No: 13 Dated: Apr, 12 1952

The Rajasthan Medical Act, 1952

Act No. 13 of 1952

    An Act to provide for the registration of Medical Practitioners in Rajasthan.

    Whereas, it is expedient to provide for the registration of Medical Practitioners in Rajasthan:

It is hereby enacted as follows:-

1. Short title, extent and commencement. - (1) This Act may be called the Rajasthan Medical Act, 1952.

(2) It extends to the whole of Rajasthan.

(3) It shall come into force on the day on which it is first published in the Rajasthan Gazette:

    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 Government by notification in the Rajasthan Gazette.

2. Interpretation. - (1) In this Act, unless there is something repugnant in the subject or context:-

(a)"the council" means the Medical Council established under Section 3:

(b) "registered practitioner" means any person registered under the provisions of this Act:

(c) "Hospitals". "Asylumn". "Infirmaries". "Dispensaries". "Lying-in Hospitals", and "Nursing Homes", means institutions the methods of treatment carried on in which are those which are approved by the Medical Council established by this Act:

(d) "prescribed" means prescribed by rules or regulations made under this Act: and

(e) "Government" means the Government of Rajasthan.

    (2) The provisions of the General Clauses Act, 1897. of the Central Legislature shall, mutatis mutandis, apply so far as may be, to this Act in the same manner, as they apply to a Central Act.

3. Establishment of Rajasthan Medical Council. - A Council shall be established and called the "Rajasthan 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.

4. Constitution of Council. - The said Council shall consist of the following members, namely:-

(a) a President to be nominated by the Government:

(b) three members to be nominated by the Government:

(c) one member to be elected from amongst the members of the Faculty of medicine by the Senate of the University of Rajaputana:

(d) one member to be elected by and from among the staff of each medical School or College affiliated to the University of Rajaputana:

(e) three members to be elected from amongst themselves by registered practitioners who are graduates in Medicine or Surgery, and

(f) three members to be elected from amongst themselves by registered practitioners other than those referred to in clause (e).

5. Nomination of members in default of election. - If any electoral body referred to in Section 4 does not by such date as may be prescribed, elect a person to be a member of the Council, the Government shall nominate a member in his place and any person so nominated shall be deemed to be a member, as if he had been duly elected by such body.

6. Disqualifications for membership. - A person shall be disqualified for being elected or nominated a member of the Council, if he-

(a) is not a registered practitioner, or

(b) 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 any order which the Government is hereby empowered to make, if it thinks fit, in this behalf, or

(e) is an undischarged insolvent, or

(d) has been adjudged by competent Court to be of unsound mind.

[6A. Establishment of first Council. - Notwithstanding anything contained in the foregoing provisions of this Act-

(a) the members referred to in clauses (e) and (f) of Section 4 of the first Council established under section 3 shall be nominated by the Government, and

(b) all the members of such first Council, whether nominated or elected, shall be persons who are qualified to be registered under this Act.]

7. Publication of names of members. - The names of every member elected or nominated under section 4 or section 5 [or section 6A] shall be published by the Government in the Rajasthan Gazette.

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

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