PUNJAB MEDICAL REGISTRATION ACT, 1916 (Amended upto 2010)

[Act No. 2 of 1916]

[24th February, 1916]

PREAMBLE

An Act for the Registration of Medical Practitioners.

Whereas it is expedient to provide for the registration of certain medical practitioners in [1]Punjab;

It is hereby enacted as follows :-

Section 1 - Short title and extent

(1)     This Act may be called the Punjab Medical Reg­istration Act, 1916.

(2)     It extends to [2]Punjab.

Section 2 - Commencement of Act

The provisions of section 4 shall come into force on such [3]date as the State Government may notify in this behalf. The rest of this Act shall come into force at once.

Section 3 - Definitions

In this Act unless there is something repugnant in the subject or context-

(a)      "The British Medical Acts" means Statutes 21 and 22, Victoria; Chapter 90 (The Medical Act), and any Act amending the same.

(b)      "Council" means the Medical Council established by this Act;

(c)      "Prescribed" means prescribed by rule or bye-laws made under this Act;

(d)      "Registered practitioner" means any person registered under the provisions of this Act.

Section 4 - Privileges of registered practitioners

Notwithstanding any thing to the con­trary in any enactment, rule, bye-laws or any other provision of law -

(1)     no certificate required by any Act in force, or that may hereafter be passed, from a medical practitioner or officer shall be valid unless signed by a regis­tered practitioner;

(2)     except with the special sanction of the [4]State Government no one other than a registered practitioner shall be competent to hold any appointment as phy­sician, surgeon or other medical officer in any hospital, asylum, infirmary, dis­pensary or lying-in hospital not supported entirely by voluntary contributions or as medical officer of health.

[5][Section 5 - Constitution of Council]

(1) The State Government shall establish a Council for the State of Punjab, to be called the Punjab Medical Council, which shall consist of the following twenty one members, namely:]--

(a)   seven members, to be nominated by the State Government from amongst the registered practitioners, registered with the Council:

Provided that out of seven nominated members, one shall be the immediate past President of the Council.

(b)   the following three ex-officio members:--

(i)       the Director, Research and Medical Education, Punjab;

(ii)      the Director, Health Services, Punjab; and

(iii)     the State President of the Indian Medical Association; and

(c)   ten members, to be elected by the registered practitioners from amongst the registered practitioners, who are residing or practicing in the State of Punjab.

(2) The State Government shall nominate a person, to be the President of the Council from amongst the registered practitioners.

(3) The Vice-President shall be elected from amongst the members of the Council in the prescribed manner.]

[6][Section 5-A, Constitution of Medical Council for a temporary period.]

(1)     Notwithstanding anything contained in this Act, as from the commencement of the Punjab Medical Registration (Amendment and Validation) Act, 1980, the State Government shall constitute a Council, in the manner specified in section 5, for the State of Punjab to be known as the Punjab Medical Council:

Provided that members referred to in clauses (d), (e) and (f) of sub-section (1) of section 5 shall also be nominated by the State Government from amongst the registered practitioners instead of being elected in the manner indicated in those clauses.

(2)   The Vice-President of the Punjab Medical Council shall, notwithstanding anything contained in sub-section (2) of section 5, also be nominated by the State Government from amongst its members.

(3)   Each member of the Punjab Medical Council shall, notwithstanding anything contained in section 7, hold office for a period of two years from the date of nomination or until the Council is duly constituted under section 5, whichever is earlier.]

Section 6 - Qualifications of members

No person shall be eligible to be a member of the Council unless he is a registered practitioner :

[7][Provided that the persons, electing the members under clause (c) of sub-section (1) of section 5, shall be the persons, who are qualified to be registered under section 13 of this Act.]

Section 7 - Tenure of office of members

The members of the Council shall hold office for a term of [8][five years] and shall eligible for re-appointment.

Section 8 - Cessation of membership

A member of the Council shall he deemed to have vacated his seat -

(1)     on sending his resignation in writing to the president or registrar;

(2)     on his absence without excuse sufficient in the opinion of the Council from three consecutive meetings of the council;

(3)     on his absence out of India for six consecutive months;

(4)     on removal of his name from the register;

(5)     on his becoming insane or being declared an insolvent by any competent court;

(6)     on expiry of the term mentioned in section 7.

Section 9 - Filing up of vacancies

When the seat of any member becomes vacant, the va­cancy shall be filled up by election or nomination, as the case may be, in accordance with the provisions of section 5.

Section 10 - Registrar and other officers

(1)     The Council shall appoint a registrar who shall act as Secretary of the Council and who shall also act as treasurer, unless the Council shall appoint another person as treasurer. Every person so appointed shall be removable at the pleasure of the Council.

(2)     The Council may also employ such other persons as it may deem necessary for the purposes of this Act.

(3)     All persons appointed or employed under this section shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (XLV OF 1860).

