Karnataka Medical Registration Act, 1961

Karnataka Medical Registration Act, 1961

(Act 34 of 1961)

Last Updated 30th November, 2019 [kar182]

LEGISLATIVE HISTORY 6

(Received the assent of the President on the Twenty-fifth day of December, 1961).

An Act to consolidate the laws for the registration of medical practitioners of modern scientific system of medicine in the [State of Karnataka].

Whereas it is expedient to consolidate the laws for the registration of medical practitioners of modern scientific system of medicine, surgery and obstetrics, other than veterinary medicine and surgery, in the [State of Karnataka];

Be it enacted by the [Karnataka State] Legislature in the Twelfth Year of the Republic of India as follows:-

1. Short title, extent and commencement. - (1) This Act may be called the [Karnataka] Medical Registration Act, 1961.

(2) It extends to the whole of the [State of Karnataka].

(3) It shall come into force on such [date] as the State Government may, by notification, appoint.

Object & Reasons6

Statement of Objects and Reasons - (Act 34 of 1961). - There are different enactments in force in the several areas of the State governing the registration of practitioners of modern system of medicine. As a result of the adaptations made in these enactments, the Mysore Medical Council-constituted under the Mysore Medical Registration Act, 1931, as adapted-is empowered to perform the functions of a Medical Council throughout the State in respect of the several enactments, while the Medical Registers under each enactment are kept separate. Thus there is a single Medical Council and several Medical Registers.

Since under the Indian Medical Council Act, 1956 (Central Act No. 102 of 1956) one member has to be elected to the Medical Council of India by the members included in the State Medical Register, it is necessary to have one Medical Register for the entire State.

In the circumstances, it is proposed to have a uniform law relating to registration of practitioners practising the modern system of medicine throughout the State.

(Obtained from file LAW 12 LGN 60.)

Statement of Objects and Reasons - (Amending Act 43 of 2003). - It is considered necessary to amend the Karnataka Medical Registration Act, 1961,-

(i) to define "teachers" and "teachers of University" and to provide for election of four members to the Medical Council jointly from both these categories;

(ii) to provide that out of 4 persons to be nominated by the State Government one shall be from amongst the Karnataka Dental 332 Medical Registration Council, Pharmacy Council, Nursing Council and Ayurvedic and Homeopathy Council by rotation for a period of one year, who shall have no right to vote in the meeting of the Medical Council;

(iii) to provide that no election shall be held to fill up a vacancy in the office of an elected member if the remainder of the period is less than six months;

(iv) to provide for fixing of fees by rules;

(v) to provide for removal of a medical practitioner on the ground of negligence, incompetence and violation of medical ethics also;

(vi) to empower the medical council to inspect medical institutions;

(vii) to require a medical practitioner to produce a certificate for having attended a Continuing Medical Education programme before seeking renewal of registration. Certain other incidental and consequential changes are also made. Hence the Bill.

[LA Bill No. 15 of 2003]

(Entry 26 of List-III of the Seventh Schedule to the Constitution of india.)

Statement of Objects and Reasons - (Amending Act 19 of 2017). - It is considered necessary to amend the Karnataka Medical Registration Act, 1961 (Karnataka Act 34 of 1961) to,-

(i) ensure continuous updation of knowledge or skills among the medical practitioners by undergoing continued medical education programme before renewal of registration;

(ii) ensure representation of all the four revenue regions of the State in the Karnataka Medical Council; and

(iii) renewal of registration for medical practitioners on payment of such fee as may be prescribed.

Hence, the Bill.

[L.A. Bill No.15 of 2017 File No. Samvyashae 5 Shasana 2017]

[entry 26 of List III of the Seventh Schedule to the Constitution of India.]

2. Definitions. - In this Act, unless the context otherwise requires,-

(a) "Council" or "Medical Council" means the [Karnataka Medical Council] established under this Act;

(b) "notification" means a notification published in the official Gazette;

(d) "regulations" means regulations made under section 32;

(e) "rules" means rules made under section 31.

