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The Gujarat Medical Council ACT, 1967.
The Gujarat Medical Council ACT, 1967.
Sections
Section 1. Short title, extent and commencement.
Section 1Section 2. Definitions.
Section 2Section 2. Definitions. 1(a)
Section 2Section 2. Definitions. 1(b)
Section 2Section 2. Definitions. 1(c)
Section 2Section 2. Definitions. 1(d)
Section 2Section 2. Definitions. 1(e)
Section 2Section 2. Definitions. 1(f)
Section 2Section 2. Definitions. 1(g)
Section 2Section 2. Definitions. 1(h)
Section 2Section 2. Definitions. 1(i)
Section 2Section 2. Definitions. 1(j)
Section 2Section 2. Definitions. 1(k)
Section 2Section 2. Definitions. 1(l)
Section 2Section 2. Definitions. 1(m)
Section 2Section 3. Constitution and incorporation of the Council. 2
Section 3Section 4. Term of office. 2
Section 4Section 5. Casual vacancies. 3
Section 5Section 6. Resignation. 3
Section 6Section 7. Disqualification and disability. 3
Section 7Section 8. Meetings of Council. 4
Section 8Section 9. Proceedings of meetings and validity of acts. 4
Section 9Section 10. Powers, duties and functions of the Council. 4
Section 10Section 11. Executive Committee. 5
Section 11Section 12. Fees and allowances to members of the Council and Executive
Section 12Section 13. Income and expenditure of the Council. 5
Section 13Section 14. Appointment of Registrar of the Council, his duties and functions. 5
Section 14Section 15. Other employees of the Council. 6
Section 15Section 16. Preparation of register. 6
Section 16Section 17. Special procedure for registration in certain cases. 7
Section 17Section 18. Persons who may not be registered. 8
Section 18Section 19. Fee for and certificate of provisional registration. 8
Section 19Section 20. Maintenance of register. 8
Section 20Section 21. Publication of list of registered practitioners. 8
Section 21Section 22. Removal of names from the register. 9
Section 22Section 23. Renewal of registration. 10
Section 23Section 24. Appeals. 11
Section 24Section 25. Rights of registered practitioners. 11
Section 25Section 26. General provisions applicable to medical practitioners. 11
Section 26Section 27. Council authorised to call for information and attend examinations. 12
Section 27Section 28. Amendment of Schedule. 12
Section 28Section 29. Penalty for falsely claiming to be registered. 12
Section 29Section 30. Control of State Government. 12
Section 30Section 31. Rules. 13
Section 31Section 32. Repeal and saving. 13
Section 32Section 33. Provision regarding Registrar. 14
Section 33Section 34. Vesting of rights, duties, etc. 14
Section 34
gujarat-medical-council-act-1967.json
•
47 Sections
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Gujarat
{
"id": 637,
"slug": "gujarat-medical-council-act-1967",
"title": "The Gujarat Medical Council ACT, 1967.",
"short_title": "The Gujarat Medical Council ACT, 1967.",
"act_number": "10",
"act_year": 1968,
"act_type": "STATE",
"location": "Gujarat",
"law_status": "valid",
"enactment_date": "1968-04-15",
"description": "The Gujarat Medical Council ACT, 1967.",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "Section 1. Short title, extent and commencement.",
"chapter": null,
"content": "(1) This Act may be called the Gujarat Medical Council Act, 1967.\r\n(2) It extends to the whole of the State of Gujarat.\r\n(3) This section shall come into force at once; and the remaining\r\nprovisions of this Act shall come into force on such date as the State\r\nGovernment may, by notification in the Official Gazette, appoint.",
"footnote": "",
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"sort_order": 0
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{
"number": "2",
"title": "Section 2. Definitions.",
"chapter": null,
"content": "In this Act, unless the context otherwise requires,?\r\n",
"footnote": "",
"is_definition": false,
"sort_order": 1
},
{
"number": "2",
"title": "Section 2. Definitions. 1(a)",
"chapter": null,
"content": "(a) \"appointed day\" means the date on which the provisions of this Act\r\nother than section 1 come into force under sub-section (3) of section 1;",
"footnote": "",
"is_definition": true,
"sort_order": 2
},
{
"number": "2",
"title": "Section 2. Definitions. 1(b)",
"chapter": null,
"content": "(b) \"Council\" means the Gujarat Medical Council constituted under\r\nsection 3;",
"footnote": "",
"is_definition": true,
"sort_order": 3
},
{
"number": "2",
"title": "Section 2. Definitions. 1(c)",
"chapter": null,
"content": "(c) \"Executive Committee\" means the Executive Committee of the\r\nCouncil constituted under section 11;",
"footnote": "",
"is_definition": true,
"sort_order": 4
},
{
"number": "2",
"title": "Section 2. Definitions. 1(d)",
"chapter": null,
"content": "(d) \"medical practitioner\" or \"practitioner\" means a person who is\r\nengaged in the practice of modern scientific medicine in any of its branches\r\nincluding surgery and obstetrics, but not including veterinary medicine or\r\nsurgery or the Ayurvedic, Unani or Homoeopathic system of medicine;",
"footnote": "",
"is_definition": true,
"sort_order": 5
},
{
"number": "2",
"title": "Section 2. Definitions. 1(e)",
"chapter": null,
"content": "(e) \"member\" means a member of the Council;",
"footnote": "",
"is_definition": false,
"sort_order": 6
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{
"number": "2",
"title": "Section 2. Definitions. 1(f)",
"chapter": null,
"content": "(f) \"prescribed\" means prescribed by rules;",
"footnote": "",
"is_definition": false,
"sort_order": 7
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{
"number": "2",
"title": "Section 2. Definitions. 1(g)",
"chapter": null,
"content": "(g) \"President\" means the President of the Council;",
"footnote": "",
"is_definition": true,
"sort_order": 8
},
{
"number": "2",
"title": "Section 2. Definitions. 1(h)",
"chapter": null,
"content": "(h) \"register\" means the register of medical practitioners prepared or\r\ndeemed to be prepared and maintained under this Act;",
"footnote": "",
"is_definition": true,
"sort_order": 9
},
{
"number": "2",
"title": "Section 2. Definitions. 1(i)",
"chapter": null,
"content": "(i) \"registered practitioner\" means a medical practitioner whose name\r\nis for the time being entered in the register, but does not include a person\r\nwhose name is provisionally entered in the register;",
"footnote": "",
"is_definition": true,
"sort_order": 10
},
{
"number": "2",
"title": "Section 2. Definitions. 1(j)",
"chapter": null,
"content": "(j) \"Registrar\" means the Registrar appointed under section 33 or 14, as\r\nthe case may be;",
"footnote": "",
"is_definition": true,
"sort_order": 11
},
{
"number": "2",
"title": "Section 2. Definitions. 1(k)",
"chapter": null,
"content": "(k) \"rules\" means rules made under section 31;",
"footnote": "",
"is_definition": true,
"sort_order": 12
},
{
"number": "2",
"title": "Section 2. Definitions. 1(l)",
"chapter": null,
"content": "(l) \"Schedule\" means the Schedule appended to this Act;",
"footnote": "",
"is_definition": true,
"sort_order": 13
},
{
"number": "2",
"title": "Section 2. Definitions. 1(m)",
"chapter": null,
"content": "(m) \"Vice-President\" means the Vice-President of the Council.\r\n?. For Statement of Objects and Reasons, see Gujarat Government Gazette, Extraordinary,",
"footnote": "",
"is_definition": true,
"sort_order": 14
},
{
"number": "3",
"title": "Section 3. Constitution and incorporation of the Council. 2",
"chapter": null,
