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Act Description : ANDHRA PRADESH MEDICAL PRACTITIONERS REGISTRATION ACT, 1968

Act Details :-

ANDHRA PRADESH MEDICAL PRACTITIONERS REGISTRATION ACT, 1968

23 of 1968

An Act to consolidate and amend the law relating to the registration of medical practitioners of modern scientific medicine in the State of Andhra Pradesh and to provide for matters connected therewith. Be it enacted by the Legislature of the State of Andhra Pradesh in the Nineteenth Year of the Republic of India as follows:

CHAPTER 1 Preliminary

Section 1 Short title extent, and commencement

(1) This Act may be called the Andhra Pradesh Medical Practitioners Registration Act, 1968.

(2) It extends to the whole of the State of Andhra Pradesh.

(3) It shall come into force on such date as the Government may, by notification in the Andhra Pradesh Gazette, appoint.

Section 2 Definitions

In this Act, unless the context otherwise requires

(a) Andhra Area means the territories of the State of Andhra Pradesh other than the Telangana area;

(b) approved institution means a hospital, asylum, infirmary, dispensary, lying in hospital, health center or other such institution in which the methods of treatment approved by the Council are carried on;

(d) Government means the State Government

(e) Medical college means the College approved by a university in the State imparting education for the full University course in modern scientific medicine in all its branches excluding veterinary medicine and veterinary surgery;

(f) notification means a notification published in the Andhra Pradesh Gazette;

(g) prescribed means prescribed by rules made under this Act;

(h) register means the register maintained under Section 15.

(i) registered practitioner means a practitioner of the modern scientific medicine whose name is for the time being borne on the register;

(j) State means the State of Andhra Pradesh;

(k) Telangana area means the territories specified in sub section (1) of Section 3 of the State Reorganisation Act, 1956.

CHAPTER 2 Constitution and Composition of the Council

Section 3 Constitution and composition of the Council

(1) As soon as may be, after the commencement of this Act, the Government shall, by notification, establish a Council called Andhra Pradesh Medical Council which shall be a body corporate having perpetual succession and a common seal and shall by its name, sue and be sued.

(2) The Council shall consist of the following members, namely:

(a) two members to be elected in the prescribed manner by the members of the executive council of the University of Health Sicences in the State from amongst the persons holding any degree in modern medicine."

(b) seven members to be elected in the prescribed manner by the registered practitioners from amongst themselves;

(c) four members to be nominated by the Government of whom two shall be from amongst such members of the teaching staff of the medical colleges in the State as are registered practitioners;

(d) the Director of Medical Education, the Director of Health and Family Welfare and any other officer performing any of the functions of either of the said Directors to be nominated by the Government, ex officio."

(3) No person shall be eligible for election or nomination under sub section (2) unless he has been ordinarily resident in the State for not less than five years immediately before the date of election or nomination, as the case may be.

(4) In making nominations under clause (c) of sub section (2), the Government shall have due regard to the claims of women, of the members of the scheduled castes, of medical missions of practitioners in the service of recognised philanthropic institution and of other groups of practitioners whose representatives have not been elected under clause (a) or clause (b) of sub section (2).

(5) No person shall be a member of the Council in more than one of the categories specified in sub section (2).

Section 4 Term of office of elected and nominated members

An elected or nominated member of the Council shall hold office for term of five years from the date of his election or nomination and shall be eligible for re election or re nomination, as the case may be.

Section 5 Election of Chairman and Vice Chairman

(1) The Council shall elect in the prescribed manner from amongst its members, a Chairman who shall unless he ceases to be a member, of the Council earlier, hold office for a period of two years from the date of his election as Chairman and shall be eligible for re election:

Provided that for a period of two years from the date of the first constitution of the Council under this Act, *[one of the ex-officio members referred to in clause (d) of sub section (2) of Section 3 nominated by the Government] shall be the Chairman of the council.

(2) The Council shall elect in the prescribed manner, from amongst its members, a Vice Chairman who shall, unless he ceases to be a member of the Council earlier, hold office for a period of one year from the date of his election and shall be eligible for re election.

(3) When the office of the Chairman is vacant or in the absence of the Chairman from any meeting, the Vice Chairman shall perform the functions of the Chairman.

(4) In the absence of the Chairman and the Vice Chairman a meeting of the Council may be presided over by a member elected by the majority of the members present at the meeting.

Section 6 Disqualifications for becoming members

A person shall be disqualified to become a member of the Council, if such person on the date of his election or nomination to the Council

(a) was sentenced by a criminal court for an offence involving moral turpitude, such sentence not having been reversed or the offence pardoned and a period of five years has not elapsed from the date of the expiration of such sentence;

(b) is of unsound mind and stands so declared by a competent court, a deaf, mute or a leper;

(d) is interested in a subsisting contract made with, or any work being done for, the Council except as a share holder, other than a director, in a company, or except as may be prescribed ; or

(e) is an officer or servant of the Council.

Section 7 Cessation of membership

An elected or nominated member of the Council shall cease to hold office if he

(a) is or becomes subject to any of the disqualifcations specified in Section 6;

(b) absents himself without excuse sufficient in the opinion of the Council, from three consecutive meetings of the Council;

(d) ceases to be a registered practitioner;

(e) ceases to hold the office by virtue of which he has been elected or nominated as a member of the Council under Section 3.

