The Nagaland Medical Council Act, 2014

THE NAGALAND MEDICAL COUNCIL ACT 2014 SCHEDULE THE NAGALAND MEDICAL COUNCIL ACT 2014 An Act to provide for the estabkhment of Medical education in the State and to regulate the practice by MEDICAL GRADUATES practitioners and MEDICAL EDUCATION. BE it enacted mthe in the Sixty First Fowteen year of the Republic India, and& Fiftieth Year of the State of Nagaland as follows:- THE NAGALAND MEDICAL COUNCAILACT, 2014 CHAPTER 1 PRELIMINARY 1. Short title, extent and commencement: (1) This Act may be called the Nagaland Medical Council Act, 2014 (2) It shall extent to the whole of the State (3) This Act shall come into force on such date as the Gove-rnment may, by notification in the Official Gazette, appoint. 2. Definition in this Act, unless the context otherwise requires: (1) "appointed day" means the date on which the provisions ofAct shall come into force under sub- section (3) of Section 1; (2) "casual vacancy" means a vacancy occurring otherwise than by efflux to time in any office filled by election or nomination; (3) "council" means the Nagaland Medical Council constituted under this Act; (4) "Executive Committee" means the Executive Committee of the Council constituted under Section 11 ; (5) "Government" means the Government of Nagaland (6) "Medical practitioner" or practitioner means a person who is the practice of modem 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); (7) "Medicine" means the modem scientific system of medicine and includes surgery and obstetrics but does not include veterinary medicine or veterinary surgery or the Homoeopathic or the Ayurveda or the Siddha or the Unani System of medicine and the expression "medical" shall be construed accordingly ; (8) "member" means amember of the Council; (9) "prescribed" means prescribed by rules made under this Act; (10) "president" means the president of the Council; (1 1) 'Vice- President" means the =ce-President of the Council; (1 2) "register" means the register of medical practitioners prepared or deemed to be prepared and maintained under this Act; (1 3) "registered practitioner" means a medical practitioner having register able qualification as prescribed in the Indian 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; (14) "Registrar" or "Deputy Registrar" means the Registrar or the Deputy Registrar as the case may be, appointedunder Section 14 ofthis Act; (15) "rules" means rules made under Section30 ofthis Act; (16) "Section"means asection ofthis Act. CHAPTER II ESTABLISHMENT OF COUNCIL 1. Constitution, functions and powers of this council Constitution and incorporation of the Council: (1) With effect from such date as the 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 Nagaland Medical Council". Nagaland Medical Council will be the statutory (Legal) body for maintenance of uniform and high standards of medical education inthe State. The Council wiU grand recognition of medical qualitication, grand registdon to medical practitioners and monitor medical practice in the State. (2) The Council shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, whether movable or immovable, and to contract and to do all things necessary for the purposes of this Act, and may by the name aforesaid sue or be sued. (3) The Council shall consist of the following members, namely:- a) Four member having register able qualificationas prescribed in the Indian Medical Council Act, 1956(102of 1956)to be nominated by the Government; b) One member from eachmedical college established by law in Nagaland having amedical hulty, elected by member of the medical faculty of that college h m amongst its permanent member of teacher faculty, ifavailable. c) Nine member to be elected by registered practitioners from amongst themselves including one member elected by the Nagaland In-service Doctor Association @IDA) and one fiom Indian Medical Association (MA)-Nagaland branch. Provided that no registered practitioners shall be entitled to vote or stand as a candidate for election, unless: * He is a citizen of Indian; and * He either resides or carries on his profession or is employed in Nagaland d) Dean of the medical Faculty of the University of Nagaland as ex-officio - member; and e) Principal Director of Health & Family Welfare of the Government as ex- officio f ) The president and Vice-president who shall be elected the member fiom amongst themselves. (3) The election of the member, and of the President and Vice-President, shall be held at such time, and at such place, and in such manner, as may be prescribed. (4) If at any election, the electors fail to elect the requisite number ofmembers, or fail to elect the President or the Vice-President, the Government shall nominate members fiom amongst persons qualified to be elected as members of the respective category, as it deem fit to fill in the vacancy or vacancies; and the persons so nominated shall be deemed to have been elected for the period till such time the vacancies are filled in onregular basis under this sections. (5) Where any dispute arises regarding any election of a member or the President or Vice-President, it shall be referred to the Govemment, and the decision of the Government shall be final. (6) Notwithstandii anything contained in sub-section (3) la) Inresvect of the constitution of the Council for the first time under this . , Act, the members thereof shall be nominated by the Government from amongst person qualified to be elected or nominated as members of the respective category; and (b) The members so nominated shall hold office for such period exceeding three years in the aggregate as the Government may, by notification in the Officer Gazette, specify. (4). Term of office: (I) The Government, shall, by notification inthe Official Gazette, publish the names of the members (2) Save as otherwise provided by this Act, amember, shall hold office for a term of five years from the date of publication of the notification under sub-section (1): Provided that where a person is elected by members of medical faculty of a medical college, or is an ex-officio member, he 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 term. (3) Save as othenvise provided by this Act, the President or the Vice-President shall hold office from the date of his election up to the day onwhich his term of office as member expires. (4) The term of office of an outgoing member shall, notwithstanding anything contained in sub-section(2) be deemed to extend and to expire with the day immediately preceding the day on which the names of the successor members are published under sub-section(1). (5) The term of office of an outgoing President or Vice-President shall, notwithtanding an* contained in sub-section (3) be deemed to extend 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 nominated for one more consecutive term only. (7) Leave of absence may be granted by the Council to any member for a period not exceeding six months. 5. Casual Vacancies: (1) Acasual vacancy in the office the President or the Vice-President or a member elected under Clause (d) of Sub-section (3) of section 3 or Clause (c) of said sub-section, shall be filled by election: Provided that any such vacancy in the office of an elected member occurring within six months prior to the date on which the term of office of all the members expires, shall not be filled. (2) A casual vacancy in the office of a member nominated under Clause (a) of Sub-section(3) of Section 3, or Sub-section(7) of that shall be reported forthwith by the Registrar to the Government, and all shall, as soon as possible thereafter, be filled by the Govemment by nomination. (3) Any person elected under sub-section(1) or nominated under sub- section(2) to fill acasualvacancy shall, notwithstanding an* contained in sub-section(7) of Section 3 or Section 4, hold office so long as the person in whose place he may be elected or nominated, as the case may be, would have held office, if the vacancy had not occurred. 6. Resignation: (I) The President orthe Vice- President may at anytime resign his ofice by a notice in writing address to the Council and delivered to the Registrar. The registration shall take effect £rom the date on which it is accepted by the Council or on the expiry of sixty days fiom the date of the delivery of the notice, Whichever event occurs earlier. (2) An elected member may, at any time, resignhis ofice by anotice in writing addressed to the President. Anominated member may at any time resign his office by anotice in writing addressed to the Government 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. 7. Disqualification and disability: A person shall be disqualified for being elected or nominated as, and for continuing as, a member If he is anun-discharged insolent: or If he is of unsound mind and stands so declared by acompetent court; or If his name has been removed from the register and has not been re- entered therein; or If he is a whole-time officer or servant of the Council; or If he has been convicted for an offence involving moral turpitude. If any member absents himself tlom three consecutive meetings of the Council, without leave of the Council granted under sub-section(7) of Section 4 or without such reasons as may, in the opinion of the Council, be sufficient, the Council may declare his seat and take steps to fill the vacancy. If any members becomes, or is found to be, subject of the disqualitication mentioned in sub-section(1, the Council shall submit a report to the Government, and the Government, if satisfied about the disqualifcations, shall declare his seat vacant. 8. Meetings of council: (1) The meetings of the Council shall be convened, held and conducted in such manner as may be prescribed. (2) The President, when presenf shall preside at every meeting of the Council. Ifat any6 meetingthe President is absent, The Vice-President, and absence or both, some other member elected by the members present from amongst themselves, shall preside at suchmeeting. AU issues at ameetingofthe Council shall be decided by amajority members present andvoting The presiding authority at ameeting shall have and exercise a second or casting vote, in case of an equality of votes. Eight members (including the President andvice-president) shall form a quorum. When a quorum is required but notpresent, the presiding authority shall, after waiting for not less than thuQ minutes for such quorum, adjourn the meeting to such hour or some future day as it may no@ on the notify board at the office of the Council; and the business whichwould have been brought before the original meeting had there been a quorum thereat, shall be brought before the adjoumedmeeting, and may be disposed of at such meeting or any subsequent adjournment thereof, whether there by a quorum present, or not. :ceding of meetings and validity of acts: 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. No disqualification or defect inthe election or nomination or any person as a member, or as the President or as the Vice-President, or as a presiding authonty of a meeting shall be itself be deemed to vitiate any act or proceedings of the Council in which such act or proceedings, were entitled to vote. During any vacancy inthe Council, the continuing members may act, as ifno vacancy had occurred. Any act done by the Council shall not be questioned on the ground merely of the existence of any vacancy in or any defect in the constitution of the Council. 