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GOVERNMENT OF MAHARASHTRA 

LAW  AND  JUDICIARY  DEPARTMENT 

MAHARASHTRA ACT No. XLVI OF 1965. 

THE MAHARASIITRA MEDICAL COUNCIL ACT, 1965. 

(As modfìed up to  the  18th May 2016) 

PRINTED  IN  INDIA  BY  THE  MANAGER,  GOVERNMENT  PRESS,  WAI  AND  PUBLISHED  BY 
THE  DIRECTOR,  GOVERNMENT  PRINTING  STATIONERY AND  }UBLICATIONS, 
MAHARASHTRA  STATE,  MUMBAI-400  004. 

2016 

[  Price-Rs. 

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THE  MAHARASHTRA MEDICAL  COUNCIL  ACT,  1965 

(i) 

PREAMBLE. 

SECTIONS. 

CONTENTS 

CHAPTER I. 

PRELIMINARY. 

i . 

Short title,  extent  and  commencement. 

... 

... 

2.  Definitions. 

... 

... 

... 

... 

... 

CHAPTER H. 

CONSTITUTIONS,  FUNCTIONS  AND  POWERS  OF  THE  COUNCIL. 

3.  Constitution  and  incorporation  of the  Council. 

4.  Termofoffice. 

... 

... 

... 

5.  Casual  vacancies. 

... 

.. 

... 

6.  Resignation. 

... 

... 

... 

7.  Disqualification and disability. 
8.  Meetings of Council. 
9.  Proceedings  of meetings  and  validity  of acts. 
lo.  Powers,  duties  and  functions  of the  Council. 

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I  i .  Executive  Committee.... 

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12.  Fees  and allowances  to  members  of the  Council  and  Executive  Committee. 

13. 

Income  and  expenditure ofthe  Council. 

... 

... 

... 

14.  Appointment  of  Registrar  of the  Council,  his  duties  and  functions. 
15.  Other  employees  ofthe Council. 

... 

... 

... 

CHAPTER III. 

PREPARATION  AND  MAINTENANCE  OF  REGISTER. 

16.  Preparation ofregister. 
17.  Special  procedure  for  registration  in  certain  cases. 
18.  Persons  who  may  not  be  registered. 

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H-37  -1-F 

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(ii) 

[1965  :  Mah. XLVI 

sECTIONS. 

19.  Fee  for  and  certificate  of provisional registration 

20.  Maintenance  of register. 

... 

2  1  .  Publication  of list  of registered  practitioners 

22.  Removal  of names  from  the  register. 

23 .  Renewal  of registration. 

24.  Appeals. 

... 

... 

25.  Rights  of registered  practitioners. 

26.  General  provisions  applicable to  medical practitioners 

CHAPTER IV. 

MISCELLANEOUS. 

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27.  Council  authorised  to  call  for  information  and attend  examinations .... 

28.  Amendment of Schedule. 

... 

29.  Penalty  for  falsely  claiming  to  be  registered 

30.  Rules. 

... 

3  1  .  Control  of State  Government 

... 

... 

... 

... 

CHAPTER V. 

REPEAL  AND  TRANSITIONAL  PROVISIONS. 

32.  Repeal  and  saving. 

... 

... 

... 

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33.  Dissolution  of  Councils  constituted  under  the  repealed  Acts  and  constitution  of 

new Council. 

... 

... 

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34.  Provision regarding Registrars 

... 

... 

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35.  Vesting  of rights,  duties,  etc 

... 

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36.  Power to remove difficulties 

... 

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THE  SCHEDULE. 

H -  37  - I-B 

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MAHARASHTRA ACT No. XLVI 0E 1965' 
[THE  MAHARASHTRA  MEDICAL  CouNcil.  ACT,  1965] 

[First published after having received the assent of the President in the 
Maharashtra Government Gazette,  Part  IV,  on  the 25th November,  1965.] 
Amended  by Mah.  30  of  1967.* 
Amended  by  Mah.  3  of  1973. 
Amended  by  Mah.  12  of 1984. 
Amended by  Mah.  19  of 2002 $  # (14012O02).** 
Amended by  Mali. 5  of 2004 (10-02-2004).  @ 
Amended by Mah. 39  of 2005 (14-01-2005)  + 
Amended by Mah.  19  of 2014 (01072014)**@@. 

An Act to  unify, consolidate and  make better provision  in the law 
regulating the registration of persons practising modern 
scientific medicine in  the State  of Maharashtra. 

WHEREAS  it  is  expedinent  to  unify,  consolidate  and  make  better  Saving. 

provision in the law regulating the registration ofpersons practising modem 
scientific  medicine  in the  State of Maharashtra and  to  provide  for matters 
connected therewith; It is  hereby enacted in the Sixteenth Year of the Republic 
of India, as follows :- 

Extraordinary,  pages  311-312. 

i .  For  Statement  of  Objects  and  Reasons,  see  Maharashira  Government  Gazelle,  i 965,  Part  V, 
*  Section  5  of  Mah.  30  of  1967  reads  as  follows  :- 
"5.  Nothing  in  clause  (b)  of  section  3  shall  affect  the  constitution  of  any  Executive  Committee 

constituted  and  functioning  immediately  before  the  comming  into  force  of  this  Act.". 

s  Maharashtra  Ordinance  No.  VI  of  2002  was  repealed  by  Mah.  19  of  2002,  5.  4. 
#  Section  3  of  Mah.  19  of  2002  reads  as  follows  :- 
"2.  Notwithstanding  anything  contained  in  Sub-section  (1)  of  section  3  1  of  the  principal  Validation 
Act,  any  exercise  of  powers  or  performance  of  duties  or  discharge  of  functions  by  the  person  of acts  and 
appointed  as  the  Administrator  for  the  period  of  two  years  under  Sub-section  (1)  of  the  said  things  done 
section  31,  who  was  in  the  office  immediately  before  the  coming  into  force  of  this  Act,  after  the  expiiy  by 
of  the  period  of  two  years  till  the  date  of  extension  of  the  term  of  his  office  by  the  Government,  Administra- 
by  an  order  issued  in  exercise  of  the  powers  conferred  under  the  proviso  to  Sub-section  (1)  of  tor. 
section  3 1,  shall  be  valid  and  shall  be  deemed  always  to  have  been  valid;  and  the  same  shall  not  be 
challenged  in  any  court  of  law  or  no  suit  or  other  proceedings  shall  be  instituted  or  maintainable 
against  such  person  or  the  Maharashtra  Medical  Council  on  the  sole  ground  that  the  exercise  of 
powers,  performance  of  duties  and  discharge  of  functions  by  that  person  as  an  Administrator 
under  the  Act,  during  the  period  from  the  expiry  of  the  period  of  two  years  from  the  date  of  his 
appointment  till  the  extension  of  his  term  of  office  under  the  proviso  to  Sub-section  (1)  of  section 
3  1  by  the  Government,  was  without  any  legal  authority.". 

**This  indicates  the  dateof  commencement  of  the  Act. 
@This Act  come  into  force  vide  G.  N.  M.  E.  &  D.  D.  No. MMC.-2002/CR-14/02 ACT,  dated  6th  February  2004. 

@@Thjs  Act  came  into  force  vide  G.  N.  M.  E.  &  D.  D.  No.  MHC.-0412/C.R.12/12  (part-H)  Act, 

dated  the  Ist  July  2014,  w.e.f.  the  ist  July  2004. 

+Section  3  of  Mah.  39  of  2005  reads  as  follows  :- 
"3.  All  acts  or  things  done  and  all  steps  taken  by  the  Administrator,  after  the  expiry  of  the 
Validation 
of  acts  or  extended  term  of  appointment  under  the  first  proviso  to  Sub-section  (1)  of  section  31  of 
things  done  the  principal  Act  till  the  date  of  publication  of  this  Act  in  the  Official  Gazette,  shall  be 
and  steps  deemed  to  have  been  validly  done  or  taken  as  if  his  term  of  appointment  has  not  so  expired; 
taken  by  and  the  same  shall  not  be  called  in  question  in  any  court  of  law  or  no  suit  or  other  proceedings  shall 
Adminis-  be  instituted  or  maintainable  against  such  person  or  the  Maharashtra  Medical  Council  on 
the  sole  ground  that  the  exercise  of  the  powers,  performance  of  duties  and  discharge  of  functions  by 
such  Administrator  under  the  Act  during  such  period,  was  without  any  legal  authority.". 

trator. 

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Maharashtra Medical  Council Act,  1965  11965  :  Mah. XLVI 

CHAPTER I. 

PRELIMINARY. 

Short title, 
extent  and 
commence- 
ment. 

1.  (1)  This Act  may  be  called  the  Maharashtra  Medical  Council  Act,  1965. 

(2) 

It  extends  to  the  whole  of the  State  of Maharashtra. 

(3)  This section shall  come into force  at  once; and the remaining provisions of this 
Act  shall  come  into  force  on  such  date  as  the  State  Government  may,  by  notification 
in  the  Official  Gazette, appoint.* 

Definitions. 

2. 

In  this  Act,  unless  the  context  otherwise requires,- 

(a)  "Appointed  day"  means  the  date  on  which  the  provisions  of  this  Act 

other than  section  1  come  into  force  under  Sub-section  (3)  of section  1; 

(b)  "Council"  means  the  Maharashtra  Medical  Council  constituted  or  deemed 

to  be  constituted  under  section  3; 

(c)  "Executive  Committee"  means  the  Executive  Committee  of  the  Council 

constituted  under  section  1  1; 

(cl)  "Medical  practitioner"  or  "practitioner"  means a  person  who  is  engaged  in 
the  practice  of  modem  scientific  medicine  in  any  of  its  branches  including  surgery 
and  obstetrics,  but  not  including  veterinary  medicine  or  surgery  or  the  Ayurvedic, 
Unani,  Homoeopathic  '[system  of medicine]; 

2[Provided  that,  nothing  in  this  clause  shall  mean  to  exclude  the  registered 
practitioner  as  defmed  in  clause  (1 6)  of  section  2  of  the  Maharashtra  Homoeopathic 
Practitioner's  Act  who  have  passed  the  Certificate  Course  in  Modern  Pharmacology 
approved  by  the  State  Government;] 

( e) 

"Member" means  a member of the  Council; 

(f)  "Prescribed"  means  prescribed  by  rules; 

(g)  "President"  means  the  President  of the  Council; 

@@Thjs  Act  came  into  force  we!.  ist  May  1967  vide  G  N.,  U.  D.,  P.  H.  &  H.  D.,  No.  MMC. 

1067/23046-Unification,  dated  the  26th  April  1967. 

I  These  words  were  substituted  for  the  words  "or  Biochemic  System  of  Medicine"  by  Mah. 

of  2014,  s.  3(a)  (i). 

I 9 

2  This  proviso  was  added,  by  Mah.  19  of  2014.,  s.  3(a)  (ii). 

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3 

1965:  Mah.  XLVII Maharashtra Medical  Council Act,  1965 

(h)  "Register"  means  the  register  of medical  practitioners  prepared  or  deemed 
to  be  prepared  and  maintained  under  this  Act  '[and  includes  a  separate  register 
which  shall  be  maintained  by  the  Council  for  those  covered  by  entry  28  of 
the  Schedule]; 

(i)  "Registered  practitioner"  means  a  medical  practitioner  whose  name  is  for 
the  time  being  entered  in  the  register,  but  does  not  include  a  person  whose  name 
is  provisionally  entered  in  the  register; 

"Registrar"  means  the  Registrar  appointed  under  section  34  or  14,  as  the 

(i) 
case  may  be; 

(k) 

"Rules"  means  rules  made 

section  30; 

(1) 

"Schedule"  means  the  Schedule  appended  to  this  Act; 

(m) 

"Vice-president"  means the  Vice-president of the  Council. 

CHAPTER II. 

CoNsTITUTIoN,  FUNCTIONS  AND  POWERS  OF  THE  CoiicIL. 

a  Council,  to  be  called  "the  Maharashtra  Medical  Council". 

