Medical Council of India Standing Orders
MEDICAL COUNCIL OF INDIA
(Approved by the Govt. of India vide letter No. 4-55/65-MPT dated
25.6.70 – Under Section 9(5) of the Indian Medical Council
** ** **
These Standing Orders shall be called THE MEDICAL COUNCIL
OF INDIA STANDING ORDERS.
Extent of Application.
- These Standing Orders shall apply to all servants of
Medical Council of India. They shall not apply in whole and in
part to any servant of the Medical Council of India, between whom
and the Council a specific contract or agreement subsists in
respect of any matter dealt with in these Standing Orders or to
any Council servant, to whom the competent authority may, by
general or special order, direct that they shall not apply in
whole or in part. If any doubt arises as to whether these Standing
Orders apply to any person or not, the decision shall lie with the
Medical Council of India.
- Nothing in these Standing Orders shall be construed to
alter or interpret to his disadvantage the rule regulating the
service of any of the Council’s servants on the date of
application of these Standing Orders.
- The power of interpreting, changing and amending these
Standing Orders is vested in the Medical Council of India.
- In case where these Standing Orders do not make any
provision, the Government of India Rules shall apply.
- In these Standing Orders :-
GENERAL CONDITIONS OF SERVICE
Secretary, Deputy Secretary, Assistant Secretary, Ministerial
staff and Class IV as defined in the Regulations.
- Conditions regarding health and age
- No person may be substantively appointed to a permanent
post under the Council without a medical certificate of Health
signed by the Civil Surgeon of the district. The Council may,
however, in individual cases, dispense with the production of a
medical certificate. Such certificate will not be required when
a person is appointed to a particular post on contract basis for
a fixed period. If, however, subsequently such contract is
converted into permanent employment under the Council, a
certificate of health will be required unless otherwise directed
by the Council.
- Ordinarily the age limit will be as in Fundamental
Rules, but the appointing authority shall reserve the right to
waive the age limit, and the appointment of a person to a
particular post will be determined by the suitability of the
person for that particular post. Whole-time of a Council servant
at the disposal of the Council.
- Unless in any case it be otherwise distinctly provided the
whole time of a servant of the Medical Council of India is at the
disposal of the Council and he may be employed in any manner
required by the proper authority. No servant of the Council can
engage in any trade, business or occupation involving profit or
emoluments, without the previous sanction of the Executive
Committee. Substantive Appointment or lien
- Two or more Council servants cannot be appointed
substantively to the same permanent post at the same time. A
Council servant cannot be appointed substantively to a post on
which another Council servant holds a lien. The lien of a Council
servant on a particular post can be suspended for a certain period
or terminated by the order of the Council.
Subscription of Provident Fund.
- The Medical Council of India Contributory Provident Fund
is established for the benefit of its permanent employee including
those appointed on fixed term or contract basis provided the
latter (Employees on fixed term or contract basis) are not in
receipt of pension from elsewhere.
- A temporary employee who has completed one year of
continuous service in the Council shall be eligible to subscribe
to the C.P.F.
- All employees of the Council shall be required on
completion of one year’s continuous service or on confirmation,
whichever is earlier, in the Council, to join the Contributory
- The Fund shall be administered by the Secretary in
accordance with the following rules:-
- The rate of subscription shall be one-twelfth of the
monthly pay exclusive of allowance and the amount so calculated
shall be deducted from monthly salary bill of the employee. The
amount of contribution payable shall be rounded to the nearest
whole rupee (fifty paise counting at the next high rupee).
- Members are required to continue their subscriptions
while absent on leave, other than extra ordinary leave without
leave salary, calculated on full pay at the rate drawn prior to
proceeding on leave.
- In the case of long leave the deduction can be made as
usual in the pay bills. In the case of privilege leave
deductions will be made monthly as from the emoluments of
employees present on duty.
- The Council shall pay in the case of each subscriber a
monthly contribution equal to the subscription realized from
him, with effect from 1st September, 1957.
- The family of a permanent employee who is a subscriber
to the Medical Council of India C.P. Fund and who dies while in
service before completing 5 years’ service will be eligible for
contribution equal to the difference between his six months
emoluments and the amount of the Council’s contribution,
together with the interest thereon standing to his credit in the
Fund. If, however, such an employee dies in the first year of
service, his family will be eligible for a contribution equal to
the difference between his two months emoluments and the amount
of Council’s contribution, together with the interest thereon,
standing to his credit in the Fund.
- If such an employee dies after completing five years
service his family will be eligible for contribution equal to
the difference between his twelve months emoluments and the
amount of Council’s contribution, together with the interest
thereon standing to his credit in the Fund.
- The subscription paid by the subscriber and the
contribution of the Council shall be credited monthly to the
separate account of each subscriber.
- The amount accruing to the Fund by subscriptions,
contributions and interest thereon shall be placed in fixed
deposit in the State Bank of India or invested in such Government
Securities as may be approved from time to time for the purpose by
the Executive Committee. The securities may be disposed of as and
when necessary by the Secretary with the concurrence of the
- The rate of interest to be paid to the accounts of
subscribers shall be as fixed by the Central Government from time
- No member shall be eligible to receive any part or share
in any sums contributed by the Council unless he has been in the
service of the Council for at least twelve months and has been
permitted by the Executive Committee to resign his appointment.
- No member who has been dismissed on account of dishonesty
or other gross misconduct shall be eligible to receive any part of
share in any sums at any time contributed by the Council to the
fund in his account or accumulated, interest or profits thereof.
The Council shall be entitled to recover as the first charge from
the amount for the time being at the credit of any member, a sum
equal to the amount of any loss or damage at any time, sustained
by the Council by reason of his dishonesty or negligence provided
that such recovery shall be limited to the total amount of the
Council’s contribution and of any interest which has accrued
- The accounts of the Fund shall be audited by the Auditors
of the A.G.C.R.
- Each subscriber shall be entitled to receive a detailed
statement of his account for the year.
