Date of Publication: [ 9th April, 1980 ]

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Preamble

WHEREAS it is expedient to repeal and, with certain modifications, re enact the Medical Council Act, 1973 (XXX of 1973), to provide for the constitution of a Medical and Dental Council, for regulating registration of medical practitioners and dentists and also for the purpose of establishing a uniform standard of basic and higher qualifications in medicine and dentistry and for matters connected therewith;It is hereby enacted as follows:-

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Sections/Articles

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Short title

  1. This Act may be called the Medical and Dental Council Act, 1980.

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Definitions

  1. In this Act, unless there is anything repugnant in the subject or context,-(a) “approved hospital” or “approved institution” means a hospital or an institution approved by the Council for the purpose of sub section (1) of section 20;(b) “Council” means the Bangladesh Medical and Dental Council constituted under this Act;(c) “dental institution” means any institution which trains for, or grants, or both trains for and grants, degrees, diplomas or licenses in dentistry;(d) “medical institution” means any institution, which trains for, or grants, or both trains for and grants, degrees, diplomas or licences in medicine;(e) “medicine” means modern scientific medicine and includes surgery and obstetrics, but does not include veterinary medicine and surgery;(f) “member” means a member of the Council;(g) “private medical institution” means a medical institution not recognised by the Government;(h) “recognised additional medical qualification” means any medical qualification included in the Third Schedule;(i) “recognised dental qualification” means any dental qualifications, included in the Fifth Schedule;(j) “recognised medical qualification” means any medical qualifications included in the Schedules, or recognised under sections 9, 10, 11, 12, 13 or 14;(k) “Register” means the Registers of medical practitioners maintained under section 20 or the Register of dentists maintained under section 22;(l) “registered dentist” means a person registered as such under this Act;(m) “registered medical practitioner” means a person registered or provisionally registered as such under this Act;(n) “registrable medical licence or diploma” means any medical licences or diplomas included in the Fourth Schedule; and(o) “regulation” means a regulation made under section 33.

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Constitution and composition of the Council

  1. (1) The Council shall consist of the following members, namely:-(a) the Director of Health Services (Curative), ex officio;(b) the Director of Health Services (Preventive), ex officio;(c) the Director of Drug Administration, ex officio;(d) the Director of Nursing Services, ex officio;(e) the Director General of Army Medical Services, ex officio;(f) the Director General of Family Planning, ex officio;(g) the Director, National Institute of Preventive and Social Medicine, ex officio;(h) the Deans of the Faculty of Medicine of the Universities of Dacca, Chittagong and Rajshahi, ex officio;(i) ten members, at least two from each administrative Division of Bangladesh to be nominated by the Government;(j) one member each to be elected by the teaching staff of the Institute of Post Graduate Medicine and Research and each Medical College and Dental College of Bangladesh from amongst the teachers on its staff;(k) one member to be nominated by the Bangladesh Medical Association;(l) one member to be nominated by the Bangladesh Private Medical Practitioners Association;(m) one member, belonging to the legal profession, to be nominated by the Chief Justice of Bangladesh;(n) eight members of Parliament, one from each of the four administrative Divisions and one from each of the four Divisional cities, to be nominated by the Speaker; and(o) two women members to be nominated by the Government.(2) No person shall at one and the same time serve as a member in more than one capacity.(3) The President of the Council shall be elected by the members from amongst themselves.(4) No act done by the Council shall be invalid on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Council.

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Incorporation of the Council

  1. The Council shall be a body corporate by the name of the Bangladesh Medical and Dental Council, having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable, and to contract, and shall by the said name sue and be sued.

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Term of office

  1. (1) The President of the Council shall hold office for a term not exceeding three years and not extending beyond the expiry of his term as member.(2) A member, other than an ex officio member, shall hold office for a term of three years from the date of his nomination or election, as the case may be, or until his successor has been nominated or elected:Provided that if such member fails to attend three consecutive meetings of the Council, or remains out of Bangladesh for a continuous period exceeding one year, or ceases to represent the particular interest which he was elected or nominated to represent, his seat shall be deemed to have been vacated and a person shall thereupon be elected or nominated, as the case may be, to fill the vacancy:Provided further that a member shall be deemed to have vacated his seat if he is declared by a competent Court of law to be of unsound mind, or insolvent, or is convicted for a criminal offence involving moral turpitude, including unprofessional and infamous conduct.(3) Where the said term of three years is about to expire in respect of any member, his successor may be nominated or, as the case may be, elected at any time within three months before the said term expires, but shall not assume office until the said term has expired.(4) A member may, at any time, resign his membership by writing under his hand to the President of the Council, and the seat of such member shall be deemed to have fallen vacant from the date of acceptance of his resignation by the President.(5) A casual vacancy in the Council shall be filled through election or nomination, as the case may be, and the person elected or nominated to fill the vacancy shall hold office for the remaining period of the term of his predecessor.

