Union of India - Act
The Medical Council Of India Regulations, 2000
UNION OF INDIA
India
India
The Medical Council Of India Regulations, 2000
Rule THE-MEDICAL-COUNCIL-OF-INDIA-REGULATIONS-2000 of 2000
- Published on 25 October 2000
- Commenced on 25 October 2000
- [This is the version of this document from 25 October 2000.]
- [Note: The original publication document is not available and this content could not be verified.]
15.
/727In exercise of the powers conferred by section 33 of the Indian Medical Council Act, 1956 (102 of 1956) the Medical Council of India, with the previous sanction of the Central Government, hereby makes the following regulations, namely:-1. Short title and commencement .-(1) These regulations may be called the Medical Council of India Regulations, 2000.
2. Definitions .-In these regulation, unless the context otherwise requires,-
3. Office of the Council .-The Office of the Council shall be situated in Delhi.
Part I – 4. Time and place of meetings of the Council .-(1) The meetings of the Council shall ordinarily be held in Delhi on such dates as may be fixed by the Council:
Provided that the President may call a special meeting at any time after giving fifteen days' notice-(a)to deal with any urgent matter requiring the attention of the Council;(b)for a purpose referred to in the proviso to clause (b) of sub-regulation (1) of regulation 8;(c)on a requisition signed by not less than fifteen members for a purpose which is within the scope of the Council's functions, not being a purpose referred to in clause (b).5. Agenda for special meetings .-At a special meeting (referred to in the proviso to sub-regulation (1) of regulation 4 the subject or subjects for the consideration of which the meeting has been called shall only be discussed.
6. Notice of meetings .-Notice of every meeting other than a special meeting (called under the proviso to sub-regulation (1) of regulation 4 or under the first proviso to clause (b) of sub-regulation (1) of regulation 8, shall be despatched by the Secretary to each member of the Council not less than thirty days before the date of the meeting.
7. Agenda paper .-(1) The Secretary shall issue with the notice of the meeting a preliminary agenda paper showing the business to be brought before the meeting, the terms of all motions to be moved of which notice in writing has previously reached him and the names of the movers.
8. Admissibility of motion .-(1) The President shall disallow any motion-
(a)if the matter to which it relates, is not within the scope of the Council's functions;(b)if it raises substantially the same question as a motion or amendment which has been moved or withdrawn with the leave of the Council at any time during the six months immediately preceding the date of the meeting at which it is designed to be moved:Provided that such a motion may be admitted at a special meeting of the Council convened for the purpose on the requisition of not less than two-thirds of the members of the Council:Provided further that nothing in these regulations shall operate to prohibit discussion of any matter referred to the Council by the Central Government in the exercise of any of its functions under the Act;(c)unless it is clearly and precisely expressed and raises substantially one definite issue;(d)if it contains arguments, inferences, ironical expressions, imputations or defamatory statements:Provided that if a motion can be rendered admissible by amendment, the President may, in lieu of disallowing the motion, admit it in the amended form.Part II – Conduct Of Business At Meetings Of The Council
9. Presiding officer .-(1) Every meeting of the Council shall be presided over by the President, or if he is absent, by the Vice-President, or if both the President and the Vice-president are absent, by a Chairman to be elected by the members present from among themselves.
10. Quorum .-The quorum for a meeting of the Council shall be one-third of the effective membership of the Council on the date of such meeting.
11. Adjournment for want of quorum .-If, at any time appointed for a meeting or during the course of any meeting, a quorum is not present, the meeting shall be adjourned, and if a quorum is not present, on the expiration of thirty minutes from such adjournment, the meeting shall stand adjourned to such future date and time as the President of the Council may appoint.
12. Conduct of business .-(1) Every matter raised by a member shall be determined on a motion moved by the member duly seconded and put to the Council by the President.
13. Amendment to motions .-When an amendment to any motion is moved and seconded or when two or more such amendments are moved and seconded, the President shall state or read to the Council the terms of the original motion and of the amendment or amendments proposed serially.
14. Identical motions .-When motions identical in purport stand in the name of two or more members, the President shall decide whose motion shall be moved and the other motion or motions shall thereupon be deemed to be withdrawn.
15. Scope of amendments .-(1) An Amendment shall be relevant to, and within the scope of, the motion to which it is proposed.
