The Odisha Medical Registration Act, 1961

The Orissa Medical Registration Act, 1961 Act 18 of 1961 Keyword(s): Hospital, Medicine, Registered Practitioner, Doctor DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. 1. S. hort title, extent and commentxment , - . 2. ~efinitihns . 3. Establishmen. t of Orissa Count31 of Medical Rigi~tratim , , 4. Constitution of tho Council . . . '. 5. Unre&r~d h~ctitionernottobea-mem~. 6. ~is~uhlifi&onsfo r being elected or nomihied as a meinber 7.- Tam of ~fficoft members . - 8. Nomination of in default -of eltdtion . ., . 9. ~u6liafiono f mmb of members 13. W e n t a nd ~im~rt$i&at . . . * 14; Exenrtive Co&ttw , . 18. Ordin by Council for maiateaaa~ao f rcgistez of regktered pradltimats , . r9. Mahtenaaca of register by Registtar . 20. persons referred to in the Schedule entitled to be res;stered 21. Infomation to ba fumishad .to the Registrar ,with application for R+bation a . AmLditm~fee, . . - . + , 23. ~nfrydfne~~ipli6cafioasimtheregMet * . S ~ O N S . - 25. ~rovisichalr egistration of-c andidates of U~IA.u niversity for clinical practi~s , of . .. . '26. Power of Council tb call for ertain info-tion from authotities - Medical College-or School included in the Schedule. 27. Powers of coancil to direct removal of names from register, and r~ntroyf names ' A thcreh. . . . . 28. Effect ofr &ovd of name from register . - - . . . - 29. Removal of fraudulent and incorrect entries 30. Appml to.the Council from decision of Registrar 31. Appeal to the state Government from decision of Council . . 32. Noti= of death a& remoM of'n ame fmm the regiski . , 33. P d t yo n u&egktersd pars- ~eprcsen* that he is togistd . 34. Penalty for failure to surrender oefi& of iegktrhtion ' . - . - . . 35. Commction of niferesces in Acts to Madial ~ractitio&q 36. Unregistered persons not to hold c e hap point- 37.- Publication and use of Mdcal Iist . 3b. Disposal of feas .' . 39. Bir to suits and other legal procbedings . . 40. Rul& and Regdatioas '[ ORISSA MEDICAL REGISTRATION ACT, 1 1961 [Received the ussent of :he Governor on the 3rd Elo vember 1961,j rsr published in an extraordinary issue 01 the Orissa Gazette, dated the 10th November 1961 1 . , AN ACT TO PROVIDE FO$L THE REGISTRATION OF MEDICAL PRACTITIONERS WHEREAS it is expedient to provjde for the registration of medical practitioners' in the State of Orissa and for matters co~eetedth erewith ; It is hereby enacted by the kgislature of the State of Orissa in the Twelfth Year of the Republic of India as follows :- . . 1. (I) This Act may be called-theO rissa -Medics tshxohrtt t aitnled, , % . Registration Act, 1961. . comm~nce , mant. (2) It extends to the whole of the State of Orissa. I ! (9 .I I ~t shall come into force at once: Provided that section 33 shdl come into force2 on suchdateasrnaybeappointedinthisbehalfbytheState . Government. - 2. In - this Act, unless' the context otherwise Dchitious requires (i) "Council" means the Council established under section 3 ; .. t- (ii) "hospital", "asyfu ms", "infirmaries", "dis- pensaries", "lying-in-hospitals" mear. institutions where the methods of treatment carried on are approved by the Council j established under this Act ; - -. . , 1. For the Sbtmknt of Objects and %&om, ste Ofism Cazett~E, xtra- orbinary,dattd the 2nd Sspte'mbcr 1961 (NO. 624) an4 for Report of Stlet Committct, deeibid,. datd the 25th September I9613No. 656). . , - 2.Seclion 33 carpe into'force with efkct*fronfht IstDcmrter 1967- ., vide Not ifidtion NO.1 697aH. daltd the 3lst.August 1967-p ublkkd in orisso Gautte, Part Xlt dated the EndS ~ptcm1~9r.0 , P . . 11 22. . , . p, . 374 TEEW SSMAE DICALR EG~STRATIAOCNT, 1 96 1 [ Or. Act 18 (iii) "~xdicine"m eans the modern scientific medicine and 'includes surgery and obstet- rics, but does not include Veterinary medi- cine or Veterinary Surgery or the Homeo- pathic, the Ayurvedic or the Unani system of medicine; and the expression "Medical" shall be construed accordingly ; (iv) "register" means the register prepared and maintained under section I8 ; (v) "Registrar" means a Kegistrar appointed under section 17 ; (vi) "Registered practitioner" means any person registered under the provisions of this Act ; and (rii) "President" and "Vice-President" mean respectively the President and the Vice- President of the CounciI. Elhblish. 