- When a subscriber quits the service of the Council whether
by resignation or dismissal, he shall be entitled to receive the
amount which has accumulated to his credit, provided that in all
such cases of dismissal and in case of resignation by a person
with less than five years service, the Executive Committee, upon
his quitting the service, declare him so entitled.
:- In default of such a declaration, the said subscriber shall be
entitled to receive the amount actually subscribed by him together
with interest accruing to the same.
- If a subscriber dies while in the service of the Council,
the amount at his credit shall be paid to the person nominated by
him under Standing Order No. 34 and in the manner specified by him
in his declaration under the Standing Order.
- Any Contribution or interest withheld from a dismissed
employee shall lapse to the Council.
WITHDRAWALS AND ADVANCES
- No final withdrawal will be allowed unless the subscriber
quits service or dies.
- In case of urgent necessity, the Secretary with the
concurrence of the President, may allow a subscriber an advance of
a sum not exceeding six months pay.
All advances under the
Standing Order shall be arranged by the Secretary, Medical Council
- Such advances will be recovered in not less than 30 and
not more than 36 equal monthly instalments, and such recoveries
shall be credited as they are made to the account of the
subscriber in the fund.
- A member may at his option, repay an advance in less than
- Recoveries will be made monthly, commencing from the first
payment of a full month’s salary after the advance is granted, but
no recovery will be made from a subscriber when he is on leave of
any kind other than casual leave.
- After the principal of the advance has been fully repaid
interest shall be recovered thereon at the rate of one fifth
percent of the principal for such month of broken portion of a
month during the period between the drawal and complete repayment
of the principal. Interest shall ordinarily be recovered in one
instalment in the month after complete repayment of the principal
but if the period between the drawal and complete recovery of the
principal exceeds 30 months, interest may, if the subscriber so
desires, be recovered in two equal monthly instalments. Recoveries
made under the Standing Order shall be credited as they are made
to the account of the subscriber in the Fund.
- When a subscriber has already taken an advance he will not
be eligible for a new advance until the amount already advanced
has been fully paid up.
PROTECTION OF COMPULSORY DEPOSITS AND BONUSES
- Compulsory deposits, bonuses or interest standing at the
credit of a member in the fund shall not in any way be capable of
being assigned or charged and shall not be liable to the
attachment under any decree or order of any Civil, Revenue, or
Criminal Court in respect of any debt or liability incurred by the
member and neither the Official Assignee or any Receiver appointed
under the Provincial Insolvency Act, 1920 shall be entitled to or
have any claim on any such Compulsory deposit or interest.
- Any sum standing to the credit of any member in the Fund
at the time of his death and payable under the Standing Order of
the Fund to any dependent of the member, or to such persons as may
be authorised by law to receive payment on his behalf, shall, save
where the dependent is the widow or child of the member vest in
the dependent and shall be free from any debt or other liability
incurred by the deceased or incurred by the dependent before the
death of the member.
- When the sum standing to the credit of any member in the
Fund becomes payable, the Secretary may direct to be deducted
therefrom and paid to the Council any amount due under a liability
incurred by the member to the Council, but not exceeding in any
case the total amount of the bonus credited to the account of the
member and of any interest or increment which has accrued thereon.
- When a deposit account is first opened, the member
concerned shall be required to give a declaration in the form
printed as Annexure ‘A’ to these Standing Orders particularising
the person or persons to whom he is desirous that the whole or any
portion of his deposit shall be received in the event of his
death, and the deposit shall subject to the other provisions of
these Standing Orders, be payable in accordance, with such
declaration. Such declaration, should, whenever possible, be in
the handwriting of the member and must be signed by him. The
declaration, which should be attested by two witnesses in the
presence of the declarant and of each other, will remain in force
until it is revised or cancelled by means of a notice in writing
given to the Secretary in the form printed as Annexure ‘AA’ to
these Standing Orders. Such notice or revised declaration shall
also be similarly attested by two witnesses. On the marriage or
re-marriage of a member who is not Hindu, Mohammadan, Buddhist or
other persons exempted from the operation of the Indian Succession
Act, any declaration already submitted by him shall forthwith
become null and void and fresh declaration shall be required.
- A register of such nominees shall be kept in the Council
- The books of the Fund will be kept in the office of the
Secretary, Medical Council of India.
- An account shall be opened in the name of each subscriber
in which shall be credited –
- The subscriber’s subscription.
- Contribution made by the Council
- Interest as provided by Standing Order No. 15.
- Interest as provided by Standing Order No. 16.
- In these Standing Orders the expression ‘family’ means
those persons who in the opinion of the Executive Committee were
dependent on the member of the staff at the time when he died.
DATE OF RECKONING PAY AND ALLOWANCES :
- Subject to any exceptions specifically made by an order of
the Council a Council servant shall begin to draw the pay and
allowances attached to his post with effect from the date on which
he assumes the duties of that post if forenoon, the same day, if
afternoon, the following day.
Charge of Office :
- The charge of a particular post must be handed over and
assumed at the Council’s office by the reliever and relieving
servant respectively, both being present.
- Every member of the staff to whose post a time scale is
attached shall draw the increment of the scale when it accrues as
a matter of course unless it is withheld. An increment may be
withheld from a member of the staff by the competent authority if
his conduct or work has not been satisfactory. In ordering the
withholding of an increment, the withholding authority shall state
the period for which it is withheld and whether the postponement
shall have, or not have the effect of postponing future
Efficiency Bar :
- Where an Efficiency bar is prescribed in a time scale the
increment next above the bar shall not be given to a member
without the specific sanction of the authority empowered to
- In calculating the increment, the time scale should
include the whole period of service of the member, whether working
in his substantive post or is officiating in another post either
temporary or permanent; for this purpose, the period spent on
leave by the member, except extraordinary leave will also be
Provided, however, that –
- in a particular case the President may, for the above
purpose, order the inclusion of the period of such extraordinary
leave, if it is granted for illness or for any case beyond the
control of the member.
