BENGAL MEDICAL ACT, 1914
(1) This Act may be called the Bengal Medical Act, 1914;
(2) It extends to the whole of 44. Words subs. for the word "Bengal" by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [West Bengal]; and
(3) It shall come into force on the day on which it is published in the 55. Words subs. for the words "Calcutta Gazette" by the Government of India (Adaptation of Indian Laws) Order, 19.37. [Official Gazette] after having received the assent of the Governor General:
Provided that section 29, section 30 and section 31 shall not come into force until a date to be appointed in this behalf by the 6 [State Government] by notification in th
77. Words subs. for the words "In this Act " by W.B. Act 16 of 1954. [In this Act, unless there is anything repugnant in the subject or context, ] 88. Clause (a) om. by W.B. Act 16 of 1954. * * * * *
(b) the expression "the Council" means the Council established under section 3; 99. Word "and" om. by W.B. Act 16 of 1954. * *
1010. Clauses (bl), (d) and (e) ins. by W.B. Act 16 of 1954. (bl) the expression "medicine" means modern scientific medicine and includes surgery and obstetrics, but does not include veterinary medicine or veterinary surgery or the Homoeopathic, the Ayurvedic or the Unani system of medicine; and the expression "medical" shall be construed accordingly;
(c) the expression "register
A Council shall be established and called 12["the West Bengal Medical Council"]; and such Council shall be a body corporate and have perpetual succession and a common seal, and shall by the said name sue and be sued.
1313. Sec. 4 subs. by W.B. Act 16 of 1954.
1414. Sub-sec. (1) subs. by W.B Act 36 of 1989, which was earlier as under: "(1) The Council shall consist of the following members, namely: (a) four members to be nominated by the State Government; (b) two members to the elected by and from among the members of the Faculty of Medicine of the University of Calcutta; (c) two members to be elected by and from among the members of the Governing Body of the State Medical Faculty of West Bengal so long as that body continues to hold qualifying examinations in medicine; (d) two members to be elected by and from among themselves by the Principals. Professors. Associate Professors, Assistant Professors, Lecturers and Readers in Medical Colleges affiliated to the University of Calcutta and Visiting Surgeons and Visiting Physicians having independent charge of beds in the hospitals attached to such
If any of the electoral bodies referred to in 1515. Words, figures, letters and brackets subs. for the words, figure, letters and brackets "clauses (c) to (h) of section 4" by W.B. Act 16 of 1954. [clauses (b) to (e) of sub-section (1) of section 4] does not, by such date as may be prescribed by rule made in that behalf under section 33, elect a person to be a member of the Council, the 16[State Government] shall nominate a znember in his place : and any person so nominated shall be deemed to be a member as if he had been duly elected by such body.
A person shall' be disqualified for being elected or nominated a member of the Council if he
(a) is not registered under this Act; or
(b) has been sentenced by any Court for any non-bailable offence, such sentence not having been subsequently reversed or quashed, and such person's disqualification on account of such sentence not having been removed by an order which the 1616. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937, then again the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] 1717. Word subs. for the word "are" by the Government of India (Adaptation of Indian Laws) Order, 1937. [is] hereby empowered to make, if 1818. Words subs. for t
The name of every member elected or nominated 2323. Words, figures and brackets subs. for the words and figure "under section 4" by W.B. Act 16 of 1954. [under sub-section (1) of section 4] or section 5 shall be published by the 1616. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937, then again the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] in the 2424. Words subs. for the words "Calcutta Gazette" by the Government of India (Adaptation of Indian Laws) Order, 1937. [Official Gazette].
The Council may permit any member to absent himself from meetings of the Council for any period not exceeding six months.
(1) A member of the Council shall be deemed to have vacated his seat
(a) on his absence without excuse sufficient in the opinion of the Council from three consecutive meetings of the Council, or
(b) on his absence out of India for any period exceeding six consecutive months, or
(c) on his becoming disqualified for election or nomination as a member for any of the reasons mentioned in section 6, 25[or]
2626. Clauses (d) and (e) ins. by W.B. Act 16 of 1954. (d) on his name being removed under clause (a) of section 25 from the register of registered practitioners, or
2626. Clauses (d) and (e) ins. by W.B. Act 16 of 1954. (e) on his qualifying degree or diploma
2828. Sec. 10 subs. by W.B. Act 16 of 1954.
(1) When the office of a member of the Council becomes vacant by his resignation or death or under subsection (2) of section 4 or sub-section (1) of section 9,
(a) if such member was nominated under clause (a) of sub-section (1) of section 4, a new member shall be nominated by the State Government within two months of the vacancy;
(b) if such member was elected under clause (b), clause (c) 29lor clause(g)] of sub-section (1) of section 4, a new member shall be elected within two months of the vacancy in the manner provided in such clause;
(c) if such member was elected under 30|clause (h)] of sub-section (1) of section 4, the candidate who secured at the ele
Sub-sec. (1) subs. by W.B. Act 16 of 1954. (1)The term of office of a member of the Council nominated or elected under section 4 or nominated under section 5 shall commence on such date as may be notified in this behalf by the State Government in the Official Gazette.
