The Punjab Medical Registration Act, 1916

1. (1) This Act may be called the Punjab Registration Act, 1916. (2) It extents to 2Punjab.

2. The provisions of section 4 shall come into force on such 3date as the 4[State] Government may notify in this behalf. The rest of this Act shall come into force at once.

3. In this Act unless there is something repugnant in the subject or context – (1) “The British Medical Acts” means Statutes 21 and 22, Victoria, Chapter 90 (The Medical Act) and any Act amending the same: (2) “Council” means the Medical Council established by this Act; (3) “Prescribed” means prescribed by rule or bye laws made under this Act: (4) “Registered practitioner” means any person registered under the provisions of this Act.

4. Notwithstanding anything to the contrary in any enactment, rule, bye- law or any other provision of law – (1) no certificate required by any Act in force, or that may hereafter be passed, from a medical practitioner or officer shall be valid unless signed by a registered practitioner; (2) except with the special sanction of [State] Government no one other than a registered practitioner shall be competent to hold any appointment as physician, surgeon or other medical officer in any hospital, asylum, infirmary, dispensary or lying-in hospital not supported entirely by voluntary contributions or as medical officer of health.

(5) (1) A Medical Council shall be established for Punjab, and shall consist of 2[eleven] members including a president and a vice-president to be appointed in the following manner : - (a) The president nominated by the ‘[State] Government. [(b) 4 [Four] members nominated by the [ State] Government of whom one shall be 5 * * * * a person recommended by the Chief Commissioner, Delhi. * * * * (c) 6* * * * (d) Three members elected by the registered practitioners who are Graduates or Licentiates in Medicine of 7[any University in India]. (e) 8[Two members elected by the registered practitioners who hold a diploma from a 1[State] Government declaring them to be Qualified to perform the duties of a Hospital Assistant or a Sub-Assistant Surgeon. (f) One member elected by all other registered Practitioners. (2) The vice-president shall be elected from among the members of the Council in the prescribed manner.

6 No person shall be eligible to be a member of the Council unless he is a registered practitioner : Provided that in the case of first appointments made under this Act the persons electing the members under clauses 1* * * *(d), (e) and (f) of sub-section (1) of section 5 and the members appointed shall be persons who are qualified to be registered under clauses (a) and (b) of section 13.

7 The members of the Council shall hold office for a of term of three years and shall be eligible for reappointment

8. A member of the Council shall be deemed to have vacated his seat – (1) on sending his resignation in writing to the president or registrar; (2) on his absence without excuse sufficient in the opinion of the Council from three consecutive meetings of the Council; (3) on his absence out of India for six consecutive months; (4) on removal of his name from the register; (5) on his becoming insane or being declared an insolvent by any competent court; (6) on expiry of the term mentioned in section 7.

9. When the seat of any member becomes vacant, the vacancy shall be filled up by election or nomination, as the case may be, in accordance with the provisions of section 5.

10. (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 shall appoint another person as treasurer. Every person so appointed shall be removable at the pleasure of the Council. (2) The Council may also employ such other persons as it may deem necessary for the purposes of this Act. (3) All persons appointed or employed under this section shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

11. It shall be the duty of the registrar to open and maintain, in accordance with the provisions of this Act, a register, to be called the Punjab Medical Register, and from time to time to revise the register and publish it in the prescribed manner. Such a register shall be deemed to be a public documents within the meaning of the Indian Evidence Act, 1872.

12. No business shall be transacted at a meeting of the Council unless at least 1[six] members are present. All questions, other than questions of order, which may come before the Council shall be decided in accordance with the votes of the majority of the members present and voting at the meeting. In the case of an equality of votes the member presiding at the meeting shall have a casting vote. Questions of order shall be decided by the member presiding at the meeting.

13. Every person who - (a) is for the time being registered or qualified to be registered under the British Medical Act, or (b) is possessed of any off the qualifications described in the schedule. may apply to the registrar to be registered and on payment of the prescribed fee and on furnishing to the registrar proof of such registration of qualification shall be entitled to be registered, and thereupon, but subject always to the provisos hereinafter contained, the registrar shall register him in the Punjab Medical Registrar : Provided that any person already registered under any Medical Registration Act in force in any other 1[State] in India shall be exempted from the registration fee leviable under this clause : Provided also, that the 2[State] Government may after consulting the Council permit the registration of (a) any person who shall furnish to the registrar proof that he is possessed of a medical degree, diploma or certificate of any University, medical college or school approved by the Council, other than those described in the schedule, and (b) any person who was actually practising medicine in 3Punjab 4[ * * 5 * * ] or the Delhi 1[State], before the 25th day of September, 1915. Provided further, that the Council may refuse to permit the registration of any person who has been convicted of any such offence as implies in the opinion of the Council a defect of character or who, after an inquiry at which opportunity has been given to the candidate to be heard in person or by pleader, has been held by the Council to have been guilty of infamous conduct in any professional respect : Provided further, that the registrar on receiving an application for entry in the register from any person in respect of whom he considers that the Council may wish to exercise the power of refusal conferred by the last foregoing proviso may refer the application to the Council, and shall not make any entry in the register in respect of such a person, until the Council informs him that the entry is permitted.

