Professional Documents
Culture Documents
( g) " St at e Medical Regist er" m eans a regist er m aint ained under sect ion
11;
CH APTER I I - CON STI TUTI ON OF TH E COUN CI L AN D APPOI N TEN T OF
REGI STRAR AN D OTH ER OFFI CERS AN D SERV AN TS.
3 . I n cor por a t ion of St a t e M e dica l Cou n cil.
( 1) The St at e Governm ent shall, as soon as m ay be, est ablish, by
not ificat ion a m edical council for t he st at e w.e.f. Such dat e as m ay be
specified t herein.
( 2) The council shall be a body corporat e by t he nam e of t he Madhya
Pradesh Ayurvigyan Parishad and shall have perpet ual succession and a
com m on seal wit h power t o acquire and hold propert y, bot h m oveable and
im m ovable, and subj ect t o t he provisions of t his Act t o t ransfer any
propert y held by it and t o cont ract and do all ot her t hing necessary for t he
purposes of it s const it ut ions and m ay sue and be sued in it s corporat e
nam e;
Provided t hat t he council shall not t ransfer any propert y held by, it by way
of sell, m ort gage, lease or ot herwise or borrow m oney from any person or
agency wit hout t he previous perm ission of t he St at e Governm ent .
4 . Con st it ut ion of Coun cil.
( 1) The Council shall consist of following m em bers, nam ely: ( a) Five m em bers elect ed from am ongst t hem selves by persons enrolled on
t he St at e Medical Regist er;
( b) Five m em bers t o be nom inat ed by t he St at e Governm ent as follows( i) one represent at ive of t he I ndian Medical Associat ion, Madhya
Pradesh St at e Branch out of t he penal of five persons t o be proposed
by t he St at e Branch of t he said associat ion;
( ii) one m em ber from am ongst t he m em ber of m edical facult ies of
t he Universit ies in t he St at e;
( iii) t wo m em bers from am ongst t he Madhya Pradesh Healt h
Services holding class- I Post out of whom one shall be a Lady
Doct or;
( iv) a Dean of one of t he Governm ent Medical Colleges in t he St at e;
( c) Direct or Medical Services Madhya Pradesh.
( 2) The Direct or of Medical Services shall be t he president of t he Council
and t he Dean shall be t he Vice President of t he Council.
( 3) The nam e of every person elect ed or nom inat ed under sub sect ion ( 1)
shall be published in t he gazet t e and t he m em bers shall ent er and shall, for
recognize m edical qualificat ion shall be bound t o get t he sam e ent ered in
t he St at e Medical Regist er in accordance wit h t he provision of t his Act .
( 2) Every regist ered pract it ioner t o whom sub sect ion ( 1) applies shall, on
obt aining any t it le, Degree or Diplom a which is a recognize m edical
qualificat ion, m ake an applicat ion t o t he council in such form and wit hin
such period as m ay be prescribed t oget her wit h such fee as m ay be
prescribe by regulat ions for each qualificat ions obt ained for ent ering such
t it le, Degree or Diplom a in t he St at e Medical Regist er eit her in subst it ut ion
for, or in addit ion t o, any ent ry previously m ade;
Provided t hat where such t it le, Degree or Diplom a has been obt ained prior
t o t he dat e of com m encem ent of t his Act such applicat ion shall be m ade
wit hin six m ont hs from t he dat e of such com m encem ent .
( 3) On receipt of t he applicat ion under sub sect ion ( 1) , t he council shall
ent er t he Tit le, Degree or Diplom a in t he St at e Medical Regist er ordinarily
wit hin t hree m ont hs aft er com plet ion of prescribed form alit y.
( 4) No regist ered Medical Pract it ioner who has obt ained any addit ional
qualificat ion shall be ent it led t o use such qualificat ion for t he purpose of
pract ice or any ot her purpose what soever or derive any advant age t here
from during t he course of pract ice or for t he purpose of em ploym ent unless
he get s t hat qualificat ion regist ered in t he St at e Medical Regist er in
accordance wit h t he provision of t his sect ion.
1 4 . Pr ivile ge s of Re gist e r e d Pr a ct it ion e r s.