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Meeting of the Council

  1. (1) The Council shall meet at least twice in each year at such time and place as may be decided by the Council, and in case of emergency, the Registrar may, with the consent of the President of the Council, call a meeting.(2) Until otherwise provided by regulation, eleven members shall form a quorum, and all the acts of the Council shall be decided by a majority of the members present and voting.

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Officers, committees and employees of the Council

  1. (1) The Council shall-(a) elect from amongst its members a Vice President and an Honorary Treasurer;(b) constitute from amongst its members an Executive Committee, and such other Committees for general or special purposes as the Council deems necessary to carry out the purposes of this Act;(c) with the previous approval of the Government, appoint a Registrar on such terms and conditions as may be approved by the Government;(d) appoint such other officers and employees as the Council deems necessary to carry out the purposes of this Act;(e) require and take from the Treasurer, or from any other officers or employees, such security for the due performance of his duties as the Council deems necessary; and(f) with the previous approval of the Government, fix the remuneration and allowances to be paid to the officers and employees of the Council.(2) All persons appointed under this section shall be deemed to be public servants within the meaning of section 21 of the Penal Code (Act XLV of 1860).

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The Executive Committee

  1. (1) The Executive Committee shall consist of seven members, of whom five shall be elected by the Council from amongst its members.(2) The President and Vice President of the Council shall be members ex officio of the Executive Committee, and shall be President and Vice President, respectively, of that Committee.(3) In addition to the powers conferred and duties imposed upon it by this Act, the Executive Committee shall exercise and discharge such powers and duties as the Council may confer or impose upon it by any regulations which may be made in this behalf.

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Recognition of medical qualifications granted by medical institutions in Bangladesh

  1. (1) The medical qualifications granted by medical institutions in Bangladesh which are included in the First Schedule shall, subject to such conditions, if any, as specified therein, be recognised medical qualifications for the purposes of this Act.(2) Any medical institution in Bangladesh which grants a medical qualification not included in the First Schedule may apply to the Council to have such qualification recognised, and the Council may, after due consideration, by notification in the official Gazette, amend the First Schedule so as to include such qualification therein subject to such conditions, if any, as may be specified.

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Recognition of medical qualifications granted by institutions outside Bangladesh.

  1. The medical qualifications granted by medical institutions outside Bangladesh which are included in the Second Schedule shall, subject to such conditions, if any, as specified therein, be recognised medical qualifications for the purposes of this Act.

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Arrangements for amendment of the Second Schedule

  1. (1) At any time, the Council may enter into negotiations with the appropriate authority in any State or country outside Bangladesh for the settling of a scheme of reciprocity for the recognition of medical qualifications, and in pursuance of any such scheme, the Council may, by notification in the official Gazette, amend the Second Schedule so as to include therein any medical qualifications which the Council has decided to recognise.(2) The Government, after consulting the Council, may, if it thinks fit, by notification in the official Gazette, amend the Second Schedule so as to include therein, or omit therefrom, any medical qualification granted by a medical institution in any State or country outside Bangladesh on and from a specified date, notwithstanding the fact that a reciprocal scheme of recognition has or has not been entered into between the Council and such authority in that State or country as is referred to in sub section (1).

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Additional medical qualifications

  1. (1) The Post graduate medical qualifications granted by medical institutions in or outside Bangladesh which are included in the Third Schedule shall be recognised additional medical qualifications subject to such conditions, if any, as specified therein for the purposes of this Act.(2) The Council may, by notification in the official Gazette, amend the Third Schedule so as to include therein, subject to such conditions, if any, as may be specified, any additional medical qualification in respect of which the Council is satisfied that it is of sufficient standing to warrant its being included therein.(3) Notwithstanding anything contained in sub-section (2), the Government may, after consulting the Council, by notification in the official Gazette, amend the Third Schedule so as to include therein, or omit therefrom, any additional medical qualification.

