Chapter- 3
Meeting of the Council and Other Provisions Relating Thereto
8. Meeting of the Council and procedure thereof: (1) The Chairperson shall
convene the meeting of the Council.
(2) The meeting of the Council shall generally be held Six times a
year in Kathmandu.
(3) The Registrar shall send a notice along with agenda and venue of the
meeting at least seven days in advance.
(4) The Vice-Chairperson shall preside over the meeting in the absence
of the Chairperson and in the absence of both the Chairperson and ViceChairperson
a member elected by majority of members so present shall preside
over the meeting.
(5) The presence of fifty percent of the total number of members of
the Council shall be deemed to have constituted the quorum of the meeting.
(6) The Chairperson may, if he/she considers it necessary, convene a
special meeting. If, a special meeting requires to be convened a notice at least
of Twenty Four hours shall be required to be given and no matter other than
the one for which the meeting was convened shall be discussed in such
meeting.
(6a) If Twenty Five percent members of the total number of members
request in writing with their signature to the Council enclosing therewith
agenda to convene special meeting of the Council, the Chairperson shall
convene the special meeting of the Council within seven days of the receipt of
such application.
(6b) If the Chairperson fails to call the meeting of the Council within
the time limit mentioned in Sub-rule (6a), the Vice-Chairperson shall be
required to call the meeting of the Council within Seven days of the expiry of
such time limit and if the Vice-Chairperson too fails to call the meeting, the
Amended by First Amendment.
Amended by Second Amendment
Sub-rule (6a) and (6b) have been inserted by Second Amendment.
6
Registrar shall be required to call the special meeting of the Council within
seven days of the expiry of such time limit.
(7) A member, interested of having a matter not included in agenda to
be discussed, shall be required to provide a notice in writing to the Registrar at
least Three days in advance of holding of the meeting.
(8) The Registrar shall send the amended agenda pursuant to Sub-rule
(7) to all the members at least two days in advance of holding of the meeting.
Provided that, if all the members of the Council unanimously desire to
have an important matter included in the agenda for discussion, the
Chairperson may give permission to put such matter in the discussion
notwithstanding, howsoever late the notice has been received.
(9) If a quorum for a meeting is not constituted even up to half an hour
after the time specified for the meeting, such meeting shall stand withheld and
such meeting may take place at any time in the place specified by the
Chairperson within Twenty Four hour of the withholding of such meeting and
quorum shall not be required for the meeting re-held in such a way.
(10) The Registrar shall provide notice even to the absent members of
the meeting called after it was withheld.
(11) In the absence of unanimous vote on a matter there shall be a
voting in such case and the decision of the majority shall prevail.
(12) The Chairperson shall decide whether vote shall be taken by raising
hand or by division of voters into for and against or by secret ballot and the
Chairperson shall declare the result of vote.
Provided that, the system requested by the majority members present
in the meeting of the Council shall be adopted accordingly.
(13) The Council shall have the power to approve, disapprove, approve
with amendment or withhold a proposal.
(14) The Chairperson may, as per necessity, fix time for a speech of the
member.
Amended by Second Amendment.
(15) The Registrar shall send the matters decided by the meeting to all
members for their information within Forty Eight hours of the meeting.
(15a) If any member has comment on the decision so taken, such
member shall be required to send his/her opinion to the Registrar within
Twenty Four hour of the decision so received pursuant to Sub-rule (15).
(15b) If no comment has been received within the time limit as
mentioned in Sub-rule (15a) from members, the Registrar shall record the
decision in register so taken in a meeting and shall have it certified by the
signatures of the Chairperson.
(15c) If any comment has been received from members within the time
limit mentioned in Sub-rule (15a), the Registrar shall make necessary
consultation with the Chairperson as regards such comment and shall act as
directed by the Chairperson.
(15d) Procedure set forth in Sub-rules (15), (15a), (15b), and (15c)
need not be applied as regards the matter decided by the Council as urgent.
(16) All documents relating to the Council shall be kept confidential
under the responsibility of the Registrar. Any member of the Council may
inspect or copy such description.
