Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Goa Medical Council Rules, 1995 CONTENTS CHAPTER 1 :- CHAPTER-1 PART 1 :- Preliminary 1. Short title and commencement 2. Definitions PART 2 :- Election 3. Representatives of medical faculties of Universities PART 3 :- Representative of Registered Medical Practitioners 4. Preparation of electoral rolls 5. Returning Officer 6. Fixation of the stages of election 7. Notice of election 8. Nomination of Candidates 9. Scrutiny of nomination papers 10. Disposal of objections 11. Completion of scrutiny 12. Withdrawal of candidature 13. List of contesting candidates 14. Procedure of uncontested elections 15. Contested election 16. Printing of ballot papers 17. Despatch of ballot papers to electors 18. Issue of duplicate ballot paper 19. Delivery of ballot paper to elector in person 20. Recording of votes by electors 21. Custody of ballot papers 22. Scrutiny and counting of votes 23. Declaration of result of election 24. Filling of casual vacancy PART 4 :- PART-4 25. Election of President and Vice-President PART 5 :- PART-5 26. Time limit for referring election disputes CHAPTER 2 :- Conduct of Business of the Council 27. Calling of meetings 28. Notice for calling a meeting 29. Motions for insertion in agenda 30. Attendance at meeting 31. Business to be transacted at meetings 32. Adjournment of meeting 33. Minutes of meetings 34. Circulation of written proposition 35. Fees for attendance at meetings 36. Travelling allowance for attending meetings CHAPTER 3 :- Executive Committee 37. Number of members 38. Term of office 39. Disability to continue as member 40. Resignation of member 41. Casual vacancies 42. Calling of meetings 43. Notice of meeting 44. Presiding authority 45. Attendance at meeting 46. Business to be transacted at meetings 47. Adjournment of meetings 48. Decision at meeting 49. Minutes of meeting 50. Power, duties and functions of Executive Committee 51. Fees for attendance at meetings 52. Travelling allowance for attending meetings CHAPTER 4 :- Registration 53. Form of Register and further particulars to be included 54. Division of Register 55. Application for registration 56. Manner of paying fees 57. Certificate of registration 58. Removal of name from Register at the practitioners request 59. Provisional registration 60. Special registration (Temporary) 61. Renewal of registration CHAPTER 5 :- Inquiries 62. Complaints against registered practitioners 63. Procedure for submission of complaint to Executive Committee 64. Power of Executive Committee to refer complaint to Council 65. Action to be taken by the Council 66. Cases in which Executive Committee may direct an inquiry 67. Notice of charges on registered practitioner 68. Reply to notice 69. Council and complainant, if any, to be supplied with copies of all documents, etc 70. Legal assistance at inquiry 71. Procedure of inquiry 72. Record of proceedings at inquiries 73. Power of Committee to give further opportunity to practitioner to make statement 74. Decision of Committee and implementation 75. Re-entry of name of practitioner in register CHAPTER 6 :- Appeals 76. Appeals CHAPTER 7 :- Conditions of service of Registrar and other staff and the supervisory powers and duties of Registrar 77. Registrar 78. Other employees of the Council 79. Attendance 80. Leave 81. Retirement 82. Resignation 83. Termination of services 84. Provident Fund 85. Duties of Registrar 86. Maintenance of account and other registers 87. Opening of bank account 88. Receipt of Money 89. Annual Statement of Income and Expenditure 90. Annual Accounts and Audit 91. Estimates of Revenue and Expenditure 92. Supplementary estimates 93. Scrutiny of claims 94. Accounting of all sums received or spent 95. Application of Goa Civil Service Rules CHAPTER 8 :- Miscellaneous 96. Form of list and particulars to be included 97. Manner of publication of list 98. Charging of fees Goa Medical Council Rules, 1995 CHAPTER 1 CHAPTER-1 PART 1 Preliminary 1. Short title and commencement :- (1) These rules may be called the Goa Medical Council Rules, 1995. (2) They shall come into force at once. 2. Definitions :- In these rules, unless the context requires otherwise.- (a) Act means The Goa Medical Council Act, 1991 (Goa Act 6 of 1991). (b) Form means a form appended to these rules. (c) Section means a section of the Act. (d) Words and phrases used - but not defined in these rules shall have the same meaning as assigned to them in the Act. PART 2 Election 3. Representatives of medical faculties of Universities :- (1) The Registrar shall, by notice in writing inform the Registrar of every University established by law in the State that the term of Office of the member is due to expire on the date specified in the notice, such notice being given not later than sixty days before the expiry of such term; and likewise, inform the Registrar of every casual vacancy within thirty days of its occurrence; and call upon the Registrar to hold the election before the date specified in the notice. The notice shall be sent by registered post. (2) The name of the person elected shall, as soon as possible but not later than seven days after the date of declaration of the result of the election, be communicated by the Registrar of such University to the Government. PART 3 Representative of Registered Medical Practitioners 4. Preparation of electoral rolls :- (1) The Registrar shall prepare the electoral roll of registered practitioners from the register of Medical Practitioners. The electoral roll shall include the names of all practitioners on such date prior to the date of notice published under sub-rule (3) as may be fixed by the Council for each election. (2) The electoral roll shall be kept open for inspection in the office of the Council at least thirty days before the last date fixed for receipt of nomination papers under Rule 6. (3) The Registrar shall, at the same time issue a notice in the Official Gazette and in four prominent newspapers in Form 1 calling upon the registered practitioners to send their objections or suggestions, if any, with regard to the entries in the electoral roll before a date specified in the notice which will not be earlier than fifteen days of the publication of this notice. All objections received before the date specified in the notice shall be considered by the Registrar and correction made, if necessary, in the electoral roll. (4) Any practitioner aggrieved by the decision of the Registrar may, within five days, from the date of receipt of the order, prefer an appeal to the Government. 5. Returning Officer :- The Registrar shall normally be the Returning Officer. However, the Council shall have the powers to appoint an independent Returning Officer. 6. Fixation of the stages of election :- (1) The Returning Officer shall fix the date, hour and place for the following stages of the election, namely:- (a) receipt of nomination papers; (b) scrutiny of nomination papers; (c) withdrawal of candidature; (d) receipt of ballot papers; and (e) counting of votes. (2) The date of the receipt of nomination papers shall be not less than forty days before the date fixed for the receipt of ballot papers. The date fixed for scrutiny of nomination papers shall be not less than thirty five days before the date fixed for receipt of ballot papers. The date fixed for withdrawal of candidature shall be not later than three days after the completion of scrutiny of nomination papers or if that day is a public holiday, the next succeeding day which is not a public holiday. 