BENGAL MEDICAL ACT, 1914
Preamble - THE BENGAL MEDICAL ACT, 1914
THE BENGAL MEDICAL ACT, 1914
[West Bengal Act, No. VI of 1914]
[27th May, 1914]
PREAMBLE
An Act to provide for the registration of Medical Practitioners in
Bengal and for matters connected therewith.
Whereas the
sanction of the Governor General has been obtained, under Section 5 of the
Indian Councils Act, 1892, to the passing of this Act;
It is hereby
enacted as follows :--
Section 1 - Short title, extent and commencement
(1)
This Act may
be called the Bengal Medical Act, 1914;
(2)
It extends
to the whole of West Bengal and
(3)
It shall
come into force on the day on which it is published in the Official Gazette
after having received the assent of the Governor General :
Provided that Section 29, Section 30 and Section 31 shall not come into
force until a date to be appointed in this behalf by the State Government by
notification in the Official Gazette.
Section 2 - Definitions
In this Act,
unless there is anything repugnant in the subject or context,--
[1]* * * * * *
(b) ??the expression "the
Council" means the Council established under Section 3 ;
(b1) the expression "medicine" means modern scientific
medicine and includes surgery and obstetrics, but does not include veterinary
medicine or veterinary surgery or the Homoeopathic, the Ayurvedic or the Unani
system of medicine ; and the expression "medical" shall be construed
accordingly;
(c) ???the expression
"registered practitioner" means any person registered under the
provisions of this Act;
(d) ??the expressions
"President" and "Vice-President" mean respectively the
President and the Vice-President of the Council ; and
(e) ??the expression
"Registrar" means a Registrar appointed under Section 14.
Section 3 - Establishment of the West Bengal Medical Council
A Council
shall be established and called "the West Bengal Medical Council";
and such Council shall be a body corporate and have perpetual succession and a
common seal, and shall by the said name sue and be sued.
Section 4 - Constitution of the Council
(1)
The Council
shall consist of the following members, namely :--
(a)
three
members to be nominated by the State Government;
(b)
one member
to be elected from amongst themselves by such members of the authorities of
each of the Universities as are registered practitioners;
(c)
two members
to be elected from amongst themselves by the members of the Governing Body of
the State Medical Faculty of West Bengal so long as that body continues to hold
qualifying examinations in Medicine ;
(d)
the Director
of Medical Education and ex officio Secretary, Department of Health and Family
Welfare, Government of West Bengal, ex officio;
(e)
the
President, Indian Medical Association, West Bengal State Branch, ex officio;
(f)
the Dean of
the Faculty, Council for Post-Graduate studies in Medicine of each University,
ex officio;
(g)
seven
members, of whom at least one shall be from each of the Universities outside
Calcutta, to be elected by the Principals, Professors, Associate Professors,
Readers, Assistant Professors and Lecturers of Medical Colleges affiliated to
the Universities from amongst themselves.
Explanation.--"Calcutta" shall have the same meaning as in the
Calcutta Municipal Corporation Act, 1980 ;
(h)
nine
members, of whom not less than five shall be graduates and not less than two
shall be Licentiates in Medicine to be elected by the registered practitioners
from amongst themselves :
Provided
that no registered practitioner shall be entitled to vote or stand as a
candidate for election at an election of members under this clause unless he--
(i)
is a citizen
of India ; and
(ii)
either
resides or carries on his profession or is employed in West Bengal.
Explanation.--For the purpose of this sub-section,
"University" shall mean a University, constituted under an Act of the
State Legislature, which awards degrees in the subject of medicine.
(2)
If a person
is elected as a member under more than one of the clauses of sub-section (l),
he shall, within such period as may be prescribed by rule made in this behalf
under Section 33, inform the Registrar under which of the clauses he desires to
be treated as elected and thereupon he shall be deemed to have been elected
under that clause and the seat to which he was elected under any other clause
shall be deemed to be vacant. Until he so informs the Registrar he shall not be
entitled to act as a member; and in the event of his failure to inform the
Registrar within the prescribed period, every seat to which he was elected
shall be deemed to be vacant.
