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THE ANDHRA PRADESH GAZETTE
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PART-I EXTRAORDINARY
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PUBLISHED BY AUTHORITY
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______________________________________________________________________________________________________________________________________________
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No.790 HYDERABAD, TUESDAY, JANUARY2, 2007.
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NOTIFICATIONS BY GOVERNMENT
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HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT
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(E2)
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CONSTITUITON OF ANDHRA PRADESH MEDICAL COUNCIL UNDER ANDHRA PRADESH MEDICAL PRACTITIONERS REGISTRATION(AMENDMENT)ACT, 1986.
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[G.O. Ms.No.875, Health Medical and Family welfare (E2) 29th December, 2006.]
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In excersice of the powers conferred by sub-section (1) of Section 3 of the Andhra Pradesh Medical Practitioners Registration Act, 1968(Act No.23 of 1968), the Governor
of Andhra Pradesh hereby constitutes a council called the Andhra Pradesh Medical
Council in supersession of the existing council constituted in G.O.Ms.No.251, Health,
Medical and Family Welfare(K1)Department, dated 06-05-1999. The Andhra Pradesh
Medical Council condsists of the following members under sub-section 2 of section 3
of the said Act:-
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I.
Members elected under clause(a)of sub-section(2)of section 3 of
the Act by the members of the executive council of the University of Health Sciences :-
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1.
Dr.A.V.Krishnam Raju,MBBS.,MD.,Professor of Pathology,
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Rangaraya Medical College, kakinada, East Godavari District. |
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2. Dr.Cipai Subramanyam, MBBS.,MS.,M.Ch.,
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C/o.RUSSH Hospital, OPP:Municipal Office, TIRUPATHI, Chittoor District.
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II.
Members elected under clause(b)of sub-section(2)of section 3 of
the Act from the registered practitioners subject to outcome of the pending enquiry on
the election petition:-
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1.
Dr.G.Balamaddaiah.
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2.
Dr.Balbeer Singh Yadav.
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3.
Dr.Vallabhaneni Ramprasad.
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4.
Dr.K.Ramesh Reddy.
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5.
Dr.P.Vijaychander Reddy.
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6.
Dr.E.Ravinder Reddy.
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7.
Dr.Nagalla Kishore.
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III.
Members nominated under clause(c)of sub-section(2)of section 3 of
the Act.
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1. Dr.K.L.Sampath Kumar,MBBS,
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Ex-President, Indian Medical Association, A.P.,
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Bharani Hospital, Bhanugudi Junction, Kakinada, East Godavari District..
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2. Dr.Surapureddy Sreenivas Reddy,MBBS.,MS.(Ortho)Associate, Professor of Orthopedic Surgery,
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Osmania General Hospital, Hyderabad.
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3. Dr.Raj Siddarth,
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Department of General Surgery, Kakatiya Medical College,
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warangal Presently General Secretary, Indian Medical Association,
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Warangal Branch. H.No. 1-9-1015,Basithnagar,Subedari, |
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4. Dr.C.Padmavathi,MBBS.,Diploma in Diabetes,
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W/o.Dr.Vijay Babu, Opthalmologist, Kothapet, Guntur District..
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IV.
Ex-Officio Members under clause(d)of sub-section(2)of section 3 of
the Act.
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1.
Director of Medical Education,
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2.
Director of Health
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3.
Director, Institute of preventive Medicine.
