The Odisha Medical Registration Act, 1961

The Odisha :~: G a z e t t e ~~ :m ~"";,. EXTRAORDINARY PUBLISHED BY AUTHORITY 0RJSSA ACT 18 OF 1961 1( TllE ORJSSA MEDICAL -REGISTRATION ACT, 1961] [Received the assent of :he Governor on the 3rd November 1961,first published in an extraordinary issue of the Orissa Gazette, dated the 10th November 1961} AN Acr TO PROVIDE Fafl THE REGISTRATION OF MEDICAL :PRACTITIONERS WHEREAS it is expedient to provjde for the registration of medical practitioners· in the State of Orissa and for matters connected therewith ; It is hereby enacted by the Legislature of the State of Orissa in the Twelfth Year of the Republic of India as follows :- . . t. (/) This Act may be called_ the Orissa M edica Shozt tiele. R · · · . extent and egxstratton Act, 1961.. · ~ -· . comniOIJcc- mcmt. (2) It extends to the· whole of the State of Orissa. (3) It shall come into fo~ce at on~: Provided that ~tion 33 sh.8.11 come into force2 on such date as may be appointed in this behalf by the State Government. . · . . : 2.. In this Act, u!J.less · the context otherwise Dctinitious requires- (i) "Councilu means the Council established under section 3 ; (ii) uhospital", ''asylums", u1nfirmaries0 , "dis­ pensaries", "1ying .. in-hospita1s" mean institutions where the methods of treatment carried on are approved by the Council established under this Act ; --------------L-~------......._~~---~- --· l. For the S~tCD1cnt of Objects and Rea5ons. sec Oiis:sa Go.:=ette. :E.xtra .. ordinarr. dated tht 2nd Septc'mbet 19151 (No. · 614) ani fot Rc?ort of Select Com.miUecp ie~ ibid, .. dac~ the 2Sth September 1961--(.No. 6S6). 2. Section 33 C3lJlC ioto•'force with ~ffcct"fro!D Che ht Decrmbcr 1967- vidc Notification No. 16970-H. dated the JJst.August 1967-publishcd jn Orisstt. Gautte~ Part 1II ~ated the 22nd September 19~~ ~ .. 1122.. · ~ · ............ ·.:... ... . '. ~ . ,,,.. ... ..- ~ ~ ,, I' I\ -.. - : ~ .:;~·::. ~.~ . .. ...... ... -.. .... • rt' . ~ .. ~ - . I. •r • • · •• ' ............ t:-' 374 THE OrusSA MEDICAL REGISTRATION ACT, 1961 [Or. Act 18 ( Secs. 3-4) (iii) "ll~cdicine" means the modern scientific medicine and Includes surgery and obstet­ rics, but does not include Veterinary medi­ cine or Veterinary Surgery or the Homeo­ pathic, the Ayurvedic or the Unani system of medicine; and the expression "Medical .. shall be construed accordingly ; (iv) "register" me_ans the register prepared and maintained under section 18 ; (v) "Registrar" means a Registrar appointed under section 17 ; (vi) "Registered practitioner" means any person registered under the provisions of this Act ~ and (vii) "President" and "Vice-President" mean respectively the President and the Vice­ President of the Council. E~tablisb· 3. A Council shall be established and called "the b~~ of Orissa Council cf Medical Regi_:;trntion" and such Colll!cil of Council shall be a body corporat..; and have perpetual itcC:~~:dlion. succession and a common seal and shall by the said name sue and '·be sued. Constitution or- tb.c Council. 4. (/) The Council shall consist of the following members, namely :- 1[(a) one member to be elected by each of the Academic Councils of the Utkal University, the Berhampur University and the Sambal­ pur University from amongst t4e members of their respective Faculty of Medicine;] (b) one member to be elected from amongst themselves by such members of the staff of each of the Medical Colleges- of the State as are-registered practitioners ; (c) three members to be elected- by the registered practitioners from amongst themselves : Provided that at least two of such members shall be persons not in the serrvice of any Government; (r!) (our members to be nominated by the Stati! · Governmenst. I. Substi1u1ed by t!:e O[fa:m Medical &.:gist-ration (Amendment) Act, 19~2 ( O:. <'I ·.·t 8 of 197-~J. ). 