1916 : Ph. Act IL] MEDICAL REGISTRATION
547
THE PUNJAB MEDICAL REGISTRATION ACT, 1916,
SECTIONS
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PUNJAB ACT 11 OF 1916,
CONTENTS.
Preamble. Short title and extent, - Commencement of Act, Definitions.
Privileges of registered practitioners, Constitution of Medical Council, Qualifications of members.
Tenure of office of members, Cessation of membership,
Filling up of vacancies.
Registrar and other officers. Medical register.
Meetings of Council.
Persons who may be registered. Entry of new titles and qualifications in register. Appeal against the decision of registrar. Alteration of register by Council.
Procedure in inquiries and appeals.
Appeal against the decision of Council. Limiting of jurisdiction of civil courts, Power of Central Government to alter schedule, Power of Council to call for information regarding efficiency of teaching and to attend examinations. Control by Central Government.
Penalty for falsely pretending to be a registered practitioner,
Power to make rules and bye-laws,
Repealed.
The SCHEDULE,
1
1916 : Pb. Act II.] MEDICAL REGISTRATION 549 'THE PUNJAB MEDICAL REGISTRATION ACT, 1916 Punuas Acr II or 1916.
[Received the assent of the Lieutenant-Governor of the Punjab on the 6th April, 1916, and that of the Governor-General on the 1T7th May, 1916, and was first "published in the Punjab Gazette of the 24th Feb- ruary, 1916.]
|
1|2 3 | 4
Year No. Short title ) Whe her repeal or otherwise alfected by legislation
. ' 1 The Punjab Medical | Amended by Punjab Acts, XII , Regisiraiion Act, 1916 | of 1926% and I of 19264 Amenied, Government of India
(Adaptaiion of Indian Laws)
Order, 1937
l Amended, The "Indian Inde-
| pendence (Adaotation of Bengal
and Punjab Acts) Order, 1948.
(G. G 0. 40 of 1943)
Amenled, Adaptation of Laws
Ord:r, 1950
Amendel by the Adaptation of
Law (1 hird Amendment) Order,
of 1951
Extended to the territories which
immediately before the 1st Novem-
ber, 1956 were comprised in
the State of Patiala and East
Punjab States Union by Punjab
Act 30 of 19555,
Amende] by Punjab Act 25 of 1964°
Amended by the punjab Re-organi-
sati*n (Chandigarh) (Adaptation
of Laws on State and Concurrent
subjects) Order 1963.
1For Statement of Objects and Reasons, see Punjab Gazette, 1915, Part V, page 184, for Select Committee's report, see ibid, Part V, 1916, pages 7—13, for Debates in Council, see ibid, 1915, Part V, pages 210—14, and ibid, 1916, peges 155—T76.
*See Punjab Gazette, 1916, Part V, pages 267—T70. 3For Statement of Objects and Reasons, see East Punjab Government Gazette, 1520, Part I, page 1002 end for Proceedings in Council see Pun- jab Legislative Council Debates, Volume IX, page 1590. This Act came nto force on the 22ni of November, 1926, see Punjab Gazette notifica- tion 'No, 38186-H.—Medical, dated 22nd December, 1926. iFor Statement of Objects and Reasons, see Punjab Gazette, 1928, Part I, page 2, and for Proceedings in Council, see Punjab Legislative Council Debates, Volume XI, pages 30-31,
SFor Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1958, page 1494.
SFor Statement of Objects and Reasons, see Punjab Government Gazette, (Extraordinary), 1964, pages 936—37.
2
. 550 MEDICAL REGISTRATION [19]_(5 (P} A "Ph. Ay, An Act for the Registration of Medica] Practigj, ' nerg Preamble. WHEREAS it is expedient to provide £ i L1S or th : . of certain medical practitioners in "Punjab ;ei:ejgslstratmn enacted as follows :— he"Eby Short Title. L. (1) This Act may be called the Punjah . Registration Act, 1916. 10 Medicy)
Sxtent. (2) It extends to *|Union territory of Chandiggyy,
Commence:. 2. The provisions of section 4 shall come into foree op such "date as the '[Central Government] may notify in gy behalf. The rest of this Act shall come into force at oneg. Definitions. 3. In this Act unless there is something repugnant in the subject or context—
(1) "The British Medical Acts" means Statutes 21 ang 22, Victoria, Chapter 90 (The Medical Act), and any Act amending the same ;
(2) "Council" means the Medical Council established by this Act ;
(3) "Prescribed" means prescribed by rule or bye. laws made under this Act ;
(4) "Registered practitioner" means any person re- gistered under the provisions of this Act. P '."':'flefi"i of re- 4. Notwithstanding anything to the contrary in any fitioners. - enactment, rule, bye-law or any other provision of law—
(1) no certificate required by any Act in force, or that may hereafter be passed, from a medical practitioner or officer shall be valid unless signed by a registered practi- tioner ;
k Vi.lbstitu-ted for the words "Fast Punjab" (which h;d been insert- ed for the words "the Punjab" by the Indien Independence (Adgpi"a'-l's:
of Bengal end Punju)b/z'cts)lts);lder, 1948), by the Adaptation of ird Amendment) Order, s .
(ml'-{Subs:ituled for the word "Punjab" by the Punjab Reorgarli'lseac'tl:)'{ (Chandigarh) (Adaptation of Laws on State and Concurrent Subj ' der, 1968. " Or e.v;x'lrhe provisions of section 4 came into force on the 1st Jaf}'a';'?g 1918,—vide Punjab Gazette (Home—Medical) notification No.
dated the 27th August, 1919, , ab
e4Substilutcd for the word "State Government" by th:n ;'ggn,
Reorganisation' (Chandigarh) (Adeptation of Laws on State
current Subjects) Order, 1968, . i i
3
1916 : Ph. Act II.] MEDICAL REGISTRATION 551
(2) except with the special sanction o o ! Government] no one other than a registerfizc{}';raL?ii?;rzzi' shall be competent to hold any appointment as physician surgeon or other medical officer in any hospital, asylum in-' f§rmary. dispensary or lying-in hospital not stlpported'en- tirely by voluntary contributions or as medical officer of health.
5. (1) A Medical Council shall be establishe Constitution _ of 2[Union Territory of Chandigarh], and shall r:onsis;('ci igfr R *Ifive] members including a president and a vice-president to be appointed in the following manner :—
(a) The president nominated by the *[Central Gov- ernment.]
(b) ® - * 4 - * * ™
(c) - - 5 Ed * - *
(d) °*[Two] members elected by the registered prac- titioners who are Graduates or Licentiates in Medicine of lany University in India]
(e) ®[Onel members elected by the registered practitioners who hold a diploma from a Central Government] declaring them to be a qualified to perform the duties of a Hospital Assistant or a Sub-Assistant Surgeon.
(f) One member elected by all other registered prac- titioners.
(2) The vice-president shall be elected from among the members of the Council in the prescribed manner 1Substituted for the words "State Government" b y ibid.
2Gubstituted for the word "Punjab" by jbid.
.
3Substituted for the word "eleven" by the Punj ab Reorganisation
(Chandirarh) (Adaptation of Laws on State and Co ncurrent Subjects)
Order, 1968.
iGlause (b) omited by ibid.
50Omitted by the Indian Independence (Adaptation of Bengal and
Punjab Acts) Order of 1948, (G.G.O. 40). 6Substituted for the word "three" by the Punje b Reorganisation
(Chandigarh) (Adaptation of Laws on State and C oncurrent Subjects)
Order, 1968.
.
7Substifuted for the words "the University of the Pu nijab" by the
Indien Independence (Adaptation of Bengal and Punjab Acts) Order of
1948 (G.G.O..40).
.
by the Punjab Reorganisation sSubstituted for, the word "Two"
(Chandigarh) (Adaptation of Laws on State and Conc urrent Subjects)
Order, 1068.
4
582 MEDICAL REGISTRATION [1016 : Ph, A o T p':\;'flc"l !'\Z'aifmx '5A- Nofwithstanding anything contninn«'l in - seetio, ction fempe- 5, on o after the 1st November, 1966 and until separat. rarily in the : itory Medical Council is established for the Union territory of 3"&%3&?&?" Chandigarh, the powers {o be exercised and the duties 4, be performed by the Council, by or under the Provisinng of
this Act or of any other law for the time being in forco,
shall, subject to the control of the Administrator of the
Union territory of Chandigarh, be exercised and performed by the Medical Council established for the State of Puniah, in respect of the medical practitioners in the Union territory of Chandigarh.] gg&mmim . 6. No person shall be eligible to be a member of the Council unless he is a registered practitioner :
Provided that in the case of first appointments m under this Act the persons electing the members under clauses * * * (d), (e) and (f) of sub-section (1) of sention 5 and the members - appointed shall be persons: who are qualified to be registered under clauses.(a) and ( b) of see- tion 13. ade
7. The members of the Council shall hold office for 5 of memnens "™ term of three years and shall be eligible for re-appointment.