Section 11 - Medical Register

It shall be the duty of the registrar to open and maintain, in accordance with the provisions of this Act a register, to be called the Punjab Medi­cal Register, and from time to time to revise the register [9][and provide it on the official website of the Council]. Such register shall be deemed to a public document within the meaning of the Indian Evidence Act, 1872 (1 to 1872).

Section 12 - Meeting of council

No business shall be transacted at a meeting of the Council unless at least [10](GGO 40).[11][eight] members are present.

All questions, other than questions of order, which may come before the Council shall be decided in accordance with the votes of the majority of the members present and voting at the meeting. In the case of an equality of votes the member presiding at the meeting shall have a casting vote.

Questions of order shall be decided by the member presiding at the meeting.

Section 13 - Persons who may be registered

Every person who -

(a)      is for the time being registered or qualified to be registered under [12][this Act; or]

(b)      is possessed of any of the qualifications described in the schedule; may apply to the registrar to be registered and on payment of the prescribed fee and on furnishing to the registrar proof of such registration or qualification shall be entitled to be registered, and thereupon, but subject always to the provisos hereinafter contained, the registrar shall register him in the Punjab Medical Register :

[13][****]

Provided also, that the State Government may after consulting the Council permit the registration of (a) any person who shall furnish to the registrar proof that he is possessed of a medical degree, diploma or certificate of any University, medical college or school approved by the Council, other than those described in the schedule, and (b) any person who was actually practicing medicine [14]in or the Delhi [15][State before the 25th day of September, 1915 :

Provided further, that the Council may refuse to permit the registration of any per­son who has been convicted of any such offence as implies in the opinion of the Council a defect of character or who, after an inquiry at which opportunity has been given to the candidate to be heard in person or by pleader, has been held by the Council to have been guilty of infamous conduct in any professional respect.

Provided further, that the registrar on receiving an application for entry in the reg­ister from any person in respect of whom he considers that the Council may wish to exercise the power of refusal conferred by the last foregoing proviso may refer the said application to the Council, and shall not make any entry in the register in respect of such person until the Council informs him that the entry is permitted.

[16][Section 13-A. Person, registered with any other State shall have to be registered in the State of Punjab

In case, a person, registered with a Medical Council of any other State or Medical Council of India, intends to practise in the State of Punjab, he shall have to get himself registered with the Punjab Medical Council on payment of the prescribed fee.

Section 13-B. Renewal of registration

Every registered practitioner shall get his registration renewed after every five years within a period of two months from the date of the expiry of his previous registration on payment of the prescribed fee:

Provided that before getting his registration renewed, the registered practitioner shall have to obtain a certificate from a State Medical Council or Medical Council of India or National or International Bodies to the effect that he had got fifty credited hours of Continuing Medical Education in every five years.

Explanation.--For the purpose of this section, the expression "credited hours" shall mean the hours, accredited to the credit of registered practitioner by the aforesaid Councils or bodies.

Section 14 - Entry of new titles and qualifications in register

If any person whose name is entered in the register obtains any title or qualification other than the title or quali­fication in respect of which he has been registered he shall on payment of the prescribed fee be entitled to have an entry stating such other title or qualification made against his name in the register either in substitution for or in addition to any entry previously made.

Section 15 - Appeal against the decision of registrar

An appeal shall lie to the Council against any order of the registrar under Section 13 or Section 14. The said appeal shall be preferred within three months from the date of the order appealed against.

Section 16 - Alteration of register by Council

(1)     The Council may, if it sees fit, and af­ter giving notice to the person concerned and inquiring into his objections, if any, order that any entry in the register which shall he proved to the satisfaction of the Council to have been fraudulently or incorrectly made or brought about, be cancelled or amended.

(2)     The council may direct the removal altogether or for a specified period from the register of the name of any registered practitioner who has been convicted of any such offence as implies in the opinion of the Council a defect of character or who, after an inquiry at which opportunity has been given to such registered practitioner to be heard in person or by pleader, has been held by the Council to have guilty of infamous conduct in any professional respect. The Council may also direct that any name so removed shall be restored.

Section 17 - Procedure in inquiries and appeals

(1)     The Council may at its discretion hold an inquiry under section 13 of section 16 in camera.

(2)     For the purpose of any such inquiry or of any appeal under section 15, the Coun­cil shall be deemed to be a court within the meaning of the Indian Evidence Act, 1872 and shall exercise all the powers of a Commissioner appointed under the [17]Public Servants' (Inquiry) Act, 1850; and such inquiries and appeals shall be conducted as far as may be, in accordance with the provisions of section 5 and sections 8 to 20 of the said Public Servants' (Inquiries) Act, 1850 (XXXVII of 1850).

Section 18 - Appeal against the decision of Council

An appeal shall lie to the [18]State Government against every decision of the Council under section 13 or Section 16. Such appeal shall be preferred within three months from the date of the Council's de­cision.

Section 19 - Limitation of Jurisdiction of civil courts

No act done in the exercise of any power conferred by this Act on the [19][State] Government or the Council or the regis­trar shall be questioned in any civil court.