Section 8 Resignation of Chairman, Vice Chairman or members

The Chairman may resign his office by giving notice in writing to the Council and the Vice Chairman or any member of the Council may resign his office by giving notice in writing to the Chairman. Except in a case where the person resigning delivers the notice of resignation personally to the Registrar, the Registrar shall, on receipt of a notice of resignation, obtain information in writing from the person concerned as to its genuineness. A resignation delivered personally or confirmed as aforesaid shall take effect on and from the date on which the notice was received.

Section 9 Filling of casual vacancy

Any vacancy occurring in the office of an elected or nominated member of the Council before the expiration of his term shall filled by election or nomination, as the case may be, of another person in the manner provided in Section 3 and the person so elected or nominated shall hold office for the residue of the term of his predecessor.

Section 10 Meetings of the Council

(1) Except as otherwise provided in this Act, no business shall be transacted at a meeting of the Council unless at least seven members are present. All questions that may come before the Council shall be decided by a majority of the members present and voting. In the case of equality of votes, the member presiding at the meeting shall have and exercise a second or casting vote.

(2) The Council shall, for the disposal of the business, meet as often as is necessary but not less than twice in each year after giving such notice to the members, as may be prescribed.

CHAPTER 3 Executive Committee and its Powers

Section 11 Executive Committee

(1) There shall be an Executive Committee of the Council consisting of the Chairman and Vice Chairman, ex-officio , and three other members who shall be elected every year by the Council from among its members at its first meeting held in that year.

(2)

(a) Every member of the Executive Committee so elected shall hold office as such until the next annual election.

(b) If any casual vacancy occurs before such election, the Executive Committee shall fill that vacancy by electing a member; Provided that if before the vacancy is so filled, a meeting of the Council has been called, the vacancy shall be filed by the Council by electing a member of the Council.

(c) A member of the executive committee elected to fill a casual vacancy shall hold office as such only until the next annual election.

(3) The Chairman and the Vice Chairman of the Council shall be the Chairman and the Vice Chairman respectively of the Executive Committee.

(4) The Council may delegate any of its powers and duties to the Executive Committee subject to such conditions as it deems fit to impose.

(5) The Council may cancel any delegation made under sub section (4).

(6) No business shall be transacted at a meeting of the Executive Committee unless at least three members thereof are present.

(7) All questions that may come before the Executive Committee shall be decided by a majority of the members present and voting. In the case of equality of votes, the Chairman, Vice Chairman or any member presiding at the meeting shall have and exercise a second or casting vote.

CHAPTER 4 Special Committee and their Functions

Section 12 Special committee and their functions

(1) The Council may, from time to time, appoint one or more special committees, each consisting of:

(a) not less than three members of the Council who shall be elected by the Council.

(b) Two such other persons not being members of the Council as the Council may nominate.

(2) Every special committee shall meet at such time and place as may be provided in the regulations.

(3) Every special committee shall elect its Chairman from amongst its members.

(4) The Council may, refer to any such committee for enquiry and report any matter relating to any of the purposes of this Act, or, delegate to it any of its functions by resolution, subject to such conditions as it deems fit to impose and may cancel any such delegation.

(5) The Council may, at any time, dissolve or subject to the provisions of sub section (1), alter the constitution of, any such committee.

CHAPTER 5 Officers of the Council

Section 13 Registrar and other Officrs

(1) The Council shall appoint a Registrar who shall act as Secretary of the Council and who shall also act as Treasurer, unless the Council appoints another person as Treasurer.

(2) The Registrar shall be responsible for the due performance of the functions imposed on him and on the Council, under the Indian Medical Council Act, 1956.

(3) The Council may also appoint such other officers and servants as it may deem necessary for the purposes of this Act.

(4) All persons appointed under this section shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.

Section 14 Medical Register

The Council shall cause to be maintained the prescribed manner a register of medical practitioners, which shall contain the names of the medical practitioners, arranged in the alphabetical order and publish it in the Andhra Pradesh Gazette. It shall be the duty of the Registrar to keep the register correct and from time to time, to revise the register and publish it in the prescribed manner. Such register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872.

CHAPTER 6 Registration of Medical Practitioners

Section 15 Registration of Medical Practitioners

(1) Every person who holds any of the medical qualifications included in the Schedules to the Indian Medical Council Act, 1956, may apply to the Registrar giving a correct description of his qualifications, with the dates on which they were granted, and present his degree, diploma or licence along with such fee as may be prescribed for being registered under this Act. The Registrar shall, if satisfied that the applicant is entitled to be registered, enter his name in the register.

Provided that any person whose name has been registered under any law for the time being in force any other part of India relating to the registration of medical practitioners shall be required to pay such registration fee as may be prescribed if the law aforesaid provides for registration of persons registered under this Act without the payment of any fee or on payment of a fee not exceeding the prescribed fee.

(2) Any person who immediately before the date of commencement of this Act was a registered practitioner under the Andhra Pradesh (Andhra Area) Medical Registration Act, 1914 or the Andhra Pradesh (Telangana Area) Medical Registration Act, 1348 F, and who is qualified for registration under the Indian Medical Council Act, 1956, shall be deemed to have been registered under the provisions of this Act on that date and his name shall be entered in the register maintained under this Act.

(3) Upon entry in the register of a name under this section the Registrar shall issue a certificate of registration in the prescribed form.

(4) The Council may refuse to permit the registration of any person, who was convicted of an offence involving a moral turpitude with imprisonment for a period of not less than six months or with fine of not less than rupees five hundred and a period of five years has not elapsed from the date of such conviction, or who after due inquiry by the Council or a Committee thereof was found guilty by the Council or infamous conduct in any professional respect.

