Punjab Medical Registration Rules, 1917

Rules Made by his Honour the Lieutenant Governor Under Section 24 of the Punjab Medical Registration Act, 1916 Published vide Punjab Government Notification No. 10115, dated 20.4.1917

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Part I

Definitions.- In these rules, unless there is anything repugnant in the subject or context -

(1) "the expression" the Act means the Punjab Medical Registration Act, 1916;

(2) "the President" means the President of the [Haryana] Medical Council nominated under section 5(1)(a) the Act; and

(3) "the Registrar" means the Registrar appointed under Section 10(1) of the Act.

Part II

Compilation and Publication of the [Haryana]Medical Register. - The[Haryana]Medical Register shall be maintained in Form No. 1 in the Appendix to these rules.
The names of persons entitled to be registered shall be entered in the register in the order in which the applications are admitted and sufficient space shall be left for future additions or alterations in the qualifications addressed of such persons.

[4. The Registrar shall record a certificate on the first page of the register stating that it contains pages 1 to __________ and each page of the register shall be verified and signed by the Registrar.]

The Registrar shall in every year, on or before a date to be fixed in this behalf by the Council, cause to be printed and published [in official Gazette]in the Form No. 11 appended to these rules, the list to be known as the [Haryana] Annual Medical List, setting forth -

(a) all names for the time being entered in the [Haryana] Medical [Register should be arranged] in alphabetical order;

[(b) the registered address as given in the application form be entered in the register;]

(c) the registered titles and qualifications of each person, and the date on which each such title was granted or each such qualifications was certified;

[(d) a district-wise index of registered medical practitioners.]

Part III

[6. - Every person will be registered under Indian Medical Registration Act, 1956, on payment of a fee of Rs. 200 (two hundred rupees only) which shall accompany the application form for registration.]

[6A. Every registered practitioner who applies to the Registrar for an alteration in his name other than the additions of recognised titles shall pay a fee of Rs. [10] and furnish such particulars as the Council may desire. Lady doctors whose names are changed on account of marriage shall, however, be exempted from the payment of the fee.]

Every registered practitioner who applies to the Registrar in respect of any additional qualification obtained subsequent to registration or for any alteration shall under the Act pay a fee of Rs. [10]for each addition or alteration [unless the additional qualification has already been registered under any Medical Registration Act in force in any other [State or Union Territory] in India.]

[7A. The Registrar is empowered to erase from the Register with the written approval of the President the name of any registered person with whom he is unable to establish communication provided that any name so erased may be re- entered in the Register by direction of the Medical Council upon payment of a fee of Rs. 20/-].

The Registrar shall receive all fees payable under the Act and shall credit them to the account of the Council in the [State Bank of India or any Scheduled Bank.]

[9. Definition.-

(a) "roll" means the roll of person entitled to vote at an election under these rules;

(b) "the Act" means the [Haryana] Medical Registration Act, 1916.

(d) "the President" means the President of the Haryana Medical Council.

(e) "the Registrar" means the Registrar of the Haryana Medical Council.]

[9A. (1) An election for the seats of members to the Council under clauses (d), (e) and (f) of sub-section (1) of section 5 of the Act shall be held on such date as the Returning Officer to be appointed by the State Government in this behalf, may determine and notice of the date so determined shall be published in the Haryana Government Gazette not less than six weeks before such date and shall also simultaneously be posted at the office of the Council and a copy of such notice shall be sent to every person qualified to vote for the election.

(2) The procedure prescribed in rules 14, 15 and 16 for filling vacancies on the Medical Council shall also apply for the purpose of filling the seats referred to in sub-rule (1).]

