The Bihar and Orissa Medical Act, 1916

{
    "id": 15713,
    "slug": "the-bihar-and-orissa-medical-act-1916",
    "title": "The Bihar and Orissa Medical Act, 1916",
    "short_title": "The Bihar and Orissa Medical Act, 1916",
    "act_number": "Bihar and Orissa Act 2 of 1916",
    "act_year": 1916,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Bihar and Orissa Medical Act, 1916",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, local extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) the expression \"the Medical Acts\" means the Medical Act, 1858 and the Acts amending the same;\n(b) the expression \"the Council\" means the Council established under Section 3; and\n(c) the expression \"registered practitioner\" means any person registered under the provisions of this Act.\nThe Bihar [* * *] Council of Medical Registration\nThe Bihar [* * *] Council of Medical Registration\n[3. Establishment of the Bihar Medical Council.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "4",
            "title": "4. Constitution of Council.",
            "chapter": null,
            "content": "(a) Three members to be nominated by the Government.\n(b) Two members to be nominated by Aryabhatta Knowledge University from medical faculty.\n(c) one female member to be elected by and from such registered practitioners residing in the State.\n(d) Two members to be elected by and from the registered practitioners residing in the State of Bihar; and\n(e) Two members to be elected by and from the members of the Bihar Branch of the Indian Medical Association.\n(ii) No act done by the Council shall be questioned on the Ground merely of the existence of any vacancy in, or any defect in the constitution of the Council.\n(iii) No act of the Council or its officers shall be deemed to be invalid by reason only that the number of members did not, at the time of the performance of such act, amount to the number specified in this section.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "5",
            "title": "5. Nomination of members in default of election.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "6",
            "title": "6. Disqualifications for being elected or nominated as a member.",
            "chapter": null,
            "content": "(a) is not registered under this Act; or\n(b) has been sentenced by any Court for any non-bailable offence, such sentence not having been subsequently reversed, quashed, and such person's disqualification on account of such sentence not having been removed by an order which the [State] Government are hereby empowered to make, if they think fit, in this behalf; or (c) is an undischarged insolvent.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "7",
            "title": "7. Publication of names of members.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "8",
            "title": "8. Term of office of members",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "9",
            "title": "9. Leave of absence to members.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "10",
            "title": "10. Cessation of membership",
            "chapter": null,
            "content": "(a) on his absence without excuse sufficient in the opinion of the Council from three consecutive meetings of the Council, or\n(b) on his absence out of India for any period exceeding six consecutive months, or\n(c) on his becoming disqualified for election or nomination as a member for any of the reasons mentioned in Section 6.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "11",
            "title": "11. Filling of vacancies.",
            "chapter": null,
            "content": "12.\n(a) the times and places at which their meetings shall be held,\n(b) the issue of notices convening such meeting, and\n(c) the conduct of business there at:\n(i) no business shall be transacted at any meeting unless a quorum of [four] members be present; and\n(ii) save as provided in Section 17 and Section 25, all questions arising at any meeting shall be decided by the votes of the majority of the members present and voting, or, in case of an equality of votes, by the casting vote of the President, or, in his absence, of the members presiding at the meeting.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "13",
            "title": "13. Payment of travelling expenses to members.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "14",
            "title": "14. Registrar and establishment for the Council.",
            "chapter": null,
            "content": "(a) shall appoint a Registrar,\n(b) may grant leave to such Registrar and appoint a persons to act in his place, and\n(c) shall pay to the Registrar and to the person (if any) appointed to act in his place such salary and such allowances (if any) as the Council may determine.\nThe Register of Registered Practitioners\nThe Register of Registered Practitioners",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "15",
            "title": "15. Orders by Council for maintenance of register of Registered Practitioners.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "16",
            "title": "16. Maintenance of register by Registrar.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "17",
            "title": "17. Persons referred to in Schedule entitled to be registered.",
            "chapter": null,
            "content": "(a) who has been sentenced by any Court for any non-bailable offence, such sentence not having been subsequently reversed or quashed, and such person's disqualification on account of such sentence not having been removed by an order which the [State] Government are hereby empowered to make, if they think fit, in this behalf, or\n(b) whom the Council, after due inquiry (at which an opportunity has been given to him to be heard in his defence and to appear either in person or by counsel, vakil, pleader or attorney, and which may, in the discretion of the President, be held in camera), have found guilty, by a majority of two-thirds of the members present and voting at the meeting, of infamous conduct in any professional respect.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "18",
            "title": "18. Amendment of Schedule.",
            "chapter": null,
            "content": "(a) that any title granted or qualification certified by any University, Medical Corporation, examining body or other Institution is a sufficient guarantee that persons possessing such title or qualification possesses the knowledge and skill requisite for the efficient practice of medicine, surgery and midwifery, or\n(b) that any title or qualification referred to in Article 3 of the Schedule is not a sufficient guarantee as aforesaid, they may make a report to that effect to the [State] Government who may, if they think fit, [thereupon direct by notification] in the [Official Gazette] -\n(i) in case (a)-that the possession of such title or qualification shall, subject to the provision hereinafter contained and on payment of such fee as may be prescribed in this behalf by Regulation made under Section 33, entitle any person to have his name entered in the Registered Practitioners, or\n(ii) in case (b)-that the possession of such title or qualification shall not entitle any person to have his name entered in the said register;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "19",