"content": "3. (1) With effect from such date as the State Government may, by\r\nnotification in the Official Gazette notify, there shall be constituted for the\r\npurposes of this Act a Council to be called \"the Gujarat Medical Council\".\r\n(2) The Council shall be a body corporate, having perpetual succession\r\nand a common seal, with power to acquire, hold and dispose of property,\r\nwhether moveable or immoveable and to contract and to do all things\r\nnecessary for the purposes of this Act, and may be the name aforesaid sue\r\nand be sued.\r\n(3) The Council shall consist of the following members, namely:-\r\n(a) five members to be nominated by the State Government, out of\r\nwhom not more than one may be a person who is not a practitioner;\r\n(b) one member from each University established by law in the State\r\nwhich has a medical faculty, elected by members of the medical faculty of the\r\nUniversity from amongst members thereof who are practitioners; and\r\n(c) six members to be elected by registered practitioners from\r\namongst themselves.\r\n(4) The President and Vice-President shall be elected by the members\r\nfrom amongst themselves.\r\n(5) The election of the members, and of the President and VicePresident, shall be held at such time, and it such place, and in such manner,\r\nas may be prescribed.\r\n(6) If at any election, the electors fail to elect the requisite number of\r\nmembers, or the President or the Vice-President, the State Government shall\r\nnominate such registered practitioner or practitioners as it deems fit, to fill\r\nup the vacancy or vacancies; and the practitioners so nominated shall be\r\ndeemed to have been duly elected under this section.\r\n(7) Where any dispute arises regarding any election of a member or the\r\nPresident or Vice-President, it shall be referred to the State Government, and\r\nthe decision of that Government shall be final.\r\n(8) Notwithstanding anything contained in sub-section (3)-\r\n(i) in respect of the constitution of the Council for the first time under\r\nthis Act, the members thereof shall be nominated by the State Government\r\nfrom amongst persons qualified to be elected or nominated as members of\r\nthe respective class;\r\n(ii) the members so nominated shall hold office for such period not\r\nexceeding three years in the aggregate as the State Government may, by\r\nnotification in the Official Gazette, specify.",
"footnote": "",
"is_definition": false,
"sort_order": 15
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{
"number": "4",
"title": "Section 4. Term of office. 2",
"chapter": null,
"content": "4. (1) The State Government shall, by notification in the Official Gazette,\r\npublish the names of the members, whether elected or nominated.\r\n(2) Save as otherwise provided by this Act, a member, whether elected\r\nor nominated, shall hold office for a term of five years from the date of\r\npublication of the notification under sub-section (1):\r\nProvided that, where a person is elected by members of medical faculty\r\nof a University, he shall cease to hold office as a member if he ceases to\r\nbelong to that faculty.\r\n(3) Save as otherwise provided by this Act, the President or the VicePresident shall hold office from the date of his election upto the day on which\r\nhis term of office as member expires.\r\nConstitution\r\nand\r\nincorporation\r\nof the\r\nCouncil.\r\nTerm of\r\noffice.\r\n?1968: Guj. 10] The Gujarat Medical Council Act, 1967.\r\n(4) The term of office of an outgoing member shall, notwithstanding\r\nanything contained in sub-section (2), be deemed to extend to and expire with\r\nthe day immediately preceding the day on which the names of the successor\r\nmembers are published under sub-section (1).\r\n(5) The term of office of an outgoing President or Vice-President shall,\r\nnotwithstanding anything contained in sub-section (3), be deemed to extend\r\nto and expire with the day immediately preceding the day on which the\r\nsuccessor President or Vice-President, as the case may be, is elected.\r\n(6) An outgoing member, President or Vice-President, shall be eligible for\r\nre-election or re-nomination.\r\n(7) Leave of absence may be granted by the Council to any member for a\r\nperiod not exceeding six months.",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "5",
"title": "Section 5. Casual vacancies. 3",
"chapter": null,
"content": "5. (1) Any casual vacancy, previous to the expiry of the term, in the office\r\nof the President or the Vice-President or a member elected under clause (b)\r\nor (c) of sub-section (3) of section 3, caused by reason of death, resignation,\r\ndisqualification or disability or any other reason, shall be filled by election:\r\nProvided that, any such vacancy in the office of an elected member\r\noccurring within six months prior to the date on which the term of office of all\r\nthe members expires, shall not be filled.\r\n(2) Any casual vacancy, previous to the expiry of the term, in the office\r\nof a member nominated under clause (a) of sub-section (3) or sub-section\r\n(8) of section 3 shall be reported forthwith by the Registrar to the State\r\nGovernment, and shall as soon as possible thereafter be filled by the State\r\nGovernment by nomination.\r\n(3) Any person elected under sub-section (1) or nominated under subsection (2) to fill a casual vacancy shall, notwithstanding anything contained\r\nin sub-section (8) of section 3 or section 4, hold office only so long as the\r\nperson in whose place he is elected or nominated would have held office, if\r\nthe vacancy had not occurred.",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "6",
"title": "Section 6. Resignation. 3",
"chapter": null,
"content": "6. (1) The President or the Vice-President may at any time resign his office\r\nby a notice in writing addressed to the Council and delivered to the Registrar.\r\nThe resignation shall take effect from the date on which it is accepted by\r\nthe Council or on the expiry of sixty days from the date of the delivery of the\r\nnotice, whichever event occurs earlier.\r\n(2) An elected member may at any time resign his office by a notice in\r\nwriting addressed to the President. A nominated member may at any time\r\nresign his office by a notice in writing addressed to the State Government.\r\nEvery such resignation shall take effect from the date on which it is accepted\r\nby the President or, as the case may be, the State Government or on the\r\nexpiry of sixty days from the date of the receipt of the notice. whichever event\r\noccurs earlier.",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "7",
"title": "Section 7. Disqualification and disability. 3",
"chapter": null,
"content": "7. (1) A person shall be disqualified for being elected or nominated as, for\r\ncontinuing as, a member,-\r\n(a) if he is an undischarged insolvent;\r\n(b) if he is of unsound mind and stands so declared by a competent\r\ncourt;\r\n(c) if his name has been removed from the register and has not been\r\nre-entered therein; or\r\n(d) if he is a whole-time officer or servant of the Council.\r\n(2) If any member absents himself from three consecutive meetings\r\nof the Council, without leave of the Council granted under sub-section (7) of\r\nCasual\r\nvacancies.\r\nResignation.\r\nDisqualification\r\nand disability.\r\n? The Gujarat Medical Council Act, 1967. [1968: Guj. 10 section 4 or without such reasons as may, in the opinion of the Council, be\r\nsufficient, the Council may declare his seat vacant and take steps to fill the\r\nvacancy.\r\n(3) If any member becomes or is found to be subject to any of the\r\ndisqualifications mentioned in sub-section (1), the Council shall submit a\r\nreport to the State Government, and the State Government, if satisfied about\r\nthe disqualification, shall declare his seat vacant",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "8",
