 '5 apr 19611ttfv(t)   " \ j "'i+\h+' e) "" ,:~,: \  !! mo to of 19y  the indian medical council (amendment) bill, 1964 billfurther to amend the indian medical council act, 1956 be it enacted by parliament in the fifteenth year of the republic of india as follows:-1 this act may be called the indian medical council (amend- short title ment) act, 1964 5 2 in seetrion 1 of the indian medical council act, 1956 (hereinafter amendreferred to as the principal act), in sub-section (2), the words ment of "except the state of jammu and kashmir" shall be omitted section 1 3 in section 2 of the principal act, clause (c) shall be omitted amendment of ection 2 4 in ~ub-section (2) of section 12 of the principal act, the words amend-10 "state or", in both the places where they occur, shall be omitted mentof section 12 5 in sub-section (3) of section 13 of the principal act, the words amend-"or state", in both the places where they occur, shall be omitted me~t of section 13 6 tn sub-section (l) of section 14 of the principal act,-amendmentof ijection 1 • (a) the words "state or" shall be omitted; (b) for the proviso, the following proviso shall be substi-! tuted, name!lly:_ "provided that medical practice by persons possessina such qualifications-(a) shall be permitted only if such perso~ are en-5 rolled as medical practitioners in accordance with the law regulating the registration of medical practitioners for the time being in force in that country; (b) shall be limited to the institution to which they are attached for the time being for the purposes of 10 teaching, research or charitable work; and (c) shall be limited to the period specified in this behalf by the central government by eeneral or special order" amend-7 section 15 of the principal act shall be re-numbered 81\ sub- is ment of section (1) thereof and after sub-section (1) as so re-numbered, section 15 the following sub-sections shall be inserted, namely:-• (2) save as provided in section 25, no person other than a medical practitioner enrolled on a state medical register,-(a) shall hold office as physician or sturgeon or any other 20 office (by whatever designation called) in government or in any institution maintained by a local or other authgrity; (b) shall practise medicine in any state; (c) shall be entitled to sign or authenticate a medical or fitness certificate or any other certificate required by any 2s law to be signed or authenticated by a duly qualified medicaj pnetitiode!'; (d) shall be entitled to give evidence at any inquest or in any court of law as an expert under section 4s of the indian evidence act, 1872 on any matter relating to medicine 30 1 of 1871 (3) any person who acts in contravention of any provision of subsectiou (2) shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both" amend-8 for sub-sections (1) and (2) of section 17 of the principal act, 35 ment of the following sub-sections shall be substituted, namely:-lection 17 "(1) the committee shall appoint such number of medical inspectors as it may deem requisite to inspect any medical institution, college, hospital or other institution where medical educa- thb indian medical council (amendmmit) bill, 1964(to be/as introduced in lok sabba) 1 page 3, line 39,-after "by" insert "," 2 page 6, lines 25 and 26,-after "substitut-ed" int?ert "," 3 page 6, line 27,-m "otmtry" j:w "country" 4 page 8, line 35, in column 3,-for "liceniate" £iwl "licentiate" 5 page 9, line 1 from bottam,-!lekore "the lok sabbalt insert "to" 6 page 10, lines 5 and 6,-m "prac-tioners" nwl "practitioners" 7 page 11, line 6 from bottam,-fur "clause" ~ "clauses" 8 page 16, line 2 from bottom,-~ "no" ~ "not tl 9 correct line numbers on page 4 ~w dblhi;-april 27, 1964·· vaisakha 7, 1886(saka) tion is given, or to attend any examination held by any university or medical institution for the purpose of recommending to the central government recognition of medical qualifications granted by that university or medical institution s (2) the medical inspectors shall not intprfere with the conduct of any training or examination, but shall report to the committee on the adequacy of the standards of medical education including staff, equipment, accommodation, training and other facilities prescribed for giving medical education or on the sum-10 ciency of every examination which they attend" 9 in section 18 of the principal act,-amendment of shall be section 18 (a) for sub-section (1), the following sub-section substituted, namely:-ii (1) the council may appoint such number of visitors as it may deem requisite to inspect anv medical institution, college, hospital or other instituuon where medical education is given or to attend any examination held by any university or medical institution for the purpose of granting recognised medic;al qualifications"; zo (b) in sub-section (2), for the word "examination", in both the places where it occurs, the words "inspection or examination" shall be substftuted; (e) for sub-section (3), the fol1owlng sub-section shall be substituted, namely:-"(3) the visitors shall not interfere with the conduct of any traintnll or examination, but shall report to the president of the council on the adequacy of the standards of medical education includinll staff, equipment, accommodation, training and other facilities prescribed for giving medical education or on the suft!clency of every examination which they attend" 10 in section 19 of the principal act,-amendmentor sub-section shall be section 19 (a) for sub-section (1), the following substituted, namely:- (1) when upon report by the committee or the visitor, it appears to the council-(a) that the courses of study and examination to be