Delhi act 005 of 1997 : The Delhi Medical Council Act, 1997

THE DELHI MEDICAL

COUNCIL

ACT,

l997 (Delhi ^ActNo.5

of

1997)

-

[11th

February,

1997]' An Act to

provide

for

the constitution

of

the Delhi Medical

Council,

and the maintenance

ofa register of Medical Practitioners who are

engaged

in the

practice of modern

scient1jic system of

medicine

and all its branches in the National

Capital Territory of

Delhi ^and

for

matters connected therewith Be it enacted

by

the

Legislative Assembly

of the National

Capital Territory ^ofDelhi^inthe

Forty-eighth year ^ofthe

Republic ^ofIndia^as follows:—

CHAPTER I

PRELIMINARY

1.

Short

title,

extent and

commencement—(1)

This Act may be called the Delhi Medical Council

Act,

1997.

(2) ^It

extends^tothewhole^oftheNational

Capital Territory ^ofDelhi

(3) ^Thissection shall^comeintoforce^atonce,^andthe

remaining provisions ^{of thisAct}shall^comeintoforce^{onsuchdateasthe}Government may, by

notification^intheOfficial

Gazette,

appoint.

2.

Definitions—In this

Act,

unless the context otherwise

requires—

(1)

"appointed day"

means^thedateonwhich^the

provisions ^ofthisAct other than Section ¹

shall come into force under sub—section

(3)

of Section

1;

(2)

"casual

vacancy"

means ^a

"acancy occurring

otherwise^than

by

efflux to

time

in

any

office filled

by

election or

nomination;

(3)

"Council" means^theDelhi Medical Council constituted under^this Act:

(4)

"Delhi" means ^the

National

Capital Territory ^of

Delhi;

(5)

"Executive Committee" means^theExecutive Committee^ofthe Council

constituted under

Section

11;

(6)

"Government" means^theGovernment^ofNational

Capital

Territory of

Delhi;

(7)

"Medical

practitioner" ^or

"practitioner"

means^a

person ^whois

engaged in

the

practice

of modern scientific

system

of medicine and all its branches and has

qualifications

as

prescribed

in the

First,

Second or Third Schedule to the Indian Medical Council

Act,

1956

(102

of

1956);

(8)

"Medicine" means^themodern

scientific system ^ofmedicine^and includes surgery and obstetrics but does not include

veterinary

medicine ^or veterinary surgery ^orthe

Homoeopathic ^orthe

Ayurveda ^ortheSiddha ^orthe Unani

system

of medicine and the

expression

"medical" shall be construed accordingly;

(9)

"member" means^amember^ofthe

Council;

(10)

"Prescribed" means

prescribed by

rules^made

under^{this Act;}

(11)

"President" means^thePresident^ofthe

Council;

1 Published in the Delhi

Gazette,

Extra. Pt.

IV,

dated 22-8—1997.

(1)

2 THE DELH) MEDlCAL

COUNCIL

ACT,

1997

(12)

"Vice»President" means^theVice-President^ofthe

Council;

(13)

"register"

means^the

register ^of

medical

practitioners prepared ^or deemed to be

prepared

and maintained under this

Act;

(14)

"registered

practitioner"

means ^a

medical

practitioner having registerable qualification ^as

prescribed ^intheIndian Medical Council ^Act,

1956

(102

of

1956)

whose name

is,

for the time

being,

entered ⁱⁿ

the

register, but does not include a

person whose name is

provisionally

entered in the register;

(15) ^"Reistmr"^or

"Deputy Registrar"

means^the

Registrar ^orthe

Deputy Registrar, ^astecase

may^be,

appointed

under Section^{14ofthis Act;}

(16)

"rules" means rules^madeunder Section^{31ofthis Act;}

(17)

"section" means^asection^ofthisAct.

CHAPTER II

ESTABLISHMENT OF COUNCIL

3.

Constitution,

functions and powers of the Council.—Constitution and

incorporation

of

the Council—

(1) ^With

effect^{formsuchdateasthe}Government

may, by

notification in the Official Gazette

notify,

there shall be constituted for the purposes of this Act a Council to be called "the Delhi Medical Council"

(2) ^TheCouncil shall^bea

body corporate, having perpetual

succession and a common

seal,

with power

to

acquire,

hold and

dispose

of re

erty, whether movable or

immovable,

and to contract and to do a

ings necessary ^forthepurposes of^this

Act, ^and

may by ^thenameaforesaid^sueor be sued.