"title": "Section 8. Meetings of Council. 4",
"chapter": null,
"content": "8. (1) The meetings of the Council shall be convened, held and conducted\r\nin such manner as may be prescribed.\r\n(2) The President, when present, shall preside at every meeting of the\r\nCouncil. If at any meeting the President is absent, the Vice-President, and in\r\nthe absence of both, some other member elected by the members present\r\nfrom amongst themselves, shall preside at such meeting.\r\n(3) All questions at a meeting of the Council shall he decided by majority\r\nof votes.\r\n(4) The presiding authority at a meeting shall have and exercise a\r\nsecond or casting vote, in case of an equality of votes.\r\n(5) Six members including the President and the Vice-President shall\r\nform a quorum. When a quorum is required but not present, the presiding\r\nauthority shall, after waiting for not less than twenty minutes for such quorum,\r\nadjourn the meeting to such hour on some future day as it may notify on the\r\nnotice board at the office of the Council; and the business which would have\r\nbeen brought before the original meeting had there been a quorum thereat,\r\nshall be brought before the adjourned meeting, and may be disposed of at\r\nsuch meeting or any subsequent adjournment thereof, whether there be a\r\nquorum present, or not.",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "9",
"title": "Section 9. Proceedings of meetings and validity of acts. 4",
"chapter": null,
"content": "9. (1) The proceedings of the discussion of every meeting of the Council,\r\nshall be treated as confidential; and no person shall, without the previous\r\nresolution of the Council, disclose any portion thereof:\r\nProvided that, nothing in this section shall be deemed to prohibit any\r\nperson from disclosing or publishing the text or any resolution adopted by\r\nthe Council, unless the Council directs such resolution also to be treated as\r\nconfidential.\r\n(2) No disqualification of or defect in the election or nomination of any\r\nperson as a member, or as the President, or as the Vice-resident, or as a\r\npresiding authority of a meeting, shall of itself be deemed to vitiate any act or\r\nproceedings of the Council in which such person has taken part, whenever\r\nthe majority of persons who are parties to such act or proceedings, were\r\nentitled to vote.\r\n(3) During any vacancy in the Council, the continuing members may\r\nact, as if no vacancy had occurred:\r\nProvided that, the number of vacancies shall at any time not exceed five.",
"footnote": "",
"is_definition": false,
"sort_order": 21
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{
"number": "10",
"title": "Section 10. Powers, duties and functions of the Council. 4",
"chapter": null,
"content": "10. Subject to such conditions as may be prescribed by or under the\r\nprovisions of this Act, the powers, duties and functions of the Council shall be-\r\n(a) to maintain the register, and to provide for the registration of medical\r\npractitioners;\r\n(b) to hear and decide appeals from any decision of the Registrar;\r\n(c) to prescribe a code of ethics for regulating the professional conduct\r\nof practitioners;\r\n(d) to reprimand a practitioner, or to suspend or remove him from the\r\nregister, or to take such other disciplinary action against him as may, in the\r\nopinion of the Council, be necessary or expedient;\r\nMeetings of\r\nCouncil.\r\nProceedings\r\nof meetings\r\nand validity\r\nof acts.\r\nPowers,\r\nduties and\r\nfunctions of\r\nthe Council.\r\n?1968: Guj. 10] The Gujarat Medical Council Act, 1967.\r\n(e) to exercise such other powers, perform such other duties and\r\ndischarge such other functions, as are laid down in this Act, or as may be\r\nprescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "11",
"title": "Section 11. Executive Committee. 5",
"chapter": null,
"content": "ommittee consisting of the President as ex-officio member and such number\r\nof other members, elected by the Council from amongst its members, as may\r\nbe prescribed.\r\n(2) The term of office of, and the manner of filling casual vacancies\r\namong, and the procedure to be followed by, the members of the Executive\r\nCommittee shall be such as may be prescribed.\r\n(3) In addition to the powers, duties and functions conferred, imposed\r\nand entrusted by this Act, the Executive Committee shall exercise such\r\npowers, perform such duties, and discharge such functions, of the Council\r\nas may be delegated to it by rules or entrusted to it, from time to time, by the\r\nCouncil.\r\n(4) The President shall be the ex-officio Chairman of the Executive\r\nCommittee.",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "12",
"title": "Section 12. Fees and allowances to members of the Council and Executive",
"chapter": null,
"content": "12. There shall be paid to the President, the Vice-President and other\r\nmembers of the Council, and to the members of its Executive Committee,\r\nsuch fees and allowances for attendance at meetings, and such reasonable\r\ntravelling allowance, as shall from time to time be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "13",
"title": "Section 13. Income and expenditure of the Council. 5",
"chapter": null,
"content": "13. (1) The income of the Council shall consist of?\r\n(a) fees received from the practitioners,\r\n(b) grants received from the State Government, if any, and\r\n(c) any other sums received by the Council.\r\n (2) It shall be competent for the Council to incur expenditure for the\r\nfollowing purposes, namely:?\r\n(a) salaries and allowances of the Registrar and the staff maintained\r\nby the Council;\r\n(b) fees and allowances paid to the members of the Council and the\r\nExecutive Committee;\r\n(c) remuneration paid to the assessors; and\r\n(d) such other expenses as are necessary for performing the duties\r\nand discharging the functions under this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 25
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{
"number": "14",
"title": "Section 14. Appointment of Registrar of the Council, his duties and functions. 5",
"chapter": null,
"content": "14. (1) The Council shall, with the previous sanction of the State\r\nGovernment, appoint a Registrar.\r\n (2) The Executive Committee may from time to time grant leave to the\r\nRegistrar:\r\nProvided that, if the period of leave does not exceed one month, the\r\nleave may be granted by the President.\r\n (3) During any temporary vacancy in the office of the Registrar due to\r\nleave or any other reason, the Executive Committee may, with the previous\r\nsanction of the State Government, appoint another person to act in his place,\r\nand any person so appointed shall, for the period of such appointment, be\r\ndeemed to be the Registrar for the purposes of this Act:\r\nProvided that, when the period of such vacancy does not exceed one\r\nmonth, the appointment may be made by the President, who shall forthwith report\r\nsuch appointment to the Executive Committee, and the State Government.\r\nExecutive\r\nCommittee.\r\nFees and\r\nallowances to\r\nmembers of\r\nthe Council\r\nand Executive\r\nCommittee.\r\nIncome and\r\nexpenditure of\r\nthe Council.\r\nAppointment\r\nof Registrar\r\nof the\r\nCouncil, his\r\nduties and\r\nfunctions.\r\n? The Gujarat Medical Council Act, 1967. [1968: Guj. 10 (4) The Council may, with the previous sanction of the State Government,\r\nsuspend, dismiss or remove any person appointed as the Registrar, or impose\r\nany other penalty upon him.\r\n(5) Save as otherwise provided by this Act, the salary and allowances\r\nand other conditions of service of the Registrar shall be such as may be\r\nprescribed.\r\n(6) The Registrar shall be the Secretary and the Executive Officer of\r\nthe Council. He shall attend all meetings of the Council, and of its Executive\r\nCommittee, and shall keep minutes of the names of members present and of\r\nthe proceedings at such meetings.\r\n(7) The accounts of the Council shall be kept by the Registrar, in the\r\nprescribed manner.\r\n(8) The Registrar shall have such supervisory powers over the staff as\r\nmay be prescribed, and may perform such other duties and discharge such\r\nother functions as may be specified in this Act, or as may be prescribed.\r\n(9) The Registrar shall be deemed to be a public servant within the\r\nmeaning of section 21 of the Indian Penal Code",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "15",