3. Establishment, incorporation and constitution of Council. - (1) The State Government shall by notification establish a Council to be called "the [Karnataka Medical Council] for the purposes of carrying out the provisions of this Act. Such Council shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract and may by the same name sue and be sued.

(2) The Council shall consist of the following [seventeen] members, namely: -

[(a) two members from each of the four Revenue Divisions of the State to be elected from amongst themselves by the Medical Practitioners who are registered under this Act;]

[(b) four members [one from each of the Revenue Division] to be elected from amongst themselves by the "teachers" and "teachers of the University" as defined in clauses (m) and (n) respectively of section 2 of the Rajiv Gandhi University of Health Sciences Act, 1994 (Karnataka Act 44 of 1994) and who are registered under this Act.

(c) four members [one from each of the Revenue Division] to be nominated by the State Government from among registered practitioners.

(d) one member to be nominated by the State Government from amongst the members of the Karnataka State Dental Council, the Karnataka Pharmacy Council, the Karnataka Nursing Council, the Karnataka Ayurvedic and Homoeopathy Council, by rotation for a period of one year.]

(3) In making nomination under [clause (c)] of sub-section (2), the State Government shall have due regard to the claims of women and of other groups of practitioners, representatives of whom have not been elected under [clauses (a) and (b)]

(4) The President and Vice-President of the Medical Council shall be elected by the [by the members other than a member referred to in clause (d), from amongst themselves].

(5) The election of the President and Vice-President and other members shall, subject to the provisions of this Act, be held at such time and place and in such manner as may be prescribed by rules.

4. Nomination of members in default of election. - If any of the electorates referred to in section 3 does not, by such date as may be prescribed by rules, elect a person to be a member of the Council, the State Government shall, by notification, nominate to the vacancy a person qualified for election thereto; and the person so nominated shall be deemed to be a member of the Council as if he had been duly elected by the said electorate.

5. Term of Office. - The President, Vice-President and other members of the Medical Council[other than a member referred to in clause (d) of subsection (2) of section 3] shall, subject to the provisions of this Act, hold office for a term of five years from the date of their nomination or election or until their successors have been duly nominated, or elected, whichever is longer, and shall be eligible for re-nomination, or re-election, as the case may be.

6. Vacancies. - Upon the death, resignation or vacation of office of any member of the Medical Council, another person shall be appointed a member of the Medical Council in his place by nomination or election, as the case may be, in accordance with the provisions of sub-section (2) of section 3, and such person shall hold office for the remainder of the period for which the member in whose place he is appointed was nominated or elected.

[Provided that where a vacancy has arisen in the office of the elected member of the Council and the remainder period of the term of office is less than six months no election shall be held to fill up such vacancy.]

7. Disqualifications. - A person shall be disqualified for being chosen as and for being a member of the Medical Council,-

(a) if he has been sentenced by a criminal court for an offence involving moral turpitude and punishable with imprisonment for a term exceeding three months, such sentence not having been subsequently reversed, quashed or remitted, unless he has, by order, which the State Government is hereby empowered to make in this behalf, been relieved from the disqualification arising on account of such sentence;

(b) if he is an undischarged insolvent;

(d) if he is a whole time officer or servant of the Council.

8. Disabilities for continuing as member. - If any member, during the period for which he has been nominated or elected,-

(a) absents himself, without excuse, sufficient in the opinion of the Medical Council, from three consecutive ordinary meetings of the Council; or

(b) in the case of a member elected under clause (b) of sub-section (2) of section 3, [ceases to be a teacher or as the case may be, teacher of the University or ceases to be a registered practitioner]; or

(c) in the case of a member elected under [clause (a)] of sub- section (2) of section 3, ceases to be a registered practitioner; or

(d) becomes subject to any of the disqualifications mentioned in section 7, the State Government shall declare his office to be vacant.

