Jammu and Kashmir Medical Registration Act, 1998 (1941 A.D.)
No: 4 Dated: Jul, 02 1998
THE JAMMU AND KASHMIR MEDICAL REGISTRATION ACT, 1998 (1941 A.D.)
(Act No. IV of Samvat 1998)
Preamble.— Whereas it is expedient to provide for registration of a certain class of medical practitioners in the Jammu and Kashmir State ;
It is hereby enacted as follows :—
1. Short title.— This Act may be called the Jammu and Kashmir Medical Registration Act, 1998.
2. Extent.— It extends to the whole of Jammu and Kashmir State.
3. Commencement of Act.— This Act shall come into force on such date as the Government may notify in this behalf.
4. Definitions.— In this Act, unless there is something repugnant in the subject or context,—
(1) “the British Medical Acts” means Statutes 21 and 22, Victoria, Chapter 90 (The Medical Act) and any Act amending the same ;
(2) “Council” means the Medical Council established by this Act ;
(3) “Hospitals”, “asylums”, “infirmaries”, “dispensaries”, “lying-inhospitals” means institutions in which the methods or treatment carried on are those approved by the Medical Council established by this Act ;
(4) “prescribed” means prescribed by rules or bye-laws made under this Act ;
(5) “registered practitioner” means any person registered under the provisions of this Act.
5. Privileges of registered practitioners.— Notwithstanding anything to the contrary in any enactment, rule, bye-law, or any other provisions of law,—
(1) no certificate required by law to be given by a medical practitioner or officer shall be valid unless signed by a registered practitioner ;
(2) except with the general or special sanction of the Government, no one other than a registered practitioner shall be competent to hold any appointment as physician, surgeon or other medical officer in any hospital, asylum, infirmary, dispensary or lying-in-hospital, not being an institution avowedly maintained for the purpose of medical treatment according to the Homeopathic, Ayurvedic or Unani system not supported entirely by voluntary contribution or as Medical Officer of Health.
6. Constitution of Medical Council.—(1) A Medical Council shall be established for the Jammu and Kashmir State and shall consist of 2[thirteen] members including a President and a Vice-President, all of whom shall be actually residing within the State.
(2) The Council shall be appointed in the following manner :—
(a) a president to be nominated by the Government ;
(b) [three] members to be nominated by the Government, two of whom shall be medical practitioners not in Government employ ;
(c) six members to be elected by the registered practitioners who are graduates or post-graduates in medicine or surgery, three from the province of Jammu and three from province of Kashmir ;]
(d) two members to be elected by registered practitioners who are licentiates of an Indian College or School of Medicine, one from the Province of Jammu and one from the Province of Kashmir ;
(e) one member to be elected by women practitioners who are registered practitioners :
Provided that in the case of the first Council 2[established under this Act, after the commencement of the Jammu and Kashmir Medical Registration (Amendment) Act, 1966,] the members to be elected under clauses (c), (d) and (e) shall be nominated by the Government].
(3) The vice-president shall be elected by the members of the Council in the prescribed manner.