For the purposes of this section "misconduct" shall mean: (a) the conviction of the Medical Practitioner by a criminal court for an offence which involves moral turpitude and which is cognizable as defined in the Code of Criminal Procedure, 1898 (Central Act V of 1898), or any other law for the time being in force; (b) any conduct which, in the opinion of the Medical Council is infamous in relation to the medical profession. (2) The Medical Council may, at any subsequent date, if it thinks fit, shall on a decision to that effect of the Central Government under Sub-section (2) of Section 24 of the Indian Medical Council Act, 1956, direct that any name so removed shall be re-entered.

In holding inquiries under this Act, the Medical Council shall have the same powers as are vested in Civil Courts under the Code of Civil Procedure, 1908 (Central Act V of 1908) when trying a suit in respect of the following matters namely:- (a) enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents; (c) issuing commissions for the examination of witnesses.

All inquiries made under this Act shall be deemed to be judicial proceedings within the meanings of Sections 193 and 228 of the Indian Penal Code, 1860.

For the purpose of advising the Medical Council on questions of law arising in inquiries before it there shall in all such inquiries be an assessor to the Medical Council who has been for not less than ten years an advocate of a High Court. (2) Such assessor, when he advises the Medical Council on any question of law, shall do so in the presence of every party or person the Medical Council has begun to deliberate as to its findings every such party or person as aforesaid shall be informed of what advice the assessor has tendered, each party or person shall also be informed, if in any case the Medical Council does not accept the advice of the assessor on any question as aforesaid.

(1) Notwithstanding anything contained in Section 13 each medical practitioner shall pay to the Medical Council on or before the thirty first day of December of every year a renewal fee of Rs. 200 for the continuance of his name in the register. (2) If the renewal fee is not paid before the due date, the Registrar shall remove the name of the defaulter from the register: Provided that the name so removed may be re-entered in the register on payment of the fee together with such conditions as may be prescribed by rules.

(1) The profession legally qualified medical practitioner or of qualified medical practitioner, or any words importing a person recognised by law as a medical practitioner or member of the medical profession, shall mean a medical practitioner registered under this Act or a medical practitioner whose name is for the time being borne on the Indian Medical Register maintained under the Indian Medical Council Act, 1956 (Central Act 102 of 1956). (2) No certificate required by any Act from any medical practitioner or medical officer shall be valid unless the person signing the same shall have been registered under this Act or his name shall have been borne on the Indian Medical Register referred to in sub-section (1).

A person whose name is for the time being borne on the Indian Medical Register referred to in the Indian Medical Council Act, 1956, or of the Medical Council of any other State in India, shall be eligible to hold any appointment as a physician, surgeon or other medical officer in any dispensary, hospital, infirmary or lying-in hospital, or in any public establishment, body or institution, where the modern scientific medicine is practiced.

Every Registrar of Deaths on receiving the notice of the death of a medical practitioner registered under this Act shall forthwith transit by post to the Registrar appointed under this Act a certificate under his own hand of such death with the particulars of the time and place of death.

Notwithstanding anything in any other law for the time being in, every person who shall be registered under this Act shall be exempt, if he so desires, from serving on any inquest or as a juror under the Code of Criminal Procedure, 1998 (Central Act No. V of 1998).

There shall be paid to the members of the Medical Council such fees for attendance and such reasonable traveling expenses as shall from time to time be allowed by the Medical Council and approved by the State Government.

All money received by the Medical Council as fees under this Act shall be applied for the purposes of this Act in accordance with such rules as may be made in this behalf by the State Government.

(1) The Registrar shall every year on or before the thirtieth day of June shall publish in the Official Gazette a correct list of the names and qualifications of all practitioners entered in the register since the first day of January of that year. (2) A copy of the list published under sub-section (1) shall be evidence in all courts and in judicial or quasi-judicial proceedings that the persons therein specified are registered according to the provisions of this Act, and the absence of the name of any person from such copy shall be evidence, until the contrary is proved that such person is not registered according to the provisions of this Act: Provided that in the case of any person whose name does not appear in such copy, a certified copy under the hand of the Registrar of the entry of the name of such person on the register shall be evidence that such person is registered under the provisions of this Act.

All elections under this Act shall be held according to the distributive system of voting. Explanation.- Distributive system of voting means a system of voting in which every voter shall be entitled to give as many votes as there are seats to be filled: Provided that no voter shall give more than one vote to any one candidate; Provided further that no voting paper shall be deemed to be valid unless the voter has recorded all the votes which he is entitled to give.

Whoever falsely pretends to be registered under this Act or not being registered under this Act uses in connection with his name or title any words or letters representing that he is so registered shall, whether any person is actually deceived by such pretence or representation or not, be punished in the case of a first conviction with a fine which may extend to two thousand rupees and in the case of subsequent conviction with fine which may extend to ten thousand rupees.

No suit or other legal proceeding shall lie against the State Government or the Medical Council or any officer or servant of the State Government or Medical Council for any thing that is in good faith done or intended to be done under this Act.

No act done in the exercise of any power conferred by or under this Act on the State Government or the Council or the Registrar shall be questioned in any Civil Court.

(1) The State Government, after previous publication, may by Notification make rules to carry out the purposes of this Act. (2) Every rule made under this Section shall be laid as soon as may be after it is made, before the State Legislature while it is in session, and if before the expiry of the session in which it is so laid, agree in making any modification in the rule or agree that the rule shall not be made, the rule made thereafter have effect only in such modified form or be of no effect, as the case may be: however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(1) Subject to the provisions of this Act and the rules made under Section 31, the Council may, with the previous approval of the State Government, make regulations to carry out the provisions of this Act. (2) All regulations made by the Council under this Act shall be published in the official Gazette. (3) It shall be lawful for the State Government by Notification to cancel or alter any regulation made under this Act.

(1) If at any time it shall appear 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 a serious character, notify the particulars thereof to the Council, and if the Council fails to remedy such default, excess or abuse, within such time as the State Government may fix in this behalf, the State Government may dissolve the Council and cause all or any of the powers and duties of the Council to be exercised or performed by such person and for such period as it may think fit and thereupon the funds and property of the Council shall vest in the State Government for the purpose of this Act, until a new Council shall have been constituted under Section 3. (2) When the State Government has dissolved the Council under sub-Section (1), it shall take steps as soon as may be convenient to constitute a new Council under section 3, and thereupon the property and funds referred to in Sub-section (1) shall revert to the Council so constituted. (3) Notwithstanding anything contained in this Act, rules or regulations, if, at any time, it shall appear to the State Government that the Council or any other authority empowered to exercise any of the powers or to perform any of the functions under this Act, has not been validly constituted or appointed, the State Government may cause any such powers or functions to be exercised or performed by such person in such manner and for such period not exceeding six months and subject to such conditions as the State Government thinks fit.

(1) If, any difficulty arise in giving effect to the provisions of this Act, in consequence of the transition of the said provisions before the commencement of this Act, the State Government may, by notification make such provisions as appear to it to be necessary or expedient for removing the difficulty. (2) Every notification issued under sub-section (1) shall, as soon as may be after it is issued, be laid before the State Legislature.