Medical Council Act


Part IV- Miscellaneous

(31) Seal of the Council

The Council shall have a seal which shall bear such device as may be approved by the council.

 

(32) Validity of documents

All deeds, instruments, contracts and other documents shall be deemed to be duly executed by or on behalf of the Council if signed by the Registrar or any member authorised by the Council for that purpose.

 

(33) Remuneration and immunity

(1)  Every member shall be paid such allowance as may be determined by the Minister.

(2)  No civil or criminal proceedings shall lie against a member or the Registrar in respect of any act or omission done by him in good faith in the performance of his duties under this Act.

 

(34) Duty of disclosure

Every member who—

(a) is closely related to a registered person whose conduct, act or omission is under investigation;

(b) has any pecuniary or other personal interest in the subject-matter of any such investigation,

shall disclose his relationship or interest, as the case may be, and refrain from participating in the investigation.

 

(35) Deficiency in quorum

(1)  Where, by virtue of section 34 or for any other cause specified in section 7 (1), a quorum cannot be obtained by the Council, the quorum shall be constituted in accordance with paragraph (a), (b) or (c) of that subsection.

(2)  Where a quorum cannot be obtained without a fresh election and the Council is of the opinion that it is urgent to hold an investigation, the Minister may appoint one or more persons, as appropriate, to make up any deficiency in quorum for the purpose of such investigation.

(3)  An appointment made by the Minister under subsection (2) shall not lapse, notwithstanding that a quorum can be obtained if the investigation in respect of which he is appointed is not completed.

 

(36) Restoration of name to register

(1)  Subject to any order which may be made by the Supreme Court, where the name of any person has been removed from the register in accordance with this Act, the name of that person shall not be restored to it except by order of the Council.

(2)  Where the name of a person has been removed from the register, the Council may—

(a) after the expiry of 12 months from the date of such removal;

(b) either of its own motion or on application of the person; and

(c) after holding such inquiry as it thinks fit,

cause the name of that person to be restored to the register.

 

(37) Illegal practice of medicine

(1)  No person shall practise medicine in Mauritius unless he is a registered person or is exempted from registration.

(2)  No person shall demand, or sue for, or recover in any Court any charge by way of claim, counter-claim, set-off or otherwise in relation to any medical advice or treatment provided by him unless he is registered as a general practitioner or a specialist under this Act or exempted from such registration .

(3)  No person shall—

(a) take or use any name, title, addition or description—

(i) implying a qualification to practise medicine in Mauritius; or

(ii) implying or tending to the belief that he is a registered person; or

(b) by any wilful act or omission, cause or induce any person to believe that he is a registered person,

unless he is registered.

(4)  For the purposes of this section, the performance of any single act relating to the practice of medicine may be held to be sufficient evidence of such practice.

(5)  No person, who has been suspended from the practice of medicine or whose name has been removed from the register, shall practise medicine during the period of suspension or so long as his name has not been restored to the register, as the case may be.

(6)  Any person who contravenes subsection (1), (3) or (5) shall commit an offence.

(7)  Where a person is convicted of an offence under this section, any drug, poison, medicine or any surgical, medical or diagnostic instrument or appliance used by him or belonging to him or found in his possession may be forfeited, destroyed or otherwise disposed of as the Court thinks fit.

 

(38) Illegal practice as specialists

(1)  No person shall—

(a) take or use any title implying that he is a specialist; or

(b) practise as, or profess to be, a specialist,

unless he is registered as a specialist.

(2)  Any person who contravenes subsection (1) shall commit an offence.

(S. 38 came into operation on 1 July 2000.)

 

(39) Exemptions from application of Act

Nothing in this Act shall be deemed to prohibit or prevent—

(a) any person duly authorised by the Permanent Secretary and employed by, or attached to, any voluntary organisation in Mauritius from rendering, in the course of his duties, medical assistance under the supervision of, or pursuant to the instructions of, a general practitioner or specialist;

(b) any nurse from carrying out his duties under the supervision of, or pursuant to the instructions of, a registered person;

(c) a registered midwife from practising midwifery;

(d) a dental surgeon from carrying out his duties in accordance with any law regulating his profession or calling in Mauritius;

(e) an oral surgeon authorised in writing to do so by the Permanent Secretary from carrying out maxillo-facial surgery.

 

(40) Traditional medicine

Nothing in this Act shall be deemed to prohibit the practice of systems of therapeutics according to homeopathy, Ayurvedic or Chinese traditional methods.

 

(41) Funds and audit

(1)  All fees payable under any regulations made under this Act shall form part of the revenue of the Council and any expenses incurred in carrying out the provisions of this Act shall be paid out of such revenue.

(2)  The Council shall keep proper accounts of all sums received or paid and the accounts for each financial year shall be audited by a qualified auditor appointed by the Council.

(3)  The Council may borrow money or accept any donation.

 

(42) Regulations

(1)  (a)  The Minister may make such regulations as he thinks fit for the purpose of prescribing any matter which is required to be prescribed under section 2 or 22.

(b)  Any regulations made under paragraph (a) shall be made after consultation with the Council and with such other bodies, including the World Health Organisation, as the Minister may deem appropriate.

(2)  (a)  The Council may, for the purposes of this Act, other than for the purposes of prescribing matters referred to in subsection (1) (a), make such regulations as it thinks fit.

(b)  Any regulations made under paragraph (a) may provide for—

(i) the amendment of the Schedules;

(ii) the drawing up of the Code of Practice; and

(iii) the levying of fees and charges.

[S. 42 amended by s. 16 of Act 1 of 2002 w.e.f. 29 January 2002; s. 15 of Act 28 of 2007 w.e.f. 27 December 2007.]

 

(43) Powers of the Minister

The Minister may give to the Council such directions of a general nature, not inconsistent with this Act, as he thinks fit, and the Council shall comply with such directions.

(2)  —

[S. 43 amended by s. 17 of Act 1 of 2002 w.e.f. 29 January 2002; s. 16 of Act 28 of 2007 w.e.f. 27 December 2007.]

 

(44) Offences

(1)  Any person who—

(a) fails to attend the Tribunal after having been required to do so;

(b) refuses to take an oath before the Tribunal or to answer fully and satisfactorily to the best of his knowledge and belief any question lawfully put to him in any proceedings before the Tribunal or to produce any article or document when required to do so by the Tribunal;

(c) gives false evidence or evidence which he knows to be misleading before the Tribunal;

(d) at any sitting of the Tribunal—

(i) wilfully insults any member thereof;

(ii) wilfully interrupts the proceedings or commits any other contempt of the Tribunal;

(e) fraudulently procures or attempts to procure his registration;

(f) being required in writing by the Council to attend as a witness or to procure any document for the purposes of this Act, fails to do so without any reasonable or lawful justification or excuse;

(g) obstructs the proceedings of the Council or the Tribunal during any investigation or proceedings;

(h) molests any member of the Council or the Tribunal in the course of, or on account of, any investigation or proceedings under this Act;

(i) contravenes any regulations made under this Act,

shall commit an offence.

(2)  Any person who commits an offence under this Act or any regulations made under it shall, on conviction, be liable to a fine not exceeding 10,000 rupees or to imprisonment for a term not exceeding 12 months.

 

(45) -