- The period of service put in by a member appointed to a
temporary post will be included if the post is eventually made
Extraordinary leave :
- Every member of the staff shall be entitled to such
leave as is allowed under the Government of India Revised Leave
Rules, 1933, as amended from time to time. Leave cannot be
claimed as a matter of right. When the exigencies of the public
service so require, discretion to refuse or revoke leave of any
description is reserved to the authority empowered to grant it.
- No member of the staff shall absent himself from duty
without the previous permission of the Secretary, in case of the
rest of the staff and of the President in case of the Secretary.
In case of sudden illness or accident, such permission shall be
obtained at the earliest opportunity from the respective
- The authority which has the power to sanction leave may
also grant Extraordinary leave.
- Every member of the permanent staff is entitled to resign
from the service after giving due notice. In the case of the
Secretary, Deputy Secretary / Assistant Secretary and the
Superintendent, the period of notice shall be three months; in the
case of the others, a month’s notice will be sufficient. If, for
any reason, the services of any member are no longer required, the
Council should give the same notice to the member concerned, after
the expiry of which, his services will be terminated.
- The services of a member of the staff can be dispensed
without notice in the event of misconduct on his part, or of a
breach, or non-observance, of any of the Standing Orders to which
he is subject.
- The Central Civil Services (Classification Control and
Appeal) – Rules 1957 as amended / modified from time to time will
be applicable to the employees of the Medical Council of India
except for the following provisions :-
- The authorities competent to impose any of the penalties
specified in the Central Civil Service (Classification, Control
and Appeal) Rules, 1957 shall be :-
- in the case of the Secretary, Deputy Secretary, and
Assistant Secretary, the Executive Committee.
- in the case of the Superintendent, President on
recommendations of the Secretary and in case of others, the
- Payment of subsistence allowance :
member of the staff, if suspended, under the provisions of the
Central Civil Services (Classification, Control and Appeal) Rules,
shall be entitled to subsistence allowance in accordance with the
fundamental rules as modified / amended from time to time.
Similarly, when the Council servant who has been dismissed,
removed or suspended, is reinstated, shall be entitled to receive
pay and allowances as provided in the fundamental rules.
An appeal against an
order imposing a penalty on the Secretary, Deputy and Assistant
Secretary shall lie to the Council and an appeal against an order
imposing a penalty on a member of the ministerial staff lie to the
Executive Committee and in the case of the members of the inferior
staff, to the President.
- President’s powers to review :
anything contained in these Rules the President may on his own or
in consultation with the Council after calling for the record of
the case review any order which is made or is appeal able under
the Central Civil Services (Classification, Control and Appeal)
Rules, 1957, confirm, modify or set aside the order.
- Duties :
- The Superintendent shall be the ministerial head and
shall have the same powers and status as those of a
Superintendent in the Government of India.
- He shall be responsible to the Secretary, Deputy
Secretary, Assistant Secretary for the office work and the
maintenance of discipline on the office staff.
- He shall also be responsible for the correspondence and
for putting up the papers with notes thereon to the Secretary,
Deputy Secretary and Assistant Secretary for their final
disposal, according to the provisions of the Act and the
Regulations framed there under.
- He shall perform such other duties as may be delegated
and assigned to him by the Secretary, Deputy Secretary and
Assistant Secretary for purposes of the Act
- The ministerial staff will be responsible to the
Superintendent for such duties as may be assigned to them.
- Salary Allowances :
of the staff shall receive such salary and allowances as may be
fixed by the authorities making the appointments.
- Leave Salary, Travelling and other
The employees of the Medical Council of
India shall be entitled to leave salary, traveling and all other
allowances as applicable to the Central Government employees from
time to time.
- Medical facilities for employees :
of the Council and members of their families shall be entitled to
such Medical aid as is admissible to Central Government Servants
of similar categories in Delhi and New Delhi and out of Delhi
during leave. All employees of the Council shall be members of the
Contributory Health Service Scheme of the Central Government and
shall pay such contribution as is required under the scheme.
Provided that employees not residing in the areas covered by the
Scheme, shall not be required to contribute to the Scheme, and
shall be eligible for re-imbursement of Medical Expenses to self
and family as applicable to Central Government Employees.
- The Central Civil Services (Conduct)
Rules, 1964 : The Central Civil Services (Conduct) Rules, 1964 as
amended or modified from time to time will be applicable to the
employees of the Medical Council of India.
- The orders regarding conversion of temporary posts into
permanent ones as applicable to the offices of the Govt. of India,
shall be applicable to posts in the Council.
- Pensionary benefits have been extended to the employees of
the Council w.e.f. 1.4.1983.
ANNEXURE – A
THE MEDICAL COUNCIL OF INDIA
Form of Declaration
I hereby declare that in the event of my death the amount at my
credit in the Medical Council of India Provident Fund shall be
distributed among the under mentioned persons in the manner shown
against their names :- Name and full address Relationship with
Amount or share of the nominee or the subscriber of accumulations
nominees (1) (2) (3)
Note : Col. 3 shall be filled in so
as to cover the whole amount at credit.
Signed by the declarant in the presence of us
present at the same time and subscribed by us witnesses in the
presence of the declarant and of each other.
THE MEDICAL COUNCIL OF
PROVIDENT FUND FORM OF NOTICE CANCELLING A
I hereby cancel the declaration made by me on
----------------------------as regards disposal, in the event of
my death, of my deposit in the Medical Council of India Provident
Signature of Subscriber Signed by the declarant in the presence of
us present at the same time and subscribed by us as witnesses in
the presence of the declarant and of each other.
Witnesses : 1.---------------------------
(Published in the Gazette of
India Extraordinary Issue Part III – Section 4 Dated 15th November
2000) Medical Council of India Notification New Delhi , the 25th
MCI No. 2(1) 2000 Med. – In exercise of the
powers conferred by section 33 of the Indian Medical Council Act,
1956 (102 of 1956) the Medical Council of India, with the previous
sanction of the Central Government, hereby makes the following
regulations, namely :-
- Short title and commencement –
- These Regulations may be called the Medical Council of
India Regulations, 2000.
