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MEDICAL DEGREES ACT, 1916
7 of 1916
16th March, 1916
An Act to regulate the grant of title implying qualifications in western medical science, and the assumption and use by unqualified persons of such titles. WHEREAS it is expedient to regulate the grant of titles implying qualifications in western medical science, and the assumption and use by unqualified persons of such titles; It is hereby enacted as follows :-
This Act has been extended to the new Provinces and Merged States by the Merged States (Laws) Act, 1949 (59 of 1949), section 3(1-1-1950) and to the States of Manipur, Tripura and Vindhya Pradesh by theUnion Territories (Laws) Act, 1950(30 of 1950), section 3(16-4-1950). Manipur and Tripura are States now-See Act No. 81 of 1971,sections 3and4(30-12-1971). Vindhya Pradesh has merged with the State of M.P.-See Act 37 of 1956,section 9(i)(e). It has also been extended to the Stales merged in the State of Bombay by Bom. Act 4 of 1950,section 3(30-3-1950). and to the transferred territories in Punjab by Punj.Act 30 of 1958, section 4and Sch. II. It has been now extended to the Union Territories of Pondicherry and Goa, Daman and Diu by Regns. 7 of 1963 (1-10-1963), and 11 of 1963 (1-2-1965), respectively. It has also been extended to the transferred territory i.e. Kanyakumari District and Shencottah taluka of Tininelveli District in Tamil Nadu by T.N. Act, 23 of 1960. It has been extended to whole of Maharashtra as it was in Bombay region of the State by Maha, Act 44 of 1961, The Act so far as it relates to the Ayurvedic and Unani systems of medicine is repealed in the State of Bihar byBih. Act 31 of 1951, section 56and in so far as it relates to Ayurvedic Medicine in the State of Orissa, byOri. Act 14 of 1960, section 58.The Act so Tar as it relates to the Homoeopathic and Biochemic systems of medicine is repealed in the State of Bihar byBih. Act 24 of 1953, section 54and in the State of Orissa byOri. Act 7 of 1957, section 55.Andhra Pradesh: Same as that of Tamil Nadu - See T.N. Act 20 of 1940, section 2, read with A.P. Act 9 of 1961, section 3, 1st Sch.Assam: In the Preamble, for the words "of such titles" substitute the words "of such titles and of titles implying qualifications in other system of medicine."-Assam Act 16 of 1948, section 2 (20-10-1948).Bihar: In the long title and in the preamble after the words "western medical science" insert the words "or in the Indian system of medicine."-Bihar Acts 20 of 1949, section 2 (1-12-1949) and 24 of 1953, section 54 (1-3-1955).Madhya Pradesh: Same as that of Assam.- C.P. and Berar Act 35 of 1948, section 2 (29-10-1948).Maharashtra: Amendment made by C.R.B. Act 35 of 1948, in the long title of the Act, prevailing in the Vidarbha region is deleted by Maha. Act 44 of 1961, section 2(a) (12-10-1961).Tamil Nadu: Same as that of Assam.-T.N. Act 20 of 1940, section 2 (28-1-1941)
SECTION 01: SHORT TITLE
This Act may be called the Indian Medical Degrees Act, 1916.
SECTION 02: DEFINITIONS
In this Act "western medical science" means the western methods of Allopathic medicine, Obstetrics and Surgery, but does not include the Homoeopathic or Ayurvedic or Unani system of medicine1[and "State" means all2[the territories which immediately before the 1st November, 1956, were comprised] within Part A States and Part C States].
SECTION 03: RIGHT TO CONFER DEGREES, ETC
The right of conferring, granting, or issuing in the3[States] degrees, diplomas, licences, certificates or other documents stating or implying that the holder, grantee or recipient thereof is qualified to practise western medical science, shall be exercisable only by the authorities specified in the Schedule, and by such other authority as the4[State Government] may, by notification in the5[Official Gazette], and subject to such conditions and restrictions as6[it] thinks fit to impose, authorise in this behalf.
SECTION 04: PROHIBITION OF UNAUTHORISED CONFERMENT OF DEGREES, ETC.