3.  (1)  The State  Government may, by  notification  in  the  Official Gazette, constitute  Constitution 
and 
incor- 
poration  of 
(2)  The  Council  shall  be  a  body  corporate,  having  perpetual  succession  and  the  Council. 

a  common  seal,  with  power  to  acquire, 
and  may  by  the  name  aforesaid  sue  and  be  sued. 

and  dispose  of  property  and  to  contract, 

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

2[(ai)  The  Director of Health  Services,  ex-officio; 

(au)  The  Director  of Medical  Education  and  Research,  ex-officio;] 

(a)  Five  members  to  be  nominated  by  the  State  Government,  out  of  whom 

not  more  than  one  may be  a  person  who  is  not  a  practitioner; 

(b)  One  member  from  each  University  established  by  law  in  the  State  which 
has  a  medical  faculty,  elected  by  members  of  the  medical  faculty  of the  University 
from  amongst  members  thereof who  are  practitioners; 

(c)  One  member to  be  elected by  members  of the governing  body of the  College 
of  Physicians  and  Surgeons,  Bombay  from  amongst  members  thereof,  who  are 
practitioners;  and 

S 

(d)  Nine  members  to  be  elected  by  registered  practitioners  from  amongst 

themselves. 

I  These  words  and  figures  were  added  by  Mah.  19  of  2014,  s.  3  (b). 
2  Clauses  (ai)  and  (ali)  were  substituted  for  clause  (ai)  by  Mah.  3  of  1973,  s.  3,  Sch. 

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Maharashtra  Medical  Council Act,  1965 

1 1965:  Mah.  XLVI 

(4)  The  President  and  Vice-president  shall  be  elected  by  the  members  from 

amongst  themselves. 

(5)  The  election  of the  members,  and  of the  President and Vice-president,  shall 
be  held  at  such  time,  and  at  such  place,  and  in  such  manner,  as  may  be  prescribed. 

(6) 

If at  any  election,  the  electors  fail  to  elect  the  requisite number  of members, 
or  the  President  or  the  Vice-president,  the  State  Government  shall  nominate  such 
it  deems  fit,  to  fill  up  the  vacancy  or 
registered  practitioner  or  practitioners 
vacancies;  and  the  practitioners  so  nominated  shall  be  deemed  to  have  been  duly 
elected  under  this  section. 

(7)  Where any dispute  arises regarding any  election of a member or the  President 
or  Vice-president,  it  shall  be  referred  to  the  State  Government,  and  the  decision  of 
that  Government  shall  be  final. 

Term  of 
office.  the  names  of the  members,  both  elected  and  nominated. 

(1)  The  State  Government  shall,  by  notification  in  the  Official  Gazette, publish 

4. 

(2)  Save  as  otherwise  provided  by  this  Act,  a  member,  whether  elected  or 
nominated,  shall  hold  office  for  a  term  of five  years  from  the  date  of publication of the 
notification under  Sub-section  (1) 

Provided  that,  where  a  person  is  elected  by  members  of  a  medical  faculty  of 
a  University  or  governing  body  of  the  College  of  Physicians  and  Surgeons,  he  shall 
cease  to  hold  office  as  a  member  if  he  ceases  to  belong  to  that  faculty  or  body,  as 
the  case  may  be. 

(3)  Save  as  otherwise  provided  by  this  Act,  the  President  and  the  Vice-president 
shall  hold  office  from  the  date  of his  election  upto  the  day  on  which  his  term  of 
office  as  member expires. 

(4)  The  term  of  office  of  an  outgoing  member  shall,  notwithstanding  anything 
contained in  Sub-section (2),  be  deemed to  extend  to and expire  with the  day immediately 
preceding  the  day  on  which  the  names  of the  successor  members  are  published  under 
sub-section  (1). 

(5)  The  term  of office  of  an  outgoing  President  or  Vice-president  shall,  notwith 
standing  anything  contained  in  Sub-section  (3),  be  deemed  to  extend  to  and  expire 
with  the  day  immediately  preceding  the  day  on  which  the  successor  President  or 
Vice-president,  as  the  case  may be,  is  elected. 

(6)  An  outgoing  member,  President  or  Vice-president,  shall  be  eligible  for 

re-election or  re-nomination. 

(7)  Leave  of absence  may  be  granted  by  the  Council to  any  member  for  a  period 

not  exceeding  six  months. 

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1965:  Mah. XLVII  Maharashtra Medical Council Act,  1965 

5. 

Casual 

(1)  Any  casual  vacancy,  previous to  the  expiry ofthe  term,  in  the  office  of the 
vacancies.  President  or  Vice-president  or  of a  member  elected  under  clause  (b),  (c)  or  (d)  of sub- 
section  (3)  of  section  3  caused  by  reason  of  death,  resignation,  disqualification  or 
disability  or  any  other  reason,  shall  be  filled  by  election 

Provided that,  any such  vacancy,  in  the  office ofan elected member occurring within 
six  months  prior to  the  date  on  which the term of office  of all  the  members  expires,  shall 
not  be  filled. 

(2)  Any  casual  vacancy,  previous  to  the  expiry  of  the  term,  in  the  office  of 
a  member  nominated  under  clause  (a)  of  Sub-section  (3)  of  section  3  shall  be 
reported  forthwith  by  the  Registrar  to  the  State  Government  and  shall  as  soon 
as  possible  thereafter  be  filled  by  the  State  Government  by  nomination. 

(3)  Any  person  elected under  Sub-section (1)  or  nominated  under  Sub-section (2) 
to  fill  a  casual  vacancy  shall,  notwithstanding  anything  contained  in  section  4,  hold 
office  only  so  long  as  the  person  in  whose  place  he  is  elected  or  nominated  would 
have  held  office,  if the  vacancy  had  not  occured. 

Resigna- 
tion. 

6. 

(1)  The  President  or  the  Vice-president  may  at  any  time  resign  his  office 
by  a  notice  in  writing  addressed  to  the  Council,  and  delivered  to  the  Registrar.  The 
resignation  shall  take  effect  from  the  date  on  which  it  is  accepted  by  the  council. 

(2)  An  elected  member  may  at  any  time  resign  his  office  by  a  notice  in  writing 
addressed  to  the  President.  A  nominated  member  may  at  any  time  resign  his  office 
by  a  notice  in  writing  addressed  to  the  State  Government.  Every  such  resignation 
shall  take  effect  from  the  date  on  which  it  is  accepted  by  the  President  or,  as  the 
case  may  be,  the  State  Government. 

Disqualifi- 

cation  and  continuing  as,  a  member, - 

7. 

disability. 

(1)  A  person  shall  be  disqualified  for  being  elected  or  nominated  as,  and  for 

(a) 

if he  is  an  undischarged  insolvent; 

(b) 

if he  is  of unsound  mind  and  stands  so  declared  by  a  competent  court; 

if his  name has  been  removed  from  the  register  and has  not  been  re-entered 

(c) 
therein;  or 

if he  is  a  whole-time  officer or  servant  of the  Council. 

(aD 

(2) 

Ifany member absents himselffrom three consecutive meetings ofthe Council, 
without  leave  of the  Council  granted under  Sub-section (7)  of section  4  or  without  such 
reasons as  may,  in  the  opinion  of the  Council,  be  sufficient,  the  Council  may  declare  his 
seat  vacant  and  take  steps  to  fill  the  vacancy. 

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Maharashtra  Medical  Council Act,  1965  F1965:  Mah.  XLVI 

(3) 

Ifany  member becomes  or is 

to  be  subject to any ofthe disqualifications 
mentioned  in  Sub-section  (1),  the  Council  shall  submit a  report  to  the  State  Government, 
and  the  State  Government,  if  satisfied  about  the  disqualification,  shall  declare  his  seat 
vacant. 

8. 

(1)  The meetings  ofthe  Council shall  be convened,  held and  conducted  in  such  Meetings 

of CounciL 

manner  as  may  be  prescribed. 

(2)  The  President,  when  present  shall  preside  at  every  meeting of the  Council.  If 
at  any  meeting  the  President  is  absent,  the  Vice-president,  and  in  the  absence  of both, 
some  other  member  elected  by  the  members  present  from  amongst  themselves,  shall 
preside  at  such  meeting. 

(3)  All  questions  at  a  meeting  of  the  Council  shall  be  decided  by  a  majority 

of  votes. 

(4)  The  presiding  authority  at  a  meeting  shall  have  and  exercise  a  second  or  a 

casting  vote,  in  case  of an  equality  of votes. 

(5)  Eight  members  including  the  President  and  the  Vice-president  shall  form  a 
quorum.  When  a  quorum  is  required  but  not  present,  the  presiding  authority  shall 
adjourn  the  meeting  to  such  hour  on  some  future  day  as  it  may  notify  on  the  notice 
board  at  the  office  of the  Council;  and  the  business  which  would  have  been  brought 
before  the  original  meeting  had  there  been  a  quorum  thereat,  shall  be  brought  before 
the  adjourned  meeting,  and  may  be  disposed  of  at  such  meeting  or  any  subsequent 
adjournment  thereof,  whether  there  be  a  quorum  present,  or  not. 

9. 

(1)  The  proceedings  of discussion  of  every  meeting  of  the  Council,  shall  Proceedings 
be  treated  as  confidential;  and  no  person  shall,  without  the  previous  resolution  of  of  meetings 
the  Council,  disclose  any  portion  thereof  : 

Provided  that,  nothing  in  this  section  shall  be  deemed  to  prohibit  any  person 
from  disclosing  or  publishing  the  text  of  any  resolution  adopted  by  the  Council, 
unless  the  Council  directs  such  resolution  also  to  be  treated  as  confidential. 

(2)  No  disqualification  of or  defect  in  the  election  or nomination  of any  person  as 
a  member,  or  as  the  President,  or  as  the  Vice-president,  or as  a  presiding  authority of a 
meeting, shall ofitselfbe deemed to vitiate  any act or proceedings  ofthe Council  in which 
such  person  has  taken  part,  whenever  the  majority  of persons  who  are  parties  to  such 
act  or  proceedings,  were  entitled  to  vote. 

(3)  During  any  vacancy  in  the 

the  continuing  members  may  act,  as  if no 

vacancy  had  occured 

Provided  that,  the  number  of  vacancies  shall  at  any  time  not  exceed  seven. 

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1965:  Mah. XLVII  Maharashtra Medical  Council Act,  1965 

7 

Powers 

Subject  to  such  conditions  as  may  be  prescribed  by  or  under  the  provisions 

duties  and  of this  Act,  the  powers,  duties  and  functions  of  the  Council  shall  be- 
functions  of 
the  Council. 

to  maintain  the  register,  and  to  provide  for  the  registration  of  medical 

(a) 
practitioners; 

(b) 

to  hear  and  decide  appeals  from  any  decision  of the  Registrar; 

(c) 

to  prescribe  a  code  of  ethics  for  regulating  the  professional  conduct  of 

practitioners;  '[including  those  covered  by  entry  28  the  Schedule]; 

(d) 

to  reprimand a  practitioner,  or  the  suspend  or  remove  him  from  the  register, 
or  to  take  such  other  disciplinary  action  against  him  as  may,  in  the  opinion  of  the 
Council,  be  necessary  or  expedient; 

(e) 

to  exercise  such  other  powers,  perform  such  other  duties  and  discharge 

such  other  funtions,  as  are  laid  down  in  this  Act,  or  as  may  be  prescribed. 

C 

. 

11. 

(1)  The  Council shall,  as  soon  as  may be,  constitute  an  Executive Committee 
Executive  consisting  of  the  President  ex-officio,  2[the  Vice-President  ex-offlcio,  3[the  Director 
omm,  ce.  of  Health  Services,  ex-officio  and  the  Director  of  Medical  Education  and  Research, 
ex-officio,] and such  number of other members, elected by  the  Council 4[from amongst  its 
members  in  accordance  with  the  system  of proportional  representation by  means  of the 
single  transferable  vote,  as  may  be  prescribed.] 

(2)  The  term  of office  of,  and the  manner  of filling  casual  vacancies  among,  and 
the  procedure  to  be  followed  by,  the  members  of  the  Executive  Committee  shall  be 
such  as  may  be  prescribed. 

(3) 

In  addition  to  the  powers,  duties  and  functions  conferred,  imposed  and 
entrusted  by  this  Act,  the  Executive  Committee  shall  exercise  such powers, perform  such 
duties,  and  discharge  such  functions,  of the  Council  as  may  be  delegated  to  it  by  rules 
or  entrusted  to  it,  from  time  to  time,  by  the  Council. 

12. 

