The Uttarakhand Medical Council Act, 2002

(1) This Act may be called the Uttarakhand Medical Council Act, 2002. (2) This Act shall extend to the whole of the State of Uttarakhand. (3) It shall be deemed to have come into force on 30.10.2002.

In this Act, unless the context otherwise requires: (1) "Appointed day" means the day as appointed by the State Government by notification in the Gazette. (2) "Casual vacancy" means a vacancy other than the one where the term of office for a person filled by election or nomination in any office has expired. (3) "Council" means the Medical Council constituted under this Act. (4) "Uttarakhand" means the entire area under the State coming within Uttarakhand. (5) "Executive Committee" means the Executive Committee of the Uttarakhand Medical Council constituted under Section 11 of the Act. (6) "Government" means the Government of Uttarakhand. (7) "Medical practitioner" or "Practitioner" means a person who is working in the modern scientific system of medicine or any of its branches and who possesses the qualifications prescribed in the first, second, and third schedules of the Indian Medical Council Act, 1956 (Central Act 102 of 1956). (8) "Medicine" means medicines of modern scientific system of medicine and shall also include substances used in surgery and obstetrics and materials used for medical treatment but shall not include animal treatment or medicines or instruments, homeopathic, Ayurvedic, Siddha or Unani system. "Medical" shall be construed according to the meaning defined above. (9) "Member" means a member of the Council. (10) "Prescribed" means prescribed by this Act or the rules made thereunder. (11) "President" means the President of the Council. (12) "Vice-President" means the Vice-President of the Council. (13) "Register" means the register of medical practitioners maintained or prepared under this Act or thereunder. (14) "Registered medical practitioner" means a medical practitioner who possesses the qualifications for registration as prescribed by the Indian Medical Council Act, 1956 and whose name is currently entered in the register, but this shall not apply to persons whose names are provisionally entered in the register. (15) "Registrar" and "Deputy Registrar" means the Registrar or Deputy Registrar of the Council appointed under Section 14 of the Act. (16) "Rules" means the rules made under Section 31 of the Act. (17) "Part" means a part of this Act.

(1) The State Government shall publish the date of the commencement of the Act by notification in the Gazette. A Council shall be constituted under the Act, which shall be called the "Uttarakhand Medical Council". (2) The Council shall be a body corporate having a perpetual succession and a common seal and shall have the right to purchase or sell moveable and immoveable property and to keep the same in its possession, and shall also be competent to enter into contracts for the execution of all such works as are required by the Act and shall have the right to sue and be sued. (3) The following shall be members of the Council: (a) Six members who possess the qualifications of being registered as prescribed by the Indian Medical Council Act, 1956, to be nominated by the State Government. (b) One member elected by the medical faculty of every medical college recognized by the Indian Medical Council in the State of Uttarakhand from amongst their teachers. (c) Four members to be elected from the registered medical practitioners of the State, of which one member shall be elected from the Uttarakhand Medical Association: Provided that no such registered medical practitioner shall have the right to vote or stand for election who: (1) Is not a citizen of India, and (2) Does not reside in Uttarakhand and does not practice his profession in Uttarakhand and is not employed in Uttarakhand. (d) The head of the medical faculty of the Universities of the State shall be ex-officio members. (e) The Director General of Medical Services of the State shall be the ex-officio member of the Council. (4) The President and Vice-President of the Council shall be elected from amongst the elected members of the Council. (5) The number and procedure regarding the time of election of the members, President and Vice-President of the Council shall be prescribed by the rules. (6) If in any election, the electing members fail to elect the requisite number of members or the President or Vice-President, the State Government shall have the right to nominate a member from each category from amongst the competent persons to fill the vacancies. The nominated persons shall have the right to work until the vacancies are filled in a regular manner as per this part of the Act. (7) If any dispute arises regarding the election of members, President or Vice-President of the Council, it shall be referred to the State Government for settlement and the decision taken by the State Government thereon shall be final. (8) The provisions of sub-section (3) of section 1 of the Act shall not be required in the following cases: (a) Where the State Government makes the formation of the Council for the first time, in which the State Government will nominate only those persons for each category who possess the prescribed qualifications for being elected. (b) The members so elected shall discharge their duties for such period as is prescribed by the State Government by notification. The total consolidated term of such members shall not exceed three years or as may be prescribed by the Government by notification in the Gazette.