7. Notice of election :- At least thirty days before the date fixed for the receipt of nomination papers, the Returning Officer shall publish in the Official Gazette and in at least four newspapers selected by him a notice in Form 2 notifying the dates fixed under rule 6 and calling upon the electors to elect new members and to send nominations for the purpose. 8. Nomination of Candidates :- (1) Every registered practitioner whose name appears in the electoral roll prepared under rule 4 (hereinafter referred to as the elector in this part), shall be qualified for election under this Part. (2) Candidates qualified for election shall be proposed and seconded by practitioners qualified as electors. (3) The nomination papers shall be in Form 8 and the Forms shall be supplied by the Registrar to every candidate on his requisition, either in person or through a representative. (4) Every nomination paper duly completed and signed by the proposer and the seconder and subscribed by the candidate himself as assenting to the nomination shall be sent by post or otherwise so as to reach the returning officer on or before the date and the time appointed under rule 6 for receipt of nomination papers. Nomination papers received after the time so fixed shall be rejected. The Returning Officer shall immediately on receipt of a nomination paper record thereon the date and the time of its receipt by him. 9. Scrutiny of nomination papers :- On the date and the time appointed for scrutiny of nomination papers, the candidates and one proposer and seconder of each candidate may attend at the appointed time and place and the returning officer shall give them all reasonable facilities to examine the nomination papers which have been delivered within the time fixed for their receipt under rule 6. 10. Disposal of objections :- The Returning Officer shall examine the nomination papers and shall decide all objections which may be made before him to any nomination and may, either on such objections or on his own motion, after such summary enquiry, if any, as he thinks necessary, refuse any nomination for any of the following reasons, namely:- (a) that the candidate or his proposer or his seconder is not an elector; (b) that there has been any failure to comply with the provisions of the Act or the Rules made thereunder relating to elections to the Council; (c) that the signature of the candidate or his proposer or his seconder is not genuine or has been obtained by fraud coercion or under influence; (d) that the candidate is disqualified or is not qualified under the Act or these rules for election. 11. Completion of scrutiny :- (1) The scrutiny shall be completed on the day appointed in this behalf and no adjournment of scrutiny shall be allowed. (2) The Returning Officer shall, on the same day, endorse on each nomination paper, his decision as to whether the nomination paper has been accepted or rejected and in case the nomination paper is rejected, shall record, the reasons for such rejection. 12. Withdrawal of candidature :- Any candidate may withdraw his candidature within three days of completion of scrutiny of nomination papers by a notice in writing signed by him and delivered by post or hand to the Returning Officer. 13. List of contesting candidates :- On completion of the scrutiny of the nominations and after the expiry of the period within which a candidate may withdraw his candidature under rule 12, the Returning Officer shall forthwith under his signature publish on the notice board at the office of the Council a list of contesting candidates. 14. Procedure of uncontested elections :- After the publication of the list of contesting candidates, if the number of contesting candidates does not exceed the number of vacancies to be filled in, the returning officer shall forthwith declare such candidates to be duly elected to fill such vacancies without any votes being taken and report the names of such candidates to the Government. 15. Contested election :- (1) When there are more contesting candidates than the existing vacancies, the voting shall be by postal ballot, or by personal voting within the stipulated time and date. (2) The Returning Officer shall forthwith publish the names and addresses of the contesting candidates in the Official Gazette and the same shall be displayed on the notice board in the office of the Council. 16. Printing of ballot papers :- The Returning Officer shall arrange for the printing of ballot papers in Form 4 with the names of the contesting candidates entered therein in alphabetical order. 17. Despatch of ballot papers to electors :- (1) Twenty one days before the date fixed for the receipt of ballot paper under rule 6, the Returning Officer shall send to every elector by post under certificate of posting:- (a) One ballot paper in Form 4 signed by him; (b) A smaller blank cover with the words "Ballot Paper" printed thereon; and (c) A large cover addressed to himself in Form- 5. (2) The Returning Officer shall make in one copy of the electoral roll against the name of every elector to whom a ballot paper and covers have been sent. The marked copy of the electoral roll and the counterfoils of the ballot papers sent shall be sealed in a packet immediately after the date fixed for receipt of ballot papers under rule 6. 18. Issue of duplicate ballot paper :- If any elector has not received his ballot paper and covers or has inadvertently spoilt the paper or lost it, then, he may send to the Returning Officer at least seven days before the date fixed for receipt of ballot paper under rule 6, a declaration to that effect signed by himself and accompanied by spoilt papers, if any, and requesting the Returning Officer to send him duplicate papers in place of those not received, spoilt or lost. When duplicate papers are issued, a record thereof shall be kept by the Returning Officer and a mark "Duplicate" made on the larger cover and on the ballot paper issued. The Returning Officer shall cancel any spoilt papers received back from the elector. 19. Delivery of ballot paper to elector in person :- Any elector whose ballot paper is returned undelivered may apply to the Returning Officer in person for such ballot paper before the date fixed for receipt of ballot papers under rule 6 and take delivery of the ballot paper after satisfying the Returning Officer of his identity, and giving a receipt. 