Chapter I PRELlMlNAHY

1. (2) It extends ro ~ h whoIec of the National Capital Terrilory uf Dclhi.
2. (3) This scction shall come into rorcc al oncc, and the rernajdingprovisions orthis Ac such dare as rhc Governmentmay,by nolification inthe oHicial Gazeitz,appoint. .

1. (1) "appointedday"mcansthe date on whichthe provisionsof [hisAct otherthan secti under sub-section (3) of section I:
2. (2) "casual vacancy" means a vacancy occurringothenvisc than by efnux of time in or nomination;
3. (3) "Council"means rhe Dehi Medical Council conslimredunderthis Act;
4. (4) "Delhi"means thc National CapihlTerritory o fDelhi;
5. (3) "Excculive Cornminee"means the ExecutiveComrnineeofthe Council constitutedunder scction I I; -:.
6. (6) "Governmeni" mealis the Govcrnmcnt of National Capiial Territory of Delhi:
7. (7) "Medical practilioner" or "pracrilioner"means a person who is engaged in i l ~ ep sysrcnl of mcdicinc and all irs branchcs and has qualiricarions as prescribed i Schrdulcs to thc Indian Medical Council Act, 1956 (Central ACI102 of 1956); -- --- 1 3 P:\n{ IVJ -- -.- DELI11 CiAZE7TE ; EXIRAORDINARY -. - --- -
8. (8) "Medicine"means~ hmodemc scien~ificsystcrn ~[medicineand inculdes surgcry and obstetrics bur does nor include veterinary rnedicinc or vclerinary sllrgcr). or rile Hom~ei>paihicorrhr Ayurvedaor lllr Sitldlra or \he I Unani system orrnedicine and itit. cs1,rcwinn "n~~.tlical"shall hc bc consrruud accurdil~sly;
9. (0) "mclnbcr" nlealis ;In1~111bsr ~licC-ouncil; ( 10) "prescribed" nlcans prcsr.ribcd 111.rulcs 111ildeundcr [his .%ul;
   • (II) "President"!r!cans \liePresidentafthc Council; I
10. (12) "Vicc-Presidcnl" nlcnlisthcYlcc-l'rcsidrn! ot'~licC(lu11ci1. I I (I3 ) "rcgis[erMrntiins rcgisttr o l ~~~edicalpr;!ctirialicts prcpi~rcdor rlc'crllcd to be prcparcd and n~niu~nincd under !l~i>ALI; I [ I 4) "regisicrcd pr;lcriiiancr0Incans :i rncdical prnclitiorier httving r<gistrable q~~alificationas prescribed in the [ndinnMcdicol Coo~lcilAc!, I956 (Cenlral ACI 102or 1956)wliosc name is. forlhe tioie bcing. cntcred in the rc~ister,Ixlt docs 1101 iracludea person whoserinnir is provisiolially entcrcdin rllc register; II
11. (15) "Rccistmr" or "Dcpuly Kcgistrar" mrnris the Rrgisir:lr or ihe Dcpu~yRcgistror, as rht: casv may br, appointed undcr scc~ion14 ofh i s Act:
12. (16) "rules" rncalls rvles 111;ldc.uridtr scction 3 1 oilhis Act; CHAPTER I1 ESTAIE1,ISHMENI' OF CO(!NCIL

( 1 ) will^ cfrect fro111such dale as 111eGovemmcn! rllay, by norificarion in ilic Official Gazcrte nutify. thrre shall bc consliluted Tor the purposesorthis Atr a Councilto bt callcd"theOeltli Medicill Co~rncil". ( 2 ) The Cnllncil shall bc a body ~urptrratv.having pcrpelual succession and a comrnoa scnl. wit11 powcr ro acquirt, hold and dispose 01' propcmy, tvhcthcr rnovahlr or ilnmovablc, and lo conlrad and lo do ;I{\ ihings ncccssary for ~ l i cpurpo~zsof this Act, and may bythr: n m c afnresaidsuc or bcsued.

