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THE UTTARAKHAND MEDICAL COUNCIL ACT, 2002

[Uttarakhand Act No.17 of 2002]

(As passed by Uttarakhand Legislative in the Fifty-third years of Indian Republic)

A bill substitute of promulgated ordinance to provide for the constitution of the Uttarakhand
Medical Council & the maintenance of a register of Medical practitioners who are engaged in
the practice of modern scientific system of medicine and all its branches in the State
Uttarakhand and for matters connected therewith.
AN
ACT

It is hereby enacted in the Fifty-Third year of the Republic of India as follows:-

CHAPTER-I
PRELIMINARY

Short title, 1. (1) This Act may be called the Uttarakhand Medical Council Act,
extent and 2002.
commencement
(2) It extends to the whole of the State of Uttarakhand.
(3) It shall be deemed to have come into force on 30th October, 2002.

Definitions 2. In this Act, unless the context otherwise requires:

(1) “Appointed Day” means the date on which the provisions of
this Act shall come into force.
(2) “casual vacancy” means a vacancy occurring otherwise than
by efflux of time in any office filled by election or
nomination;
(3) “Council” means the Medical Council constituted under this
Act;
(4) “Uttarakhand” means the whole of the State of Uttarakhand;
(5) “Executive Committee” means the executive committee of the
council constituted under section 11 of the Act,
(6) “Government” means the Government of Uttarakhand;
(7) “Medical Practitioner” or Practitioner” means a person who is
engaged in the practice of modern scientific system of
medicine and all its branches and has qualifications as
prescribed in the first, second or third schedules to the Indian
Medical Council Act, 1956 (central Act 102 of 1956);
(8) “Medicine” means the modern scientific system of medicine
and includes surgery and obstetrics but does not include
veterinary medicine or veterinary surgery or the Homeopathic,
Ayurveda, Siddha or Unani system of medicine and the
expression “ medical” shall be construed accordingly;
(9) “Member” means a member of the Council;
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(10) “prescribed” means prescribed by rules made under this Act;

(11) “president” means the president of the council;
(12) “Vice President” means the Vice-President of the council;
(13) “Register” means the register of medical practitioners
prepared or deemed to be prepared and maintained under this
Act,
(14) “Registered Practitioners” means a medical practitioner
having registerable qualifications as prescribed in the Indian
Medical Council Act, 1956 (central Act 102 of 1956) whose
name is, for the time being, entered in the register, but does
not include a person whose name is provisionally entered in
the register;
(15) “Registrar” or Deputy Registrar” means the registrar or the
Deputy Registrar, as the case may be, appointed under section
14 of this Act;
(16) “Rules” means rules made under section 31 of this Act;
(17) “Section” means a section of this Act.

CHAPTER-II
ESTABLISHMENT OF THE COUNCIL
Constitution, 3. Constitution and incorporation of the council:-
Functions and
Powers Of The (1) With effect from such date as the Government may, by
Council notification in the official Gazette notify, there shall be
constituted for the purposes of this Act a council to be called “the
Uttarakhand Medical Council”.
(2) The council shall be a body corporate, having perpetual
succession and a common seal, with power to acquire, hold and
dispose of property, whether movable or immovable, and to
contract and to do all things necessary for the purposes of this
Act, and may by the name a foresaid sue or be sued.
(3) The council shall consist of the following members namely:
(a) Six members having registerable qualifications as
prescribed in the Indian Medical council Act, 1956(central
Act 102 of 1956) to be nominated by the Government.
(b) One member from each medical college in Uttarakhand
which is recognized by the Medical Council of India,
elected from teachers of the medical faculty of that college.
(c) Four members to be elected by registered practitioners from
amongst themselves including one member elected by the
Uttarakhand Medical Association :
Provided that no registered practitioner shall be
entitled to vote or stand as a candidate for election, unless:
(i) He/ she is a citizen of India;
(ii) He /she either resides or carries on his profession or is
employed in Uttarakhand.
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(d) Deans of the Medical faculty of the universities of

