1[(a) one member to be elected by each of the Academic Councils of the Utkal University, the Berhampur University and the Sambal pur University from amongst t4e members of their respective Faculty of Medicine;]
(b) one member to be elected from amongst themselves by such members of the staff of each of the Medical Colleges- of the State as are-registered practitioners ;
(c) three members to be elected- by the registered practitioners from amongst themselves :
Provided that at least two of such members shall be persons not in the serrvice of any Government;
(r!) (our members to be nominated by the Stati!
· Governmenst.
I. Substi1u1ed by t!:e O[fa:m Medical &.:gist-ration (Amendment) Act, 19~2 ( O:. <'I ·.·t 8 of 197-~J. ). 2.
of 1961} THE 0RISSA MFDICAL REGISTRATION ACT, 1961 { Secs. 5-7 )
(2) If a person is elected as a member under more than one of the clauses of sub-section (1), he shall within such period as may be prescribed by rules made in this behalf, inform the Registrar under which of the clauses he, desires to be treated .as elected and thereupon he shall be deemed to have been elected under-that clause and the seat to which he was elected under any other clause sh11l be deemed to be vacant.
Until he so informs. the Registrar he shall not be entitled to act as a member, and in the event of his failure to inform the Registrar within the prescri~d period every seat. to which he was elected shall be deemed to be vacant.
(3) In making nomination under clause (d) of sub-section (I) the State Government shall have due regard to the claims of women, medical missions· and other groups. of practitioners, representatives of which have not been elected by the electorates referred to in clauses (a) to (c) of the said sub-section.
375
5. No person shall be eligible to be a m~mber of unregistered the Council unless he is registered under this Act. ziracl titbioncr no to e 11- membcr.
6. A person shall be disqualified for being elected J?isqual~ca- . d b f h c ·1 'f h t!OUS iOr or nommate as a mem er o t e ounc1 , 1 e- being eleet"d or nominated
(a) has been sentenced by any court for any non~ as a member.
bailable offence, such sentence not having been subsequently reversed or qiiashed
(b) is an undischar~ed insolvent ; or
(c) is not a cithen 0f lndia either residing or -carrying on his profession or employed in the State o: Orissa :
Provided tint the disquaLification under clause (a) may be removed by the State Govern~ ment by an order made in that belialf.
7. (/) The term of office of a member elected Term or or nominated under sub-section (I) of section 4 ~~:0~~ or nominated under section 8 sha11 commence from the d~tc o'f publication of his name under section 9 and shall subject to the provisions of sections 10 and 11 extend to a periou of three years from such 376 THE 0RISSA-MED1CAL REGISTRATION ACT, 1961 [Or. Act 1 (Secs. 8·10) date, and shall include any further period which may elapse between the expiration of the said period of three _ years and the date of the first meeting of the newly constituted Council at which a quorum -is present. ·
(2) Any member shall, if not disqualified for any of the reasons mentioned in section 6, -be eligible - for re·election or re-nomination at the end -of his term .of office.
t"omiilation 8.. If any of tl,te electora'te bodies referred to _ 1~ =Jrr!rin clauses (a), (b) and (c) of s-u~-section (1) of section _. . azecqqa, 4 f a.ils by such date as may be prescribed by rules · - -made in that behalf to elect a member, the State Government shall nominate a meinber in his place and any· -·person so nominated shall be deemed to r~ -a member as if he had been duly elected by such body.
PqblJcation 9. The name of every member elected or nomi ~t n=·or nated under sub·section (/) of section· 4 or section mcm · 8 'shall be published in the Gazette.
cesaauciii of 10. A member of the Council shall be deemed piomb,rs)Up. to have vacated his seat-
(i) on sending his resignation in writing to the President or the Registrar ; or
(ii) on his absence without excuse, suffi cient in the opinion of the Council, from three consecutive meetings of the Council~; or
(iii) on his absence out of India for six con• secutive months ; or
(iv) on his _becoming disqualified for elOO"' tiou or nomination as a member for any of the reasons mentioned in sec.
tions 5 and 6 ; or 1f(v) in case he was elected under clause (a} or (h) of sub-section (/) of section 4, on his ceasing to uc: a member of the Faculty of Medicine of the University or to be a member of the Medical Col lege, as the case may be, which he represents.]
