Nepal Medical Council Act, 2020 (1964)

Nepal Medical Council Act, 2020 (1964)
Amending Acts: Authentication and Date of Publication: 2020/11/16 (Feb. 28, 1964)
1. Nepal Medical Council (First Amendment) Act, 2044 (1987) 2044/6/9 (Sept. 25, 1987)
2. Nepal Medical Council (Second Amendment) Act, 2047 (1990) 2047/6/27 (Oct. 13, 1990)
3. Nepal Medical Council (Third Amendment) Act, 2055 (1999) 2056/1/2 (April 15, 1999)
4. Health Related Some Nepal Acts Amendment Act, 2058 (2001) 2058/5/6 (Aug. 22, 2001)
Act No. 35 of the Year 2020 (1964)
AN ACT MADE TO CONSTITUTE AND MANAGE THE NEPAL
MEDICAL COUNCIL
Preamble: Whereas, it is expedient to manage qualification of Medical practitioner and also for the registration of Medical practitioner qualified in
modern medicine for the scientific utilization of modern medicine throughout Nepal;
Now therefore, His Majesty’s King Mahendra Bir Bikram Shah Dev, has made this Act, with an advice and consent of the Rastriya Panchayat

1. Short title, extent and commencement:

(1) This Act may be called as  “Nepal Medical Council Act, 2020 (1964)”.
(2) This Act shall come into force all over Nepal.
(3) Section 1 of this Act shall come into force immediately and  other Sections of this Act shall come into force at such area and from
such date as Government of Nepal may, by a Notification in the Nepal Gazette, appoint.

2. Definition: Unless the subject or context otherwise requires, in this Act, –
(a) “Council” means the Nepal Medical Council established pursuant to Section 3.
(a1) “Chairperson” means Chairperson of the Council.
(a2) “Member” means member of the Council and this term also includes Chairperson and Vice-Chairperson.
(b) “Hospital” means an agency operated by Government of Nepal  or Non- governmental level providing health services for
treatment, prevention, diagnosis and rehabilitation from diseases and this term also includes a recognized institution established
with the objective of carrying out or caused to be carried out study, teaching at least bachelors level and to provide or cause
to provide be given training in medical science.
(c) “Modern medicine” means the medicine of allopathic.
(d) “Medical practitioner” means a person who has obtained bachelor’s degree from the recognized institution in the medical
science under modern medical system and engaged in the concerned profession.
(d1) “Specialist Medical Practitioner” means a Medical practitioner who has obtained Masters Degree, honor and diploma from the
recognized educational institution in the concerned subject as
2. Other all Sections to be implemented other than Section 26 of the Act have been implemented from 2033/12/7 (March 20, 1977 by a Notification in the Nepal Gazette on 2023/12/7 (March 20, 1967).
3. Section 26 of the Act has been implemented in Towan Panchayat areas of Kathmandu and Biratnagar from 2034/4/1 (July 16, 1977) by a Notification in the Nepal Gazette on 2034/3/20 (July 4, 1977).
4. Section 26 of the Act has been implemented all over Nepal as per the Notification in the Nepal Gazette dated 2048/9/15 (Dec. 30, 1991).

well engaged in the concerned profession after obtaining special training as prescribed.
(d2) “Medical college” means an educational institution established with the objective of providing or causing of providing study of
bachelor or master’s degree or post graduate training in the modern medical science completely and this term also includes
the medical institution and Dental College established for such purpose.
(e) “Register book” means the Register book maintained to register  the name of Medical practitioner under this Act.
(f) “Registered Medical Practitioner” means the Medical practitioner whose name has been registered in the Registration book.
? (f1) “Recognized” means recognized under this Act.
(g) “Registrar” means the Registrar of the Council appointed
pursuant to Section 12 of the Act.
(h) “Rule” means the Rules framed under this Act.
(i) “Bye-laws” means the Bye-laws framed by the Council under  this Act.
(j) “Prescribed or as prescribed” means prescribed or as prescribed in the Rules or Bye-laws framed under this Act.