. . 8. A member of the Council shall be deemed to have i *vacated his seat— (1Y on sending his resignation - in writing - to the President or registrar :
(2) on his absence without excuse sufficient in the opinion of the Conneil from three consecutive meetings of the Couneil §
(3) on his absence out of India for six consecutive months ;
(4) on removal of his name from-the register ;
(5) on his becoming insane or being declared an in- solvent by any competent- court ; Inserted by the Puniah Reorgznisation (Chandiearh) (Adaptation- of Laws an State and Concurrent Subiects) Order. 1988, 2The brackets and letter "(e)» omitted by the Tndian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. |
5
1916 : Pb. Act II.] MEDICAL REGISTRATION 553
(6) on expiry of the term mentioned in section 7.
9. When the seat of any member becomes vacant, the Filling up of - shall be filled up by election or nomination, as the ¥2<2neies be. in accordance with the provisions of section 5.
10. (1) The Council shall appoint a registrar who Registrar and
as treasure, unless the Council shall appoint another person as treasure. Every person so appointed shall be remove- able at the pleasure of the Council.
(2) The Council may also employ such other persons as it may deem necessary for the purposes of this Act.
(3) All persons appointed or employed under this sec- xLvof tion shall be deemed to be public servants within the mean- 1860. ing of section 21 of the Indian Penal Code.
11. It shall be the duty of the registrar to open and Medical rezis- maintain, in accordance with the provisions of this Act, a ter:
register, to be called the [Chandigarh Medical Register], and from time to time to revise the register and publish it in the prescribed manner. Such register shall be deemed to be, a public document within the meaning of the Indian of 1#72-Fyidence Act, 1872.
12. No business shall be transacted at a meeting of Meetines of the Council unless at least *[three] members are present. ' All guestions other than questions of order, which may come before the Council shall be decided in accordance with the votes of the majority of the members present and vot- ing at the meeting. In the case of an equality of votes the member presiding at the meeting shall have a casting vote. Questions of order shall be decided by the member presiding at the meeting.
Persons who 13. Every person who— may be register-
(a) is for the time being registered or qualified to be ed. registered under the British Medical Acts, or sSubstituted for the words "Punjeb Medical Register" by the Punjab Reorganisztion (Chandigarh) (Adaptation of Laws on State and Con- current Subjects Order, 1968.
2Substituted for the word "six" by ibid.
6
| MEDICAL REGISTRATION [1916 . Pb. A m n 'o
L.
(b) is possessed of any of the qualificationg e in the schedule, CeCtibeg may apply to the registrar to be registered and op of the prescribed fee and on furnishing to the Tegisty. proof of such registration or qualification shall be entitlar to be registered, and thereupon, but subject always tq n:d provisos hereinafter confained, the registrar shalj !'egistee him in the *[Chandigarh Medical Register]: 3 Paymeny
Provided that any person already registered under any Medical Registration Act in force in any other *[State] in India shall be exempt from the registration fee leviable under this clause ; .
Provided also, that the *[Central Government] may after consulting the Council permit the registration of (g any person who shall furnish to the registrar proof that he is possessed of a medical degree, diploma or certificate of any University, medical college or school approved by the Council, other than those described in the schedule, and (b) any person who was actually bractising medicine in '[Union territory of Chandigarh] [* *~ *6x .o & or the Delhi '[State]] before the 25th day of September, 1915:
Provided further, that the Council may refuse to per- mit the registration of any person who has been convicted of any such offence as implies in the opinion of the Council a defect of character or who, after an enquiry at which op- portunity has been given to the candidate to be heard in person or by pleader, has been held by the Council to have been guilty of infamous conduct in any professional respect : :
!Substituted for the words "Punjab Medical Register" by the Punjab Reorganisction (Chandigarh) (Adaptation of Laws on State and Con- current Subjects) Order, 1968, " *Substituted for the word "Provincial" by the Adaptation of . Lews Order, 1950,
b "Substituted for the words "State Government" by the Punjal Reorgonisztion (Chandigarh) (Adaptation of Laws on State and Con- current Subjects) Order, 1068. . ti 4Substituted for the word "Punjab" by the Punjab Reorganisa 't';')' (Chandigarh) (Adaptation of Laws on State and Concurrent Subjec Order, 1968, .
"Inserted by section 2 of Punjab Act I of 1928, . by the ®The words "or the North /West Frontier Province" omitted 2; India (Adaptztion of Existing Indian Laws) Order, 1947, para 4 (1).