1. (3) 'rlxCuu~lcilshall coi~sistofthc Iollowingnirlllbcrs namely:
   • (a) four m& havingregistcrablc.qualificarionas prescribed in rllc Indian Medical Couacil ACI. 1956 (Ccnlral Acl 102 o f 1956) lo benomirio~cdby !hc Govunltr~ent; (b)pnc rncmbef from tach medical cnllrgc csiahli~hcdby 1 3 it1~ Dcll~ihnvir~ga rucdical F~culry,cluc~cdby ~nernbcrs o f111enlcdical liculty o itllnt collcgc lium amongsr ils pcnnahclit membcrsof ~eachirlghculty;
   • (c) nine rnembcrs to bc clccted by rcgistcrrd prilctitioners Irom amongst ~hen~selvcsincluding one mcmber clcctcd by [lie Delhi Mcdical Associalion : providcd [hat no rcgislercd praclirioncr shall bc cnlillcd luvo~cor s~andas a carldidate Tor election, t~~\lcss:
     • (i) he is a citizcn aT India; and
     • (ii) IIC ci~licrresidcs or cnrrics un his profession or is rmployed in Delhi.
   • (d) Dciln ol'tl~r:Mcdical Faculty 01-lhe Universi~yof Delfii as ex-ortcio mcmber; and (c)Director oikkalrh Services of rhc Govcrnrncnr as ex-on?cio mcmbrr.
2. (4) The f'rcsidcn~ n~tdVice-Prcsidcni sllalI bc clcclcd by llie mcniburs fi-ur11~llltongstthcrnselves. ( 5 ) Thcclec~ionofthe mcrnbers. nndol'tlrc I'residcar nlrd Vicc-l'rcsidcnt. slrall be hcld at sucll tirnc. and at such place. and insucl~manner. as ma! bc prcscribcd. ( 6 ) II-al;iny elr'ctio~i.thc elrctors fail to clcct !he rcquisitr nu1i1br.ro f n~embcrs.of llic Prcsidcllt or rhc ViceI'rcsidcrii. tllc Govrninlertt slinll nu~nioa~l:mc.nibcr<rroln :lllloll~5lpcrsclrisrlu;llified to bc clcctcrl ;IS ~iicrnbers ol'tllc rcspcctive ciiregor).. as i t dccms f i ~ ,to !illin tl~rvncancl; rrr v;lcn~iciss;and tfir persons st? 11o1111n;ltcd -1iilil bc dccriird rO have bcen cllrctcd for rhc pcril~d~ i xuch[ l lilrlc. lhc vacnncics are filled ill nli ~cguliirbasis -14 DELI11 GAZE'I-TE: EXTRAORDmARY A--. .~ under this section.
3. (7) Where any dispurc arises regarding anyekc~ionofa rnembcr or ofrhe Prcsidcnt or Vicc-President, i referred 10 the Gnver~~t~icnt,and the ilccision of rhc Govzmrnen~shall bc final.
4. (8) Nolwilhsrandinganyll~ingcoorained in sub-section ( 3 F
   • (a) inrrspect oithe cons~i~utionofthe ~ouncil'~orllle first timc underlhis Act. ltic mtrnbzrs Ihercofsha nominaled by the Govcrnmcnt from amongstpersons qualified to be elccted or nominatedas nlembers respective category; and (b)the mcmbers SOnominatedshall holduffice for suchperiod not exceeding rhrec years inthe aggrega the Govcmmeht may, by notificaticm in thc Otlcial Gazette, specify.

1. (1) The Govcnilnenl. shall, by notification in rhr Official Gazehe, publish thc names of rhc mcmbers.
2. (2) Save as olhrnvisc provided by this Act, a member, shall holdoffice fora rcrm of fivc ycars irom thc dare publicatioil o f thc notification under snb-sec~ion(1); Providecl llialwhere apvrsoli isclcctedby nicmbersof ~nedicalfaculty ofa medicalcollege, or is anex-officio mernbcr. Ileshallceasc ro liold officeas amcmber ifhc ceases10 belongto [hat facul[y or, as [hecasemay be, ceases lo hotd such office,beforc h e expiry ofhis tcrm.
3. (3) Save asarhenvisc provided by this Act, thc Presidentor !he Vice-Prcsidenl shalIhold olIice from the da his rlccti~nuplo thc day on which his trnn of officeas mcmber expires.
4. (4) The tern1 of olficc of an ourgoingmember shall. oorwirhstaiding anything conrained in sub-section (2)bc deemed to esrcnd and lo expire ivifh itie day inuncdia~rlypreceding the day on which [he names of the successor mcmbcrsare publishedundcr sub-section(I). ( 5 ) The tcm of office of an outgoing Presidcntor Vicc-President shall, nor~vilhstandinganyrhing conrained i sub-sectiun(3). bc dccmed lo extcnd and ro expirewirh thc day immediately preceding Iheday on which ~h successor ~residcntor Vicc-Presidcnr. as the case may be. is elcctrd.
5. (6) An outgoing member, Presidcnt or Vice-President, shall bc cligible lor rc-election or renomination Tor on more consecutive [emonly.
6. (7) Leave ofabsence may be granted by ihc Cour~cilto any member For a pcriodnot excceding six

( 1 ) A casual vacancy intheoffice oiPrcsidcnt or ilieVicc-President or a mcrnbcr utcctedunderclause(b] of scction (3) oisection 3 or clause (c)ofsaid sub.sccdon. shall be filled by clcction; Providcd thar any such vacancy in thc ofice of an elected mcmber occurring within six months prior 10 h dale on which thc term ~ f o f l i c cof all the rncrnbcrsexpircs, shall no1 be filled.

1. (2) A casual vacancy in thc o f f ~ c eof a member no~ni~~atcdunder clausc (a) of sub-section (3) of secrion 3 sub-section(8) oftha~section shall be rcponcd ionhrvilh by the Rcgistrar to the Government, and shall, soon as possible thcreafier, bc filled by rhc Governmenr by nomination.
2. (3) Any peaon elected under sub-scction (I)or nominatedunder sub-section (2) to tilla casual vacancy shg! notwithstandinganythingcontainedinsub-scction(8) of seclion3or scclion4, hold oficeonly 50 lo personin whose place he may be elected or nominaled, as the case may be,would have held oflice, i vacancy had notoccurred.

