REGISTERED No. D. 221 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 25] NEW DELHI, WEDNESDAY, JUNE 17, 1964/ JYAISTHA 27, 1886 Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW (Legislative Department) New Delhi, the 17th June, 1964/Jyaistha 27, 1886 (Saka) The following Acts of Parliament received the assent of the President on the 16th June, 1964, and are hereby published for general information: — THE INDIAN MEDICAL COUNCIL (AMENDMENT) ACT, 1964 No. 24 or 1964 [16th June, 1964] An Act further 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 (Amendment) Act, 1964. Short title 102 of 1956. 2. In section 1 Of the Indian Medical Council Act, 1956 (hereinafter referred to as the principal Act), in sub-section (2), the words "except the State of Jammu and Kashmir" shall be omitted. Amendment of section 1. 3, In section 2 of the principal Act, clause (c) shall be omitted. Amendment of section 2.
4. In sub-section (2) of section 12 of the principal Act, the words "State or", in both the places where they occur, shall be omitted. Amendment of section 12.
5. In sub-section (3) of section 13 of the principal Act, the woras "or State", in both the places where they occur, shall be omitted. Amendment of section 13.
(263) 209 G of I Ex.—1. 264 THE GAZETTE OF INDIA EXTRAORDINARY [PART II Amendment of •ection 11
6. In sub-section (1) of section 14 of the principal Act,—
(a) the words "State or" shall be omitted;
(b) for the proviso, the following proviso shall be substituted, namely: — "Provided that medical practice by persons possessing such qualifications—
(a) shall be permitted only if such persons are enrolled 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 teaching, research or charitable work; and
(c) shall be limited to the period specified In this behalf by the Central Government by general or special order.". Amend, ment of section IB.
7. Section 15 of the principal Act shall be re-numbered as subsection (1) thereof and after sub-section (1) as so re-numbered, 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 surgeon or any other office (by whatever designation called) In Government or In any Institution maintained by a local or other authority;
(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 anv law to be signed or authenticated by a duly qualified medical practitioner;
(d) shall be entitled to give evidence at any Inquest or in any court of law as an expert under section 45 of the Indian Evidence Act, 1872 on any matter relating to mediclna.
(3) Any person who acts in contravention of any provision of sub-section (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.". lot 1872.
8. For sub-section (1) and (2) of section 17 of the principal Act, the following sub-sections shall be substituted, namely: — "(I) 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- Amendment of lection 17. SEC. 1] tfiE &A2ETTE1 OF lNt>IA EXTRAORDINARY ±6$ 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.
(2) The medical inspectors shall not interfere with the conduct of any training 01 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 sufficiency of every examination which they attend.".
9. In section 18 of the principal Act,—
(a) for sub-section (1), the following sub-section shall be substituted, namely: — "(1) The Council may appoint such number of visitors as it may deem requisite to inspect any medical institution, college, hospital or other institution where medical education is given or to attend any examination held by any University or medical institution for the purpose of granting recognised medical qualifications.";
(b) in sub-section (2), for the word "examination", in both the places where It occurs, the words "inspection or examination" shall be substituted;
(c) for sub-section (3), the following sub-section shall be substituted, namely: — " (3) The visitors shall not interfere with the conduct of any training or examination, but shall report to the President of the Council 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 sufficiency of every examination which they attend". Amendment of section 18.
10. In section 19 of the principal Act,—
(a) for sub-section (1), the following sub-section shall be 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 Amendment of section 19. 266 THE GAZETTE OF INDIA EXTRAORDINARY [PART II provided 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, 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 end, namely: — "or that the said medical qualification if granted to students of a specified college or institution affiliated to any University shall be a recognised 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 institution affiliated to any University only when granted after a specified date.". Insertion of new section 19A Minimum standards of medical education.
11. After section 19 of the principal Act, the following section shall be inserted, namely: — "10A. (1) The Council may prescribe the minimum standards of medical education required for granting recognised medical qualifications (other than post-graduate medical qualifications) by Universities or medical institutions in India.
(2) Copies of the draft regulations and of all subsequent amendments thereof shall be furnished by the Council to all Ptate Governments and the Council shall, before submitting the regulations or any amendment thereof, as the case may be, to the Central Government for sanction, take into consideration the comments of any State Government received within three months from the furnishing of the copies as aforesaid.
(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.". Insertion of new section
20A. Professional conduct.