Fees  and 

(1)  There  shall  be  paid  to  the  President,  the  Vice-president  and  other 
allowances  members  of  the  Council,  and  to  the  members  of  its  Executive  Committee,  such  fees 
to  members  and  allowances  for  attendance  at  meetings,  and  such  reasonable  travelling  allowance, 
Council  and  as  shall  from  time  to  time  be  prescribed. 
Executive 
Committee. 

I  These  words  and  figures  were  added  by  Mah.  19  of  2014,  s.  4. 
2  These  words  were  inserted  by  Mah.  30  of  1967,  s.  3  (a). 
3  These  words  were  substituted  for  the  words  "and  Surgeon  General  with  the  Government  of 

Maharashtra.  Ex-officio,"  by  Mah.  3  of  1973 

s.  3.  ScI,. 

4  These  words  were  substituted  for  the  words  "from  amongst 

its  members,  as  may  be  prescribed" 

by  Mah.  30  of  1967,  s.  3  (b). 

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8 

Maharashtra Medical  Council Act,  1965  [1965  :  Mah.  XLVI 

13. 

(1)  The  income  of the  Council  shall  consist of- 

(a)  Fees  received  from  the  practitioners, 

(b)  grants  received  from  the  State  Government,  if any,  and 

(c)  any  other  sums  received  by  the  Council. 

Income  and 
ex pendit u re 
of  the 
Council. 

(2)  It  shall  be  competent  for  the  Coucnil  to  incur  expenditure  for  the  following 

purposes,  namely  :- 

(a)  salaries  and  allowances  of  the  Registrar  and  the  staff  maintained  by 

the  Council; 

(b)  fees  and  allowances  paid  to  the  members  of the  Council  and  the  Executive 

Committee; 

(c)  remuneration  paid  to  the  assessors;  and 

(d)  such  other  expenses  as  are  necessary  for  performing  the  duties  and 

discharging  the  functions  under  this  Act. 

appoint  a  Registrar. 

14. 

(1)  The  Council  shall,  with  the  previous  sanction  of  the  State  Government,  Appoint- 
ment  of 
Registrar  of 
the  Council, 
his  duties  and 
functions. 

(2)  The  Executive  Committee  may  from  time to  time  grant  leave  to  the  Registrar  : 

Provided  that,  if  the  period  of  leave  does  not  exceed  one  month,  the  leave  may 

be  granted  by  the  President. 

(3)  During  any  temporary  vacancy  in  the  office  of the  Registrar  due  to  leave  or 
any  other  reason,  the  Executive  Committee  may,  with  the  previous  sanction  of  the 
State  Government,  appoint  another  person  to  act  in  his  place,  and  any  person  so 
appointed  shall,  for  the  period  of  such  appointment,  be  deemed  to  be  the  Registrar 
for  the  purposes  of  this  Act 

Provided  that,  when  the  period  of  such  vacancy  does  not  exceed  one  month, 
the  appointment  may  be  made  by  the  President,  who  shall  forthwith  report  such 
appointment to  the  Executive  Committee,  and  the  State  Government. 

(4)  The  Council  may,  with the  previous  sanction of the  State  Government,  suspend, 
dismiss  or  remove  any  person  appointed  as  the  Registrar,  or  impose  any  other  penalty 
upon  him. 

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1965 :  Mah. XLVII  Maharashtra  Medical  Council Act,  1965 

(5)  Save  as  otherwise  provided  by  this  Act,  the  salary  and  allowances  and 

other  conditions  of  service  of the  Registrar  shall  be  such  as  may  be  prescribed. 

(6)  The  Registrar  shall be  the  Secretary  and  the  Executive  Officer  ofthe Council. 
He  shall  attend  all  meetings  of  the  Council,  and  of  its  Executive  Committee,  and 
shall  keep  minutes  of  the  names  of  members  present  and  of  the  proceedings  at 
such  meetings. 

(7)  The  accounts  of the  Council  shall  be  kept  by  the  Registrar,  in  the  prescribed 

manner. 

(8)  The  Registrar  shall  have  such  suprevisoiy  powers  over  the  staff  as  may  be 
prescribed,  and  may  perform  such  other  duties  and  discharge  such  other  functions  as 
may  be  specified  in  this  Act,  or  as  may  be  prescribed. 

XLV  of 
1860.  servant  within the  meaning  of section  21  of the  Indian  Penal  Code. 

(9)  The  Registrar  appointed  under  this  section  shall  be  deemed  to  be  a  public 

15. 

Registrar,  as  it  may  deem  necessary  for  performing  its  duties  and  discharging  its  employees 
functions  under  this  Act  z 

(1)  The  Council  may  appoint  such  officers  and  servants,  other  than  the  Other 
of  the 
Council. 

Provided  that,  the  number  and  designation  of  such  officers  and  servants  and 
their  salaries  and  allowances  shall  be  determined  by  the  Council,  with  the  previous 
sanction  of the  State  Government. 

(2)  Notwithstanding  anyting 

in  Sub-section  (i),  but,  subject  to  such 
financial  limit  as  may  be  laid  down  in  this  behalf by  the  Council,  it  shall  be  competent 
for  the  Executive  Committee  to  create  temporary  posts  of  clerks  or  servants  and  to 
make  appointments  thereto,  to  meet  any  temporary  increase  in  work,  or  to  carry  out 
any  work  of a  seasonal  character. 

(3)  The  other  conditions  of  service  ofthe  officers  and  servants  of  the  Council 

shall  be  such  as  may  be  prescribed. 

(4)  The  officers  and  servants  of  the  Council  appointed  under  this  section 
XLV  of 
i  860.  shall  be  deemed  to  be  public  servants  within  meaning  of  section  2 1  of  the  Indian 

Penal  Code. 

CHAPTER III. 

PREPARATION  AND  MAINTENANCE  OF  REGISTER. 

16. 

(1)  As  soon  as  may  be  after  the  appointed  day,  the  Registrar  shall  prepare  Preparation 
practitioners  for  the  State,  in  accordance  of register. 

and  maintain  thereafter  a  register  of 
with  the  provisions  of this  Act. 

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Io 

Maharashtra  Medical Council  Act,  1965  [1965:  Mah.  XLVI 

(2)  The register  shall be  in  such  form, and  may  be  divided  into  such  parts,  as  may 
be  prescribed.  The  register  shall  include  the  full  name,  address,  and  qualifications  of 
the  registered  practitioner,  the  date  on  which  each  qualification  was  obtained,  and 
such  other  particulars  as  may  be  prescribed. 

(3)  Any  person  who  possesses  any  of  the  qualifications  specified  in  the 
Schedule  to  this  Act  or  in  the  First,  Second  or  Third  Schedule  to  the  Indian  Medical 
Council  Act,  1956,  shall  subject  to  any  conditions  laid  down  by  or  under  the  Indian 
CII  of  Medical  Council Act,  1956, at  any  time  on  an  application  made  in  the  prescribed  form 
1956.  to  the  Registrar  and  on  payment  of  '[such  fees  as  the  State  Government  may, 
by  notification  in  the  Official  Gazette,  specify]  and  on  presentation  of  his  degree, 
diploma,  licence  or  certificate,  be  entitled  to  have  his  name  entered  in  the  register 

Provided that,  the  name of an applicant who  is  unable to present  his degree,  diploma, 
licence  or  certificate  may  be  entered  in  the  register,  if he  satisfies  the  President that  he 
holds  such  degree,  diploma,  licence  or  certificate  but  cannot  for  sufficient  cause  present 
the  same  with  his  application. 

(4)  The  name  of every  person 

(a)  who,  on  the  day  immediately  preceding  the  appointed  day  stands  entered  Born.  VI  of 

in  the  register  duly  kept  under  section  6  of  the  Bombay  Medical  Act,  1912,  as  in  1912. 
force  in  the  Bombay  area  of the  State;  or 

(b)  who,  on  or  after the  ist November,  1956, being entered  in  the  register  duly  C.  P.  and 

I  of 

kept  under  section  i  i  of  the  Central  Provinces  and  Berar  Medical  Registration 
Act,  i9i6, as  in  force  in  the  Vidarbha  region  of the  State  and  stands  entered  on  the 
day  immediately  preceding  the  appointed  day, 

shall  be  entered  in  the  register  prepared  under  this  Act,  without  such  person 

being required  to  make  an  application,  or  to  pay  any  fee  for  this  purpose. 

(5) 

(a)  The  name  of every  person  who  on  the  day  immediately  preceding  the  c.  r. and 
I  of 

appointed  day  stands  entered  in  the  register  duly  kept  under  section  1  1  of the  Central 
Provinces and Berar Medical Registration Act,  1 9 1 6, as  in  force  in  the  Vidarbha region of 
the  State  (other  than  that  of  any  person  already  covered  by  paragraph  (b)  in  the  last 
preceding  Sub-section),  or  under  section  1 0  of the  Medical  Registration Act,  as  in  force  Hyd. 
1  of 
in  the  Hyderabad  area  of the  State,  shall,  subject  to  the  provisions  of  clause  (b),  be  1348  Fasli. 
entered  in  the  register  prepared  under  this  Act,  without  such  person  being  required  to 
make  an  application  or  to  pay  any  fee  for  this  purpose. 

I  These  words  were  substituted  for  the  words 

of  2004,  s.  2. 

"a  fee  of  rupees  one  hundred  and  fifty"  by  Mah.  5 

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1965:  Mah.  XLVI]  Maharashtra  Medical  Council Act,  1965 

11 

(b)  Notwithstanding  anything  contained  in  ôlause  (a),  within  a  period  of  three 
months  from  the  appointed  day  or  such  further  period  as  the  State  Government  may 
allow,  the  Registrar  shall  publish  a  general  notice  in  the  Official  Gazette  and  in 
such  newspapers  as  the  Council  may  select,  in  such  form  as  may  be  prescribed,  and 
send  individual  notice  by  registered  post  to  every  such  person  at  his  last  known 
address  in  such  form  as  may  be  prescribed,  calling  upon  every  such  person  to  pay 
to  the  Registrar  in  the  prescribed  manner a  fee  of rupees  two  if  he  desires  to  continue 
his  name  on  the  register  under  this  Act.  The  name  of  every  such  person  who  pays 
such  fee  before  the  expiiy  of  the  period  of two  months  from  the  date  of  publication 
of the  general  notice  in  the  Official  Gazette  shall  be  continued  on  the  register,  without 
such  person  being  required  to  make  an  application  or  to  pay  any  other  fee  for  this 
purpose.  1f  such  fee  is  not  paid  within  time,  the  Registrar  shall  remove  the  name  of 
the  defaulter  from  the  register 

Provided  that,  if  any  application  for  continuance  of  the  name  so  removed  is 
made  to  the  Registrar  within  a  period  of six  months  from  the  last  date  on  which  such 
fee  should  have  been  paid,  the  name  so  removed  may  be  re-entered  in  the  register 
on  payment  of a  fee  of five  rupees. 

(6)  After  the  last  date  for  payment  of the  fee  of  rupees  two  under  clause  (b)  of 
the  last  preceding  Sub-section  has  expired  and  the  register  prepared  in  accordance 
with  the  foregoing  provisions  is  ready,  the  Registrar  shall  publish  a  notice  in  the 
Official  Gazette  and  such  newspapers  as  the  Council  may  select,  about  the  register 
having  been  prepared,  and  the  register  shall  come  into  force  from  the  date  of  the 
publication  of such  notice  in  the  Official  Gazette. 

(7)  Every  registered  practitioner  shall  be  given  a  certificate  of registration  in  the 
prescribed  form.  The  registered  practitioner  shall  display  the  certificate  of  registration 
in  a  conspicuous  part  in  the  place  of  his  practice  and  if  he  has  more  than  one  such 
place  in  any  one  of them. 

Special 
Procedure 

17. 

(1)  No  person  who  possesses  a medical  qualification  granted  by  any author-  CII  of 
ity  in  any  place  outside  the  territory  of India  (other  than  the  qualification  specified  in  1956. 

registration  the  Second  Schedule  or  Part  II  of  the  Third  Schedule  to  the  Indian  Medical  Council 
in  certain  Act,  1956)  shall  be  registered  under  this  Act,  unless  the  procedure  specified  in  sub- 

cases.  section  (2)  has  been  followed. 