            "title": "19. Power to Council to call for certain information from authorities of Medical College or School included or wishing to be included in Schedule.",
            "chapter": null,
            "content": "(a) to furnish such reports, returns, or other information as the Council may require to enable them to judge of the efficiency of the instruction given therein in medicine, surgery, and midwifery; and\n(b) to provide facilities to enable any member of the Council (deputed by the Council in this behalf) to be present at the examinations to be held by such College or School.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "20",
            "title": "20. Information to be furnished to Registrar with application for registration.",
            "chapter": null,
            "content": "(a) must satisfy the Registrar that he is possessed of some title or qualification referred to in the Schedules, as altered by notifications (if any) issued under Section 18; and\n(b) if he is registered under the Medical Acts-\n(i) must correctly inform the Registrar of the date of such registration, and\n(ii) must furnish the Registrar with a correct statement of the titles or qualifications in respect of which he is to be registered, and of the dates on which he obtained them, or\n(c) if he is not registered under the Medical Acts-Must correctly inform the Registrar of the dates on which he obtained the titles or qualifications which entitle-him to claim registration under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "21",
            "title": "21. Entry of new titles and qualifications in register.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "22",
            "title": "22. Disposal of fees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "23",
            "title": "23. Appeal to Council from decisions of Registrar.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "24",
            "title": "24. Erasure of fraudulent and incorrect entries.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "25",
            "title": "25. Power to Council to direct removal of names from register, and reentry of names therein.",
            "chapter": null,
            "content": "(a) that the name of any Registered Practitioner-\n(i) who has been sentenced by any Court for any non-bailable offence, such sentence not having been subsequently reversed or quashed and such person's disqualification on account of such sentence not having been removed by an order which the1 [State] Government are hereby empowered to make, if they think fit, in the behalf; or\n(ii) whom the Council, after due inquiry as provided in Clause (b) of Section 17, have found guilty, by a majority of two-thirds of the members present and voting at the meeting, of infamous conduct in any professional respect, be removed from the register of registered practitioners; and\n(b) that any name so removed be after ward re-entered in the register.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "26",
            "title": "26. Appeal to State Government from decision of Council.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "27",
            "title": "27. Bar of the suits and other legal proceedings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "28",
            "title": "28. Notice of deaths, and erasure of names from register.",
            "chapter": null,
            "content": "(i) any such certificate, or\n(ii) any other reliable information regarding such death, the Registrar of the Council shall erase the name of the deceased person from the register.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "29",
            "title": "29. Penalty on unregistered person representing that he is registered.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "30",
            "title": "30. Construction of references in Acts to medical practitioners.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "31",
            "title": "31. Unregistered persons not to hold certain appointments.",
            "chapter": null,
            "content": "[Medical Lists]\n[Medical Lists]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "32",
            "title": "32. Publication and use of Medical Lists.",
            "chapter": null,
            "content": "(a) all names entered in the register, arranged in alphabetical order;\n(b) the registered address or appointment of each person whose name is entered in the register; and\n(c) the registered titles and qualifications of each such person, and the date on which each such title was granted or each such qualification was certified.\n(a) the particulars specified in Clauses (a) to (c) of sub-section (1), in the manner therein laid down, in regard to the persons whose names have been entered in the register during the year to which such supplementary list appertains, and\n(b) the names of any persons which have been removed from the register during the said year]\nRules and Regulation\nRules and Regulation",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "33",
            "title": "33. Rules and Regulations.",
            "chapter": null,
            "content": "(a) to regulate electors under [Clauses (b) to (e) of sub-section (1) and sub-section (2) of Section 4] ;\n(b) to prescribe the form of the register of registered practitioners to be maintained under this Act;\n(c) to regulate the application of fees under Section 22; and\n(d) to regulate the procedure to be followed by the Council in-\n(i) conducting any inquiry referred to in proviso (b) to Section 17, or Clause (a) of Section 25; and\n(ii) disposing of appeals from the decision of the Registrar preferred under Section 23.\n(a) to prescribe the fees chargeable in respect of any registration under this Act; and\n(b) to regulate the keeping of accounts of such fees.\n34.\nThe Schedule\nPersons who are entitled to have their names entered in the Register of Registered Practitioners\nPersons who are entitled to have their names entered in the Register of Registered Practitioners\n(See Sections 17, 18, 19 and 20)\n(a) to practise medicine, surgery and midwifery, or\n(b) to perform the duties of a Military Assistant Surgeon, Hospital Assistant or Sub-Assistant Surgeon.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        }
    ],
    "metadata": {
        "Act ID": "bh438",
        "Act Number": "Bihar and Orissa Act 2 of 1916",
        "Enactment Date": "",
        "Act Year": "1916",
        "Short Title": "The Bihar and Orissa Medical Act, 1916",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}