10. Powers, duties and functions of the Council subject to such conditions as may be prescribed by or under the provisions of the Act, the powers, duties and specific functions of the Council shall be: (1) To maintain the live register and to provide for the registration of medical practitioners; (2) To hear and decide appeals against any decision of the Registrar; (3) To prescribe a code of ethics for regulating the professional conduct of practitioners; i.e. lay down the standards of professional ethics in the practice of medicine. (4) Lends advice to the State government on matters relating to the medical education and practice in medicine. (5) Organized Seminars, Symposiums, and Workshops in order to promote continuous medical education and practice in medicine. (6) Perform such functions may be laid down in the rules made by the Central government. (7) To Exercise such otberpowers, perform such other duties and discharge such otherhctions, as are laid downin thisAct, orasmay beprescribed. (8) To receive complaints fiom public (including patients and their relatives) against misconduct or negligence by amedical practitioner, to proceed for inquest, take a decision on the merits of the case and to initiate disciplinary action or award compensation and similarly to take action against £tivolous complaints; (9) To provide protection to its members in dischargmgprofessional duties (1 0) To ensure that no unqualified person practices modem scientific system of medicine. (1 1) To reprimand apractitioner, or to suspend or remove his name from the register, or to take such other disciplinary action against him as may, in the opinion ofthe Council be necessary or expedient; (1 2) Committees. I. Executive Committee 11. Committee forprotection of Doctors 111. Ethics Committee IV. CME Committee V. Anti-Quackery Committee VI. Disc iphq Committee VII. Land and Building Committee VID. News letter Committee IX. Finance Committee X. Constitutional and Amendment Committee XI. Nursinghome Committee XU. Staffwelfare Committee XUI. Diagnostic Committee 11. Executive Committee (1) The Council shall, as soon as may be, constitute an Executive Committee consisting of the President as ex-officio member and such other number of others members, elected by the Council form amongst its members, as may be prescribed. (2) In addition to the powers, duties and hnctions conferred, imposed and enineted by this Act, the Executive Committee shall exercise suchpowers, perform such duties, and discharge such functions of the Council as may be delegated to it by rules or entrusted to it from time to time, by the Council. (3) The President shall be the ex-officio 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, a d to the members of its Executive Committee, such fees and allowances for attendance at meetings, and such reasonable travelling allowances, as shall from time to time be prescribed. 13. Income and expenditure of the Council: (1) The income of the Council shall consist of a) Registration fees received from the practitioners; b) Grants received from the Government, if any; and c) Any other sums raised by the Council. (2) It shall be competent for the Council to incur expenditure for the following purposes, namely a) Salaries and allowances of the Registrar and the staff maintained by the Council b) Fees and allowances paid to the members of the Council and of the Executive committee; c) Remuneration paid to the assessors; and d) Such other expenses as are necessary for performing the duties and dischargmg the functions under this Act 14. Appointment of Registrar and lor Deputy Registrar of the Council, their duties and functions: (1) The Council shall, with the previous sanction of the Government, appoint a Registrar andior a Deputy Registrar. He shall be a qualified medical graduate as prescribed in Schedules I, I1 and 111 of the Indian Medical Council Act, 1956 (102 of 1956). (2) The Executive Committee may, hmtime to time, gmnt leave to theRegistrar: Provided that if the period of leave does not exceed one month, the leave may be granted by the President. 3) During the temporary vacancy in the office of the Registrar due to leave or any other reasons, the Deputy Registrar, shall act as Registrar. In case of non-availability of Registrar and Deputy Regisbar the Executive Committee may, with the previous sanction of the Government, appoint another person to act in his place, and any person so appointed shall for the period of such appointment, be deemed to be 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, who shall forthwith report such appointment to the Executive Committee and the Government. (4) The Council may, with the previous sanction of the Government, suspend, - dismiss or remove any person appointed as the Registrar, or impose any other penalty upon him in the manner as may be prescribed. (5) Save as otherwise provided by this Act, the salary and allowances and other conditions of service of the Registm shall be such as may be prescribed. (6) The Registrar shall be the Secretary and the Executive Officer of the Council. He shall attend all meetings of the Council, and of its Executive Committee, and shall keep minutes of the meetings and names of members present and ofthe proceedings of such meetings. (7) The accounts of the Council shall be kept by the Registm, in the psscribed manner. (8) The Registrar shall have such supervisorypowers over the staffas may be prescribed, and may perform such other duties and discharge such other functions as may be specifiedinthis Act, or as may be prescribed. (9) The Registrar shall be deemed to be public servant within the meaning of Section 21 ofthe Indian Penal Code (45 of 1860). 15. Power ofAmend Schedule: The Nagaland Medical Council shall by notification, amend the schedule so as to include therein any subject not already specsed therein or omit there any subject or modify the description of any subject. THE NAGALAND MEDICAL COUNCIL ACT, 2014 PREPARATION AND MAINTENANCE OF REGISTER 16. Preparation of Register: (1) As soon as may be after the appointed day, the Registrar shall prepare and maintained thereafter a register of medical practitioners for Nagaland, in accordance with the provisions of this Act. (2) The Register shall be in such form, and may be divided into such parts, as may be prescribed. The register shall include the full name, address and qualifications with the name of college and university of the registered practitioner, the date on which each qualification obtained, and such other particulars as may be prescribed. (3) Any person who possesses any of the qualifications in the First, Second or Third Schedule to the Indian Medical Council Act. 1956 ( 102 of 1956 ) shall subject to any condition laid down by or under the IndianMedical Council Act, 1956, at any time on an application made in the prescribed fiom to the Registrar and on payment of aprescribed fee and on presentation ofproofofhis registerable qWcation, be entitled to have his name entered in the register. (4) a) Every person, whose name was entered on a date prior to 1 * May, 196 1 in Indian Medical Council Register and continued in such register on the day immediately precedingthe appointed day, shaU be entitled to have his name continued inthe register prepared under this Act. b) Withinaperiod of three months fiom the appointed days or such further period as the Government may allow, the Registm shall publisha general notice in the Official Gazette and in such newspapers, as the Council may select, in such form as may be prescribed calling upon every person to - whom Clause(a) applies, to payto the ~egistrar Gthe prescribed manner the prescribed fee if he desires to have his name on the register under the - AC{ and shall also send individual notice for a like purpose by registered - - - post to every such person who pays such fee before the expiry of the period of two months hmthe date of publication of the general notice in the Official - Gazette shall be enlisted on the register. (5) Afterthe last date for payment ofthe prescribed fee under Clause (b) of sub- d o n (4) has expired and the register prepared inacwrdance with foregoing provisions is ready, the Registrar, shall publishnotice inthe Official Gazette and such newspapers as the Council may select, about the register having prepared, and the register shall come into force from the date of the publication of suchnotice in the Official Gazette. ( 6 ) Any pcrson servicing or practicing modem scientific systcmofmdicine in Nqtlmd all be registered wvithCouncil under this Act. \Vtthout regisvation with the Council my person through qdificd in modem scientific system of' medicine shall be liablc for action as spccificd by the (lolmcil. (7) Everyregisteredpractitioner shall be giving acertificate ofregistrationinthe 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. 17. Special procedure for registration in certain cases: (1) No person who possesses amedical qualification granted by any authority inany place outside the tenitory of India(0therthanthe qualijicationspecifid inthe i st, the Second or the Third Schedules to the IndianMedical Council Act, 1956) shall be registered under this Act, unless the procedure specified in subsection (2) has been followed (2) Any person, who holds such m&cal qml&cation, may apply to the Council for registration by giving a correct description of his qualication, with this decree, diploma, license or certificate. The Council shall transmit the same to the Medical Council of India for opinion and shall act according to the opinion. 18. Persons who may not be registered: Notwithstanding anything contained in section 16 and 17 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 Indiaregulating the registration ofmedical practitioners on the 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 ht register from which it was removed. 19. Fee for and certificate of provisional registration: (1) fmy person who desires to be registered provisionally under Section25 of the Indian Medical Council Act, 1956 (102 of 1956), shall make an application in the prescribed form to the registrar and shall pay the prescribed fee. (2) Every person whose name in entered in the register under sub-section (1) shall be giving a certificate of provisional re-tion in the prescribed form. Such certificate shall remain in force for such period as may be specified therein. 20. 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 provision of this Act, and the rules made there under (2) a) Every Registrar of Deaths on receiving notice of the death of amedical practitioner registered under this Act shall forthwith transit 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 such certificate and transmission as an expense of his office. b) The names of registered practitioners, who die or whose names are directed to be removed from the register under Section 22 shall be removed there from. (3) Any person whose name is entered in the register and who subsequent to this 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 to have such change in his name recorded in the register. (4) Subject to the provisions of Section 26 of the Indian Medical Council Act, 1956 (102 of 1956), any person whose name is entered in the register and who subsequent to his registration obtains any additional qualification specified in any of the Schedules to the Indian Medical Council Act, 1956, shall on an application made in this behalf, and on payment of the prescribed fee be entitled to have an entry starting such additional qualification made against his name in the register. (5) Where it is shown to the satisfaction of the Register that a certificate of registration has been lost or destroyed, the Registrar may, on payment of prescribed fee and on furnishing an indemnity bond issue a duplicate ceaca te after due confirmation and approval ofthe Executive Committee. 