1. (1) T h e President or h e Vice-Presidentmay ar any time resignhis ofice by a no~icein writing addressedto Council and delivered to the Regisbar. The resignarionshall take effccr from rhe dale on which ir by the Council or on the expiry ofsixty days from thc date of thc delivery o f the noticc, whic occurs earlicr.
2. (2) An electcd member may, at any time, rcsign his office by a notice in wri~ingaddrcssed lo thc Presid nominated member may a! any timc resign his office by a no~iccin writing addrcssed lo the Gove and delivered ro h c Rcgistrar. Evcry such resignation shall take erfecr from the dare on which it is a DELHI GAZETIE :EXTRAORDMARY 6pRrlV_l ------- 15 by the President or, asthe case may be, Lhe Governmen1or on the expiry of sixty days from the date ofthc receipt ofthe notice, whichever event occurs earlier, , . - , .:, ',. I. .i- 7 h :. 7.~ i ~ ~ ~ a l i i i c aandt i odisabilityn A personshall:bedisqualified Tor beingetecredor nominated as. and for continuinga,a member- (1)
   • (a) if he is an undischarged insolvent; or
   • (b) if hcisofunsound mindandstandssodeclaredby acornpeten1court;ur !$ R
   • (c) if his name h z beenremovedfrom [heregisler and has not been re-entered therein;or
   • (d) if he is awhole-timeofliceror servant ofthe Council;or
   • (e) if he has been convicted for an offenceinvohing moraltuaitude. Q) rfanymember absenls himself.from threeconsecutivemeetings ofhe Council, wirhou~leaveof Ihecouncil granted under subsection (7) of section4 orwi~houtsuchreasonsas may, in the opinionof the Council, be sulficient, the Council may declare hisseatvacant and take steps 10fill~hevacancy.
3. (3) 1fanymemberbecomes,or is roundto be,subjecttoanyof[hedisq~~alificafionsmtnlioned insub-seclion (1). the ~ o u n c i lshall submit areporttnthe Gavemrnent.and the Governmen&ifsatisfied about the disqualilicalions,shsll declare his seatlacant. 8- Meetings of Council
4. (1) Thc meetings~fthe Council shall be convened, held and conducted in such manner asmay be prescribed. 12) The President whcnpresenr,shallpresideat cvery meetingofthe Council. Ifatany m~eringihe Prcsidonr is ' absent, the Vice-President, and inIhe absence ofboh, some other member elected by the membersprescrlr fiom amongstthemselves, shall prcsideat such meeting.
5. (3) AIIisucsat a meetingof the Council shall be decidedby a majority ofmemberspresentandwring. ( 4 ) n c presidingauthorityat a meetingshallhaveandexerciseasccoridorcasting vote, in&e ofanequalityof votes. .-
6. (5) Eightmembers(including the PresidentandVicc-Prcsidcnt)shall form aquorum.When a quorumisrequired bul not present, the presiding auth~rityshall, after waiting for not less than thirty minutes for suchquorum, adjourn the meeting to suchhourQTsome futuredayas ir maynotifyo ilhcnotice boardat thc ofice ofthe Council; and the business which would hnve becn broughl heforc the original mccling had there bcen a quorumthereat. shall be brought before the adjourned meeting, and may bc disposed of at such meeting or any subsequent adjournment Iher-C whether here be a quorum presenl. or not. g. proceedings a lmecling and validity ofacts
7. (1) 'ihe proceedingsofcverymeclingofh e council,shalt be Maiedasconfidential; ar~dno person,shall, wirhout fie previousresolution ofrhe Council, disclose anyponion rhereof; Provided hat nothing in Lhis section shall be deerncd to prohibit any person from disclosing or publishing the textofanyresolutionadoptedbytheCouncil, unlessh eCouncildirectssuch resolution alsoto be treatedas confidential.
8. (2) No disqualification orderect iarhe election ornominalionofanypersonsa member,or as rheResident, or w theVice-President, orasapresidingautharily of ameeting shall by itselfbe deemedto vitiate any act or proceedingsofthe Council in which such personhasrakenpart, if the majority ofpcrsons who are partiesto such actorproceedings, wereentitledtoYore.
9. (3) Durihg shy vacancy in thc Council, the dontinuingmembersmay act,as ifno vacancy had occurred.
10. (4) Any actdone by theCouncil shallnot bequestionedan theground mercly of theexistenceofany vacancyin, or any defect in the constitutionof h e Council, 10. powers, dulies and funcljons of the Council Subject tosuch conditionsasmaybeprescribed by orunderthe provisions ofthis ACI,the powers,duiies and functionsof the Council shall be-
    • (a) [O maintain the live regisrcr, and to provide for [heregisrration uf nedical prac~itione~s;
    • (b) 10hear and decide appealsagainstany decision of the Registrar;
    • (c) to prescribe a code o f ethics for regulating the professionalconduct ofpractitioners;
    • (d) to reprimand a practitioner, or to suspend or remove his name from the register, or to fake such other discipIinary actionagainst him x may,in h e opiniol~of the Council be necessaryor expedient;
    • (g) lo provide protection to itsmembersin discharging professionalduties;
    • (h) to ensure rhar no unqualifiedperson practiccs modern Scientific Sys~emof Medicine:

