The Telangana Medical Practitioners Registration Act, 1968

THE TELANGANA MEDICAL PRACTITIONERS REGISTRATION ACT, 1968. (ACT NO. 23 OF 1968.) ARRANGEMENT OF SECTIONS Sections CHAPTER I. PRELIMINARY 1. Short title, extent and commencement. 2. Definitions. CHAPTER II. CONSTITUTION AND COMPOSITION OF THE COUNCIL. 3. Constitution and composition of the council. 4. Term of office of elected and nominated members. 5. Election of Chairman and Vice-Chairman. 6. Disqualifications for becoming members. 7. Cessation of membership. 8. Resignation of Chairman, Vice-Chairman or members. 9. Filling of Casual vacancy. 10. Meetings of the Council. CHAPTER III. EXECUTIVE COMMITTEE AND ITS POWERS 11. Executive Committee. 2 [Act No. 23 of 1968] CHAPTER IV. SPECIAL COMMITTEES AND THEIR FUNCTIONS. 12. Special Committees and their functions. CHAPTER V. OFFICERS OF THE COUNCIL. 13. Registrar and other officers. 14. Medical Registrar. CHAPTER VI. REGISTRATION OF MEDICAL PRACTITIONERS. 15. Registration of Medical Practitioners. 16. Notice of death. 17. Cancellation or alteration of entry made in the Register. 18. Issue of duplicate certificate of registration. CHAPTER VII. MEDICAL PRACTITIONERS REGISTRATION FUND. 19. Medical practitioners Registrations fund. 20. Privileges of registered practitioners. CHAPTER VIII. PENALTIES. 21. Penalty for falsely claiming to be registered. 22. Penalty for contravention of provisions of clause (ii) of section 20. 23. Failure to surrender certificate of registration. 24. Jurisdiction of magistrate. [Act No. 23 of 1968] 3 CHAPTER IX. APPEALS. 25. Appeal from the decision of the Council. 26. Procedure in inquiries and appeals. 27. Appeal from order of Registrar. CHAPTER X MISCELLANEOUS 28. Control by Government. 29. Bar of Jurisdiction. 30. Protection of acts done in good faith. 31. Power to make rules. 32. Power of council to make regulations. 33. Acts of council etc., not to be invalidated by vacancy, etc. 34. Allowances to members. 35. Repeal and Savings. 36. Extension and Amendment of Central Act 7 of 1916 to the Telangana area. THE TELANGANA MEDICAL PRACTITIONERS REGISTRATION ACT, 1968.1 ACT No. 23 OF 1968. CHAPTER-I PRELIMINARY 1. (1) This Act may be called the 2Telangana Medical Short title, extent Practitioners Registration Act, 1968. and commencement. (2) It extends to the whole of the State of 2Telangana. (3) It shall come into force on such date as the Government may, by notification in the 2Telangana Gazette, appoint. 2. In this Act, unless the context otherwise requires;- Definitions. (a) 3[XXX] (b) „approved institution‟ means a hospital, asylum, infirmary, dispensary, lying-in-hospital, health centre or other such institution in which the methods of treatment approved by the Council are carried on; 1. The Andhra Pradesh Medical Practitioners Registration Act, 1968 received the assent of the President on the 12th November, 1968. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Notification issued in G.O.Ms.No.68, HM&FW (C1) Department, dated 03.08.2015. 2. Substituted by G.O.Ms.No.68, HM&FW (C1) Department, dated 03.08.2015. 3. Omitted by G.O.Ms.No.68, HM&FW (C1) Department, dated 03.08.2015. 2 [Act No.23 of 1968] (c) „Council‟ means the 4Telangana Medical Council established under section 3 5[(cc) „CME‟ means a continued medical education programme or recognized medical conference or seminar or workshop as may be approved or conducted by the Council in the State headquarters or regional headquarters or district headquarters or teaching hospitals or medical colleges or any institution run by the Telangana Vaidya Vidhana- Parishad;] (d) „Government‟ means the State Government; 6[(dd) [XXX]] (e) „Medical college‟ means a college approved by a University in the State imparting education for the full University course in modern scientific medicine in all its branches excluding veterinary medicine and veterinary surgery; (f) „notification‟ means a notification published in the 4Telangana Gazette; (g) „prescribed‟ means prescribed by rules made under this Act; 7[(gg) [XXX]] 4. Substituted by G.O.Ms.No.68, HM&FW (C1) Department, dated 03.08.2015. 5. Inserted by Act No. 10 of 2013 (Clause (cc)). 6. Inserted by Act No. 10 of 2013 (Clause (dd)) and omitted by Act No. 6 of 2018. 7. Inserted by Act No. 10 of 2013 (Clause (gg)) and omitted by Act No.6 of 2018. [Act No. 23 of 1968] 3 (h) „register‟ means the register maintained under section 15; (i) „registered practitioner‟ means a practitioner of the modern scientific medicine whose name is for the time being borne on the register; 8[(ii) [XXX]] (j) „State‟ means the State of 9Telangana; (k) 10[XXX] CHAPTER II. CONSTITUTION AND COMPOSITION OF THE COUNCIL. 