Uttarakhand as ex-officio member and;
(e) Director General of Health Services of the Uttarakhand
Government as ex-officio member.
(4) The president and Vice president of the council shall be elected
by the members from amongst themselves.
(5) The election of the members and of the president and Vice
president shall be held at such time, and at such place, and in such
manner, as may be prescribed.
(6) If at any election, the electors fail to elect the requisite number of
members, or the president or the Vice president, the Government
shall nominate members from amongst persons qualified to be
elected as members of the respective category, as it deems fit, to
fill in the vacancy or vacancies; and the persons so nominated
shall be deemed to have been elected for such time the vacancies
are filled in on regular basis under this section.
(7) Where any dispute arises regarding any election of a member or
of the president or Vice president, it shall be referred to the
Government, and the decision of the Government shall be final.
(8) Notwithstanding anything contained in sub-section(3)-
(a) In respect of the constitution of the council for the first time
under this Act, the members thereof shall be nominated by
the Government from amongst persons qualified to be
elected or nominated as members of the respective
category; and
(b) The member so nominated shall hold office for such period
not exceeding three years in the aggregate as the
Government may, by notification in the official Gazette,
specify.

Term of the 4. (1) The Government shall, by notification in the official Gazette,
Council publish the names of the members.
(2) Save as otherwise provided by this Act, a member shall hold
office for a term of five years from the date of publication of the
notification under sub-section (1) :
Provided that where a person is elected by members of
medical faculty of a medical college, or is an ex-officio member,
he shall cease to hold office as a member if he ceases to belong to
that faculty or, as the case may be, ceases to hold such office,
before the expiry of his term.
(3) Save as otherwise provided by this Act, the president or the Vice-
president shall hold office from the date of his election up to the
day on which his term of office as member expires.
(4) The term of office of an outgoing member shall, notwithstanding
anything contained in sub-section (2) be deemed to extend and to
expire with the day immediately preceding the day on which the
names of the successor members are published under sub-section
(1).
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(5) The term of office of an outgoing President or Vice-President

shall, notwithstanding anything contained in sub-section (3), be
deemed to extend and to expire with the day immediately
preceding the day on which the successor President or Vice-
President as the case may be, is elected.
(6) An outgoing member, President or Vice-President, shall be
eligible for re-election or re-nomination for one more consecutive
term only.
(7) Leave of absence may be granted by the council to any member
for a period not exceeding six months.

Casual 5. (1) A Casual vacancy in the office of the President or Vice-President

Vacancies or a member elected under clause (b) of sub-section(3) of section
3 or clause (c) of said sub-section, shall be filled by election:
Provided that any such vacancy in the office of an elected
member occurring within six months prior to the date, on which
the term of office of all the members expires, shall not be filled.
(2) A casual vacancy in the office of a member nominated under
clause(a) of sub-section (3) of section 3 of sub section (8) of that
section shall be reported forthwith by the Registrar to the
Government and shall as soon as possible thereafter be filled by
the Government by nomination.
(3) Any person elected under sub-section(1) or nominated under sun-
section(2) to fill a casual vacancy shall, notwithstanding anything
contained in sub-section (8) of section 3 of section-4 hold office
only so long as the person in whose place he may be elected or
nominated; as the case may be, would have held office, if the
vacancy had not occurred.

Resignation 6. (1) The president or the Vice-President may at any time resign his
office by a notice in writing addressed to the council and
delivered to the Registrar, the resignation shall take effect from
the date on which it is accepted by council or on the expiry of
sixty days from the date of the delivery of the notice, whichever
is earlier.
(2) An elected member may, at any time, resign his office by a notice
in writing addressed to the president. A nominated member may
at any time resign his office by a notice in writing addressed to
the Government and delivered to the Registrar. Every such
resignation shall take effect from the date on which it is accepted
by the president or, as the case may be, the Government or on the
expiry of sixty days from the date of the receipt of the notice,
whichever is earlier.

