THE KARNATAKA MEDICAL REGISTRATION ACT, 1961 {KARNATAKA ACT No.34 OF 1961}

Transcription

1 THE KARNATAKA MEDICAL REGISTRATION ACT, 1961 {KARNATAKA ACT No.34 OF 1961} CONTENTS PAGE NO. Statement of Object and Reasons..779 Sections 1. Short title, extent and commencement Definitions (a) Council or Medical Council 780 (b0 Notification (c)registered practitioner.780 (d) Regulations (e) Rules Establishment, incorporation and constitution of Council Nomination of members in default of election Terms of Office Vacancies Disqualifications Disabilities for continuing as member Time and place of meeting and procedure at meeting of Council Validity of proceedings Registrar and officers Register Registration of Medical Practitioners Appeals against decision of Registrar Removal of Medical Practitioner s name from Register for misconduct 783 KARNATALA LOCAL LAWS VOL CONTENTS SECTIONS..Page No 16. Medical Council to have powers of civil courts Inquiries to be deemed to be judicial proceedings Assessor to Medical Council Renewal of registration Qualified Practitioners Certificate Persons entitled to hold certain appointments Notice of death Exemption from serving on inquests, etc Fees payable to members Disposal of fees Publication of list of practitioners Elections to be held by distributive vote Penalties..786

2 29. Protection of action taken in good faith Jurisdiction of Civil Courts Power to make rules Regulations Control Repeal and savings Power to remove difficulties 788 THE KARNATAKA MEDICAL REGISTRATION ACT, 1961 {KARNATAKA ACT NO. 34 OF 1961} - Statement Of OBJECTS AND REASONS KARNATAKA ACT NO.34 OF 1961 KARNATAKA GAZETTE, DATED There are different enactments in force in the several areas of the state governing the registration of practitioners of modern system of medicine. As a result of the adaptations Made in these enactments, the Mysore Medical Council---constituted under the Mysore Medical Registration Act, 1931, as adapted---is empowered to perform the functions of a Medical Council throughout the state in respect of the several enactments, while the Medical Registers under each enactment are kept separate. Thus there is a single Medical Council and several Medical Registers. Since under the Indian Medical Council Act, 1956 (Central Act 102 of 1956) one member has to be elected to he Medical Council of India by the members included in the state Medical Register, it is necessary to have one Medical Register for the entire State. In the circumstance, it is proposed to have a uniform law relating to registration of practitioners practicing the modern system of medicine throughout the state. (First published in the Karnataka Gazette, on the Thirtieth day of December, 1961) (Received the assent of the President on the Twenty-fifth day of December, 1961) An Act to consolidate the laws for the registration of medical practitioner of modern scientific system of medicine in the State of Karnataka. Whereas, it is expedient to consolidate the laws for the registration of medical practitioners of modern scientific system of medicine, surgery and obstetrics, other that veterinary medicine and surgery, in the State of Karnataka; Be it enacted by the Karnataka State Legislature in the Twelfth Year of the Republic of India as follows- 1. Short title, extent and commencement (1) This Act may be called the Karnataka Medical Registration Act, It extends to the Whole of the State of Karnataka. Karnataka Local Laws-Vol.18 (3) It shall come into force on such as the state Government may, by notification, appoint. NOTIFICATION No. PLM 251 MDA 61, dated

3 Karnataka gazette, dated In exercise of the powers conferred by sub-section (3) of section 1 of the Karnataka Medical Registration Act, 1961 (Karnataka Act 34 of 1961), the Government of Karnataka hereby appoints the 22 nd August, 1963 as the date on which the provision of the said Act shall come into force. 2. Definations- In this Act, unless the context otherwise requires- (a) Council or Medical Council means the Karnataka Medical Council established under this Act; (b) Notification means a notification published in the Official Gazette; (c) Registered practitioner means any person registered under the provision of this Act; (d) Regulations means regulations made under section 32; (e) Rules means rules made under section Establishment, Incorporation and constitution of Council (1) The State Government shall by notification establish a council to be called the Karnataka Medical Council for the purpose of carrying out the provisions of this Act. Such Council shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract and may by the same name sue and be used. (2) The Council shall consist of the following fifteen members, namely (a) six members to be elected from amongst themselves by the medical practitioners who are registered under this Act; (b) two members to be elected from amongst themselves by the members of Faculties of Medicine of the Universities established by any law for the time being in force in the State of Karnataka; (c) two members to be elected from amongst themselves by such members of the staff of the medical colleges in the State of Karnataka as are medical practitioners who are registered under this Act; and (d) five members to be nominated by the State Government, out of whom not more that one shall be from amongst those not registered under this Act. (3) In making nomination under clause (d) of sub-section (2), the State Government shall have due regard to the claims of women and of other groups of practitioners, representative of whom have not been elected under clause(a), (b) and (c). KARNATAKA MEDICAL REGISTRATION ACT,1961 (4) The President and Vice-President of the Medical Council shall be elected by the members from amongst themselves. (5) The election of the President and Vice-President and other members shall, subject to the provision of this Act, be held at such time and place and in such manner as may be prescribe by rules. 4. Nomination of members in default of election If any of the electorates referred to in section 3 does not, by such date as may be prescribe by rules, elect a person to be a member of the Council, the State Government shall, by notification, nominate to the vacancy a person qualified for election thereto; and the person so nominated shall be deemed to be member of the Council as if he had been duly elected by the said electorate. 5. Term of Office The President, Vice-President and other members of the Medical Council shall, subject to the provision of this Act, hold office for a term of five years from the date of their nomination or election or until their successors have been duly nominated, or elected, whichever is longer and shall be eligible for re-nomination or re-election, as the case may be.