1. Substituted by tho Orissa McdicaJ Registration (Amendment) Ad, 1!172 (Or. Act 8 or 1972), a. 3.
of 1961] THE ORISSA .M°JIDICAL REGISTRATION ACT, 1961 31'1 (Secs. 11-13)
11. (1) If any .mem?er d_ies, or ceases t? be ~a~~~-~~~~ a member as provided m section 10, the President prot:ee~io&s shall forthwith report the fact of the vacancy to the and fiJl_mg or vacancies.
State Government and the vacancy shall be filled1 as soon as possible, by a fresh election or nomina tion, as the case may be, under sub-sectio.n (!) of_ sectiqn 4. · {2) The person so elected or nominated shail hold office for the unexpir"ed remainder of the term for which such member would other\.v:ise have ·continued ·in offiee. · {3} No act or proceeding of the Council· or of its members shall be deemed to be invalid by reason only of any vacancy in the membership.
12. The Council may permit any member to Leave of .
absent ·himself· from any meeting of the Council ~c~c~rs~' for any period . not . exceeding six: months. ·
13. (J) The members of the Council shall,, l'r~dcnt at their first meeting after the publication referred ~~ice to in section 9, elect from amongst themselves a 1 cot.
President and a Vice-President in such manner as may be prescribed by rules made in that behalf'.
(2) The aforesaid meeting shall be convened and conducted in such manner as may be pres cribed by rules made in that behalf {3) The President. and the Vice-President may resign their office by addressing a letter of resigna tion to the Council and the President respectively, which shall be placed before· the Council at its next meeting and such resignation shall take effect from the date on which it is accepted by the Council.
(4) The President or the Vice-President shall be deemed to have vacated his office if be ceases to be a member of the Council.
(5) As often as the office of the President· or the Vice-President becomes vacant by reason of death, resignation '·' or otherwise, the Council shall elect another member to be the President or Vice-Pre sident, as the ca&e may be, in such manner as may be prescribed by rules made in that behalf.
37R THF ORJSSA MEDICAL REGISTRATION AcT, 1961 l Or. Act l~ (Secs. 14-16) (6} The President and the Vice-President shall perform such functions as may be prescribed by ·rules made in that behalf. ' Executive 14. ( /) There shall be an Executive Committee Committee. of the Council .which shall perform such functions.
i.s may be delegated to it by the Council. - Parmect of rees and lrlVCIJiDg expenses 10 members.
_(2) ·The Executive Committee shall consist of the President and the Vice-President ·and·three other ~embers to be . elected by the Council.
($) The President and the Vice-President of the Council shall be the President and the Vice Presi~ent respectively of the Executive Committee.
(4') The term of office of an elected member of the Executive Committee shall be one year from the date of ·his election· but subject to his being a member of the Council he shall be eligible for re election to the Executive Committee.
(5) No business shall be transacted at any meeting of the Executive Committee unless at least three members are present.
(6) The Council may make regulations for the conduct of busii;tess of the Executive Committee.
15. There shall be paid to the members of the Council such fees for attendance at meetings of the Council or of any special Committee or Executive Committee thereof and such reasonable travelling expenses for such attendances and for such journeys undertaken in the discharge of their duties under this Act, as may from time to time be allowed by the Council q.nd approved by the State Government. . , Meetings 16. (1) The Council shall make regulatfons to regulate--.-
(a) the time and place at which their meetings ~ishall be held ;
(b) the jssue of notices meetings ;
convening - such of 1961] THE 0RISSA MEPICAL REGISTRATION Acr l%1 (Sec. 17)
(c) the conduct of business thereat ; and
(d) the' appointment, powers, duties and conduct of business of Special Com4 mittees :
Provided that.-
(i) no business shall be transacted at any meeting of the Council unless at least five members are present ; and
(ii) save as provided in sections 20 and 27 all questions arising, at any meeting of the Council shall be decided by the votes of the majority of the ipembers poosent a.nd voting and in case of an equality of votes by the casting vote of the member presiding at the meeting.