Appointment of members of the Haryana Medical Council.- The Registrar shall maintain a list in Form I appended to the rules, containing the names of members elected on the Haryana Medical Council, the electorates they represent, the date of election of each such member, the term of his office and date of retirement, resignation, death of removal of each such member. The list shall also contain similar particulars in regard to the members nominated by Government. The Registrar shall keep the list always up-to-date so that it may show at glance when the election or nomination, as the case may be, is to be made.
Ninety days before the expiration of the term of office of any member appointed on the Council, the Registrar shall make a report in writing regarding the vacancy to the President if the vacancy be in respect of an elected member and to Government through the President if the vacancy is to be in respect of a nominated member.
If a vacancy occurs in the office of a member of the Council previous to the expiry of his term of office through resignation, death, removal or disability of such member of otherwise, the Registrar shall make a report in writing regarding the vacancy to the President if the vacancy be in respect of an elected member and the Government through the President in case the vacancy be in respect of a nominated member.
Procedure to be observed for filing vacancies on the Haryana Medical Council.- A vacancy occurring in any manner whatsoever in relation to an elected member shall be filled by election in the manner hereinafter provided

The State Government shall appoint [Registrar or Deputy Registrar] as a Returning Officer -

(i) in the case of a vacancy occur as a result of the expiry of the term of any member, not later than 6 days before the expiry of such term; and

[(ii) in the case a vacancy occurs as a result of death, resignation or removal, as soon as possible after such death, resignation or removal, the Registrar shall issue a notification in the official Gazette for the information of the electorates specifying the date of election etc. or filling up the vacancy.]

The following procedure shall be adopted for the filling of vacancies by election:-

(1) The Electoral Roll shall be prepared by the Registrar, in Form II appended to these rules. It shall contain the name qualifications and address of every person qualified [under the Indian Medical Council Act, 1956,] to vote for the election of a member to fill up the vacancy or vacancies [as the case may be].

(2) Candidate qualified for being elected shall be proposed and seconded by persons qualified as electors in Form III appended to these rules. No elector shall propose or second the nomination of more persons than are required to fill up the vacancy or vacancies. [A nomination paper shall be declared invalid if a proposer or a Seconder has signed nomination papers of more candidates than the number of vacancies.]

(3) The candidate shall sign the nomination papers declaring that he is willing to serve on the Council. In the absence of such declaration the nomination shall be treated as invalid.

[(4) Every proposal for nomination shall be in writing, and shall be signed by the proposer and seconder, and sent by registered post or delivered personally to the Returning Officer so as to reach him not less than twenty- eight days before such date as may be notified [under rule 9A or rule 13, as the case may be, of these rules.]

(5) Any candidate shall be at liberty to withdraw his candidature within seven days from the last date fixed for the receipt of nomination paper.

(6) If in case of any election the number of candidates duly nominated does not exceed the number, required to fill up the vacancy or vacancies, the Returning Officer shall forthwith declare all such candidates to be elected.

[(7) The Returning Officer after scrutiny of the nomination papers shall forthwith publish the names of validly nominated candidates and their addresses in the Haryana Government Gazette. In case the number of candidates after withdrawal exceed the number of vacancy or vacancies to be filled up, the Returning Officer shall forthwith publish the names of the contesting candidates alongwith their addresses in the Haryana Government Gazette and shall further got their names printed in Ballot Paper in form IV appended to these rules.]

(8) Twenty-one days before such date, as may be appointed by the Returning Officer in this behalf, the Returning Officer shall send [by registered post] to each elector a ballot paper in Form IV appended to these rules, signed by the Returning Officer.

(9) Before such date, as may be appointed by the Returning Officer in this behalf, every elector, desirous of voting, shall send by registered post his ballot paper to the Returning Officer after recording his vote or votes and affixing his signatures thereon in the manner prescribed therein.

(10) The Returning Officer shall attend for the purpose of counting the votes on such date and at such time and place as may be appointed in this behalf. Any candidate may also be present either in person or through an shall accredited representative at the time of counting of votes.

(11) When the counting of votes has been completed, the Returning Officer shall forthwith declare the candidate or candidates, as the case may be, to whom the largest number of votes has been given to be elected and shall forthwith inform the successful candidates by letter of his having been elected to the Council.

