State of Goa - Act
The Goa Medical Council Rules, 1995
GOA
India
India
The Goa Medical Council Rules, 1995
Rule THE-GOA-MEDICAL-COUNCIL-RULES-1995 of 1995
- Published on 4 July 1996
- Commenced on 4 July 1996
- [This is the version of this document from 4 July 1996.]
- [Note: The original publication document is not available and this content could not be verified.]
9.
-3-94-IV/PHD. - Whereas vide Notification No. 9-3-94-IV/PHD dated 30-1-95, published in Official Gazette, Series I No. 3 dated 20-4-95, the draft Goa Medical Council Rules, 1995, were pre-published as required by sub-section (1) of section 28 of the Goa Medical Council Act, 1991 (Goa Act 6 of 1991) inviting suggestions/objections from the persons likely to be affected thereby, within a period of 30 days from the date of publication of the said Notification in the Official Gazette.And whereas the said Gazette was made available to the public on 20-4-1995;And whereas all objections and suggestions to the said draft Rules received within the prescribed time limit have been considered by the Government;Now, therefore, in exercise of the powers conferred by sub-section (1) and (2) of section 28 of the Goa Medical Council Act, 1991 (Goa Act 6 of 1991), and all other powers enabling it in this behalf, the Government of Goa hereby makes the following rules, namely:-Chapter I
Part I
Preliminary1. Short title and commencement.
2. Definitions.
- In these rules, unless the context requires otherwise.-Part II – Election
3. Representatives of medical faculties of Universities.
Part III – Representative of Registered Medical Practitioners
4. Preparation of electoral rolls.
5. Returning Officer.
- The Registrar shall normally be the Returning Officer. However, the Council shall have the powers to appoint an independent Returning Officer.6. Fixation of the stages of election.
7. Notice of election.
- At least thirty days before the date fixed for the receipt of nomination papers, the Returning Officer shall publish in the Official Gazette and in at least four newspapers selected by him a notice in Form 2 notifying the dates fixed under rule 6 and calling upon the electors to elect new members and to send nominations for the purpose.8. Nomination of Candidates.
9. Scrutiny of nomination papers.
- On the date and the time appointed for scrutiny of nomination papers, the candidates and one proposer and seconder of each candidate may attend at the appointed time and place and the returning officer shall give them all reasonable facilities to examine the nomination papers which have been delivered within the time fixed for their receipt under rule 6.10. Disposal of objections.
- The Returning Officer shall examine the nomination papers and shall decide all objections which may be made before him to any nomination and may, either on such objections or on his own motion, after such summary enquiry, if any, as he thinks necessary, refuse any nomination for any of the following reasons, namely:-11. Completion of scrutiny.
12. Withdrawal of candidature.
- Any candidate may withdraw his candidature within three days of completion of scrutiny of nomination papers by a notice in writing signed by him and delivered by post or hand to the Returning Officer.13. List of contesting candidates.
- On completion of the scrutiny of the nominations and after the expiry of the period within which a candidate may withdraw his candidature under rule 12, the Returning Officer shall forthwith under his signature publish on the notice board at the office of the Council a list of contesting candidates.14. Procedure of uncontested elections.
- After the publication of the list of contesting candidates, if the number of contesting candidates does not exceed the number of vacancies to be filled in, the returning officer shall forthwith declare such candidates to be duly elected to fill such vacancies without any votes being taken and report the names of such candidates to the Government.15. Contested election.
16. Printing of ballot papers.
- The Returning Officer shall arrange for the printing of ballot papers in Form 4 with the names of the contesting candidates entered therein in alphabetical order.17. Despatch of ballot papers to electors.
18. Issue of duplicate ballot paper.
- If any elector has not received his ballot paper and covers or has inadvertently spoilt the paper or lost it, then, he may send to the Returning Officer at least seven days before the date fixed for receipt of ballot paper under rule 6, a declaration to that effect signed by himself and accompanied by spoilt papers, if any, and requesting the Returning Officer to send him duplicate papers in place of those not received, spoilt or lost. When duplicate papers are issued, a record thereof shall be kept by the Returning Officer and a mark "Duplicate" made on the larger cover and on the ballot paper issued. The Returning Officer shall cancel any spoilt papers received back from the elector.19. Delivery of ballot paper to elector in person.
- Any elector whose ballot paper is returned undelivered may apply to the Returning Officer in person for such ballot paper before the date fixed for receipt of ballot papers under rule 6 and take delivery of the ballot paper after satisfying the Returning Officer of his identity, and giving a receipt.20. Recording of votes by electors.