"title": "Section 15. Other employees of the Council. 6",
"chapter": null,
"content": "CHAPTER III\r\nPREPARATION AND MAINTENANCE OF REGISTER.\r\n15. (1) The Council may appoint such officers and servants, other than the\r\nRegistrar, as it may deem necessary for performing its duties and discharging\r\nits functions under this Act:\r\nProvided that, the number and designations of such officers and servants\r\nand their salaries and allowances shall be determined by the Council, with the\r\nprevious sanction of the State Government.\r\n(2) Notwithstanding anything contained in sub-section (1), but, subject\r\nto such financial limit as may be laid down in this behalf by the Council, it\r\nshall be competent for the Executive Committee to create temporary posts of\r\nclerks or servants and to make appointments thereto, to meet any temporary\r\nincrease in work, or to carry out any work of a seasonal character.\r\n(3) The other conditions of service of the officers and servants of the\r\nCouncil shall be such as may be prescribed.\r\n(4) The officers and servants of the Council appointed under this section\r\nshall be deemed to be public servants within the meaning of section 21 of the\r\nIndian Penal Code.",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "16",
"title": "Section 16. Preparation of register. 6",
"chapter": null,
"content": "16. (1) As soon as may be after the appointed day, the Registrar shall\r\nprepare and maintain thereafter a register of medical practitioners for the\r\nState, in accordance with the provisions of this Act.\r\n (2) The register shall he in such form, and may be divided into such\r\nparts, as may be prescribed. The register shall include the full name, address,\r\nand qualifications of the registered practitioner, the date on which each\r\nqualification was obtained, and such other particulars as may be prescribed.\r\n(3) Any person who possesses any of the qualifications specified in the\r\nSchedule to this Act or in the First, Second or Third Schedule to the Indian\r\nMedical Council Act, 1956, shall, subject to any conditions laid down by or\r\nunder the Indian Medical Council Act, 1956, at any time on an application made\r\nin the prescribed form to the Registrar and on payment of ?\r\n[the prescribed fee]\r\nand on presentation of his degree, diploma, licence or certificate, be entitled\r\nto have his name entered in the register:\r\n?. These words were substituted for the words \"a fee of fifty rupees\" by Guj. 7 of 1995, s.2.\r\nXLV of 1860.\r\nOther\r\nemployees\r\nof the\r\nCouncil.\r\nXLV of 1860.\r\nPreparation\r\nof register.\r\nCII of 1956.\r\n?1968: Guj. 10] The Gujarat Medical Council Act, 1967.\r\nProvided that the name of an applicant who is unable to present his degree,\r\ndiploma, licence or certificate may be entered in the register, if he satisfies\r\nthe President that he holds such degree, diploma, licence or certificate but\r\ncannot for sufficient cause present the same with his application.\r\n(4) The name of every person-\r\n(a) who, being entered, on or after the 1st May 1961 in the register\r\nduly kept under section 6 of the Bombay Medical Act, 1912 as in force in\r\nthe Bombay area of the State (hereinafter referred to as \"the Bombay\r\nArea Register\") stands entered in the said register on the day immediately\r\npreceding the appointed day, or\r\n(b) who stands entered in the register duly kept under section 6 of\r\nthe Bombay Medical Act, 1912 as adapted and applied to the Saurashtra\r\narea of the State, on the day immediately preceding the appointed day,\r\nshall be entered in the register prepared under this Act, without such person\r\nbeing required to make an application or to pay any fee for this purpose.\r\n(5) (a) Every person, whose name was entered on a date prior to the\r\n1st May 1961 in the Bombay Area Register and continued in such register on\r\nthe day immediately preceding the appointed day, shall be entitled to have\r\nhis name continued in the register prepared under this Act in accordance with\r\nprovisions of clause (b).\r\n(b) Within a period of three months from the appointed day or such\r\nfurther period as the State Government may allow, the Registrar shall publish\r\na general notice in the Official Gazette and in such newspapers, as the Council\r\nmay select, in such form as may be prescribed, calling upon every person to\r\nwhom clause (a) applies, to pay to the Registrar in the prescribed manner\r\na fee of five rupees if he desires to continue his name on the register under\r\nthis Act, and shall also send individual notice for a like purpose by registered\r\npost to every such person at his last known address in such form as may be\r\nprescribed. The name of every such person who pays such fee before the\r\nexpiry of the period of two months from the date of publication of the general\r\nnotice in the Official Gazette shall be continued on the register, without such\r\nperson being required to make an application or to pay any other fee for this\r\npurpose. If such fee is not paid within time, the Registrar shall remove the\r\nname of the defaulter from the register:\r\nProvided that, if any application for continuance of the name so removed\r\nis made to the Registrar within a period of six months from the last date on\r\nwhich such fee should have been paid, the name so removed may be reentered in the register on payment of a fee of ten rupees.\r\n(6) After the last date for payment of the fee of five rupees under clause\r\n(b) of sub-section (5) has expired and the register prepared in accordance\r\nwith the foregoing provisions is ready, the Registrar shall publish a notice in\r\nthe Official Gazette and such newspapers as the Council may select, about\r\nthe register having been prepared, and the register shall come into force from\r\nthe date of the publication of such notice in the Official Gazette.\r\n(7) Every registered practitioner shall be given a certificate of registration\r\nin the prescribed form. The registered practitioner shall display the certificate\r\nof registration in a conspicuous part in the place of his practice and if he has\r\nmore than one such place in any one of them.",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "17",
"title": "Section 17. Special procedure for registration in certain cases. 7",
"chapter": null,