(3) ^TheCouncil shall consist^ofthe

following

members,

namely:—

(a) ^fourmembers

having registerable qualification ^as

prescribed ⁱⁿ the Indian Medical Council

Act,

1956

(102

of

1956)

to be nominated

by

the

Government;

(b) ^onemember^fromeachmedical

college

established

by ^lawin Delhi

having

a medical

faculty,

elected

by

members of the medical faculty ^{of that}

college ^from

amongst ^its

permanent

members ^of teaching faculty;

(c) ^nine

members^tobeelected

by

registered practitioners ^from amongst

themselves

including ^onemember elected

by ^the

Delhi Medical Association:

Provided that no

registered practitioner

shall be entitled to

vote or stand as a candidate foe

election,

unless:

(I) ^heisacitizen^of

India; ^and

(ii) ^heeither resides^or

carries ^{on his}

profession ^oris

employed ⁱⁿ Delhi;

(:1) ^DeanoftheMedical

Faculty ^ofthe

University ^ofDelhi^as

ex-oflicio member; ^and

(6)

Director^ofHealth

Services^oftheGovernment^as

ex—officio member.

(4) ^ThePresident^and

Vice—President shall^beelected

by ^themembers from

amongst

themselves.

THE DELHI

MEDICAL COUNCIL

ACT.

WW

3

(5) ^Theelection^ofthe

members, ^andofthePresident^and Vice-President,

shall^{beheld at such}

time, ^andatsuch

place, ^{and in such} manner, ^as

may

be

prescribed. '

(6) ^Ifat

any election, ^theelectors^failtoelect ^the

requisite

number^of members, ^ofthePresident^orthe

Vice-President, ^theGovernment shall '

nominate members from

amongst persons qualified

to be

elected as members of '

the

respective category,

as it deems fit to fill in the

vacancy

or

vacancies;

and the '

persons ^sonominated

shall^bedeemed^tohavebeenelected^forthe

period ^till such time the vacancies are filled in on

regular

basis under this section.

(7)

Where any dispute

arises

regarding any election^ofamember^{or of} the President or

Vice-President,

it shall be referred to the

Government,

and the decision of the Government shall be final.

(8)

Notwithstanding anything

contained ⁱⁿ

sub-section

(3)—

(n) ⁱⁿ

respect ^oftheconstitution^ofthe

Council ^{for the}first^time under

this

Act,

the members thereof shall be nominated

by

the Government from amon st

persons qualified

to be elected or nominated as members 0 the

respective category;

and

(b) ^the

members^sonominated shall^holdoffice^forsuch

period ^not exceeding

three years ^{in the}

aggregate ^astheGovernment

may, by

notification ^{in the}Officer

Gazette,

specify 4.. Term of

office.-—(1)

The

Government, shall,

by

notification in the Official

Gazette,

publish

the names of the members.

(2) ^Saveasotherwise

provided by ^{this Act, a}

member,

shall ^holdoffice for a term of five years form the date of

publication

of the notification under sub-section

(1):

Provided that where a

person

is elected b members of medical

faculty of a medical

college,

or is an

eX-officio

member,

e shall cease to hold office as a member

if

he ceases to

belong

to that

faculty

or,

as the case

may be,

ceases to hold such

office,

before the

expiry

of his termi

(3) ^Saveas

otherwise

provided by ^{this Act, the}President^orthe Vice-President shall hold office from the date of his election

upto

the

day

on which his term of office as member

expires.

(4) ^Thetermofoffice^ofan

outgoing

member

shall,

notwithstanding anything

containedⁱⁿ

subsection ^{(2) be}deemed^toextend^andto

expire ^with the

day immediately

preceding

the

day

on which the names of the successor members are

published

under sub-section

(1).

(5) ^Thetermofoffice^ofan

outgoing

President^or

VicePresident

shall, notwithstanding anything

contained ⁱⁿ

sub-section ^{(3), be}deemed^toextend and to

expire

with the

day immediately preceding

the

day

on which the successor President or

Vice-President,

as the case

may be,

is elected.

(6) ^An

outgoing

member,

President^or

Vice-President,

shall^be

eligible for re-election or re-nomination for one more consecutive term

only.

(7)

Leave^ofabsence

may ^be

granted by ^theCouncil^to

any member^for a

period

not

exceeding

six months.

5. Casual

vacancies—(1)

A casual in the

office

of the President or the VicePresident ^ora

member elected under Clause

(17)

of sub-section

(3)

of Section 3 or Clause

(c)

of said sub-

section,

shall be filled

by

election:

A

THE DELHI MEDICAL COUNCIL

ACT.

1997

Provided that

any

such

vacancy

in the office of an elected member occurring

within^sixmonths

prior ^tothedateonwhich^thetermofoffice^of all the members

expires,

shall not be filled.

(2) ^Acasual

vacancy ^intheoffice^ofamember nominated under Clause ((1) ^ofsub-section

(3) ^of

Section ^3or

sub-section

(8) ^{of that}section shall ^be reported

forthwith

by ^the

Registrar ^tothe

Government, ^and

shall, ^assoonas possible

thereafter, ^befilled

by ^theGovernment

by

nomination,

(3)

Any person elected under sub-section

(1) ^ornominated

under sub-section

(2)

to^filla casual

vacancy shall,

notwithstanding

anything contained ⁱⁿsub-section

(8) ^ofSection^3or

Section

4, ^holdoffice

only ^so

long as the

person

in whose

place

he

may

be elected or

nominated,

as the case

may be,

would^haveheld

office, ^ifthevacancy^hadnotoccurred.

