The Delhi Medical Council Act, 1997

THE DELHI MEDICAL COUNCIL ACT, l997 (Delhi Act No. 5 of 1997) - [11th February, 1997]‘ An Act to providefor the constitution ofthe Delhi Medical Council, and the maintenance ofa register ofMedical Practitioners who are engaged in thepractice of modern scient1jic system of medicine and all its branches in the National Capital Territory ofDelhiandfor matters connected therewith Be it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Forty-eighth year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. Short title, extent and commencement—(1) This Act may be called the Delhi Medical Council Act, 1997. (2) It extends to the whole of the National Capital Territory of Delhi (3) This section shall come into force at once, and the remaining provisions of this Act shall come into force on such date as the Government may, by notification in the Official Gazette, appoint. 2. Definitions—In this Act, unless the context otherwise requires— (1) "appointed day" means the date on which the provisions of this Act other than Section 1 shallcome into force under sub—section (3) of Section 1; (2) "casual vacancy" means a "acancyoccurring otherwise than by efflux to time in any office filled byelectionor nomination; (3) "Council" means the Delhi Medical Council constituted under this Act: (4) "Delhi" means the National Capital Territory ofDelhi; (5) "Executive Committee" means the Executive Committee of the Council constituted underSection 11; (6) "Government" means the Government of National Capital Territory ofDelhi; (7) "Medicalpractitioner" or "practitioner" means apersonwhois engaged in the practice of modern scientific system of medicine and all its branches and has qualifications as prescribed in the First, Second or Third Schedule to the Indian Medical Council Act, 1956 (102 of 1956); (8) "Medicine" means the modern scientific system of medicine and includes surgery and obstetrics but does not include veterinary medicine or veterinarysurgeryor theHomoeopathicortheAyurveda ortheSiddha or the Unani system of medicine and the expression "medical" shall be construed accordingly; (9) "member" means a member of theCouncil; (10) "Prescribed" means prescribed by rules made under this Act; (11) "President" means the President of the Council; 1 Published in the Delhi Gazette, Extra. Pt. IV, dated 22-8—1997. (1) 2 THE DELH) MEDlCAL COUNCIL ACT, 1997 (12) "Vice»President" means the Vice-President of the Council; (13) "register" means the register of medical practitioners prepared or deemed to be prepared and maintained under this Act; (14) "registered practitioner" means a medical practitioner having registerable qualification as prescribed in the Indian Medical Council Act, 1956 (102 of 1956) whose name is, for the time being, entered in the register, but does not include a person whose name is provisionally entered in the register; (15) "Re istmr" or "Deputy Registrar" means the Registrar or theDeputy Registrar, as t e case may be, appointed under Section 14 of this Act; (16) "rules" means rules made under Section 31 of this Act; (17) "section" means a section of this Act. CHAPTER II ESTABLISHMENT OF COUNCIL 3. Constitution, functions and powers of the Council.—Constitution and incorporation of the Council— (1) With effect form such date as the Government may, by notification in the Official Gazette notify, there shall be constituted for the purposes of this Act a Council to be called "the Delhi Medical Council" (2) The Council shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of re erty, whether movable or immovable, and to contract and to do a ings necessaryfor the purposes of this Act, and mayby the name aforesaid sue or be sued. (3) The Council shall consist of the following members, namely:— (a) four members having registerable qualification as prescribed in the Indian Medical Council Act, 1956 (102 of 1956) to be nominated by the Government; (b) one member from each medical college established by law in Delhihaving amedicalfaculty,electedbymembersofthemedical faculty of that college from amongst its permanent members of teaching faculty; (c) nine members to be elected by registered practitioners from amongst themselves including one member elected by the Delhi MedicalAssociation: Provided thatno registeredpractitionershallbe entitled to voteor stand as a candidate foe election, unless: (I) he is a citizen ofIndia; and (ii) heeither resides or carrieson hisprofessionor is employed in Delhi; (:1) Dean of the Medical Faculty ofthe University ofDelhi as ex-oflicio member; and (6) Director of Health Services of the Government as ex—officio member. (4) The President and Vice—President shall be elected by the members from amongstthemselves. THE DELHI MEDICAL COUNCIL ACT. WW 3 (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 maybe prescribed. ‘ (6) If at any election, the electors fail to elect the requisite number of members, of the President or the Vice-President, the Government shall nominate members fromamongstpersons qualified tobeelected as membersof ‘' the respective category, as it deems fittofill in thevacancy orvacancies;and the ' persons so nominated shall be deemed to have been elected for the period till such time the vacancies are filled in on regular basis under this section. (7) Where any dispute arises regarding any election of a member or of the President or Vice-President, it shall be referred to the Government, and the decision of the Governmentshall be final. (8) Notwithstanding anything contained in sub-section (3)— (n) in respect of the constitution of the Council for the first time under this Act, the members thereof shall be nominated by the Government from amon st persons qualified to be elected or nominated as members 0 the respective category; and (b) the members so nominated shall hold office for such period not exceeding three years in the aggregate as the Government may, by notification in the Officer Gazette, specify 4.. Term of office.