(1 ) A person shall: be disqualified Tor being etecred or nominated as. and for continuing a, a member- (a) if he is an undischarged insolvent; or (b) if hc is of unsound mind and stands so declared by a cornpeten1 court; ur !$ R > (c) if his name hz been removed from [he regisler and has not been re-entered therein; or (d) if he is a whole-time oflicer or servant of the Council; or (e) if he has been convicted for an offence invohing moral tuaitude. Q) rf any member absenls himself. from three consecutive meetings of he Council, wirhou~ leave of Ihe council granted under subsection (7) of section 4 or wi~hout such reasons as may, in the opinion of the Council, be sulficient, the Council may declare his seat vacant and take steps 10 fill~he vacancy. (3) 1f any member becomes, or is round to be, subject to any of [he disq~~alificafions mtnlioned in sub-seclion (1). the ~ouncil shall submit a report tn the Gavemrnent. and the Governmen& ifsatisfied about the disqualilica- lions, shsll declare his seat lacant. 8- Meetings of Council (1) Thc meetings ~f the Council shall be convened, held and conducted in such manner as may be prescribed. 12) The President whcn presenr, shall preside at cvery meeting ofthe Council. If at any m~ering ihe Prcsidonr is ' absent, the Vice-President, and in Ihe absence ofboh, some other member elected by the members prescrlr fiom amongst themselves, shall prcside at such meeting. (3) AII isucs at a meeting of the Council shall be decided by a majority of members present and wring. (4) nc presiding authority at a meeting shall have and exercise a sccorid or casting vote, in &e of an equality of votes. .- (5) Eight members (including the President and Vicc-Prcsidcnt) shall form a quorum. When a quorum is required bul not present, the presiding auth~rity shall, after waiting for not less than thirty minutes for such quorum, adjourn the meeting to such hour QT some future day as ir may notify oi lhc notice board at thc ofice of the Council; and the business which would hnve becn broughl heforc the original mccling had there bcen a quorum thereat. shall be brought before the adjourned meeting, and may bc disposed of at such meeting or any subsequent adjournment Iher-C whether here be a quorum presenl. or not. g. proceedings al mecling and validity of acts (1) 'ihe proceedings of cvery mecling of he council, shalt be Maied as confidential; ar~d no person, shall, w irh- out fie previous resolution of rhe Council, disclose any ponion rhereof; Provided hat nothing in Lhis section shall be deerncd to prohibit any person from disclosing or publishing the text of any resolution adopted by the Council, unless he Council directs such resolution also to be treated as confidential. (2) No disqualification orderect ia rhe election or nominalion ofany person s a member, or as rhe Resident, or w the Vice-President, or as a presiding autharily of a meeting shall by itself be deemed to vitiate any act or proceedings of the Council in which such person has raken part, if the majority of pcrsons who are parties to such act or proceedings, were entitled to Yore. (3) Durihg shy vacancy in thc Council, the dontinuing members may act, as ifno vacancy had occurred. (4) Any act done by the Council shall not be questioned an the ground mercly of the existence of any vacancy in, or any defect in the constitution of he Council,

Subject to such conditions as may be prescribed by or under the provisions of this ACI, the powers, duiies and functions of the Council shall be-

1. (a) [O maintain the live regisrcr, and to provide for [he regisrration uf nedical prac~itione~s;
2. (b) 10 hear and decide appeals against any decision of the Registrar;
3. (c) to prescribe a code of ethics for regulating the professional conduct of practitioners;
4. (d) to reprimand a practitioner, or to suspend or remove his name from the register, or to fake such other discipIinary action against him x may, in he opiniol~ of the Council be necessary or expedient;
5. (g) lo provide protection to its members in discharging professional duties;
6. (h) to ensure rhar no unqualified person practiccs modern Scientific Sys~em of Medicine:

as may be prcscnbed.

(35 In addition lo rhe powers, du~iesand funcrions conferred, imposed and enmsted by his Act, the Execuli Cammittce shall exercise such powers, perform such dulies, and dischargesuch functions of h e Council may be delegated to it by rules or entrusted to it from lime to lime, by Ihe Council.

4 The President shall be the ex-offrcio Chairman of the Executive Cornminee.

There shall bcpaid tothe President, [heVice-Prcsident andothermcmbersofrhe Council, andto he m of its Execulive Committee, such feesand allowances forattendanceat meetings.andsuchreasonable ling allowance, as shall from lime to time be prescribed.

13. income and expendirureofthe Council

1. (1) The income of tl~cCouncil sliall consist of-
   • (a) rcgistra~ionlees rcceived from thc practirioners;
   • (b) grants received from he Govcrnmear, if any; and
   • (c) any othcr sums raiscd by the Council.
     • (i) salaries and allowances of thc Regismar and Ihc shff maintained by the Council;
     • (iii) remuneration paid to thc assessors; and [hisAct.

(1) The income of tl~c Council sliall consist of- (a) rcgistra~ion lees rcceived from thc practirioners; (b)

grants received from he Govcrnmear, if any; and

(c) any othcr sums raiscd by the Council. (i) salaries and allowances of thc Regismar and Ihc shff maintained by the Council; (iii) remuneration paid to thc assessors; and [his Act.

