WEST BENGAL MEDICAL COUNCIL

WEST BENGAL MEDICAL COUNCIL ACT

Bengal Act No. VI of 1914

THE BENGAL MEDICAL ACT, 1914

( Published in the Calcutta Gazette of the 27th May, 1914)
(As amended by West Bengal Act XVI of 1954, 
published in the Calcutta Gazette Extraordinary of June 1, 1954)
An Act to provide for the registration of Medical Practitioners in
Bengal and for matters connected therewith

Preamble

Whereas the sanction of the Governor General has been obtained  under  Section 5 of  the  Indian Councils Act, 1982, to the passing of this Act :
    It is hereby enacted as follows :

Short title, local extent and Commencement

PRELIMINARY
1. (1) This Act may be called the Bengal Medical Act,     1914
     (2) It extends to the whole of Bengal; and
     (3) It shall come into force on the day on which it is published   in  the  Calcutta  Gazette  after  having  received the assent of the Governor General.
 
Provided  that  Section 29, Section 30 and Section 31 shall  not  come  into force until a date to be appointed in this  behalf  by  the  Local  Government by notification in the Calcutta Gazette. *

Definitions

2.  In this  Act, unless  there is  anything repugnant in the subject or context -
 
(a) Deleted     Vict., c.90, 21 and 22        
(b) The expression "the Council" means the Council established under section 3;     
(b) The    expression  "medicine"  means  the modern  scientific  medicine and includes  surgery and obstetrics,   but   does   not    include   veterinary medicine  or veterinary  surgery or  the Homoeopathic,  the  Ayurvedic or  the  Unani  system of medicine; and  the  expression  "medical" shall be construed accordingly;
(c) The expression "registered practitioner" means any  person registered under the provisions of this Act;
(d) The  expressions "President" and "Vice-President" mean  respectively  the  President  and  the  Vice- President of the Council; and
(e) The   expression   "Registrar"  means  a  Registrar appointed under section 14.

Establishment of the West Bengal Medical Council

3.  A Council  shall be established and called "The West Bengal Medical Council" and such Council shall be a body corporate and have perpetual succession and a common  seal and shall by the said name sue and be sued.
Amendment of Section 4 of Bengal Act. VI of 1914 as made through the 
Bengal Medical ( Amendment ) Act, 1969
        
4. (1) The Council shall consist of the following members, namely : -
 
    (a) Three members to be nominated by the State Govt.
    (b) One member to be elected from amongst themselves by such members of the authorities of each of the
          Universities as are registered practitioners;
    (c) Two members to be elected from amongst themselves by the members of the Governing Body of the State Medical Faculty of West Bengal so long as that body continues to hold qualifying Examinations in Medicine;
    (d) The Director of Medical Education and Ex-Officio  Secretary, Department of Health & Family Welfare, Government of West Bengal, ex-officio.
    (e) The  President,  Indian  Medical Association, West  Bengal State Branch, ex-officio
    (f) The Dean of the Faculty Council for Post-Graduate Studies in Medicine of each University, ex-officio
    (g) Seven members, of whom at least one shall be from each of the Universities outside Calcutta, to be elected by the Principals, Professors, Associate Professors, Readers, Assistant Professors and Lecturers of Medical Colleges affiliated to be Universities from amongst themselves.

West Benl Act LIX of 1980

Explanation :
          "Calcutta" shall have the same meaning as in the  Calcutta Municipal Corporation Act 1980.

(h) Nine  members, of whom not less than five shall be graduates and not less than two shall be Licentiates in Medicine, to be elected by the registered practitioners from amongst themselves.
    
Provided that no registered practitioner shall be entitled to vote or stand as a candidate for election at an election of members
under this clause unless he -
(i) is a citizen of India ; and
(ii) either resides or carries on his profession or is employed in West Bengal.
Explanation :
For the purposes of this sub-section, "University" shall mean a University, constituted under an Act  of the State Legislature, which awards degrees in the subject of medicine.
    