3. Establishment of the Council:

(1) A Council named the Nepal Medical Council shall be established.
(2) The Council shall be an autonomous and corporate body with a perpetual succession. The Council shall have a separate seal of its
own for all its activities.
(3) The Council may acquire, hold, transfer or leas movable and immovable properties and carry out or caused to be carried out other all  functions as deemed appropriate in order to fulfill the objective of this Act.
(4) The Council may, as an individual, sue or be sued

4. Constitution of the Council: The Council constituted pursuant to  Section 3 shall have the members as follows:
(a) Nominated by Government of Nepal from among the Medical practitioner who has experience of at least of Twenty years as registered medical
practitioner and obtained at least of Master’s degree in the subject of medicine – Chairperson
(b) One Medical practitioner send by the registered Medical practitioners, upon holding an election as prescribed from among the registered Medical
practitioner having experience of at least of Fifteen years – Vice-chairperson
(c) Chairperson, Nepal Medical Council – Member

(d) One person nominated by Government of Nepal from among the Dean or Rector of the University or Health Science Academy where concerned subject
to the modern medical science is studied – Member
(e) One person nominated by Government of Nepal from among the consumers – Member
(f) Eight Medical practitioners elected as prescribed from among the registered medical practitioners – Member
(g) Chairperson, Association of Nepal Dental Practitioners – Member
(h) Three persons nominated by Government of Nepal from among the medical practitioner who has obtained at least of Master’s degree on the subject
concerned with the medicine other than the Dental  Practitioners – Members
(i) Two persons nominated by Government of Nepal from among the Dental Practitioners who has obtained at least of Master’s degree – Member

5. Tenure of Office of the Member:

(1) The tenure of office of the nominated or elected members of the Council shall be of four years.
After termination of the tenure of office, they may be re-nominated or re-elected.
Provided that the member nominated by Government of Nepal may be removed from the membership by Government of Nepal  showing reasonable reason.
(2) In cases where the position of any member falls vacant before the termination of tenure of office, other member shall be nominated or  elected for the remaining period

6. Disqualification for Membership:

(1) Any of the following persons shall be deemed to be disqualified for nomination or election or to continue as a member of the Council:
(a) Who is not a Nepali Citizen,
(b) Whose name has been removed from the Register Book,
(c) Who has been convicted and sentenced by the court in a criminal offence involving moral turpitude,
(d) Who has not completed five years from the date of obtaining of MBBS or the degree equivalent to such degree # or B.D.S or the
degree equivalent to such degree.
Provided that, the disqualification prescribed in this Clause shallonly be applicable in the case of the member elected pursuant to
Clause # …. (f) of Sub-section (1) of the Section 4.

7. Condition for Termination of Membership: The membership of the Council shall be deemed to have been terminated on the following
condition:
(a) In case of death,
(b) If disqualified to continue membership under Section 5,
(c) If the resignation tendered from the post of a member is approved,
(d) If he/she is absent in more than three consecutive meetings of the Council without informing the Council with reasoned information thereof.
Provided that, the Council may give permission to any member to remain absent from the meeting of the Council for a maximum period of  Six months.

7A. Functions, duties and powers of the Council:

(1) Functions, duties and powers of the Council shall be as follows:
(a) To give recognition as prescribed to the Medical College which provides or cause to provide study, teaching and training in medical science.
(b) To make recommendation for cancellation of registration and approval in cases where it has been  found not compliance at the time of evaluation and
review of prescribed policy of the curriculum, terms of admission and examination system and other infrastructures and other matters of standards of the
Medical College which provides or cause to provide study, teaching and training in medical science.
(c) To determine policy as required for smooth operation of the medical profession.
(d) To issue registration license by determining qualification of the Medical practitioner and conducting prescribed Licensing Examination for the
qualified Medical practitioner.
(e) To prepare code of conduct of the Medical practitioner as prescribed and remove the name of a Medical practitioner from the Registration book after
taking actions as prescribed against the Medical practitioner who has breached such a code of conduct.
(2) Government of Nepal shall make consultation with the Council prior to give approval to establish and operate any Medical College and the Council shall examine whether such Medical College has completed the standards and infrastructures pursuant to Clause (b)  of Sub-section (1) or not and if found completed such standards and infrastructures, the Council shall only give opinion in regard to give approval to establish and operate Medical college and Government of
Nepal shall give approval to establish and operate Medical College on the basis of such opinion of the Council.