12. After section 20 of the principal Act, the following section shall be inserted, namely: — "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-section (1) may specify which violations thereof shall constitute infamous conduct in any professional respect, that is to say, professional misconduct, and such provision shall have effect notwithstaTV*- ing anything contained in any law for the time being in force.". SEC. 1J THE GAZETTE OF INDIA EXTRAORDINARY 267
13. In section 22 of the principal Act, for the word "three", the word "six" sihall be substituted. Amendment of section 22.
14. In section 24 of the principal Act, in sub-section (2), for the words "on any ground other than that he is not possessed of the requisite medical qualifications", the words "on the ground of professional misconduct or any other ground except that he is not possessed of the requisite medical qualifications" shall be substituted. Amendment of section 24.
15. For section 25 of the principal Act, the following section shall be substituted, namely; — Substitution of new section for section 28. "25. (1) A citizen of India possessing a medical qualification granted by a medical institution outside India included in Part II of the Third Schedule, who is required to undergo practical training as prescribed under sub-section (3) of section 13, shall, on production of proper evidence that he has been selected for such practical training in an approved institution, be entitled to be registered provisionally in a State Medical Register and shall be 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 University or medical institution in India for the grant of a recognised medical qualification shall be entitled to be registered 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 for such employment.
(3) The names of all persons provisionally registered under sub-section (1) or sub-section (2) in a State Medical Register shall be entered therein separately from the names of other persons registered therein.
(4) A person registered provisionally as aforesaid who has completed practical training referred to in sub-section (I) or who has been engaged for the prescribed period in employment in a resident medical capacity in any approved institution or in the Medical Service of the Armed Forces of the Union, as the case may be, shall be entitled to registration in the State Medical Register under section 15.". Provisional registration. 268 THE GAZETTE OF INDIA EXTRAORDINARY [PART It Amendment of section 33.
16. In section 33 of the principal Act,—
(i) in clause (i), the word "and" occurring at the end shall be omitted;
(ii) clause (j) shall be re-lettered as clause (n); and (Hi) before clause (n), as so re-lettered, the following clauses shall be inserted, namely: — "(j) 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 medical institutions for grant of recognised medical qualifications; (7c) the standards of staff, equipment, accommodation, training and other facilities for medical education; (I) the conduct of professional examinations, qualifications of examiners and the conditions of admission to such examinations;
(m) the standards of professional conduct and etiquette and code of ethics to be observed by medical practitioners; and". Amendment of Second Schedule.
17. In the Second Schedule to the principal Act, for the existing entries relating to United Kingdom, the following shall be substituted, namely : — Com. try I Title 2 Nature of qualification as 1 stated in diplomas 3 Abbreviation 4 "UNITED KINGDOM University of Blrmirgham University of Bristol University of Cambridge M.B.jCh.B., M.D., Ch.M M.B,,Ch.B., M.D., Ch.M. M.B., E.Chir. M D M.Chlr. Bachelor of Medicine and Bachelor of Surgery Doctor of Medicine Master of Surgery Do. , Do. U. BIrm, U. Bri»t. U. Cflmb. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 269 Country 1 University of Durham . University of Leeds . University of Liverpool University of London University of Manchester . University of Oxford University of S heffleld University of Wales . University of Aberdeen University of Edinburgh . University of Glasgow University of St. Andrews . Title 2 M.B.,B.S., M.D., M.S. M.B.Xh.B., M.D., Ch.M. M.B.,Ch.B., M.D., Ch. M., M.Ch. Orth. M.B.,B.S., M.D., M.S. M.B., Ch.B., M.D., Ch.M. M.B.,B.Ch., D.M., M.Ch. M.B.3Ch.B., M.D., Ch.M. M.B., B.Ch., M.D., M.Ch. M.B.jCh.B., M.D., Ch.M. M.B., Ch.B.., M.D., Ch. Mr M.B.,Ch.B., M.D., Ch.M. M.B., Ch.B., MJD., Ch.M. Queen's University of Belfast M.B., B.Ch., M.Do M. Ch., M.A.O. University of Dublin M.B.5B.Ch., L.Mcd., L.Ch.3 M.D., M. Ch., M.A.O. Nature of qualification as stated in diplomas 3 Bachelor of Medicine and Bachelor of Surgery Doctor of Medicine Master of Surgery Do. Do. Do. Do. Master of Orthopaedic S urgery Bachelor of Medicine and Bachelor of Surgery Doctor of Medicine Master of