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Registrable medical licences and diplomas

  1. (1) The medical licences or diplomas granted by medical institutions in or outside Bangladesh which are included in the Fourth Schedule shall, subject to such conditions, if any, as specified therein, be registrable medical licences or diplomas for the purposes of this Act.(2) The Council may, by notification in the official Gazette, amend the Fourth Schedule so as to include therein, subject to such conditions, if any, as may be specified, any medical licences or diplomas in respect of which the Council is satisfied that it is of sufficient standing to warrant its being included therein.(3) Notwithstanding anything contained in this section, the Government may, after consulting the Council, by notification in the official Gazette, amend the Fourth Schedule so as to include therein, or omit therefrom, any medical licence or diploma.

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Registrable medical examinations pass certificates

  1. (1) Medical examinations pass certificates granted on the completion of a medical course of not less than four years by any private medical institutions which were in existence in the territories now comprising Bangladesh in or before the year 1965, and the registration certificates of such course granted by the West Bengal Council of Medical Registration shall be registrable medical certificates for the purposes of this Act.(2) Medical examinations pass certificates granted by medical institutions in Bangladesh on the completion of a medical training course for a period which shall not be less than one year to be fixed by the Government by notification in the official Gazette, shall be registrable medical certificate for the purposes of this Act, and the persons possessing such medical certificates shall be able to practise medicine, surgery and midwifery under such terms and conditions as may be specified by the Government.

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Recognition of dental qualifications granted by dental institutions in or outside Bangladesh

  1. (1) The dental qualifications granted by dental institutions in or outside Bangladesh which are included in the Fifth Schedule shall, subject to such conditions, if any, as specified therein, be recognised dental qualifications for the purposes of this Act.(2) Any dental institution in or outside Bangladesh which grants a dental qualification not included in the Fifth Schedule may apply to the Council to have such qualification recognised, and the Council may, after due consideration, by notification in the official Gazette, amend the Fifth Schedule so as to include such qualification therein subject to such conditions, if any, as may be specified.(3) A person who does not hold a recognised dental qualification, but has been engaged in practice as a dentist as his principal means of livelihood for a period of not less than five years, may be recognised for registration:Provided that he submits an application with prescribed fees on a date prior to that fixed by the Government and with his professional proficiency satisfies the Registration Tribunal set up by the Council.

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Appeal against the Council refusing recognition of any medical or dental qualification

  1. Where the Council has refused to recognise any medical or dental qualification or has refused to amend the concerned Schedule, the Council shall inform the applicant, institution or the authority, as the case may be, in writing of such rejection and the aggrieved person, institution or the authority, may appeal against such rejection to the Government; and the Government, after considering such application and the Council’s reasons for such refusal, may, by notification in the official Gazette, amend the concerned Schedule so as to include therein the medical or dental qualification subject to such conditions, if any, as may be specified.

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Power to require information as to courses of study and examinations

  1. (1) Every medical or dental institution in Bangladesh which trains for, or grants, or both trains for and grants, a medical qualification, additional medical qualification or registrable medical licences or diploma, or any degree, diploma or licence in dentistry, shall furnish such information as the Council may, from time to time, require as to the courses of study and examinations to be undergone in order to obtain such qualification, as to the minimum age at which such undergraduate courses of study can be undertaken on admission in the institution concerned, examinations required to be undergone prior to such qualifications being conferred, and generally as to the requisites for obtaining such qualifications.(2) Every medical certificate holder as mentioned in section 14 shall furnish such information as the Council may require as to the courses of study and examination undergone in order to obtain such certificates for the purposes of granting registration.

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Inspection of examinations

  1. (1) The Executive Committee shall appoint such number of medical or dental inspectors as it may deem requisite to attend at any or all of the examinations held by medical or dental institutions in Bangladesh for the purpose of granting recognised medical or additional medical, or dental, qualifications or in respect of which recognition has been sought.(2) Inspectors appointed under this section shall not interfere with the conduct of any examination, but they shall report to the Executive Committee on the sufficiency of every examination which they attend and on the courses of study and facilities for teaching provided by the medical or dental institution in question at different stages in respect of such examination, and on any other matters in regard to which the Executive Committee may require them to report.(3) The Executive Committee shall forward a copy of any such report to the medical or dental institution concerned, and shall also forward a copy with the remarks of such medical or dental institution thereon and also to the Government.

