166

    Complaint under the Indian Medical Degrees Act, 1916.—Section 7 and 8
of the Indian Medical Degrees Act, 1916, provide that cognizance of an
offence punishable under that Act may be taken by the Court of a Presi-
dency Magistrate or a Magistrate of the First Class upon complaint made,
with the previous sanction of the Local Government, by a Council of
Medical Registration established by law.

    Privileges of Registered Medical Practitioners.—Under the various Acts,
registered medical practitioners are entitled to the following privileges:

      1) No certificate required by law to be given by a medical practi
tioner or officer shall be valid unless signed by a registered
practitioner,

      2) except with the special sanction of the Local Government, no
one other than a registered practitioner shall be competent
to hold any Government or semi-Government appointment
as Physician, Surgeon, or other Medical Officer in any
Hospital, Asylum or Dispensary.

    Legal Privileges of Medical Councils.—All Acts of Medical Registration
provide for a bar to suits and other legal proceedings by laying down that
no act done in the exercise of any power conferred by the Act on the Local
Government or the Council or the Registrar shall be questioned in any
civil court.

    The Madras, United Provinces, Punjab and Central Provinces Acts
confer another privilege also on their respective Medical Councils by pro-
viding that for the purpose of any inquiry with regard to the professional
misconduct of a medical practitioner applying for registration or of one
already registered or in hearing an appeal against the decision of a Registrar
who may have refused registration to an applicant desirous of getting his
name registered the Council or any authorised Committee thereof shall
be deemed to be a Court within the meaning of the Indian Evidence Act,
1872; and such Council or Committee thereof shall exercise all powers of
a Commissioner appointed under the Public Servants (Inquiries) Act, 1850,
and such inquiries and appeals shall be conducted, as far as may be, in
accordance with the provisions of Section 5 and Sections 8-20 of the
Public Servants (Inquiries) Act, 1850.

    Appeals.—With regard to appeals the following provisions exist in the
various Acts of Medical Registration.

    Appeal against decision of the Registrar.—An appeal shall lie to the
Council, within three months from the date of the order, against any order
of the Registrar refusing to enter the name or any title or qualification of
the appellant in the register of registered practitioners. The Council's
decision on such appeals shall be final.

    Appeal to Local Government against decision of the Council.—An appeal
shall lie to the Local Government within three months from every decision
of Council refusing registration to or removing the name of any person
who has been sentenced for any non-bailable or cognizable offence or any
such offence as implies defect of character or who has been found guilty
of infamous conduct in any professional respect by an inquiry of the
Council at which he has been given an opportunity to be heard.