4 6. Vacancies Upon the death, resignation or vacation of office of any member of the Medical Council, another person shall be appointed a member of the Medical Council in his place by nomination or election, as the case may be, in accordance with the provisions of sub-section (2) of section 3, and such person shall hold office for the remainder of the period for which the member in whose place he is appointed was nominated or elected. 7. Disqualifications A person shall be disqualified for being chosen as and for being a member of the Medical Council (a) if has been sentenced by a Criminal Court for an offence involving moral turpitude and punishable with imprisonment for a term exceeding three months, such sentence not having been subsequently reversed, quashed or remitted, unless he has, by order, which the State Government is hereby empowered to make in his behalf, been relieved from the disqualification arising on account of such sentence; (b) if he is an undischarged insolvent; (c) if he is of unsound mind and stands so declared by a competent Court; (d) if he is a whole time officer or servant of the Council. 8. Disabilities for continuing as member If any member, during the period for which he has been nominated or elected (a) absents himself, without excuse, sufficient in the opinion of the Medical Council, from three consecutive ordinary meeting of the Council; or (b) in the case of a member elected under clause (b) of sub-section (2) of Section 3, ceases to be member of the Faculty of Medicine of the University concerned; or KARNATAKA LOCAL LAW-VOL.18 (C) in the case of a member elected under clause (a) or (c) of subsection (2) of section 3, ceases to be registered practitioner; or (d) becomes subject to any of the disqualifications mentioned in section 7, The State Government shall declare his office to be vacant. 9. Time and Place of meeting and procedure at meeting of Council The medical Council shall make such regulations as may be necessary with respect to the time and place of the meeting of the Medical Council and the mode of summoning the same. In the absence or any regulation as to the summoning of a meeting of the Medical Council, is shall be lawful for the President to summon a meeting at such time and place as to him shall seem expedient by letter addressed to each member; and at every meeting, in the absence of the President, the Vice-President and in the present, shall act as President; and all acts of the Medical Council shall be decided by the votes of the majority of the members present at any meeting the total number present being not less that eight, and at all such meetings the President for the time being shall, in addition to his vote as a member of the Medical Council, have a casting vote in case of any equality of votes. 10. Validity of proceedings (1) No disqualification, or defect in the election or nomination of any person acting as a member of the Medical Council or as the President or Vice-President or presiding authority of a meeting shall be deemed to vitiate any act or proceeding of the Medical Council in which such person has taken part. (2) No act done by the Council shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of the Council. 11. Registrar and officers (1) The Medical Council shall appoint a Registrar, and may from time to time grant leave to the Registrar and appoint a person to act in his place. Any order of the Registrar for a period which exceeds or is likely to exceed the period which the state Government may, from time to time direct, shall be subject to

5 the previous approval of the State Government. The Registrar and any person appointed to act as Registrar shall be paid by the Medical Council such salary and allowances as it may from time to time determine. Any person duly appointed to act as Registrar shall be deemed to be Registrar for all purposes of this Act. The Medical Council may also appoint such other officers and servants as may be necessary for the purposes of this Act. (2) The Registrar or any other officer or servant appointed under this section shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. 12. Registrar The Registrar shall keep a register of medical practitioners in such form as may be prescribed by rules, in accordance with the provisions of this Act. It shall be the duty of the Registrar under the orders of the Medical Council to keep the registrar correct and from time to time to enter any necessary alterations in the addresses of person registered and to enter any additional qualification which any registered person may have obtained subsequent to his registration, and to strike off the names of all registered persons who have died. 13. Registration of Medical Practitioners;--(1) Every person who holds any of the medical qualifications included in the schedules to the Indian Medical Council Act, 1956 (Central Act 102 of 1956), may apply to the Registrar giving a correct description of his qualifications, with the dates on which they were granted, and present his degree, diploma or licence along with a fee of fifteen rupees for being registered under this Act. The Registrar shall if satisfied that the applicant is entitled to be registered, enter his name in the register: Provided that the Registrar shall on application and on payment of a fee of two rupees enter the names of medical practitioners registered under any of the enactments repealed by section 34 and included in the registers maintained in accordance with the provision of the said repealed enactments as adapted by the Karnataka Adaptation of Laws Order, (2) The Medical Council may refuse to permit the registration of any person who has been convicted of a cognizable offence as defined in the Code of Criminal Procedure, 1898 (Central Act V of 1898), or any other law for the time being in force, or who after due inquiry has held guilty by the Karnataka Medical Council or by the Medical Council of any other State in India of infamous conduct in any professional respect. 14. Appeals against decision of Registrar (1) An appeal against the decision of the Registrar respecting a first registration or any subsequent alteration shall be heard and determined by the Medical Council in accordance with rules made by the State Government. (2) Any entry in the register which shall be proved to the satisfaction of the Medical Council to have been fraudulently or incorrectly made may be deleted from the register under the orders of the Medical Council. 15. Removal of Medical Practitioner s name from register fro misconduct (1) If a medical practitioner has been, after due inquiry by the Medical Council, found guilty of any misconduct, the Medical Council may (a) issue a letter of warning addressed to such medical practitioner: or (b) direct the name of such medical 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 without specifying the period or such removal. Explanation For the purposes of this section misconduct shall mean