Section 5 - Nomination of members in default of election
If any of
the electrol bodies referred to in clauses (b) to (e) of sub-section () of
section 4 does not, by such date as may be prescribed by rule made in that
behalf under Section 33, elect a person to be a member of the Council, the
State Government shall nominate a member in his place and any person so
nominated shall be deemed to be a member as if he had been duly elected by such
body.
Section 6 - Disqualifications for being elected or nominated a member
A person
shall be disqualified for being elected or nominated a member of the Council if
he--
(a)
is not
registered under this Act; or
(b)
has been
sentenced by any Court for any non-bailable offence, such sentence not having
been subsequently reversed or quashed, and such person's disqualification on
account of such sentence not having been removed by an order which the State
Government is hereby empowered to make, if it thinks fit, in this behalf;
(c)
is an
undischarged insolvent; or
(d)
is not a
citizen of India either residing or carrying on his profession or employed in
West Bengal.
Section 7 - Publication of names of members
The name of
every member elected or nominated under sub-section (l) of Section 4 or Section
5 shall be published by the State Government in the Official Gazette.
Section 8 - Leave of absence to members
The Council
may permit any member to absent himself from meetings of the Council for any
period not exceeding six months.
Section 9 - Cessation of membership
(1)
A member of
the Council shall be deemed to have vacated his seat?
(a)
on his
absence without excuse sufficient in the opinion of the Council from three
consecutive meetings of the Council, of
(b)
on his
absence out of India for any period exceeding six consecutive months, or
(c)
on his
becoming disqualified for election or nomination as a member for any of the
reasons mentioned in Section 6, or
(d)
on his name
being removed under clause (a) of Section 25 from the register of registered
practitioners, or
(e)
on his
qualifying degree or diploma or certificate being revoked by the body which
granted him such degree, diploma or certificate.
(2)
On the
occurrence of any vacancy referred to in sub-section (1), the President shall
forthwith report the fact of such vacancy to the State Government.
Section 10 - Filling of casual vacancies
(1)
When the
office of a member of the Council becomes vacant by his resignation or death or
under sub-section (1) of Section 4 of sub-section (1) of Section 9?
(a)
if such
member was nominated under clause (a) of sub-section (1) of Section 4, a new
member shall be nominated by the State Government within two months of the
vacancy ;
(b)
if such
member was elected under clause (b), clause (c) or clause (g) of sub-section
(1) of Section 4, a new member shall be elected within two months of the
vacancy in the manner provided in such clause ;
(c)
if such
member was elected under clause (h) of sub-section (1) of Section 4, the
candidate who secured at the election the maximum number of votes among
candidates excepting all members, who were elected under that clause, shall, if
not disqualified under Section 6, be deemed to have been elected in the place
of such member;
Provided
that--
(i) ???where there are several
candidates who secured such maximum number of votes, such one of them, as may
be elected by lot in accordance with rule made in this behalf under Section 33,
shall be deemed to have been elected ;
[2] [(ii) * * * *]
(iii) ??if the candidate, who is elected
or would otherwise have been deemed to have been elected under this clause, is
dead or refuses to serve as a member of the Council, the candidate who secure
the next highest number of votes shall be declared elected in the vacancy
caused by such death or refusal.
Explanation.--A candidate elected under this clause shall be deemed to
have vacated his seat if he refuses in writing to serve as a member of this
Council.
(2)
The term of
office of a member, nominated or elected or deemed to have been elected, under
sub-section (1), shall commence on such date as may be notified in this behalf
by the State Government in the Official Gazette and shall continue for so long
as the member whose place he fills would have been entitled to hold office if
the vacancy had not occurred.
(3)
No act of
the Council or of any Committee of the Council or of their members shall be
deemed to be invalid by reason only that the number of members in the Council
at the time of the performance of such act was less than the number provided by
section 4.
