Andhra Pradesh Medical Practitioners Registration Act, 1968
[Act No. 23 of 1968]
[20th November, 1968]
Preamble
An Act to consolidate and amend the law relating to the registration of medical practitioner of modern scientific medicine in the State of Andhra Pradesh and to provide for matters connected therewith.
Be it enacted by the Legislature of the State of Andhra Pradesh in the Nineteenth Year of the Republic of India as follows:-
Section 1 - Short title extent, and Commencement
(1) This Act may be called the Andhra Pradesh Medical Practitioners Registration Act, 1968.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the Government may, by notification in the Andhra Pradesh Gazette, appoint.
Section 2 - Definitions
In this Act, unless the context otherwise requires-
(a) 'Andhra Area' means the territories of the State of Andhra Pradesh other than the Telangana area;
(b) 'approved institution' means a hospital, asylum, infirmary, dispensary, lying-in-hospital, health center or other such institution in which the methods of treatment approved by the Council are carried on;
(c) 'Council' means the Andhra Pradesh Medical Council established under Section 3;
(d) 'Government' means the State Government'
(e) 'Medical college" means the College approved by a university in the State imparting education for the full University course in modern scientific medicine in all its branches excluding veterinary medicine and veterinary surgery;
(f) 'notification' means a notification published in the Andhra Pradesh Gazette;
(g) 'prescribed' means prescribed by rules made under this Act;
(h) 'register' means the register maintained under Section 15.
(i) 'registered practitioner' means a practitioner of the modern scientific medicine whose name is for the time being borne on the register;
(j) 'State' means the State of Andhra Pradesh;
(k) 'Telangana area' means the territories specified in subsection (1) of Section 3 of the State Reorganisation Act, 1956.
Section 3 - Constitution and composition of the Council
(1) As soon as may be, after the commencement of this Act, the Government shall, by notification, establish a Council called Andhra Pradesh Medical Council which shall be a body corporate having perpetual succession and a common seal and shall by its name, sue and be sued.
(2) The Council shall consist of the following members, namely:--
1[(a) two members to be elected in the prescribed manner by the members of the executive council of the University of Health Sciences in the State from amongst the persons holding any degree in modern medicine."
(b) seven members to be elected in the prescribed manner by the register practitioners from amongst themselves:
(c) four members to be nominated by the Government of whom two shall be from amongst such members of the teaching staff of the medical colleges in the State as are registered practitioners;
1[(d) the Director of Medical Education, the Director of Health and Family Welfare and any other officer performing any of the functions of either of the said Directors to be nominated by the Government, ex-officio."
(3) No person shall be eligible for election or nomination under subsection (2) unless he has been ordinarily resident in the State for not less than five years immediately before the date of election or nomination, as the case may be.
(4) In making nominations under clause (c) of sub-section (2), the Government shall have due regard to the claims of women, of the members of the scheduled castes, of medical missions of practitioners in the service of recognised philanthropic institution and of other groups of practitioner whose representatives have not been elected under clause (a) or clause (b) of sub-section (2).
(5) No person shall be a member of the Council in more than one of the categories specified.
Footnote:
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Substituted by A.P. Act 28 of 1986.
Section 4 - Term of office of elected and nominated members
An elected or nominated member of the Council shall hold office for a term of five years from the date of his election or nomination and shall be eligible for re-election or re-nomination, as the case may be.
Section 5 - Election of Chairman and Vice Chairman
(1) The Council shall elect in the prescribed manner from amongst its members, a Chairman who shall, unless he ceases to be a member of the Council earlier, hold office for a period of two years from the date of his election as Chairman and shall be eligible for re-election:
Provided that for a period of two years from the date of the first constitution of the Council under this Act, [one of the ex-officio members referred to in clause (d) of sub-section (2) of Section 3 nominated by the Government] shall be the Chairman of the Council.
(2) The Council shall elect in the prescribed manner, from amongst its members, a Vice-Chairman who shall, unless he ceases to be a member of the Council earlier, hold office for a period of one year from the date of his election and shall be eligible for re-election.
(3) When the office of the Chairman is vacant or in the absence of the Chairman from any meeting, the Vice-Chairman shall perform the functions of the Chairman.
(4) In the absence of the Chairman and the Vice-Chairman a meeting of the Council may be presided over by a member elected by the majority of the members present at the meeting.
Section 6 - Disqualification's for becoming members
A person shall be disqualified to become a member of the Council, if such person on the date of his election or nomination to the Council-
(a) was sentenced by a criminal court for an offence involving moral turpitude, such sentence not having been reversed or the offence pardoned and a period of five years has not elapsed from the date of the expiration of such sentence;
(b) is of unsound mind and stands so declared by a competent Court, a deaf, mute or a leper;
(c) is an applicant to be adjudicated as an insolvent or an un-discharged insolvent;
(d) is interested in a subsisting contract made with, or any work being done for, the Council except as a share-holder, other than a director, in a company, or except as may be prescribed; or
(e) is an officer or servant of the Council.
Section 7 - Cessation of membership
An elected or nominated member of the Council shall cease to hold...
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