(1) The Government shall publish the names of all members in the official Gazette. (2) Except for the provisions otherwise reserved by the Act, the term of office of every member shall be five years from the date notified under sub-section (1) above: Provided that persons whose membership is elected by teachers of the medical faculty or are ex-officio, shall automatically cease to be members upon the expiry of the term of their original office, prior to the term of the Council. (3) Except for the provisions secured by the Act, the term of the President and Vice-President of the Council shall end on the day of the expiry of their membership of the Council. (4) Notwithstanding the expiry of the term of a member as provided in sub-section (2), it shall be extended and shall be deemed to be valid until the day prior to the publication of the name of the successor under sub-section (1). (5) Notwithstanding the term of the President and Vice-President of the Council as provided in sub-section (3), it shall automatically be extended and end on the date prior to the date of election of the successor. (6) Members, President and Vice-President of the Council shall be entitled to contest elections or be nominated for only one more consecutive term. (7) The Council shall not have the right to grant leave to any of its members for being absent for more than six months in one continuous sequence.

(1) A casual vacancy of the President, Vice-President or member elected by the Council shall be filled by election only from amongst the representatives elected under Clause (a) or (c) of sub-section (3) of Section 3: Provided that if such vacancy occurs six months before the expiry of the full term of the Council, it shall not be filled. (2) The casual vacancy of a member nominated under clause (1) or sub-section (8) of Section 3 shall be immediately informed by the Council to the Government, which shall be filled by re-nomination by the Government. (3) The casual vacancy of a person elected or nominated under Section 3 or Sub-section (1) or (2) of Section 4 shall only be for such remainder of the term of the relevant member as is remaining at the time of the vacancy; this shall not be restricted by the said sub-section (8).

(1) The President or Vice-President may resign from their office at any time by informing the Registrar of the Council. This resignation shall be valid from the date it is accepted by the Council or within a period of 60 days from the date of intimation, whichever is earlier. (2) An elected or nominated member of the Council may submit their resignation in writing at any time to the President or the Government through the Registrar. This resignation shall be valid from the date it is accepted by the President or the Government or 60 days after the information of the resignation is sent, whichever is earlier.

(1) An elected or nominated member shall be declared disqualified for election, nomination or for continuing in office, if: (a) He has been declared an insolvent, or (b) He is of unsound mind and is so declared by any authorized court, or (c) If his name has been removed from the State register and has not been re-entered, or (d) If he is a full-time employee of the Council or if he has been sentenced by a court for involvement in unethical reasons. (2) If any member has failed to participate in three consecutive meetings of the Council without a leave of absence granted under sub-section (7) of Section 4 or due to any other reason which, in the opinion of the Council, is sufficient for declaring his seat vacant, the Council shall be free to take action to declare that seat vacant and fill the vacancy. (3) If a member is declared disqualified for reasons mentioned in sub-section (1) in his office, the Council shall send a report to this effect to the Government; if the Government is satisfied with the reasons for disqualification, the Council shall declare that seat vacant.

(1) Calling, holding and conduct of the Council meeting shall be as prescribed by the rules. (2) The President, when present, shall preside over every meeting of the Council. In the absence of the President, the Vice-President shall preside over the meeting. If both are absent, a member elected from amongst the general members of the Council shall preside over the meeting. (3) Any disputed matter in the Council meeting shall be decided by a majority of votes of the members present in the meeting. (4) The presiding officer of a meeting shall have the right to vote at that time when the votes for and against a matter are equal. (5) The quorum for a meeting of the Council shall be complete with six members, in which the President and Vice-President shall also be included. When the above quorum is not being met in a meeting, the presiding officer, after waiting for at least 30 minutes, may adjourn the meeting for that day or until the next day and this information shall be recorded on the notice board of the Council. The disputed matter shall be placed in the next meeting of the Council and can be disposed of even in the absence of a quorum.