6.

Resignation—(1)

The President or the Vice-President may

at

any time

resign

his office

by

a notice in

writing

addressed to the Council and delivered to the

Registrar.

The

registration

shall take effect from the date on which it is

accepted by

the Council or on the

expiry

of

sixty days

from the date of the

delivery

of the

notice,

whichever event occurs earlier.

(2) ^Anelected member

may, ^at

any time,

resign ^hisoffice

by ^anoticeⁱⁿ writing

addressed ^tothe

President. ^Anominated member

may ^at

any ^time resign ^hisoffice

by ^anoticeⁱⁿ

writing

addressed ^totheGovernment^and delivered to the

Registrar. Every

such

resignation

shall take effect from the date on which it is

accepted by

the President or,

as the case

may be,

the Government or on the

expiry

of

sixty days

from the date of the

receipt

of the notice,

whichever event occurs earlier.

7.

Disqualification

and

disability.—(1)

A

person shall be

disqualified for

being

elected or nominated as, and for

continuing

as, ^a

member—

(a) ^ifheisan

undischarged

insolvent:^or

(b) ^ifheisofunsound^mindand

stands ^sodeclared

by ^a

competent court; ^or

I,

(r) ^{if hisnamehas}

been

removed^fromthe

register ^{andhashotbeen} re-entered

therein;

or

(d) ^{if heisa}whole—time officer^orservant^ofthe

Council; ^or

(e) ^{if hehasbeen}convicted^foranoffence

involving

moral

turpitude,

(2) ^If

any

member absents himself^fromthree consecutive

meetings ^ofthe Council,

without leave^oftheCouncil

granted

under sub—section

(7) ^ofSection ⁴ or without such reasons as

may,

in

the

opinion

of the

Council,

be

sufficient,

the Council may declare his seat vacant and take

steps

to fill the

vacancy.

(3) ^If

any'

member

becomes, ^orisfound^{to be,}

subject ^to

any^ofthe disqualifications

mentioned ⁱⁿ

sub-section ^{(1), the}Council shall submit^a report ^tothe

Government, ^andthe

Government, ^ifsatisfied about^the disqualifications,

shall declare^hisseatvacant.

8.

Meetings

of

Counci1.—(1)

The

meetings

of the Council shall be convened, ^heldandconducted^insuchmanner^as

may ^be

prescribed. ^-

(2) ^The

President, ^when

present,

shall

preside ^at

every meeting ^ofthe Council. ^Ifat

any meeting

the President is

absent,

the

Vice-President, ^andin the absence or

both,

some other member elected

by

the members

present

from amongst themselves,

shall

preside ^atsuch

meeting.

THE DELI-ll

MEDICAL COUNCIL

ACT,

1997 5

(3)

Allissues^ata

meeting ^oftheCouncil shall^bedecided

by ^a

majority of members

present

and

voting

(4) ^The

presiding

authority ^ata

meeting

shall^haveandexercise^a second or

casting

vote, ⁱⁿcase of an

equality

of votes.

(5)

Eight

members

(including ^thePresident^and

Vicel'resident)

shall from a

quorum. When a

quorum

is

required

but not

present,

the

presiding authority

shall,

after

waiting ^{fornotlessthan}

thirty

minutes^{for such}quorum, adjourn ^the

meeting ^{tosuchhourorsome}future

day ^asit

may notify ^onthe notify

board^attheoffice^tothe

Council; ^andthebusiness which would^have been

brought

before the

original meeting

had there been a

quorum thereat, shall ^be

brought

before^the

adjourned meeting, ^andmay^be

disposed ^ofat such

meeting

or

any subsequent adjournment

thereof,

whether there be a quorum present, ^ornot.

9.

Proceedings

of

meetings

and

validity

of

acts.—(1)

The

proceedings of every meeting

of the

Council,

shall be treated as

confidential;

and no person, shall,

without the

previous

resolution of the

Council,

disclose any portion

thereof:

Provided that

nothing

in this section shall be deemed to

prohibit any person from

disclosing ^or

publishing ^thetextof any

resolution

adopted by the

Council,

unless ^the

Council directs ^suchresolution also^tobe treated^as confidential.

(2) ^No

disqualification ^ordefect ^{in the}election^or

nomination ^ofany person ^{as a}

member, ^orasthe

President ^orasthe

Vice-President, ^orasa presiding authority ^ofa

meeting

shall

by

itself^bedeemed^tovitiate

any ^actor proceedings ^oftheCouncil ⁱⁿ

which^suchperson^hastaken

part, ^{if the} majority ^ofpersons ^whoare

parties ^tosuchactor

proceedings, ^wereentitled to vote

(3)

During any vacancy ^inthe

Coundl, ^the

continuing

members may act, ^asifno

vacancy had occurred.

