The Andhra Pradesh Medical Practitioners Registration Act, 1968.
**THE ANDHRA PRADESH MEDICAL PRACTITIONERS REGISTRATION**
**ACT, 1968.**

**ACT NO. 23 OF 1968.**

**ARRANGEMENT OF SECTIONS**

**SECTIONS**

**CHAPTER I**
**PRELIMINARY**
1. Short title, extent and commencement

2. Definitions

**CHAPTER II**

**CONSTITUTION AND COMPOSITION OF THE COUNCIL**

3. Constitution and composition of the council

4. Term of office of elected and nominated members

5. Election of Chairman and Vice-Chairman

6. Disqualifications for becoming members

7. Cessation of membership

8. Resignation of Chairman, Vice-Chairman or members

9. Filling of Casual vacancy

10. Meetings of the Council

**CHAPTER III**
**EXECUTIVE COMMITTEE AND ITS POWERS**
11. Executive Committee
**CHAPTER IV**
**SPECIAL COMMITTEES AND THEIRFUNCTIONS**
12. Special Committees and their functions

**CHAPTER V**
**OFFICERS OF THE COUNCIL**

13. Registrar and other officers

14. Medical Registrar

**CHAPTER VI**
**REGISTRATION OF MEDICAL PRACTITIONERS**

15. Registration of Medical Practitioners

15A.

15AA. Omitted

15B.

15C.

15D.

16. Notice of death


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17. Cancellation or alteration of entry made in the Register

18. Issue of duplicate certificate of registration

**CHAPTER VII**

**MEDICAL PRACTITIONERS REGISTRATION FUND**

19. Medical practitioners Registrations Fund

20. Privileges of registered practitioners

**CHAPTER VIII**
**PENALTIES**
21. Penalty for falsely claiming to be registered

22. Penalty for contravention of provisions of clause (ii) of section 20

23. Failure to surrender certificate of registration

24. Jurisdiction of magistrate

**CHAPTER IX**

**APPEALS**

25. Appeal from the decision of the Council

26. Procedure in inquiries and appeals

27. Appeal from order of Registrar

**CHAPTER X**

**MISCELLANEOUS**

28. Control by Government

29. Bar of Jurisdiction

30. Protection of Acts done in good faith

31. Power to make rules

32. Power of council to make regulations

33.   Acts of council etc., not to be invalidated by vacancy, etc

34. Allowances to members

35. Repeals and Savings

36. Extension and Amendment of Central Act 7 of 1916 to the Telangana

area.


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**THE ANDHRA PRADESH MEDICAL PRACTITIONERS**
**REGISTRATION ACT, 1968**

**ACT No. 23 OF 1968**

[20[th] November, 1968]

**AN ACT TO CONSOLIDATE AND AMEND THE LAW RELATING TO THE**
**REGISTRATION** **OF** **MEDICAL** **PRACTIONERS** **OF** **MODERN**
**SCIENTIFIC MEDICINE IN THE STATE OF ANDHRA PRADESH AND**
**TO PROVIDE FOR MATTERS CONNECTED THEREWITH**

BE it enacted by the Legislature of the State of Andhra Pradesh in the
Nineteenth Year of the Republic of India as follows :
**CHAPTER-I**
**PRELIMINARY**

**1.** **Short title, extent and commencement- (1) This Act may be called**
the Andhra Pradesh Medical Practitioners Registration Act, 1968.

(2) It extends to the whole of the State of Andhra Pradesh.

(3) It shall come into force on such date as the Government may, by
notification in the Andhra Pradesh Gazette, appoint.

**2.** **Definitions - In this Act, unless the context otherwise requires;-**

(a) ‘Andhra Area’ means the territories of the State of Andhra Pradesh
other than the Telangana area;

(b) ‘approved institution’ means a hospital, asylum, infirmary,
dispensary, lying-in-hospital, health centre or other such institution in
which the methods of treatment approved by the Council are carried on;

(c) ‘Council’ means the Andhra Pradesh Medical Council established
under section 3

1[(cc) ‘CME’ means a continued medical education programme or recognized
medical conference or seminar or workshop as may be approved or
conducted by the Council in the State headquarters or regional
headquarters or district headquarters or teaching hospitals or medical
colleges or any institution run by the Andhra Pradesh Vaidya Vidhana
Parishad.]