3. (1) As soon as may be, after the commencement of this Constitution and Act, the Government shall, by notification, establish a composition of Council called 9Telangana Medical Council which shall be a the Council. body corporate having perpetual succession and a common seal and shall by its name, sue and be sued. (2) The Council shall consist of the following members, namely:— 11[(a) two members to be elected in the prescribed manner by the members of the Executive Council of the University of Health Sciences in the State from amongst the persons holding any degree in modern medicine;] 8. Clause (ii) added by Act No.10 of 2013 and omitted by Act No.6 of 2018. 9. Substituted by G.O.Ms.No.68, HM&FW (C1) Department, dated 03.08.2015. 10. Omitted by G.O.Ms.No.68, HM&FW (C1) Department, dated 03.08.2015. 11. Substituted by Act No. 28 of 1986. 4 [Act No.23 of 1968] (b) 12[five members] to be elected in the prescribed manner by the registered practitioners from amongst themselves; (c) 13[six members] to be nominated by the Government of whom two shall be from amongst such members of the teaching staff of the medical colleges in the State as are registered practitioners; 13[(d) The Director of Medical Education, the Director of Health and Family Welfare, the Commissioner, 12Telangana Vaidya Vidhana Parishad and Vice-Chancellor, 12Kaloji Narayana Rao University of Health Sciences, Telangana and any other officer to be nominated by the Government, ex- officio.] (3) No person shall be eligible for election or nomination under sub-section (2) unless he has been ordinarily resident in the State for not less than five years immediately before the date of election or nomination, as the case may be. (4) In making nominations under clause (c) of sub-section (2), the Government shall have due regard to the claims of women, of the members of the scheduled castes, of medical missions of practitioners in the service of recognised philanthropic institutions and of other groups of practitioners whose representatives have not been elected under clause (a) or clause (b) of sub-section (2). (5) No person shall be a member of the Council in more than one of the categories specified in sub-section (2). 12. Substituted by G.O.Ms.No.68, HM&FW (C1) Department, dated 03.08.2015. 13. Substituted by Act No. 10 of 2013. [Act No. 23 of 1968] 5 4. An elected or nominated member o the Council shall Term of office of elected and hold office for a term of five years from the date of his nominated election or nomination and shall be eligible for re-election or members. re-nomination, as the case may be. 5. (1) The Council shall elect in the prescribed manner Election of from amongst its members a Chairman who shall, unless he Chairman and ceases to be a member of the Council earlier, hold office for Vice-Chairman. a period of two years from the date of his election as Chairman and shall be eligible for re-election: Provided that for a period of two years from the date of the first constitution of the Council under this Act, 14[one of the ex-officio members referred to in clause (d) of sub- section (2) of section 3 nominated by the Government] shall be the Chairman of the Council. (2) The Council shall elect in the prescribed manner, from amongst its members, a Vice-Chairman who shall, unless he ceases to be a member of the Council earlier, hold office for a period of one year from the date of his election and shall be eligible for re-election. (3) When the office of the Chairman is vacant or in the absence of the Chairman from any meeting, the Vice- Chairman shall perform the functions of the Chairman. (4) In the absence of the Chairman and the Vice- Chairman a meeting of the Council may be presided over by a member elected by the majority of the members present at the meeting. 6. A person shall be disqualified to become a member of Disqualifications for becoming the Council, if such person on the date of his election or members. nomination to the Council— 14. Substituted by Act No. 28 of 1986. 6 [Act No.23 of 1968] (a) was sentenced by a criminal court for an offence involving moral turpitude, such sentence not having been reversed or the offence pardoned and a period of five years has not elapsed from the date of the expiration of such sentence; (b) is of unsound mind and stands so declared by a competent court, a deaf, mute or a leper; (c) is an applicant to be adjudicated as an insolvent or an undischarged insolvent; (d) is interested in a subsisting contract made with, or any work being done for, the Council except as a share- holder, other than a director, in a company, or except as may be prescribed; or (e) is an officer or servant of the Council. Cessation of 7. An elected or nominated member of the Council shall membership. cease to hold office if he— (a) is or becomes subject to any of the disqualifications specified in section 6; (b) absents himself without excuse sufficient in the opinion of the Council, from three consecutive meetings of the Council; (c) is absent out of India for six consecutive months without excuse sufficient in the opinion of the Council; (d) ceases to be a registered practitioner; (e) ceases