1916 : Pb. Act II
MEDICAL REGISTRATION
THE PUNJAB MEDICAL REGISTRATION ACT, 1916
PUNJAB ACT II OF 1916

Arrangement of Sections

PREAMBLE SECTIONS
Short title and extent.
  •  
Commencement of Act.
Definitions.
Privileges of registered practitioners
Constitution of Medical Council.
Qualifications of members
Tenure of office of members.
Cessation of membership
Filling up of vacancies.
Registrar and other officers
Medical register
Meetings of Council
Persons who may be registered
Entry of new titles and qualifications in register.
Appeal against the decision of registrar.
Alteration of register by Council
Procedure in inquiries and appeals.
Appeal against the decision of Council.
Limiting of jurisdiction of civil courts
Power of State Government to alter schedule
Power of Council to call for information regarding efficiency of teaching and to attend examinations.
Control by State Government.
Penalty for falsely pretending to be a registered practitioner.
Power to make rules and bye-laws.
Repealed.
THE SECHDULE
1916 : Pb. Act II
MEDICAL REGISTRATION
THE PUNJAB MEDICAL REGISTRATION ACT, 1916
PUNJAB ACT II OF 1916
[Received the assent of the Lieutenant-Governor of the Punjab on the 6th April, 1916, and that of the Governor-General on the 17th May, 1916, and was First published in the Punjab Gazette of the 24th February, 1916.]
1
2
3
4
Year
No.
Short title
Whether repealed or otherwise affected by legislation
1916
II
The Punjab Medical Registration Act,1916
Amended by Punjab Acts, XII of 1926 and I of 1928
(Adaptation Indian)
Amended, Government of India Laws) Order, 1937.
Amended, The Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948 (G.G.O. 40 of 1948)
Amended, Adaptation of Laws Orders, 1950
Amended by the Adaptation of Laws (Third Amendment) Order, of 1951
Extended to the territories which immediately before the Ist November, 1956, were comprised in the Patiala and East Punjab States Union by Punjab Act No. 30 of 1958

1
For Statement of Objects and Reasons, see Punjab Gazette, 1915, Part V, page 184, for Select Committee’s Report, see ibid, Part V, 1916, pages 7 – 13, for Debates in Council, see ibid, 1915, Part V, pages 210 – 14, and ibid, 1916, pages 155-76.
2
See Punjab Gazette, 1916, Part V, pages 267-70.
3
For Statement of Objects and Reasons, see East Punjab Government Gazette, 1926, Part I, page 1002.
4
For Statement of Objects and Reasons, see Punjab Gazette, 1928 Part I, page 2.
1916 : Pb. Act II]
MEDICAL REGISTRATION
PUNJAB ACT II OF 1916
An Act for the Registration of Medical Practitioners
Preamble.
WHEREAS it is expedient to provide for the registration of certain medical practitioners Punjab; It is hereby enacted as follows: -
ShortTitle. Extent.Commencement Of Act.

(1) This Act may be called the Punjab Medical Registration Act, 1916.
(2) It extents to Punjab.

  The provisions of section 4 shall come into force on such 3date as the 4 [State] Government may notify in this behalf. The rest of this Act shall come into force at once.
Definitions. In this Act unless there is something repugnant in the subject or context –
(1) “The British Medical Acts” means Statutes 21
and 22, Victoria, Chapter 90 (The Medical Act) and any Act amending the same:

(2) “Council” means the Medical Council
established by this Act;

(3) “Prescribed” means prescribed by rule or bye
laws made under this Act:

(4) “Registered practitioner” means any person
registered under the provisions of this Act.

Privileges of registered practitioners 4. Notwithstanding anything to the contrary in any enactment, rule, bye- law or any
other provision of law –

(1) no certificate required by any Act in force, or that may hereafter be passed, from a medical practitioner or officer shall be valid unless signed by a registered practitioner;

1Substituted for the words “East Punjab” [ which had been inserted for the words “the Punjab” by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order 1948], by the Adaptation of Laws (Third Amendment) Order, 1951.
2Substituted by Adaptation of Laws Order, 1950, for “East Punjab”, which had been substituted for “the Punjab” by A.O. 1948.
3The provisions of section 4 came into force on Ist January, 1918, - vide Punjab Gazette (Home- Medical) notification No. 16493, dated the 27th August, 1919.
4Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

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(2) except with the special sanction of [State] Government no one other than a registered practitioner shall be competent to hold any appointment as physician, surgeon or other medical officer in any hospital, asylum, infirmary, dispensary or lying-in hospital not supported entirely by voluntary contributions or as medical officer of health.
Constitution of (5) (1) A Medical Council shall be established for Medical Council Punjab, and shall consist of 2[eleven] members including a president and a vice-president to be appointed in the following manner : -

(a) The president nominated by the ‘[State] Government.