(17) If the Registrar acts ultra virus the policy and direction of the
Council or willfully commits or attempts to commit any act causing loss and/or
damage to the Council or acquires improper profit by abusing his/her post or so
attempts or commits directly or indirectly an act against the interest of the
Council or commits any irregular act, the Council may submit a report to
Government of Nepal along with full texts of its own conclusion to dismiss
him/her from his/her post or to penalize him/her by punishment.
Government of Nepal may suspend the Registrar in order to cause an
inquiry on the charge made against him/her.
9……………….
Amended to Sub-rule (15) by Second Amendment and Sub-rules (15 a), (15b), (15c) and (15d) have been
inserted.
Repealed by First Amendment.
(10) Formation of the Committee and delegations of authority: (1)
Pursuant to Section 11 of the Act, the Council may form the following
Committees and delegate the authority conferred upon it by the Act and these
Rules to such committees to be exercised under its control and supervision.
(a) Registration Committee,
(b) Qualification Fixation Committee,
(c) Professional Ethics and Health Committee,
(d) Education Committee.
(2) In addition to the Committees pursuant to Sub-rule (1), the Council
may, if it considers necessary form other two Committees.
(3) The powers, functions and duties of the Committee formed pursuant
to Sub-rule (1) and (2) shall be as mentioned for in the Bye-laws.
(4) The Council may designate members, as per necessity, at least
Three to Five on the Committee formed pursuant to Sub-rule (1), provided that
a dental practitioner (dentist) shall be represented to the Committee.
11. … … … …
12. …. …. …. …
13. Terms and condition of the service of the employees of the Council: The
terms and conditions, remuneration and allowance of the Registrar and other
staffs of the Council shall be as mentioned in the Bye-laws to be framed by the
Council.
13a. Functions, duties and powers of the Chairperson: Subject to the provision
of the Act and Rules, the functions, duties and powers of the Chairperson shall
be as follows:
(a) To determine priority of the matters to be discussed in the meeting of
the Council,
Amended by Second Amendment.
Inserted by Third Amendment
Deleted by Third Amendment
Deleted by First Amendment.
Rules 13a and 13b have been inserted by Second Amendment.
(b) To monitor or cause to be monitored or evaluate or cause to be
evaluated the project and programme operated by the Council and to
provide necessary direction in relation thereto,
(c) To conduct the acts and action of the Council systematically, effectively
and continually.
(d) To carryout or caused to be carried out other works directed by the
Council.
13b. Functions, duties and powers of the Deputy-Chairperson: Subject to the
Act and these Rules, the Vice-Chairperson shall discharge the functions, duties
and exercise the powers of the Chairperson in the absence of the Chairperson.
14. Functions and duties of the Registrar: In addition to the functions, duties
and powers provided for in these Rules elsewhere, the functions and duties of
the Registrar shall be as follows:
(1) To submit application filed by medical practitioner for registration to
the Committee to be formed under these Rules for proceeding,
(2) To keep the medical practitioner’s registration register under his/her
control,
(3) If somebody’s name is found to have been omitted in the name list or a
notice thereof is received from anybody, to amend the list as per
necessity,
(4) To carry out the act as Treasurer of the Council,
(5) To submit to the Council for appointment, promotion of and
departmental action against an employee of the Council,
(6) To discharge daily internal administration of the Council being
accountable to the Council,
(6a) To formulate annual programme and plan of the Council and submit the
same to the Council within the end of the month of Phalgun of every
year,
(6b) To implement budget, plan and programme approved by the Council,
Clauses (6a),(6b),(6c) and (6d) have been inserted by Second Amendment.
(6c) To act as a liaison officer between the Council and the medical
practitioners registered in the Council,
(6d) To do and cause to be done other works as directed by the Council,
(7) To do other act specified by Government of Nepal with prior
consultations of the Council,
15 Registration book (1) For the purpose of registration of the name of medical
practitioner as permanent, temporary, trial and specialist a separate register
book of permanent temporary, trial and specialist registration respectively shall
be maintained in the format of Schedule 3,4,5 and 6.
