The Assam Medical Act, 1916

THE ASSAM M£DICAL ACf 1916• (Assam Act No. I of 1916) CONTENTS Section Section Preliminary 1. Short title, extent and com­ mencement. 2. Definitions The Assam Council of Medical Registration 3. Establishment of the Assam Council of Medical Registra­ tion . 4. Constitution of Council. 5. Nomination of members, in default of election. 6. Disqualification for being elect­ ed or nominated as 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. 14. The Realster of registered practi­ tioners 1 S. Order by the Council for main­ tenance of register of registered practitioners. 16. Maintenance of register by Re­ gistrar. 17. Persons referred to in Schedule entitled to be registered. 18. Amendment of Schedule. 19. Power of Council to call for certain inforlD6l'lon from authorities of Medical College or School included o r wishing to be included in Schedule. 20. Information to be furnished to Regis trar with application for registration. 21. Entry of new titles and qualifica­ tions in register. 22. Disposal of fees. 23. Appeal to Council from decision of Registra r. 24. Erasure of fraudulent and in· correct entries. 25. Power of Council to direct re· moval of names from register and re-entry of names therein. 26. Appeal to State Government from decision of Council. 27. Bar to powers and other legal proceedings. 28. Notice of deaths and erasure of names from register. 29. Penalty on unregistered person representing that he is regis­ tered. 30. Coo~truction of reference in Acts to medical practitioner. 31. U a registered person not to hold certain appointments. Aonu1d medical Jist 32. Publication and use of annual med1cal list. 33. Regulations. 34. [Omitted]. THE SCHEDULE •Published in the Assam Gazette on the 24th May, 1916. [ 538 ] Assam Medical Act, 1916 539 tP An Ad to provide for tbe registration of medical practitioners lo Assam Whereas it is expedient to p1ovide for registration of medical practitioner in Assam : And whereac; the sanction of the Governor-General bas been obtained, under S. 5 of the Indian Councils Act, I b92, to the passing of this Act i lt is hereby enacted as follows : Preliminary 1. Short title, extent and commencement., (I) This Act may be called the Assam M~dical 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 the Gazette after having received the assent of the Governor-General : Provided that S. 29, S. 30 and S. 3 I shall not come into force until a date to be appointed in this behalf by the State Government by notification in the Gazette. NOTES Section / . This Act has been extended in its application to the State of Meghalaya, vide the Megbalaya Adaptation of Laws Order (No. 1), 1974, to come into force on and from the appointed day, i. e., 21-1-1972, whereby the sub-Ss. (2) and (3) of this sect ion were omitted, including the proviso. 2. Dcftnllions. In this Act, unless there is anything repugnant io 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 S 3 ; (c) "Regi~tered practi tioner" means any person registered under the provt~ions of this Act ; (d) "Medical Corporation" means any body. other than a University, for the time being competeut to grant a diploma or d·plomas confanng on the bolder thereof tf he has passed a qualifying examination, the right of registration under the provisions of th1s 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. The Assam Connell of Medfra/ 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 corpor.He and have perpe1uat succession and a common ~eal, and shall by the said name sue and be sued. North-Eastern Region Local Acts & RuleJ (S. 4 4. Constitution of Cooacil. The said Council shall consist of thirteen member'>, namely : (a) A president to be nominated by the State Government ; (b) Six members to be nominated by the State 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. NOTES Section 4. This section has been substituted for its application in the State of Meghalaya (vide the Meghalaya Adaptation of Laws Order (No. 1), 1974 to come into force on and from the appointed day i.e., 21-J-1972 and the said S. 4 as applied to Meghalaya is as follows : "4. The said Council shall consist of seven members, namely (a) A President to be nominated by the State Government ; (b) Three members to be nominated by the State Government ; and (c) Three members to be elected from the graduates or licentiates in medicine, who are registered practitioners and who are permanent residents of Meghalaya". 5. Nomination of members in defaolt of election. If any of the electoral bodies referred to in Cis. (c) to (e) of S. 4 does not, by such date as may be prescribed by rule made in that behalf under S. 33, elect a person to be a member of the Council, the State Government shall nominate a member in his place ; and any person so nominated shall be deemed to be a member as if be had been duly elected by such body. 6. Disqualification for being elected or nominated as a member. A person shall be disqualified for being elected or nominated as a member of the Council if he- (a) is not registered under this Act ; or (b) has been sentenced by any court for any non-bailable offence. such sentence not having been subsequently reversed or quashed, and such person's disqualification on account of such sentence not having