Section 11 - Term of office of members
(1)
The term of
office of a member of the Council nominated or elected under Section 4 or
nominated under Section 5 shall commence on such date as may be notified in
this behalf by the State Government in the Official Gazette.
(2)
Subject to
the provisions of Section 9 and Section 10, the term of office of members shall
be five years plus such period as may elapse between the period of five years
aforementioned and the date notified in the notification under subsection (1)
next following such period of five years.
(3)
Any member
shall, if not disqualified for the any of reasons mentioned in Section 6, be
eligible for re-election or re-nomination at the end of his term of office.
Section 11A - President
(1)
The members
of the Council shall, at their first meeting after the notification referred to
in sub-section (1) of Section 11, recommend in such manner as may be prescribed
by rule made in this behalf under Section 33, the names of three persons for
the purpose of this sub-section; and the State Government shall nominate one of
such persons to be the President of the Council.
(2)
The
President, if he is not already a member of the Council, shall be a member of
the Council in addition to the members referred to in Section 4.
(3)
The State
Government shall published the name of the President in the Official Gazette
and his term of office shall commence from the date of such publication.
(4)
The
President shall hold office for a period of five years, or until his successor
is nominated, whichever is longer,
(5)
The
President?
(a)
may at any
time by writing under his hand addressed to the State Government resign his
office,
(b)
shall be
deemed to vacate his office in all cases where a member is deemed to vacate his
office under sub-section (1) of Section 9.
(6)
As often as
the office of the President becomes vacant by his death or under sub-section
(5), the Council shall at a special meeting to be called for the purpose within
one month of the vacancy, recommend in such manner as may be prescribed by rule
made in this behalf under Section 33, the names of three persons for the
purpose of this Sub-Sections; and the State Government shall nominate another
President from such persons.
(7)
As President
nominated to fill a vacancy, shall hold office for so long as the President
whose place he fills would have been entitled to hold office if the vacancy had
not occurred.
(8)
The
President shall perform such functions as may be prescribed by rule made in
this behalf under Section 33.
(9)
Notwithstanding
anything contained in the foregoing sub-sections, for a period of five years
from the 15th day of January, 1955 and for such additional period as may expire
until the nomination of a President under sub-section (1), the State Government
shall appoint, as often as may be necessary, such person, as it thinks fit, to
be the President. The provisions of sub-section (2), (3), (4), (5) (7) and (8)
shall apply to such President.
Section 11B - Vice President
(1)
The members
of the Council shall at their first meeting after the notification referred to
in sub-section (1) of Section 11, elect among themselves a Vice-President in
such manner as may be prescribed by rule made in this behalf under Section 33.
(2)
A Vice
President?
(a)
may at any
time by writing under his hand addressed to the State Government resign his
office,
(b)
shall be
deemed to vacate his office if he ceases to be a member of the Council.
(3)
As often as
the office of the Vice-President becomes vacant by his death or under
sub-section (2), the Council shall elect another member to be the
Vice-President, in the manner prescribed by rule made in this behalf under
Section 33.
(4)
The
Vice-President shall perform such functions as may be prescribed by rule made
in this behalf under Section 33.
Section 11C - Executive Committee
(1)
The members
of the Council shall continued among themselves the Executive Committee to
perform such functions as may be delegated to it by the Council.
(2)
The
Executive Committee shall consist of the President and the Vice-President,
ex-officio, and five other members elected by the Council.
(3)
The
President and the Vice-President of the Council shall be the President and the
Vice-President, respectively, of the Executive Committee.
(4)
The term of
office of an elected member of the Executive Committee shall be two years from
the date of his election but, subject to his being a member of the Council, he
shall be eligible for re-election to the Executive Committee.
(5)
No business
shall be transacted at any meeting of the Executive Committee unless a quorum
of three members be present.
(6)
The Council
may make regulations under sub-section (3) of Section 33 for the conduct of
business of the Executive Committee.