(2) The registration book under Sub-rule (1) may be maintained in both
the Nepali and English languages. Registration shall be made in the Nepali
language register in the order of first letter of name and in the English
Language register in the order of first letter of surname.
16 To Publish registration list (inventory): (1) The Council shall publish the
name registration list of the medical practitioners registered every year in the
Council.
(2) The Council shall update the name registration list published
pursuant to Sub-rule (1) and publish the same in every Four year.
(3) Notwithstanding anything contained in Sub-rule (1) and (2), the
name of trial registration holder and registered foreign medical practitioners
shall not be included in the name registration list.
17. … …
18 Provision concerning removal of name from register and re-registration:
(1) If any registered medical practitioner desires to have his/her name removed
from the register, may remove his name by submission of an application.
Provided that, even after he/she has made an application it shall not bar
to take an action under the Act and Rules and to remove his/her name from the
register as a punishment.
Amended by Second Amendment.
Amended by Third amendment.
Deleted by Second Amendment.
(2) A medical practitioner, who has so removed his/her name by
submission of an application, may apply to re-register his/her name upon
payment of full fee.
(3) Where a medical practitioner, whose name has been removed under
the conditions as mentioned in Sub-section (2) of Section 13 of the Act,
desires to re-register his/her name by submission of an application, his/her
name shall be registered upon receipt of full fee as per Rule from him/her.
(4) A medical practitioner, whose name has been removed from the
Register pursuant to Sub-section (1) of Section 17, may apply for registration
of his/her name after Two years of removal of his/her name by promising that
he/she would reform his/her character. The Council also may, after considering
his/her offence or conduct and whether he/she has improved his/her conduct or
not and whether he/she can improve conduct or not, decide to register his/her
name and if a decision is taken to register his/her name, his/her name shall be
registered by taking full fee as per Rule.
(5) If the application made pursuant to Sub-rule (4) is not accepted, an
application may be given again upon expiry of One year.
19. Action to be taken upon resignation by the member of the Council or
upon vacant of the post: (1) If a member of the Council desires to resign
from his/her post, resignation may be tendered in the case of an elected
member to the Chairperson and in the case of a nominated member to
Government of Nepal through the Chairperson.
(2) If the position of a member becomes vacant by virtue of his/her
resignation or upon his/her death or disqualification attached for member
pursuant to the Act, the vacant post shall be filled up as soon as possible by
application of the method by which he/she had acquired his membership of the
Council.
20. Fund of the Council and operation thereof: (1) The Following amount shall
credited to the Fund of the Council:
(a) Amount received to the Council by application fee,
(b) An unconditional amount (cash or kind) provided by any
association or person to the Council on the Condition
that it will not contravene the policy and objective of the
Council,
(c) Amount raised by Council by publication and sale of a
book, booklet,
(d) Grant received from Government of Nepal and
(e) Amount received from other sources.
Provided that, the Council shall obtain approval of
Government of Nepal before obtaining financial assistance
from non-Nepalese citizen, foreign government or
international union/association and the amount so
received shall be expended for the work for which it was
received.
(2) The Fund of the Council shall be operated as provided for in the
Bye-laws.
20a. Criteria for granting recognition to a medical college by the Council: (1)
For the purpose of Clause (a) of Sub-Section (1) of Section 7a of the Act, a
medical college shall be required to complete the following basic standard and
infrastructures: –
(a) If the medical college is to be operated by nongovernmental
or private sector, it must have been
established and registered as per the prevailing laws,
(b) Medical college and teaching hospital to have established
in the same place or established in a place convenient to
each other,
(c) Must have obtained affiliation from a University,
Amended by Second Amendment.
Rule 20a has been Amended by Third Amendment and Rules 20b, 20c, 20d, 20e, 20f and 20g have been
inserted by the same Amendment.