(d) ‘Government’ means the State Government;

2[(dd) ‘Junior Resident’ means a candidate after completion of rotating
internship and posted for rural medical service in any ‘Public Health Centre
or community health centre’ either independently or under the supervision

1. Clause inserted by Act 10 of 2013, section 2.
2. Clause inserted by Act 10 of 2013, section 2.


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of a Senior Medical Officer in rural area or tribal area.]

(e) ‘Medical college’ means a college approved by a University in the State
imparting education for the full University course in modern scientific
medicine in all its branches excluding veterinary medicine and veterinary
surgery;

(f) ‘notification’ means a notification published in the Andhra Pradesh
Gazette;

(g) ‘prescribed’ means prescribed by rules made under this Act;

1[(gg)   ‘Public Health Centre’  means a primary health centre, community
health centre or any such other Government institution in which the
methods of treatment approved by the Council within the meaning of clause
(f) of section 2 of Indian Medical Council Act, 1956 are carried on and such
institution situated in rural area or tribal area, but excluding an institution
situated in any municipal or other urban area;]

(h) ‘register’ means the register maintained under section 15;

(i) ‘registered practitioner’ means a practitioner of the modern scientific
medicine whose name is for the time being borne on the register;

2[(ii)   ‘Rural Medical Service’ means service rendered in any ‘public health
centre’ or ‘community health centre’ either independently or under the
supervision of a Senior Medical Officer in rural area or tribal area;]

(j) ‘State’ means the State of Andhra Pradesh;

(k) ‘Telangana area’ means the territories specified in sub-section (1) of
section 3 of the State Reorganisation Act, 1956.

**CHAPTER II**
**CONSTITUTION AND COMPOSITION OF THE COUNCIL**

**3.** **Constitution and composition of the Council - (1) As soon as may**
be, after the commencement of this Act, the Government shall, by
notification, establish a Council called Andhra Pradesh Medical Council
which shall be a body corporate having perpetual succession and a common
seal and shall by its name, sue and be sued.

(2) The Council shall consist of the following members, namely:—

3[(a) two members to be elected in the prescribed manner by the
members of the Executive Council of the University of Health
Sciences in the State from amongst the persons holding any
degree in modern medicine;]

(b) [4][thirteen members] to be elected in the prescribed manner

1. Clause inserted by Act 10 of 2013, section 2.
2. Clause inserted by Act 10 of 2013, section 2.
3. Clause substituted by Act 28 of 1986, section 2.
4. Substituted by Act 10 of 2013, section 3.


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by the registered practitioners from amongst themselves;

(c) [1][six members] to be nominated by the Government of whom
two shall be from amongst such members of the teaching staff
of the medical colleges in the State as are registered
practitioners;

2[(d) The Director of Medical Education, the Director of Health
and Family Welfare, the Commissioner, Andhra Pradesh Viaidya
Vidhana Parishad and Vice- Chancellor, Dr. NTR University of
Health Sciences, A.P., and any other officer to be nominated by
the Government, ex-officio.]

(3) No person shall be eligible for election or nomination under
sub-section (2) unless he has been ordinarily resident in the State for
not less than five years immediately before the date of election or
nomination, as the case may be.

(4) In making nominations under clause (c) of sub-section (2), the
Government shall have due regard to the claims of women, of the members of
the scheduled castes, of medical missions of practitioners in the service of
recognised philanthropic institutions and of other groups of practitioners
whose representatives have not been elected under clause (a) or clause (b) of
sub-section (2).

(5) No person shall be a member of the Council in more than one of the
categories specified in sub-section (2).

**4. Term of office of elected and nominated members - An elected or**
nominated member of the Council shall hold office for a term of five years from
the date of his election or nomination and shall be eligible for re-election or renomination, as the case may be.

**5. Election of Chairman and Vice-Chairman - (1) The Council shall elect in**
the prescribed manner from amongst its members a Chairman who shall,
unless he ceases to be a member of the Council earlier, hold office for a period
of two years from the date of his election as Chairman and shall be eligible for
re-election:

Provided that for a period of two years from the date of the first
constitution of the Council under this Act, 3[one of the ex-officio members
referred to in clause (d) of sub-section (2) of section 3 nominated by the
Government], shall be the Chairman of the Council.