to hold the office by virtue of which he has been elected or nominated as a member of the Council under section 3. [Act No. 23 of 1968] 7 8. The Chairman may resign his office by giving notice in Resignation of writing to the Council and the Vice-Chairman or any Chairman, Vice- Chairman or member of the Council may resign his office by giving notice members. in writing to the Chairman. Except in a case where the person resigning delivers the notice of resignation personally to the Registrar, the Registrar shall, on receipt of a notice of resignation, obtain confirmation in writing from the person concerned as to its genuineness. A resignation delivered personally or confirmed as aforesaid shall take effect on and from the date on which the notice was received. 9. Any vacancy occurring in the office of an elected or Filling of casual nominated member of the Council before the expiration of vacancy. his term shall be filled by election or nomination, as the case may be, of another person in the manner provided in section 3 and the person so elected or nominated shall hold office for the residue of the term of his predecessor. 10. (1) Except as otherwise provided in this Act, no Meetings of the business shall be transacted at a meeting of the Council council. unless at least seven members are present. All questions that may come before the Council shall be decided by a majority of the members present and voting. In the case of equality of votes, the member presiding at the meeting shall have and exercise a second or casting vote. (2) The Council shall, for the disposal of the business, meet as often as is necessary but not less than twice in each year after giving such notice to the members, as may be prescribed. CHAPTER III. EXECUTIVE COMMITTEE AND ITS POWERS 11. (1) There shall be an Executive Committee of the Executive Council consisting of the Chairman and Vice-Chairman, ex- Committee. 8 [Act No.23 of 1968] officio, and three other members who shall be elected every year by the Council from among its members at its first meeting held in that year. (2) (a) Every member of the Executive Committee so elected shall hold office as such until the next annual election. (b) If any casual vacancy occurs before such election, the Executive Committee shall fill that vacancy by electing a member : Provided that if before the vacancy is so filled, a meeting of the Council has been called, the vacancy shall be filled by the Council by electing a member of the Council. (c) A member of the Executive Committee elected to fill a casual vacancy shall hold office as such only until the next annual election. (3) The Chairman and the Vice-Chairman of the Council shall be the Chairman and the Vice-Chairman respectively of the Executive Committee. (4) The Council may delegate any of its powers and duties to the Executive Committee subject to such conditions as it deems fit to impose. (5) The Council may cancel any delegation made under sub-section (4). (6) No business shall be transacted at a meeting of the Executive Committee unless at least three members thereof are present. (7) All questions that may come before the Executive Committee shall be decided by a majority of the members [Act No. 23 of 1968] 9 present and voting. In the case of equality of votes, the Chairman, Vice-Chairman or any member presiding at the meeting shall have and exercise a second or casting vote. CHAPTER IV. SPECIAL COMMITTEES AND THEIR FUNCTIONS. 12. (1) The Council may, from time to time, appoint one or Special more special committees, each consisting of:- committees and their functions. (a) not less than three members of the Council who shall be elected by the Council. (b) Two such other persons not being members of the Council as the Council may nominate. (2) Every special committee shall meet at such time and place as may be provided in the regulations. (3) Every special committee shall elect its Chairman from amongst its members. (4) The Council may, refer to any such committee for enquiry and report any matter relating to any of the purposes of this Act, or, delegate to it, any of its functions by resolution, subject to such conditions as it deems fit to impose and may cancel any such delegation. (5) The Council may, at any time, dissolve or subject to the provisions of sub-section (1), after the constitution of, any such committee. 10 [Act No.23 of 1968] CHAPTER V. OFFICERS OF THE COUNCIL. Registrar and 13. (1) The Council shall appoint a Registrar who shall act other officers. as Secretary of the Council and who shall also act as Treasurer, unless the Council appoints another person as Treasurer. (2) The Registrar shall be responsible for the due performance of the functions imposed on him and on the Council, under the Indian Medical Council Act, 1956. (3) The Council may also appoint such other officers and servants as it may deem necessary for the purpose of this Act. (4) All persons appointed under this section shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. Medical Register. 