7B. Meeting and decision of the Council: The procedure relating to the meetings and decision of the Council shall be as prescribed

8. To be published in the Nepal Gazette: The name of each member who has been nominated or ? elected in the Council or removed from  by the Council shall be published in the Nepal Gazette.

9. Act and proceedings not to be invalid: If an act and proceeding has been carried out owing to vacancy of position of any member or being  or having nominated or selected unqualified person, the act and proceeding of the Council shall not be deemed to be invalid owing to the reason thereof.

10. Meeting allowance and other facilities: Meeting allowance and other facilities of the members shall be as determined/fixed by the Council   with the prior approval of Government of Nepal.

11. Committee may be constituted:

1) In exercise the power conferred to the Council by this Act or the Rules or Bye-laws framed thereunder, the Council may constitute various subject Committees.
(2) The functions, duties and powers of the Committee shall be as determined by the Council.

12. Registrar and employee:

(1) Government of Nepal may appoint or nominate a person in order to function as a Registrar under this Act or Rules framed thereunder and assign a person to carry out all functions to be carried out by him/her in his/her absence.
(2) The Registrar appointed pursuant to Sub-section (1) or the person assigned in his/her absence shall carry out the functions of the  Secretary of the Council and the Committee pursuant to Section 11 and such a person shall have power to participate in the discussion to be made in the meeting of the Committee or Council but shall not have power to caste a vote.
(3) If a Registrar appointed pursuant to Sub-section (1) needs to be removed or suspended or imposed other penalty it shall be done under the Rules framed under this Act.
(4) The Council may appoint officer and employees as required with the approval of Government of Nepal.
(5) All the officer and employees appointed pursuant to Sub- section (4) shall be under the control and supervision of the Registrar

13. Functions and duties of the Registrar:

(1) To register in the Registration book stipulating the name, address and qualification of Medical practitioner to be registered from time to time under this Act,
Rule and ordinary or special order of the Council by maintaining up to date the Registration book, to remove the name of deceased Medical Practitioner from membership to be removed owing to death and it shall be the duty of the Registrar to carry out all other functions to be carried out by him/her under this Act and Rules thereunder.
(2) If any ? registered medical practitioner refrains from his /her  profession or changes his/her address, the notice thereof shall be  required to be given to the Registrar within One month. If there is a ground for doubt that a Medical practitioner has changed his/her address or refrained him/her from the profession, the Registrar shall send ? …….. a letter in the address maintained in the Registration book; in cases such a letter returns or a reply is received within Three months
of delivery of such a letter, the name of such a Medical practitioner shall be notified by publishing a notice in a major newspaper by the Registrar and if any information is not received within next Three months, the Registrar may remove his/her name from the ? Registration book.
Provided that, if someone submitted an application to the Registrar stating that the letter sent by the Registrar is not received on time or reply could not be furnished on time beyond the circumstance of his/her control or due to any other reason or showing the reason for re- starting of such profession, the Registrar may re-register the name of such a Medical practitioner in the Registration book who has been removed under this Sub-section and the fee as prescribed shall be
chargeable for the registration made in such a way.
(3) The Registration Book prepared established under this Section shall be recognized ? as goods as the governmental document.

