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Section 31: Power to make rules

The Himachal Pradesh Medical Council Act, 2003State Act of Himachal Pradesh · Act 21 of 2003

(1) The Government may, by notification in the Official Gazette, and after previous publication, make rules for carrying out the purposes of this Act.

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(2) In particular, and without prejudice to the generality of the forgoing powers, such rules may provide for all or any of the following matters, namely:-

(a) the time and place at which and the manner in which the election of the members and of the President and the Vice-President shall be held under sub-section (5) of section 3 of this Act;

(b) the manner in which the meeting of the Council shall be convened, held and conducted under sub-section (1) of section 8 of this Act;

(c) the powers, duties and functions of the Council, the conditions subject to which they shall be exercised and performed; and regulation of professional conduct of practitioners by a code of ethics in accordance with section 10 of this Act;

(d) number of elected members who shall be elected by the Council from amongst its members for constituting the Executive Committee of the Council; and the term of office of, and the manner of filling casual vacancies among, and the procedure to be followed by the members of the Executive Committee and also the powers and duties and functions of the Council, as may be delegated by the Council to be exercised, performed and discharged by the Executive Committee, under the provisions of section 11 of this Act;

(e) allowances payable to the President, the Vice-President and other members of the Council, and to the members of its Executive Committee under section 12 of this Act;

(f) the salary and allowances and other conditions of service of the Registrar, manner of maintenance of the account of the Council by the Registrar, supervisory powers of the Registrar over the staff and the duties and functions, as may be specified in this Act, which may be performed and discharged by the Registrar;

(g) the conditions of service of the officers and staff of the Council;

(h) preparation and maintenance of register of medical practitioners, the form of such register, particulars including the name, address and qualifications etc. of the registered practitioners to be entered in the register, prescription of the form of application and of notice to be published in the Official Gazette and news papers to have names registered, prescription of fees to be paid for such entry and the manner of payment and prescription of form for sending individual notices prescription of the form of certificate which shall be given to registered Practitioners under section 15 of this Act;

(i) prescribing the form of application for provisional registration, fee payable for such registration and prescribing form of certificate of provisional registration under section 18 of this Act;

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(j) prescription of fee for recording change of name in the register, prescription of the fee payable for entering additional qualification in the register and prescription of fee payable for issue of duplicate certificate of registration under section 19 of this Act;

(k) the form of the list of registered medical practitioners and manner of the publication of the list under section 20 of this Act;

(l) manner of taking disciplinary action etc, against registered practitioners by the Council or by the Executive Committee, conditions for re-entering the name of a practitioner in the register and fee to be charged in this behalf; and the remuneration to be paid to an assessor, under section 22 of this Act;

(m) form of notice and form of application for renewal of registration by registered medical practitioners, proof of having attended approved Medical Education Programme and fee payable for re-entry of name which is removed from the register due to nonrenewal under section 23 of this Act;

(n) the manner in which appeals against the decision of the Registrar shall be heard by the Council under section 24 of this Act;

(o) officers who are empowered to make a complaint under sub-section (2) of section 29 of this Act; and

(p) any other matters which is to be, or may be, prescribed under this Act.

(3) All rules made under this Act shall be laid before the Legislative Assembly, as soon as may be, after they are made.

Where this provision sits

ActThe Himachal Pradesh Medical Council Act, 2003
Section31
Marginal notePower to make rules
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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