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The Delhi Medical Council Act, 1997
The Delhi Medical Council Act, 1997
Sections
1. Short title, extent and commencement.
Section 12. Definitions.
Section 23. Constitution, functions and powers of the Council.
Section 34. Term of office.
Section 45. Casual vacancies.
Section 56. Resignation.
Section 67. Disqualification and disability.
Section 78. Meetings of Council.
Section 89. Proceedings of meetings and validity of acts.
Section 910. Powers, duties and functions of the Council.
Section 1011. Executive Committee.
Section 1112. Fee and allowances to members of the Council and of the Executive Committee.
Section 1213. Income and expenditure of the Council.
Section 1314. Appointment of Registrar and for Deputy Registrar of the Council, their duties and functions.
Section 1415. Preparation of Register.
Section 1516. Special procedure for registration in certain cases.
Section 1617. Persons who may not be registered.
Section 1718. Fee for and certificate of provisional registration.
Section 1819. Maintenance of register.
Section 1920. Publication of list of registered practitioner.
Section 2021. Disciplinary action including removal of names from the register.
Section 2122. Renewal of registration.
Section 2223. Appeals.
Section 2324. Rights of registered practitioners.
Section 2425. General provision application to medical practitioners.
Section 2526. Penalty for falsely claiming to be registered.
Section 2627. False assumption of Medical Practitioner or Practitioner under this Act to be an offence.
Section 2728. Court competent to try offence, under this Act and take cognizance of offence.
Section 2829. Control of Government.
Section 2930. Rules.
Section 3031. Code of Conduct and Ethics.
Section 3132. Power to remove difficulties.
Section 32
delhi-medical-council-act-1997.json
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32 Sections
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Delhi
{
"id": 27096,
"slug": "delhi-medical-council-act-1997",
"title": "The Delhi Medical Council Act, 1997",
"short_title": "The Delhi Medical Council Act, 1997",
"act_number": "(Delhi Act No. 5 of 1997)",
"act_year": 1997,
"act_type": "STATE",
"location": "Delhi",
"law_status": "unknown",
"enactment_date": "1997-02-11",
"description": "The Delhi Medical Council Act, 1997",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title, extent and commencement.",
"chapter": null,
"content": "",
"footnote": "",
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{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(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;\n(2) \"casual vacancy\" means a vacancy occurring otherwise than by efflux to time in any office filled by election or nomination;\n(3) \"Council\" means the Delhi Medical Council constituted under this Act;\n(4) \"Delhi\" means the National Capital Territory of Delhi;\n(5) \"Executive Committee\" means the Executive Committee of the Council constituted under Section 11;\n(6) \"Government\" means the Government of National Capital Territory of Delhi;\n(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);\n(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;\n(9) \"member\" means a member of the Council;\n(10) \"Prescribed\" means prescribed by rules made under this Act;\n(11) \"President\" means the President of the Council;\n(12) \"Vice-President\" means the Vice-President of the Council;\n(13) \"register\" means the register of medical practitioners prepared or deemed to be prepared and maintained under this Act;\n(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;\n(15) \"Registrar\" or \"Deputy Registrar\" means the Registrar or the Deputy Registrar, as the case may be, appointed under Section 14 of this Act;\n(16) \"rules\" means rules made under Section 31 of this Act;\n(17) \"section\" means a section of this Act.\nChapter II\nEstablishment of Council",
"footnote": "",
"is_definition": true,
"sort_order": 1
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{
"number": "3",
"title": "3. Constitution, functions and powers of the Council.",
"chapter": null,
"content": "(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\".\n(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.\n(3) The Council shall consist of the following members, namely:-\n(a) four members having registrable qualification as prescribed in the Indian Medical Council Act, 1956 (202 of 1956) to be nominated by the Government;\n(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;\n(c) nine members to be elected by registered practitioners from amongst themselves including one member elected by the Delhi Medical Association:\n(i) he is a citizen of India; and\n(ii) he either resides or carries on his profession or is employed in Delhi;\n(d) Dean of the Medical Faculty of the University of Delhi as ex-officio member; and\n(e) Director of Health Services of the Government as ex-oficio member.\n(4) The President and Vice-President shall be elected by the members from amongst themselves.\n(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.\n(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.\n(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.\n(8) Notwithstanding anything contained in sub-section (3)-\n(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\n(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.",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Term of office.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Casual vacancies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Resignation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Disqualification and disability.",
"chapter": null,
"content": "(a) if he is an undischarged insolvent; or\n(b) if he is of unsound mind and stands so declared by a competent court; or\n(c) if his name has been removed from the register and has hot been re-entered therein; or\n(d) if he is a whole-time officer or servant of the Council; or\n(e) if he has been convicted for an offence involving moral turpitude.",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Meetings of Council.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Proceedings of meetings and validity of acts.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Powers, duties and functions of the Council.",
"chapter": null,
"content": "(a) to maintain the live register and to provide for the registration of medical practitioners;\n(b) to hear and decide appeals against any decision of the Registrar;\n(c) to prescribe a code of ethics for regulating the professional conduct of practitioners;\n(d) to reprimand a practitioner, or to suspend or remove his name from the register, or to take such other disciplinary action against him as may, in the opinion of the Council be necessary or expedient;\n(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;\n(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 an the merits of the case and to initiate disciplinary action or award compensation and similarly to take action against frivolous complaints;\n(g) to provide protection to its members in discharging professional duties;\n(h) to ensure that no unqualified person practices modern scientific system of medicine.",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Executive Committee.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Fee and allowances to members of the Council and of the Executive Committee.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Income and expenditure of the Council.",
"chapter": null,
"content": "(a) registration fees received from the practitioners;\n(b) grants received from the Government, if any; and\n(c) any other sums raised by the Council.\n(i) salaries and allowances of the Registrar and the staff maintained by the Council;\n(ii) fees and allowances paid to the members of the Council and of the Executive committee;\n(iii) remuneration paid to the assessors; and\n(iv) such other expenses as are necessary for performing the duties and discharging the functions under this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Appointment of Registrar and for Deputy Registrar of the Council, their duties and functions.",