3434. Sub-sec. (2) subs. by W.B. Act 16 of 1954. (2) Subject to the provisions of section 9 and section 10, the term of office of members shall be five years plus such period as may elapse between the period of five years aforementioned and the date notified in the notification under sub-section (1) next following such period of five years.
(3) Any member shall, if not disqualified for any of the reasons mentioned in section 6, be eligible for re-election or re-nomination at the en
Secs. 11A, 11B and 11C ins. by W.B. Act 16 of 1954.
(1) The members of the Council shall, at their first meeting after the notification referred to in sub-section (1) of section 11, recommend in such manner as may be prescribed by rule made in this behalf under section 33, the names of three persons for the purpose of this sub-section; and the State Government shall nominate one of such persons to be the President of the Council.
(2) The President, if he is not already a member of the Council, shall be a member of the Council in addition to the members referred to in section 4.
(3) The State Government shall publish the name of the President in the Official Gazette and his term of office shall commen
Secs. 11A, 11B and 11C ins. by W.B. Act 16 of 1954.
(1) The members of the Council shall at their first meeting after the notification referred to in sub-section (1) of section 11, elect among themselves a Vice-President in such manner as may be prescribed by rule made in this behalf under section 33.
(2) A Vice-President
(a) may at any time by writing under his hand addressed to the State Government resign his office,
(b) shall be deemed to vacate his office if he ceases to be a member of the Council.
(3) As often as the office of the Vice-President becomes vacant
Secs. 11A. 11B and 11C ins. by W.B. Act 16 of 1954.
(1) The members of the Council shall constitute among themselves the Executive Committee to perform such functions as may be delegated to it by the Council.
(2) The Executive Committee shall consist of the President and the Vice-President, ex-officio, and five other members elected by the Council.
(3) The President and the Vice-President of the Council shall be the President and the Vice-President, respectively, of the Executive Committee.
(4) The term of office of an elected member of the Executive Committee shall be two years from the date of his election b
(1) The Council shall make regulations to regulate
(a) the times and places at which their meetings shall be held,
(b) the issue of notices convening such meetings, 3737. Word "and" om. by Ben. Act 3 of 1928. * *
(c) the conduct of business thereat 3838. Word "and" with clause (d) ins. by Ben. Act 3 of 1928. [, and
(d) the appointment, powers and duties and procedure of special committees including special committees appointed under sub-section (2) of section 19:]
Provided that
(i) no business shall be transacted at any meeting 3939. Words ins. by Ben. Act 3 of 1928. [of the Council] unless a 4040. Words subs. f
There shall be paid to the members of the Council such fees for attendance at meetings of the Council 4141. Words ins. by Ben. Act 3 of 1928. [or of special committee] 4242. Words ins. by W.B. Act 16 of 1954. [or of the executive committee], and such reasonable travelling expenses 4343. Words ins. by Ben. Act 3 of 1928. [for such attendance and for journeys undertaken in the discharge of their duties under this Act], as may from time to time be allowed by the Council and approved by the 4444. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937, then again the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government].
(1)With the previous sanction of the 4444. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937, then again the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government], the Council
(a) shall appoint a Registrar,
(b) may grant leave to such Registrar and appoint a person to act in his place, and
(c) shall pay to the Registrar and to the person (if any) appointed to act in his place such salary and such allowances (if any) as the Council may determine.
(2) The Council may appoint such other officers and such clerks and serva
(1) The Council shall, as soon as conveniently may be after the commencement of this Act and from time to time as occasion may require, make orders for regulating the maintenance of a register of registered practitioners.
(2) The said register shall be kept in such form as may be prescribed by rule made under section 33.
(1) The Registrar shall, keep the register of registered practitioners in accordance with the provisions of this Act and of any orders made by the Council, and shall from time to time make all necessary alterations in the registered addresses or appointments, and the registered qualifications 45* * * * *, of such practitioners and erase the names of any practitioners who have died.
