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Welcome To Gujarat Medical Council
GUJARAT MEDICAL COUNCIL ACT, 1967
 
The following Act of the Gujarat Legislature having been assented to by the President on the 2nd April, 1968 is hereby published for general informtion :..
SUMANT M. VIDYARTHI,
Secretary to the Government of Gujarat,
Legal Department.
 
GUJARAT ACT NO, 10 OF 1968
( First published after having received the assent of the President in the "Gujarat Government Gazette" on the 15th April, 1968).
An Act to consolidate and amend the law regulating the regulating the registration of presons practising modern scientific medicine in the State of Gujarat.
It is hereby enacted in the Eighteen Year of the Republic of India as follows :-
 
CHAPTER I
  » PRELIMINARY
CHAPTER II
  » CONSTITUTION, FUNCTIONS AND POWERS OF THE COUNCIL
CHAPTER III
  » PREPARATION AND MAINTENANCE OF REGISTER
CHAPTER IV
  » MISCELLANEOUS
CHAPTER V
  » REPEAL AND TRANSITIONAL PROVISIONS
THE SCHEDULE
  » [SECTIONS 16(3), 27 AND 28]
 
CHAPTER I » PRELIMINARY TOP
  1.
(1)
This Act may be called the Gujarat Mediical Council Act 1967.
(2)
It extends to the whole of the State of Gujarat.
(3)
This section shall come into force at once;and the remaining provisions of this Act shall cime into force on such date as the Government may, by notification in the Offcial Gazette
Short title, extent and commencement,
  2.
 
In this Act, unless the context otherwise required,-
(a)
"appointed day" means the date on which the provisions of this act other than section 1 come into force under sub-section (3) of section 1,
(b)
"Council" means the Gujarat Medical Council constituted under section 3 ;
(c)
"Executive Committee" means the Executive Committee of the Council constituted under section 11;
(d)
"madical practitioner" or "practitioner" means a person who is engahed in the practice of modern scientific medical in any of its branched including surgery and obstrics, but not including veterinary medicine or surgery or the Ayurvedic, Unani ot Homoeolathic system of medicine ;
(e)
"mamber" means a member of the Coucil;
(f)
"prascribed" means prescribed by rules ;
(g)
"President” means the President of the Council;
(h)
"register" means the register of medical practitioners prepared or deemed to be prepared and maintained under this Act;
(i)
"registered practitioner" means a medical practitioner whose name is for the time being entered in the register, but does not include a preson whose name is provisionally entered in the register ;
(j)
“Registrar” means the Registrar appointed under section 33 or 14, as the case may be;
(k)
"rules" means rules made under section 31;
(l)
"Schedule" means the Schedule appended to this Act ;
(m)
"Vice-President" means the Vice-President of the Council.
 
       
  3. CHAPTER II » CONSTITUTION, FUNCTIONS AND POWERS OF THE COUNCIL
   
(1)
With effect from such date as the State Government may,by notification tn the Official Gazette notify, there shall be constitutied for the purposes of this Act a Council to br called "the Gujarat Medical Council".
(2)
The Council shall be a body corporate, having perpetual succession andT a common seal, with power to acquire, hold and disposse of property, whether moveable or immoveable and to contract and to do all things necessary for the purpose of this Act, and may be the name aforesaid sue and be sued.
(3)
The Council shall consist of the following members namely:-
 
(a) five members to be nominated by the State Government , out of whom not more than one may be a plelrson who is not a practitioner:
(b) one member from each University established by law in the State which has a medical faculty elected by members of the medical faculty of the University from amongst members therof who are practitioner : and
(c) six members to be elected by registered practitioners from amongst them selves.
(4)
The President and Vice-President shall be elected by the members from amongst themselves.
(5)
The election of the members, and of the President and Vice-President , shall be held at such time, and at such place and in such manner, as may be prescribed.
(6)
If at any election , the electors fail to elect the requisite number of members, or the President or the Vice-President , the State Government shall nominate such registered practitioner or practitioners as it deems fit, to fill up the vacancy or vacancies and the praactiioners so nominated shall be deemed to have been duly elected under this section.
(7)
Where any dispute arises regarding any election of a member or the Prasident or Vice-President, it shall be referred to the State Government,and the decision of that Government shall be final.
(8)
Notwithstanding anything contained in sub-section (3) :-
 
(i) in respect of the constitution of the Council for the first time under this Act, the members thereof shall be nominated by the State Government from amongst persons qualified to be or nominated as members of the repective class :
(ii) the members so nominated shall hold office for such period not exceeding three years in the aggregate as the State Government may, by notification in the Officoal Gazette, specify.
Constitution and incorporation of the Council
  4.
(1)
The State Government
Shall by notification in the Official Gazette publish the names of the members whether elected or nominated.
(2)
Save as otherwise provided by this Act, a member, whether elected or nominated, shall hold office for a term of five years from the date of publication of the notification under sub-section (1):

Provided that,where a person is elected by members of medical faculty of a University he shall cease to hold office as member if he ceases to belong to that faculty.