2. of 1961} THE 0RISSA MFDICAL REGISTRATION ACT, 1961 { Secs. 5-7 ) (2) If a person is elected as a member under more than one of the clauses of sub-section (1), he shall within such period as may be prescribed by rules made in this behalf, inform the Registrar under which of the clauses he, desires to be treated .as elected and thereupon he shall be deemed to have been elected under-that clause and the seat to which he was elected under any other clause sh11l be deemed to be vacant. Until he so informs. the Registrar he shall not be entitled to act as a member, and in the event of his failure to inform the Registrar within the prescri~d period every seat. to which he was elected shall be deemed to be vacant. (3) In making nomination under clause (d) of sub-section (I) the State Government shall have due regard to the claims of women, medical missions· and other groups. of practitioners, representatives of which have not been elected by the electorates referred to in clauses (a) to (c) of the said sub-section. 375 5. No person shall be eligible to be a m~mber of unregistered the Council unless he is registered under this Act. ziracl titbioncr no to e 11- membcr. 6. A person shall be disqualified for being elected J?isqual~ca- . d b f h c ·1 'f h t!OUS iOr or nommate as a mem er o t e ounc1 , 1 e- being eleet"d or nominated (a) has been sentenced by any court for any non~ as a member. bailable offence, such sentence not having been subsequently reversed or qiiashed (b) is an undischar~ed insolvent ; or (c) is not a cithen 0f lndia either residing or -carrying on his profession or employed in the State o: Orissa : Provided tint the disquaLification under clause (a) may be removed by the State Govern~ ment by an order made in that belialf. 7. (/) The term of office of a member elected Term or or nominated under sub-section (I) of section 4 ~~:0~~ or nominated under section 8 sha11 commence from the d~tc o'f publication of his name under section 9 and shall subject to the provisions of sections 10 and 11 extend to a periou of three years from such 376 THE 0RISSA-MED1CAL REGISTRATION ACT, 1961 [Or. Act 1 (Secs. 8·10) date, and shall include any further period which may elapse between the expiration of the said period of three _ years and the date of the first meeting of the newly constituted Council at which a quorum -is present. · (2) Any member shall, if not disqualified for any of the reasons mentioned in section 6, -be eligible - for re·election or re-nomination at the end -of his term .of office. t"omiilation 8.. If any of tl,te electora'te bodies referred to _ 1~ =Jrr!rin clauses (a), (b) and (c) of s-u~-section (1) of section _. . azecqqa, 4 f a.ils by such date as may be prescribed by rules · - -made in that behalf to elect a member, the State Government shall nominate a meinber in his place and any· -·person so nominated shall be deemed to r~ -a member as if he had been duly elected by such body. PqblJcation 9. The name of every member elected or nomi­ ~t n=·or nated under sub·section (/) of section· 4 or section mcm · 8 'shall be published in the Gazette. cesaauciii of 10. A member of the Council shall be deemed piomb,rs)Up. to have vacated his seat- (i) on sending his resignation in writing to the President or the Registrar ; or (ii) on his absence without excuse, suffi­ cient in the opinion of the Council, from three consecutive meetings of the Council~; or (iii) on his absence out of India for six con• secutive months ; or (iv) on his _becoming disqualified for elOO"' tiou or nomination as a member for any of the reasons mentioned in sec. tions 5 and 6 ; or 1f(v) in case he was elected under clause (a} or (h) of sub-section (/) of section 4, on his ceasing to uc: a member of the Faculty of Medicine of the University or to be a member of the Medical Col­ lege, as the case may be, which he represents.] 1. Substituted by tho Orissa McdicaJ Registration (Amendment) Ad, 1!172 (Or. Act 8 or 1972), a. 3. of 1961] THE ORISSA .M°JIDICAL REGISTRATION ACT, 1961 31'1 (Secs. 11-13) 11. (1) If any .mem?er d_ies, or ceases t? be ~a~~~-~~~~ a member as provided m section 10, the President prot:ee~io&s shall forthwith report the fact of the vacancy to the and fiJl_mg or vacancies. State Government and the vacancy shall be filled1 as soon as possible, by a fresh election or nomina­ tion, as the case may be, under sub-sectio.n (!) of_ sectiqn 4. · {2) The person so elected or nominated shail hold office for the unexpir"ed remainder of the term for which such member would other\.v:ise have ·continued ·in offiee. · {3} No act or proceeding of the Council· or of its members shall be deemed to be invalid by reason only of any vacancy in the membership. 