Council Act, 1956(CcntralAct 102 of 1956).

1. (2) T h c Exccutive Committeemay,from time to time, gmnt leave lo the Registrar: Provided [hat, if [hepcriodof leave docs not exceed one month,the leave may bc grantedby the ~residen
2. (3) During rhc temporary vacancy in [he oificc of the Regisbardue lo lcavc or any other reasons,ihe Dep DELI41GAZETTE:EXTRAORDWARY--- ----17 Cornmineemay, wilh Ihc previous sanctionoftheGovernment, appoint anotherpersontoact inhisplace,and any person so appoinled shall lor the period of such appoinnnent, be deemed lo be the Registrar for the purposesofthis Act; 1 , ( 5 )appointedSaveashenvisetheRegistrar,providedorbyimposeihisAct,anytheolhersalarypenaltyanduponallowanceshiminlheandmannerothcrcondirionsasmaybcOFprcscrih~-~l,scrvi~of~the Providedthat, when Ihc periodofsuch vacancydoesnot cxceed onemonth,the appoin~mcotmay bc ;aladeby thc President,who shall Iorthwithrcpon such appointmcnr to thc Executive Comniirtce,and the CT"men[.
3. (4) The Council may, with the previous sanction 01' the Government, suspend, dismiss or rernovc 3s) person Regishar shall be such as may bc prcscribed. ! (6) The Registrar shall be the Sccrctary and the Exrcurive Olficcr oftheCouncil. He shall attend all rnct~ingsof 3 ' [heCouncil,andofitsExecutiveCornmillac,and shallkeepminutesofthemcclingsandnamcsorintmbers preseni and of the proceedingsofsuch n~cetings.
4. (7) The accounrs ofthe Councilshall be kept byIhc Registrar, inthe prescribcdmanner. .!I (8) ThcRegistrarshallhavesuchsupervisorypowersovcrthe staffasmaybeprescribcd,andmayperfoniisuch other duties and dischargesuch othcr funcliuns as may be specified in this Act, or as may bc prescr~bcd.
5. (9) The Rcgi51rarshall be dccmed40 bc a public scrvant within tlre meaning of scction 21 of IIICItlrlian Penal Code. CHAPTER 111 PREPARATIONAND MAINTENANCEOF REGISTER

i d (I) Asmcdicalsoonpracti~ionersasmay beafterTorthe appointedDelhi, inaccordanceday, thcwithRcgis~rarrheprovisionsshallprepareofthisandAct.mainlainrhereafleramgistcrof

1 (2) Theregistershallbcinsuchform,andmaybedividediotosuchparts,asmaybcprescribed.Theregistcr

j shall inculde the rull name, address andqttalifica~io~~swith [henamc of coitzgc and university or Ihe rcgis-

I tcred practitioner, the datc on which each qualificationwas obtained, and such other particulars as ~liaybe

! prescribed.

I

1. (3) Any pcrson who possesses any of lhe qualifica~ionsin the First, Second nr Third Schcdule to the Indian Mcdical Council Act, 1956 (Central Act 102 o f 1756) sl~allsubject to any condition laid dow11by or under . [he Indian Medical Council Act. 1956, at any tinrc on an applicarion made in the prcscribcd fornl lo rt~c Regis~rarand on payment orn prcscribed fee and or1prcsenlalionof proof of his registcrablcqualiliualion. be entitled to have his namc cntered in the register.
2. (4) (a) Evcryperson, whosc namewas entcredonadalcpriorto Is1May,1961 in indian MedicalCouncilRcgisler and continued in such register on the day immcdialely preceding rhe gpoinled day, shall be cnrirlcd to havc his namecontinued in thc register preparcd under this Act.
   • (b) Wi~hina period of thrcc months rrom the appointed day or such fufihcr periodas thc Govemmenr may alIow, rhe Regislrarshall publish a geomal notice in thc Omcial Gazette and in such nctvspapcr;. :IS the Council may sclcct, in such hrm as may bc prcscribed, calling upon every pcrson to whom [:I:.. .r: In) applics, to pay to the Rcgisbr inbeprescribedmannerIheprcseribed fee ifhedesires to h i i ~ chis na?li!c on thc register under h i s Act, and shall also send individual notice for a like purpose by regis~ercd~951 to every such person a1 his !as1 known address in such form as may be prescribed. 'Rlz narnv u; :.:i-q' such person who payssuch Tee before the expiry ofthe periodoftwo monllisfrom r l ~ r .dare vl' pub,hC,111..11' ofthe general notice in thc Omcial Gazette shall be enlisted on the register. ( 5 ) ARer the last date for paymentof the prescribed fee under clause (b)ofsub-sec!ion (4) hascxpircd and lhc rcgisler prepared in accordance with roregoing provisions is ready, the Registmr, shall publish a notice in ~ h cOlticial Gazctte and such newspapers as rhe Council may select, about the regislcr having buen prcprlred, and fhc register shall come into force from the date orthe publicationof such notice in the Official Gazetre. ,
3. (6) Any person servicing or prac~isingmodern scientific sysrcln OFmcdicinc in Delhi shall be regisrcred ~ I r [heh Council under rhis Act. Wirhout regisrrationwi01Council ally person rhoughqualified in modcm sciznlific system of medicine, shall be liable for actionas specified by rhe Council. than one such pIace in any one of rhem. ,