9. Time and place of meeting and procedure at meetings of Council. - The Medical Council shall make such regulations as may be necessary with respect to the time and place of the meeting of the Medical Council and the mode of summoning the same. In the absence of any regulation as to the summoning of a meeting of the Medical Council, it shall be lawful for the President to summon a meeting at such time and place as to him shall seem expedient by letter addressed to each member; and at every meeting, in the absence of the President, the Vice-President and in the absence of both, some other member to be chosen from the members present, shall act as President; and all acts of the Medical Council shall be decided by the votes of the majority of the members present at any meeting the total number present being not less than eight, and at all such meetings the President for the time being shall, in addition to his vote as a member of the Medical Council, have a casting vote in case of any equality of votes.

[Provided that the member nominated under clause (d) of sub-section (2) of section 3 shall participate in meeting of the Medical Council but shall not have a right to vote in such meeting.]

10. Validity of proceedings. - (1) No disqualification, or defect in the election or nomination of any person acting as a member of the Medical Council or as the President or Vice-President or presiding authority of a meeting shall be deemed to vitiate any act or proceeding of the Medical Council in which such person has taken part.

(2) 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.

11. Registrar and officers. - (1) The Medical Council shall appoint a Registrar, and may from time to time grant leave to the Registrar and appoint a person to act in his place. Any order of the Medical Council appointing or dismissing a Registrar or appointing to act as Registrar for a period which exceeds or is likely to exceed the period which the State Government may, from time to time direct, shall be subject to the previous approval of the State Government. The Registrar and any person appointed to act as Registrar shall be paid by the Medical Council such salary and allowances as it may from time to time determine. Any person duly appointed to act as Registrar shall be deemed to be Registrar for all the purposes of this Act. The Medical Council may also appoint such other officers and servants as may be necessary for the purposes of this Act.

(2) The Registrar or any other officer or servant appointed under this section shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

12. Register. - The Registrar shall keep a register of medical practitioners in such form as may be prescribed by rules, in accordance with the provisions of this Act. It shall be the duty of the Registrar under the orders of the Medical Council to keep the register correct and from time to time to enter any necessary alterations in the addresses of persons registered and to enter any additional qualifications which any registered person may have obtained subsequent to his registration, and to strike off the names of all registered persons who have died.

13. Registration of Medical Practitioners. - (1) Every person who holds any of the medical qualifications included in the Schedules to the Indian Medical Council Act, 1956 (Central Act 102 of 1956), may apply to the Registrar giving a correct description of his qualifications, with the dates on which they were granted, and present his degree, diploma or licence along with a [prescribed fee] for being registered under this Act. The Registrar shall if satisfied that the applicant is entitled to be registered, enter his name in the register:

Provided that the Registrar shall on application and on payment of [a prescribed fee] enter the names of medical practitioners registered under any of the enactments repealed by section 34 and included in the registers maintained in accordance with the provisions of the said repealed enactments as adapted by the Mysore Adaptation of Laws Order, 1956.

(2) The Medical Council may refuse to permit the registration of any person who has been convicted of a cognizable offence as defined in the [the Code of Criminal Procedure, 1973 (Central Act 2 of 1974)] or any other law for the time being in force, or who after due inquiry has been held guilty by the [Karnataka Medical Council] or by the Medical Council of any other State in India of infamous conduct in any professional respect.

14. Appeals against decision of Registrar. - (1) An appeal against the decision of the Registrar respecting a first registration or any subsequent alteration shall be heard and determined by the Medical Council in accordance with rules made by the State Government.

(2) Any entry in the register which shall be proved to the satisfaction of the Medical Council to have been fraudulently or incorrectly made may be deleted from the register under the orders of the Medical Council.

15. Removal of Medical Practitioner's name from register [for misconduct etc.,] . - (1) If a medical practitioner has been, after due inquiry by the Medical Council, found [guilty of any misconduct, negligence, incompetence or violation of code of Medical ethics] , the Medical Council may,-

(a) issue a letter of warning addressed to such medical practitioner, or

(b) direct the name of such medical practitioner,-

(i) to be removed from the register for such period as may be specified in the direction, or

(ii) to be removed from the register without specifying the period of such removal.

