SIKKIM MEDICAL REGISTRATION RULES, 2007

 

PREAMBLE

Whereas a draft of rules which the State Government proposed to make in exercise of the powers conferred by sub-section (1) of section 31 of the Sikkim Medical Registration Act, 2005 (8 of 2005) was published as required by sub-section (1) of section 31 of the said Act in the Extraordinary Gazette No. 33 dated 5th March 2007, inviting objection and suggestion from all person likely to be affected thereby before the expiry of 45 days (forty five) days on which the copies of the Official Gazette in which the notification was published were made available to the public;

And whereas no objections or suggestion has been received from the public on the said draft within the stipulated time;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 31 of the Sikkim Medical Registration Act, 2005 (8 of 2005), the State Government hereby makes the following rules namely:-

PART I

Rule - 1. Short title and commencement.

(1)     These rules may be called the Sikkim Medical Registration Rules, 2007.

(2)     They shall come into force at once.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires-

(a)      "Act" means the Sikkim Medical Registration Act, 2005

(b)      "Form" means the forms appended to these rules.

(c)      "Government" means the State Government of Sikkim.

(d)      "President" means the President of the Sikkim Medical Council.

(e)      "Register" or the "State Medical Register" means the register kept under section 12.

(f)       "Registrar" means the Registrar appointed under section 11.

(g)      "section" means a section of the Act

PART II APPOINTMENT TO COUNCIL

Rule - 3. Election of the President and the Vice-President of the Council.

(1)     The election to the President or the Vice-President shall be held at a meeting specially convened for that purpose for which due notice has been given in accordance with these rules.

(2)     The meeting for the election of the President shall be presided over by the Vice-President:

Provided that if the Vice-President is himself standing for election or if there is no Vice-President or if he is absent, the members present shall choose amongst themselves a person other than a candidate for election to preside over the meeting.

(3)     The meeting for the election of the Vice-President shall be presided over by the President or if he is absent, the members present shall choose amongst themselves a person other than the candidate for election to preside over the meeting.

(4)     Every candidate for election as the President or the Vice-President, as the case may be, shall be duly proposed to be seconded.

(5)     Names of candidates who are duly proposed and seconded shall be read out to the members by the person presiding and the wishes of the candidates shall be ascertained whether any of them would withdraw from the contest. The person presiding shall thereafter put the names of candidates who have not withdrawn to vote. The names shall be put one by one in the order in which they have been proposed and seconded and the voting shall be decided if necessary by division. If any name is approved, the person presiding shall without putting the later names to vote declare that the member so proposed and seconded has been elected as the President, or Vice-President, as the case may be.

Rule - 4. Electoral roll for election of members by the registered practitioners.

(1)     In the case of election of members by the medical practitioners registered under the Act referred to in clause (a) of sub-section (2) of section 3, the Registrar shall be the Returning Officer. This list of medical practitioners in Form I published under subsection (1) of section 26, in the year in which elections are to be held shall constitute the preliminary electoral roll for the purpose of election of members under clause (a) of sub-section (2) of section 3.

(2)     The Returning Officer shall publish a notice in the Official Gazette specifying the mode in which and the time within which claims and objections relating to the entries or omissions in the preliminary electoral roll shall be preferred.

(3)     On or after the date fixed for the receipt of the claims and objections, the Returning Officer shall pass orders in writing on each claim or objection and revise the preliminary electoral rolls, in accordance with such orders and the rolls, as so revised shall be the final electoral roll. The additions and deletions made while revising the rolls shall be published in the Official Gazette.

Rule - 5. Electoral roll or Election of members by Faculties of Medicine of the Universities.

(1)     In the case of election of members by Members of the Faculties of Medicine of the Universities, referred to in clause (b) of sub-section (2) of section 3, the Registrar who shall be the Returning Officer, shall address the Registrar of the Universities established by law in force in the State of Sikkim to furnish a list of members of the faculties of Medicine of the University as on a date to be specified and after receipt of such list arrange the names of the members in alphabetical order. Such a list shall constitute the preliminary electoral roll for the purpose of election of members under clause (b) of subsection (2) of section 3 and it shall be published in the Official Gazette.

(2)     The procedure indicated in sub-rules (2) and (3) of rule 4 shall mutatis mutandis apply in respect of the preliminary electoral roll published under sub-rule (1).

Rule - 6. Electoral roll for election of members by Members of the staff of the Medical Colleges.

(1)     In the case of election of members by the members of staff of the Medical Colleges in the State referred to in clause (c) of sub-section (2) of section 3, the Registrar who shall be Returning Officer, shall address the Principals of the Medical Colleges in the State of Sikkim to furnish him a list of members of the staff of such colleges who are medical practitioners and whose names are registered under the Act as on a date to be specified and after receipt of such list, arrange the names of such members in alphabetical order. Such a list shall constitute the preliminary electoral roll for the purpose of election of member under clause (c) of subsection (2) of section 3 and it shall be published in the Official Gazette.

(2)     The procedure indicated in sub-rules (2) and (3) of rule 4 shall mutatis mutandis apply in respect of the preliminary electoral roll published under sub-rule (1).

Rule - 7. Programme of elections.

The Returning Officer shall notify in the Official Gazette and on the notice board of the office of the Council in respect of each of the constituencies referred to in clauses (a), (b) and (c) respectively, of sub-section (2) of section 3, the dates for each of the following stages of election, namely;-

(a)      the last date for making nominations, which shall be a date not later than sixty days before the date fixed for the counting of votes;

(b)      the date for the scrutiny of nomination which shall be the date falling on the third or the fourth day from the date of making nominations counting the last date for making nomination as the first day for the purpose;

(c)      the last date for the withdrawal of the candidature, which shall be the third or fourth day after the date for the scrutiny of the nominations;

(d)      the last date for receipt of the voting papers;

(e)      the date for the counting of votes.

Rule - 8. Qualification for election as members.

Every person whose name is entered in the final electoral rolls under rules 4, 5, and 6 respectively shall, unless disqualified under section 7 be qualified to be elected as a member from the constituency to which the electoral roll relates.

Rule - 9. Nomination of candidate.