"chapter": null,
"content": "Chapter III\nPreparation and Maintenance of Register",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Preparation of Register.",
"chapter": null,
"content": "(b) Within a period of three months from the appointed days 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, to pay to the Registrar in the prescribed manner the prescribed fee if he desires 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.",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Special procedure for registration in certain cases.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. Persons who may not be registered.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Fee for and certificate of provisional registration.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Maintenance of register.",
"chapter": null,
"content": "(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 therefrom.",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Publication of list of registered practitioner.",
"chapter": null,
"content": "(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;\n(b) the names of all practitioners included in any subsisting list, whose names have since been removed an account of any reason whatsoever from, and not re-entered in, the register; and\n(c) any other amendments to the subsisting list.",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Disciplinary action including removal of names from the register.",
"chapter": null,
"content": "(i) a Chairman to be nominated by the Council;\n(ii) a Member of Legislative Assembly of the National Capital Territory of Delhi, nominated by the Speaker;\n(iii) a Legal Expert to be nominated by the Council;\n(iv) an eminent publicman nominated by the Government;\n(v) an eminent medical specialist in the relevant speciality to which the complaint pertains, to be nominated by the Council; and\n(vi) a member nominated by Medical Association of Delhi with minimum ten year standing.\n(a) issue a letter of warning to such practitioner; or\n(b) direct the name of such practitioner-\n(i) to be removed from the register for such period as may be specified in the aforesaid direction; or\n(ii) to be removed from the register permanently.\n(a) he 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 (2 of 1974), or\n(b) in the opinion of the Council his 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 Council Act, 1956 (102 of 1956) in this behalf.\n(d) enforcing the attendance of any person, and examining him on oath;\n(b) compelling the production of documents;\n(c) issuing of commissions for the examination of witnesses.\n(i) an advocate enrolled under the Advocates Act, 1961, or\n(ii) an attorney of a High Court.\n(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 advice is tendered after the Council or the Executive Committee has begun to deliberate as to its findings, every such patty or person as aforesaid shall be informed what advice the assessor 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 assessor on any such question as aforesaid.\n(c) Any assessor under this section may be appointed either generally, or to any particular inquiry, and shall be paid the prescribed remuneration.",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "22",
"title": "22. Renewal of registration.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "23",
"title": "23. Appeals.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "24",
"title": "24. Rights of registered practitioners.",
"chapter": null,
"content": "(i) the expression \"legally qualified medical practitioner\" or \"duly qualified medical practitioner\" or any word importing a person recognised by Paw as a medical practitioner or member of the medical profession shall in all Acts of the Legislative Assembly of Delhi and all the Central Acts (in their application to Delhi) in so far as such Acts relate to any matter with respect to which the Legislative Assembly has powers to make laws, under Clause (3) of Article 230 AA of the Constitution, include a practitioner whose name is entered in the register under this Act;\n(ii) every registered practitioner shall be exempt, if he so desires, from serving on an inquest.",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "25",
"title": "25. General provision application to medical practitioners.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "26",
"title": "26. Penalty for falsely claiming to be registered.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "27",
"title": "27. False assumption of Medical Practitioner or Practitioner under this Act to be an offence.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "28",
"title": "28. Court competent to try offence, under this Act and take cognizance of offence.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "29",
"title": "29. Control of Government.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "30",
"title": "30. Rules.",
"chapter": null,
"content": "(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;\n(b) the manner in which the meeting of the Council shall be convened, held and conducted under this sub-section (1) of Section 8;\n(c) the powers, duties and functions of the Council, the conditions 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;\n(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 provisions of Section 11;\n(e) the fees and allowances payable to the President, the Vice-president and other members of the Council, and to the members of its Executive Committee under Section 12;\n(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 Act, which may be performed and discharged by the Registrar;\n(g) the conditions of service of the officers and staff of the Council under sub-section (3) of Section 15;\n(h) preparation and maintenance of register of medical practitioners, the form of such register, particulars including the name, address and qualifications, etc. of the registered practitioners to be entered in the register, 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 fur sending individual notices, prescription of the form of certificate which shall be given to registered practitioner under Section 15;\n(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;\n(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;\n(k) the form of the list of Registered Medical Practitioners, and manner of the publication of the list under Section 20;\n(l) manner for taking disciplinary action, etc., against registered practitioners by the Council or by the Executive Committee, conditions subject to which and the tee for re-entering the name of a practitioner in the register and the remuneration to he paid to an assessor under Section 21;\n(m) form of notices and form of application for renewal of registration by Registered Medical Practitioners, fee payable for re-entry of name which is removed from the register due to non-renewal under Section 22;\n(n) the manner in which appeals against the decision of the Registrar shall be heard by the Council under Section 23;\n(o) officers who are empowered to make a complaint under sub-section (2) of Section 29;\n(p) any other matter which is to be, or may be, prescribed under this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "31",
"title": "31. Code of Conduct and Ethics.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "32",
"title": "32. Power to remove difficulties.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 31
}
],
"metadata": {
"Act ID": "dl129",
"Act Number": "(Delhi Act No. 5 of 1997)",
"Enactment Date": "11th February, 1997",
"Act Year": "1997",
"Short Title": "The Delhi Medical Council Act, 1997",
"Type": "UNION_TERRITORY",
"Location": "Delhi"
},
"updated_at": "2026-09-29 21:52:35"
}