-—(1) The Government, shall, by notification in the Official Gazette, publish the names of the members. (2) Save as otherwise provided by this Act, a member, shall hold office for a term of five years form the date of publication of the notification under sub-section (1): Provided thatwhere a person is elected b members of medical faculty ofa medical college, or is aneX-officio member, e shall cease to hold office as a member ifhe ceases to belong to that faculty or, as the case may be, ceases to hold such office, before the expiry of his termi (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 histerm of office as member expires. (4) The term of office of an outgoing member shall, notwithstanding anythingcontained insubsection (2) be deemed toextend and to expirewith the day immediately preceding the day on which the names of the successor members arepublished under sub-section (1). (5) The term of office of an outgoing President or VicePresident shall, notwithstanding anything contained in sub-section (3), be deemed to extend and to expire with the day immediately preceding the day on which the successor President or Vice-President, as thecase may be, is elected. (6) An outgoing member, President or Vice-President, shall be eligible for re-election or re-nomination for one more consecutive term only. (7) Leave of absence may be granted by the Council to any member for a period not exceeding six months. 5. Casual vacancies—(1) A casual in the office of the President or the VicePresident or a member elected under Clause (17) of sub-section (3) of Section 3 or Clause (c) of said sub- section, shall be filled by election: A THE DELHI MEDICAL COUNCIL ACT. 1997 Provided that any such vacancy in the office of an elected member occurring within six months prior to the date on which the term of office of all the members expires, shall not be filled. (2) A casualvacancy in theoffice ofa member nominated underClause ((1) of sub-section (3) of Section 3 or sub-section (8) of that section shall be reported forthwith by the Registrar to the Government, and shall, as soon as possible thereafter, be filled by the Government by nomination, (3) Any person elected under sub-section (1) or nominated under sub-section (2) to fill a casual vacancy shall, notwithstanding anything contained in sub-section (8) of Section 3 or Section 4, hold office only so long as thepersonin whoseplacehe maybeelected ornominated,as thecase may be, would have held office, if thevacancy had not occurred. 6. Resignation—(1) The President or the Vice-President may at any time resign his office by a notice in writing addressed to the Council and delivered to the Registrar. The registration shall take effect from the date on which it is accepted by the Council or on the expiry of sixty days from the date of the delivery ofthe notice, whichever event occurs earlier. (2) An elected member may, at any time, resign his office by a notice in writing addressed to the President. A nominated member may at any time resign his office by a notice in writing addressed to the Government and delivered to the Registrar. Every such resignation shall take effect from the date on which it is accepted by the President or, as the case may be, the Government or on the expiry of sixtydays from the date of the receipt ofthe notice, whichever eventoccurs earlier. 7. Disqualification and disability.—(1) A person shall be disqualified for being elected or nominated as, and for continuing as, a member— (a) if he is an undischarged insolvent: or (b) if he is of unsound mind and stands so declared by a competent court; or I, (r) if his name has been removed from the register and has hot been re-entered therein; or (d) if he is a whole—time officer or servant of the Council; or (e) if he has been convicted for an offence involving moral turpitude, (2) Ifany member absents himselffromthreeconsecutive meetings ofthe Council, without leave of the Council granted undersub—section (7) ofSection4 or withoutsuch reasons as may, in the opinion ofthe Council, be sufficient, the Council may declare his seatvacantand takesteps to fill the vacancy. (3) 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 Government, and the Government, if satisfied about the disqualifications, shall declare hisseatvacant. 8. Meetings of Counci1.