Special Information

Indian Medical Council Amendment Bill
The Indian Medical Council (Amendment) Bill, 2005
A
Bill
further to amend the Indian Medical Council Act, 1956
Be it enacted by Parliament in the Fifty-fifth Year of the Republic of India as follows :-
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Indian Medical Council Amendment Bill
Short title and commencement
1.
(1) This Act may be called the Indian Medical Council (Amendment) Act. 2005.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
Amendment of Section 2

2. In the Indian Medical Council Act, 1956 (hereinafter referred to as the principal Act) in section 2
(i) after clause (f), the following clause shall be inserted, namely :-
(fa) "member" means the member of the Council and includes the
President and the Vice-President, "
(ii) after clause (g), the following clause shall be inserted, namely :-
(gg) “President” means the President of the Council 102 of 1956
(iii) for clause (l), the following clause shall be substituted, namely :-
(l) “University" means a University defined under clause
(f) of section 2 of the University Grants Commission Act. 1956, and
includes an institution deemed to be a University under section 3 of
that Act and having a medical faculty;'

3 of 1956
(iv) after clause (l), the following clause shall be substituted, namely :-
(m) “Vice-President” means the Vice-President of the Council
Amendment of Section 3
3. In section 3 of the principal Act. :-
(a) in sub-section (1),-
(i) for clause (b), the following clause shall be substituted, namely:-
(b) one member from each State or Union territory, to be elected
from amongst themselves who are the members of the medical
faculty of the Universities in the State or the Union Territory which
are awarding recognized medical qualifications
(ii) for clause (c), the following clause shall be substituted, namely:-
(c) one member from each State in which a State Medical Register is
maintained, to be elected from amongst themselves who are the
members of the State Medical Council.
(iii) clause (d) shall be omitted
(iv) after clause (c), the following clause shall be inserted, namely:-
(f) the Director General of Health Services, ex officio;
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Indian Medical Council Amendment Bill
(g) the Director General (Armed Forces Medical Services), ex officio:
(h) the Director. All India Institute of Medical Sciences, New Delhi,
ex officio;
(i) the President, National Board of Examination New Delhi. ex
officio.;
(b) for sub-section (2), the following sub-section shall be substituted,
namely:-
(2) The President and the Vice-President of the Council shall be
elected by the members of the Council from amongst themselves:
Provided that no person shall hold office in any capacity whether as
the President or the Vice President for more than two terms.
Insertion of new section 3A
Reconstitution of Council
4. After section 3 of the principal Act, the following section shall be
inserted, namely:-
3A. (1) The Central Government shall, as soon as possible, after the
commencement or the Indian Medical Council (Amendment) Act.
2005, re-constitute the Council, and by notification in the Official
Gazette, publish thee names of the members nominated or elected
under subsection (1) of section 3.
(2) On and from the date or commencement or the Indian Medical
Council (Amendment) Act, 2005, the existing Council shall stand
dissolved and al1 the members of the Council shall vacate their
office
(3) The Central Government shall appoint a Board of Administrators
consisting of not more than five members headed by a Chief
Administrator, who are otherwise eligible to hold the office of the
members of the Council, which shall exercise the powers and
perform the functions of the Council till the new Council is reconstituted
under sub-section (1) or the expiry of six months,
whichever is earlier.
Amendment of section 4
5. In section 4 of the principal Act, -
(a) for sub-section (1), the following sub-section shall be substituted.
namely:-
(1) An election under clause (b) or clause (c) of sub-section (l) of
section 3 shall be conducted by such authority and in such manner
as may be prescribed by rules made by the Central Government.:-
(b) after sub-section (1), the following sub-section shall be inserted.
namely:-
(1 A) If the authority is unable to conduct its election refereed to in
sub section (1), within a period of three months from the date of
occurrence of the vacancy, it shall record the reasons thereof and the
Central Government, on being satisfied of the reasons shall till such
time the member is elected in accordance with the provision of subsection
(1), fill the vacancy:-
(a) falling under clause (b) of sub-section (1) of section 3, by
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Indian Medical Council Amendment Bill
nomination of:-
(i) the Vice-Chancellor in case of a State where the University of
Health Sciences has been established and in the event of his being
ineligible, any eligible member from the medical faculty of that
University in consultation with the State, or
(ii) an eminent member belonging to the medical faculty in case of a
State or Union territory having University with such faculty in
consultation with the State , and
(b) falling under clause (c) of sub-section (1) of section 3, by
nomination of person who is enrolled as a member on the State
Medical Register in the concerned State.
