(i)After having prepared the register of all medical practitioners in accordancewith Rule24, 25 & 26, theRegistrar shall cause to beprinted and published in the Official Gazette and in such news papers the council may select, the first correct list of all persons for the time being entered in the register.
(ii) After every five years from the first publication of the list of practitioners according to clause (i) above, the Registrar shall cause two General Notices in Form-4 to be published, at an interval ofnot less than 30 days, in theOfficial Gazette and in such newspapers the council may select and on such dates as the Registrar may with approval from the President of the Council decide, calling upon all Registered practitioners to apply to the Registrar in Form-3 along with a fee ofRs. 1000/- or a revised feewithin a specific period, for continuation of their name in the Register.
Register of stock of furniture and Office properties.
Register of stock of Cheque Books.
Register of leave and pension contribution.
Register of permanent advance.
Annual Account.
6 TheArunachal Pradesh Extraordinary Gazette, February 12, 2007
(iii) The Registrar shall, after the publication of the first notice under clause (ii) above, send an Individual Notice in Form-5 by registered post enclosing therewith the prescribed form of the application to the registered Practitioners at their addresses as entered in the register, calling upon them to return the application to the Registrar for continuation of their names on the Register within forty five days of the date of the notice. If any of the practitioners fails to return such application within the time specitied, the Registrar shall issue a further notice to such registered practitioner by registered post after the publication of the second notice under clause (ii) above.
(iv) If the application is not received by theRegistrar on or before the date fixed by the further notice sent by registered post under clause (iii) above, theRegistrar shall remove the name ofthe defaulter from the Register and shall inform him of such removal by registered post.
(v) The Registrar shall publish such names which have been removed from the Register, in the Official Gazette and a copy thereof shall be displayed on theNotice board of the office of the StateCouncil for a period of90 days from the date of such removal.
(vi) The Registrar shall send by registered post an intimation ofremoval of the name from the Register to each of the registered practitioners whose names have been removed. On such removal of his/her name from theRegister, theCertificateofRegistration of thepractitioner shall be deemed to have been cancelled.
(2) Addendum & corrigendum : The Registrar shall cause to be printed and published annually on or before a date to be decided by the Council an addendum and a corrigendum to the list published under sub-rule 29 (I) showing : ( a) the names of all persons for the time being entered or re-entered in the register, and not included in any subsisting list already printed and published;
(b) the names of all practitioners included in any subsisting list whose names have since been removed on account of any reason whatsoever form, and not re-entered in, the register; and
(c) any other amendments to the subsisting list.
(3) Additional qualification : Persons registered with the Council are entitled to apply for entering additional qualifications acquired by them as specified in the Schedule to Indian Medical Council Act, 1956, in Form - along with payment of the fees prescribed by the Council. The period of validity of the certificate shall remain as in the original certificate with amention of date incorporating the additional qualification (s).
(4) Alteration of name of Registered Practitioner: (I) Alteration ofnameofaRegistered Practitioner may be made in the Register ifthe application in the prescribed form is accompanied by:
(i) anotification in the official Gazette relating to the alteration ofname, or
(ii) an affidavit regarding such alteration of name affirmed and authenticated before a Judicial Magistrate of first class or Metropolitan Magistrate, in original, and.
(iii) a fee of Rs.500 (Rupees five hundred only) or a revised fee by a crossed Bank Draft from a nationalised bank in favourof theArunachal Pradesh Medical Council, payable at Naharlagun.
(2) The Registrar shall return the original documents when no longer required.
(3) When the name of any registered practitioner is to be altered in the above circumstances, the original Certificate of Registration in Form-2 shall stand amended, and after scrutiny of the application and theaccompanied documents if satisfied the Registrar shall issuea newRegistration Certificate in the altered name in lieu of the original certificate of registration. The period of validity of the certificate shall remain as theoriginal certificatewith amention of thedate on which the name of the Registered Practitioner was altered in the Register.
(5) Change of address of Registered Practitioner:
It shall be the duty of every Registered Practitioner who changes his/her address or residence or place of practice to intimate the State Council within 90 days of such change.