—(1) The meetings of the Council shall be convened, held and conducted in such manner as maybe prescribed. - (2) The President, when present, shall preside at every meeting of the Council. If at any meeting the President is absent, the Vice-President, and in theabsenceorboth,someothermemberelectedbythememberspresentfrom amongst themselves, shall preside at such meeting. THE DELI-ll MEDICAL COUNCIL ACT, 1997 5 (3) Allissues ata meeting of the Council shallbe decided by a majority of members present and voting (4) The presiding authority at a meeting shall have and exercise a second or casting vote, in case of anequality ofvotes. (5) Eight members (including the President and Vicel’resident) shall from a quorum. When a quorum is required but not present, the presiding authorityshall,afterwaitingfornotlessthan thirtyminutes forsuch quorum, adjourn the meeting to such hour or some future day as it may notify on the notify board at the office to the Council; and the business which would have been brought before the original meeting had there been a quorum thereat, shall be brought before the adjourned meeting, and may be disposed of at such meeting or any subsequent adjournment thereof, whether there be a quorumpresent, or not. 9. Proceedings of meetings and validityofacts.—(1) Theproceedings 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 thereof: Provided that nothing in this section shall be deemed to prohibit any person from disclosing or publishing the text of any resolution adopted by the Council, unless the Council directs such resolution also to be treated as confidential. (2) No disqualification 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 presidingauthorityofa meetingshallbyitselfbe deemed tovitiateany actor proceedings of the Council in which such person has taken part, if the majority of persons who are parties to such act or proceedings, were entitled to vote (3) During any vacancy in the Coundl, the continuing members may act, as ifno vacancy had occurred. (4) Any act done by the Council shall not be questioned on the ground merely of the existence of any vacancy in or any defect in the constitution of the Council. 10. Powers, duties and functions of the CounciL—Subject to such conditions as may be prescribed by or under the provisions of this Act, the powers, duties and functions of the Councilshall be— (n) to maintain the live register and to provide for the registration of medical practitioners; (b) to hear and decide appeals against any decision of the Registrar; (0) to prescribe a code of ethics for regulating the professional conduct ofpractitioners; (d) to reprimand a practitioner, or to suspend or remove his name from the register, or to take such otherdisciplinary action against him as may, in the opinion of the Council be necessary or expedient; (e) to exercise such other powers, perform such other duties and discharge such other functions, as are laid down in this Act, or as maybe prescribed; . 6 THE DELHI MEDICAL COUNCILACT. 1997 (f) to receive complaints from public (including patients and their relatives) against misconduct or negligence by a medical practitioner, to proceed for inquest, take a decision an the merits of the case and to initiate disciplinary action or award compensation and similarly to take action against frivolous complaints," (3) to provide protection to its members in discharging professional duties; (h) to ensure that no unqualified person practices modern scientific system ofmedicine, 11. Executive Committee.—(1) The Council shall, as soon as may be, constitute an Executive Committee consisting of the President as ex—ofi‘icio member and such other number of other members, elected by the Council fromamongst its members, as maybe prescribed. . (2) The term of office of, and the manner of filing casual vacancies among, and the procedure to be followed by, the members of the Executive Committee shall be such as maybe prescribed. (3) In addition to the powers, duties and functions conferred, imposed and entrusted by this Act, the Executive Committee shall exercise such powers, perform such duties, and discharge such functions of the Council as may be delegated to it by rules or entrusted to it from time to time, by the Council. (4) The President shall be the ex-ofliria Chairman of the Executive Committee. 12. Fee and allowances to members of the Council and of the Executive Committee—There shall be paid to the President, the Vice-President and other members of the Council, and to the members of its Executive Committee, such fees and allowances for attendance at meetings, and such reasonable travelling allowance, as shall from time to time be prescribed. ' 13. Income and expenditure of the Council.—(1) The income of the Council shallconsistofw (a) registration fees received from the practitioners; (b) grants received from theGovernment, if any; and (c) any other sums raised by the Council. (2) It shall be competent for the Council to incur expenditure for the following purposes,namely:— (1) salaries and allowances of the Registrar and the staff maintained by the Council; (ii) fees and allowances paid to the members of the Council and of the Executivecommittee; (iii) remunerationpaid to the assessors; and (iv) such other expenses as are necessary for performing the duties and discharging the functions under this Act. ' 14. AppointmentofRegistrarand/orDeputy Registrarof the Council, their duties and functions—(1) The Council shall, which the previous sanction of the Government, appoint a Registrar and/or a Deputy Registrar. THE DELHI MEDICAL COUNCIL ACT. 1937 7 He shall be a qualified medical graduate as prescribed in Schedules I, II and In of the Indian Medical Council Act, 1956 (102 of 1956). 