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MADHYA PRADESH AYURVIGYAN PARISHAD

ADHINIYAM, 1987

’fwrsrTST xravn faftpo 2-1 vrn?* 1990 H0 9

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MADHYA PRADESH ACT

No. 11 of 1990

THE MADHYA PRADESH AYURVIGYAN PARISHAD ADHINIYAM, 1987.

TABLE OF CONTENTS

Scclions :CHAPTER I—PRELIMINARY

3.

1. Shfeit title extent and commencement.2. Definitions. ' '

CHAPTER II—CONSTITUTION OF THE COUNCIL AND APPOINTMENT OF REGISTRAR AND OTHER OFFICERS AND SERVANTS.

3. Incorporation of State Medical Council.4. Constitution, of Council.5. Mode of Election. .6. Restriction on nomination or membership.7.. Terms of office of members.8. Meeting of Council.9. Allowances to President, Vice-President and Members .of the Council.

10. Registrar and others officers.

CHAPTER III—PREPARATION AND MAINTENANCE OF STATE MEDICAL REGISTER

11. Preparation of Register.12. Maintenance of Register.13. . Registration of additional qualifications.14. Privileges of registered practitioner.15. Power of Council to prohibit entry or to direct removal from State

Medical Register. . '' ,16. Alteration of State Medical Register by Council.17. Procedure in enquiries. -L18. Appeal against decision of council.

CHAPTER IV—COUNCIL FUND

19.20/

Council- Fund.Objects to which' Council Fund may be applied.

CHAPTER V—MISCELLANEOUS

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21,

22;23.24.

Prohibition from practice except as provided iii this Act or- Central Act No. l(fe of 1956.

Control by State Government. ’Information to bei furnished by Council and publication thereof. Penalty? *

25. Vacancy not to invalidate proceedings, etc.26; Protection of action taken in good faith.

Power to make rules by State Government.Power to make regulations by Council. -

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27.28.

CHAPTER VI— REPPEAL AND TRANSITIONAL PROVISIONS

29. Transitional provisions.30- General provisions applicable to medical, practitioners.3L Repeal and other consequences. '■

SCHEDULE- A ? ' / ; . ? 't'/L

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-1 >1 -

1440

Short title extent and commencement.

Definitions.

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Incorporate ■ >i State Medical • Council.

trwWT3T JUTiX, fenfo>2 4 OyW 1990

MADl-IYA PRADESH ACT

No. 11 of 1990

THE MADHYA PRADESH AYURVIGYAN PARISIIAD ADHINIYAM, 1987.

[Received assent of the President on the 10th July 1990; assent first published in the “Madhya Pradesh Gazette (Extra-ordinary)”, dated the 24th July, 1990.]

An Act to consolidate and amend the laws relating to registration, of practitioners of medicine in Madhya Pradesh, and to make provisions for constitution of the Medical Council for the State and for matters connected therewith.

Be it enacted by the Madhya Pradesh Legislature in the Thirty-Eighth;Year of the Republic of India as follows :—

CHAPTER I—PRELIMINARY

1. (1) This Act may be called the Madhya Pradesh Ayurvigyan ParishadAdhiniyani, 1987.

(2) It extends to the whole of Madhya Pradesh.

(3) It shall come into force on such date as’tthe State Government may, by notification, appoint.

2. In this Act, unless the context otherwise requires,—

(a) “Council” means the Madhya Pradesh Ayurvigyan Parishadestablished under section 3 ;

(b) “Indian Medical Register” means the register maintained by theMedical Council of India under section. 21 of the Iridian Medical Council Act, 1956 (No. 102 of 1956);

(c) “Medicine”, means modern scientific medicine in all its branchesand includes surgery and obstetrics, but does not include veterinary medicine and surgery;

(dr “recognised medical qualification” means—•

(i) any of the medical qualifications for the time being, included inthe Schedules to the Indian Medical Council Act, 1956 (No. 102 of 1.956) ;

(ii) any of the medical qualifications specified in the Schexlule ;

(e) “registered practitioner" means any person enrolled on the Stale Medical Register under the Provisions of this Act;

([') “regulation” means a regulation made under section 28 ;

(g) “State Medical Register” means a register maintained under Section, IT.