20. Recording of votes by electors :- (1) On receipt of the ballot paper, an elector shall record his votes by putting crosses in column (3) of the ballot paper against the names of candidates to whom he wishes to give his votes. The elector shall have as many votes as there are vacancies and can give only one vote to each candidate. The elector shall not reveal his identity on the ballot paper by putting his signature or by any other means. (2) After recording his vote, the elector shall put the ballot paper in the smaller cover, close it and put it in the larger cover. The elector shall then close the larger cover and write his full name and sign at the places marked on the larger cover and shall then send the same by post or otherwise so as to reach the Returning Officer on or before the date and the hour appointed under rule 6 for receipt of ballot papers. (3) Any elector who is under any disability which incapacitates him from recording his vote in the above manner may take the assistance of a Gazetted Officer or a Magistrate in recording his votes. Such Officer shall, in such case, record on the back of the larger cover a certificate in the following manner, namely:- I hereby certify that (Name of the Officer) . being incapable of (Name of the elector) recording his votes due to ............. requested me to record his (cause of incapacity) votes and I have recorded his votes according to his desire and in his presence*. Signature . .. Seal of his Office or Rubber Stamp of his designation . 21. Custody of ballot papers :- All covers containing ballot papers shall on receipt be kept in a sealed box by the Returning Officer after noting the date and time of receipt on each cover. Any covers received after the date and time fixed for receipt of ballot papers under rule 6 shall be kept in a separate packet and shall not be opened. 22. Scrutiny and counting of votes :- (1) The scrutiny and counting of votes shall be undertaken by the Returning Officer at the time, day and place appointed under rule 9. (2) A candidate and not more than one representative, duly authorised by him, may remain present at the time of counting of votes. (3) The whole ballot paper shall be treated as invalid- (a) if the elector has failed to write his full name and make his signature on the larger cover in which the smaller cover containing the ballot paper is kept; (b) if the mark (x) is placed opposite the names of more candidates than the number of seats to be filled or if more votes are given than he is entitled to under sub-rule (1) of rule 20; (c) if the elector has put his signature on the ballot paper and has made any other mark thereon which may reveal his identity; (d) if the Returning Officer receives more than one ballot paper from the one smaller cover or more than one smaller cover in any larger cover, all such ballot papers shall be treated as invalid. (4) If the mark (x) is so placed as to make it doubtful to whom the candidate the elector has given his vote, the vote shall be deemed to be invalid. (5) If any elector has given more than one vote to any candidate, only one of such votes given shall be taken to be valid, provided that the ballot paper is otherwise not invalid. 23. Declaration of result of election :- (1) When the counting of votes is completed, the Returning Officer shall forthwith declare the candidates to whom the largest number of votes has been given, to be elected. If there is an equal number of votes in favour of each of two or more candidates for one vacancy, the selection shall be determined by the Returning Officer by draw of lots. (2) The Returning Officer shall also inform each successful candidate by letter of his having been elected to the Council and report to the Government the date of declaration of the election, and the result thereof. (3) After the result of the election has been declared by him, the Returning Officer shall seal the ballot papers and all other documents relating to the election and shall retain the same with himself in safe custody for a period of six months and thereafter cause them to be destroyed. 24. Filling of casual vacancy :- If there is a vacancy of member elected under clauses (d) and (e) of sub-section (3) of section 3 of the Act, the President shall, subject to the provision contained in the proviso to sub-section (1) of section 5 of the Act, take steps to fill it up as soon as possible by election in accordance with the rules as above. PART 4 PART-4 25. Election of President and Vice-President :- As soon as possible after the President or Vice-President, as the case may be, ceases to hold office either because of the expiry of the term of office or for any other reason whatsoever, the Council shall proceed to elect the successor President or Vice-President. PART 5 PART-5 26. Time limit for referring election disputes :- The time limit for referring any dispute referred to in sub-section (7) of section 3 of the Act to the Government shall be, in the case of elected members, thirty days from the date of declaration of the result of election, and in the case of election of the President or Vice-President, from the date of their election. CHAPTER 2 Conduct of Business of the Council 27. Calling of meetings :- (1) The Council shall ordinarily meet for the transaction of business in the months of January, May and November in each year, but the President may, whenever he thinks fit and shall upon a written requisition of not less than 1/3rd members and on a date not later than 15 days after the receipt of such requisition, call an extraordinary meeting. (2) The exact date, hour and place of such meetings shall be decided by the President. 28. Notice for calling a meeting :- (1) All members of the Council shall be given thirty clear days notice of an ordinary meeting and ten clear days notice of an extraordinary meeting. Every notice shall also be pasted at the Office of the Council. Such notice shall specify the date, time and place of the meeting and state whether the meeting is for general business or for any special business. If the meeting is for special business, the nature of such business shall also be mentioned in the notice. (2) The Registrar shall send to all members a copy of the agenda and explanatory notes thereon ten clear days before the date fixed for an ordinary meeting. 29. Motions for insertion in agenda :- Any member may send a motion to be included in the agenda for an ordinary meeting so as to reach the Registrar twenty clear days before the date fixed for the meeting. The Registrar shall take the orders of the President for inclusion of such motion in the agenda and where any motion, is disallowed, the reasons for doing so shall also be communicated along with the agenda to the member who sent the motion, provided that the President may, for reasons to be recorded in writing, accept any motion received, after the expiry of the aforesaid period. 30. Attendance at meeting :- At each meeting an attendance register shall be placed in the meeting room and every member present shall sign against his name in the register. 31. Business to be transacted at meetings :- At an ordinary or extraordinary meeting, no business or proposition other than that specified in the agenda shall be taken up: Provided that the presidents authority may permit any business or proposition to be discussed which is of an urgent nature and which could not reasonably be entered in the notice in an ordinary meeting but not in extraordinary meeting. 