1. (1) Wo person who possesses a medicalqualification granted by any authorib in any place oulside [he rcrritory at (other than he qualification specifiedinthe Second Scheduleor h eThird Schedule lo he lndian Medical co Act, 1956),shall beregistered under this Act, unlessthe procedure specified insub-section (2) has been fol[owe
2. (2) Any person, who holds any suchmedica1qualification may apply to [heCouncil for registration by giving a CO ( I ) Notwithsrandinganythingcontained in sections 15 and 16,no person whose namehas been removed whe before or aRer the appointed day, from any register kept under his Act or any other law for the lime b e h force in India regulating the registrarionaf medical practitioners on the ground of professianalrniscond shall be entirled to have his iame enrered inrhe register, unlesshis name is duly ordered to bc restoredto registerfrom which ilwas so removed.

1. (2) Evey person whose name is enlered in the register under subsection (I)shall be given a certificate ofprovisi registration in [he prescribed Corm.Such certificare shallremainin force for such periodasmay bespecified the

1. (1) I1shall be the duty of the Registrarto make entries in the registcr. h m time to lime, to revise the same and to i certificate of registration in accordance with [heprovisionsoflhisAcl, and\he nrLs made thereunder.
2. (2) (a) Every Registrar ofDealhs on receiving noliceof the death of a medical prac~itionerregistered under rhis
   • (b) Thc namcs ofregistered practitioners, who dic or whose names arc directed ro be removed irom [he regi under ~ecrinn22 shall be removed Lherefrom.
3. (3) Any pcrson whose name is entercd in the register and who subsequent LOhis registmiion desires to record in rcgister any change in his name shall, on an application made in this bchaIland on payment of prescribed fee eniitled to have such change in his name recorded in the regisrer.
4. (4) Subject to the provisions of section 26 of the Indian Medical Council Act, 1956 (Ccnml Act 102 of 19561, against his name in [he register. dueconfirmation and approval of the Executive Cornmitree.

( I ) At such tirnc, nfler the publicatior~of the notice undet sub-section (5) of section I5 as thc Council deems fit, thereafter every five years, the Registmrshall cause to be printed and puhli~heda correct list ofall personsfor time beingentered in the register but not lorer t3an three monthsof the s t a n oieleciion pl,ac,-sp.

(2)nre Regisrarshall cause lo be printed and published annually on or before a date ro be decided by the Execuli

Committee,anaddendumandacorrigendumto[helistpublishedundcrsub-scction(I) showing:-

---DELI[ I GAZE'JTE:EXTRAORDINARY- Ir)

L_

4 {a) 'The namcsof allpersDnsTorlhe limebeingcnreredorre-enteredinthe rcgisler. andnotincludedinany

I

subsisting l i s t alreadyprinrcdand publishtd :

1. (b) the names of all pracri~ioncnincluded in ony suhsisring Iisl. ~vllosenamcs 11a\~rsince been tcmoipd on account ofmy reason r%h;rr-so-cverfrom.and 1101 rc-eritcrcdin. rht: rcgistcr :and Anyothcramcndrnen~s10thesubsistinglist. i I (c) I I

1. (3) The form ofthe list published undcr sub-section (1). rhe parrlculars 10 be incl~rdedtherein. and rhc manner ils publication, shall be such as may be prcscribcd.
2. (4) A copy of~helist referred10 in sub-section( 1 ) shdl he conclusiveevidence inall Courrs. and inalljudicial o: iluasi. judicial proceedings.thar the persons thcrein specifirdarc registeredaccording!othe provisions ofthis Acl. illid[he absence ofthe name ofany person from such copy stlall beevidence. until the contrary is proved, that suchpcrsnn is no1rcgistercd according to ~hcprovisionsoFlhjs Act : Provided !hat inthecase of any personwhose name docs not appear insuch copy, a cenificd copy undcrthe handnt'rlle ;

Disciplinary action inciuding rcrnoval o f namcs from Ihc Register (I) The Council shall have a disciplinary-Commiltce comprising,of :

(i)a Chairman;a bc nominaled by thc Council ;

1. (ii) a Member of Lcgislativc Asscmbly of thc National Capital Territary o f Oclhi. nominated by the Speakcr ;
2. (iii) aLegalExpcntobenominatedbyrheCouncil; I ,(iv) aneminentpublicmannominatedby~ h cGovcmmcni; ;I
3. (v) an eminent medical specialb io the relevantspeciality lo which [hecomplaintpenains. lo be nominatedby rhc Council ;and
4. (vi) a membernominatedby MedicalAssociation of Drlhiwith minimumlenyearistanding.