CHAPTER H- CONSTITUTION OF THE COUNCIL AND APPOINTMENT OF REGISTRAR AND OTHER OFFICERS AND SERVANTS.

3. (1) The . State Government shall, as soon as may be, establish, by. notification a Medical Council for the State with effect from such date .as may be specified therein.

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(2) The Council shall be a txxly corporate by the name of the Madhya Pradesh Ayurvigyan Parishad and shall have perpetual succession and a common seal with power to acquire and hold property, both movable and immovable, and subject to the provisions of this Act to transfer any property held by it and to contract and do all other things necessary for the purposes of its constitution and may sue and be sued in its corporate name :

Provided that the council shall not transfer any property held by it by way of sale, mortgage, lease or otherwise or borrow money from any person or agency without the previous permission of the State Government.

(1) The Council shall consist of the following members, namely Constitution ot Council

(a) five members elected from amongst themselves by persons enrolledon the State Medical Register;

(b) five members to be nominated by the State Government as follows —

(i) one representative of the Indian Medical Association, MadhyaPradesh State Branch out of the panel of five persons to be proposed by the State Branch of the said Association;

(ii) one member from amongst the member of Medical faculties ofthe Universities in the State ;

' (iii) two members from amongst the Madhya Pradesh Health Services holding class I post out of whom one shall be a lady doctor;

(iv) a Dean of one of the Government medical colleges in the State;

(c) Director Medical Services, Madhya Pradesh.

(2) The Director of Medical Services shall be the President of the Council and the Dean shall be the Vice-President of the Council.

(3) The name of every person elected or nominated under sub-section (1) shall be published in the Gazette and the members shall enter and shall, for the purposes of their term, be deemed to have entered upon their respective offices with effect from the date df such publication.

(4) The Vice-President shall perform such duties and exercise such powers of the President as may be assigned to him by the President.

5. (b) An election under clause Caj of sub-section (1) of Section (4) Mode ofshall be conducted by the Council in accordance with such rules as may be Elfection. made by the State Government in this behalf.

(2) Where any dispute arises regarding any election to the Council, it shall be referred to the State Government in such manner and within such period as may be prescribed and t3ie Sdecisjon of the State Government thereon shall be final and binding

1442

Restriction on nomination or membership.

Terms of office of monbers.

Meeting of Council.

Allowances to President, Vice- President and Members of the Council

Registrar and other officers.

trwjavsi , Fepipf, 2-; vhvj- 1990 _ __

6. No person shall be eligible for election or nomination under Section 4,—

(i) unless his name is borne on the State Medical’Register ; and

(ii) for more than two consecutive terms.

7. (1) Subject to the provisions of this Act, an elected or nominated member shall hold office for a term of five years from the date he enters upon his office as provided in sub-section (3) of Section 4 :

Provided that an outgoing member shall continue to hold office till bis successor enters upon his office.

(2) An elected or nominated member shall be deemed to have vacated his seat if, in the opinion of the Council, be is absent without sufficient excuse from three consecutive ordinary meetings of the Council or, if he ceases to be a registered practitioner.

(3) A casual vacancy in the Council shall be filled as soon as possible by election or nomination, as the case may be, and the person elected or nominated tO' fill the vacancy shall hold office for the unexpired term of his predecessor.

(4) Where the said term of five years is about to expire in respect of any member, a successor may be elected or nominated at any time within three months before the said term expires, but he shall not assume office until the said term has expired.

8. (I)/The Council shall meet atleast twice in each year at such time and place as may be fixed by the President.