32. Adjournment of meeting :- (1) Subject to the provisions of the Act, the presiding authority may, at any time for reasons to be recorded in writing, adjourn the meeting to any future day or to any hour of the same day. (2) Usually a meeting which is adjourned for want of quorum shall be started after 1/2 an hour on the same day. (3) When a meeting has been adjourned to a future day the President may change such day to any other day, and the Registrar shall send a written notice of the change to each member of the Council. The Registrar shall, if possible, send a notice of the adjourned meeting if the meeting has been adjourned for some other day due to some unforeseen circumstances which shall be recorded. (4) At an adjourned meeting, the business that is left undisposed of at the original meeting from which the adjournment took place shall, unless the President otherwise directs, take precedence over new business. 33. Minutes of meetings :- Minutes of the proceedings of each meeting of the Council shall be kept in a book to be provided for the purpose and shall include the names of the members and if any member present at the meeting so desires, the names of the members voting respectively for or against any motion. This book shall be signed by the President at the next meeting after the minutes are confirmed and shall at all reasonable times, be open for inspection by any member of the Council. Copies of the minutes shall be supplied to every member of the Council within thirty days from the date of the meeting. 34. Circulation of written proposition :- Whenever it appears necessary to the President to convene a meeting, he may, instead of convening a meeting, circulate a written proposition with the reasons for such proposition for the observation and votes of the members of the Council. 35. Fees for attendance at meetings :- Every member of the Council (including the President) who is not a Government servant shall be paid a fee of three hundred rupees per day for attending a meeting of the Council. 36. Travelling allowance for attending meetings :- The members of the council (including the President) shall be paid travelling expenses and daily allowance (T.A/D.A) for attending the meetings of the Council as follows:- Members who are Government servants may draw the travelling and halting allowance which they may be entitled to claim for travelling on official duties according to their grades under the service rules: Provided that, if a non-official member travels by air, he shall draw air fare. A certificate to the effect that the journey (one way or both ways, as the case may be) was performed by air shall be attached to travelling allowance bill. Daily (Halting) allowance shall be the same as is admissible to Class-I (Senior) grade Government employee, for the days of travel and work. CHAPTER 3 Executive Committee 37. Number of members :- The Executive Committee shall consist of the President, ex-officio, the Vice-President, ex-officio, the Director of Health Services, ex- officio, the Dean or Director, Goa Medical College, ex-officio and four members elected by the Council from amongst its members. 38. Term of office :- The members of the Executive Committee shall hold Office for one year from the date of their election. 39. Disability to continue as member :- A member shall cease to be a member of the Executive Committee.- (a) if he ceases to be a member of the Council; OR (b) if he remains absent from two consecutive meetings of the Executive Committee without the leave of absence from the Executive Committee. 40. Resignation of member :- A member may resign at any time by a notice in writing to the President. Such resignation shall take effect from the date on which it is accepted by the President. 41. Casual vacancies :- (1) The Council shall, as soon as there is a casual vacancy in the office of a member of the Executive Committee, fill it up by electing a member from amongst its members: Provided that any such vacancy occurring within two months prior to the expiry of the term of the members, shall not be filled. (2) A member elected under sub-rule (1) shall hold office so long as the member in whose place he is elected would have held it, if the vacancy had not occurred. 42. Calling of meetings :- The Executive Committee shall ordinarily meet once every two months on such date as may be fixed by the President. The President may, whenever he thinks fit and shall, upon a written requisition of not less than 3 members and on a date not later than seven days after the receipt of such request, call an extraordinary meeting. 43. Notice of meeting :- All members of the Executive Committee shall be given seven clear days notice of an ordinary meeting and three clear days notice in the case of an extraordinary meeting. Such notice shall specify the place, date and time of the meeting and state whether the meeting is a general meeting or a special meeting and the business to be transacted thereat. 44. Presiding authority :- The President, when present, shall preside at every meeting of the Executive Committee. If, at any meeting, the President is absent, the Vice- -President shall preside at such meeting. In the absence of both, the members present shall elect the presiding authority from amongst themselves. 45. Attendance at meeting :- (1) At each meeting, an attendance register shall be placed in the meeting room and every member present shall sign against his name in the register. (2) Three members including the President shall form a quorum. 46. Business to be transacted at meetings :- At any ordinary meeting and in case of extraordinary meeting no business other than that specified in the notice calling such meetings shall be transacted: Provided that the presiding authority may permit any business to be discussed which is of urgent nature and which could not reasonably be entered in the notice. 47. Adjournment of meetings :- (1) If there is no quorum present, the presiding authority shall adjourn the meeting for half an hour on the day. (2) Any special or ordinary meeting may, with the consent of a majority of members present, be adjourned from time to time but only the business left undisposed of at the meeting from which the adjournment took place shall be transacted at the adjourned meeting. 48. Decision at meeting :- (1) All questions at a meeting of the Executive Committee shall be decided by a majority of votes of the members present and voting. (2) The presiding authority shall have second or casting vote in all cases of equality of votes. 49. Minutes of meeting :- Minutes of the proceedings of each meeting of the Executive Committee shall be kept in a book to be kept for the purpose and shall include the names of the members and if any member present at the meeting so desires, the names of the members voting for or against any question. This book shall be signed by the presiding authority at the next meeting after the minutes are confirmed, and shall, at all reasonable times, be open to inspection by any member of the Executive Committee. The copies of the minutes shall be supplied to every member within fifteen days from the date of the meeting. 