(2)  Any  person,  who  holds  any  such  medical  qualification  may  apply  to  the 
Council  for  registration  by  giving  a  correct  description  of  his  qualification,  with  the 
dates  on  which  they  were  granted,  and  by  presentation  of  his  degree,  diploma,  licence 
or  cortificate.  If the  Council  is  satisfied  that the  degree,  diploma,  licence  or  certificate 
held  by  the  applicant  is  such  as  to  secure  the  possession  by  the  applicant  of  the 
requisite knowledge  and  skill  for  efficient  practice  as  a  medical practitioner,  the  Council 

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12 

Maharashtra Medical  Council Act,  1965  [1965: Mah. XLVI 

cii  of  may,  with  the  previous  approval  of the  Executive  Committee  of the  Medical  Council 
1956.  of  India  constituted  under  the  Inaidan  Medical  Council  Act,  1956  and  on  payment 
of  '[such  fees  as  the  State  Government  may,  by  notification  in  the  Official  Gazette, 
specifly]  enter  his  name  in  the  register  if the  applicant  is  a  citizen  of India,  and  if 
the  applicant  is  not  such  a  citizen  enter  his  name  in  the  register,  subject  to  such 
conditions  as  the  Council  may  deem  fit to  impose. 

. 

. 

. 

18.  Notwithstanding anything contained  in  sections  1  6  and  17,  no  person,  whose  Persons  who 
name has  been  removed  from  any  register kept  under  this  Act  or  any  other  law  for  the  may  not  be 
time  bemg  m  force  m  India  regulatmg  the  registration  of medical  practitioners  on  the 
ground  of  professional  misconduct,  shall  be  entitled  to  have  his  name  entered  in  the 
register,  unless  his  name  is  duly  ordered  to  be  restored  to  the  register  from  which  it 
was  so  removed. 

registered. 

. 

. 

. 

. 

. 

. 

. 

. 

19. 

cii  of 
1956.  of the  Indian  Medical  Council Act  1956  shall  make  an  application  in  the  prescribed 

(1)  Any  person  who  desires  to  be  registered  provisionally  under  section  25  Fee  for  and 
certificate of 
provisional 
fees  as  the  State  Government  may,  by  registration. 

form  to  the  Registrar  and  shall  pay 
notification  in  the  Official  Gazette, specif']. 

(2)  Every  person  whose  name  is  entered  in  the  register  under  sub-section  (1) 
shall  be  given  a  certificate  of  provisional  registration  in  the  prescribed  form.  Such 
certificate  shall  remain  in  force  for  such period  as  may  be  specified  therein. 

(1) 

20. 

It shall  be the  duty  of the  Registrar  to  make  entries  in  the  register,  from  Maintenance 

time  to  time,  to  revise  the  same  and  to  issue  certificates  of registration  in  accordance  of register. 
with  the  provisions  of  this Act  and  the  rules  made  thereunder. 

(2)  The  names  of registered  practitioners who  die  or  whose names  are  directed to 

be  removed  from  the  register under  section 22,  shall  be  removed therefrom. 

( 3)  Any  person  whose  name  is  entered  in  the  register  and  who  subsequent  to 
his  registration  desires  to  record  in  the  register  any  change  in  his  name,  shall  on  an 
application  made  in  this  behalf  and  on  payment  of  the  prescribed  fee  be  entitled  to 
have  such  change  in  his  name  recorded  in  the  register. 

(4)  Subject to  the provisions ofsection 26 ofthe  Indian Medical  Council Act,  1956,  cii  of 
956. 

any  person  whose name  is  entered  in  the  register and who  subsequent to  his registration 
obtains  any  additional  qualification specified  in  the  Schedule  to  this  Act  or  in  any  of 
the  Schedules  to  the  Indian  Medical  Council Act,  i 956,  shall  on  an application  made  in  CII  of 
956. 
this  behalf,  and  on  payment  of the  prescribed  fee,  be  entitled  to  have  an  entry  stating 
such  additional  qualification  made  against  his  name  in  the  register. 

i  These  words  were  substituted  for  the  words  "a  fee  of rupees  one  hundred  and  fifty"  by  Mah.  5 

of  2004,  s.  3. 

S 

2  These  words  were  substituted  for  the  words  "a  fee  of  rupees  ten"  by  Mah.  5  of 2004,  s.  4. 

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1965:  Mah. XLVII  Maharashtra Medical  Council  Act,  1965 

13 

[(5)  The  Registrar  may,  on  an  application  made  in  that  behalf and  on  payment  of 

the  prescribed  fee,  issue  a  duplicate  certificate.] 

21. 

Publication 

(1)  At  such  time  after  the  publication  of  the  notice  under  Sub-section  (6) 
of list  of  of  section  16  as  the  Council  deems  fit,  and  thereafter  every  five  years,  the  Registrar 
registered  shall  cause  to  be  printed  and  published  a  correct  list  of  all  persons  for  the  time 

practiti-  being  entered  in  the  register. 
oners. 

(2)  The  Registrar  shall  cause  to  be  printed  and  published  annually  on  or  before 
a  date  to  be  decided  by  the  Executive  Committee,  an  addendum  and  a  corrigendum  to 

the  list  published  under  Sub-section  (1)  showing - 

(a)  The  names  of  all  persons  for  the  time  being  entered  or  re-entered  in  the 

register,  and  not  included  in  any  subsisting  list  already  printed  and  published; 

(b)  The  names  of all  practitioners  included  in  any  subsisting  list,  whose  names 
have  since  been  removed  on  account  of  any  reason  whatsoever  from,  and  not 
re-entered  in,  the  register;  and 

(c)  Any  other  amendments  to  the  subsisting  list. 

(3)  The  form  of the  list  published  under  Sub-section  (1),  the  particulars  to  be 
included  therein,  and  the  manner  of its  publication,  shall  be  such  as  may  be prescribed. 

(4)  A  copy  of  the  list  referred  to  in  sub-section  (1)  shall  be  evidence  in  all 
Courts,  and  in  all  judicial  or  quasi-judicial  proceedings,  that  the  persons  therein 
specified  are  registered  according  to  the  provisions  of  this  Act,  and  the  absence  of 
the  name  of  any  person  from  such  copy  shall  be  evidence,  until  the  contrary  is 
proved,  that  such  person  is  not  registered  according  to  the  provisions  of  this  Act 

Provided  that,  in  the  case  of  any  person  whose  name  does  not  appear  in  such 
copy,  a  certified  copy  under  the  hand  of  the  Registrar  of  the  entry  of  the  name  of 
such  person  on  the  register  shall  be  evidence  that  such  person  is  registered  under 
the  provisions  of  this  Act. 

22. 

Ifa registered practitioner has been,  after  due  enquiry held by the  Council 
(or by  the  Executive Committee) in the  prescribed manner, found guilty  ofany misconduct 

(1) 

Removal 
of names 
from  the 

register.  by  the  Council,  the  Council  may - 

(a) 

Issue  a  letter  of warning  to  such  practitioner,  or 

Sub-section  (5)  was  substituted  by  Mah.  30  of  1967,  s.  4. 

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Maharashtra  Medical  Council Act,  1965  [1965:  Mah.  XLVI 

(b)  Direct  the  name  of such  practitioner - 

(i) 

to  be  removed  from  the  register  for  such  period  as  may  be  specified  in 

the  direction,  or 

(ii) 

to  be  removed  from  the  register  permanently. 

Explanation- For  the  purposes  of this  section,  "misconduct"  shall  mean  - 

the  conviction  of a  registered  practitioner  by  a  criminal  court  for  an  offence 
11  of 
1974.  which involves moral turpitude,  and which  is  cognizable within the meaning of '[the Code 

(i) 

of Criminal Procedure,  1973];  or 

XLVI  of 

the  conviction  under  the  Army  Act,  1950,  of a  registered  practitioner  subject 
1950.  to  military  law  for  an  offence  which  is  cognizable  with  the  meaning  of  2[the  Code 

(ii) 

11 

1974. 

of Criminal Procedure,  1973];  or 

(iii)  any  conduct  which,  in  the  opinion  of the  Council,  is  infamous  in  relation  to 
CII  of 
1956.  the  medical  profession  particularly  under  any  Code  of  Ethics  prescribed  by  the 
Council  or  by  the  Medical  Council  of  India  constituted  under  the  majan  Medical 
Council Act,  1956,  in  this  behalf. 

Mah. 
XXVIII  of 
1961. 

Born.  XII 
of  1960. 

(2) 

If the  name  of any  such  practitioner  is  also  entered  in  - 

(a)  The  register  of  the  list  maintained  under  the  Maharashtra  Medical 

PractitionersAct,  1961;  or 

(b)  The  register  or  the  list  maintained  under  the  3Bombay  Homeopathic  and 

Biochemic Practitioners Act,  1959, 

It  shall  be  the  duty  of  the  Registrar  to  give  intimation  of  such  removal  to  the 

authority  entitled to  maintain  the  said  register  or  the  said  list. 

(3) 

If the  name of a registered  practitioner is  also  entered  in  the  register or the  list, 
as  the  case  may  be,  maintained  under  any of the  laws referred  to  in  Sub-section  (2)  and 
it  is  removed from the said register  or the said  list, the  Council  shall ifsuch  removal éomes 
or  is  brought  to  its  notice,  also remove  the  name  of such  registered  practitoner from  the 
register  under  this  Act. 

(4)  The  Council  may,  on  sufficent  cause  being  shown,  direct  at  any  subsequent 
date  that  the  name  of  a  practitioner  removed  under  Sub-section  (1)  or  (3)  shall  be 
re-entered  in  the  register  on  such  conditions,  and  on  payment  of  such  fee  as  may 
be  prescribed. 

I  These  words  and  figures  were  substituted  for  the  words  and  figures  "the  Code  of  Crirninal 

Procedure,  1898"  by  Mah.  12  of  1984,  s,  4. 

2  These  words  and  figures  were  substantial  for  the  words  and  figures  "the  code  of  Criminal 

Procedure,  1898"  by  Mah.  12  of  1984,  s,  4. 

3  The  short  title  of  the  Act  was  amended  of  "Maharashtra  Horneopathic  Practroner's  Act"  by 

Mali.  22  of  2012,  sci.  entry  83,  w.e.f.  1-5-1960. 

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15 

1965: Mah.  XLVI]  Maharashtra Medical  Council Act,  1965 

(5)  The  Council  may,  of  its  own  motion,  or  on  the  application  of  any  person, 
after  due  and  proper  inquiry  and  after  giving  an  opportunity  to  the  person  concerned 
of being heard,  cancel  or alter any  entry  in  the  register  if,  in  the  opinion  of the  Council, 
such  entry  was  fraudulently  or  hicorrectly  made. 

(6) 

In  holding  any  enquiry  under  this  section,  the  Council  or  the  Executive 
Committee,  as  the  case  may  be,  shall  have  the  same  powers  as  are  vested  in  Civil  V  of 1908. 
Courts  under  the  Code  of  Civil  Procedure,  1908,  when  trying  a  suit, 
the  following matters,  namely  :- 

in  respect  of 

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

(b)  Compelling  the  production  of documents; 

(c) 

Issuing  of  commissions  for  the  examination  of witnesses. 

XLV  of 
1860.  within  the  meaining of sections  193,  219  and 288  ofthe  Indian  Penal  Code. 

(7)  All  iiiquiries  under  this  section  shall  be  deemed  to  be  judicial  proceedings 

(8)  (a)  For  the  purpose  of advising the  Council  or  the  Executive  Committee,  as 
the  case  may  be,  on  any  question  of  law  arising  in  any  inquiry  under  this  section, 
there  may  in  all  such  inquiries  be  an  assessor,  who  has  been  for  not  less  than 
ten  years 

xxv of 
1961. 

(i)  An  advocate  enrolled  under  the Advocates  Act,  1961,  or 

XXVII  of 

(ii)  An  attorney  of  a  High  Court. 

Explanation. - For  the  purpose  of  this  clause,  in  computing  the  period 

1926.  during  which  a  person  has  been  enrolled  as  an  Advocate,  there  shall  be  included 
any  period  during  which  he  was  enrolled  as  an  Advocate  under  the  Indian  Bar 
Councils Act,  1926. 