undergone in, or the proficiency required from candidates at any examination held by any university or medical institution, or (b) that the staff, equipment, accommodation, training and other facilities for instruction and training provide(f in such university or medical institution or in any college or other institution affiliated to that university, do not conform to the standards prescribed by the council, 5 the council shall! make a representation to that effect to the central government"; (b) in sub-section (4), the following words shall be inserted at the and, namely:-"or that the said medical qualification if granted to 10 students of a specified college or institution affiliated to 'any university shall be recogni!::;ed medical qualification only when granted before a specified date or, as the case may be, that the said medical qualification shall be a recognised medical qualification in relation to a specified college or institu- j s tion aftlliated to any university only when granted after a specified date" 11 after section 19 of the principal act, the fohowing section shall be inserted, namely:-20 insertion of new section ida minimum standards for medical education i/lta (1) the council may prescribe the minimum standards of medical education required for ~ranting recognised medical qualtflcations (other than post-graduate medical qualifications) by universitieg/ or med;cal institutions in india (2) copies of the draft regulations and of all subsequent 2 amendments thereof shall be furnished by the council to all 5 state governments and the council ~hal1, before submitti'1[! the regulations or any ammdment thereof, as the case may -be, to the central government for sanction take into <!onsideration the comments of any state government recl"ived within three months from the furnishing of th~ copies 8'> aforesaid 30 (3) the committee shall from time to time report to the council on the efficacy of the regulations and may recommend to the council such amendments thereof as it may think fit" u after section 20 of the principal act, the following section shall be inserted, namely:-35 lasertion of new section 20a profes-810nal eooduct "20a (1) the council may prescribe standards of professional conduct and etiquette and a code of ethics for medical practitioners (2) regulations made by the council under sub-osection (1) may specify wh~h yiol~tt()n, thereof shall ~onstit\lte inf8fl'\oq5 40 conduct in any professional respect, that is to say, professional rrusconduct, and such provision shall have effect notwithstanding anything containoo in any law for the time being in foree" 13 in section 22 of the principal act, for the word iithree", the amend-5 woird "six" shall be substituted ment of section 22 14 in section 24 of the principal act, in sulb-sectian (2), for the amendwords lion any ground other than that he is not possessed of the reme~t of quisite medical qualifications", the words i'on the ground of profes- section 24 siooal misconduct or any other ground except that he is not posses-10 sed of the requisite medical qualifications" shan be substituted 15 for section 25 of the principal act, the following section shall substitube suibstituted, namely: _ tion of new section for section 25 provisional registration 15 20 "25 (1) a citizen of india possessing a medical qualification granted by a medical institution outside india included in part ii of the third scthedule, who is required to undergo pr8ictical training as prescribed under sub-section (3) of ~tion 13, shall, on production of proper evidence that he has been selected for such practical training in an approved iiulotitution, be entitled to be registered provisionally in a state medical register and shall ibe entitled to practise medicine in the approved institution for the purposes of such training and for no other purpose (2) a person who has passed the qualifying examination of any universi,ty or medical institution in india for the grant of a recognised medical qualification shall he entitled to be register-'5 ed provisionally in a state medical register for the purpose of enabling him to be engaged in employment in a resident medical capacity in any approved institution, or in the medical service of the armed forces of the union, and for no other purpose, on production of proper evidence that he has been selected 30 for such employment (3) the names of all persons provisionally registered under sub-section (1) or sub-seetion (2) in a state medical regirler shall be entered therein separa,tely from the names of other persons registered therein 3s (4) a person registered provic;ionally as aforesaid who hu completed practical training referred to in sub-section (1) or who has been engaged, for the prescribed period in employment in a resident medical capacity in any approved fnstitution or in the medical service of the armed forces of the union, as the case may be, shall be entihed to registration in the state medlcal register under section 15" 16 in section 33 of the principal act,-5 amendment of section 33 (i) in clause (i), the word "and" occurring at the end shall be omitted; (ii) clause (j) shall be r&-lettered as clause (n); and (iii) before clause (n), as so re-lettered, the following clauses shall be inserted, namely:-10 ii (j) the courses add 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 recogtnjsed medical qualifications; is (k) the standards of staff, equipment, accommodation, training atld other: facilities for medical education; (1) the conduct of professional examinations qualifications of examiners and the conditions of admission to such  t' 20 exarmna ions; (m) the standards of professional conduct and