21. Publication of list of registered practitioner: (1) At such time, after the publication of the notice under sub-section (5) of Section (16) 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 in the register but not later than three months of the start of election process. (2) The Registrar shall cause to be printed and published annually on or before a date to be decided by the Executive Committee an addendum and a corrigendum to the list published under sub-section (1) showing a) The names of all persons for the time being entered or re-entered in the register, andnot included in any subsistinglist already printed and published; b) The names of all practitioners included in any subsisting list, whosename have since been removed on account of any reason whatsoever from, and not re-entered in, the register; and c) Any other amendments to the subsisting list. (3) The form of the list publishedunder sub-section (I), the particulars to be included therein, and the manner of its publication, shall be such as may be prescribed. (4) A copy of the list referred to in sub-section(1) shall be conclusive evidence in all Courts, and in all judicial or quasi-judicialproceedings, thatthepmns therein specified are registered are registered according to the provisions of this Act, and the absence of the name of any person is not registered according to the provisions ofthisAct. (5) 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 of this Act. 22. Disciplinary action including removal of names from the register: (1) The Council shall have aDisciplinaq Cormnittee comprising of a) A Chairman to be nominated by the Council; b) AMember of Legislative Assembly of the State ofNagaland, nominated by the Speaker; c) A Legal Expert to be nominated by the Council; d) An eminent public-mannominated by the Government; e) An eminent medical specialist in the relevant speciality to whichthe complaint pertains, to be nominated by the Council; and Amember nominated by Indian Medical Association- Nagaland branch with minimum ten years standing (2) Ifaregisteredpractitioner has been, after due inquiry held by the Council or by the Executive Committee in the prescribed manner, found g d t y of any misconduct by the Council or the Executive Committee, the Council may a) Issue aletter of warning to such practitioner; or b) Direct the name of such practitioner * To be removed from the register for such period as may be specified in the aforesaid direction; * To be removed fiom the register permanently. Explanation Forthe purpose of this section aregistered practitioner shall be deemed to be gd ty ofmisconduct if * He is convicted by acriminal court for an offence which involves moral turpitude and which is cognizable within the meaning of the Code of Criminal Procedure, 1973 (2 of 1974), or * In the Opinion of the Council his conduct is infamous in relation to the medical profession particularly, under any Code of Ethics prescribed by the Council or by the Medical Council Act, 1956 (1 02 of 1956) in this behalf. (3) The Council may, on sufficient cause being shown, direction on any subsequent date that the name of a practitioner removed under the sub- section(2) shall be re-entered in the register on such conditions, and on payment of the prescribed fee, as the Council may deem fit. (4) The Council may, of its own motion, or on the application of any person, after due and proper inquiry and after giving an opportunity to the person concerned of being heard, cancel or alter any entry in the register, if in the opinion of the Council, such entry was fraudulently or incorrectly made:- (5) In holding any inquiry under this section, the Council or the 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 of the following matters, namely:- a) Enforcing the attendance of any person, and examining him on oath, b) Compelling the production of documents; c) Issuing of commissions for the examination of witness. (6) A11 the inquiries under this section shall be deemed to be judicial proceedings within the meaning of Section 193,219 and 228 of the Indian Penal Code (45 of 1860). (7) a) For the purpose of advising the Council or the Executive Committee, as the case may be, on any question of law 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 * An advocate enrolled under the Advocates Act, 1961, or * An attorney of a High Court. Explanation For the purpose of this sub-section, in computing the period during which a person has been enrolled as an Advocate, there shall be included any period during which he was enrolled as an Advocate under the Indian Bar Council Act, 1926. b) Where anassessor advises the Council, or the Executive Committee, as the case maybe, on any question of law as to evidence, procedure or any other matter, be shall do so in the present of every party or person representing a party to the inquiry who appears thereat or if the advice is tendered after the Council orthe Executive Committee has began to deliberateas to its findmgs, every such party or person as aforesaid shall be informed what advice the assessor has tendered. Such party or person shall also be informed if, in any case, the Council or the Executive Committee does not accept the advice of the assessor on any such cluestion as aforesaid. c) Any assessor under this section may be appointed either generally, or to any particular inquj: andshall be paid the prescribedremuneration. 23. Renewal of registration: (1) ~ohviths&ndin~ anything contained in Section 16 and 20 on such date, after the date of publication of the notice under subsection(5) of Section 16, as the Executive Committee may, with the previous sanction of the Government, decide and every five years thereafter, the Registrar shall cause two notices in the prescribed fiom to be published, at an interval of not less than thrty days, inthe Official Gazette calling upon in the manner provided in sub-section (2) all registered practitioners to make an application to the Registrar for the continuance of their names on the resister. (2) The Registrar shall, after the publication ofthe first noticeunder sub-section (I), send anotice by registered post enclosing therewith the prescribed form of application to the registered practitioners at their address as entered in the register, calling upon them to return the application to the Regislra.r for continuance of their names on the register within forty-five days ofthe date of the notice. If any of the Registrar shall issue a further notice to such registered by regisGredpost after the publication of the second notice under sub-section (1) enclosing therewith the prescribed form of application to the ~ e g i s t r i for the con&uation of his name on the register within thuty days of the date of the M e r notice together with afee as may be prescribed fiom time to time. (3) If the application is not made on or before the date fixed by further notice sent by registered post under sub-section (2), the Registrar shall remove the name of the defaulter fiom the register and shall inform him of such removal by registered post (4) ProvidedthatifanqpliCationfor~~ntinuan~~ofthenamesoremovedkmade within aperiod of six months h m the date h e d by the said Mernotice by registered post under sub-section(2), the name so removedmay be re-entered in the register on payment ofaprescribed fee. 24. Appeals: (1) Any Person aggrieved by any decision of the Registrar under th~s Act may, within a period of one month from the date on which the decision in communicated to him, appeal to the Council which shall hear and determine the appeal in the prescribed manner. (2) Save as otherwise provided in the Indian Medical Council Act, 1956 (1 02 of 1956) the decision ofthe Council under this Act shall be final. 25. Rights of registered practitioners Notwithstanding anything contained in laws for the time being in force: (1) he expressionu llegally practitioner" or "duly qualified medical practitioner" or any word importing aperson recognized by law as amedical practitioner or member of the midi& profession shall in all Acts of the Legislative assemblyofNagaland and all central~cts ( intheir application to Nagaland) in so far as suchActs relate to anymatter withrespect to whish the - Legislative Assemblyhas powers to make laws, under Clause(3) ofArticle 230AA ofthe Consfitution, include apractitioner whose name is entered in the register under this Act; (2) Everyregisteredpmctitioner shall exempt, ifhe so desires, hmserving on aninquest. 26. General provision application to medical practitioners: The provision of this Act are in addition to, and not derogation ofthe provisions of the Indian Medical Council Act, 1956 (102 of 1956) containing general provisions applicable to a l l medical practitioners. 27. Penalty for falsely claiming to be registered: If any person whose name is not for the time being entered in the register, falsely represents that it is so entered, or uses in connection with his name or title any words or letters reasonable calculated to suggest that his name is so entered, he shall, on conviction, be punished with fire which may extend to five thousand rupees. 28. False assumption of MedicalPractitioner of Practitioner under this Act to be an Offence: Any person who falsely assumes that hi is medical practitioner or practitioner as defined in Clause (6) of Section2 and practices themodern scientific system of medicine, shall be punishable with rigorous imprisonment whichmay extendup to three years or withwhichmay extend up to Rs. 20,000 or with both. Explanation- Under this section, punishment can be awarded only to medical practitioners as defined in section 2(6) of this Act and no punishment may be awarded to any one practicing Veterinary medicine or Veterinary surgery or Homoeopathic or the Ayurvedic or the Siddha or the U m i System of Medical or those holding BAMS or BIMS degree. 29. Court competent to try offence, under this Act and take cognizance of offence: (1) No court other than the court or a Metropolitan Magistrate shall take cognizance of or try an offence, under this Act. (2) No court shall take cognizance of any offence under this Act except on a complaint in writing by an officer empowered by rules made in this behalf 30. Control of Government: (1) If at any time it appears to the Government thatthe Council or its President and V~ce-President has failed to exercise or has exceeded or abuse any powers - conferred upon it or him or under this Act, or has ceased to function, or has become incapable of functionin& the Government may, ifit considers such failure, excess, abuse or incapacity to be a serious character, no* the particulars thereof to the Council or the President or %ce- President, as the case may be. If the Council or the Presidenf or the VicePresident, as the case may be, fails to remedy such failures, excess, abuse or incapacity within such reasonable time as the Government may fix in this behalf, the Government may remove the President or or dissolve the Council for a specified period, as the case may be , and in case of dissolution of the Council, cause all or any of the powers, duties and function ofthe Council to be exercised, performed and discharged by such registered practitioners or practitioners as the Government may appoint in that behalf: Provided that new Council shall be constituted before the expiration of a period of two years &om the date of its dissolution. (2) Notwithstanding anything contained in this Act, or in the rules made there under, if at any time it appears to the Government that the Council or any other authorities empowered to exercise any of the powers or to perform any ofthe duties or functions under this act, has not beenvalidly constituted or appointed, the Government may cause any such powers, duties or functions to be exercised or performed by such person or persons, in such manner and for such period not exceeding six months and subject to such conditions, as it thinks fit. 31. Rules. (1) The Government may, by notificationin the Official Gazette, and subject to the condition ofprevious publication, make rules to carry out the purpose of this Act. Such rules may be made to provide for all or any matters expressly or allowed by this Act to be prescribed by rules. (2) In particular, and without prejudice to the foregoing power, the Government may make rules for all or any ofthe following matters namely:- a) The time and place at which and the manner in which the election of the Members, and of the President and the Vice-President shall be held under sub-section (4) of section 3 ; b) The manner in which the meeting of the Council shall be convened, held and conducted under sub-section(1) of Section 8; c) The powers, duties and functions of the Council, the condi-tions subject to which they shall be exercised and performed; and regulation of professional conduct of practitioners by a code of ethics in accordance with Section 10: d) Number of elected members who shall be elected by the council from amongst its Members for constituting the executive Committee and also the powers and duties and functions of the council as may be delegated buthe Council to be exercised, performed and discharged by the Executive Committee, under the provisions of section 11; e) The fees and allowances payable to the President, The Vice-President and other Members of the Council, and not to the members of its Executive Committee under Section 12. f) The salary and allowances payable to the Registrar and other conditions of senice of the Registrar, manner of maintenance of the accounts of the Council by the Registrar, supervisory powers of the Registrar over the staffand duties and functions as may be specified in Act, which may be performed and discharged by the Registrar; g) The conditions of service of the officers and staff of the council under sub-section (3) of Section 14; (i) The post of RegistrarDeputy shall be permanent. The post of Registrar shall be inthe basic pay equivalent to the basic pay scale of Cluef Medical Officer of the State services and the post of deputy Registrar shall be in the basic pay scale equivalent to the basic pay scale of Deputy Director of the State Health Services. i ) The Council shall be in the appointing authority for the post of Registrar1 - ~ e ~ u t y ~egistrar and the ~eg&&ariDeputy ~egistrar shalibe ?he appointing authority for all other appointments in the Co-mcil. (ii) The post of Registrar shall be filled by the Council by promotion of Deputy Registrar. Registrar shall be filled by direct selection by tile Council f ioi i~ amongst suitable candidates lliiving minimum q u ~ c a i i ~ ~ : ofM.5.B.S. \. 