Section 16 Notice of death

(1) Every Registrar of Births and Deaths on receiving notice of the death of a registered practitioner, shall forthwith transmit to the Registrar appointed under this Act, a certificate under his own hand and seal of such death giving the time and place thereof.

(2) On receipt of such certificate or other reliable information regarding such death, the Registrar appointed under this Act, shall remove the name of the deceased practitioner from the register.

Section 17 Cancellation or alteration of entry made in the register

(1)The Council may, if it thinks fit, after giving notice to the person concerned and inquiring into his objections, if any, order that any entry in the register which is proved to the satisfaction of the Council to have been fraudulently or incorrectly made or brought about, be cancelled or altered.

(2) The Council may direct the removal, permanently or for a specified period, from the register the name of any registered practitioner for the same reasons for which registration may be refused by the Council under sub section (4) of Section 15 and the provisions thereof shall apply to any inquiry under this section:

Provided that the name of a registered practitioner shall not be removed from the register on the ground of his association, in any professional respect, with a registered practitioner of indigenous medicine such as Ayurvedic, Homoeopathic, Unani and Sidda.

Explanation:- For the purpose of this proviso, the expression registered practitioner of indigenous medicine shall mean a practitioner qualified for registration under any law for the time being in force relating to the registration of practitioners of indigenous medicine .

(3) Nothing in sub section (2) shall relieve a registered practitioner of any obligation or code of ethics which may be imposed on registered practitioners generally by the Council.

(4) Any registered practitioner may make an application to the Council for deleting his name from the register and the Council may, on such application and in accordance with such rules as may be made, direct such deletion. Any such practitioner may apply for fresh registration under Section 15.

(5) A person whose name has been removed or deleted from the register under this section shall forth with surrender his certificate of registration to the Registrar, and the name so removed or deleted shall be published in the Andhra Pradesh Gazette.

Section 18 Issue of duplicate certificate of registration

Where it is shown to the satisfaction of the Registrar that a certificate of registration has been lost, destroyed, mutilated or defaced, the Registrar may, on payment of the prescribed fee, issue a duplicate certificate in the prescribed form.

CHAPTER 7 Medical Practitioners Registration Fund

Section 19 Medical practitioners Registration Fund

(1)All monies received by the Council shall constitute, a fund called the Medical Practitioners, Registration Fund and shall be applied for such purposes and in such manner as may be prescribed.

(2) All monies received by the Council shall be lodged in any bank approved by the Government.

(3) All orders or cheques shall be signed by the Registrar.

Section 20 Privileges or registered practitioners

Notwithstanding anything to the contrary in any other law for the time being in force:

(i) no person other than a registered practitioner shall, without the previous sanction of the Government be competent to hold any appointment as physician, surgeon or other medical officer in any approved institution which is supported wholly or partly out of the funds of the State of the fund of a local authority.

(ii) no person other than a registered practitioner shall, with effect from such date as may be specified by the Government by notification in this behalf, practise the modern scientific medicine or hold himself out, whether directly or by implication as practising or as being prepared to so practise;

(iii) no certificate required by law to be given a medical practitioner shall be valid unless signed by a registered practitioner.

CHAPTER 8 Penalties

Section 21 Penalty for falsely claiming to be registered

Whoever falsely represents himself to be a registered practitioner shall, whether any person is actually deceived by such representation or not, be punishable with fine which may extend to five hundred rupees.

Section 22 Penalty for contravention of provisions of clause (ii) of Section 20

Whoever contravenes the provisions of clause (ii) of Section 20 shall be punishable on first conviction with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both, and on any subsequent conviction with imprisonment which may extend to one thousand rupees or with both.

Section 23 Failure to surrender certificate of registration

If any person whose name has been removed of deleted from the register under Section 17 fails without sufficient cause to surrender his certificate of registration within the prescribed time, he shall be punishable with fine which may extend to fifty rupees per month of such failure and in the cae of a continuing offence, with an additional fine which may extend to ten rupees for every day during which such offence continues after conviction for the first such offence.

Section 24 Jurisdiction of magistrate

No Court inferior to that of a magistrate of the first class shall try any offence punishable under this Act

CHAPTER 9 Appeals

Section 25 Appeal from the decision of the Council

An appeal shall lie to the Government from a decision of the Council under Section 15 or Section 17. Such appeal shall be preferred within three months from the date of the decision of the Council.

Section 26 Procedure in inquiries and appeals

(1) An inquiry under Section 15 or Section 17 may be held by the Council or by Committee which may be appointed by the Council as provided in sub section (1) of Section 12. The Council or the committee, as the case may be, may at its discretion hold such inquiry in camera. Where the inquiry is held by the Committee, it shall make a report to the Council which shall pass such orders as it deems fit.

(2) In holding inquiries under this Act the Council or its Committee shall have the same powers as are vested in the civil courts under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters, namely:

(a) enforcing the attendance of any person and examining him on oath;

(b) compelling the production of documents.

Section 27 Appeal from order of Registrar

An appeal shall lie to the Council from an order of the Registrar under Section 15. Such appeal shall be preferred within three months from the date of the order.

CHAPTER 10 Miscellaneous

Section 28 Control by Government

If, at any time, it appears to the Government, that the Council has failed to exercise or has exceeded or abused any of the powers conferred upon it by or under this Act, or has failed to perform any of the duties imposed upon it by or under this Act, the Government may communicate the particulars of such failure, excess or abuse to the Council and require the Council to remedy it: and if the Council fails to remedy such default, excess or abuse within such time as may be fixed by the Government in this behalf, the Government may for the purpose of remedying such default, excess or abuse cause any of the powers and duties of the Council to be exercised and performed by such person or agency and for such period as they may think fit.