16. Form of amendments .-A motion may be amended by-
17. Debate .-(1) When a motion or amendment is under debate, no proposal with reference thereto shall be made other than-
(a)an amendment of the motion or of the amendment as the case may be, as proposed in regulation 13;(b)a motion for the adjournment of the debate on the motion or amendment either to a specified date and hour or sine die:(c)a motion for the closure, namely a motion that the question be now put;(d)a motion that the Council instead of proceeding to deal with the motion do pass to the next item on the programme of business:Provided that no motion of the nature referred to in clauses (b), (c) and (d) shall be moved or seconded by a member who has already spoken to the question then before the meeting:Provided further that a motion referred to in clauses (c) and (d) shall be moved without any speech.18. Withdrawal of motion .-A motion or an amendment which has been moved and seconded shall not be withdrawn save with the leave of the Council which shall not be deemed to be granted, if any member dissents from the granting of leave.
19. Discussions by members .-When a motion has been moved and seconded, members other than the mover and the seconded may speak on the motion in such order as the President may direct:
Provided that the seconder of a motion or of an amendment may, with the permission of the President, confine himself to seconding the motion or amendment, as the case may be, and speak thereon at any subsequent stage of the debate.20. Right of reply of the mover .-The mover of a motion and, if permitted by the President, the mover of any amendment, shall be entitled to a right of final reply and no other member shall speak more than once to any debate except with the permission of the president, for the purpose of making a personal explanation or of putting a question to the member then addressing the Council:
Provided that a member may at any stage of the debate may raise a point of order substantially incorporating therein a point of law, or statutory procedure, but shall not be allowed to make any speech:Provided further that a member who has spoken on a motion may speak again on an amendment subsequently moved to the motion.21. Voting on motion .-When any motion involving several points has been discussed, it shall be in the discretion of the President to divide the motion and put each or any point separately to vote as he may think fit.
22. Voting on amendment to motion .-(1) An amendment to a motion shall be put to vote.
23. Adjournment of meetings .-(1) The President may if he deems necessary at any time, adjourn any meeting to any future date or to any hour of the same day stating the reasons thereof.
24. Points of order .-(1) The President shall decide all points of order or disputes which may arise in any meeting.
25. Authorised persons to attend General Body meetings .-In the meetings of the General Body, no person other than the members, officers and employees of the Council shall be present except with the prior permission or special invitation of the President.
Part III – Minutes Of The Council
26. Proceedings to be preserved .-The proceedings of the meetings of the Council shall be preserved and shall be authenticated, after confirmation at the next meeting of the Council, by the Secretary and the President.
27. Circulation of minutes .-A copy of the minutes of each meeting shall be submitted by the Secretary to the President within ten days of the meeting and attested by him and they shall then be sent to each member within thirty days of the meeting.
28. Contents of minutes .-The minutes of each meeting shall contain such motions and amendments as have been moved and adopted or negatives, with the names of the mover and the seconder, but without any comment and without any record of observations made by any member at the meeting.
29. Objection to minutes, etc .-(1) If any objection regarding the correctness of the minutes is received within thirty days of the despatch of the minutes by the Secretary, such objection together with the minutes as recorded and attested shall be put before the next meeting of the Council for confirmation and at such meeting no question shall be raised except as to the correctness of the records of the meeting.
30. Supply of minutes .-A copy of the minutes of the meetings of the Council shall be made available by the Secretary to each member of the Council. However, it could be made available to a non member or any other person/organisation, upon a written requisition and payment of such fee as may be determined by the Council from time to time.
31. Record of proceedings .-(1) A report shall be kept of the observations and of the discussions at the meetings of the Council in as accurate a manner as possible for the use of the Members of the Council.
Part IV – Resignation And Filling Of Causal Vacancies
32. Resignation .-A member desiring to resign his seat on the Council shall send his resignation in writing to the President and his resignation shall take effect from the date specified by him and in case no such date is mentioned, from the date of receipt of his letter.
33. Filling of casual vacancy .-When a casual vacancy occurs by reason of death or resignation of a member, a report shall be made forthwith by the President to the Government of India who shall take steps to have the vacancy filled by nomination or election, as the case may be, by the authority or constituency by which the member whose death or resignation has caused the vacancy was nominated or elected for the remaining period.
Part V – Powers And Duties Of The President And Vice-President
34. Powers and duties of the President .-The President shall subject to the provision of the Act, rules, regulations and Standing Orders of the Council do such acts as he considers necessary for the furtherance of the objectives for which the Council is established.
35. Powers and duties of the Vice-President .-If the office of the President is vacant or if the President for any reason is unable to exercise the powers or perform the duties of his office, the Vice-President shall act in his place and shall exercise the power and perform the duties of the President.
Part VI – Executive Committee
36. Executive Committee .-The members of the Executive Committee who may be elected by the Council under sub-section (1) of section 10 shall be elected by the members of the Council present and voting together, in the proportion of-
37. President and Vice-President to be members of Executive Committee .-The President and the Vice-President of the Council shall be members ex officio of the Executive Committee and shall be President and Vice-President respectively of that Committee.
