=:- - homautho-
(a) to furnish such repurts,. returns·_- or :other ~~i information as the Cotincil may.require'·~~1eor to enable it to judge the standard of the included tn examinations held by .such body and' oftheScbcdule.
the efficiency. . of the -instruction given in the Medical Colleges and Schools· or institutions where · candidates for the examination by such body are traineQ. ; o.r ' - (b) to provide facilities for enab:i,ing- . any member of · the Council -depµted - by· the Council in this behalf. to be present at the. examinations to be" held by such examining body. · - .
(2) The Council shall have power to ~nspect any Medical Gollege or School or institu ..
tioil where candidates for examination - by ·such examining body are trained· and may for this purpose appoint.a special'· comrru"ttee of not more than three ..
members of the Council to inspect qny such Medical College.. or SQhool or institution and- submit a report in regard thereto to the Council.
384 . Tm 0RJSSA MEPICi}.L REGISTRATION ACT, 1961 [Or. Act 18 Powers of council to direct removal of names from ttgi!ter, and rHIJ.try of namu therein.
Effector removal of namcifrom e1htcir.
( Secs. 27-29 ) 21~ The. Council may direct-
(a) that the . name of any registered practitioner- ·
(i) who has been sentenced .hY any court for · any non-bailable offence, $uch sentence not having· been subsequently · reversed or quashed; or
(ii) whom the Council after ~ue enqu_iry · cQnducted as provided in clause (b) - of sectiOn 20, have found guilty by a majority .of two-thirds _of the members ·present and votitLg at the meeting, of an infamous conduct in his profession ;
be removed from the . register of registered practitioners or that the ~ practitioner be warned ; and · ·
(b) that any name so removed be afterwards ·re-entered in the register :
Provided · that the· disqualification under sub clause (i) of· clause (a) may be removed by the State Govern~ent. . by· an order made in that be~alf.
· 28 • . (1) A registered practitioner whose name has been removed from the register under clause (a)· of seetion 27 shall forthwith surrender his certificate of registration to -the Registrar and the name so· removed shall be pu~lished in the Gazette_.
(2) If. the name of a registered practitioner ·removed under clause (a) of section· 27 is afterwards re-entered in the registeF as provided in caluse (b) thereof, t}J.e fact of such re-entry shall be published in the Gazette and. the certificate o'f registration shall be returned to the registered praetitio:ier by who~ it was surrendered. · · · . .
Romovalof 29 An · h · hi h- · d t rauduleot • y entry m t e register w c · 1s prove a nd f11correct the satisfa~tion of the CouncH to have been frau ..
ntr1es. d l l .. • I d b d - u ent y or mcorrect y ma e, may e remove or corrected under an order in writing of the Council.
of 1961] ~ O~ISSA MEDICAL RE~ISTRATION ACT~ l961 ( Secs. 30-34 ) .385 . 36. If any. person is aggrieved by any decisfon. of Awe.al 10 ·the Registrar refusing to enter the name or any ;ti0 1uf!e!J title or qualification or such person in the regis.ter, :r0Reg':tr1~~ he may,. at any time within· three months from the date of intimation of the same, appeal to the .Council .
whose decision shall be final. ·
31. (1) An appeal .shall-lie to the· State Govern- Appeal to ment from every decision of . the Council · under !:?~~ta,:nt section 20 or section 27. from deci sion of .
(2). E I d . b · ) C.0U)leil. . very appe~ · urr er su -sect10.p. CI shall ·be _preferred within three months from the date· of ·such decision.
32. (J) Every Registrar of Births atid Deaths Notice or who receives noti~ of the death of any person whose !"!~v:1°~r name he knows to have been entered iri the register, name f~9in shall forthwith transmit by post to the Regi~trar a tho rtaiMor.
certificate of such death, signed by him and stating · particulars of the time and place of death.