Section 29 Bar of jurisdiction

No suit, prosecution of other legal proceeding shall lie against the Government, the Council, the Executive Committee or any other Committee or the Registrar in respect of an act done in the exercise of any power conferred by or under this Act.

Section 30 Protection of Acts done in good faith

No suit, prosecution or other legal proceedings shall be instituted against any person for anything which is, in good faith done or intended to be done under this Act, or under the rules or regulations made thereunder.

Section 31 Power to make rules

(1) The Government may, by notification make rules for carrying out all or any of the purposes of this Act.

(2) Every rule made under this section shall, immediately after it is made be laid before each House of the State Legislature if it is in session and if it is not in session in the session immediately following for a total period or fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified have effect only in such modified form or shall stand annulled as the case may be so however such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section 32 Power of council to make regulations

(1) The Council may with the previous approval of the Government make regulations for all or any of the following matters, namely:

(i) for the conduct of elections to the Executive Committee and other Committees;

(ii) for the convening of meetings of the Council, the Executive Committee and other Committees;

(iii) for the conduct of business at such meetings;

(iv) for the appointment, and the conditions of service of the Registrar and other officers and servants appointed under Section 13;

(v) the conditions subject to which the Council may delegate its powers and duties to any Special Committee;

(vi) any other matter which is to be provided for in the regulations, or may be necessary for carrying out the purposes of this Act.

(2) All regulations made under sub section (1) shall be published in the Andhra Pradesh Gazette.

(3) The Government may, by order, modify or cancel any regulation made under sub section (1).

Section 33 Acts of council, etc., not to be invalidated by vacancy, etc

No act or proceeding of the Council, the Executive Committee or a Special Committee shall be deemed to be invalid by reason only of any defect in the constitution of such Council, Executive Committee or Special Committee or merely on the ground that the Chairman, the Vice Chairman or any member of the Council, the member of the Executive Committee or the member of a Special Committee as the case may be was not entitled to hold or continue in such office by reason of any disqualification or by reason of any irregularity in his election or nomination or by reason of such act or proceeding having been done or conducted during the period of any vacancy in the Office of the Chairman, the Vice Chairman or any member of the Council, the member of the Executive Committee or the member of a Special Committee.

Section 34 Allowances to members

There shall be paid to the members of the Council, the members of the Executive Committee or the members of a Special Committee for attending a meeting of the Council, the Executive Committee, or the Special Committee, as the case may be, such allowances as may be prescribed.

Section 35 Repeals on Savings

The Andhra Pradesh (Andhra Area) Medical Registration Act, 1914 and the Andhra Pradesh (Telangana Area) Medical Registration Act, 1348 F., are hereby repealed:

Provided that

(i) such repeal shall not affect anything done or any action taken under the Acts so repealed, before the commencement of this Act;

(ii) notwithstanding such repeal, until a Council is constituted in accordance with the provisions of this Act

(a) the Medical Council constituted for the Andhra Area or the Telangana Area under the relevant repealed Act and functioning immediately before the commencement of this Act, shall continue to function for the area for which it was constituted as if it were a Council constituted under the provisions of this Act and any vacancy occurring in the said Medical Council shall be filled in such manner as the Government may think fit;

(b) the Executive Committee and other Committees of a Medical Council as constituted immediately before the commencement of this Act shall deemed to be the Executive Committee and other Committees constituted under this Act;

(iii) on the constitution of the Council under the provisions of this Act, the Medical Councils functioning by virtue of clause (ii) shall stand dissolved and their assets and liabilities shall devolve on the Council so constituted.

Section 36 Extension and amendment of Central Act 7 of 1916 to the Telangana Area

(1) The Indian Medical Degrees Act, 1916, as in force in the Andhra Area at the commencement of this Act, is hereby extended to the Telangana area.

(2) In the said Act

(i) in Section 2, after the words "all the territories" the words "comprised in the State of Andhra Pradesh and all the other territories" shall be substituted.

(ii) for sub clause (i) of clause (b) of sub section (1) of Section 6 A as inserted by Section 3 of the Indian Medical Degrees Andhra Pradesh (Andhra Area) Amendment Act, 1940, the following sub clause shall be substituted, namely: "(i) is recognised by any law for the time being in force in the States; or"

RULE:

ELECTION OF THE CHAIRMAN OF THE ANDHRA PRADESH MEDICAL COUNCIL RULES

In exercise of the powers conferred by sub section (1) of Section 5 read with sub section (1) of Section 31 of the Andhra Pradesh Medical Practitioners Registration Act, 1968 the Government of Andhra Pradesh makes the following rules for the election of the Chairman of the Andhra Pradesh Medical Council.

Rule 1 Term of Chairman

(1) The Chairman shall hold office as such, unless the resigns or ceases to be a member of the Council for a term of two years from the date of his election.

(2) Subject to the provision of sub rule (1) the Chairman shall be deemed to have vacated his office as such, on the expiry of his term as a member or on his otherwise ceasing to be member.

Rule 2 Procedure for the election

(1) The election of the Chairman shall be held by the members of the Council by ballot at a meeting of the Council.

(2) The meeting shall be presided over;

(a) by the Chairman;

(b) If the Chairman intends to stand as a candidate at the election or if he is absent, by the Vice Chairman; and

(c) If the Chairman and Vice Chairman both intend to stand as candidates at the election or both of them are absent, by a member of the Council, not intending to stand as a candidate at the election, chosen by the members of the meeting to preside for the occasion.