Filling up of vacancy on expiry of the term38. Intimation of vacancies .-The President shall ninety days before the expiry of the term of a member of the Council intimate the impending vacancy to the Central Government so that the new member may be nominated or elected to fill up the vacant seat from the date of which the vacancy is likely to occur.
39. Meetings of Executive Committee .-The meetings of the Executive Committee shall be ordinarily governed by the regulations applicable to the meetings of the Council.
40. Quorum .-Four members of the Executive Committee shall form a quorum.
41. Adjournment for want of quorum .-If at the time appointed for a meeting a quorum is not present the meeting shall not commence until a quorum is present, and if a quorum is not present on the expiration of thirty minutes from the time appointed for the meeting or during the course of any meeting, the meeting shall stand adjourned to such future date and time as the President may appoint.
42. Chairman of a meeting .-If both the President and Vice-President are absent, the members present shall elect one of the members to act as Chairperson.
43. Term of office of a member .-The term of office of an elected member of the Executive Committee shall be two years or until the appointment of his successor, whichever is longer. A member shall be eligible for re-election.
44. Participation of a member other than a member of the Executive Committee .-The President may invite, a member of the Council, not being a member of the Executive Committee to attend any meeting of the Executive Committee for any particular item of the agenda. Any member so invited shall be free to participate in the discussions, relating to that item but shall have no right to vote.
45. Sub-Committees .-The Executive Committee may constitute such sub-Committees as it may deem necessary in furtherance of discharge of its duties including examining of any matter referred by the Council.
46. Notice, etc., for meetings .-(1) Within four weeks before the meeting of the Council, the Executive Committee shall ordinarily meet and also at such other times and places as the President may determine.
47. Inspectors report .-The Executive Committee shall take into consideration the reports on the course of study, facilities for teaching and examinations submitted by Inspectors and shall thereupon prepare a report for consideration and approval of the Council.
48. Consideration of reports by Executive Committee .-The Executive Committee shall consider and report to the Council on any subject referred to it by the Council or by the President and exercise such powers and perform such duties as are required by the rules, regulations and standing orders of the Council.
49. Minutes of meetings .-A copy of the minutes of each meeting shall be drafted by the Secretary to be submitted to the President within ten days of the meeting for his counter signature upon which they shall be sent to each member of the Executive Committee within twenty days of the meeting. In case no corrections/suggestions are received from the members within fifteen days of the date of despatch by the Secretary, the decision recorded therein shall be given effect to. The minutes shall be sent to the members of the Council after confirmation by the Executive Committee at its next meeting:
Provided that the President, may, if necessary, direct that action be taken on a decision of the Executive Committee before the expiry of the said period of fifteen days mentioned above.Part VII – Committees
50. Committees .-(1) A member may, at any time, without notice move that a Committee of the Council be appointed or that the Council do resolve itself into a Committee.
51. Quorum .-The quorum for a Committee shall be the same as provided for meetings of the Council.
52. Chairman, etc., of Committees .-(1)(a) The Chairman of a Committee of the whole Council shall be the same as for a meeting of the Council.
(b)The Chairman of a Committee appointed by the Council shall be appointed by the Council at the time of the appointment of the Committee.53. Resolutions by Committees .-(1) A resolution passed by a Committee of the whole Council shall be embodied in a report prepared by the Secretary and signed by the President and shall have no effect unless confirmed by the Council at a meeting.
Part VIII – Registrar And Other Officers And Powers And Duties Of Registrar And Other Officers Of The Council
Registrar54. Registrar .-A person appointed as Registrar shall retire from service on super-annuation on the afternoon of the last date of the month in which he attains the age of sixty years. Extension of service shall not be given in any circumstances except with the approval of the Central Government.
55. Powers and duties of Registrar .-(1) The Registrar, who is ex officio Secretary shall be the Principal Executive Officer of the Council.
56. Duties of whole-time Inspectors .-The whole-time Inspector shall perform the following duties, namely:-
57. Duties and tenure of officers and employees .-(1) Officers and the employees of the Council shall retire from service on super-annuation on the afternoon of the last day of the month in which an officer or employee attains the age of sixty years. Extension of service shall not be given in any circumstances except with the approval of the Central Government.
58. Disciplinary authority .-(1) The disciplinary jurisdiction/authority over the officers shall vest with the Executive Committee. The disciplinary jurisdiction/authority over the employees of the Council shall vest with the Registrar. The appellate jurisdiction/authority for officers and employees of the Council shall vest with the General Body of the Council.
Part IX – Inspection Of Examinations
59. Inspection of examinations, etc .-(1) The inspection of examinations, courses of study and institutions for medical education, under section 17 shall be carried out in accordance with the provisions of this regulation.
