State of Odisha - Act
The Orissa Medical Registration Rules, 1965
ODISHA
India
India
The Orissa Medical Registration Rules, 1965
Rule THE-ORISSA-MEDICAL-REGISTRATION-RULES-1965 of 1965
- Published on 10 February 1965
- Commenced on 10 February 1965
- [This is the version of this document from 10 February 1965.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title.
- These rules may be called the Orissa Medical Registration Rules, 1965.2. Definitions.
- In these rules unless the context otherwise requires-3. Resignation or any other reasons.
4.
In case of the first election to the Council under the Act, the Registrar of the existing Orissa Council of Medical Registration, shall, not less than thirty days before the constitution of the new Council, request the Registrar of the Utkal University to get elected under Clause (a) of Sub-section (1) of Section 4 of the Act a member to serve in Council.Thereupon the Registrar of the said University shall take steps for the said election in the manner provided for similar election in the University and shall forward the name of the elected candidate to the President of the existing Council within the specified date showing therein the qualification, registration number and complete address of the elected candidate. The President on receipt of the same shall report it to State Government for publication of the name in the Orissa Gazette.Electoral RollElection under Clauses (b) and (c) of Sub-section (1) of Section 45.
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10.
On the completion of the election proceedings, the Returning Officer shall make into convenient bundles the nomination papers, the voting papers and the identification envelopes, seal each of the bundles, and make over these and all other papers relating to the elections, to the Registrar, who will keep them for a period of six months and thereafter cause them to be destroyed, unless required by any Court of Law.Reporting to Government about information of choice under Sub-section (2) of Section 4 and the consequent vacancies.11.
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13.
The names of the members elected or nominated to fill the several seats under Clauses (a) to (d) of Sub-section (1) of Section 4, excepting the seats that become vacant by the operation of Sub-section (2) of Section 4, shall be published by notification in the Orissa Gazette under Section 9 as soon after receipt of the report of the President made under Sub-rules (2) and (3) of Rule 11 as possible.Similar notification shall be issued later in respect of the seats becoming vacant under Sub-section (2) of Section 4, after action has been taken to fill them according to the provisions under Rules 17 and 18 of these rules.Finality of the decision of the State Government14.
15.
If a Registered Practitioner having been elected or nominated as a member, is found guilty of infamous conduct in any professional respect and his name is removed from the Register of registered practitioners, the Council shall declare his seat to be vacant.The President shall report the fact to the State Government and the vacancy shall be filled in the manner laid down in Rules 17 and 18 of these rules.16.
A register shall be maintained in Form VI showing the names of the members, elected or nominated constituting the Council on a general election under these rules and also subsequent changes till the next general election.Filling up of casual vacancies amongst members elected[Under Clause (a) or (b) of Section 4 (1)]17.
18.
When the office of a member elected under Clause (c) of Subsection (1) of Section 4 becomes vacant by his resignation or death or under Sub-section (2) of Section 4 or Section 10, the Registrar shall forthwith report the vacancy to the President and under his orders thereon take steps to hold a bye-election in accordance with the same rules as laid down for general election.Election of President and Vice-President under Section 1319.
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The President shall perform such functions as are required to be done by the President under the provisions of the Act, and the rules and regulations made thereunder. He shall also do such acts as he considers necessary for the furtherance of the objects for which the council is established.23.
If the office of the President is vacant or if, for any reason, the President is unable to perform the function of his office, the Vice-President shall act in his place and shall perform the functions of the President.Rules under Clause (d) of Sub-section (2) of Section 40 of the Act24.
25.
The Register of Registered Practitioners shall be maintained in Form VII in the Appendix to these rules.26.
The names shall be entered in the Register in the order in which the applications are admitted and sufficient space shall be left for future additions or alterations in the qualifications and address in respect of each entry.27.
Each page of the Register shall be verified by the Registrar's signature.Application of fees28.
The Registrar shall receive all fees payable under the Act and shall credit the same to the account of the Council in the Treasury. All fees received by the Council shall go to the Council funds and be utilised for the purposes of meeting, pay, dearness allowance. Provident fund contributions of the Council office shall also be met from the funds so constituted. Any other expenditure not specified in the above items, may also be incurred from the Council funds with the previous approval of the State Government.29. Procedure to be followed in conducting any enquiry referred to in Clause (b) of Section 20 and Clause (a) of Section 27 of the Act.
- Whenever information is received that a Medical Practitioner, who is an applicant for registration, or whose name has already been registered, has been guilty of conduct which prima facie constitutes infamous conduct in a professional respect, the Register shall make an abstract of such information and of such further informations as he may have subsequently obtained.30.