(4) Any ^actdone

by ^theCouncil shall^notbe

questioned ^onthe

ground merely ^oftheexistence^ofanyvacancy ^{inor any}defect ^intheconstitution^of the Council.

10.

Powers,

duties and functions of the

CounciL—Subject

to such conditions as

may be

prescribed by ^or

under the

provisions ^ofthis

Act, ^the powers,

duties^andfunctions^oftheCouncil shall ^be—

(n) ^tomaintain^thelive

register ^andto

provide ^forthe

registration ^of medical

practitioners;

(b) ^tohearanddecide

appeals against any decision^ofthe

Registrar;

(0) ^to

prescribe ^acodeofethics^for

regulating ^the

professional conduct of

practitioners;

(d) ^to

reprimand ^a

practitioner, ^orto

suspend ^orremove^hisname from the

register,

or to take such other

disciplinary

action

against him as

may,

in

the

opinion

of

the

Council

be

necessary

or expedient;

(e) ^toexercise^suchother powers, perform ^suchother duties ^and discharge ^suchother

functions, ^{as arelaiddowninthis Act, oras} may be

prescribed; ^.

6 THE DELHI MEDICAL COUNCIL

ACT.

1997

(f) ^toreceive

complaints ^from

public (including patients ^andtheir relatives)

against

misconduct^or

negligence by ^amedical practitioner, ^to

proceed ^for

inquest, ^takeadecision^anthemerits of the case and to initiate

disciplinary

action or award compensation ^and

similarly ^totakeaction

against

frivolous complaints,"

(3) ^to

provide protection ^toitsmembers ⁱⁿ

discharging professional duties;

(h) ^toensure^thatno

unqualified person practices

modern scientific system ^ofmedicine,

11. Executive

Committee.—(1)

The Council

shall,

as soon as

may be, constitute an Executive Committee

consisting

of the President ^as

ex—ofi'icio member and such other number of other

members,

elected

by ^theCouncil from

amongst

its

members,

as

may be

prescribed.

.

(2) ^Thetermof

office ^{of, andthe}manner^of

filing

casual vacancies among, ^andthe

procedure ^tobefollowed

by, ^themembers^oftheExecutive Committee shall be such as

may ^be

prescribed.

(3) ^Inaddition^tothe

powers,

duties^andfunctions

conferred,

imposed and entrusted

by ^this

Act, ^theExecutive Committee shall exercise such powers, perform ^such

duties, ^and

discharge ^suchfunctions^oftheCouncil^as may ^be

delegated ^toit

by

rules^orentrusted^{toitfromtimeto}

time,

by ^the Council.

(4) ^ThePresident shall^bethe

ex-ofliria

Chairman^oftheExecutive Committee.

12. Fee and allowances to members of the Council and of the Executive Committee—There shall be

paid

to the

President,

the Vice-President and other members of the

Council,

and to the members of its Executive

Committee,

such fees and allowances for attendance at

meetings, and such reasonable

travelling

allowance,

as shall from time to time be prescribed.

'

13. Income and

expenditure

of the

Council.—(1)

The income of the Council shall consist ofw (a)

registration ^feesreceived^fromthe

practitioners;

(b) grants

received^{from the}

Government, ^if

any; ^and

(c) any other^sumsraised

by ^the

Council.

(2) ^Itshall^be

competent ^forthe

Council^toincur

expenditure ^forthe following purposes, namely:—

(1)

salaries^andallowances^ofthe

Registrar ^andthestaff maintained by ^the

Council;

(ii) ^feesandallowances

paid ^tothemembers^oftheCouncil^andof the Executive

committee; (iii)

remuneration

paid ^totheassessors;^and

(iv) ^suchother expenses ^asare

necessary^for

performing ^theduties and

discharging

the functions under this Act. '

14.

Appointment

of

Registrar

and/or

Deputy Registrar

of the

Council, their duties and

functions—(1)

The Council

shall,

which ^the

previous sanction of the

Government,

appoint ^a

Registrar

and/^ora

Deputy Registrar.

THE DELHI MEDICAL COUNCIL

ACT.

1937 7

He shall be a

qualified

medical

graduate

as

prescribed

in

Schedules

I,

II

and In

of the Indian Medical Council

Act,

1956

(102

of

1956). 2

(2) ^The

Executive Committee may,^fromtimeto

time,

grant

leave^tothe Registrar: ^. Provided that if the

period

of leave does not exceed one

month,

the

leave may be

granted by ^thePresident.

(3)

During ^the

temporary vacancy ^{in the}office^ofthe

Registrar ^dueto leave or

any other reasons, the

Deputy

Registrar,

shall act as

Registra.