6 (a) the conviction of the medical practitioner by a Criminal Court for an offence which involves moral turpitude and which KARNATAKA LOCAL LAWS VOL 18 Cognizable as defined in the Code of Criminal Procedure, 1898 ( Central Act V of 1898), or any other law for the time being in force: (b) any conduct which in the opinion of the Medical Council is infamous in relation to the medical profession. 16 Medical Council to have powers of Civil Courts In holding inquiries under this Act, the Medical Council shall have the same powers as are vested in Civil courts under the Code of Civil procedure, 1908 (Central Act V of 1908), when trying a suit, in respect of the following matters, namely (a) enforcing the attendance of any person and examining him on oath: (b) compelling the production of documents: (c) issuing of commissions for the examination of witnesses. 17. Inquiries to be deemed to be judicial proceeding All inquires under this Act shall be deemed to be judicial proceeding within the meaning of section 193 and 228 of the Indian Penal Code. 18. Assessor to Medical Council (1) For the purpose of advising the Medical Council on question of law arising in inquiries before it, there shall, in all such inquires, be an assessor to the Medical Council who has been for not less that ten years an advocate of a High Court (2) Where an assessor advises the Medical Council on any question of law, he shall do so in the presence of every party, or person representing a party to the inquiry who appears thereat, or if the advice is tendered after the Medical Council has begun to deliberate as to their 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 Medical Council does not accept the advice of the assessor on any such question as aforesaid. (3) Any assessor under this section may be appointed either generally or for any particular inquiry or class of inquiries and shall be paid such remuneration as the Medical Council with the approval of the State Government may determine. 19. Renewal of registration (1) Not withstanding anything contained in section 13, each medical practitioner shall pay to the Medical Council on or before the thirty-first day of December of every year, a renewal fee of two rupees for the continuance of his name in the register. (2) If the renewal fee is not paid before the due date, the Registrar shall remove the name of the defaulter from the register: KARNATAKA MEDICAL REGISTRATION ACT, 1961 Provided that the name so removed may be re-entered in the register on payment of the renewal fee in such manner and subject to such conditions, as may be prescribed by rules. 20. Qualified Practitioners Certificate (1) The expression legally qualified medical practitioner, or duly qualified medical practitioner or any words importing a person recognized by law as a medical practitioner or member of the medical profession, shall mean a medical practitioner registered under this Act or a medical practitioner, whose name is for the time being borne on the Indian Medical Register maintained under the Indian Medical Council Act, 1956 (Central Act 102 of 1956) (2) A certificate required by any Act from any medical practitioner or medical officer shall be valid, if the person signing the same shall have been registered under this Act