[(b) 4 [Four] members nominated by the [ State] Government of whom one shall be 5 * * * *
a person recommended by the Chief Commissioner, Delhi.
* * * *

(c) 6* * * *

(d) Three members elected by the registered practitioners who are Graduates or Licentiates in Medicine of 7[any University in India].

(e) 8[Two members elected by the registered practitioners who hold a diploma from a 1[State] Government declaring them to be

1Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2Substituted for the word “sixteen” (which had been substituted for the word “Thirteen” by Punjab Act, XII of 1926, section 2) by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order 1948.
3Substituted for the old clause by Punjab Act, XII of 1926.
4Substituted for the word “eight by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.
5The words “an independent medical practitioner practicising in the Punjab, two shall be person recommended by the Chief Commissioner, North-West Frontier Province, and one shall be” were omitted by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order 1948.
6Omitted by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order of 1948, (G.G.O 40)
7Substituted for the words “the University of the Punjab” by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order of 1948 (G.G.O. 40).
8Substituted for the words “one member” by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order of 1948 (G.G.O 40).
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MEDICAL REGISTRATION
Qualified to perform the duties of a Hospital
Assistant or a Sub-Assistant Surgeon.

(f) One member elected by all other registered
Practitioners.

(2) The vice-president shall be elected from among
the members of the Council in the prescribed manner.

Qualifications of 6 No person shall be eligible to be a member of the members Council unless he is a registered practitioner :

Provided that in the case of first appointments made under this Act the persons electing the members under clauses 1* * * *(d), (e) and (f) of sub-section (1) of section 5 and the members appointed shall be persons who are qualified to be registered under clauses (a) and (b) of section 13.

Tenure of office 7 The members of the Council shall hold office for a of members term of three years and shall be eligible for reappointment

Cessation of 8. A member of the Council shall be deemed to have membership vacated his seat –

(1) on sending his resignation in writing to the president or registrar;
(2) on his absence without excuse sufficient in the opinion of the Council from three consecutive meetings of the Council;
(3) on his absence out of India for six consecutive months;
(4) on removal of his name from the register;
(5) on his becoming insane or being declared an insolvent by any competent court;
(6) on expiry of the term mentioned in section
7.

Filling up of 9. When the seat of any member becomes vacant, vacancies the vacancy shall be filled up by election or nomination, as the case may be, in accordance with the provisions of section 5.

1The brackets and letter “ (c” omitted by the Indian Independence, (Adaptation of Bengal and Punjab Acts) October, 1948
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MEDICAL REGISTRATION
 
10. (1) The Council shall appoint a registrar who Registrar and
shall act as Secretary of the Council and who shall other officers
also act as treasurer, unless the Council shall appoint
another person as treasurer. Every person so appointed
shall be removable at the pleasure of the Council.
(2) The Council may also employ such other
persons as it may deem necessary for the purposes of this
Act.
(3) All persons appointed or employed under this
XLV of section shall be deemed to be public servants within
1860 the meaning of section 21 of the Indian Penal Code.
 
11. It shall be the duty of the registrar to open Medical register and maintain, in accordance with the provisions of this Act, a register, to be called the Punjab Medical Register, and from time to time to revise the register and publish it in the prescribed manner. Such a register shall be deemed to be a of 1872 public documents within the meaning of the Indian Evidence Act, 1872.
 
12. No business shall be transacted at a meeting Meetings of of the Council unless at least 1[six] members are present. Council

All questions, other than questions of order, which may come before the Council shall be decided in accordance with the votes of the majority of the members present and voting at the meeting. In the case of an equality of votes the member presiding at the meeting shall have a casting vote.

Questions of order shall be decided by the member presiding at the meeting.

  13. Every person who - Persons who may be registered

(a) is for the time being registered or qualified to be registered under the British Medical Act, or

(b) is possessed of any off the qualifications described in the schedule.

1Substituted for the word “seven” by the Indian Independence
(Adaptation of Bengal and Punjab Acts), Order of 1948 (G.G.O. 40)
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MEDICAL REGISTRATION
  may apply to the registrar to be registered and on payment of the prescribed fee and on furnishing to the registrar proof of such registration of qualification shall be entitled to be registered, and thereupon, but subject always to the provisos hereinafter contained, the registrar shall register him in the Punjab Medical Registrar :
Provided that any person already registered under any Medical Registration Act in force in any other 1[State] in India shall be exempted from the registration fee leviable under this clause :
Provided also, that the 2[State] Government may after consulting the Council permit the registration of (a) any person who shall furnish to the registrar proof that he is possessed of a medical degree, diploma or certificate of any University, medical college or school approved by the Council, other than those described in the schedule, and (b) any person who was actually practising medicine in 3Punjab 4[ * * 5 * *] or the Delhi 1[State], before the 25th day of September, 1915.