4 (2) If  a  person  is  elected  as a member under more than one of the clauses of sub-section (1), he shall, within  such  period  as may be prescribed by rule made in this behalf under section 33, inform the Registrar under which of the clauses he desires to be treated as elected  and  hereupon he shall be deemed to have been elected under that clause and the seat  to which  he was elected under any other clause shall be deemed to be vacant. Until he so informs the Registrar he shall not be entitled to act as a Member; and in the event of his failure to inform the Registrar within the prescribed period, every seat to which he was elected shall be deemed to be vacant.

Nomination of members in default of

5. If any of the electoral bodies referred to in clauses (b) to (e) of  Sub-section (1) of Section 4 does not, by such date as may be prescribed by rule made in that behalf under section 33, elect a person to be a member of the Council, the Local Government shall nominate a member in his place; and any person so nominated shall be deemed to be a member as if hehad been duly elected by such body.

Disqualifications for being elected or nominated a member

6. A person shall be disqualified for being elected or nominated a member of Council if he – 
 
(a) is not registered under this Act, or
(b) has been sentenced by any Court for any non-bail able offence such sentence not having been subsequently
      reversed or quashed, and such person’s disqualification on account of such sentence not having been removed
      by any order which the Local Government are hereby empowered to make, if they think fit, in this behalf;
(c) is an undischarged insolvent; or
(d) is not a citizen of India either residing or carrying on his profession or employed in West Bengal.

Publication of names of members

7. The name of every member elected or nominated under sub-section (1) of section 4 or section 5
shall be published by the Local Government in the Calcutta Gazette.

Leave of absence to members

8. The Council may permit any member to absent himself from meetings of the Council for any period
not exceeding six months.

Cessation of membership

9. A member of the Council shall be deemed to have vacated his seat –

(a) on his absence without excuse sufficient in the opinion of the Council from three consecutive
      meetings of the Council; or
(b) on his absence out of India for any period exceeding six consecutive months; or
(c) on his becoming disqualified for election or nomination as a member for any of the reasons
      mentioned in section 6; or
(d) on his name being removed under clause (a) of section 25 from the register of registered
      practitioners; or
(e) on his qualifying degree or diploma or certificate being revoked by the body which granted
      him such degree, diploma or certificate.
 
(2) On the occurrence of any vacancy referred to in sub-section (1), the President shall forthwith report
      the fact of such vacancy to the Local Government.

Filling of casual vacancies

10. Amendment of Section 10 of the Ben. Act. VI of 1914 as made through the Bengal Medical ( Amendment ) Act, 1989 :
 
(1) When the Office of a member of the Council becomes vacant by his resignation or death or under sub-section(2) of section 4
or sub-section (1) of section 9: -
 
(a) if such member was nominated under clause (a) of sub- section 1 of sec.4, a new member shall be nominated by the state Government
      within two months of the vacancy;
(b) if such member was elected under clause (b), clause (c) or clause (g) of sub-section (1) of section 4, a new member shall be elected within
      two months of the vacancy in the manner provided in such clause;
(c) if such member was elected under clause (h) of sub-section 1 of section 4, the candidate who secured at the election the maximum number
      of votes among candidates excepting all members, who were elected under that clause shall, if not disqualified under section 6, be deemed
      to have been elected in the place of such member: -

Provided that :
 
(i) Where there are several candidates who secured such maximum number of votes, such one of them, as may be selected by lot in accordance
      with rule made in this behalf under Section 33, shall be deemed to have
      been elected;
(ii) Deleted.
(iii) If the candidate, who is elected or would otherwise have been deemed to have been elected under this clause, is dead or refuses to serve as a              member of the Council, the candidate who secured the next highest number of votes shall be declared elected in the vacancy caused by such              death or refusal.
 
Explanation :
 
A candidate elected under the clause shall be deemed to have vacated his seat if he refuses in writing to serve as a member of this Council.
 