11 minimum often years experience after M.R.B.S. in GovernmenUPublii: SectorPrivate Sector or Practice, and with n-um age iu~ii'i of fifty y~t~~trs on the date of application, candidates with Post-Graduate qualifications shall be giving preference. (iv) The Registrar/Deputy Registrar shall draw allowances equivalent to allowances admissible to similar post in the Government like dearness allowance, house rent allowance, city compensatory allowance, transport allowance, conveyance allowance, non-practicing allowance, academic allowance, Post-Graduate allowance, travelling allowance, daily allowance, etc. The leave entitlement and travelling entitlement shall be similar to that of Government in similar posts. h) Preparation and maintenance of register of medicai practitioners, the fionl of such register, particulars including the name, address and qualifications etc. of the registered practitioners to be entered in the register, prescription ofthe fonnof application and ofnotice to be published in the Official Gazette and newspapers to have names registered, prescription of fees to be paid for such entry and the manner ofpayment, prescription of form for sending individual notices, prescription of form of certificate which shall be given to registered practitioner under Section 16; h) Prescribing the form of application for provisional registration, fee payable for such registration and prescribing form of certificate of provisional - registrationunder section 19. J) Prescribing offee for recording change of name in the register, prescription of the fee payable for entering additional qualification in the register and prescription of fee payable for issue of duplicate certificate of registration under section 20; k) the form of the list of Registered Medical Practitioners and manner of the publication of the list under section21; Q manner for taking disciplinary action etc., against registered practitioners by the council or by the executive committee, conditions subject to which and the fee forre-entering the name of a practitioner in the register and the remuneration to be paid to an assessor under Section 22; m) form of notices and form of application for renewal of registration by Registered Medical Practitioners, fee payable for re-enby of name which is removed from the register due to non-renewal under Section23; n) the manner inwhich appeals against the decision of the Registrar shall be heard by the Council under Section 24; o) officers who are empowered to make a complaint under sub-section (2) if section 29; p) Any other matter whlch is to be, or may be, prescribed under this Act. (3) All rules under this section shall be laid for not less than thirty days before the legislative Assembly of Nagaland as soon as possible after they are made and shall be subject to rescission by the Legislative Assembly or to such modifications the Legislative Assembly may make during the session inwhich they are so laid or the session immediately following. (4) Any rescission or modifications so made by the LegislativeAssembly of Nagaland shall be published in the Official Gazette and shall thereupon take effect. 32. Code of conduct and ethics: The Council shall follow the conduct and code ofmedical ethics as prescribed by the Medical Council of India ftom time to time. 33. Power to remove Difficulties: (1) Ifany difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, not incon-sistent with the provisions of this Act, remove such difficulty. Provided that no such order shall be made after the expity of the period of two years from the commencement of this Ad. (2) However, order made under this section shall be laid, as soon as may be, &r it is made, before the StateAssembly. THE NAGALAND MEDICAL COUNCIL ACT, 2014 CHAPTER I PRELIMINARY 1. Short title and commencement. These rules may be called the Nagaland Medical Council Rules, 2014 and shall come into force with immediate effect. 2. Definitions.- In these rules the context otherwise requires,- a) "Act" means theNagaland Medical ~ o u n c i l ~ c t , ( ~ & a l a n d ~ c t of 2014) b) "Form" means a form appended to these rules; - - c) Words and expressions not defmed in these rules but defined in the Act shall have the same meanings assigned to them in the Act. REGIISTRATION 3. Grant of Registration. -Any person who possesses any of the qualification in the First, second or third Schedule to the Indian Medical Council Act, 1956(102of 1956) shall, subject to any conditions laid down by or under that Act, and is in service in connectionwith, or wishes to practice inmodem scientific system of medicine in Nagaland, apply for registration in the live register of the Council by applying to the registrar in form 1, along with copies of photogaphs and prescribed fees. The Registrar shall consider the application in form2 which shall be valid for aperiod of five years from the date of registration: Provided that any person who has passed the qualifying examination of University or Medical Institution in Indiafor the grand of arecognized medical qualification - - shall be entitled to be registeredprovisionallY forthe purpose of internship training and on an application made for provisional registration to the Registrar in Form 3 along with the prescribed fees, the registrar will issue acertiticate of provisional registration inForm 4. 4. Preparation of register:- i) The register of medical practitioners for Nagaland referred to in sub-section (2) of Section 16 of the Act shall be in Appendix A. @ The Registrar shall publish a notice in the Off~cial Gazette and in such newspapers as the Council may select about the register having been prepared and the ~gister shall come into force h m the date of the publication of such notice in the Official Gazette. The Registm shall publish, annually, on or before adate to be decided by the Executive Committee, an addendum and corrigendum to the lost published. After the publication of the name in the register, the last edition of that alone shall be the legal evidence of registration. 5. Additional qualification. -Persons registered with the Council are entitled to apply for entering additional qualifications acquired by them as specified in the schedule to the Indian Medical Council Act, 1956, in form 6 , on the Council's register on payment of the fee prescribed by the Council. After incorporating the additional qualification(s), anew registration certificate shall be issued incorporating the additional qualification(s) in lieu of the original certificate of registration in form 2 returned by the applicant. The period of validity of the certificate shall remain as in the original certificate with a mention of date incorporatingthe additional qualification(s). 6. Renewal of registration. - The registration certificate can be renewed by the Council on receipt of application in form 3 along with the fee prescribed for renewal of registration. The Registrar shall consider the application and if found fi< shall renew the regisintion. 7. Restoration of registration. on submission of application in Form 7 by the oractitioner the Executive Comtnittee of the Council mav consider a case of restoration of registration of a person whose name has been struck off the register and may direct the Registm to re-enter the name of the practitioner in the register onpayment ofthe prescribed fees. 8. Change ofAddress.- Every registered practitioner shall send to the Registrar immediate notice of any change in his address on order that his correct address may be duly erased fiom the register. ELECTIONS 9. Returning Officer.- The Registrar or deputy Registrar shall be the Running Officer for conduct of any election under the provisions of thisAct. ?he Retnming Officer shall inform the Government about the constitution of a new Council and he shall notify in the Official Gazette and two newspapers published fiom Nagaland, at least, sixty days prior to the expiry of the tenure of the existing Council and about the proposed schedule of elections. 10. Constitution of new Council.- The following procedure shall be followed for purpose of constituting the new Council, namely:- (a) The Returning Officer shall intimate to the Dean/Principal/Diector of every medical college established by law inNagaland having amedical faculty to elect one member &om each medical college/institutionwithinth~ty days and the name of the elected members shall be intimated to the returning officer. (b) The Returning Officer shall intimate to the Nagaland Medical Council reg* the election of one member h m amongst its members to be elected to the Council. The election of such member shall be conducted and completed by the said Association, within thirty days and the name ofthe elected members shall be intimated to the returning officer. (c) TheRetuming Officer shall intimate to the Governmentthat the Government shall nominate to the Council four members havingregisterable qualification as prescribed in the Indian Medical Council Act, 1956. The Government shall intimate the names of such four members to thereturning officerwithin thirty days. (d) The Returning Officer shall conduct the election of eight members to be elected by registered practitioners from amongst themselves. The election shall be conducted by secret ballot at such place as decided by the Returning Officer. The election shall be conducted by ballot paper, providedthat the Returning Officer may conduct the election by electronicvoting machine, if feasible. (e) The electoral rolls for the election shall comprise all registered practitioners registered with the Council as on the date of notification of the e1ection.A hard copy of the electoral rolls giving the name, registration number and address of the registered practitioners shall be supplied to contesting candidates on payment of a sum of one thousand rupees to the Counci1.A soft copy of the electoral rolls in the form of a compact Disk (CD) shall be supplied on payment of five hundred rupees to the Council. This fee structure may be revised by the Government from time to time. 11. Stages of Election:- (1) The returning Officer shall iix the following stages of election, namely:- (a) Notification of elections; @) Last date of receipt of nomination papers; (c) Date of scrutiny of nominationpapers; (d) Last date of withdrawal of candidate; (e) Polling of votes; (0 Counting of votes; (2) The election process shall be completed by the Returning Officer within forty-five days from the date ofnotification of elections. 