"content": "17. (1) No person who possesses a medical qualification granted by any\r\nauthority in any place outside the territory of India (other than the qualifications\r\nspecified in the Second Schedule or the Third schedule to the Indian Medical\r\nBom. VI of\r\n1912.\r\nBom. VI of\r\n1912.\r\nSpecial\r\nprocedure for\r\nregistration\r\nin certain\r\ncases. CII of 1956.\r\n? The Gujarat Medical Council Act, 1967. [1968: Guj. 10 Council Act, 1956), shall be registered under this Act, unless the procedure\r\nspecified in sub-section (2) has been followed.\r\n(2) Any person, who holds any such medical qualification may apply to the\r\nCouncil for registration by giving a correct description of his qualification, with\r\nthe date on which it was granted, and by presentation of his degree, diploma,\r\nlicence or certificate. The Council shall transmit to the Central Government\r\nthe application with its opinion whether the medical qualification possessed\r\nby the applicant should be included in Part II of the Third Schedule to the\r\nIndian Medical Council Act, 1956. If the medical qualification is so included\r\nin pursuance of the provisions of sub-section (4) of Section 13 of that Act the\r\nCouncil may, subject to the provisions of that Act and on payment of ?\r\n[the\r\nprescribed fee], enter his name in the register under section 16.",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "18",
"title": "Section 18. Persons who may not be registered. 8",
"chapter": null,
"content": "18. Notwithstanding anything contained in sections 16 and 17, no person,\r\nwhose name has been removed whether before or after the appointed day,\r\nfrom any register kept under this Act or any other law for the time being in\r\nforce in India regulating the registration of medical practitioners on the ground\r\nof professional misconduct, shall be entitled to have his name entered in the\r\nregister, unless his name is duly ordered to be restored to the register from\r\nwhich it was so removed.",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "19",
"title": "Section 19. Fee for and certificate of provisional registration. 8",
"chapter": null,
"content": "19. (1) Any person who desires to be registered provisionally under section\r\n25 of the Indian Medical Council Act, 1956, shall make an application in the\r\nprescribed form to the Registrar and shall pay ?\r\n[the prescribed fee].\r\n(2) Every person whose name is entered in the register under subsection (I) shall be given a certificate of provisional registration in the\r\nprescribed form. Such certificate shall remain in force for such period as may\r\nbe specified therein.",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "20",
"title": "Section 20. Maintenance of register. 8",
"chapter": null,
"content": "20. (1) It shall be the duty of the Registrar to make entries in the register,\r\nfrom time to time, to revise the same and to issue certificates of registration\r\nin accordance with the provisions of this Act and the rules made thereunder.\r\n(2) The names of registered practitioners who die or whose names are\r\ndirected to be removed from the register under section 22 shall be removed\r\ntherefrom.\r\n(3) Any person whose name is entered in the register and who subsequent\r\nto his registration desires to record in the register any change in his name shall,\r\non an application made in this behalf and on payment of the prescribed fee be\r\nentitled to have such change in his name recorded in the register.\r\n(4) Subject to the provisions of section 26 of the Indian Medical Council\r\nAct, 1956, any person whose name is entered in the register and who\r\nsubsequent to his registration obtains any additional qualification specified\r\nin the Schedule to this Act or in any of the Schedules to the Indian Medical\r\nCouncil Act, 1956, shall on an application made in this behalf, and on payment\r\nof the prescribed fee, be entitled to have an entry stating such additional\r\nqualification made against his name in the register.\r\n(5) Where it is shown to the satisfaction of the Registrar that a certificate\r\nof registration has been lost or destroyed, the Registrar may, on payment of\r\nthe prescribed fee, issue a duplicate certificate.",
"footnote": "",
"is_definition": false,
"sort_order": 32
},
{
"number": "21",
"title": "Section 21. Publication of list of registered practitioners. 8",
"chapter": null,
"content": "21. (1) At such time after the publication of the notice under sub-section\r\n(6) of section 16 as the Council deems fit, and thereafter every five years, the\r\nRegistrar shall cause to be printed and published a correct list of all persons\r\nfor the time being entered in the register.\r\n?. These words were substituted for the words \"a fee of fifty rupees\" by Guj. 7 of 1995, s.3.\r\n?. These words were substituted for the words \"a fee of five rupees\", ibid., s.4.\r\nCII of 1956.\r\nPersons who\r\nmay not be\r\nregistered.\r\nFee for and\r\ncertificate of\r\nprovisional\r\nregistration.\r\nCII of 1956.\r\nMaintenance\r\nof register.\r\nCII of 1956.\r\nPublication\r\nof list of\r\nregistered\r\npractitioners.\r\n?1968: Guj. 10] The Gujarat Medical Council Act, 1967.\r\n(2) The Registrar shall cause to be printed and published annually on or\r\nbefore a date to be decided by the Executive Committee, an addendum and\r\na corrigendum to the list published under sub-section (1) showing-\r\n(a) the names of all persons for the time being entered or re-entered\r\nin the register, and not included in any subsisting list already printed and\r\npublished;\r\n(b) the names of all practitioners included in any subsisting list, whose\r\nnames have since been removed on account of any reason whatsoever from,\r\nand not re-entered in, the register; and\r\n(c) any other amendments to the subsisting list.\r\n(3) The form of the list published under sub-section (1), the particulars\r\nto be included therein, and the manner of its publication, shall be such as may\r\nbe prescribed.\r\n(4) A copy of the list referred to in sub-section (1), shall be evidence in\r\nall Courts, and in all judicial or quasi-judicial proceedings, that the persons\r\ntherein specified are registered according to the provisions of this Act, and\r\nthe absence of the name of any person from such copy shall be evidence,\r\nuntil the contrary is proved, that such person is not registered according to the\r\nprovisions of this Act:\r\nProvided that, in the case of any person whose name does not appear in\r\nsuch copy, a certified copy under the hand of the Registrar of the entry of the\r\nname of such person on the register shall be evidence that such person is\r\nregistered under the provisions of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "22",
"title": "Section 22. Removal of names from the register. 9",
"chapter": null,