(1) The proceedings of every meeting of the Council shall be confidential and no person shall disclose the proceedings of the meeting or any part of it without a prior resolution of the Council: Provided that any person may disclose or publish those decisions of the Council for which a resolution has already been passed by the Council and if the Council, by a resolution, has not decided to keep the publication strictly confidential. (2) Any act done by any person in the capacity of a member or President or Vice-President of the Council or as presiding officer of a meeting shall not cease due to a defect or disqualification in their election or nomination, nor shall the proceedings of those meetings of the Council in which they have presided be required to be void, if the decision of the meeting was taken based on the majority of members. (3) When any post of the Council is vacant, the continuing members of the Council shall perform the work as if no such vacancy has occurred. (4) No act done by the Council shall be questioned only on the ground that there was a vacancy or there was some defect in the constitution of the Council.

Subject to the Act or the rules prescribed, the powers, duties and functions of the Council shall be as follows: (a) To prepare and maintain a register of live medical practitioners and to make arrangements for the registration of medical practitioners. (b) To dispose of appeals made against the decision of the Registrar. (c) To prescribe the code of ethics and professional conduct for medical practitioners. (d) To punish, suspend, or delete the name of a medical practitioner from the official register and to take disciplinary action against them, as may be proper and necessary in the opinion of the Council. (e) To ensure the compliance of all other powers, responsibilities and duties which are given by this Act or prescribed by the rules. (f) To receive complaints of the general public (including patients and their family members) regarding indecent behavior or dereliction of duties by any medical practitioner, and to analyze them and take decisions on merit, and if necessary, to pay compensation to the complainant and also, if the complaint is baseless, to initiate action against the complainant. (g) To give protection to the members of the Council in the discharge of their professional responsibilities. (h) To ensure that no disqualified person is performing medical work through modern scientific systems.

(1) The council as soon as may be, shall constitute an executive committee consisting of the President, an ex-officio member and such other number of other members, elected by the council from amongst its members, as may be prescribed. (2) The term of office of and the manner of filling casual vacancies among, and the procedure to be followed by, the members of the executive committee shall be such as may be prescribed. (3) In addition to the powers, duties and functions conferred, imposed and entrusted by this Act, the executive committee shall exercise such powers, perform such duties, and discharge such functions of the council as may be delegated to it by rules or entrusted to it from time to time, by the council. (4) The president shall be the ex-officio Chairman of the Executive Committee.

There shall be such fees, allowance and traveling allowances paid to the President, the Vice President and other members of the council, and to the members of its Executive Committee, for attendance at meetings, as shall from time to time be prescribed.

(1) The income of the Council shall consist of:- (a) Registration fees received from the practitioners; (b) Grants received from the Government, if any and (c) Any other sums raised by the Council. (2) It shall be competent for the Council to incur expenditure for the following purposes; namely:- (a) Salaries and allowances of the Registrar and the staff maintained by the Council; (b) Fees and allowances paid to the member of the council and of the Executive Committee; (c) Remuneration paid to the assessors; and (d) Such other expenses as are necessary for performing the duties and discharging the functions under this Act.

(1) The Council, with the prior approval of the State Government, shall appoint a person to the post of Registrar or Deputy Registrar who is a medical graduate possessing the qualifications prescribed by the Schedule (1), (2) and (3) of the Indian Medical Council Act, 1956 (Central Act 102 of 1956). (2) The Council may grant leave to the Registrar from time to time: Provided that the period of leave shall not exceed one month. The leave shall be sanctioned by the President. (3) In the event of a temporary vacancy in the post of Registrar due to leave or any other reason, the work of the Registrar shall be looked after by the Deputy Registrar. In the absence of the Registrar and Deputy Registrar, the Executive Committee, after taking prior approval from the Government, shall appoint a person to work in that post. During this period of appointment, the acts of this person shall be considered as acts done by the Registrar under the Act: Provided that when this period does not exceed one month, the appointment may be made by the President, and information of this will be required to be given immediately to the Council and the Government. (4) The Council, after obtaining prior approval of the Government, may suspend or remove any person appointed as Registrar or impose any kind of pecuniary penalty, as prescribed by the rules. (5) Except as otherwise maintained by the Act, the pay, allowances and other terms of service of the Registrar shall be as prescribed. (6) The Registrar shall also be the Secretary and Executive Officer of the Council and shall participate in all meetings of the Council and the Executive Committee and shall keep records of the proceedings of the meetings and the names of members participating in that meeting, etc. (7) The accounts of the Council shall be maintained by the Registrar in the manner prescribed by the rules. (8) Supervisory powers over the employees of the Council shall be exercised by the Registrar as prescribed by the rules, and all such duties and functions as are provided by the Act shall be performed. (9) The Registrar shall be a public servant as described under Section 21 of the Indian Penal Code.

