NMC Act 2020 1964

NEPAL MEDICAL COUNCIL ACT, 2020 (1964)

 
 

Amending Acts:                                             Royal Seal and Date of Publication:

                                                                                    2020/11/16 (Feb. 28, 1964)

1. Nepal Medical Council (First Amendment)

Act, 2044 (1987)                                                      2044/6/9 (Sept. 25, 1987)

2. Nepal Medical Council (Second Amendment)

Act, 2047 (1990)                                                      2047/6/27 (Oct. 13, 1990)

3. Nepal Medical Council (Third Amendment)

Act, 2055 (1999)                                                      2056/1/2 (April 15, 1999)

 
Act No. 35 of the Year 2020 (1964)

AN ACT MADE TO CONSTITUTE AND MANAGE THE NEPAL MEDICAL
COUNCIL

Preamble: Whereas, it is expedient to manage qualification of Medical practitioner and also registration of Medical practitioner qualified in modem medicine for the scientific utilization of modem medicine throughout the Kingdom of Nepal;

Now therefore, His Majesty's King Mahendra Bir Bikram Shah Dev, has made this Act, upon the advice and consent of the National Panchayat.
 

1.         Short title, extent and commencement:

(1) This Act may be called as "Nepal Medical Council Act, 2020 (1963)".
 

(2) This Act shall come into force throughout the Kingdom of Nepal.

 

(3) Section 1 of this Act shall come into force immediately and other Sections of  this Act shall come into force at such area and from such date as His Majesty's Government may, by a notification in the Nepal Gazette, appoint.

2.Definition: Unless the subject or context otherwise requires, in this Act, -

 (a) "Council" means the Nepal Medical Council established pursuant to Section 3.
  (al) "President " means President of the Council.
  (a2) "Member" means member of the Council and this term alsoincludes President and Vice-president
 

(b) "Hospital" means an agency operated by His Majesty's Government or non governmental level providing health services for treatment prevention, diagnosis and rehabilitation from diseases and this term also includes a recognized institution established with the objective of imparting medical education training) initiating from carried out or caused to be carried out study; teaching bachelor level .

(c) "Modern medicine" means the medicine of allopathic

(d) "Medical practitioner" means a person who has obtained bachelor's degree  from the recognized institution in the medical science under modern medical system and engaged in the concerned profession.
(dl) "Specialist Medical Practitioner" means a Medical practitioner who has obtained Post graduate diploma or degree from a recognized educational  institution in the concerned subject and is engaged in the concerned profession.
(d2) "Medical college" means an educational institution established with the role objective of providing medical education at_ bachelors or, master's level or post graduate training in the modern medical science and this term also denotes the Medical and Dental College established for such purpose.
 (e) "Register " implies the Register maintained to register the name of Medical  
 practitioner under this Act.
(f)"Registered Medical Practitioner" means the Medical practitioner whose name has been registered in the Registration book

(fl) "Recognized" means recognized under this Act.

(g)"Registrar" means the Registrar of the Council appointed in pursuant to Section 12 of the Act.

(h) "Rule" means the Rules framed under this Act.

(i)"By-laws" means the Eke-laws framed by the Council under this Act.

(j)"Prescribed or as prescribed" means prescribed or as prescribed in the Rules or Bye-laws framed under this Act.

 

3.Establishment of the Council:

(1) A Council named the Nepal Medical Council shall be established.

(2) The: Council shall be an autonomous and corporate body having right of perpetual succession. The Council shall have a separate seal of its own to executives function.

(3) The Council may own expendable and fixed asset, transfer ownership and also hold in right to contrast and carry out all other functions as deemed appropriate in order to fulfill the objective of this Act.

(4) The Council may, as an individual, sue or be sued.