3. A Council shall be established and called "the a Og c r n g& t : o i f ,~f O rissa Council of Medical Kegi.;trstion3 and such Co~lncils hall be a body corporate and have perpetual hgisrralion.S UCC~SS~O a ~ n X d a common seal and shall by tile said name sue and'.& sued. Constitution 4. (1) The Council shall consist of the following OF the co,;t members, namely :- '[(a)o ne member to be elected by each of the Academic Councils of the Utkal University, the Berhampur University and the Sarnbal- pur University from amongst the members of their respective Faculty of Medicine;] (b) one member to be elected from amongst themselves by such members of the staff of each of the Medical Colleges.of the State as are -registered practitioners ; j ~ t)h ree members to be elected-b y the registered practitioners from amongst themselves : Provided that at least two of such members shall be pwhsons not in the serrvice of any Government; (J) [our members to be nominated by the State 'Govzrmenst. -- I. Subrtitutd by the ~ r i s m ~ d mi dtm ion (hmcndment ) Act, 1972 { 0:. 4 38 01 lg?'!, ,. 2. (2) If a person is elected as a member under more than one of the cIauses of sub-section (I), he shall within such period as may be prescribed by rules made in this behalf, inform the Registrar under which of the clauses he ,desires to be treated .as elected and thereupon he shall be deemed to have been elected under (that clause and the seat to which he was elected under any other clause shzill be deemed to be vacant. Until he so informs. the Registrar he shall not be entitled to act as a member, and in the event of his failure to inform the Registrar: within the prescribed . . period every seat- to which he was elected shall be ' , deemed to be vacant. (3) In making nomination urider clause (d) of sub-section (I) the State Government shall have due regard to the claims of women, medical missions, and other groups. of practitioners, representatives of which have not been elected by the electorates referred to in clauses (a) to (c) of the said sub-section. i 5. No person shaI1 be eligible to be a member of umtgisted the Council unless he is registered under this Act. practitioner no,tobcr I member. 6. A person shall be disqualified for being elected ~~~1~~ orwminatedasamemberoftheCounci~,ifhe- wng~Iectad or nominated (a) has been sentenced by any court for any non- as a maher. badable offence, such sentence not having been subsequently reversed ot qkshed ; (b) is an undiscbar~edii ~solvent; or (c) is not a citi-ren of India either residing or carrying on his profession or employed in tlie State or Orissa : Provided t h ~ t the disqualification under clause (a) may be removed by the State Govern- ment by an order made in that bekialf. 7. (1) The term of o%ce of a member electedT=m of or nominated under sub-section (I) of section 4 ~~~D~~ or nomina2ed under section 8 shall commence from the drite o'f publication of his name under section 9 and shall subjcct to thc pruvisions of sections 10 and 11. exte~ld to a period of three years from such (Secs. 8-10) date, and shall include any further eriod which g may elapse between the expiration oft e said period of three years and the date of the fist meeting of the newly constituted Council at which a quorum is present. (2) Any member shall, if not disqualified for any of the reasons mentioned in section 6, -be eligible for re-election or re-nominatibn at the end -ofh is term .of office. Nomipa~ion I. l f any of the electoidi bodies kfemd to ** qsi,c l auses (a), (b) and (c) of $ub-section (I) of section ; . . '$$!!It Of 4 fails by such date as may be prescribed by rules made in that behalf to eIect a member, the State - Government shall nominate a member in his place and an? --persons o nominated shall be deemed to bz a member as if he had been duly elected by such . body. . 9. The name of every member elected or nomi- P ybllcRtion of nated under sub-section (I) of section. 4 or section gGf (I 'shall be published in the Gazette. 