Section 20 - Power of State Government to alter schedule

It shall be lawful for the [State] Government by notification in the [20]to alter the Schedule.

Section 21 - Power of Council to call for information regarding efficiency to teaching and to attend examinations

The Council shall have power to request the govern­ing body or authorities of any University, medical college or school, included in or desirous of being included in the Schedule-

(a)      to furnish such reports, returns or other information as the Council may require to enable it to judge of the efficiency of the instruction given therein in medi­cine and surgery and midwifery; and

(b)      to provide facilities to enable any member of the Council deputed by the Coun­cil in this behalf to be present at the examinations held by such University, college or school. If the said body or authorities refuse to comply with any such request the [State] Government may upon report by the Council remove such University, college or school from the schedule or refuse to include it in the schedule.

Section 22 - Control by [21]State Government

If at any time it shall appear to the [22]State Government that the Council has neglected to exercise or has exceeded or abused any power conferred upon it under this Act or has neglected to perform any duty imposed upon it by this Act, the [State] Government may communicate the particulars of such neglect, excess or abuse to the Council; and. if the Council fails to remedy such ne­glect, excess or abuse within such time as may be fixed by the State Government in this behalf, the State Government may, for the purpose of remedying such neglect, excess or abuse, cause any of the powers and duties of the council to be exercised and performed by such agency and for such period as the State Government may think fit.

Section 23 - Penalty for falsely pretending to be a registered practitioner

Every per­son who falsely pretends to be a registered practitioner shall, whether any person is actually deceived by such presence or not, be liable to be punished or conviction by a [23][Judicial Magistrate] of the first class [24][with a sentence of imprisonment for a term, not exceeding three years and with fine, not exceeding ten thousand rupees].

Section 24 - Power to make rules and bye-laws

(1)     The [State] Government may after previous publication make rules for the purpose of carrying out the provisions of this Act.

In particular and without prejudice to the generality of the foregoing provision, the State Government may make rules -

(i)       for the election of members to the Council under section 5 and 6;

(ii)      for the election of the Vice President of the Council;

(iii)     to regulate the procedure at an inquiry held under section 13 or section 16;

(iv)    for the institution, hearing and disposal of appeals under section 15 or section 18;

(v)      for the compilation and publication of the register;

(vi)    to fix the amount of fees to be levied under this Act;

(vii)   for the disposal of fees received under this Act.

(2)     The Council may, with the previous sanction of the [25]State Government, make bye-laws –

(i)       for the convening of meetings of the Council;

(ii)      for the conduct of business at the such meetings;

(iii)     for the appointment, control, pay and allowances of the establishment em­ployed under section 10.

Section 25 - [Omitted]

[Omitted by the Adaptation of Laws (Third Amendment) Order, 1951.] 

Schedule - THE SCHEDULE

THE SCHEDULE

(vide section 13)

(1)     The Degree of Doctor, Bachelor or Licentiate of Medicine, or Master, Bachelor ?r Licentiate of Surgery of the University of Madras, Bombay, Calcutta, Allahabad, [26]the Punjab or the Punjab in Pakistan the Universities of Sheffield, Bristol and Wales, the National University of Ireland and the Queen's University of Belfast.

(2)     The Degree of Doctor, Bachelor or Licentiate of Medicine, Master, Bachelor or Licentiate of Surgery or Master in Obstetrics of the Universities of Oxford, Cam­bridge, London, Durham, Manchester, Birmingham, Liverpool, Leeds, Edinburgh, Aberdeen, Glasgow, St. Andrews and Dublin, the Royal University of Ireland and the Universities of Adelaide, Malta, Melbourne, New Zealand, Sydney, Dalhouise, McGill and Laval.

(3)     The Degrees of Fellow, Member or Licentiate of the Royal Colleges of Physi­cians of London, Edinburgh and Ireland.

(4)     The Degree of Fellow, Member or Licentiate of the Royal Colleges of Surgeons of England, Edinburgh and Ireland.

(5)     The Degree of Fellow, Member or Licentiate of the College of Physicians and Surgeons of Bombay.

(6)     The Degree of Licentiate of the Apothecaries Society of London, Fellow and Licentiate of the Royal Faculty of Physicians and Surgeons of Glasgow, Licentiate of the Apothecaries Hall of Dublin, Licentiate of Medicine and surgery of the Medical College of Ceylon, the Nova Scotia Provincial Medical Board, and the Prince Ed­ward Island Medical Council.

(7)     A diploma or Certificate [27][granted by a State Government] or the Government of Burma to any person trained in a Medical College or School declaring him to be qualified to practice medicine, surgery and midwifery, or to perform the duties of a military assistant surgeon, hospital assistant or sub-assistant surgeon.

(8)     A Diploma or Certificate granted by the King Edward Hospital Medical School at Indore to any person declaring him to he qualified to practice medicine, surgery and midwifery, or to be qualified for the duties of a military assistant surgeon, hospital as­sistant or sub-assistant surgeon.