50. Power, duties and functions of Executive Committee :- (1) The Executive Committee shall consider all petitions or applications addressed to the Council and shall submit its report thereon to the council. (2) The Executive Committee shall consider and prepare a report of any subject which may seem to require the attention of the Council or on such subjects as may be indicated to it by the Council. (3) The Executive Committee shall consider and report to the Council on all matters concerning the inclusion or deletion of any qualification or from the Schedule to the Act. (4) The Executive Committee shall call from the authorities of any Medical College or School or from any examining body such information as may be required by the Council and place it before the Council with its report. (5) The returns of professional examinations and their results shall be collected by the Executive Committee which shall prepare annually a table of results of such examinations to be laid before the Council. (6) The Executive Committee shall appoint Disciplinary Committees to inquire into the alleged misconduct by a registered medical practitioner. This Committee shall consist of three persons and senior-most amongst them shall be the chair-person. The Registrar shall assist all such Disciplinary Committees in conducting inquiries and submission of their report to the Council. 51. Fees for attendance at meetings :- Every member, other than Government official, shall be paid a fee of Rs. 300/- per day for attending a meeting of the Executive Committee. 52. Travelling allowance for attending meetings :- T h e members shall be paid travelling allowances for attending meetings of the Executive Committee as per rates specified for Council meetings. CHAPTER 4 Registration 53. Form of Register and further particulars to be included :- The register shall be in Form 6 appended to these rules. 54. Division of Register :- The register shall be divided into the following parts, namely:- Part I shall contain the names of practitioners who possess any of the qualifications included in the First or the Second Schedule or in Part-II of the Third Schedule to the Indian Medical Council Act, 1956 (Central Act 102 of 1956). Part II shall contain the names of practitioners who possess any of the qualifications included in Part I of the Third Schedule to the Indian Medical Council Act, 1956 (Central Act 102 of 1956). Part III shall contain the names of other registered practitioners, qualifications of whom are approved by the Council from time to time. 55. Application for registration :- An application for registration shall be made in Form 15 while an application for renewal of registration shall be made in Form 10 which will be supplied by the Registrar on request. 56. Manner of paying fees :- The fees as specified by the Council shall be paid by Demand Draft made payable at Panaji, Goa. 57. Certificate of registration :- The Certificate of registration shall be given to every registered practitioner in Form 8 and signed by the Registrar. 58. Removal of name from Register at the practitioners request :- (1) A registered medical practitioner may himself make an application for the removal of his name from the register. The application shall be accompanied by a declaration in the form of an affidavit made by the applicant that no proceedings for the purposes of section 22 of the Act are pending against him or that he is not aware of any proceedings or any reason for the institution of any proceedings which might result in the removal of his name from the register or in depriving him of qualification entitling him to be registered. (2) The Registrar shall bring such application before the next meeting of the Council or the Executive Committee, which will consider the application and any objections thereto, and the President may put from the chair the question: "WHETHER THE REGISTRAR SHALL REMOVE THE APLICANTS NAME FROM THE REGISTER". (3) If the Council or the Executive Committee, as case may be, grants the application, the Registrar shall remove the applicants name from the register and send notice of such removal to the applicant by a registered letter addressed to his registered address and notify the same either in local newspaper or in the Official Gazette, as directed by the Council. 59. Provisional registration :- (1) Any person who desires to be registered provisionally under section 25 of the Indian Medical Council Act, 1956 (Central Act 102 of 1956), shall apply to the Registrar in Form 14 which will be supplied by the Registrar on request. (2) The certificate of provisional registration shall be in Form 9 and shall be printed on paper of a colour different from the paper on which the certificate of registration under rule 57 is printed. (3) This provisional registration shall entitle the person in management of patients at Government Hospital or allied institutions only with a view to obtain his degree after completion of his internship. The aforesaid certificate shall not entitle him to practice at any other institute or in private. 60. Special registration (Temporary) :- Temporary registration may be granted to a person of eminence from abroad who is invited to perform/demonstrate any surgical procedure if the inviting institute, applies to the Council to that effect along with the bio- -data and the qualifications of the invitee and such qualifications are recognised by the Council. A temporary registration will then be issued for limited purpose and period, on payment of fee of rupees two hundred only. 61. Renewal of registration :- The Registrar shall issue notice for renewal of registration in Form 7 and send it to all persons registered with the Council by Registered Post. If no reply/payment is received, a second/final notice in Form 16 shall be issued and the name thereafter be removed from the register if no renewal fee is paid within two weeks. CHAPTER 5 Inquiries 62. Complaints against registered practitioners :- (1) The Council may, suo-motu or on any complaint made to it in that behalf, hold an inquiry in respect of misconduct of any registered practitioner for the purposes of the Act. (2) Any complaint or information received in the Office of the Council about the misconduct of any registered practitioner shall be first submitted by the Registrar to the President. (3) No complaint shall be entertained unless it is in writing, addressed to the Council and signed by the person making it and shall state the grounds of complaint, and shall be accompanied by declarations as to the facts of the case. All anonymous complaints may be disregarded, by the President, unless he finds it essential to process the same in larger interest of the profession. (4) Every declaration shall state the description and true place of abode of the declarant, and where a fact stated in a declaration is not within his personal knowledge, the source of the information, and grounds for the belief of the declarant in its truth shall be accurately and fully stated. Any declaration or part thereof which is made in contravention of this rule shall not be accented as evidence. (5) If the President has reason to believe that the complaint is pseudonymous, he may call upon the complainant to furnish further particulars, for ascertaining if the complaint is genuine. 