10. A member of the CounciI shall be deemed cmqjpq. o~ m w p - to have vacated his seat- (i) on sending his resignation in writing to the President or the Registrar ; or (ii) on his absence without excuse, sa- cient in the opinion of the CounciI, . fibom three consecutive meetings of the , Council-; or (iii) on his absence out of India for six con- secutive months ; or (iv) on his .becoming disqua~fid for eIw tiou or nomiation as a member for any of the reasons mentioned in sec- tions 5 and 6 ; or in case he was eIected under clause (a) II(v) or (b) of sub-section (I) of section 4, on his ceasing to be a member of the Faculty of Medicine af the University or to be a member of the Medical Col- lege, as the case may be, which ha represents.] 1. Suhtit~tsdb y tho Orissa Medical Registration (~mtn&tnt) Act, 1972 (Or. Act 8 of 1973, a 3. 11. (I) If any member dies, or ceases to be Va*nw not to in-t!datc a member as provided in section 10, the President proatdink shall forthwith report the fact of the vacancy to the yaancdafniJc'!ineSg. of State Government and the vacancy shall be filled, as soon as possible, by a fresh election or nomina- tion, as the case may be, under sub-secti0.n (I) of section 4. . . . + (2) The so elected or ndmioated shall hold office for the unexpired remainder of the term for which such member would otherivise haw . . . . -continud in offie. - (33 No act or proceeding of the ~ouncil. or of its members shall be deemed to be invalid by . . , reasoqonly ofany vacancy inthe membership, . 12. The Council may pefmit any member to Leave of absent himself' from any meeting of the Council a ,,k b ,+ s ence of ' for any period. not exceeding six months. . 13. (1) The members of the Couneil shall,~~+nt g;;;: at their first meeting after the publication referred to in section 9, elect from amongst themselves a President and a Vice-President in such manner as may be prescribed by rules made in that behalf. (2) The aforesaid meeting shall be convened and conducted in such manner as may be pres- cribed by rules made in that behalf (3) The President and the vice-president may ~esignt heir oEce by addressing a letter of resigna- tion to the Council and the President respectively, which shall be placed before- the Cduncil at its next meeting and such resignation shall take effect from the date on which it is accepted by the Council. (6 The President or the Vice-President shall be deemed to have vacated his office if he eases to be a member of the Council. (5) As often as the office of the President-or the Vice-President becomes vacant by reason af death, resignation or othenvise, the Council shall eJect I.; another mdmber to be the President or Vice-Pre- aident, as the case may be, in such manner as may be prescribed by rules made in that behalf. 378 THEO IUSSAM EDICALR EGISTRATIOANC T, 1961 [ Or. Act 18 (6) The President and the Vice-President shall perform such functions as may be prescribed by -rules made in that behalf. ' Executive 14. (1) There shall be an Executive Committee Cornmifin. of the Council .which shall perform such functions . as may be delegated to it by the Collncil. . . . (2) h he Executive Committee shall consist of the President and the V-ice-President and.three other members to be elected by the Council. (3) The President and the Vice-President of the Council shall be the President and the Vice- President respectively of the Executive Committee. (4) The term of office of an elected member of the Executive Committee shall be one year from the date of 'his election' but subject to his being a member of the Council he shall be eligibIe for re- election to the Executive Committee. (5) No business shall be transacted at any meeting of the Executive Committee unless at least three members are present. (6) The Council may make regulations for the conduct of business of the Executive Committee. Payment of 15. There shall be paid to the members of the Council such fees for attendance at meetings of r=and t s r x s p ve e l n li s n e g sto the Council or of any special Committee or Executive Committee thereof and such reasonable memh. travelling expenses for su~h atterldances and for such journeys undertaken in the discharge of theit duties under this Act, as may from time to time be allowed by the Council and approved by the State Government. I lr~tctings 16. (1) The Council shall make regulations to