(2) Unless otherwise provided by regulation, five members of the Council out of whom atleast one shall be a non-official member shall form a quorum and all questions brought before any meeting of the Council shall be decided by majority of the members present and voting and in the case of an equality of votes, the presiding authority shall have a second or casting vote.

9. The President, the Vice-President and Members of the Council shall be paid such allowances for attending meetings as the Council may. bv regulations, determine.

10. (1) The Council shall, with the previous sanction of .the State Government, appoint a Registrar who shall act as Secretary and Treasurer of the Council:

Provided that no person shall be eligible for being appointed as Registrar unless lie is a registered practitioner :

Provided further that for the. first four years from the date specified for the establishment of the Council under sub-section (1) of Section 3, tlie Registrar shall be a person appointed by the State Government who shall: hold office during the pleasure of the State Government. '

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(2) The Council may, with the previous approval of State Government, creat& as many posts of officers and servants as it may deem necessary to carry out the provisions of this Act and may appoint officers and servants thereto:

Provided that appointments to the posts, the minimum pay of which is j

1444

Maintenance of register.

Registration ofadditionalqualifications.

Privileges ofregisteredpractitioners.

tints’. 21 tspTTr 1990 /

Medical Council or the Medical Council, Bhopal shall be/'entered in the Stale medical register prepared under this Act, without such person being required to make an application, or to pay any fee for this purpose.

(5) Every registered practitioner shall be given, a certificate of registration in the prescribed form. The registered practitioner shall display the certificate or certified true copy of the certificate of registration at a conspicuous part in the place of his practice.

12. (I) It shall be the duty of the Registrar of the Council to keep the State Medical Register in accordance with the provisions of this Act and of any orders made by the Council and from time to time revise the register in the manner prescribed. The Registrar shall get the medical register published in the Gazette and every change made during the course of a year shall be published annually in the Gazette.

(2) Such register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 (1 of 1872), and may be proved by a copy published in the Gazette.

13. (1) Evqry registered practitioner who after the entry of his name in the State Medical Register, obtains any title, degree of diploma which is a recognised' medical qualification shall be bound to get the same entered in the State Medical Register in accordance with the provisions of this Act.

(2) Every registered practitioner to whom sub-section (1) applies shall,on obtaining any title, degree or diploma which is a recognised medical qualification, make an application to the Council in such form and within such period as may be prescribed together with such fee as may be prescribed by regulations. for each qualification obtained fcr entering such title, degree or diploma in the State Medical Register either in substitution for, or in addition to, any entry previously made: ■ .

Provided that where such title, degree or diploma has been obtained prior to .the date of commencement of this Act, such application shall be made within six months from the date of such commencement.

(3) .On receipt of the application under sub-section (1), the Council shall enter the title, degree or diploma in the State Medical Register ordinarily within three months after completion of prescribed formality./

(4) No registered practitioner who has obtained any additional qualification shall be entitled to use such qualification for the purpose of practice or any other purpose whatsoever or derive any advantage therefrom during the course of practice or for the purpose of employment unless he gets jhat qualification registered in the State Medical Register in accordance with the provision of this section.

14. (1) Subject to the conditions and restrictions laid down in. this Act or the Indian Medical Council Act, 1956 (No. 102 of 1956), regarding medical practice by persons possessing certain recognised medical qualification, every person whose name is for the time being borne on (he State Medical

\-7-

JrwTXTST 2-1 sraTS3 1990 1445.....------- . ■■■ .—--- ■■- ■ - -------------- . .. :-------------------------------------------------- ■------- :.--- -Register shall be entitled, according to his qualificationsJio jpractice asjimedical practitioner within the State and to recover in respect ~of such- practice any expenses, charges in respect of medicaments or other appliances or any fees to which he may be entitled.

(2) No certificate require# by or under any law to be given by a medical practitioner shall be valid unless it is signed by a registered practitioner and bears the seal of his name and registration number.

(3) Evefy prescription issued by a registered practitioner shall have seal of the name and registration number of such registered practitioner.