14. The Council shall cause to be maintained it the prescribed manner a register of medical practitioners, which shall contain the names of the medical practitioners, arranged in the alphabetical order and publish it in the 15Telangana Gazette. It shall be the duty of the Registrar to keep the register correct and from time to time, to revise the register and publish it in the prescribed manner. Such register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872. 15. Substituted by G.O.Ms.No.68, HM&FW (C1) Department, dated 03.08.2015. [Act No. 23 of 1968] 11 CHAPTER VI. REGISTRATION OF MEDICAL PRACTITIONERS. 15. (1) Every person who holds any of the of Medical Registration of qualifications included in the Schedules to the Indian Medical Practitioners. Medical Council Act, 1956, may apply to the Registrar giving a correct description of his qualifications, with the dates on which they were granted, and present his degree, diploma or license along with such fee as may be prescribed for being registered under this Act. The Registrar shall, if satisfied that the applicant is entitled to be registered, enter his name in the register: Provided that any person whose name has been registered under any law for the time being in force in any other part of India relating to the registration of medical practitioners shall be required to pay such registration fee as may be prescribed if the law aforesaid provides for registration of persons registered under this Act without the payment of any fee or on payment of a fee not exceeding the prescribed fee. 16[XXX] Explanation-1:- For the purpose of sub-section (1) of this section, an applicant for registration means, a person who holds recognized medical qualification and underwent such practical training in any approved institution in the State. 17[XXX] 16. Second proviso added by Act No. 10 of 2013 and omitted by Act No.6 of 2018. 17. Explanation 2 omitted by Act No.6 of 2018. 12 [Act No.23 of 1968] (2) Any person who immediately before the date of commencement of this Act was a registered practitioner under the Andhra Pradesh (Andhra Area) Medical Registration Act, 1914 or the Andhra Pradesh (Telangana Area) Medical Registration Act, 1348 F., and who is qualified for registration under the Indian Medical Council Act, 1956, shall be deemed to have been registered under the provisions of this Act on that date and his name shall be entered in the register maintained under this Act. (3) Upon entry in the register of a name under this section the Registrar shall issue a certificate of registration in the prescribed form. (4) The Council may refuse to permit the registration of any person, who was convicted of an offence involving a moral turpitude with imprisonment for a period of not less than six months or with fine of not less than rupees five hundred and a period of five years has not elapsed from the date of such conviction, or who after due inquiry by the Council or a Committee thereof was found guilty by the Council of infamous conduct in any professional respect. 18[15A. (1) A citizen of India possessing a medical qualification granted by a medical institution outside India included in Part-II of the Third Schedule to Indian Medical Central Act 102 of Council Act, 1956, who is required to undergo practical 1956. training in an approved institution shall be entitled to be registered provisionally in the 19Telangana Medical Register and shall be entitled to practice medicine in any approved institution for the purpose of such training and not for other purpose. 18. Sections 15A, 15AA, 15B, 15C, 15D inserted by Act No.10 of 2013. 19. Substituted by G.O.Ms.No.68, HM&FW (C1) Department, dated 03.08.2015. [Act No. 23 of 1968] 13 (2) Every person who holds any of the Medical Qualifications included in the FIRST Schedule to the Indian Medical Council Act, 1956 may apply to the Registrar giving Central Act 102 of 1956. correct description of his qualification with the date on which the same was granted and present his pass certificate along with such fee as may be prescribed by the Council in this behalf, shall be entitled for the grant of Provisional Medical registration, for the purpose of enabling him to be engaged in employment in a resident medical capacity in any approved institution or in the Medical Service of the Armed Forces of the Union. (3) The names of all persons provisionally registered under sub-section (1) or sub-section (2) in the 20Telangana Medical Register shall be entered therein separately from the names of other persons registered therein. (4) A person registered provisionally as aforesaid who has completed practical training referred to in subsection (1) or who has been engaged for the prescribed period in employment in a resident medical capacity in any approved institution or in the Medical Service of the Armed Forces of the Union, as the case may be, subject to the conditions laid down in Second Proviso to sub-section (1) of section 15 shall be entitled for registration in the 20Telangana Medical Register under section 15. (5) The Registrar shall, if satisfied that the applicant is entitled to be registered provisionally under sub-section (1) or sub-section (2) enter his name in the Register and also issue a certificate in the form prescribed in this behalf. 