been removed by ao order which lthe State Government is hereby empowered to make, if it thinks fit, in this behalf ; or (c) is an undischarged insolvent : Provided that, in the case of first elections held and first nominations made under this Act, the persons electing tbe members referred to in Cl (c), Cl. (d) and Cl. (e) of S. 4 and the members elected and nominated under that section shall be persons who are qualified to be registered under this Act. s. J2] A.3sam Medical Act, 1916 541 7. Publication of names of members. The name of every member elected or nominated under S. 4 or S. 5 shall be published by the State Gov­ ernment in the official 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 conse­ cutive months ; or (c) on his becoming disqualified for election or nomination as a member for any of the reasons mentioned in S. 6. (2) On the occurrence of anv vacancy referred to in sub-S. (I), the Presi­ dent shall forthwith report the fact of such vacancy to the State Government. 10. FiUing of v1cancies. If any member dies, or resigns his member­ ship, or ceases to be a member as provided in S. 9, sub-S . (I) the vacancy shall be filled, within one month, by a fresh election or nomination, as the case may be, under S. 4. 1J . Term of office of members. (1) The term of office of the first mem­ bers elected or nominated under S. 4 or S. 5 shall commence on such day as may be appointed by the State Government. (2) Subject to the provisions of S. 9, sub-S. (1 ). the term of office of members sbaJI be three years. But when a member is elected or nominated in a seat vacated under S. H'l, the term of office of such member shall be the unexpired term of the office of the member in whose place be is nominated or elected (3) Any member shall, if not disqualified for any of the reasons mention­ ed in S. 6, be eligible for re-election or re-nomination at the end of his term of office. ll. Meetings. (1) The Council shall make regulations to regulate­ (a) the times and place at which their meetings shall be held ; (b) the issue of notices conveying 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 m~mhers be present ; and (ii) save as a provided in S. 17 and S. 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 equality of votes by the casting vote of the President, or in his absence, of the member presiding at the meeting. S42 North-Eastern Region Local A.ct8 cl RultJ rs, t3 (2) Until such time as the regulations referred to in sub-S. (J) have come into operation, it shall be la wful 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. The mcmbps of the Council shall be entitled to such fees for attenda11ce at meetings of the Council and such reasonable travelling expenses, as may, from time to time, be allowt:d by the Council and approved by the State Government. 14. (I) With the previous sanction of the State Government the Council- (a) shall appoint a Registrar ; (b) may grant leave to such Regisrrar 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 ser­ vants as they may consider necessary for t be 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-S. (I) and sub-S. (2) shall be deemed to be a :>ub'ic servant wi thin the meaning of S. 21 of the Indian Penal Code. The Register of registered practitionHs l 5. Order by the Council for maintenance of register of registered practitioners. ( I ) The Council shall, as soon as convenient ly may be after the commencement of this Act. and from time to time. as occasion may re­ quire, make orders for regulating the mniotcnance of a Register cf registered practitioners. (2) The said register shall be kept in such form as may be prescribed by rules made under S. 33. 16. Maintenance of register by Registrar. (I) The Registrar shall keep the register of registered practitioners in accordance with the provisions of this Act and of any orders made by the Council, and shall, from time to time, make all necessary alterations in the registered addresses or appointments and the registered qualification s or ti tles of such practitioners, and erase the names of any practitioners who have died. (2) To enable the Registrar to fulfil the duties imposed upon him by sub­ S, (1), he may send throogh the post a letter to any registe1ed practitioner, addressed to him according to his registered address or appointment, to enquire whether he has ceased to practise or whether his residence or appointment has been changed ; and if no answer to any such letter is received within a period of six months from its despatch, the Registrar may erase the name of such registered practitioner from the register : it a· s. 19) A.3jam Medical Act, 1916 543 Provided that any name erased under the sub-section may be re·entered in the register under the dire-:tio·n of the Council. 17. Persons referred to in Schedule entitled to be registered. Evety person referred to in the Schedule shall subject to the provisions ht:reinafter contained, and on payment of such fee as may be prescribed in this behalf by regulation made under S . 