4.Constitution of the Council:

(1) The Council constituted pursuant to Section 3 shall have the members as follows:

(a) Nominated by His Majesty's Government from among the Medical practitioner with experience of at least twenty years as registered medical practitioner and holding at least Master's degree in the subject of medicine                                                                                                                                                                       

President

(b). Elected Medical practitioner from among

the registered Medical practitioner having

experience of at least fifteen years -                                                                                   Vice-president

(c) President, Nepal Medical Association -                                  

 
Member

(d)One person nominated by His Majesty's Government from among the Dean or Rector of the University or Health Science

Academy imparting education.                                 \

 
Member
(e)One person nominated by -His Majesty's

Government from among the consumers -

Member

(f) Eight Elected Medical practitioner as prescribed from among the registered

medical practitioners -                                            

Member

(g) President, Nepal Dental Association               

Member

(h) Three persons nominated by His Majesty's Government from among the medical practitioner holding at least Master's degree on the subject concerned in modern medicine other than the Dental Practitioners

Members

(i) Two persons nominated by. His Majesty's Government from among the Dental Practitioners holding at least Master's degree -                                             

Member.

(2) The official and members to be elected shall be elected as prescribed for this purpose. The Nepal Medical Council shall constitute Election Commission. In order to be a candidature to the post of Vice - president, the Medical practitioner shall be required to have maintained ordinary membership with the Nepal Medical Council for at least twelve years period consecutively .

 
5. Terms of Office of the Member:

 (1) The tenure of the nominated or elected members of the Council shall be of four years. After termination of the terms of office, they may be re-nominated or re-elected.

(But a) member nominated by His Majesty's Government may be removed from the membership by His Majesty's Government on reasonable ground.

(2) In case, where the position of any member falls vacant before termination . of terms of office, other member shall be nominated or elected for the remaining period.

6. Disqualification for Membership:

(1)Any of the following persons shall be deemed to be disqualified for nomination or election or to continue in the membership of the Council:

(a)Who is non-Nepali citizen,

(b) Whose name has been removed from the Register.

(c) Who has been convicted and sentenced by the court in a criminal offence involving moral turpitude,

(d) Who has not completed five years from the date of obtaining of MBBS or the. degree equivalent to such degree or B.D.S or the degree equivalent to such degree.

Provided that the disqualification prescribed in this Clause only be applicable in the case of the member elected pursuant to Clause.... (f) of Sub-section (1) of the Section 4.

7. Condition for Termination of Membership: The membership of the Council shall be deemed to have terminated on the condition as follows:

(a) In case of death,

(b) If disqualified to continue membership under Section 5,

(c) If the resignation tendered from the post of member is approved,

(d) If continuously absent for more than three times in the meeting of the Council without informing the Council of a reasonable cause thereof.

 

Provided that the Council may give permission to any member to remain absent from the meeting of the Council for a maximum period of six months.

7a.Functions, duties and rights of the Council:

(1) Functions, duties and rights of the Council shall be as follows:

(a) To give accreditation as prescribed to the Medical/Dental College engaged in teaching training of medical education.

(b) To make recommendation for cancellation of registration and approval of the medical/dental college in cases where it has -been non compliance e of prescribed policy of the curriculum, terms of admission and examination system as well as infrastructures and other matters of standards at the time of evalution and review

(c) To determine policy as requited for smooth operation of the medical   profession.

(d) To issue registration license to practice modern medicine by detrmining qualification of the Medical practitioner and conducting prescribed Licensing Examination of the qualified Medical practitioner.

(e) To prepare code of conduct of the Medical practitioner as prescribed and remove the name of Medical practitioner from the Registration after taking actions as prescribed against the Medical practitioner who has breached such code of conduct.

(2) His Majesty's Government shall make consultation with the Council prior to give approval to establish and operate any Medical/Dental College and the Council shall examine whether such Medical/Dental College has completed the standards and infrastructures pursuant to Clause (b) of Sub-section (1) or not and if found comploying with such standards and infrastructures, the Council shall only give opinion in, regard to give approval to establish and operate Medical/Dental college and His Majesty's Government shall give approval to establish and operate Medical/Dental College on the basis of such opinion of the Council.