regulate- (a) the time and place at which their meetings "shall be held ; (b) the issue of notices convening slwh - abeetings ; (c) the conduct & business thereat ; and (d) the appointment, powers, duties and conduct of business of Special Com- mittees : - Provided 'that. (i) no business shall be transacted at any meeting of the Council unless at least five members are present ; and (ii) save as provided in sections 20 and 27 all questions arising, at any meeting of the Council shall be decided by the votes of the majority of the members pwsent and voting and in cask of an equality of votes by the casting vote of the member presiding at the meeting. (2) Until such time as the regulations rderred (I to .in sub-section have come .into operation, it &all be lawful for the President to summon a meeting at such time and place as to him shall seem expedient, by letter addressed to each member. 17. (I) With the previous sanction of the Wea*8istru.nd Government the Council - aotablish- mont for ti& Council. (dshall appoint a Registrar ; (b) shall pay to the Registrar and to the person, if any, appointed to act in his glace, such salary and such alIowances as ths Council may determine ; and (c) may appoint such other employees & they may consider necessary for carrying out the purposes of this Act, and shall pay them such salary and such aIIowance as they may determine. (2) The Registrar ''shall act as Secretary to the Council an4; shall have the right to speak in and otherwrise taw part in the proceedings of the Council or any Committee thereof but shall not have the right to vote. (Secs. 18-20) 13) Every person appointed under sub-section (I) shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code. 45 of 1860 Orders by 18. (1) The Council shall, as soon as may be m CO ai u n n t c e u n O oro cc and from time to time as occasion may require, ofregirttrof make orders for regulating the maintenance of a register of registered practitioners. practit~ooerr. (2) The register shall be kept in such form as may be prescribd by rules. Mainknance 19. (1) The Registrar shall keep the register o,,f, ,r,e,,g,i,sjtner accordance with the provisions of this Act and of any order made by the Council, and shall from time to time, make all necessary alteration in the regi- stered addresses or appointments, and the registered qualifications or titles of such practitioners and cause the name of any practitioner who has died, to be removed from the register. (2) In order to fulfil the duties imposed upon him by sub-section (1) the Registrar may send through post a letter to any registered 'practitioner addressed to him according to his registered address or appoint- ment enquiring slhether such practitioner has ceased to practise or whether his residence or appointment has been changed ; and if no answer to any such letter is rwived within a period of six months from its -despatch the Registrar may remove the name of such registerd practitioner from the register : Provided that any name removed under this sub-section may be re-entered in the registg under the direction of the Council-. 20. Every person who possesses any of the Pasons reredt o in qualifications referred to in the Schedule shall, tehneb. t S lc c d h to " dde-s~bjetoc tt he provisions hereinafter contained, bcrcgistered and on payment of such fees as may be prescribed in this beW by regulation, be entitled to have his name entered in the register : Provided that the Council may refuse to permit the registration of the name of any person - (a) who has been sentend by any wurt ifor any non-baiIable ogence, such sentence not having ken subsequently rcveffad - or' quashed ; or (b) whom the Council,. af& due enquiry, at wh.ich an opportunity has been given to him to 'be heard either in person or through an agent and which may, in the discretion of the President, be held in camera, has found guilty, by a majority of two-thirds of the members present and voting at the meeting' of any in- famous -conduct in his profession i - ~iovjdedt hat the djsquficatiod under clause . (a) may be removed by the State Government by an order niade in tha! . behalf- E~Q~;AY 21. Every person who applies ta have his name entered in the xegister; - . nhhedtotbe* (a) .must