Disqualification 7. (1) A person should be disqualified for being elected or nominated

and disability. as, and for continuing as, a member-
(a) if he/she is an un discharged insolvent; or
(b) if he/she is of unsound mind and stands so declared by a
competent court; or
(c) if his/her name has been removed from the register and has
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not been re-entered therein; or

(d) if he/she is a whole time officer of servant of the council; or
(e) if he/ she has been convicted for an offence involving moral
turpitude.
(2) If any member absents himself from three consecutive meetings
of the council, without leave of the council granted under sub-
section(7) of section 4 or without such reasons as may, in the
opinion of the council, be sufficient, the council may declare his
seat vacant and take steps to fill the vacancy.
(3) If any member becomes, or is found to be, subject to any of the
disqualifications mentioned in sub-section (1), the council shall
submit a report to the Government, and the Government, if
satisfied about the disqualifications shall declare his seat vacant.

Meeting of the 8. (1) The meeting of the council shall be convened, held and conducted
Council in such manner as may be prescribed.
(2) The president, when present, shall preside at every meeting of the
council, if at any meeting the President is absent, the Vice-
President, and in the absence of both, some other member elected
by the members present from amongst themselves, shall preside
at such meeting.
(3) All issues at a meeting of the council shall be decided by a
majority of members present and voting.
(4) The presiding authority at a meeting shall have and exercise a
second or casting vote, in case of an equality of votes.
(5) Six members (including the President and Vice-President) shall
form a Quorum. If not present, the presiding authority shall, after
waiting for not less than thirty minutes for such quorum, adjourn
the meeting to such hour or some future day as it may notify on
the notice board at the office of the council; and the business
which would have been brought before the original meeting had
there been a quorum thereat, shall be brought before the
adjourned meeting, and may be disposed of at such meeting or
any subsequent adjournment thereof, whether there be a quorum
present, or not.

Proceedings of 9. (1) The proceedings of every meeting of the council, shall be treated
meeting and as confidential and no person shall, without the previous
validity of resolution of the council, disclose any portion thereof; provided
proceedings that nothing in this section shall be deemed to prohibit any person
from disclosing or publishing the text of any resolution adopted
by the council, unless the council directs such resolution also to
be treated as confidential.
(2) No disqualification or defect in the election or nomination of any
person as a member, or as the President or as the Vice-President,
or as a presiding authority of a meeting shall by itself be deemed
to vitiate any act or proceedings of the council in which such
person has taken part, if majority of the persons who are parties to
such act or proceedings, were entitled to vote.
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(3) During any vacancy in the council, the continuing members may
act, as if no vacancy has occurred.
(4) Any act done by the council shall not be questioned on the ground
merely of the existence of any vacancy in, or any defect in the
constitution of the council.

Powers, duties 10 Subject to such conditions as may be prescribed by or under the

and functions of . provisions of this Act, the powers, duties and functions of the council
the council shall be:-
(a) to maintain the live register, and to provide for the registration
of medical practitioners;
(b) to hear and decide appeals against any decision of the
Registrar;
(c) to prescribe a code of ethics for regulating the professional
conduct of practitioners;
(d) to reprimand a practitioner, or to suspend or remove his name
from the registered, or to take such other disciplinary action
against him as may, in the opinion of the council be necessary
or expedient.
(e) To exercise such other powers, perform such other duties and
discharge such other functions, as are laid down in this Act, or
as may be prescribed.
(f) To receive complaints from public (including patients and their
relatives) against misconduct or negligence by a medical
practitioner, to proceed for inquest, take a decision on the
merits of the case and to initiate disciplinary action or award
compensation and similarly to take action against frivolous
complaints.
(g) To provide protection to its members in discharging
professional duties;
(h) To ensure that no unqualified person practices the modern
scientific system of medicine.
Executive 11 (1) The council as soon as may be, shall constitute an executive
Committee. .
committee consisting of the President, an ex-officio member and
such other number of other members, elected by the council from
amongst its members, as may be prescribed.

(2) 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 shall be such as may be prescribed.

(3) In addition to the powers, duties and functions conferred,

imposed and entrusted by this Act, the executive committee shall
exercise such powers, perform such duties, and discharge such
functions of the council as may be delegated to it by rules or
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entrusted to it from time to time, by the council.

(4) The president shall be the ex-officio Chairman of the Executive

Committee.
Fee and allow- 12 There shall be such fees, allowance and traveling allowances paid
ances to . to the President, the Vice President and other members of the
members of the council, and to the members of its Executive Committee, for
council and the attendance at meetings, as shall from time to time be prescribed.
Executive
committee.