etiquett~ and code of ethics to be observed by medical practitioners; and" - 17 in the second schedule to the principal act, for the existing amendment of second schedule entri~ relating to united kingdom, the following shall he substltut- 25 ed n!'lmely:-------- "un try abbreviation ---------------------title nature of qualificatior b~ statrd j" diplomas i 2 4 3 "united kingdom university of ~irmhghbm u bir", mb, ch b, bachelor of mediclne ard' bachelor of surgery md," doctor of medicine chm masterofsurg¢ry university ofbrisml do: u brlst 35 ms, ch b • md • chm title nature of qualification as stated in diplomas abbreviation i 3 mb, b chir, u~verslty of clotnbridge s md, mchir bache'or of mtdkine u cam b and bachelor of sufiery doctor of medicide mater of sufjerj uduril do~ 10 university of durham mb, bs, ~ md, m,s'l u leeds 001 u nivenity of leeds mb,chb-md, chm, ul'pool 1 s u ~versity of liverpoolj do~ do: do master of orthopaedic surgery mb, ch b, md, chm, mchorth ulord mb,bs,~ university of london ~ _ 20 md, m,s bachelor of medicij e & bachelor of sudgery doctor of medicire master of surgery umaj c~ do university of mar chesler mb,chb, md, chm, u oxford do 25 university of oxford mb, bch, dm, mch' j u shttr do mb,chb, md, chm-university of sheflleld 30 u w'a]cs do unlvenity of wales m  b,bch, md, mch u aberd do, university of aberdeen 35  mb,chb •• md, chm u edir· do university of edil burgh mb, chb, md, chm·: country title abbreviation nature of qualification al stated in dip:omal i 3 10 j liv!rlity of dablin mb, acn,-bachelor of medicine ktld 8a-u dub! 5 cnc!ur uf suraery lmed, licentiate in medicine lctl"  licentiate in surgery md, o"ctor in medicine m cn, master in surgery mao master in obstetric scierce nulrel~ n&tional university lretaad mb, bch, bachelor of medicire add bachelor of su~ry doctor of medlcine master of surgery master of obstetrica md, mch mao is rcplond r /11 c )llel~ of p 1ysicians lrcp licentiate ofllndon j macp member frcp fellow rcs ei g 20 rlyal c,)lleg~ of surgeons mr-cp member of england !lrcs fellow salord! society of apothecaries of lmssa licentiate in medici! e london and surgery lsa licentiate rcp edin ~s royal college ofphysicia~s lrcp licertiate of bdinburgh mrcp member frcp fellow rcs edil' royal college of surgeon mrcs member of bdinburgh frcs fellow rcps glasg 30 royal college ofphyaicians lrcps licentiate and surlcons of otablow mrcp member frcp fellow fr-cs fellow frcps fellow rcp ire! 35 royal college of physicians lrcp licentiate of ireland lm liceniatein midwifery mrcp member frup fellow rcs ire! 40 royal college of surgeons " lr-cs licentiate h ireland lm lieentiatein midwifery frcs fellow apothecarks' hall of dublin lah licentiate ahdubl," ----------------- _------_,------_  - statement of objects and reasonsthe indian medical council act, 1956, extends to the whole of india except the state of jammu and kuhmir it is now proposed to extend the act to that st81te also opportunilty has also been taken to remove certain lacunaem the act in order to edaible the medical council of india more effectively to discharge its functions the notes on clauses explain in detail the provisions of the bill new delhi; sushila nayar the 15th april, 1964  president's  recommendation under article 117 of the constitution of india[copy of letter no f32-4/63-mpt, dated the 15th april, 1964 from dr sushila nayar, minister of health to the secretary, lok sabha] the president, having been informed of the subject matter of the proposed bill, recommends under article 117 (3) of the constitution, the lok sabha the consideration of the bill n otts on clause; - clauses 2 to 5 and 6 (a) provide for the extension of the act td the state of jammu and kashmir and for amendments consequential thereto clause 6 (b) will permit registration of foreign medical practionel's only if they are enrolled on the medical registers of their respective countries clause 7 makes registration on a state medical register compulsory before a person can engage in private practice or hold appointmentunder government ar in any institution or sign or authenticate a medical or fitness certificate or appear as an expert to glve evidence at any inquest or in any court of law penalty for infringement of this requirement has been provided clauses 8 and 9 empower inspectors and visitors of the medical council of india to inspect medical institutions as regards staff, equipment and other requirements necessary for maintaining the prescribed standards of medical education il:l addition to inspection of examinations cla:use 10 provides for holding up recognition or withdrawal of recognition of medical qualiftcatidns granted to students of a specified college or institution on its failure to oonform to the standards prescrijbed by the medicbi council of india clause 11 empowers the medical cowlcil of india to prescri'be, with the previous sanction of the central government, the minimum standal ds of medical educatidn required for granting recognized medical qualifications by universities or medical instnutions in india, after consultatidn with the stote governments clause 12 authdrises the medical council of india td prescribe stundards 'of professional conduct and etiquette and a code of ethics for medical practitioners and to specify which violations shall constitute infamous conduct in any professional respect clauae 13 provides for 6 copies, instead of 3, of the state medical register to be supplied to the medical council of india clause 14 is a consequential amendment to the provisions made under clause 12 clause 15 provides for provisional registration for indian citizens, possessing foreign medical qualifications