satisfy the Registrar that fie is pos- w~itths iatpmplir- sessed of sGme title or qualifxation tion for referred to in the Sohedule ; and- ~cpiamtiorr. (b) must wkre~tly inform the Registrar of the dates on wbich he obtain@ h e t itles ! or qudl%cations- which entitle him to , claim registration under this Act. I 1 22. (1) Notwithstanding anything '~ntainedi n %% ,I sections 20 and 21 every registered practitioner shall f_ pay to the CounciI such annual renewd fee as-may bc prescribed in this behalf by regulations for continuance of his name on the. register. (2) If the rcnew.al fee .is not paid before the date to be appointed for the .purpose by the Council the Registrar shaU remove the name of the defaulter from the register : Provided that the name. so removed may be re-entered 'k the register on payment of the renewal fee in such manner and subject to such. con&"tions as 'may be prescribed in tbis behalf by regulations. 23. (I) If any person whose name is entered in:::gd$zs the register - obtains any medical. qualificatim other m tb, than the qu&cation in respect of which he has been remm- registered, he shall; on. pay,ment of such Pee as may ' be prescribed in this behalf 'by regulations - (a) if . such quamcatioy be a .quaLifcation included in the Schedule; be entitled to have such quaEcation entered against .his h e in the re$ster either in substitution for 'or in addition to any entry previ- ously made ; . 382 TH8 ORlSSA M~ICARLEO IS?RATIONA , C T . , .1 961 .[or; Act 18 (Sec. 24) (b) if.such quahjbtion be a qualification not- included in the Schedule, be entitled to have1 such qualification entered against. his name in-t he register as. an 'additional qualification provided such qualiE~a- tion is included. in the list prepared under . sub-section (2). (2) The Council shall, from time to time, pip pare a list of qualihations ( not being . qualifications - mcluded in -the Schedule) ,w hich may be approved by them 'for the -purpose of this section. , .- 24. (1) If at .any time the Council is satisfied ~nmdm~l*. of Sobedub. that (a) any title granted or qualification certified by any University, Medical . .Curporation, examining body or other institution, is a sacient guarantee that persow possessing such tide or quafi- - . fication' possess the, knowledge and skiU requisite for the e$ici,ent practise of medicine, surgery and midwifery. ; or (b) thiit any title or qualificati~n refkrred to in item 2 of the Schedule is mi sacient ' . . guarantee as aforesaid, they may -make a report to that effect to the State Govern- ment who may, if they- think fit, there . , , upon direct, by' notificatibn- . d (0 in the case of clause (a) that the pos- session . ~ sfuc h title or quafificition , shall, subject to the provisions here- inafte~ contained and on payment of such fees as may be prescribed in this belialf by regulahons, entitle ' any 'person to have his name entered in the register ; or . . (ii) in the case of clause (b) that the- '/ possession of such, title or q'ualj- ficittion shall not entitle aoy person to have his name entered. in the register, ' (2) On the 'issue of such notification such tittle br qudiiication shall be deemed in the mse of clause (a) A of subsection (I) tol be-covered by, and in the case of clause (b) thereof to be excluded from the said item. - 25. If .the courses of study to*b e Undergone for Proviji6im registiation obtaiaing a recognised medicar quacation of the =o$r% can&d, - Utkal University include a period of traning after a person has assed the qualifying examination and v-I~. for .hefore s u 2 qualification is conferred on - him, any such person shall, on - application made by him . and on t ayment af such fees as -may be prescribed in this ehalf by regulations, be entitled to have his name entered provisjonally in the register in order to -enable him to practise medicine in an approved institution for the period aforesaid. . , - . 