21. Custody of ballot papers.
- All covers containing ballot papers shall on receipt be kept in a sealed box by the Returning Officer after noting the date and time of receipt on each cover. Any covers received after the date and time fixed for receipt of ballot papers under rule 6 shall be kept in a separate packet and shall not be opened.22. Scrutiny and counting of votes.
23. Declaration of result of election.
24. Filling of casual vacancy.
- If there is a vacancy of member elected under clauses (d) and (e) of sub-section (3) of section 3 of the Act, the President shall, subject to the provision contained in the proviso to sub-section (1) of section 5 of the Act, take steps to fill it up as soon as possible by election in accordance with the rules as above.Part IV
25. Election of President and Vice-President.
- As soon as possible after the President or Vice-President, as the case may be, ceases to hold office either because of the expiry of the term of office or for any other reason whatsoever, the Council shall proceed to elect the successor President or Vice-President.Part V
26. Time limit for referring election disputes.
- The time limit for referring any dispute referred to in sub-section (7) of section 3 of the Act to the Government shall be, in the case of elected members, thirty days from the date of declaration of the result of election, and in the case of election of the President or Vice-President, from the date of their election.Chapter II
Conduct of Business of the Council
27. Calling of meetings.
28. Notice for calling a meeting.
29. Motions for insertion in agenda.
- Any member may send a motion to be included in the agenda for an ordinary meeting so as to reach the Registrar twenty clear days before the date fixed for the meeting. The Registrar shall take the orders of the President for inclusion of such motion in the agenda and where any motion, is disallowed, the reasons for doing so shall also be communicated along with the agenda to the member who sent the motion, provided that the President may, for reasons to be recorded in writing, accept any motion received, after the expiry of the aforesaid period.30. Attendance at meeting.
- At each meeting an attendance register shall be placed in the meeting room and every member present shall sign against his name in the register.31. Business to be transacted at meetings.
- At an ordinary or extraordinary meeting, no business or proposition other than that specified in the agenda shall be taken up:Provided that the president's authority may permit any business or proposition to be discussed which is of an urgent nature and which could not reasonably be entered in the notice in an ordinary meeting but not in extraordinary meeting.32. Adjournment of meeting.
33. Minutes of meetings.
- Minutes of the proceedings of each meeting of the Council shall be kept in a book to be provided for the purpose and shall include the names of the members and if any member present at the meeting so desires, the names of the members voting respectively for or against any motion. This book shall be signed by the President at the next meeting after the minutes are confirmed and shall at all reasonable times, be open for inspection by any member of the Council. Copies of the minutes shall be supplied to every member of the Council within thirty days from the date of the meeting.34. Circulation of written proposition.
- Whenever it appears necessary to the President to convene a meeting, he may, instead of convening a meeting, circulate a written proposition with the reasons for such proposition for the observation and votes of the members of the Council.35. Fees for attendance at meetings.
- Every member of the Council (including the President) who is not a Government servant shall be paid a fee of three hundred rupees per day for attending a meeting of the Council.36. Travelling allowance for attending meetings.
- The members of the council (including the President) shall be paid travelling expenses and daily allowance (T.A/D.A) for attending the meetings of the Council as follows:-Members who are Government servants may draw the travelling and halting allowance which they may be entitled to claim for travelling on official duties according to their grades under the service rules:Provided that, if a non-official member travels by air, he shall draw air fare. A certificate to the effect that the journey (one way or both ways, as the case may be) was performed by air shall be attached to travelling allowance bill. Daily (Halting) allowance shall be the same as is admissible to Class-I (Senior) grade Government employee, for the days of travel and work.Chapter III
Executive Committee
37. Number of members.
- The Executive Committee shall consist of the President, ex-officio, the Vice-President, ex-officio, the Director of Health Services, ex-officio, the Dean or Director, Goa Medical College, ex-officio and four members elected by the Council from amongst its members.38. Term of office.
- The members of the Executive Committee shall hold Office for one year from the date of their election.39. Disability to continue as member.
- A member shall cease to be a member of the Executive Committee.-40. Resignation of member.
- A member may resign at any time by a notice in writing to the President. Such resignation shall take effect from the date on which it is accepted by the President.41. Casual vacancies.
42. Calling of meetings.
- The Executive Committee shall ordinarily meet once every two months on such date as may be fixed by the President. The President may, whenever he thinks fit and shall, upon a written requisition of not less than 3 members and on a date not later than seven days after the receipt of such request, call an extraordinary meeting.43. Notice of meeting.