In case oi

non-availability

of

Registrar

and

Deputy Registrar

the Executive Committee may,

with the

previous

sanction of

the

Government,

appoint another person

to actⁱⁿ

his

place,

and any person

so

appointed

shall for the period ^ofsuch

appointment, ^bedeemed^{tobe the}

Registrar ^forthe

purposes of this Act:

Provided

that,

when the

period

of such

vacancy

does not exceed one month, ^the

appointment may^{be made}

by ^the

President, ^whoshall forthwith report ^such

appointment ^totheExecutive Committee^andtheGovernment

(4) ^TheCouncil may,^withthe

previous

sanction^ofthe

Government, suspend,

dismiss^orremove

any person appointed ^asthe

Registrar, ^or

impose any other

penalty upon ^himinthemanner^as

may be

prescribed

(5) ^Saveasotherwise

provided by ^{this Act, the}

salary ^andallowances and other conditions of service of the

Registrar

shall be such as

may be prescribed.

(6) ^The

Registrar

shall ^bethe

Secretary ^andthe

Executive Officer^ofthe Council. He shall attend all

meetings

of the

Council,

and of its Executive Committee, ^andshall

keep

minutes^ofthe

meetings ^andnames^ofmembers present ^andofthe

proceedings ^ofsuch

meetings.

(7) ^Theaccounts^oftheCouncil shall^be

kept by ^the

Registrar, ^inthe prescribed

manner.

(8) ^The

Registrar

shall^havesuch

supervisory powers ^overthestaff^as may be

prescribed,

and may perform

such other duties ^and

discharge

such other

functions

as

may be

specified ⁱⁿ

this

Act,

or as

may be

prescribed.

(9) ^The

Registrar

shall^bedeemed^tobea

public

servant within^the meaning ^ofSection^21oftheIndian Penal^{Code (45 of}

1860)

CHAPTER ^III

PREPARATION AND MAINTENANCE OF REGISTER

15.

Preparation

of

Register.—(1)

As soon as

may be after the appointed day, ^the

Registrar

shall prepare^andmaintain thereafter ^a

register of medical

practitioners

for

Delhi, ⁱⁿ

accordance with the

provisions ^ofthis Act.

(2) ^The

register

shall^{be in such}

form, ^andmay ^bedivided^intosuch parts, ^as

may^be

prescribed. ^The

register

shall include^thefullname, address and

qualifications

with the name of

college

and

university

of the

registered practitioner, ^thedateonwhich^each

qualification ^wa

obtained, ^andsuchother particulars ^as

may ^be

prescribed.

(3) Any person^whopossesses any^ofthe

qualifications ^inthe

First, Second or Third Schedule to the Indian Medical Council

Act,

1956

(102 ^of

1956)

shall

subject ^to

any condition^laiddown

by ^orunder^theIndian

Medical

B THE DELHI MEDlCAL COUNCIL

ACT,

1997

Council

Act, 1956,

at

any

time on an

application

made in the

prescribed

form to the

Registrar

and on

payment

of a

prescribed

fee and on

presentation

of proof ^ofhis

registerable qualification, ^beentitled^{tohave his name}enteredⁱⁿ the

register.

(4) (:1)

Every person,

whose^namewas

entered ^onadate

prior ^tolst May, ¹⁹⁶¹ⁱⁿIndian Medical Council

Register ^andcontinued ^{in such}

register on the

day

immediately preceding

the

appointed

day,

shall be entitled to have his name continued in the

register prepared

under this Act. (b)

Within^a

period ^ofthree months^fromthe

appointed

days ^orsuch further

period

as the Government

may allow,

the

Registrar

shall

publish

a general

notice ^{in the}Official Gazette^andinsuchnewspapers, ^astheCouncil may select, ^{in suchformas}

may^be

prescribed, calling^uponevery person ^to whom Clause

((1)

applies,

to

pay

to the

Registrar

in the

prescribed

manner the prescribed ^feeifhe

desires^{tohave hisname on the}

register

under ^{this Act,} and shall also send individual notice for a like

purpose by registered post

to every ^suchperson ^athislastknown address^insuchformas

may ^be prescribed. ^Thenameofevery ^such

person ^who

pays ^suchfeebefore^the expiry ^{of the}

period ^oftwomonths^{fromthedateof}

publication ^ofthe

general notice in the Official Gazette shall be enlisted on the

register.

(5)

After^{thelastdatefor}

payment ^ofthe

prescribed ^feeunder Clause

(17) ^ofsub-section

(4) ^has

expired ^andthe

register prepared ⁱⁿaccordance^with foregoing provisions ^is

ready, ^the

Registrar,

shall

publish

notice^inthe Official Gazette and such

newspapers

as the Council may select,

about the register

having prepared, ^andthe

register

shall^comeintoforce ^{from thedate} of the

publication

of such notice in the Official Gazette.

