Assam Medical Act, 1916

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Assam Medical Act, 1916
Total Sections
Enforcement Year 1916
State or Central State
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ASSN: 4704

CONTENTS

CHAPTER 1 :- PRELIMINARY

1. Short title, extent and commencement

2. Definitions

CHAPTER 2 :-

THE ASSAM COUNCIL OF MEDICAL REGISTRATION

3. Establishment of the Assam Council of Medical Registration

4. Constitution of the Council

5. Nomination of members in default of election

6. Disqualification for being elected or nominated a member

7. Publication of names of members

8. Leave of absence to members

9. Cessation of membership

10. Filling of vacancies

11. Term of office of members

12. Meetings

13. Payment of fees and travelling expenses to members

14. Registrar and establishment for the Council

CHAPTER 3 :- THE REGISTER OF REGISTERED PRACTITIONERS

15. Orders by the Council for maintenance of register of registered practitioners

16. Maintenance of register by Registrar

17. Persons referred to in Schedule entitled to be registered

18. Amendment of Schedule

19. Power to Council to call for certain information from authorities of Medical College or School included or wishing to be included in Schedule

2 0 . Information to be furnished to Registrar with application for registration

21. Entry of new titles and qualifications in registers

22. Disposal of fees

23. Appeal to Council from decision of Registrar

24. Erasure of fraudulent and incorrect entries

25. Power to Council to direct removal of names from register and re-entry of names therein

26. Appeal to Provincial Government from decision of Council

27. Bar to suits and other legal proceedings

28. Notice of deaths, and erasure of names from register

2 9 . Pe n a lt y on unregistered person representing that he is registered

30. Construction of reference in Acts to medical practitioners

31. Unregistered person not to hold certain appointments

CHAPTER 4 :- ANNUAL MEDICAL LIST

32. Publication and use of annual medical list

33. Rules and regulations

SCHEDULE 1 :- THE SCHEDULE Assam Medical Act, 1916

01 of 1916

[24 May 1916]

PREAMBLE

An Act to provide for the Registration of MediCal Practitioners in Assam Whereas it is expedient to provide for registration of medical practitioners in Assam; And whereas the sanction of the Governor General has been obtained, under section 5 of the Indian Councils Act, 1892 (55 and 56 Vict., c. 14), to the passing of this Act;

It is hereby enacted as follows:--

1. For Statement of Objects and Reasons see Assam Gazette 1915, Pt. V, P. 15; for Report of Select Committee see ibid 1916, Pt. VI. p. 34; for proceedings in Council see Assam Gazette 1915, Pt. VI, pp. 163, 164, Assam Gazette 1916, pt. VI, pp. 34 and 35. CHAPTER 1 PRELIMINARY

1. Short title, extent and commencement :- (1) This Act may be called the Assam Medical Act, 1916. (2) It extends to the whole of Assam including the Khasi and Jaintia Hills district. (3) It shall come into force on the day on which it is published in t h e 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 Local Government by notification in the gazette.

2. Definitions :- In this Act, unless there is anything repugnant in the subject or context,-- (a) "The Medical Acts" means the Medical Act, 1858, and the Acts amending the same; (b) "The Council " means the Council established under section 3; (c) " Registered practitioner " means any person registered under the provisions of this Act; (d) " Medical corporation" means any body, other than a University, for the time being competent to grant a diploma or diplomas conferring on the holder thereof, if he has passed a qualifying examination, the right of registration under the provisions of this Act; and (e) "Medical diploma" means a diploma granted by a University or a medical corporation in respect of medicine, surgery and midwifery or any of these subjects or any branch of medicine or surgery. CHAPTER 2 THE ASSAM COUNCIL OF MEDICAL REGISTRATION

3. Establishment of the Assam Council of Medical Registration :- A Council shall be established and called "the Assam Council of Medical Registration"; 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.

4. Constitution of the Council :- The said Council shall consist of thirteen members namely:-- (a) A President to be nominated by the [Provincial Government]1 (b) Six members to be nominated by the [Provincial Government]1. (c) Two members to be elected by registered practitioners who are qualified to be registered under the Medical Acts and are resident in Assam; (d) Two members to be elected by registered practitioners who are graduates or licentiates in medicine or surgery of the University of Calcutta and are resident in Assam; and (e) Two members to be elected by all other registered practitioners who are resident in Assam. 1. Substituted by the A.O. for " Local Government".

5. Nomination of members in default of election :- If any of the electoral bodies referred to in clauses (c) to (e) 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 [Provincial Government]1 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. 1. Substituted by the A.O. for " Local Government".