12. Nomination of candidates. - Every registered practitioner whose name appears in the electionrolls shall qualifyfoifillinghi~ nomination paper subject to fuElhg eligibility conditions laid downin the Act. The nominationshall be in - - form 10. Every nomination paper duly completed and signed by the proposer and the seconded and subscribed by the candidate himself as consenting to the - nomination shall be delivered to the returning officer on or before the date - appointed for receipt of nomination papers. Nomination papers received after the time so fixed shall be summarily paper record thereon the date and time of . - - its receipt by him. Only registered practitioners registered with the Council, whose name appears in the electoral roll, can be nominee, proposer and seconded. There shall be a non-refundable fee of one thousand rupees for each nomination payable by the candidate through a Bank Draft favouring "Nagaland Medical Council" along with the nomination paper. This fee may be revised by the Government &om time to time. 13. Scrutiny of nomination papers- Onthe date and time appointed for scrutiny of nomination papers, the candidates and his proposer and seconded may attend the proceedings at the appointed time and place. The Returning Officer shall examine the nomination papers and completes the scrutiny. On completion of the scrutiny of the nominations and after the expiry of the period within which a candidate may withdraw his candidature, the Returning Officer shall forthwith under his signature place on the notice board at the office of the Council a list of the contesting candidates. 14. Polling - If the number of contesting candidates does not exceed the number of vacancies to be filled in, the Retuming Officer shall forthwith declare such candidates as duly elected to fill such vacancies without any polling and report the names of such candidates to the Government. When there are more contesting candidates then the existing vacancies, the election shall be conducted within the stipulatedtime. The Retuming Officer shall arrange for polling by printing ofballot papers with the names ofthe contesting candidates entered in alphabetical order. The voter shall produce proof of identity and residence at the time ofpolling. The identity proof may be in the form of regiskation certi6cate issued f?om the Council, passport, and electoral card, driving license or any other photo identity card issued by the Government. 15. Custody of ballot papers- The ballot boxes shall be kept in a safe custody of the Returning Officer and shall not be open till counting of votes begins. 16. Counting of votes and declaration of results of elections- The scrutiny and counting of votes shall be undertaken by the Returning Ofticer at the time, day and place appointed. Acandidate and not more than one representative, duly authorized by him, may remain present at the time of counting of votes. After the counting ofvotes is completed, the Returning Officer shall forthwith declare the result of election. If there are an equal number of votes in favour of two or more candidates for one vacancy. the election shall be determined by the - " Returning Officer by draw of lots in the presence of the candidates or their reuresentatives. The Returning OEcer shall communicate the result of the election - to-the Government who shall notify the cofistitution of the new Council. After the declaration of the result, the Returning Officer shall seal the ballot papers and all other documents relating to the election and shall retain in the same with himself in safe custody for a period of six months and thereafter cause them to be destroyed. 17. Election of President and Vice-President- As soon as possible as and not later than fifteen days after the constitution of the new Council, the inembers shall elect the successor President and Vice-President of the Council from zinong themselves in ameeting ofthe Council to be held at Nagaland. his meeting s ' n i be convened and conducted by the Registrar. The election of President andvice- - President shall be by a majority of votes of the members present. CONDUCT OFBUSINESS OF THE COUNCIL 18. Power to appoint committee/ Sub- Committees- The Council may appoint committee/Sub Committee to carry out the hctions of the Council. 19. Calling of meetings- The Council shall meet on such date, time and place as maybe fixed by the President. The President may, whenever he thinks fit or upon a written requisition of not less than one third members call an extraordinary meeting. The President and the Registrar shall discuss and decide the agenda for themeeting. 20. Notice for calling at meeting- AU members ofthe Council shall be given thirty clear day's notice for an ordinary meeting and ten clear days' notice for an extraordmary meeting. Every notice shall also be passed at the OEce ofthe ComciL Such notice shall specify the date, time, place and agenda of the meeting. The Registrar shall send to all members a copy of the notice. 21. Motions for insertions in agenda- Any member may send a motion to be included in the agenda for an ordinary meeting so as to reach the Registrar twenty clear days before the date fixed for such meeting and seven clear days in case of extraordmary meetings. The President and the Registrar shall discuss and decide whether or notto include such motion1 motions in the agenda, and where any motion is disallowed, the reason for doing so shall also be communicated along with the agenda to the members who sent the motion 22. Attendance of the meeting- At eachmeeting, an attendance register shall be placed in the meeting room and every member present shall sign against his name in the register. 23. Business to be transacted at meeting- At any meeting, no business or proposition other thenthe specified in the agenda shall be taken up, provided that the President, in his discretion, may permit any business or proposition to be discussed which is of anurgent nature and which was not entered in the notice for meeting. 24. Minutes of the meeting-The minutes of the meeting shall be recorded by the Registrar and the same shall be kept in the office of the Council. 25. Approval ofwritten proposal by fhe circulation- Whenever it appears necessary to the President to consider a proposal by circulation, he may, instead of convening - ameeting, direct the ~ e ~ i s c a r to circulate awrittenpropo&il for the observation and votes of the members ofthe Council and then decide onthe basis of majority. EXECUTIVE COMMITTEE 26. Constitution- The Executive Committee shall consist of five members. The President ofthe Council shall be Ex-Officio Chairman ofthe Executive Committee. The Council shall elect the other four members ofthe Executive Committee from amongst themselves as follows- a) One member to be elected fiom amongst members nominated under Clause(a) of sub-section (3) of Section 3 of the Act b) One memberto be el& from amongst members nominated under Clause (b) of sub-section (3) of Section3 of the Act c) One member to be elected &om amongst members nomina-ted under Clause (c) of sub-section (3) of Section 3 of the Act d) One member to be selected fiom either Dean of Medical Faculty of the University of Nagaland or Director of Health Services of the Government. 27. Calling of meeting- The Executive Committee shallmeet on suchdate, time and place as may be fixed by the President. The President may, however if he thinks fit and shall, upon a written requisition by not less than three members call an extmordmq meeting ofthe Executive Committee on short notice. The President and the Registrar shall discuss and decide the agenda for the meeting. 28. Notice of the meeting- All members of the Executive Committee shall be given seven clear days' notice of an ordinary meeting and three clear days notice in the case of an extraordinary meeting. Such notice shall specify the place, date and time ofthe meeting and state whether the meeting is a general meeting or a special meeting and the business to be transacted threat. The Registrar shall send to all Members a copy of the notice. 29. Attendance at meeting- At eachmeeting, an attendance register shall be placed - - - in themeeting room and every member present shall sign against his name in the register. Attendance ofthree members ofthe Executive Committee shall constitute a quorum 30. Business to be transacted at meeting-At any ordinary meeting and in case of extraordinary meeting no business other than specified in the notice calling such meetings shall be transacted provided that the presiding authority may permit any business to be discussed which is of theurgent nature and which was not entered in the notice for meeting. AU questions at themeding ofthe Executive Comrc~ftee shall be decided by amajority of the members present and in consultation with the Registrar. 31. Minutes of themeeting- The meeting ofthe Executive Committee meeting shall be recorded by the Registrar and the same shall be kept in the office of the Council. 32. Complaint against medical practitioner-The Councilmay inquire into complaint against medical practitioner either suo motto or on the basis of any complaint made to the Council in respect of misconduct or negligence of any medical practitioner for the purposes of the Act through the Disciphmy Committee. The Proceedings shall be conducted by the Registrar in the presence of Chairman, Disciplinary Committee and at least two members thereof sitting together. The complaint shall contain the following particulars- (a) the name, description and address of the complainant; (b) the name, description and address of the opposite party or parties, as the case may be, as far as they can ascertained; (c) the facts relating to the complaint, whenthe cause of action arose and what are the grounds or causes of the complaint; (d) the documents in support of the complaint if any; (e) the relief which the complaint claims. No complaint shall be entertained unless it is in writing and signed by the person making it. The complaint shall be verified by the complainant. The complainant shall file six copies of the complaint along with such number of copies as there are opposite parties in the complaint. All anonymous and fkivolous complaint shall be rejected. Procedure on receipt of complaint- The Council shall on receipt of a complaint- (a) Refer a copy of the complaint to the opposite party mentioned in the complaint directing him to give his version of the case within a period of fifteen davs of receivt of copy of the complaint. . * - (b) Where the opposite party on receipt of a complaint referred to him under Clause (a) denies or disvutes the allegations contained in the comvlaint, . , - or omits or fails to take any action to represent his case within the time given by the Council, the Council shall proceed to adjudicate the complaint- (i) On the basis of evidence brought to its notice by the complainant where the opposite party omits or fails to take any action to represent his case within the time given by the Council, or (ii) On the basis of evidence brought to its notice by the complainant and the opposite party, where the opposite party denies or dispute the allegations contained in the complaint. (c) On the date of hearing or any other dates to which hearing could be - - adjourned, it shall be obligatory on the parties to appear before thz Council. Wherc thc complainant fails to appcar hcforc thc Cour~cil on such d v s , the Council may in its discretion either opposite party fails to apprar on the date of hearing. the Council mav decide the complain! ex-pane. - (d) The decision ofthe inquiry shall be implemented and communication to the respective parties and to other as may be required. In case there is any difference of opinion amongst themselves, the opinion of the majority shall be the decision. CONDITIONS OF SERVICE OF REGISTRARIDEPUTY REGISTRAR AND OTHER STAFF AND THE SUPERVISORY POWERS AND DUTIES OF REGISTRARIDEPUTY REGISTRAR 33. Appointment of RegistrarIDeputy Registrar. (a) The post of Registrar / Deputy-Registrat shall be permanent. The post of Registrar shall be in the basic pay equivalent to the basic pay scale of Chief Medical Officer of the State Services and the post of Deputy Registrar shall be in the basic pay scale equivalent to the basic pay scale of Deputy Director of the State Health Services. (b) The Council shall be the appointing authority for the post ofRegisbx/Deputy Registrar and the RegkhxiDeputy Registrar shall bethe appointing authority for all other appointments in the Council. (c) The post of Registrar shall be fdled by the Council by promotion of Deputy Registrar. The post of Deputy Registrar shall be filled by the direct selection by the Council from amongst suitable candidates having minimum qualification of M.B.B.S. with minimum of ten years experience after M.B.B.S. in Governmentmublic SectoriPrivate Sector or nractice. and with maximum age limit of fifiy years on the date ofapplication, candidates with Post-Graduate qualifications shall be given preference. d ) The RegisuarlDeput) Registrar shall draw allowances equivalent to allowances admissible to similar vosts in the Government like dearness allowances, house rent allowance, city compensatory allowance, transport allowance, conveyance allowance, non-practicing allowance, academic allowance, Post-Graduate allowance, travelling allowance, daily allowance, etc. The leave entitlement and travelling entitlement shall be similarto that of employees of Government in similar posts. 