 
(2) The term of Office of a member, nominated or elected or deemed to have been elected, under sub- section (1), shall commence on such date as
      may be notified in this behalf by the State Government in the Official Gazette and shall continue for so long as the member whose place he fills,
      would have been entitled to hold office if the vacancy had not occurred.
 
(3) No act of the Council or any Committee of the Council or of their members shall be deemed to be invalid by reason only that the number of
      members in the Council at the time of the performance of such act was less than the number provided by section 4.

Term of office of members

11.    
(1) The term of office of a member of the Council nominated or elected under section 4 or nominated under section 5
      shall commence on such date as may be notified in this behalf by the State Government in the Official Gazette; and
 
(2) Subject to the provisions of section 9 and section 10, the terms of office of members shall be five years plus such period
      as may elapse between the period of five years aforementioned and the date notified in the notification under sub-section (1)
      next following such period of five years.
 
(3) Any member shall if not disqualified for any of the reasons mentioned in section 6, be eligible for re- election or renomination
     at the end of his term of office.

President

11A.
(1) The members of the Council shall at their first meeting after the notification referred to in sub-section (1) of
      section 11, recommend in such manner as may be prescribed by rule made in this behalf under section 33,the names
      of three persons for the purpose of this subsection; and the State Government shall nominate one of such persons to be
      the President of the Council.
 
(2) The President, if he is not already a member, shall be a member of the Council in addition to the members referred
      to in Section 4.
 
(3) The State Government shall publish the name of the President in the Official Gazette and his term of office shall commence
      from the date of such publication.
 
(4) The President shall hold Office for a period of five years, or until his successor is nominated, whichever is longer.
 
(5) 
(a) may at any time by writing under his hand addressed to the State Government resign his Office,
 
(b) shall be deemed to vacate his office in all cases where a member is deemed to vacate his Office under
      sub-section (1) of section 9.
 
(6) As often as the Office of the President becomes vacant by his death or under sub-sec (5), the Council shall at a special meeting
      to be called for the purpose within one month of the vacancy recommend in such manner as may be prescribed by rule made in
      this behalf under sec.33, the names of three persons for the purpose of this sub-sec; and the State Govt. shall nominate another
      President from such persons.
 
(7) A President nominated to fill a vacancy, shall hold office for so long as the President whose place he fills would have been entitled
      to hold office if the vacancy had not occurred.

(8) The President shall perform such functions as may be prescribed by rules made in this behalf under section 33.
 
(9) Notwithstanding anything contained in the foregoing subsections for a period of five years from the 15th day of January 1955
      and for such additional period as may expire until the nomination of a President under sub-section (1), the State Government
      shall appoint, as often as may be necessary, such person, as it thinks fit, to be the President. The provisions of sub-sections (2),(3),(4), (5),(7)         and (8) shall apply to such President.

Vice President

11B.
(1) The members of the Council shall at their first meeting after the notification referred to in sub- section (1) of section 11,
      elect among themselves a Vice-President in such manner as may be prescribed by rule made in this behalf under section 33.
 
(2) A Vice-President -
(a) May at any time by writing under his hand addressed to the State Government resign his Office.
 
(b) Shall be deemed to vacate his office if he ceases to be a member of the Council.
 
(3) As often as the Office of the Vice-President becomes vacant by his death or under sub-section (2), the Council shall elect
      another member to be the Vice- President, in the manner prescribed by rule made in this behalf under section 33.
 
(4) The Vice-President shall perform such functions as may be prescribed by rule in this behalf under section 33.

Executive Committee

11C.
(1) The members of the Council shall constitute among themselves an Executive Committee to perform such
      functions as may be delegated to it by the Council.
 
(2) The Executive Committee shall consist of the President and the Vice-President, ex-officio, and five other
      members elected by the Council.
 
(3) The President and the Vice-President of the Council shall be the President and the Vice-President, respectively,
      of the Executive Committee.
 