14. If any person whose name is entered in the register obtain any title or qualification other than the title or qualification in respect of which he has been registered he shall on payment of the prescribed fee be entitled to have an entry stating such other title or qualification made against his name in the register either in substitution for or in addition to any entry previously made.

15. An appeal shall lie to the Council against any order of the registrar under section 13 or section 14. The said appeal shall be preferred within three months from the date of the order appealed against.

16. (1) The Council may, if it sees fit, and after giving notice to the person concerned and inquiring into his objections, if any, order that any entry in the register which shall be proved to the satisfaction of the Council to have been fraudulently or incorrectly made or brought about, be cancelled or amended. (2) The Council may direct the removal altogether or for a specified period from the register of the name of any registered practitioner who has convicted of any such offence as implies in the opinion of the Council a defect of character or who, after an enquiry at which opportunity has been given to such registered practitioner to be heard in person or by pleader, has been held by the Council to have been guilty of infamous conduct in any professional respect. The Council may also direct that any name so removed shall be restored.

17. (1) The Council may at its discretion hold an inquiry under section 13 or section 16 in camera. (2) For the purpose of any inquiry or of any appeal under section 15, the Council shall be deemed to be a court within the meaning of the Indian Evidence Act, 1872, and shall exercise all the power of a ComMissioner appointed under the Public Servants’ ( Inquiry) Act, 1850; and such inquiries and appeals shall be conducted, as far as may be, in accordance with the provisions of section 5 and sections 8 to 20 of the said Public Servants’ (Inquiries) Act, 1850).

18.An appeal shall lie to the 1[Sate] Government against every decision of the Council under section 13 or section 16. Such appeal shall be preferred within three months from the date of the Council’s decision.

19.No act done in the exercise of any power conferred by this Act on the 1[State] Government or the Council or the registrar shall be questioned in any civil court.

20. It shall be lawful for the 1[State] Government by notification in the 2[Official Gazette] to alter the Schedule.

21.The Council shall have power to request the governing body or authorities of any University, medical college or school, included in or desirous of being included in the schedule – (a) to furnish such reports, returns or other information as the Council may require to enable to judge of the efficiency of the instruction given therein, in medicine and surgery and midwifery; and (b) to provide facilities to enable any member of the Council deputed by the Council in this behalf to be present at the examination held by such University, college or school. If the said body or authorities refuse to comply with any such request the 2[State] Government may upon report by the Council remove such University, college or school from the schedule or refuse to include it in the schedule.

22. If at any time it shall appear to the 1[State} Government that the Council has neglected to exercise or has exceeded or abused any power conferred upon it under this Act or has neglected to perform any duty imposed upon it by this Act, the 1[State] Government may communicate the particulars of such neglect, excess or abuse to the Council; and, if the Council fails to remedy such neglect, excess or abuse within such time as may be fixed by the 1[State] Government in this behalf, the 1[State] Government may, for the purpose of remedying such neglect, excess or abuse, cause any of the powers and duties of the Council to be exercised and performed by such agency and for such period as the 1[State] Government may think fit.

23. Every person who falsely pretends to be a registered practitioner shall, whether any person is actually deceived by such pretence or not be liable to be punished on conviction by a magistrate of the first class with fine that may extend to three hundred rupees.

24. (1) The 1[State] Government may after previous publication make rules for the purpose of carrying out the provisions of this Act. In particular and without prejudice to the generality of the foregoing provision, the 1[State] Government may make rules – (i) for the election of members to the Council under Sections 5 and 6; (ii) for the election of the vice-president of the Council; (iii) to regulate the procedure at an inquiry held under section 13 or section 16; (iv) for the institution, hearing and disposal of appeals under section 15 or section 18; (v) for the compilation and publication of the register; (vi) to fix the amount of fees to be levied under this Act; (vii) for the disposal of fees received under this Act. (2) The Council may, with the previous sanction of the 1[State] Government, make bye-laws - (i) for the convening of meetings of the Council; (ii) for the conduct of business at such meetings; (iii) for the appointment control pay and allowances of the establishment employed under section 10.

1[25. * * * * * * *].