12. The Council may permit any member to Leave of . absent ·himself· from any meeting of the Council ~c~c~rs~' for any period . not . exceeding six: months. · 13. (J) The members of the Council shall,, l'r~dcnt at their first meeting after the publication referred ~~ice­ to in section 9, elect from amongst themselves a 1 cot. President and a Vice-President in such manner as may be prescribed by rules made in that behalf'. (2) The aforesaid meeting shall be convened and conducted in such manner as may be pres­ cribed by rules made in that behalf {3) The President. and the Vice-President may resign their office by addressing a letter of resigna­ tion to the Council and the President respectively, which shall be placed before· the Council at its next meeting and such resignation shall take effect from the date on which it is accepted by the Council. (4) The President or the Vice-President shall be deemed to have vacated his office if be ceases to be a member of the Council. (5) As often as the office of the President· or the Vice-President becomes vacant by reason of death, resignation '·' or otherwise, the Council shall elect another member to be the President or Vice-Pre­ sident, as the ca&e may be, in such manner as may be prescribed by rules made in that behalf. 37R THF ORJSSA MEDICAL REGISTRATION AcT, 1961 l Or. Act l~ (Secs. 14-16) (6} The President and the Vice-President shall perform such functions as may be prescribed by ·rules made in that behalf. ' Executive 14. ( /) There shall be an Executive Committee Committee. of the Council .which shall perform such functions. i.s may be delegated to it by the Council. - Parmect of rees and lrlVCIJiDg expenses 10 members. _(2) ·The Executive Committee shall consist of the President and the Vice-President ·and·three other ~embers to be . elected by the Council. ($) The President and the Vice-President of the Council shall be the President and the Vice­ Presi~ent respectively of the Executive Committee. (4') The term of office of an elected member of the Executive Committee shall be one year from the date of ·his election· but subject to his being a member of the Council he shall be eligible for re­ election to the Executive Committee. (5) No business shall be transacted at any meeting of the Executive Committee unless at least three members are present. (6) The Council may make regulations for the conduct of busii;tess of the Executive Committee. 15. There shall be paid to the members of the Council such fees for attendance at meetings of the Council or of any special Committee or Executive Committee thereof and such reasonable travelling expenses for such attendances and for such journeys undertaken in the discharge of their duties under this Act, as may from time to time be allowed by the Council q.nd approved by the State Government. . , Meetings 16. (1) The Council shall make regulatfons to regulate--.- (a) the time and place at which their meetings ~ishall be held ; (b) the jssue of notices meetings ; convening - such of 1961] THE 0RISSA MEPICAL REGISTRATION Acr l%1 (Sec. 17) (c) the conduct of business thereat ; and (d) the' appointment, powers, duties and conduct of business of Special Com4 mittees : Provided that.- (i) no business shall be transacted at any meeting of the Council unless at least five members are present ; and (ii) save as provided in sections 20 and 27 all questions arising, at any meeting of the Council shall be decided by the votes of the majority of the ipembers poosent a.nd voting and in case of an equality of votes by the casting vote of the member presiding at the meeting. (2) Until such time as the regulations referred tQ .in sub-section (J.) have come .into operation, it shall be lawful for the President to summon a meeting at such time and place as to him shall seem expedient, by letter addressed to each member. 379 17. (1) With the previous sanction of the State Ro~trar aad Government the Council - :ri!