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 : -

29. INFORMATION TO BE FURNISHED BY THE COUNCIL AND PUBLICATION THEREOF.

1. The Council shall furnish such reports, copies of its minutes, abstracts of its accounts, and other information to the Central Government as that Government may require.
2. The Central Government may publish in such manner as it may think fit, any report, copy, abstract or other information furnished to it under this section or under sections 17 and 18.

30. COMMISSION OF INQUIRY.

1. Whenever it is made to appear to the Central Government that the Council is not complying with any of the provisions of this Act, the Central Government may refer the particulars of the complaint to a Commission of Inquiry consisting of three persons two of whom shall be appointed by the Central Government, one being a Judge of a High Court and one by the Council, and such Commission shall proceed to inquire in a summary manner and to report to the Central Government as to the truth of the matters charged in the complaint, and in case of any charge of default or of improper action being found by the commission to have been established, the Commission shall recommend the remedies, if any, which are in its opinion necessary.
2. The Central Government may require the Council to adopt the remedies so recommended within such time as, having regard to the report of the Commission, it may think fit, and if the Council fails to comply with any such requirement, the Central Government may amend the regulations of the Council, or make such provision or order or take such other steps as may seem necessary to give effect to the recommendations of the Commission.
3. A Commission of inquiry shall have power to administer oaths, to enforce the attendance of witnesses and the production of documents, and shall have all such other necessary powers for the purpose of any inquiry conducted by it as are exercised by a Civil Court under the Code of Civil Procedure, 1908.

31. PROTECTION OF ACTION TAKEN IN GOOD FAITH.

No suit, prosecution or other legal proceeding shall lie against the Government, the Council or a State Medical Council or any Committee thereof, or any Officer or servant of the Government or Councils aforesaid for anything which is in good faith done or intended to be done under this Act.

32. POWER TO MAKE RULES.

1. The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
2. All rules made under this section shall be laid for not less than thirty days before both Houses of Parliament as soon as possible after they are made, and shall be subject to such modifications as Parliament may make during the session in which they are so laid or the session immediately following.

33. POWER TO MAKE REGULATIONS.

The Council may, with the previous sanction of the Central Government, make regulations generally to carry out the purposes of this Act, and without prejudice to the generality of this power, such regulations may provide for:-

1. the management of the property of the Council and the maintenance and audit of its accounts;
2. the summoning and holding of meetings of the Council, the times and places where such meetings are to be held, the conduct of business thereat and the number of members necessary to constitute a quorum;
3. the resignation of members of the Council;
4. the powers and duties of the President and Vice-President
5. the mode of appointment of the Executive Committee and other Committees, the summoning and holding of meetings and the conduct of business of such Committees;
6. the tenure office, and the powers and duties of the Registrar and other officers and servants of the Council; (fa) the form of the scheme, the particulars to be given in such scheme, the manner in which the scheme is to be preferred and the fee payable with the scheme under clause (b) of sub-section (2) of section 10A; (fb) any other factors under clause (g) of sub-section (7) of section 10A; (fc) the criteria for identifying a student who has been granted a medical qualification referred to in the Explanation to sub-section (3) of section 10B;
7. the particulars to be stated, and the proof of qualifications to be given in applications for registration under this Act;
8. the fees to be paid on applications and appeals under this Act;
9. the appointment, powers, duties and procedure of medical inspectors and visitors;
10. the courses and period of study and of practical training to be undertaken, the subjects of examination and the standards of proficiency therein to be obtained, in Universities or medical institutions for grant of recognized medical qualifications;
11. the standards of staff, equipment, accommodation, training and other facilities for medical education;
12. the conduct of professional examination; qualifications of examiners and the conditions of admissions to such examinations;
13. the standards of professional conduct and etiquette and code of ethics to be observed by medical practitioners; and (m a) the modalities for conducting screening tests under sub-section (4A), and under the proviso to sub-section (4B), and for issuing eligibility certificate under sub-section (4B), of section 13,.
14. any matter for which under this Act provision may be made by regulations.

34. REPEAL OF ACT 27 OF 1933.

1. The Indian Medical Council Act, 1933 is hereby repealed.
2. Notwithstanding anything contained in this Act, until the Council is constituted in accordance with the provisions of this Act:-

1. the Medical Council of India as constituted immediately before the commencement of this Act under the Indian Medical Council Act, 1933, with the addition of seven members nominated thereto by the Central Government from among persons enrolled on any of the State Medical Registers who possess the medical qualifications included in Part I of the 3rd Schedule to this Act (hereinafter referred to as the said Medical Council) shall be deemed to be the Council constituted under this Act and may exercise any of the powers conferred or perform any of the duties imposed on the Council; and any vacancy occurring in the said Medical Council may be filled up in such manner as Central Govt. may think fit; and
2. the Executive Committee and other Committees of the said Medical Council as constituted immediately before the commencement of this Act, shall be deemed to be the Executive Committee and the Committees constituted under this Act.