(1) As soon as the date of effect of the Act is fixed, a register shall be prepared and maintained by the Registrar for registering medical practitioners of Uttarakhand under the provisions of the Act. (2) The register shall be maintained by dividing it into one part or several parts in the manner prescribed by the rules and the following details shall be made available in the register: (a) Full name of the applicant, his full educational qualification, including the names of the school/university, the date of every educational qualification obtained by the applicant and other details as prescribed by the rules, shall be entered in the register. (3) Any person who possesses the qualifications of Schedule (1), (2) and (3) of the Indian Medical Council Act, 1956 (Central Act 102 of 1956) and fulfills all conditions of the Indian Medical Council Act, may apply at any time before the Registrar on a prescribed form and upon submitting the prescribed fee and evidence of the qualification to be registered, shall be able to get his name entered in the register. (4) (a) Every person whose name has been continuously entered in the register of the Indian Medical Council since 1st May 1961 and whose continuity existed until the day before the commencement of this Act, shall be entitled for registration in the register prepared under this Act. (b) Within three months of the date of commencement of this Act or within the time limit fixed by the Government, the Registrar shall publish in the official Gazette or in newspapers, as determined by the Council, for general information, that every person who is eligible for registration in compliance with clause (a) shall be asked to apply on a prescribed form along with the prescribed fee and procedure, if that person wants to be registered under this Act. He shall send information to every such person separately by registered post or any other method prescribed by the rules to their last known address. Every person who pays the fee etc. within two months of the date notified by the Gazette published for public information or before the expiry of the information, shall be entered by the Registrar in the register. (5) After the expiry of the time for depositing the prescribed fee in accordance with clause (b) of sub-section (4) of Section 4 and after the register is prepared under the above provisions, it shall be published in the official Gazette/newspapers as desired by the Council, and it shall be deemed to be effective from the date fixed by the official Gazette. (6) Any person who is engaged in medical service or medical practice through modern medical system within the limits of Uttarakhand State shall be registered under the Act. In the absence of registration by the Council, any person who possesses the qualifications prescribed in the modern medical system shall be liable to the action specified by the Council. (7) Every registered medical practitioner shall be given a certificate on a form prescribed by the rules. The registered medical practitioner shall display this certificate such that it is visible at an easily visible place of his profession, and if the practitioner operates his medical profession in more than one place, he shall display it at the place of one of his professions.

(1) A practitioner holding a medical qualification from any authority in any place outside the territory of Indian (other than the qualification in the second schedule or the Third schedule to the Indian Medical Council Act 1956) shall not be registered under this Bill, unless the procedure specified in sub-section (2) has been followed. (2) Any person, who holds any such medical qualification, may apply to the council for registration by giving a correct description of his qualification, with his degree, diploma, license or certificate. The council shall send the same to the Medical Council of India for opinion and shall act according to the opinion.

Notwithstanding anything contained in section 15 and 16, no person whose name has been removed whether before or after the appointed day, from any register kept under this Bill or any other law for the time being in force in India regulating the registration of Medical practitioners on the ground of professional misconduct shall be entitled to have his/her name entered in the register, unless his/her name is duly ordered to be restored to the register from which it was so removed.