- All members of the Executive Committee shall be given seven clear days' notice of an ordinary meeting and three clear days' notice in the case of an extraordinary meeting. Such notice shall specify the place, date and time of the meeting and state whether the meeting is a general meeting or a special meeting and the business to be transacted thereat.44. Presiding authority.
- The President, when present, shall preside at every meeting of the Executive Committee. If, at any meeting, the President is absent, the Vice-President shall preside at such meeting. In the absence of both, the members present shall elect the presiding authority from amongst themselves.45. Attendance at meeting.
46. Business to be transacted at meetings.
- At any ordinary meeting and in case of extraordinary meeting no business other than that specified in the notice calling such meetings shall be transacted:Provided that the presiding authority may permit any business to be discussed which is of urgent nature and which could not reasonably be entered in the notice.47. Adjournment of meetings.
48. Decision at meeting.
49. Minutes of meeting.
- Minutes of the proceedings of each meeting of the Executive Committee shall be kept in a book to be kept for the purpose and shall include the names of the members and if any member present at the meeting so desires, the names of the members voting for or against any question. This book shall be signed by the presiding authority at the next meeting after the minutes are confirmed, and shall, at all reasonable times, be open to inspection by any member of the Executive Committee. The copies of the minutes shall be supplied to every member within fifteen days from the date of the meeting.50. Power, duties and functions of Executive Committee.
51. Fees for attendance at meetings.
- Every member, other than Government official, shall be paid a fee of Rs. 300/- per day for attending a meeting of the Executive Committee.52. Travelling allowance for attending meetings.
- The members shall be paid travelling allowances for attending meetings of the Executive Committee as per rates specified for Council meetings.Chapter IV
Registration
53. Form of Register and further particulars to be included.
- The register shall be in Form 6 appended to these rules.54. Division of Register.
- The register shall be divided into the following parts, namely:-Part I – shall contain the names of practitioners who possess any of the qualifications included in the First or the Second Schedule or in Part-II of the Third Schedule to the Indian Medical Council Act, 1956 (Central Act 102 of 1956).
Part II – shall contain the names of practitioners who possess any of the qualifications included in Part I of the Third Schedule to the Indian Medical Council Act, 1956 (Central Act 102 of 1956).
Part III – shall contain the names of other registered practitioners, qualifications of whom are approved by the Council from time to time.
55. Application for registration.
- An application for registration shall be made in Form 15 while an application for renewal of registration shall be made in Form 10 which will be supplied by the Registrar on request.56. Manner of paying fees.
- The fees as specified by the Council shall be paid by Demand Draft made payable at Panaji, Goa.57. Certificate of registration.
- The Certificate of registration shall be given to every registered practitioner in Form 8 and signed by the Registrar.58. Removal of name from Register at the practitioner's request.
59. Provisional registration.
60. Special registration (Temporary).
- Temporary registration may be granted to a person of eminence from abroad who is invited to perform/demonstrate any surgical procedure if the inviting institute, applies to the Council to that effect along with the bio-data and the qualifications of the invitee and such qualifications are recognised by the Council. A temporary registration will then be issued for limited purpose and period, on payment of fee of rupees two hundred only.61. Renewal of registration.
- The Registrar shall issue notice for renewal of registration in Form 7 and send it to all persons registered with the Council by Registered Post. If no reply/payment is received, a second/final notice in Form 16 shall be issued and the name thereafter be removed from the register if no renewal fee is paid within two weeks.Chapter V
Inquiries
62. Complaints against registered practitioners.
63. Procedure for submission of complaint to Executive Committee.
64. Power of Executive Committee to refer complaint to Council.
65. Action to be taken by the Council.
- The Council shall,-66. Cases in which Executive Committee may direct an inquiry.
67. Notice of charges on registered practitioner.
68. Reply to notice.
- The registered practitioner shall within the time specified in the notice or such extended period as may be permitted by the Chairman, put in written statement of his defence and state whether he desires to be heard in person by the Disciplinary Committee.69. Council and complainant, if any, to be supplied with copies of all documents, etc.
70. Legal assistance at inquiry.
- At the hearing of the case by the Disciplinary Committee, the Executive Committee may be represented by a legal practitioner as an amicus curiae if found necessary, and the complainant as well as the practitioner also could be represented or assisted by their legal practitioners at their own cost:Provided that, where any advice is tendered to the Committee by an assessor, if appointed under the Act, on any question of law, as to evidence, procedure or any other matter, such advice shall be subject to the provisions of the Act, even though it will not be binding on the Committee.71. Procedure of inquiry.
72. Record of proceedings at inquiries.
- The Chairman shall keep a record of proceedings at the inquiry held under these rules including the evidence of each witness, through the Registrar and subscribe his signature on the record each day of the proceedings.73. Power of Committee to give further opportunity to practitioner to make statement.
- Notwithstanding anything contained in these rules, after completion of the inquiry, the registered practitioner shall be given a further opportunity of making any oral or written statement. Copies of such evidence as are required by the registered practitioner for making such statement shall be supplied to him.74. Decision of Committee and implementation.
- As soon as the hearing of the case is over and the registered practitioner has made his oral or written statement, if any, the Executive Committee shall deliberate thereon in private and at the conclusion of the deliberation, the Chairman shall forward the decision of the Executive Committee to the Council for its records but shall pronounce its decision at the earliest. If it is not possible to declare the decision immediately at any time thereafter, the Chairman shall direct the Registrar to inform the parties of the decision of the council by a Registered letter and to implement the decision, but not later than fifteen days.75. Re-entry of name of practitioner in register.
Chapter VI
Appeals
76. Appeals.
Chapter VII
Conditions of service of Registrar and other staff and the supervisory powers and duties of Registrar
77. Registrar.
78. Other employees of the Council.
- No Officer or servant of the Council shall, without the previous permission of the council, engage himself in any work unconnected with the work of the Council.79. Attendance.
80. Leave.
81. Retirement.
- The normal age of retirement for all employees including the Registrar shall be 58 years:Provided the Council may, with the previous sanction of the Government, grant extension of service to any employee for periods not exceeding one year at a time.82. Resignation.
83. Termination of services.
84. Provident Fund.
85. Duties of Registrar.
86. Maintenance of account and other registers.
- The Registrar shall maintain the following books and registers:-87. Opening of bank account.
- An account shall be opened in the State Bank of India, Panaji or in any Nationalised bank, Panaji in the name of the Council and all monies of the Council shall be deposited in the Bank, subject to the provisions of rule 88. All cheques in Bank shall be signed by President/Vice President/any member of the Executive Committee and by the Registrar jointly.88. Receipt of Money.
- The Registrar shall receive all monies payable to the Council. He shall not retain in his hands any sum exceeding Rs. 1000/-, the balance lodged in the Bank to the credit of the Council.89. Annual Statement of Income and Expenditure.
- The Registrar shall, in the month of July in each year, prepare a statement of the income and expenditure of the preceding financial year, and draw the attention of the council to such matters as seen deserving of notice.90. Annual Accounts and Audit.
- The annual accounts shall be made up by the Registrar under the direction of the Executive Committee. They shall be audited by the Chief Auditor, Local fund Accounts, as soon as possible after the closed of each financial year.91. Estimates of Revenue and Expenditure.
92. Supplementary estimates.
- The Council may at any time during the year for which any estimate has been sanctioned, cause a supplementary estimate to be prepared and submitted to it. Every such supplementary estimate shall be considered and sanctioned by the Council in the same manner as if it were an original annual estimate. No expenditure shall be incurred by the Council which is not duly provided for in the budget or in a supplementary budget estimate.93. Scrutiny of claims.
- A bill or other voucher presented as a claim for money shall be received and examined by the Registrar. If the claim is for a sum not exceeding Rs. 50/- and the bill is in order, he shall pay it. If the claim is for a sum exceeding Rs. 50/- but not exceeding Rs. 750/- the payment shall be made after the claim is sanctioned by the President. If the claim is for a sum exceeding Rs. 750/-, the payment shall not be made until it has been examined and passed by the Executive Committee.94. Accounting of all sums received or spent.
- The Registrar shall immediately bring into account in the cash book all monies received or spent by the Council.95. Application of Goa Civil Service Rules.