2 (2) The ExecutiveCommittee may, from time to time, grant leave to the Registrar: . Provided thatiftheperiodofleavedoesnotexceedonemonth, the leave may be granted by the President. (3) During the temporary vacancy in the office of the Registrar due to leave or any other reasons, the Deputy Registrar, shall act as Registra. In case oi non-availability of Registrar and Deputy Registrar the Executive Committee may, with the previous sanction of the 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 purposes of this Act: Provided that, when the period of such vacancy does not exceed one month, the appointment may be madeby the President, who shall forthwith report such appointment to the Executive Committee and the Government (4) The Council may, with the previous sanction of the Government, suspend,dismissorremove anyperson appointed as the Registrar, orimpose any other penalty upon him in the manner as maybe prescribed (5) Save as otherwise provided by this Act, the salary and allowances and other conditions of service 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 meetings of the Council, and of its Executive Committee, and shall keep minutes of the meetings and names of members present and of the proceedings ofsuch 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 maybe specified in this Act, or as may be prescribed. (9) The Registrar shall be deemed to be a public servant within the meaning ofSection 21 ofthe Indian Penal Code (45 of 1860) CHAPTER III PREPARATION AND MAINTENANCE OF REGISTER 15. Preparation of Register.—(1) As soon as may be after the appointed day, the Registrar shall prepare and maintain thereafter a register of medical practitioners for Delhi, in accordance with the provisions of this Act. (2) The register shall be in such form, and may be divided into such parts, as maybe prescribed. The register shall include the full name, address and qualifications with the name of college and university of the registered practitioner, thedateonwhicheachqualificationwaobtained, and such other particulars as may be prescribed. (3) Any person who possesses any of the qualifications in the First, Second or Third Schedule to the Indian Medical Council Act, 1956 (102 of 1956) shallsubjecttoanycondition laid downbyorunder the Indian Medical B THE DELHI MEDlCALCOUNCIL ACT, 1997 Council Act, 1956, at any time on an application made in the prescribed form to the Registrar and on payment of a prescribed fee and on presentation of proof of his registerable qualification, beentitled to have his name entered in the register. (4) (:1) Every person, whose name was entered on a date prior to lst May, 1961 in Indian Medical Council Register and continued in such register onthedayimmediatelyprecedingtheappointed day,shallbeentitled tohave his name continued in the register prepared under this Act. (b) Within a period of three months from the appointed days or such further period as the 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 form as may be prescribed, calling upon every person to whomClause ((1) applies, to payto theRegistrar in the prescribed manner the prescribed fee if he desires to have his name on the register under this Act, and shall also send individual notice for a like purpose by registered post to every such person at his last known address in such form as may be prescribed. The name of every such person who pays such fee before the expiryof theperiod of twomonths from thedate ofpublicationof thegeneral notice in the Official Gazette shall beenlisted on the register. (5) After the last date for payment of the prescribed fee under Clause (17) ofsub-section(4) has expired and theregisterprepared in accordancewith foregoing provisions is ready, the Registrar, shall publish notice in the Official Gazette and such newspapers as the Council may select, about the registerhaving prepared, and the register shall come into force from the date ofthe publication of such notice in theOfficial Gazette. (6) Any person servicing or practising modern scientific system of medicineinDelhishallberegisteredwiththeCouncil under thisAct. Without registration with the Council any person though qualified in modern scientific system of medicine shall be liable for action as specified by the Council. (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 ifhe has more than one such place in any one of them, 16. Special procedure for registration in certain cases—(1) No personwho possesses amedical qualificationgranted by any authorityin any place outside the territory of India (other than the qualification specified in theSecond Schedule or theThird Schedule tothe IndianMedicalCouncil Act, 1956), shall be registered under this Act, unless the procedure specified in sub-section (2) has been followed. (2) Any person, who holds such medical qualification may app] to the Council for registration by giving a correct description of his quali 'cation, with his decree, diploma, licenceor certificate. The Council shall transmit the same to the Medical Council of India for opinion and shall act according to the opinion. ‘17. Persons who may not be registered.