(c) And the member so nominated shall be deemed to have been
duly elected under section 3 and shall hold office till the expiry of
the term specified under sub section (2) of section 7 till such time the
member is elected in accordance with the provisions of sub section
(1) of the section whichever is earlier.
Amendment of Section 5 : In
section of the principal Act for sub
section (1) the following sub
section shall be submitted namely
(1) No person shall be eligible for nomination or election under subsection
(1) of section 3 and sub-sections (1A) and (1B) of section 4
unless he possesses any of the medical qualifications included in the
First and the Second Schedules and Part II of the Third Schedule,
and is permanently enrolled on any State Medical Register or the
Indian Medical Register:
Provided that no person shall be eligible for nomination under
clause (a) of sub-section (1) of section 3 unless he resides in the State
concerned and where a State Medical Register is maintained in that
State he is also enrolled on that Register.
Amendment of section 7
7. In section 7 of the principal Act. -
(a) for sub-section (2), the following sub-section shall be substituted,
name1y:-
(2) Subject to the provisions of this section, sub-section (1) of section
7A or section 7B, a member, other than an ex-officio member,
whether nominated or elected, shall hold office for a term of five
years from the date of issue of the notification appointing him as a
member of the Council by the Central Government:
Provided that no member shall continue to hold office beyond three
months after the expiry of his term of five years, unless renominated
or re-elected;
(b) After sub-section (3), the following sub-section shall be inserted,
namely :-
(3A). A member nominated under sub-section (1A) or sub-section
(1B) of section 4 shall be deemed to have vacated his seat from the
date of issue of the notification by the Central Government
appointing his duly elected successor in accordance with the
provisions of sub -section (1) of that section.
Insertion of new sections after
section 7
8. After section 7 of the principal Act, the following sections shall be
inserted, namely:-
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Indian Medical Council Amendment Bill
Removal of President, Vice-
President or member of Council
7A (1) The Council may recommend to the Central Government for
removal of the President, the Vice President or any member on the
grounds of misconduct or incapacity by a resolution passed by a
majority of the total membership of the Council excluding the
vacancies and a two-thirds majority of the members present and
voting after having given a reasonable opportunity of being heard,
and the Central Government may, after being satisfied of the
grounds on which such removal is recommended, remove the
President, the Vice-President or the member from the Council by
notification in the Official Gazette,
(2) When the President is removed by an order under sub-section
(I). during the period of such removal the powers and duties
conferred and imposed on the President under this Act shall be
exercised and performed by the Vice-President:
Provided that the President shall be elected in the manner provided
under this Act within the period of three months from the date on
which the order of his removal was issued under sub-section (I).
(3) Where the Vice-President is removed by an order under subsection
(1), during the period of such removal the Powers and duties
conferred and imposed upon the Vice-President by or under the Act
be exercised and performed by such person as the Central
Government may think fit from amongst the members of the
Council
Provided that the Vice-President shall be elected in the manner
provided under this Act within the period of three months from the
date on which the order of his removal was issued under subsection
(1)
Withdrawal or removal of
nominated members of Council
7B. Notwithstanding anything contained in section 7, if the Central
Government considers it to be expedient in the public interest or on
the recommendation of the State Government concerned that a
member nominated to the Council under clause (a) or clause (c) of
sub-section (1) of section 3 should withdraw from the Council, the
Central Government may give such direction and if the member
refuses to comply with the direction so given, it may, by order,
remove such member from the Council
Amendment of section 10
9: In section 10 of the principal Act, for sub-section (I), the following
sub-section shall be substituted, namely
(1) The Executive Committee, hereinafter referred to as the
Committee, shall consist of the President and the Vice-President
who shall be members ex officio other ex officio members under
clauses (f), (g), (h) and (i) of sub-section (1) of section 3 and nine
other members who shall be elected by the Council from amongst
its members.