(2) The Council shall elect in the prescribed manner, from amongst
its members, a Vice-Chairman who shall, unless he ceases to be a

1. Substituted by Act 10 of 2013, section 3.
2. Clause substituted by Act 10 of 2013, section 3.
3. Substituted by Act 28 of 1986, section 3.


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member of the Council earlier, hold office for a period of one year from
the date of his election and shall be eligible for re-election.

(3) When the office of the Chairman is vacant or in the absence of the
Chairman from any meeting, the Vice-Chairman shall perform the
functions of the Chairman.

(4) In the absence of the Chairman and the Vice-Chairman a meeting of
the Council may be presided over by a member elected by the majority of the
members present at the meeting.

**6. Disqualification for becoming members - A person shall be disqualified to**
become a member of the Council, if such person on the date of his election or
nomination to the Council—

(a) was sentenced by a criminal court for an offence involving moral
turpitude, such sentence not having been reversed or the offence
pardoned and a period of five years has not elapsed from the date of
the expiration of such sentence;

(b) is of unsound mind and stands so declared by a competent court,
a deaf, mute or a leper;

(c) is an applicant to be adjudicated as an insolvent or an un
discharged insolvent;

(d) is interested in a subsisting contract made with, or any work being
done for, the Council except as a shareholder, other than a director,
in a company, or except as may be prescribed; or

(e) is an officer or servant of the Council.

**7. Cessation of membership - 7. An elected or nominated member of the**
Council shall cease to hold office if he –

(a) is or becomes subject to any of the disqualifications specified in
section 6;

(b) absents himself without excuse sufficient in the opinion of the
Council, from three consecutive meetings of the Council;

(c) is absent out of India for six consecutive months without excuse
sufficient in the opinion of the Council;

(d) ceases to be a registered practitioner;

(e) ceases to hold the office by virtue of which he has been elected
or nominated as a member of the Council under section 3.

**8.** **Resignation of Chairman, Vice- Chairman or members - The**
Chairman may resign his office by giving notice in writing to the Council and
the Vice-Chairman or any member of the Council may resign his office by
giving notice in writing to the Chairman. Except in a case where the person
resigning delivers the notice of resignation personally to the Registrar, the
Registrar shall, on receipt of a notice of resignation, obtain confirmation in


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writing from the person concerned as to its genuineness. A resignation
delivered personally or confirmed as aforesaid shall take effect on and from
the date on which the notice was received.

**9.** **Filling of casual vacancy - Any vacancy occurring in the office of an**
elected or nominated member of the Council before the expiration of his
term shall be filled by election or nomination, as the case may be, of another
person in the manner provided in section 3 and the person so elected or
nominated shall hold office for the residue of the term of his predecessor.

**10.** **Meetings of the Council - (1) Except as otherwise provided in this**
Act, no business shall be transacted at a meeting of the Council unless at
least seven members are present. All questions that may come before the
Council shall be decided by a majority of the members present and voting.
In the case of equality of votes, the member presiding at the meeting shall
have and exercise a second or casting vote.

(2) The Council shall, for the disposal of the business, meet as
often as is necessary but not less than twice in each year after
giving such notice to the members, as may be prescribed.

**CHAPTER - III**

**EXECUTIVE COMMITTEE AND ITS POWERS**

**11.** **Executive Committee - (1) There shall be an Executive Committee of**
the Council consisting of the Chairman and Vice-Chairman, ex-officio, and
three other members who shall be elected every year by the Council from
among its members at its first meeting held in that year.

(2) (a) Every member of the Executive Committee so elected shall hold
office as such until the next annual election.

(b) If any casual vacancy occurs before such election, the Executive
Committee shall fill that vacancy by electing a member :

Provided that if before the vacancy is so filled, a meeting of the
Council has been called, the vacancy shall be filled by the Council by
electing a member of the Council.

(c) A member of the Executive Committee elected to fill a casual vacancy
shall hold office as such only until the next annual election.

(3) The Chairman and the Vice-Chairman of the Council shall be the
Chairman and the Vice-Chairman respectively of the Executive Committee.

(4) The Council may delegate any of its powers and duties to the
Executive Committee subject to such conditions as it deems fit to impose.