· (2) -On receipt of such certificate or any other reliable information regarding .such death, the Registrar shall re.move the name of the . deceased person from the register.
33. If any person whose name· is not entered inPcnalty.on.
.!h~ registe~, is f9und .to ·practise !11-edfoine or uses~:;::~~~ m connection w1tP, his name or title any w9r-ds or prescoti11-a letters. repr~senting tb.at hi~ nam.e is so en~~red he~!~~~~ shall, whet.lier any person ·JS actually deceived . by · such representation or not, be punishable, on conviction by a M~gistrate of the First Class, with fine which· may extend to three hundred rupees.· - ·34. (/) If any registered practitioner whose ·name Pe~altr ror . .has been removed from the register under cla~se (a) ~~~d~ of seetion · 27 fails without sufficient cause to sur- cortificatc of· ~ender his certificate of registration he shall be registration.
purushable with fine which may extend to fjfty rupees.
(2) Cognizance of an offence. Jmnishable unP,er this section shall not be taken except upon. co·mplaint made by an order of· the Council_. '· 386 THE 0RISSA MEDICAL REGISTRATION AcT, J 951 [Or. Act 18 ( Secs. 35~7 ) -Construction . 35. The expressions "legaJly qualified medical g! J,..~~ces practitioner'' or ','du!Y _quali~ed m~~ical practitioners" Medical and all other express10ns lmportmg· a person recog;.
Prac!itiooers. idsed ·by law as a Medical Practitioner or- a member of the Medical Profession as used in any Act which is in force in the State of Orissa shall be deemed. to mean a .M\.Jical · Practitioner registered under this Act ; and no certificate i·equired to be given by any Medi~1 Rractitioner or Medical Officer under ahy Act which is in force in the State of Orissa, .
shall be valid unless such. practitioner or officer is registered under this · Act.
unregistered 36. (1-) Except with. the special sanction of the persons not State Government no person other than -a registered -~~~d - . practitioner shall be oompetent to ho1d any. appoiiit appointment. ment as a Professo.r of Medical College -.or School, ,• .or as MedicaJ Officer" of Health, or as a physician, surgeon, or other Medical Officer in any hospital, Asylum, infirmary, dispensary or lying-in-hospital which is supported partially or entirely by public oi; local funds, or .which is under the supervision of the State Government.
(2) Any appointment· made in contravention of sub-section (1) shall be void an~ illegal. · Publication 37. {J) The Re~strar shall, after the expiry of aDd ~ ti! every period of thr.ee years on or before a date to be -Meet t. fixed in this · behalf by the · Council. cause to be printed and published a c·orrect list of the names for t~e time being entered · in the register setting forth
(a) all names entered in the register, arranged in alphabetical order, according to the surnames ;
(b) the registered address or appointment 01 each person whose name is entered in the register _ ; and
(c) the registered titles and qualifications of ',; each. such person represented · by the ab]?reviations thereof and the year in which each such title was granted or each such qualification was obtained.
of 1961] Tm OrussA MEDICAL REGISTRATION ACT~ 1961 ( Secs. 38~40 ) .
(4) The Registrar shall, on the expiry of every year, other than the. year in \vhlch a list is printed and published under sub-section (1) on or before a date to be . fixed in. this behaJf by the Council, ca use .
to be printed and published a list supplementary the~ejo, containing additions and alterations in -the register, since the publication of the Jist under subsection (J). ·
(3) It' shall be presumed -that any person whose name is entered in ihe latest list printed and published under sub-section (/) read with the latest list supple mentary thereto, if any. pr~nted· and published under Sub-section (2) is duJy registered under this Act, and.
that any person whose name is not so entered is not registered ·under this Act:
· Provided that, in the case of any person whose name does not appear in the lists aforesaid, a certi fied copy .;igned by ·the -Registrar, of the entry· of the name of ~uch person in the register of Registered Practitioner shall be sufficient evidence that such person is registered under thls Act.
' 387