Vidhi Codex

section 28

Court competent to try omencc, undcr this Act and lake cognizance ofoffcnce

The Delhi Medical Council Act, 1996
Health199624 sections1 chapters
Read full ActSections

Chapter I PRELlMlNAHY

Statutory text
  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

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