(6)

Any person servicing ^or

practising

modern scientific

system ^of medicine ⁱⁿ

Delhi shall be

registered

with the Council under this Act. Without registration ^withthe

Council any person though

qualified ⁱⁿ

modern scientific

system

of

medicine shall be liable for action as

specified by

the Council.

(7)

Every registered practitioner

shall ^be

given ^acertificate^of registration ^{in the}

prescribed

form.^The

registered practitioner

shall

display the certificate of

registration

in a

conspicuous part

in

the

place

of his

practice and ^if

he has more than one such

place

in

any

one of

them,

16.

Special procedure

for

registration

in certain

cases—(1)

No person who possesses ^amedical

qualification granted by any authority ⁱⁿ

any place

outside^the

territory ^ofIndia

(other ^thanthe

qualification specified ⁱⁿ the Second Schedule or the Third Schedule to the Indian Medical Council

Act,

1956),

shall^be

registered

under^this

Act,

unless^the

procedure specified ⁱⁿ sub-section

(2)

has been followed.

(2)

Any person,^whoholds^suchmedical

qualification may app] ^tothe Council for

registration

by giving

a correct

description

of his

quali

'cation, with his

decree,

diploma,

licence or certificate. The Council shall transmit the same to the Medical Council of India for

opinion

and

shall act

according

to the

opinion. '17. Persons who may

not be

registered.—Notwithstanding anything contained in Sections 15 and 16 no

person whose name has been removed whether before or after the

appointed day,

from

any register kept

under this Act or

any

other law for the time

being

in

force

in

India

regulating

the

THE DELHI MEDICAL (XJUNCIL

ACT,

1997 9

registration ^of

medical

practitioners ^onthe

ground ^of

professional

misconduct, shall be entitled to have

his

name

entered

in

the

register,

unless his name is

duly ordered to be

restored to the

register

from which it was so removed.

18. Fee for and certificate of

provisional

registration—{1) Any person ^who

desires ^to

be

registered provisionally

under Section²⁵of^the Indian

Medical Council

Act,

1956

(102

of

1956),

shall make an

ap

lication in the

prescribed

form to

the

Registrar

and shall

pay

the

prescribed

ee.

(2)

Every person

whose^nameisentered ^{in the}

register

under sub-section

(1)

shall be

given

a

certificate of

provisional registration

in the prescribed

form.^Suchcertificate shall remainⁱⁿforce^forsuch

period ^as

may be

specified

therein.

19. Maintenance of

register.—(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 thereunder

(2) (:1)

Every Registrar ^of

Deaths ^on

receiving

notice^ofthedeath^ofa medical

practitioner registered

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 of his office.

(b) ^Thenames^of

registered practitioners, ^whodieorwhose names^are directed to be removed from the

register

under

Section

22 shall be

removed therefrom.

(3)

Any person whose^nameisentered ^{in the}

register ^andwho subsequent ^tohis

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^tohavesuch

change ^{in hisname}recorded ^{in the} register.

(4)

Subject ^tothe

provisions ^of

Section^26oftheIndian Medical Council Act, ¹⁹⁵⁶

(102 ^of

1956), any person whose^nameisentered^inthe

register ^and who

subsequent

to his

registration

obtains

any additional

qualification specified ^{in anyofthe}Schedules^totheIndian Medical Council ^Act,1956, shall on an

application

made in this

behalf,

and on

payment

of the

prescribed fee, ^beentitled^tohavean

entry stating ^suchadditional

qualification ^made against ^{hisnamein the}

registeri

(5)

where^{it is}shown^tothe

satisfaction ^ofthe

Registrar ^thatacertificate of

registration

has been lost ^or

destroyed,

the

Registrar may, ^on

payment

of prescribed ^feeandon

furnishing ^an

indemnity ^bondissue^a

duplicate certificate after due confirmation and

approval

of the

Executive

Committee.

20. Publication of list of

registered practitioner.—(1)

At such

time, after the

publication

of the notice under sub-section

(5)

of Section 15 as the Council deems fit and thereafter every five years,

the

Registrar

shall cause to be

printed

and

published

a correct list of all

persons for the time

being entered ^inthe

register

but ^notlater^thanthree

months ^ofthestart^ofelection process.

(2) ^The

Registrar

shall

cause^tobe

printed ^and

published annually ^onor before a date to be decided

by

the Executive Committee an addendum and a corrigendum ^lothelist

published

under sub-section ⁽¹⁾

showing-

[0 THE DELHI MEDICAL COUNCIL

ACT,

1997

(n) ^thenames^ofallpersons^forthetime

being

entered^orre—entered in

the

register,

and not included

in

any subsisting

list

already printed ^and

published}

(b) ^thenames^ofall

practitioners

included ⁱⁿ

any subsisting

list, whose names have since been removed on account of

any

reason whatsoever

from,

and not re-entered

in,

the

register;

and

(c) any other amendments^tothe

subsisting

list.