Section 12 - Meetings
(1)
The Council
shall make regulations to regulate?
(a)
the times
and places at which their meetings shall be held,
(b)
the issue of
notices convening such meetings,
(c)
the conduct
of business thereat, and
(d)
the
appointment, powers and duties and procedure of special committees including
special committees appointed under sub-section (2) of Section 19 :
Provided
that--
(i)
no business
shall be transacted at any meeting of the Council unless a quorum of seven
members be present; and
(ii)
save as
provided in Section 17 and Section 25, all questions arising at any meeting of
the Council shall be decided by the votes of the majority of the members
present and voting, or, in case of an equality of votes, by the casting vote of
the President, or, in his absence, of the member presiding at the meeting.
(2)
Untill such
time as the regulations referred to in sub-section (1) have come into operation,
it shall be lawful for the President to summon a meeting at such time and place
as to him shall seem expedient, by letter addressed to each member.
Section 13 - Payment of fees and travelling expenses to members
There shall
be paid to the members of the Council such fees for attendance at meetings of
the Council or of special committees or of the Executive Committee, and such
reasonable travelling expenses for such attendance and for journeys undertaken
in the discharge of their duties under this Act, as may from time to time be
allowed by the Council and approved by the State Government.
Section 14 - Registrar and establishment for the Council
(1)
With the
previous sanction of the State Government the Council?
(a)
shall
appoint a Registrar,
(b)
may grant
leave to such Registrar and appoint a person to act in his place, and
(c)
shall pay to
the Registrar and to the person (if any) appointed to act in his place such
salary and such allowances (if any) as the Council may determine.
(2)
The Council
may appoint such other officers and such clerks and servants as they may
consider necessary for the purposes of this Act, and shall pay them such salary
and such allowances (if any) as the Council may determine.
(3)
The
Registrar shall act as Secretary to the Council.
(4)
Every person
appointed under sub-section (1) and sub-section (2) shall be deemed to be a
public servant within the meaning of Section 21 of the Indian Penal Code.
Section 15 - Orders by Council for maintenance of register of registered practitioners
(1)
The Council
shall, as soon as conveniently may be after the commencement of this Act and
from time to time as occasion may require, made orders for regulating the
maintenance of a register of registered practitioners.
(2)
The said
register shall be kept in such form as may be prescribed by rule made under
Section 33.
Section 16 - Maintenance of register by Registrar
(1)
The
Registrar shall, keep the register of registered practitioners in accordance
with the provisions of this Act and of any orders made by the Council, and
shall from time to time make all necessary alterations in the registered
addresses or appointments, and the registered qualifications, of such
practitioners and erase the names of any practitioners who have died.
(2)
To enable the
Registrar of fulfil the duties imposed upon him by sub-section (1), he may send
through the post a letter to any registered practitioner, addressed to him
according to his registered address or appointment, to inquire whether he has
ceased to practise or whether his residence or appointment has been changed ;
and if no answer to any such letter is received within a period of six months
from its despatch, the Registrar may erase the name of such registered
practitioner from the register.
Provided that any name erased under this sub-section may be re-entered
in the register under the direction of the Council.
Section 17 - Persons possessing any of the qualifications referred to in the schedule entitled to be registered
Every person
who possesses any of the qualifications referred to in the schedule shall,
subject to the provisions hereinafter contained, and on payment of such fee as
may be prescribed in this behalf by regulation made under Section 33, be
entitled to have his name entered in the register of registered practitioners.
Provided
that the Council may refuse to permit the registration of the name of any
person--
(a)
who has been
sentenced by any Court for any non-bailable offence, such sentence not having
been subsequently reversed or quashed, and such person's disqualification on
account of such sentence not having been removed by an order which the State
Government is hereby empowered to make, if it thinks fit, in this behalf ; or
(b)
whom the
Council, after due inquiry (at which an opportunity has been given to him to be
heard in his defence and to appear either in person or by counsel, vakil,
pleader or attorney, and which may, in the discretion of the President, be held
in camera, have found guilty, by a majority of two thirds of the members present
and voting at the meeting, of infamous conduct in any professional respect.