14. Name to be registered in register:

(1) An application in the format as prescribed along with the fee as prescribed shall be required to be furnished to the Council for registration of the name in the Registration book by the person who has obtained qualification as mentioned in the  Schedule under this Act and the Rules framed there under.
(2) While scrutinizing on the application pursuant to Sub- section (1) by the Council, if it has been found as per rule, the name of such a person shall be registered temporarily for Two years in the Registered Book and issued certificate of such registration.
(3) The persons from among the persons registered temporarily in the Registration book pursuant to Sub-section (2) , and employed in the  service of Government of Nepal and who have gone abroad to study on the scholarship obtained to Government of Nepal shall be required to  carry out medical profession in a place and up to the period fixed by the Ministry of Health.
(4) After having medical profession up to Two years by a person other than the person as mentioned in Sub-section (3), the Council after  having registered the name in the Registration book permanently and shall issue the certificate thereof.
(5) On the recommendation of the Ministry of Health the name of a person who has worked up to the period as fixed pursuant to Sub- section (3), the Council shall register the name of such person in the Registration book permanently and shall issue the certificate thereof.
(6) If the Council has assumed the opinion that the other person also has obtained the minimum qualification in the medical science other than the qualification as mentioned in the Schedule and made recommendation accordingly by the Council and the Ministry of Health has given directives to register the name of such person under this Section, the Council shall register the name of such person in the Registration book and issue the certificate thereof.
(7) The provision relating to registration of foreign citizens in the Council shall be as prescribed.

15. Process of application:

(1) All applications submitted for registration of the name in the Registration book pursuant to Sub-section (1) of Section 14 shall be sent directly to the Registrar and the Registrar shall also be required to submit all the applications to the ? Committee prescribed by the Council for the purpose of this Act.
(2) The Committee shall make enquiry as regards whether or not the applicant is the person qualified as set forth in the Schedule and  whether or not his/her application has been duly completed and the Committee shall submit its report in detail to the Council.
(3) After having consideration over the report submitted by the Committee, the Council shall do as follows:
(a) To give directive for registration of the name of the applicant in the event that the applicant is a qualified person as set forth in the Schedule and
his/her application has been duly completed and he/she has paid the fees as prescribed in the Rule so concerned.
(b) To deny for registration of the name of the applicant in the Registration book in the event that any application has not been duly completed or has
not been deposited fees by the applicant or the applicant has not been qualified as set forth in the Schedule and notify the applicant stating the reason
thereof.
(4) If the name of any applicant could not be registered in the Registration book under Clause (b) of Sub-section (3), owing to duly
non-completion of the application to be completed duly or non- deposition of fees by the applicant and such applicant has submitted
other duly completed application or depositing fees, his/her name shall not be denied to register in the Registration book owing only for the
reason of earlier denial.
(5) If the Council has made directive to register the name of an applicant pursuant to Clause (a) of Sub-section (3), the Registrar having
registered the name of such person in the Registration book, issue him/her a certificate thereof

16. Certificate, information and details required to be given while  registering the name: The person whose name has to be registered in
the Registration book pursuant to Sub-section (2) of Section 14 or the persons submitting an application for the registration of the name in the
Registration book under Sub-section (1) of the said Section shall be required to furnish the following evidence, details and information to
the Registrar:
? (a) The degree, certificate of educational qualification and other evidence as well documents prescribed and deemed necessary by
the Council.
(b) If his/her name has been registered in the Registration book of any foreign Medical Council or Council or the institution equivalent to that, the details of that stating his/her qualification, degree, registration number and the date of registration in such Registration book.
(c) Letter of Oath purporting that he/she shall carry out the duties under this Act and the Rules.

17. Power of the Council to give order to delete name from the  Registration book and re-registration:

(1) The Council may issue an order to remove the name of any registered Medical practitioner from  the Registration book in the circumstances as follows:
(a) If convicted and sentenced by the Court in a criminal offence involving moral turpitude, or (b) If decided by two third majority vote of members of
the Council accusing of any misconduct relating to the profession.
(2) If the person, whose name has been removed from the Registration book pursuant to Sub-section (1), applies for re-registration of his/her name in the Register book showing reasonable grounds to the Council, the Council may, if it is satisfied for registration of his/her  name, order the Registrar to register his/her name in the Registration book after recovering the fee as prescribed as regards this and in cases where such directive has been given, the Registrar having so registered
shall also issue a certificate thereof. Provided that, in a case where the name has been removed from the Registration book under this Act, his/her name shall not be registered under this Sub-section without being completed the period of at least of Two years of removal of such name.

