[Act No. 07 of 1916][1] [16th March, 1916] An Act to
regulate the grant of titles implying qualifications in western medical
science, and the assumption and use by unqualified persons of such titles. Whereas it
is expedient to regulate the grant of titles implying qualifications in western
medical science, and the assumption and use by unqualified persons of such
titles; It is hereby
enacted as follows:- [STATE AMENDMENTS [Assam ?[2][In
the Preamble for the words "of such titles", the words "of such titles
and of titles implying qualifications in other systems of medicine" shall
be substituted.] [Bihar [3][In Preamble the words "Western medical science", the words "or in the
Indian, Homoeopathic or Biochemic system of medicine" shall be inserted.] [Tamil Nadu [4][In Preamble Section For the words "of such titles," the words "of such titles
and of titles implying qualifications in other systems of medicine" shall
be substituted.]]] This Act may be called the Indian
Medical Degrees Act, 1916. [STATE AMENDMENTS [Bihar [5][In Section 1 the words "Western medical
science", the words "or in the Indian, Homoeopathic or Biochemic
system of medicine" shall be inserted.]]] In this Act "western medical science" means the western
methods of Allopathic medicine, Obstetrics and Surgery, but docs not include
the Homoeopathic or Ayurvedic or Unani system of medicine [6] [and "States" means all [7][the territories which immediately before the 1st
November, 1956, were comprised] within Part A States and Part C States]. [STATE AMENDMENTS [Bihar [8][In Section 2 the following Section shall be substituted, namely:- "2. Definitions.-In this Act,- (1)
'Biochemic
system of medicine' means the system of medicine founded by Dr. Schussler; (2)
'Homeopathic
system of medicine' means the system of medicine founded by Dr. Hahnemann; (3)
'Indian
system of medicine' means the Ayurvedic or the Unani Tibbi system of medicine
whether supplemented or not by such modern Advances as the 2[State] Government
may from time to time, have determined; and (4)
'Western
medical science' means the western method of Allopathic medicine, Obstetric and
Surgery, but does not include the Indian, Homeopathic or Biochemic system of
medicine."]]] The right of conferring, granting, or issuing in the States degrees,
diplomas, licences, certificates or other documents stating or implying that
the holder, grantee or recipient thereof is qualified to practise western
medical science, shall be exercisable only by the authorities specified in the
Schedule, and by such other authority as the [9][State Government] may, by notification [10]in the Official Gazette, and subject to such
conditions and restrictions as it thinks fit to impose, authorise in this
behalf. [STATE AMENDMENTS [Bihar [11][In Section 3 the word "Western medical science" wherever they occur, the
words "or the Indian Homeopathic or Biochemic system of medicine"
shall be inserted and in Section 6 thereof for the proviso thereto the
following proviso shall be substituted, viz:- "Provided that nothing in this Section shall apply to the use by
any person qualified to practise Western medical science of any title,
description or addition which prior to the 16th March, 1916, he used in virtue
of any degree, diploma, licence or certificate upon, or granted or issued to
him to practise such Western medical science."]]] Save as
provided by section 3, no person in the States shall confer, grant, or issue,
or hold himself out as entitled to confer, grant, or issue any degree, diploma,
licence, certificate or other document stating or implying that the holder,
grantee or recipient is qualified to practise western medical science. [STATE AMENDMENTS [Bihar ?[12][In Section 4 the word
"Western medical science" wherever they occur, the words "or the
Indian Homeopathic or Biochemic system of medicine" shall be inserted and
in Section 6 thereof for the proviso thereto the following proviso shall be
substituted, viz:- "Provided
that nothing in this Section shall apply to the use by any person qualified to
practise Western medical science of any title, description or addition which
prior to the 16th March, 1916, he used in virtue of any degree, diploma,
licence or certificate upon, or granted or issued to him to practise such
Western medical science."]]] Whoever
contravenes the provisions of section 4 shall be punishable with fine which may
extend to one thousand rupees; and, if the person so contravening is an
association, every member of such association who knowingly and wilfully
authorises or permits the contravention, shall be punishable with fine which
may extend to five hundred rupees. Whoever
voluntarily and falsely assumes, or uses any title or description or any
addition to his name implying that he holds a degree, diploma, licence or
certificate conferred, granted or issued by any authority referred to in
section 3, or recognised by the General Council of Medical Education of the
United Kingdom, or that he is qualified to practise western medical science,
shall be punishable with fine which may extend to two hundred and fifty rupees,
or, if he subsequently commits, and is convicted of, an offence punishable
under this section, with fine which may extend to five hundred rupees: Provided
that nothing in this section shall apply to the use by any person of any title,
description, or addition which, prior to the commencement of this Act, he used
in virtue of any degree, diploma, licence or certificate conferred upon, or
granted or issued to him. [STATE AMENDMENTS [Assam [13][After Section 6 the
following section shall be inserted, namely- "6A.(1)
No person shall add to his name any title, description, letters or
abbreviations which imply that he holds a degree, diploma, license or
certificate as his qualification to practise any system of medicine unless- (a)
he actually
holds such degree, diploma, license or certificate; and (b)
such degree,
diploma, license or certificate- (i)
is
recognized by any law for the time being in force in [* * *][14] India; or (ii)
has been
conferred, granted or issued by an authority referred-to in section 3; or (iii)
has been
recognized by the General Council of Medical Education of the United Kingdom;
or (iv)
in cases not
falling under sub-clause (i), sub-clause (ii) or sub-clause (iii), has been
conferred, granted or issued by an authority empowered, or recognized as
competent, by the [State][15] Government to confer, grant or issue such degree, diploma, license
or certificate. (2) Whoever
contravenes the provisions of sub-section (1) shall, notwithstanding anything
contained in section 6, be punished in the case of first conviction, with fine
which may extend to two hundred and fifty rupees and in the case of subsequent
conviction, with fine which may extend to five hundred rupees."] [Bihar [16][In Section 6 the word
"Western medical science" wherever they occur, the words "or the
Indian Homeopathic or Biochemic system of medicine" shall be inserted and
in Section 6 thereof for the proviso thereto the following proviso shall be
substituted, viz:- "Provided
that nothing in this Section shall apply to the use by any person qualified to
practise Western medical science of any title, description or addition which
prior to the 16th March, 1916, he used in virtue of any degree, diploma,
licence or certificate upon, or granted or issued to him to practise such
Western medical science."] [Tamil Nadu [17][After Section 6 The
following section shall be inserted, namely:- "6-A.