~~~- (a)· shall appoint a Registrar ; (b) shall pay to the Registrar and to ~he person, if any, appointed to act in his place, such salary and such allowances as the Council ruay determine ; and (c) may appoint such other employees a.S they may consider necessary for carrying out the purposes of this ~ct, and shall pay them such salary aud such allowance as they may determine. (2) The Re&strar ·'shall act as Secretary to the Council and,. shall have the right to speak in and otherwise tak;~ part in the proceedings of the Council or any Committee thereof but shall not have the right to vote. the Cauncil. 380 THE 0RISSA MroICAL REGISTRATION ACT, 1961 [Or. Act 18 (Secs. 18-20) (3) Every person. appointed under sub-section (I) shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code. 45 of 1860 Orders.by 18. (1) The Council shall, as soon as may be ~l:i~~~!:e and from time to time as occasion may require, ori:egist.etor make orders for regulating the maintenance of a registered · t f · t ed. • • practitioneri. ~egis er o reg.is er practitioners. (2) The register shall be kept in such form as m~y be prescribed by rules. Main!enance 19. (/) The Registrar shall keep the register ~;r~~l:frar in accordance with the provisions of this Act and of · any order made by the CounciJ, and shall from time to time, make· all necessary alteration in the regi­ stered addresses or appointments, and the registered qualifications or titles of such practitioners and cause the name of any practitioner who has died, to be removed from the register. (2) In order to fulfil the duties imposed upon him by sub-section (I) the Registrar may send through post a letter to any registered ·practitioner addressed to him according to his registered address or appoint­ ment enquiring whether such practitioner has ceased to practise or whether his residence or appointment has been changed ; and if no answer to any such letter is received within a period of six months from its. despatch the Registrar may remove the name of such registered practitioner from the register : Provided that any name removed under this sub-section may be re-entered in the regist~r under the direction of the Councih Persons 20. Every person who possesses any of the referred to in qualifications referred to in the Schedule shall, ~tiif:::we·subject to the provisions hereinafter contai!1ed, be registered. and oa payment of such fees as may be prescnbed in this behalf by regulation, be entitled to have his name entered in. the register : Provided that the Council may refuse to permit the registration of the name of any person - (a) who has been sentenu:d. by any court _.:for any non-bailable offence, such sentence . not having ~n subsequently --reversod - or" quashed ; or of 1961] Tm ORISSA MEDlCAL REGISUlATION Acr, 1961 (Secs. 2 ~-. 23) (b) whom the Council,. after due enquiry, at which an opportunity has been given to him to ·be heard either in person or through an agent and which may, in _the discretion of the President, be held in camera, has found guilty, by a majorit)f of two-thirds of the members present and voting at the meeting · of any in· . famous ·conduct in bis profession : _ Provided that the disqualification under clause (a) may be removed by the State Government by an order made in tha~ . behalf. · 381 21. Every person who applies to have his name 1nronnatioo. d · t.. • t to be rur. entere tn tue regts et -- · . ulahed to the· (a) ·must ·satisfy the Regi_strar that he. is p_os- !~!:;u°"' sessed of some title or qualification tion for referred to in the Schedule · and- reaiatdtioa. . ' (b) must cofl-ectly inform the Registrar of tha dates on which he obtained the titles or qualifications - which e;ntitle him to c:;laim registration under this Act. 22. (1) Notwithstanding anything ·.contained in A,nn~11 t . - sections 20 and 21 every registered practitioner shall rcnewa ee. pay to the Council such annual renewal fee as-may be prescribed· in this behalf by regulations f9r continuance of his name o:n the . register. · (2) If the renew.al fee js not paid before the date to be appointed for the. purpose by the Council the Registrar shall remove the name of the defaulter from t4e register ; Provided that the name_ so removed may be re--entered 'ill the register on payment of the renewal fee in such manner and subject to ~uch . conditions as 'may be prescribed in this behalf by regulations. 