(b)  Where  an  assessor  advises  the  Council,  or  the  Executive  Committee,  on  any 
question  of  law  as  to  evidence,  procedure  or  any  other  matter,  he  shall  do  so  in  the 
presence  of  every  party  or  person  representing  a  party,  to  the  enquiry  who  appears 
thereat  or  if the  advice  is  tendered  after  the  Council  or  the  Executive  Committee  has 
begun  to  deliberate  as  to  its  findings,  every  such  party  or  person  as  aforesaid  shall 
be  informed  what  advice  the  assessor  has  tendered.  Such  party  or  person  shall  also 
be  informed  if  in  any  case  the  Council  or  the  Executive  Committee  does  not  accept 
the  advice  of the  assessor  on  any  such  question  as  aforesaid. 

(c)  Any  assessor  under  this  section  may  be  appointed  either  generally,  of  for 
any  particular  inquiries  or  class  of  inquiries,  and  shall  be  paid  the  prescribed 
remuneration. 

I 

2 

These  words  arid  figures  were  substituted  for  the  words  and  figures  "the  Code  of  Criminal 
Procedure,  1808"  by  Mah.  12  of  1984,  s.  4. 
*Th  short  title  of  the  Act  was  amended  of  "Maharashtra  1-lomeopathic  Practroneer's  Act"  by 
Mah.  22  of  2012,  sch,  entry  83,  w.e.f. 
Ist  May  1960. 

H  -  37 -3-F 

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ír 

Maharashira Medical  Council Act,  1965  11965: Mah.  XLVI 

1[23  Notwithstanding  anything  contained  in  sections  16,  17  and  21,-- 

Renewal  of 
registration. 

(a)  Every registered  practitioner  who  is  holding  a  certificate  of registration  prior 
to  such  date,  as  the  Council,  by  order  published  the  Official  Gazette specifies,  shall 
within  a  period  of  four  months  from  the  specified  date,  apply  in  the  prescribed 
form,  with  a  renewal  fee  of  rupees  five  hundred,  to  the  Registrar  for  the  renewal  of 
the  registration; 

(b)  The registered practitioner  who  fails to  apply for the  renewal  of his registration 
within  the  specified  period  may  apply  in  the  prescribed  form  along  with  late  fee  of 
rupees  one  hundred  per  month  or  part  thereof,  for  renewal  of the  registration; 

(c)  Every  registered  practitioner  who  has  obtained  the  renewed  certificate  of 
registration  under  clause  (a)  or  clause  (b),  shall  be  required  to  get  the  same  renewed 
every  five  years  thereafter,  on  payment  of  such  renewal  fees  or  late  fees,  as  the  State 
Government  may,  by  notification  in  the  Official  Gazette, specif' 

Provided  that,  such  person  shall,  not  less  than  two  months  prior  to  the  date  on 
which  the  registration  period  of  five  years  from  the  renewal  of the  registration  under 
clause  (a)  or  clause  (b)  expires,  make  an  application  in  the  prescribed  form  with 
the  requisite  fees  as  specified  under  this  clause,  for  the  renewal  of  his  certificate 
of registration; 

(cl)  The  Registrar  shall  on  registration  or  renewal  of  the  registration  certificate 
also  issue  to  such  practitioner an  identity  card  in  such  form  containig  such  particulars, 
as  may be  prescribed.] 

Appeals. 

24. 

(1)  Any  person  aggrieved  by  any  decision  of  the  Registrar  under  this 
Act  may,  within  a  period  of  one  month  from  the  date  on  which  the  decision  is 
communicated  to  him,  appeal  to  the  Council,  which  shall  hear  and  determine  the 
appeal  in  the  prescribed  manner. 

(2)  Save  as  otherwise  provided  in  the  Indian  Medical  Council  Act,  1956,  every  CII  of 
1956. 

decision  of the  Council  under  this  Act  shall  be  final. 

Rights  of 

registered  force - 

practitioners. 

25.  Notwithstanding  anything  contained  in  any  law  for  the  time  being  in 

(i) 

the  expression  "legally  qualified  medical  practitioner"  or  "duly  qualified 
medical  practitioner"  or  any  word  importing  a  person  recognised  by  law  as  a  medical 
practitioner  or  member  of  the  medical  profession  shall,  in  all  Acts  of  the  State 
Legislature  and  in  all  Central Acts  (in  their  application  to  the  State)  in  so  far  as  such 
Acts  relate  to  any  matters  specified  in  List  II  or  III  in  the  Seventh  Schedule  to  the 
Constitution  of  India,  include  a  practitioner  whose  name  is  entered  in  the  register 
under  this  Act; 

(ii)  every  registered  practitioner  shall  be  exempted,  if  he  so  desires,  from  serving  ii  of 
1974. 

on  an  inquest,  2[under the  Code  of Criminal  Procedure,  1973]. 

t  Section  23  was  substituted  by  Mah.  of  2004  s.  5. 
2  These  words  and  figures  were  substituted  for  the  words  "or  as  a  juror  under  the  Code  of  Criminal 

Procedure,  1898"  by  Mah.  12  of  1984,  s.  7. 

H  -  37 -3-B 

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1965: Mah. XLVI}  Maharashtra Medical  Council Act,  1965 

17 

General 

26.  The  provisions  of  this  Act  are  in  addition  to,  and  not  in  derogation  of,  ca  of  1956. 

provisions  the  provisions  of  the  Indian  Medical  Council  Act,  i 956,  and  of  Chapter  VI  of  the 

Maharashtra  Medical  Practitioners Act,  1.96 1 ,  containing  general  provisions  applicable  Mah. 

applicable to 
medical 

practitioners.  tO  all  medical  practitioners. 

XXVIII 
of  1961. 

CHAPTER IV. 

MISCELLANEOUS. 

Council 

27.  The  Council  shall  have  authority  to  call  on  the  governing  body or  authorities 
authorised  of any  Medical  College  or  School  and  on  any  examining  body  included  in  or  desirous 

information  of being  included  in  the  Schedule - 

and  attend 
examina- 
lions. 

(a) 

to  furnish  such  particulars  as  the  Council  shall  require  of  any  course  of 
study  prescribed  or  examination  held  by  such  body  or  authority  or  in  such  School 
or  College  with reference  ot  the  grant  of any  medical  or  surgical  qualification;  and 

( b) 

to  permit  such  person  or  persons  as  is  or  are,  in  the  opinion  of the  Council, 
specially  qualified  for the  purpose,  to  attend  and  be  present  at  any  such  examination. 

. 

28. 

(1) 

If it  shall  appear to  the  State  Government,  on  the  report of the  Council  Amendment 

or  otherwise,  that  the  course  fo  study  and  examinations prescribed  by  any  University, 
College,  body  or  institution,  conferring a  degree,  diploma,  licence  or  certificate  or  any 
other  like  award,  not  entered  in  the  Schedule  to  this Act  or  in  any  of the  Schedule  to 
CII  of  the  Indian  Medical  Council  Act,  1956,  is  such  as  to  secure  the  possession  by  persons 
i 956.  obtaining  such  degree, diploma,  licence,  certificate  or  award  of the  requisite  knowledge 
and  skill  for  the  efficient  practice  of thier  profession  as  medical  practitioners,  it  shall 
be  lawful  for  the  State  Government  from  time  to  time  by  notffication  in  the  Official 
Gazette,  to  amend  the  Schedule  and  to  direct  the  inclusion  therein  of  any  such 
qualification,  subject  to  such  conditions  (if  any)  as  may  be  specified  in  respect  of 
that  qualification. 

1h  d 

e  u  e. 

(2) 

If at any  time  it appears  to  the  State Government,  on  the  report of the  Council 
or  otherwise,  that  the  course  of  study  or  the  examinations  prescribed  by  any 
University,  College,  body  or  institution,  for  any  degree,  diploma,  licence,  certificate  or 
award,  which  is  included  in  the  Schedule  to  this  Act  are  not  such  as  to  secure  the 
possession  by  persons  obtaining  such  qualification  of  the  requisite  knowledge  and 
skill  for the  efficient practice  of  their  profession,  as  medical  practitioners  or  to  secure 
the  maintenance  of  an  adequate  standard  of proficiency  for  such  practice,  it  shall  be 
lawful  for  the  State  Government  from  time  to  time  to  direct  the  removal  of  any 
such  qualification  from  the  said  Schedule  or  to  impose  such  further  conditions 
therefor  as  it  deems  fit 

I  These  words  and  figures  were  substituted  for  the  words  "or  as  a  jurior  under  the  Code  of Criminal 

Procedure,  1898"  by  Mah.  12  of  1984,  s.  7. 

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18 

Maharashtra  Medical  Council Act,  1965  11965: Mah.  XLVI 

Provided that,  no  notification  for amendment  of the  Schedule  under  Sub-section  (1) 
or  Sub-section  (2)  shall  be  issued  by  the  State  Government,  without  consulting  the 
Council: 

Provided  further  that,  before  making  any  recommendation  to  the  State  Government 
under  this  section  to  remove  any  degree,  diploma,  licence,  certificate  or  award,  from 
the  Schedule,  the  Council  shall  require  the  University,  College,  body  or  institution  to 
take  such  steps  as  may  be  directed  by  the  Council,  and  within  such  reasonable  time 
as  the  Council  may  prescribe,  to  bring  the  course  of  study  or  examination  for  such 
degree,  diploma,  licence,  certificate  or  award, to  the  required  standard. 

29. 

If  any  person  whose  name  is  not  for  the  time  being  entered  in  the  register  Penalty  for 

falsely  represents  that  it  is  so  entered,  or  uses  in  connection  with  his  name  or  title  any  falsely 
words  or  letters  reasonably  calculated  to  suggest  that  his  name  is  so  entered,  he  shall, 
on  conviction,  be  punished  with  fine  which  may  extend  to  '[five  thousand  rupees]. 

ted 

30. 

(1)  The  State  Government  may,  by  notification  in  the  Official  Gazette,  and  Rules. 

subject  to  the  conditions  of previous  publication,  make  rules  to  cany  out  the  purposes 
of this  Act. 

(2) 

In  particular,  and  without  prejudice  to  the  generality  of the  forgoing  power, 

such  rules  may  provided  for  all  or  any  of the  following  matters,  namely 

(a)  Under section 3,  the  time, place  and manner  ofholding elections of members, 

the  President  and  Vice-president; 

(b)  Under section  8, the  manner of convening,  holding and  conducting meetings 

of the  Council; 

(c)  Under  section  1 0,  the  other  powers,  duties  and  functions  of the  Council; 

(d)  Under section  1  1  ,  the  number of members of the  Executive Committee,  their 
term  of  office,  the  manner  of filling  casual  vacancies,  the  procedure  to  be  followed 
and  the  other  powers,  duties  and  functions  of the  Committee; 

(e)  Under  section  12,  the  fees,  and  allowances  to  members; 

(t)  Under  section  14,  the  salary,  allowances  and  other  conditions  of  service  of 
the  Registrar,  the  manner  of  keeping  accounts  and  the  supervisory  powers  and 
other  duties  and  functions  of  the  Registrar; 

(g)  Under  section  1 5,  the  other  conditions  of  the  service  of the  starr  of  the 

Council; 

I  These  words  were  substituted  for  the  words  "five  hundred  rupees"  by  Mah.  5  of  2004,  s.  6. 

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1965 :  Mah.  XLVI]  Maharashtra  Medical  Council Act,  1965 

19 

(h)  under  section  1  6,  the  form  of  register,  the  parts  into  which  it  shall  be 
divided  and  the  other  particulars  it  shall  include,  the  forms  of  application  and  of 
general  and  individual  notices,  the  manner  of paying  fee  of ruppes  two,  the  form  of 
certificate  of registration; 

(i)  under  section  19,  the  form  of  application  for  provisional  registration  and 

of certificate  for  such  registration; 

(i)  under  section  20,  the  fee  for  recording  change  of  name  or  additional 

qualification  in  the  register  or  for  issue  of duplicate  certificate  of registration; 

(k)  under  section  21,  the  form  of list  of registered  practitioners,  the  particulars 

to  be  included  and  the  marmer of  its  publication; 

(1)  under  section  22, 

the  maimer  of holding  inquiries  and  the  conditions  and 
fee  payable  for re-entering  a  name  in  the  register  and  the  remuneration  to  be  paid  to 
an  assessor; 

(in)  under  section  23,  the  forms  of notices  and  of application  for  continuance 

of names  on  the  register; 

(n)  under  section  24,  the  manner  of  hearing  and  determining  appeal  by  the 

Council; 

(o) 

any  reasonable  fees  which  may  be  levied  by  the  Council  in  the  addition 

to  those  expressly  provided  for  in  this  Act; 

(p) 

any  other  matter  which  is  to  be  or  may  be  prescribed  under  this  Act; 

(q) 

the  furtherance  of  any  of the  objects  of  this Act. 