Provided further, that the Council may refuse to permit the registration of any person who has been convicted of any such offence as implies in the opinion of the Council a defect of character or who, after an inquiry at which opportunity has been given to the candidate to be heard in person or by pleader, has been held by the Council to have been guilty of infamous conduct in any professional respect :

Provided further, that the registrar on receiving an application for entry in the register from any person in respect of whom he considers that the Council may wish to exercise the power of refusal conferred by the last foregoing proviso may refer the application to the Council, and shall not make any entry in the register in respect of such a person.

  1Substituted for the word “Province” by the Adaptation of Laws Order, 1950.
2Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3Substituted by Adaptation of Laws Order, 1950 for “East Punjab”, which had been substituted for ”the Punjab” by G.G.O. 40 of 1948.
4Inserted by section 2 of Punjab Act, I of 1928.
5The words “or the North West Frontier Province” omitted by the India (Adaptation of Existing Indian Laws) Order, 1947, page 4(i).
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MEDICAL REGISTRATION
  until the Council informs him that the entry is permitted.
  14. If any person whose name is entered in the Entry of new
register obtain any title or qualification other than titles and quali-
the title or qualification in respect of which he has fications in register.
been registered he shall on payment of the prescribed
fee be entitled to have an entry stating such other
title or qualification made against his name in the
register either in substitution for or in addition to any
entry previously made.
  15. An appeal shall lie to the Council against any Appeal against
order of the registrar under section 13 or section 14. the decision of
The said appeal shall be preferred within three registrar.
months from the date of the order appealed against.
  16. (1) The Council may, if it sees fit, and after Alteration of
giving notice to the person concerned and inquiring register by
into his objections, if any, order that any entry in the Council
register which shall be proved to the satisfaction of
the Council to have been fraudulently or incorrectly
made or brought about, be cancelled or amended.

(2) The Council may direct the removal
altogether or for a specified period from the register
of the name of any registered practitioner who has
convicted of any such offence as implies in the opinion
of the Council a defect of character or who, after an
enquiry at which opportunity has been given to such
registered practitioner to be heard in person or by
pleader, has been held by the Council to have been
guilty of infamous conduct in any professional respect.
The Council may also direct that any name so removed
shall be restored.
  17. (1)The Council may at its discretion hold an Procedure in
inquiry under section 13 or section 16 in camera. Inquiries and appeals.
(2) For the purpose of any inquiry or of any appeal
under section 15, the Council shall be deemed to be a
court within the meaning of the Indian Evidence
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MEDICAL REGISTRATION
Act, 1872, and shall exercise all the power of a Com- 1 of 1872 Missioner appointed under the Public Servants’ ( In-
quiry) Act, 1850; and such inquiries and appeals shall XXXVII be conducted, as far as may be, in accordance with the of 1850 provisions of section 5 and sections 8 to 20 of the said Public Servants’ (Inquiries) Act, 1850).
Appeal against 18.An appeal shall lie to the 1[Sate] Govern-
the decision of ment against every decision of the Council under sect-
Council. tion 13 or section 16. Such appeal shall be preferred
within three months from the date of the Council’s
decision.
Limiting jurisdiction civil courts 19.No act done in the exercise of any power con-
jurisdiction ferred by this Act on the 1[State] Government or the
civil courts Council or the registrar shall be questioned in any
civil court.
Power of State Government to Alter schedule. It shall be lawful for the 1[State] Govern-
Government to ment by notification in the 2[Official Gazette] to alter
Alter schedule. the Schedule.
Power of Council to call for information regarding effi-ciency of teaching and to attend
examinations
The Council shall have power to request the
cil to call for governing body or authorities of any University, medical
information college or school, included in or desirous of being in-
regarding effi- cluded in the schedule –
  (a) to furnish such reports, returns or other
information as the Council may require to enable
to judge of the efficiency of the instruction given
therein, in medicine and surgery and midwifery; and

(b) to provide facilities to enable any member of the
Council deputed by the Council in this behalf to
be present at the examination held by such
University, college or school.