(12) When an equality of votes is found between any candidates and an additional vote will entitle any one or more of the candidates to be declared elected, the determination of the person or persons to whom such additional vote shall be deemed to have been given shall be made by lot, to be drawn by the Returning Officer in the presence of the candidates or their accredited representatives who may be present at the time of the counting of votes.

(13) Upon the completion of the counting and after the result has been declared by him, the Returning Officer shall seal the voting papers and all documents relating to the election and shall retain the same with himself for a period of six months and thereafter cause them to be destroyed.

(14) The Returning Officer shall notify in the Haryana Government Gazette and in such other manner as the Council may deem fit the date, time and place fixed for each of the following proceedings :-

(i) the date, time and place fixed for the receipt of nomination paper.

(ii) the date, time and place fixed for the withdrawal of the nomination.

(iii) the date, time and place fixed for the issue of the Voting papers by the Returning Officer.

(iv) the date and time fixed for the receipt of the Ballot papers by the Returning Officer. [The time of receipt of ballot papers will be upto 3.00 P.M.]

(v) the date, time and place fixed for the counting of the ballot papers.

The State Government may, of its own motion, or on an objection made before [it within six months after declaration of the election, declare] any election that has been held to be void on account of corrupt practice or any sufficient cause and may call upon the electorate to make a fresh election. The decision of the State Government under this rule shall be final.
If any question arises as to the intention or application of any of these rules, which in the opinion of the Returning Officer, should be referred to the State Government the Returning Officer shall refer such question to the State Government whose decision thereon shall be final.

[16A. After the declaration of the election of the members held under rule 9A, the Returning Officer shall publish the result of election in the Haryana Government Gazette and send a copy thereof to the State Government.]

After the declaration of the election of any member, and when the President himself is not the Returning Officer, after the receipt by him of notice of such election from the Returning Officer the President shall publish the notice of the election in the Haryana Government Gazette and send a copy to the State Government.

Part V-B

[[[18. Election of Vice President. - [(1) No election of a Vice- President of the Council shall be held at a meeting unless not less than fourteen days notice of holding such meeting has been given to all members of the Council at their ordinary place of residence, which shall specify the date, time and place of such meeting.

(2) A candidate for election to the office of Vice-President shall be proposed by a member and seconded by another member of the council who shall be present at the meeting.]

(3) The person elected shall assume office from the date of election.

[18A. Method of electing Vice-President. - Voting for the office of Vice- President shall be by ballot, and if only one candidate is proposed, he shall be deemed to have been elected as Vice-President. If more than one candidates are proposed, then the members present shall be required to vote by writing 'Yes' or 'No' on the ballot paper, and the member securing majority of votes shall be deemed to have been elected and if two or more candidates, obtain an equal number of votes, then the Chairman of the meeting shall decide between the candidates by drawing lots in the presence of the members attending the meeting.]

(a) if one candidate obtains more votes than any other, then such candidate shall be deemed to be elected;

(b) if two or more candidates obtain an equal number of votes, the Chairman of the meeting shall decide between the candidates by drawing lots in the presence of all the members of the Council who may attend, after due notice to be present for the purpose.

Appendix

Form No. 1

(Vide rule 10)

Register showing the particulars of the Council

1	2	3	4	5	6	7
Name	Address	Whether nominated or elected	Tenure	Date of commencement of tenure	Date on which the term is to expire in the ordinary course	If the appointment is terminated before the due date mentioned in column 6, then the date and reason of such termination

Form II

Electoral Roll

(Vide Rule 14(1)

Haryana Medical Council

1	2	3	4	5	6
Serial No.	Name	Qualification and dates thereof	Address and appointment	Date of registration	Serial No. as in the Register, of Registered Medical Practitioners

Form III

(Vide Rule 14(2)