20. Substituted by G.O.Ms.No.68, HM&FW (C1) Department, dated 03.08.2015. 14 [Act No.23 of 1968] (6) The Provisional Registration granted under sub- section (1) or sub-section (2) shall be valid for a period of one year from the date of its issuance: Provided that any person who is unable to complete the practical training within the validity period of such provisional registration may get the same revalidated for the required period, but not exceeding for a period of one year. 15AA. (1) Every person who has passed MBBS and completed practical training otherwise called internship of one year 21[XXX], on production of proper evidence to that effect, may apply to the Registrar giving a correct description of his qualification with date on which the same was granted and with the date on which he or she has completed practical training as prescribed under sub- section (3) of section 13 of Indian Medical Council Act, 1956 or who has been engaged in employment in a resident medical capacity in any approved institution for the specified period and present his degree or provisional degree and a certificate of completion of practical training along with such fee as may be prescribed in this behalf shall be entitled for Renewal of Provisional Registration granted under sub-section (1) or sub-section (2) of section 15-A above. The Registrar shall, if satisfied that the applicant is entitled to be registered, enter his name in the register maintained for this purpose. 22[(2) [XXX]] 21. Omitted by Act No.6 of 2018. 22. Sub-section (2) of section 15AA omitted by Act No. 6 of 2018. [Act No. 23 of 1968] 15 2315B. If any person whose name is entered in the 24Telangana Medical Register obtains any title, or P.G. Diploma or Degree or a Higher Specialty, which is a recognized medical qualification, he or she shall, on application made in this behalf in the prescribed manner shall be entitled to have an entry stating such other qualification made against his or her name in the Medical Register either in substitution for or in addition to any entry previously made by paying fee prescribed by the Council. 25[XXX] 15C. (1) Subject to provisions contained in section 15 (1) above, every medical practitioner shall once in every five years renew his or her registration by paying prescribed fee to the Council. (2) For renewal of registration such applicant shall produce evidence to the effect that he or she participated or attended a minimum of such hours, as may be prescribed in this behalf, over a period preceding five years in any recognized Medical Conference or Seminar or Workshop or Continued Medical Education Programme approved in this behalf, (3) The Medical Practitioner who fails to renew his or her registration under sub-section (1) and in the manner prescribed under sub-section (2), shall cease to be a registered practitioner within the meaning of section 2 (1) of the Act, and the Registrar shall remove the name of such practitioner from the „Register‟ maintained under section 15: 23. Section 15B came into force w.e.f.02.08.2013. 24. Substituted by G.O.Ms.No.68, HM&FW (C1) Department, dated 03.08.2015. 25. Proviso of section 15B omitted by Act No.6 of 2018. 16 [Act No.23 of 1968] Provided that the Registrar may grant fresh registration in such cases on payment of fee as prescribed in this behalf and on an application prescribed thereto. 15D. (1) Any Medical Practitioner from other Country in the world or from other State in India who visits 26Telangana for the purpose of demonstration of skill or conducting surgeries or procedures or workshop for the purposes of teaching, research or charitable work who has not registered his or her name in Medical Council of India shall apply to the Registrar for the purpose of Temporary Permission for undertaking the aforesaid professional activities: Provided that medical practice by such persons shall be,- (a) permitted only if they are enrolled as medical practitioners in accordance with the law regulating the registration of medical practitioners for the time being in force in that Country or in that State. (b) limited to the institution to which they are attached for the time being for the purposes of teaching, research or charitable work. (c) limited to the period specified in this behalf by the Council by general or special order. (2) Any institution or administrator or head of the unit of the concerned specialty shall give correct description of qualifications of foreign visiting doctors with dates on which they were granted and present such degree or diploma or license along with such fee prescribed by the Council. 