Explanation. - For the purposes of this section "misconduct" shall mean,-

(a) the conviction of the medical practitioner by a criminal court for an offence which involves moral turpitude and which is cognizable as defined in [the Code of Criminal Procedure, 1973 (Central Act 2 of 1974)] , or any other law for the time being in force;

(b) any conduct which, in the opinion of the Medical Council is infamous in relation to the medical profession.

(2) The Medical Council may, at any subsequent date, if it thinks fit, and shall on a decision to that effect of the Central Government under sub- section (2) of section 24 of the Indian Medical Council Act, 1956, direct that any name so removed shall be re-entered.

16. Medical Council to have powers of Civil Courts. - In holding inquiries under this Act, the Medical Council shall have the same powers as are vested in Civil Courts under the Code of Civil Procedure, 1908 (Central Act V of 1908), when trying a suit, in respect of the following matters, namely:-

(a) enforcing the attendance of any person and examining him on oath;

(b) compelling the production of documents;

[(d) inspection of Medical Institutions such as Hospital, Nursing Homes, consultation rooms, Diagnostic Centres, Polyclinics, Clinics, Health and Care Institutions by whatever name called including Governm ent Hospitals, carrying Medical Practice:

Provided that no such inspection of a private or Government hospital or a teaching hospital of a medical college shall be made without a written compliant.]

17. Inquiries to be deemed to be judicial proceedings. - All inquiries under this Act shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code.

18. Assessor to Medical Council. - (1) For the purpose of advising the Medical Council on questions of law arising in inquiries before it, [the Medical Council may in such inquiries take the assistance of an assessor] who has been for not less than ten years an advocate of a High Court.

(2) Where an assessor advises the Medical Council on any question of law, he shall do so in the presence of every party, or person representing a party to the inquiry who appears thereat, or if the advice is tendered after the Medical Council has begun to deliberate as to their findings, every such party or person as aforesaid shall be informed what advice the assessor has tendered. Such party or person shall also be informed, if in any case the Medical Council does not accept the advice of the assessor on any such question as aforesaid.

(3) Any assessor under this section may be appointed either generally or for any particular inquiry or class of inquiries and shall be paid such remuneration as the Medical Council with the approval of the State Government may determine.

[19. Renewal of Registration. - (1) Every Medical practitioner shall once in five years renew his registration by paying prescribed fees to the medical Council. For renewal of registration such applicant shall submit his application in such manner along with the evidence to the effect that he has participated or attended to a minimum of thirty credit hours of continued Medical Education Programme (one credit hour = four hours of continued Medical Education Programme) not less than six credit hours per year over a period preceding five years in any recognized Medical Conference or Seminar or Workshop or Continued Medical Education approved in this behalf by the Karnataka Medical Council.

(2) The Medical Practitioner who fails to renew his registration under subsection (1) shall cease to be a registered practitioner under sub-section (1) of section 13, the Registrar shall remove the name of such practitioner from the Register maintained under section 12:

Provided that participation in such continued Medical Educational Programme shall not be necessary in respect of such class of Medical Practitioners as may be prescribed.

Provided further that the name so removed may be re-entered in the register on payment of the renewal fee in such manner and subject to undergoing continued Medical Education Programme specified in sub-section(1).

Explanation. - For the purpose of the section "CME" means a Continued Medical Education Programme or recognized medical conference or seminar or workshop as may be approved or conducted by the medical Council in the State headquarters or regional headquarters or district headquarters or teaching hospitals or medical colleges or any institution run by the Karnataka Medical Council.]

20. Qualified Practitioners Certificate. - (1) The expression "legally qualified medical practitioner", or "duly qualified medical practitioner", or any words importing a person recognized by law as a medical practitioner or member of the medical profession, shall mean a medical practitioner registered under this Act or a medical practitioner whose name is for the time being borne on the Indian Medical Register maintained under the Indian Medical Council Act, 1956 (Central Act 102 of 1956).