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CHAPTER I (Preliminary) |
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CHAPTER
II (Constitution
and Composition Of The Ccouncil) |
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CHAPTER
III (Executive
Committee And Its Powers) |
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CHAPTER
IV
(Special Committees And Their Functions) |
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CHAPTER
V (Officers
Of The Council) |
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CHAPTERVI
(Medical Practitioners Registration Fund) |
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CHAPTER
VII (Registration
Of Medical Particulars) |
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CHAPTER
VIII (Penalties) |
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CHAPTER
IX (Appeals)
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CHAPTER
X (Miscellaneous) |
CHAPTER
I
Preliminary |
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1. |
Short title extent, and Commencement:-
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(1) |
This Act may be called the Andhra Pradesh Medical Practitioners Registration (Amendment)
Act, 1968. | |
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(2) |
It extends to the whole of the State of Andhra Pradesh. |
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(3) |
It shall come into
force on such date as the Government may, by notification in the Andhra
Pradesh Gazette, appoint. |
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2. |
Definitions:-
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In this Act, unless the context otherwise requires - |
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(a) |
'Andhra Area'
means the territories of the State of Andhra Pradesh other than the
Telangana area; |
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(b) |
'Approved institution'
means a hospital, asylum, infirmary, dispensary, lying-in-hospital,
health center or other such institution in which the methods of treatment
approved by the Council are carried on; |
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(c) |
'Council' means
the Andhra Pradesh Medical Council established under section 3; |
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(d) |
'Government' means
the State Government; |
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(e) |
'Medical college'
means the college approved by a University in the State imparting education
for the full Universtiy course in modern scientific medicine in all
its branches excluding veterinary medicine and veterinary surgery; |
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(f) |
'Notification'
means a notification published in the Andhra Pradesh Gazette; |
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(g) |
'Prescribed' means
prescribed by rules made under this Act; |
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(h) |
'Register' means
the register maintained under section 15; |
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(i) |
'Registered practitioner'
means a practitioner of the modern scientific medicine whose name
is for the time being borne on the register; |
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(j) |
'State' means
the State of Andhra Pradesh; |
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(k) |
'Telangana area' means
the territories specified in sub-section(1) of section 3 of the State Reorganisation Act, 1956. |
Top |
CHAPTER
II
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3. |
Constitution And Composition Of The Council
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(1) |
As
soon as may be, after the commencement of this Act, the Government
shall, by notification, establish a Council called Andhra Pradesh
Medical Council which shall be a body corporate having perpectual
succession and a common seal and shall by its name, sue and be sued.
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(2) |
The
Council shall consist of the following members, namely :- |
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(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; |
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(b) |
Seven
members to be elected in the prescribed manner by the registered practitioners
from amongst themselves; |
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(c) |
Four
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; |
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(d) |
The
Director of Medical Education, the Director of Health and Family Welfare
and any other officer performing any of the functions of either of
the said Directors to be nominated by the Government ex-officio. |
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(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.
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(4) |
In making nominations under clause (c) of subsection (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). |
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(5)
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No
person shall be a member of the Council in more than one of the categories
specified |
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4. |
Term of office of elected
and nominated members:- |
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An
elected or nominated member of the Council shall hold office for a
term of five years from the date of his election or nomination and shall be eligible for re-election
or renomination, as the case may be. |
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5. |
Election of Chairman and Vice Chairman:- |
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(1) |
The
Council shall elect in the prescribed manner from amongst its members,
a Chairman who shall, unless he ceases to be a member of the Council
earlier, hold office for 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, "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.
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(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. |
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(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. |
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(4)
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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. |
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6. |
Disqualification's for becoming members:-
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A Person shall be disqualified to become a member of the Council,
if such person on the date of his election or nomination to the Council
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(a) |
was sentenced by a criminal court for an offence involving moral turpitude,
such sentence not having been reversed or the offence pardoned and
period of five years has not elapsed from the date of the expiration
of such sentence; |
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(b) |
is of unsound mind and stands so declared by a competent court, a
deaf, mute or a leper; |
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(c) |
is an applicant to be adjudicated as an insolvent or an un-discharged
insolvent; |
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(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. |
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(e) |
is an officer or servant of the Council. |
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7. |
Cessation of membership:- |
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An elected or nominated member of the Council shall cease to hold
office if he- |
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(a) |
is or becomes subject to any of the disqualifications specified in
section 6; |
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(b) |
absents himself without excuse sufficient in the opinion of the Council,
from three consecutive meetings of the Council; |
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(c) |
is absent out of India for six consecutive months without excuse sufficient
in the opinion of the Council; |
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(d) |
ceases to be a registered practitioner. |
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(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. |
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8. |
Resignation of Chairman, Vice-Chairman or members:-
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The Chairman may resign his office by giving notice, in writing, to
the Council and the Vice-chairman or any member of the Council may
resign his office by giving notice 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 genuiness. A resignation delivered personally
or confirmed as aforesaid shall take effect on and from the date on
which the notice was received.