Income and 13 (1) The income of the Council shall consist of:-
expenditure of . (a) Registration fees received from the practitioners;
the council
(b) Grants received from the Government, if any and
(c) Any other sums raised by the Council.
(2) It shall be competent for the Council to incur expenditure for the
following purposes; namely:-
(a) Salaries and allowances of the Registrar and the staff
maintained by the Council;
(b) Fees and allowances paid to the member of the council and
of the Executive Committee;
(c) Remuneration paid to the assessors; and
(d) Such other expenses as are necessary for performing the
duties and discharging the functions under this Act.

Appointment of 14 (1) The Council shall, with the previous sanction of the Government,
Registrar and . appoint a Registrar and or a Deputy Registrar, he shall be a
or Deputy qualified medical graduate as prescribed in Scheduled I, II and III
Registrar of the of the Indian Medical Council Act 1956 (central Act 102 of
council, their
1956).
duties and
functions (2) The executive committee may, from time to time, grant leave to
the Registrar:
Provided that, if the period of leave does not exceed one
month, the leave may be granted by the president.
(3) During any temporary vacancy in the office of the Registrar due
to leave or any other reason, the Deputy Registrar shall act as the
Registrar. In case of non availability of Registrar and Deputy
Registrar, the executive committee may, with the previous
sanction of the Government, appoint another person to act in his
place and any person so appointed shall for the period of such
appointment, be deemed to be the Registrar for the purpose of this
Act :
Provided that, when the period of such vacancy does not
exceed one month, the appointment may be made by the
President, who shall forthwith report such appointment to the
executive committee and to the Government.
(4) The Council may, with the previous sanction of the Government,
suspend, dismiss or remove any person appointed as the Registrar
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or impose any other penalty upon him in the manner as may be

prescribed.
(5) Save as otherwise provided by this Act, the salary and allowances
and other conditions of service of the Registrar shall be such as
may prescribed.
(6) The Registrar shall be the Secretary and the Executive officer of
the Council. He shall attend all meetings of the Council and of its
Executive Committee and shall keep minutes of the meetings and
names of members present and of the proceedings of such
meetings.
(7) The accounts of the Council shall be kept by the Registrar, in the
prescribed manner.
(8) The Registrar shall have such supervisory powers over the staff as
may be prescribed, and may perform such other duties and
discharge such other functions as may be specified in this Act, or
as may be prescribed.
(9) The Registrar shall be deemed to be a public servant within the
meaning of section 21 of the I.P.C.
CHAPTER-III
PREPARATION AND MAINTENANCE OF REGISTER
Preparation of 15 (1) As soon as may be after the appointed day, the Registrar shall
Register . prepare and maintain thereafter a register of Medical practitioners
for Uttarakhand in accordance with the provisions of this Act.
(2) The register shall be in such form, and may be divided into such
parts, as may be prescribed.
a) the resister shall include- the full name, address, and
qualifications with the name of the college and university of
the registered practitioner, the date on which each
qualification was obtained, and such other particulars as may
be prescribed.
(3) Any person who possesses any of the qualifications in the First,
Second or Third Schedule to the Indian Medical Council Act,
1956 (central Act 102 of 1956) shall subject to any condition laid
down by or under the Indian Medical Council Act 1956, at any
time on an application made in the prescribed form to the
Registrar and on payment of a prescribed fee and on presentation
of proof of his register able qualification, be entitled to have his
name entered in the register.
(4) (a) every person, whose name was entered on a date prior to Ist
May, 1961 in Indian Medical Council Register and continued in
such register on the day immediately preceding the appointment
day, shall be entitled to have his name continued in the register
prepared under this Act;
(b) Within a period of three months from the appointed day or such
further period as the Government may allow, the Registrar shall
publish a general notice in the official Gazette and in such
newspapers, as the council may select, in such form as may be
prescribed, calling upon every person to whom clause(a) applies,
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to pay to the Registrar in the prescribed manner the prescribed fee