- Save as otherwise expressly provided in these rules, until the framing of the Goa Civil Service Rules, the provisions of the Central Civil Service Rules, as in force in the State of Goa, shall be applicable to the employees of the Goa Medical Council.Chapter VIII
Miscellaneous
96. Form of list and particulars to be included.
97. Manner of publication of list.
98. Charging of fees.
- Fees shall be levied by the Council as shown below:| Sr. No. | Purpose | Rs. |
| (i) | For recording change of name in the register. | 50 |
| (ii) | For entering each additional qualification specified in theSchedule to the Act or in the First Schedule or Part I of theThird Schedule to the Indian Medical Council Act, 1956. | 50 |
| (iii) | For entering each additional qualification specified in theSecond Schedule or Part II of the Third Schedule to the IndianMedical Council Act, 1956. | 50 |
| (iv) | For issue of duplicate certificate of registration. | 100 |
| (v) | For issue of a certified copy of an entry in the register. | 50 |
| (vi) | Provisional Registration. | 200 |
| (vii) | Permanent Registration. | 500 |
| (viii) | Temporary Registration (special). | 250 |
| (ix) | Continuation (Renewal) of Registration. | 50 |
1. Notice is hereby given that the electoral roll for election of members of the Goa Medical Council has been prepared in accordance with the Goa Medical Council Rules, 1995 and copies of the roll will be available for Inspection and/or sale at the office of the Council at the address of the Council.
2. (a) Every claim for inclusion of a name in the roll; or
(b)Every objection to-(i)the inclusion of any other person's name in the roll; or(ii)to any particulars in any entry in the roll;shall be addressed to the Registrar and shall be presented or sent by post to him at the address referred to above so as to reach him on or before the ..... day of .... 19.........................................Registrar, Goa Medical Council.PanajiDated the ..... day of ..... 199 ....Form 2(See Rule 7)Notice of Election Election to the Goa Medical Council, Panaji Notice is hereby given pursuant to the provisions of the Goa Medical Council Rules, 1995 that ..........| Date: .............. | ..................................... | |
| Address: ................ | Returning Officer. |
| Counterfoil of | Ballot Paper | |||
| Ballot Paper | Outerfoil | |||
| (front) | ||||
| (1) | Serial number of ballot paper ................... | Serial No. | Name of Candidate | Vote (X) |
| (1) | (2) | (3) | ||
| (2) | Number of elector on the electoral roll to whom the ballotpaper has been sent. | |||
| ............................... | ||||
| (Returning Officer) |
| Election to the Goa MedicalCouncil, PanajiELECTION- IMMEDIATE | |||
| No. of elector in the electoral roll:- | |||
| To | |||
| TheReturning OfficerAddress | |||
| Name of the elector | |||
| Not to be opened before counting | |||
| …....................................Signature of theelector | |||
| …....................................... |
| Space for Photograph | |||
| SEAL OF THE COUNCIL | |
1. This form shall be returned duly completed so as to reach the Registrar, Goa Medical Council for continuance of registration within forty-five days of the date of the notice.
2. All details shall be correctly filled in.
3. Applications which do not contain the required particulars are liable to be rejected.
4. Additional qualifications and change of address for communication must be notified to the Council immediately.
*Here enter full address of the Registrar.Form 11(See Rule 67)Notice| Name in full (beginning with surname and including *father's/husband's | ...................................................................................................................................................................... |
| Name in (BLOCK LETTERS ONLY) | ................................................................................... |
| Address | ......................................................................................................................................................................................................................................................... |
| Maiden name and surname in the case of a married woman(beginning with surname in BLOCK LETTERS) | ...................................................................................................................................................................... |
| Nationality : ................................... | Date of Birth:........................................................... |
| Qualification or Examination passed | ................................................................................... |
| Name of University or Licensing Body | ................................................................................... |
| Institution from which appeared for the Examination and numberat the Exam. | ...................................................................................................................................................................... |
| Date of passing the Examination or of obtaining thequalification | ................................................................................... |
200.
/-Receipt No. .....................Date ....................I have been selected for *Practical .....................................................................................................(State name of approval Institution) training at the Employment in a medical capacity at the .....................................................................(State bane of approval Institution)*Appointment in the Medical Services of the Armed Forces of the Union and I enclose as evidence.| NAME IN FULL (beginning with surname and including *father's/husband's name in BLOCK LETTERS) | ...................................................................................................................................................................................................... | ||
| ADDRESS (to be entered in the Register) | ...................................................................................................................................................................................................... | ||
| Maiden name and surname in the case of a married woman(beginning with surname in BLOCK LETTERS) | ...................................................................................................................................................................................................... | ||
| Nationality : ................................... | Date of Birth:............................................................................ | ||
| Description of qualification of which registration is desired.The name of the University or The Licensing Body should Also bestated. | Date of obtaining the qualifications. State also theinstitution from which you appeared fro the said exam, alongwithyour number at examination. | ||
| (1) Date …............................................(2)Institution: …....................................(3)No. at the Exam. ….......................... |
| Specimen of Practitioner's Signature as usedon Medical Certificate |
| Present Address |