1. (2) Ifa rcgistercd practitioner I~asbeen, aner due inquiry held by the Council or by the Excutive Committee in the prescribed manner. round guilty orany misconductby ~ h cCouncil or the ExecutiveCmmiitce. the Council may -
   • (a) issue a lclter orwarning to such practilioner; or
   • (b) direct the name of such praclitioner(j) ro be removed from thc rcgistcr forsuch period as rnay be spccificd in Lhc aforesaid direction; or
     • (ii) lo bc rernovcd from the rcgister permanently. Explanatifin -For the purpose of [his sectiona regislered practitioncr shall be dcemedto be guilty of midconduct itL
   • (a) he is convicted by a criminal court foran offence which involves monl turpirude and which is c the meaning of the Code or Criminal Procedure, 1974 (Ccnrnl Act 2 of 1974), or
   • (b) in Lhe opinion of rhe Collncil his conduct is infwnous in =lation to the medical profession particul Code of Ethicsprescribed by the Council or by the Medical Council of India constituted under h e Council Act, 1956(Central Act 102of 1956) in lhis beha![
2. (3) The Council may. on suITcicn1 causc beingshown, dirccl on any ~ubscquentdate that the name removed under the sub-secrion (I)shall be re-entered io the regisrer on such conditions. and ~ W m c ~ ~ prescribed fee. as the Council may deem tit.
3. (4) TheC O U ~may,C ~0fi&own motion,oran(heapplica~ionofany perzon, afterducandproper inquiry anda? anopponunilytothepersonconcemedofbeingheard, canccl or aller ahyentry inthe register, if inthe *PIn' Council, such mfrywas fraudulenrlyor incnrr*r~lvma+ ( 5 ) !I]iiolliiingauy inquiry undcr lhis section, the Council or the Execu~iveCcomrnyj,~:e,as.!he case may be. the samepowersasare vested inCivilCourfsunderthe Code of Ciirit ~iocedune1908when tryingofthc following matters. namely:-
   • (a) enforcing the anendanceof any pcrson. and examining him on oath;
   • (b) compelling Ihe production ordocu~ncnrs; p ~ n!Vlr --DELIII GAZETTE :EXTRAOROINARY 21 j (i] the expression "Legally qualified mcdical praclitioner" or "duly qualified nicdical pradilioncr" or any word in~porlingn person rccognised by law as a medicalpmclitioner ur mcrnber of he medical professiunshall in all Acts o fthc Legislalive Arsernbly of Delhi and all the Central Acts (in their application lo Dclhi)inso far as such ACErelate to any rnaner with respect to which the Legrslative Assrmbly has powers to nlake laws. under Clause (3) ofarticle 239AA of ~ h Cons~iluliori,c include a practitioner whose name is cn1erc.d i n the register under his Act. [ii) evcq regislered practidonershol! be exempt. ilhe SO desires, from servingon an inquest. General Provision applicable to medical practitioncn

Act, 15156{Cenrral Acl 102o f 1956)conlaining general provisions applicable to all mcdical practitioners. Pcnalty for falsely claiming lo bc regisrered

FaIsc orsumplion oTMcdica1Practitioner or Practitioner under this Act In bean iffence

27, Any personwho ialsely assumes that he is a medical pnctitioner or prac~itioncra dcfincd in clause (7) ufbcclion 2 and practises Ihemodem scien~ificsystem ofmcdicinc,shall bepunisliable with rigurnus imprjsonn~entwhich may extendup to three y e m orwith fine which mayextend uproKs.20,000 or with both.

Explonaiion : Under his sectiol~,punishment can be awarded only to medical practirioncrs as defined in section 2j7) of this Act and no panishmcnr may be awardedlo any one practising Velerinary medicine or Veterinary surgety ar Homocoparhic or thc Ayuwedic or the Siddha or the Unani Systcm or Medicine or those holding HAMS or BlMS dcgree.

