Preamble
Short title, local extent and Commencement
Definitions
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
Nomination of members in default of
Disqualifications for being elected or nominated a member
Publication of names of members
Leave of absence to members
Cessation of membership
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
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
Executive Committee
Meetings
Payment of fees and travelling expenses to members
Registrar and Establishment of Council-
XLV of 1860
Orders of Council for maintenance of register of registered medical practitioners.
Maintenance of register by Registrar
Persons referred to in Schedule entitled to be registered
Amendment of Schedule
Power to Council to call for certain information from authorities of Medical College or School included or wishing to be included in the schedule
Information to be furnished to Registrar with application for registration
Entry of new qualifications in the register
Disposal of fees
Appeal to Council from decision of Registrar
Erasure of fraudulent and incorrect entries
Powers to Council to direct removal of names from register, and reentry of names therein
Effect of removal of name from register
Appeal to the local Government from decision of the Council
Bar to suits and other legal proceedings
Notice of deaths, and erasure of names from register
Penalty on unregistered person representing that he is registered
Penalty for failure to surrender certificate of registration
Construction of references in Acts to medical practitioners
Unregistered Persons not to hold certain appointments
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
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