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Short
title and commencement
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1.
(1) This Act may be called the Indian Medical Council (Amendment) Act. 2005.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
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Amendment
of Section 2
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2. In the Indian Medical Council Act, 1956
(hereinafter referred to as the principal Act) in section 2
(i) after clause (f), the following clause shall
be inserted, namely :-
(fa) "member" means the member of the
Council and includes the President and the Vice-President, "
(ii) after clause (g), the following clause shall be inserted, namely :-
(gg) “President” means the President of the
Council
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102
of 1956
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(iii) for clause (l), the following clause shall
be substituted, namely :-
(l) “University" means a University defined under clause
(f) of section 2 of the University Grants Commission Act. 1956, and
includes an institution deemed to be a University under section 3 of that
Act and having a medical faculty;'
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3 of 1956
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(iv) after clause (l), the
following clause shall be substituted, namely :-
(m) “Vice-President” means the Vice-President of the Council
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Amendment
of Section 3
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3. In section 3 of the principal
Act. :-
(a) in sub-section (1),-
(i) for clause (b), the following clause shall be
substituted, namely:-
(b) one member from each State or Union territory, to be elected from
amongst themselves who are the members of the medical faculty of the
Universities in the State or the Union Territory which are awarding
recognized medical qualifications
(ii) for clause (c), the following clause shall be substituted, namely:-
(c) one member from each State in which a State Medical Register is
maintained, to be elected from amongst themselves who are the members of
the State Medical Council.
(iii) clause (d) shall be omitted
(iv) after clause (c), the following clause shall be inserted, namely:-
(f) the Director General of Health Services, ex officio;
(g) the Director General (Armed Forces Medical Services), ex officio:
(h) the Director. All India Institute of Medical Sciences, New Delhi, ex
officio;
(i) the President, National Board of Examination
New Delhi. ex officio.;
(b) for sub-section (2), the following sub-section shall be substituted,
namely:-
(2) The President and the Vice-President of the Council shall be elected by
the members of the Council from amongst themselves:
Provided that no person shall hold office in any capacity whether as the
President or the Vice President for more than two terms.
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Insertion
of new section 3A Reconstitution of Council
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4. After section 3 of the
principal Act, the following section shall be inserted, namely:-
3A. (1) The Central Government shall, as soon as possible, after the
commencement or the Indian Medical Council (Amendment) Act. 2005,
re-constitute the Council, and by notification in the Official Gazette,
publish thee names of the members nominated or elected under subsection (1)
of section 3.
(2) On and from the date or commencement or the Indian Medical Council
(Amendment) Act, 2005, the existing Council shall stand dissolved and al1
the members of the Council shall vacate their office
(3) The Central Government shall appoint a Board of Administrators
consisting of not more than five members headed by a Chief Administrator,
who are otherwise eligible to hold the office of the members of the
Council, which shall exercise the powers and perform the functions of the
Council till the new Council is re-constituted under sub-section (1) or the
expiry of six months, whichever is earlier.
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Amendment
of section 4
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5. In section 4 of the principal
Act, -
(a) for sub-section (1), the following sub-section shall be substituted.
namely:-
(1) An election under clause (b) or clause (c) of sub-section (l) of
section 3 shall be conducted by such authority and in such manner as may be
prescribed by rules made by the Central Government.:-
(b) after sub-section (1), the following sub-section shall be inserted.
namely:-
(1 A) If the authority is unable to conduct its election refereed to in sub
section (1), within a period of three months from the date of occurrence of
the vacancy, it shall record the reasons thereof and the Central
Government, on being satisfied of the reasons shall till such time the
member is elected in accordance with the provision of sub-section (1), fill
the vacancy:-
(a) falling under clause (b) of sub-section (1) of section 3, by nomination
of:-
(i) the Vice-Chancellor in case of a State where
the University of Health Sciences has been established and in the event of
his being ineligible, any eligible member from the medical faculty of that
University in consultation with the State, or
(ii) an eminent member belonging to the medical faculty in case of a State
or Union territory having University with such faculty in consultation with
the State , and
(b) falling under clause (c) of sub-section (1) of section 3, by nomination
of person who is enrolled as a member on the State Medical Register in the
concerned State.
(c) And the member so nominated shall be deemed to have been duly elected
under section 3 and shall hold office till the expiry of the term specified
under sub section (2) of section 7 till such time the member is elected in
accordance with the provisions of sub section (1) of the section whichever
is earlier.
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Amendment
of Section 5 : In section of the principal Act for sub section (1) the
following sub section shall be submitted namely
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(1) No person shall be eligible
for nomination or election under sub-section (1) of section 3 and
sub-sections (1A) and (1B) of section 4 unless he possesses any of the
medical qualifications included in the First and the Second Schedules and
Part II of the Third Schedule, and is permanently enrolled on any State
Medical Register or the Indian Medical Register:
Provided that no person shall be eligible for nomination under clause (a)
of sub-section (1) of section 3 unless he resides in the State concerned
and where a State Medical Register is maintained in that State he is also
enrolled on that Register.
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Amendment
of section 7
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7. In section 7 of the principal
Act. -
(a) for sub-section (2), the following sub-section shall be substituted,
name1y:-
(2) Subject to the provisions of this section, sub-section (1) of section
7A or section 7B, a member, other than an ex-officio member, whether
nominated or elected, shall hold office for a term of five years from the
date of issue of the notification appointing him as a member of the Council
by the Central Government:
Provided that no member shall continue to hold office beyond three months
after the expiry of his term of five years, unless re-nominated or
re-elected;
(b) After sub-section (3), the following sub-section shall be inserted,
namely :-
(3A). A member nominated under sub-section (1A) or sub-section (1B) of
section 4 shall be deemed to have vacated his seat from the date of issue
of the notification by the Central Government appointing his duly elected
successor in accordance with the provisions of sub -section (1) of that
section.