Nomination Paper

No. _____________________	Serial No._____________________
Nomination paper _________________	Name of Candidate ________________ Qualifications and date thereof
Counterfoil _____________________	Address or appointment ____________
Name and address of the candidate _________________	Date of registration and registration number _____________________
Serial No. on electoral roll ___________	Name of the proposer _____________ electoral roll ______________
Date of despatch ________________	Name of the proposer ____________
Initial of despatching officer ______	Serial number of the proposer on the electoral roll _____________________
	Signature of the proposer _____________
	Name of the seconder_______________
	Serial number of the seconder on the electoral roll _____________________
	Signature of the seconder ___________
	Declaration by Candidate
	I hereby declare that I agree to this nomination.
	Date ________
	Signature of the Candidate ____________

Note. - This nomination paper will not be valid unless it is delivered to the Returning Officer at this office between the hours of eleven O'clock of the forenoon and three O'clock of the afternoon on or before _____________________ 19

(To be Filled by the Returning Officer)

	Certificate of Delivery
	Serial No. _____________________
	The nomination paper was delivered to me at my office at (date and hour)

Date ___________	Signature of the Returning Officer.

Certificate of Scrutiny

I have scrutinized the eligibility of the candidate, the proposer and seconder, and find they are respectively qualified to stand for election, to propose and to second the nomination, and I therefore, accept the nomination.

I have scrutinized this nomination and reject it for the following reasons:-

Date

Signature of Returning Officer.

Form No. IV

(Vide Rule 14(8)

Form of front of Ballot-paper

Counterfoil

Outerfoil

Front

Number on the roll of the elector to whom it is sent

Date of despatch

Initials of despatching officer.

Note. - On the back of the ballot paper the No. on the roll of the elector to whom it is sent should be noted.

Serial No. _____________________

The above ballot paper should accompany the covering letter as under :-

Your electoral number is _________________________________________
The date of counting of votes is _____________________________________
You have as many votes as there are members to be elected.
You should vote by placing the mark X opposite the name or names of candidates whom you prefer. If you do not wish to use all your votes (in case where more than one vote is allowed) you need not do so but more than one vote may not be given to any one candidate.
The ballot-paper shall be invalid, if the mark X is placed opposite the names of more candidates than are to be elected, or if the mark denoting any vote is so placed as to render it doubtful to which candidate such vote is intended to apply.
You should sign the following declaration, and append your number on the electoral roll and the place of your residence thereto and then return this letter along with the ballot paper, which shall be put into a separate envelope. Without such signature and entry the ballot paper shall be invalid.
In case you fill in more than one ballot-paper, the first only of such ballot-papers received by the President, shall, if otherwise in order, be valid and if the Returning Officer is unable to determine which of such ballot-papers was first received by him both or all such ballot-papers shall be invalid.
Ballot-papers shall be sent to the Returning Officer by registered post. Ballot papers which are not received by the Returning Officer before the _______________ date ___________ 19 ______ will rejected.

I hereby declare that my name appears on electoral roll _______________Vide No.

Signature of elector _____________________

Residence _____________________

______________________________

Part VI

Procedure to be followed in conducting an enquiry.- Whenever information is received by the Registrar that a medical practitioner who is an applicant for registration or whose name has already been registered, has been guilty of conduct which prima facieconstitute infamous conduct in a professional respect, the Registrar shall make an abstract of such information.
Whenever the information in question is in the nature of a complaint by a person or body charging the practitioner with infamous conduct in a professional respect, such complaint shall be made in writing addressed to the Registrar and shall state the grounds of complaint and shall be accompanied by a declaration as to the facts of the case.
Every declaration must state [substantially the place of residence]of the declarant and where the fact stated in a declaration is not within the personal knowledge of the declarant, the source of the information and grounds for the belief of the declarant in its truth must be accurately and fully stated.
(1) The abstract and where a complaint has been lodged, the complaint and all other documents having bearing on the case, shall be submitted by the Registrar to the President, who shall if he thinks fit, instruct the Registrar to ask the practitioner by means of registered letter with A.D. for any explanation may have to offer. The documents, including any explanation forwarded by the practitioner to the Registrar, shall then be referred to a committee appointed by the Council who shall consider the same and shall have power to cause further investigations to be made and further evidence to be taken and to refer, if necessary to a legal practitioner for advice and assistance, and to instruct him to take the opinion of the counsel and otherwise to obtain such advice and assistance, as it shall think fit.