23. (/) If any person whose name is entered in B0i!f&i0 IJC:s t~e register · obtains any medical qualification other i': th~ ca 0 · than the qualification in respect of which he has been regista. · registered, he shall; on· payment of such fee as may be prescribed in this behalf ·by regulations - (a) if . such qualificatio~ be a .qualification included in the Schedule; be entitled to have such qualification enter:ed against.his name in the register either in substitution for ·or in addition to any entry pr~vi­ ously made ; 382 Amendment. of Sobed.ula. ~ ' - THE CbussA MEDICAL REGIS'fRA.TION AcT,_ 1961 .[Or~ Act 18 ' . (Sec. 24) (b) if.such quali.µ.cation be ·a qualification not· included in the Schedule, be entitled to have· such qualification entered against. his name in- the l"egister zs. an ·additional qualification provided such qualifica­ tion is included. in the list prepared under sub-section (2). . (2) The Council shall, from time to time, pre­ pare -a list of qualifications ( not J:>eing . qualifications mcluded in ·the Schedule) ·.which may be approved ~Y them for the -ptirpose of this' section. 24. (1) If at -any time the Col?-ncil is satisfied .- ' (a) that any title granted· or qualification certified by any University, Medical .Corporation, examining bo_dy or other , institUtion, is a sufficient guarantee that persons - possessing such title or quaJi_- . fl.cation' possess the knowledge and skill requisite for the 'effici.ent practise of medicine, surgery and midwifery. ; or (b) that any title or quali:ficati9n referred to · in item 2 of the Schedule is not sufficient guarantee as aforesaid, they may -m:ake a report to that effect to the State Govern .. ment who may, if they- think fit, there­ upon direct, by· n~tificatibn-- (i) in the case of clause (a) that the pos­ sess~on .~f such title or quafification - shall, subJect to the provi_sions here­ inafter contained and on payment of such fees as may be preseribed in . this belialf by . regulatfons, entitle any ·person to have his name entered in the register ; or (ii) in the - case of clause (b) that the '· possession of such· title or quali• :fication shall not entitle any person to have his name entered . in the register, " of.1961] THE .0~A MEDICAL REGISTRATION AcT; 1961 ( Secs. 25-26 ) (2) On the· 1 issue of such i;totification such title t.lr qualification Shall b~ deemed in the .case of clause (a) of sub-section (/) to, be-covered by, and in the case of clause (b) thereof to be -excluded from the said it~m. - 383 25. If ·the courses of study to· be undergone for Pr~v:;;:iuu obtaining a recognised medicar qualification of the ~~dl~n Utkal Uni~ersity inc~ude a I?e~od of trai~n&: after a ~~~m. person has _p~ssed .the 9u~lif ymg exammation ~nd v~ity. ror - ·before .such qu::i,lifieat1on· is conferred on - him,= any such person shall,_ on _ application made by him · and on payment .of such fees as -~ay be prescribed in this· behalf by regulations, be entitled to hav~ his name entered provisionally in the register in order to -enable him to practise medicine in an approved institution for the period aforesaid. 26. (1) The Council - shall have power to call Power. or_ -on the autho;riµes of any examining· body included ~Fr:1 ta _ iri ·or desirou~ of being inclm:led in the Sched.We-:- =:- - homautho- (a) to furnish such repurts,. returns·_- or :other ~~i information as the Cotincil may.require'·~~1eor to enable it to judge the standard of the included tn examinations held by .such body and' oftheScbcdule. the efficiency. . of the -instruction given in the Medical Colleges and Schools· or institutions where · candidates for the examination by such body are traineQ. ; o.r ' - (b) to provide facilities for enab:i,ing- . any member of · the Council -depµted - by· the Council in this behalf. to be present at the. examinations to be" held by such examining body. · - . (2) The Council shall have power to ~nspect any Medical Gollege or School or institu .. tioil where candidates for examination - by ·such examining body are trained· and may for this purpose appoint.a special'· comrru"ttee of not more than three .. members of the Council to inspect qny such Medical College.. or SQhool or institution and- submit a report in regard thereto to the Council. 