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Withdrawal of recognition

  1. (1) When, upon report by the Executive Committee, it appears to the Council that the courses of study and examinations to be gone through in any medical or dental institution in Bangladesh in order to obtain a recognised medical, or additional medical, dental, qualification or that the standard of proficiency required from candidates at any examination held for the purpose of granting such qualification is not such as to secure to persons holding such qualification the knowledge and skill requisite for the efficient practice of medicine or dentistry, the Council shall forward the report, along with such remarks as it may choose to make, to the medical or dental institution with an intimation of the period within which the medical or dental institution may submit its explanation to the Council.(2) On the receipt of the explanation or, where no explanation is submitted within the period fixed, then on the expiry of the period, the Council, after making such further inquiry, if any, as it may think fit, may, by notification in the official Gazette, direct that an entry shall be made in the Schedule against the said medical, additional medical, or dental, qualification declaring that it shall be a recognised medical, additional medical, or dental, qualification or that it shall not be a recognised medical, additional medical, or dental, qualification on and from a specified date.

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Maintenance of medical Register

  1. (1) The Council shall maintain a Register of medical practitioners possessing qualifications which are recognised medical qualifications for the purposes of this Act, and may by a regulation direct the necessary particulars to be entered in the Register:Provided that on or after a date to be fixed by the Council, no medical practitioner shall be registered on the Register unless-(a) he has been provisionally registered under the second proviso to this sub section and has thereafter been engaged in employment in a resident capacity in one or more approved hospitals or approved institutions in medicine, surgery, obstetrics and gynaecology, jointly or severally, for such period as may be prescribed by the Council; or(b) he has worked in such appointment or appointments as, in the opinion of the Council, may be deemed to have provided him with experience of the practice of medicine, surgery, obstetrics and gynaecology not less extensive than that required under clause (a):Provided further that on and after the date fixed under the above proviso, every person possessing a recognised medical qualification shall be entitled to be provisionally registered in a separate part of the Register on his furnishing proof to the effect that he has been selected for a resident appointment in an approved hospital or approved institution, and he shall be deemed for all purposes to be a registered medical practitioner while he is acting in any such capacity, but not otherwise:Provided further that the name of any person provisionally registered shall, upon his full registration as medical practitioner, be removed from the separate part of the Register.(2) On and after a date to be fixed by the Council, any person who is for the time being provisionally registered under this Act and practises medicine, surgery, obstetrics and gynaecology elsewhere than in an approved institution or approved hospital, shall, on enquiry made by the Council in this behalf, be liable to the removal of his name from the Register till such time he produces a solemn undertaking to desist from such practice.(3) The Council shall maintain in the Register a separate list of medical practitioners possessing registrable medical licences or diplomas which are included in the Fourth Schedule, and may by a regulation direct the necessary particulars to be entered in the list.(4) The Council shall maintain a Register of the medical practitioners who passed from a private medical institution, and may by a regulation direct the necessary particulars to be entered in the Register.(5) The Council shall maintain a Register of the medical practitioners possessing registrable medical pass certificates under sub section (2) of section 14, and may by a regulation direct the necessary particulars to be entered in the Register.

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Entry of additional medical qualifications in the Register

  1. Any person who is registered as a medical practitioner or provisionally registered, and who obtains any recognised additional medical qualification included in the Third Schedule, may apply to the Council to enter that qualification as additional qualification and the Council shall, if satisfied that the applicant is entitled to the qualification in respect of which the application is made, direct that the said recognised additional medical qualification be entered in the Register against the name of that applicant.

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Maintenance of Register of dentists

  1. The Council shall maintain a Register of dentists possessing dental qualifications which are recognised dental qualifications for the purposes of this Act, and may by a regulation direct the necessary particulars to be entered in the Register.

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Additional Register

  1. The Government, or any agency authorised by the Government in this behalf, may maintain separate Registers to register names of medical practitioners and dentists possessing such medical qualifications and dental qualifications from such date as the Government may, by notification in the official Gazette, specify; and the Council shall, from the date specified in the notification, refrain from registering the medical practitioners and the dentists possessing such medical and dental qualifications as have been specified in the notification.