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9.
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Filling of casual vacancy:-
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Any
vacancy occurring in the office of an elected or nominated member
of the Council before the expiration of 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. |
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10.
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Meetings of the Council:- |
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(1)
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Except
as otherwise provided in this Act no business shall be transacted
at a meeting of the 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 an exercise
a second or casting vote.
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(2) |
The Council shall, for the disposal of the business, meet as often
as in necessary but not less than twice in each year after giving
such notice to the members, as may be prescribed. |
Top |
CHAPTER
III
Executive Committee And Its Powers
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11. |
Executive Committee:- |
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(1)
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There
shall be an Executive Committee of the Council consisting of the Chairman
and Vice-Chairman, Ex-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. |
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(2)
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(a)Every
member of the Executive Committee so elected shall hold office as
such until the next annual election. |
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(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. |
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(c) |
A member of the
executive committee elected to fill a casual vacancy shall hold office
as such only until the next annual election. |
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(3) |
The
Chairman and the Vice-Chairman of the Council shall be the Chairman
and the Vice- Chairman respectively of the Executive Committee. |
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(4)
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The
Council may delegate any of its powers and duties to the Executive
Committee subject to such conditions as it deems fit to impose. |
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(5)
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The
Council may cancel any delegation made under sub-section (4). |
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(6) |
No
business shall be transacted at a meeting of the Executive Committee
unless at least three members thereof are present. |
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(7) |
All questions that may come
before the Executive Committee shall be decided by a majority of
the members present and voting. In the case of equality of votes,
the Chairman, Vice-Chairman or any member presiding at the meeting
shall have exercise a second or casting vote.
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CHAPTER
IV
Special Committees And Their Functions
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12.
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Special Committee and their functions:-
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(1)
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The
Council may, from time to time, appoint one or more special committees,
each consisting of :-
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(a)not
less than three members of the Council who shall be elected by the
Council. |
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(b)Two
such other persons not being members of the council as the Council
may nominate. |
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(2) |
Every special committee shall meet at such time and place as may be
provided in the regulations. |
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(3) |
Every
special committee shall elect its Chairman from amongst its members.
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(4)
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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.
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(5)
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The
Council may, at any time, dissolve or subject to the provisions of
sub-section (1), alter the constitution of, any such committee. |
Top |
CHAPTER
V
Officers Of the Council
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13.
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Registrar and other Officers:-
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(1)The
Council shall appoint a Registrar who shall act as Secretary of the
Council and who shall also act as Treasurer, unless the Council appoints
another person as Treasurer.
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(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. |
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(3)The
Council may also appoint such other officers and servants as it may deem
necessary for the purposes of this Act. |
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(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.
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14.
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Medical Registrar:-
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The Council shall cause
to be maintained in theprescribed 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 Andhra Pradesh 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. |
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CHAPTER
VI
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15.
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Registration of Medical Practitioners:-
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(1) Every person who
holds any of the medical qualifications included in the Schedules to
the Indian 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
licence 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. |
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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.
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(2)Any person who immediately before the
date of commencement of this Act was 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.
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(3)Upon entry in the register of a name
under this section the Registrar shall issue a certificate of
registration in the prescribed form.
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(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.