(6) Restoration ofregistration:
(i) TheRegistrar may consider an appeal for restoration of registration of aperson whose name has been strnck offthe register for any valid reason whatsoever and after examining the appeal in the prescribed manner in Form-7, if satisfied, may re-enter thenameofthe practitioner in the register on payment of the prescribed fees,
(ii) Every appeal shall be accompanied by a fee ofRs.1000 or a revised fee by a Bank draft from a nationalised bank in favour ofArunachal Pradesh Medical Council, payable at Naharlagun.
(iii) In such situation where theRegistrar is unable to make aclear decision as to whether thename that has been struck offthe register is fit to be re-entered in the register, the Council will consider the case and direct the Registrar the appropriate course of action.
(7) Death of Registered Practitioner:- In the event of death of practitioner, on receiving an authentic copy of the death certificate issued by the Registrar of Birth & Death, the Registrar shall remove the name of the deceased from the Register.
TheArunachal Pradesh Extraordinary Gazette, February 12, 2007 7
(8) Loss of certificate of registration :- Where it is shown to the satisfaction of the Registrar that a certificate ofregistration has been lost or destroyed, corroborated by a copy ofFIRwith the Police in this behalf, theRegistrarmay thereafter, on payment ofprescribed fee and on furnishing an indemnity bond issue a duplicate certificate after due confirmation from theCouncil.
30. Provisional registration:
() Any person who desires to be registered provisionally under section 25 of the Indian Medical Council Act, 1956 ( I 02 of 1956), shall make anapplication in theprescribed Form-8 to theRegistrar and shall pay the prescribed fee.
(ii) Every person whosename is entered in the register under clause (i) above shall begiven acertificate ofprovisional registration in the prescribed Form-9 and for thepurpose specified therein and for no other purpose. Such certificate shall remain in force for such period asmay be specified therein.
(iii) Thenames of thepersons provisionally registered under clause (i) and (ii) above shall be entered in aseparate listmaintained in such form as itprescribed inAppenciix-B for thepurpose and they shall not be included in the StateMedical Council Register.
Part-VIII DISCIPLINARY ACTION AND INQUIRY
31. False assumption of RegisteredMedical PractitionerorPractitioner: Any person who falsely assumes that he /she is a registered medical practitioner or practitioner as defined in clause (j) of Rule 3 of the Rule and practices the modern scientific system ofmedicine within the state ofArunachal Pradesh, shall be punishable with rigorous imprisonment which may extend up to three years or with a fine which may extend up to Rs. 25,000 (Rupees twenty five thousand) or with both.
32. Falsely claiming to be registered as Medical Practitioner: Ifany person whosename is not for the time being entered in the register, falsely represents that it is so entered, or uses in connection with his/her name or title any words or letters reasonably calculated to suggest that his/her name is so entered, he/she shall, on conviction, be punishablewith fine which may extend to Rs.5000/- (Rupees five thousand) or imprisonment up to 1 (one) month or with both.
33. Court competent to try offenceand takecognizance of offence:
(i) No court other than the court of Judicial Magistrate I class shall take cognizance of, or try an offence, under theAct and Rule.
(ii) No Court shall take cognizance ofany offence under this Rule except on acomplaint in writing by anofficer in this behalf
34. Disciplinary action including removal of names from the register:
(I) If a registered practitioner has been, after due inquiry held by theCouncil in the prescribedmanner, found guilty of any misconduct by the Council, the Council may-
(a) issue a letter of warning to such practitioner; or
(b) direct the name of the practitioner-
(i) to be removed from the register for such period as may be specified in the aforesaid direction ; or
(ii) to be removed from the register permanently.
2) Deemed guilty of misconduct:-Aregistered practitioner shall be deemed to be guilty ofmisconduct if
(a) he/she is convicted by a criminal court for an offence which involves moral turpitude and which is cognizablewithin themeaning of theCode ofCriminal Procedure, 1973 (2 of 1974), or
(b) in theopinion of theCouncil his conduct is infamous in relation to themedical profession particularly under the Code of Ethics prescribed by the Medical Council of India constituted under the Indian Medical CouncilAct, 1956 (102 of 1956)in this behalf
(3) Enforcing Power of theCouncil:- In holding any inquiry under this rule, theCouncil shall have the same powers as are vested in Civil Courts under theCode ofCivil Procedure, 1908 (5 of 1908) when trying a suit in respect of the following matters, namely :
(a) enforcing the attendance of any person, and examining him on oath;
(b) compelling the production of documents;
(4) All the inquiries under this rule shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and228 ofthe IndianPenal Code (45 of 1860).