7 or his name shall have been borne on the Indian Medical Register referred to in subsection (1) 21. Persons entitled to hold certain appointments A person whose name is for the time being borne on the Indian Medical Register maintained under the Indian Medical Council Act, 1956 (Central Act 102 of 1956), Shall be eligible any appointments as a physician, surgeon or other medical officer in any dispensary, hospital, infirmary or lying-in-hospital, or in any public establishment, body or institution, where he modern scientific system of medical is practiced. 22. Notice of death---every Registrar of Deaths on receiving notice of the death of a medical practitioner registered under this Act shall forthwith transmit by post to the Registered appointed under this Act a certificate under his own hand of such death with the particulars of time and place of death and may charge the cost of such certificate and transmission as on expense of his office. 23. Exemption from serving on inquests, etc-- Not withstanding any-things in any other law for the time being in force, every person who shall be registered under Act shall be exempt, if he so desires, from serving on any inquest or as a juror under the Code of Criminal Procedure, 1898 (Central Act V of 1898) 24. Fees payable to member---there shall be paid to the members of the Medical Council such fees for attendance and such reasonable traveling expenses as shall from time to time be allowed by the Medical Council and approved by the State Government. 25. Disposal of fees All moneys received by the Medical Council as fees under this Act shall be applied for the purposes of this Act in accordance with such rules as may be made in this behalf by the State Government. 26. Publication of list of practitioner--- (1) The Registrar shall every year on or before the Thirtieth day of June, publish in he Official Gazette correct list of the names and qualifications of all practitioners entered in the register on the first day of January of that year. (2) A copy of the list published under sub-section (1) shall be evidence in all courts and in judicial or quasi-judicial proceedings that the persons therein specified are registered according to the provisions of this Act, Provided that in the case of any person whose names 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 provision of this Act. 27. Elections to be held by distributive Vote All elections under this Act shall be held according to the distributive system of voting. Explanation--- Distributive system of voting means a system of voting in which every voter shall be entitled to give as many votes as there are seats to be filled: Provided that no voter shall give more that one vote to any candidate: Provided further that no voting paper shall be deemed to be valid unless the voter has recorded all the votes which he is entitled to give. 28. Penalties Whoever falsely pretends to be registered under this Act or not being registered under this Act uses is connection with his name or title any words or letters representing that he is so registered shall, whether any person is actually deceived by such pretence or representation or not, be punished in the case of a first conviction with fine which extend to three hundred rupees and in the case of subsequent conviction with fine which may extend to one thousand rupees. 29. Protection of action taken in good faith--- No suit or other legal proceeding shall lie against the State Government or the Medical Council or any officer or

8 servant of the State Government or Medical Council for any things which is in good faith done or intended to be done under this Act. 30. Jurisdiction of Civil Courts---No act done in the exercise of any power conferred by or under this Act on the State Government or the Council or the Registrar shall be questioned in any Civil Court. 31. Power to make rules (1) The State Government, after previous publication, may by notification make rules to carry out the purpose of this Act. (2) 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 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 under that rule. KARNATAKA MEDICAL REGISTRATION ACT, Regulations (1) subject to the provision of this Act and of the rules made under section 31, the Medical Council may, with the previous approval of the State Governments, make regulations generally to carry out the provisions of this Act. (2) All regulations made by the Medical Council under this Act shall be published in the Official Gazette. (3) it shall be lawful for the State Government by notification to cancel or alter any regulation made under this Act. 33. Control---If at any time it shall appear to the State Government that the Council has failed to exercise, or has exceeded or abused any of the powers conferred upon it by or under this Act, or has failed to perform any of the duties imposed upon it by or under this Act, the State Government may, if it considers such failure, excess or abuse to be of a serious character, notify the particulars thereof to the Council, and if the Council fails to remedy such default, excess or abuse, within such time as the State Government may fix in this behalf, the State Government may dissolve the Council and cause all or any of the powers and duties of the Council to be exercised and performed by such person and for such period as it may think fit and thereupon the funds and property of the Council shall vest in the State Government for the purpose of this Act until a new Council shall have been constituted under Section3. (2) When the State Government has dissolved the Council under sub-section (1), it shall take steps as soon as may be convenient to constitute new Council under section 3 and thereupon the property and funds referred to in sub-section (1) shall revest in the Council so constituted. (3) Notwithstanding anything contained in this Act, rules or regulations, if at any time, it shall appear to the State Governments that the Council or any other authority empowered to exercise any of the powers or to perform any of the functions under this Act, has not been validity constituted or appointed, the state Government may cause any of such powers or functions to be exercised or performed by such person in such manner and for such period not exceeding six months and subject to such conditions as the State Government thinks fit. 34. Repeal and saving The Bombay Medical Act, 1912 (Bombay Act VI of 1912), as in force in the Bombay Area, the Medical Registration Act, 1348-F (Hyderabad Act 1 of 1348 Fasli), as in force in the Hyderabad Area, the Madras Medical Registration Act, 1914 ( Madras Act 1V of 1914), as in force in the Madras Area and the Karnataka Medical Registration Act (Karnataka Act V of 1931), as in force in the Karnataka Area, are hereby repealed:

9 Provided that until the constitution of the Medical Council in accordance with the provision of this Act, the body functioning as the Karnataka Medical Council immediately before the commencement of this Act shall exercise the powers and perform the duties conferred by the provisions of this Act on the Medical Council and casual vacancies in the seats of the members of the Medical Council so functioning shall be filled and all matters in connection with the filling up of such vacancies shall be regulated in accordance with the provisions governing the filling of such vacancies and regulating such matters in force immediately before the commencement of this Act subject to such modifications of the said provision as the State Government may by notification make in the said provision: Provided that section 6 of the Karnataka General Clauses Act, 1899 (Karnataka Act 111 of 1899), shall be applicable in respect of such repeal and sections 8 and 24 of the said Act shall be applicable as if the said enactments had been repealed and reenacted by this Act. 36. Power to remove difficulties--- (1) If any difficulty arises in giving effect to the provisions of this Act in consequence of the transition to the said provision from the provisions of the Acts in force immediately before the commencement of this Act, the State Government, may by notification make such provision as appear to it to be necessary or expedient for removing the difficulty. (2) Every notification issued under sub-section (1) shall, as soon as may be after it is issued, be laid before both Houses of the State Legislature. THE KARNATAKA MEDICAL REGISTRATION RULES, 1963 Rules Contents Page No PART 1 General 1. Title Definitions..793 (a) Act.793 (b) Form.793 (c) Government.793 (cc) Member..793 (d) President..793 (e) Register or State Medical Register.793 (f) Registrar.793 (g) Section 793 PART 11 Appointment to Council 3. Election of the President and Vice-President of the Council A. Appointment of dates for nominations, etc B. Nomination of Candidate D. Scrutiny of nominations E. Withdrawal of candidature.795