(1)     Every candidate for election shall be nominated by means of a nomination paper in Form II which shall be supplied free of cost by the Returning Officer to any elector applying for the same.

(2)     Every candidates for election shall be proposed and seconded by the persons whose names are entered in the electoral roll of the constituency concerned.

(3)     No elector shall propose or second the nomination of more candidates than are required to fill up the vacancy or vacancies. If more nominations than are required to fill up the seat or seats be subscribed for the same elector, all nominations subscribed by him shall be invalid.

(4)     The candidate shall sign the nomination paper declaring that he is willing to serve on the Council if elected. In the absence of such declaration the nomination shall be treated as invalid.

(5)     The candidate shall deliver to the Returning Officer in person or send by registered post, the nomination paper duly signed and completed so as to reach the Returning Officer on or before the last date fixed for nomination.

(6)     On receipt of the nomination paper, the Returning Officer shall forthwith endorse thereon the date and hour of the receipt. Any nomination paper which is not received by the Returning Officer on or before the aforesaid date and time shall be rejected.

Rule - 10. Amount of deposit to be made.

(1)     Every candidate shall, along with the proposal for nomination deposit with the Returning Officer a sum of rupees five hundred in cash. A nomination paper not accompanied by such deposit shall not be accepted by the Returning Officer. The deposit shall, if it is not forfeited under sub-rule (2) be returned to the candidate, as soon as may be after declaration of the result of the election if;-

(a)      the candidate is declared or is deemed to be elected, or

(b)      the nomination of the candidate is declared invalid, or

(c)      the candidates dies after the scrutiny of nomination papers and before the election is completed, or

(d)      the candidate fails to be elected but secures valid votes as specified in sub-rule (2).

(2)     If a candidate is not elected and the valid votes recorded in his favour is less than one-eighth of the total number of votes recorded, or where the total number of members to be elected is two or more, the number of valid votes recorded in his favour is less than one-eighth of the total number of votes recorded divided by total number of members to be elected, the deposit shall be forfeited to the Council.

Rule - 11. Amount of deposit to be made.

On the date fixed for the scrutiny of nomination papers, the Returning Officer shall scrutinize the nomination papers received by him, at a place and time appointed by him in this behalf. Any candidate may be present either in person or by an accredited representative at the time of such scrutiny. The Returning Officer shall decide all questions regarding the validity of a nomination and his decision thereon shall be final. On completion of the scrutiny of nominations and after the expiry of the period within which the candidate may withdraw his candidature under rule 12, the Returning Officer shall forthwith declare the names of the candidates whose nomination papers are held valid by him.

Rule - 12. Withdrawal of Candidature.

Any candidate may withdraw his candidature by sending a Notice in writing signed by him to the Returning Officer not later than 12 noon on the date fixed for the withdrawal. A candidate who has withdrawn his candidature shall not be allowed to cancel the withdrawal.

Rule - 13. Publication of valid nominations.

(1)     On completion of the scrutiny of the nomination papers received and after the expiry of the time for withdrawal of candidature, if the Returning Officer finds that the number of valid nominations is equal to the number of members to be elected, he shall forthwith declare all such candidates to be elected to fill those seats.

(2)     If the number of valid nominations is less than the number of members to be elected, the Returning Officer shall, after the expiry of the time for withdrawal, declare the candidate or candidates to be duly elected and the President shall take steps to fill up the remaining vacancies.

(3)     if the number of valid nominations is more than the number of members to be elected, the Returning Officer shall, after the expiry of the time for withdrawal of candidature, publish their names and addresses in the Official Gazette and shall further cause their names to be entered in alphabetical order in the voting papers in Form III.

Rule - 14. Dispatch of voting papers to the voters.

(1)     If a poll is found necessary, the Returning Officer shall two weeks before the date appointed therefore, send by post to each elector a letter of intimation in Form IV together with:-

(a)      a numbered declaration paper;

(b)      a voting paper in Form III containing the names of the candidates entered in alphabetical order and bearing the Returning Officer's initials or facsimile signature;

(c)      a small blank cover with the words, "Voting Papers" printed thereon and addressed to the Returning Officer; and

(d)      a bigger out cover on which are printed, on the top left corner, the serial alphabetical number, and on the left lower corner, the name and signature column and, in the centre, the address of the Returning Officer printed as under-

"To

The Returning Officer,

Sikkim Medical Council,

Sikkim".

A certificate of posting shall be obtained in respect of each letter of intimation sent to the elector.

(2)     An elector, who has not received his voting paper and other connected papers as provided in sub-rule (1) or whose papers, before they are returned back to the Returning Officer have been inadvertently spoilt in such a manner that they cannot be conveniently used, or who has lost his papers, may on his transmitting to the Returning Officer a declaration to that effect signed by himself require the Returning Officer to send him duplicate papers in place of those not received, spoilt or lost, and if the papers have been spoilt, the same shall be returned to the Returning Officer who shall cancel them. In every case, when duplicate papers are issued, a record thereof shall be kept by the Returning Officer and a mark "Duplicate" shall be placed on the bigger cover which shall bear the same serial outer cover sent to the elector. The voting papers issued in such cases shall also be marked "Duplicate".

Rule - 15. Dispatch of voting papers to the Returning Officer.

(1)     Every-elector desirous of recording his vote shall, after filling up the declaration paper and the voting paper according to the direction given in the letter of intimation, enclose a voting paper in the voting paper cover, stick the cover, enclose the cover and the declaration paper in the bigger outer cover addressed to the Returning Officer either by post or deliver it in person so as to reach the Returning Officer not later than the hour specified on the day fixed for the poll.

(2)     On receipt of the envelopes by post or in person containing the declaration paper and the closed cover containing the voting paper, the Returning Officer shall endorse on the outer envelope the date and hour of the receipt.

Rule - 16. Counting of votes.

(1)     The Returning Officer shall attend for the purpose of scrutiny and counting of votes on the date and at the time and place appointed by him in this behalf for purpose of counting.

(2)     Any candidate may be present either in person or by his accredited representative at the counting of the votes.

(3)     The Returning Officer shall nominate as scrutinizers such number of member of the staff of the Office of the Council as he thinks fit to assist him in the counting of votes.