(1) Any person who desires to be registered provisionally under section 25 of the Indian Medical Council Act, 1956 (central act 102 of 1956) shall make an application in the prescribed form to the Registrar and shall pay the prescribed fee. (2) Every person whose name is entered in the registrar under sub-section (1) shall be given a certificate of provisional registration in the prescribed form. Such certificate shall remain in force for such period as may be specified therein.

(1) It shall be the duty of the Registrar to make entries in the register, from time to time, to revise the same and to issue certificate of registration in accordance with the provisions of this Act, and the rules made there under. (2) (a) every Registrar of births and deaths, on receiving notice of death of a medical practitioner, under this Act, shall forthwith transmit by post to the registrar appointed under this Act a certificate under his own hand of such death with the particulars of time and place of death and may charge the cost of such certificate and transmission as an expense on his office; (b) the names of registered practitioners, who die or whose names are directed to be removed from the register under section 22 shall be removed there from. (3) Any person whose name is entered in the register and who subsequent to his registration desires to record in the register any change in his name shall, on an application made in this behalf and on payment of prescribed fee be entitled to have such change in his name recorded in the register. (4) Subject to the provisions of section 26 of the Indian Medical Council Act 1956 (Central Act, 102 of 1956), any person whose name is entered in the register and who subsequent to his registration obtains any additional qualification specified in any of the schedules to the Indian Medical Council Act, 1956, shall on an application made on this behalf and on payment of the prescribed fee be entitled to have an entry stating such additional qualification made against his name in the register.

(1) At such time after the proposed date of publication of Section 15 sub-section 5, as the Council deems fit, and thereafter upon the expiry of every five years, the Registrar shall cause to be printed and published a list of all such revised persons whose names have been entered in the register, which shall be completed three months before the commencement of any election process. (2) The Registrar shall ensure that annually or on such date as determined by the Executive Committee, he shall print and publish a registered list or publish a supplementary and a corrigendum indicating the list established by sub-clause (1): (a) Names of all such persons as have been entered or re-entered in the register until that time and who have not been included in any other available printed and published list. (b) Names of those practitioners who are recorded in the list currently being formed and whose names have been deleted for any reason and whose re-entry has not been made in the register, and (c) Any other amendment necessary in the existing list. (3) The publication, which shall be done in the form determined under sub-clause (1), shall contain the details and the method of its publication shall be as prescribed by the rules. (4) The list prepared under sub-section (1) shall be accepted as conclusive evidence before any court and for any judicial or quasi-judicial proceeding, which shall prove that the persons specified under the provisions of the Act in this list or the persons whose names are not mentioned herein shall be considered as registered or unregistered unless the contrary is proved under this Act: Provided that in any situation, if the name of a person is left out from appearing in the published list, that person shall obtain a certified photocopy of the entry of his name in the register from the Registrar, which shall be the evidence of that person being registered under the Act.

