Indian Medical Council Rules, 1957
TO BE PUBLISHED IN PART II- SECTION 3 OF THE GAZETTE OF INDIA
No.F.5-2/57-MI.Government of India Ministry of Health
Dated New Delhi, the 16th April, 1957.NOTIFICATION
S.R.O. In exercise of the powers conferred by section 4 and 32 of the Indian Medical Council Act, 1956(102 of 1956), the Central Government hereby makes the following rules, namely:-
FORM No. I
Nomination paper (See Rule 11)
Election under clause I of sub-section (1) of section 3 of the Indian Medical Council Act, 1956
Declaration by the candidate
I hereby declare that I agree to this nomination.
Signature of the candidate
This nomination paper was received by me at ________ hour on the ___________ (Date).
Instructions2. Nomination papers which are not received by the Returning Officer before (hour) on the ________(date) will be invalid.
FORM No. II – VOTING PAPER
(See rule 16(2))
Serial Number Names and addresses of Vote
1. Each elector has one vote.
2. He shall vote by placing the mark X opposite the name of the candidate whom he prefers.
3. The voting paper shall be invalid if –
(a) it does not bear the Returning Officer’s initials or facsimile signatures; or
(b) the voter signs his name or writes a word or makes any mark or it, by which it becomes recognizable as his voting paper; or
(c) no vote is recorded thereon; or
(d) the mark X is placed opposite the names of more than one candidate or if the mark is so placed as to render it doubtful to which candidate it is intended to apply.
FORM No. III
Number on the State Medical Register________________
I _____________(Name in full, and designation, if any) declare that I am an elector for the election of a member, to the Medical Council of India by the electorate under clause (c) of sub-section (1) of section 3 of the Indian Medical Council Act, 1956 and that I have signed no other voting paper at this election.
FORM No. IV
The persons whose names are printed on the voting paper sent herewith, have been duly nominated as candidates for election to the Medical Council of India. Should you desire to vote at the election, I request that you will __________________.
(a) fill up and sign the declaration paper;
(b) mark you vote in the column provided for the purpose in the voting paper as directed on the voting paper;
(c) enclosed the voting paper in the smaller cover; and stick it up; and
(d) enclose the smaller cover and the declaration paper in the outer envelop addressed to me and return the same to me by post or deliver it in person in my office so as to reach me not later than 5 p.m. _________________ on the __________ of 200___
2. The voting paper will be rejected, if ____________________________
(a) the outer envelope enclosing the voting paper cover is not sent by post or deliver it in person in my office or received later than the hour fixed for the closing of the poll, or
(b) the outer envelope contains no declaration paper outside the smaller cover; or
(c) the voting paper is placed outside the voting paper cover; or
(d) the declaration paper is not the one sent by the Returning Officer to the voter; or
(e) more than one declaration paper or voting paper cover have been enclosed in one and the same outer envelope; or
(f) the declaration is not signed by the elector; or
(g) the voting paper is invalid.
“(h)The State Registration Number is not given by the elector in the declaration paper.”
3. A voting paper will be invalid, if:-
(i) it does not bear the Returning Officer’s initials or facsimile signature; or
(ii) a voter signs his name, or writes any word or makes any mark which it becomes recognizable as his voting paper; or
(iii) no vote is recorded thereon; or
(iv) the number of votes recorded thereon exceeds the number to be filled; or
(v) it is void for uncertainty of the vote exercised.
4. If a voting inadvertently spoils a voting paper, he can return it, not later than seven days before the date appointed for the pool, to the Returning Officer who will, if satisfied of such inadvertence, issue to him another voting paper.
5. The scrutiny and counting of votes will begin ________on ________(date) at _______(hour).
6. No person shall be present at the scrutiny and counting except the Returning Officer, such other persons as he may appoint to assist him, the candidates or their duly authorized representatives.