(2) A certificate required by any Act from any medical practitioner or medical officer shall be valid, if the person signing the same shall have been registered under this Act or his name shall have been borne on the Indian Medical Register referred to in sub-section (1).

21. Persons entitled to hold certain appointments. - A person whose name is for the time being borne on the Indian Medical Register maintained under the Indian Medical Council Act, 1956 (Central Act 102 of 1956), shall be eligible to hold any appointment as a physician, surgeon or other medical officer in any dispensary, hospital, infirmary or lying-in-hospital, or in any public establishment, body or institution, where the modern scientific system of medicine is practiced.

22. Notice of death. - Every Registrar of Deaths on receiving notice of the death of a medical practitioner registered under this Act shall forthwith transmit by post to the Registrar appointed under this Act a certificate under his own hand of such death with the particulars of time and place of death and may charge the cost of such certificate and transmission as an expense of his office.

23. Exemption from serving on inquests, etc. - Notwithstanding anything in any other law for the time being in force, every person who shall be registered under this Act shall be exempt, if he so desires, from serving on any inquest or as a juror under [the Code of Criminal Procedure, 1973 (Central Act 2 of 1974)]

24. Fees payable to members. - There shall be paid to the members of the Medical Council such fees for attendance and such reasonable travelling expenses as shall from time to time be allowed by the Medical Council and approved by the State Government.

25. Disposal of fees. - All moneys received by the Medical Council as fees under this Act shall be applied for the purposes of this Act in accordance with such rules as may be made in this behalf by the State Government.

26. Publication of list of practitioners. - (1) The Registrar shall every year on or before the thirtieth day of June publish [on the notice board in the office of the Medical Council] a correct list of the names and qualifications of all practitioners entered in the register on the first day of January of that year.

(2) A copy of the list published under sub-section (1) shall be evidence in all courts and in judicial or quasi-judicial proceedings that the persons therein specified are registered according to the provisions of this Act, and the absence of the name of any person from such copy shall be evidence, until the contrary is proved that such person is not registered according to the provisions of this Act:

Provided that in the case of any person whose name does not appear in such copy, a certified copy under the hand of the Registrar of the entry of the name of such person on the register shall be evidence that such person is registered under the provisions of this Act.

27. Elections to be held by distributive vote. - All elections under this Act shall be held according to the distributive system of voting.

Explanation. - Distributive system of voting means a system of voting in which every voter shall be entitled to give as many votes as there are seats to be filled:

Provided that no voter shall give more than one vote to any one candidate:

Provided further that no voting paper shall be deemed to be valid unless the voter has recorded all the votes which he is entitled to give.

28. Penalties. - Whoever falsely pretends to be registered under this Act or not being registered under this Act uses in connection with his name or title any words or letters representing that he is so registered shall, whether any person is actually deceived by such pretence or representation or not, be punished in the case of a first conviction with fine which may extend to three hundred rupees and in the case of subsequent conviction with fine which may extend to one thousand rupees.

29. Protection of action taken in good faith. - No suit or other legal proceeding shall lie against the State Government or the Medical Council or any officer or servant of the State Government or Medical Council for anything which is in good faith done or intended to be done under this Act.

30. Jurisdiction of civil courts. - No act done in the exercise of any power conferred by or under this Act on the State Government or the Council or the Registrar shall be questioned in any civil court.

31. Power to make rules. - (1) The State Government, after previous publication, may by notification make rules to carry out the purposes of this Act.

(2) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

32. Regulations. - (1) Subject to the provisions of this Act and of the rules made under section 31, the Medical Council may, with the previous approval of the State Government, make regulations generally to carry out the provisions of this Act.

(2) All regulations made by the Medical Council under this Act shall be published in the official Gazette.

(3) It shall be lawful for the State Government by notification to cancel or alter any regulation made under this Act.