Where the information in questions is in the nature of a complaint by a person or body charging the practitioner with infamous conduct in a professional respect such complaint shall be made in writing addressed to the Registrar, and shall state the grounds of complaint and shall be accompanied by one or more declarations as to the facts of the case except when the complainant is by a Government Department.31.
Every declaration must state the description and true place of abode of the declarant, and where the fact stated in a declaration is not within the personal knowledge of the declarant, the source of the information and grounds for the belief of the declarant in its truth must be accurately and fully stated.32.
33.
The enquiry shall be instituted by the issue of a notice in writing on behalf of the Council, by the Registrar, addressed to the practitioner, such notice shall specify the nature and particulars of the charge, shall inform the practitioner of the day on which the Council intend to deal with the case, and shall call upon him to answer the charge in writing and to attend before the Council on that day.34.
The notice referred to in Rule 33 shall be in Form VIII in the Appendix to these rules, with such variations as circumstances may require. It shall be sent at least twenty-one days before the date of the enquiry, and shall be accompanied by a copy of Section 26 or 27 of the Act, as the case may be, and of the rules to regulate the procedure for conducting any enquiry referred to in these sections. A copy of the notice shall at the same time be sent to the complainant, if any.35.
In every case in which the Council resolve that an enquiry shall be instituted and a notice for an enquiry is issued accordingly, the complainant (if any) and the Medical Practitioner charged shall, upon request in writing for that purpose signed by him or his legal representative, be entitled to be supplied by the Registrar with a copy of any declaration, explanation, answer or other document given or sent to the Council by or on behalf of the other party, which such other party shall be entitled on proper proof to use at the hearing and evidence in support of or in answer to the charge specified in the notice of enquiry.36.
Any application made by the Medical Practitioner between the date of issue of the notice and the day named for the hearing of the charge shall be dealt with by the President in such manner as he shall think fit.37.
All material documents which are to be laid before the Council as evidence in regard to the case shall be printed or typed and a copy shall be furnished to each member of the Council before the hearing of the case.38.
At the hearing of the case by the Council, the complainant and also the practitioner may be represented or assisted by a legal representative.39.
Where a complainant appears personally or by a legal representative, the order of procedure shall be as follows :40.
Where there is no complainant, or the complainant does not appear the order of procedure shall be as follows ;41.
42.
When the registration of the name of any practitioner is refused, or when the name of any Registered Practitioner is removed from the register in accordance with the provisions of the preceding rules, the Registrar shall forthwith send notice of such refusal or removal to the practitioner, by a registered letter addressed to his last known address. The Registrar Shall also send, forthwith intimation of any such refusal or removal to the body or bodies from whom the practitioner received his qualification or qualifications and shall request them not to admit him without previous reference to the Council to any examination for any new qualification, which is registrable in the Register of Registered Practitioners. If a name is removed from the register, the Registrar shall issue a notification in the Orissa Gazette, announcing the removal.Disposal of appeals form the decision of the Registrar preferred under Section 30 of the Act43.
An appeal to the Council, preferred under Section 30 of the Act, against refusal of the Registrar to register the name or any title or qualification of any person on the Register of Registered Practitioners, shall be in writing and shall state the ground on which registration is claimed, the names of the qualifications, and dates on which and the authorities from whom they were received.44.
On receipt of such an appeal, it shall be referred to a Committee of the Council for consideration and report.45.
The Committee shall have power to call for the original diploma or licence etc., from the appellant for inspection and also such other documentary or oral evidence as may be considered necessary, by them.46.
At the conclusion of their enquiry, the Committee shall make a report to the Council embodying such recommendation as they think fit to make, with the reasons for the recommendations.47.
The appeal, the Committee's report on it, and all other documents in connection with the case shall be laid before the Council at their next session.48.
The date on which the appeal is to be taken up by the Council shall be notified to the appellant. The appellant shall also be allowed, if he so chooses, to represent his case before the Council, either by himself or by his legal representative.49.
50.
An application for restoration to the register of a name removed under Section 27 of the Act shall not be entertained before the ordinary meeting of the Council next succeeding that in which the removal was ordered.If any person whose name has been removed from the register by direction of the Council, and who still possesses a qualification entitled him to be registered wishes to make an application to the Council for the restoration of his name to the register, he shall follow the following procedure:51.