33, be entitled to have his name entered in the register of register&d practi tioners : Provided that the Council may refuse to permit the registration of the name of any persoo- (a) who bas been sentenced by any cGurt for any non-bailable offence such sentence not havin g been subsequently reversed or quashed, and such person's disqualification on account of such sentence not having been removed by any order which the State Govern­ ment is hereby empowered to make, if it thinks fit, in this behalf ; or (b) whom the Council after due inquiry at which an opportunity bas been given to him to be heard in his defence and to appear eit her in person or by counsel, vakil. pleader or attorney and which may in the discretion of the President, to 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 professiona l respect. 18. Amendment of Schedule. If the State Government on the report of the Council or otherwise is satisfied- (a) that any medical diploma o r title gran ted or qualification certified by any University, Medical Corporation, examining body or other institution is a sufficient gua rantee that persons posse~sing such medical diploma, title or qualification possess the knowledge and skill requisite for the efficient practice of medici ne, surgery and midwifery, or (b) that any medical diploma, title or qualification referred to in Art. 3 of the Schedule is not a sufficient guarantee as aforesaid, it may be directed by notification,- (i) in case (a)-that the possession of such medical diploma, title or qualification sba11, subject to the provisions hereinafter contained and on payment of such fee as may be pres­ cribed in th is behalf by regulation made under S. 33, entitle any person tO have his name entered in the register of regiS· tered practitioners, or (ii) in case (b) -that the possession of such medical diploma, title or qualification sha ll not entitle any person to have his name entered in the said register ; and the Schedule shall thereupon be deemed to be altered accordingly. 19. Power of 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 authorittes of any Medical College or School included in or desirous of being included in the Schedule- 544 North-Eastern Region Local Acts&: Rules [S. 20 (a) to furn ish such reports, returns, or other information as the Council may require to enable them to judgt' of the efficiency of the instructions given therein in medicine, surgery and midwifery ; and (b) to provide facilities to enable any member of the Council deputed by tbe Council in this behalf to be present at examination to be held by such college or school. 20. Information to be furnished to Registrar with application for regis­ tration. Every person who applies to have his name entered in the register of registered practitioners- (a) must satisfy the Registrar that be is possessed of some title, medical diploma or qualification referred to in the Schedule, as altered by notification, if any, issued under S. 1!! ; and (b) if be is registered under the Medical Act- (i) must correctly inform the Re&istrar of the date of such regis· tration, and {ii) must furnish the Registrar with a correct statement of the medical diplomas, titles or qualifications in respect of which he is so Hgistered, and of the dates on which he obtained them, or (c) if he is not registered und~r the Medical Acts-must correct ly inform the Registrar of the dates on which he obtained the titles, medical diplomas or qualifications which entit·le him to claim rt'gistlation under this Act, and, if be is qualified to be registered under the Medical Acts, of the reasons why be is not so registered. 2J . Entry of oew titles and qualifications In register. If any person whose name is entered in the register of regisured practitioners obtained in title, medical diploma or qualification other than the title, medical diploma or qualification in respect of which be has been registered, be shall on payment of !'luch fee a.s may be prescribed in this behalf by regulation made under S. 33, be entitled to have an entry stating 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 purpose of this Act, in accordance with such rule, as may be made by the State Government under S. 33. 23. Appeal to Council from decision of Registrar. If any person is dissatisfied with any decision of the Registrar refusing to enter the name of any t •tle, diploma or qualificat•on of such person in the register of registered practitioners he may, an~ time, within three months fro m 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 re,gis· ter of registered practitioner$, which is proved to the satisfaction of the Council to have been fraudulently (Jr iucorrectly made, may be erased under an order in writing of the Council. :ZS. Power of Council to direct removal of names from re&lster aad a:e­ entry of names therein. The Council may direct- s. 30) Assam Medical Act, 1916 545 (a) that the name of any registered practitioner- (i) who bas been sentenced by any court for any non-bailable offence, such sentence not having been subsequently reversed, or quashed and such person's disqualification on account of such sentence, not baviug been removed b) an order which the State Government is hereby empowered to make, if it thinks fit, in this behalf, or (ii) whom the Council after due inquiry as provided in Cl (b) of S . 17, have found guilty, by a majority of two· thirds ot the! members present and voting at the meeting, of infamous conduct in any professional re5pect, be removed from the register of registered practitioners, and (b) tbat any name so temoved be afterwards tc-entercd in the register. 