6. Disqualification for being elected or nominated a member

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(1) 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 persons disqualification on account of such sentence not having been removed by an order which the [Provincial Government]1 is hereby empowered to make, if it thinks fit, in this behalf; or (e) is an undischarged insolvent: Provided that, in the case of first elections held and first nominations made under this Act, the persons electing the members referred to in clause (c), clause (d) and clause (e) of section 4 and the members elected and nominated under that section shall be persons who are qualified to be registered under this Act. 1. Substituted by the A.O. for " Local Government".

7. Publication of names of members :- The name of every member elected or nominated under section 4 or section 5 shall be published by the [Provincial Government]1 in the [official gazette]2. 1. Substituted by the A.O. for "Local Government". 2. Substituted by the A.O. for Gazette".

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.

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, or (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. (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 [Provincial Government]1 1. Substituted by the A.O. for "Local Government".

10. Filling of vacancies :- If any member dies, or resigns his membership, or ceases to be a member as provided in section 9, sub-section (1), the vacancy shall be filled, within one month, by a fresh election or nomination, as the case may be, under section 4.

11. Term of office of members :- (1) The term of office of the first members elected or nominated under section 4 or section 5 shall commence on such day as may be appointed by the [Provincial Government.]1 (2) Subject to the provisions of section 9, sub-section (1), the term of office of members shall be three years. But when a member is elected or nominated in a seat vacated under section 9, sub-section (1), or vacant under section 10, the term of office of such member shall be the unexpired term of the office of the member in whose place he is nominated or elected. (3) Any member shall, if not disqualified for any of the reasons mentioned in section 6, be eligible for re-election or re-nominatior at the end of his term of office. 1. Substituted by the A.O. for "Local Government".

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, and (c) the conduct of business thereat: Provided that:-- (i) no business shall be transacted at any meeting unless a quorum of four members be present; and (ii) save as provided in section 17 and section 25 all questions arising at any meeting 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) Until 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 such member.

13. Payment of fees and travelling expenses to members :- T h e members of the Council shall be entitled to such fees for attendance at meetings of the Council, and such reasonable travelling expenses, as may from time to time be allowed by the Council and approved by the [Provincial Government]1. 1. Substituted by the A.O. for "Local Government."

14. Registrar and establishment for the Council :- (1) With the previous sanction of the [Provincial Government]1 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 subsection (2) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (XLV of 1860). 1. Substituted by the A.O. for "Local Government." CHAPTER 3 THE REGISTER OF REGISTERED PRACTITIONERS

15. Orders by the 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, make 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.

16. Maintenance of register by Registrar :- (1) The Registrar shall keep the register of registered practitioners i n 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 or titles of such practitioners, and erase the names of any practitioners who have died. (2) To enable the Registrar to fulfill 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 enquire whether he has ceased to practice 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 reentered in the register under the direction of the Council.

17. Persons referred to in Schedule entitled to be registered :- E very person 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 persons disqualification on account of such sentence not having been removed by an order which the [Provincial Government]1 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 cither 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. 1. Substituted by the A.O. for "Local Government."

18. Amendment of Schedule :- If the [Provincial Government]1 on the report of the Council or otherwise is satisfied-- (a) that any medical diploma or title granted or qualification certified by any University, Medical Corporation, examining body or other institution is a sufficient guarantee that persons possessing such medical diploma, title or qualification possess the knowledge and skill requisite for the efficient practice of medicine, surgery and midwifery, or (b) that any medical diploma, title or qualification referred to in Article 3 of the Schedule is not a sufficient guarantee as aforesaid; it may direct by notification, (i) in case (a)--that the possession of such medical diploma, title or 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 medical diploma, title or 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. 1. Substituted by the A.O. for "Local Government."

19. Power to Council to call for certain information from authorities of Medical College or School included or wishing to be included in Schedule :- The Council shall have power to call on the governing body or authorities of any Medical College or School included in or desirous of being included in the Schedule-- (a) to furnish such reports, returns or other information as the Council may require to enable them to judge of the efficiency of the instruction given therein in medicine, surgery and midwifery; and (b) to provide facilities to enable any member of the Council (deputed by the Council in this behalf) to be present at examinations to be held by such college or school.

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 title, medical diploma or qualification referred to in the Schedule, as altered by notifications (if any) issued under section 18; and (b) if he is registered under the Medical Acts ,-- (i) must correctly inform the Registrar of the date of such registration, and (ii) must furnish the Registrar with a correct statement of the medical diplomas, titles or qualifications in respect of which he is so registered, and of the dates on which he obtained them, or (c) if he is not registered under the Medical Acts--must correctly inform the Registrar of the dates on which he obtained the titles, medical diplomas or qualifications which entitle him to claim registration under this Act, and, if he is qualified to be registered under the Medical Acts, of the reasons why he is not so registered.