(5) The Council may cancel any delegation made under sub-section (4).

(6) No business shall be transacted at a meeting of the Executive


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Committee unless at least three members thereof are present.

(7) All questions that may come before the Executive Committee shall be
decided by a majority of the members present and voting. In the case of
equality of votes, the Chairman, Vice-Chairman or any member presiding at
the meeting shall have and exercise a second or casting vote.

**CHAPTER IV**
**SPECIAL COMMITTEES AND THEIR FUNCTIONS**

**12.** **Special committees and their functions - (1) The Council may,**
from time to time, appoint one or more special committees, each consisting
of:
(a) not less than three members of the Council who shall be elected
by the Council.

(b) Two such other persons not being members of the Council as
the Council may nominate.

(2) Every special committee shall meet at such time and place as may
be provided in the regulations.

(3) Every special committee shall elect its Chairman from amongst its
members.

(4) The Council may, refer to any such committee for enquiry and report
any matter relating to any of the purposes of this Act, or, delegate to it, any of its
functions by resolution, subject to such conditions as it deems fit to impose and
may cancel any such delegation.

(5) The Council may, at any time, dissolve or subject to the provisions of subsection (1), after the constitution of, any such committee.

**CHAPTER V**
**OFFICERS OF THE COUNCIL**

**13.** **Registrar and other officers - (1) The Council shall appoint a**
Registrar who shall act as Secretary of the Council and who shall also act as
Treasurer, unless the Council appoints another person as Treasurer.

(2) The Registrar shall be responsible for the due performance of the
functions imposed on him and on the Council, under the Indian Medical
Council Act, 1956.

(3) The Council may also appoint such other officers and servants as it
may deem necessary for the purpose of this Act.

(4) All persons appointed under this section shall be deemed to be
public servants within the meaning of section 21 of the Indian Penal Code.

**14.** **Medical Registrar - The Council shall cause to be maintained in the**


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prescribed manner a register of medical practitioners, which shall contain
the names of the medical practitioners, arranged in the alphabetical order
and publish it in the Andhra Pradesh Gazette. It shall be the duty of the
Registrar to keep the register correct and from time to time, to revise the
register and publish it in the prescribed manner. Such register shall be
deemed to be a public document within the meaning of the Indian Evidence
Act, 1872.

**CHAPTER VI**

**REGISTRATION OF MEDICAL PRACTIONERS**

**15.** **Registration of Medical Practitioners - (1) Every person who holds**
any of the Medical qualifications included in the Schedules to the Indian
Medical Council Act, 1956, may apply to the Registrar giving a correct
description of his qualifications, with the dates on which they were granted,
and present his degree, diploma or license along with such fee as may be
prescribed for being registered under this Act. The Registrar shall, if
satisfied that the applicant is entitled to be registered, enter his name in the
register:

Provided that any person whose name has been registered under any
law for the time being in force in any other part of India relating to the
registration of medical practitioners shall be required to pay such
registration fee as may be prescribed if the law aforesaid provides for
registration of persons registered under this Act without the payment of any
fee or on payment of a fee not exceeding the prescribed fee.

1[Provided further that an applicant for Registration, from such date as
may be notified by the Government in this behalf, shall produce proper
evidence to the effect that he or she has completed one year of Rural
Medical Service in the manner prescribed thereof.

**Explanation – 1:- For the purpose of sub-section (1) of this section, an**
applicant for registration means, a person who holds recognized medical
qualification and underwent such practical training in any approved
institution in the State.

**Explanation- 2:- The condition laid down in second proviso to sub-**
section (1) of this section shall also apply to the persons who have not
undergone Rural Medical Service outside the State of Andhra Pradesh.]

1. Added by the Act No.10 of 2013, section 4.


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(2) Any person who immediately before the date of commencement of this
Act was a registered practitioner under the Andhra Pradesh (Andhra Area)
Medical Registration Act, 1914 or the Andhra Pradesh (Andhra Pradesh
Area) Medical Registration Act, 1348 F., and who is qualified for registration
under the Indian Medical Council Act, 1956, shall be deemed to have been
registered under the provisions of this Act on that date and his name shall
be entered in the register maintained under this Act.