(3)
Save as otherwise provided by this Act, the President or the Vice-President shall hold office from the date of his election upto the day on which his term of office as member expires.
(4)
The term of office of asnoutgoin member shall, notwithstanding anything contained in sub-section (2), be deemed to extend to and expire with the day immediately preceding the day on which the names of the succesor mambers are published under sub-section (1),
(5)
The term of office of an outging President or Vice-President shall, notwithstanding anything conained in sub-section (3),be deemed to extend to and expire with the day immediately preceding the day on which the successor President or Vice-President as the case may be, is elected.
(6)
An outgoing member, President or Vice-President shall be eligiblefor re-election or re-nomination.
(7)
Leave of absence may be granted by the Council to any member for a period not excceding six months.
 
  5.
(1)
Any casual vacancy,previous to the expiry of the term, in the office of the President or the Vice-President oe a member elected under clause (b),or (c), of sub-section 3, caused by reason,shall be filled by ellection :

Provided that any such vacancy in the office of an elected member occurring within six months prior to the date on which the of office of all the members expires, shall not be filled.

(2)
Any casual vacancy,privious to the expiry of the trem in the office of a member nominated under clause (a) of sub-section (8) of section 3 shall be reported forthwith by the Registrar to the State Government, and shall as soon as possible thereafter be filles by the State Government by nomination.
(3)
Any person elected under sub-section (1) or nominated under sub-section (2) to fill a causual vacancy sahll, notewithsta- -nding anything contained in sub-section (8) of section 3 or section 4, hold office only so long as the person in whose place he is elected or nominated woule have held office,if the vancancy had not occurred.
Casual vacancies
  6.
(1)
The President or the Vice-President may at any time tesign his office by a notice in wriring addressed to the Council and delevered to the Registrar. The regisignation shall take effect from the date on the delivery of the notice, which ever event occurs eariler.
(2)
An elected member may at eny time resign his office by a notice in writing addressed to the President. Anominated memer mey ar any time resign his office by a notice in writing addressed to the Steate Government. Every such resignation shall take effect from the date on which it is accepted by the President or, as rhe cade may be, the State government or on the expiry of sixty days from the date of the receipt of the natice, whichever event occurs eariler.
Resignation
  7.
(1)
A person shall be disqualified for being elected or nomination as, and for continuing as, a member,--
 
(a) if he is an undischarged insolvent :
(b) if he is of unsound mind and stands so declared by a competent court :
(c) if his name has been removed from the register and has not been re-entered therein : or
(d) if he is a whole-time officer or servant of the Council .
(2)
If any member absent himself from three consecutive meeting of the Council , without leave of the Council granted under sub-section 97) of section 4 or without such reasons as may, in the opinion of the Council,be sufficient the council may decare his seat vancant and thake to fill the vacacy.
(3)
If any member absents himself from three consecutive meeting of the Council, without leave of the Council granted under sub-section (7) of section 4 or without such reasons as may, in the opinion of the Council, be sufficient the Council may declare his seat vacant and take to fill the vacancy .
(4)
If any member becomes or is found to be subject to any of the disqualifications mentioned in sub-section (1) the Council shall submit a report to the State Government, and the State Government if satified about the disqualification, shall declare his seat vacant.
Disqualification and disability
  8
(1)
The meeting of the Council shall be convened, held and conducted in such manner as may be prescribed.
(2)
The Prasident, when present shall preside every meeting of the Council. If at any meeting the President is absent, the Vice-President and in the absence of both, some other member elected by the members present from amongst themsleves, shall preside at such meeting .
(3)
All questions at a meeting of the Council shall be decided by majority of votes.
(4)
The presiding authority at a meeting shall have and exercise a second or casting Vote, in case of an equality of votes.
(5)
Six members inccluding the President and the vice-President shall from a quorum.When a quorum is required but not present the presiding authority shall, after waiting for not less than twenty minutes for such quorum, adjourn the meeting to such hour on some future days as it may notify on the notice board at the office of the Council, and the business which would have been brought before the origined meeting had there been a quorum thereat, shall be brought before the adjournment therof, whether there be a quorum present or not.
Meeting of Council
  9
(1)
The proceeding of the discussion of every meeting of the Council shall be treated as confidential, and no person shall, without the previous resolution of the Council, disclose any portion therof :

Provided that, nothing in this section shall deemed to prohibit any person from disclosing or publishing the text of any resolution adopted by the Council unless the Council directs such resolution alse to be treated as confidentital.