(4) No person other than a registered practitioner shall be eligible to hold any appointment as physician, surgeon or medical officer in any hospital, asylum, infirmary, dispensary or any other medical institution or medical officer of health in any other allied branch of medicine.

15. The Council may, upon reference from the Registrar or otherwise prohibit the entry in, or order the removal from, the State Medical Register of the name of any person.—

(a) who has been sentenced by a Criminal Court to imprisonment for an offence indicating in the opinion of the Council such a defect in character as would render the enrolment or continuance of his name in the State Medical Register undesirable : or

lb) whom the Council after enquiry at which opportunity has been given to him to be heard in person and which may at the discretion of Council be held in camera, finds guilty of infamous conduct in any professional respect by a majority of two-thirds of the members'bf" the Council present and voting at the meeting but such number shall not be less than five.

16. (1) 'flic 'Council may after giving the person concerned reasonable Alteration of •. > , . . . . . State Medicalopportunity .of being heard and enquiring into his objections, if any. odder Re^te,. by

that any entry in the State Medical Register which in the opinion of the Council. Council, lias been fraudulently or incorrectly made nr brought about, be cancelled or amended.

(2) The Council may direct the removal altogether or for a specified ' period from the State Medical Register of the name iff uin registered practitioner for the same reasons for which registration may be prohibited by (he Council under Section 15.

(3) The Council may direct that any name removed under sub-seclion (?) shall be- restored subject to such conditions,. if any. which the Council may deem fit to impose.

17. "For the purpose of any -enquiry under Sections, 12. 15 or 16 the FrwVd'irr in Council of any Committee authorised by rules .made under Section • 29 shall ,uiui ->s. be- deemed to be a Court-within the meaning, of Ihe , Indian Evidence Act.1872 (No. I of 1872). and shall exercise all the powers of a Commissionerappointed- under the. Public Servants (Inquiries) Act. 1850 (No. 37 of 1850),

Power of Council to prohibit entry or to direct removal from State Medical Register.

- \s-

1446

Appcii against decision ol Council.

Council Fund.

Object... to which council Fund may be applied.

Prohibition from practice except as provided in this. Act ..'or Centraisftct No.. ia2’"6f f 55.

_________________

and such enquiries shall be conducted, as far as may be, in accordance with the provisions of Section 5 and Sections 8 to 20 of the Public Servants (Inquiries) Act, 1850 (No. 37 of 1850).

18. (1) Any person aggrieved by the decision of the Council underSections 12, 15 or 16 may prefer an appeal to the State Government.

(2) An appeal under sub-section (1) shall be preferred within three months from the date of the receipt by the party concerned of a copy of such decision and it shall be accompanied by such fee as may be prescribed by regulation.

CHAPTER IV—COUNCIL FUND

19. (1) The Council shall establish a fund to be called the Council Fund.

(2) The following shall form part of, or be paid into, the Council Fund :—

(a) any contribution or grant by the Central Government or StateGovernment; .

(b) the income of the Council from all sources including income fromfees;

(c) trusts, bequests, donations, endowments and other grants, if any:

(d) all other sums received by the Council-

20. The Council Fund shall be applicable to the following, objects, namely :—

(a) to the repayment of debts incurred by the Council for the purposesof this Act and the rules and regulations made thereunder;

(b) to the expenses of any suit or proceedings to which the Councilis a party .

(c) to the payment of the salaries and allowances of the employees ofthe Council ;

(d) to the payment of allowances to the office bearers of the Council ;

(e) to the payment of any expenses incurred by the Council in carryingout the provisions of tips Act and the rules, and the regulations made thereunder.

CHAPTER V-MISCELLANEOUS

21. Save as provided in this Act or the Indian Medical Council Act, 1956 (No. 102 of 1956), no.person shall practice or hold himself out, whether directly or indirectly, as practising medicine within the State.