(2) To enable the Registrar to fulfil the duties imposed upon him by subsection (1), he may send through the post a letter to any registered practitioner, addressed to him according to his registered address or appointment, to inquire whether he has ceased to practise or whether his residence or appointment has been changed;' and if no answer to any such letter is received within a period of six months from its despatch, the Registrar may erase the name of s
Words subs. for the words "Every person referred to in the Schedule" by W.B. Act 16 of 1954. [Every person who possesses any of the qualifications referred to in the schedule] shall, subject to the provisions hereinafter contained, and on payment of such fee as may be prescribed in this behalf by regulation made under section 33, be entitled to have his name entered in the register of registered practitioners:
Provided that the Council may refuse to permit the registration of the name of any person
(a) who has been sentenced by any Court for any non-bailable offence, such sentence not having been subsequently reversed or quashed, and such person's disqualification on account of such sentence not having been removed by an order which the 4747. Words "Provincial Government" first subs. for t
If the Council are satisfied
(a)that any 5050. Words "title granted or" om. by W.B. Act 16 of 1954. * * * * * qualification certified by any University, 5151. Words ins. by W.B. Act 16 of 1954. [within India] is a sufficient guarantee that persons possessing such 5252. Words "title or" om. by W.B. Act 16 of 1954. * * * * qualification possess the knowledge and skill requisite for the efficient practice of medicine 5353. Words "surgery and midwifery" om. by W.B. Act 16 of 1954. * * * *, or
(b) that any 5454. Words and figure subs. for the words and figure "title or qualification referred to in Article 3" by W.B. Act 16 of 1954. [qualification referred to in Article 2] of the schedule is not a sufficient guarantee as aforesaid, they may make a report to that effect to the 5555. Words "Provinc
Sec. 19 renumbered as sub-sec. (1) and sub-sec. (2) ins. by Ben. Act 3 of 1928. (l) The Council shall have power to call on the 6060. Words subs. for the words "governing body or authorities of any Medical College or School" by W.B. Act 16 of 1954. [authorities of any examining body] included in or desirous of being included in the schedule
(a) to furnish such reports, returns or other information as the Council may require to enable them to judge of the 60a60a. Words subs. for the words "efficiency of the institution given therein in medicine, surgery and midwifery" by W.B. Act 16 of 1954. [standard of the examinations held by such body and of the efficiency of the instruction given in the Medical Colleges or Schools or Institutions
(b) to provide facilities to enable any member of the Co
Every person who applies to have his name entered in the register of registered practitioners
(a) must satisfy the Registrar that he is possessed of some 6464. Words "title or" om. by W.B. Act 16 of 1954. * * * * * qualification referred to in the schedule as altered by notifications (if any) issued under section 18; and
(b)6565. Clause (b) om. by W.B. Act 16 of 1954. * * * * * * *
(c) 66* * * * must correctly inform the Registrar of the dates on which he obtained the 64* * qualifications which entitle him to claim registration under this Act.
Sec. 21 subs. by W.B. Act 16 of 1954.
(1) If any person whose name is entered in the register of registered practitioners obtains any medical qualification other than the qualification in respect of which he has been registered, he shall on payment of such fee as may be prescribed by regulation made in this behalf under section 33,
(i) if such qualification be a qualification included in the schedule, be entitled to have such qualification entered against his name in the register either in substitution for or in addition to any entry previously made;
(ii). if such qualification be a qualification not included in the schedule, be entitled to have such qualification entered against his name in the register as an additional qualification, provided
All fees received by the Council under this Act shall be applied for the purposes of this Act, in accordance with such rules as may be made by the 6868. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937, then again the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] under section 33.
If any person is dissatisfied with any decision of the Registrar, refusing to enter the name 6969. Words "or any title" om. by W.B. Act 16 of 1954. * * * or qualification of such person in the register of registered practitioners, he may at any time within three months from the date of such decision, appeal to the Council, whose decision shall be final.
Any entry in the register of registered practitioners which is proved to the satisfaction of the Council to have been fraudulently or incorrectly made, may be erased under an order in writing of the Council.
The Council may direct
(a) that the name of any registered practitioner
(i) who has been sentenced by any Court for any non-bailable offence, such sentence not having been subsequently reversed or quashed, and such person's disqualification on account of such sentence not having been removed by an order which the 68[State Government] 7070. Word subs. for the word "are" by the Government of India (Adaptation of Indian Laws) Order, 1937. [is] hereby empowered to make, if 7171. Words subs. for the words "they think" by the Government of India (Adaptation of Indian Laws) Order, 1937. [it thinks] fit, in this behalf; or
(ii) whom the Council, after due enquiry 7272. Words, figures, letter and brackets subs. for the words "as provided in clause (b) of
Sec. 25A ins. by W.B. Act 16 of 1954.