7b. Meeting and decision of the Council: The procedure relating to meeting and decision of the Council shall be as prescribed.

 

8. To be published in the Nepal Gazette: The name of each member who has been

nominated or elected in the Council or removed by the Council shall be  published in the Nepal Gazette.

 

9.Act and proceeding not to be invalid: If an act and proceeding has been carried

out owing to vacancy of position of any member or being or having nominated or

selected unqualified person, the act and proceeding of the Council shall not be

deemed to be invalid owing to the reason thereof.

 

10. Meeting allowance and other facilities: Meeting allowance and other facilities of the members shall be as prescribed by the Council with the prior approval of His Majesty's Government.

 
 
11.Committee may be constituted:

 (1) In exercise of the power conferred to the Council by this Act or the Rules or By-laws framed thereunder, the Council may constitute various subject Committees.

(2) The functions, duties and rights of the Committee shall be as prescribed by the Council.

12 .Registrar and employee:

 (1) His Majesty's Government may appoint or nominate any person in order to carry out the act and proceeding of the Registrar under this Act or Rules framed there under and may assign a any other person to execute functions and proceedings in absence.

(2) The Registrar appointed pursuant to Sub-section (1) or the person assigned in

his absence shall carry out the functions of the Secretary of the Council and the Committee pursuant to Section 11 and such person, shall have right to participate in the discussion to be made in the meeting ; of the Committee or Council but shall not have right to caste vote.

(3) If any Registrar appointed pursuant to Sub-section (1) needs to be removed or suspended or imposed other penalty this shall be done under the Rules framed under this Act.

(4) The Council may appoint officer end employees as required with the approval of His Majesty's Government

(5) All the officer and employees appointed pursuant to Sub­section (4) shall be under control and supervision of the Registrar.

13. Functions and duties of the Registrar:

(1)To register stipulating the name, address and qualification of Medical practitioner to be registered from time to time under this Act, Rule and ordinary or special order of the Council by maintaining up to date the Registration, to remove the name of deceased Medical Practitioner from membership owing to death and it shall be the duty of the Registrar to carry out functions and proceedings under this Act and. Rules.

(2) If a registered medical practitioner leaves his profession or changes his address, the notification thereof shall be required to be given to the Registrar within one month. If there is element of doubt that any Medical practitioner has changed his address or lift profession, the Registrar shall send letter in the address maintained in the Register In case where such letter is redirected to the council or no response is received within three months of delivery of letter, the name of such Medical practitioner shall be notified by publication of notification in major newspaper by the Registrar and if any intimation is not received within next three months, the Registrar may' remove his name from the register.

 

Provided one has submitted an application to the Registrar stating non recept of the letter sent by the Registrar is not received on time or reply could not be furnished on time bend due to circumstances beyond his control or any other rational reason or stating the reason of resuming profession, the Registrar may re-register the name of such Medical practitioner in the Register whose name has been removed under this Sub-section and the fee as prescribed shall be chargeable for the registration made in such a way.

 

14. Name to be, registered in register:

 (1) An application, in the format as prescribed along with the fee shall be required to be furnished to the Council for, registration by the person who has obtained qualification as mentioned in the Schedule under this Act and the Rules framed thereunder.

(2) After scrutinizing on the application pursuant to Sub-section (1) by the Council, if it is found as per rule, the name of such person shall be registered temporarily for two years and issued certificate of such registration will be issued.

(3) Of the persons registered temporarily pursuant to Sub-section (2) , and employed by His Majesty's Government and those who have completed study on the scholarship scheme of His Majesty's Government shall be required to carry out medical profession in a place and up to the period fixed by the Ministry of Health.

(4) After Practicing medical profession for two years by the other person other than the person at mentioned in Sub-section (3), the Council after having registered the name in the Registration book permanently and shall issue the certificate thereof.

(5) On the recommendation of the name of the person who has worked up to the period fixed pursuant to Sub-section (3) by the Ministry of Health,  the Council having registered in the Registration book permanently the name of such person shall issue the certificate thereof.

(6) If the Council has assumed the opinion that the other person also has obtained the minimum qualification in the medical science other than the qualification as mentioned in the Schedule and made recommendation accordingly by the Council and the Ministry of Health has given directives to register the name of such person under this Section, the Council shall register the name of such person in the Registration book and issue the certificate thereof.

(7) The provision relating to registration of foreign citizens in the Council shall be as prescribed.

15. Process of application:

 (1) All applications submitted for registration of the name in the Registration

book pursuant to Sub-section (1) of Section 14 shall be sent directly to the

Registrar and the Registrar shall also be required to submit all the applications to

the Committee prescribed by the Council .for the purpose of this act.

(2) The Committee shall make enquiry as regards whether or not the applicant is the person qualified as set forth in the Schedule and whether or not his application has been duly completed and the Committee shall submit its report in detail to the Council.

(3) After having consideration over the report submitted by the Committee, the Council shall do as follows:

(a) To give directive for registration of the name of the applicant in the event that the applicant is a qualified person as set forth in the Schedule and his application has been duly completed and he has paid the fee as prescribed in the Rule so concerned.

(b) To deny for registration of the name of the applicant in the Registration book in the' event that any application has not been duly completed or has not been deposited fee by the applicant or the applicant has not been qualified as set forth in the Schedule and notify the applicant stating the reason thereof.

(4) If the name of any applicant could not be registered in the Registration book under Clause (b) of Sub-section (3), owing to duly non completion the application to be completed duly or non deposition of fee by the applicant and such applicant has submitted other duly completed application depositing fee, his name shall not be denied to register in the Registration book owing only for the reason of earlier denial.

(5) If the Council has made directive to register the name of any applicant pursuant to Clause (a) of Sub-section (3), the Registrar having registered the name of such person in the Registration book, issue him a certificate thereof.

 

16.       Certificate, information and details required to be given while registering the name: 'The person whose name has to be registered in the Registration book pursuant to Sub-section . (2) of Section 14 or the persons submitting an application for the registration of the name in the Registration book under Sub-section (1) of the said Section shall be required to furnish the following evidences, details and information to the Registrar:

 (a) The degree, certificate of educational qualification and other evidence as well documents prescribed and deemed necessary by the Council.

(b) If his name has been registered in the Registration book of any foreign Medical Council or Council or the institution equivalent to that, the details of that stating his qualification, degree, registration number and the date of registration in such Registration book.

(c) Covenant Letter purporting that he shall carry out the duties under this Act and the Rules.

17.       Power of the Council to give order to delete name from the Registration book and re-registration:

(1) The Council may give an order to remove the name of any registered Medical practitioner from the Registration book in the circumstances as follows:

(a) If convicted and sentenced by the Court in a criminal offence involving moral turpitude, or

(b) If decided by two third majority vote of the number of members of the Council accusing of any misconduct relating to the profession.

(2) If the person, whose name has, been removed from the Registration book pursuant to Sub-section (1), applies for re-registration of his name in the Register book showing reasonable reason to the Council, the Council may, if it is satisfied for registration of his name, order the Registrar to register his name in the Registration book after recovering the fee as prescribed as regards this and in cases where such directive has been given, the Registrar having so registered shall also issue a certificate thereof. Provided that in cases where the name has been removed from the Registration book under this Act, his name shall not be registered under this Sub-section without being completed the period of at least of two years of removal of such name.

 
18. Dissolution of the Council:

(1) If His Majesty's Government deems that the Council has been unable to exercise ; or frequently misused or exercised in excess of its powers conferred to it or unable to perform its duties under this Act or the Rule, His Majesty's Government shall give information to the Council to reform or correct the matter thereof.

(2) If the reformation or correction could not be made in its acts and proceeding by the Council according to the notice given under Sub­section (1), His Majesty's Government may dissolve the Council and constitute Interim Executive Council until the constitution of the Council in order to carry out the acts to be carried out by the Council under this Act and the Rules and Bye-laws framed thereunder.

(3) After dissolution of the Council under Sub-section (2) the Interim Executive Council shall keep the fund and property of the Council in its responsibilities and hand over such fund and property to the newly constituted Council after constitution of the new Council.

(4) His Majesty's Government shall, normally within three months of the dissolution of the Council under Stub-section (2), require to constitute the new Council pursuant to Section 4.

 

19. Appeal:

 (1) Any one dissatisfied with the decision made by the Registrar or the act and proceedings carried out may file an appeal in the Council f within 35 days against such decision or act and proceedings.

(2) Any one dissatisfied with the decision made by the Council may file an appeal in the Appellate Court within 35 days of the date of decision

.

20. Removal of the name from the Registration book: The Council shall constitute a five members Enquiry Committee in order to carry out enquiry and submit report in the following conditions and on the basis of the report submitted by such Committee, the Committee may remove the name of such person from the Registration book:

(a) If the name of any person has been registered owing to fraud or mistake,

(b) If any registered Medical', practitioner has become incapable to carry out medical profession owing to mentally incapable.

 

21. Registration from His Majesty's Government:

 (1) The Council may grant recognization to the Degrees, Diplomas, Certificate or other honors as regards the medical science.

(la) The Degrees, Diplomas, Certificates and other honors

recognized by the Council, pursuant to Sub-section (1) shall be incorporated in the Schedule.

(2) Any person who has obtained Degrees, Diplomas, Certificates or other honors from the foreign institution as regards to medical science, shall be required to give an ,application to the Council as prescribed for the registration of such honors.

(3) After having consultation with the council against the application so submitted pursuant to Sub-section (2), the Council may give recognization to such Degrees, Diplomas and Certificate or honors. The Degrees, Diplomas, Certificates or honors so recognized shall be incorporated in the Schedule.

21a. Demand of details may be made: The Council may, from time to time, demand from the medical institutions granting such Medical Degrees, Diplomas, Certificates or other honors, which have been recognized pursuant to Sub-section (1) of Section 21; all particulars relating to curricula prescribed therefore and the conditions prescribed for admission therein and it shall be the duty of such institution to provide such particulars.

21b. Inspection of examination:

(1) The Council may appoint and depute the Inspector for inspection of examinations conducted for the Degree, Diploma, Certificate or other honors recognized pursuant to Sub-section (1) of Section 21. The Inspector so appointed shall submit his report in respect of the examination inspected by him to the Council containing the particulars prescribed by the Council.Provided that the Inspector shall not be entitled to intervene by any means in any examination inspected by him.

(2) In consideration of the particulars received under Section 21a. or the report submitted by the Inspector under Sub-section (1), if the Council is satisfied that curricula, conditions of admission and the process of conducting examinations prescribed by the concerned medical institution in respect of any Degree, Diploma, Certificate or honors recognized under Sub-section (1) of Section 21, is not satisfactory and inadequate, ; the Council may submit its report to the university or educational institution obtained affiliation of the concerned medical institution in respect thereof.

21 c. Abrogation of recognition:

(1) The concerned university or educational institution having conducted investigation required and following the process as prescribed against the report so obtained pursuant to Sub­section (2) of Section 21b., shall furnish its opinion to His Majesty's Government.

(2) After having consultation with the Council as regards to opinion and findings obtained from the university or educational institution pursuant to Sub-section (1), His Majesty's Government shall issue directives as required to the Council as regards to such medical institution.

(3) The Council shall decide as required as per the directives issued by His Majesty's Government pursuant to Sub-section (2).

(4) The decision made by the Council pursuant to Sub-section (3) to abrogate recognition of such medical institution from the Schedule or the Degree; Diploma, Certificate or other honors provided after any certain specific date from such medical institution in order to abrogate recognition from the Schedule shall be published in the Nepal Gazette.