. ~7~ ' ■

WWrfl rtWa, 24 XHi.T 1990 1 44

22. If at any time it appears to the State Government that (he Council Control by state has failed to exercise or has exceeded or abused any of the powers conferr- Government, ed upon it by or under this Act or lias failed to perform any of the dutiesimposed upon it by or under this Act the Stale Government may, if il considers such failure, excess, or abuse, to be of a serious nature notify the particulars thereof to the Council, and if the Council fails to remedy such failure, excess or abuse within such time as the State Government may fix il this behalf, the Stale Government may dissolve the Council for a period of two years which may be extended by the State Government for a period not exceeding one year at a time but the period of dissolution in the Aggregate dhall not exceed five years and cause all or any of the powers and duties of the Council to be axerdsed and performed by such person and for such period, as it may think fit and shall take steps to bring into existence a new Council.

23. (1) The Council shall furnish such reports, copies of its minutes, abstracts of its accounts, and other information to the State Government as the State Government may require.

(2) The State Government may publish in such manner as il may think fit, any report, copy, abstract or other information furnished to it under this section.

Information to be furnished by Council and publication thereof.

24. If any person whose name is not enrolled on the State Medical Penally. Register practises as a registered Medical Practitioner, he shall be punishable with regorous imprisonment for a term which amy extend to three years and with fine which may extend to five thousand rupees:

Provided that,—

(i) the person possessing Bachelor in Ayurvedic with Modern Medicineand Surgery degree and registered with the Madhya Pradesh Board of Ayurvedic and Unani systems of Medicine and Naturopathy shall not be punishable under this section for prescribing allopathic medicines or practising surgery if his registration /certificate authorises him to do so ; 1

(ii) the Medical Practitioner entitled to- the privileges of Section 27 ofthe Indian Medical Council Act, 1956 (No. 102 of 1956) shall not be punishable under this section for his non-registration in Madhya Pradesh.

25. No act or proceeding of the Council shall be invalid merely by Vacancy not to reason oif,— invalidate pro

ceeding etc

(a) any vacancy in, or defect in the constitution thereof; or

(b) any defect in^ the election or nomination of a person acting asmember thereof; or

(c) any irregularity in its procedure not affecting the merits of theeasel

126. No suit, prosecution or other legal proceeding shall lie against the pro(celiol, of

State Government, the Council or any Committee thereof, or any officer or action taken ir servant of the Government or the Council for anything which is in good ?ood faith, filth done or intended to l>c done, under this Act. ' Y

U4S

Power to make rides by State Government

Power to make regulations by Council.

Transitional :>n,visions.

_ 1

( _“E- n

tuwtst-rprnf, Fesra 24 1990 ___________ ______ ____ i 4-t9

30. The provisions ol this Act are in addition to. and no; in derogation Generalprovi- of, the provisions of the Indian Medical Council Act. 1956 (No. 102 of 1956), to°m^iic:f)Cable

containing general provisions applicable to all medical practitioners. practitioners.

31. As from the date of commencement of this Act. the following con- Repeal andother conserp.ien-

seijuences shall ensue, namely :— ceg

(a) the Central province and Berar Medical Registration Act, 1916(No. 1 of 1916), and the Madhya Pradesh Statutory Bodies (Regional Constitution) Act, 1956 (XVII of 1956), in so. far as it relates to the said Act, the Madhya Bharat Medical Practitioners Registration Act, 1954 (No. 16 of 1954) and the Medical Practitioners Registration: Act, 1935 (Bhopal Act VII of 1935), in so far as it relates to registered practitioners practising medicine as defined in clause (c) of Section 2 shall stand repealed;

(b) the Mahakoshal Medical Council, the Madhya Bharat (Region)Medical Council and the Medical Council established under Section 3 of the Medical Practitioners Registration Act. 1935

.. . (Bhopal Act VII of 1935) shall stand dissolved ;

(c) all assets and liabilities of the Councils referred to in clause (b)shall belong to and be deemed to be the assets and liabilities of the Council established or deemed to be established under Section 3 ;

(d) all records and papers belonging to the Councils referred to inclause (b) shall vest in and be transferred to the Council established or deemed to be established under Section1 3.

