Acts & Rules > Indian Medical Council Act, 1956
Govt. of Chhattisgarh established by Chhattisgarh Medical Council.

AN ACT TO PROVIDE FOR THE RECONSTITUTION OF THE MEDICAL COUNCIL OF INDIA AND THE MAINTENANCE OF A MEDICAL REGISTER FOR INDIA AND FOR MATTERS CONNECTED THEREWITH.

Be it enacted by Parliament in the seventh year of the Republic of India as follows : -

4. MODE OF ELECTION

1. (a) An election under clause (b), clause (c) or clause (d) of sub-section (1) of section 3 shall be conducted by the Central Government in accordance with such rules as may be made by it in this behalf, and any rules so made may provide that pending the preparation of the Indian Medical Register in accordance with provisions of this Act, the members referred to in clause (d) of sub-section (1) of section 3 may be nominated by the Central Government instead of being elected as provided therein.
2. Where any dispute arises regarding any election to the Council, it shall be referred to the Central Government whose decision shall be final.

5. RESTRICTIONS ON NOMINATION AND MEMBERSHIP

1. No person shall be eligible for nomination under clause (a) of sub-section (1) of section 3 unless he possesses any of the medical qualifications included in the First and Second Schedules, resides in the State concerned, and where a State Medical Register is maintained in that State, is enrolled on that Register.
2. No person may at the same time serve as a member in more than one capacity.

6. INCORPORATION OF THE COUNCIL

The Council so constituted shall be a body corporate by the name of the Medical Council of India,

having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and to contract and shall by the said name sue and be sued.

7. TERM OF OFFICE OF PRESIDENT, VICE-PRESIDENT AND MEMBERS

1. The President or Vice-President of the Council shall hold office for a term not exceeding five years and not extending beyond the expiry of his term as member of the Council.
2. Subject to the provisions of this section, a member shall hold office for a term of five years from the date of his nomination or election or until his successor shall have been duly nominated or elected, whichever is longer.
3. An elected or nominated member shall be deemed to have vacated his seat if he is absent without excuse, sufficient in the opinion of the Council from three consecutive ordinary meetings of the Council, or in the case of a member elected under clause (b) of sub-section (1) of section 3, if he ceases to be a member of the medical faculty of the university concerned, or in the case of a member elected under clause (c) or clause (d) of that sub-section, if he ceases to be a person enrolled on the State Medical Register concerned.
4. A casual vacancy in the Council shall be filled by nomination or election, as the case may be, and the person nominated or elected to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was nominated or elected.
5. Members of the Council shall be eligible for re-nomination or re-election.
6. Where the said term of five years is about to expire in respect of any member, a successor may be nominated or elected at any time within three months before the said term expires but he shall not assume office until the said term has expired.

8. MEETINGS OF THE COUNCIL

1. The Council shall meet at least once in each year at such time and place as may be appointed by the Council.
2. Unless otherwise provided by regulations fifteen members of the Council shall form a quorum, and all the acts of the Council shall be decided by a majority of the members present and voting.

9. OFFICERS, COMMITTEES AND SERVANTS OF THE COUNCIL

The Council Shall:

1. constitute from amongst its members an Executive Committee and such other committees for general or special purposes as the Council deems necessary to carry out the purposes of this Act.
2. appoint a Registrar who shall act as Secretary and who may also, if deemed expedient, act as Treasurer.
3. employ such other persons, as the Council deems necessary to carry out the purposes of this Act.
4. require and take from the Registrar, or from any other employee, such security for the due performance of his duties as the Council deems necessary and
5. With the previous sanction of the Central Government fix the remuneration and allowances to be paid to the President, Vice-President and members of the Council and determine the conditions of service of the employees of the Council.