(4) The term of office of an elected member of the Executive Committee shall be two years from the date of his election but, subject to his
      being a member of the Council, he shall be eligible for re- election to the Executive Committee.
 
(5) No business shall be transacted at any meeting of the Executive Committee unless a quorum of three members be present.
 
(6) The Council may make regulations under sub-section (3) of section 33 for the conduct of business of the Executive Committee.

Meetings

12.
 
(1) The Council shall make regulations to regulate –
(a) the times and places at which their meetings shall be held;
(b) the issue of notices convening such meetings;
(c) the conduct of business thereat, and
(d) the appointment, powers and duties and procedure of special committees
      ( including special committees appointed under sub-section ( 2 ) of section 19 );
 
Provided that –
(i) No business shall be transacted at any meeting (of the Council) unless a quorum of 7 members be present; and
(ii) save as provided in section 17 and section 25, all questions arising at any meeting (of the Council) shall be decided
      by the votes of the majority of the members present and voting, or, in case of an equality of votes, by the casting vote of
      the President, or in his absence, of the member presiding at the meeting.
 
(2) Until such time as the regulations referred to in subsec.(1) have come into operation, it shall be lawful for the President to summon
      a meeting at such time and place as to him shall soon expedient, by letter addressed to each member.

Payment of fees and travelling expenses to members

13.

There shall be paid to the members of the Council such fees for attendance at meeting of the Council or of special committees or
of the Executive Committee and such reasonable travelling expenses for such attendance and for journeys undertaken in the discharge
of their duties under this Act, as may from time to time, be allowed by the Council and approved by the Local Government.

Registrar and Establishment of Council-

14

(1). With the previous sanction of the Local Government, the Council: -
 
[a] shall appoint a Registrar;
[b] may grant leave to such Registrar and appoint a person to act in his place; and
[c] shall pay to the Registrar and to the person (if any) appointed to act in his place such salary and
      such allowances (if any) as the Council may determine.
 
(2) The Council may appoint such other Officers and such clerks and servants as they may consider necessary
      for the purposes of this Act, and shall pay them such salary and such allowances (if any) as the Council may determine.
 
(3) The Registrar shall act as Secretary to the Council.

XLV of 1860

(4) Every person appointed under sub-section (1) and sub-section (2) shall be deemed to be a public servant within the meaning
      of section 21 of the Indian Penal Code.

Orders of Council for maintenance of register of registered medical practitioners.

THE REGISTER OF REGISTERED PRACTITIONERS
 
15.
(1) The Council shall, as soon as conveniently may be after the commencement of this Act and from time to time as
      occasion may require, make orders for regulating the maintenance of a register of registered practitioners
 
(2) The said register shall be kept in such form may be prescribed by rule made under section 33.

Maintenance of register by Registrar

16. (1)
The Registrar shall keep the register of registered practitioners in accordance with the provisions of this Act and
of any orders made by the Council, and shall from time to time make all necessary alterations in the registered addresses or
appointments, and the registered qualifications of such practitioners and erase the names of any practitioners who have died.
 
16. (2)
To enable the Registrar to fulfil the duties imposed upon him by sub-section (1), he may send through the post a letter to
any registered practitioner addressed to him according to his registered address or appointment, to inquire whether he has
ceased to practice or whether his residence or appointment has been changed; and if no answer to any such letter is received
within a period of six months from its despatch, the Registrar may erase the name of such registered practitioner from the Register.
Provided that any name erased under this sub-section may be re-entered in the register under the direction of the Council.

Persons referred to in Schedule entitled to be registered

17. Every person who possesses any of the qualifications referred to in the Schedule shall, subject to the provisions
hereinafter contained and on payment of such fees as may be prescribed in this behalf by regulation made under section 33,
be entitled to have his name entered in the register of registered practitioners:
 
Provided that the Council may refuse to permit the registration of the name of any person –
 
[a] who has been sentenced by any Court for any non-bail able offence such sentence not having been subsequently
reversed or quashed, and such person’s disqualification on account of such sentence not having been removed by an order
which the Local Government are hereby empowered to make, if they think fit, in this behalf; or
 
[b] whom the Council, after due inquiry (at which an opportunity has been given to him to be heard in his defence and
to appear either in person or by counsel, vakil, pleader or attorney, which may, in the discretion of the President, he held in camera)
have found guilty, by a majority of two-thirds of the members present and voting at the meeting of infamous conduct in any
professional respect.