- They shall come into force on the date of their
publication in the official Gazette.
In these Regulation, unless the
context otherwise requires,-
- “Act” means the Indian Medical Council Act, 1956 (102
- “Council” means the Medical Council of India
constituted under section 3 of the Act:
- “employee” means an employee of the Council, other than
an officer of the Council.
- “Executive Committee” means the Executive Committee
constituted under clause (1) of section 9;
- “Inspector” means a medical inspector appointed under
sub-section (1) of the section 17;
- “officers of the Council” means Additional Secretary,
Joint Secretary, Deputy Secretary, Assistant Secretary or any
other officer appointed as such by the Council.
- “Registrar” means the Registrar of the Council who
shall be the ex-officio Secretary and who may also, if deemed
expedient, act as Treasurer.
- “Section” means a section of the Act;
- “visitor” means a visitor appointed under sub-section
(1) of section 18;
- “Whole-time Inspector” means the whole-time Inspector
appointed by the Council.
- Office of the Council: The Office of the Council shall be
situated in Delhi.
Part – I
- Time and place of meetings of the Council:
- The meetings of the Council shall ordinarily be held in
Delhi on such dates as may be fixed by the Council:
Provided that the President may call a special meeting at any
time after giving fifteen days’ notice –
- to deal with any urgent matter requiring the
attention of the Council;
- for a purpose referred to in the proviso to clause
(b) of sub-regulation (1) of regulation 8;
- on a requisition signed by not less than fifteen
members for a purpose which is within the scope of the
Council’s functions, not being a purpose referred to in
- The first meeting of the Council, not being a special
meeting, held in any financial year shall be the annual meeting
of the Council for that year.
- Agenda for special meetings- At a
special meeting (referred to in the proviso to sub-regulation (1)
of regulation 4 the subject or subjects for the consideration of
which the meeting has been called shall only be discussed.
- Notice of meetings :- Notice of every
meeting other than a special meeting (called under the proviso to
sub-regulation (1) of regulation 4 or under the first proviso to
clause (b) of sub-regulation (1) of regulation 8, shall be
despatched by the Secretary to each member of the Council not
less than thirty days before the date of the meeting.
- Agenda Paper :-
- The Secretary shall issue with the notice of the
meeting a preliminary agenda paper showing the business to be
brought before the meeting, the terms of all motions to be
moved of which notice in writing has previously reached him and
the names of the movers.
- A member who wishes to move any motion not included in
the preliminary agenda paper or an amendment to any motion so
included shall give notice to the Secretary not less than
fifteen clear days before the date fixed for the meeting.
- The Secretary shall, not less than ten clear days
before the date fixed for the meeting, or in the case of a
special meeting, with the notice of the meeting, issue a
complete agenda paper showing the business to be brought before
- A member who wishes to move an amendment to any motion
included in the agenda paper, but not included in the
preliminary agenda paper shall give notice thereof to the
Secretary not less than three clear days before the date fixed
for the meeting.
- The Secretary shall cause a list of all amendments of
which notice has been given under sub-regulation (4) to be made
available for the use of every member:
that the president may, if the Council agrees, allow a motion
to be moved at a meeting notwithstanding the fact that notice
thereof was received late to admit of compliance with this
Provided further that nothing in the
regulation shall operate to prevent the reference by the
Executive Committee of any matter to the Council at a meeting
following immediately or too soon after the meeting of the
Executive Committee to permit of the notice required under this
- Admissibility of motion: -
- The President shall disallow any motion –
- if the matter to which it relates, is not within the
scope of the Council’s functions;
- if it raises substantially the same question as a
motion or amendment which has been moved or withdrawn with
the leave of the Council at any time during the six months
immediately preceding the date of the meeting at which it is
designed to be moved: Provided that such a motion may be
admitted at a special meeting of the Council convened for the
purpose on the requisition of not less than two – thirds of
the members of the Council: Provided further that nothing in
these regulations shall operate to prohibit discussion of any
matter referred to the Council by the Central Government in
the exercise of any of its functions under the Act;
- unless it is clearly and precisely expressed and
raises substantially one definite issue;
- if it contains arguments, inferences, ironical
expressions, imputations or defamatory statements: Provided
that if a motion can be rendered admissible by amendment, the
President may, in lieu of dis-allowing the motion, admit it
in the amended form.
- When the President disallows a motion, the Secretary
shall inform the concerned member stating the reasons for
PART – II
Conduct of Business at meetings of the Council
- Presiding Officer.
- Every meeting of the Council shall be presided over by
the President, or if he is absent, by the Vice-President, or if
both the President and the Vice-president are absent, by a
Chairman to be elected by the members present from among
- All references in this part to the President shall be
read as referring to the person for the time being presiding
over a meeting.
The quorum for a
meeting of the Council shall be one third of the effective
membership of the Council on the date of such meeting.
- Adjournment for want of quorum:- If, at any time
appointed for a meeting or during the course of any meeting, a
quorum is not present, the meeting shall be adjourned, and if a
quorum is not present, on the expiration of thirty minutes from
such adjournment, the meeting shall stand adjourned to such
future date and time as the President of the Council may appoint.
- Conduct of business:-
- Every matter raised by a member shall be determined on
a motion moved by the member duly seconded and put to the
Council by the President.
- When a motion has been moved and seconded and put to
the Council by the President, it may be discussed as a question
to be resolved either in the affirmative or in the negative or
any member may, subject to sub-regulations (2) and (3) of
regulation 15, move an amendment to the motion: Provided that
the President shall not allow an amendment to be moved which,
if it had been a substantive motion, would have been
inadmissible under sub-regulation (1) of regulation 8.
- Any motion or amendment standing in the name of a
member who is absent from the meeting may be brought forward by
another member with the permission of the President.
- Amendment to Motions : - When an
amendment to any motion is moved and seconded or when two or more
such amendments are moved and seconded, the President shall state
or read to the Council the terms of the original motion and of
the amendment or amendments proposed serially.