If the said body or authorities refuse to comply with
any such request the 2[State] Government may upon
report by the Council remove such University, college

1Substituted for the word “Provincial” by the Adaptation of Laws
Order, 1950.
2Substituted for the words “Punjab Gazette” by the Government
of India (Adaptation of Indian Laws) Order, 1937
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MEDICAL REGISTRATION
  or school from the schedule or refuse to include it in
the schedule.
  22. If at any time it shall appear to the 1[State} Control by State
Government that the Council has neglected to exercise Government
or has exceeded or abused any power conferred upon it
under this Act or has neglected to perform any duty
imposed upon it by this Act, the 1[State] Government
may communicate the particulars of such neglect, ex-
cess or abuse to the Council; and, if the Council fails
to remedy such neglect, excess or abuse within such
time as may be fixed by the 1[State] Government in
this behalf, the 1[State] Government may, for the purpose
of remedying such neglect, excess or abuse, cause
any of the powers and duties of the Council to be exercised
and performed by such agency and for such period as
the 1[State] Government may think fit.
  23. Every person who falsely pretends to be a regis- Penalty for
tered practitioner shall, whether any person is actually falsely pretending
deceived by such pretence or not be liable to be to be a regis- punished on conviction by a magistrate of the first class tered practitioner
with fine that may extend to three hundred rupees.
  24. (1) The 1[State] Government may after prev- Power to make
ious publication make rules for the purpose of carrying rules and bye-laws
out the provisions of this Act.
  In particular and without prejudice to the generality
of the foregoing provision, the 1[State] Government
may make rules –

(i) for the election of members to the Council
under Sections 5 and 6;
(ii) for the election of the vice-president of the
Council;
(iii) to regulate the procedure at an inquiry held
under section 13 or section 16;
(iv) for the institution, hearing and disposal of
appeals under section 15 or section 18;
(v) for the compilation and publication of the re-
gister;

1Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950
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  MEDICAL REGISTRATION
  (vi) to fix the amount of fees to be levied under this Act;
(vii) for the disposal of fees received under this Act.
  The Council may, with the previous sanction of the 1[State] Government, make bye-laws -
  (i) for the convening of meetings of the Council;
(ii) for the conduct of business at such meetings;
(iii) for the appointment control pay and allowances of the establishment employed under section 10.
1[25. * * * * * * *].
  THE SCHEDULE
  (1) The Degree of Doctor, Bachelor or Licentiate of Medicine, or Master, Bachelor or Licentiate of Surgery of the University of Madras, Bombay, Calcutta, Allahabad, 2[the Punjab or the Punjab in Pakistan] the Universities of Sheffield. Bristol and Wales, the National University of Ireland and the Queen’s University of Belfast.
(2) The Degree of Doctor, Bachelor or Licentiate of Medicine, Master, Bachelor or Licentiate of Surgery or Master in Obstetrics of the Universities of Oxford, Cambridge, London, Durham, Manchester, Birmingham, Liverpool, Leeds, Edinburgh Aberdeen Glasgow, St. Andrews and Dublin, the Royal University of Ireland and the Universities of Adelaide, Malta, Melbourne, New Zealand, Sydney, Dalhousie, McGill and Laval.
(3) The Degrees of Fellow, Member or Licentiate of the Royal Colleges of Physicians of London, Edinburgh and Ireland.

1Section 25. Inserted by the Government of India (Adaptation of Indian Laws) Order, 1937, has been omitted by the Adaptation of Laws (Third Amendment) Order, 1951.
2Substituted for “the Punjab or East Punjab” by Adaptation of Laws (Third Amendment) Order, 1951. “The Punjab or East Punjab had been substituted for the Punjab” by G.G.O. 40 of 1958.

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  MEDICAL REGISTRATION
  The Degree of Fellow, Member or Licentiate of the Royal
Colleges of Surgeons of England, Edinburgh and Ireland.
  The Degree of Fellow Member or Licentiate of the
College of Physicians and Surgeons of Bombay.
  The Degree of Licentiate of the Apothecaries’ Society of
London, Fellow and Licentiate of the Royal Faculty of Physicians and Surgeons of Glassgow, Licentiate of the Apothecaries Hall of Dublin, Licentiate of Medicine and Surgery of the Medical College of Ceylon, the Nova Scotia Provincial Medical Board, and the Prince Edward Island Medical Council.
  A Diploma or Certificate 1[granted] by a 2[State]
Government or the Government of Burma to any person trained in a Medical College or School declaring him to be qualified to practise medicine, surgery and Midwifery, or to perform the duties of a military assistant surgeon, hospital assistant or sub-assistant surgeon.
  A Diploma or Certificate granted by the King Edward
Hospital Medical School at Indore to any person declaring him to be qualified to practise medicine surgery and Midwifery, or to be qualified for the duties of a Military assistant surgeon, hospital assistant or sub-assistant surgeon.
1Substituted for the words “granted by a Local Government” by the Government of India (Adaptation of Indian Laws) Order 1937.
2Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.