Surgery Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Master of Obstetrics Bachelor in Medicine and Bachelor in Surgery Licentiate in Medicine Licertiatein Surgery Doctor in Medicine Master in Surgery Master in Obstetric Science Abbreviation 4 U. Durh. U. Leeds. U.LT00J. U. Lond. U. Mane. U. Oxford. U. Sheff. U. Wales. U. Abe rd. U.Edin. U. GUsg. U.St.Ar,d. Q.U. Belf. U. Dubl. 270 THE GAZETTE OF INDIA EXTRAORDINARY [PART II Country I Title 2 National University of Ireland M.B., B.Ch., M.D., M.Ch., M.A.O. Royal College of Physicians of London. Royal College of Surgeons of England. Society of Apothecaries of London. Royal College of Physicians ofEdinburgh. Royal College of Surgeons ofEdinburgh. Royal College of Physicians and Surgeons of Glasgow. Royal College of Physicians of Ireland Koyal College of Surgeons in Iceland. Apothecaries' Hall of Dublin L.R.C.P. M.R.C.P. F.R.C.P. M.R.C.S. F.R.C.S. L.M.S-S.A. L.S.A. L.R.C.P. M.R.C.P. F.R.C.P. L.R.C.S. F.R.C.S. L.R.C.P.S. M.R.C.P. F.R.C.P. F.R.C.S. F.R.CP.S. L.R.C.P. L.M. M.R.C.P. F.R.G.P. L.R.CS. L.M. F.R.C.S. L.A.H. Nature of qualification as stated in diplomas 3 Bachelor of Medicine and Bachelor of Surgery Doctor of Medicine Master of Surgery Master of Obstetrics Licentiate Member Fellow Member Fellow Licentiaie in Medicine and Surgery. Licentiate Licentiate Member Fellow L-centiate Fellow Licentiate Member Follow Fellow Fellow Licentiate Licentiate in Midwifery Member Fellow Licentiate Licentiate in Midwifery Fellow Licentiate Abbreviation 4 N.U.Irel. R.C.P.Lond R.C.S. Eng. S.A. Lond. R.C.P. Edln. R.C.S. Edln R.C.P.S. Glasg, R.C.P.Irel, R.C.S. Irel. A.H. Dubl.". THE COIR INDUSTRY (AMENDMENT) ACT, 1964 No. 25 OF 1964 [16th June, 1964] An Act further to amend the Coir Industry Act, 1953 BE it enacted by Parliament in the Fifteenth Year of the Republic of India as follows : — Short We,
1. This Act may be called the Coir Industry (Amendment) Act, 1964, Sac. 1] THE GAZETTE OP INDIA EXTRAORDINARY 271 45 of 1963. 2, For the long title to the Coir Industry Act, 1953 (hereinafter referred to aa the principal Act), the following long title shall be substituted, namely: — "An Act to provide for the establishment of a Board for the development of the Coir Industry and for that purpose to levy a customs duty on coir fibre, coir yarn and coir products exported from India and for matters connected therewith.". 3- In section 10 of the principal Act, in sub-section (2), after :lause (/), the following clause shall be inserted, namely: — "(if) setting up or assisting in the setting up of factories for the production ot coir products with the aid of power;". Amendment of section
10. 4- After section 14 of the principal Act, the following section shall be inserted, namely: — Insertion of new section 14 A. "14A, The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Board by way of grants, such sums of money as the Central Government may consider necessary.". Grants by the Central Government to the Board.
5. In section 15 of the principal Act, in sub-section (7), after clause (b), the following clause shall be inserted, namely: — "(c) any sum of money that may be paid by way of grants under section 14A.". Amendment of section 15.
6. For section 17 of the principal Act, the following section shall be substituted, namely: — Substitution of new seclion for i-ection 17. "17- (I) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the profit and loss account and the balance-sheet in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The ©ccounts ni the Board shall be audited by the Comptroller and Auditor-General of India at such intervals as may be prescribed by him and any expenditure incurred in connection with such audit shall be payable by the Board to the Comptroller and Auditor-General. Ac-ountg and audit. 272 THE GAZETTE OF INDIA EXTRAOKDINABY [PART II~&OC. 1]
(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Board shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General has In connection with the audit of Government accounts, and in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Board.
(4) The accounts of the Board as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament". Amendment of section 26.
7. In section 26 of the principal Act, for sub-section (3), the following sub-section shall be substituted, namely:— " (3) Every rule made by the Central Government under this section shall be laid as soon as may be after it is made, before each Houae 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 in which it is so laid or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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.". S. P. SEN-VARMA, Special Secy, to the Govt, of India. PhlNTED IN INDlA BY THE QENKBAL MANAGER, GOVERNMENT OF INDIA PHM58, NEW DELHI AND PUBLISHED BY THE MANAQER OF PUBLICATIONS, DELHI, 1964