(3) ^{Theformofthelist}

published

under sub-section

(1), ^the

particulars to be included

therein,

and the manner of its

publication,

shall be such as

may be

prescribed.

(4) ^A

copy^ofthelistreferred^toin

sub-section

(1)

shall^beconclusive evidence in all

Courts,

and in all

judicial

or

quasi-judicial proceedings,

that the

persons

therein

specified

are

registered according

to the

provisions

of this Act, ^andtheabsence^ofthenameofany person^fromsuchcopy shall ^be evidence,

until^the

contrary ^is

proved, ^thatsuchperson ^isnot

registered according ^tothe

provisions ^ofthisAct:

Provided that ⁱⁿ

the case of any person whose ^name

does not

appear ⁱⁿ such

copy,

a certified

copy

under the hand of the

Registrar

of the

entry

of the name of such person

on the

register

shall be evidence that such person

is registered

under^the

provisions ^ofthisAct.

2].

Disciplinary

action

including

removal of names from the register.—(1) ^TheCouncil shall^havea

Disciplinary

Committee

comprising of—

(i) ^aChairman^tobenominated

by ^the

Council; (if) ^aMember^of

Legislative Assembly ^oftheNational

Capital Territory ^of

Delhi,

nominated

by ^the

Speaker;

(iii) ^a

Legal Expert ^tobenominated

by ^the

Council;

(iv) ^aneminent

publicman

nominated

by ^the

Government; (1)) ^an

eminent medical

specialist ^{in the}relevant

speciality ^towhich the

complaint pertains,

to be nominated

by

the

Council;

and

(vi) ^a

member nominated

by

Medical Association^ofDelhi^with minimum ten

year standing.

(2) ^Ifa

registered practitioner ^has

been,

after^due

inguiry held

by

the Council or

by

the Executive Committee in the

prescribe

manner, found guilty ^ofany misconduct

by ^theCouncil^ortheExecutive

Committee, ^the Council may— (a)

issue a.letter^of

warning ^tosuch

practitioner; ^or (b)

direct^{thenameofsuch}

practitioner—

(x) ^tobe

removed^fromthe

register ^forsuch

period ^as

may^be specified ^{in the}aforesaid

direction; ^or

(ii) ^toberemoved^fromthe

register permanently. Eprnnatian.—For ^the

purpose ^ofthissection^a

registered practitioner shall be deemed to be

guilty

of misconduct if—

(n) ^heis"convicted

by ^acriminal court^foranoffence which involves moral

turpitude

and which is

cognizable

within the

meaning

of the Code of Criminal

Procedure,

1973

(2

of

1974),

or

THE DELHI MEDICAL COUNCiL

ACT.

1997 it

(b) ^{in the}

opinion ^oftheCouncil^hisconduct^isinfamous ⁱⁿ

relation to the medical

profession particularly,

under any Code of Ethics prescribed

by ^theCouncil^or

by ^the

Medical Council^ofIndia constituted under the Indian Medical Council

Act,

1956

(102

of 1956) ^{in this}behalf.

(3) ^TheCouncil

may, ^onsufficient cause

being

shown,

direct^on

any subsequent ^{datethatthenameofa}

practitioner

removed under^the sub-section

(1)

shall be re-entered in the

register

on such

conditions,

and on payment ^ofthe

prescribed ^{fee, asthe}Council

may ^deemfit.

(4) ^TheCouncil may, ^ofitsown

motion, ^{oron the}

application ^of

any person, after due and proper inquiry

and after

giving ^an

opportunity ^tothe person concerned of

being

heard,

cancel^oralter any entry ⁱⁿthe

register,

ifⁱⁿ the

opinion

of the

Council,

such

entry

was

fraudulently

or

incorrectly

made,

(5) ^In

holding any inquiry

under^this

section, ^theCouncil^orthe Executive

Committee,

as the case

may be,

shall have the same

powers

as are vested ⁱⁿ

civil Court under the Code of Civil

Procedure,

1908 when

trying

a suit, ⁱⁿ

respect ^ofthe

following

matters,

namely:— (n)

enforcing ^theattendance^of

any

person,^and

examining ^himon oath;

(b)

compelling ^the

production ^of

documents; (c)

issuing ^ofcommissions^fortheexamination^ofwitnesses

(6) ^Allthe

inquiries

under^thissection shall^be

deemed ^{to be}

judicial proceedings

within^the

meaning ^ofSections ^{193, 219and228of the}Indian Penal Code

(45 ^of

1860),

(7) (a) ^Forthe

purpose ^of

advising ^theCouncil^ortheExecutive Committee, ^asthecase

may be, ^on

any question ^oflaw

arising ⁱⁿ

any inquiry under this

section,

there

may

in all such

inquiries

be

an

assessor, who has been for not less than ten

years—

(i) ^anadvocate enrolled under^theAdvocates ^Act,1961, ^or

(ii) ^an

attorney ^ofa

High

Court. Explanation—For ^thepurpose^ofthis

sub-section, ⁱⁿ

computing ^the riod

during

which^a

person ^hasbeen

enrolled ^asan

Advocate,

there shall is

included

any period during

which^hewasenrolled^asan

Advocate under the Indian Bar Council

Act,

1926.