18. Dissolution of the Council:

(1) If Government of Nepal deems that the Council has been unable to exercise or frequently misused or exercised in excess of its powers conferred to it or unable to perform its duties under this Act or the Rule, Government of Nepal shall give information to the Council to reform or correct the matter thereof.
(2) If the reformation or correction could not be made in its acts and proceeding by the Council according to the notice given under Sub- section (1), Government of Nepal may dissolve the Council and constitute Interim Executive Council until the constitution of the Council in order to carry out the functions to be carried out by the Council under this Act and the Rules and Bye-laws framed thereunder.
(3) After dissolution of the Council under Sub-section (2)  the Interim Executive Council shall keep the fund and property of the Council in its responsibilities and hand over such fund and property to the newly constituted Council after constitution of the new Council.
(4) Government of Nepal shall, normally within Three months of the dissolution of the Council under Sub-section (2), require to constitute the new Council pursuant to Section 4.

19. Appeal:

(1) Any one dissatisfied or the act and proceedings carried out  by the Registrar may file an appeal in the Council within Thirty five  days against such decision or act and proceedings.
(2) Any one dissatisfied with the decision made by the Council may file an appeal before the Court of Appeal within Thirty-five days of  the date of decision.

20. Removal of the name from the Registration book: The Council shall constitute five members Enquiry Committee in order to carry out  enquiry and submit report in the following conditions and on the basis of the report submitted by such Committee, the Council may remove the name of such person from the Registration book:
(a) If the name of any person has been registered owing to fraud or mistake,
(b) If any registered Medical practitioner has become incapable to carry out medical profession owing to mentally incapable.

21. Recognition from Government of Nepal:

(1) The Council may grant recognition to the Degrees, Diplomas, Certificate or other honours as regards the medical science.
(1a) The Degrees, Diplomas, Certificates and other honors  recognized by  the Council pursuant to Sub-section (1) shall be  incorporated in the Schedule.
(2)Any person who has obtained Degrees, Diplomas, Certificates or other honours from the foreign institution as regards to medical  science, shall be required to give an application to ? the Council as prescribed for the registration of such honours.
(3) After having consultation with the Council against the application so submitted pursuant to Sub-section (2), the Council may give recognition to such Degrees, Diplomas and Certificate or honours.
The Degrees, Diplomas, Certificates or honours so recognized shall be  incorporated in the Schedule.

21A. Demand of details may be made: The Council may, from time to time, demand from the medical institutions granting such Medical  Degrees, Diplomas, Certificates or other honours, which have been recognized pursuant to Sub-section (1) of Section 21, all particulars relating to curricula prescribed therefor and the conditions prescribed for admission therein and it shall be the duty of such institution to  provide such particulars.

21B. Inspection of examination:

(1) The Council may appoint and depute the Inspector for inspection of examinations conducted for the Degree, Diploma, Certificate or other honors recognized pursuant to Sub- section (1) of Section 21. The Inspector so appointed shall submit his /her report in respect of the examination inspected by him/her to the
Council containing the particulars prescribed by the Council.
Provided that, the Inspector shall not be entitled to intervene by any means in any examination inspected by him/her.
(2) In consideration of the particulars received under Section 21a. or the report submitted by the Inspector under Sub-section (1), if  the Council is satisfied that curricula, conditions of admission and the process of conducting examinations prescribed by the concerned medical institution in respect of any Degree, Diploma, Certificate or  honors recognized under Sub-section (1) of Section 21, is not satisfactory and inadequate, the Council may submit its report to ? the university or educational institution obtained affiliation of the concerned medical institution in respect thereof.

21C. Abrogation of recognition:

(1) The concerned university or educational institution having conducted investigation required and following the process as prescribed against the report so obtained pursuant to Sub-section (2) of Section 21b., shall furnish its opinion to Government of Nepal.
(2) After having consultation with the Council as regards to opinion and findings obtained from the university or educational institution pursuant to Sub-section (1), Government of Nepal shall issue directives as required to the Council as regards to such medical institution.
(3) The Council shall decide as required as per the directives issued by Government of Nepal pursuant to Sub-section (2).
(4) The decision made by the Council pursuant to Sub-section
(3) to abrogate recognition of such medical institution from the Schedule or the Degree, Diploma, Certificate or other honors provided after any certain specific date from such medical institution in order to abrogate recognition from the Schedule shall be published in the Nepal Gazette.