26. (1) The Council - shall have pawer to arU Pdwdr ~t C a d 1 6 '. -ont he authorities of any examinin 8 , body included a11t or in'or desirous of being included in t e SchedWG , from a* rids ot (a) to furnish such reyurrs,, returns:-or- &he M d d , information as the Coucil may.r tquire .coUegs or . . to enable it to judge the standard of tho f examinations held by .such body and bf . . the efficiency . of the - instruction given in the Medical Colleges arid Schbols- or institutions where . ~didates for the - examinition by such body are train4 ; or ' - (b) 'to provide facilities for enabvng- any member of the Cobcil -deputed by' ' - thk CounciI in this behalf. to be preseht at the examinations to be' held by such examining body. (2) The Council shall have power to inspect any Medical GolIege or School or institu- tion where candidates for examination by 'such examining body are trained and may for this purpose appointa special. ~omrmtteeo f not more than three mernbefs of the CounciI to inspect my such Mdcal' College or S~hool or institution and submit a 16~orti n regard thereto to the Council. Powers of 2f. The- Council may direct- CaunciI to ditM mmoval of (a) that the .name of any registered practi- nsmes from tioner- registor, and re-entry of . namas (i) who has been sentenced by any court thetdn. for any oon-bailable, offehce, such ' sentence not having been subsequently ' r.evvrse or quashed; or (ii) whom the Council after due enquiry - conducted as provided in cIause (b) - of section 20, have found guilty by a majority .of two-thirds of the ' members 'pr~enta nd votitg at the meeting, of ,an ififarnous conduct in his profession ; - . be removed from the. register of registered practitioners or that ther ptactitioner be . : warned ; and , (b) that any name so removed be afterwards .re-entered in the register : Provided . that the, disqualification under sub- - +- clause (i) of. clause (a) may be removed by the State - G~vernment..by-anorderm adeinthat bebar. + 28. .(I) A registerid practitioner whose name has EKOC~O~ bee ' n removed from the register under clause (a)- of section 27 shall forthwith sutrender his certificate of egistar. registration to the Registrar and the name so- removed shall be published in the Gazette.. . . (2) If. the name of a registere-d ~ractitioner removed under clause (a) of section 27 is afterwards reentered in the register as provided in caluse (b) . thereof, the fact of such re-entry shall be published . in the Gazette and. the certificate of registration shall be returned to the registered practitio:ier by whom - . it was surrendered. omo oval r;atud,;uleen o rp f Ft 29. e y e ntry in the register whieh is proved to - the satisfaction of the Counn'l to have ' been frau- - dulently dr incorrectly made, may be removed or corrected under an order in writing of the Council. , A ( Sets. 30-34 ) 30, Tf any. person is aggrieved by any decisibh. of /A:$+$~int o ~ I the Registrar refusing to enter the name or any title or qualification of such person in the register, ofRegistrar. he may,- at any the within' three months from the date of intihation of the same, appeal to ihe .Council . whose decision shall be final. 31, (2) An appeal shall 'lie to the - State Govern- ~1ip-1 to . ment from every decision of ,the CoUncil, under tGbotv -a Srhntamtet n t section 20 or sectibn 27. from d d - sion of . - (2) Every appeal ,under sub-section CJ) shall Coupeil. be-preferred witbin -three months from the date' . . ' of - such decision. 32. (1) Every Registrar of Births add ' Deaths Notice of who receives notice ofthe deathofany perso? whose death and , removal of name he knows to' have been entered iri the register, name from shall forthwith transmit by post to the Registrar a Ihb Ttgik8*- certificate of su'ch death, signed by him and stating ' particul&rs of the time and place of death. (2)~Onreceiptofsuch ceMcate or any oth& reliable information regarding ,such death, the Rkgistrar shall remove the name of the . deceased person from the register. 33. If any whos:: name - is not entered in zgz .on d tbe register, is found to practise medicine or uses in 'cbnaection with his name qr tifle any words or ~rescntipg letters. representing that hEs nwe is so entered he rthaa~tib~t t1s~ r~d. shalt, whether any person -is actually deciived .by such representation or not, be punjsh&bk,o n comic- tion by a Magistrate of the First Class, with h e which' may extend to three hundred rupees.