(3) Upon entry in the register of a name under this section the Registrar
shall issue a certificate of registration in the prescribed form.

(4) The Council may refuse to permit the registration of any person, who
was convicted of an offence involving a moral turpitude with imprisonment
for a period of not less than six months or with fine of not less than rupees
five hundred and a period of five years has not elapsed from the date of such
conviction, or who after due inquiry by the Council or a Committee thereof
was found guilty by the Council of infamous conduct in any professional
respect.

1[15A - (1) A citizen of India possessing a medical qualification granted by a
medical institution outside India included in Part-II of the Third Schedule to
Indian Medical Council Act, 1956(Central Act 102 of 1956), who is required
to undergo practical training in an approved institution shall be entitled to
be registered provisionally in the Andhra Pradesh Medical Register and shall
be entitled to practice medicine in any approved institution for the purpose
of such training and not for other purpose.

(2) Every person who holds any of the Medical Qualifications included in the
FIRST Schedule to the Indian Medical Council Act, 1956 may apply to the
Registrar giving correct description of his qualification with the date on
which the same was granted and present his pass certificate along with
such fee as may be prescribed by the Council in this behalf, shall be entitled
for the grant of Provisional Medical registration, for the purpose of enabling
him to be engaged in employment in a resident medical capacity in any
approved institution or in the Medical Service of the Armed Forces of the
Union.

(3) The names of all persons provisionally registered under sub-section (1) or
sub-section (2) in the Andhra Pradrsh Medical Register shall be entered
therein separately from the names of other persons registered therein.

(4) A person registered provisionally as aforesaid who has completed
practical training referred to in subsection (1) or who has been engaged for
the prescribed period in employment in a resident medical capacity in any
approved institution or in the Medical Service of the Armed Forces of the
Union, as the case may be, subject to the conditions laid down in Second
Proviso to sub-section (1) of section 15 shall be entitled for registration in

1. Sections 15A, 15AA, 15B, 15C and 15D inserted by Act 10 of 2013, section 5.


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the Andhra Pradesh Medical Register under section 15.

(5) The Registrar shall, if satisfied that the applicant is entitled to be
registered provisionally under sub-section (1) or sub-section (2) enter his
name in the Register and also issue a certificate in the form prescribed in
this behalf.

(6) The Provisional Registration granted under subsection (1) or sub-section
(2) shall be valid for a period of one year from the date of its issuance:

Provided that any person who is unable to complete the practical
training within the validity period of such provisional registration may get
the same revalidated for the required period, but not exceeding for a period
of one year.

**15AA.** [1][******]

**15B. If any person whose name is entered in the Andhra Pradesh Medical**
Register obtains any title, or P.G. Diploma or Degree or a Higher Speciality,
which is a recognized medical qualification, he or she shall, on application
made in this behalf in the prescribed manner, shall be entitled to have an
entry stating such other qualification made against his or her name in the
medical Registrar either in substitution for or in addition to any entry
previously made by plying fee prescribed by the Council;

2[xxxxx]

**15C. (1) Subject to provisions contained in section 15 (1) above, every**
medical practitioner shall once in every five years renew his or her
registration by paying prescribed fee to the Council.

(2) For renewal of registration such applicant shall produce evidence to the
effect that he or she participated or attended a minimum of such hours, as
may be prescribed in this behalf, over a period preceding five years in any
recognized Medical Conference or Seminar or Workshop or Continued
Medical Education Programme approved in this behalf,

(3) The Medical Practitioner who fails to renew his or her registration under
sub-section (1) and in the manner prescribed under sub-section (2), shall
cease to be a registered practitioner within the meaning of section 2 (1) of
the Act, and the Registrar shall remove the name of such practitioner from
the “Register” maintained under section 15:

Provided that the Registrar may grant fresh registration in such cases on
payment of fee as prescribed in this behalf and on an application prescribed
thereto.

1 . Omitted by Act No 16 of 2018, S.2.
2. Provisos omitted by Act 24 of 2018, section 2.


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**15D. (1) Any Medical Practitioner from other Country in the world or from**
other State in India who visits Andhra Pradesh for the purpose of
demonstration of skill or conducting surgeries or procedures or workshop
for the purposes of teaching, research or charitable work who has not
registered his or her name in Medical Council of India shall apply to the
Registrar for the purpose of Temporary Permission for undertaking the
aforesaid professional activities:

Provided that medical practice by such persons shall be,
(a) permitted only if they are enrolled as medical practitioners in accordance
with the law regulating the registration of medical practitioners for the time
being in force in that Country or in that State.