(1) The council shall have a disciplinary committee comprising of: (i) A Chairman to be nominated by the council; (ii) A member of legislative Assembly of Uttarakhand State nominated by the speaker; (iii) A legal expert to be nominated by the Law Department; (iv) An eminent public man nominated by the Government; (v) An eminent medical specialist in the relevant specialist to which the complaint pertains, to be nominated by the council ; and (vi) A member nominated by Medical Association of Uttarakhand State with minimum ten years standing. (2) If a registered practitioner has been, after due inquiry held by the council or by the executive committee in the prescribed manner, found guilty of any misconduct by the council or the executive committee, the council may:- (a) Issue a letter of warning to such practitioner; or (b) Direct the name of such practitioner- (i) to be removed from the register for such period as may be specified in the aforesaid direction; or (ii) to be removed from the register permanently. Explanation- for the purpose of this section a registered practitioner shall be deemed to be guilty of misconduct if:- (a) he/she is convicted by a criminal court for an offence which involves moral turpitude and which is cognizable within the meaning of the code of criminal procedure 1973 (central act 2 of 1974), or (b) in the opinion of the council his/her conduct is infamous in relation to the medical profession particularly under any code of Ethics, prescribed by the council or by the Medical Council of India constituted under the Indian Medical Council Act, 1956 (central act 102 of 1956) in this behalf. (3) The council may, on sufficient cause being shown, direct on any subsequent date that the name of a practitioner removed under the sub-section (1) shall be re-entered in the register on such conditions, and on payment of the prescribed fee, as the council may deem fit. (4) The Council may, of its own motion, or on the application of any person, after due and proper inquiry and after giving an opportunity to the person concerned of being heard, cancel or alter any entry in the register, if in the opinion of the council , such entry was fraudulently or incorrectly made. (5) In holding any inquiry under this section, the council or the executive committee, as the case may be, shall have the same powers as are vested in civil courts under the code of civil procedure, 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 of commissions for the examination of witnesses. (6) All the inquiries under this section shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code. (7) a) for the purpose of advising the Council or the Executive Committee, as the case may be , on any question of law arising in any inquiry under this section, there may in all such inquired an assessor, who has been for not less than ten years; (i) an advocate enrolled under the advocated Act 1961, or (ii) advocate General of the Honorable High Court; (iii) an attorney of a High Court. Explanation— (a) for the purpose of this sub-section for computing the required period that period will also be added during which a person has been enrolled as an advocate under the Indian Bar council Act, 1926. (b) where an assessor advises the Council, or the executive committee, as the case may be, on any question of law as to evidence, procedure or any other matter, he shall do so in the presence of every party or person representing a party to the inquiry who appears thereat or if the advices tendered after the Council or the Executive committee has begin to deliberate as to its findings, every such party or person as a foresaid shall be informed what advice the assessors has tendered, such party or person shall also be informed if, in any case, the council or the executive committee does not accept the advice of the assessors on any such questions as a foresaid. (c) any assessors under this section may be appointed either generally, or to any particular inquiry, and shall be paid the prescribed remuneration as may be prescribed from time to time.

(1) Notwithstanding anything contained in section 15 and 20, on such date, after the date of publication of the notice under sub-section 5 of section 15, as the Executive Committee may, with the previous sanction of the Government, decide, and every five years thereafter, the Registrar shall cause two notices in the prescribed form to be published, at an interval of not less than thirty days in the official gazette calling upon in the manner provided in sub-section (2) on registered practitioner to make an application to the registrar for the continuance of their names of the register. (2) The registrar shall, after the publication of the first notice under sub-section (1), send a notice by registered post enclosing therewith the prescribed form of application to the registered practitioners at their addresses as entered in the register, calling upon them to return the application to the registrar for continuance of their names of the register within forty-five days of the date of the notice. If any of the registered practitioners fails to return such applications within the time specified, the registrar shall issue a further notice to such registered practitioner by registered post after the application of second notice under sub-section (1), enclosing therewith the prescribed form the application to the registrar for the continuation of his name on the register within thirty days of the date of the further notice with a fee as may be prescribed from time to time. (3) If the application is not made on or before the date fixed by further notice sent by registered post under sub-section (2) the Registrar shall remove the name of the defaulter from the registrar and shall inform him of such removal by registered post : Provided that if an application for continuance of the name so removed is made within a period of six months from the date fix by the said further notice by registered post under sub-section (2), the name so removed may be re-entered in the register on payment of the prescribed fee.

(1) Any person aggrieved by any decision of the Registrar under this Act may, within the period of 1 month from the date on which the decision is communicated to him, appeal to the Council which shall hear and determine the appeal in the prescribed manner. (2) Save as otherwise provided in the Indian Medical Conceal Act, 1956 (Central Act 102 of 1956), the decision of the Council under this Act shall be final.

Notwithstanding anything contained in any law for the time being in force- (i) The expressions ‘legally qualified’ medical practitioner ‘ or duly qualified medical practitioner’ or any word importing a person recognized by law as a medical practitioner or member of the medical profession shall in all acts of the Legislative Assembly of Uttarakhand and all the central Acts (in their application to Uttarakhand) in so far as such Acts relate to any matter with respect to which the legislative Assembly has power to make laws, under clause (3) of article 239 AA of the constitution, include a practitioner whose name is entered in the register under this Act: (ii) Every registered practitioner shall be exempt, if he so desires from serving on an inquest.