- * ,34. (1) If any registered practitioner whose -name for bas been removed from the register under clause (a) pf seaion - 27 fails without sficient tau= to sur- oa~mtoof ' render his certificate of registration he shall be reaV"tiOn puaishabIe with fine which may extend to Mty rupees. (2) Cognizance' of an offence .ponishable ukder this section shaU not be taken except upon. - made by an order of the Council. 386 THEO KESA MED ICAL REGISTRATIAOCN T, 1951 [Or. Act 18 , -Coastruetion 35. Thb expressions "I egally qualified medical rermnces practitioner" or "duly qualified medical practitioners" in Acts to Meaid and all other expressions importing a person recog: Pmitiaws. nised by law as a Medical Practitioner or a member of the Medical Profession as used in any Act which is in force in the State of Orissa shall be de.emed.to ' mean a 'Mt.&cat - Practitioner registered under this Act ; and no certificate required to bc given by any . . M edicql Rracti tioner or Medical Officer under . - any Act which is in force in the State of Orjssa, - shall be valid unless such practitioner or officer is registered under this Act. . . Unregistered 36. (1) Except with' the special sanction of the pcnons not State Government no person other than-a registered to hold pracGtioner shall be zompetent to hold any. appoint- - , av~ointmcnt. v ent as a Professor of Medical College-or School, - .or as Medical Oficer- of HealtIz, or as a physician, surgeon, or other Medical Officcr in any hospital, Asylum, i nfurnary, dispensary or lying-in- hospital which is su2p orted partially or entirely by public or local fun s, or .which is under the supervision of . the State Government. " (2) Any ap P ' o intment made in contravention of sub-sectior! ( ) shall be void and illegal. 37. {I) The ~edstrars hall, after the expiry of Publication - use qf every period of three years on or before a date to be MdDJht. fixed in this 'behalf by thi 'Council. cause to bd . printed and published a correct list of the names for the time being entered in the register setting forth , (a) all names entered in the register, arranged in alphabetical order, accordng to the surnames ; (bl the registered address or appointment ox ' each person whose narne is entered in the register ; and (c) the registered titles and quaucations of 'i each such person represented by the - ' , abbreviations thereof and the year in which each such title was granted or each . . such qumcation was obtained. (2) The Registrar shall, on the expiry of every year, other than the, year in which a list is printed and published under sub-section (I) on or before a date to be,ked in.this behalf hy the Council, cause - to be printed and published a list supplementary thergo, containing additions and alterations in the - register, since the publication of the list under sub- section (]). (3) It' shall be presumed that any person whose name is entered in the latest list printed and published under sub-section (I) read with the latest list supple- mentary thereto, if any, printea and published under . sub-section (2) is duly registered under this .Act, and. that any person whose name is not so entered is not registered under this Act: Provided that, in the case of any person whose name does not appear in the lists aforesaid, a cedi- fied copy signed by *the .Registrar, of the entry' of the name of such person in the register of Registered Practitioner shall be sufficient evidence that such - person is registered under this Act. 38. All fees received by the Council -.dm this Disposal of Act sball be applied for the purposes of this Act infx. . accordance with such rules #as may be made by the State Government. 39. No suit or other legal proceedings shall liesat t ~ a,,i u in respect of any act done in the exercise of any power Ian,d, ,o ther coderred by this Act on the State Government or mdings. the ~ o ~ folr dan y committee of the Council or the Registrar. 