(4)     The Returning Officer shall open the outer envelopes immediately after the hour fixed for the counting on the day fixed for the poll in the presence of any candidate or any other person representing the candidate and the voting papers may be shown to the candidate or his representatives present at the time of scrutiny if a request is made on their behalf.

(5)     A voting paper cover shall be rejected by the Returning Office, if;-

(a)      the outer envelope contains no declaration paper outside the voting paper cover; or

(b)      the declaration paper is not the one sent by the Returning Officer; or

(c)      a declaration is not signed by the elector; or

(d)      more than one declaration paper or voting paper cover have been enclosed in one and the same outer envelope; or

(e)      number of outer envelopes containing the declaration paper and the voting paper cover are enclosed in a big cover.

(6)     In case of rejection, the word "Rejected" shall be endorsed on the voting paper cover and the declaration paper and initialed by the Returning Officer.

(7)     All the voting paper covers other than those rejected under sub-rule (5) shall be opened and the voting papers shall then be scrutinized and valid ones counted. A voting paper shall be invalid if,-

(a)      it does not bear the Returning Officer's initials or facsimile signature; or

(b)      a voter signs his name, or writes a word or makes any mark on it by which it is recognizable as his voting papers; or

(c)      no voting is recorded thereon; or

(d)      the number of votes recorded thereon is not equal to the number of votes which the voter is entitled to give; or

(e)      the voter has given more than one vote to any one candidate; or

(f)       it is void for uncertainty on account of one or more votes being exercised:

Provided that where more than one vote can be given on the same voting paper, if one of the marks is so placed as render it doubtful to which candidate it is intended to apply, the vote concerned but not the whole voting paper shall be invalid on that account.

(8)     If any objection is made to any voting paper on the ground that it does not comply with the specified requirements, or to any objection by the Returning Officer of a voting paper, shall be decided at once by the Returning Officer whose decision shall be final.

Rule - 17. Declaration of the result of the election.

(1)     When the counting of votes has been completed, the Returning Officer shall forth with declare the candidate or candidates, as the case may be, to have been elected and shall forthwith inform the successful candidate by letter of his having been elected to the Council.

(2)     When an equality of votes is found to exist between the two or more candidates, and the addition of a vote will entitle any one or more of the candidates to be declared elected, the determination of the candidate or candidate to whom such additional vote shall be deemed to have been given shall be made by lot to be drawn by the Returning Officer is such manner as he shall determine.

(3)     After the result of the election has been declared by him, the Returning Officer shall seal the voting papers and all other documents relating to the election and shall retain them in safe custody for a period of one year; and thereafter shall cause them to be destroyed.

Rule - 18. Publication of the result of the election.

The Returning Officer shall publish the declaration of the result of the election in the Official Gazette and simultaneously forward such declaration of results to the Government.

Rule - 19. Disputes regarding election.

(1)     An election petition challenging the validity of any election shall be presented to the Returning Officer by any candidate at such election within fifteen days from the publication of the results under rule 18 in the Official Gazette an election petition,-

(a)      shall be accompanied by as many copies as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition;

(b)      shall contain concise statement of material facts on which the petitioner relies;

(c)      shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure (5 of 1908) for the verification of pleadings.

(2)     Any schedule or Annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.

(3)     The petitioner shall join as respondent to his petition where the petitioner in addition to claiming a declaration that the election of the returned candidate is void, claim a further declaration that the himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner, and where any such further declaration is claimed, the returned candidate.

(4)     The Petitioner may claim any of the following declarations:-

(a)      that the election of the returned candidate is void;

(b)      that the election of the returned candidate has been duly elected.

(5)     An election petition shall be presented to the Returning Officer in person by the person making the petition or by a person authorized by him in writing in his behalf or sent by Registered post with acknowledgement due. The Returning Officer shall give a written acknowledgement for every petition presented in person.

(6)     The Returning Officer shall forward the election petition to the Government together with his remarks thereon within a week of its receipt by him.

Rule - 20. Orders of the Government on the election petition.

On receipt of the election petition from the Returning Officer the Government may after such enquiry as it needs fit and after giving an opportunity to the parties to the proceedings, of being heard, make an order:-

(a)      dismissing the petition; or

(b)      declaring the election of the returned candidate to be void; or

(c)      declaring the election of the returned candidate to be void and petitioner or any other candidate is duly elected.

Rule - 21. Casual vacancies.

(1)     When any vacancy occurs in the office of a member of the Council from any of the constituencies referred to in subsection (2) of section 3, it shall be filled up as soon as conveniently may be by the election or nomination of a member, as the case may be.

(2)     The provisions of rules 7 to 20 shall apply to a by-election from any constituency subject to the modification that the electoral roll current at the date of the notification calling upon the constituency to elect a member at such by-election shall be deemed to be the electoral roll for purposes of by-election from such constituency.

PART III REGISTRAR.

Rule - 22. Registrar to be the registered practitioner.

The Registrar to be appointed under sub-section (1) of section 11 of the Act shall be person who is a registered practitioner under the Act.

Rule - 23. Maintenance of the State Medical Register and other Registers.

The Registrar shall keep the State Medical Register and such other registers required to be kept under the Act, Rule and Regulations in accordance with the relevant Provisions of the Act, Rules and Regulations as the case may be.

Rule - 24. Registrar to be present at the meetings of the Council.

The Registrar shall be present at every meeting of the Council and shall keep minutes of the proceedings of meeting.

Rule - 25. Registrar to carry on correspondence of Council.

The Registrar as Secretary of the Council shall carry on the correspondence of the Council and shall issue all notices prescribed in the rules and regulations.

Rule - 26. Registrar to carry on correspondence of Council.

The Registrar shall carry out such duties as are required of him by the provisions of the Act and the Rules and the Regulations.

Rule - 27. Custody of documents.

The Registrar shall be responsible for safe custody of all documents.

Rule - 28. Maintenance of register containing the names of members of the Council and occurrence of the vacancies.

A register shall be kept containing the names of each member of the Council, the date of notification of his appointment or election, the terms for which he was appointed and the date on which he ceased to be a member. The register which shall be maintained Regularly shall also show the date within which the authority having power to appoint or cause an election be held shall make a new appointment or cause the election of a new member.