if he desire to have his name on the register under this Act, and
shall also send individual notice for a like purpose by registered
post to every such person at his last known address in such form
as may be prescribed. The name of every such person who pays
such fee before the expiry of the period of two months from the
date of publication of the general notice in the official Gazette
shall be enlisted on the register.
(5) After the last date for payment of the prescribed fee under clause
(b) of sub-section (4) has expired and the register prepared in
accordance with foregoing provisions is ready, the Registrar, shall
publish a notice in the official Gazette and such newspapers as
the council may select, about the register having been prepared,
and the register shall come into force from the date of the
publication of such notice in the official Gazette.
(6) Any person servicing or practicing modern scientific system of
medicine in Uttarakhand shall be registered with the council
under this Act, without registration with the council any person
though qualified in medicine, shall be liable for action as
specified by the council.
(7) Every registered practitioner shall be given a certificate of
registration in the prescribed form. The registered practitioner
shall display the certificate of registration in a conspicuous part in
the place of his practice and if he has more than one such place in
any of them.

For registration 16 (1) A practitioner holding a medical qualification from any authority
in certain cases . in any place outside the territory of Indian (other than the
qualification in the second schedule or the Third schedule to the
Indian Medical Council Act 1956) shall not be registered under
this Bill, unless the procedure specified in sub-section (2) has
been followed.
(2) Any person, who holds any such medical qualification, may apply
to the council for registration by giving a correct description of
his qualification, with his degree, diploma, license or certificate.
The council shall send the same to the Medical Council of India
for opinion and shall act according to the opinion.

Persons who 17 Notwithstanding anything contained in section 15 and 16, no

may not be . person whose name has been removed whether before or after the
registered appointed day, from any register kept under this Bill or any other
law for the time being in force in India regulating the registration
of Medical practitioners on the ground of professional misconduct
shall be entitled to have his/her name entered in the register,
unless his/her name is duly ordered to be restored to the register
from which it was so removed.

Fees for and 18 (1) Any person who desires to be registered provisionally under
Certificate of . section 25 of the Indian Medical Council Act, 1956 (central act
provisional 102 of 1956) shall make an application in the prescribed form to
registration the Registrar and shall pay the prescribed fee.
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(2) Every person whose name is entered in the registrar under sub-
section (1) shall be given a certificate of provisional registration
in the prescribed form. Such certificate shall remain in force for
such period as may be specified therein.

Maintenance of 19 (1) It shall be the duty of the Registrar to make entries in the register,
Register . from time to time, to revise the same and to issue certificate of
registration in accordance with the provisions of this Act, and the
rules made there under.
(2) (a) every Registrar of births and deaths, on receiving notice of
death of a medical practitioner, under this Act, shall forthwith
transmit by post to the registrar appointed under this Act a
certificate under his own hand of such death with the particulars
of time and place of death and may charge the cost of such
certificate and transmission as an expense on his office;
(b) the names of registered practitioners, who die or whose
names are directed to be removed from the register under section
22 shall be removed there from.
(3) Any person whose name is entered in the register and who
subsequent to his registration desires to record in the register any
change in his name shall, on an application made in this behalf
and on payment of prescribed fee be entitled to have such change
in his name recorded in the register.
(4) Subject to the provisions of section 26 of the Indian Medical
Council Act 1956 (Central Act, 102 of 1956), any person whose
name is entered in the register and who subsequent to his
registration obtains any additional qualification specified in any
of the schedules to the Indian Medical Council Act, 1956, shall
on an application made on this behalf and on payment of the
prescribed fee be entitled to have an entry stating such additional
qualification made against his name in the register.

Publication of 20 (1) At such time after the publication of the notice under sub-section
List of . (5) of section 15 as the council deems fit and thereafter every five
Registered years, the Registrar shall cause to be printed and published a
practitioners correct list of all persons for the time being entered in the register
but not later than three months of the start of the election
processes.
(2) The Registrar shall ensure that this list be printed and published
annually on or before a date to be decided by the Executive
Committee or an addendum and a corrigendum (if required) to the
list published under sub-section (1) 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 been since been removed on account of
any reason what-so-ever from, and not reentered in the
register; and
(c) any other amendments to the subsisting list.
(3) The form of the list published under sub-section (1), the
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particulars to be included therein, and the manner of its

publication, shall be such as may be prescribed.
(4) A copy of the list referred to in sub-section (1), shall be
conclusive evidence in all courts, and in all judicial or quasi-
judicial proceedings, that the persons therein specified are
registered according to the provisions of this Act and the absence
of the name of any person from such copy shall be evidence, until
the contrary is proved, that such person is not registered
according to the provisions of this Act :
Provided that in the case of any person whose name does
not appear in such copy, a certified copy under the hand of the
Registrar of the entry of the name of such person on the register
shall be evidence that such person is registered under the
provision of this Act.

