20-07-2012, 12:06 PM
THE INDIAN MEDICAL COUNCIL ACT
THE INDIAN MEDICAL COUNCIL ACT.docx (Size: 30.81 KB / Downloads: 28)
SHORT TITLE, EXTENT & COMMENCEMENT
1. This Act may be called the Indian Medical Council Act, 1956.
2. It extends to the whole of India.
3. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
DEFINITIONS
In this Act, unless the context otherwise requires:-
a. "approved institution" means a hospital, health centre or other such institution recognised by a university as an institution in which a person may undergo the training, if any, required by his course of study before the award of any medical qualification to him.
b. "council" means the Medical Council of India constituted under this Act.
c. ["deleted" by Indian Medical Council (Amendment) Act, 1964.]
d. "Indian Medical Register" means the medical register maintained by the Council.
e. "Medical Institution" means any institution, within or without India, which grants degrees, diplomas or licences in medicine.
f. "medicine" means modern scientific medicine in all its branches and includes surgery and obstetrics, but does not include veterinary medicine and surgery;
g. "Prescribed" means prescribed by regulations.
h. "recognised medical qualification" means any of the medical qualifications included in the Schedules.
i. "regulation" means a regulation made under section 33;
j. "State Medical Council" means a medical council constituted under any law for the time being in force in any State regulating the registration of practitioners of medicine.
k. "State Medical Register" means a register maintained under any law for the time being in force in any State regulating the registration of practitioners of medicine.
l. "University" means any University in India established by law and having a medical faculty.
CONSTITUTION & COMPOSITION OF THE COUNCIL
1. The Central Government shall cause to be constituted a council consisting of the following members, namely:-
1. One member from each State other than a Union Territory to be nominated by the Central Government in consultation with the State Government concerned.
2. One member from each University to be elected from amongst the members of the medical faculty of the University by members of the Senate of the University or in case the University has no Senate, by members of the Court.
3. One member from each State in which a State Medical Register is maintained, to be elected from amongst themselves by persons enrolled on such register who possess the medical qualifications included in the First or the Second Schedule or in Part II of the Third Schedule.
4. Seven members to be elected from amongst themselves by persons enrolled on any of the State Medical Registers who possess the medical qualifications included in Part I of the Third Schedule.
5. Eight members to be nominated by the Central Govt.
2. The President and Vice-President of the Council shall be elected by the members of the Council from amongst themselves.
3. No act done by the Council shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of the Council.
MODE OF ELECTION
1. (a) An election under clause (b), clause © or clause (d) of sub-section (1) of section 3 shall be conducted by the Central Government in accordance with such rules as may be made by it in this behalf, and any rules so made may provide that pending the preparation of the Indian Medical Register in accordance with provisions of this Act, the members referred to in clause (d) of sub-section (1) of section 3 may be nominated by the Central Government instead of being elected as provided therein.
2. Where any dispute arises regarding any election to the Council, it shall be referred to the Central Government whose decision shall be final.
RESTRICTIONS ON NOMINATION AND MEMBERSHIP
1. No person shall be eligible for nomination under clause (a) of sub-section (1) of section 3 unless he possesses any of the medical qualifications included in the First and Second Schedules, resides in the State concerned, and where a State Medical Register is maintained in that State, is enrolled on that Register.
2. No person may at the same time serve as a member in more than one capacity.
INCORPORATION OF THE COUNCIL
The Council so constituted shall be a body corporate by the name of the Medical Council of India,
having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and to contract and shall by the said name sue and be sued.
TERM OF OFFICE OF PRESIDENT, VICE-PRESIDENT AND MEMBERS
1. The President or Vice-President of the Council shall hold office for a term not exceeding five years and not extending beyond the expiry of his term as member of the Council.
2. Subject to the provisions of this section, a member shall hold office for a term of five years from the date of his nomination or election or until his successor shall have been duly nominated or elected, whichever is longer.
3. An elected or nominated member shall be deemed to have vacated his seat if he is absent without excuse, sufficient in the opinion of the Council from three consecutive ordinary meetings of the Council, or in the case of a member elected under clause (b) of sub-section (1) of section 3, if he ceases to be a member of the medical faculty of the university concerned, or in the case of a member elected under clause © or clause (d) of that sub-section, if he ceases to be a person enrolled on the State Medical Register concerned.
4. A casual vacancy in the Council shall be filled by nomination or election, as the case may be, and the person nominated or elected to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was nominated or elected.
5. Members of the Council shall be eligible for re-nomination or re-election.
6. Where the said term of five years is about to expire in respect of any member, a successor may be nominated or elected at any time within three months before the said term expires but he shall not assume office until the said term has expired.