1*[(1) A citizen of India possessing a medical qualification granted by a medical institution outside India included in Part II of the Third Schedule, who is required to undergo practical training as prescribed under sub-section (3) of Section 13, shall, on production of proper evidence that he has selected for such practical training in an approved institution, be entitled to be registered provisionally in a State Medical Register and shall be entitled to practice medicine in the approved institution for the purposes of such training and for no other purpose.
(2) A person who has passed the qualifying examination of any University or medical institution in India for the grant of a recognised medical qualification shall be entitled to be registered provisionally in a State Medical Register for the purpose of enabling him to be engaged in employment in a resident medical capacity in any approved institution, or in the Medical Service of the Armed Forces of the Union, and for no other purpose, on production of proper evidence that he has been selected for such employment.
(3) The names of all persons provisionally registered under sub- section (1) or sub-section (2) in a State Medical Register shall be entered therein separately from the names of other persons registered therein.
(4) A person registered provisionally as aforesaid who has completed practical training referred to in sub-section (1) or who has been engaged for the prescribed period in employment in a resident medical capacity in any approved institution or in the Medical Service of the Armed Forces of the Union, as the case may be, shall be entitled to registration in the State Medical Register under section 15.]
(1) If any person whose name is entered in the Indian Medical Register obtains any title, diploma or other qualification for proficiency in sanitary science, public health or medicine which is a recognised medical qualification, he shall, on application made in this behalf in the prescribed manner, be entitled to have an entry staling such other title, diploma or other qualification made against his name in the Indian Medical Register either in substitution for or in addition to any entry previously made.
(2) The entries in respect of any such person in a State Medical Register shall be altered in accordance with the alterations made in the Indian Medical Register.
Subject to the conditions and restrictions laid down in this Act regarding medical practice by persons possessing certain recognised medical qualifications, every person whose name is for the time being borne on the Indian Medical Register shall be entitled according to his qualifications to practice as a medical practitioner in any part of India and to recover in due course of law in respect of such practice any expenses, charges in respect of medicaments or other appliances, or any fees to which he may be entitled.
Every person registered in the Indian Medical Register shall notify any transfer of the place of his residence or practice to the Council and to the State Medical Council concerned, within thirty days of such transfer, failing which his right to participate in the election of members to the Council or a State Medical Council shall be liable to be forfeited by order of the Central Government either permanently or for such period as may be specified therein.
(1) The Council shall furnish such reports, copies of its minutes, abstracts of its accounts, and other information to the Central Government as that Government may require.
(2) The Central Government may publish in such manner as it may think fit, any report, copy, abstract or other information furnished to it under this section or under Sections 17 and 18.
(1) Whenever it is made to appear to the Central Government that the Council is not complying with any of the provisions of this Act, the Central Government may refer the particulars of the complaint to a Commission of inquiry consisting of three persons, two of whom shall be appointed by the Central Government, one being a Judge of a High Court, and one by the Council, and such Commission shall proceed to inquire in a summary manner and to report to the Central Government as to the truth of the matters charged in the complaint, and in case of any charge of default or of improper action being found by the Commission to have been established, the Commission shall recommend the remedies, if any, which are in its opinion necessary.
(2) The Central Government may require the Council to adopt the remedies so recommended within such time as, having regard to the report of the Commission, it may think fit, and if the Council fails to comply with any such requirement, the Central Government may amend the regulations of the Council, or make such provision or order or take such other steps as may seem necessary to give effect to the recommendations of the Commission.
(3) A Commission of Inquiry shall have power to administer oaths, to enforce the attendance of witnesses and the production of documents, and shall have all such other necessary powers for the purpose of any inquiry conducted by it as are exercised by a civil Court under the Code of Civil Procedure 1908.
No suit, prosecution or other legal proceeding shall lie against the Government, the Council or a State Medical Council or any Committee thereof, or any officer or servant of the Government or Councils aforesaid for anything which is in good faith .dope or intended to be done under this Act.
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) All rules made under this section shall be laid for not less than thirty days before both Houses of Parliament as soon as possible after they are made, and shall be subject to such modifications as Parliament may make during the session in which they are so laid or the session immediately following.
The Council may, with the previous sanction of the Central Government, make regulations generally to carry out the purposes of this Act, and without prejudice to the generality of this power, such regulations may provide for-
(a) The management of the property of the Council and the maintenance and audit of its accounts;
(b) The summoning and holding of meetings of the Council, the times and places where such meetings are to be held, the conduct of business there at and the number of members necessary to constitute a quorum;
(c) The resignation of members of the Council;
(d) The powers and duties of the President and Vice-President;
(e) The mode of appointment of the Executive Committee and other Committees, the summoning and holding of meetings, and the conduct of business of such Committees;
(f) The tenure of office, and the powers and duties of the Registrar and other officers and servants of the Council;
1*(fa) The form of the scheme, the particulars to be given in such scheme, the manner in which the scheme is to be preferred and the fee payable with the scheme under clause (b) of sub-section (2) of Section 10A;
(fb) Any other factors under clause (g) of sub-section (7) of Section 10A;
(fc) The criteria for identifying a student who has been granted a medical qualification referred to in the Explanation to sub-section (3) of Section 10B.]
(g) The particulars to be stated, and the proof of qualifications to be given in applications for registration under this Act;
(h) The fees to be paid on applications and appeals under this Act;
(i) The appointment, powers, duties and procedure of medical inspectors and visitors;2[***]
2*[(j)] The courses and period of study and of practical training to be undertaken, the subjects of examination and the standards of proficiency therein to be obtained, in Universities or medical institutions for grant of recognised medical qualifications;
(k) The standards of staff, equipment, accommodation, training and other facilities for medical education;
(l) The conduct of professional examinations, qualifications of examiners and the conditions of admission to such examinations;
(m) The standards of professional conduct and etiquette and code of ethics to be observed by medical practitioners; and]
3*["(ma) The modalities for conducting screening tests under sub- section (4A), and under the proviso to sub-section (4B), and for issuing eligibility certificate under sub-section (4B), of section 13;"]
4*[(n)] Any matter for which under this Act provision may be made by regulations.
As soon as the new Act [that is, the Indian Medical Council Act, 1956 is brought into force, the existing Council will cease to function as there is no provision for continuing the existing Council, and some time will necessary have to elapse before a new Council can be constituted under the 1956 Act. As it is desirable that there should be continuity in the existence of the Medical Council, it is proposed to provide for the continuance of the existing Council after the commencement of the new Act until the new Council is constituted.
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