Disciplinary 21 (1) The council shall have a disciplinary committee comprising of:
action including . (i) A Chairman to be nominated by the council;
removal of
names from the (ii) A member of legislative Assembly of Uttarakhand State
Register nominated by the speaker;

(iii) A legal expert to be nominated by the Law Department;

(iv) An eminent public man nominated by the Government;
(v) An eminent medical specialist in the relevant specialist to
which the complaint pertains, to be nominated by the
council ; and
(vi) A member nominated by Medical Association of
Uttarakhand State with minimum ten years standing.
(2) If a registered practitioner has been, after due inquiry held by the
council or by the executive committee in the prescribed manner,
found guilty of any misconduct by the council or the executive
committee, the council may:-
(a) Issue a letter of warning to such practitioner; or
(b) Direct the name of such 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.
Explanation- for the purpose of this section a registered practitioner
shall be deemed to be guilty of misconduct if:-
(a) he/she is convicted by a criminal court for an offence which
involves moral turpitude and which is cognizable within the
meaning of the code of criminal procedure 1973 (central act
2 of 1974), or
(b) in the opinion of the council his/her conduct is infamous in
relation to the medical profession particularly under any
code of Ethics, prescribed by the council or by the Medical
Council of India constituted under the Indian Medical
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Council Act, 1956 (central act 102 of 1956) in this behalf.

(3) The council may, on sufficient cause being shown, direct on any
subsequent date that the name of a practitioner removed under the
sub-section (1) shall be re-entered in the register on such
conditions, and on payment of the prescribed fee, as the council
may deem fit.
(4) The Council may, of its own motion, or on the application of any
person, after due and proper inquiry and after giving an
opportunity to the person concerned of being heard, cancel or alter
any entry in the register, if in the opinion of the council , such
entry was fraudulently or incorrectly made.
(5) In holding any inquiry under this section, the council or the
executive committee, as the case may be, shall have the same
powers as are vested in civil courts under the code of civil
procedure, 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;
(c) Issuing of commissions for the examination of witnesses.
(6) All the inquiries under this section shall be deemed to be judicial
proceedings within the meaning of sections 193, 219 and 228 of
the Indian Penal Code.
(7) a) for the purpose of advising the Council or the Executive
Committee, as the case may be , on any question of law arising in
any inquiry under this section, there may in all such inquired an
assessor, who has been for not less than ten years;
(i) an advocate enrolled under the advocated Act 1961, or
(ii) advocate General of the Honorable High Court;
(iii) an attorney of a High Court.
Explanation— (a) for the purpose of this sub-section for computing the
required period that period will also be added during which
a person has been enrolled as an advocate under the Indian
Bar council Act, 1926.
(b) where an assessor advises the Council, or the executive
committee, as the case may be, on any question of law as to
evidence, procedure or any other matter, he shall do so in the
presence of every party or person representing a party to the
inquiry who appears thereat or if the advices tendered after
the Council or the Executive committee has begin to
deliberate as to its findings, every such party or person as a
foresaid shall be informed what advice the assessors has
tendered, such party or person shall also be informed if, in
any case, the council or the executive committee does not
accept the advice of the assessors on any such questions as a
foresaid.
(c) any assessors under this section may be appointed either
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generally, or to any particular inquiry, and shall be paid the

prescribed remuneration as may be prescribed from time to
time.