21D. Special examination may be conducted: Prior to the registration of  the Medical practitioner invested to register their name in the Council  under this Act, the Council may conduct examination as prescribed in order to maintain standard as required in the medical science.

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25. Legal suit and other legal actions may not be made: Unless otherwise provided in this Act or the Rules, any legal suit or other legal actions shall not lie in any Court against the act and proceedings carried out by Government of Nepal or the Council or Registrar in exercise of the power conferred by this Act or the Rules.

26. Restriction to carry out medical profession by the person whose name has not been registered in the Register book:

(1) No one shall be allowed to carry out medical profession directly or indirectly other than the registered Medical practitioner.
? (1a) Subject to the Drugs Act, 2035 (1978), the person whose name has been registered in the Professional Council Relating to Health constituted under the prevailing laws shall be allowed to carry out the medical profession as prescribed by the publication of notice in the Nepal Gazette by Government of Nepal.
(2) …………..

(3) If any one has committed offence against this Section, such a person shall be punished with an imprisonment up to ? Three years or a fine up to Three Thousand Rupees or both.

27. Punishment for using honours relating to medical qualification:
(1) No one shall be allowed to mention or cause to mention the Degree, Diploma, Certificate or honor relating to modern medicine which is not obtained by him/her therewith his/her name with a motive of carrying out the treatment (medical service) relating to modern medicine.
(2) If any one has been found guilty of the offence against Sub- section (1), such person shall be punished ? with an imprisonment up to  Three years or a fine up to Three Thousand Rupees or both.

28. Case may be filed:

(a) If the Council has an opinion that the case is required to be filed against any person or institution who has violated  the provision of this Act, the Council having adoption of a resolution thereof shall submit to Government of Nepal.
(b) Government of Nepal may give authority in writing to any official in order to carry out proceedings of such case

29. Regarding issuance of certificate by the registered Medical practitioner: The Medical practitioner shall have the rights to carry out
the acts as follows:
(a) To affix signature in the birth and death certificate according to the prevailing laws,
(b) To sign and affix the seal in the certificate relating to medicine or physical and mental fitness as per law and issue certificate.

30. ………….

30A. Delegation of Authority:

(1) The power conferred to Government of Nepal under this Act, may be delegated to the Chief of other any body or institution other than the Council or Chief of the Council.
(2) The power conferred to the Council under this Act or the Rules or Bye-laws framed thereunder, may be delegated to the Chairperson, Vice-Chairperson, member, Committee members, Registrar or other any officer employee of the Council.

31. Changes and modification to be made in the Schedule: Government of Nepal, with the consultation of the Council and publication of notice   in the Nepal Gazetteer, may change and modify in the Schedule.

32. Power to frame rules:

(1) Government of Nepal may, with the consultation of the Council frame the Rules for the implementation of the objective of this Act.
(2) Without prejudice to the generality of the effectiveness of the power conferred by Sub-section (1), such Rules may make provision in
the matters as follows:
(a) To fix the meeting of the Council and its procedure,
(b) To fix the mode of election of the members of the Council pursuant to Section 4,
(c) To fix the powers and duties of the Chairperson and members of the Council,
(d) To arrange the fund, wealth and property of the Council,
(e) To give remuneration to the Chairperson and members,
(f) To arrange for the terms of service, salary, allowance, punishment and removal of the Registrar and other employees,
(g) To fix the form of the Registration book of the registered Medical practitioner to be maintained under this Act,
(h) To publish the list relating to medical treatment,
(i) To determine fee to be recovered under this Act and format of the application,
(j) To fix the mode of constitution of the Committees and duties and powers of such Committees,
(k) To maintain account book,
(l) To collect and publish register book,
(m) To fix the mode of appeal by the Council against the decision of the Registrar,
(n) To arrange other matters as required in order to carry out smooth operation of the functions of the Council.