New Delhi, dated 4th November, 1980
In exercise of the powers conferred by Section 4 and Section 32 of the Indian Medical Council Act (102 of 1956), the Central Government hereby makes the following rules to amend the Indian Medical Council Rules,1957, namely :-
1. (1) These rules may be called the Indian Medical Council (Amendment) Rules, 1980.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Indian Medical Council Rules,1957
(a) for Rule 4, the following rule shall be substituted, namely :-
4. The members of the Senate of the University or in the case the University has no Senate, the members of the Court shall elect a member from amongst the members of medical faculty of the University in the following manner, namely :-
(a) the date, time and place of the election shall be intimated to each of the members by the Registrar or the University atleast thirty days before the date of meeting in which the election is proposed to be held;
(b) any member present at the meeting shall be entitled to propose a name of any member present from amongst the members of the medical faculty, for election as a member of the Medical Council of India and such proposal shall be required to be seconded by a member other than the proposer or the one whose name is proposed; Provided that one member shall be entitled to propose or second only one name;
(c) any candidate may withdraw his candidature before the actual election;
(d) if the name of only one candidate is duly proposed and seconded, the
Registrar of the University shall forthwith declare such candidate as duly elected;
(e) if the number of candidates duly proposed and seconded exceeds one, an election shall be held by secret ballot;
(f) before the commencement of the actual election on the date so intimated, the Registrar of the University shall invite the members to inspect the ballot box, in case they may like to do so, and he shall then lock the box;
(g) on the date of actual election, the members present in the meeting shall, one by one, sign against their names in the list which contains the names of all the members in alphabetical order and is placed alongwith the side of the ballot box;
(h) after a member has signed his name in said list, he shall be given a ballot paper containing the names of all the candidates and signature of the Registrar of the University, which he shall drop into the ballot box after affixing thereon a cross (X) mark against the name of the candidate of his choice;
(i) as soon as all the members present and wishing to exercise the right to vote have done so, the Registrar of the University shall, in the presence of the candidates who may be present in person, open the ballot box and take out from it all the ballot papers and examine them and reject as invalid any ballot paper if :-
(A) it does not bear the signature of the Registrar of the University; or
(B) the member signs his name or writes any word or makes any mark on it by which it becomes recognizable as his ballot paper; or
(C) no vote is recorded thereon; or
(D) there is uncertainty of the vote exercised; or
(E) the vote has been given in favour of more than one candidate;
(j) the Registrar of the University shall then proceed to arrange the valid votes according to the candidates in whose favour they had been cast and count them separately for each candidate;
(k) after the counting is over, the Registrar of the University shall make an announcement in the meeting about the votes secured by each of the candidate and he shall also declare the candidate securing the largest number of valid votes as duly elected to be a member of the Medical Council of India.
(l) in the event of two or more candidates securing the same number of votes and that number being more than the number of votes secured by any candidate other than the two or more securing the same number of votes, the determination as between such candidates shall be by draw of lots and the candidates on whom the lot falls shall be declared elected;
(b) in Form IV in Sub-paragraph (d) of paragraph 1 and in sub-paragraph ((a) of paragraph 2 for the words ‘by Registered post”, the words “by post” shall be substituted.
No. V.11025/71/78-ME (P)
Copy forwarded for information to :-
1. The Secretary, Medical Council of India, Temple Lane, Kotla Road, New Delhi.
2. Dte. G.H.S.M. (F&B), Section.
3. All State Governments/Union Territories.
4. All Universities (having medical faculties).
5. Ministry of Law, Justice & Company Affairs, New Delhi.
6. National Medical Library, New Delhi.
7. Chief Legislature Committee Officer, Lok Sabha Secretariat, Parliament House, New Delhi.
(TO BE PUBLISHED IN PART-II-SECTION 3 OF THE GAZETTE OF INDIA)
New Delhi, the 29.5.1992
G.S.R. In exercise of the powers conferred by section 4 and 32 of the Indian Medical Council Act (102 of 1956), the Central Government hereby makes the following rules further to amend the Indian Medical Council Rules,1957, namely :-
(2) They shall come into force on the date of their publication in the official Gazette.
2. In the Indian Medical Council Rules,1957 :-
(1) in rule 17, the words “registered” and “or received by unregistered post” wherever they occur shall be omitted.
(2) In rule 19, in the heading, the word “registered” shall be omitted.
The Principal Rules were published vide SRO. 1319 dt. 16.4.1957. Subsequently amended by S.O. 3229, dt. 4.11.1980.
No. V.11013/1/92-ME (UG)