([1)

Where^anassessor advises^the

Council, ^orthe

Executive Committee, as the case

may be, ^on

any question

of law^asto

evidence,

procedure

or

any other matter, ^heshall^dosointhe

presence ^of

every party

or

person representing ^a

party ^tothe

inquiry ^whoappears thereat^oriftheadvice^is tendered

after^theCouncil^ortheExecutive Committee

has

begun

to deliberate as^tois

findings, every such

party ^or

person ^asaforesaid

shall be informed what advice the assessor has tendered.

Such

party

or

person

shall also be informed

if, ⁱⁿ

any

case,^theCouncil^orthe

Executive Committee does not

accept

the advice of the assessor ^on

any such

question

as aforesaid. (c)

Any

assessor under^thissection

may ^be

appointed

either

generally, or to

any particular inquiry,

and shall be

paid

the

prescribed

remuneration

22. Renewal of

registration—(l) Notwithstanding anything contained ⁱⁿ

l2 ^THE

DELH! MEDICAL COUNCIL

ACT, ¹⁹⁹⁷

the notice under sub-section

(5)

of Section

15,

as the Executive Committee may, ^withthe

previous

sanction of the

Government,

decide,

and every five years thereafter, ^the

Registrar

shall cause^twonoticesⁱⁿthe

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) ^all

registered practitioners ^tomakean

application ^tothe

Registrar ^{for the}continuance^of their names on the

register.

(2) ^The

Registrar

shall,

after^the

publication ^ofthefirst notice under sub-section

(1),

send a notice

by registered post enclosing

therewith ^the prescribed ^formof

application ^tothe

registered practitioners ^attheir addresses as entered in the

register, calling upon

them to return the application ^tothe

Registrar ^forcontinuance^oftheir

names^onthe

register within

forty-five days

of the date of ^thenotice. If any of^the

registered practitioners

fails^toreturn^such

applications

within^thetime

specified, ^the Registrar

shall issue ^a

further notice ^{to such}

registered practitioner by registered ^post

after^the

publication ^ofthesecond notice under sub-section ⁽¹⁾ enclosing

therewith^the

prescribed ^formof

application ^tothe

Registrar ^forthe continuation of his name on the

register

within

thirty days

of the date of the further notice

together ^withafeeas

may ^be

prescribed ^fromtimetotime.

(3) ^{If the}

application ^{innotmadeonor}before^{the date}

fixed

by

further notice sent

by registered post

under sub-section

(2),

the

Registrar

shall \rpmove ^thenameofthedefaulter^fromthe

register ^and

shall

inform^himof such removal

by registered post:

Provided that if an application

for continuance of the name so removed is made within a

period

six months from the date fixed

by

the said further notice

by

registered post

under sub-section

(2),

the name so removed may be reentered ^inthe

register ^on

payment ^ofa

prescribed ^fee.

23.

Appeals—(1) Any

person aggrieved

by any

decision of the Registrar

under^thisAct

may,

within^a

period ^ofonemonth^{fromthedateon} which

the decision

in

communicated

to

him,

appeal

to the Council which shall hear and determine the

appeal

in the

prescribed

mannerl

(2) ^Saveasotherwise

provided ^{in the}Indian Medical Council ^{Act, 1956} (102 ^of

1956) ^thedecision^oftheCouncil under^thisActshall^befinal.

24.

Rights

of

registered practitioners.—Notwithstanding anything contained in

any

law for the time

being

in force—

(i) ^the

expression

"legally qualified

medical

practitioner" ^or

"duly qualified

medical

practitioner" ^or

any^word

importing ^a

person recognised

by ^lawasamedical

practitioner ^ormember^ofthe medical

profession

shall ⁱⁿ

all Acts of the

Legislative Assembly

of Delhi and all the Central Acts

(in

their

application

to

Delhi) ⁱⁿso far as such Acts relate to

any

matter 'with

respect

to which

the Legislative Assembly ^haspowers ^tomake

laws,

under Clause ⁽³⁾ of

Article 230

AA

of the

Constitution,

include

a

practitioner

whose name

is entered

in

the

register

under this

Act; (it) '

every registered practitioner

shall be

exempt, ^if

he ^so

desires, ^from serving ^onan

inquest

25. General

provision application

to medical

practitioners—The provisions ^{of thisActarein}

addition^to,andnotin

derogation ^{of the}