( 3)  Every  rule  made  under  this  section  shall  be  laid  as  soon  as  may  be  after  it  is 
made  before  each  House  of  the  State  Legislature  while  it  is  in  session  for  a  total 
period  of  thirty  days  which  may  be  comprised  in  one  session  or  in  two  successive 
sessions,  and  if,  before  the  expiry  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 
both  Houses  agree  that  the  rule  should  not  be  made,  the  rule  shall  from  the  date  of 
publication  of a  notification  in  the  Official  Gazette, of such  decision  have  effect  only 
in  such  modified  form  or  be  of  no  effect,  as  the  case  may  be;  so  however  that  any 
such  modification  or  annulment  shall  be  without  prejudice  to  the  validity  of  anything 
previously  done  or  omitted  to  be  done  under  that  rule. 

(1) 

31. 

If  at  any  time  it  appears  to  the  State  Government  that  the  Council  or 
Control 
of  State  its  President  or  Vice-president  has  failed  to  exercise  or  has  exceeded  or  abused  any 
Govern-  of  the  powers  conferred  upon  it  or.  him  by  or  under  this  Act,  or  has  ceased  to 
function,  or  has  become  incapable  of  functioning,  the  State  Government  may,  if  it 
considers  such  failure,  excess,  abuse  or  incapacity  to  be  of a  serious  character,  notif,' 
the  particulars  thereof  ot  the  Council  or  the  President  or  the  Vice-president,  as  the 

men  . 

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20 

Maharashtra Medical  Council Act,  1965  [1965:  Mah. XLVI 

case  may  be.  If  the  Council  or  the  President  or  the  Vice-president  fails  to  remedy 
such  failure,  excess,  abuse  or  incapacity  within  such  reasonable  time  as  the  State 
Government  may  fix  in  this  behalf,  the  State  Government  may  remove  the  President 
or  Vice-president or  dissolve  the  Council,  as  the  case  may  be,  and  in  case  of dissolution 
of  the  Council  cause  all  or  any  of  the  powers,  duties  and  functions  of  the  Council 
to  be  exercised,  performed  and  discharged  by  such  persons  and  for  such  period 
it  may  think  fit,  and  shall  take  steps  to  constitute  a 
not  exceeding  two  years,  as 
new Council 

'[Provided  that,  the  term  of the  office  of the  person  so  appointed  may  be  extended 
by  the  State  Government,  from  time  to  time,  beyond  the  period  of  two  years,  for 
a  period  not  exceeding  one  year  at  a  time,  after  recording  reasons  therefor,  so 
however  that,  the  total  period  shall  not  exceed  five  years  in  the  aggregate.] 

2[Provided  further  that,  notwithstanding  anything  contained  in  the  first  proviso, 
the  Administrator  holding  the  office  on  the  day  immediately  preceding  the  date  of 
Mah.  publication of the  Maharashtra  Medical  Council (Amendment)  Act,  2005  in  the  Official 
XXXIX  of  Gazette,  shall  continue  to  hold  office  as  such  Administrator  till  the  date  immediately 
2005.  preceding  the  date  on  which  the  President  elected,  after  the  constitution  of the  Council, 

enters  upon  his  office.] 

(2)  Notwithstanding anyting contained  in  this  Act,  or in  the  rules  made thereunder, 
if at any  time  it  appears  to  the  State  Government  that the  Council or  any  other  authority 
empowered  to  exercise  any  of the  powers  or  to  perform  any  of the  duties  or  functions 
under  this  Act,  has  not  been  validly  constituted  or  appointed,  the  State  Government 
may  cause  any  of  such  powers,  duties  or  functions  to  be  exercised  or  performed  by 
such  persons,  in  such  manner  and  for  such  period  not  exceeding  six  months  and 
subject  to  such  conditions,  as  it  thinks  fit. 

CHAPTER V. 

Repeal 
and 
Saving. 

REPEAL AND  TiNsITIoN 

(7)  Subject  to  the  provisions  of this  Chapter,  on  the  appointed  day, - 

PROVISIONS. 

32. 

(a)  The  Bombay  Medical  Act,  1912,  in  its  application  to  the  Bombay  area  of  Born.  VI 
of  1912. 

the  State; 

(b)  The  Central  Provinces  and  Berar  Medical  Registration  Act,  1916,  in  its  C.  P.  and 
Berar  I  of 
1916. 

application  to  the  Vidarbha  region  of the  State;  and 

(c)  The  Medical  Registration  Act,  in  its  application  to  the  Hyderabad  area  of  Hyd.  I  of 
1348  Fasli. 

the  State, 

shall  stand  repealed. 

(2)  Unless  the  State  Government  otherwise  directs,  any  rule  or  regulation  made 
under  any  of  the  Acts  repealed  by  Sub-section  (1)  shall  from  the  appointed  day  cease 
to  be  in  force. 

I  This  proviso  was  added  by  Mali.  19  of  2002,  s.  2. 
2  This  proviso  was  added  by  Mah.  39  of  2005,  s.  2. 

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Born.  VI  of 
1912. 

C.  R  and 
Berarlof 

M.  P.  XVIII 
of  1956. 

'JI 

1965:  Mah. XLVIJ  Maharashtra  Medical Council Act,  1965 

(3)  The  registers  kept  or  maintained  or  deemed  to  be  kept  or  maintained  under 
the Acts  so  repealed  which  are  in  force  immediately  before  the  appointed  day,  shall  be 
deemed  to  be  the  registers  prepared  under  this  Act,  until  the  register  prepared  under 
section  1 6  comes  into  force  under Sub-section  (6)  thereof. 

(4)  Anything  done  or  any  action  taken  (including  any  appointment  or  application 
made,  notification,  order  or  direction  issued  or  fee  levied  or  certificate  or  notice  given) 
under  any  of the  Acts  so  repealed  and  subsisting  immediately  before  the  appointed 
day  shall,  in  so  far  as  it  is  not  inconsistent  with  the  provisions  of this Act,  and  unless 
the  State  Government  otherwise  directs,  be  deemed  to  have  been  made,  issued,  levied 
or  given  under  the  relevant  provisions  of  this  Act,  and  be  in  force  accordingly,  unless 
and  until  superseded  by  anything  done  or  any  action  taken  under  this  Act. 

33. 

(1)  With  effect  from  the  appointed  day - 

Dissolution 
of Councils 

(a)  The  Medical  Council  constituted  under  Sub-section  (2A)  of  section  2A 

State;  and 

the  Bombay  Medical  Act,  1912,  in  its  application  to  the  Bombay  area  of  the  repealed 
Acts  and 
Constitution 
of  new 
(b)  The  Vidarbha  Medical  Council  constituted  under  section  5  of the  Central  Council. 

Provinces  and  Berar  Medical  Registration Act,  1916,  read  with  the  Madhya  Pradesh 
Statutory  Bodies  (Regional  Constitution)  Act,  1956, 

shall be  dissolved and  all  the  members of the  aforesaid  Councils shall  vacate  office. 

(2)  Notwithstanding  anything  contained  in  section  3,  the  State  Government  shall 
on  the  appointed  day,  by  a  notification  in  the  Official  Gazette, constitute  a  Council,  in 
the  maimer  specified  in  Sub-section  (3) of  section  3 

Provided  that,  the  members  to  be  elected  under  clauses  (b),  (c)  and  (d)  of  that 
Sub-section  shall  also  be  nominated  by  the  State  Government  from  among  the 
persons  qualified  to  be  elected  under  the  relevant  clause  of  that  Sub-section. 

(3)  The  President  and  the  Vice-president  of  the  Council  constituted  under  Sub- 
section  (2)  shall,  notwithstanding  anything  contained  in  Sub-section  (4)  of  section  3, 
be  nominated  by  the  State  Government. 

(4)  The  Council  constituted  under  this  section  shall  be  deemed  to  be  a  Council 
constituted  under  section  3  and  the  President,  Vice-president  and  the  members  of the 
Council  shall,  notwithstanding  anything contained  in  section  4,  hold  office  for  a  period 
of  three  years  from  the  date  of  publication  of  the  notification  under  Sub-section  (2) 
or  till  a  Council  is  duly  constituted  in  accordance  with  the  provisions  of  section  3, 
whichever is  earlier 

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Born.  VI 
of  1912. 

C.  P.  and 
Berar  1 

of 

XVIII 
of  1956. 

Maharashtra  Medical  Council Act,  1965  [1965:  Mah.  XLVI 

Provided  that,  the  period  of three years  may  be  extended  by  the  State  Government 
by  a  further  period  not  exceeding  one  year  at  a  time,  and  two  years  in  the  aggregate. 

(5) 

If  a  vacancy  previous  to  the  expiry  of  the  term  occurs  in  the  office  of the 
President,  the  Vice-president  or  a  member  of  the  Council  constituted  under  Sub- 
section  (2)  by  reason  of  death,  resignation,  removal  disqualification  or  disability  of 
such  President,  Vice-president  or  member  or  due  to  any  other  reason,  the  vacancy 
shall  be  filled  by  the  State  Government  by  nomination of any  other  person  qualified  to 
fill  the  vacancy  under  the  relevant  clause  of  Sub-section  (3)  of  section  3,  and  the 
person  so  nominated  shall  hold  office  for  the  unexpired  portion  of  the  term  of  the 
member  in  whose  place  he  is  nominated. 

34. 

(1)  The  Registrars  appointed  under 

(a) 

section  5  of the  Bombay  Medical Act,  1912;  and 

Provision 
regarding 
Registrars. 

(b) 

section  10  of the  Central  Provinces  and  B erar  Medical  Registration  Act, 
1916,  Read  with  the  Madhya  Pradesh  Statutory  Bodies  (Regional  Constitution) 
Act,  1956; 

and  holding  office  immediately  befor  the  appointed  day  shall  cease  to  hold  office, 

on  that  day. 

(2)  The  State  Government  shall,  notwithstanding  anything  contained  in  Sub- 
section  (1)  of  section  14,  on  the  appointed  day  appoint  the  Registrar  on  such  terms 
and  conditions  as  the  State  Government  may  determine 

Provided  that,  nothing  contained  in  this  section  shall  affect  the  powers  of  the 
Council to  fill  the  subsequent  vacancies  of Registrar  under Sub-section (1) of section  14. 

(3)  Any  Registrar  who  ceases  to  hold  office  under  Sub-section  (1)  and  who  is 
not  appointed  as  Registrar  under  Sub-section  (2)  shall  be  entitled  to  receive  from 
the  Council  such  provident  fund  and  gratuity  or  other  retirement  benefits  as  he 
would  have  been  entitled  to  receive,  if he  had retired  from  the  service  of the  respective 
dissolved  Council  and  such  additional  benefits  (if  any),  as  the  Council  may,  with  the 
previous  approval  of the  State  Government  sanction 

Provided  that,  if  no  provision  for  payment  of  any  provident  fund,  gratuity  or  any 
other retirement  benefit, was  made by  or under  the  relevant Act repealed  by  Sub-section 
(1)  of  section  32,  such  Registrar  shall  be  entitled  to  receive  from  the  Council  such 
reasonable  amount  by  way  of  compensation  as  the  Council  may  with  the  previous 
approval  of the  State  Government  determine. 

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1965  :  Mah. XLVIJ  Maharashtra Medical Council Act,  1965 

Vesting  of 

rights,  repugnant  in  the  subject  or  the  context - 

duties  etc. 

35.  Save  as  otherwise  provided  by  or  under  this  Act  and  unless  ther  is  anything 

(I) 

all  rights  of the  Medical  Councils  dissolved  under  section  33  (hereinafter  in 
this  section  referred  to  as  "the  dissolved  Councils")  shall  on  the  appointed  day  vest 
in  the  Council  constituted  under  section  33  (hereinafter  in  this  section  referred  to  as 
"the  Council "), 

(2) 

all  the  property  moveable  or  immoveable  which  on  the  day  immediately 
preceding  the  appointed  day  vested  in  the  dissolved  Councils  shall  subject  to  all 
limitations  as  were  in  force  on  the  day  immediately  preceding  the  appointed  day  vest 
in  the  Council. 