Rule - 29. Opening of account.

A saving bank account shall be opened for and on behalf of the Council in the State Bank of Sikkim. Headquarters Branch and all the funds of the Council shall be deposited in the Bank.

Rule - 30. Deposit of moneys.

The Registrar shall receive all moneys payable to the Council and issue receipts for the same. He shall deposit such moneys in the Bank of the credit of the Council and he shall at no time keep with him a sum of exceeding rupees five hundred.

Rule - 31. Statement of income and expenditure.

The Registrar shall in the month of July each year prepare a statement of income and expenditure of the preceding financial year and draw the attention of the Council to such matters as deserve notice.

Rule - 32. Preparation of Registrar.

The annual accounts shall be prepared by the Registrar.

Rule - 33. Annual accounts Budget.

The budget estimates of the council for every year commencing from the first day of April shall be laid before the Council at its meeting sufficiently in advance of the commencement of the year or circulated to the members of the Council in advance for being considered and approved at a meeting of the Council.

Such estimate shall provide for the liabilities of the Council for effectually carrying out its objects. It shall include on its revenue side, besides all revenue ordinarily anticipated, such grants as the Government may be pleased to allot and all fees received from registration or other sources.

Rule - 34. Consideration of Budget.

The Council shall consider the estimate submitted and shall sanction the same either without alteration or subject to such alteration as it deems fit.

Rule - 35. Payment of bills.

A bill or other voucher presented as a claim for money shall be received and examined by the Registrar. If the claim be for a sum not exceeding rupees five hundred and the bill or voucher is in order, he shall pay it. If the claim be for a sum exceeding rupees five hundred but not exceeding rupees ten thousand, payment shall be made by the Registrar after obtaining previous sanction of the President. If the claim is above rupees ten thousand, payment shall not be made until it has been examined and passed by the Council.

Rule - 36. Cash Book.

The Registrar shall immediately enter in the general cash book all moneys received or spent by the Council.

Rule - 37. Signing Cheques.

All cheques shall be signed both by the Registrar and the President.

Rule - 38. Audit.

The accounts of the Council shall be audited by such officers as the Government may direct.

PART IV REGISTRATION OF MEDICAL PRACTITIONERS

Rule - 39. Registration of Medical Practitioners.

(1)     Every person practicing in the State who claims to hold any of the medical qualifications included in the Schedules to the Indian Medical Council Act, 1956 shall apply to the Registrar for his name to be entered in the State Medical Register along with his application, he shall furnish such particulars as are referred to in sub-section (1) of section 13 and also pay a fee of rupees one thousand.

(2)     An applicant referred to in sub-rule (1) shall also furnish information along with his application as to whether he has been convicted of a cognizable offence as defined in the Code of Criminal Procedure, 1973 or any other law for the time being in force, or whether he has been found guilty by the Indian Medical Council or the Sikkim Medical Council or by the Medical Council of any other State in India, of infamous conduct in any professional respect.

Rule - 40. Maintenance of list of provisionally registered medical Practitioners.

The Registrar shall maintain a list of provision registered medical practitioners and shall issue to such practitioners a certificate in the form prescribed and approved by the State Medical Council.

Rule - 41. Qualifications for registration.

Any person applying for the registration under section 13 shall state in his application that he possesses any of the recognized medical qualifications included in the Schedule to the Indian Medical Council Act, 1956, as one of the qualifications entitling him for registration. He shall also furnish a certificate from the competent authority of the institution where he underwent a period of training which is included in the course of study for obtaining the recognized medical qualification.

Rule - 42. Certificate of Registration.

Every person whose name is registered under the Act shall be granted a certificate in the form prescribed by the Council.

Rule - 43. Renewal of Registration.

Each Medical Practitioner registered under the Act shall apply to the Medical Council well in time with a renewal fee of rupees five hundred on or before the 31st of December every three years for the continuance of his name in the register.-

Rule - 44. Change of address.

Every registered practitioner shall immediately give notice to the Registrar of any change of name or change of permanent address for being entered in the register. Whenever there is a request for entering a change of name, documentary evidence in support of name being recorded shall also be furnished to the Registrar.

Rule - 45. Entries to be made in the Register.

At the end of the Medical Register there shall be entered,-

(a)      the total number of persons whose names have been published;

(b)      the number of persons whose names were added to the register by registration during the year;

(c)      the number of persons whose names have been renewed during the year;

(d)      the number of persons whose names were moved from the register during the year stating the particular section in pursuance of which the names were removed;

(e)      the number of persons whose names were removed on account of death;

(f)       the number of persons who are accorded provisional registration for clinical practice.

Rule - 46. Appeal to the Council against the decision of the Registrar.

(1)     (a) Any person aggrieved by the decision of the Registrar respecting a first registration or any subsequent altercation may within thirty days from the date of communication of the decision of the Registrar to him, file an appeal to the Medical Council.

(b) The appeal shall be addressed to the President and it shall briefly indicate the facts of the case and the points for arguments which the appellant wished to urge in support of the claim. A copy of the application made to the Registrar in respect to which a decision has been given by the Registrar, and a copy of the communication of the Registrar, containing his decision, shall also be enclosed to the appeal petition.

(c) On receipt of the appeal as aforesaid, the President shall call for the concerned records from the Registrar in the matter.

(d) The President shall then direct the Registrar to include the appeal as an item for consideration at a meeting of the Council.

(e) The President shall prepare a summary of the case and the arguments advanced and submit the same to the Council.

(2)     The Medical Council, after such enquiry as it deems fit in the circumstances of the case, shall give an opportunity to the person concerned of being heard on such date and time after giving him due notice. The Council may call upon such person to produce such documents as are necessary for consideration of the case before coming to a decision.

After consideration of all the factors, the Council may decide the question at a meeting and decision of Council in respect of the appeal shall be communicated to the person concerned in writing.

Rule - 47. Fees.

The following fees shall be levied by the Council, namely:-

The fees are subject to review by the Government from time to time, on the recommendation of the Council. The Council may also levy appropriate charges for the supply of application forms and other documents to compensate for the expenses incurred in stationery and printing.