384 . Tm 0RJSSA MEPICi}.L REGISTRATION ACT, 1961 [Or. Act 18 Powers of council to direct removal of names from ttgi!ter, and rHIJ.try of namu therein. Effector removal of namcifrom e1htcir. ( Secs. 27-29 ) 21~ The. Council may direct- (a) that the . name of any registered practi- tioner- · (i) who has been sentenced .hY any court for · any non-bailable offence, $uch sentence not having· been subsequently · reversed or quashed; or (ii) whom the Council after ~ue enqu_iry · cQnducted as provided in clause (b) - of sectiOn 20, have found guilty by a majority .of two-thirds _of the members ·present and votitLg at the meeting, of an infamous conduct in his profession ; be removed from the . register of registered practitioners or that the ~ practitioner be warned ; and · · (b) that any name so removed be afterwards ·re-entered in the register : Provided · that the· disqualification under sub­ clause (i) of· clause (a) may be removed by the State Govern~ent. . by· an order made in that be~alf. · 28 • . (1) A registered practitioner whose name has been removed from the register under clause (a)· of seetion 27 shall forthwith surrender his certificate of registration to -the Registrar and the name so· removed shall be pu~lished in the Gazette_. (2) If. the name of a registered practitioner ·removed under clause (a) of section· 27 is afterwards re-entered in the registeF as provided in caluse (b) thereof, t}J.e fact of such re-entry shall be published in the Gazette and. the certificate o'f registration shall be returned to the registered praetitio:ier by who~ it was surrendered. · · · . . Romovalof 29 An · h · hi h- · d t rauduleot • y entry m t e register w c · 1s prove a nd f11correct the satisfa~tion of the CouncH to have been frau .. ntr1es. d l l .. • I d b d - u ent y or mcorrect y ma e, may e remove or corrected under an order in writing of the Council. of 1961] ~ O~ISSA MEDICAL RE~ISTRATION ACT~ l961 ( Secs. 30-34 ) .385 . 36. If any. person is aggrieved by any decisfon. of Awe.al 10 ·the Registrar refusing to enter the name or any ;ti0 1uf!e!J title or qualification or such person in the regis.ter, :r0Reg':tr1~~ he may,. at any time within· three months from the date of intimation of the same, appeal to the .Council . whose decision shall be final. · 31. (1) An appeal .shall-lie to the· State Govern- Appeal to ment from every decision of . the Council · under !:?~~ta,:nt section 20 or section 27. from deci­ sion of . (2). E I d . b · ) C.0U)leil. . very appe~ · urr er su -sect10.p. CI shall ·be _preferred within three months from the date· of ·such decision. 32. (J) Every Registrar of Births atid Deaths Notice or who receives noti~ of the death of any person whose !"!~v:1°~r name he knows to have been entered iri the register, name f~9in shall forthwith transmit by post to the Regi~trar a tho rtaiMor. certificate of such death, signed by him and stating · particulars of the time and place of death. · (2) -On receipt of such certificate or any other reliable information regarding .such death, the Registrar shall re.move the name of the . deceased person from the register. 33. If any person whose name· is not entered inPcnalty.on. .!h~ registe~, is f9und .to ·practise !11-edfoine or uses~:;::~~~ m connection w1tP, his name or title any w9r-ds or prescoti11-a letters. repr~senting tb.at hi~ nam.e is so en~~red he~!~~~~­ shall, whet.lier any person ·JS actually deceived . by · such representation or not, be punishable, on convic- tion by a M~gistrate of the First Class, with fine which· may extend to three hundred rupees.· - ·34. (/) If any registered practitioner whose ·name Pe~altr ror . .has been removed from the register under cla~se (a) ~~~d~ of seetion · 27 fails without sufficient cause to sur- cortificatc of· ~ender his certificate of registration he shall be registration. purushable with fine which may extend to fjfty rupees. (2) Cognizance of an offence. Jmnishable unP,er this section shall not be taken except upon. co·mplaint made by an order of· the Council_. '· 386 THE 0RISSA MEDICAL REGISTRATION AcT, J 951 [Or. Act 18 ( Secs. 35~7 ) -Construction . 