Rule 3 Procedure for nomination

(1) A candidate for the Office of the Chairman, shall be proposed by one of the members of the Council and seconded by another.

(2) The names of all the candidates proposed and seconded shall be read out by the Chairman of the meeting.

Rule 4 Poll

(1) If there is only one nominated candidate, there shall be no ballot and he shall be declared to have been elected.

(2) If there are two or more candidates, the votes of the members of the Council present at the meeting shall be taken by ballot.

Rule 5 Procedure for giving voting papers

Every member of the Council wishing to vote shall be supplied with a voting paper, initialled back by the Chairman of the meeting, on which the names of all the candidates shall be printed or typed in the following form. The voter shall then proceed to the place set apart for the purpose, Place a mark X against the name of the candidate for whom he wishes to vote. He shall then fold up the voting paper so as to conceal his vote and show the initials of the Chairman of the meeting and deposit then open the box and count the votes in the presence of the members of the Council and declare the votes and also the result of the election in the presence of the members of the Council in accordance with the following instructions:

(a) If there are only two candidates, the one who secures the larger number of votes shall be declared to have been elected. In the event of there being equality of votes between the two candidates, the Chairman of the meeting shall draw lots in the presence of the members of Council and the person whose name is first drawn shall be declared to have been elected.

(b) If there are more than two candidates, the one who obtains the lowest votes shall be eliminated and the votes taken again. If there is an equality of votes among all the candidates or if two or more candidates lowest on the list have obtained equal number of votes, the Chairman of the meeting shall ascertain by casting lots in the presence of the members of the council which of them shall eliminated. The elimination shall be repeated until two candidates only are left, when votes shall be taken for the last time and the candidate who secures the larger number of votes shall be declared to have been elected. In the event of there being an equality of votes at the final stage between the two remaining candidates, the Chairman of the meeting shall draw lots in the presence of the members of the Council and the person whose name is first drawn shall be declared to have been elected.

Rule 6 Scrutiny of Voting Papers

Any voting paper, which contains the signature of any member of the Council or on which the mark is placed against more than one name, shall become invalid.

Rule 7 Disposal and custody of voting papers

Upon the completion of the counting and after the result has been declared by him, the Chairman of the meeting shall seal up the voting papers and all other documents relating to the election and hand them over to the Registrar, who shall retain the same for a period of six months and thereafter cause them to be destroyed.

Rule 8 Finality of decision

The Government, may, of their own motion, or on objection made declare any election held to be void on account of corrupt practice or any other sufficient cause and may call on the Council to make a fresh election. The decision of the Government under this rule shall be final.

RULES FOR THE ELECTION OF MEMBERS OF THE EXECUTIVE COMMITTEE UNDER SUB SECTION (1) OF SECTION 11 OF THE ANDHRA PRADESH MEDICAL PRACTITIONERS REGISTRATION ACT, 1968

RULES FOR THE ELECTION OF MEMBERS OF THE EXECUTIVE COMMITTEE UNDER SUB SECTION (1) OF SECTION 11 OF THE ANDHRA PRADESH MEDICAL PRACTITIONERS REGISTRATION ACT, 1968

Rule 1 Executive Committee

The election of members of the Executive Committee of the Council shall be conducted by the Chairman of the Council or in his absence by the Vice Chairman and in the absence of both the Chairman and the Vice Chairman, by the person presiding over the meeting of the Council.

Rule 2 Procedure for nomination

Every candidate for election shall be duly proposed by a member, of the Council and seconded by another, Every candidate shall at the time of his nomination, signify his consent in writing to serve on the Executive Committee if elected.

Rule 3 Right of nomination

Every member of the Council shall be entitled to propose or second as many candidates in terms of the number of seats to be filled in.

Rule 4 Declaration of election without poll

If the number of candidates nominated does not exceed the number of members to be elected, the Chairman of the meeting shall declare all such candidates to have been duly elected.

Rule 5 Poll

If the number of candidates nominated exceeds the number of members to be elected, the Chairman of the meeting shall hold an election in the following manner namely:

(a) The names of the candidates nominated shall be conspicuously exhibited in writing on a black board or in any other convenient manner so as to be visible to the members.

(b) Every member wishing to vote shall be supplied with a voting paper initialled by the Chairman of the meeting and containing the names of the candidates either typewritten or cyclostyled in English, in alphabetical order with some space between one name and another. The member shall then proceed to the place set apart for the purpose of voting and put the mark X against the name of the candidate or candidates for whom he wishes to vote. He shall then fold up the voting paper so as to conceal his vote and after showing to the Chairman of the meeting and obtaining the Chairman initials, deposit the same in a ballot box.

Rule 6 Declaration of result

The Chairman of the meeting shall declare the candidates to have been duly elected (upto the number of members to be elected) to whom the majority of votes have been given.

Rule 7 Determination by lot

If there is an equality of votes between two or more candidates, the choice of the member to be elected shall be determined by the Chairman of the meeting by lot.

Rule 8 Finality of decision

If any dispute arises in connection with any election under these rules, the dispute shall be referred to the Government whose decision thereon shall be final.

ANDHRA PRADESH MEDICAL COUNCIL (CONDUCT OF ELECTION) RULES, 1978

In exercise of the powers conferred by sub section (1) of Section 31 of the Andhra Pradesh Medical Practitioners Registration Act, 1968 (A.P.Act 23 of 1968), the Governor of Andhra Pradesh hereby makes the following Rules for the Andhra Pradesh Medical Council (Conduct of Elections)

CHAPTER 1 Preliminary

Rule 1 Short title, application and commencement

(1) These rules may be called the Andhra Pradesh Medical Council (Conduct of Election) Rules 1978.