34. Functions of RegistrarlDeputy Registrar. The RegistrarlDeputy Registrar Shall Perform statutory functions as prescribed under the Act and these rules. Further, he shall conduct and have charge ofthe correspondence of the Council and shall - issue all requisite notices in the manner required under these rules. As Executive Officer ofthe Council, he shall be the competent authority to sanction all financial transactions. The Registrar or any other officer functioning as Registrar or his nominee shall be authorized to lodge complaint in the Court cases onbehalfof the Council with the assistance of an advocate. 35. Appointment of other staff members. The appointing authority may consider in situ-~romotions of the staffmembers. The staff members shall draw pay and - allowances eauivalent to similar vost in the Government and shall be elisble to A - draw allowance, house rent allowance, daily allowance, etc. The leave and travelling of the staffmembers shall be equivalent to that of emnloyees of Government in - similar posts. The appointing authoritymay also appoint staffmembers oncontract basis. 36. Retirement. The normal age for retirement for all employees shall be as applicable to the employees ofthe Government. The council may, grant extension of service to any employee for periods not exceeding one year at a time and not more than two suchextensions shall be allowed to anyone even in exceptional circumstances. 37. Resignation. (a) The Registrar may resignhis office by giving three monthsnotice in writing to that effect to the President and such resignation shall take effect h m the date of acceptance of such resignation by the council. If he leaves his ofice without giving any notice as aforesaid, he shall be liable to deposit an equivalent to total emolumentspayable in lieu of such notice. (b) Any other employee ofthe Council may resignhis office by giving one month notice in writing to that effect to the Registrar if he is temporary, and three months notice ifhe is permanent and such resignation shall take effect om the date of acceptance thereof. In the case of failure to give required notice, the employee shall be liable to deposit an amount equivalent to total emoluments payable in lieu of notice period. 38. Termination of Service. The Council may terminate the service ofany employee otherthanthe Registm/DeputyRegistm, a h d u e to enquirygiving such employee fair opportunity to explain as to why his services should not be terminated. The Council may impose any other giving such employee a show cause notice. The Council may, with the previous sanction of the Government terminate the service of the RegistrartDeputy register as per the procedure laid down under the Public Servants (Inquiries)Act. 39. Provident fund, gratuity and other terms of service. The Council shall establish a provident fimd and provide for gratuity, in accordance with the statutory provisions. Other terms of service like leave, leave encasement, leave travel concession, etc., shall be similar to those applicable to the employees of the Government. The Council shall provide medical insurance policy for the staff members &their dependant family andwillalso~eimburse a sumup to a maximum offdteen days basic pay of an employee per year for out-patient medical treatment for himself and his dependent family. 40. Maintenance ofAccounts and other registers (a) The Council shallmaintain the following registers:- (1) Cash Books (2) Ledger (3) Stock register (4) Receipt books (5) Register for grants (6) Voucher files (7) Attendance roll (8) Register of leave accounts (9) Service books and (1 0) Other register as may be necessary (b) The annual accounts shall be audited in accordance with statutory and administrative requirements as applicable. (c) Bank Account of the Council shall be openedNationalized/Scheduled Banks. The RegistrariDeputy Registrar and the Accounts Officer of the Council shall be the authorized signatory of Bank Accounts of the Council. (d) The Council may deposit its own hnds in fxed deposits inNationalized1 Scheduled Banks or may invest its own funds in any of the securities specified by the Registrar. 41. Migratioflransfer - request for migration to another Medical Council shall be considered by the Council and after the approval by the Council, "No Objection" Certificate. shall be issuedby the Registrar on receipt of application along with the fees as prescribed. 42. Certif~cate of good standing Certificate of good standing may be issued by the Registrar to registered practitioners on receipt of an application along with fees as prescribed provided that no enquiry is pending against the applicant. The register shall be valid for aperiod of sixmonths fiom the date of issue. 43. Honorarium for attendance of meetings Asum of five hundred rupees per meeting shall be payable as honorarium to Members of the Council, Executive Committee or co-opted members fiom outside/assessor for attending meetings. This amount may be revised fiom time to time by the Council. 44. Fees (a) Fee shall be levied by the council as shown below: For recording change of name in (b) The above fee structure may be revised komtime to time. 12 13 (SENTNANGER IMCHEN) Commissioner & Secretary Health & Family Welfare Nagaland, Kohima Annual listing fee for enlq ofname inthe website For issue ofNo Objection Certificate Five hundred rupees Five hundred rupees STATEMENT OF OBJECT AND REASONS In the interest of safety of life, it is deemed appropriate that health care system in the State is properly regulated. The Modem Medical care cannot be provided without the help of Medical personnel. And whereas, there are laws for laying down standards and creating bodies for enforcement in the case of Medical Personnel. And the best way to regulate Medical Personnel is through the State Medical Council Act. In the recent years, there has been rapid growth of private Medical Institution in the State. There is no regulation by any professional body over Laboratory and Diagnostic centres. Accordingly, it is felt expedient to establish a Medical Council to superintend, overthe allied health professionals and its institutions with the powers to recognize, register, lying down norms and standards for various courses and trainings, uniform curricula, physical and inhstmctural facilities, staffingpattem and staffqualilication, quality instruction, assessment and examination system. (IMKONG L. IMCHEN) MINISTER Health & Family Welfare Nagaland APPENDIX -A FORMAT FOR REGISTER OF MEDICAL PRACTITIONERS Photograph registered practitioner Dateof Billh Address Residential Gender SI No Nationality Father's Name Name Mothers Name (ddlmmlyy) 7 1 2 5 Address 8 6 3 Telep Hone No./ Fax No./ E-mail ID 1 4 Category (Gener AIIAPST) 12 Qualification General Degree Medical Degree Permanent Address 9 Professional Address 10 Description d Qualification 17 lnilal of Registrar 28 Year of Qualifi- cafionl Completion Internship 20 Medical College1 instittik 18 Description of Qua- lification 13 Remarks 29 APMCRegistration MCI Registration If any Board/ University1 Licensing Body 19 InsNution 14 Boardl Univer- sity 15 26 Registration in other state, if any 21 Yearof Quali- b ~ m 16 27 23 22 24 25 FORM - 1 Application form for Direct Regishation Receipt No ............ Date .................... (For office use) To, The Registrar, Nagaland Medical Council, Photograph of the regis- practitioner Sir, I hereby request that my name and other particulars mentioned below may be entered in the StateRegister ofNagalandMedicd Council as requiredunder section of Nagaland Medical Act 2014. 1. Name of the Application (block letters) 2. Father's I Husband'sName 4. Gender 5. Nationality 6 . Date of Bii(date, month, year) 7. Address (a) ResidentialAddress (b) PermanentAddress (c) ProfessionalAddress 8. TelephoneNo./MobileNo.lFaxNo./EmaiIID 9. Categov (General IAPST) 10. Qualifications (b) Medial Degree (a) General Degree 1 1. Details of Internship (include separate sheet, if require) 12. MCI RegistrationNo. & Date(if any) 13. (a)RegistrationNo. & Date, if any in other State @)Authority under who registered 14. (a) BankDraftNo. &Date 15. (b) Draft Prepared fiom(Bank) I submit herewith original certificates for verification and submit attested copies of the same certificates if registered elsewhere (MCI and other State) (i) Bii CertiticateA4atricnlate Certificate/SSC Exam certificate with date of birth. i MBBS Degree / Post Graduate Degree / Diploma / Post Doctoral Degree /any other i State Medical CounciVMedical Council Of India Registration certificate with MBBS Qualitication. (iv) O r i d Internship Completion C d ~ c a t e . (v) Other evidence in support of my having obtainedthe qualification which Ipossess. (vi) No Objection Certificate fiom State Medical Council where earlier registered. (viii Three recent passport size photographs with name and signature at the backside (viii) Bank Drafts Rs 1000/- (Rupees One Thousand Only) in favour of 'Nagaland Medical Council'. (a) In case of eesh registration. (i) Birth Certificate / Matriculate Certificate / SSC Exam Certificate with date of birth. 6) MBBS Degree / Post Degree /Diploma/ Post Doctoral Degree. (iii Original Internship Completion Certificate. (iv) Other evidence in support ofmy having obtainedthe qualification which1 possess. (v) Three recent passport size photographs withname and signature at the backside. Year of QmMication Name of the Boardl University Year of Qwhfication /completion of Internship Name of the School/ College/ Institution S1 No Name of the Boardl University Description of QuaMotion Name of the School College/ Institution Sl No. Description of QuaWication (vi) Bank Draft of Rs I000/- (Rupees One Thousand only) in favour of 'Nagaland Medical Council'. DECLARATION I solemnly affm and declare that the particulars furnished above by me are true to the best of my knowledge and belief and I undertake to abide by the code of conduct & Ethics ofNagaland and Indian Medical Council and by Rules ofNagaland Medical Coulcil. Date. ....................... Signature of the Applicant. (For office use only) Received the above documents in original) ....................... Signature of registered person Name ................................................................. Date ................................................................... FORM 2 REGISTRATION CERTIFICATE CERTIFICATE OF REGISTRATION This is to certify that. 1. Dr ...................... (Whose sign is in box) , son/daughter/wife of ........ ............. ............ ............................ Born on I.. / (date/month/ye) possessing .......................... the qualification(s) Has been duly registered under the Nagaland Medical Council Act 2014. ................................... 2. Dr has solemnly bed to abide by the rules and Regulations of Nagaland Medical Council Rules, 2014 and ethics ofNagaland Medical Council (professional conduct, etiquette and ethic) Regulations. 3. In witness whereof, the seal of the Nagaland Medical Council and the signature of the Registrar is herewith &ed. 4. subject to the provision of the said Act this certificate is valid up to aperiod of S(five) years fiom this date. Date. ................................ Signature of Registrar Wlth seal ADDITIONAL QUALIFICATION: Registration Renewed: Date: Renewal seal Signature of Registrar with seal -595- Signature of Register with seal Date of Regishation in APMC Register S1 No. Descriptionof QwMcation Important Notice: 1. Registered Medical practitioners should sent immediate notice to the Registrar of Nagaland Medical Council if there is any change in the registered address. 1. The Registration must be renewed before the expiry of 5(five) years from the date of last registration or renewal.. 