10 3-F. Procedure in contested and uncontested elections G. Votes to be taken at the Office of the Medical Council H. Procedure for the conduct of elections I. Counting of votes J. Record of proceedings..798 KARNATAKA LOCAL LAWS-VOL-18 3-K.Sealing and custody of election paper L. President and Vice-President to enter upon his duties M, Dispute regarding election N. Procedure on receipt of the election petition O. Grounds for declaring the election of returning Candidate to be void P. Grounds for which the candidate other than the Returned candidate may be declared to have been elected Electoral roll for election of members by the registered Practitioners Electoral Roll for election of members by the Faculties of Medicine Of the Universities Electoral Roll for election of members by the Members of the staff of the Medical Colleges Programme of elections Qualification for election as members Nomination of candidates Amount of deposit to be made Scrutiny of nomination paper Withdrawal of Candidature Publication of valid nominations Dispatch of voting papers to the voters Dispatch of voting paper to the Returning Officer Counting of votes Declaration of the result of election Publication of the result of election Disputes regarding election Orders of Government on the election petition Casual vacancies 807 PART 111 Registrar 22. Registrar to be registered practitioner Maintenance of the State Medical Register and other registers Registrar to be present at the meetings of the Council Registrar to carry on the correspondence of the council Registrar to carry out duties under the Act Custody of documents Maintenance of register containing the names Of members of the council and occurrence of the vacancies Opening of account on behalf of the Council Deposit of Moneys Statement of Income and Expenditure Preparation of annual accounts 808

11 33. Budget Consideration of Budget Payment of bills Cash Book Signing cheques Audit 809 PART 1V Registration of Medical Practitioners 39. Registration of Medical Practitioners under Sun-section (1) of section Maintenance of list of provisionally registered Medical practitioners Qualifications for registration under Section Certificate of Registration Renewal of Registration Change of Address Entries to be made in the Karnataka Medical Register relating to the number of persons registered Appeal to the Karnataka Medical Council against the Decision of the registrar Fees..811 FORMS A to F FORMS 1 to 1V AMENDENT RULES THE KARNATAKA MEDICAL REGISTRATION RULES, 1963 (As amended by GSR 316, dated and GSR 173, dated ) In exercise of the powers conferred by Section 31 of the Karnataka Medical Registration Act, 1961 (Karnataka Act No. 34 of. 1961), the Government of Karnataka hereby makes the following rules, the draft of the same having been previously published in Notification No. PLM 251 MDA 61, dated 22 nd May, 1963, in Part 1V, section 2-C(i) of the Karnataka gazette, dated 1 st June, 1963 as required by sub- section (1) of section 31 of the said Act, namely----- PART General 1. Titles---These rules may be called the Karnataka Medical Registration Rules, Definitions---In these rules, unless the context otherwise requires--- (a) ACT means the Karnataka Medical Registration Act, 1961 (b) Form means form appended to these rules; (c) (cc) Government means the Government of Karnataka; Member means a member of the Karnataka Medical Council;} (c) :President means the president of the Karnataka Medical Council; (d) Register or State Medical Register means the register kept under section 12 ; (e) Register means the Registrar appointed as such under Section 11; (f) Section means a section of the Act. PART 11 Appointment to Council