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SIKKIM MEDICAL REGISTRATION RULES, 2007

 

PREAMBLE

Whereas a draft of rules which the State Government proposed to make in exercise of the powers conferred by sub-section (1) of section 31 of the Sikkim Medical Registration Act, 2005 (8 of 2005) was published as required by sub-section (1) of section 31 of the said Act in the Extraordinary Gazette No. 33 dated 5th March 2007, inviting objection and suggestion from all person likely to be affected thereby before the expiry of 45 days (forty five) days on which the copies of the Official Gazette in which the notification was published were made available to the public;

And whereas no objections or suggestion has been received from the public on the said draft within the stipulated time;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 31 of the Sikkim Medical Registration Act, 2005 (8 of 2005), the State Government hereby makes the following rules namely:-

PART I

Rule - 1. Short title and commencement.

(1)     These rules may be called the Sikkim Medical Registration Rules, 2007.

(2)     They shall come into force at once.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires-

(a)      "Act" means the Sikkim Medical Registration Act, 2005

(b)      "Form" means the forms appended to these rules.

(c)      "Government" means the State Government of Sikkim.

(d)      "President" means the President of the Sikkim Medical Council.

(e)      "Register" or the "State Medical Register" means the register kept under section 12.

(f)       "Registrar" means the Registrar appointed under section 11.

(g)      "section" means a section of the Act

PART II APPOINTMENT TO COUNCIL

Rule - 3. Election of the President and the Vice-President of the Council.

(1)     The election to the President or the Vice-President shall be held at a meeting specially convened for that purpose for which due notice has been given in accordance with these rules.

(2)     The meeting for the election of the President shall be presided over by the Vice-President:

Provided that if the Vice-President is himself standing for election or if there is no Vice-President or if he is absent, the members present shall choose amongst themselves a person other than a candidate for election to preside over the meeting.

(3)     The meeting for the election of the Vice-President shall be presided over by the President or if he is absent, the members present shall choose amongst themselves a person other than the candidate for election to preside over the meeting.

(4)     Every candidate for election as the President or the Vice-President, as the case may be, shall be duly proposed to be seconded.

(5)     Names of candidates who are duly proposed and seconded shall be read out to the members by the person presiding and the wishes of the candidates shall be ascertained whether any of them would withdraw from the contest. The person presiding shall thereafter put the names of candidates who have not withdrawn to vote. The names shall be put one by one in the order in which they have been proposed and seconded and the voting shall be decided if necessary by division. If any name is approved, the person presiding shall without putting the later names to vote declare that the member so proposed and seconded has been elected as the President, or Vice-President, as the case may be.

Rule - 4. Electoral roll for election of members by the registered practitioners.

(1)     In the case of election of members by the medical practitioners registered under the Act referred to in clause (a) of sub-section (2) of section 3, the Registrar shall be the Returning Officer. This list of medical practitioners in Form I published under subsection (1) of section 26, in the year in which elections are to be held shall constitute the preliminary electoral roll for the purpose of election of members under clause (a) of sub-section (2) of section 3.

(2)     The Returning Officer shall publish a notice in the Official Gazette specifying the mode in which and the time within which claims and objections relating to the entries or omissions in the preliminary electoral roll shall be preferred.

(3)     On or after the date fixed for the receipt of the claims and objections, the Returning Officer shall pass orders in writing on each claim or objection and revise the preliminary electoral rolls, in accordance with such orders and the rolls, as so revised shall be the final electoral roll. The additions and deletions made while revising the rolls shall be published in the Official Gazette.

Rule - 5. Electoral roll or Election of members by Faculties of Medicine of the Universities.

(1)     In the case of election of members by Members of the Faculties of Medicine of the Universities, referred to in clause (b) of sub-section (2) of section 3, the Registrar who shall be the Returning Officer, shall address the Registrar of the Universities established by law in force in the State of Sikkim to furnish a list of members of the faculties of Medicine of the University as on a date to be specified and after receipt of such list arrange the names of the members in alphabetical order. Such a list shall constitute the preliminary electoral roll for the purpose of election of members under clause (b) of subsection (2) of section 3 and it shall be published in the Official Gazette.

(2)     The procedure indicated in sub-rules (2) and (3) of rule 4 shall mutatis mutandis apply in respect of the preliminary electoral roll published under sub-rule (1).

Rule - 6. Electoral roll for election of members by Members of the staff of the Medical Colleges.

(1)     In the case of election of members by the members of staff of the Medical Colleges in the State referred to in clause (c) of sub-section (2) of section 3, the Registrar who shall be Returning Officer, shall address the Principals of the Medical Colleges in the State of Sikkim to furnish him a list of members of the staff of such colleges who are medical practitioners and whose names are registered under the Act as on a date to be specified and after receipt of such list, arrange the names of such members in alphabetical order. Such a list shall constitute the preliminary electoral roll for the purpose of election of member under clause (c) of subsection (2) of section 3 and it shall be published in the Official Gazette.

(2)     The procedure indicated in sub-rules (2) and (3) of rule 4 shall mutatis mutandis apply in respect of the preliminary electoral roll published under sub-rule (1).

Rule - 7. Programme of elections.

The Returning Officer shall notify in the Official Gazette and on the notice board of the office of the Council in respect of each of the constituencies referred to in clauses (a), (b) and (c) respectively, of sub-section (2) of section 3, the dates for each of the following stages of election, namely;-

(a)      the last date for making nominations, which shall be a date not later than sixty days before the date fixed for the counting of votes;

(b)      the date for the scrutiny of nomination which shall be the date falling on the third or the fourth day from the date of making nominations counting the last date for making nomination as the first day for the purpose;

(c)      the last date for the withdrawal of the candidature, which shall be the third or fourth day after the date for the scrutiny of the nominations;

(d)      the last date for receipt of the voting papers;

(e)      the date for the counting of votes.

Rule - 8. Qualification for election as members.

Every person whose name is entered in the final electoral rolls under rules 4, 5, and 6 respectively shall, unless disqualified under section 7 be qualified to be elected as a member from the constituency to which the electoral roll relates.

Rule - 9. Nomination of candidate.

