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Govt. of Chhattisgarh established by Chhattisgarh Medical Council.

MADHYA PRADESH ACT
(No.11 of 1990)
The Madhya Pradesh Ayurvigyan Parishad Adhiniyam, 1987
[Received assent of the President on the 10th July, 1990: assent first published in the " Madhya Pradesh gazette (Extra Ordinary) ", dated the 24th July 1990]

An Act to consolidate and amend the laws relating to registration of practitioners of medicine in Madhya Pradesh and to make provisions for constitution of the Medical Council for the State and for matters connected therewith.
Be it enacted by the Madhya Pradesh legislature in the (Thirty-Eighth) Year of the republic of India as follows : -

CHAPTAR-III - PREPARATION AND MAINTENANCE OF STATE MEDICAL REGISTER.

11. Preparation of Register.

(1) The Registrar shall prepare and maintain a State Medical Register of Medical Practitioners for the State, in accordance with the provisions of this Act.

(2) The State Medical Register shall be in such form and shall be divided into such parts as may be prescribed. The register shall include the full name, address and qualifications of the registered practitioner, the date on which each qualification was obtained and such other particulars as may be prescribed.

(3) Any person who possesses a recognized medical qualification shall, at any time on an application made in the prescribed form to the Registrar and on payment of a fee as may be prescribed by regulation and on presentation of his Degree or Diploma, as the case may be, be entitle to have his name entered in the State Medical Register ordinarily within three months after completion of prescribed formalities;
Provided that if a person possesses more then recognize medical qualification, he shall mention in the application all the recognize medical qualifications which he possesses on the date he makes the application;
Provided further that the applicant who is enable to present for sufficient cause, his degree or diploma may be granted a provisional registration for a period not exceeding one year if he satisfies the council that he holds such a degree or diploma.

(4) Notwithstanding anything contented in sub section (3) the name of every person which on the day immediately presiding the date of commencement of this Act stands entered in the register kept by the Mahakoshal Medical Council or the Medical Council, Bhopal shall be entered in the State Medical Register prepared under this Act, without such person being required to make an application or to pay any fee for this purpose.

(5) Every registered practitioner shall be given a certificate of registration in the prescribed form. The registered practitioner shall display the certificate or certified true copy of the certificate of registration at a conspicuous part in the place of his practice.

12. Maintenance of the Register.

(1) It shall be the duty of the registrar of the council to keep the State Medical Register in accordance with the provisions of this Act and of any orders made by the council and from time to time revise the register in the manner prescribed. The registrar shall get the medical register published in the gazette and every change made during the course of a year shall be published annually in the gazette.

(2) Such register shall be deemed to be a public document within the meaning of the Indian evidence Act, 1872 (1 of 1872), and may be proved by a copy published in the gazette.

13. Registration of Additional Qualification.

(1) Every registered practitioner who after the entry of his name in the State Medical Register, obtains any title, Degree or Diploma which is a recognize medical qualification shall be bound to get the same entered in the State Medical Register in accordance with the provision of this Act.

(2) Every registered practitioner to whom sub section (1) applies shall, on obtaining any title, Degree or Diploma which is a recognize medical qualification, make an application to the council in such form and within such period as may be prescribed together with such fee as may be prescribe by regulations for each qualifications obtained for entering such title, Degree or Diploma in the State Medical Register either in substitution for, or in addition to, any entry previously made;
Provided that where such title, Degree or Diploma has been obtained prior to the date of commencement of this Act such application shall be made within six months from the date of such commencement.

(3) On receipt of the application under sub section (1), the council shall enter the Title, Degree or Diploma in the State Medical Register ordinarily within three months after completion of prescribed formality.

(4) No registered Medical Practitioner who has obtained any additional qualification shall be entitled to use such qualification for the purpose of practice or any other purpose whatsoever or derive any advantage there from during the course of practice or for the purpose of employment unless he gets that qualification registered in the State Medical Register in accordance with the provision of this section.

14. Privileges of Registered Practitioners.

(1) Subject to the conditions and restrictions laid down in this Act or the Indian Medical Council Act, 1956 (No.102 of 1956) regarding medical practice by person possessing certain recognize medical qualification, every person whose name is for the time being born on the State Medical Register shall be entitle, according to his qualifications to practice as a medical practitioner within the state and to recover in respect of such practice any expenses, charges in respect of medicaments or other appliances or any fees to which he may be entitled.

(2) No certificate required by or under any law to be given by a medical practitioner shall be valid unless it is signed by a registered practitioner and bears the seal of his name and registration number.

(3) Every prescription issued by a registered practitioner shall have seal of the name and registration number of such registered practitioner.

(4) No person other than a registered practitioner shall be eligible to hold any appointment as physician, surgeon or medical officer in any hospital asylum, infirmary, dispensary or any other medical institution or medical officer of health in any other allied branch of medicine.

15. Power of Council to prohibit entry or to direct removal from State Medical Register.

The council may, upon reference from the registrar or otherwise prohibit the entry in, or order the removal from, the State Medical Register of the name of any person, -

(a) Who has been sentenced by a criminal court to imprisonment for an offence indicating in the opinion of the council such a defect in character as would render the enrollment or continuance of his name in the State Medical Register undesirable; or

(b) Whom the council after enquiry at which opportunity has been given to him to be heard in person and which may at the discretion of council be held in camera, finds guilty of infamous conduct in any profession respect by a majority of two –thirds of the members of the council present and voting at the meeting but such number shall not be less than five.

16. Alteration of State Medical Register by council.

(1) The council may after giving the person concern reasonable opportunity of being heard and inquiring into his objections, if any, order that any entry in the State Medical Register, which in the opinion of the council, has been fraudulently or incorrectly made or bought about be cancelled or amended.

(2) The council may direct the removal altogether or for a specified period from the State Medical Register of the name of any registered medical practitioner for the same reason for which registration may be prohibited by the council under section-15.

(3) The council may direct that any name removed under sub section (2) shall be restored subject to such condition- if any, which the council may deemed fit to impose.

17. Procedure in enquiries.

For the purpose of any enquiry under section-12, 15 or 16 the council or any committee authorized by rules made under section-29 shall be deemed to be a court with in the meaning of the Indian evidence Act, 1872 (no.1 of 1872), and shall exercise all the powers of a commissioner appointed under the public servant (enquiries) Act, 1850 (No.37 of 1850), and such enquiries shall be conducted, as for as may be, in accordance with the provisions of section-5 and section-8 to 20 of the public servant (enquiries) Act, 1850 ( No 37 of 1850).

18. Appeal against decision of council.

(1) Any person aggrieved by the decision of the council under section-12, 15 or 16 may prefer an appeal to the State Government.

(2) An appeal under section-1 shall be preferred within three months from the date of receipt by the party concern of a copy of such decision and it shall be accompanied by such fee as may be as prescribed by regulation.