12 4. Election of the President and Vice-President of the Council The Election of the President and Vice-President shall be held at the office of the Medical Council by the Registrar who shall be the Returning Officer. 3-A. Appointment of dates for nominations, etc (1) The Registrar shall, by notice in form A published by affixture on the notice board of 1. Published in the Karnataka Gazette, dated , vide Notification No. PLM 25 MDA 61, dated Clause (cc) inserted by GSR 316, dated Rules 3, 3-A to 3-P substituted for rules 3 by GSR 316, dated , w.e.f the office of the Medical Council appoint for every of the President or Vice- President, as the case may be (a) the last date for making nomination which shall be a date not later that the eighth day after the date of the publication of the notice; (b) a date for the scrutiny nominations which shall be date not later that the third day after the last date for making nominations; (c) the date on which votes of the member shall if necessary, be taken which shall be a date not earlier that the seventh day after the last date for making nominations. (2) In the case of election to fill a vacancy caused by the expiration of the term of office of the President or Vice-President, a notice under sub-rule (1) shall be issued on or as soon as conveniently may be, after the sixtieth day before the expiration of the term of office of the outgoing President or Vice- President, as the case may be, and, the dates shall be so appointed under the said sub-rule that the election will be completed within such time as will enable the President or the Vice-President thereby elected to enter upon his office on the date following the expiration of the terms of office of the outgoing President or Vice-President, as the case may be (3) In the case of an election to fill a vacancy in the office of the President or the Vice-President occurring by reason of his death, resignation, removal or otherwise, a notice under sub-rule (1) shall be issued as soon as may be after the occurrence of such vacancy. (4) A copy of the notice published under sub-rule (1) shall be sent to every member by registered post..(5) In the case of elections held under sub-rule (3) the election shall ordinarily be held before the expiry of four weeks from the date of occurrence of a vacancy referred to in sub-rule (3) 3-B.Nomination of Candidate Each candidate shall be nominated by a nomination paper completed in Form B and subscribed by the candidate himself as assenting to the nomination and by two members as proposer and seconder. (2) On or before the date appointed under clause (a) of sub-rule (1) of Rule 3 each candidate shall, either in person or by his proposed or seconded, between the hours of 11 O clock in the forenoon and 3 O clock in the afternoon, deliver to the Returning Officer at the place specified in his behalf in the notice, the nomination paper. (3) Any nomination paper which is not received before 3 O clock in the afternoon on the last date appointed under clause (a) of sub-rule (1) of rule 3 shall be rejected. (4) No member shall subscribe whether as proposed or seconded more that one nomination paper at any election. (5) Nothing in this rule shall prevent any candidate from being nominated by more that one nomination paper for the election. 3-C Procedure on receipt of nomination paper On presentation of a nomination paper, the Returning Officer shall---

13 (a) sign thereon a certificate stating the date and time of the presentation of the nomination paper and enter thereon its serial number; and (b) inform the person or persons presenting the nomination paper of the date, time and place fixed for the scrutiny of the nominations. 3-D scrutiny of nomination (1) The Candidates and one proposed and one seconded of each candidate shall be entitled to be present at the time of scrutiny of nominations, and the Returning Officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and in the manner laid down in Rules 3-B and 3-C (2) The Returning Officer shall then examine the nomination papers and decide all objections which may be made to any of them. (3) The returning Officer may, either on such objection or on his own motion and after such summary enquiry, if any, as he thinks necessary, reject the nomination paper on any of the following grounds, namely (a) that the proposed or seconded is not qualified to subscribe a nomination paper under sub-rule (1) of Rule 3-B; or (b) That the signature of the candidate, proposed or seconded is not genuine or has been obtained by fraud; or ( c) that the nomination paper has not been duly completed and the defect or irregularity is of a substantial character; or (d) that the proposed or seconded has subscribed, whether as proposed or seconded any other, nomination paper received earlier by the Returning Officer at the same election. (4) The Returning Officer shall hold the scrutiny on the date appointed in his behalf under clause (b) of sub-rule (1) of Rule 3-A and shall not allow any adjournment to the proceedings except when such proceedings are interrupted or obstructed by cause beyond his control. (5) The Returning Officer shall endorse on each nomination paper his decision either accepting or rejecting it and if the nomination paper is rejected, he shall record in writing a brief statement of his reasons for rejecting it. 3- E. Withdrawal of candidature (1) Any candidate may withdraw his candidature by a notice in writing in Form c subscribed by him and delivered before 3 O clock in the afternoon on the date immediately preceding the date fixed under clause ( c) of sub- rule (1) of Rule 3-A to the Returning Officer either by such candidate in person or by his proposed or seconded who has been authorized in his behalf in writing by such candidate. (2) No person who has given a notice of withdrawal of his candidature under subrule (1) shall be entitled to cancel the notice. (3) on receipt of a notice of withdrawal under sub-rule (1), the returning officer shall note thereon the date and the hour at which it was delivered. 3-F. Procedure in contested and uncontested elections If after the expiry of the period within which candidatures may be withdrawn under sub-rules (1) of Rules 3- E (a) there is only one candidate who has been validly nominated and has not withdrawn his candidature in the manner and within the time specified in that subrule, the Returning Officer shall forthwith declare such candidate to be duly elected to the office of the President or the Vice-President, as the case may be; (b) the number off candidates who have been duly nominated but have not so withdrawn, their candidatures exceeds one, the Returning Officer shall prepare in Form D, a list of valid nominations containing the names in alphabetical order of the