The provisions of this Act are in addition to, and not in derogation of the provision of the Indian Medical Council Act, 1956, (Central Act 102 of 1956) containing general provisions applicable to all medical practitioners.

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 titled any word or letters reasonably calculated to suggest that his name is so entered, he shall, on conviction, be punished with minimum fine of Rs. 25,000 which may extended upto Rs. 50,000.

Any person who falsely assumes that he is a medical practitioner or practitioner as defined in clause (7) of section, 2 and practices the modern scientific system of medicine shall be punishable with rigorous imprisonment which may extend upto three years or with fine which may extend upto Rs. 50,000 (fifty thousand rupees) or with both. Explanation: under this section punishment can be awarded only to Medical practitioner as defined in section 2(7) of this Act and no punishment may be awarded to any one practicing veterinary medicine or veterinary surgery or homeopathic or ayurvedic or siddha or the Unani System of medicine those holding BAMS or BIMS degree.

(1) No court other than the court of a Chief Judicial Magistrate, or Magistrate First Class shall take cognizance of, or try an offence, under this Act. (2) No court shall take cognizance of any offence under this Act except on a complaint in writing by an officer empowered by rules made in this behalf.

(1) If at any time, it appears to the 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 Government may, if it considers such failure, excess abuse or incapacity to be 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 as the case may be, fails to remedy such failure, excess abuse or incapability within such reasonable time as the Government may fix in this behalf, the Government may remove the President or Vice President or dissolve the council for specified period, as the case may be, and in case of dissolution of the council, cause all or any of the powers, duties & function of the Council to be exercised, performed and discharged by such registered practitioner or practitioner as the Government may appoint in that behalf : Provided that a new council shall be constituted before the expiry of a period of two years from the date of its dissolution. (2) Notwithstanding anything contained in this Act, or in the rules made there under, if at any time it appears to the 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 Government may cause any of such powers duties or functions to be exercised or performed by such person or persons, in such manner and for such period; not exceeding six months and subject to such conditions, as it thinks fit.

(1) The Government may, by notification in the official Gazette, and subject to the condition of previous publication, make rules to carry out the purposed of this Act. Such rules may be made to provide for all or any matters expressly required or allowed by this Act to be prescribed by rules. (2) In particular and without prejudice to the generality of 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 (5) 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 condition 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 of the Council; and the term of office of, and the manner of filling casual vacancies among and the procedure to be followed by the members of 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 provision of section 11; (e) the fees and allowances payable to the President, the Vice President and other member of the Council, and 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 the duties and functions as may be specified in the Bill, 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 section15; (h) preparation and maintenance of the register of medical practitioners, the form of such register, the particulars including the name, address, and qualification, 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 the form of certificate which shall be given to registered practitioners under section 15; (i) prescribing the form of application for provisional registration, fee payable for such registration and prescribing form of certificate of provisional registration under section 18; (j) prescription 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 19; (k) the form of the list of registered medical practitioners and manner of the publication of the list under section 20; (l) manner for taking disciplinary action etc. against registered practitioner 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 21; (m) from of notice and form of application for renewal of registration be registered medical practitioner, fee payable for re-entry of name which is removed from the register due to non-renewal under section 22; (n) the manner in which appeals against the decision of the Registrar shall be heard by the Council under section 23; (o) officers who are empowered to make a complaint under sub-section (2) of section 29; (p) any other matter which is to be, or may be, prescribed under this Bill. (3) All rules made under this section shall be laid is not more than thirty days on as soon as possible after they are made before the Legislative Assembly of Uttarakhand and shall be subject to rescission by the Legislative assembly or to such modifications as the Legislative Assembly may make during the session in which they are so laid or the session immediately following. (4) Any rescission or modification so made by the Legislative Assembly of Uttarakhand shall be published in the official Gazette and shall thereupon take effect.

The Council shall follow the code of conduct and medical ethics as prescribed by the Medical Council of India from time to time.

If any difficulty arises in giving effect to the provisions of this Act, the Government may by order as occasion requires, do anything which appears to it to be necessary for the purpose of removing the difficulty: Provided that no such order shall be made after the expiration of two years from the constitution of the Council.

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