- Identical Motions: - When motions
identical in purport stand in the name of two or more members,
the President shall decide whose motion shall be moved and the
other motion or motions shall thereupon be deeded to be
- Scope of Amendments:-
- An Amendment shall be relevant to, and within the scope
of, the motion to which it is proposed.
- An amendment may not be moved that negates the original
- The President may refuse to put to the Council an
amendment which in his opinion is not relevant to the motion.
- Form of Amendments:- A motion may be
amended by –
- The omission, insertion or addition of words, or
- The substitution of words for any of the original
- When a motion or amendment is under debate, no proposal
with reference thereto shall be made other than-
- an amendment of the motion or of the amendment as the
case may be, as proposed in regulation 13;
- a motion for the adjournment of the debate on the
motion or amendment either to a specified date and hour or
- a motion for the closure, namely a motion that the
question be now put;
- a motion that the Council instead of proceeding to
deal with the motion do pass to the next item on the
programme of business: Provided that no motion of the nature
referred to in clauses (b), (c) and (d) shall be moved or
seconded by a member who has already spoken to the question
then before the meeting: Provided further that a motion
referred to in clauses (c) and (d) shall be moved without any
- It shall be the discretion of the President to accept
or refuse a proposal of the nature referred to in clause (b) of
the sub-regulation (1).
- Upon accepting the closure motion, the President shall
put the substantive motion or amendment to vote after allowing
the mover the right to reply
- Withdrawal of motion:- A motion or an
amendment which has been moved and seconded shall not be
withdrawn save with the leave of the Council which shall not be
deemed to be granted, if any member dissents from the granting of
- Discussions by Members :- When a motion
has been moved and seconded, members other than the mover and the
seconder may speak on the motion in such order as the President
Provided that the seconder of a motion or of
an amendment may, with the permission of the President, confine
himself to seconding the motion or amendment, as the case may be,
and speak thereon at any subsequent stage of the debate.
- Right of reply of the Mover :- The mover
of a motion and, if permitted by the President, the mover of any
amendment, shall be entitled to a right of final reply and no
other member shall speak more than once to any debate except with
the permission of the president, for the purpose of making a
personal explanation or of putting a question to the member then
addressing the Council : Provided that a member may at any stage
of the debate may raise a point of law, or statutory
incorporating therein a point of law, or statutory procedure, but
shall not be allowed to make any speech: Provided further that a
member who has spoken on a motion may speak again on an amendment
subsequently moved to the motion.
- Voting on Motion : - When any motion
involving several points has been discussed, it shall be in the
discretion of the President to divide the motion and put each or
any point separately to vote as he may think fit.
- Voting on amendment to Motion:-
- An amendment to a motion shall be put to vote.
- If there are more amendments than one to a motion the
President shall decide the order in which they shall be taken
- Voting shall ordinarily be by show of hands, but it may
be by ballots in case a demand to that effect is made by not
less than three members:
- The result of the votes shall be announced by the
- In the event of equality of votes, the President shall
have casting vote.
- Adjournment of meetings:-
- The President may if he deems necessary at any time,
adjourn any meeting to any future date or to any hour of the
same day stating the reasons therefor
- Whenever a meeting is adjourned to a future date, the
Secretary shall send notice of the adjourned meeting to all the
- When a meeting has been adjourned to a future date and
the President changes it to any other date for compelling
reasons, the Secretary shall communicate the said change to
- At a meeting adjourned to a future date any motion
standing over from the previous day shall, unless the President
otherwise directs, takes precedence over other matters on the
- Either at the beginning of the meeting or after the
conclusion of the debate on a motion during the meeting, the
President or a member may suggest a change in the order of
business on the agenda and if the Council agrees such a change
shall take place.
- No matter which had not been on the agenda of the
original meeting shall be discussed at an adjourned meeting.
- The same quorum shall be necessary for an adjourned
meeting as for the ordinary meeting.
- Points of Order:-
- The President shall decide all points of order or
disputes which may arise in any meeting.
- If any question arises with reference to procedure in
respect of a matter for which these regulations have no
provision the President shall decide the same.
- Authorised persons to attend General
Body meetings:- In the meetings of the General Body, no person
other than the members, officers and employees of the Council
shall be present except with the prior permission or special
invitation of the President.
Part – III
Minutes of the Council
- Proceedings to be preserved :- The
proceedings of the meetings of the Council shall be preserved and
shall be authenticated, after confirmation at the next meeting of
the Council, by the Secretary and the President.
- Circulation of Minutes :- A copy of the
minutes of each meeting shall be submitted by the Secretary to
the President within ten days of the meeting and attested by him
and they shall then be sent to each member within thirty days of
- Contents of Minutes :- The minutes of
each meeting shall contain such motions and amendments as have
been moved and adopted or negatives, with the names of the mover
and the seconder, but without any comment and without any record
of observations made by any member at the meeting.
- Objection to minutes, etc. :-
- If any objection regarding the correctness of the
minutes is received within thirty days of the despatch of the
minutes by the Secretary, such objection together with the
minutes as recorded and attested shall be put before the next
meeting of the Council for confirmation and at such meeting no
question shall be raised except as to the correctness of the
records of the meeting.
- If no objection regarding the correctness of the
minutes is received within thirty days of the despatch by the
Secretary of the minutes, decision taken by the Council may, if
expedient, be put into effect before the confirmation of the
minutes at the next meeting: Provided that the President may
direct that action be taken on a decision of the Council before
the expiry of the period of thirty days mentioned above.
- Supply of Minutes :- A copy of the
minutes of the meetings of the Council shall be made available by
the Secretary to each member of the Council. However, it could be
made available to a non member or any other person/organisation,
upon a written requisition and payment of such fee as may be
determined by the Council from time to time
- Record of Proceedings :-
- A report shall be kept of the observations and of the
discussions at the meetings of the Council in as accurate a
manner as possible for the use of the Members of the Council.