(S) Assessor :
(a) For the purpose ofadvising the Council on any question oflaw arising in a inquiry under this Rule, there may in all such inquiries be an assessor, who has been for not less than seven years
(i) an advocate enrolled under the Advocate Act, 1961 and including any period during which he was enrolled as anAdvocate under the Indian Bar Council Act, 1926; or
(ii) an officer with adegree in law and having experience in handling legal matters in any govt.
or semi govt. organisation.
(b) Any assessor under this Rule may be appointed either generally, or to any particular inquiry, and shall be paid the prescribed remuneration.
8 TheArunachal Pradesh Extraordinary Gazette, February 12, 2007
35. Inquiries:
(1) Receipt of complaints: TheCouncil may inquire into complaint against medical practitioner either suo motu or on the basis of any complaint made to the Council in respect ofmisconduct or negligence of any medical practitioner for the purposes of the Act. The proceeding shall be conducted by the Registrar in the presence of at least two other members of theCouncil or Committee/ Sub-Committee constituted in this behalf.
The complain shall contain the following particulars:
(a) the name, description and address of the complainant;
(b) the name, description and address of the opposite party or parties; as the casemay be;
as far as can be ascertained ;
(c) the facts relating to the complaint, when the cause of action arose and what are the grounds or causes of the complaint ;
(d) documents in support of the complaint if any;
(e) the reliefwhich the complainant claims;
No complaints shall be entertained unless it is in writing and signed by the person making it. All anonymous and frivolous complaints shall be rejected.
(2) Procedure on receipt of complaint: TheCouncil shall on receipt ofa complaint
(a) refer acopy of the complaint to the opposite partymentioned in the complaint directing him /her to give his/her version of the case within a period of fifteen days on receipt of the copy of the complaint.
(b) where the opposite party denies or disputes the allegations contained in the complaints, or omits or fails to represent his /her case within the timegiven by the Council, the Council shall proceed to adjudicate the complaint.
(c) TheCouncil shall fix a date for hearing and intimate the date to the complainant and the opposite party. On the date of hearing it shall be obligatory on both the parties to appear before the Council. Where the complainant fails to appear before the Council on the day of hearing, the Council may in its discretion either dismiss the complaint for default or decide it on merits. Where the oppositeparty fails to appear on the date ofhearing, the council may decide the complaint ex parte.
36. Migration /Transfer:
Requests for migration to another Medical Council shall be considered by the Council and after the approval by theCouncil, "No objection" Certificate shall be issued by the Registrar on receipt ofapplication along with fee as prescribed.
37. Certificate ofgood standing:
Certificate ofgood standing shall be issued by the Registrar to registered practitioner on receipt ofan application along with fees as prescribed provided that no enquiry is pending against the applicant. This Certificate shall be valid for the period as specified in the certificate.
38. Fees:
(l) Fees shall be levied by the Council as shown below : SI. No.
Amount
(i) Registration. Rs. 1000/(ii) Renewal of Registration. Rs. 1000/(iii) Provisional Registration. Rs. 500/(iv) Issue of duplicate certificate of registration. Rs. 500/(v) Entry ofeach additional qualification. Rs. 500/(vi) For restoration of registration. Rs. 1000/(vii) Late fee for non- registration.
(a) upto a period of one year from the Rs. 500/- date from which registration was due
(b) upto a period ofmore than one year Rs. 1000/ but up to five years
(c) for period more than five years Rs. 5000/(viii) Late fee for non-renewal of registration.
(a) upto fourmonths from the date from Nil which registration is due for renewal
(b) for a period ofmore than fourmonths Rs. 1000/ but up to one year.
(c) for period more than one year Rs. 1500/-(ix) Certificate of good standing. Rs. 500/-(x) No objection certificate. Rs. 500/(6i) For change of name in the Register Rs. 500/ all fees are non-refundable
(2) The above fee structuremay be revised from time to time.