Penalty for unauthorized use of titles, etc. implying medical qualifications.- (1)
No person
shall add to his name any title, description, letters or abbreviations which
imply that he holds a degree, diploma, licence or certificate as his
qualification to practice any system of medicine unless- (a)
he actually
holds such degree, diploma, licence or certificate; and (b)
such degree,
diploma, licence or certificate- (i)
is
recognized by any law for the time being in force in [18][India] or in any part thereof; or (ii)
has been
conferred, granted or issued by an authority referred to in section 3; or (iii)
has been
recognized by the General Council of Medical Education of the United Kingdom;
or (iv)
in cases not
falling under sub-clause (i), sub clause (ii) or sub-clause (iii), has been
conferred, granted or issued by an authority empowered or recognized as
competent, by the [19][State] Government to confer, grant or issue such degree, diploma,
licence or certificate. (2)
Whoever
contravenes the provisions of sub-section (1) shall, notwithstanding anything
contained in section 6, be punished in the case of a first conviction, with
fine which may extend to two hundred and fifty rupees and in the case of a
subsequent conviction, with fine which may extend to five hundred rupees
".]]] No court shall take cognizance of an offence punishable under this Act, except
upon complaint made by order of the State Government, or upon complaint made,
with the previous sanction of the State Government, by a Council of Medical
Registration established by any enactment for the time being in force in the
State. [STATE AMENDMENTS [Bihar [20][In Section 7 In the Schedule to the said Act, after item 4, the following items shall
be added, namely:- "5. A Board of the Indian, Homeopathic or Biochemic system of
medicine constituted by an Act of the [21][State] Legislature or recognised
by the [22][State] Government.]]] No Court
inferior to that of a Presidency Magistrate or a Magistrate of the first class
shall try any offence punishable under this Act. SCHEDULE (Sec section 3) 1.
Every
University established by [23][a
Central Act]. 2.
The State
Medical Faculty in Bengal. 3.
The College
of Physicians and Surgeons of Bombay. 4.
The Board of
Examiners, Medical College Madras. [1] This Act has been amended in-- (i) Assam by Assam Act 16 of 1948. (ii) Bihar by Bihar Act 20 of 1949. (iii) Coorg by Coorg Act 4 of 1949. (iv) Madhya Pradesh by C.P. and Berar Act 65 of
1948. (v) Madras by Madras Act 20 of 1940. (vi) Maharashtra by Maharashtra Act 44 of 1961. (vii) Andhra Pradesh by A.P. Act 23 of 1968. Rep. in Orissa by Orissa Act 2 of 1957 as far as if
relates to the Homoeopathic and Bio Chemic system of medicine. Rep. in Pt. in
Orissa by Orissa Act 14 of 1960. This Act has been extended to-- Goa. Daman and Diu by Reg. 11 of 1963, section 3
and Sch. and comes into force in Pondicherry vide Reg. 7 of 1963, section 3 and
Sch. 1 (w.e.f. 1-10-1963). [2] Substituted by Indian Medical Degrees (Assam
Amendment) Act, 1948. [3] Inserted by Indian Medical Degrees (Bihar
Amendment) Act, 1949. [4] Substituted by Indian Medical Degrees (Madras
Amendment) Act, 1940 (Act 20 of 1940). [5] Inserted by Indian Medical Degrees (Bihar
Amendment) Act, 1949. [6] Inserted by the A.O. 1950. [7] Substituted by the A.O. Laws (No. 2), 1956, for
"the territories for the time being comprised". [8] Substituted by Indian Medical Degrees (Bihar
Amendment) Act, 1949. [9] Substituted by the A.O. 1937, for "G.G. in
C". [10] For notifications authorising certain institutions
in the various States to grant certificates, diplomas, degrees, etc., see
Gazette of India, 1916, Pt. I, p. 1155: ibid., 1917, pp. 567, 690, 2050: ibid.,
1918, p. 128: ibid., 1921; p. 1522; ibid., 1922, p. 273. [11] Substituted by Indian Medical Degrees (Bihar
Amendment) Act, 1949. [12] Substituted by Indian Medical Degrees (Bihar
Amendment) Act, 1949. [13] Inserted by Indian Medical Degrees (Assam
Amendment) Act, 1948. [14] The words "the Dominion of" omitted by
A.O., 1950, [15] Substituted by A.O., 1950 for
"Provincial", [16] Substituted by Indian Medical Degrees (Bihar
Amendment) Act, 1949. [17] Inserted by Indian Medical Degrees (Madras
Amendment) Act, 1940 (Act 20 of 1940). [18] The words "the Dominion of" omitted by
A.O., 1950, [19] Substituted by A.O., 1950 for
"Provincial", [20] Added by Indian Medical Degrees (Bihar Amendment)
Act, 1949. [21] Subs. by A.L.O. [22] Subs. by A.L.O. [23] Substituted by the A. O. 1950. for " on Act of
the Central Legislature"INDIAN MEDICAL
DEGREES ACT, 1916
PREAMBLE