(2) They extend to the whole of the State of Andhra Pradesh.

(3) They shall come into force at once.

Rule 2 Definitions

In the rules, unless the context otherwise requires

(a) Act means the Andhra Pradesh Medical Practitioner Registration Act, 1968.

(b) Chairman means the Chairman of the Council.

(d) Form means a form appended to these rules.

(e) Registrar means the Registrar appointed by the council under Section 13.

(f) Returning Officer means Returning Officer appointed by the Government for the First election of the members of the Committee, and the Registrar for the subsequent elections.

CHAPTER 2 CHAPTER

Rule 3 Procedure for election of Members of the Council

(a) The Returning Officer shall conduct the election of the Members of the Council.

(b) Electoral Roll:- The Medical Register, maintained under Section 15 of the Act, shall be electoral roll for the election and all the persons whose names are registered therein shall be eligible to vote and contest in the elections.

Rule 4

The Returning Officer shall address to the Registrars of Universities in the State which have got medical faculty to elect one member who holds a recognised degree, diploma or licence in modern scientific medicine of that University to a member of the Council.

Rule 5

No person shall be eligible for election to the Council unless he has been ordinarily resident in the State for not less than five years immediately before the date of election.

Rule 6 Notice of intended election and Poll, etc

The Returning Officer shall, for the election of the members of the Council, notify in the Andhra Pradesh Gazette and in such other manner as the thinks fit, the date, time and place for

(a) receipt of nomination paper and their scrutiny;

(b) despatch of voting papers to the electors;

(d) the scrutiny and counting of votes.

Rule 7 Nomination paper

(1) Every person desiring to contest election shall submit a nomination paper in Form II. No Registered Medical Practitioner shall be eligible to stand for election to the Council unless he resides or carries on the business or profession of medicine in the State.

(2) Every nomination paper shall be signed by two electors as proposer and seconder and sent by post or otherwise so as to reach the Returning Officer on or before a date fixed by him which shall be not less than four weeks before the date appointed for the poll.

Provided that no elector shall sign more nomination papers than there are seats to be filled up.

Provided further that if more than the prescribed number of nomination papers are signed by the same elector, the prescribed number of nomination papers first received by the Returning Officer shall, if otherwise in order be hold to be valid and if more than the prescribed number of nominations signed by the same electors are received later all such nomination papers shall be held to be invalid.

(3) On receipt of each nomination paper, the Returning Officer shall forthwith endorse thereon the date and hour of receipt.

(4) Nomination papers which are not received by the Returning Officer before the date and the time appointed in the behalf shall be rejected.

Rule 8 Payment of fees

(1)On or before the date appointed for the receipt of nomination papers, each candidate wishing to stand for election shall pay to the returning Officer a fee of Rs. 100(Rupees One hundred only) in cash, and no candidate shall be deemed to be duly nominated unless such fee has been paid.

(2) The fee so paid shall be credited to the Council and shall not be refunded in any circumstances.

Rule 9 Scrutiny of nomination papers

(1) On the date and at the time appointed by the Returning Officer for the scrutiny of nomination papers, the candidate and the proposer and seconder of each candidate may attend the Office of the Returning Officer, who shall allow them to examine the nomination papers of all the candidates which have been received by him.

(2) The Returning Officer shall examine the nomination papers and decide all questions which may arise as to the validity or any nomination and his decision thereon shall be final.

(3) Any candidate may withdraw his candidature by notice, in writing, signed by him and delivered to the Returning Officer, not later than twenty one clear days, before the date appointed for the poll. A candidate who has withdrawn his candidature shall not be allowed to be renominated as a candidate for the same election.

(4) The Returning Officer shall, on receiving a notice of withdrawal, cause it to be published in the Andhra Pradesh Gazette.

Rule 10 Publication of list of contesting candidates and declaration of result

(1) If the number of candidates who stand duly nominated does not exceed the number of members to be elected, the Returning Officer shall after the expiry of the time for withdrawal of candidature, declare such candidate or candidates to have been duly elected.

(2) If the number of such candidates exceeds the number of members to be elected, the Returning Officer shall forthwith public their names and addresses in the Andhra Pradesh Gazette and shall further cause their names to be entered in alephabetical order, in the voting papers in Form IV.

(3) If a poll becomes necessary, the Returning Officer, shall, two weeks before the date appointed therefor, send by post under certificate of posting to each elector a letter of intimation on Form V together with a numbered declaration paper in Form III, a voting paper in Form IV, containing the names of the candidates in alphabetical order and bearing the Returning Officer initials or facsimile signature, a voting paper cover addressed to him (Returning Officer and an outer cover also addressed to him.)

(4) An elector who has not received the voting and other connected papers sent to him by post or who has lost them or in case the papers, before they are returned to the Returning Officer, have been inadvertently spoiled may transmit a declaration to that effect signed by himself, with a request to the Returning Officer to send him fresh papers, and if the papers have been spoiled, the spoiled papers shall be returned to the Returning Officer who shall cancel them on receipt. In every case fresh papers are issued, a mark shall be placed against the number relating to the elector name in the electoral roll to denote that fresh papers has been issued.

(5) No election shall be invalid by reason of the fact that an elector has not received his voting paper, if a voting paper has been issued to him in accordance with these rules.