PART-IX MISCELLANEOUS, CERTIFICATES AND FEES TheArunachal Pradesh ExtraordinaryGazette, February 12, 2007 9
PART-X ELECTIONS
39. Returning officer : Any officer appointed as such by the Govt ofArunachal Pradesh shall be the Returning Officer for election of theCouncil.
40. TheElectoral Roll:
(a) Electorate : All persons whose names are enrolled onArunachal Pradesh StateMedical Council Register on the date ofnotification of theelection, shall be entitled to vote at the election ofCouncil Members under sub- section (I) (a) of section 4 of theAct.
(b) Controversies of eligibility : Ifany question arises as to whether aperson is or not entitled to vote in the election or to stand for the election, the question shall be referred to the Returning Officer whose decision shall be final.
41. Election Procedures:
(a) Notification of election : TheReturning Officer shall appoint and shall notify in the official Gazette and in such manner as he/ she thinks fit, the date, time and place for all the stages of election.
(b) Eligibility and nomination form : Any person qualified to stand for the election under section 4 of theAct may be nominated as a candidate for election and such nomination shall be made by means of a nomination paper in Form-IO, which shall be supplied by the Returning Officer to any elector who may apply for the same.
(c) Nomination fee: Each candidate wishing to stand for the election under Section 4 of theAct shall pay to the Registrar a fee ofRs. l 000 by crossed bank draft from a nationalised bank in favourof "Arunachal Pradesh Medical Council", payable at Naharlagun. The said fee shall not be refunded. This feemay be revised by the Council from timeto time.
(d) Nomination ofCandidate: Each candidate nameshall beproposed by any two members oftheElectorate, one as the proposer and the other as the seconder who shall duly complete and sign the prescribed nomination form. The nominated candidate himself/ herself shall also subscribe in the nomination form which shall indicate his/her consent to the nomination.
(e) Receipt of nomination paper: On receipt of each nomination paper the Returning Officer shall forthwith endorse thereupon the date and hour of the receipt. A nomination paper which is received after the date and time appointed in that behalf shall be rejected.
(f) Scrutiny of nomination papers : On the date and time appointed for scrutiny of nomination papers, each candidate and his /her proposer and the seconder may attend the proceedings at the appointed time and place.
(g) Objections : The Returning Officer shall examine the nomination papers and decide on any question and objections ifthere are any. If any nomination is rejected the reason for doing so shall be stated in writing by the Returning Officer.
(h) Withdrawal of candidature : Candidatemay withdraw his/her candidature by notice in writing delivered to the Returning Officer within seven days after the completion of scrutiny of the nomination papers, or within a timeperiod fixed by theReturning Officer.
(i) Polling :
(i) Number of vacancies exceeding number of candidates: Ifthenumber of contesting candidates does not exceed the number ofvacancics to be filled in, the Returning Officer shall forthwith declare such candidates as duly elected to fill such vacancies without any polling. When the number ofCandidates is less than number ofmembers to be elected theReturning Officer shall commence procedures for the remaining vacancies to be filled.
(ii) Number of candidates exceeding numberof vacancies: when thenumberofcandidates exceeds the number ofmembers to be elected, the Returning Officer shall conduct the election within the stipulated time.
(iii) Sending of ballot papers: TheReturning Officer shall send by registered post to each elector a letter of intimation (in Form-II), together with numbered declaration paper ( in Form-12), a voting paper (ballot in Form -13) containing the names of the candidates in alphabetical order and two paper covers selfaddressed to theReturning Officer, one for the ballot paper and another for outer envelope.
(iv) Obtaining forfresh ballot: An elector who has not received the ballot and the connected papers sent to him by post may make his/her own arrangement to obtain fresh papers from the Returning Officer not later than seven days before the date of the appointed date for the poll.
(v) No election shall be invalid by reason of the non-receipt of voting papers by the electors.
(vi) Each elector shall have as many votes as there aremembers to be elected, but shall give only one vote to any one candidate.
(vii) Receipt of electors votes : Every elector shall send his/her vote by post at his/her own cost to the Returning Officer or deliver it in person in theofficeof theReturning Officer so as to reach himnot later than 2:00 PM on the date fixed for the poll. All votes received after that day and hourshall be rejected.