26. Ap eal to the State Government from decision of CoRDell. (I) An appeal shall lie to the State Government from every decision of ihe Council under S. 17 or S. 25. (2) Every appeal under sub-S. (1) shall be preferred within three months from the date of such decision. 27. Bar to parts and other tegal proceedings. No suit or other legal proceeding shall lie in respect of any action done in the exercise of any powers conferred by this Act on the State Government or the Council of the Registrar. 28. Notice of deaths and erasure of names from register. (1} Every Registrar of De:lths who receives notice of the death of any person whose name he knows to be entered in the register of registered practitioners shall forthwith tran~mit by post to the Registrar of the Council a certi6cate .:>f such death, signed by him and stating panjculars 6f the time ana place of death. (2} On receipt of- (i) any such certificate, or (ii) any other reliable information regarding such death, the Rtgistrar of the Council shall erase the name of the deceased person from the register. 29. Penalty on unregistered persoo representing that he Is registered. If any person whose name is not entered in the register of regtstered practi­ tioners falsely pretends that it is so entered or uses 10 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, witb fine which may extend to three hundred rupees. 30. Construction of reference In Acts to medical pra.:tftloner. The expression "legally qualified medical practitioner" or "duly qualified medical practitioner" and all other expressions importing a person recognised by Jaw as a medical practitioner or a member of the medical profession as used in a.ny Act in force in Assam, shall be deemed to mean a medical practitioner registered under the Medical Acts or this Act ; and no certi&ate required to 11 ALA-69 546 North-Eastern Region Local Acts RuleJ [S. 31 be given by any medical practitioner or Medical Officer under any Act in force in Assam shall be valid unless such practitioner or officer is regis tered under the Medical Acts or this Act. 31. Unregistered person not to hold certain appointments. Except with the special sanction of the State Government 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 medtcal oflicer in any hospital, asylum, infirmary, dispensary or lying-in-hospital which is supported partially or entirely by public or local funds. Annual Medical list 32. Publication and use of annual m~>dical Jist. (I) The Registrar shall in every year on or before a date to be fixed m 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 set ting fonh- (a) all names entered in the 1egister, arranged in a lphabetical order according to the su rnames, (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 qualifica­ tion was certified. (2) Every court shall presume that any person whose name is entered in the latest of such l1sts is July registered under thi ~ Act, and that any person whose name is not so entered is nl't registered under this Act : Provided tha 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 practiLioners shall be evidence that 'lUCh person is registered under th1s Act. 33. Regulations. (I) The State Government may, from time to time, make rules to carry out the purposes of this Act. (2) To oarticular and without prejudice to the generality of the foregoing power, the State Government may make rules- (a) to regulate elections under Cis. (c) to (e) of S. 4 ; (b) to prescribe the form of the register of registered practitioners to be maintained un der this Act ; (c) to regulate the application of fees under S. 22 ; and (d) to regulate the procedure to be followed by the Council in- (i) conducting any enquiry referred to in proviso (b) to S. 17 or Cl. (a) of S. ~5 ; and (ii) disposing of appeals from the decision of the Registrar preferred under S. 23. (3) In addition to the power conferred by S. 12 ; the Council may, with the previous sanction of the State Government, make regulations- Sch.] A.uom Medical Act, /916 547 (a) to prescribe the fees chargeable in respect of any registration unac:t lhts Act, and (b) to regulate the keeping of accounts of such fees. (4) All such rules and regulations shall be published in the official Gazelle. 34. [Omitted], THE SCHEDULE [See Sections 17, 1St 19 and 20] Persons who are entitled to have their names entered in the register of registered practitioners 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 vf Med icine or Master of Obstetrics or Master, Bachelor or Licentiate of Surgery of Universities estab­ hshed by Central Acts, Provincial Acts or State Acts. 3. Every person who bas been trained in a Government Medical College or School in lod1a, Pakista n or Burma, not maintained, but recognised by Government, for the purposes of this Schedule, by notification and holds a medical d•ploma or certificate, granted by the Government concerned or granted by a Med1cal School not mamtaioed by any Government, but recog­ nised as aforesaid, declaring him to be qualified- (a) to practice medicine, surgery or midwifery, or (b) to perform the duties of a Military 1\ssistant Surgeon. Hospital Asl>istaot or Sub-Assistant Surgeon.