( 1) Subj ect t o t he condit ions and rest rict ions laid down in t his Act or t he
I ndian Medical Council Act , 1956 ( No.102 of 1956) regarding m edical
pract ice by person possessing cert ain recognize m edical qualificat ion, every
person whose nam e is for t he t im e being born on t he St at e Medical Regist er
shall be ent it le, according t o his qualificat ions t o pract ice as a m edical
pract it ioner wit hin t he st at e and t o recover in respect of such pract ice any
expenses, charges in respect of m edicam ent s or ot her appliances or any
fees t o which he m ay be ent it led.
( 2) No cert ificat e required by or under any law t o be given by a m edical
pract it ioner shall be valid unless it is signed by a regist ered pract it ioner and
bears t he seal of his nam e and regist rat ion num ber.
( 3) Every prescript ion issued by a regist ered pract it ioner shall have seal of
t he nam e and regist rat ion num ber of such regist ered pract it ioner.
( 4) No person ot her t han a regist ered pract it ioner shall be eligible t o hold
any appoint m ent as physician, surgeon or m edical officer in any hospit al
asylum , infirm ary, dispensary or any ot her m edical inst it ut ion or m edical
officer of healt h in any ot her allied branch of m edicine.
1 5 . Pow e r of Coun cil t o pr oh ibit e n t r y or t o dir e ct r e m ova l fr om St a t e
M e dica l Re gist e r .
The council m ay, upon reference from t he regist rar or ot herwise prohibit t he
ent ry in, or order t he rem oval from , t he St at e Medical Regist er of t he nam e
of any person, -
( a) Who has been sent enced by a crim inal court t o im prisonm ent for an
offence indicat ing in t he opinion of t he council such a defect in charact er as
would render t he enrollm ent or cont inuance of his nam e in t he St at e
Medical Regist er undesirable; or
( b) Whom t he council aft er enquiry at which opport unit y has been given t o
him t o be heard in person and which m ay at t he discret ion of council be
held in cam era, finds guilt y of infam ous conduct in any profession respect
by a m aj orit y of t wo t hirds of t he m em bers of t he council present and
vot ing at t he m eet ing but such num ber shall not be less t han five.
1 6 . Alt e r a t ion of St a t e M e dica l Re gist e r by coun cil.
( 1) The council m ay aft er giving t he person concern reasonable opport unit y
of being heard and inquiring int o his obj ect ions, if any, order t hat any ent ry
in t he St at e Medical Regist er, which in t he opinion of t he council, has been
fraudulent ly or incorrect ly m ade or bought about be cancelled or am ended.
( 2) The council m ay direct t he rem oval alt oget her or for a specified period
from t he St at e Medical Regist er of t he nam e of any regist ered m edical
pract it ioner for t he sam e reason for which regist rat ion m ay be prohibit ed by
t he council under sect ion- 15.
( 3) The council m ay direct t hat any nam e rem oved under sub sect ion ( 2)
shall be rest ored subj ect t o such condit ion- if any, which t he council m ay
deem ed fit t o im pose.
1 7 . Pr oce du r e in e n qu ir ie s.
For t he purpose of any enquiry under sect ion- 12, 15 or 16 t he council or
any com m it t ee aut horized by rules m ade under sect ion- 29 shall be deem ed
t o be a court wit h in t he m eaning of t he I ndian evidence Act , 1872 ( no.1 of
1872) , and shall exercise all t he powers of a com m issioner appoint ed under
t he public servant ( enquiries) Act , 1850 ( No.37 of 1850) , and such enquiries
shall be conduct ed, as for as m ay be, in accordance wit h t he provisions of
sect ion- 5 and sect ion- 8 t o 20 of t he public servant ( enquiries) Act , 1850 (
No 37 of 1850) .
1 8 . Appe a l a ga in st de cision of cou n cil.
( 1) Any person aggrieved by t he decision of t he council under sect ion- 12,
15 or 16 m ay prefer an appeal t o t he St at e Governm ent .
( 2) An appeal under sect ion- 1 shall be preferred wit hin t hree m ont hs from
t he dat e of receipt by t he part y concern of a copy of such decision and it
shall be accom panied by such fee as m ay be as prescribed by regulat ion.
CH APTER- I V COUN CI L FUN D
1 9 . Cou n cil fu nd
( 1)
( 2) The following shall form part of, or be paid int o, t he council fund: -
Recognize Medical
Qualificat ion.
( 2)
( 3)
R.M.P.
D.M.P.