"content": "22. (1) If a registered practitioner has been, after due inquiry held by the\r\nCouncil or by the Executive Committee in the prescribed manner, found guilty\r\nof any misconduct by the Council, the Council may-\r\n(a) issue a letter of warning to such practitioner, or\r\n(b) direct the name of such practitioner-\r\n (i) to be removed from the register for such period as may be\r\nspecified in the direction, or\r\n(ii) to be removed from the register permanently.\r\nExplanation. - For the purpose of this section a registered practitioner shall\r\nbe deemed to be guilty of misconduct if-\r\n(a) he is convicted by a criminal court for an offence which involves\r\nmoral turpitude and which is cognisable within the meaning of the Code of\r\nCriminal Procedure, 1898, or\r\n(b) he being subject to military law is convicted under the Army Act.\r\n1950 for an offence which is cognisable within the meaning of the Code of\r\nCriminal Procedure 1898, or\r\n(c) in the opinion of the Council his conduct is infamous in relation\r\nto the medical profession particularly under any Code of Ethics prescribed by\r\nthe Council or by the Medical Council of India constituted under the Indian\r\nMedical Council Act, 1956 in this behalf.\r\n(2) If the name of any such practitioner is also entered in-\r\n(a) the register or the list maintained under the Gujarat Medical\r\nPractitioners' Act, 1963, or\r\n(b) the register or the list maintained under the Gujarat Homoeopathic\r\nAct, 1963,\r\nRemoval of\r\nnames from\r\nthe register.\r\nXLVI of 1950.\r\nV of 1898.\r\nV of 1898.\r\nCII of 1950.\r\nGuj. 6 of\r\n1964.\r\n?? The Gujarat Medical Council Act, 1967. [1968: Guj. 10 It shall be the duty of the Registrar to give intimation of such removal to\r\nthe authority entitled to maintain the said register or the said list.\r\n(3) If the name of the registered practitioner is also entered in the register\r\nor the list, as the case may be, maintained under any of the laws referred to\r\nin sub-section (2) and it is removed from the said register or the said list, the\r\nCouncil shall if such removal comes or is brought to its notice, also remove\r\nthe name of such registered practitioner from the register under this Act.\r\n(4) The Council may, on sufficient cause being shown, direct at any\r\nsubsequent date that the name of a practitioner removed under sub-section\r\n(1) or (3) shall be re-entered in the register on such conditions, and on\r\npayment of such fee, as may be prescribed.\r\n(5) The Council may, of its own motion, or on the application of any person,\r\nafter due and proper inquiry and after giving an opportunity to the person\r\nconcerned of being heard, cancel or alter any entry in the register, if in the\r\nopinion of the Council? such entry was fraudulently or incorrectly made.\r\n(6) In holding any inquiry under this section, the Council or the Executive\r\nCommittee, as the case may be, shall have the same powers as are vested\r\nin Civil Courts under the Code of Civil Procedure, 1908 when trying a suit, in\r\nrespect of the following matters, namely:-\r\n(a) enforcing the attendance of any person, and examining him on oath;\r\n(b) compelling the production of documents;\r\n(c) issuing of commissions for the examination of witnesses.\r\n(7) All inquiries under this section shall be deemed to be judicial proceedings\r\nwithin the meaning of sections 193, 219 and 228 of the Indian Penal Code.\r\n(8) (a) For the purpose of advising the Council or the Executive Committee,\r\nas the case may be, on any question of law arising in any inquiry under this\r\nsection, there may in all such inquiries be an assessor, who has been for not\r\nless than ten years-\r\n(i) an advocate enrolled under the Advocates Act, 1961, or\r\n(ii) an attorney of a High Court.\r\nExplanation. - For the purposes of this clause, in computing the period\r\nduring which a person has been enrolled as an Advocate, there shall be\r\nincluded any period during which he was enrolled as an Advocate under the\r\nIndian Bar Councils Act, 1926.\r\n(b) Where an assessor advises the Council, or the Executive Committee,\r\non any question of law as to evidence, procedure or any other matter, he shall\r\ndo so in the presence of every party or person representing a party, to the\r\ninquiry who appears thereat or if the advice is tendered after the Council or\r\nthe Executive Committee has begun to deliberate as to its findings, every such\r\nparty or person as aforesaid shall be informed what advice the assessor has\r\ntendered. Such party or person shall also be informed if in any case the Council\r\nor the Executive Committee does not accept the advice of the assessor on any\r\nsuch question as aforesaid.\r\n(c) Any assessor under this section may be appointed either generally,\r\nor for any particular inquiries, or class of inquiries, and shall be paid the\r\nprescribed remuneration.",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "23",
"title": "Section 23. Renewal of registration. 10",
"chapter": null,
"content": "23. Notwithstanding anything contained in sections 16 and 21,?\r\n(a) on such date after the date of publication of the notice under subsection (6) of section 16, as the Executive Committee may with the previous\r\nsanction of the State Government decide, and every five years thereafter,\r\nGuj. XXXVI\r\nof 1963.\r\nV of 1908.\r\nXLV of 1860.\r\nXXV of 1961.\r\nXXVIII of 1926.\r\nRenewal of\r\nregistration.\r\n??1968: Guj. 10] The Gujarat Medical Council Act, 1967.\r\nthe Registrar shall cause two notices in the prescribed form to be published,\r\nat an interval of not less than thirty days, in the Official Gazette calling upon\r\nin the manner provided in clause (b) all registered practitioners to make an\r\napplication to the Registrar for the continuance of their names on the register;\r\n(b) the Registrar shall, after the publication of the first notice under clause\r\n(a), send a notice by registered post enclosing therewith the prescribed form\r\nof application to the registered practitioners at their address as entered in the\r\nregister, calling upon them to return the application to the Registrar for the\r\ncontinuance of their names on the register within forty-five days of the date of\r\nthe notice. If any of the registered practitioners fails to return such application\r\nwithin the time specified, the Registrar shall issue a further notice to such\r\nregistered practitioner by registered post after the publication of the second\r\nnotice under clause (a) enclosing therewith the prescribed form of application\r\ncalling upon him to return the application to the Registrar for the continuance\r\nof his name on the register within thirty days of the date of the further notice,\r\ntogether with ?\r\n[the prescribed fee];\r\n(c) if the application is not made on or before the date fixed by the\r\nfurther notice sent by registered post under clause (b) the Registrar shall\r\nremove the name of the defaulter from the register and shall inform him of\r\nsuch removal by registered post:\r\nProvided that, if an application for continuance of the name so removed is\r\nmade within a period of six months from the date fixed by the said notice sent\r\nby registered post under clause (b), the name so removed may be re-entered\r\nin the register on payment of ?\r\n[the prescribed fee].",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "24",
"title": "Section 24. Appeals. 11",
"chapter": null,
"content": "24. (1) Any person aggrieved by any decision of the Registrar under this\r\nAct may, within a period of one month from the date on which the decision is\r\ncommunicated to him, appeal to the Council which shall hear and determine\r\nthe appeal in the prescribed manner.\r\n(2) Save as otherwise provided in the Indian Medical Council Act, 1956,\r\nevery decision of the Council under this Act shall be final.",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "25",
"title": "Section 25. Rights of registered practitioners. 11",
"chapter": null,
"content": "25. Notwithstanding anything contained in any law for the time being in\r\nforce-\r\n(i) the expression 'legally qualified medical practitioner' or \"duly qualified\r\nmedical practitioner\" or any word importing a person recognised by law as a\r\nmedical practitioner or member of the medical profession shall in all Acts of\r\nthe State Legislature and in all Central Acts (in their application to the State)\r\nin so far as such Acts relate to any matters specified in List II or List III in the\r\nSeventh Schedule to the Constitution of India, include a practitioner whose\r\nname is entered in the register under this Act;\r\n(ii) every registered practitioner shall be exempt, if he so desires, from\r\nserving on an inquest.",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "26",