(d) In order to operate bachelor level courses in Medical
Science medical or dental subject the following
educational and physical infrastructure to be completed:
(1) Arrangement must have been made for adequate
teacher, educational material, instrument,
equipment in anatomy, physiology, pathology,
pharmacology, microbiology, biochemistry
department and community medicine department,
(2) Must have arrangement for adequate educational,
administrative and residential buildings,
(3) Must have established library relating to medical
subject,
(4) A medical college proposed to conduct medical
courses of bachelor level must have at least Seventy
Five ropanies of land under its ownership and
medical college proposed to conduct dental course
of bachelor level must have at least Forty ropanies
of land under its ownership,
(5) To conduct M.B.B.S. courses, there must have an
arrangement of a running hospital of Three hundred
beds, and to conduct dental course, there must
have an arrangement of a running general hospital
of One hundred beds with specialist service at least
of three subjects in dental disease including twenty
five dental chairs,
(6) Must have prepared a pre-plan of construction and
expansion of educational administrative and
teaching hospital and residential buildings,
(2) Prior to the conduction of a master’s courses of medical or dental
subject of medical science, the first group of students of medical or dental
courses of bachelor level shall be required to be conducted and completed the
courses thereof.
(3) The Council may, by framing Bye-laws provide for provisions
concerning teacher, educational material, equipment, instrument, hospital as
required and other necessary infrastructures for qualitative education in
medical or dental college.
(4) A medical or dental college must have completed the infrastructure
and standard set forth in these Rules prior to the starting the proposed courses
and the institution that conducts medical college must gradually and orderly
develop infrastructures as prescribed by the Council,
20b. Inspections: (1) The Council shall form separate inspection teams of specialist
inspectors for development of infrastructure, monitoring and evaluation of
qualitative medical education and inspection of examination.
(2) The Council may designate, as per necessity, three to seven
inspectors to the Inspection Committee formed under Sub-rule (1).
(3) It shall be the duty of a medical college so concerned to assist the
Inspection Committee and make available all the description requested by the
team.
(4) The Inspection Committee shall be required to prepare and submit
inspection, monitoring and evaluation report to the Council within Seven
days of the inspection in the format mentioned in Schedule-7.
(5) For inspection of examination pursuant to section 21 b. of the Act,
the concerned medical college shall be required to send a notice in writing to
the Council immediately after the date for university level annual examination
is fixed.
20c. Operation of course and recognition: (1) On the basis of the inspection
report submitted by the inspection team pursuant to Sub-rule (4) of Rule 20,
the Council shall specify the maximum number of students that can be
admitted by the college and may grant a trial recognition for a period of one
academic year.
(2) A College which has received a trial recognition shall be required to
be inspected such college by the Council and renew trial recognition and
number of admission of student prior to the admission of students every year.
(3) The Council may grant full recognition for a particular period to the
concerned medical college, which has already produced student of first group
after it has received trail recognition.
(4) The Council shall periodically make available to Government of
Nepal, concerned medical college and the university with which such college
affiliated, the inspection report submitted by an inspection team pursuant to
Sub-rule (4) of Rule 20b to the Council and the decisions taken by the Council
on the basis of such report.
20d. Recommendation for revocation of the approval for conduct of medical
college: (1) If a medical college to which the Council has granted recognition
fails to complete the standard and infrastructure within the period specified by
the Council or if the trial or full recognition of such medical college is revoked,
the Council shall recommend to Government of Nepal to revoke the approval
given to operate such medical college by Government of Nepal.
(2) Notwithstanding anything contained in Sub-rule (1), the Council
shall, before making a recommendation for revocation of the approval of
medical college require a clarification from the medical college by providing an
appropriate time for why a recommendation should be made on the basis of the
inspection report submitted by the inspection team to Government of Nepal to
revoke approval given to operate such medical college by Government of
Nepal.
(3) If the college does not present the clarification so asked by the
Council under Sub-rule (2) or the clarification so presented is not found
satisfactory, the Council may, on the basis of the inspection report, recommend
along with its decision, to Government of Nepal, to revoke the approval stating
that such medical college is not appropriate to conduct.
(4) Upon receipt of the recommendation submitted pursuant to Sub-rule
(3), Government of Nepal may seek further clarification from the concerned
medical college by providing an appropriate time and may, after considering,
the clarification so received, if any, and conducting an investigation if such
investigation is required, revoke the approval of such medical college on the
basis also of such investigation.