(b) limited to the institution to which they are attached for the time being for
the purposes of teaching, research or charitable work.

(c) limited to the period specified in this behalf by the Council by general or
special order.

(2) Any institution or administrator or head of the unit of the concerned
specialty shall give correct description of qualifications of foreign visiting
doctors with dates on which they were granted and present such degree or
diploma or license along with such fee prescribed by the Council.

(3) The Registrar shall, if satisfied that the applicant is entitled to be
permitted temporarily for medical practice subject to the provisions of subsection (1) above, enter his or her name in the register maintained in this
behalf and also issue a certificate to that effect, on payment of fee prescribed
by the Council from time to time.]

**16.** **Notice of death - (1) Every Registrar of Births and Deaths on**
receiving notice of the death of a registered practitioner, shall forthwith
transmit to the Registrar appointed under this Act, a certificate under his
own hand and seal of such death giving the time and place thereof.

(2) On receipt of such certificate or other reliable information regarding
such death, the Registrar appointed under this Act, shall remove the name
of the deceased practitioner from the register.

**17.** **Cancellation or alteration of entry made in the register - (1) The**
Council may, if it thinks fit, after giving notice to the person concerned and
inquiring into his objections, if any, order that any entry in the register
which is proved to the satisfaction of the Council to have been fraudulently
or incorrectly made or brought about, be cancelled or altered.

(2) The Council may direct the removal, permanently or for a specified
period, from the register the name of any registered practitioner for the same
reasons for which registration may be refused by the Council under sub

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section (4) of section 15 and the provisions thereof shall apply to any inquiry
under this section:

Provided that the name of a registered practitioner shall not be removed
from the register on the ground of his association, in any professional
respect, with a registered practitioner of indigenous medicine such as
Ayurvedic, Homoeopathic, Unani and Sidda.

**Explanation— For the purpose of this proviso, the expression ‘Registered**
practitioner of indigenous medicine’ shall mean ‘a practitioner qualified for
registration under any law for the time being in force relating to the
registration of practitioners of indigenous medicine’.

(3) Nothing in sub-section (2) shall relieve a registered practitioner of any
obligation or code of ethics which may be imposed on registered
practitioners generally by the Council.

(4) Any registered practitioner may make an application to the Council for
deleting his name from the register and the Council may, on such
application and in accordance with such rules as may be made, direct such
deletion. Any such practitioner may apply for fresh registration under
section 15.

(5) A person whose name has been removed or deleted from the register
under this section shall forthwith surrender his certificate of registration to
the Registrar, and the name so removed or deleted shall be published in the
Andhra Pradesh Gazette.

**18. Issue of duplicate certificate of registration -** Where it is shown to
the satisfaction of the Registrar that a certificate of registration has been
lost, destroyed, mutilated or defaced, the Registrar may, on payment of the
prescribed fee, issue a duplicate certificate in the prescribed form.

**CHAPTER VII**

**MEDICAL PARACTIONERS REGISTRATION FUND**

**19. Medical Practitioners Registration Fund - (1) All monies received by**
the Council shall constitute a fund called the Medical Practitioners
Registration fund and shall be applied for such purposes and in such
manner as may be prescribed.

(2) All monies received by the Council shall be lodged in any bank
approved by the Government.

(3) All orders or cheques shall be signed by the Registrar.

**20. Privileges of registered practitioners -** Notwithstanding anything to
the contrary in any other law for the time being in force.


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(i) no person other than a registered practitioner shall, without
the previous sanction of the Government be competent to hold
any appointment as physician, surgeon or other medical officer
in any approved institution which is supported wholly or partly
out of the funds of the State or the fund of a local authority.

(ii) no person other than a registered practitioner shall, with effect
from such date as may be specified by the Government by
notification in this behalf, practice the modern scientific
medicine or hold himself out, whether directly or by implication
as practicing or as being prepared to so practice;

(iii) no certificate required by law to be given by a medical
practitioner shall be valid unless signed by a registered
practitioner.