- The detailed proceedings of the meetings which shall be
treated as “Confidential” shall be kept in the office and shall
be open to members for inspection.
PART – IV
Resignation and filling of Casual vacancies
- Resignation :- A member desiring to
resign his seat on the council shall send his resignation in
writing to the president and his resignation shall take effect
from the date specified by him and in case no such date is
mentioned, from the date of receipt of his letter.
- Filling of casual vacancy :- when a
casual vacancy occurs by reason of death or resignation of a
member, a report shall be made forthwith by the President to the
Government of India who shall take steps to have the vacancy
filled by nomination or election, as the case may be, by the
authority or constituency by which the member whose death or
resignation has caused the vacancy was nominated or elected for
the remaining period.
PART – V
Powers and Duties of the President and
- Powers and duties of the President :-
The President shall subject to the provision of the Act, rules,
regulations and Standing Orders of the Council do such acts as he
considers necessary for the furtherance of the objectives for
which the Council is established.
- Powers and duties of the Vice President
:- If the office of the President is vacant or if the President
for any reason is unable to exercise the powers or perform the
duties of his office, the Vice-President shall act in his place
and shall exercise the power and perform the duties of the
PART – VI
- Executive Committee :-
- The members of the Executive Committee who may be
elected by the Council under sub-section (1) of section 10
shall be elected by the members of the Council present and
voting together, in the proportion of –
- four members from amongst University representatives,
- three members from amongst nominated members,
- two members from amongst representatives, of
registered graduates, and
- one member of the Licentiates Group,
as provided in the Medical Council of India (Conduct of
Elections to the posts of President, Vice-President, members of
the Executive Committee and the elected members of the
Postgraduate Medical Education Committee) Regulations, 1998.
- President and Vice-President to be
members of Executive Committee :- The President and the
Vice-President of the Council shall be members ex-officio of the
Executive Committee and shall be President and Vice-President
respectively of that Committee.
Filling up of vacancy on expiry of the term
- Intimation of vacancies:- The President
shall ninety days before the expiry of the term of a member of
the Council intimate the impending vacancy to the Central
Government so that the new member may be nominated or elected to
fill up the vacant seat from the date of which the vacancy is
likely to occur.
- Meetings of Executive Committee :- The
meetings of the Executive Committee shall be ordinarily governed
by the regulations applicable to the meetings of the Council.
- Quorum :- Four members of the Executive
Committee shall form a quorum.
- Adjournment for want of quorum :- If at
the time appointed for a meeting a quorum is not present the
meeting shall not commence until a quorum is present, and if a
quorum is not present on the expiration of thirty minutes from
the time appointed for the meeting or during the course of any
meeting, the meeting shall stand adjourned to such future date
and time as the President may appoint.
- Chairman of a meeting :- If both the
President and Vice-President are absent, the members present
shall elect one of the members to act as Chairperson.
- Term of office of a member :- The term
of office of an elected member of the Executive Committee shall
be two years or until the appointment of his successor, whichever
is longer. A member shall be eligible for re-election.
- Participation of a member other than a
member of the Executive committee :- The President may invite a
member of the Council, not being a member of the Executive
Committee to attend any meeting of the Executive Committee for
any particular item of the agenda. Any member so invited shall be
free to participate in the discussions, relating to that item but
shall have no right to vote.
- Sub-Committees :- The Executive
Committee may constitute such sub-committees as it may deem
necessary in furtherance of discharge of its duties including
examining of any matter referred by the Council.
- Notice, etc. for meetings :-
- Within four weeks before the meeting of the Council,
the Executive Committee shall ordinarily meet and also at such
other times and places as the President may determine.
- The Secretary shall, at least ten days before the date
fixed for the meeting, despatch the notice along with the
agenda reflecting therein the business listed before the said
meeting, to each member.
- Inspectors report :- The Executive
Committee shall take into consideration the reports on the course
of study, facilities for teaching and examinations submitted by
Inspectors and shall thereupon prepare a report for consideration
and approval of the Council.
- Consideration of reports by Executive
Committee :- The Executive Committee shall consider and report
to the Council on any subject referred to it by the Council or by
the President and exercise such powers and perform such duties as
are required by the rules, regulations and standing orders of the
- Minutes of meetings :- A copy of the
minutes of each meeting shall be drafted by the Secretary to be
submitted to the President within ten days of the meeting for his
counter signature upon which t hey shall be sent to each member
of the Executive Committee within twenty days of the meeting. In
case no corrections/suggestions are received from the members
within fifteen days of the date of despatch by the Secretary, the
decision recorded therein shall be given effect to. The minutes
shall be sent to the members of the Council after confirmation by
the Executive Committee at its next meeting:
that the President, may, if necessary, direct that action be
taken on a decision of the Executive committee before the expiry
of the said period of fifteen days mentioned above.
PART – VII
- Committees :-
- A member may, at any time, without notice move that a
committee of the Council be appointed or that the Council do
resolve itself into a Committee.
- On the Adoption of the motion referred to in
sub-regulation (1), the Council shall appoint a Committee
consisting of any number of its members or resolve itself into
a committee for the consideration of any business.
- A motion for the appointment of a committee shall
define the functions of the Committee and the number of members
to be appointed.
- Any member may, without notice, move an amendment to
such a motion proposing that the functions or the member of
members of the Committee be enlarged or reduced.
- If a motion for the appointment of a committee is
adopted, the mover shall name the members to be appointed as
members of the committee and any member may then move
amendments proposing the addition of other names.
- If the number of members proposed as members of the
committee, does not exceed the total number of members to form
the committee, the members so proposed shall be appointed as
members of the Committee. If the number of members so proposed
exceed the total number of members to form the Committee,
ballot shall be held and the requisite number of members who
obtain the largest number of votes shall be appointed.
- The President or the Executive Committee may constitute
Committees to examine any matter related to the efficient
functioning of the Council.
- Quorum :- The quorum for a committee
shall be the same as provided for meetings of the Council.