Section 18 - Amendment of the schedule
If the
Council are satisfied--
(a)
that any
qualification certified by any University, Medical Corporation, examining body
or other Institution within India is a sufficient guarantee that persons
possessing such qualification possess the knowledge and skill requisite for the
efficient practice of medicine, or
(b)
that any
qualification referred to in Article 2 of the schedule is not a sufficient
guarantee as aforesaid, they may make a report to that effect to the State Government, which
may, if it thinks fit, thereupon direct, by notification in the Official
Gazette,--
(i)
in case
(a)--that the possession of such qualification shall, subject to the provisions
hereinafter contained and on payment of such fee as may be prescribed in this
behalf by regulation made under Section 33, entitle any person to have his name
entered in the register of registered practitioners, or
(ii)
in case
(b)--that the possession of such qualification shall not entitle any person to
have his name entered in the said register;
and the schedule shall thereupon be deemed to be altered accordingly.
Section 19 - Power to Council to call for certain information from authorities of any examining body included or wishing to be included in the schedule
(1)
the Council
shall have power to call on the authorities of any examining body included in
or desirous of being included in the schedule?
(a)
to furnish
such reports, return or other information as the Council may require to enable
them to judge of the standard of the examinations held by such body and of the
efficiency of the instruction given in the Medical Colleges or Schools or
Institutions where candidates for the examination by such body are trained ;
and
(b)
to provide
facilities to enable any member of the Council (deputed by the Council in this
behalf) to be present at the examinations to be held by such examining body.
(2)
The Council
shall have power to inspect any Medical College or School or Institution where
candidates for examination by such examining body are trained and may for this
purpose appoint a Special Committee of not less than three or more than five
member of the Council to inspect any such Medical College or School or
Institution and submit a report in regard thereto to the Council.
Section 20 - Information to be furnished to Registrar with application for registration
Every person
who applies to have his name entered in the register of registered
practitioners--
(a) ??must satisfy the Registrar
that he is possessed of some qualification referred to in the schedule as
altered by notifications (if any) issued under Section 18 ; and
[3]* * * * *
(c) ??must correctly inform the
Registrar of the dates on which he obtained the qualification which entitle him
to claim registration under this Act.
Section 21 - Entry of new qualifications in the register
(1)
If any
person whose name is entered in the register of registered practitioners
obtains any medical qualification other than the qualification in respect of
which he has been registered, he shall on payment of such fee as may be
prescribed by regulation made in this behalf under Section 33,--
(i)
if such qualification
be a qualification included in the schedule,--be entitled to have such
qualification entered against his name in the register either in substitution
for or in addition to any entry previously made;
(ii)
if such
qualification be a qualification not included in the schedule,--be entitled to
have such qualification entered against his name in the register as an
additional qualification, provided such qualification is included in the list
prepared under sub-section (2).
(2)
The Council
shall from time to time prepare a list of qualifications (not being
qualifications included in the schedule) which may be approved by them for the
purpose of this section.
Section 22 - Disposal of fees
All fees
received by the Council under this Act shall be applied for the purposes of
this Act, in accordance with such rules as may be made by the State Government
under section 33.
Section 23 - Appeal to Council from decision of Registrar
If any
person is dissatisfied with any decision of the Registrar, refusing to enter
the name or qualification of such person in the register of registered
practitioners, he may, at any time within three months from the date of such
decision, appeal to the Council, whose decision shall be final.
Section 24 - Erasure of fraudulent and incorrect entries
Any entry in
the register of registered practitioners which is proved to the satisfaction of
the Council to have been fraudulently or incorrectly made, may be erased under
an order in writing of the Council.
Section 25 - Power of Council to direct removal of names from register, and reentry of names therein
The Council
may direct--
(a)
that the
name of any registered practitioner?