35. The expressions "legaJly qualified medical g! J,..~~ces practitioner'' or ','du!Y _quali~ed m~~ical practitioners" Medical and all other express10ns lmportmg· a person recog;. Prac!itiooers. idsed ·by law as a Medical Practitioner or- a member of the Medical Profession as used in any Act which is in force in the State of Orissa shall be deemed. to mean a .M\.Jical · Practitioner registered under this Act ; and no certificate i·equired to be given by any Medi~1 Rractitioner or Medical Officer under ahy Act which is in force in the State of Orissa, . shall be valid unless such. practitioner or officer is registered under this · Act. unregistered 36. (1-) Except with. the special sanction of the persons not State Government no person other than -a registered -~~~d - . practitioner shall be oompetent to ho1d any. appoiiit­ appointment. ment as a Professo.r of Medical College -.or School, ,• .or as MedicaJ Officer" of Health, or as a physician, surgeon, or other Medical Officer in any hospital, Asylum, infirmary, dispensary or lying-in-hospital which is supported partially or entirely by public oi; local funds, or .which is under the supervision of the State Government. (2) Any appointment· made in contravention of sub-section (1) shall be void an~ illegal. · Publication 37. {J) The Re~strar shall, after the expiry of aDd ~ ti! every period of thr.ee years on or before a date to be -Meet t. fixed in this · behalf by the · Council. cause to be printed and published a c·orrect list of the names for t~e time being entered · in the register setting forth (a) all names entered in the register, arranged in alphabetical order, according to the surnames ; (b) the registered address or appointment 01 each person whose name is entered in the register _ ; and (c) the registered titles and qualifications of ',; each. such person represented · by the ab]?reviations thereof and the year in which each such title was granted or each such qualification was obtained. of 1961] Tm OrussA MEDICAL REGISTRATION ACT~ 1961 ( Secs. 38~40 ) . (4) The Registrar shall, on the expiry of every year, other than the. year in \vhlch a list is printed and published under sub-section (1) on or before a date to be . fixed in. this behaJf by the Council, ca use . to be printed and published a list supplementary the~ejo, containing additions and alterations in -the register, since the publication of the Jist under sub- section (J). · (3) It' shall be presumed -that any person whose name is entered in ihe latest list printed and published under sub-section (/) read with the latest list supple­ mentary thereto, if any. pr~nted· and published under Sub-section (2) is duJy registered under this Act, and. that any person whose name is not so entered is not registered ·under this Act: · Provided that, in the case of any person whose name does not appear in the lists aforesaid, a certi­ fied copy .;igned by ·the -Registrar, of the entry· of the name of ~uch person in the register of Registered Practitioner shall be sufficient evidence that such person is registered under thls Act. ' 387 38. All fees received by the Council -under this Disposal or Act shall be applied for the purposes of-this Act in f-:.cs. - . accordance with such rules ·as 111ay be made by :the State Gqvernment. 39. No suit or other legal proceedings shall lie Bar to &uitl . f d . th - . of . and other in respect o any act one m e exercise -any power legal ~o- conferred by this Act on the State Government or oecdioss. the Council or any committee of the Council or the Registrar. 