—Notwithstanding anything contained in Sections 15 and 16 no person 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 THE DELHI MEDICAL (XJUNCIL ACT, 1997 9 registration of medical practitioners on the ground of professional misconduct, shall beentitled tohavehis nameentered in theregister, unless his name isduly ordered to be restored to the register fromwhichitwas so removed. 18. Fee for and certificate of provisional registration—{1) Any person who desires to be registered provisionally under Section 25 of the Indian Medical Council Act, 1956 (102 of 1956), shall make an ap lication in the prescribed form to the Registrar and shall pay the prescribed ee. (2) Every person whose name is entered in the register under sub-section (1) shall be given a certificate of provisional registration in the prescribed form. Such certificate shall remain in force for such period as may bespecified therein. 19. Maintenance of register.—(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 certificate of registration in accordance with the provisions of this Act, and the rules made thereunder (2) (:1) Every Registrar of Deaths on receiving notice of the death of a medicalpractitionerregistered under thisActshall forthwith transmitbypost to the Registrar appointed under this Act a certificate under his own hand of suchdeathwith theparticulars oftimeand placeofdeathand maycharge the cost of such certificate and transmission as an expense of his office. (b) 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 prescribed fee be entitled to have such change in his name recorded in the register. (4) Subject to the provisions ofSection 26 of the Indian Medical Council Act, 1956 (102 of 1956), any person whose name is entered in the register and who subsequent to his registration obtains any additional qualification specified in any of the Schedules to the Indian Medical Council Act, 1956, shall onan application made in this behalf, and on paymentofthe prescribed fee, be entitled to have an entry stating such additional qualification made against his name in the registeri (5) where it is shown to the satisfaction of the Registrar thata certificate of registration has been lost or destroyed, the Registrar may, on payment of prescribed fee and on furnishing an indemnity bond issue a duplicate certificate after due confirmation and approval of the Executive Committee. 20. Publication of list of registered practitioner.—(1) At such time, after the publication of the notice under sub-section (5) of Section 15 as the Council deems fit and thereafter 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 but not later than three months of the start of election process. (2) The Registrarshallcause to be printed and published annuallyonor before a date to be decided by the Executive Committee an addendum and a corrigendum lo the list published under sub-section (1) showing- [0 THE DELHI MEDICAL COUNCILACT, 1997 (n) the names of all persons for the time being entered or re—entered in the register, and not included in any subsisting list already printed and published} (b) the names of all practitioners included in any subsisting 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 form of the list published under sub-section (1), the particulars tobeincluded therein, and the mannerofitspublication,shallbe such as may be prescribed. (4) A copy of the list referred to in sub-section (1) shall be conclusive evidence in all Courts, and in all judicial or quasi-judicial proceedings, that thepersons thereinspecified are registered according to the provisionsofthis Act, and the absence of the name of any person from such copy shall be evidence, until the contrary 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 does not appear in such copy, a certified copy under the hand ofthe 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. 2]. Disciplinary action including removal of names from the register.—(1) The Council shall have a Disciplinary Committee comprising of— (i) a Chairman to be nominated by the Council; (if) a Member of Legislative Assembly of the National Capital Territory of Delhi, nominated by the Speaker; (iii) a Legal Expert to be nominated by theCouncil; (iv) an eminent publicman nominated by the Government; (1)) an eminent medical specialist in the relevant speciality to which the complaint pertains, to be nominated by the Council; and (vi) a member nominated by Medical Association of Delhi with minimumtenyear standing. (2) If a registered practitioner has been, after due inguiry held by the Council or by the Executive Committee in the prescribe manner, found guilty of any misconduct by the Council or the Executive Committee, the Council may— (a) issue a.letter of warning to such practitioner; or (b) direct the name of such practitioner— (x) to be removed from the register for such period as may be specified in the aforesaid direction; or (ii) to be removed from the register permanently. Eprnnatian.