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CASE LAW
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Amended by Amendment
Act, 1986(Act No.28 of 1986),Sections 15(4) and 17(2)- Rules
regulating the procedure at an Enquiry. Rules 4(1)(b),4(1)(c),6,
10,11 and 14- Removal of name of a Doctor from Register of
Registered Medical Practitioners for a period of three months by
A.P.Medical Council finding him guilty of infamous conduct in his
professional respect for allegedly issuing false post-mortem
certificate - Legality and validity of - Experts Committee appointed
by Medical Council not followed prescribed procedure in conducting
enquiry - Impression given to petitioner that enquiry conducted is
only a preliminary fact-finding enquiry and not a regular enquiry -
Statutory Rules violated - person whose rights are going to be
affected by proposed action must be given fair hearing - Enquiry
conducted in a summary fashion - Rights conferred by Rules to be
represented by counsel and to cross-examine witnesses of complainant
and to adduce evidence in defence are substantive mandatory
provisions which have to be strictly complied with - When a man's
reputation or livelihood is at stake, he is entitled for assistance
of counsel to defend him even where rules are silent about it -
Nothing to show that petitioner waived those fundamental rights -
when allegations are grave in nature affecting one's employement,
high standard of proof be applied and not to condemn him on mere
probabilities and surmises- No basis for arriving at conclusion that
petitioner colluded with MRO and police in giving post- mortem
certificate- Grave prejudice caused to petitioner on account of
procedure violation in conducting enquiry- Enquiry there by vitiated
- Impugned order removing petitioner's name from register of
registered Medical Practitioners
quashed.L.C.Obulesu,Asst.Professer,Forensic
Medicine,Government.General Hospital,Kurnool vs.Andhra Pradesh
Medical Council,rep.by its Registrar, Hyderabad and another;1996(4)
ALT281(D.B.).
Amended by
Amendment Act,1986,Sections 15 and 17 and Rules Regulating the
Procedure at an Enquiry held under Secs.15 and 17, Rules 6,10 and
11(4)- In the enquiry material witnesses were not examined- The
delinquent was not afforded proper opportunity for his defence- He
was not permitted to engage a Counsel to argue his case - The
enquiry was vitiated - It was no enquiry in the Eye of law - It is
null and void - A fresh enquiry is the only consequence- It has to
be conducted from the stage of service of memo of charges and issue
of show cause notice Dr.B.Ramachandraiah, Cuddapah vs. L.C.Obulesu,
Kurnool and others; 1997(6)ALT 758(D.B.). |
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16.
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Notice of death:-
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(1)Every Registrar of
Births and Deaths on receiving 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. |
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(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. |
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17.
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Cancellation or alteration
of entry made in the register:-
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(1)The Council may, if
it thinks fit, after giving notice to the person concerned and
inquiring into his objections, if any, order that an entry in the
register which is proved to the satisfaction of the Council to have
been fraudulently or incorrectly made or brought about, be cancelled
or altered. |
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(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 Homeopathic,
Unani and sidda
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. |
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(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. |
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(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. |
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(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 Andhra Pradesh
Gazette. |
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18.
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Issue of duplicate certificate
of registration:-
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Where it is shown
to the satisfaction of the Registrar that a certificate of
registration has been lost, destroyed mutilated or defaced, the
Registrar may , on payment of the prescribed fee, issue a duplicate
certificate in the prescribed form. |
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CHAPTER
VII
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19. |
Medical Practitioners Registration
Fund:-
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(1)All monies received
by the Council shall constitute, a fund called the Medical
Practitioners, Registration Fund and shall be applied for such
purposes and in such manner as my be prescribed.
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(2)All monies received
by the Council shall be lodged in any bank approved by the
Government. |
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(3)All orders or
cheques shall be signed by the Registrar. |
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20. Privileges of registered practitioners:- Notwithstanding anything to the contrary in any
other law for the time being in force :-
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(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. |
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(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,
practise the modern scientific medicine or hold himself out, whether
directly or by implication as practicing or as being prepared to so
practise. |
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(iii)no certificate
required by law to be given by a medical practitioner shall be valid
unless signed by a registered practitioner. |
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CHAPTER
VIII
penalties
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21. |
Penalty for falsely claiming to be registered:-
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Whoever falsely represents himself to be
a registered practitioner shall, whether any person is actually
deceived by such representation or not, be punishable with fine
which may extend to five hundred rupees. |
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22.Penalty for contravention of provisions of clause(ii) of Section 20:-
Whoever contravenes the provisions of clause
(ii) of section 20 shall be punishable on first conviction with
imprisonment which may extend to three months or with fine which may
extend to five hundred rupees or with both, and 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.