Save as provided by section 3-, no person in the7[States] shall confer, grant, or issue or hold himself out as entitled to confer, grant, or issue any degree, diploma, licence, certificate or other document staling or implying that the holder, grantee or recipient is qualified to practise western medical science.
SECTION 05: CONTRAVENTION OF SECTION 4
Whoever contravenes the provisions of section 4-shall be punishable with fine which may extend to one thousand rupees; and, if the person so contravening is an association, every member of such association who knowingly and wilfully authorises or permits the contravention, shall be punishable with fine which may extend to five hundred rupees.
SECTION 06: PENALTY FOR FALSELY ASSUMING OR ISSUING MEDICAL TITLES
Whoever voluntarily and falsely assumes, or uses any title or description or any addition to his name implying that he holds a degree, diploma, licence or certificate conferred, granted or issued By any authority referred to in section 3-, or recognised by the General Council of Medical Education of the United Kingdom, or that he is qualified to practise western medical science, shall be punishable with fine which may extend to two hundred and fifty rupees, or, if he subsequently commits, and is convicted of, an offence punishable under this section, with fine which may extend to five hundred rupees: Provided that nothing in this section shall apply to the use by any person of any title, description, or addition which, prior to the commencement of this Act, he used in virtue of any degree, diploma, licence or certificate conferred upon, or granted or issued to him.
SECTION 06A: PENALTY FOR UNAUTHORISED USE OF TITLES, ETC., IMPLYING MEDICAL QUALIFICATIONS
(1) No person shall add to his name any title, description, letters or abbreviations which imply that he holds a degree, diploma, licence or certificate as his qualification to practise any system of medicine unless-
(a) he actually holds such degree, diploma, licence or certificate; and
(b) such degree, diploma, licence or certificate-
(i) is recognised by any law for the time being in force in India; or
(ii) has been conferred, granted or issued by an authority referred to in section 3; or
(iii) has been recognised by the General Council of Medical Education of the United Kingdom; or
(iv) in cases not falling under sub-clause (i), sub-clause.(ii) or sub-clause (iii), has been conferred, granted or issued by an authority empowered, or recognised as competent, by the State Government to confer, grant or issue such degree, diploma, licence or certificate.
(2) Whoever contravenes the provisions of sub-section (1) shall, notwithstanding anything contained in section 6-, be punished in the case of first conviction, with fine which may extend to two hundred and fifty rupees and in the case of subsequent conviction, with fine which may extend to five hundred rupees.''-Assam Act 16 of 1948, section 3(20-10-1948).
SECTION 07: COGNIZANCE OF OFFENCES
No Court shall take cognizance of an offence punishable under this Act except upon complaint made by order of the8[State Government], or upon complaint made by order of the8[State Government], or upon complaint made, with the previous sanction of the 8[State Government], by a Council of Medical Registration established by any enactment for the time being in force in the8[State].
SECTION 08: JURISDICTION OF MAGISTRATES
No Court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence punishable under this Act.
SCHEDULE 01: THE SCHEDULE
(See section 3-) 1. Every University established by[a Central Act]. 2. The State Medical Faculty in Bengal. 3. The College of Physicians and Surgeons of Bombay. 4. The Board of Examiners, Medical College, Madras. Bihar : After item 4, add the following items, namely :- "5. A Board of the Indian system of medicine constituted by an Act of the State Legislature or recognised by the State Government. 6. The Bihar Sanskrit Association."-Bih. Acts 20 of 1949, section 5 (1-12-1949) and 24 of 1953 (1-3-1955).
Footnotes:
1. Added by A.L.O., 1950.
2. Substituted for the words, "the territories for the time being comprised," by 2 A.L.O., 1956.
3. Substituted for the word 'Provinces' by A.L.O., 1950.
4. Substituted for the words 'Provincial Government' by A.L.O., 1950.
5. Substituted for the words 'Gazette of India' by A.O., 1937.
6. Substituted for the word 'he' by A.L.O., 1937.
7. Substituted for the word 'Provinces' by A.L.O., 1950.
8. Substituted for the words "Provincial Government" or for the word "Provinces" by A.L.O., 1950.
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