20e. Examination for registration certificate: (1) For the purpose of Clause (d)
of sub-section (1) of Section 7a of the Act, the Council may conduct an
examination for registration certificate.
(2) The examination for registration certificate under Sub-rule (1) may
be conducted in the following one or more methods: –
(a) Written examination,
(b) Practical examination, and
(c) Interview.
(3) Fee for examination for registration certificate shall be as prescribed
in Schedule-9.
(4) Other provisions concerning examination for registration certificate
shall be as prescribed by the Council.
(5) Subject to the Act and other provisions of these Rules, the name of
the medical practitioners who have passed the examination for registration
certificate shall be registered.
20f. Special Examination: (1) For the purpose of Section 21d. of the Act, the
Council may conduct special examination on the basis of the prescribed
curriculum.
(2) In the special examination, written examination shall be compulsory
and the Council may in the special examination according to necessity,
conduct practical examination, interview and other types of examination.
(3) Special examination fee shall be as prescribed in Schedule-9.
(4) Other provisions concerning special examination shall be as
prescribed by the Council.
20g. Committee to conduct Examination: To conduct examination for registration
certificate and special examination pursuant to Sub-rule (20e) and (20f), the
Council shall form a five member Examination Committee.
21. Procedure concerning adoption of a resolution to institute a suit: (1) It
shall be the duty of the Council to provide a reasonable opportunity to the
concerned person for submission of a clarification and to consider such
clarification, before adoption and submission to Government of Nepal a
resolution to institute a suit pursuant to Clause (a) of Section 28 of the Act.
(2) Upon receipt of a resolution under Sub-rule (1), Government of
Nepal may make further investigation of the charge.
⊕21a Provision concerning election: (1) The members of the Council under
Clause (b) and (f) of Sub-section (1) of Section 4 of the Act shall be elected by
a simple majority.
(2)……………..
21b. Election Committee: (1) The Council shall form a three member Election
Committee consisting of a Chief Election Officer, who shall be the Chairperson
of the Committee, and other two election officers.
(2) The Election Committee formed under Sub-rule (1) shall upon
publication of result be automatically dissolved.
(3) All expenditure to be incurred for election under these Rules shall
be borne out from the fund of the Council.
(4) Other procedure relating to election shall be as prescribed by the
Council.
21c. Voting: (1) Medical practitioners whose names were registered in the Council
before formation of the Election Committee may participate in voting for
election.
(2) Notwithstanding anything contained in Sub-rule (1) the medical
practitioners with trail registration and registered foreign medical practitioners
shall not be entitled to caste vote in the election.
Amended by Third Amendment
⊕ Inserted by Second Amendment
Amended by Third Amendment
Deleted by Third Amendment.
Rules (21b),(21c),(21d), (21e) have been inserted by Third Amendment .
21d. Deemed to have been elected: (1) Where an election is contested for one post
a candidate who has secured the highest number of votes shall be deemed to
have been elected.
(2) Where the election is contested for more than one post candidates
who secure more votes shall be deemed to have been elected respectively.
(3) If there is only one candidate for a post for which election is
contested or there are less candidates than the number of posts for which an
election is contested, such candidate shall be declared elected unanimously.
(4) If the numbers of valid votes secured by candidates are equal the
election officer shall have to select a candidate by a lottery between the
candidates who have secured equal number of votes. A candidate who is so
elected by lottery shall be deemed to have secured one more vote.
21e. Functions, duties and powers of the Election Committee: (1) The Election
Committee shall exercise the power to discharge all functions, duties relating
to election such as publishing voters list, hearing objection to voters list,
publishing final voter, list, examining the nomination of candidate, hearing
objection to nomination letter, specifying voting booth, causing the vote to be
cast, counting vote; declaring the result of election.
(2) The Election Committee while exercising its power pursuant to Subrule
(1) may prescribe the forms relating to election, issue guidelines necessary
for election and employ persons necessary to complete elections.
(3) Other procedures concerning election, shall be as prescribed by the
Council.