1. (1) No court utl~errhan rhecourt ola Melropolitan Magistratrate shall take cognizance of, or try an orcncc. urtder this Act.
2. (2) No Coud shall take cognimcc of any ofFcnce undcr this Act rxccpt on a complaint in writling by an oITIc~; em- powcrcd by mles made in this behalf. Control or Covenment 29 ( 1 ) Ifat any time it appcars to [he Govcrnrnent that the Council or this Prcsider~tand Vice-President has failed 10 cxcercise or hascxceedcd or abuscd any of the powersconferred upon it or him by or under this Act, OT has cca~edto fi~nction.or has become incepable of functioning, the Govemmcnt may, if it considcrs such failure, cxcess,abuseor jneapaci~yto beaserious character, nolify lhcparticularsherc~ttatheCouncilor Ihc Prcsidcnt or the Vice-Presidcnt, as the casc may bc. If the Council or the President o i the Vice President, as the case may bc, fails to rcmcdysuch hilure, excess, abuseor incapacity within duch reasonable timeas thc G0vmmcnlmay fix in his behalf, thc Government may remove[hePresidentor Vice-president or dissolvc theCouncil for a specified ptriod, as the case may be. and in caseofdissolution olthc Council, cause all orany aF the powem,duties and hnetianoffhe Councilto beexercised, performedanddischargedbysuch registered praclilionersor pracritionersas IheGovernmentmay appoint in that behalf; Providedthat a new Councilshall be constituted before(herapinrianora periodoftwo years from IhC date ofits dissolution. ,'
3. (2) Notwithstanding anythingcontained inthis Act. or in the rules made thereundcr, iSar any rime it appcnrs to the Governmenl that lhc Counciror anvather uthorities cmpoweredto exercise any of thc powers or to perform anyofthe dutiesor functions under this Act, hasnot becn validly constiruledorappointcd, thc Governrncnt may cause any o fsuch powers, duties or funcrions to be e~erciscdor periormcdby such pcrsorl ur persorls. in such manner and [br such periodnot exceeding six months and subject to such condilions. as it thinks fit. Rule 30. (1) Thc Government may,by nolification inlhc ofiicial Gazene, and subjte~to he condition ofprevious publicalion, make rules locarry out the purposesofthis Act. Such rules may bc made 10provide for all or any ma expressly rcquired or allowed by this Act robc prcscribcd by rulcs. 22 . DELHI GAZEllZ :EXTRAORDINARY
4. (2) In particular, and without prejudiceto the generalityofthe foregoingpower, the Government may make rules for all or any of the following matters, namely :-
   • (a) the time and place at which and he manner in which the election oithe members,and of h e Resident and the Vice-president shall be held under sub-section (5)of secrion3; @) the manner in whichthe meeting oftheCouncil shall be convened, held and conducted undersub-sention(1) of section 8 ;
   • (c) ht powers,duties and functions oi the Council, the conditionssubject lo which they shall be exercisedand. . performed; md regulation of professional conduct of practitioners by a code of ethics in accordancewith section 10; Id) numberofelccled rnembes whoshall be electedby he Council From amongslits membersfor constituting the ExecutiveCommittee of the Council; and the term of ofice of, andthe mannerof fillingcasual vacaricies among;and the precedure lobe followedby, the membersof the Executive Committeeand alsothe powersand duties md funcrions of (he Council asmay be delegated by the Council to be exercised, performed and discharged by the Executive Committee,under the ~rovisionsofsection I 1;
   • (e) the feesand allowancespayable to the President.the Vice-President and othermembersof the Council, and to . Lhemembe~of itsExecutiveCornmineeunder section12; .: (0 the salg-'andallowancespayable to he Registrarand otherconditionsof service of the Reghtm,m h e r of maintenanceof the accounts of the Council by the Registrar,supervisory powers of the Registrarover thestaff and the duties and functions as may be specified in the Act, which may be performed and discharged by the Registrar;
   • (g) the conditions of service of the officersand slaff of h e Council under sub-seclion (3) of section 15; (h] preparation and maintenance orregisler of medical practirioners, the form o fsuchregister,pmiculars includ- ing h ename,addressand qualifica~iois,etc.oftheregisieredpractitioners 10 beenteredin the regi~ter~prescrip- tian of tht form of application and of nolice to be published in the official Gazette and newspapers to have names registered, prescriptionof fees to be paid for such enby and the manner of payment, prescription of , ,. pdclitionerform- for sendingunderseclionindividuali5;notices. prescriptionof the fonn nfcertificale which shaIl be given lo regislered (i) prescribing ~e form of application forprovisionalregisrration,feepayable for such registration and prescrib- ing form of certificate of provisional regisbation under section 18; 0) prescription offee forrecording change of name in thc register,prescriptionofthe feepayable for cntering , additional qualification in h eregisterand prescription of fce payable for issue of duplicate certificate of . regismtion under section 19; &) 'theformofthelistofregisteredMedicalPracfiiionersandmannerofthepublication ofthe1ist:nder section20; . [I) mannerfor taking disciplinary action, etc., agsinsl registeredpractitionersby EheCouncil of by the Executive . Committee, conditiofls,subjectto which and (he fee for re-entering Lhc name of a practitioner in the register . . and the remunerationlo be paid!? an assessor under section 21;
   • (m) form of notices and form of applicationfai renewal of registration by registered medical pmtitioners, fee , payable forre-enby ofn m c which is removed fiom Lheregisterdue to non-renewalundersection22;
   • (n) themannerinwhich appealsagainstthedecisionofthe Registrarshallbe heard by, h eCouncilunder section 23;
5. (0) officers who are ernpowerrdtomakea compraintundersubsection (2) of section 29; (p) anyothermatterwhich istobe,ormaybc,prescribedunderthiskct
6. (3) All rules made under chis section shalI k laid for not less chan him days beforeh e Legislative AssernbIy of Delhi assoon as possibIe afier they are made andshall besubjea to rescissionby the LegisIadveAssembIy.or to such rnodifica~ionsIhe Legislative Assembly may make during h e session in which Lhcy are so Iaid or Iht session immediately following.
7. (4) Any rescissionor modificationsso madeby the LegislativeAssembly ofDelhi shall bepublished in [heomcia1 Gazette and shaIl hereupontake effect. P n ~ IVlr DELWl GAZEITE:EXTRAORDINARY -- z3 Code of Cortduct and Erhies

iron1 time LO rime. Power t o removc difficulties

R.'I'.L. D'SOUZA, Under Secy. (LA.).

rriotc4 hs\hE Managtt, GWI.~ f l n d ~Piru,a Rinl Road. Mayapuri,New Drlhi.1lW andPublished byrhcCon~rallcrnrPublica~ions.Dclhi-ldO(154 -1997