40. (I) The State Government may from time Ruler sad to time make +rules for carrying out the purposes R"Nakv. of this,Act. (2) In particular, and without pqejudice to the : gehcra~tyo f the foregoing power, the State Govern- ment may make rules- (a) pre~cribingt he manner .of election under . + sedtion 4 ; ~ bp)re scribing the p t h du nder sub-section (2) . . of section 4 ; 388 ORISSAM EDICALR EGISTR~T~O'ANC T, 196 1 [Or, Acl I (c) prescribing the manner of election of the President or Vice-president referred to in sub-section (I) of section 13 and the - manner of filling up . vacancies referred to in sub-section (5) of that section 'and the functions to be performed by the President and tht: Vice-President ; (d) prescribing the manner in which the first ' meeting of 'the Council referred to in section 13 shall be convened and conducted ; (e) to prescribe the form of the register of Registered Practitioners to be maintained , - under this Act ; Cf) to regulate the application .of fees under section 38 ; and (g) to regulate ,the procedure to be followed -by the Council in conducting any enquiry ' under this Act and disposing of appeals from the decision of the Registrar. (3) 1n addition to .the power conferred by sub- section (6) of section 14, section 16 and sub-section (1) of section 23 the Council may, with the previous ' sanction of the State Government, make regulations- (a) to prescribe the fees chargeable- in respect , of any registration under this Act ; Ib) to regulate the keeping of accounts of such fees ; . . (i) to regulate the management of contributoj prqvident fund and gratuity for the employees of the Council ; . . (d) td regulate thk disposal of irrecoverable ' . fees ; and . (e) in respect of the conditions of sefiice of '- its empIoyees. (4) All such rules and regulations shall be , published in the Gazette. ~ R w - 4 1.(i)The Orissa Medid Regulation, 1936~=pt*r * Iofa 19t%b. U is hereby repealed. - (2) .Notwithstanding the repeal as aforesaid- . (a) the Council established under the said ' - Regulation shall continue to function till and shall cease to exist with effect from of the date the first meeting of the Council eskblished under this Act and thereupon ' . all assets and liabilities of ,the enrW Council shall devolve upon the latter ; . . (b) am. acts begun whether pending or com- leted by the Orissa Council ,of MedM kegstration. sstabli8hed ander the said Regulation by the date of the aforeadd . first meeting, shall, in so far as they relate to the functions allotted to the ' Council under this 'Act be deemed to t have begun or pe ormed by the Council A established unde this Act and such acts I ! 'may be carried on and completed by or I under f he authority of the Council so eta- blished ; and I (c) sIl Medical Practitioners .registered under the aforesaid Regulation and continuing - as such on the date of the repeal shall, for all purposes, be deemed to have bee4 -. re@steced under this Act, THEO RISSAM BD~CALR EGISTRATIOAN CT, 1961 [Or. Act 18 of 1961 ] THE SCHEDULE {See Section 20) QuALIFICAT~ONSE m m GR EGIsTRA~ONU Num lXE ACT 1. Qualifications specified in rbe First, Second or Third Schedule to the Indian Medical Couucil Act, 1956 (102 of 1956). 2. Qdfication specified in the under-mentioned list- dame of the body Description of the Abbreviation of . or authority award- qualifications the qualifications in8 the quafifi- for regishation cations - -- (=) State Medic a 1 Membr of the Statc M. M. F. (Ben@), Faculty of Medical Faculty, Ssngal. Mngal. , (b) ~tate Medical (1) Member of Stat0 M. M. F. (Wsst ~wacu.ltyof W est , Medical Faculty, BengaI). West Bengal. (2) CertXcate o f Certificate u n d e r qudscation by the .ArticIe 6-C (West State Medical Bengal). Faculty under Ah- de dC of the Statu- tea of the State Medical Faculty, West Rengal . (3) Cerljficate o i Certscate un d e r qualification by the Article 6-D 'or 6-E . Sta'k Medical (West.B eapl). Faculty u n d e r Article 6-D or 6-E of the Siatutes of the Stale Medical Faculty, W e e t Bengal. (c) College of Member of M.C . P. S. (Bombay). LUG -Physicians and College of Physi- S u r g e o ~ s , ciansandSurgeons, Bombay. Bombay. -- 3. Qualilic~tionsg ranted prior to 1916 by the Sate Govern- ment to a person trained in a Government Medical College or S~hooiln India or Burma, dcctaring him to be quaI~edt o practise Medicine, Surgery nnd Midwifery, or to perform tbe duties of a Military Assistant Surgcon, Hospital Assistant or Sub-Assistant Surgeon, Abbreviations for registration L. M. P., M. A. S., H. A., C. H. A., S. A. S. or V. L. M. S. or diploma or certj0cate of thr ~tituti~rn.