63. Procedure for submission of complaint to Executive Committee :- (1) Subject to the provisions of rules hereunder, the President may, on going through the complaint and all papers submitted by the complainant, instruct the Registrar to direct the practitioner by means of a Registered letter for any explanation he may have to offer. (2) All the documents pertaining to the complaint, including any explanation forwarded by the registered practioner, shall then be referred to the Executive Committee alongwith the remarks of the President, if any. 64. Power of Executive Committee to refer complaint to Council :- (1) The Executive Committee shall consider the complaint and may cause further investigation to be made and may take such legal advice by consulting any legal practitioner/medico legal consultant as it may deem fit. (2) The Executive Committee shall, after consideration of the case, record its opinion and refer it to the Disciplinary committee for holding an inquiry and the decision of the Disciplinary Committee shall be final. 65. Action to be taken by the Council :- The Council shall,- (a) exonerate the medical practitioner of the charges levelled against him if the explanation offered by him is considered satisfactory by the council; or (b) direct punishment to be given in accordance with the advice of the Disciplinary Committee. 66. Cases in which Executive Committee may direct an inquiry :- (1) The Executive Committee may direct in all cases in which an inquiry for the purpose of clauses (a) and (b) of sub-section (1) of section 22 of the Act is necessary to hold an inquiry by the Disciplinary Committee in accordance with the procedure as laid down under rules 65 to 73 and for that purpose the Council may appoint an assessor to advise the Disciplinary Committee, if so desired. Provided that, such inquiry shall not be necessary in cases where a registered practitioner has been convicted for misconduct within the meaning of clauses (i), (ii) and (iii) of the Explanation to sub-section (1) of section 22 of the Act. In such cases, the President shall obtain and place before the Council a copy of the Courts judgement and the Council shall thereupon decide on the punishment to be imposed under rule 65(b) read with section 22 of the Act. (2) An assessor or medico legal consultant so appointed shall be paid a remuneration of Rs. 300/- per day for attendance at an inquiry. 67. Notice of charges on registered practitioner :- (1) The Chairman and the Disciplinary Committee shall cause to be served on the registered practitioner a notice in From 11 subject to such variation as the circumstances of the case may require. Such notice shall specify the nature and particulars of the charges drawn clearly and precisely and shall inform him of the day on which the Council intends to deal with the case, and shall call upon the practitioner to put in the written statement of his defence within a period of not less than 15 days or such other period not exceeding 60 days, as may be permitted by the Disciplinary Committee and to attend before the Disciplinary Committee on such date as specified thereof. The notice shall be sent at least 3 weeks before the date of enquiry. (2) The notice shall be accompanied by a statement of allegations on which each charge is based. The relevant allegations as to facts, the inferences which they lead to and the circumstances supporting such inferences shall be clearly mentioned alongwith any other circumstances proposed to be considered while passing orders on the case. (3) Copies of the relevant documents, if any (including any document given or sent to the Disciplinary Committee by or on behalf of the other party which such other party shall be entitled on proper proof to use at the hearing as evidence in support of or in answer to the charges specified in the notice of inquiry) shall also be supplied to the registered practitioner alongwith the notice and statement of allegations. (4) Copies of any other documents or statements required by such practitioner to prepare his defence may also be supplied to him on request or he may be allowed to take copies. 68. Reply to notice :- The registered practitioner shall within the time specified in the notice or such extended period as may be permitted by the Chairman, put in written statement of his defence and state whether he desires to be heard in person by the Disciplinary Committee. 69. Council and complainant, if any, to be supplied with copies of all documents, etc :- (1) copies of all material documents including the written statement of defence, if any, which is placed before the Council as evidence in regard to the case, shall be supplied to all members of the Disciplinary Committee before the hearing of the case commences. (2) The complainant may, on application in writing, obtain copies of any explanation, statement or other documents put forth in his defence by the registered practitioner. 70. Legal assistance at inquiry :- At the hearing of the case by the Disciplinary Committee, the Executive Committee may be represented by a legal practitioner as an amicus curiae if found necessary, and the complainant as well as the practitioner also could be represented or assisted by their legal practitioners at their own cost: Provided that, where any advice is tendered to the Committee by an assessor, if appointed under the Act, on any question of law, as to evidence, procedure or any other matter, such advice shall be subject to the provisions of the Act, even though it will not be binding on the Committee. 71. Procedure of inquiry :- (1) Where as complainant appears personally or through an Advocate, the following procedure shall be followed, namely:- (a) The Registrar will read to the Executive Committee the notice of inquiry addressed to the practitioner; (b) The complainant will then be invited to state his case by himself or through his Advocate and to produce his evidence in support of it at the conclusion of the evidence of the complainant, his case will be closed; (c) The practitioner will then be invited to state his case by himself or by his Advocate and to produce his evidence in support of his case, He may address the Council either before or at the conclusion of his evidence but only once; (d) At the conclusion of the practitioners case the Executive Committee shall, if the practitioner has produced evidence, hear the complainant in reply on the case generally, but will bear no further evidence except in any special case in which the Committee may think it right to receive such further evidence. If the practitioner produces no evidence, the complainant will not be heard in reply except by special leave of the Committee; (e) Where a witness is produced by any party before the Executive Committee he will be first examined by the party producing him, and be cross examined by the opposite party and then re-examined by the party producing him. The Executive Committee reserves to itself the right to decline to admit in evidence any declaration where the declarant is not present or declines to submit to cross- examination; (f) The Chairman and the Assessor, if any, appointed under the Act, may put question to the complainant and registered practitioner including any of their witnesses; and members of the Executive Committee, through the Chairman, may likewise put questions to them. (2) When there is no complainant or no complainant appears, the following procedure shall be followed, namely:- (a) The Registrar shall read to the Executive Committee the notice of inquiry addressed to the practitioner, and will state the facts of the case and produce before the Executive Committee the evidence by which it is supported in the presence of the registered medical practitioner. (b) The practitioner shall then be invited to state his case by himself or by his legal practitioner and to produce his evidence in support of it. He may address the Executive Committee either before or at the conclusion of his evidence, but only once. (c) The legal practitioner of the Executive Committee, if any, may be heard in reply if the Executive Committee so desires. 