(i)
who has been
sentenced by any Court for any non-bailable offence, such sentence not having
been subsequently reversed or quashed, and such person's disqualification on
account of such sentence not having been removed by an order which the State
Government is hereby empowered to make, if it thinks fit, in this behalf; or
(ii)
whom the
Council, after due enquiry in the same manner as provided in clause (b) of
Section 17 have found guilty, by a majority of two-thirds of the members
present and voting at the meeting, of infamous conduct in any professional
respect, be removed from the register of registered practitioner's or that the
practitioner be warned, and
(b)
that any
name so removed by afterwards re-entered in the register.
Section 25A - Effect of removal of name from register
(1)
A registered
practitioner whose name has been removed from the register under clause (a) of
Section 25 shall forthwith surrender his certificate of registration to the
Registrar, and the name so removed shall be published in the Official Gazette.
(2)
If the name
of a registered practitioner removed under clause (a) of Section 25 is
afterwards re-entered in the register as provided in clause (b) of that Section
the fact of such re-entry shall be published in the Official Gazette and the
certificate of registration shall be returned to the registered practitioner by
whom it was surrendered.
Section 26 - Appeal to State Government from decision of Council
(1)
An appeal
shall lie to the State Government from every decision of the Council under
Section 17 or Section 25.
(2)
Every appeal
under sub-section (1) shall be preferred within three months from the date of
such decision.
Section 27 - Bar to suits and other legal proceedings
No suit or
other legal proceeding shall lie in respect of any act done in the exercise of
any power conferred by this Act on the State Government or the Council or any
Committee of the Council or the Registrar.
Section 28 - Notice of deaths, and erasure of names from register
(1)
Every
Registrar of Deaths who received notice of the death of any person whose name
he knows to be entered in the register of registered practitioners shall
forthwith transmit by post to the Registrar of the Council a certificate of
such death, signed by him and stating particulars of the time and place of
death.
(2)
On receipt
of?
(a)
any such
certificate, or
(b)
any other
reliable information regarding such death, the Registrar of the Council shall
erase the name of the deceased person from the register.
Section 29 - Penalty on unregistered person representing that he is registered
If any person
whose name is not entered in the register of registered practitioners falsely
pretends that it is so entered, or uses in connection with the name or title
any words or letters or number representing that his name is so entered, he
shall, whether any person is actually deceived by such representation or not,
be punishable, on conviction by a Presidency Magistrate or a Magistrate of the
first class, with imprisonment which may extend to six months or with fine
which may extend to five hundred rupees.
Section 29A - Penalty for failure to surrender certificate of registration
(1)
If any
registered practitioner whose name has been removed from the register under
clause (a) of Section 25 fails without sufficient cause forthwith to surrender
his certificate of registration, he shall be punishable with fine which may
extend to fifty rupees.
(2)
Cognizance
of an offence punishable under this section shall not be taken except upon
complaint made by an order of the Council.
Section 30 - Construction of references in Acts to medical practitioners
The
expression "legally qualified medical practitioner," or "duly
qualified medical practitioner", and all other expressions importing a
person recognised by law as a medical practitioner or a member of the medical
profession, as used in any Central, Provincial or State Act in force in West
Bengal shall be deemed to mean a medical practitioner registered under this
Act; and no certificate required to be given by any medical practitioner or
medical officer under any Central, Provincial or State Act in force in West
Bengal shall be valid unless such practitioner or officer is registered under
this Act.
Section 31 - Unregistered persons not to hold certain appointments
(1)
No person
other than a registered practitioner shall be competent to hold appointment as
a physician, surgeon, obstetrician or other medical officer in any hospital
(including a lying-in-hospital) asylum, infirmary, dispensary or other similar
institution, which is supported entirely or partially by funds supplied by the
State Government or by a local authority.
(2)
Any
appointment made in contravention of sub-section (1) shall be void and illegal.