(1)     Every candidate for election shall be nominated by means of a nomination paper in Form II which shall be supplied free of cost by the Returning Officer to any elector applying for the same.

(2)     Every candidates for election shall be proposed and seconded by the persons whose names are entered in the electoral roll of the constituency concerned.

(3)     No elector shall propose or second the nomination of more candidates than are required to fill up the vacancy or vacancies. If more nominations than are required to fill up the seat or seats be subscribed for the same elector, all nominations subscribed by him shall be invalid.

(4)     The candidate shall sign the nomination paper declaring that he is willing to serve on the Council if elected. In the absence of such declaration the nomination shall be treated as invalid.

(5)     The candidate shall deliver to the Returning Officer in person or send by registered post, the nomination paper duly signed and completed so as to reach the Returning Officer on or before the last date fixed for nomination.

(6)     On receipt of the nomination paper, the Returning Officer shall forthwith endorse thereon the date and hour of the receipt. Any nomination paper which is not received by the Returning Officer on or before the aforesaid date and time shall be rejected.

Rule - 10. Amount of deposit to be made.

(1)     Every candidate shall, along with the proposal for nomination deposit with the Returning Officer a sum of rupees five hundred in cash. A nomination paper not accompanied by such deposit shall not be accepted by the Returning Officer. The deposit shall, if it is not forfeited under sub-rule (2) be returned to the candidate, as soon as may be after declaration of the result of the election if;-

(a)      the candidate is declared or is deemed to be elected, or

(b)      the nomination of the candidate is declared invalid, or

(c)      the candidates dies after the scrutiny of nomination papers and before the election is completed, or

(d)      the candidate fails to be elected but secures valid votes as specified in sub-rule (2).

(2)     If a candidate is not elected and the valid votes recorded in his favour is less than one-eighth of the total number of votes recorded, or where the total number of members to be elected is two or more, the number of valid votes recorded in his favour is less than one-eighth of the total number of votes recorded divided by total number of members to be elected, the deposit shall be forfeited to the Council.

Rule - 11. Amount of deposit to be made.

On the date fixed for the scrutiny of nomination papers, the Returning Officer shall scrutinize the nomination papers received by him, at a place and time appointed by him in this behalf. Any candidate may be present either in person or by an accredited representative at the time of such scrutiny. The Returning Officer shall decide all questions regarding the validity of a nomination and his decision thereon shall be final. On completion of the scrutiny of nominations and after the expiry of the period within which the candidate may withdraw his candidature under rule 12, the Returning Officer shall forthwith declare the names of the candidates whose nomination papers are held valid by him.

Rule - 12. Withdrawal of Candidature.

Any candidate may withdraw his candidature by sending a Notice in writing signed by him to the Returning Officer not later than 12 noon on the date fixed for the withdrawal. A candidate who has withdrawn his candidature shall not be allowed to cancel the withdrawal.

Rule - 13. Publication of valid nominations.

(1)     On completion of the scrutiny of the nomination papers received and after the expiry of the time for withdrawal of candidature, if the Returning Officer finds that the number of valid nominations is equal to the number of members to be elected, he shall forthwith declare all such candidates to be elected to fill those seats.

(2)     If the number of valid nominations is less than the number of members to be elected, the Returning Officer shall, after the expiry of the time for withdrawal, declare the candidate or candidates to be duly elected and the President shall take steps to fill up the remaining vacancies.

(3)     if the number of valid nominations is more than the number of members to be elected, the Returning Officer shall, after the expiry of the time for withdrawal of candidature, publish their names and addresses in the Official Gazette and shall further cause their names to be entered in alphabetical order in the voting papers in Form III.

Rule - 14. Dispatch of voting papers to the voters.

(1)     If a poll is found necessary, the Returning Officer shall two weeks before the date appointed therefore, send by post to each elector a letter of intimation in Form IV together with:-

(a)      a numbered declaration paper;

(b)      a voting paper in Form III containing the names of the candidates entered in alphabetical order and bearing the Returning Officer's initials or facsimile signature;

(c)      a small blank cover with the words, "Voting Papers" printed thereon and addressed to the Returning Officer; and

(d)      a bigger out cover on which are printed, on the top left corner, the serial alphabetical number, and on the left lower corner, the name and signature column and, in the centre, the address of the Returning Officer printed as under-

"To

The Returning Officer,

Sikkim Medical Council,

Sikkim".

A certificate of posting shall be obtained in respect of each letter of intimation sent to the elector.

(2)     An elector, who has not received his voting paper and other connected papers as provided in sub-rule (1) or whose papers, before they are returned back to the Returning Officer have been inadvertently spoilt in such a manner that they cannot be conveniently used, or who has lost his papers, may on his transmitting to the Returning Officer a declaration to that effect signed by himself require the Returning Officer to send him duplicate papers in place of those not received, spoilt or lost, and if the papers have been spoilt, the same shall be returned to the Returning Officer who shall cancel them. In every case, when duplicate papers are issued, a record thereof shall be kept by the Returning Officer and a mark "Duplicate" shall be placed on the bigger cover which shall bear the same serial outer cover sent to the elector. The voting papers issued in such cases shall also be marked "Duplicate".

Rule - 15. Dispatch of voting papers to the Returning Officer.

(1)     Every-elector desirous of recording his vote shall, after filling up the declaration paper and the voting paper according to the direction given in the letter of intimation, enclose a voting paper in the voting paper cover, stick the cover, enclose the cover and the declaration paper in the bigger outer cover addressed to the Returning Officer either by post or deliver it in person so as to reach the Returning Officer not later than the hour specified on the day fixed for the poll.

(2)     On receipt of the envelopes by post or in person containing the declaration paper and the closed cover containing the voting paper, the Returning Officer shall endorse on the outer envelope the date and hour of the receipt.

Rule - 16. Counting of votes.

(1)     The Returning Officer shall attend for the purpose of scrutiny and counting of votes on the date and at the time and place appointed by him in this behalf for purpose of counting.

(2)     Any candidate may be present either in person or by his accredited representative at the counting of the votes.

(3)     The Returning Officer shall nominate as scrutinizers such number of member of the staff of the Office of the Council as he thinks fit to assist him in the counting of votes.