72. Record of proceedings at inquiries :- The Chairman shall keep a record of proceedings at the inquiry held under these rules including the evidence of each witness, through the Registrar and subscribe his signature on the record each day of the proceedings. 73. Power of Committee to give further opportunity to practitioner to make statement :- Notwithstanding anything contained in these rules, after completion of the inquiry, the registered practitioner shall be given a further opportunity of making any oral or written statement. Copies of such evidence as are required by the registered practitioner for making such statement shall be supplied to him. 74. Decision of Committee and implementation :- As soon as the hearing of the case is over and the registered practitioner has made his oral or written statement, if any, the Executive Committee shall deliberate thereon in private and at the conclusion of the deliberation, the Chairman shall forward the decision of the Executive Committee to the Council for its records but shall pronounce its decision at the earliest. If it is not possible t o declare the decision immediately at any time thereafter, the Chairman shall direct the Registrar to inform the parties of the decision of the council by a Registered letter and to implement the decision, but not later than fifteen days. 75. Re-entry of name of practitioner in register :- (1) Every application for re-entry of name in the register shall be in Form 12 and specify the grounds on which the application is made. The application shall be accompanied by the applicants certificate of degree, diploma or licence and also by a certificate from any Gazetted Officer of the Government or from a Justice of Peace as to his good character since the removal of his name from the register. (2) The President shall cause such inquiries to be made as he deems fit in respect of the application and place it before the Council at its next meeting for decision. (3) The decision of the Council shall be communicated to the applicant, and if the Council agrees to re-enter the name in the register, a fee of Rs. 250/- (Rupees two hundred and fifty only) shall be paid by the practitioner before his name is entered in the register by the Registrar. CHAPTER 6 Appeals 76. Appeals :- (1) Every appeal by a person aggrieved by any decision of the Registrar and/or Executive Committee shall be addressed to the President and shall state the grounds for the appeal and shall be accompanied by all relevant documents in original which shall be returned alongwith the decision communicated under the rules. (2) The President may call for any additional particulars that may be required after going through the appeal, and the original papers on which the Registrar and/or Disciplinary Committee has given its decision. (3) The appeal shall be placed before the next ordinary meeting of the Council. The Council shall, after giving a hearing to the appellant and the Registrar, take a decision which shall be communicated to the appellant by registered post CHAPTER 7 Conditions of service of Registrar and other staff and the supervisory powers and duties of Registrar 77. Registrar :- (1) The post of Registrar shall be permanent. The Registrar shall be a full time Chief Executive Officer of the Council and shall not do any other work except with the permission of the Council. Any person on his first appointment to a clear vacancy in the Office of the Registrar, shall be on probation for one year. (2) The Registrar shall draw pay in the scale of Class-II Senior and draw dearness allowance at the rate admissible to the Government Servants drawing an equivalent pay. 78. Other employees of the Council :- No Officer or servant of the Council shall, without the previous permission of the council, engage himself in any work unconnected with the work of the Council. 79. Attendance :- (1) The Registrar and other employees of the Council shall attend Office at the hours as notified by the Government for Government offices in Goa, Panaji and at other times when considered necessary. (2) The Registrar shall not absent himself from duties without permission of the President. The other employees of the Council shall not remain absent from their duties without the permission of the Registrar. 80. Leave :- (1) Leave cannot be claimed as of right. The President shall grant leave to the clerical staff of the Council. Leave to peons shall be granted by the Registrar. The Competent authority shall have discretion to refuse or cancel leave of any description to the concerned staff. (2) Casual Leave may be sanctioned for special and unforeseen circumstances for a period of not more than eight days at a time, the total period of leave in a year being limited to fifteen days. Casual Leave may, with the permission of the sanctioning authority, be prefixed or suffixed to Sunday and holidays. (3) Every employee of the Council (including the Registrar and temporary employees) may be granted leave according to the provisions of the Central Civil Service Rules as in force in the State of Goa. 81. Retirement :- The normal age of retirement for all employees including the Registrar shall be 58 years: Provided the Council may, with the previous sanction of the Government, grant extension of service to any employee for periods not exceeding one year at a time. 82. Resignation :- (1) The Registrar may resign his office by giving three months notice in writing to that effect to the President and such resignation shall take effect from the date of acceptance of such resignation by the Council. If he leaves his office without giving any notice as aforesaid, he shall be liable to pay three months salary in lieu of such notice. (2) Any other employee of the Council may resign his office by giving one months notice in writing to the effect to the President if he is temporary, and three months notice if he is permanent, and such resignations shall take effect from the date of acceptance by the Council. In the case of failure to give the required notice the employee shall be liable to pay salaries as payable thereof in lieu of notice period. 