SCHEDULE

[See Section 2(d)]

Medical Institution by . which granted

Recognised Medical Qualification s

Abbreviation forregistration

0) (2) . 0)

Robortson MedicalSchool, Nagpur.

Rural medicalPractitioner.

R.M.P.

Diploma inMedical Practice.

D.M.P.

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MADHYA PRADESH ACT

NO. 9 OF 2016

THE MADHYA PRADESH AYURVIGYAN PARISHAD (SANSHODHAN) ADHINIYAM, 2015

(Received (he assent of die Governor on the 12,il January, 2016; assent first published in the “Madhya Pradesh Gazette (Extra-ordinary)”, dated the 39'*’ January, 2016.]

• An Act to amend the Madhya Pradesh Ayurvigyan Parishad Adhiniyam, 1987.

Be it enacted by the Madhya Pradesh Legislature in the sixty-sixth year of the Republic of India as follows:-

1. (1) This Act may be called the Madhya Pradesh Ayurvigyan Parishad Short title and (Sanshodhan) Adhiniyam, 2015. commencement.

(2) It shall come into force from the date of its publication in the Madhya Pradesh Gazette.

2. In Section 4 of the Madhya Pradesh Ayurvigyan Parishad Adhiniyam, 1987 (No. 11 of Amendment of 1990) (hereinafter referred to as the principal Act),- .section 4.

(i) in sub-section (I), for clause (c), the following clause shall be substituted, namely;—

“(c) Commissioner, Medical Education, Madhya Pradesh.”; -

(ii) in sub-section (2), for the words “Director of Medical Services”, the words “Commissioner, Medical. Education, Madhya Pradesh” shall be substituted.

3. In Schedule to. the principal Act, after the existing entries, the following, entries Amendment of shall be added, namely:- - Schedule.

“Bundelkhad Medical Bachelor of Medicine and Bachelor M.B.B.S.”.College, Sagar. 'of Surgery.

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MADHYA PRADESH ACT No. 8 of 2017 .

THE MADHYA PRADESH AYURVIGYAN PARISHAD • (SANSHODHAN) ADHINIYAM, 2016.

I Received the assent of the Governor on the 24th January, 2017; assent first published in the “Madhya Pradesh Gazette (Extra-ordinary)”, dated the 28th January, 2017.)

An Act to umend the Madhya Pradesh Ayurvigyan Parishad Adhiniyam, 1987.

Be il enacted by the Madhya Pradesh Legislature in the Sixty-seventh Year of the Republic of India, as follows ;—

Short title. 1. This Act may be called the Madhya Pradesh Ayurvigyan Parishad (Sanshodhan)Adhiniyam, 2016.

Ainendment of 2. In Section 24 of the Madhya Pradesh Ayurvigyan Parishad Adhiniyam, 1987Section 24. (No. 11 of 1990), in the proviso, after clause (i), the following clause shall be inserted, namely :—

"(ia) the persons posted in the Government health institutions or centers, of allopathic system of medicine and possessing graduate degree in Ayurvedic system and Unani system included in Second Schedule of the Indian Medicine Central Council Act, 1970 (No. 48 of 1970) and registered with the Madhya Pradesh Board of Ayurvedic, and Unani Systems of Medicine and Naturopathy and have undergone training specified by the Government, from time to time, shall also be eligible to prescribe medicines under modern scientific medicine Which is also known as "allopathy" and such other medical procedures to the extent of training provided under the Madhya Pradesh Ayurvedic, Unani Tatha Prakritik Chikitsa Vyavsayi Adhiniyam,. 1970 (No. 5 of 1971), and shall not be punishable under this section for prescribing allopathic medicines;”.

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