Section 32 - Publication and use of Medical List
(1)
The
Registrar shall, after the expiry of every period of three years, on or before
a date to be fixed in this behalf by the Council, cause to be printed and
published a correct list of the names for the time being entered in the
register of registered practitioners, and setting forth?
(a)
all names
entered in the register, arranged in alphabetical order according to the
surnames,
(b)
the
registered address or appointment of each person whose name is entered in the
register, and
(c)
the
qualifications of each such person represented by the addreviations therefor
and the year in which each such qualification was obtained.
(1A) The Registrar shall on expiry of every year (other than) the year
in which a list is printed and published under sub-section (1), on or before a
date to be fixed in this behalf by the Council, cause to be printed and
published a list supplementary thereto, containing additions and alterations in
the register of registered practitioners, since the publication of the list
under sub-section(1).
(2)
Every Court
shall presume that any person whose name is entered in the latest list printed
and published under sub-section (1) read with the latest list supplementary
thereto, if any, printed and published under sub-section (1a) is duly
registered under this Act, and that any person whose name is not so entered is
not registered under this Act:
Provided that, in the case of any person whose name does not appear in
the latest list printed and published under sub-section (1) read with the
latest list supplementary thereto, if any, printed and published under
sub-section (1A) a certified copy, signed by the Registrar, of the entry of the
name of such person in the register of registered practitioners shall be
evidence that such person is registered under this Act.
Section 33 - Rules and regulations
(1)
The State
Government may from time to time make rules to carry out the purposes of this
Act.
(2)
In
particular, and without prejudice to the generality of the foregoing power, the
State Government may make rules?
(a)
to regulate
elections under clauses (b), (c), (d) and (e) of sub-section (1) of Section 4;
(a1) the period to be prescribed under-sub-section (2) of
Section 4;
(a2) the manner of selection by lot referred to in proviso (i) to
clause (c) of sub-section (1) of section 10 ;
(a3) the manner of recommending names under sub-section (1) and
subsection (6) of Section 11A, the election of the Vice-President referred to
in sub-section (1) of Section 11B, the manner of filling vacancies referred to
in sub-section (3) of that section and the functions to be performed by the
President and the Vice-President;
(b)
to prescribe
the form of the register of registered practitioners to be maintained under
this Act;
(c)
to regulate
the application of fees under Section 22 ; and
(d)
to regulate
the procedure to be followed by the Council in?
(i)
conducting
any inquiry referred to in proviso (b) to Section 17, or clause (a) of Section
25 ; and
(ii)
disposing of
appeals from the decision of the Registrar referred under Section 23.
(3)
In addition
to the power conferred by sub-section (6) of Section 11C, Section 12 and
sub-section (1) of Section 21 the Council may, with the previous sanction of
the State Government make regulations?
(a)
to
prescribed the fees chargeable in respect of any registration under this Act;
and
(b)
to regulate
the keeping of accounts of such fees.
(4)
All such
rules and regulations shall be published in the Official Gazette.
Section 34 - Repealed
Rep. by
paragraph (1) of Article 3 of, and the Schedule to, the Indian Independence
(Adaptation of Bengal and Punjab Acts) Order, 1948.
Schedule 1 - Qualifications entitling to registration under this Act
1.
Qualifications
specified in the First or the Second Schedule to the Indian Medical Act, 1933.
2.
Qualifications
specified in the undermentioned list:--
Name of the body or authority granting the qualification |
Description of the qualification |
Abbreviation of the qualification for registration |
1. The
Governing Body of the State Medical Faculty of Bengal prior to 15th August,
1947 |
1. Member
of the State Medical Faculty, Bengal. |
M. M. F.
(Bengal) |
2.
licentiate of the State Medical Faculty, Bengal. |
L. M. F.
(Bengal) |
|
2. The
Governing Body of the State Medical Faculty of West Bengal. |
1. Member
of the State Medical Faculty, West Bengal. |
M. M. F.
(W. B.) |
2.