2. M e r the publication ofnames in the printed medical Register, the last additionof the Register alone is legal evidence of Registration 3. The Registered practitioner shall display the Certificate of Registration in a conspicuous part in place of hisher practice, if he or she has more than one such places, in any one of them FORM 3 APPLICATION FORM FOR CONTINUATION OF NAME IN THE REGISTER Receipt No ................ .......................... Date To, The Registrar, Nagaland Medical Council passport photograph Sub: Continuation of name in the Register Sir, I request that my name may be continued in the State Register maintained by Nagaland Medical Council 1. Name of the Applicant (block letters) 2. Father's Name 1 Husband's Name 3. Mother's Name 4. Gender 5. Date of B i (date, month, year) 6. Naiionalily 7. Category (General IAPST) 8. Address Residential Address Permanent Address Professional Address 9. TelephoneNo./MobileNo./FaxNo.IEmail ID 10. Details of QuaMcation 11. NagalandMedical Council Registration: Certificate No. &Date 12. Present Occupation 9 No. I submit herewithorid certificates for vedicationand submit attestedcopies of the same certificates: (a) Two recent passport size photographs with name and signature at the backside. (b) Nagaland Medical Council Registration Certificate (c) MBBS DegreeIPost Graduate Degree/DiplomalPost-Doctoral Degree Certificate. I hereby submit a Bank Draft No ........................ Dated ................... prepared .................... from (Bank) for Rs 1000/- (Rupees One Thousand) as non-refundable fee in favour of 'Nagaland Medical Council' (in case of late fee) Description of Qualijication I hereby submit a Bank Draft No ..................... Dated ................. Prepared from (Bank) ...................... for Rs .......................................... Being the late fee as non-refundable fee in favour of 'Nagaland Medical Council' Name of the School/ College! Medical Institution examinaton Name of the BoardlLTnive- rsityficensing Body passing Year of completion of Internship in any other case year of DECLARATION I solemnly affirm and declare that the particulars furnished above by me are true to the best of my knowledge and belief and I undertake to abide by the code ofconduct &Ethics ofNagaland Medical Council and IndianMedical Council and by the Rules ofNagaland Medical Council Date: Signature of the Applicant (For office use only) Received the above documents in on&. Signature of registered person ............. Name ...................................................... Date ........................................................ FORM 4 FORM FOR GENERAL NOTICE General Notice is hereby given to all Registered Practitioners included in the State Register ofnagaland Medical Council under the Nagaland Medical Council Act, 201 4 whosevalidation of Registration i.e. 5 years have been completed, they have make an application to theRegistrar for continuance of their name inthe said Register as provided in Rule ofNagaland Medical Council Rules, 2014. Individual notices along with the prescribed fiom of application are being sent under Certificate of posting to evety suchregistered Practitioner to the address in the said Register. An application in Form-2 for continuation of the name in the Register should be rehuned to the undersigned duly completed within 45 days of the issue ofthe notice. Any Registered Practitioner not receiving the form by post may obtain it fiom the Register. Date: Yours faithfdly Registrar, Nagaland Medical Council, Nagaland FORM - 5 Notice for continuation of Name of the Register To, Dr. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sub: Individual Notice for continuation of name in theNagaland Medical Council Register Sir, Notice is hereby given to you calling upon to return the enclosed application form (FormNo -2) duly filled in by you to the Registrar within 45 (forty five days) for continuation of your name in the State ofNagaland Medical Council. Yours fa* Registrar, Nagaland Medical Council, Nagaland FORM - 6 APPLICATION FOR REGISTRATION OF ADDITIONAL Q U ~ r n C A T I O N Receipt no.. .......... Date. .................. (for office use) passport Size photograph attested The Registrar, Nagaland Medical Council Sub: Registration of additional quaMcation Sir, I am aregistered practitioner ofNagaland Medical Council and my Registration No is ........................................................................................... I have acquired an additional qualification in modem system of medicine and desire to register the same. My particulars are as under Name of the Applicant (block letters) Father's /Husband's Name Mother's Name Gender Dater of Birth(date month, year) Nationality Category (General IAPST) Address a. Residential Address b. Permanent Address c. ProfessionalAddress 9 TelephoneNo.NobileNo./Fax. No./Email ID lo. Details of QuaUications I hereby submit aBank Draft .................................. No ........................................... Dated. Obtained from (Bank) .............................................. for Rs 5001- (Rupees Five Hundred) non- refundable fee in favour ofNagaland Medical Council. DECLARATION Year of obtammg the quaWication I solemnly affirm and declare that the particulars furnished by me are true to the best of my knowledge and belief and I undertake to abide by the code of conduct& Ethics of Nagaland Medical Council and IndianMedical Council and by the Rules of Nagaland Medical Council. Name of the University/ Licensing body Date Signature of the Applicant Name of the College1 Medical of Institution Sl No. Description of QuaWCation Note: 1. Copies ofrelevant additional qualificationmay be submitted, withthe application along withorigds, which would be returned after verification. 2. Only post Graduate qualiication(s) recognized by the Medical Council of India would be enteredin the Register. 3. Entries of additional qualification(s) would be entered only for those persons who uossess areeisterable basic medical aualiicationas included in the schedule to the indian ~edTcal council ~ c t 1956. A 4. The certificate of Registration withNagaland Medical Council shall be required to be submitted, in oriynal, with this application. 5. Two recent passport size photographs with name and signature at the backside. 6 . Bank DrafI for Rs. 10001- (Rupees One Thousand) in favour of Nagaland Medical Council (nonrefundable) (for ofice use) Received the above documents i n o r i g d ................ Signature of registered person Name ............................................... Date ................................................. FORM - 7 APPLICATION OF RESTORATION OFNAME IN THE REGISTER ........................ Receipt No.. Date ................................. (For office use only) To, The Registrar, Nagaland Medical Council, photogmph attested Sub: Restoration of name in the Register. Sir. 1. I , .............................................. the undersigned ............................................... ....................................... ( 1 name and address) holding qualification of ........................................................ do solemnly declare that the following are *facts of my case onwhich I seek restoration of my name in the Register. 2. My name was duly registered in the State Register of ............................... .................................. Having registration number .................................... (Name of the State) ....................................................... D a d ................................... 3. My name was duly registered inthe State Register ofNagaland Medical Council on ................................................ Having registration number ......................................................................................................................... 4. At an enquiry on the ................................ Day of ................................. : by the Council/Board/Committee of .......................................... my name was directed to be removed from the State Register and the offence(s) for which the Council/ BoardICommittee of ............................................ directedremoval of my name waslwere.. .............................................................................................. 5. Since the removal of my name from the Register, I have been residing at ................................................................................................ And my ........................................................................................ occupation has been 6. It is my request that my name be restored in the Register of .................... ............................................................................................................... State. 7. The grounds for the present application are: 0 CW 8. The prescribed fee of Rs 10001- (Rupees One Thousand) deposited by Bank drafi No. ................................... Dated.. ................................. In favour ofArunachal Pradesh Medical Council 9. Irequest that orders may be passed for restoration ofmy name in the State Register of .......................................... (State) 10. I submit three recent passport size photographs. 11. I submit Nagaland Medical Council Registration Certijicate in on@. Declared at ........................... Before.. ............................... Signature (for office use only) Received the above documents in o r i d . ............... Signature of registered person Name.. ............................................. Date ................................................ *(Instructional): All facts and the grounds on which the application is made should be clearly and concisely stated. Use separate sheets if necessary) APPLICATION FOR PROVISIONALREGISTRATION .................... Receipt No.. Date. ............................. (For office use) To, The Registrar, Nagaland Medical Council. Sub: provisional Registration. photogmph attested Sir, I hereby requestthat my name and other particulars mentioned below may be entered in the State Provisional Register of Nagaland Medical Council as required under section of the Nagaland Medical Council Act 2014. Name of theApplication(b1ock letters) Father's 1 Husband's Name Mother's Name Gender Date of Birth (date, month, year) Nationality Category (General /APST) Address a. Residential Address b. Permanent Address c. Professional Address Telephone No./MobileNo./Fax No./Email ID Details of Qdiication a) General Decree: b) Medical Degree: S1. No 1 1. Name of the Institution where applicant has been Selected for practical training (whether the Hospital Or Institution) where such training is to be undertaken is recognized by the Medical Council of India Description of QuaMcation S1 No. 12. Name of the Medical College attended ........................................... I hereby submit a Bank Draft No Dated .................................. obtained fiom (l3ank) .......................................... for Rs 5001- (Rupees Five Hundred) as non refundable fee in favour of Nagaland Medical Council. Name of the SchooV College Roll No/ Regidtation No. Name of the Boardl University Name of the Medical College 1 Institution Year of QuaMcation Name of the University/ Licensing Authority Year of passing DECLARATION I solemnly a f f i and declare that the particulars furnished above by me are true to the best of my knowledge and belief and Iundertake to abide by the code of conduct & Ethics ofNagalandMedical Council and by the Rules ofNagaland Medical Council. Date: Signature of the Applicant Note: 1. Application to be submitted at the office of the NagalandMedical Council along with three recent passport size photographs. 2 . Provisional degreeldiploma or provisional certificate ofhaving passed the hfBBS examhation issued by the Dean of the CollegeNniversity in original along with relevant copies be f o m d e d with this application. The o r i g d will be returned with the provisional certificate of registration. 3. Certificate of date of birth 4. Bank Draft for Rs 5001- (Rupees Five Hundred) in favour of 'Nagaland Medical Council'(non refundable) (For off~ce use) Received the above documents in original ........................ Signature of registered person Name.. ...................................................... Date.. ....................................................... FORM - 9 FORM FOR CERTIFICATE OF PROVISIONAL REGISTRATION passport photograph attested CERTIFICATE OF PROVISIONAL REGISTRATION This is certifj that .................................................. ..(who has signed in the box son/ daughter of SMSmti.. ....................................... havingpassed the final ................................................ MBBS - examination (Date) from .............................................. (Medical College) affiliated to the University of.. ........................ has been given Provisional Registration under theNagaland Medical Council Act, 2014, for the purpose of practical training (Internship1 .............................. .) in ...................... In witness whereof, the seal of theNagaland Medical Council,Nagaland and the signature of the Registm are herewith e e d . Subject to the provisions of the said Act, this certificate is valid up to.. ............ orthe completion of Internship, whichever is later. This holder shall be entitled to practice medicine in the approved institution for the purpose of such training and for no other purpose. Date. ................................. Signature of Registrar With seal *Institution 1 hospital N.B: This certificate is to be surrendered to the Council at the time of Find Registration. Appendix - B FORMAT FOR PROVISIONALREGISTER OF MEDICAL PRACTITIONERS SI No 1 2 Name Telephone No1 Fax No./€-mail ID 11 Mother's Name 3 Qualification Hospital1 Institution selected for Practical training (Internship) 21 Fathers Name 1 Husbands Name 4 General Degree Gender 5 Date of Birth (ddlmmlyy) 6 Description of Qualifi- cation 12 Medical Degree Name of Medical College attended 22 Description ofQualifi- cation 16 Nationality 7 Institution 13 Initial of Registrar 23 Medical College1 Institution 17 Remarks 24 Categwy (GenerallAPST) 8 Boardl University 14 Year of Qualifi- caton 15 Roll No./ Regis- W o n 18 Address Residential Address 9 Permanent Address 10 Board1 University Licensing Body 19 Year of Qualifi- cation 20 Form - 10 Nomination Paper (To be fffled by the Candidate) Bank Draft No .......................... Date ........................ Amount ..................................................................... passport photogmph attested I am registered practitioner of the Nagaland Medical under Registration No.. ................... and hereby offer my candidature for election as Member of Nagaland Medical College, I further declare that I shall work for Nagaland Medical Council Selected. 1. Name of the Candidate (in block letter) (As it appears in the Nagaland) 2. Father's Name 3. Sex 4. Age 5. Present Address 6. Postal Address of the Candidate Date. Signature of the candidate .................................................. - ........................................................ (To be filled by the Proposer) I hereby propose Dr ................................. as a candidate for the forthcoming election to the Nagaland Medical Council. 1. Name of the Proposer (in block letters) : (As in the Nagaland) 2. Postal Address of the proposer: 3. Proposer's RegistrationNo. in the Nagaland Medical Council: Date. ........................ Signature of the Proposer. (To be filled by the Seconder) I second above nomination 1. Name of the Seconder (iblock letters): (As in appears in the Nagaland Medical Council Registration Certificate) 2. Postal Address of the Seconder: 3. Seconder's RegistrationNo. in the Nagaland Medical Council: Date. ............................ Signature of the Seconder ........................................................................................................ .- (To be fffled by the Returning Officer) . . ...................................................................... Serial No. of normnation paper ...................................... This nomination paper was delivered to me at my office on Date. ................................... (Returning Officer) Decision ofRetuming Officer (Returning Officer) Date.. ...................................... Instruction (i) Nomination papers which are not received by the Returning Officer before ........................ ......................................... (hour) On the Shall be rejected. (ii) The names of the proposer and seconder as they appear in the State Register of Nwaland Medical Council and their registered number shall be clearly written - - below theirrespective signature. (For office use only) Received the nomination paper Signature of Returning Officer ..................... Name ............................................................... ................................................................. Date FORM - 11 Letter of Intimation to the Voters Election to the Nagaland Medical Council 1. The persons, whose name are printed on the voting paper sent herewith, have been duly nominated as candidates for the election to the Nagaland Medical Council. If you desire to vote at the election, I request that you shall- (a) Fill up and sign the declaration paper.; (b) Mark your votelvotes in the columnprovided inthe votingpaper as directed on the votingpaper; (c) Enclose the voting paper in the smaller cover (hereafter called the voting paper cover) and stick it up; and (d) Enclose the smaller cover and the declaration paper in outer envelope addressed to me and return the same to me by post or deliver it in person in my office so as to reachme not later than2:OO P.M. onthe ................. of year .................... 2. The voting paper cover shall rejected if- (a) The outer envelop enclosing the voting a v e r is not sent by post or delivered in person in my office or is received later than the day and hour fixed for closing ofthe poll; or (b) The outer envelope contains no declaration paper \outside the voting paper cover; or (c) The declarationis not signed by the elector, or (d) The declaration is not signed by the elector; or (e) The voting paper is places outside the voting paper cover; or (0 More than one declaration or voting cover have been enclosed in one and the same outer envelop. 3. A voting paper shall be invalid, if; (a) It does bear the Returning Officer's initials or facsimile signature; or (b) The voter signs his name, or writes any word or makes any mark by which it becomes recognizable as his voting paper;or (c) No vote is recorded thereon; or (d) The number of votes recorded thereon exceeds the number of seats to be med; or (e) There is uncertainty of the vote exercised. 4. Ifavoter inadvertently spoils avoting paper, he can relwn it, not later than seven days before the date appointed for the poll, to the Returning Officer who shall, if satisfied of such inadvertence, issue to him another voting paper. 5. The d y and counting of votes shall begin on ................ (date) at ............ (hour) at ......................... (place) 6 . No person shall be present at the time of scrutiny and counting of votes except the Returning Officer, such other persons as he may appoint to assist him and the candidate or their duly certifiedrepresentative(s) under clause of the Nagaland Medical Council Rules 2014. FORM - 12 Voter's Declaration Paper Election of the Nagaland Medical Council Election of theNagalandMedical Council under section ofNagaland Medical CouncilAct, 2014. Serial No ...................................... Elector's Name ................................................................................... Number of State Register ofAllopath .................................................. ELECTOR'S DECLARATION I .................................... (Name in fdl and Designationif any) declare that I am electorfor the election toNagaland Medical Council by the electorate under section and that I have signed no other voting paper at this election. Station. ................................... State.. ..................................... ........................... Signature.. Voting Paper Election to the Nagaland Medical Council ............................ Serial No.. .............................................. (inwords*member(s) islare to be electedunder section Of theNagaland Medical Council Act, 20 14) Retuning Officer Seal and Signature INSTRUCTIONS 1. Each elector has number of votes as the number of members to be elected. 2. Each elector shall give only one vote at any candidate. 3. HeIShe shall vote by placingthe Mark 'X' opposite the name of the candidate I candidates to whom he wishes to vote. 4. Thevotingpapershallbeinvalidif- (a) It does not bear the Returning Officer's initials or facsimile signature; or (b) The voter signs his name or writes any word or makes any mark on it, by which it becomes recognizable as his voting paper; or (c) No vote is recorded thereon; or (d) The number of votes recorded thereon exceeds the number of seats to be till&, or (e) There is uncertainity of thevote exercised. *Number in words. DECLARATION OF RESULT OF MEMBER, PRESIDENT & VICE- PRESIDENT I hereby declare that Dr. ........................................ has been duly elected under sub-section of theNagaland Medical Council Act, 2014( ) As the Membermresident 1 Vice-President of The Nagaland Medical Council for a period of ...................... w.e.f ..................................... Place: Date: Returning Officer. FORM - 15 ELECTION OF PRESIDENT /VICEPRESIDENT Signature of Returning Officer INSTRUCTIONS 1. Each electorhas only one vote. 2. The elector should place the Mark (x) clearly opposite the name of the candidate of his choice. THE NAGALAND MEDICALCOUNCILACT, 2014 APPENDIX- C Nagaland Medical Council Declaration : Pledge At the time of registdon, eachapplicant shall be given a copy of the following declaration by the Registration and the applicant shall read and agree to abide by the same and atfirmed by the signature in of Registrar. 1. I solemnly pledge myself to consecrate my life to serve of humanity. 2. Even under threat, I will not use my medical knowledge contrary to the laws of Humanity. 3. Iwillmaintainthe utmost respect for hurnanliie from time of conception. 4. Iwill not permit consideration of religion, nationality, race, party politics or social standing to intervene betweenmy duty and my patient. 5. I will practice my profession with conscience and dignity. 6. The health of my patient will be my first consideration. 7. I will resuect the secrets which are confined in me. A 8. I will give to my teachers the respect and gratitude which is their due. 9. I will maintain by all means in my power, the honour and noble tradition of medical profession 10. I will treat my colleagues with all respect and dignity. 11. 1 shall abide by the code of medical ethics and enunciated in the Indian Medical Council (Professional Conduct, Etiquette and Ethics) RegulationRules. 12. I shall abide by the Rules of Nagaland Medical Council, 2014 and shall uphold the motto ofNagaland Medical Counci1i.e. Service, Knowledge and Ethics in its correct prospective as enunciated inRule of Nagaland Medical Council Rules. I make these promises solemnly, freely and upon honour. Signature.. ...................... Name.. ........................... Place.. ................................. Date. .................................. Address.. .............................. ........................................... ........................................... Pay Structure of Manpower for State Medical Council: SI No 1 2 Nameof Des~g- nabon Runn- ing Pay Band 3 22,320 18,600 15,810 7,680 5,680 4,750 Pay Band Grade Pay 4 7,600 6,600 5,700 2,600 1,900 1,300 N P A 5 7,480 6,300 - - - - 15600-39100 15600-39100 15600-39100 5200-20200 5200-20200 4400-17200 3 4 5 6 Dear- ness Allow- ance 6 26,928 22,680 15,487 7,402 5,458 4,356 Registrar UDA (D~stnct) LDA (District) OlPeon House Rent Allow- ance 7 3,740 3,740 2,151 1,028 758 605 P.P Allw 8 - - - - - - Nur. cal Allow- ance 8 - Medl Total 9 400 400 400 400 400 400 Gross 10 68,468 57,730 39,548 19,110 14,196 11,411 P /Tax 16 -- 208 208 208 208 208 180 Tdal Dedu- ction Amo- unt 18 - 208 208 208 208 208 180 Net Pay- able 19 68,260 57,522 39,340 18,902 13,988 11,231 Acq- nta- nce 21 -