- Chairman, etc. of Committees :-
- The Chairman of a Committee of the whole Council
shall be the same as for a meeting of the Council.
- The Chairman of a Committee appointed by the Council
shall be appointed by the Council at the time of the
appointment of the Committee.
- The proceedings of the committee shall be conducted in
accordance with the regulations applicable to the meetings of
- Resolutions by Committees :-
- A resolution passed by a Committee of the whole Council
shall be embodied in a report prepared by the Secretary and
signed by the President and shall have no effect unless
confirmed by the Council at a meeting.
- A resolution passed by a Committee appointed by the
Council/Executive Committee/President, as the case may be,
shall be embodied in the report prepared by the Secretary of
the Committee and signed by the Chairman and other members of
the Committee, inclusive of notes of dissent, if any, and shall
then be presented to the Council, Executive Committee or
President, as the case may be.
PART – VIII
Registrar and other officers and powers and duties of
Registrar and other Officers of the Council.
- Registrar :-A person appointed as
Registrar shall retire from service on superannuation on the
afternoon of the last date of the month in which he attains the
age of sixty years. Extension of service shall not be given in
any circumstances except with the approval of the Central
- Powers and duties of Registrar :
- The Registrar, who is ex-officio Secretary shall be the
Principal Executive Officer of the Council.
- The Registrar shall be responsible for the safety of
the property of the Council and the control and management of
the office, accounts and correspondence and shall discharge all
such duties as may be required of him by the Council for the
purposes of the Act. As Secretary, he shall attend and take
notes of the proceedings of the meetings of the Council,
Executive Committee, Post Graduate Medical Education Committee
and other Committees as may be appointed by the Council or any
of its bodies.
- The Registrar shall, while functioning as Treasurer,
exercise such powers and discharge such duties as may be laid
down by the Council.
- Duties of Whole-time Inspectors :- The
Whole-time Inspector shall perform the following duties, namely
- carry out comprehensive inspection of the medical
colleges, associated training institutions, hospitals and other
teaching centres to ascertain that the standards or facilities
provided therein in regard to staff, equipment and academic
ambience and other teaching and training of undergraduate and
Postgraduate courses including research, conforms to the
standards laid down by the Council;
- prepare an annual general review of medical education
in the country from the annual reports received from all the
medical colleges indicating therein the deficiencies observed,
the improvement and progress made and also the adequacy of
postgraduate teaching and research;
- make suggestions for introduction of common assessment
- perform such other duties as may be entrusted to them
by the council or by the President from time to time and shall
be responsible to the Council in all matters pertaining to
- Duties and tenure of officers and
- Officers and the employees of the Council shall retire
from service on superannuation on the afternoon of the last day
of the month in which an officer or employee attains the age of
sixty years. Extension of service shall not be given in any
circumstances except with the approval of the Central
- The Officers of the Council shall discharge such duties
as may be assigned to them by the Registrar, President or
Council from time to time under the overall supervision of the
- Disciplinary authority :-
- The disciplinary jurisdiction/authority over the
officers shall vest with the Executive Committee. The
disciplinary jurisdiction/authority over the employees of the
Council shall vest with the Registrar. The appellate
jurisdiction/authority for officers and employees of the
Council shall vest with the General Body of the Council.
- The Registrar, subject to the approval of the President
- Shall appoint Group ‘C’ and ‘D’ staff against duly
- May engage such temporary personnel for a period not
exceeding 89 days at one time, as may be required from time
to time and pay the remuneration to them.
- The appointment made under sub-regulation (2) shall be
reported to the Council.
PART – IX
INSPECTION OF EXAMINATIONS
- Inspection of examinations, etc. :-
- The inspection of examination, courses of study and
institutions for medical education, under section 17 shall be
carried out in accordance with the provisions of this
- It shall be the duty of the Registrar periodically to
ascertain from the examining bodies and institutions the date
and place of every such examination, which may be inspected by
- The Executive Committee shall appoint not less than
three inspectors, to inspect such medical
- No person shall be appointed as an Inspector unless he
has taught students in one or other of the subjects for the
relevant public examination or in cognate subjects for five
years and has acted as examiner at examinations on such
- Every Inspector shall receive from the President a
formal Commission in writing under the seal of the Council. The
said Commission shall specify the medical colleges, hospital
and other institutions and the examination or examinations
which he is required to inspect and shall inform him that he is
to report thereon to the Executive Committee in accordance with
- The Inspector shall comply with the following
requirements, namely :-
- to acquaint himself with such previous reports on the
- facilities for teaching existing at the college,
associated hospital or other institutions, wherein
instructions are given to students; and
- qualifying examination or examinations which he is
appointed to inspect as the President may direct;
- observations of the Universities; and
- report of the Executive Committee thereon;
- recommendations of the council in regard to
- resolutions with regard to medical education:
- Provided that the Registrar shall furnish him with a
copy of these documents.
- to attend personally every examination which he is
required to inspect but not to interfere with the conduct
- to inspect the medical colleges, hospitals and
other institutions in regard to matters like the standard
of staff, equipment, accommodation, training and other
facilities for medical education.
- To report to the Executive Committee/Postgraduate
Medical Education Committee jointly or separately in respect
of his/their opinion about the standards of the examination
attended by him and all teaching facilities available in the
institutions in which the candidates were trained
- To set forth in his reports in order all necessary
particulars as to the questions proposed in the written, oral
and practical parts of each examination attended by him, the
cases and the appliances provided for clinical and practical
examinations, the arrangements made for invigilation, the
method and scales of marking the standard of knowledge shown
by successful candidates and generally all such details as
may be required for evaluating the scope and nature and
standards of the examination.
- To inspect and set forth in his report information
relating to and comments on teaching facilities, equipment,
accommodation and staff existing at such colleges, hospitals
and other institutions.
- To include in his report, in the form of a brief
diary a record of the days and hours when he was present
during the course of the examination inspected and to see for
himself the teaching facilities provided and of the parts or
division of each examination in progress on each day.