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23.Failure to surrender certificate of registration:-
If any person whose name has been removed or deleted from the register under section 17
fails without sufficient cause to surrender his certificate or
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.
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24.Jurisdiction of magistrate:-
No court inferior
to that of a magistrate of the first class shall try any offence
punishable under this Act.
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CHAPTER
IX
Appeals |
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25.Appeal from the decision of the Council:- An appeal shall lie
to the Government from a decision of the Council under section 15 or
section 17. Such appeal shall be preferred within three months from
the date of the decision of the Council. |
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26.Procedure in inquiries and appeals:-
An inquiry under section 15 or section 17 may
be held by the council or by Committee which may be 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.
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(2)In holding inquires 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 :- |
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(a) |
enforcing the
attendance of any person and examining him on oath; |
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(b) |
compelling the production of
documents; |
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(c) |
issuing of
commissions for the examination of witnesses. |
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27.Appeal from order of Registrar:- An appeal shall lie
to the Council from an order of the Registrar under section 15. Such
appeal shall be preferred within three months from the date of the
order. |
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CHAPTER
X
Miscellaneous |
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28. |
Control by Government:-
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If, at anytime, it
appears to the Government, that the 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, the 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. |
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29.Bar of jurisdiction:-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.. |
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30.Protection of Acts done in good faith:- No suit,
prosecution or the legal proceedings shall be instituted against any
person for anything which is, in good faith done or intended to be
done under this Act, or under the rules or regulations made
thereunder.
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31.Power to make rules:- (1)The Government may, by notification make rules
for carrying out all or any of the purposes of this
Act.
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(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 is 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
or 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. |
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32. (1)The Council may with the previous approval of
the Government make regulations for all or any of the following
matters, namely : - |
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(i) for the conduct of elections to the Executive
Committee and other Committees; |
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(ii) for the convening of meetings of the Council,
the Executive Committee and other Committees; |
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(iii) for the conduct of business at such
meetings; |
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(iv) for the appointment, and the conditions of
service of the Registrar and other officers and servants appointed
under section 13; |
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(v) the conditions subject to which the Council
may delegate its powers and duties to any Special
Committee; |
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(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. |
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(2) All regulations made under sub-section (1)
shall be published in the Andhra Pradesh Gazette. |
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(3) The Government may, by order, modify or cancel
any regulation made under sub-section (1). |
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33. No act or proceeding of the Council the
Executive Committee or a Special Committee, shall be deemed to be
invalid by reason only of any defect in the constitution of 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 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. |
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Allowances to members:-
34. There shall be paid to the members of the
Council, the 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. |
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Repeals on Savings:-35. The Andhra Pradesh (Andhra Area) Medical
Registration Act, 1914 and the Andhra Pradesh (Telangana Area)
Medical Registration Act, 1348 F., are hereby repealed; Provided
that - |
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(i)Such repeal shall not affect anything done or
any action taken under the Acts so repealed, before the commencement
of this Act; |
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(ii)notwithstanding such repeal, until a Council is
constituted in accordance with the provisions of this Act
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(a)
The Council shall cause to the Medical Council
constituted for the Andhra Area or the Telangana Area under the
relevant repealed Act and functioning immediately before that
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; |
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(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; |
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(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. |
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36. |
Extention and amendment of Central Act 7 of
1916 to the Telangana Area:- |
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(1)The Indian Medical
Degrees Act, 1916, as in force in the Andhra Area at the
commencement of this Act, is hereby extended to the Telangana
area. |
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(2)In the said Act
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(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. |
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(ii) for sub-clause (I)
of clause (b) of subsection (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". |
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