Licentiate of the State Medical Faculty, West Bengal. |
L. M. F.
(W. B.) |
|
3.
Licentiate in Medicine & Surgery (National) under article 6-A or 6-B of
the Statutes of the State Medical Faculty, West Bengal. |
L. M. S.
(Nat.) (W. B.) |
|
4.
Certificate of qualification by the State Medical Faculty under article 6-C
of the Statutes of the State Medical Faculty, West Bengal. |
Certificate
under article 6-(C) (W. B.) |
|
5.
Certificate of qualification by the State Medical Faculty under article 6-D
or 6-E of the Statutes of the State Medical Faculty, West Bengal. |
Certificate
under article 6-D of 6-E (W. B.) |
|
3. Bihar
and Orissa Medical Examination Board. |
Licensed
Medical Practitioner |
L. M. P.
(B. and O.) |
4. Bihar
Medical Examination Board. |
Licensed
Medical Practitioner. |
L. M. P.
(Bihar) |
5. Orissa
Medical Examination Board. |
Licensed
Medical Practitioner. |
L. M. P.
(Orissa) |
6. State
Board of Medical Examination, United provinces. |
Licensed
Medical Practitioner. |
L. M. P.
(U. P.) |
7. United
Provinces (Uttar Pradesh) State Medical Faculty. |
1. Member
of the State Medical Faculty U. P. |
M. S. M.
F. (U. P.) |
2.
Licentiate of the State Medical Faculty, U. P. |
L. S. M.
F. (U. P.) |
|
8. Medical
Examination Board, Central Provinces (Madhya Pradesh) |
Licensed
Medical Practitioner. |
L. M. P.
(C. P. or M. P.) |
9. Board
Examiners, Medical College, Madras. |
1.
Licensed Medical Practitioner. |
L. M. P.
(Madras) |
2. Diploma
in Medicine and Surgery. |
D. M.
& S. (Madras) |
|
10.
College of Physicians, and Surgeons, Bombay. |
1. Members
of the College of Physicians and Surgeons, Bombay. |
M. C. P.
S. (Bom.) |
2.
Licentiate of the College of Physicians and Surgeons, Bombay. |
L. C. P.
S. (Bom.) |
|
11. Assam
Medical Examination Board. |
Licensed
Medical Practitioner. |
L. M. P.
(Assam) |
12. Mysore
University |
Licensed
Medical Practitioner. |
L. M. P.
(Mysore) |
13. Punjab
State Medical Faculty (Prior to 15th August, 1947) |
(1) Member
of the State Medical Faculty, Punjab. |
M. S. M.
F. (Punjab) |
(2)
Licentiate of the State Medical Faculty, Punjab. |
L. S. M.
F. (Punjab) |
|
14. Andhra
University |
Licentiate
in Medicine and Surgery, Andhra University. |
L. M. S.
(Andhra) |
15.
Osmania Medical College (prior to 1932) |
Licentiate
in Medicine and Surgery, Osmania Medical College |
L. M.
& S. (Osmania) |
16. Burma
Medical Examination Board. |
Licensed
Medical Practitioner. |
L. M. P.
(Burma) |
17.
Rangoon University |
Licentiate
in Medicine and Surgery, Rangoon University. |
L. M. S.
(Rangoon) |
18.
Governing Body of the State Medical Faculty of East Bengal. |
Licentiate
of the State Medical Faculty of East Bengal obtained prior to July, 1950. |
L. M. F.
(E. B.) |
3.
Qualifications
granted prior to 1916 by the State Government to a person trained in a
Government Medical College or School in India or Burma, declaring him to be
qualified to practise Medicine, Surgery and Midwifery, or to perform the duties
of a Military Assistant
Surgeon, Hospital Assistant or Sub-Assistant Surgeon. Abbreviations for
registration--L.M.P., M.A.S., H.A., C.H.A., S.A.S., or V.L.M.S., or diploma or
certificate of the institution.