14 validly nominated candidates which are given in the nomination papers and cause a copy of the list to be affixed to the notice board of the office of the Medical Council. 3-G Votes to be taken at the Office of the Medical Council Where votes of the Members are to be taken for the purpose of the election; a notice specifying the date and hour at which the poll will be held at the Office of the Medical Council shall be sent to every members of the Medical Council by registered post not less that five days before the date of the meeting and a copy of the notice shall also be published by the Returning Officer on the notice board of the Office of the Medical Council. 3-H. Procedure for the conduct of elections The following procedures shall be adopted in conducting the elections, namely (1) the Returning Officer shall read out the names of all the candidates who have been duly nominated as entered in Form D (2) at the place set apart for voting, the Returning Officer shall provide a ballot box which shall be so constructed that the ballot papers can be introduce therein but cannot be withdrawn therefore without the box being opened; (3) the returning Officer shall immediately before the votes are taken, show the ballot box empty to such members as may be present, so that they may see that is is empty and then shall lock it up, and place his seal upon it in such manners as to prevents being opened without breaking such seal; (4) every member wishing to vote shall be supplied with a ballot paper in Form E bearing the seal of the Medical Council and the signature of the Returning Officer and on which the names of all the contesting candidates are printed, typed or written in English or kanada At the time of issuing a ballot paper to a member, the Returning officer shall record the serial number thereof against the entry relating to the members in the copy of the list of members kept for the purpose. KARNATAKA MEDICAL REGISTRATION RULES, 1963 (6) the member to whom a ballot paper is issued under sub-rule (4) shall on receipt of the ballot proceed to the place set a part for the purpose and there place a mark (x) against the name of the candidate for who he is wishes to vote; and he shall then fold up the ballot paper so as to conceal his vote and insert it in to the ballot box; (7) the returning Officer shall cause such arrangements to be made as to prevent the members who have already voted from having access to the members who are yet to vote; (8) a member who has inadvertently dealt with his ballot paper in such manner that it cannot be nveniently used as a ballot paper may on returning it to the Returning Officer and on satisfied him of the inadvertence, be given another ballot paper and the ballot paper so returned shall be marked spoilt cancelled by the Returning Officer. If a member after obtaining a ballot paper decides not to use it shall return it to the Returning Officer and the ballot paper so returned shall be marked as Returned cancelled by the Returning Officer. All ballot papers cancelled under this clause shall be kept in a separate packet. 3-I Counting of votes (1) After voting by all the members present and wishing to vote, the Returning Officer shall open, in the presence of the members present, the ballot box count the number of ballot papers taken out there from and scrutinize the ballot papers and separate those which in his opinion are valid from those which in his opinion are invalid, endorsing on the latter the work rejected and the ground of rejection and arrange all the valid ballot papers in a bundle. (2) The Returning Officer shall reject a ballot paper--- (a) if it bears any mark or writing by the elector can be identified; or (b) if no vote is recorded thereon ; on

15 (c) if votes are given on it in favour of more that one candidate; or (d) if the mark indicating the vote thereon is placed in such a manner as to make it doubtful to which candidate the vote has been given; or (e) if it is a surplus ballot paper: Provided that a ballot paper shall not be rejected merely on the ground that the mark indicating the vote id indistinct or made more that once if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked. KARNATAKA LOCAL LAWS- VOL. 18 (3) Before rejecting any ballot under this rule the Returning Officer shall allow each candidate a reasonable opportunity to inspect the ballot paper but shall not allow him to handle it or any other ballot paper. (4) Every ballot paper which is not rejected shall be counted as one valid vote. After the completion of the counting the Returning Officer shall recorded in a statement the total number of votes polled by each candidate and announce the same. (5) After such announcement has been made the Returning Officer may either on his own initiative or at the instance of any candidates recount the votes. Provided that nothing herein contained shall make it obligatory on the Returning Officer at recount the same votes more that once. When a recount of votes is made under this sub-rule the Returning Officer shall amend the statement referred to in sub-rule (4) to the extend necessary after such recount and announce the amendment so made by him. (6) After the total number of votes polled by each candidate has been announced under sub-rule (4) or sub-rule (5), the Returning Officer shall declare the candidate to whom the largest number of valid votes has been given to have been duly elected. (7) If after the counting of the votes is completed, an equality of votes is found to exist between any candidate, and the addition of one vote will entitle any those candidates to be declared elected, the Returning Officer shall forthwith decide between those candidates by lot and proceed as if the candidates on whom the lot falls had received an additional vote. He shall thereafter declare the candidate on whom the lot falls to have been duly elected. (8) The Returning Officer shall prepare and certify a return of the election in Form F 3-J Record of proceedings Immediately after the election the Returning Officer shall (a) prepare a record of the proceeding of the election and sign it, attesting with his initials every correction made therein; and also permit any member present at the election to affix his signature to such record, if he expresses his desire to do so; (b) forward the name of the person elected as president or Vice-president to the Government for publication in the Official Gazette 3-K. Sealing and custody of election paper (1) The Returning Officer shall then make up into separate packets the marked copy of the list of members, the ballot papers relating to each candidate whether counted or rejected, seal up each packet and vote thereon the description of its contents, the election to which it relates and the date thereof. KARNATAKA MEDICAL REGISTRATION RULES, 1963