1[(iv)  The Government shall permit the Council to constitute two or
three member committees for the purpose of visiting or
inspecting any hospital or nursing home or institutions or places
where alleged unethical practices are being taken place and
where un-qualified persons or quacks or doctors who do not
belong to modern system or scientific medicine practicing
Modern medicine and prescribing drugs of modern medicine.
Such committees shall be formed by Chairman of the Council
with the members of all categories except ex-officio members of
Council;

(v)  The Government shall also permit the council to constitute such
committees as specified in clause (iv) above to visit or inspect
institutions or hospitals or places or nursing homes where the
names of the doctors are removed from the register for their
unethical acts but alleged to be continuing to practice without
surrendering the certificate or registration without sufficient
cause within the prescribed time.]

**CHAPTER VIII**
**PENALTIES**

21. **Penalty for falsely claiming to be registered - Whoever falsely**
represents himself to be a registered practitioner shall, whether any person
is actually deceived by such representation or not, be punishable with fine
which may extend to five hundred rupees.

22. Penalty for contravention of provisions of clause (ii) of section 20 Whoever contravenes the provisions of clause (ii) of section 20 shall be
punishable on first conviction with imprisonment which may extend to three
months or with fine which may extend to five hundred rupees or with both,

1. Clauses inserted by Act 10 of 2013, section 6.


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and on any subsequent, conviction with imprisonment which may extend to
six months or with fine which may extend to one thousand rupees or with
both.

23. **Failure to surrender certificate of registration - If any person**
whose name has been removed or deleted from the register under section 17
fails without sufficient cause to surrender his certificate or registration
within the prescribed time, he shall be punishable with fine which may
extend to fifty rupees per month of such failure and in the case of a
continuing offence, with an additional fine which may extend to ten rupees
for every day during which such offence continues after conviction for the
first such offence.

24. **Jurisdiction of Magistrate- No Court inferior to that of a magistrate**
of the first class shall try offence punishable under this Act.

**CHAPTER IX**
**APPEALS**

25. **Appeal from the decision of the Council - An appeal shall lie to the**
Government from a decision of the Council under section 15 or section 17. Such
appeal shall be preferred within three months from the date of the decision of the
Council.

**26. Procedure in inquiries and appeals – (1) An inquiry under section 15 or**
section 17 and may be held by the Council or by Committee which may be
appointed by the Council as provided in sub-section (1) of section 12. The
Council or the committee, as the case may be, may at its discretion hold such
inquiry in camera. Where the inquiry is held by the Committee, it shall make a
report to the Council which shall pass such orders as it deems fit.

(2) In holding inquiries under this Act the Council or its Committee shall
have the same powers as are vested in the civil courts under the Code of
Civil Procedure, 1908, when trying a suit; in respect of the following
matters, namely:—

(a) enforcing the attendance of any person and examining him on oath;

(b) compelling the production of documents;

(c) issuing of commission for the examination of witnesses.

**27. Appeal from order of Registrar - An appeal shall lie to the Council from an**
order of the Registrar under section15. Such appeal shall be preferred within
three months from the date of the order.

**CHAPTER X**

**MISCELLANEOUS**

**28. Control by Government -** If, at any time, it appears to the Government,


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that the Council has failed to exercise or has exceeded or abused any of the
powers conferred upon it by or under this Act, or has failed to perform any of
the duties imposed upon it by or under this Act, Government may communicate
the particulars of such failure, excess or abuse to the Council and require the
Council to remedy it; and if the Council fails to remedy such default, excess or
abuse within such time as may be fixed by the Government in this behalf, the
Government may for the purpose of remedying such default, excess or abuse
cause any of the powers and duties of the Council to be exercised and performed
by such person or agency and for such period as they may think fit.

**29. Bar of jurisdiction - No suit, prosecution or other legal proceeding shall lie**
against the Government, the Council, the Executive Committee or any other
Committee or the Registrar in respect of an act done in the exercise of any
power conferred by or under this Act.

**30. Protection of Acts done in good faith - No suit, prosecution or other legal**
proceedings shall be instituted against any person for anything, which is, in
good faith done or intended to be done under this Act, or under the rules or
regulations made thereunder.