26. Substituted by G.O.Ms.No.68, HM&FW (C1) Department, dated 03.08.2015. [Act No. 23 of 1968] 17 (3) The Registrar shall, if satisfied that the applicant is entitled to be permitted temporarily for medical practice subject to the provisions of sub-section (1) above, enter his or her name in the register maintained in this behalf and also issue a certificate to that effect, on payment of fee prescribed by the Council from time to time.] 16. (1) Every Registrar of Births and Deaths on receiving Notice of death. notice of the death of a registered practitioner, shall forthwith transmit to the Registrar appointed under this Act, a certificate under his own hand and seal of such death giving the time and place thereof. (2) On receipt of such certificate or other reliable information regarding such death, the Registrar appointed under this Act, shall remove the name of the deceased practitioner from the register. 17. (1) The Council may, if it thinks fit, after giving notice to Cancellation or the person concerned and inquiring into his objections, if alteration of entry made in the any, order that any entry in the register which is proved to register. the satisfaction of the Council to have been fraudulently or incorrectly made or brought about, be cancelled or altered. (2) The Council may direct the removal, permanently or for a specified period, from the register the name of any registered practitioner for the same reasons for which registration may be refused by the Council under sub- section (4) of section 15 and the provisions thereof shall apply to any inquiry under this section: Provided that the name of a registered practitioner shall not be removed from the register on the ground of his association, in any professional respect, with a registered practitioner of indigenous medicine such as Ayurvedic, Homoeopathic, Unani and Sidda. 18 [Act No.23 of 1968] Explanation.— For the purpose of this proviso, the expression „registered practitioner of indigenous medicine‟ shall mean „a practitioner qualified for registration under any law for the time, being in force relating to the registration of practitioners of indigenous medicine‟. (3) Nothing in sub-section (2) shall relieve a registered practitioner of any obligation or code of ethics which may be imposed on registered practitioners generally by the Council. (4) Any registered practitioner may make an application to the Council for deleting his name from the register and the Council may, on such application and in accordance with such rules as may be made, direct such deletion. Any such practitioner may apply for fresh registration under section 15. (5) A person whose name has been removed or deleted from the register under this section shall forthwith surrender his certificate of registration to the Registrar, and the name so removed or deleted shall be published in the 27Telangana Gazette. Issue of duplicate 18. Where it is shown to the satisfaction of the Registrar certificate of that a certificate of registration has been lost, destroyed, registration. mutilated or defaced, the Registrar may, on payment of the prescribed fee, issue a duplicate certificate in the prescribed form. 27. Substituted by G.O.Ms.No.68, HM&FW (C1) Department, dated 03.08.2015. [Act No. 23 of 1968] 19 CHAPTER VII. MEDICAL PRACTITIONERS REGISTRATION FUND. 19. (1) All monies received by the Council shall constitute a Medical fund called the Medical Practitioners Registration fund and Practitioners shall be applied for such purposes and in such manner as Registration Fund. may be prescribed. (2) All monies received by the Council shall be lodged in any bank approved by the Government. (3) All orders or cheques shall be signed by the Registrar. 20. Notwithstanding anything to the contrary in any other Privileges of registered law for the time being in force,- practitioners. (i) no person other than a registered practitioner shall, without the previous sanction of the Government be competent to hold any appointment as physician, surgeon or other medical officer in any approved institution which is supported wholly or partly out of the funds of the State or the fund of a local authority; (ii) no person other than a registered practitioner shall, with effect from such date as may be specified by the Government by notification in this behalf, practice the modern scientific medicine or hold himself out, whether directly or by implication as practicing or as being prepared to so practice; (iii) no certificate required by law to be given by a medical practitioner shall be valid unless signed by a registered practitioner; 20 [Act No.23 of 1968] 28[(iv) The Government shall permit the Council to constitute two or three member committees for the purpose of visiting