Rule 11 Recording of Votes

Every elector desirous of recording his vote shall, after filling up the declaration paper and the voting paper according to the directions given in the letter of intimation, enclose the voting paper in the voting cover, stick up the cover, enclose the cover and the declaration paper in the outer envelope addressed to the Returning Officer, and send the outer envelope by registered post at the electors own cost to the Returning Officer, so as to reach him not later than 5 p.m. on the day fixed for the poll. All envelopes received after that day and hour or received by unregistered post shall be rejected.

Rule 12

On receipt of the envelopes by registered post containing the declaration papers and the closed cover containing the voting paper, the Returning Officer shall endorse on the other envelope the date and hour of receipt.

Rule 13 Time and Place for opening of Voting Papers

The Returning Officer shall open the outer envelopes immediately after 5 P.M., on the day fixed for the poll at the place at which the envelopes are addressed to him. Any candidate may be present in person or may send a representative duly authorised by him in writing to attend at the time the outer envelopes are opened.

Rule 14 Rejection of Voting Papers

(1) A Voting Paper cover shall be rejected by the Returning Officer if;

(a) the outer envelope contains no declaration paper outside the voting paper cover; or

(b) the declaration paper is not the one sent by the Returning Officer; or

(d) the voting paper is placed outside the Voting paper cover; or

(e) more than one declaration paper or voting paper cover have been enclosed in one and the same outer envelope.

(2) After satisfying himself that the electors have affixed their signatures on the declaration papers, the Returning Officer shall keep all the declaration papers in safe custody pending disposal under Rule 17.

Rule 15 Scrutiny and counting of Votes

(1) The Returning Officer shall attend, for the purpose of scrutiny and counting of the votes, at the date, time and place appointed by him in that behalf.

(2) All the Voting paper covers, other than those rejected under Rule 14, shall be opened and the voting papers taken out and mixed together. The Voting paper shall then be scrutinised and the valid votes counted. A voting paper shall be invalid if:

(a) it does not bear the Returning Officer initials; or

(b) a voter signs his name or writes a word or makes any mark on by which it becomes recognisable as his voting paper; or

(d) the number of votes recorded thereon exceeds the number of vacancies to be filled;or

(e) it is void for uncertainty of one or more votes exercised;

Provided that where more than one vote can be given on the same voting paper, if one of the marks is so placed at to render it doubtful to which candidate it is intended to apply, the vote concerned but not the whole voting paper, shall become invalid on that account.

(3) Any candidate may be present in person or may send a representative duly authorised by him in writing to watch the process of counting.

(4) The Returning Officer shall show the voting papers, if requested to do so, to the candidates or their authorised representatives, at the time of scrutiny and counting of votes.

(5) If any objection is made to any voting paper on the ground that it does not comply with the specified requirements or to any rejection by the Returning Officer of a voting paper, it shall be decided at once by the Returning Officer whose decision shall be final.

(6) The Returning Officer shall nominate such number of scrutinisers not exceeding four as he thinks fit. In the case of elections held for the first time under the Act, the scrutinisers shall be officers of the Government of the grade of Civil Surgeons and in the case of other elections, members of the Council.

Rule 16 Declaration of result

(1) When the counting of votes has been completed, the Returning Officer shall forthwith declare the candidate or candidates to whom the largest number of valid votes has been given to have been duly elected and shall forthwith inform each successful candidate by letter of his having been elected to the Council. If any candidate thus shown to be elected has withdrawn from the election or refuse to accept election, then in the place of that candidate one of the remaining candidates to whom the next largest number of votes has been given shall be held to have been elected and so on for as many of the remaining candidates as there may be vacancies caused in this way.

(2) If there is an equality of votes between any two or more candidates, the Returning Officer shall, after notice to the candidates concerned, decide by drawing lots which candidate or candidates, he shall declare to have been elected.

Rule 17 Disposal of election Papers

Upon the completion of the counting and after the results have been declared, the Returning Officer shall seal up the voting papers and all other documents relating to the election and shall retain the same for a period of six months and the Council shall not destory or cause to be destroyed the records even after six months without the previous concurrence of the Government.

Rule 18 Publication of results

The Returning Officer shall publish the results of the election in Andhra Pradesh Gazette.

Rule 18A

Pending preparation of the Medical Register in accordance with the provisions of Section 15 of the said Act, the members referred to in clause (b) of sub section (2) of Section 3 of the said Act, shall be nominated by the Government instead of being elected as provided therein.

Rule 19

(1) Before setting aside an election in appeal under section the Government shall give an opportunity to all the parties concerned to show cause why the election should not be set aside.

(2) A decision under Section 25 may be given on the enquiry and report of the person appointed by the Government in that behalf.

Rule 20

The decision of the Government on any question arising out of the interpretation of these rules shall be final.

APPENDIX 1 FORM

FORM

[See Rules 3(b) and 4]

FORM 1

[See Rules 3(b) and 4]

A:- List of persons qualified to vote under clause (a) of sub section (2) of Section 3 of the Andhra Pradesh Medical Practitioners Registration Act, 1968.

Name Qualification Address Remarks (1) (2) (3) (4) .

B:- List of persons qualified to vote under clause (b) of sub section (2) of Section 3 of the Andhra Pradesh Medical Practitioners Registration Act, 1968.

Name Qualification Address Remarks (1) (2) (3) (4) .

APPENDIX 2 Nomination Paper

FORM [See Rule 7]

FORM 2

[See Rule 7]

Nomination Paper.

Election under Clause (a) (b) of sub section (2) of Section 3 of Andhra Pradesh Medical Practitioners Act, 1968.

(1) Name of Candidate.

(2) Father name.

(3) Age.