(2)
No disqualification of or defect in the election or nomination of any person as a member, or as the President, or as the Vice-President, or as a presiding authority of a meeting, shall of itself be deemed to vitial any act or proceedings of persons who are parties to such act or proceedings,were entitled to vote.
(3)
During any vacancy in the Council, the continuting members may act, as if no vacancy had occurred :
Provided that, the number of vacancies shall at any time not exceed five
Proceedings of meetings and validity of acts
  10 Subject to such conditions as may be prescribed by or under the provisions of this Act, the powers, duties and functions of the Council shall be-
Powers, duties and functions of the council
   
(a) to maintain the register, and to provide for the registration of Medical practitioners;
(b) to hear and decide appeals from any decision of the Registrar ;
(c) to perscribe a code of ethics for regulating the professional conduct of practitioners ;
(d) to reprimand a practitioner, or to suspent or remove him from the register, or to take such other disciplinary action against him as may, in the opinion of the Council, be necessary or expendint ;
(e) to exercise such other powers,perfrom such duties and discharge such other functions, as are laid down in this Act, or as may be prescribed.
  11
(1) The council shall, as soon as may be, constitute an Executive Committee consisting of the President as ex-officio member and such number Of other members, elected by the Council from amongst its members, as may be prescribed.
(2) The term of office of, and the manner of filling casual vacancise among and the procedure to be followed by, the members of the Executive Committee shall be such as may be prescribed.
(3) In addition to the powers,duties and fuctions conferred, imposed and entrusted by this Act, the Excutive Committee shall exercise such powers, perfrom such duties, and discharge such fuctions, of the Council as may be delegated to it by rules or enteusted to it, from time to time, by the Council.
(4) The President shall be the ex-officio Chairman of the Executive Committee.
 
  12
There shall be paid to the President, the Vice-President and other members of the Council, and to the members of its Excutive Committee, such fees and allowances for attendance at meetings, and Such reasonable travelling allowance, as shall from time to time be prescribed
 
  13
(1) The income of the Council shall consist of-
 
(a) fees recived from the pracitioners,
(b) grants received from the State Government, if any, and
(c) any other sums received by the Council.
(2) It shall be competent for the Council to incur expenditure for the following purpose namely :-
 
(a) salaries and allowances of the Registrar and the staff maintained by the Council ;
(b) fees and allowances paid to the members of the Council and the Executive Committee ;
(c) remuneration paid to the assessors ; and
(d) such other expenses as are necessary for performing the duties and discharging the functiions under this Act.
 
  14
(1) The council shall, with the previous sanction of the State Government appoint a Registrar.
(2) The Executive Committee may from time to time grant leave to the Registrar Provided that, if the period of leave dose not exceed one month, the leave may be granted by the President.
(3) During any temporary vecancy in the office of the Registrar due to leave or any other reason, the Executive Committee may, with the previous sanction of the State Government, appoint another person to act in his place, and any person so appointed shall,for the period of such appointment, be deemed to be the Registrar for the purpose of this Act :
Provided that, when the period of auch vacanvy dose not exceed one month, the appointment may be made by the President, who shall forthwith report such appointment to the Executive Committee, and the State Government.
(4) The Council may, with the pervious sanction of the State Government, suspend, dismiss or remove any person appointed as the Registrar, or impose any other penalty upon him.
(5) Save as otherwise provided by this Act, the salary and allowances and other conditions of servise of the registrar shall be such as may be prescribed.
(6) The Registrar shall be the Secretary and the Executive Officer of the Council. He shall attend all meeting of the Council and of its Executive committee, and shall keep minutes of the names of members present and of the proceedings at such meetings.
(7) The accounts of the Council shall be kept by the Registrar, in the prescribed manner.
(8) The Registrar shall have such supervisory powers over the staff as may be prescribed, and may perform such other duties and discharge such other functions as may be specified in this Act, or as may be prescribed.
(9) The Registrar shall be deemed to be a public servant within the maning of section 21 of the Indian Penal Code.
 
  15
(1) The Council may appoint such officers and servants, other than the Registrar, as it may deem necessary for perfoming its duties and discharging its functions under this Act :
Provided that, the number and designations of such officers and servants and their salaries and allowances shall be determined by the Council, with the previous sanction of the State Government.
(2) Notwithstanding anything contained in sub-section (1), but, subject to such financial limit as may be lide down in this behalf by the Council, it shall be competent for the Executive Committee to create temporary posts of clerks or servants and to make appointments thereto, to meet any temporary increase in work, or to carry out any work of a seaonal character.
(3) The other conditions of service of the officers and servants of the Council shall be such as may be prescribed.
(4) The officers and servants of the Council appointed under this section shall be deemed to be publis servants within the meaning of section 21 of the Indian Penal Code.
 