Part X – Visitors Appointed By The Council
60. Appointment of visitor .-(1) The visitation shall be carried out in accordance with this regulation.
Part XI – Indian Medical Register
61. Indian Medical Register .-(1) The Registrar shall maintain the Indian Medical Register and it shall bear the seal of the Council.
62. Intimation of registration by State Medical Councils .-All the State Medical Councils shall intimate to the Council as soon as a medical practitioner is fully registered with the respective State Medical Councils. All State Medical Councils shall also intimate to the Council immediately regarding any change in name or registration of Additional qualifications or address or removal of name, as envisaged under sub-section (1) of section 24, of a medical practitioner registered with the respective State Medical Councils as and when received.
63. Publication of supplements to Indian Medical Register .-Supplements to the Indian Medical Register shall be published every year and the Indian Medical Register shall be revised and published every five years.
64. Direct registration .-(1) Application for direct registration with the Council, as envisaged under section 23, may be received in Form A, in duplicate, annexed to these regulations.
65. Provisional registration .-The names of provisionally registered medical practitioners should be borne on a separate list maintained for the purpose and they shall not be included in the State Medical Registers. In order to have a uniform procedure by all State Medical Councils with regard to the list of provisionally registered medical practitioners under section 25, the certificate for provisional registration should be issued in the following proforma :-
| Name of the Person | : |
| Address | : |
| Qualification | : |
| Date of Year of passing Examination | : |
| Name of College and University | : |
66.
">66. Registration of additional qualifications .-Application for registration of additional qualification in the Indian Medical Register may be received direct by the Council in Form C annexed to these regulations. A fee as fixed from time to time with the approval of the Central Government may be charged for registration of additional qualification either in substitution for or in addition to any entry previously made. Copy of Degree/Diploma duly attested shall be sent alongwith the application.67. Residuary provision .-Matters relating to the conditions of service of the Registrar and other employees of the Council with, respect to which no express provisional has been made in the regulations shall be as per the rules applicable to officers and employees of Central Government.
FORM A[See regulation 64 (1)]Application Form For Registration In The Indian Medical Register1. Name of the applicant
(In Block Letters) (Surname)2. Sex : Male/Female
3. Father's Name (Full)
4. Date and place of Birth
5. Preliminary education (full particulars of Matriculation/Secondary equivalent examination passed with name of the examining body and with the year of obtaining)
6. Date of passing Inter-Science or Higher Secondary or equivalent examination with the name of the University.
7. Name of the Medical School/College attended with the date of joining and leaving.
8. Name of the Medical Degree/Diploma obtained and University/Licensing Body with the year of obtaining the qualification.
9. Whether he/she has undergone practical training before or after obtaining the medical diploma/degree as an Internee in a hospital? If so, whether the hospital or Institute where such training was obtained is recognised either by the Council or Medical School/College concerned (Give full details of the Hospital/Institution).
10. Details of bank draft attached towards registration.
11. Is he/she registered with any State Medical Council? The name of the Body with which registered and number and date of registration.
12. Is he/she a citizen of India
13. Present Occupation and Address (In block letters)
14. Permanent Address (In block letters)
........................................................Signature of ApplicantDated.......................................Note: Following documents to be enclosed with application:1. The application form should be properly and neatly filled in.
2. (a) Degree or Diploma in original or Provisional Certificate from the University/or Dean of the college that the applicant is eligible for the award of the degree along with attested copies thereof may be forwarded along with the Registered Certificate.
3. The total registration fee is Rs.1500/- (Rs. 500/- chargeable at the time of Provisional Registration). If already provisionally registered, then a Bank Draft of Rs.1000/- (Rupees One Thousand only) in favour of the Secretary, Medical Council of India, payable at New Delhi, be sent along with the application as fee for registration.
FORM B[See regulation 64 (4)]Medical Council Of IndiaAiwan-E-Galib Marg, Kotla Road, New Delhi-110002.Certificate Under Section 23 Of The Indian Medical Council Act, 1956 Registration Certificate.Certificate No. MCI/ ....................................................| NameFather's Name | Address | Date and place of Registration | Qualification& date thereof |
| (M)/(F) |
1. Name of the Doctor
2. Address as given in the Indian Medical Register
3. Present Address in Block Capitals with Pin code & Phone No.
4. Permanent Address in Block Capitals with Pin Code & Phone No.
5. (a) Primary qualification (i.e. `MBBS' or equivalent) with year of obtaining.
6. (a) Name of the State Medical Council with which registered
7. Additional Qualification for which Certificate is requested with documentary proof.
Details to be furnished in the table given as under. (please do not fill the remarks column).| Qualification | College Attended | University Qualification | Date of R/NR etc. | Remarks |