—For the purpose of this section a registered practitioner shall be deemed to be guilty of misconduct if— (n) he is"convicted by a criminal court for an offence which involves moral turpitude and which is cognizable within the meaning of the Code ofCriminal Procedure, 1973 (2 of 1974), or THE DELHI MEDICAL COUNCiL ACT. 1997 it (b) in the opinion of the Council his conduct is infamous in relation to the medical profession particularly, under any Code of Ethics prescribed by the Council or by the Medical Council of India constituted under the Indian Medical Council Act, 1956 (102 of 1956) in this behalf. (3) The Council may, on sufficient cause being shown, direct on any subsequent date that the name of a practitioner removed under the sub-section (1) shall be re-entered in the register on such conditions, and on payment of the prescribed fee, as the Council may deem fit. (4) 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 personconcerned ofbeingheard, cancel oralter anyentryin the register, ifin the opinion oftheCouncil, such entry was fraudulently or incorrectly made, (5) 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 vested in civil Court under the Code ofCivil Procedure, 1908 when trying a suit, in respect ofthe following matters, namely:— (n) enforcing the attendance of any person, and examining him on oath; (b) compelling the production of documents; (c) issuing of commissions for theexamination of witnesses (6) All the inquiries under this section shall be deemed to be judicial proceedings within the meaning of Sections 193, 219 and 228 of the Indian Penal Code (45 of 1860), (7) (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 Advocates Act, 1961, or (ii) an attorney ofa High Court. Explanation—For the purpose of this sub-section, in computing the is riod during which a person has been enrolled as an Advocate, there shall included any period during which he was enrolled as an Advocate under the Indian Bar Council Act, 1926. ([1) Where an assessor advises theCouncil, or the Executive Committee, as the case may be, 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 thereat or if the advice is tendered after the Council or the Executive Committee has begun to deliberate as to is findings, every such party or person as aforesaid shall be informed what advice the assessor has tendered. Such party or person shall alsobe informed if, inanycase, theCouncil or the ExecutiveCommittee does not accept the advice of the assessor on any such questionas aforesaid. (c) Any assessor under this section may be appointed either generally, or to any particular inquiry, and shall be paid the prescribed remuneration 22. Renewal of registration—(l) Notwithstanding anything contained in Sections 15 and 20 on such date, after the date of publication of l2 THE DELH! MEDICAL COUNCIL ACT, 1997 the notice under sub-section (5) of Section 15, as the Executive Committee may, with the previous sanction of the Government, decide, and every five years thereafter, the Registrar shall cause two notices in the prescribed form to be published, at an interval of not less than thirty days, in the Official Gazette calling upon in the manner provided in sub-section (2) all registered practitioners to make an application to the Registrar for the continuance of their names on the register. (2) The Registrar shall, after the publication of the first notice under sub-section (1), send a notice by registered post enclosing therewith the prescribed form of application to the registered practitioners at their addresses as entered in the register, calling upon them to return the application to the Registrar for continuance of their names on the register within forty-five days of the date of the notice. If any of the registered practitioners fails to return such applications within the time specified, the Registrar shall issue a further notice to such registered practitioner by registered postafter thepublicationofthesecondnotice undersub-section (1) enclosing therewith the prescribed formofapplication to the Registrar for the continuation of his name on the register within thirty days of the date of the further notice together with a fee as may be prescribed from time to time. (3) If the application in not made on or before the date fixed by further notice sent by registered post under sub-section (2), the Registrar shall \rpmove the name of the defaulter from the register and shall inform him of such removal by registered post: Provided that if an application for continuance of the name so removed is made within a period a six months from the date fixed by thesaid further notice by registered post under sub-section (2), the name so removed maybe reentered in the register on payment of a prescribed fee. 23. Appeals—(1) Any person aggrieved by any decision of the Registrar under this Act may, within a period ofone month from the date on which the decision in communicated to him, appeal to the Council which shall hear and determine the appeal in the prescribed mannerl (2) Save as otherwise provided in the IndianMedical Council Act, 1956 (102 of 1956) the decision of the Council under this Act shall be final. 24. Rights of registered practitioners.—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 medicalprofessionshall inall Actsofthe Legislative Assembly of Delhi and all the Central Acts (in their application to Delhi) in so far as such Acts relate to any matter 'with respect to which the Legislative Assembly has powers to make laws, under Clause (3) ofArticle230AAoftheConstitution, includeapractitionerwhose name is entered in the register under this Act; (it)' every registered practitioner shall beexempt, ifheso desires, from serving on an inquest 25. General provision application to medical practitioners—The provisions of this Act are in addition to, and not in derogation of the