(4)     The Returning Officer shall open the outer envelopes immediately after the hour fixed for the counting on the day fixed for the poll in the presence of any candidate or any other person representing the candidate and the voting papers may be shown to the candidate or his representatives present at the time of scrutiny if a request is made on their behalf.

(5)     A voting paper cover shall be rejected by the Returning Office, if;-

(a)      the outer envelope contains no declaration paper outside the voting paper cover; or

(b)      the declaration paper is not the one sent by the Returning Officer; or

(c)      a declaration is not signed by the elector; or

(d)      more than one declaration paper or voting paper cover have been enclosed in one and the same outer envelope; or

(e)      number of outer envelopes containing the declaration paper and the voting paper cover are enclosed in a big cover.

(6)     In case of rejection, the word "Rejected" shall be endorsed on the voting paper cover and the declaration paper and initialed by the Returning Officer.

(7)     All the voting paper covers other than those rejected under sub-rule (5) shall be opened and the voting papers shall then be scrutinized and valid ones counted. A voting paper shall be invalid if,-

(a)      it does not bear the Returning Officer's initials or facsimile signature; or

(b)      a voter signs his name, or writes a word or makes any mark on it by which it is recognizable as his voting papers; or

(c)      no voting is recorded thereon; or

(d)      the number of votes recorded thereon is not equal to the number of votes which the voter is entitled to give; or

(e)      the voter has given more than one vote to any one candidate; or

(f)       it is void for uncertainty on account of one or more votes being exercised:

Provided that where more than one vote can be given on the same voting paper, if one of the marks is so placed as render it doubtful to which candidate it is intended to apply, the vote concerned but not the whole voting paper shall be invalid on that account.

(8)     If any objection is made to any voting paper on the ground that it does not comply with the specified requirements, or to any objection by the Returning Officer of a voting paper, shall be decided at once by the Returning Officer whose decision shall be final.

Rule - 17. Declaration of the result of the election.

(1)     When the counting of votes has been completed, the Returning Officer shall forth with declare the candidate or candidates, as the case may be, to have been elected and shall forthwith inform the successful candidate by letter of his having been elected to the Council.

(2)     When an equality of votes is found to exist between the two or more candidates, and the addition of a vote will entitle any one or more of the candidates to be declared elected, the determination of the candidate or candidate to whom such additional vote shall be deemed to have been given shall be made by lot to be drawn by the Returning Officer is such manner as he shall determine.

(3)     After the result of the election has been declared by him, the Returning Officer shall seal the voting papers and all other documents relating to the election and shall retain them in safe custody for a period of one year; and thereafter shall cause them to be destroyed.

Rule - 18. Publication of the result of the election.

The Returning Officer shall publish the declaration of the result of the election in the Official Gazette and simultaneously forward such declaration of results to the Government.

Rule - 19. Disputes regarding election.

(1)     An election petition challenging the validity of any election shall be presented to the Returning Officer by any candidate at such election within fifteen days from the publication of the results under rule 18 in the Official Gazette an election petition,-

(a)      shall be accompanied by as many copies as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition;

(b)      shall contain concise statement of material facts on which the petitioner relies;

(c)      shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure (5 of 1908) for the verification of pleadings.

(2)     Any schedule or Annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.

(3)     The petitioner shall join as respondent to his petition where the petitioner in addition to claiming a declaration that the election of the returned candidate is void, claim a further declaration that the himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner, and where any such further declaration is claimed, the returned candidate.

(4)     The Petitioner may claim any of the following declarations:-

(a)      that the election of the returned candidate is void;

(b)      that the election of the returned candidate has been duly elected.

(5)     An election petition shall be presented to the Returning Officer in person by the person making the petition or by a person authorized by him in writing in his behalf or sent by Registered post with acknowledgement due. The Returning Officer shall give a written acknowledgement for every petition presented in person.

(6)     The Returning Officer shall forward the election petition to the Government together with his remarks thereon within a week of its receipt by him.

Rule - 20. Orders of the Government on the election petition.

On receipt of the election petition from the Returning Officer the Government may after such enquiry as it needs fit and after giving an opportunity to the parties to the proceedings, of being heard, make an order:-

(a)      dismissing the petition; or

(b)      declaring the election of the returned candidate to be void; or

(c)      declaring the election of the returned candidate to be void and petitioner or any other candidate is duly elected.

Rule - 21. Casual vacancies.

(1)     When any vacancy occurs in the office of a member of the Council from any of the constituencies referred to in subsection (2) of section 3, it shall be filled up as soon as conveniently may be by the election or nomination of a member, as the case may be.

(2)     The provisions of rules 7 to 20 shall apply to a by-election from any constituency subject to the modification that the electoral roll current at the date of the notification calling upon the constituency to elect a member at such by-election shall be deemed to be the electoral roll for purposes of by-election from such constituency.

PART III REGISTRAR.

Rule - 22. Registrar to be the registered practitioner.

The Registrar to be appointed under sub-section (1) of section 11 of the Act shall be person who is a registered practitioner under the Act.

Rule - 23. Maintenance of the State Medical Register and other Registers.

The Registrar shall keep the State Medical Register and such other registers required to be kept under the Act, Rule and Regulations in accordance with the relevant Provisions of the Act, Rules and Regulations as the case may be.

Rule - 24. Registrar to be present at the meetings of the Council.

The Registrar shall be present at every meeting of the Council and shall keep minutes of the proceedings of meeting.

Rule - 25. Registrar to carry on correspondence of Council.

The Registrar as Secretary of the Council shall carry on the correspondence of the Council and shall issue all notices prescribed in the rules and regulations.

Rule - 26. Registrar to carry on correspondence of Council.

The Registrar shall carry out such duties as are required of him by the provisions of the Act and the Rules and the Regulations.

Rule - 27. Custody of documents.

The Registrar shall be responsible for safe custody of all documents.

Rule - 28. Maintenance of register containing the names of members of the Council and occurrence of the vacancies.

A register shall be kept containing the names of each member of the Council, the date of notification of his appointment or election, the terms for which he was appointed and the date on which he ceased to be a member. The register which shall be maintained Regularly shall also show the date within which the authority having power to appoint or cause an election be held shall make a new appointment or cause the election of a new member.