"title": "Section 26. General provisions applicable to medical practitioners. 11",
"chapter": null,
"content": "26. The provisions of this Act are in addition to, and not in derogation of,\r\nthe provisions of the Indian Medical Council Act, 1956, and of Chapter V of\r\nthe Gujarat Medical Practitioners Act, 1963, containing general provisions\r\napplicable to all medical practitioners",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "27",
"title": "Section 27. Council authorised to call for information and attend examinations. 12",
"chapter": null,
"content": "27. The Council shall have authority to call on the governing body or\r\nauthorities of any Medical College or School and on any examining body\r\nincluded in or desirous of being included in the Schedule,\r\n(a) to furnish such particulars as the Council shall require of any course\r\nof study prescribed or examination held by such body or authority or in\r\nsuch school or college with reference to the grant of any medical or surgical\r\nqualification, and\r\n(b) to permit such person or persons as is or are, in the opinion of the\r\nCouncil, specially q",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "28",
"title": "Section 28. Amendment of Schedule. 12",
"chapter": null,
"content": "28. (1) If it shall appear to the State Government, on the report of the\r\nCouncil or otherwise, that the course of study and examinations prescribed\r\nby any University, college, body or institution, conferring a degree, diploma,\r\nlicence or certificate or any other like award, not entered in the Schedule to\r\nthis Act or in any of the Schedules to the Indian Medical Council Act, 1956,\r\nis such as to secure the possession by persons obtaining such degree,\r\ndiploma, licence, certificate or award of the requisite knowledge and skill for\r\nthe efficient practice of their profession as medical practitioners, it shall be\r\nlawful for the State Government from time to time by notification in the Official\r\nGazette, to amend the Schedule and to direct the inclusion therein of any\r\nsuch qualification, subject to such conditions (if any), as may be specified in\r\nrespect of that qualification.\r\n(2) If at any time it appears to the State Government, on the report of the\r\nCouncil or otherwise, that the course of study or the examinations prescribed\r\nby any University, college, body or institution, for any degree, diploma, licence,\r\ncertificate or award, which is included in the Schedule to this Act are not such\r\nas to secure the possession by persons obtaining such qualification of the\r\nrequisite knowledge and skill for the efficient practice of their profession, as\r\nmedical practitioners or to secure the maintenance of an adequate standard\r\nof proficiency for such practice, it shall be lawful for the State Government\r\nfrom time to time to direct the removal of any such qualification from the said\r\nSchedule or to impose such further conditions therefor as it deems fit:\r\nProvided that, no notification for amendment of the Schedule under subsection (I) or sub-section (2) shall be issued by the State Government, without\r\nconsulting the Council:\r\nProvided further that, before making any recommendation to the State\r\nGovernment under this section to remove any degree, diploma, licence,\r\ncertificate or award, from the Schedule, the Council shall require the University,\r\ncollege, body or institution to take steps as may be directed by the Council,\r\nand within such reasonable time as the Council may prescribe, to bring the\r\ncourse of study or examination for such degree, diploma, licence, certificate\r\nor award, to the required standard",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "29",
"title": "Section 29. Penalty for falsely claiming to be registered. 12",
"chapter": null,
"content": "29. If any person whose name is not for the time being entered in the\r\nregister falsely represents that it is so entered, or uses in connection with his\r\nname or title any words or letters reasonably calculated to suggest that his\r\nname is so entered, he shall, on conviction, be punished with fine which may\r\nextend to five hundred rupees",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "30",
"title": "Section 30. Control of State Government. 12",
"chapter": null,
"content": "30. (1) If at any time it appears to the State Government that the Council\r\nor its President or Vice-President has failed to exercise or has exceeded or\r\nabused any of the powers conferred upon it or him by or under this Act, or\r\nCouncil\r\nauthorised\r\nto call for\r\ninformation\r\nand attend\r\nexaminations.\r\nAmendment\r\nof Schedule.\r\nCII of 1956.\r\nPenalty\r\nfor falsely\r\nclaiming\r\nto be\r\nregistered.\r\nControl\r\nof State\r\nGovernment.\r\n??1968: Guj. 10] The Gujarat Medical Council Act, 1967.\r\nhas ceased to function, or has become incapable of functioning, the State\r\nGovernment may, if it considers such failure, excess, abuse or incapacity to\r\nbe of a serious character, notify the particulars thereof to the Council or the\r\nPresident or the Vice-President, as the case may be. If the Council or the\r\nPresident or the Vice-President, as the case may be fails to remedy such\r\nfailure, excess, abuse or incapacity within such reasonable time as the State\r\nGovernment may fix in this behalf, the State Government may remove the\r\nPresident or Vice-President or dissolve the Council, as the case may be, and\r\nin case of dissolution of the Council cause all or any of the powers, duties and\r\nfunctions of the Council to be exercised, performed and discharged by such\r\nperson or persons and for such period not exceeding two years, as it may\r\nthink fit, and shall take steps to constitute a new Council.\r\n(2) Notwithstanding anything contained in this Act, or in the rules made\r\nthereunder, if at any time it appears to the State Government that the Council\r\nor any other authority empowered to exercise any of the powers or to perform\r\nany of the duties or functions under this Act, has not been validly constituted\r\nor appointed, the State Government may cause any of such powers, duties\r\nor functions to be exercised or performed by such person or persons, in such\r\nmanner and for such peri",
"footnote": "",
"is_definition": false,
"sort_order": 42
},
{
"number": "31",
"title": "Section 31. Rules. 13",
"chapter": null,
"content": "31. (1) The State Government may, by notification in the Official Gazette,\r\nand subject to the condition of previous publication, make rules to carry out\r\nthe purposes of this Act.\r\n(2) In particular, and without prejudice to the generality of the foregoing\r\npower, such rules may be made-\r\n(a) for the whole or any part of the State, and\r\n(b) to provide for all or any matters expressly required or allowed by\r\nthis Act to be prescribed by rules.\r\n(3) All rules made under this section shall be laid for not less than thirty\r\ndays before the State Legislature as soon as possible after they are made\r\nand shall be subject to rescission by the Legislature or to such modifications\r\nas the Legislature may make during the session in which they are so laid or\r\nthe session immediately following.\r\n(4) Any rescission or modifications so made by the Legislature shall be\r\npublished in the Official Gazette, and shall thereupon take effect.",
"footnote": "",
"is_definition": false,
"sort_order": 43
},
{
"number": "32",
