The Delhi Medical Council Act, 1997
No: 5 Dated: Feb, 11 1997
The Delhi Medical Council Act, 1997
(Delhi Act No. 5 of 1997)
An Act to provide for the constitution of the Delhi Medical Council, and 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 National Capital Territory of Delhi and for matters connected therewith.
Be it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Forty-eighth year of the Republic of India as follows:-
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Delhi Medical Council Act, 1997.
(2) It extends to the whole of the National Capital Territory of Delhi.
(3) This section shall come into force at once, and the remaining provisions of this Act shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.
2. Definitions. - In this Act, unless the context otherwise requires-
(1) "appointed day" means the date on which the provisions of this Act other than Section 1 shall come into force under sub-section (3) of Section 1;
(2) "casual vacancy" means a vacancy occurring otherwise than by efflux to time in any office filled by election or nomination;
(3) "Council" means the Delhi Medical Council constituted under this Act;
(4) "Delhi" means the National Capital Territory of Delhi;
(5) "Executive Committee" means the Executive Committee of the Council constituted under Section 11;
(6) "Government" means the Government of National Capital Territory of Delhi;
(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 Schedule to the Indian Medical Council Act, 1956 (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 Homoeopathic or the Ayurveda or the Siddha or the Unani system of medicine and the expression "medical" shall be construed accordingly;
(9) "member" means a member of the Council;
(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 practitioner" means a medical practitioner having registrable qualification as prescribed in the Indian Medical Council Act, 1956 (102 of 1456) 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 Council
3. Constitution, functions and powers of the Council. - Constitution and incorporation of the Council-
(1) With effect form such date as the Government may, by notification in the Official Gazette notify, there shall be constituted for the purposes of this Act a Council to be called "the Delhi 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 aforesaid sue or be sued.
(3) The Council shall consist of the following members, namely:-
(a) four members having registrable qualification as prescribed in the Indian Medical Council Act, 1956 (202 of 1956) to be nominated by the Government;
(b) one member from each medical college established by law in Delhi having a medical faculty, elected by members of the medical faculty of that college from amongst its permanent members of teaching faculty;
(c) nine members to be elected by registered practitioners from amongst themselves including one member elected by the Delhi Medical Association:
Provided that no registered practitioner shall be entitled to vote or stand as a candidate foe election, unless:
(i) he is a citizen of India; and
(ii) he either resides or carries on his profession or is employed in Delhi;
(d) Dean of the Medical Faculty of the University of Delhi as ex-officio member; and
(e) Director of Health Services of the Government as ex-oficio member.
(4) The President and Vice-President 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, of 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 the period till 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 o f the respective category; and
(b) the members so nominated shall hold office for such period not exceeding three years in the aggregate as the Government may, by notification in the Officer Gazette, specify.