Rule - 29. Opening of account.

A saving bank account shall be opened for and on behalf of the Council in the State Bank of Sikkim. Headquarters Branch and all the funds of the Council shall be deposited in the Bank.

Rule - 30. Deposit of moneys.

The Registrar shall receive all moneys payable to the Council and issue receipts for the same. He shall deposit such moneys in the Bank of the credit of the Council and he shall at no time keep with him a sum of exceeding rupees five hundred.

Rule - 31. Statement of income and expenditure.

The Registrar shall in the month of July each year prepare a statement of income and expenditure of the preceding financial year and draw the attention of the Council to such matters as deserve notice.

Rule - 32. Preparation of Registrar.

The annual accounts shall be prepared by the Registrar.

Rule - 33. Annual accounts Budget.

The budget estimates of the council for every year commencing from the first day of April shall be laid before the Council at its meeting sufficiently in advance of the commencement of the year or circulated to the members of the Council in advance for being considered and approved at a meeting of the Council.

Such estimate shall provide for the liabilities of the Council for effectually carrying out its objects. It shall include on its revenue side, besides all revenue ordinarily anticipated, such grants as the Government may be pleased to allot and all fees received from registration or other sources.

Rule - 34. Consideration of Budget.

The Council shall consider the estimate submitted and shall sanction the same either without alteration or subject to such alteration as it deems fit.

Rule - 35. Payment of bills.

A bill or other voucher presented as a claim for money shall be received and examined by the Registrar. If the claim be for a sum not exceeding rupees five hundred and the bill or voucher is in order, he shall pay it. If the claim be for a sum exceeding rupees five hundred but not exceeding rupees ten thousand, payment shall be made by the Registrar after obtaining previous sanction of the President. If the claim is above rupees ten thousand, payment shall not be made until it has been examined and passed by the Council.

Rule - 36. Cash Book.

The Registrar shall immediately enter in the general cash book all moneys received or spent by the Council.

Rule - 37. Signing Cheques.

All cheques shall be signed both by the Registrar and the President.

Rule - 38. Audit.

The accounts of the Council shall be audited by such officers as the Government may direct.

PART IV REGISTRATION OF MEDICAL PRACTITIONERS

Rule - 39. Registration of Medical Practitioners.

(1)     Every person practicing in the State who claims to hold any of the medical qualifications included in the Schedules to the Indian Medical Council Act, 1956 shall apply to the Registrar for his name to be entered in the State Medical Register along with his application, he shall furnish such particulars as are referred to in sub-section (1) of section 13 and also pay a fee of rupees one thousand.

(2)     An applicant referred to in sub-rule (1) shall also furnish information along with his application as to whether he has been convicted of a cognizable offence as defined in the Code of Criminal Procedure, 1973 or any other law for the time being in force, or whether he has been found guilty by the Indian Medical Council or the Sikkim Medical Council or by the Medical Council of any other State in India, of infamous conduct in any professional respect.

Rule - 40. Maintenance of list of provisionally registered medical Practitioners.

The Registrar shall maintain a list of provision registered medical practitioners and shall issue to such practitioners a certificate in the form prescribed and approved by the State Medical Council.

Rule - 41. Qualifications for registration.

Any person applying for the registration under section 13 shall state in his application that he possesses any of the recognized medical qualifications included in the Schedule to the Indian Medical Council Act, 1956, as one of the qualifications entitling him for registration. He shall also furnish a certificate from the competent authority of the institution where he underwent a period of training which is included in the course of study for obtaining the recognized medical qualification.

Rule - 42. Certificate of Registration.

Every person whose name is registered under the Act shall be granted a certificate in the form prescribed by the Council.

Rule - 43. Renewal of Registration.

Each Medical Practitioner registered under the Act shall apply to the Medical Council well in time with a renewal fee of rupees five hundred on or before the 31st of December every three years for the continuance of his name in the register.-

Rule - 44. Change of address.

Every registered practitioner shall immediately give notice to the Registrar of any change of name or change of permanent address for being entered in the register. Whenever there is a request for entering a change of name, documentary evidence in support of name being recorded shall also be furnished to the Registrar.

Rule - 45. Entries to be made in the Register.

At the end of the Medical Register there shall be entered,-

(a)      the total number of persons whose names have been published;

(b)      the number of persons whose names were added to the register by registration during the year;

(c)      the number of persons whose names have been renewed during the year;

(d)      the number of persons whose names were moved from the register during the year stating the particular section in pursuance of which the names were removed;

(e)      the number of persons whose names were removed on account of death;

(f)       the number of persons who are accorded provisional registration for clinical practice.

Rule - 46. Appeal to the Council against the decision of the Registrar.

(1)     (a) Any person aggrieved by the decision of the Registrar respecting a first registration or any subsequent altercation may within thirty days from the date of communication of the decision of the Registrar to him, file an appeal to the Medical Council.

(b) The appeal shall be addressed to the President and it shall briefly indicate the facts of the case and the points for arguments which the appellant wished to urge in support of the claim. A copy of the application made to the Registrar in respect to which a decision has been given by the Registrar, and a copy of the communication of the Registrar, containing his decision, shall also be enclosed to the appeal petition.

(c) On receipt of the appeal as aforesaid, the President shall call for the concerned records from the Registrar in the matter.

(d) The President shall then direct the Registrar to include the appeal as an item for consideration at a meeting of the Council.

(e) The President shall prepare a summary of the case and the arguments advanced and submit the same to the Council.

(2)     The Medical Council, after such enquiry as it deems fit in the circumstances of the case, shall give an opportunity to the person concerned of being heard on such date and time after giving him due notice. The Council may call upon such person to produce such documents as are necessary for consideration of the case before coming to a decision.

After consideration of all the factors, the Council may decide the question at a meeting and decision of Council in respect of the appeal shall be communicated to the person concerned in writing.

Rule - 47. Fees.

The following fees shall be levied by the Council, namely:-

The fees are subject to review by the Government from time to time, on the recommendation of the Council. The Council may also levy appropriate charges for the supply of application forms and other documents to compensate for the expenses incurred in stationery and printing.