(3) 

all  sums  due  to  a  dissolved  Council  on  any  account,  shall  be  recoverable  by 
the  Council  which  shall  be  competent  to  take  any measure  or  institure  any  proceedings 
which  it  would  have  been  open  to  the  dissolved  Council  to  take  or  institute  if this 
Act  had  not  come  into  operation, 

(4) 

all  debts,  liabilities  and  obligations  incurred  by  or  on  behalf of  a  dissolved 
Council,  immediately  before  the  appointed  day  and  subsisting  on  the  said  day,  shall 
be  deemed  to  have  been  incurred  by  the  Council  in  exercise  of  the  powers  conferred 
on  it  by  this Act  and  shall  continue  in  operation  accordingly, 

(5) 

all proceedings  and matters pending before any authority or officer  immediately 
before  the  appointed  day  under  any  of  the  Acts  repealed  under  section  32  shall  be 
deemed  to  be  transferred  to  and  continued  before  the  corresponding  authority  under 
this  Act,  competent  to  entertain  such  proceedings  and  matters, 

(6) 

all  prosecutions  instituted  by  or  on  behalf of or  against  a  dissolved  Council 
and  all  suits  and  other  legal  proceedings  instituted  by  or  on  behalf  or  against  any 
dissolved  Council  or  any  officer  of  such  Council  on  behalf  of  the  dissolved  Council, 
pending  on  the  appointed  day,  shall  be  continued  by  or  against  the  Council, 

(7) 

all  officers  and  servants  other than  the  Registrar  of the  Medical  Council  dis- 
solved  under  clause  (a)  of Sub-section (1)  of section  33  and  officers  and  servants  other 
than  the  Registrar  of the  Vidarbha  Medical  Council  dissolved  under  clause  (b)  of  Sub- 
section  (1)  of  section  33  holding  office  immediately  before  the  appointed  day  shall 
be  deemed  to  be  the  officers  and  servants  appointed  to  serve  the  Council  and  shall, 
until  provision  is  otherwise  made  in  accordances  and  be  subject  to  the  conditions 
of  service  or  retirement  benefits  to  shich  they  were  entitled  to  or  subject  to  on  the 
day  immediately  preceding  the  appointed  day 

Provided  that,  the  service  rendered  by  such  officers  and  servants  before  the 

appointed  day  shall  be  deemed  to  be  service  rendered  under  the  Council 

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24 

Maharashtra  Medical  Council Act,  1965  11965:  Mah.  XLVI 

Provided  further that,  nothing  in  this  clause  shall  be  deemed to  prevent  the  Council, 
after  the  appointed  day,  from  passing  in  relation  to  any  such  officer  or  servant  any 
order  terminating  his  service  on  payment  of  such  reasonable  amount  by  way  of 
compensation as  it  may,  with the  previous approval  of the  State  Government,  determine. 

36. 

If  any  difficulty  arises  in  giving  effect  to  the  provisions  of  this  Act,  the  Power  to 
State  Government  may,  as  occasion  requires  but  not  later  than  two  years  from  the  remove 
appointed  day,  by  order  do  anything  which  appears  to  it  necessary  or  expedient  for  difficulties. 
the  purpose  of  removing  the  difficulty. 

THE SCHEDULE 
[Sections  16  (3),  27  and 28] 

The  qua1flcations  in  addition  to  those  specj,fìed  in  the  Schedules  to  the  Indian 
Medical  Council Act,  1956,  the  possession  of which  entitles  a  person for 
registration  under  this  Act. 

(1)  Fellowship  of the  College  of Physicians  and  Surgeons,  Bombay,  in  Medicine, 

Pathology,  Surgery or  Dermatology  granted  before  the  1  st  April,  1954. 

(2)  Fellowship  of  the  College  of  Physicians  and  Surgeons,  Bombay,  in  any 

subject  other  than  Medicine,  Pathology,  Surgery  or  Dermatology. 

(3)  Member  of  the  College  of  Physicians  and  Surgeons,  Bombay  (admitted 

before  the  30th April  1944). 

(4)  Ayurvidya  Visharad  of  the  Tilak  Maharashtra  Vidyapeeth  of  Poona,  during 

the  years  1921  to  1935  (both  inclusive). 

(5)  Fellow  and  Member  of the  State  Medical  Faculty  of the  Bengal  prior  to  the 

15th August  1947. 

(6)  Fellow  ofthe State Medical  Faculty ofWest Bengal on or after  lsthAugust 1947. 

(7)  Fellow  and  Members  of the  State  Medical  Faculty  Punjab. 

(8)  Diploma  in Allopathy (1)  ofthe National Medical  College or the National College 
of  Physicians  and  Surgeons  of  the  India,  Calcutta,  (2)  of  the  College  of  Physicians 
and  Surgeons  of  Calcutta,  and  (3)  of  the  International  College  of  Physicians  and 
Surgeons  of India,  Calcutta,  during  the  years  1912  to  1916  (both  inclusive). 

(9)  Licensed  Medical  Practitioner  of the  University  of Mysore. 

(IO)  Any  person  trained  in  a  Government  Medical  College  or  School  in  India 
who  holds  a  diploma  or  certificate  by  any  Government  in  India  directing  him  to 
be  qualified  to  practise  Medicine,  Surgery  and  Midwifery  or  to  be  qualified  for  the 
duties  of  a  Military  Assistant  Surgeon,  Hospital  Assistant  or  Sub-assistant  Surgeon. 

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25 

1965:  Mah. XLVII  Maharashtra Medical  Council Act,  1965 

Course  granted  by - 

(1])  A  diploma  or  certificate  of having  passed  the  medical  and  Health  Assistants 

(a)  The  Madhya Pradesh  Medical  Examination  Board,  or 

(b)  The Vidarbha Medical  Examination  Board. 

(12)  A  diploma in Medical  Practice granted by the Vidarbha  Medical Examination Board. 

(13)  Bachelor ofMedicine and Bachelor ofSurgery ofthe Marathwada University. 

(14)  Diploma  in  Medicine  and  Surgery  {"D.  M.  S.  (Madras)"]  of  the  Stanley 

Medical  College,  Madras. 

'[15.  Bachelor  of Medicine  and  Bachelor of Surgery  of the  Shivaji  University]. 

2116  Licensed  Medical  Practitioner's  Examination  (Nagpur)  (condensed  course 

of two  years)  obtained by  the  Medical  Practitioner  holding  D.  M.  R  Qualification]. 

3[17.  Diploma  in  Medicine  and  Surgery  (Rural)  [D.  M.  and  S  (Rural)]  granted  by 

the  Government  of Maharashtraj. 

[18.  Bachelor  of  Medicine  and  Bachelor  of  Surgery  (M.  B.  B.  S.)  granted 

by  Amravati  University (Maharashtra)  from  January  1989  onwards]. 

... 
... 
... 
... 
... 

L19.  D.  O.  M. S. 

D. D.  V. 
D.  D.  R.  L. 
D.  Ortho. 
T.  D.  D. 
D.  R  M. 
D.  M.  R.  E. 
D.  G R 
F.  C.  R  S. 
F.  C.  R  S. 
F.  C.  R  S. 
F.  C.  R  S. 

Diploma in  Ophthalmic Medicine  and Surgery. 
Diploma  in  Dermatology and Venereology. 
Diploma in  Oto-Rhino Laryngology. 
Diploma in  Orthopaedics. 
Diploma in  Tuberculosis  Diseases. 
Diploma in  Psychological Medicine. 
Diploma in  Medical Radiology and Electrology. 
Diploma in  General  Practice. 
Child Health. 
Dermatology and Venereology. 
Oto-rhinolarynigology. 
Anaesthesiology. 
The  Government of Maharashtra  further directs  that the  above  qualifications  should 
not  be  treated  as  conferring  recognised  Medical  qualifications  under  the  Indian  Medical 
CouncilAct,  1956.] 

... 
... 
... 
... 
... 
... 
. .. 

I  Entry  15  was  added  by  G.  N.,  U.  D.,  P.  H.  and  H.  D.,  No.  MMC/1067/57304/H,  dated  27th 
October  1967. 

2  Entry  16  was  added  by  G.  N.,  P.  H.  No.  MMC11067161276/P.  H-7,  dated 

the  13th 

September  1976.  M.  M.  G.,  1984,  Part  IV-B,  p.  1144. 

3  Entry  17  was  added  by  G.  N.  MED,  No.  MMC/1184/250/MED,  dated  the  16th  July  1984. 

M.  M.  G.,  1984,  Part  IV-B,  p.  985. 

4  Entry  18  was  added  by  G  N.,  M.  E.  D.  No.  MMCIIO89  CR-77/89-MED-8,  dated  the  6th  July 

1989.  M.  G.  G,  1989,  Part  1V-B,  p.  978. 

5  Entiy  19  was  added  by  G.  N.,  M.  E.  D.  No.  MMC/1096/l 1  1/96/Act,  dated  the  19th  September  1997. 

M.  G.  G,  1997,  Part  IV-B,  B.  Extraordinary,  p-  294. 

H  -  37  -5-F 

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Maharashtra  Medical  Council Act,  1965  11965:  Mah. XLVI 

'120.  Following  Qualifications  awarded  by  the  Mumbai  University,  Mumbai  and 

the  Maharashtra  University  of Health  Sciences,  Nashik  :- 

Name  of the  College 
(I) 

Grant Medical College, 
Byculla,  Mumbai. 

Seth G.  S.  Medical 

College,  Parel, 
Mumbai. 

Lokmanya  Tilak 
Municipal Medical 
College,  Sion, 
Mumbai. 

Topiwala National 
Medical College, 
Mumbai. 

Qualifications 

(2) 

(/)  Doctor  of Medicine  (Physiology) 
(2)  Doctor of Medicine  (Preventive  and  Social  Medicine) 
(3)  Doctor  of Medicine  (Psychiatry) 
(4)  Doctor of Medicine  (Skin  and  Venereal  Diseases) 
(5)  Doctor  of Medicine  (Radiology/Radio  diagnosis) 
(6)  Diploma  in  Forensic  Medicine  (D.  F.  M.) 
(7)  Diploma  in  Public Health (D.  R  H.) 
(8)  Diploma  in  Child  Health (D.  C. H.) 
(9)  Diploma  in  Obstetrics and  Gynaecology (D.  G.  O.) 
(10)  Diploma  in  Psycological medicine (D.  R  M.) 
(11)  Diploma  in  Venercology  and  Dermatology  (D.  V.  D.) 

(1)  Doctor of Medicine (Preventive  and  Social  Medicine) 
(2)  Diploma  in  Child Health (D.  C. H.) 
(3)  Diploma  in  Diabetology  (D.  D.) 
(4)  Diploma  in  Obstetrics and  Gynaecology (D.  G.  O.) 

(1)  Doctor  of Medicine  (Chest  and  TB  Disease) 
(2)  Diploma  in  Child  Health (D.  C.  H.) 
(3)  Diploma  in  Ophthalmology  (D.  Opthal) 
(4)  Diploma  in  Otorhinolaryngology  (D.  O.  R.  L.) 

(i)  Docotor  of Medicine (Forensic  Medicine) 
(2)  Doctor of Medicine (Preventive  and  Social Medicine) 
(3)  Doctor of medicine  (Radiology/Radio  Diagnosis) 
(4)  Diploma  in  Forensic  Medicine  (D.  F.  M.) 
(5)  Diploma  in  Child  Health  (D. C.  H.) 
(6)  Diploma  in  diabetology (D.  D.) 
(7)  Diploma  in  Obstetrics and  Gynaecology (D.  G.  O.) 

Entries  20  to  26  were  added  by  G  N.,  M.  E.  &  D.  D.  No.  MED.  1006/CR-87/06/EDU-2.  dated 
the  16th  November  2007,  MGG,  dated  the  16th  November  2007,  Part  IV-B,  pages  1732-1736. 

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1965:  Mah. XLVI]  Maharashtra  Medical Council Act,  1965 

27 

Qualifications 

(2) 

(1)  Doctor of Medicine  (Radiology/Radio  Diagnosis) 
(2)  Diploma  in  Radiology/Radio Diagnosis  (D.  M.  R.  D.) 