Insertion of new sections after
section 30
10. After section 30 of the principal Act, the following sections shall
be inserted, namely:-
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Indian Medical Council Amendment Bill
Directions by Central Government
30A (1) In the discharge of its functions under this Act. the Council
shall be guided by such directions as may be given to it in the public
interest, by the Central Government.
(2) If any dispute arises between the Central Government and the
Council as to whether a question relates to public interest or not, the
decision of the Central Government thereon shall be final
Powers of Central Government to
dissolve executive Committee or to
remove from office President or
Vice President.
30B (1) If the Central Government is of the opinion that the
Executive Committee of the Council or the President or the Vice-
President is unable to perform or has made persistently defaults-
(a) in the performance of the duties imposed on it or him by or
under this Act or has exceeded or abused its or his powers; or
(b) either willfully or without sufficient cause in complying with
any direction issued by the Central Government under section 30A,
the Central Government may, by notification in the Official Gazette,
dissolve the Executive Committee or remove from office the
President or the Vice-President, as the case may be, for such period
not exceeding six months or till the new Committee is constituted or
a new President or Vice President is elected, as the case may be,
whichever is earlier:
Provided that before issue of such notification, the Central
Government shall give a reasonable time to the Executive
Committee or to the President or the Vice President to show cause
why it or he should not be dissolved or removed from office, as the
case may be, and shall consider the explanations and objections, if
any, of the Executive Committee or the President or the Vice-
President.
(2) Upon the publication of a notification under sub section (1)
dissolving the Executive Committee, or .removing from office the
President or tile Vice-President,-
(a) all the members of tile Executive Committee, or the President or
the Vice-President shall notwithstanding that their term of office
had not expired as from the date of dissolution or removal from
office, as the case may be, vacate their offices as such members or
the President or the Vice-President,
(b) all powers and duties which may, by or under the provisions of
this Act, be exercised or performed by or on behalf of the Executive
Committee or the President or the Vice-President shall, during the
period of dissolution or removal from office, as the case may be, be
exercised and performed by such person or persons as the Central
Government may think fit from amongst the members of the
Council:
Provided that the term of office of the person so appointed under
this sub-section shal1 not exceed a period of six months or till the
time a new Executive Committee is constituted or a new President
or Vice President is elected under sub-section (2) of section 3, as the
case may be, whichever is earlier,
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Indian Medical Council Amendment Bill
Amendment of section 32
11. In section 32 of the principal Act, -
(a) in sub-section (1), the brackets and figure (1) shall be omitted;
(b) sub-section (2) shall be omitted.
Insertion of new section 33A and
33B
12. After section 33 of the principal Act, the following sections shall
be inserted, namely :-
Powers of Central Government to
directions for making or amending
regulations
33A (1) Where the Central Government considers it expedient so to
do, it may, by order in writing, direct the Council to make any
regulation or to amend or revoke any regulation already made
within such period as it may specify in the behalf.
(2) If the Council fails or neglects to comply with such order within
the specified period, the Central Government may itself make the
regulations or amend or revoke the regulations made by the Council
Laying of rules, regulations and
notifications.
33B Every rule, regulation and notification made under this
Act shall be laid, as soon as may be after it is made, before each
House of Parliament., while it is in session, for a total period of
thirty days which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the session
immediately following the sessions or the successive sessions
aforesaid, both Houses agree in making any modification in the
rule, regulation or notification or both Houses agree that the
rule, regulation or notification should not be made, the rule,
regulation or notification shall, thereafter have effect only in
such modified form or be of no effect as the case may be; so,
however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done
under that rule, regulation or notification'
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