(2) The Committee shall report to the Council and if the Council considers that the case is one in which any inquiry ought to be held, the President shall direct the Registrar to take steps for the institution of an inquiry and for having the case and determined by the Council.

The inquiry shall be instituted by issuance of a notice in writing on behalf of the Council by the Registrar addressed to the practitioner, such notice shall specify the nature and particulars of the charges and shall inform the practitioner of the day and on which the Council intends to deal with the case and shall call upon him to reply the charge in writing and to appear before the Council on that day.
The notice referred to in rule 23 shall be in form III in the Appendix to these rules with such variations as circumstances may require. It shall be sent three weeks before the date of the inquiry and shall be accompanies by a copy of section 13 or 16 of the Act, as the case may be and of the rules to regulate the procedure for conducting an inquiry referred to in these sections.
In every case in which the Council resolves that an inquiry shall be instituted and a notice for an inquiry is issued accordingly, the complainant (if any) and the medical practitioner charged shall upon request in writing for that purpose signed by him or his legal practitioner, be entitled to be supplied by the Registrar with a copy of any declaration, explanation reply or other document given or sent to the Council by or on behalf of the other party, which such other party will be entitled on proper proof to use at the hearing as evidence in support of or in reply to the charge specified in the notice of inquiry.
Any reply, evidence of statement forwarded or application made by the medical practitioner between the date of issue of the notice and the day named for hearing of the charge shall be dealt with by the President in such manner as he shall think fit.

[27. A copy each of the material documents which are to be placed before the Council as an evidence in regard to the case shall be made available to each member of the Council well in advance of the hearing of the case.]

At the hearing of the case by the Council the complainant and also the practitioner[may appear personally or be]represented or assisted by a legal practitioner.
Where a complainant appears personally or by legal practitioner the order of procedure shall be as follows :-

[(1) The Registrar shall read out the notice of the Inquiry addressed to the Medical Practitioner to the members of the Council present.

(2) The complainant shall then be asked in State his case by himself or by his legal representative and to produce proof(s) in support of it.

(3) The practitioner shall then be asked in State his case by himself or by his legal representative and to produce proof(s) in support of it.]

(4) At the conclusion of the practitioner's case, the Council, will, if the practitioner has produced evidence, hear the complainant in reply on the case generally, but will hear no further evidence the complainant will not be heard in reply except by special leave of the Council.

(5) Where a witness is produced by any party before the Council he will be first examined by the party producing him, and then cross-examined by the opposite party, and then re-examined by the party producing him. The Council may decline to admit in evidence any declaration where the declarant is not present for, or declined to submit to cross-examination.

[(6) The President and the Member of the Council through the President, shall have the right to put any number of questions to the witnesses appearing before the Council.]

Where there is no complainant or no complainant appears, the order of procedure shall be as follows :-

(1) The Registrar will read to the Council the notice of inquiry addressed to the practitioner and will state the facts of the case and produce before the Council the evidence by which it is supported.

(2) The practitioner will then be asked to state his case by himself or by his legal representative, and to produce his proof(s) in support of it.

(1) At the conclusion of the case, the Council will deliberate thereon in private and at the conclusion of the deliberations the President shall call upon the Council to vote on the question whether the medical practitioner charged is guilty of infamous conduct in a professional respect.