included in part ii of the third schedule, who are required to undergo prescribed practical training  the clause also provides for provisional registration of a person - qualifying in recognized indian medical qualification for the purpose of enabling him to be engaged in a resident medical capacity in any approved institution or in the medicel service of the armed: forces of the u mon clause 16 empowers the medical council of india to make regulations in respect of the subjects mentioned in clause 11, 12 and 15-clause 17 substitutes for the existing entries relating to the united kingdom in the second schedule of the act the names of the medical institutions granting recognized medical qualifications in the same way as the qualifications of other countries included in the schedule  financial memorandumthe indian medical council (amendment) bill, 1964, provides for the extension of the indian -medical council aet, 1956, to the state of jammu iimd kashmir it is expected that three members from this state will be elected or nominated on the medical council of india in ease the government of jammu and kashmir do not agree to meet the expenditure on the travelling and daily ellowance6 of these members, this expenditllre will have to be borne by the medical council of india which body is paid grants-in-aid by the central government to meet its expenses-the additional expenditure on this account is estimeted to be rs 2,250' 00 per annum on the assumption that the medical council of india will meet twice a year the central government will be required to meet the expenditure on the election of members from this state to the council it is estimated that there will be an additional expenditure of iqbout rs 500' 00 every five years  memorandum regarding delegated legislationclause 16 of the bill empowers the medical council of india to make, with the previous sanction of the central government, regulations to carry out the purposes of the aat in respect of the rmtters as specified therein these matters relate to 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 med,ical institutions for grant of recognised medical qut31ifications; ·the standards of staff, equipment, accommodation, training and other facilities for medical education; the conduct of professional examinations, qualifications of examiners; 'md the standards of professional conduct and etiquette and code of ethics to be obgerved by medical praotitioners these are all matters of detail and the delegation of legislative power is of a character normal to such acts, (102 of 1956) - - - - - 1 (1) -                            -                                             -                                                              -                                                                                -                                                                                               - short title, extent and commence-(2) it extends to the whole cyf india except the state of jammu mento and kashmir - - - - - ddnitiona z in this act, unless the context otherwise requires,-- - - - - (e) "india" means the territories to which this act extends; - - - - - 12 (1) - - - - - 1teeognition of medical qualifications (2) the council may enter into negotiations with the authority in any state or country outside india which by the law of such granted by state or country is entrusted with the maintenance of a register of ~edica~ medical practitioners, for the settling of a scheme of reciprocity for ~titubtri°~s the recognition of medical qualifications, and in pursuance of any in coun e! h h h c 1 g b·ft   th with which sue be eme, t e entra overnment may, y noti cation in e there is a official gazette, amend the second schedule so as to include therein scheme of the medical qualification which the council has decided should be reciprocity recognised, and any such notification may also direct that an entry shall be made in the last column of the second schedule against such medical qualification declaring that it shall be a recognised medical qualification only when granted after a specified date  - - - - - 13 (1) - - - - - (3) the medical qualifications granted by medical institutions outside india which are included in part ii of the third schedule shall also be recognised medical qualifications for the purposes ot this act, but no person possessing any such qualification shall be entitled to enrolment on any state medical register unless he ~ " l\eeo,nition ofmedieal qualiftcations ,ranted by certain medical instituticm citizen of india and has undergone such pr-actical training after ob- whoe taining that qualification as may be required by the rules or regu- qualiftcalations in force in the country or state granting the qualification, or tio~ are if he has not undergone any practical training in that country or :\~nt~~d­state, he has undergone such practical training as may be prescribed, first or iii iii - iii - second schedule, 14 (1) the central government after consultation with the special council may, by notification in the official gazette, direct that medi- p_'ovision cal qualifications granted by medical institutions in any state or in certain country outside india in respect of which a -scheme of reciprocity for cues t~t~ th 't' f edi l'fi t'"  f 1·'1 b reco,ru ion e recogru ion 0 m cal qua i ca lolls is not moree, suell e re- ot medical cognised medical qualifications for the purposes of this act or shall qualiftc9-be so only when granted after a specified date: tiona granted by provided that medical practice by the doctors possessing such medical qualifications shall be limited to the institution to which they are institution