40. (1) The State Government may from time Rule• ~d to time make ·rules for carrying out the purposes ResuJatio~· of this· Act. (2) In particular, and without Pl'.ejudice to the generality of the foregoing power, the State Govern­ ment may make rules- ,. (a) pre~cribing the manner .of election under . seetion 4; t,b) prescribing the period. under sub-section (2) of section 4 ; · THE ORISSA MEDICAL REGISTRA.TION'ACT~ 1961 (Sec. 40} [Or. Ac·t 1 (c) prescribing the manner of election of the President or Vice-President ref erred to · in sub-section (J) of section -13 and the manner of filling up · vacancies referred t9 in sub-section (5) of that section ·and the functions to be performed by the President and the Vice-President ; (d) prescribing the manner in which the first meeting of the Council referred to in section 13 shall be convened and conducted; (e) to prescribe the form of the register of Registered Practitioners to · be maintained . under this Act ; · - (f) to regulate the application .of fees under­ section 38 -; and (g) to regulate ·the procedure to be followed ·by the Council in conducting any enquiry · under this Act and disposing of appeals from the decision of the Registrar. (3) In addition to .the power· conferred by- sub: section ( 6) of section 14, section ~ 6 and suQ-section (1) of section· 23 the Council may, with the previous sanction of the State Government, make regulations- . (a) to prescribe the fees chargeable- in respect of any registration under this Act ; ~b) to regulate the keeping of accounts of such f~s; (c) to regulate the 'inanagement of contril:rutocy · provident fund and gratuity for the employees of the Council ; · (cl) to. regulate the disposal of irrecoverable · fees ; and · · (e) in respect of the eonditions of service of 1_ its employees. · ( 4) All such r:uies and regulations shall be­ published in th(? Gazette. of 1961) 1"llE OillssA MEDICAL REGISTRATION AcT} .1961 (Sec. 41) om. Rcwu- 41. (1) The Orissa. Medical Regu]ation, 1936 Repeal t•;r9uJ,1°· n is· hereby repealed. (2) .Notwithstanding the repeal as aforesaid- . . (a) the C01.~ncil esiablish~ under th.e s~d - _ Regulation sha11 continue to function t1H and shall cease to exist with effect from _ the da~e of the first meeting of the Council esia'blished under ·this Act and thereupoa all assets and liabilities of ·the earlier Council shall devolve -upon the latter ; (b) all acts begun whether pending or com­ pleted by the Orissa Council of MedICal Registration . established nndBr the said Regulation by the date of the aforesaid first meeting, shall, in so far as they relate to the functions allotted to the Council under this ·Act be deemed to have begun or peeformed by the Council established undef this Act and· such acts ·may be· carried on and completed by or under the authority of the Council so esta­ blished ; and (c) all Medical Practitioners .regist~red under the aforesaid Regulation and continuing as such on the date of the repeal shall, for an purposes, be deemed to have been registered und..er Ws Act, 1, I 389 390 THB ORISSA MEI>lOAL REGISTRATION ACT. 1961 [Or. Act 18 of 1961] (SCHEDULE) THE SCHEDLJLE (See Section 20) QUALIFICATlONS ENTITLING REGISTRATION UNUER THE ACT 1. Qualifications specified in the First, Second or Third Schedule to the Indian Medical Couucil Act, 1956 (102 of 1956}. 2. Qualification specified in the under-mentioned list- Name of the body or authori~Y award­ ing tho qualifi­ cations 1 Description of the qualifications 2 (o) State Medic a 1 Member of the State Faculty of Medical Faculty, Bengal. . Bengal. {b) Staie Medical (1) Member of State Faculty of West , Medical Faculty, Bengal. West Bengal. (2) Certificate o f qualification by tbe State Medical Factilty under Arti­ cle 6-C of the Statu­ tes of the State Medical Faculty, West Bengal. (3) Certificate o i qualification by the State Medical Faculty u n d e r Article 6-D or 6-E of the Statutes of the State Medical Facu1ty, W e s t Bengal. (c) College of Member of tm:; -Physicians and College of Physi- S u r g e o n s, cians and Surgeons_, Bombay. Bombay. _ Abbreviation of the qualifications. for registration 3 M. M. F. (Bengal). M. M. F. (W~st Bengal). - Certificate u n d e r ·Article 6-C (West Bengal}. Certificate un d e r Article 6~D ·or 6-B (West· Beogal). M. C. P. S. (Bombay). 3. Qualifications granted prior to 1916 by the State Govera• aient to a person trained in a Government Medical College or School in India or Burma, declaring him to be qualified to practise Medicine, Surgery and Midwifery, or to perform the duties of a Military Assistant Surgeon, Hospital Assistant or Sub-Assistant Surgeon, Abbreviations for registration L. M. P., M.A. S., H. A., C. H. A .• S. A. S. or V. L. M. S. or diploma or certificate of tlw mstitutions.