**31. Power to make rules - (1) The Government may, by notification make rules**
for carrying out all or any of the purposes of this Act.

(2) Every rule made under this section shall, immediately after it is made be
laid before each House of the State Legislature if it is in session and if it is not
in session in the session immediately following for a total period of fourteen
days which may be comprised in one session or in two successive sessions, and
if, before the expiration of the session in which it is so laid for the session
immediately following both Houses agree in making any modification in the rule
or in the annulment of the rule, the rule shall from the date on which the
modification or annulment is notified, have effect only in such modified form or
shall stand annulled as the case may be so however such modification or
annulment shall be without prejudice to the validity of anything previously
done under that rule.

**32. Power of council to make regulations - (1) The Council may with the**
previous approval of the Government make regulations for all or any of the
following matters, namely:—

(i) for the conduct of elections to the Executive Committee and other
Committees;
(ii) for the convening of meetings of the Council, the Executive
Committee and other Committees;
(iii) for the conduct of business at such meetings;
(iv) for the appointment, and the conditions of service of the Registrar
and other officers and servants appointed under section 13;
(v) the conditions subject to which the Council may delegate its powers
and duties to any Special Committee;


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(vi) any other matter which is to be provided for in the regulations, or
may be necessary for carrying out the purposes of this Act;
(vii) All regulations made under sub-section (1) shall be published in the
Andhra Pradesh Gazette.
(viii) The Government may, by order, modify or cancel any regulation
made under sub-section (1).

**33. Acts of council, etc., not to be invalidated by vacancy, etc., - No act or**
proceeding of the Council, the Executive Committee or a Special Committee
shall be deemed to be invalid by reason only of any defect in the constitution of
such Council, Executive Committee or Special Committee or merely on the
ground that the Chairman, the Vice-Chairman or any member of the Council,
the member of the Executive Committee or the member of a Special Committee
as the case may be was not entitled to hold or continue in such office by reason
of any disqualification or by reason of any irregularity in his election or
nomination or by reason of such act or proceeding having been done or
conducted during the period of any vacancy in the Office of the Chairman, the
Vice-Chairman or any member of the Council, the member of the Executive
Committee or the member of a Special Committee.

**34. Allowance to members -** There shall be paid to the members of the
Council, the members of the Executive Committee or the members of a Special
Committee for attending a meeting of the Council, the Executive Committee or
the Special Committee, as the case may be, such allowances as may be
prescribed.

**35. Repeals and Savings -** The Andhra Pradesh (Andhra Area) Medical
Registration Act, 1914 and the Andhra Pradesh (Telangana Area) Medical
Registration Act, 1348 F., are hereby repealed:

Provided that —

(i) such repeal shall not affect anything done or any action taken
under the Acts so repealed, before the commencement of this Act;

(ii) notwithstanding such repeal, until a Council is constituted in
accordance with the provisions of this Act —

(a) the Medical Council constituted for the Andhra area or the
Andhra Pradesh area under the relevant repealed Act and
functioning immediately before the commencement of this Act,
shall continue to function for the area for which it was constituted
as if it were a Council constituted under the provisions of this Act
and any vacancy occurring in the said Medical Council shall be
filled in such manner as the Government may think fit.

(b) the Executive Committee and other Committees of a Medical
Council as constituted immediately before the commencement of
this Act shall be deemed to be the Executive Committee and other
Committees constituted under this Act ;

(iii) on the constitution of the Council under the provisions of this Act,


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the Medical Councils functioning by virtue of clause (ii) shall stand dissolved
and their assets and liabilities shall devolve on the Council so constituted.

**36. Extension and amendment of Central Act 7 of 1916 to the Telangana Area –**
(1) The Indian Medical Degrees Act, 1916, as in force in the Andhra Area at the
commencement of this Act, is hereby extended to the Telangana Area.

(2) In the said Act –

(i) in section 2, after the words “all the territories” the words
“comprised in the State of Andhra Pradesh and all the other
territories” shall be substituted.

(ii) for sub-clause (i) of clause (b) of sub-section (1) of section 6-A
as inserted by section 3 of the Indian Medical Degrees (Andhra
Pradesh) (Andhra Area) Amendment Act, 1940, the following subclause shall be substituted, namely:
(i) is recognized by any law for the time being in force in the States, or”.


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