Amendment of Schedule

18. If the Council are satisfied –
 
(a) that any qualification certified by any University, Medical Corporation, examining body or other Institution within India is
a sufficient guarantee that persons possessing such qualification possess the knowledge and skill requisite for the efficient
practice of medicine, or
 
(b) that any qualification referred to in Article 2 of the Schedule is not a sufficient guarantee as aforesaid, they may make a report
to the effect to the Local Government who may, if they think fit, thereupon direct, by notification in the Calcutta Gazette –
 
(i) in case (a) – that the possession of such qualification shall subject to the provisions hereinafter contained and on
payment of such fee as may be prescribed in this behalf by regulation made under section 33, entitle any person to have his
name entered in the register of registered practitioners , or
 
(ii) in case (b) – that the possession of such qualification shall not entitle any person to have his name entered in the said
register; and the Schedule shall thereupon be deemed to be altered accordingly.

Power to Council to call for certain information from authorities of Medical College or School included or wishing to be included in the schedule

19.
(1) The Council shall have power to call on the authorities of any examining body included in or desirous of being
included in the Schedule –
 
(a) to furnish such reports, returns or other information as the Council may require to enable them to judge of
the standard of the examinations held by such body and of the efficiency of the instruction given in the Medical
Colleges or Schools or Institutions where candidates for the examination by such body are trained ; and
 
(b) to provide facilities to enable any member of the Council ( deputed by the Council in this behalf) to be
present at the examinations to be held by such examining body.
 
(2) The Council shall have power to inspect any Medical College or School or Institution where candidates for
examination by such examining body are trained and may for this purpose appoint a Special Committee of not less
than three or more than five members of the Council to inspect any such Medical College or School or Institution and
submit a report in regard thereto to the Council.

Information to be furnished to Registrar with application for registration

20. Every person who applies to have his/her name entered in the register of registered practitioners –
 
(a) must satisfy the Registrar that he is possessed of some qualification referred to in the schedule, as altered by
      notifications ( if any ) issued under section 18; and
 
(b) (deleted) ;
 
(c) must correctly inform the Registrar of the dates on which he obtain the qualifications which entitle him to claim
      registration under this Act.

Entry of new qualifications in the register

21.
(1) If any person whose name is entered in the register of registered practitioners obtains any medical qualification other than
      the qualification in respect of which he has been registered, he shall on payment of such fee as may be prescribed by regulation
      made in this behalf under section 33, -
 
(i) if such qualification be a qualification included in the schedule, - be entitled to have such qualification entered
     against his name in the register either in substitution for or in addition to any entry previously made;
 
(ii) if such qualification be a qualification not included in the schedule, - be entitled to have such qualification entered
      against his name in the register as an additional qualification, provided such qualification is included in the list prepared
      under subsection
 
(2) The Council shall from time to time prepare a list of qualifications (not being qualifications included in the schedule) which
      may be approved by them for the purpose of this section.

Disposal of fees

22. All fees received by the Council under this Act shall be applied for the purposes of this Act, in accordance with such rules as
      may be made by the Local Government under section 33.

Appeal to Council from decision of Registrar

23. If any person in dissatisfied with any decision of the Registrar, refusing to enter the name or qualification of such person in the
      register of registered practitioners, he may, at any time within three months from the date of such decision, appeal to the Council,
      whose decision shall be final.

Erasure of fraudulent and incorrect entries

24. Any entry in the register of registered practitioners, which is proved to the satisfaction of the Council to have been fraudulently or
      incorrectly made, may be erased under an order in writing of the Council.