     
16 CHAPTER III » PREPARATION AND MAINTENANCE OF REGISTER
 
(1)
As soon as may be after the ppointed day, the Registrar shall prepare and maintain thereafter a register of madical practitioners for the State, in accordance with the provisions of this Act.
(2)
The register shall be in such form, and be divided into such parts, as may be prescribed. The register shall include the full name, address, and qualifications of the registered practitioners, the date on which each qualifications was obtained, and such other praticulars as may be prescribed.
(3)
Any person who possesses any of the qualifications specified in the Schedule to this Act or in the First, Second or Thired Schedule to the Indian medical Council Act, 1956, shall subject to any conditions laid down By or under the Indian Medical Council Act, 1956, at any time on an application made in the prescribed from to the Registrar and on payment of a fee of fifty rupees and on praesentation of his degree, diploma, licence or certificate, be entiled to have his name entered in the register :

Provided that the name of an applicant who is unble to present his deree, diploma, licence or certificate may be entered in the register, if he satisfies the President that holds such degree, diploma, licence or certificate but cannot for sufficinet cause present the same with his application.

(4) The name of every person-
 
(a)
who, being entered, on or after the 1st May 1961 in the register duly kept under section 6 of the Bombay Medical Act, 1012 as in the Bombay area of the State ( hereinafter referred to as “the Bombay Area Register”) stands entered in the said register on the day immediately Preceding the appointed day, or
(b) Who stands entered in the registered in the register duly kept of Under section 6 of the Bombay Medical Act, 1912 as adapted and applied to the Saurashtra area of the State, on the day immediately preceding the appointed day.
(5)
(a) Every person, whose name was entered on a dare prior to the 1st May 1961 in the Bombay Area Register and continude in such register on the day immediately preceding the appointed say, shall be entitled to have his name continued in the register prepared under this Act in accordance with provisions of clause (b)
(b)
within a period of three months from the appointed day or such further period as the State Government may allow, the Registrar shall publish a general notice in the Official Gazette and in such newspapers, as the Council may select, in such from as may be prescribed, calling upon every person to whom clase (a) applies, to pay to the Registrar in the prescribed manner fee of a five rupees if he desires to comtinue his name on the register under this Act, and shall also send individual notice for a like puroose by registered post to every such person at his last known address in such from as may be prescribed. The name of every such person who pays such from before the expiry of the period of two months from the date of publication of the general notice in the Official Gazette shall be continued on the register, without such person being required to make an application or to pay any other fee for this purpose. If such fee is not paid within time, the Registrar shall remove the name of the defaulter from thr register :

Provided that , if any application for continuance of the name so removed is made to the Registrar within a period of six months from the last date on which such fee should fee should have been paid, the name so removed may be re-entered in the register on payment of a fee of ten rupees.

(6) After the last date for payment of payment of the fee of five rupees under clause (b) of sub-section (5) has expired and the register prepared in accordance with the foregoing provesions is ready, the Registrar shall publish notice in the Offical Gazette and such newspapers as
the Council may select,about the register having been prepared, and the register shall come into force the date of the publication of such notice in the Offical Gazette.
(7) Every registered practitioner shall be given a certificate of registration in the prescribed form. The registered practitioner shall display the certificate of registration in a conspicuous part in the place of his practice and if he has more than one such place in any one of them.
Preparation of Register
17
(1) No person who possesses a medical qualification granted by any authority in any place outside the territory of India (other than the qualifications Council Act. 1956), shall be registered
under this Act, unless the procedure specified in sub-section (2) has been followed.
(2)
Any person, who holds any such medical qualification may apply to the Council for registration by giving a correct description of his degree dipoma, licence or certificate. The Council shall transmit to the Central Government the application with its opinion whether the medical qualification possessed by the applicant should be included in Part II of the Third Schedule to the Indian Medical Council Act, 1956. If the medical qulification is so included in pursuance of the provisions of sub-section (4) of section 13 of that Act the Council may, subject to the provisions of that Act and on payment of a fee rupees, enter his name in the register under section 16.
 
18
  Notwithstanding anything contained in sections 16 and 17, no persons, whose name has been removed whether before or after the appointed day, from any register kept under this Act or any other law for the time being in force in India regulating the registration of medical practitioners on the ground of professional misconduct, shall be entitled to have his name entered in the register, unless, his name is duly ordered to be register from which it was so emoved.
 
19
(1) Any person who desires to be registered provisionally under section 2 of the Indian Medical Council Act, 1956, shall make an application in the prescribed from to the Registrar and shall pay a fee of five rupees.
(2) Every person whose name is entered in the register sub-section (1) shall be given a certificate of provisional registration in the prescribed form. Such certificate remain in force for such period as may be specified therein.
 