10 TheArunachal Pradesh Extraordinary Gazette, February 12, 2007 0) Custody of ballot papers: The ballot boxes shall bekept in a safe custody of theReturning Officer and shall not be opened till counting of votes begins.
(k) Scrutiny and Counting: Thescrutiny and counting ofvotes shall be undertaken by theReturning Officer at the time, day and place appointed. A candidate and not more than one representative, duly authorized by him/her, may remain present at the timeofcounting votes. TheReturning Officer can reject a ballot if it is not properly filled or completed. All the ballot papers other than those received late and rejected shall be mixed together and then scrutinized and the valid votes counted.
(I) Declaration of election results : After counting ofvotes is completed, theReturning Officer shall forthwith declare the result ofelection. I fthere is anequal number of votes in favourof two or more candidates for one vacancy the election shall be determined by the Returning Officer by draw of lots in presence of the candidates or their representatives.
(m) Documents of election : Upon completion of the counting and result having been declared, the Returning Officer shall seal up the voting papers and all other documents related to the election and shall retain the same for aperiod of six months and thereafter, on obtaining permission from the StateGovernment thesame can be destroyed.
(n) Constitution of new Council: TheReturning Officer shall communicate theresult oftheelection to the State Government who shall take steps to constitute the new Council as under sub-section (1) (a), (b) & (c) of section 4 of theAct and publish the same in the Official Gazette.
42. Election of President:
(i) The Registrar or any officer appointed as such by the Govt of Arunachal Pradesh shall be the Returning Officer.
(ii) The President shall be elected by themembers present at the time of election from among themselves.
(iii) Thedate, time and place of theelection shall be intimated to each of the members by theReturning Officer at least seven days before the date of the meeting.
(iv) Any member present shall be entitled to propose a name of any other member present, for election as the President. The proposal shall be required to be seconded by another member other than the proposer of the one whose name is proposed. A member shall be entitled to propose or second only one name.
(v) Any candidate may withdraw his/her candidature before the actual election.
(vi) If the name of only one candidate is duly proposed and seconded, the Returning Officer shall forthwith declare in Form '14' such candidate duly elected.
(vii) If the number of candidates duly proposed and seconded exceeds one, an election shall be held by secret ballot.
(viii) Before the commencement ofthe election, theReturning Officer shall invite themembers to inspect the ballot box, in case they may like to do so and he/she shall then lock the box.
(ix) At the time ofactual election, themembers present in themeeting shall one by one, sign against their names in the list containing the names ofall themembers in alphabetical order and placed along thesideofthe ballot box.
(x) After amember has signed his/her name in the said list, he shall be given a ballot paper in Form '15' which he/she shall drop into the ballot box after affixing thereupon a cross 'X' mark against the name of the candidate of his/her choice.
(xi) As soon as all the members present and wishing to exercise the right to vote have done so, the Returning Officer shall, in the present of the candidates who may be present in person, open the ballot box and take out from it all the ballot papers, examine and reject as invalid any ballot paper-
(a) if it does not bear the signature of the Returning Oflker; or
(b) if themember signs his nameor write word or make any mark on it by which it becomes recognisable as his/her ballot paper ; or
(c) if no vote is recorded there on ; or
(d) if the vote has been given in favour ofmore than one candidate ; or
(e) if there arises any other reason/s to give rise to uncertainty of the vote exercised.
(xii) The Returning Officer shall then proceed to arrange the valid votes according to the candidates in whose favour they have been cast and count separately for each candidate.
(xiii) After the counting is over, theReturning Officer shall makean announcement in themeeting about the votes secured by each of the candidates and declare the candidate securing the largest number of valid votes as duly elected to be the President.
(xiv) In the event of two or more candidates securing the same number of votes and that number being more than the number of votes secured by any other candidate, lots will be drawn among the candidates securing the highest same votes and the candidate on whom the lot falls shall be declared elected.
(xv) The Returning Officer shall intimate the name ofthe person so elected as President to the StateGovernment.
TheArunachal Pradesh ExtraordinaryGazette, February 12, 2007 II
43. Election ofVice-President: For the electionofthe Vice- President, the provisions ofRule 42 shall apply as if for the expression "President" occurring therein, the expression "Vice President" is substituted.
Part-XI MISCE LLANEOUS