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Insertion
of new sections after section 7
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8. After section 7 of the principal Act, the following sections shall be
inserted, namely:-
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Removal
of President, Vice-President or member of Council
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7A (1) The Council may recommend
to the Central Government for removal of the President, the Vice President
or any member on the grounds of misconduct or incapacity by a resolution
passed by a majority of the total membership of the Council excluding the
vacancies and a two-thirds majority of the members present and voting after
having given a reasonable opportunity of being heard, and the Central
Government may, after being satisfied of the grounds on which such removal
is recommended, remove the President, the Vice-President or the member from
the Council by notification in the Official Gazette,
(2) When the President is removed by an order under sub-section (I). during
the period of such removal the powers and duties conferred and imposed on
the President under this Act shall be exercised and performed by the Vice-President:
Provided that the President shall be elected in the manner provided under
this Act within the period of three months from the date on which the order
of his removal was issued under sub-section (I).
(3) Where the Vice-President is removed by an order under sub-section (1),
during the period of such removal the Powers and duties conferred and
imposed upon the Vice-President by or under the Act be exercised and
performed by such person as the Central Government may think fit from
amongst the members of the Council
Provided that the Vice-President shall be elected in the manner provided
under this Act within the period of three months from the date on which the
order of his removal was issued under sub-section (1)
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Withdrawal
or removal of nominated members of Council
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7B. Notwithstanding anything
contained in section 7, if the Central Government considers it to be
expedient in the public interest or on the recommendation of the State Government
concerned that a member nominated to the Council under clause (a) or clause
(c) of sub-section (1) of section 3 should withdraw from the Council, the
Central Government may give such direction and if the member refuses to
comply with the direction so given, it may, by order, remove such member
from the Council
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Amendment
of section 10
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9: In section 10 of the principal
Act, for sub-section (I), the following sub-section shall be substituted, namely
(1) The Executive Committee, hereinafter referred to as the Committee,
shall consist of the President and the Vice-President who shall be members
ex officio other ex officio members under clauses (f), (g), (h) and (i) of sub-section (1) of section 3 and nine other
members who shall be elected by the Council from amongst its members.
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Insertion
of new sections after section 30
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10. After section 30 of the principal Act, the following sections shall be
inserted, namely:-
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Directions
by Central Government
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30A (1) In the discharge of its functions under this Act. the Council shall be guided by such directions as may be
given to it in the public interest, by the Central Government.
(2) If any dispute arises between the Central Government and the Council as
to whether a question relates to public interest or not, the decision of
the Central Government thereon shall be final
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Powers
of Central Government to dissolve executive Committee or to remove from
office President or Vice President.
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30B (1) If the Central Government
is of the opinion that the Executive Committee of the Council or the
President or the Vice-President is unable to perform or has made
persistently defaults-
(a) in the performance of the duties imposed on it or him by or under this
Act or has exceeded or abused its or his powers; or
(b) either willfully or without sufficient cause in complying with any
direction issued by the Central Government under section 30A, the Central
Government may, by notification in the Official Gazette, dissolve the
Executive Committee or remove from office the President or the
Vice-President, as the case may be, for such period not exceeding six
months or till the new Committee is constituted or a new President or Vice
President is elected, as the case may be, whichever is earlier:
Provided that before issue of such notification, the Central Government
shall give a reasonable time to the Executive Committee or to the President
or the Vice President to show cause why it or he should not be dissolved or
removed from office, as the case may be, and shall consider the
explanations and objections, if any, of the Executive Committee or the
President or the Vice-President.
(2) Upon the publication of a notification under sub section (1) dissolving
the Executive Committee, or .removing from office the President or tile
Vice-President,-
(a) all the members of tile Executive Committee, or the President or the
Vice-President shall notwithstanding that their term of office had not
expired as from the date of dissolution or removal from office, as the case
may be, vacate their offices as such members or the President or the
Vice-President,
(b) all powers and duties which may, by or under the provisions of this
Act, be exercised or performed by or on behalf of the Executive Committee
or the President or the Vice-President shall, during the period of
dissolution or removal from office, as the case may be, be exercised and
performed by such person or persons as the Central Government may think fit
from amongst the members of the Council:
Provided that the term of office of the person so appointed under this
sub-section shal1 not exceed a period of six months or till the time a new
Executive Committee is constituted or a new President or Vice President is
elected under sub-section (2) of section 3, as the case may be, whichever
is earlier,
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Amendment
of section 32
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11. In section 32 of the principal
Act, -
(a) in sub-section (1), the brackets and figure (1) shall be omitted;
(b) sub-section (2) shall be omitted.
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Insertion
of new section 33A and 33B
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12. After section 33 of the principal Act, the following sections shall be
inserted, namely :-
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Powers
of Central Government to directions for making or amending regulations
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33A (1) Where the Central Government considers it expedient so to do, it
may, by order in writing, direct the Council to make any regulation or to
amend or revoke any regulation already made within such period as it may
specify in the behalf.
(2) If the Council fails or neglects to comply with such order within the
specified period, the Central Government may itself make the regulations or
amend or revoke the regulations made by the Council
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Laying of rules, regulations and
notifications.
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33B Every
rule, regulation and notification made under this Act shall be laid, as
soon as may be after it is made, before each House of Parliament., while it
is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the sessions or the successive
sessions aforesaid, both Houses agree in making any modification in the
rule, regulation or notification or both Houses agree that the rule,
regulation or notification should not be made, the rule, regulation or
notification shall, thereafter have effect only in such modified form or be
of no effect as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that rule, regulation or notification'
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