| Serial No. | Name | Academic qualification | Name of the Medical College where employed | Capacity in which employed | Registration number of a Registered MedicalPractitioner |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Serial No. | Name | Academic qualification | Whether in service under any Government | Capacity in which employed | Registration number |
| 1 | 2 | 3 | 4 | 5 | 6 |
1. Name of candidate (in full)................
2. Registration number of the candidate..................
3. Serial number of the candidate in the final electoral roll under Clause (b) of Section 4 (1)..................
I (name in full) with serial No.in the final electoral roll under Clause (b) of Sub-section (1) of Section 4, hereby propose the above-named candidate for election under that clause, and declare, that to the best of my knowledge and information the candidate satisfies the requirements of the clause and I further declare that I am a citizen of India and that I reside/carry on my profession/am employed in Orissa.Signature of ProposerDated the..............20....I (name in full)..........with serial No..............in the final electoral roll under Clause (b) of Sub-section (1) of Section 4 hereby second above proposal and declare that to the best of my knowledge and information the candidate satisfies the requirements of the clause and I further declare that I reside/carry on my profession/am employed in Orissa.Dated the..............Signature of SeconderDeclaration by the candidateI.......................(name in full) hereby declare that I agree to this nomination, that the particulars stated above about myself are correct; that I am a citizen of India and reside/carry on my profession/am employed, in Orissa, and that I have no intention of changing my residence/place of practice/ employed in the near future. I also declare that I have had the experience required by Clause (b), of Sub-section (1) of Section 4, details of this being as below, namely :| Name of appointments held | College or institution in which each suchappointment was held |
| 1 | 2 |
1. Name of the candidate (in full)..............
2. Registration No. of the candidate...............
3. Registered qualifications of the candidate...............
4. Whether the candidate is/is not in the service of any Government....
I (name in full)..................hereby propose the above-mentioned candidate for election under Clause (c) of Sub-section (1) of Section 4, and state that my name is borne on the final electoral roll; and I declare that I am a citizen of India and that I reside/carry on my profession/am employed, in Orissa.Date................................Registered qualification of theProposer...............................Registration No. ofProposer.....................I (name in full) ...............hereby second the above proposal and state that my name is borne on the final electoral roll and I declare that I reside/carry on profession/am employed, in Orissa.Signature of the seconderDated.......................Registered qualification of the seconder.............Registration No. of the seconder..........................Declaration of the candidateI (name in full)..................,hereby declare that I agree to this nomination, that the particulars' stated about myself are correct, that I am a citizen of India and reside/carry on my profession/am employed in Orissa and that I have no intention of changing my residence/place of my profession/ employment, in the near future.Signature of the candidateDated.....................N.B. - Nomination papers which are received by the Returning Officer, in his office at..........before...........on the...........day of............shall be invalid.See also copies of Section 4 (1), Clause (c) and Section 6 of the Act, and of Sub-rules (1) to (10) of Rule 6 annexed herewith.Certificate of Delivery(To be filled in by the Returning Officer)This nomination paper was delivered to me at my office at (date and hour)............Returning OfficerCertificate of ScrutinyRejected as time-barred or for other breach of rules...................OrI have scrutinised the eligibility of the candidate, the proposer and seconder, and found that they are respectively qualified to stand for election, to propose, and to second the nomination.Returning OfficerForm IV (a)[Vide Rule 7 (3) (a)]Voting paper for an election under Clause (b) of Section 4 (1) of the ActSerial No..............Subject to the rules, extracts from which are given herewith, one member of each Medical College to be elected by the electorate under Clause (b) of Sub-Section (1) of Section 4 to the Orissa Council of Medical Registration by persons whose names are included in the final electoral roll of this electorate. The latest date and hour for receiving voting papers, are........................and any voting paper received by the Returning Officer after that time will be rejected [vide Rule 7 (8)].| Serial No. of candidates duly nominated | Names, registered qualifications, registrationNos. and address of the candidates duly nominated | Name of the Medical College in which thecandidate is employed and the capacity in which employed | Column for the voter's mark X |
| 1 | 2 | 3 | 4 |
| Serial No. of candidates duly nominated | Names, registration Nos. registeredqualifications and addresses of candidates duly nominated | Column for voter's mark X |
| 1 | 2 | 3 |
1. Name................
2. Address................
3. Clause of Section 4 (1) under which the person is a member. [In case of Clause (c), whether elected as an employee under Government.]
4. No. and date of Government notification under Section 9 and Rule 13....................
5. The date of commencement of the term of the member...................
6. The date on which the term of the office of the member is to expire............
7. If the office terminates before the due date mentioned in Column 6 then the date and reason of earlier termination......................
8. Remarks................
Form VII[Vide Rule 25]The Register of Registered Practitioners| Serial No. | Date of registration | Name | Dates of birth | Father's name | Qualifications and dates thereof | Appointment and address | Date and reason of removal | Previous registration No. of registration and thedate thereof and State | Remarks | |
| Date | Section of the Act under which the name isremoved | |||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |