THE

JHARKHAND GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

19 VAISHAKH, 1945 (S)

RANCHI, TUESDAY 9^thMAY, 2023

Department of Health Medical Education and Family Welfare

--------

NOTIFICATION

2^nd May, 2023

File No-03/Estab.Doc-01-66/2012-583(3)-- In exercise of powers conferred under section 33 of

“The Bihar and Orissa Medical Act-1916”, The Government of Jharkhand constitute “The Jharkhand

State Medical Council Rules-2023” for the purpose of regulating the activities of the Jharkhand State

Medical Council as follows:-

CHAPTER -1

1. Short title, extent and Commencement: -

(1) These “Rules” may be called “The Jharkhand State Medical Council Rules-2023.”

(2) It extends to the whole of Jharkhand state.

(3) It shall become effective from such date when it published in official Gazette.

(4) These Rules are applicable on all allopathic medical professionals.

2. Definitions: -

In these rules, unless there is anything repugnant in the subject or context,

(a) “the Act” means “The Bihar and Orissa Medical Act, 1916”.

(b) “State” means “State of Jharkhand”.

No. 264

Jharkhand Gazette (Extraordinary), Tuesday, 9^thMay, 2023

(d) “Section” means sections of “The Bihar and Orissa Medical Act, 1916”.

(e) “Department” means Department of Health, Medical Education and Family Welfare,

Government of Jharkhand.

(f) “Council” means “The Jharkhand State Medical Council”.

(g)

“The President” means the person elected by the members of Jharkhand state Medical

Council;

(h) “Rules” means “The Jharkhand State Medical Council Rules-2022”

(i) Words and expressions not defined in these rules but defined in the Act shall have the same

meaning assigned to them in the Act.

CHAPTER-2

3. Constitution of Jharkhand State Medical Council

According to section 4 of the Bihar and Orissa Medical Act 1916, this council will consist of

10 members which will be as follows :-

(a) Three members to be appointed by the Government of Jharkhand.

(b) Deen, Faculty of medicine of the Ranchi University.

(d) One female member elected by registered medical practitioners residing within the State.

(e) Two members elected by and from the registered medical practitioners residing in the state;

and

(f) Two members elected by Jharkhand Branch of the Indian Medical Association.

4. Election of the President of the council:-

The President of the Council shall be elected by the members of the Council from amongst them

and shall hold office for a term for which the members of the Council will be elected.

The member holding the post of the President may be paid the honorarium fixed by the

department from time to time by the council.

No act of the council or its officers shall be invalid merely by reason of the existence of any

vacancy in the council or any defect in the constitution of the council.

5. Maintenance of details of the members of the council: -

A Register shall be maintained in FORM -I of the Appendix to these Rules. In this register, the

details of the appointed, nominated and elected members of the council, the date of appointment

and term for which they have been appointed and in case of termination of their appointment, the

date and reasons for termination will be recorded.

6. Notice of Vacancy of council members:-

(1) Sixty days prior to the expiration of the terms of the appointment/nomination of a member of the

Council appointed/nominated under section 4(1),(a) of the Act, shall be brought to the notice of

the President by the Registrar of the council and it will be immediately informed by the

President to the department.

(2) Under the circumstances arising out of resignation or death and under the provisions of section

10 of the Act, if any vacancy arises, then it will be the responsibility of the Registrar of the

council to bring the subject of the vacant post to the notice of the President and the President will

Jharkhand Gazette (Extraordinary), Tuesday, 9^thMay, 2023

inform about it immediately to the department and such vacancy will be filled by the department

through a new notification as soon as possible by adopting the procedure prescribed.

(3) In the light of the expiry of the period of nomination or election of the members of the council or

the situation arising under the provisions of section 10 of the Act. The information of the vacant

members can be given to the Department by the President of the council, within a maximum of

60 days and the department shall direct the returning officer to take all necessary steps in this

direction and within two months make available to the department a proposal to recommend the

name of new member through fresh election. These vacancy can be filled by the department by

publishing it in the Jharkhand Gazette after getting the recommendation.

7. Nomination of members in case of non-election: -

Nomination of members from (d) to (e) of rule 3 of this rule can be done by the department in

case the election is not held within six months of the occurrence of the vacancy. such members

nominated by the department shall be deemed to have been elected as per the procedure

prescribed in the rules.

8. Disqualifications for being elected a member

A person shall be disqualified for election or nomination as a member of the Council, if he -

(a) is not registered under this Act, or

(b) has been convicted of a non-bailable offense by a court of law and that punishment has

not been set aside or varied or this disqualification has not been declared to be inoperative

by an order of the State Government.

9. Term of Office of the members:-

(1) Under rule 3, the tenure of the elected or nominated members will be counted from the date of

publication of their name in the Jharkhand Gazette and their tenure will be of 3 years. The

period will be extended till the first meeting of the newly constituted council after three

years, in which the quorum of the members will be complete.

(2) A member shall be eligible for re-election or nomination if he is not disqualified under rule 8.

10. Members absent on leave :-

The Council may grant permission to any of its member to remain absent from the meeting of

the Council for a maximum period of six months.

11. Cessation of membership: -

A member shall be deemed to have vacated his seat if -

(a) He remains absent from three consecutive meetings of the council without any reason.

(b) He has been out of India for a continuous period of more than six months, or

Jharkhand Gazette (Extraordinary), Tuesday, 9^thMay, 2023

12. Filling of Vacancies :-

(1) If a member dies or a member resigns from the membership or the membership ceases to

exist under Rule 8, the vacancy arising out of it shall be informed by the President to the

department for fresh election or nomination to the vacant post.

(2) In this way, the newly elected or nominated members will be able to work as members for

the remaining term.

13. Traveling expenses to the Members: -

Council members (including office bearers) will be paid for traveling expense etc. to participate

in council meeting etc. with the permission of the council at the rate fixed by the Government

of Jharkhand. This traveling expenses will also be admissible to the members of the council,

members of the committee appointed under the council, other named or nominated members.

For this, it will be mandatory to submit a claim for travel expenses in the prescribed form.

CHAPTER-3

(Election of members under clauses (c) to (d) of section 4 of, the Act and rule 3(D) and (E)

of these rules)

14. The Electoral Rolls:-

The department will appoint an officer of the level of Joint Secretary/Deputy Secretary of

Jharkhand Administrative Service as Returning officer and an officer of the level of Under

Secretary will be appointed as Assistant Returning Officer for the election under this section by

the department.

The Returning Officer shall, under his supervision, prepare a voter list of every person eligible to

vote in the election of a member or members from the register of registered medical practitioners

in the state of Jharkhand. Name, qualification and address will be recorded in this voter list.it

will be necessary to publish this voter list after receiving objections and dispose of it before

every poll.

15. Publication of dates for Election:-

Dates for nomination, election, counting of votes and results for the election of vacant members

under section 4 part (C) and (D) of the act shall be announced by the Returning officer, Through

notice must be published in at least two newspaper, one of which shall be a national newspaper

and one shall be local newspaper. In case of any change in these dates, its information will also

be necessary to given through the same newspaper.

16. Nomination of candidates for election:-

(1) Any person whose name is included in Register of Registered Practitioners and who is not

disqualified for election to the Council under section 6 of the Act, may be nominated as a

candidate for election under clause (c) or clause (d) of section 4 of the Act.

(2) Such nomination shall be made by, means of a nomination paper in FORM- II of the

Appendix to these rules. Any voter who demands this form for enrollment will be given

this form by the Returning Officer on depositing the prescribed fee of Rs.1000/-(Rupees

One thousand only).

Jharkhand Gazette (Extraordinary), Tuesday, 9^thMay, 2023

(3) Each, nomination paper shall be subscribed by two electors as proposer and seconder.

(4) On receipt of each nomination paper, the Returning Officer shall forthwith endorse upon it

the date and hour of receipt

(5) Nomination papers, which are not received by the Returning Officer before the date fixed

for the scrutiny of such papers under these rules shall be rejected.

17. Withdrawal of candidature: -

(1) Any duly nominated candidate may withdraw his candidature by sending a withdrawal

in writing to the Returning Officer which shall be valid only before the date fixed for

this purpose under these rules and shall not be allowed later.

(2) On receiving notice of such withdrawal, the Returning Officer shall publish the notice

about the fact of the withdrawal in such manner as may direct.

18. Scrutiny of Nomination Papers:-

(1) On the date and at the time and place fixed by the Returning Officer for the scrutiny of

nomination papers every candidate and his proposer and seconder may attend. The

Returning Officer shall allow them to examine the nomination papers of all candidates

which have been received by him. Any objection and additional information against any

nomination paper can be submitted in writing to the Returning Officer.

(2) The Returning Officer will decide on the submitted nomination papers and objections

received thereon and, on all questions, arising regarding the validity of any nomination

and the decision taken by the Returning Officer on such question will be final.

19. Voting:-

(1) If in the case of an election under any clause of section 4 of the Act, the number of duly

nominated candidates who stand for election does not exceed the number of members to

be elected under that clause, the Returning Officer shall forthwith declare such

candidate or candidates to be elected.

(2) If the number of such candidates exceeds the number of members to be so elected, the

Returning Officer shall Cause the names and addresses of the candidates to be entered

in voting papers in FORM - III in the Appendix to these Rules.

(3) Voting action will be conducted as per the instructions of the Returning Officer on the

date fixed for voting at the proposed place which will be in all the divisions of

Jharkhand state, according to the fixed time, under the supervision of the presiding

officer who will be the deputy director level officer of the division, who will be assisted

by the polling officer who will be the head clerk of divisional office, and after the

polling is over, the ballot box will be sealed and kept safe in the strong room designated

by the Returning officer.

(4) Voting paper will be printed in two copies, in which one copy can be made available to

the concerned voter by making the necessary details and the second copy will be kept

safe with the registrar as a counter file.

Jharkhand Gazette (Extraordinary), Tuesday, 9^thMay, 2023

(5) Every voter who wants to participate in the process of voting according to the prescribed

procedure by being present on the date and place fixed for voting, he will be able to

that the voting paper shall be rejected by the Returning Officer if the vote is not

recorded in the manner prescribed for voting.

20. Counting of votes and declaration and publication of results of election: -

(1) At the end of the voting process, the voting paper will be checked in the first step for

counting the votes in the prescribed manner by the Returning Officer whether the

voting paper is filled correctly or not and the voting paper will be marked as

acceptable or unacceptable and will be counter signed.

(2) The Returning Officer shall endorse the word “Rejected” on any voting paper which

he may reject on the ground that it does not comply with the instructions on the

voting paper.

(3) The Returning Officer shall attend for the purpose of counting the votes on such date

and at such time and place as may be fixed.

(4) Every candidate may be present in person or may send a representative, duly

authorized by him in writing, to watch the process of counting.

(5) The Returning Officer shall show the voting papers, but not the counterfoils, to the

candidates or their representatives.

(6) If any objection is made to any voting paper on the ground that it is invalid under

these Rules, or to the rejection by the Returning Officer of a voting paper such

objection shall be decided at once by the Returning Officer, whose decision shall be

final.

(7) When the counting of the votes have been completed, the Returning Officer shall

forthwith declare the candidate or candidates, as the case may be, to whom the

largest number of votes have been given, to be elected.

(8) When an equality of votes is found to exist between any candidates and the addition

of a vote will entitle any of the said candidates to be declared elected, the

determination of the person to whom such one additional vote shall be deemed to

have been given, shall be made by lot to be drawn in the presence of the Returning

Officer and in such a manner as he may determine.

(9) Upon the completion of the counting and after the result has been declared by him,

the Returning Officer shall seal up the voting papers and all other documents relating

to the election and shall retain the same for a period of six month and thereafter

cause them to be destroyed.

(10) The Returning Officer shall send the names of the elected candidates immediately,

as the case may be, to the department for publication in the Jharkhand Gazette.

(11) Notice shall be published by the Returning Officer in the local newspapers as to

such date and time and place as may be considered appropriate for each of the

following proceedings- nomination under rule 16, voting and last day of polling

under rule 19 and day of counting of votes under rule 20.

Jharkhand Gazette (Extraordinary), Tuesday, 9^thMay, 2023

21. Finality of decisions:-

Department, of their own motion or on objection made, declare any election to the Council

to be void on account of corrupt practice or any other cause which shall appear to them

sufficient and may call on the electorate to make a fresh election within a specified date, and

any decision of the department under this rule shall be final. The decision of the department

on any question that may arise as to the intention, construction or application of these rules

shall be final.

CHAPTER-4

Rules for the Meetings of the Council

22. Meeting of the Council:-

(1) The Council shall ordinarily meet in the month of April, July, October and January in each year

for the transaction of business.

(2) Notice of every meeting shall be served on each member of the Council by the Registrar not

less than fifteen days before the date of meeting.

(3) A program of business to be transacted at any meeting or agenda of the meeting shall be sent to

each member not less than seven days before the date of such meeting.

(4) An emergency meeting of the council can be called by the chairman whenever he feels

necessary, but it will be mandatory to inform all the members before the meeting.

(5) All matters arising in the meeting of the Council will be decided on the basis of majority of the

members present and voting in the meeting. In case of equality of votes, matters shall be

decided on the basis of the vote of the President, or in the absence of the President the vote of

the member conducting the meeting with the permission of the President.

23. Presiding over the meeting:-

Every meeting of the Council shall be presided over by the President of the Council. In the absence of

the President, the member nominated by the President can preside over the meeting. The presence of

at least four members is mandatory for the quorum of the meeting. In case the quorum is not

complete, the meeting will be adjourned by the President.

24. Minutes of the Council:-

The proceedings of the meeting of the Council shall be preserved in the form of printed/written

document, which shall be verified, certified and signed by the President and the Registrar. A Copy of

the proceedings of the meeting shall be compulsorily made available to each member within 15 days

of the conclusion of each meeting. Also, a copy of the same be made available to the department.

CHAPTER-5 (Rules for Registration)

25. Maintainance of a Register of Registered Practitioners:-

(1) According to the provisions contained in the Act, the Registrar, Jharkhand State Medical

Council shall maintain the register of regular medical practitioners in accordance with the

procedure prescribed in the Act in Form-IV appended in the Appendix to these Rules, in which

Jharkhand Gazette (Extraordinary), Tuesday, 9^thMay, 2023

the name, address, appointment and qualification, the date on which qualification was granted,

etc. of each person registered under the Act shall be recorded and from time to time, after

representation or verification, changes can be made in the addresses or appointments and

registered qualifications and titles of doctors and the names of dead doctors will be removed

from the register. The names shall be entered in the registration register in the order in which

applications for such entry are accepted.

(2) In order to perform the various duties in the said Rule 25, by sending a letter to the registered

doctors on their registered address or appointment address, whether the practitioner is practicing

or not and whether there has been a change in his residential address and appointment can be

checked. If the report of such letter is not made available by the registered doctor within six

months, then the name of the said doctor will be removed from the register. Provided that if the

Council orders again, the name of the concerned doctor may be re-entered in the register.

(3) Each page of the Registration Register shall be signed and verified by the Registrar.

26.Grant of Registration :–

(A) Permanent Certificate:-

Any person who has any of the qualifications specified in the First, Second or third Schedule to

the Indian Medical Council Act, 1956, in modern scientific system, and in relation to the service,

subject to any conditions prescribed by under that Act, or desirous of practicing or practicing as

medical practitioner in the state of Jharkhand, by making a representation to the Registrar in

Form-V of the Appendix to these rules, copies of certificates of educational qualification required

for registration in the registration register of council, four passport size photo along with

prescribed fee. If the application is found eligible for registration by the Registrar, a registration

certificate will be issued in Form-VI of the Appendix. It will be valid for life from the date of

registration.

(B) Provisional Certificate:-

Any person who has passed the qualifying examination of any University or Medical Institution

in India for a recognized medical qualification may be provisionally registered for the purpose of

internship training on an application made to the Registrar for provisional registration in the form,

such person shall be entitled to apply for provisional registration in the registration register along

with copies of certificates of educational qualification required, four passport size photographs and

the prescribed fee. After scrutiny of the application by the Registrar, if found eligible for

registration, a provisional registration certificate will be issued in Form-VII of Appendix.

27. Refusal to register: -

The Council may refuse to allow the registration of the name of any person:-

(A) A person who has been sentenced by any court for any non-bailable offence, such sentence

has not subsequently been reversed or set aside, and such sentence has not been set aside

by an order of the State Government.

(B) Any person who, after due inquiry by a majority of two-thirds of the members present and

voting at a meeting of the Council (on which he has been given an opportunity of being

heard in his defense, and either in person or by a pleader) for any professional misconduct

was found guilty.

Jharkhand Gazette (Extraordinary), Tuesday, 9^thMay, 2023

28. Information to be presented before the Registrar for registration:-

Every person who applies to have his name entered in the register of registered practitioners-

(1) He shall satisfy the Registrar that he holds the requisite title or qualification as prescribed

in the Schedule.

(2) If he is registered under the Medical Acts,-

(i) He will have to tell the correct date of registration to the registrar, and

(ii)

In relation to degree and qualification, he will have to give a true statement to the

Registrar as to the date on which he received the degree.

(3) If he is not registered, he will have to inform correctly that on which date he obtained the

degree or qualification mentioned in the schedule and on the basis of which he is

claiming to be registered.

29. Entry in the register of new degree or qualification:-

If any person acquires a new title or qualification, which is different from the title or

qualification at the time of registration, he may, by making an application along with such fee as

may be prescribed by the Council, get the new title or qualification entered against his name,

which shall replace the previous title, or will be entered with the former title. For this, he will

have to make an application to the Registrar along with the prescribed fee in the prescribed

manner in Form-V of Appendix of these rules. On being satisfied after the review of the

received application, the Registrar will issue a certificate of additional qualification in Form-

VIII of the Appendix.

30. Deletion of fraudulently wrong entry –

Any entry made in the register of registered medical practitioners, which in the opinion of the

Council has been entered fraudulently or by mistake, may be deleted by a written order of the

Council.

31. Notice of deaths and deletion of names from register: -

(1) Every Registrar of Deaths whose cognizance the information about the death of the

registered doctor is received, he will without delay inform with the necessary documents

and death certificate or such document from which the time and place of death can be

known to the Registrar of the Council.

(2) Such information :

(i) Which is a certificate of death, or

(ii)

Any other document of death on which the council may rely,

The Council may remove the name of such deceased person from the register.

32. Establishment of Registrar and Council:-

(1) With the previous sanction of the Jharkhand Government, the Council –

(a) May appoint a Registrar,

(b) Can sanction leave to the registrar and can appoint a substitute for his leave period.

Jharkhand Gazette (Extraordinary), Tuesday, 9^thMay, 2023

Registrar or the person appointed as substitute, as may be desired by the Council.

(2) The work prescribed under the Act and these rules will be done by the Registrar. In addition

he shall act as the Secretary of the Council and shall be in charge of correspondence etc. and

shall issue all necessary notices in the manner required under these rules. The Registrar as the

Secretary of the Council will be the competent authority to approve financial transactions in

day-to-day business. Approval of the Council will be mandatory in financial transactions

other than day-to-day business. The Registrar or the authority designated as Registrar shall be

authorized to file complaints in the Court, and shall also represent the Council in court cases

with the assistance of a lawyer.

(3) The registrar will be allowed to act as the secretary of the council and participate in the

meeting of the council and make statements, but shall not have the right to vote.

(4) The persons appointed under rule 32 (1) and (6) shall be deemed to be public servants under

section 21 of the Indian Penal Code.

(5) The registrar will be paid the honorarium fixed by the department from time to time through

the Council.

(6) According to the following details, the Council will be able to get the services of the

employees for smoothly conducting the work of the Council, as it considers necessary for the

purpose of these rules and as the Council may determine and will pay the estimated contract

amount against it.

Sl.

No.

Name of

Posts

Nature of

the Post

Number

of Posts

Salary/

Honorarium

Increment

Nature of

Appointment

Educational

Qualification

and Experience

Remark

Clerk

Contractual

At the rate

decided by

Finance

Department

Govt. of

Jharkhand for

contractual

appointments

At the rate

decided by

Finance

Department

Govt. of

Jharkhand

for

contractual

appointmen

On Contract

Graduation

with

knowledge of

Computer with

minimum 3

years of

experience in

relevant work.

Accountant

Contractual

At the rate

decided

Finance

Department

Govt.

Jharkhand for

contractual

appointments

At the rate

decided by

Finance

Department

Govt.

Jharkhand

for

contractual

appointmen

On Contract

Commerce

Graduate with

Computer and

Accounting

Knowledge

with minimum

years

experience

relevant work.

Data Entry

Operator

Contractual

At the rate

decided

Finance

Department

Govt.

Jharkhand for

contractual

appointments

At the rate

decided by

Finance

Department

Govt.

Jharkhand

for

contractual

appointmen

On Contract

Graduate with

Computer and

Data

Entry,

Typing

Hindi

and

English

Knowledge

with minimum

years

experience

Jharkhand Gazette (Extraordinary), Tuesday, 9^thMay, 2023

relevant work.

Peon

Contractual

At the rate

decided

Finance

Department

Govt.

Jharkhand for

contractual

appointments

At the rate

decided by

Finance

Department

Govt.

Jharkhand

for

contractual

appointmen

On Contract

Matriculate/10^th

Pass

With minimum

years

experience

relevant work.

Sweeper

Contractual

At the rate

decided

Finance

Department

Govt.

Jharkhand for

contractual

appointments

At the rate

decided by

Finance

Department

Govt.

Jharkhand

for

contractual

appointmen

ts service

On Contract

Literate

With minimum

years

experience

relevant work.

NOTE:- The age limit of all the above contract based service will be as per the rules of the

Government of Jharkhand.

(A) Nature of posts:-

All the above posts shall be for contract-based service and candidates will be selected for these

posts for one year contract-based service. As per the requirement of the council, depending on

the evaluation of the works of the selected candidates, the duration of the contract will be

extended for a year. The salaries of the personnel serving under the Council will be paid from the

receipts received under the Council.

(B) Process of obtaining service.:-

The selection of personnel in the council for getting contract based service will be

done by the registrar on the basis of the recommendation made by the selection

committee constituted by the Council. A selection committee will be constituted under

the Council as follows:–

Chairman of the selection Committee - President of the Council.

Secretary of the selection Committee

- Registrar of the Council.

Member

- One Member nominated by Council.

Member

- Member nominated by Council as Expert

of relevant field.

Member

- Member of Scheduled Caste and

Scheduled Tribe nominated by

Department

Personnel,

Administrative

Reforms

and

Official Language, Jharkhand,

Ranchi.

The advertisement, age limit, reservation and other conditions will be determined by the

selection committee, subject to the criteria set by the state government, for the personnel to

get service on contract.

Jharkhand Gazette (Extraordinary), Tuesday, 9^thMay, 2023

(C)

Leaves:–

According to the provisions prescribed by the finance departmental circular 4569

dated 05-07-2022 and related resolution/ circular issued from time to time, for

contractual employees of the Government of Jharkhand, contractual employees served

under the Jharkhand State Medical Council, the consumption of leave is subject to

approval by the Registrar.

(D) Traveling Allowances:-

The employees of the Council will be eligible for the traveling expenses prescribed for

contractual employees of equivalent posts of the Government of Jharkhand.

(E) Maximum age limit for continuance in service.

Under normal circumstances, any staff appointed in Council can give his service till he attains

the age of maximum 60 years. In special Circumstances, if there is an urgent need to have an

employee in the Council, then assessing the efficiency and usefulness of the concerned

employee. An extension of one year may be given. Such extension can be given to an

employee a maximum of three times, but prior permission of the Council will be required by

the Registrar.

(F) Resignation from service:-

Any staff of the Council may resign from his post by giving one months’ written notice to

this effect addressed to the Registrar, but such resignation shall be effect from the date of its

acceptance. If necessary, information is not given, he will have to deposit or sacrifice an

amount equivalent to one month’s emoluments.

(j) Termination of service:-

The service of any employee can be terminated by the Council after giving him one month’s

notice and giving him a reasonable opportunity to defend himself. In case of non-giving of

prior notice of one month, the employee concerned shall be entitled to receive emoluments

equivalent to one month.

CHAPTER-6

(Rules for Accounting)

33. The treasurer

One member from amongst the members of the Council shall be nominated as the Treasurer

of the Council. The Treasurer shall have complete administrative control over the Jharkhand

State Medical Council Fund. Maintenance of book-keeping, management of receipts, budget

preparation, financial reports and all kinds of financial work for the Council will be done

under the supervision of the Treasurer and he will have complete control over it.

The treasurer will be paid the honorarium fixed by the department from time to time by the

council.

Jharkhand Gazette (Extraordinary), Tuesday, 9^thMay, 2023

34. Receipts:-

All receipts under the Council will be for the use of the Council only. Available and receipts

under the Council will be invested or deposited in the name of Jharkhand State Medical

Council.

35.Maintenance of accounts and other register:-

The following registers will be maintained for accounting and financial management under the

Council:-

(a) Cash books

(b) Ledger book

(d) Stock register

(e) Receipt books

(f) Register for grants

(g) Voucher files

(h) Attendance roll

(i) Salary register

(j) Register of leave accounts

(k) Other registers as may be necessary

Annual accounts will be prepared every year under the direction of the treasurer from the

above registers and records.

36. In the month of November-December in every financial year, a statement of income and

expenditure received from the current financial year will be prepared by the Treasurer and on

the basis of this, an estimate/budget of income- expenditure of the next financial year will be

prepared considering the plans to fulfill the responsibilities and objectives of the Council and

will be kept in the next meeting of the Council. Consent will be given considering this by the

Council.

37. In addition to the approved estimate/ budget during the year, for any new purpose or

expenditure in excess of the approved provisions, provisional approval can be given by the

President on the expenditure, but it will be kept in the next meeting of the Council for approval.

38. A printed receipt form will be used for receipt of any kind of fee.

39. Under the council, the fee, grant or the amount received from any source will be deposited in

the bank account of the Council.

40. A Cash-book shall be maintained in the Council in the prescribed form, in which all receipts and

payments shall be recorded with necessary details as soon as any transaction takes place. The

cash-book will be maintained daily and it will be countersigned by the Treasurer verifying the

transactions.

41. The Cash-book shall be carefully maintained and the receipt and payment vouchers, sub-

vouchers along with the receipts shall be kept safe for audit.

42. After payment, all voucher and sub-voucher shall be stamped with as Paid and Cancelled, and

will be Countersigned by the Treasurer.

43. A non-permanent advance of Rs 20,000 (Twenty Thousand) may be permitted by the Registrar.

This amount can be adjusted every month through submitted bills.

Jharkhand Gazette (Extraordinary), Tuesday, 9^thMay, 2023

44. Following the financial rules, the registrar will be authorized to make any payments or purchase

goods from the provisioned budget or estimated amount with the permission of the President.

45. The accounts of the Council shall be audited once in each year by the qualified Charter

Accountant and thereafter the audit report will be presented in the next meeting of the Council.

46. (i) A bank account in any nationalized/scheduled bank will be opened for maintaining the

amount of fee received by the council and grant/amount received from any other source.

(ii) The grant amount received by the Council from the State Government will be maintained

by opening a PL account in the concerned Treasury.

(iii) The account of the council will be operated with the joint signature of the registrar and

the treasurer. In the absence of the Treasurer, the President will be authorized to sign

jointly.

CHAPTER-7

(Rules for redressal of complaints and disciplinary action related to professional

conduct, etiquette and ethics by doctors)

(As per Professional Conduct Etiquette and Ethics Regulation, 2002 and other provisions of

the Medical Council of India.)

47. Disciplinary Committee:-

For redressal of complaints relating to professional conduct, etiquette and ethics by doctors.

Council shall have a Disciplinary Committee for disciplinary action as follows-

(A) Chairman Nominated by the Council.

(B) Member A legal expert to be nominated by the council.

complaint pertains, to be nominated by the council.

(D) Member An expert member nominated by Indian Medical Association.

48. If a registered practitioner has been, after due inquiry held by the Council or by the

Disciplinary Committee in the prescribed manner, found guilty of any misconduct by the

Council or the Disciplinary Committee, the Council may-

(a) Issue a letter of warning to such practitioner; or

(b) Remove the name of such person permanently from the register or for a specific

period as may be specified in the aforesaid direction; Explanation:- For the

purpose of this section a registered practitioner shall be deemed to be guilty of

misconduct if-

(i) He is convicted by a criminal court for a crime.

(ii) In the opinion of the Council his conduct is infamous in relation to the medical

profession particularly, under any Code of Ethics prescribed by the Council or

by the Medical Council of India or by the National Medical Commission in this

behalf.

that the name of a practitioner removed under the rule 48 shall be re-entered in the

may deem fit.

(d) The Council may, of its own motion, or on the application of any person, after due

and proper inquiry and after giving an opportunity to the person concerned of being

heard, cancel or alter any entry in the register, if in the opinion of the Council, such

entry was fraudulently or incorrectly made.

Jharkhand Gazette (Extraordinary), Tuesday, 9^thMay, 2023

49. Norms for investigation of complaint of medical negligence/professional misconduct

against registered medical practitioner:-

1. All Complaints of medical negligence/professional misconduct against any registered

medical practitioner received in the Jharkhand State Medical Council shall first be

examined in consultation with the concerned field specialist and the President at the

level of Registrar of the Council, to which the complaint related and if at that stage it is

of the opinion that no prima facie case of medical negligence of professional

misconduct is made out, the same may be disposed of forthwith by an order.

2. If required, the Registrar may hear the parties before deciding the matter. If the Registrar

is of the opinion that the matter cannot be dealt with in this manner and requires

detailed investigation, such matter shall be referred to the Disciplinary Committee for

hearing.

3. It is mandatory for the concerned parties to appear before the Disciplinary Committee of

the Council on the date of hearing fixed by the Registrar or the Disciplinary Committee

or on any other date if the hearing is adjourned.

4. Where the complainant fails to appear on such days, the Disciplinary Committee may, at

its discretion, either dismiss the complaint for default or decide, depending on the nature

of the complaint, where the opposite party fails to appear on the date of hearing, in such

a case the Disciplinary Committee may take a decision ex-parte.

5. The decision of the inquiry is placed before the Council for confirmation and after the

decision thereon shall be communicated to the parties concerned and other as necessary.

50. Particulars to contained in the complaint:-

Any complaint received by the Council must contain the following details: -

(a) The name and address of the complainant and description of the complaint;

(b) The name, description and address of the opposite party or parties, in at least

sufficient detail to enable them to be traced or contacted.

the basis or causes of the complaint;

(d) The documents in support of the complaint, if any;

(e) Relief/action desired by the complaint.

(f) An affidavit by the complainant clearly stating along with other particulars that the

complaint is true and is not being made with mala fide intention.

51.

No Complaint shall be entertained unless it is in writing and signed by the person making

it. The complaint shall be verified by the Registrar, during the verification the complaints

made anonymously or pseudonymously will be rejected.

52.

Such complaints will be rejected by the Council which do not pertain to the medical

practitioner registered or practicing in the State of Jharkhand.

Jharkhand Gazette (Extraordinary), Tuesday, 9^thMay, 2023

CHAPTER-8

(MISCELLANEOUS)

53. Migration/Transfer:-

If a written requests for migration or transfer to any other medical council is made by a

registered medical practitioner under the prescribed procedure, it will be considered and the

Registrar will issue a no-objection certificate after being satisfied on receipt of such application.

54. Certificate of good standing: -

Certificate relating to no enquiry etc. is pending against the him by any registered medical

practitioner, such certificate can be issued by the registrar on applying for a certificate related to

it through the prescribed procedure along with the prescribed fee, this certificate will be valid for

a period of six months from the date of issue.

55. Mandatory Registration:-

It will be mandatory for the doctors holding any position and practicing in Jharkhand state to

Council of Other states and are giving their services or practicing in Jharkhand state area, It

will be mandatory for them to register in Jharkhand State Medical Council, such doctors who

are registered under the Indian Medical Council, it is not necessary to register again in

Jharkhand State Medical Council, but it will be mandatory for them to inform about it.

56. Prohibition of unregistered person on any particular appointment.

No person other than a registered doctor can be appointed on any post under the government

and special approval by the government will be an exception.

57. Publication and use of medical register.

The registrar shall print and publish the correct list of names of registered medical

practitioners maintained in the registration register up to the date fixed by the council

from time to time. In which-

(a) All the names maintained in the registration register will be included in the serial

name.

(b) The registered address or appointment of all the names maintained in the

registration register shall be included.

conferring the said title and the date of obtaining the qualification will be

mentioned.

Every year in which such list is not be published, the Registrar shall print and publish a

supplementary list to the extent fixed by the Council in that year. In which-

(a) According to the arrangement prescribed in the above paragraph (1) (a) to (c), the

names of those persons whose names were included in the register in the year of

publication of such supplementary list will be mentioned.

(b) The names of those persons whose names have been removed from the register at

that year will also be included.

58. Repeal and savings.

(1)

In case of difference of opinion /confusion in the activities subject to the rules, action can

be taken only in the light of the advice / instructions received from the department.

(2)

The state government can amend the provisions of the rules from time to time as per the

requirement.

(3)

With effect from the date of coming into force of these rules, all notifications/resolutions

prior to this shall be deemed to be amended to this extent.

Jharkhand Gazette (Extraordinary), Tuesday, 9^thMay, 2023

Schedule - I

FEE STRUCTURE OF JHARKHAND STATE MEDICAL COUNCIL, RANCHI

SL. No.

PARTICULAR

AMOUNT

Provisional Registration

1000/-

Permanent Registration

2000/-

Foreign Provisional Registration

10100/-

Foreign Permanent Registration

20100/-

Foreign Transfer Registration

Registration

subject

confirmation of authenticity

from previous state council

Candidates

whose

verification has been done

earlier are required to pay

Rs.10100/- and who were

registered

any

state

medical

council

without

verification has been done

pay

Rs.20100/-

Registration fees subject to

reply from previous state

council).

Additional Qualification Entry

700/-

(A delay fine for registration

of PG degrees @ Rs.200/-

per year per degree)

No Objection Certificate

1000/-

Good Standing

500/-

Duplicate Provisional Registration

1000/-

10.

Duplicate Permanent Registration

2000/-

11.

Restoration of Registration

1000/-

This can be changed from time to time as required.

The approval of the Council of Ministers on the proposal is received as item number 4 on 17.04.2023.

Enclosures-As mentioned.

By order of the Governor of Jharkhand,

Arun Kumar Singh,

Additional Chief Secretary.

Jharkhand Gazette (Extraordinary), Tuesday, 9^thMay, 2023

Appendix

FORM NO. - 1

(Register Showing particulars of the Members of the Council)

(See Rule 5)

Name

Address

Whether

nominated or

elected, and, in

the case of

elected

members, by

whom elected

Tenure

Date of

commencement

of tenure

The date on

which the term

is to expire in

ordinary

course.

If the appointment

terminates before the

due date mentioned

in column 6, then the

date and reason of

earlier termination.

(See section 10 & 11)

FORM NO.- 2

(See Rule- 16)

Nomination Paper.

Nomination Paper.

Name of candidate

Father’s Name.

Age.

Nature of qualification under section 4.

Address.

Signature of proposer

Signature of seconder.

Returning Officer.

INSTRUCTIONS.

Nomination papers which are not received by the Returning Officer before……………on the

……….day of………………. Shall be invalid.

Jharkhand Gazette (Extraordinary), Tuesday, 9^thMay, 2023

FORM No.-3

(See Rule 19 ¼B½

VOTING PAPER

Counterfoil

Serial Number of voting paper.

One/Two member (s) is/are to be elected

To the Council by the persons entered in the Electoral Roll.

--------------

Serial number of

candidates duly

nominated.

Names and address

of candidates duly

nominated.

Vote.

For elections under clauses (c) to

(d) of section 4.

I hereby declare that my name

appears on the Electoral Roll.

Signature and place of residence.

FORM NO.- 4

(See rule 25)

Serial

no.

Date of

Registration

Name

Address or

Appointment

Qualifications

and dates

thereof.

Date and reason of removal

Date. Section of the Act under

which the name is removed.

Remarks