16 (2) These packets shall not be opened and their contents shall not be inspected or produced before any person or authority expect under the orders of the State Government or of a Competent court. (3) The packets shall be retained in safe custody by the Returning Officer in his office for a period of one year from the date of declaration of result of election, and shall thereafter be destroyed unless a direction to the contrary is given by the State Government or a Competent Court. 3-L. President and Vice-president to enter upon his duties The President or Vice- president elected under these rule shall enter upon his duties forthwith, in case there is no elected President or Vice-President as the case may be and after the expiry of the term of elected President or Vice- President in his offices or other cases. 3-M Dispute regarding election (1) The validity of the election of a member may be called in question by a petition presented to the state Government by any candidates at such election within fifteen days from the date of publication of the declaration of the results by the State Government in the Official Gazette. (2) Every petition under sub-rule (1) shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition. (3) The petitioner shall join as respondents to his petition where the petitioner in addition to claiming a declaration that the election of the returned candidate is void claims a further declaration that he himself or any other candidates has been duly elected, all the contesting candidates other that the petitioner, and where no such further declaration is claimed, the returned candidate. (4) A petition under sub-rule (1) (a) Shall contain a concise statement of material facts on which the petitioner relies; (b) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil procedure, 1908 ( Central Act V of 1908), for the verification of pleadings; ( C) any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition. (5) The petitioner may claim any of the following declarations. (a) that the election of the returned candidate is void and he himself or any other candidate has been duly elected. 3-N. Procedure on receipt of the election petition On the receipt of the election petition, the State Government may after calling for the records and after such enquiry as deems fit and after giving an opportunity to the parties to the proceeding of being heard, make an order (a) dismissing the petition: or (b) declaring the election of the returned candidate to be void : or ( c ) declaring the election of returned candidate to be void and the petitioner or any other candidate to have duly elected. 3-O. Grounds for declaring the election returning candidate to be void If the State Government is of opinion-- (a) that the result of the election has been materially affected (i) by the improper reception of refusal of a vote; or

17 (ii) by any non-compliance with the provisions of the Act or of any of these rules; or (b) that the nomination of any candidate has been wrongly rejected or that the nomination of the successful candidate or of any other candidate who has not withdrawn his candidature has been wrongly accepted; the State Government shall declare the election of the returned candidate to be void. 3-P. Grounds for which the candidate other than the returned candidate may be declared to have been elected If any person who has presented an election petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the State Government is of opinion that in fact the petitioner or such other received a majority of the valid votes, the State Government shall, after declaring the election of the returned candidate to be void declare the petitioner or such other candidate, as the case may be, to have been duly elected; Provided that the petitioner or such other candidate shall not be declared to be duly elected if it is proved that the election of each candidate would have been void if he had been the returned candidate and a petition had been presented calling and question his election..} 5. Electoral roll for election o members by the registered practitioners (1) In the case of election of members by the Medical Practitioners registered under the Act referred to in clause (a) of sub-section (2) of section 3, the Registrar shall be Returning Officer. The list of Medical practitioners published under sub- section (1) of section 26 in the year in which elections are to be held shall, constitute the preliminary electoral roll for the purpose of election of members under clause (a) of sub-section (2) of section 3}. 92) The returning Officer shall2 {xxx} publish a notice in the Official Gazette Specifying the mode in which and the time within which claims and objections relating to the entries or omissions in the preliminary electoral roll shall be preferred. (3) On or the after the date fixed for the receipt of the claims and objections, the Returning officer shall pass orders in writing on each claim or objections and revise the preliminary electoral rolls in accordance with such 1. sub-rule (1) substituted by GSR 173, dated , w.e.f The word simultaneously omitted by GSR 173, dated w.e.f Orders and the rolls, as so revised,, shall be { xxx} the final electoral roll. {The additions or deletions made while revising the rolls shall be published in the Official Gazette } 6. Electoral Roll for election of members by the Faculties of Medicine of the Universities. (1) In the case of election of members by the Members of the Faculties of Medicine of the Universities, referred to in clause (b) of sun-section (2) of section 3, the Registrar who shall be the Returning Office, shall address the Registrar of the Universities established by law in force in the State Karnataka to furnish a list of members of the Faculties of Medicine of the University as a date to be specified and other receipt of such list arrange the names of the member in alphabetical order. Such a list shall constitute the preliminary electoral roll for the purpose of election of members under clause (c) of sub-section (2) of section 3 and it shall be published in the Official Gazette {xxx}. (2) The procedure indicated in sub-rules (2) and (3) of Rules 4 shall mutatis mutandis apply in respect of the preliminary electoral roll published under sun-rule (1) 7. Programme of elections---- The Returning Officer shall notify in the Official Gazette and on the notice board at the office of the Council in respect of each of the