"title": "Section 32. Repeal and saving. 13",
"chapter": null,
"content": "32. (1) Subject to the provisions of this Chapter, with effect on and from the\r\ndate on which the Council is constituted under this Act under sub-section (8)\r\nof section 3 (hereinafter in this Chapter referred to as \"the specified date\")-\r\n(a) the Bombay Medical Act, 1912, as in force in the Bombay area of\r\nthe State,\r\n(b) the Bombay Medical Act, 1912, as adapted and applied to the\r\nSaurashtra area of the State, and\r\n(c) the Bombay Medical Act, 1912 as applied to the Kutch area of the\r\nState,\r\nshall stand repealed.\r\n(2) With effect on and from the specified date,-\r\n(a) the Gujarat (Bombay Area) Medical Council constituted under\r\nsection 2 read with section 2B of the Bombay Medical Act, 1912, as in force\r\nin the Bombay area of the State, and\r\nRules.\r\nRepeal and\r\nsaving.\r\nBom. VI of\r\n1912.\r\nBom. VI of\r\n1912.\r\nBom. VI of\r\n1912.\r\nBom. VI of\r\n1912.\r\n?? The Gujarat Medical Council Act, 1967. [1968: Guj. 10 (b) the Saurashtra Medical Council constituted under section 2 of the\r\nBombay Medical Act, 1912, as adapted and applied to the Saurashtra area\r\nof the State, shall stand dissolved and all the members thereof shall vacate\r\noffice.\r\n(3) The registers kept or maintained or deemed to be kept or maintained\r\nunder the Acts so repealed which are in force immediately before the specified\r\ndate, shall be deemed to be the registers prepared under this Act, until the\r\nregister prepared under section 16 comes into force under sub-section (6)\r\nthereof.\r\n(4) Anything done or any action taken (including any appointment or\r\napplication made, rule, notification, order or direction issued or fee levied or\r\ncertificate or notice given) under any of the Acts so repealed and subsisting\r\nimmediately before the specified date shall, in so far as it is not inconsistent\r\nwith the provisions of this Act and unless the State Government otherwise\r\ndirects, be deemed to have been made, issued, levied or given under the\r\nrelevant provisions of this Act, and be in force accordingly, unless and until\r\nsuperseded by anything done or any action taken under this Act:\r\nProvided that the rules made under the Bombay Medical Act, 1912, as in\r\nforce in the Bombay Area of the State and in force immediately before the\r\nspecified date shall, in so far as they are not inconsistent with the provisions\r\nof this Act, be deemed to be rules made in relation to the whole of the State\r\nof Gujarat and continue in force accordingly until they are superseded by\r\nanything done or any action taken under this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 44
},
{
"number": "33",
"title": "Section 33. Provision regarding Registrar. 14",
"chapter": null,
"content": "33. The Registrar appointed under section 5 of the Bombay Medical Act,\r\n1912, by the Guiarat (Bombay Area) Medical Council constituted under\r\nsection 2B of the said Act, and holding office immediately before the specified\r\ndate shall as from the said date be deemed to be appointed as the Registrar\r\nof the Council constituted under this Act, on the same terms and conditions\r\nas were applicable to him immediately before that date and until they are duly\r\nvaried by a competent authority under this Act. The service rendered by such\r\nRegistrar before the specified date shall be deemed to be service rendered\r\nunder the Council.",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
{
"number": "34",
"title": "Section 34. Vesting of rights, duties, etc. 14",
"chapter": null,
"content": "nything repugnant in the subject or the context-\r\n(1) all rights of the Medical Councils dissolved under section 32\r\n(hereinafter in this section referred to as \"the dissolved Councils\") shall on\r\nthe specified date vest in the Council constituted under section 3 (hereinafter\r\nin this section referred to as \"the Council\"),\r\n(2) all the property moveable or immoveable which on the day\r\nimmediately preceding the specified date vested in the dissolved Councils\r\nshall, subject to all limitations and conditions as were in force on the day\r\nimmediately preceding the specified date vest in the Council,\r\n(3) all sums due to a dissolved Council on any account, shall be\r\nrecoverable by the Council which shall be competent to take any measure\r\nor institute any proceedings which it would have been open to the dissolved\r\nCouncil to take or institute if this Act had not come into operation,\r\n(4) all debts, liabilities and obligations incurred by or on behalf of a\r\ndissolved Council immediately before the specified date and subsisting on the\r\nsaid date shall be deemed to have been incurred by the Council in exercise\r\nof the powers conferred on it by this Act and shall continue in operation\r\naccordingly,\r\nBom. VI of\r\n1912.\r\nBom. VI of\r\n1912.\r\nProvision\r\nregarding\r\nRegistrar.\r\nBom. VI of\r\n1912.\r\nVesting\r\nof rights,\r\nduties, etc.\r\n??1968: Guj. 10] The Gujarat Medical Council Act, 1967.\r\n(5) all proceedings and matters pending before any authority or officer\r\nimmediately before the specified date under any of the Acts repealed under\r\nsection 32 shall be deemed to be transferred to and continued before\r\nthe corresponding authority under this Act, competent to entertain such\r\nproceedings and matters,\r\n(6) all prosecutions instituted by or on behalf of or against a dissolved\r\nCouncil and all suits and other legal proceedings instituted by or on behalf of\r\nor against any dissolved Council or any officer of such Council on behalf of\r\nthe dissolved Council, pending on the specified date, shalll be continued by\r\nor against the Council,\r\n(7) all officers and servants (except the Registrar for whom provision\r\nhas been made in section 33) in the employ of the dissolved Councils and\r\nholding office immediately before the specified date shall be deemed to\r\nbe the officers and servants appointed to serve the Council and shall, until\r\nprovision is otherwise made in accordance with the provisions of this Act,\r\nreceive salaries and allowances and be subject to the conditions of service\r\nor retirement benefits to which they were entitled to or subject to on the day\r\nimmediately preceding the specified date:\r\nProvided that, the service rendered by such officers and servants before\r\nthe specified date shall be deemed to be service rendered under the Council:\r\nProvided further that if in the opinion of the Council the services of any such\r\nofficer or servant are not necessary or such officer or servant is not suitable\r\nto the requirement of service, the Council may, with the previous approval of\r\nthe State Government, terminate the services of such officer or servant and\r\nany officer or servant whose services are so terminated shall be entitled to\r\nreceive from the Council such leave, pension, gratuity or other benefits as he\r\nwould have, had this Act not been passed, been entitled to receive on being\r\ninvalided out of service of the respective dissolved Councils, and shall be\r\nentitled to receive such additional amount by way of compensation as the\r\nCouncil may, with the sanction of the State Government, determine.",
"footnote": "",
"is_definition": false,
"sort_order": 46
}
],
"metadata": {
"Act ID": "196810",
"Act Number": "10",
"Enactment Date": "1968-04-15",
"Act Year": "1968",
"Short Title": "The Gujarat Medical Council ACT, 1967.",
"Department": "Health and Family Welfare Department",
"Type": "STATE",
"Location": "Gujarat"
},
"updated_at": "2026-09-29 21:52:48"
}