attached for the time being for purposes of teachipg, research or incount~iel charitable work and shall be limited to the period specified in this ~~~e~sh~~h behalf by the central government by general or special order scheme of - - - - - reciprocity  15 subject to the other provisions contained in this act, the me- right of dical qualifications included in the schedules shall be sufficient qua- persons lification for enrolment on any state medical register possessing qualifiea-- - iii - - tions in the schedules to be enrolled 17 (1) the committee shall appoint such number of medical inspection inspectors as it may deem requisite to attend at any or all of the of examiexaminations held by universities or medical institutions in india for nations the purpose of recommending to the central government recognition of medical qualifications (2) inspectors appointed under this section shall not interfere with the conduct of any examination but they shall report to the committee on the sufficiency of every examination which they attend and on any other matters in regard to which the committee may require them to report - - - - - 18 (1) the council may appoint such number of visitors as it visitors may deem requisite to attend at any or all of the examinations held at exami· nation  b)" universities or medical inatitutions jn india for the purpose 01 granting recognised medical qualiftoatioos(2) aljy person, whether he is a member of the council or not, may be appointed as a visitor under this section but a person who is appointed as an inspector under section 17 for any examination shall not be appointed as a visitor for the same examination (3) visitors appointed under this section shall not interfere with the conduct of any examination but they shall report to the president of the couneil on the sufficiency of every examination which they att-end and on any other matters in regard to which the council may require them to report  - -   withdrllwal of recognition 19 (1) when upon report by the conunittee or by a visitor appointed under section 18 it appears tq the council that the courses of study and examination to be undergone in any university or medical institution in india in order to obtain a recognised medical qualification or that the standards of proficiency required from candidates at any examination held for the purpose of granting such qualification are not such as to secure to persons holding slkh qualification the knowledge and skill requisite for the efficient practice of medicine, the council shall make a representation to that effect to the central government   -   (4) the central government, after making such further inquiry, if any, as it may think fit, may, by notification in the official gazette, direct that an entry shall be made in the appropriate schedule against the said medical qualification declaring that it shall be a recognised medical qualification only when granted before a specified date  - -  - - supply of copies of the state medical registerl 22 each state medical council shall supply to the council three printed copies of the state medical register as soon as may be after the commencement of this act and ·subsequently after the first day of april of each year, and each registrar of a state medical council shall inform the council without delay of all additions to and other amendments in the state medical register made from time to time  24 (1)  -   - • - - • (2) where the name of any person bas been removed from a state medical register on any ground other than that he is no possessed of the requisite medical qualifications or where any application made removal of names from the indian medical regilter by the said person for restoration of his name to the state medical register' has been rejected, he may appeal in the prescribed manner and subject to such condition& inclu~ conditions as to the payment of a fee as may be laid 'down in rilles made by the central government in this behalf, to the central government, whose decilion, which shall be given after consulting the council, shall be binding on the state government and on the authorities concerned with the preparation of the state medical register 21 if the courses of study to be undergone for obtaining a re- provisional cognised medical qualification include a period of training after a registration person has passed the qualifying examination and before such qua- for ctl~cal    liftcatlon is conferred on him, any such person shall, on application prac ice made by him in this behalf, be granted provisional registration in a state medical register by the state medical council concerned in order to enable him to practise medicine in an approved institution for the period aforesaid - - - - - 33 the council may, with the prev10us sanction of the central power to government, make regulations generally to carry out the purposes make reguof this act, apd,witheutp1'ejudice to the ,8nerality ol:this pgwtj\·~tion • such regtilations may provide for~ - - - - - (i) the appointment, powers, duties and procedure of medical inspectors and visitors; and - (;) any matter for which under this act provision may be made by regulations - - - -  the second schedule (see section 12) racoonlsbd mbdical quallpications orantbd by mbdical institutions outsidb indiaquaiificatiodi -----------------------------------------united kidldodl  reliltrable qualification, admittii1l i?rimarily to the medical register ranted by licenslnj bodies in the 'fijl~ kidjdom, as shown in table 'e' let out in '~e medical reilter prirted and publi,hed from i bill turtber cd amend the indian medical council act, ·1956 (dr sushi/a nayat', mintner of hetilth) 