Powers to Council to direct removal of names from register, and reentry of names therein

25. The Council may direct -
 
(a) that the name of any registered practitioner -
 
(i) who has been sentenced by any Court for any non- bailable offence such sentence not having been subsequently reversed or
quashed, and such person’s disqualification on account of such sentence not having been removed by an order which the Local
Government are hereby empowered to make, if they think fit, in this behalf or
 
(ii) whom the Council, after due inquiry in the same manner as provided in Clause (b) of Sec.17 have found guilty by a
majority of two-third of the members, present and voting at the meeting of infamous conduct in professional respect,
be removed from the register of Registered Practitioners or that the practitioner be warned; and
 
(b) that any name so removed be afterwards re-entered in the register.

Effect of removal of name from register

25A.
 
(1) A registered practitioner whose name has been removed from the register under Clause (a) of section 25 shall forthwith
surrender his certificate of registration to the Registrar, and the name so removed shall be published in the Official Gazette.
 
(2) If the name of a registered practitioner removed under clause (a) of section 25 is afterwards re-entered in the register
as provided in clause (b) of that section the fact of such re-entry shall be published in the Official Gazette and the certificate of
registration shall be returned to the registered practitioner by whom it was surrendered.

Appeal to the local Government from decision of the Council

26.
 
(1) An appeal shall lie to the Local Government from every decision of the Council under section 17 or section 25.
 
(2) Every appeal under the sub-section (1) shall be preferred within three months from the date of such decision.

Bar to suits and other legal proceedings

27. No suit or other legal proceeding shall lie in respect of any act done in the exercise of any power conferred by
      this Act on the Local Government or the Council (or any Committee of the Council) or the Registrar.

Notice of deaths, and erasure of names from register

28
 
(1) Every Registrar of Deaths, who receives notice of the death of any person whose name he knows to be entered in the
      register of registered practitioners, shall forthwith transmit by post to the Registrar of the Council a certificate of such death,
      signed by him and stating particulars of the time and place of death.
 
(2) On receipt of -
 
(a) any such certificate, or
 
(b) any other reliable information regarding such death, the Registrar of the Council shall erase the name of the
      deceased person from the register.

Penalty on unregistered person representing that he is registered

29. If any person whose name is not entered in the register of registered practitioners falsely pretends that it is so entered, or
      uses in connection with his name or title any words or letters or number representing that his name is so entered, he shall,
      whether any person is actually deceived by such representation or not, be punishable, on conviction by a Presidency Magistrate
      or a Magistrate of the first class, with imprisonment which may extend to six months or with fine which may extend to five
      hundred rupees.

Penalty for failure to surrender certificate of registration

29A.
 
(1) If any registered practitioner whose name has been removed from the register under clause (a) of section 25
      fails without sufficient cause forthwith to surrender his certificate of registration, he shall be punishable with fine,
      which may extend to fifty rupees.
 
(2) Cognizance of an offence punishable under this section shall not be taken except upon complaint made by an order of
      the Council.

Construction of references in Acts to medical practitioners

30. The expression “legally qualified medical practitioner”, or “duly qualified medical practitioner”, and all other
      expressions importing a person recognized by law as a medical practitioner or a member of the medical profession, as used in
      any Bengal Act or any Act of the Central Legislature in force in Bengal, shall be deemed to mean a medical practitioner
      registered under this Act, and no certificate, required to be given by any Medical Practitioner or medical Officer under any Bengal
      Act, or any Act of the Governor General of India in council in force in Bengal, shall be valid unless such practitioner or officer
      is registered under this Act.

Unregistered Persons not to hold certain appointments

31.
 
(1) No person other than a registered practitioner shall be competent to hold appointment as a physician, surgeon, obstetrician or
      other medical officer in any hospital (including a lying-in-hospital), asylum, infirmary, dispensary or other similar institution,
      which is supported entirely or partially by funds supplied by the State Government or by a local authority.
 