7
I of
1872,
1916 : Pb. Act I1.] MEDICAL REGISTRATION 55 w ) Provided further, that the registrar on receiving an ap- plication for entry in the register from any person in respect of whom he considers that the Council may wish to exercise the power of refusal conferred by the last foregoing proviso may refer the said application to the Council, and shall not make any entry in the register in respect of such person until the Council informs him that the entry is permitted. 14, If any person whose name is entered in the regis- mntry of new ter obtains any title or qualification other than the title or titles and quali- qualification in respect of which he has been registered he ffioe™ "
shall on payment of the prescribed fee be entitled to have :
an entry stating such other title or qualification made
against his name in the register either in substitution for or in addition to any entry previously made.
15. An appeal shall lie to the Council against any order Appeal agatnst of the registrar under section 13 or section 14, The said the st']':';'_"'" e appeal shall be preferred within three months from the date B of the order appealed againist.
16. (1) The Council may, if it sees fit, and after giving Alteration of notice to the person concerned and inquiring into his objec- l(.:eogul;tcel'i by tions, if any, order that any entry in the register which shall ' be proved to the satisfaction of the Council to have been fraudulently or incorrectly made or brought about, be
cancelled or amended.
(2) The Council may direct the removal altogether or for a specified period from the register of the name of any registered practitioner who has been convicted of any such offence as implies in the opinion of the Council a defect of character or who, after an inquiry at which opportunity has been given to such registered practioner to be heard in
" person or by pleader, has been held by the Council to have been guilty of infamous conduct in any professional respect. The Council may also direct that any name so removed shall be restored.
17. (1) The Council may at its discretion hold an Procedure o inquiry under section 13 or section 16 in camera. ';}2;',';"5 and ap-
(2) For the purpose of any such inquiry or of any ap- peal under section 15, the Council shall be deemed to be a court within the meaning of the Indian Evidence Act, 1872.
8
B |
556 MEDICAL REGISTRATION [1916 : Ph, o i xercise all the powers of a Commissioner a ::)lgtsg';ltlnfder the Public Servants' (Inquiry) Act, 155 Xy, and such inquiries and appeals shall be'c.onducted_ as far ™ 155 as may be, in accordance W}th the _provisions 'of sect'm.n 5 and sections 8 to 20 of the said Public Servants (Inqumes) Act, 1850.
Appeal against
Counell,
the decision of 18 An appeal shall lie to the ![Central GW?Ment] - against every decision of the Council under segtlc?n 13 or section 16. Such appeal shall be .p}-eferr.et_l Wwithin three months from the date of the Council's decision. Towaein o by this Act on the *[Central Government]or the Councy Limiting ~ of 19. No act done in the exercise of any power confer. 'or the registrar shall be questioned in any civil court, Power of Cen- 20, It shall be lawful for the [Central Government) t%tfimfitby - notification in the *[Official Gazette] to alter the : Schedule. Power of Coun- 21. "The Council sfiall have power to request the gov- formation " esmer-erning body or authorities of any University, medical col. ency: jof '""h"'tt g lege or school, included in or desirous of being included in to attens > examinations. the schedule,—
Central Govern.
ment,
"(a) to furnish such reports, returns or other infor- mation as the Council may require to enable it to 'judge:of the efficiency of the instruction given therein in medicine and surgery and midwifery; and
(b) to'provide facilities to enable any member of the Council deputed by the Council in this behalt {o be present at the examinations held by such University, college or school.
" If the said body or authorities refuse to comply with any such request the ![Central Government] may upon re- port by the Couneil rémove such University, college or school from the schedule or refuse to include it in the schedule. Controt —— py 22. If at any time it shall appear to the *[Central Gov- ernment] that the Council has neglected to exercise or has e_x?e_eded or abused any power conferred upon it under tllis o Subsituted for the words ~ "Biais Govermmmeat™ i e Fonl® stity
S e y organisztion (Chandigar} ) i e S d. Cen"
current Subjects) Orderg, ]568'(Adamatxon Sl i Bl B
'Substituted for the words "Punjab @ » rernment ©f ndie (Adaptation of Indian Lawsr)lj%)rdeifei;e:i%l. ol
9
1916: Pb. Act 1] MEDICAL REGISTRATION 557 Act or has neglected to perform any duty imposed upon it by this Act, the *[Central Government] may communicate the particulars of such neglect, excess or abuse to the Coun- cil ; and, if the Council fails to remedy such neglect, excess or abuse within such time as may be fixed by the '[Central Government] in this behalf, the '[Central Government| may, for the purpose of remedying such neglect, excess or abuse, cause any of the powers and duties of the Council to be exercised and performed by such agency and for such period as the '[Central Government] may think fit. 23.. Every person who falsely pretends to be a regis- tered practitioner shall, whether any person is actually de- ceived by such pretence or not, be liable to be punished on conviction by a *Judicial Magistrate] of the first class with fine that may extend to three hundred rupees, 24.- (1) The '[Central Government] may after previous Power to make publication make rules for the purpases of carrying out the provisions of this Act.
(2) In particular and without prejudice to the genei'ality Penalty
tioner,
rules and
laws.
of the foregoing provision, the '[Central Government] . may make rules—
(i) for the election of members to the Council under sections 5 and 6;
(i) for the election of the *vice-president of the Coyneil ;
.
(iii) to Tegulate the procedure at any inquiry held under section 13 or section 16 ;
(iv) for the institution, hearing and disposal of ap- peals under section 15 or section 18;
(v) for the compilation and publication of the re- gister ;
(vi) X) {ix the amount of fees to be levied under this ct;
(vii) for the disposal of fees received under this Act, 'Substituted for the words "State GV G . Reorganisztion (Chandj 3 0vern|nfn( by the Pupjab current Subjects) g:idelga;gt);&(Adnmnhun of Laws on State and Con- mfi-{.'gubsmulcd for the word "Magistrate" by Punjab Act No., 25 of
for
falsely pretend-
ing to be a
gistered
Te-
practi-
bye-
10
358 MEDICAL REGISTRATION [1916 : Ph, A¢q n.
(2) The Council may, with the previous sanctiop of the '[Central Government], make bye-laws—
(i) for the convening of meetings of the Council ;
(ii) for the conduct of business at such meetings . (iit) for the appointment, control, pay and allgy,. ances of the establishment employed unqay section 10.
25 ¢ ® * » * ® £l
,. THE SCHEDULE.
(Vide section_13.)
(1) The Degree of Doctor, Bachelor or Licentiate of Medicine, or Master, Bachelor or Licentiate of Surgery of the University of Madras, Bombay, Calcutta, Allahabad,
*Ithe Punjab or the Punjab in Pakistan], the Universi. ties of Sheffield, Bristol and Wales, the National University of Treland and the Queen's University of Belfast.
(2) The Degree of Doctor, Bachelor or Licentiate of Medicine, Master, Bachelor or Licentiate of Surgery or Master in Obstetrics of the Universities of - Oxford, Cam- bridge. London. Durham, Manchester, Birmingham, Liverpool, Leeds, Edinburg, Aberdeen, Glasgow, St. Andrews and Dublin, the Royal University of Ireland "nd the Universities of Adelaide, Malta, Melbourne, New Zealand. Sydney. Dalhousie, McGill and Laval,
(3) The Degrees of Fellow, Member of Licentiate of the Royal Colleges of Physicians of London, Edinburg and Ireland. 'Section 25. Inserted by the Government of India (Adaptation of Indian Laws) Order, 1937, has bee n omitted by the Adaptation of Laws (Third Amendment) Order, 1951,
*Substituted for "the Punjab or East Punjzb" by Adeptation g! Laws (Third Amendment) Order, 1951. "The Punjab or East Punja had been substituted for "the Punjab" by G. G. 0. 40 of 1948, by *Substituted for the words "granted by a Local Govemme"" the Government of Indiz (Adeptation of Indian Laws) Order, 1937
11
1916 : Pb. Act II] MEDICAL REGISIRATION 559
(4) The Degree of Fellow, Member or Licentiate of - the Royal Colleges of Surgeons of England, Edinburgh and Ireland.
(5) The Degree of Fellow, Member or Licentiate of the College of Physicians and Surgeons of Bombay-
(6) The Degree of Licentiate of the Apothecaries' Society of London, Fellow and Licentiate of the Royal Faculty of Physicians and Surgeons of Glasgow, Licen- tiate of the Apothecaries Hall of Dublin, Licentiate of Medicine and Surgery of the Medical College of Ceylon, the Nova Scotia Provincial Medical Board, and the Prince Edward Island Medical Council.
(7) A Diploma or Certificate 'Igranted by a *(State] Government or the Government of Burma] to any person trained in a Medical College or School declaring him to be qualified to practice medicine, surgery and midwifery, or to perform the duties of a military assistant surgeon, hospital assistant or sub-assistant surgeon.
(8) A Diploma or Certificate granted by the King Edward Hospital Medical School at Indore to any person declaring him to be qualified to practise medicine, surgery and midwifery, or to be qualified for the duties of a military assistant surgeon, hospital assistant or sub-assistant surgeon. ISubstituted for the words "granted by a Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937.
"Substituteq for the word "Provincial" by the Adaptation of Laws Order, 1950.
12