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Registers to be public documents

  1. The Registers maintained under sections 20, 22 and 23 shall be deemed to be public documents within the meaning of the Evidence Act, 1872 (I of 1872).

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Penalty for fraudulent representation or registration

  1. (1) Whoever wilfully procures or attempts to procure himself to be registered under this Act as a medical practitioner or dentist making or producing or causing to be made or produced any false or fraudulent representation or declaration, either orally or in writing, and any person who assists him therein, shall be punishable with fine which may extend to Taka two thousand, or with imprisonment for a term which may extend to one year, or with both.(2) Whoever falsely pretends to be registered under this Act as a medical practitioner or dentist or, not being registered under this Act, uses with his name or title any words or letters representing that he is so registered, irrespective of whether any person is actually deceived by such pretence or representation or not, shall be punishable with fine which may extend to Taka two thousand, or with imprisonment for a term which may extend to one year, or with both.

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Privileges of registered medical practitioners and dentists

  1. (1) Notwithstanding anything to the contrary contained in any other law for the time being in force, no one, other than a registered medical practitioner or a registered dentist, shall be competent to hold any medical or dental appointment in a medical or dental college or its attached hospitals or as a Commissioned Medical or Dental Officer in any Hospital, asylum, infirmary, dispensary or lying in-hospital, maintained or aided by the Government, Railway or any local authority.(2) Notwithstanding anything to the contrary contained in any other law for the time being in force, no certificate required by any such law to be obtained from a medical or dental practitioner shall be valid unless it is signed by a registered medical practitioner or a registered dentist, as the case may be.

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Prohibition for using false title, etc., by registered medical practitioners and dentists

  1. No registered medical practitioner or registered dentist shall use or publish in any way whatsoever any name, title, description or symbol indicating or calculated to lead persons to infer that he possesses any additional or other professional qualification unless the same has been conferred upon him by a legally constituted authority within or outside Bangladesh.

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Removal of names from the Register

  1. (1) The Council may refuse to permit the registration of any person or direct the removal altogether or for a specified period from the Register of the name of any registered medical practitioner or registered dentist who has been convicted of any such offence as implies in the opinion of the Council a defect of character or who, after any inquiry at which opportunity has been given to such person to be heard in person or through advocate, has been held by the Council as guilty of infamous conduct in any professional respect or who has shown himself to be unfit to continue in practice on account of mental ill health or other grounds.(2) The Council may also direct that any name removed from the Register under sub section (1) shall be restored.(3) For the purpose of an inquiry under sub section (1), the Council shall be deemed to be a Court within the meaning of the Evidence Act, 1872 (I of 1872), and shall exercise all the powers of a Commissioner appointed under the Public Servants (Inquiries) Act, 1850 (XXXVII of 1850).

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Appeal against the Council refusing registration

  1. Where the Council has refused registration of a person possessing recognised medical or dental qualifica┬¼tion or registrable medical qualification or has removed the name of a registered medical practitioner or registered dentist from the Register, the Council shall inform the person, or the registered medical practitioner or registered dentist, in writing of such rejection or removal within 90 days from the date of receipt of the application or removal; and the aggrieved person may prefer an appeal to the Government within sixty days of the making of the order refusing registration or, as the case may be, of removal of the name from the Register, and the Government, after considering the appeal and the Council’s reasons for such refusal or, as the case may be, removal and also after giving the aggrieved person and the Council an opportunity of being heard, pass such orders as it deems fit, and the Council shall immediately give effect to any such orders.

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30. Persons not registered under the Act not to practice

  1. (1) Notwithstanding anything to the contrary contained in any other law for the time being in force, no one, other than a registered medical practitioner or a registered dentist, shall practise, or hold himself out as practising, the allopathy system of medicine or dentistry.(2) Whoever, after the date fixed by notification in the official Gazette by the Council in this behalf, contravenes the provision of sub section (1) shall be punishable with fine which may extend to Taka five thousand, or with imprisonment for a term which may extend to one year, or with both.