(1) A registered practitioner whose name has been removed from the register under clause
(a) of section 25 shall forthwith surrender his certificate of registration to the Registrar, and the name so removed shall be published in the Official Gazette.
(2) If the name of a registered practitioner removed under clause (a) of section 25 is afterwards re-entered in the register as provided in clause (b) of that section the fact of such re-entry shall be published in the Official Gazette and the certificate of registration shall be returned to the registered practitioner by whom it was surrendered.
(1) An appeal shall lie to the 7575. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937, then again the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] from every decision of the Council under section 17 or section 25.
(2) Every appeal under sub-section (1) shall be preferred within three months from the date of such decision.
No suit or other legal proceeding shall lie in respect of any act done in the exercise of any power conferred by this Act on the 7575. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937, then again the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] or the Council 7676. Words ins. by Ben. Act 3 of 1928. [or any Committee of the Council] or the Registrar.
(1) Every Registrar of Deaths who receives notice of the death of any person whose name he knows to be entered in the register of registered practitioners shall forthwith transmit by post to the Registrar of the Council a certificate of such death, signed by him and stating particulars of the time and place of death.
(2) On receipt of
(a) any such certificate, or
(b) any other reliable information regarding such death, the Registrar of the Council shall erase the name of the deceased person from the register.
If any person whose name is not entered in the register of registered practitioners falsely pretends that it is so entered, or uses in connection with his name or title any words or letters 77[or number] representing that his name is so entered, he shall, whether any person is actually deceived by such representation or not, be punishable, on conviction by a Presidency Magistrate or a Magistrate of the first class, 78[with imprisonment which may extend to six months or with fine which may extend to five hundred rupees].
Sec. 29A ins. by W.B. Act 16 of 1954.
(1) If any registered practitioner whose name has been removed from the register under clause (a) of section 25 fails without sufficient cause forthwith
(2) Cognizance of an offence punishable under this section shall not be taken except upon complaint made by an order of the council
The expression "legally qualified medical practitioner," or "duly qualified medical practitioner," and all other expressions importing a person recognised by law as a medical practitioner or a member of the medical profession, as used in any 8080. Words "Central or Provincial Act in force in West Bengal" first subs, for the words "Bengal Act or any Act of Central Legislature in force in Bengal" by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. then the words "Central, Provincial or State Act" subs, for the words "Central or Provincial Act" by the Adaptation of Laws Order, 1950. [Central, Provincial or State Act in force in West Bengal] shall be deemed to mean a medical practitioner registered under 8181. Words "the Medical Acts or" om. by W.B. Act 16 of of 1954. * * * this Act; and no certificate required to be given by any medical practitioner or medical officer under any 8080. Words "Central or
Sec. 31 subs, by W.B. Act 16 of 1954.
(1) No person other than a registered practitioner shall be competent to hold appointment as a physician, surgeon, obstetrician or other medical officer in any hospital (including a lying-in-hospital), asylum, infirmary, dispensary or other similar institution, which is supported entirely or partially by funds supplied by the State Government or by a local authority.
(2) Any appointment made in contravention of sub-section (1) shall be void and illegal.
(1) The Registrar shall, 8484. Words subs, for the words "in every year" by W.B. Act 16 of 1954. [after the expiry of every period of three years], on or before a date to be fixed in this behalf by the Council, cause to be printed and published a correct list of the names for the time being entered in the register of registered practitioners, and setting forth
(a) all names entered in the register, arranged in alphabetical order according to the surnames,
(b) the registered address or appointment of each person whose name is entered in the register, and
8585. Clause (c) subs, by W.B. Act 16 of 1954. (c) the qualifications of each such person represented by the abbreviations therefor and the year in which each such qualificationwas obtained.
&n
(1) The 89[State Government] may from time to time make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the 89[State Government] may make rules
"(a) to regulate elections under clauses (b), (c), (d) and (e) of sub-section (1) of section 4; 9090. Clauses (a), (al), (a2) and (a3) subs, by W.B. Act 16 of 1954. (al) the period to be prescribed under sub-section (2) of section 4;
9090. Clauses (a), (al), (a2) and (a3) subs, by W.B. Act 16 of 1954. (a2) the manner of selection by lot referred to in proviso (i) to clause (c) of sub-section (1) of section 10;
9090. Clauses (a), (al), (
[ Saving for provisions of the Government of India Act, 1935.] Rep. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.
SCHEDULE SCHEDULE.
Qualifications entitling to registration under this Act
....1. Qualifications specified in the First or the Second Schedule to the Indian Medical Act, 1933.
....2.Qualifications specified in the undermentioned list:
Name of the body or authority granting the qualification.
Description of the qualification.
Abbreviation of the qualification for registration.
1. The
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