83. Termination of services :- (1) Council may terminate the services of any employee other than the Registrar, after due enquiry giving such employee fair opportunity to explain as to why his services should not be terminated. The Council may also impose any other minor penalty on any employee other than the Registrar, after giving such employee a show cause notice: Provided that, it shall be lawful for the Council to terminate the services of its employee who is appointed on a purely temporary basis and who has given an undertaking that his services are liable to be terminated at any time without notice and without assigning any reason. (2) The Registrar, as Secretary of the Council, other than the Registrar, the President may suspend such employee pending a full fledged enquiry. During the period of suspension, such employee may be paid subsistence allowance according to the provisions of the Central Civil Service Rules as in force in the State of Goa. 84. Provident Fund :- (1) The Council shall establish a provident fund, which shall be administered, maintained and used in accordance with the rules prescribed. 85. Duties of Registrar :- (1) The Registrar shall have general control over the management of the Office. All the other employees shall be directly under the Registrar, who shall assign to them their duties. (2) The Registrar, as Secretary of the Council, shall conduct and have charge of the correspondence of the council and shall issue all requisite notices in the manner required under these rules. 86. Maintenance of account and other registers :- The Registrar shall maintain the following books and registers:- (1) Cash Book (2) Ledger; (3) Inward & Outward ledger including postage accounts; (4) Dead stock register; (5) Stock register for printed certificates; (6) Receipt Books; (7) Register for grants; (8) Voucher files; (9) Attendance roll; (10) Register of leave accounts; (11) Registers required for the F. F. of the Council; (12) Service books and (13) Other registers that may be necessary. 87. Opening of bank account :- An account shall be opened in the State Bank of India, Panaji or in any Nationalised bank, Panaji in the name of the Council and all monies of the Council shall be deposited in the Bank, subject to the provisions of rule 88. All cheques in Bank shall be signed by President/Vice President/any member of the Executive Committee and by the Registrar jointly. 88. Receipt of Money :- The Registrar shall receive all monies payable to the Council. He shall not retain in his hands any sum exceeding Rs. 1000/-, the balance lodged in the Bank to the credit of the Council. 89. Annual Statement of Income and Expenditure :- The Registrar shall, in the month of July in each year, prepare a statement of the income and expenditure of the prescending financial year, and draw the attention of the council to such matters as seen deserving of notice. 90. Annual Accounts and Audit :- The annual accounts shall be made up by the Registrar under the direction of the Executive Committee. They shall be audited by the Chief Auditor, Local fund Accounts, as soon as possible after the closed of each financial year. 91. Estimates of Revenue and Expenditure :- (1) In the month of February in each year, an estimate of the revenue and of the expenditure of the Council for the year commencing on 1st April then next ensuing, shall be laid before the Council. (2) Such estimate shall make provision for the fulfillment of the liabilities of the Council and for effectively carrying out its objects. It shall include on its revenue side, besides all revenue ordinarily anticipated, all fees received from registration and other sources. (3) The Council shall consider the estimate so estimated to it and shall sanction the same without modifications or subject to such modifications as it may deem fit. 92. Supplementary estimates :- The Council may at any time during the year for which any estimate has been sanctioned, cause a supplementary estimate to be prepared and submitted to it. Every such supplementary estimate shall be considered and sanctioned by the Council in the same manner as if it were an original annual estimate. No expenditure shall be incurred by the Council which is not duly provided for in the budget or in a supplementary budget estimate. 93. Scrutiny of claims :- A bill or other voucher presented as a claim for money shall be received and examined by the Registrar. If the claim is for a sum not exceeding Rs. 50/- and the bill is in order, he shall pay it. If the claim is for a sum exceeding Rs. 50/- but not exceeding Rs. 750/- the payment shall be made after the claim is sanctioned by the President. If the claim is for a sum exceeding Rs. 750/-, the payment shall not be made until it has been examined and passed by the Executive Committee. 94. Accounting of all sums received or spent :- The Registrar shall immediately bring into account in the cash book all monies received or spent by the Council. 95. Application of Goa Civil Service Rules :- Save as otherwise expressly provided in these rules, until the framing of the Goa Civil Service Rules, the provisions of the Central Civil Service Rules, as in force in the State of Goa, shall be applicable to the employees of the Goa Medical Council. CHAPTER 8 Miscellaneous 96. Form of list and particulars to be included :- (1) The list of registered practitioners printed and published under sub-section (1) of section 21 of the Act shall be in Form 13. The list shall be divided into different parts corresponding to the parts of the register. Every list to be published subsequent to the first list shall show the names of all persons entered in the list as on the 31st December preceding the year of such publication, and shall be published on or before a date to be decided by the Council. (2) There shall be made every year and entered in the printed list of registered practitioners, enumeration of- (i) the total number of persons on the register before the 31st December immediately preceding such year; (ii) the number of persons added by registration during such preceding year; (iii) the number restored to the register; (iv) the number removed from the register, stating the section of the Act under which the name has been removed; and (v) the number removed by reason of death. 97. Manner of publication of list :- (1) A printed copy of the list shall be published by the Registrar by exhibiting it on the notice board of his office. A notice that the printed copy of the list has been exhibited on the notice board and is available for perusal, shall be given by the Registrar in the Official Gazette and such newspapers as the Council may select. (2) The printed copies of the list shall be distributed to such Officers, institutions and other organisations as the Government may from time to time direct and as directed by the President from time to time. (3) Printed copies may also be kept for sale to the public/R.M.P. 98. Charging of fees :- Fees shall be levied by the Council as shown below: Sr. No. Purpose Rs. (i) For recording change of name in the register. 50 (ii) For entering each additional qualification specified in the Schedule to the Act or in the First Schedule or Part I of the Third Schedule to the Indian Medical Council Act, 1956. 50 (iii) For entering each additional qualification specified in the Second Schedule or Part II of the Third Schedule to the Indian Medical Council Act, 1956. 50 (iv) For issue of duplicate certificate of registration. 100 (v) For issue of a certified copy of an entry in the register. 50 (vi) Provisional Registration. 200 (vii) Permanent Registration. 500 (viii) Temporary Registration (special). 250 (ix) Continuation (Renewal) of Registration. 50