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Prohibition to organise course of study without approval of Government

  1. (1) No person shall, without the approval of the Government, organise any course of study or training in medicine including surgery, obstetrics, nursing, pharmacy and midwifery and grant degrees, diplomas, licences or certificates.(2) Whoever contravenes this provision shall be punishable with imprisonment for a term which may extend to two years and with fine; and if the contravention is a continuing one, with a further fine which may extend to Taka five hundred for every day during which such contravention continues.

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Indemnity

  1. No suit, prosecution or other legal proceeding shall lie against the Council or any Committee thereof or any officer or employee of the Council for anything which is in good faith done or intended to be done under this Act.

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Power to make regulations

  1. (1) The Council may, with the previous approval of the Government, make regulations generally to carry out the purposes of this Act, and without prejudice to the generality of this power, such regulations may provide for-(a) the management of the property of the Council and the maintenance and audit of its accounts;(b) the summoning and holding of meeting of the Council, the times and places where such meetings are to be held, the conduct of business thereat and the number of members necessary to constitute a quorum;(c) the powers and duties of the President and Vice President of the Council;(d) the mode of the appointment of the Executive Committee and other Committees, the summoning and holding of meetings, the conduct of business of such Committees and the number of members necessary to constitute a quorum;(e) the tenure of office, and the powers and duties of the Registrar and other officers and employees of the Council;(f) the appointment, powers, duties and procedure of medical and dental inspectors;(g) the procedure for maintenance, compilation and publication of the Register, list of medical practitioners possessing registrable licences or diplomas, and the fees to be charged for registration and, if necessary, for opening of sub offices or branches for this purpose;(h) the procedure of an enquiry held under sub section (1) of section 28; and(i) any other matter for which under this Act provision may be made by regulations.(2) Notwithstanding anything contained in sub section (1), the Council shall make regulations which may provide for-(a) prescribing a uniform minimum standard of courses of training for obtaining graduate and post graduate medical and dental qualifications to be included or included respectively in the First, Third and Fifth Schedules;(b) prescribing minimum requirements for the content and duration of courses of study as aforesaid;(c) prescribing the conditions for admission to courses of training as aforesaid;(d) prescribing minimum qualifications and experience required of teachers for appointment in medical and dental institutions;(e) prescribing the standards of examinations, methods of conducting the examinations and other requirements to be satisfied for securing recognition of medical and dental qualifications under this Act;(f) prescribing the qualifications and experience required of examiners for professional examinations in medicine and dentistry antecedent to the granting of recognised medical and dental qualifications; and(g) the procedure for maintenance, compilation and publication of the Register, list of medical practitioners possessing registrable licences or diplomas, and the fees to be charged for registration and, if necessary, for opening of sub offices or branches for this purpose;(h) the procedure of an enquiry held under sub section (1) of section 28; and(i) any other matter for which under this Act provision may be made by regulations.

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Repeal and savings

  1. (1) The Medical Council Act, 1973 (XXX of 1973), hereinafter referred to as the said Act, is hereby repealed.(2) Upon the repeal of the said Act,-(a) the Medical Council constituted under the said Act, hereinafter referred to as the Medical Council, and functioning immediately before such repeal shall, until such time as a Council is constituted under section 3, be deemed to be the Council constituted under that section;(b) every medical practitioner and dentist registered under the said Act shall be deemed to be registered under this Act;(c) all assets, rights, powers, authorities and privileges and all property, movable and immovable, cash and bank balances, funds and all other interests and rights in or arising out of such property, of the Medical Council shall be transferred to, and vested in, the Council;(d) all liabilities and obligations of whatever kind of the Medical Council subsisting immediately before such repeal shall be the liabilities and obligations of the Council;(e) all officers and other employees, excepting the Registrar of the Medical Council, shall be deemed to be officers and employees of the Council and shall hold office on the same terms and conditions as were applicable to them immediately before such repeal:Provided that the Government may alter their remuneration and other terms and conditions of service as it may deem fit;(f) the Registrar shall continue in office for a period of three months from the date of coming into force of this Act and the Council shall, within this period, appoint a Registrar according to the provisions of this Act, failing which one officer in the service of the Republic may be deputed by the Government as Registrar until such time a Registrar is duly appointed; and(g) the suits and other legal proceedings instituted by or against the Medical Council before such repeal shall be deemed to have been instituted by or against the Council.

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Footnotes

Click here to see the original act on the Bangladesh Legal Database.