(2) If the Council by a majority, voting at the meeting find the medical practitioner guilty of infamous conduct in a professional respect, the President shall direct the Registrar not to register his name if he be an applicant for registration or to remove his name from the register of registered practitioners if he is already a registered practitioner.

When the registration of the name of any practitioner is refused, or when the name of any practitioner is removed from the register (in accordance with the provision of the proceeding rules) the Registrar shall forthwith send notice of such refusal or removal to the practitioner, and such notice shall be sent by a registered letter with A.D. addressed to the last known address of the practitioner. The Registrar shall also send, forthwith, intimation of any such refusal or removal to the body or bodies from whom the practioner received his qualification or qualifications.

Part VII

Institution, hearing and disposal of appeals under section 15 or section 18 of the Act.- An appeal to the Council referred under section 15 of the Act, against a refusal of the Registrar to register any title or qualification of any person on the register of registered practitioners shall be in writing and shall state the title or the qualification, the grounds on which registration is claimed, and the date on which the authority from whom the title or qualification was received. The appeal shall be made within three months.
On receipt of such an appeal, it shall be referred to a Committee of the Council for consideration and report.
The Committee shall have the power to call for the original diploma, licence or certificate from the appellant for inspection and also such other documentary or oral evidence as may be considered necessary by it.
At the conclusion of its inquiry, the Committee shall make a report to the Council with such recommendations as it shall think fit [alongwith]the reasons for recommendations.
The appeal, the Committee's report on it and all other documents in connection with the case shall be laid before the Council at their next meeting.
The date on which the appeal is to be taken up by the Council shall be notified to the appellant. The appellant shall also be allowed, if he so chooses, to represent his case before the Council either in person or by his legal representative.
Every appeal to the Local Government referred under section 18 of the Act shall be addressed direct to the [Chief Secretary, Health Department, Haryana]to the Government, Haryana, and shall be accompanied by all the papers in print, which the appellant considers material to his case.

Appendix

Form No. I

(Vide Rule 2)

The Haryana Medical Register

Form No. II

(Vide Rule 5)

Annual Medical List

1	2	3	4	5
Name	Qualifications and dates thereof	Address and appointment	Date of Registration	Serial No. as in the Register of Registered Practitioners

The Registrar shall keep an inter leaved copy of such printed list wherein he shall make during the year any entry alteration or erasure that may be necessary.

Form No. III

(Vide Rule 24)

Notice to practitioner to attend proceedings in connection with the inquiry under section 17 of the Act

Sir,

On behalf of the [Haryana] Medical Council I give you notice that information and evidence has been laid before the Council by which the complianants make the following charge against you namely (here set out the circumstances briefly) and that in relation thereto you have been guilty of infamour conduct in a professional respect.

And I am directed to give you notice that on the _____________________ of _____________________ 19 ____ a meeting of the Council will be held at _____________________ O'Clock in the _____________________ to consider the above mentioned charges against you and decided whether or not they should direct that your name shall not be registered in the _____________________.

You name be removed from the Register or Registered Practitioners pursuant to Section 16 of the Punjab Medical Registration Act, 1916. You are invited and requested to answer in writing the above charges and to [appear] before the Council at the above-named place and time to establish any denial or defence that you may have to offer to the above mentioned charges and you are hereby informed that, if you do not [appear] as requested the Council may proceed to hear and to decide upon the said charges in your absence.

Any answer of other communication or application which you may desire to make respecting the said charges of your defence thereto must be addressed to the Registrar of [Haryana] Medical Council and transmitted so to reach him not less than _____________________ days before the day appointed for the hearing of the case.

A copy of Section _____________________ of the Punjab Medical Registration Act, 1916, and of the rules to regulate the procedure for conducting any inquiry referred to in that section to which your particular attentions is invited is enclosed herewith for your information.

Registrar, Haryana Medical Council.

Date and reason of Removal ----------------------------------

Serial No.

Date of Registration

Address or appointment

Qualification and dates thereof

Section the Act under which the name is removed