or inspecting any hospital or nursing home or institutions or places where alleged unethical practices are being taken place and where unqualified persons or quacks or doctors who do not belong to modern system or scientific medicine practicing modern medicine and prescribing drugs of modern medicine. Such committees shall be formed by Chairman of the Council with the members of all categories except ex-officio members of the Council; (v) The Government shall also permit the Council to constitute such committees as specified in clause (iv) above to visit or inspect institutions or hospitals or places or nursing homes where the names of the doctors are removed from the register for their unethical acts but alleged to be continuing to practice without surrendering the certificate or registration without sufficient cause within the prescribed time.] CHAPTER VIII. PENALTIES. Penalty for falsely 21. Whoever falsely represents himself to be a registered claiming to be practitioner shall, whether any person is actually deceived registered. by such representation or not, be punishable with fine which may extend to five hundred rupees. Penalty for 22. Whoever contravenes the provisions of clause (ii) of contravention of section 20 shall be punishable on first conviction with provisions of imprisonment which may extend to three months or with fine clause (ii) of which may extend to five hundred rupees or with both, and section 20. on any subsequent, conviction with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both. 28. Clauses (iv) and (v) inserted by Act No. 10 of 2013. [Act No. 23 of 1968] 21 23. If any person whose name has been removed or Failure to deleted from the register under section 17 fails without surrender sufficient cause to surrender his certificate or registration certificate of registration. within the prescribed time, he shall be punishable with fine which may extend to fifty rupees per month of such failure and in the case of a continuing offence, with an additional fine which may extend to ten rupees for every day during which such offence continues after conviction for the first such offence. 24. No Court inferior to that of a magistrate of the first class Jurisdiction of magistrate. shall try offence punishable under this Act. CHAPTER IX. APPEALS. 25. An appeal shall lie to the Government from a decision Appeal from the decision of the of the Council under section 15 or section 17. Such appeal Council. shall be preferred within three months from the date of the decision of the Council. 26. (1) An inquiry under section 15 or section 17 and may Procedure in be held by the Council or by Committee which may be inquiries and appeals. appointed by the Council as provided in sub-section (1) of section 12. The Council or the committee, as the case may be, may at its discretion hold such inquiry in camera. Where the inquiry is held by the Committee, it shall make a report to the Council which shall pass such orders as it deems fit. (2) In holding inquiries under this Act the Council or its Committee shall have the same powers as are vested in the civil courts under the Code of Civil Procedure, 1908, when trying a suit; in respect of the following matters, namely:— (a) enforcing the attendance of any person and examining him on oath; 22 [Act No.23 of 1968] (b) compelling the production of documents; (c) issuing of commissions for the examination of witnesses. Appeal from order 27. An appeal shall lie to the Council from an order of the of Registrar. Registrar under section15. Such appeal shall be preferred within three months from the date of the order. CHAPTER X MISCELLANEOUS Control by 28. If, at any time, it appears to the Government, that the Government. Council has failed to exercise or has exceeded or abused any of the powers conferred upon it by or under this Act, or has failed to perform any of the duties imposed upon it by or under this Act, Government may communicate the particulars of such failure, excess or abuse to the Council and require the Council to remedy it; and if the Council fails to remedy such default, excess or abuse within such time as may be fixed by the Government in this behalf, the Government may for the purpose of remedying such default, excess or abuse cause any of the powers and duties of the Council to be exercised and performed by such person or agency and for such period as they may think fit. Bar of jurisdiction. 