THE MEDICAL DIPLOMAS ACT, 1939

ACT No XXVIII of 1939

( For Statement of Objects and Reasons, see Gazette of India, 1939, Pt. V, page 148.

This Act has been applied to‑

(i) Baluchistan, see Gazette of India, 1940, Pt. I, p. 790 ;

(ii) the partially excluded areas of the Mymensingh district with effect from the 5th December, 1940, see Bengal Govt. Notification No. 2660‑Medl., dated the 27th November, 1940.

It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G. G. O. 3 of 1950) ; and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499.)

[26th September, 1939]

An Act to make the provision referred to in sub‑section (1) of section 120 of the Government of India Act, 1935

WHEREAS it is expedient to make the provision relating to medical diplomas granted in the United Kingdom or Burma which is referred to in sub‑section (1) of section 120 of the Government of India Act, 1935, 26 Geo. 5, c. 2. ;

It is hereby enacted as follows:-

1. Short title and extent. ‑(1) This Act may be called the Medical Diplomas Act, 1939.

( Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for the original sub‑section (2), as amended by A. O., 1949.) [(2) It extends to the whole of Pakistan.]

2. Definition. In this Act‑

(a) "diploma" has the meaning assigned to it in sub section (7) of section 120 of the Government of India 26 Act, 1935, 26 Geo. C. 2. ;

(b) "United Kingdom" means the United Kingdom of Great Britain and Northern Ireland.

3. Conditions for excluding from practice British subjects domiciled in the United Kingdom or Pakistan who hold medical diplomas granted in the United Kingdom on the ground of inadequacy of such diplomas. So long as the condition set out in sub‑section (3) of 26 section 120 of the Government of India Act, 1935, ( Ins. by A. O., 1949.) [as originally Geo. enacted] continues to be fulfilled, a British subject domiciled in the 5, c, 2. United Kingdom ( Subs. by A. O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956), for "or Pakistan" which had been subs. by A. O., 1949, for "or India".) [or a citizen of Pakistan] who, by virtue of a medical diploma granted to him in the United Kingdom, is, or is entitled to be, registered in the United Kingdom as a qualified medical practitioner shall not, by or under any law for the time being in force, be excluded from practising medicine, surgery or midwifery in ( Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955) for "the Provinces and the Capital of the Federation" which had been subs. by A. O., 1949, for "British India".) [Pakistan] or in any part thereof, or from being registered as qualified so to do, on the ground that such diploma does not furnish a sufficient guarantee of his possession of the requisite knowledge and skill for the practice of medicine, surgery and midwifery, except in accordance with the following conditions, namely :‑

(a) Notice of every proposal for excluding the holders of any such diploma from practice or registration shall be given in such form and in such manner as the Central Government may by rules made in this behalf prescribe, to the university or other body grant ing that diploma, and where such proposal is not made by the Central Government, to the Central Government also.

(b) No such proposal shall become operative until the expiration of twelve months after the notices referred to in clause (a) have been given.

( Clause (c) omitted by A. O., 1949.) * * * * *

4. Conditions for excluding from practice British subjects domiciled in Burma who hold medical diploma granted in the United Kingdom or Burma on a similar ground. A British subject domiciled in Burma who, by virtue of a medical diploma granted to him in the United Kingdom or Burma, is, or is entitled to be, registered in the United Kingdom as a quali fied medical practitioner shall not, by or under any law for the time being in force, be excluded from practising medicine, surgery or midwifery in 3[Pakistan] or in any part thereof, or from being registered as qualified so to do, on the ground that such diploma does not furnish a sufficient guarantee of his possession of the requisite knowledge and skill for the practice of medicine, surgery and midwifery, except in accordance with conditions such as are set out in ( Subs. ibid, for "clauses (a), (b) and (c)".) [clauses (a) and (b)] of section 3.

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