(4) Nature of Qualification under Section 15.

(5) Address.

(6) Signature of proposer.

(7) Signature of Seconder.

Returning Officer.

Instruction

Nomination papers which are not received by the Returning Officer before ............................. will be invalid.

APPENDIX 3 Declaration Paper

FORM [See Rule 10(3)]

FORM 3

[See Rule 10(3)]

Declaration Paper

Election to the Andhra Pradesh Medical Council under Clauses (a) and (b) under sub section (2) of Section 3 of the Andhra Pradesh Medical Registration Act, 1968.

Serial Number.

Elector name.

Number on the electoral Roll, if any.

Elector's Declaration

I,..............................(Name in full, and designation if any) declare that I am an elector for the election of a member to the Andhra Pradesh Medical Council by the Registered Medical Practitioners, under clause (a) (b) of sub section(2) of Section 3 of Andhra Pradesh Medical Practitioners Registration Act, 1968 and have signed no other voting paper at this election.

Station:

Signature.

Date:

APPENDIX 4 Voting Paper

FORM [See Rule 10(2)]

FORM 4

[See Rule 10(2)]

Voting Paper

Election to the Andhra Pradesh Medical Council under Clause (a) (b) of sub section (2) of Sec. 3 of the Andhra Pradesh Medical Practitioner Registration Act, 1968.

Sl.No. Name of the candidate, duly nominated Vote (1) (2) (3) .

Returning Officer.

Instructions

(1) The number of vacancies to be filled is.............

(2) Place a cross mark thus X against the name of the candidate (or each of the candidates) for whom you wish to vote.

(3) A voting paper will be invalid, if:

(a) It does not bear the Returning Officer initials or facsimile signature; or

(b) A voter signs his name or writes a word or makes any mark on it, by which it becomes recognizable; or

(d) The number of votes recorded therein exceeds the number of vacancies to be filled or

(e) It is void for uncertainty or one or more votes exercised.

APPENDIX 5 Letter of Intimation

FORM [See Rule 10(3)]

FORM 5

[See Rule 10(3)]

Letter of Intimation

Sir/Madam,

The persons whose names are printed on the voting paper, sent herewith have been duly nominated as candidates for election to the Andhra Pradesh Medical Council. Should you desire to vote at the election, I have to request that you will

(a) fill up and sign the declaration paper;

(b) mark your vote in the column provided for the purpose in the voting paper, as directed on the voting paper;

(d) enclose the smaller cover and the declaration paper in the outer envelope addressed to me and return the same to me by registered post so as to reach me not later than............P.M. on the ......................day of...............19...

2. Voting paper will be rejected if,:

(a) the outer envelope enclosing the voting paper is not sent by registered post and received not later than the hour for the closing of the poll ; or

(b) the outer envelope contains no declaration paper outside the smaller cover; or

(d) the declaration paper is not the one sent by the Returning Officer to the voter; or

(e) more than one declaration paper or cover containing voting paper have been enclosed in one and the same envelope; or

(f) the declaration is not in order; or

(g) the voting paper is invalid.

3. A voting paper will be invalid, if:

(a) it does not bear Returning Officer initial or facsimile signature; or

(b) A voter signs his name, or writes any word or makes any mark by which it becomes recognizable; or

(d) The number of votes recorded therein exceeds the number of vacancies to be filled in ; or

(e) It is void for uncertainty of one or more votes exercised.

4. If a voter inadvertently spoils a ballot paper, he can return it to the Returning Officer, who will, if satisfied of such inadvertence, issue to him another voting paper.

5. The scrutiny and counting of votes will begin on..........

6. No person shall be present at the scrutiny except the Returning Officer, and such other persons as the Returning Officer may appoint to assist him, the candidates and not more than one representative of each candidate duly authorised by him in writing.

Office of the A.P. Medical Council,

Returning Officer.

Hyderabad, A.P.

RULES FOR THE ELECTION OF MEMBERS OF THE EXECUTIVE COMMITTEE UNDER SUB SECTION (1) OF SECTION 11 OF THE ANDHRA PRADESH MEDICAL PRACTITIONERS REGISTRATION ACT, 1968

RULES FOR THE ELECTION OF MEMBERS OF THE EXECUTIVE COMMITTEE UNDER SUB SECTION (1) OF SECTION 11 OF THE ANDHRA PRADESH MEDICAL PRACTITIONERS REGISTRATION ACT, 1968

Rule 1 Executive Committee

Rule 2 Procedure for nomination

Rule 3 Right of nomination

Every member of the Council shall be entitled to propose or second as many candidates in terms of the number of seats to be filled in.

Rule 4 Declaration of election without poll

If the number of candidates nominated does not exceed the number of members to be elected, the Chairman of the meeting shall declare all such candidates to have been duly elected.

Rule 5 Poll

If the number of candidates nominated exceeds the number of members to be elected, the Chairman of the meeting shall hold an election in the following manner namely:

(a) The names of the candidates nominated shall be conspicuously exhibited in writing on a black board or in any other convenient manner so as to be visible to the members.

Rule 6 Declaration of result

The Chairman of the meeting shall declare the candidates to have been duly elected (upto the number of members to be elected) to whom the majority of votes have been given.

Rule 7 Determination by lot

If there is an equality of votes between two or more candidates, the choice of the member to be elected shall be determined by the Chairman of the meeting by lot.

Rule 8 Finality of decision

If any dispute arises in connection with any election under these rules, the dispute shall be referred to the Government whose decision thereon shall be final.

Act Type :- Andhra pradesh State Acts

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