Assam Medical Council Act, 1999
No: 26 Dated: Mar, 30 2000
Amendment:-Assam Medical Council (Amendment) Act, 2014
ASSAM MEDICAL COUNCIL ACT, 1999
ASSAM ACT No XXVI OF 1999
An Act to provide for the reconstitution of the Medical Council of Assam and the maintenance of a Medical Practitioner's Register for Assam and for matters connected therewith.
Preamble:- Whereas it is expedient to provide for the reconstitution of the Medical Council of Assam and the maintenance of a Medical Practitioner's Register for Assam and for matters connected therewith.
It is hereby enacted in the Fiftieth Year of the Republic of India as follows:-
1. Short title, extent and commencement:- (1) This Act may be called the Assam Medical Council Act, 1999.
(2) It extents to the whole of Assam.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions:- In this Act, unless the context otherwise requires,
(a) "Council" means the Assam Medical Council constituted under section 3 ;
(b) "medicine" means modern scientific medicine in all its branches and includes surgery and obstetrics, but does not includes veterinary medicine and surgery or the Homeopathic, the Ayurvadic or the Unani or any other system of medicine, and the expression 'medical' shall be construed accordingly ;
(c) "registered practitioner" means any person registered under the provisions of this Act,
(d) "recognised medical qualification" means any of the medical qualifications referred to in the Schedule ;
(e) "President" means President of the Council,
(f) "Registrar" means a Registrar appointed under section 13;
(g) "State Government" means the Government of Assam ;
(h) "University" means any University in India established by law and having a medical faculty ;
(i) the expression "legally qualified medical practitioner" and all other expressions importing a person recognised by law as a medical practitioner or a member of the medical profession, as used in any Assam Act or any Act of the Central Legislature in force in Assam, ,shall be deemed to mean a medical practitioner registered under this Act.
3. constitution and composition of the Council:- (1) The State Government shall cause to be constituted a Council consisting of the following members, namely:-
(a) six members including the Director Medical Education and Research and the Principals of the three Medical Colleges in the State to be nominated by the State Government.
(b) one member from amongst the teaching members of each of the medical colleges of Assam as nominee of the concerned University of that College ;
(c) three members from amongst the members of the State Health Service to be nominated by the Director Health Services, Assam;
(d) ten members to be elected directly by the medical practitioners registered with the Council.
(2) No registered practitioner shall be entitled to vote or stand as a candidate for election at an election of members or be nominated unless he -
(i) is a citizen of India and
(ii) either resides or carries on profession or is employed anywhere within the State of Assam.
(3) In making nomination as under clause (a) of sub-section (1) the State Government shall have due regard to the claims of women, of Medical Organisation and of other groups of parctitioners, representatives of whom have not been nominated or elected by the electorates referred to in clmrnes (b), (c) and '(d) of sub-section (I).
(4) Director, Medical Education and Research, Assam shall be the President of the Council.
(5) One Vice President shall be elected by the members of the Council in its first meeting. ,
(6) No act done by the Council shall be questioned on the ground merely on the existence of any vacancy in or any defect in the constitution of the Council.
4. Qualification of members:- No person shall be eligible to be a member of the Council unless he is a registered practitioner.
5. Nomination of members in default of election etc:- In case the authorities concerned fail to nominate or elect, as the case may be, members as provided in clause (b), (c) and (d) of sub-section (I) of section 3, the Council shall be deemed to have been constituted with the members nominated by the State Government under the provisions of clause (a) of sub-section (I) of section 3
6. In corporation of the Council:- The Council shall be a body corporated by the name of the Assam Medical Council having perpetual succession and a common seal with power to acquire and hold property both movable and immovable and to contract and shall by the said name sue and be sued.
7. Publication of name of members:- The name of every member elected or nominated to the Council, shall be published by the State Government in the Official Gazette.
8. Terms of office of Vice President and members:- (1) The Vice President of the Council shall hold office for a term not exceeding two years and not extending beyond the expiry of his tenn as member of the Council.
(2) Subject to the other provisions of this Act a member shall hold office for a term of five years from the date of his nomination or election or until his successor shall have been duly nominated or elected, whichever is longer.
(3) Members of the Council shall be eligible for re-nomination or re-election.