(2) Until such time as the regulations referred tQ .in sub-section (J.) have come .into operation, it shall be lawful for the President to summon a meeting at such time and place as to him shall seem expedient, by letter addressed to each member.
379
17. (1) With the previous sanction of the State Ro~trar aad Government the Council - :ri!~~~-
(a)· shall appoint a Registrar ;
(b) shall pay to the Registrar and to ~he person, if any, appointed to act in his place, such salary and such allowances as the Council ruay determine ; and
(c) may appoint such other employees a.S they may consider necessary for carrying out the purposes of this ~ct, and shall pay them such salary aud such allowance as they may determine.
(2) The Re&strar ·'shall act as Secretary to the Council and,. shall have the right to speak in and otherwise tak;~ part in the proceedings of the Council or any Committee thereof but shall not have the right to vote.
the Cauncil.
380 THE 0RISSA MroICAL REGISTRATION ACT, 1961 [Or. Act 18 (Secs. 18-20)
(3) Every person. appointed under sub-section (I) shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code. 45 of 1860 Orders.by 18. (1) The Council shall, as soon as may be ~l:i~~~!:e and from time to time as occasion may require, ori:egist.etor make orders for regulating the maintenance of a registered · t f · t ed. • • practitioneri. ~egis er o reg.is er practitioners.
(2) The register shall be kept in such form as m~y be prescribed by rules.
Main!enance 19. (/) The Registrar shall keep the register ~;r~~l:frar in accordance with the provisions of this Act and of · any order made by the CounciJ, and shall from time to time, make· all necessary alteration in the regi stered addresses or appointments, and the registered qualifications or titles of such practitioners and cause the name of any practitioner who has died, to be removed from the register.
(2) In order to fulfil the duties imposed upon him by sub-section (I) the Registrar may send through post a letter to any registered ·practitioner addressed to him according to his registered address or appoint ment enquiring whether such practitioner has ceased to practise or whether his residence or appointment has been changed ; and if no answer to any such letter is received within a period of six months from its. despatch the Registrar may remove the name of such registered practitioner from the register :
Provided that any name removed under this sub-section may be re-entered in the regist~r under the direction of the Councih Persons 20. Every person who possesses any of the referred to in qualifications referred to in the Schedule shall, ~tiif:::we·subject to the provisions hereinafter contai!1ed, be registered. and oa payment of such fees as may be prescnbed in this behalf by regulation, be entitled to have his name entered in. the register :
Provided that the Council may refuse to permit the registration of the name of any person -
(a) who has been sentenu:d. by any court _.:for any non-bailable offence, such sentence .
not having ~n subsequently --reversod - or" quashed ; or of 1961] Tm ORISSA MEDlCAL REGISUlATION Acr, 1961 (Secs. 2 ~-. 23)
(b) whom the Council,. after due enquiry, at which an opportunity has been given to him to ·be heard either in person or through an agent and which may, in _the discretion of the President, be held in camera, has found guilty, by a majorit)f of two-thirds of the members present and voting at the meeting · of any in· . famous ·conduct in bis profession :
_ Provided that the disqualification under clause
(a) may be removed by the State Government by an order made in tha~ . behalf. · 381
21. Every person who applies to have his name 1nronnatioo.
d · t.. • t to be rur. entere tn tue regts et -- · . ulahed to the·
(a) ·must ·satisfy the Regi_strar that he. is p_os- !~!:;u°"' sessed of some title or qualification tion for referred to in the Schedule · and- reaiatdtioa. . '
(b) must cofl-ectly inform the Registrar of tha dates on which he obtained the titles or qualifications - which e;ntitle him to c:;laim registration under this Act.