- To include also in his report a statement of the
extent to which the recommendation of the Council in regard
to professional examinations have been carried out in the
cases of each examination inspected by him, and also to what
extent the resolutions of the Council on professional
education have been given effect to in the education of the
students in the particular subject or subjects with which he
is concerned in the inspection; and
- On receipt from the Registrar of a proof copy of any
of his report, to compare such proof with the original and
correct, sign, and return it to the Registrar for
preservation, in the records of the Council, as the
authorised copy of such report.
- Every report of the inspector shall be referred to the
Executive Committee for its consideration and reporting to the
- The report of the Inspector shall be confidential and
shall be kept under the custody of the Registrar.
- A copy of the report of the inspector shall be
forwarded to the University/institution concerned with the
request that the university or institution shall promptly
furnish to the Council such observations thereon as it may deem
necessary maintaining the confidentiality thereof.
- A confidential copy of every report of an Inspector
with the observations of the university/institution thereon
shall be supplied to each member of the council, and shall be
considered together with the report of the Executive committee
thereon by the Council at its ensuing meeting.
- A copy of every report by an Inspector, with the
observations of the University concerned, and the opinion of
the Executive Committee thereon shall, after approval by the
council be forwarded to the Central Government.
- No Inspector shall take part in the inspection of any
examination in the University or Medical College in which he is
a teaching or examiner.
- An Inspector may accept ordinary hospitality from, but
may not accept hospitality of house and board from examiners or
from any official or the University or Institution in which he
is conducting an inspection.
PART – X
VISITORS APPOINTED BY THE COUNCIL
- Appointment of Visitor :-
- The Visitation shall be carried out in accordance with
- Subject to the provisions of sub-section (2) of section
18, a visitor may be either a member of the Council or some
person who is or has been a teacher at a medical college
affiliated to an Indian University for at least five years and
shall have acted as examiner
- A visitor who is a member of the Council shall not
receive any remuneration, but shall be paid travelling and
other allowances according to the scale prescribed for members
for attending the meetings of the Council and a visitor who is
not a member of the Council shall be paid travelling and other
allowances in accordance with the scale prescribed for the
- Every visitor shall receive from the President a formal
Commission in writing under the seal of the Council. The
Commission shall specify the examination or examinations and
the medical colleges, hospitals and other institutions where
medical education is given which he is required to visit and
shall inform him that he is to report thereon to visit and
shall inform him that he is to report thereon to the President
in accordance with these regulations and to conduct enquiries
or make inspection regarding specific issues mentioned in the
commission, in accordance with these regulations.
- It shall be the duty of a visitor to:-
- attend personally every examination which he is
required to visit and to see for himself the teaching
- report to the President of the Council independently
and separately on every examination visited by him:
- include in his report as he may deem ‘relevant and
desirable’ a record of the days and hours when he was present
during the course of each examination visited and of the
parts or divisions of examinations in progress on each day
and of the Medical Colleges, hospitals and other institutions
which he visited;
- include also in his report a statement to the extent
to which the recommendations of the Council in regard to
professional examinations have been carried out in the case
of each examination visited by him and also to what extent
the recommendations of the council on professional education
have been given effect to in the visitation, and also the
facilities for teaching in regard to accommodation, staff,
equipment, existing in the medical colleges and associated
hospitals and other institutions visited by him;
- include in his report such other relevant
observations as he may deem desirable;
- make such inspections and enquiries on behalf of the
Council as he might think necessary so as to enable him to
draw up a report to the President on the specific issues for
which the visitation is made.
PART – XI
INDIAN MEDICAL REGISTER
- Indian Medical Register :-
- Registrar shall maintain the Indian Medical Register
and it shall bear the seal of the council.
- The Indian Medical Register shall also bear a preface
which shall contain a covering page with the seal of the
council, names of the State Medical Councils with whose
Registers the Indian Medical Register has been compiled.
- Intimation of Registration by State
Medical Councils :- All the State Medical Councils shall
intimate to the Council as soon as a medical practitioner is
fully registered with the respective State Medical Councils. All
State Medical Councils shall also intimate to the Council
immediately regarding any change in name or registration of
Additional qualifications or address or removal of name, as
envisaged under sub-section (1) of section 24, of a medical
practitioner registered with the respective State Medical
Councils as and when received.
- Publication of supplements to Indian
Medical Register :- Supplements to the Indian Medical Register
shall be published every year and the Indian Medical Register
shall be revised and published every five years.
- Direct registration :-
- Application for direct registration with the Council,
as envisaged under section 23, may be received in Form A, in
duplicate, annexed to these regulations.
- A fee as fixed from time to time with the approval of
the Central Government shall be chargeable as Registration fee.
- The following documents shall be sent alongwith the
- Copy of Degree or Diploma or Certificate from the
Head of the Institution (Provisional Certificate).
- Certificate of Post-examination practical training.
- A Certificate in form B annexed to these regulations
shall be issued by the Registrar under his seal, to all persons
who are directly registered with the Council and a copy of the
said certificate shall be forwarded to the State Medical
Council concerned for inclusion of the name in the State
- Provisional Registration :-The names of
provisionally registered medical practitioners should be borne on
a separate list maintained for the purpose and they shall not be
included in the State Medical Registers. In order to have a
uniform procedure by all State Medical Councils with regard to
the list of provisionally registered medical practitioners under
section-25, the certificate for provisional registration should
be issued in the following proforma :- Name of the Person :
Date of Year of
passing Examination :
Name of College and University :
- Registration of Additional
Qualifications : Application for registration of additional
qualification in the Indian Medical Register may be received
direct by the Council in Form C annexed to these regulations. A
fee as fixed from time to time with the approval of the Central
Government may be charged for registration of additional
qualification either in substitution for or in addition to any
entry previously made. Copy of Degree/Diploma duly attested shall
be sent alongwith the application.
- Residuary Provision :- Matters relating
to the conditions of service of the Registrar and other employees
of the Council with respect to which no express provisional has
been made in the regulations shall be as per the rules applicable
to officers and employees of Central Government.