(I)  Doctor of Medicine (General  Medicine) 
(2)  Doctor of Medicine  (Pediatrics) 
(3)  Doctor  of Medicine  (Anesthesiology) 
(4)  Doctor  of Medicine  (Radio  Diagnosis) 
(5)  Doctor of Medicine  (Pathology) 
(6)  Master of  Surgery  (Obstetrics  & Gynecology) 
( 7)  Master  of Surgery  (General  Surgery) 
(8)  Master of  Surgery  (Orthopedics) 
(9)  Master  of Surgery  (Ophthalmology)] 

Doctor of Medicine  (General Medicine).] 

Name  of the  College 
(1) 

'[Tata memorial 
Hospital,  Parel 
Mumbai. 

Bombay Hospital, 
Marine  Lines, 
Mumbai 400  008. 

2[K.  J.  Somaiya 
Medical  College  and 
Research  Centre, 
Mumbai. 

21.  Following  Qualifications  awarded  by  the  Pune  University,  Pune  and  the 

Maharashtra  University  of  Health  Sciences,  Nashik  :- 

Name  of the  College 

(1) 

Qualifications 
(2) 

B. J.  Medical College, 
Pune. 

(1)  Doctor of Medicine  (Biochemistry) 
(2)  Master  of Surgery  (Ophthalmology) 

(1)  Diploma  in  orthopedics  (D.  Ortho.)] 

9[Sancheti  Institute 
of Orthopedics 
& Rehabilitations, 
Pune. 

I  Entries  20  to  22  were  amended  by  GN,  MEDD,  No.  MED.  1006/CR-87  Extraordinary  1061/ 
EDU-2,  dated  the  18th  December  2008,  MGG,  dated  the  18th  December  2008.,  Part  IV-B, 
pages  1391-1392. 

2  Entries  20  was  amended  by  GN.  MED  &  D,  No.  MED-IOO9ICR-37/09/EDU-2,  dated  the 
4th  November  2009,  MGG,  dated  the  6th  November  2009,  Part  IV-B,  Extraordinary,  page  3. 

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28 

Maharashira Medical  Council Act,  1965  11965:  Mah.  XLVI 

22.  Following  Qualifications  awarded  by  the  Shivaji  University,  Kolhapur  and 

the  Maharashtra  University  of Health  Sciences, Nashik  :- 

Name  of the  College 
(1) 

Dr.  Vaishampayan 
Memorial Medical 

College,  Solapur. 

'°[Sanjeevan  Medical 
Foundation, 
E.  N.  T.  Postgraduate 
Institute,  Miraj, 
Dist.  Sangli. 

Name  of the  College 
(1) 

Government  Medical 
College Miraj. 

Qualifications 
(2) 

(I)  Doctor of Medicine  (Preventive  and  Social Medicine) 
(2)  Doctor of Medicine  (Paediatrics) 
(3)  Doctor of Medicine  (Radiology/Radio  Diagnosis) 
(4)  Master of Surgery  in  Ear,  Nose  and  Throat  (E.  N.  T) 
(5)  Master of  Surgery  (Ophthalmology) 
(6)  Master  of Surgery  (Orthopaedics) 
(7)  Diploma  in  Public  Health  (D.  P.  H.) 
(8)  Diploma  in  Child Health (D.  C.  H.) 
(9)  Diploma  in  Ophthalmology (D.  Opthal) 
(IO)  Diploma  in  Otorhinolaryngology  (D.  O.  R.  L.) 
(Il)  Diploma  in  Orthopaedics (D.  Ortho.) 
(12)  Diploma  in  Medical  Radio Diagnosis  (D.  M.  R.  D.) 

(1)  Master  of Surgery  in  Ear,  Nose  &  Throat  (E.  N.  T.) 

(2)  Diploma in  Surgery in  Ear,  Nose & Throat (D. O.  R.  L.)] 

Qualifications 

(2) 

(I)  Doctor of Medicine  (Microbiology) 
(2)  Doctor of Medicine  (Pharmacology) 
(3)  Doctor of Medicine  (Preventive  and  Social Medicine) 
(4)  Doctor  of  Medicine  (Anesthesiology) 
(5)  Doctor  of Medicine  (Obstetrics  and  Gynaecology) 
(6)  Master  in  Surgery  (Ophthalmology.) 
(7)  Diploma  in  Public  Health (D.  P.  H.) 
(8)  Diploma  in  Anesthesiology  (D.  A.) 
(9)  Diploma  in  Child Health (D.  C.  H.) 
(10)  Diploma  in  Obstetrics  and Gynaecology (D.  G.  O.) 
(11)  Diploma  in  Ophthalmology (D.  Opthal) 

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1965: Mah. XLVIJ  Maharashtra Medical  Council Act,  1965 

23.  Following  Qualifications  awarded  by  the  Rashtriya  Santa  Tukadoji  Maharaj 
University, Nagpur  (its  earlier name  "Nagpur  University, Nagpur")  and  the  Maharashtra 

University of Health  Sciences, Nashik  :  - 

Name of the  College 
(1) 

Government Medical 
College, 
Nagpur 440 003. 

Indira Gandhi 
Government 
Medical College, 
Nagpur 440 01 8. 

Qualifications 
(2) 

(1)  Doctor of Medicine  (Biochemistry) 
(2)  Master of  Surgery  (Orthopaedics) 
(3)  Diploma in  Public Health  (D. P.  H.) 

. 

(J)  Master  of  Surgery  (Anatomy) 
(2)  Doctor  of Medicine  (Biochemistry) 
(3)  Doctor  of Medicine  (Physiology) 
(4)  Doctor  of Medicine  (Pharmacology) 
(5)  Doctor of Medicine (Preventive and  Social  Medicine) 
(6)  Doctor  of Medicine  (Anesthesiology) 
(7)  Doctor  of Medicine  (General Medicine) 
(8)  Doctor  of Medicine  (Paediatrics) 
(9)  Doctor  of Medicine  (Radiology/Radio  Diagnosis) 
(10)  Doctor  of Medicine  (Obstetrics  and  Gynaecology) 
(11)  Master  of Surgery in  Ear,  Nose  and  Throat  (E.  N.  T.) 
(12)  Master  of Surgery  (General  Surgery) 
(13)  Master  in  Surgery (Ophthalmology) 
(14)  Master  of  Surgery  (Orthopaedics) 
(15)  Diploma  in  Anesthesiology  (D.  A.) 
(16)  Diploma  in Child Health (D.  C.  H.) 
(17)  Diploma  in  Obstetrics and  Gynaecology (D.  (i  O.) 
(18)  Diploma  in  Ophthalmology (D. Opthal) 
(19)  Diploma in  Otorhinolaryngology (D.  O.  R.  L.) 
(20)  Diploma in  Medical  Radio Diagnosis (D.  M.  R.  D.) 

24.  Following  Qualifications  awarded  by the  Sant Gadgebaba Amravati University, 
Amravati  (its  earlier  name  "Amravati  University,  Amravati")  and  the  Maharashtra 

University of Health  Sciences, Nashik  :  - 

Name of the College 
(1) 

Shri.  Vasantrao Naik 
Government Medical 

College, 
Yavatmal 445  005. 

Qualifications 
(2) 

(1)  Doctor of Medicine  (Paediatrics) 
(2)  Master of  Surgery  (Ophthalmology) 

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30 

Maharashtra Medical  Council Act,  1965  1965  :  Mah.  XLVII 

25.  Following Qualifications  awarded by the  Dr.  Babasaheb Ambedkar Marathwada 
University,  Aurangabad  (its  earlier  name  "Marathwada  University,  Aurangabad")  and 

the  Maharashtra  University  of Health  Sciences,  Nashik  :  - 

Name  of the  College 
(1) 

Qualifications 
(2) 

Government Medical 

College, 
Aurangabad 431  001. 

(1)  Doctor of Medicine  (Radiology/Radio  Diagnosis) 
(2)  Diploma  in  Otorhinolaryngology  (D.  O.  R.  L.) 
(3)  Diploma  in  Medical Radio  Diagnosis  (D.  M.  R.  D.) 

26.  Following Qualifications  awarded by the  Swami Ramanand Teerth  Marathwada 

University,  Nanded  and  the  Maharashtra  University of Health  Sciences, Nashik  - 

Name of the  College 
(1) 

Government Medical 

College, 
Nanded 431  601. 

Qualifications 
(2) 

(I)  Doctor  of Medicine  (Microbiology) 
(2)  Doctor of Medicine  (Pathology) 
(3)  Doctor of Medicine (Preventive  and  Social Medicine) 
(4)  Doctor of Medicine  (General  Medicine) 
(5)  Doctor of Medicine  (Chest  and  TB  Disease) 
(6)  Doctor  of Medicine  (Obstetrics  and  Gynaecology) 
(7)  Master of Surgery  in  Ear,  Nose and  Throat  (E.  N.  T.) 
(8)  Master of Surgery  (General  Surgery) 
(9)  Master  of  Surgery  (Orthopaedics) 
(10)  Diploma  in  Obstetrics  and  Gynaecology  (D.  G.  O.) 

Swami  Ramanand 

Teerth  Rural  Medical 

College, 
Ambajogai  431  517. 

(1)  Doctor of Medicine  (Biochemistry) 
(2)  Doctor of Medicine (Microbiology) 
(3)  Doctor of Medicine (General  Medicine) 
(4)  Doctor of Medicine  (Paediatrics) 
(5)  Master of Surgery  (General  Surgery) 
(6)  Master  of  Surgery  (Ophthalmology) 
(7)  Diploma  in  Child Health  (D.  C.  H.) 
(8)  Diploma  in  Ophthalmology (D.  Opthal).J 

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[1965  :  Mah. XLVI  Maharashtra  Medical  Council Act,  1965 

31 

'[27.  The  Following  Courses  of  Study  and  Examinations  prescribed  by  the 
College  of  Physicians  and  Surgeons  of  Mumbai,  a  society  registered  under  the 
Societies  Registration Act,  i 860,  namèly  :- 

(1)  Fellowship  of  College  of  Physicians  and  Surgeons  in  Medicine  [F.  C.  P.  S. 

(Medicine)], 

(2)  Fellowship  of  College  of  Physicians  and  Surgeons  in  Surgery  [F.  C.  P.  5. 

(Surgery).] 

(3)  Fellowship  of College  of Physicians  and  Surgeons  in  Midwifery  and  Gynaec 

[F.  C.  R  S.  (Midwifery and  Gynaec).], 

(4)  Diploma  in Gynaecology  and  Obstetrics  (D.  G.  O.), 

(5)  Diploma  in  Child Health  (D. C.  H.), 

(6)  Diploma  in  Pathology and  Bacteriology  (D.  P.  B.), 

(7)  Diploma  in  Public Health (D.  P.  H.), 

(8)  Diploma  in  Family Planning  (D.  F.  R), 

(9)  Diploma  in Anaesthesiology  (D.  A.), 

(JO)  Diploma  in  Transfusion  Medicine (D.  T.  M.  H.), 

(li)  Diploma  in  Tropical  Medicine  and  Health  (D.  T.  M.  and  H.), 

The  Government  of  Maharashtra  further  directs  taht  the  above  qualifications 
should  not  be  treated  as  conferring  recognised  Medical  qualifications  under  the 
Indian  Medical Council Act,  1956.] 

2128.  Registered practitioner as defined in Clause (16) of section 2  of the Maharashtra 
Homoeopathic  Practitioner's  Act  who  have  passed  the  Certificate  Course  in  Modern 
Pharmacology  approved  by  the  State  Government.] 

Entry  27  was  added  by  GN,  M.  E.  D.  &  D,  No.  P.  G.  M.  1O1O/CR-18  (Part-2)/1O/E.  D.  U-2, 
dated  the  12th  March  2010,  M.  G.  G.,  dated  the  12th  March  2010,  Part  IV-B  Extraordinary, 
Pages  3-4. 

2  Entry  28  was  added  by  Mah.  19  of 2014,  s.  s. 

PRINTED  AT  THE  GOVERNMENT  PRESS,  WAI. 

G.  P.  Wai-33  Pages  4,740  Bks._052017_H37* 

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Maharashtra Government Publications 
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