Renewal of 22. (1) Notwithstanding anything contained in section 15 and 20, on such
registration date, after the date of publication of the notice under sub-section 5
of section 15, as the Executive Committee may, with the previous
sanction of the Government, decide, and every five years
thereafter, the Registrar shall cause two notices in the prescribed
form to be published, at an interval of not less than thirty days in
the official gazette calling upon in the manner provided in sub-
section (2) on registered practitioner to make an application to the
registrar for the continuance of their names of the register.
(2) The registrar shall, after the publication of the first notice under
sub-section (1), send a notice by registered post enclosing
therewith the prescribed form of application to the registered
practitioners at their addresses as entered in the register, calling
upon them to return the application to the registrar for continuance
of their names of the register within forty-five days of the date of
the notice. If any of the registered practitioners fails to return such
applications within the time specified, the registrar shall issue a
further notice to such registered practitioner by registered post
after the application of second notice under sub-section (1),
enclosing therewith the prescribed form the application to the
registrar for the continuation of his name on the register within
thirty days of the date of the further notice with a fee as may be
prescribed from time to time.
(3) If the application is not made on or before the date fixed by further
notice sent by registered post under sub-section (2) the Registrar
shall remove the name of the defaulter from the registrar and shall
inform him of such removal by registered post :
Provided that if an application for continuance of the name
so removed is made within a period of six months from the date fix
by the said further notice by registered post under sub-section (2),
the name so removed may be re-entered in the register on payment
of the prescribed fee.
Appeals 23. (1) Any person aggrieved by any decision of the Registrar under this
Act may, within the period of 1 month from the date on which the
decision is communicated to him, appeal to the Council which
shall hear and determine the appeal in the prescribed manner.
(2) Save as otherwise provided in the Indian Medical Conceal Act,
1956 (Central Act 102 of 1956), the decision of the Council under
this Act shall be final.

Rights of 24. Notwithstanding anything contained in any law for the time being
registered in force-
practitioners
(i) The expressions ‘legally qualified’ medical practitioner ‘ or
duly qualified medical practitioner’ or any word importing a
person recognized by law as a medical practitioner or member
 Page No. 14

of the medical profession shall in all acts of the Legislative

Assembly of Uttarakhand and all the central Acts (in their
application to Uttarakhand) in so far as such Acts relate to any
matter with respect to which the legislative Assembly has
power to make laws, under clause (3) of article 239 AA of the
constitution, include a practitioner whose name is entered in
the register under this Act:
(ii) Every registered practitioner shall be exempt, if he so desires
from serving on an inquest.

General 25. The provisions of this Act are in addition to, and not in derogation
provision of the provision of the Indian Medical Council Act, 1956, (Central
applicable to Act 102 of 1956) containing general provisions applicable to all
Medical medical practitioners.
practitioner

Penalty for 26. If any person whose name is not for the time being entered in the
falsely register falsely represents that it is so entered, or uses in
claiming to be connection with his name or titled any word or letters reasonably
registered calculated to suggest that his name is so entered, he shall, on
conviction, be punished with minimum fine of Rs. 25,000 which
may extended upto Rs. 50,000.

False 27. Any person who falsely assumes that he is a medical practitioner
assumption of or practitioner as defined in clause (7) of section, 2 and practices
medical the modern scientific system of medicine shall be punishable with
practitioner rigorous imprisonment which may extend upto three years or with
or
fine which may extend upto Rs. 50,000 (fifty thousand rupees) or
practitioner
under this Act
with both.
to be an
offence
Explanation: under this section punishment can be awarded only to
Medical practitioner as defined in section 2(7) of this Act and no
punishment may be awarded to any one practicing veterinary
medicine or veterinary surgery or homeopathic or ayurvedic or
siddha or the Unani System of medicine those holding BAMS or
BIMS degree.

Court 28. (1) No court other than the court of a Chief Judicial Magistrate, or
competent to
try offence, Magistrate First Class shall take cognizance of, or try an offence,
under this Act under this Act.
and take
cognizance of
offence (2) No court shall take cognizance of any offence under this Act
except on a complaint in writing by an officer empowered by rules
made in this behalf.