(2) Any appointment made in contravention of sub- section (1) shall be void and illegal.

Publication and use of Medical List

M E D I C A L L I S T
 
32.
 
(1) The Registrar shall, after the expiry of every period of three years, on or before a date to be fixed in this
      behalf by the Council cause to be printed and published a correct list of the names for the time being entered in the
      register of registered practitioners, and setting forth –
 
(a) all names entered in the register arranged in alphabetical order
      according to the surnames,
 
(b) the registered address or appointment of each person whose name is entered in the register, and
 
(c) the qualifications of each such person represented by the abbreviations therefor and the year in which each
     such qualification was obtained.
 
(1A) The Registrar shall on the expiry of every year [other than the year in which a list is printed and published
         under subsection (1)], on or before a date to be fixed in this behalf by the Council, cause to be printed and
         published a list supplementary thereto, containing additions and alterations in the register of registered
         practitioners, since the publication of the list under sub-section (1).
 
(2) Every Court shall presume that any person whose name is entered in the latest list printed and published under
      subsection (1) read with the latest list supplementary thereto, if any, printed and published under sub-section (1A)
      is duly registered under this Act, and that any person whose name is not so entered is not registered under this Act:
      Provided that, in the case of any person whose name does not appear in the latest list printed and published
      under subsection (1) read with the latest list supplementary thereto, if any, printed and published under sub-section (1A),
      a certified copy, signed by the Registrar, of the entry of the name of such person in the register of registered
      practitioners shall be evidence that such person is registered under this Act.

Rules and Regulations

33.
 
(1) The Local Government from time to time make rules to carry out the purposes of this Act.
 
(2) In particular, and without prejudice to the generality of the foregoing power, the Local Government
      may make rules –
 
(a) to regulate elections under clauses (b), (c), (d) and (e) of sub-section (1) of section 4;
 
(a1) the period to be prescribed under sub-section (2) of section 4;
 
(a2) the manner of selection by lot referred to in proviso (i) to clause (c) of sub-section (1) of section10;
 
(a3) the manner of recommending names under subsection (1) and sub-section (6) of section 11A, the election
        of the Vice-President referred to in sub-section (1) of section 11B, the manner of filling vacancies referred to in
        sub-section (3) of that section and the functions to be performed by the President and the Vie-President;
 
(b) to prescribe the form of the register of registered practitioners to be maintained under this Act;
 
(c) to regulate the application of fees under section 22; and
 
(d) to regulate the procedure to be followed by the Council in -
 
(i) conducting any inquiry referred to in proviso (b) in section 17 or clause (a) of section 25; and
 
(ii) disposing of appeals from the decision of the Registrar preferred under section 23.
 
(3) In addition to the power conferred by sub-section (6) of section 11C, section 12 and sub-section (1) of
      section 21 the Council may, with the previous sanction of the Local Government make regulations-
 
(a) to prescribe the fees chargeable in respect of any registration under this Act; and
 
(b) to regulate the keeping of accounts of such fees.
 
(4) All such rules and regulations shall be published in the Calcutta Gazette.

Transitional Provisions

* 34.
 
(1) This Act has effect subject to the provisions of Chapter III of Part-V of the Government of India Act, 1935.
 
(↑) All properties vested in the West Bengal Council of Medical Registration and all action taken and things done
by it shall be deemed to be vested in or taken or done by the West Bengal Medical Council.
 
* Section 34 was added by the Government of India ( Adaptation of Indian Laws ) Order, 1937.
 
(↑) See Section 33 of the Bengal Medical (Amendment) Act, 1954 ( West Bengal Act XVI of 1954 ).
Notwithstanding the commencement of this Act, the West Bengal Council of Medical Registration as constituted immediately
before the commencement of this Act and the members and the President thereof shall be deemed up to the 14th day of January 1955
( inclusive ), to be respectively the West Bengal Medical Council and the members and the President thereof.

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