21. Entry of new titles and qualifications in registers :- I f any person whose name is entered in the register of registered practitioners obtains any title, medical diploma or qualification other than the title, medical diploma or qualification in respect of which he has been registered, he shall, on payment of such fee as may be prescribed in this behalf by regulation made under section 33, be entitled to have an entry stating Power to Council to call for certain information from authorities of Medical College or School included or wishing to be included in Schedule such other title, medical diploma or qualification made against his name in the register, either in substitution for, or in addition to, any entry previously made.

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 [Provincial Government]1 under section 33. 1. Substituted by the A.O. for "Local Government."

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 any title, diploma 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.

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.

25. Power to Council to direct removal of names from register and re-entry 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 persons disqualification on account of such sentence, not having been removed by an order which the [Provincial Government]1 is hereby empowered to make, if it thinks fit, in this behalf, or (ii) whom the Council, after due inquiry 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 practitioners, and (b) that any name so removed be afterwards re-entered in the register. 1. Substituted by the A.O. for "Local Government."

26. Appeal to Provincial Government from decision of Council :- (1) An appeal shall lie to the [Provincial Government]1 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. 1. Substituted by the A.O. for "Local Government."

27. Bar to suits and other legal proceedings :- No suit or other legal proceeding shall lie in respect of any action done in the exercise of any power conferred by this Act on the [Provincial Government]1 or the Council or the Registrar. 1. Substituted by the A.O. for "Local Government."

28. Notice of deaths, and erasure of names from register :- (1) Every Registrar of Deaths who receives 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-- (i) any such certificate, or (ii) any other reliable information regarding such death, the Registrar of the Council shall erase the name of the deceased person from the register.

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 his name or title any words or letters 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 Magistrate of the first class, with fine which may extend to three hundred rupees.

30. Construction of reference in Acts to medical practitioners :- T h e 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 Act in force in Assam, shall be deemed to mean a medical practitioner registered under the medical Acts or this Act; and no certificate required to be given by any medical practitioner or medical officer under any Act in force i n Assam shall be valid unless such practitioner or officer is registered under the Medical Acts or this Act.

31. Unregistered person not to hold certain appointments :- Except with the special sanction of the [Provincial Government]1 no person other than a registered practitioner shall be competent to hold any appointment as medical officer of health, or as physician, surgeon or other medical officer in any hospital, asylum, infirmary, dispensary or lying-in-hospital which is supported partially or entirely by public or local funds. 1. Substituted by the A.O. for "Local Government."

CHAPTER 4 ANNUAL MEDICAL LIST

32. Publication and use of annual medical list :- (1) The Registrar shall, in every year 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 registered titles and qualifications of each such person and the date on which each such title was granted or each such qualification was certified. ( 2 ) Every court shall presume that any person whose name is entered in the latest of such lists 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 such list, 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.

33. Rules and regulations :- (1) The [Provincial Government]1 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 [Provincial Government]1 may make rules-- (a) to regulate elections under clauses (c) to (e) of section 4; (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 enquiry 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 preferred under section 23. (3) In addition to the power conferred by section 12, the Council may, with the previous sanction of the [Provincial Government]1 , make regulations-- (a) to prescribe 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]2 [* * * *]3 1. Substituted by the A.O. for "L.G." 2. Substituted by the A.O. for "Gazette." 3. Omitted by A.O. 1950

SCHEDULE 1

THE SCHEDULE THE SCHEDULE

Persons who are entitled to have their names entered in the register of registered practitioners. (See SECTIONS 17, 18, 19 AND 20) 1. Every person who is for the time being registered or qualified to be registered under the Medical Acts. 2. Every Doctor, Bachelor or Licentiate of Medicine, or Master of Obstetrics or Master, Bachelor or Licentiate of Surgery, of Universities established by 2[Central Acts, Provincial Acts or State Acts] 3. Every person who has been trained in a Government Medical College or School in India 2[Pakistan] [or Burma]1 or in a Medical School in India 2[Pakistan] [or Burma]1 not maintained, but recognised by Government, for the purposes of this Schedule, by notification and holds a medical diploma or certificate, granted by the Government [concerned]1, or granted by a Medical School not maintained by [any]1 Government, but recognized as aforesaid, declaring him to be qualified-- (a) to practice medicine, surgery and midwifery, or (b) to perform the duties of a Military Assistant Surgeon, Hospital Assistant or Sub- Assistant Surgeon. 1. Inserted by the A.O. 2. Ins. by A.O. 1950