Control of the 29. (1) If at any time, it appears to the Government that, the council or its
Government
president or vice-president has failed to exercise or has exceeded
 Page No. 15

or abused any of the powers conferred upon it or him by or under

this Act or has ceased to function, or has become incapable of
functioning, the Government may, if it considers such failure,
excess abuse or incapacity to be a serious character, notify the
particulars thereof to the council or the President or the Vice-
President, as the case may be. If the council or the President or the
vice- President as the case may be, fails to remedy such failure,
excess abuse or incapability within such reasonable time as the
Government may fix in this behalf, the Government may remove
the President or Vice President or dissolve the council for
specified period, as the case may be, and in case of dissolution of
the council, cause all or any of the powers, duties & function of the
Council to be exercised, performed and discharged by such
registered practitioner or practitioner as the Government may
appoint in that behalf :

Provided that a new council shall be constituted before the

expiry of a period of two years from the date of its dissolution.

(2) Notwithstanding anything contained in this Act, or in the rules

made there under, if at any time it appears to the Government that
the council or any other authority empowered to exercise any of
the powers or to perform any of the duties or functions under this
Act, has not been validly constituted or appointed, the Government
may cause any of such powers duties or functions to be exercised
or performed by such person or persons, in such manner and for
such period; not exceeding six months and subject to such
conditions, as it thinks fit.

Rules 30. (1) The Government may, by notification in the official Gazette, and
subject to the condition of previous publication, make rules to
carry out the purposed of this Act. Such rules may be made to
provide for all or any matters expressly required or allowed by this
Act to be prescribed by rules.

(2) In particular and without prejudice to the generality of the

foregoing power, the Government may make rules for all or any of
the following matters, namely;
 Page No. 16

(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.
(b) the manner in which the meeting of the council shall be
convened, held and conducted under sub-section (1) of section
8;
(c) the powers, duties, and functions of the council, the condition
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;
(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 provision of section 11;
(e) the fees and allowances payable to the President, the Vice
President and other member of the Council, and to the
members of its Executive Committee under section 12;
(f) the salary and allowances payable to the Registrar and other
conditions of service of the Registrar, manner of maintenance
of the accounts of the council by the Registrar, supervisory
powers of the Registrar over the staff and the duties and
functions as may be specified in the Bill, which may be
performed and discharged by the Registrar;

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

Council under sub section (3) of section15;

(h) preparation and maintenance of the register of medical

practitioners, the form of such register, the particulars
including the name, address, and qualification, etc of the
registered practitioners to be entered in the register,
 Page No. 17

prescription of the form of application and of notice to be

published in the official Gazette and newspapers to have
names registered, prescription of fees to be paid for such entry
and the manner of payment, prescription of form for sending
individual notices, prescription of the form of certificate which
shall be given to registered practitioners under section 15;

(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;

(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;

(k) the form of the list of registered medical practitioners and

manner of the publication of the list under section 20;

(l) manner for taking disciplinary action etc. against registered

practitioner by the Council or by the Executive Committee,
conditions subject to which and the fee for re-entering the
name of a practitioner in the register and the remuneration to
be paid to an assessor under section 21;

(m) from of notice and form of application for renewal of

registration be registered medical practitioner, fee payable for
re-entry of name which is removed from the register due to
non-renewal under section 22;

(n) the manner in which appeals against the decision of the

Registrar shall be heard by the Council under section 23;

(o) officers who are empowered to make a complaint under sub-

section (2) of section 29;

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

(3) All rules made under this section shall be laid is not more than
thirty days on as soon as possible after they are made before the
Legislative Assembly of Uttarakhand and shall be subject to
 Page No. 18

rescission by the Legislative assembly or to such modifications as

the Legislative Assembly may make during the session in which
they are so laid or the session immediately following.

(4) Any rescission or modification so made by the Legislative

Assembly of Uttarakhand shall be published in the official Gazette
and shall thereupon take effect.

Code of 31. The Council shall follow the code of conduct and medical ethics as
conduct and
Ethics prescribed by the Medical Council of India from time to time.

Power to 32. If any difficulty arises in giving effect to the provisions of this Act,
remove
difficulties the Government may by order as occasion requires, do anything
which appears to it to be necessary for the purpose of removing the
difficulty:

Provided that no such order shall be made after the

expiration of two years from the constitution of the Council.

Repeal 33. The Uttarakhand Medical Council Ordinance, 2002 is hereby

repealed.