 

21d. Special examination may be conducted: Prior to the registration of the Medical practitioner wishing to register their, name in the Council under this Act, the Council may conduct examination as prescribed in order to maintain standard as required in the medical science.

 
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25. Legal suit and other legal actions may not be made: Unless otherwise provided in this Act or the Rules, any legal, suit or other legal actions shall not lie in any Court against the act and proceedings carried out by His Majesty's Government or the Council or Registrar in exercise of the power conferred by this Act or the Rules.
26. Restriction to carry out medical profession by the person whose name has not been registered in the
Register book:

 (1) No one shall be allowed to carry out medical profession other than the registered Medical practitioner directly or indirectly.

(la) Subject to the Drugs Act, 2035 (1978), the person whose name has been registered in the Professional Council Relating to Health constituted under the prevailng laws shall be allowed to carry out the medical profession as prescribed by the publication of notice in the Nepal Gazette by His Majesty's Government.

(2)       …………………

(3) If, any one has committed offence, against this Section, such person shall be punished with an imprisonment up to two years or a fine up to three thousand rupees or both.

27. Punishment' for utilization of honors relating to medical qualification:

(1) No one shall be allowed to mention or cause to mention the Degree, Diploma, Certificate or honor relating to modern medicine non obtainable to him enclosing therewith his name with taking motive of carrying out, the act of treatment relating to modern medicine.

(2) If any one has been found guilty of the offence against Sub­section (1), such person shall be punished with an imprisonment up to three years or a fine up to three thousand rupees or both.

28. Case may be filed:

 (1) If the Council has opinion that the case is required to be filed against any person or institution who has disclosed the matter of this Act, the Council having adoption of a resolution thereof shall submit to His Majesty's Government.

(2) His Majesty's Government may give authority in writing to any official in order to carry out proceedings of such case.

29. Regarding issuance of certificate by the registered Medical practitioner:

The Medical practitioner shall have the rights to carry out the acts as follows:

(a) To affix signature in the birth and death certificate according to the prevailing

Laws.

(b) To sign and affix the seal in the certificate relating to medicine or physical and

mental fitness as per law and issue certificate.

30…………

30(a). Delegation of authority:

 (1) The power conferred to His Majesty's Government under this Act, may be delegated to the Chief of other any body or institution other than the Council or Chief of the Council.

(2) The power conferred to the Council under this Act or the Rules or Bye-laws framed thereunder, may be delegated to the Chairman, Vice chairman, member, Committee members, Registrar or other any officer employee of the Council.

3 l. Changes and modification to be made in the Schedule: His Majesty's Government with the consultation of the Council and publication of notice in the Nepal Gazetteer may change and modify in the Schedule.

32. Power to frame rules:

(1) His Majesty's Government may, with the consultation of the Council frame the Rules for the implementation of the objective of this Act.

(2) Without prejudice to the generality of the effectiveness of the power conferred by Sub-section (1), such Rules may make provision in the matters as follows:

(a)To fix the meeting of the Council and its procedure,

(b)To fix the mode of election of the members of the Council pursuant to Section 4,

(c)To fix the powers and duties of the President and members of the Council,

(d) To arrange the fund, wealth and property of the Council,

(e)To give remuneration to the president and members,

(f)To arrange as required as regards to the terms of service, salary, allowance, punishment and removal of the Registrar and other employees,

(g)To fix the firm of the Registration book of the registered Medical practitioner to be maintained under this Act,

(h)To publish the list relating to medical treatment,

(i)To determine fee to be recovered under this Act and application letter,

(j)To fix the mode of constitution of the Committees and duties and powers of such Committees,

(k) To maintain account book,

(1) To collect and publish register book,

(m) To fix the mode of appeal by the Council against the decision of the Registrar,

(n) To arrange other matter as required in order to carry out smooth operation of the functions of the Council.

 

33. By-laws: The Council may frame By-laws, in order to carry out other functions and matters as required under this Act and the Rules and such By-laws shall be required to be approved by Government of Nepal.

 
 
 
 
 
 
 
 


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