29. No suit, prosecution or other legal proceeding shall lie against the Government, the Council, the Executive Committee or any other Committee or the Registrar in respect of an act done in the exercise of any power conferred by or under this Act. Protection of Acts 30. No suit, prosecution or other legal proceedings shall done in good be instituted against any person for anything, which is, in faith. good faith done or intended to be done under this Act, or under the rules or regulations made there under. [Act No. 23 of 1968] 23 31. (1) The Government may, by notification make rules for Power to make carrying out all or any of the purposes of this Act. rules. (2) Every rule made under this section shall, immediately after it is made be laid before each House of the State Legislature if it is in session and if it is not in session in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid for the session immediately following both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled as the case may be so however such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 32. (1) The Council may with the previous approval of the Power of council to make Government make regulations for all or any of the following regulations. matters, namely:— (i) for the conduct of elections to the Executive Committee and other Committees; (ii) for the convening of meetings of the Council, the Executive Committee and other Committees; (iii) for the conduct of business at such meetings; (iv) for the appointment, and the conditions of service of the Registrar and other officers and servants appointed under section 13; (v) the conditions subject to which the Council may delegate its powers and duties to any Special Committee; 24 [Act No.23 of 1968] (vi) any other matter which is to be provided for in the regulations, or may be necessary for carrying out the purposes of this Act; (2) All regulations made under sub-section (1) shall be published in the 29Telangana Gazette. (3) The Government may, by order, modify or cancel any regulation made under sub-section (1). Acts of Council, 33. No act or proceeding of the Council, the Executive etc., not to be Committee or a Special Committee shall be deemed to be invalidated by invalid by reason only of any defect in the constitution of vacancy, etc. such Council, Executive Committee or Special Committee or merely on the ground that the Chairman, the Vice-Chairman or any member of the Council, the member of the Executive Committee or the member of a Special Committee as the case may be was not entitled to hold or continue in such office by reason of any disqualification or by reason of any irregularity in his election or nomination or by reason of such act or proceeding having been done or conducted during the period of any vacancy in the Office of the Chairman, the Vice-Chairman or any member of the Council, the member of the Executive Committee or the member of a Special Committee. Allowances to 34. There shall be paid to the members of the Council, the members. members of the Executive Committee or the members of a Special Committee for attending a meeting of the Council, the Executive Committee or the Special Committee, as the case may be, such allowances as may be prescribed. Repeals and 35. The Andhra Pradesh (Andhra Area) Medical Savings. Registration Act, 1914 and the Andhra Pradesh (Telangana 29. Substituted by G.O.Ms.No.68, HM&FW (C1) Department, dated 03.08.2015. [Act No. 23 of 1968] 25 Area) Medical Registration Act, 1348 F., are hereby repealed: Provided that — (i) such repeal shall not affect anything done or any action taken under the Acts so repealed, before the commencement of this Act; (ii) notwithstanding such repeal, until a Council is constituted in accordance with the provisions of this Act — (a) the Medical Council constituted for the Andhra area or the Telangana area under the relevant repealed Act and functioning immediately before the commencement of this Act, shall continue to function for the area for which it was constituted as if it were a Council constituted under the provisions of this Act and any vacancy occurring in the said Medical Council shall be filled in such manner as the Government may think fit. (b) the Executive Committee and other Committees of a Medical Council as constituted immediately before the commencement of this Act shall be deemed to be the Executive Committee and other Committees constituted under this Act ; (iii) on the constitution of the Council under the provisions of this Act, the Medical Councils functioning by virtue of clause (ii) shall stand dissolved and their assets and liabilities shall devolve on the Council so constituted. 36. (1) The Indian Medical Degrees Act, 1916, as in force in Extension and the Andhra area at the commencement of this Act, is hereby amendment of Central Act 7 of extended to the Telangana area. 1916 to the Telangana Area. (2) In the said Act — 26 [Act No.23 of 1968] (i) in section 2, after the words “all the territories” the words “comprised in the State of Andhra Pradesh and all the other territories” shall be substituted. (ii) for sub-clause (i) of clause (b) of sub-section (1) of section 6-A as inserted by section 3 of the Indian Medical Degrees (Andhra Pradesh) (Andhra Area) Amendment Act, 1940, the following sub-clause shall be substituted, namely:— “(i) is recognised by any law for the time being in force in the States, or”. * * *