33. Control. - (1) If at any time it shall appear to the State Government that the Council has failed to exercise, or has exceeded or abused any of the powers conferred upon it by or under this Act, or has failed to perform any of the duties imposed upon it by or under this Act, the State Government may, if it considers such failure, excess or abuse to be of a serious character, notify the particulars thereof to the Council, and if the Council fails to remedy such default, excess or abuse, within such time as the State Government may fix in this behalf, the State Government may dissolve the Council and cause all or any of the powers and duties of the Council to be exercised and performed by such person and for such period as it may think fit and thereupon the funds and property of the Council shall vest in the State Government for the purpose of this Act until a new Council shall have been constituted under section 3.

(2) When the State Government has dissolved the Council under sub- section (1), it shall take steps as soon as may be convenient to constitute a new Council under section 3 and thereupon the property and funds referred to in sub-section (1) shall revest in the Council so constituted.

(3) Notwithstanding anything contained in this Act, rules or regulations, if, at any time, it shall appear to the State Government that the Council or any other authority empowered to exercise any of the powers or to perform any of the functions under this Act, has not been validly constituted or appointed, the State Government may cause any of such powers or functions to be exercised or performed by such person in such manner and for such period not exceeding six months and subject to such conditions as the State Government thinks fit.

34. Repeal and savings. - The Bombay Medical Act, 1912 (Bombay Act VI of 1912), as in force in the [Belgaum Area], the Medical Registration Act, 1348F. (Hyderabad Act I of 1348 Fasli), as in force in the [Gulburga Area] the Madras Medical Registration Act, 1914 (Madras Act IV of 1914), as in force in the [Mangalore and Kollegal Area] and the Mysore Medical Registration Act, 1931 (Mysore Act V of 1931), as in force in the Mysore Area, are hereby repealed:

Provided that until the constitution of the Medical Council in accordance with the provisions of this Act, the body functioning as the [Karnataka Medical Council] immediately before the commencement of this Act shall exercise the powers and perform the duties conferred by the provisions of this Act on the Medical Council and casual vacancies in the seats of the members of the Medical Council so functioning shall be filled and all matters in connection with the filling up of such vacancies shall be regulated in accordance with the provisions governing the filling of such vacancies and regulating such matters in force immediately before the commencement of this Act subject to such modifications of the said provisions as the State Government may by notification make in the said provisions:

Provided that section 6 of the [Karnataka] General Clauses Act, 1899 ([Karnataka] Act III of 1899), shall be applicable in respect of such repeal and sections 8 and 24 of the said Act shall be applicable as if the said enactments had been repealed and re-enacted by this Act.

35. Power to remove difficulties. - (1) If any difficulty arises in giving effect to the provisions of this Act in consequence of the transition to the said provisions from the provisions of the Acts in force immediately before the commencement of this Act, the State Government, may by notification make such provisions as appear to it to be necessary or expedient for removing the difficulty.

(2) Every notification issued under sub-section (1) shall, as soon as may be after it is issued, be laid before both Houses of the State Legislature.

Notification

Bangalore, dated 19th August, 1963 [No. PLM 251 MDA 61]

In exercise of the powers conferred by sub-section (3) of Section 1 of the Mysore Medical Registration Act, 1961 (Mysore Act 34 of 1961), the Government of Mysore hereby appoints the 22nd August 1963 as the date on which the provisions of the said Act shall come into force.

(Published in the Karnataka Gazette, Part IV-2C(ii), dated 5th September, 1963 at page. 656.)

Notification

(Published in the Karnataka Gazette, Part IV-A (Extra Ordinary) No. 110, dated: 14.02.2012)

Bangalore, Dated: 13th February, 2012 (No. HFW 416 MPS 2011)

In exercise of the powers conferred by sub-section (2) of Section 1 of the Karnataka Medical Registration (Amendment) Act, 2003 (Karnataka Act 43 of 2003), the Government of Karnataka, hereby appoints the 1st day of March 2012 as the date on which all the provisions of the said Act, shall come into force.


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