20
(1) It shall be the duty of the Registrar to make entries in the register, from time to time, to revise the same and to issue certificates of registration in accordance with the provisions of this Act and the rules made thereunder.
(2) The names of registered practitioners who die or whose names are directed to be removed from the register under section 22 shall be removed therefrom .
(3) Any person whose name is entered in the register and who subsequent to his registration desires to record in the register any change in his name shall, on an application made in this behalf and on payment of the prescribed fee be entitled to have such change in his name recorded in the register.
(4) Subject to the provisions of section 26 of the Indian Medical Council Act, 1956, any person whose name is entered in register and who subsequent to this registration obtains any additional qualification specified in the Schedule to this Act or in any of the Schedules to the Indian
Medical Council Act, 1956, shall on application made in this behalf, and on
Payment of the prescribed fee, be entitled to have an entry stating such asstional
Qualification made against his name in the register.
(5) Where it is shown to the satisfaction of the Registrar that a certificate of registration has been lost or destroyed, the Registrar may, on payment of the prescribed fee, issue a dublicate certificate.
 
21
(1) At such time after the Publication of the notice under sub-section (6) of section 16 as the Council deems fit, and therafter every five years, the Registrar shall cause to be printed and published a correct list of all persons For the time being entered in the register.
(2) The Registrar shall cause to be printed and published annually on or before a date to be decided by the Executive Committee, an addendum and a corrigendum to the list published under sub-section (1) showing -
 
(a) the names of all persones for the time being entered or re-entered in the register, and not inclded in any subsisting list already printed and published :
(b) the names of all practitioners included in any subsistion list, whose names have since been removed on account of any reason whatsoever from and not re-entered in the register :and
(c) any other amendments to the subsisting list
(3) The from of the list published under sub-section (1), the praticulars to be included therein, and the manner of its publication, shall be such as may be included therein, and the manner of its publication, shall be such as may be prescribed.
(4) A copy of the list referred to in sub-section (1), shall be evidence in all Courts, and in all judicial or quasi-judicial proceedings, that the persons there in specified are registered according to the provisions of this Act, and the absence of the name of any persons froms such copy shall be evidence, until the contrary of is proved, that such person is not registered according to the provisions of this Act,
Provided that, in the case of any person whose name, dose not appear in such copy, a certified copy under the hand of the Registrar of the entry of the name of such person on the register shall be evidence that such person is registered under the provisions of this Act.
 
22
(1) If a registered practitioner has been, after due inquiry held by the Council or by the Executive Committee in the prescribed manner, found gulity any misconduct by the Council, the Council may-
 
(a) issue a letter of warning to such practitioner, or
(b) direct the name of such practitioner-
 
i to be removed from the register for such period as may be specified in the dirction, or
ii to be removed from the register permanently. Explanation- For the purpose of this section a registered practitioner shall be deemed to be guity of misconduct if –
 
(a) he is convicted by a criminal court for as offence which involves
moral turpitude and which is cognisable within the meaning of the Code
of Criminal Procedure, 1898, or
(b) he being subject to milotary law is convicted under the Army, Act
1950, for an offence which is congnisable within the meaing of the Code of
Criminal Procedure 1898, or
(c) in the opinion of the Council his conduct is infomous in relation
To the medical profession praticulary under any Cade of Ethics prescribed
by the Medical Council of India constituted under the Indian Medical
Council Act, 1956 in this behalf.
(2) If the name of any such practitioner is also entered in-
 
(a) the register ot the list maintained under the Gujarat Medical Practitioner`s Act, 1963, or
(b) the register or the list maintained under the Gujatat Homoeopathic Act, 1963.
it shall be the duty of the Registrar to give intimation of such removal to the
authority entitled to mainatain the said register or the said list.
(3) If the name of theh registered practitioner is also entered in the register or the list, as the case may be, maintained under any of thr laws referred to in sub-section (2) and it is removed from the said register or the said list the Council shall if such removal comes or is brought to its notice, also remove the name of such registered practitioner from the register under this Act.
(4) The Council may, on sufficient cause being shown, direct at any subsequent date that the name of a practitioner removed under sub-section (1) or (3) shall be re-entered in the register on such conditions, and on payment of such fee, as may be prescribed .
(5) The Council may, of its own motion, or on the application of any person, after due and proper inquiry and after giving an opportunity to the person concerned of being heard, cancle or alter any entery in the register, if in the opinion of the Council, such entry was fraudulently or incorrectly made.
(6) In holding any inquiry under this section, the Council or the
Executive Committee, as the case may be, shall have the same powers as are
Vasted in Civil Courts under the Code of Civil Procedure, 1908 when trying a suit, in respect of the following matters, namely :-
 
(a) emforcing the attendance of any person, and examining him on oath ;
(b) compelling the production of documents ;
(c) issuing of commissions for the examination of withnesses.
(7) All inquiries under this section shall be deemed to be judicial XLV
proceedings within the meaning of section 193, 219 and 228 of the of
Indian Penal Code.
 
(a) For the purpose of advising the Council or the Executive Committee, as the case may be, on any question of law arising in any inquiry under this section there may in all such inquiries be an assessor, who has been for not less than ten years –
 
(i) an advocate enrolled under the Adocates Act, 1961, or
(ii) an attorney of a High Court.
  Explanation :-For the purpose of this clause, in computing the period durning which a person had been enrolled as an Advocate, there shall be included any period durning which he was enrolled as an Advocate under the India Bar Councils Act, 1926
(b)
Where an assessor advice the Council or the Executive Committee, on any question of law as to evidence, procedure or any other matter, he shall do so in the presence of every party or person representing a party, to the Inquiry who appears theraf or if the advice is tendered after the Council or the Executive Committee has begun to deliberare as to its findings, every such party or person as aforesaid shall be informed if in any case the Council or the Excutive Committee dose not accept the advice of the assessor on any such question as aforesaid.
 
23 Notwithstanding anything contained in section 16 and 21-  
 
(a) on such date after the date o publication of the notice
under sub-section (6) of section 16, as the Executive Committee may with previous sanction of the State Government decide, and every five years thereafter, the Registrar shall cause two notices in the prescribed from to be published, at an interval of not less than thiry days, in the Official Gazette calling upon in the manner provided in clause (b) all registered practitioners to make an application to the Registrar for the continance of their names on the register,
(b) the Registrar shall, after the publication of the first notice under clause (a),send a notice by registered post enclosinng therewith the prescribed form of application to the registered practitioners at their address as entered in the register, calling upon them to return the application to the Registrar for the continuance of their names on the registered within fortyfive days of the date of the notice, If any of the registered practitioners fails to return such application within the time specified, the Registrar shall issue a futher notice to such registered practitioner by regisered post after the publication of the second notice under clause (a) enclosing therewith the prescribed for the continauance of his name on the register within thirty days of the date of the futher notice, together with a fee of rupees two ;

(c) If the application is not made on of before the date fixed by the futher notice sent by registered post under clause (b) the Registrar shall remove the name of the defaulter from the register and shall inform him of such removal by regisered post,

provided that if an application for continuance of the names so removed is made within a period of six months from the date fixed by the said notice sent by registered post of under clause (b) the name so removed may be re-entered in the register on payment of a fee of rupees five.

 
24
  Any person aggrieved by any decision of the Registrar under This Act may, within a period o one month from the date on which the decision is comunicated to him, appeal to the Council which shall here and determine the appeal in the prescribed manner.
  Save as otherwise provided in the Indian Medical Council Act 1956 every decision of the Council under this Act shall be final.

 
25 Notwithstanding anything contained in any law for the time being in force. -
 
 
(i) the expression “legally qualified medical practitioner” or “duly qualified medical practitioner” or any word importing a person recognised by law as a medical practitioner or member of the medical profession shall in all acts of the State Legislature and in all Center Acts (in their application to the State) in so far as such Acts relate to any matters specified in List II or III in the Seventh Schedule to the Constitution of India, include a practitioner whose name is entered in the register under this Act,
(ii) every registered ractitioner shall be exempt, if he so desires, from serving on an inquest.
 
26
  The provisions of this Act are in addtion to, and not in derogation of , the provisions of the Indian Medical Council Act, 1956 amd of Chapte Chapter V of the Gujarat Medical Practitioners Act, 1963, containig general provisions applicable to all medical practitioners.
 
  CHAPTER IV » MISCELLANEOUS
27
  The Council shall have authority to call on the governing body or authoritied of any Medical College or School and examining body
included in or desirous of being included in the Schedule.
 
(a) to furnish such particulars as the Council shall requir of any examinations course of study perscribed or examination held by such body or in such school or college with reference to the grant of any medical or surgical qua- -lification, and
(b) to permit such person or persons as is or are, in opinion of the Council, specially qualification for the purpose, to attend and be present at any such examination.
28
(1) If it shall appear to the State Government, on the report Council or otherwise, that the course of study and examinatons perscribed by Any University, college, body or institution, conferring a degree, diploma, Licence or certificate or any other like award, not entered in the Schedule to this Act or in any of the Schedules to the Indian Medical Council Act, 1956, is such as to secure the possession by persons obtaining such degree , diploma, licence, certificate or award of the requisite knowledge and skill for the efficint practice of their profession as medical practitioners, it shall be lawful for the State Government from time to time by notification in the Official Gazette,to amend the Schedule and to direct the inclusion therein of any such qualification, subject to such conditions (if any), as may be specified in respect of that qualification
(2)

If at any time it appears to the State Government, on the report of the Council or otherwise, that the course of study or the examinations prescribed by any University college, body or institution, for any degree, diploma licence, certificate or award, which is included in the Schedule to this Act are not such as to secure the possession by persons obtaining such qualification of the requisite konwlegde and skill for the efficient practice of their profession, as medical lpractitioners or to secure the maintenance of an adequate standard of proficiency for such practice, it shall be lawful for the State Government from time to time to direct the removal of any such qualification from the said Schedule of to imose such further conditions therefore as it deems fit.
Provided that, no Notification for amendment of the Schedule under sub-section (1) or sub-section (2) shall be issued by the State Government , without consulting the Council :
Provided further that , before making any recommendation to the State Government under this section to remove any degree, diploma, licence, certificate or award from the Schedule, the Council shall require the University , college body or institution to take steps as may be directed by the Council and within such reasonable time as the Council may prescribe , to bring the course of study or examination for such degree, diploma , licence,certificate or award, to the required standard.

29
  If any person whose name is not for the time being entered in the register falsely represents that it is so entered, or uses in connection with his name or title any words or letters reasonably calculated to suggest that his name is so entered , he shall, on conviction, be punished with fine which may extend to five hundred rupees.
30
(1) If at any time it appears to the State Government that the Council or its President or Vice-President has failed to exercise or has or abused to function, or has become incapable of functioning, the State Government may, if it considers such failure, excess, abuse or incapacity to be of a serious may, character, notify the particulars thereof to the Council or the President or the Vice- President, as the case may be fails to remedy such faiulre,excess, abuse or incapacity within such reasonable time as the State Government may fix in this behalf, the State Government may remove the President or Vice-President or dissolve the Council, as the case may be, and in case of dissolution of the Council cause all or any of the powers, dutied, and functions of the council to be exercised, perfomed and discharged by such persons or persons and for such period not exceeding two years, as it may think fit, and shall teke steps to constitute a new Council.
(2) Notwithstanding anything contained in this Act, or in rules made there-under, if at any time appears to the State Government that the Council or any other authority empowered to exercise any of the powers or to perform any of the dutied or functions under this Act, has not been validly constituted or appointed, the State Government may cause any of such powers, dutied or funnctions to be exercised or performed by such person or persons, in such manner and for such period not exceeding six months and subject to such conditions, as it thinks fit
31
(1) The State Government may, by notification in the Official Gazette and subject to the condition of pervious publication, make rules to carry out the purposes of this Act .
(2) In praticular, and without perjudice to the generality of the foregoing powers, such rules may be made-
 
(a) for the whole or any part of the State, and
(b) to be provide for all or any matters expressly required or allowed by this Act be prescribed by rules.
(3) All rules made under this section shall be laid fir not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to rescission by the Legislature or to such modifications as the Legislature may make during the seddion in which they are so laid or the session immediately following.
(4) Any rescission or modifications so made by the Legislature shall be published in the Official Gazette and shall therupon take effect
  CHAPTER V » REPEAL AND TRENSITIONAL PROVISIONS
32
(1) Subject to the provisions of this Chapter, with effect on and from the date on which the council is constituted under this Act under sub- section (8) of section 3 ( hereinafter in this Chapter referred to as “the spec-ified date”)-
 
(a) the Bombay Medical Act, 1912, as in force in the Bombay area of the State.
(b) the Bombay Medical Act, 1912, as adapted and applied to the Saurashtra area of the Sate, and
(c) the Bombay Medical Act, 1912, as applied to the Kutch area of the State. Shall stand repealed.
(2) With effect on and from the sepecified date,-
 
(a) the Gujarat (Bombay Area ) Medical Council constituted under section 2 read with section 2B of the Bombay Medical Act, 1912,as in force in the Bombay area of the State and
(b) the Saureshtra Medical Council constituted under section 2 of the Bombay Medical Act, 1912, as adapted and applied to the Saurashtra area of the State, shall stand dissolved and all the members thereof shall vacate office.
(3) The registres kept or maintainded or deemed to be kept or maintained under the Acts do repealed which are in force immediately before the specified date, shall be deemed to be register prepared under this Act, until the register perpared under section 16 comes into force under sub-section (6) thereof.
(4) Anything done or any action taken (including any appointment or application made, rule, notification, order or direction issued or fee levied or certificate or notice given) under any of the Acts so repealed and subsisting immediately before the specified date shall, in so far as it is not inconsistent with the provisions of this Act, and unless the State Government otherwise directs, be deemed to have been made, issued, levied or given under the relevant provisions of this Act,and be, im force accordingly, unless and until superseded by anything done or any action, taken under this Act ;

Provided that the rules made under the Bombay Medical Act, 1912, as in force in the Bombay Area of the State and in force immediately before the specified date shall, in so far as they are not inconsistent with the provi- -sions of this Act, be deemed to be accordingly until they are superseded by anything done or any action taken under this Act.

33 The Registrar appointed under section 5 of the Bombay Medical Act,1912, by the Gujarat (Bombay Area )Medical Council constituted
Under section 2B of the said Act, and holding Office immediately before the specified date shall as from the said date be deemed to be appointed as the Registrar of the Council constituted under this Act, on the same terms and contisions as were applicable to him immediately before that date and until they are duly varied by a competent authority under this Act. The service rendered by such Registrar before the specified date shall be deemed to be service rendered under the Council.
34 Save as otherwise provided by or under this Act and unless there is anything repugnant in the subject or the context-
 
(1) all rights of Medical Councils dissolved under section 32 (hereianfter in this section referred to as “the dissolved Councils”) shall on the specified date vest in the Council constituted under section 3 (hereinafter in this section referred to as “the Council” )
(2) all the property moveable or immoveable which on the day immediately preceding the specified date vested in the dissolved Council shall, subject to all limitations and conditions as were in force on the ay immediately precceding the slecified date vest in the Council.
(3) all sums due to a dissolved Council on any accoun, shall be recoverable by the Council which shall be competent to take any measure or insitute any proceeding which it would have been open to the dissolved Council to take or institute if this Act had not come into operation
(4) all dcbts, liabilities and obligations incurred by or on behalf of a dissolved Council immediately before the sepecified date and subsiting on the said date shall be deemed to have incurred by thr Council in exercise of the powers conferred on it by this Act and shall continue in operation accordingly,
(5) all proceeding and matter pending before any authority or officer immediately before the specified date under any of the Acts repealed under section 32 shall be deemed to be transferred to and continued before the corresponding authority under this Act, competent to entertain such proceeding and matters,
(6) all prosecutions instituted by or on behalf of or against a dissolved Council and all suit and other legal proceeding instituted by or on behalf of or against any dissolved Council or any specified date, shall be continued by or against the Council.
(7) all officer and service (execpt the Registrar for whom provision has been made in section 33 ) in the employ of the disslved Council and holding office immediately before the specified date shall be deemed to be the officer and servants appointed to serve the Coucnil and shall, until provision is otherwise made in according with the provisions of service or retirement benefits to which they were entitled to or subject to on the day immediately preceding the specified date :

Provided that, the service rendered by such officers and servants before the specified date shall be deemed to be service rendered under the Council :

Provided futher that if in the opinion of the services of any such officer or servants are not necessary or such officer or servant is not suitanle to the requirement of service, the Council may, with the previous approval of the State Government, terminte the services of such officer or servant and any officer or servant whose services are so terminated shall be entitled to receive from the Council such leave, pension, gratuity or other benefits as he would have had this Act not been passed, been entitled to receive on being invalided out of service of the respective dissolved Councils, and shall be entited to receive such additional amount by way of commpensation as the Council may, with the sanction of the State Government, determine.

  THE SCHEDULE » [Sections 16(3), 27 and 18.]
 
 
The qualifications is addition to those specified in the Schedules to the
Indian Medical Council Act, 1956, the possession of which entitles
A person for registration under this Act.

(1) Fellowship of the College of Physiciand and Surgones, Bombay, in Medicine, Pathology, Surgery or Dermatology grented before the 1st April, 1954.
(2) Fellowship of the College of Physiciand and Surgones, Bombay, in any subject other than Medicine, Pathology, Surgery or Dermatology.
(3) Member of the college of Physicians and Aurgeons, Bombay (admitted before the 30th April, 1944)
(4) Diploma of Ayurvidya visharad in Allopathy of the Tilak Maharashtra Vidyapeeth of Poona, conferred durning the years 1912 to 1936 ( both inclusive ).
(5) Fellow and Member of the State Medical Faculty of Bengal prior to the 15th August, 1947.
(6) Fellow of the State Medical Faculty of West Bengal on or after 15th August, 1947.
(7) Fellow and Member of the State Medical Faculty, Punjab.
(8) Diploma in Allopathy (1) of the National Medical College or the National College of Physicians and Surgeons of India, Cacutta, (2) of the college of Physicians and Aurgeons of Calcuta and (3) of the International College of Physicians and Surgeons of India, Calcutta, durning the years 1912 to 1916 ( both inclusive ).
(9) Licenced Medical Practitioner of the University of Mysore.
(10) Diploma of Licenced Medical Practitioner of the State Medical Faculty of Gujara (L.M.P. Gujarat).
(11) Any person trained in a Government Medical College or School in India who holds a diploma or certificate granted by any Government in Indial directing him to be qualified to practise Medicine, Surgety and Midwifery or to be qualified for the duties of a Military Assistant Surgeon, Hospital Assistant or Sub-Assitant Surgeon.
(12) Diploma in Nature sure and Hygiene, confered by Faculty of Nature cure and Hygiene, “Gujarat State”
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