INDIAN BIO-CHEMIC ACT-2009
It is hereby enacted in the 59th year of Republic of India as follows:-
1. Short title, extent and commencement
a) India Bio-chemic Act-2009
b) It extends to the whole of India.
c) It shall come into force on such date as the Central Government office, may by official notification.
(Notification Published in The Gazette of India , Extraordinary on dated 11 June’2014)
2. Interpretation: In this Act, unless the context otherwise requires:
a) “Court” when used in relation to Department means the Principal Medical Court of original jurisdiction of the BEGC within which the registered office of the department is situated and in relation to a Department situated within the BEGC Medical court/Special Medical Court.
b) “Governing Body” means the body, by whatever name called entrusted for the time being with the management of a Bio-chemic Departments under its regulations:
c) “In-charge” means Higher authority.
d) “Staff” when used in relation to a Bio-chemic Department means a person who has been admitted with his consent as a staff of the Bio-chemic Department according to its regulations.
e) “Memorandum” means the memorandum of group referred to in section 3.
f) “Officer” means a staff of Governing body, the In-charge, Chancellor, Principle, Doctor or any other office bear of a department and includes also an employee of the department whose work is not of a purely ministerial nature.
g) “Officer in default” for the purpose of any provision in this Act, means any officer who is knowingly guilty of any
contravention, failure or refusal or who knowingly and willingly authorises or permits such contravention, failure or refusal.
*BEGC = Bio-chemic Education Grant Commission Govt. of India
h)“In-charge” means the In-charge, the Chancellor/Principal /Chairman or the formal head by whatever name called of a Department and includes a person who for the time being acts as the formal head.
i)“Registered Office” means the registered office mentioned in the memorandum.
j)C.E.O. or Chief means a person appointed as C.E.O. or Chief under section-4 and includes in relation to the exercise of any power or functions under this Act, any person referred to in that section on who such power or functions have been conferred under that section.
k) “Regulations” means the regulations made by a Department and in relation to a department deemed to have been registered under sub-section (ii) of section 30 of this Act, include its rules and regulations.
l) “Rules” means rules made by under section 40.
m) “Authority” means the authority or principal executive officer by whatever name called of a department and includes a person who for the time being acts as authority.
n) “Department” means a department registered or deemed to have been registered under this Act.
3.Department to be formed by memorandum of group and registration:
I) Any five or more individuals join together for any of the object mentioned in sub-section (2) may subscribe their names to a memorandum of group and file it along with a copy of the regulations with the register for registration of the group as a department under this Act.
II)The objects referred to in sub-section (1) may relate to the promotion of literature, arts, science, treatments any charitable purpose including the care or relief of orphans or of aged, sick, helpless or indigent persons, the alleviation of the sufferings of animals, the diffusion of knowledge, dissemination of social, economic education, Bio-chemic Education: the establishment and maintenance of Libraries or
**C.E.O.-Chief Executive Officer
Hospitals/Medical Colleges/Universities/Medical Boards regarding rooms for the staff or for the public, the collection and preservation manuscripts, paintings, sculptures, work of art antiquities, natural history specimens mechanical, scientific or medical instruments and designs, promotion and development of “Bio-chemic Education Grant Commission” as being objects beneficial to the public or to a section of the public.
Appointment of C.E.O. or Chief Commissioner or Chief Justice or M.D.(Managing Director)
a) The Central Govt. or Act. Authority may appoint by official notification or certify a person to be the M.D./Chief/C.E.O. of Bio-chemic Education Grant commission Govt. of India for India.
b) Appointment of Deputy, Assistant Director and Registrar or any Rank.
i)The Authority may appoint a person to be the Deputy Chief of “Bio-chemic Education Grant Commission”.
ii) Other a person to be the E.O./Director of ‘Bio-chemic Swasthya West Bengal.’
iii)Deputy/Assistant Director and Registrar or any Rank as it thinks necessary to assist the Authority and may be General or special order confer as such person or persons assisting the Authority any of the powers and function of the Authority under this Act.
5. Memorandum of Group:
A) The memorandum shall contain amongst other things, the following particulars, namely-
i)The name of the group.
ii)The address of the registered office of the group.
iii)The objects of the group.
iv)The names of the first staff of Governing body and
v)The names, address and occupations of the signatories to memorandum.
B)After registration a department shall not change the memorandum except in accordance with the provisions of this Act.
6. Regulations: The Registrar shall not accept any memorandum for registration of a Bio-chemic department/Centre unless it is accompanied by a copy its regulations providing amongst other things for following matters namely-
a)The composition of Governing Body and manner of appointment and resignation and the term of office of the staffs of the Governing Body, the in-charge, chancellor/principal and others officials.
b)The recruitment to staff ship and resignation and removal of staff.
c)The maintenance of a registrar of staffs and facilities for inspection thereof by the staffs.
d)The safe custody of the property of the Bio-chemic department including in particular, the manner of keeping or investing any moneys of department.
e)The maintenance audit of accounts.
g)The inspection of account and of the proceedings of meetings by staff of Governing Body.
h) Any other matter relating to the objects or affairs of the department.
a)The Higher Authority or Registrar upon being satisfied that the memorandum and regulations accompanying it comply with the requirements of this act and the rules and upon payment of the fee referred to in subsection (2), shall certify under his hand and seal that the department is registered under Act.
b) There shall be paid to the Registrar/Higher authority, for the registration of a department under this Act, such fee not exceeding ten thousand and five hundred rupees or as the C.E.O. of ‘Bio-chemic Education Grant Commission and Bio-chemic Swasthya West Bengal’ from time to time direct.
c) An appeal shall lie to the ‘Bio-chemic Education Grant Commission and Bio-chemic Swasthya West Bengal’ against an order of the Registrar/Higher authority refusing to certify the registration of a group as a department under this Act and the decision of the C.E.O. of ‘Bio-chemic Education Grant Commission’ or ‘Bio-chemic Swasthya West Bengal’ on such appeal shall be final.
8. Alteration of memorandum and regulation:
a)A department/Group shall not alter its memorandum except with the previous permission of the Registrar/Higher authority writing and the consult of Governing Body staffs.
b)Before granting permission under sub-section (1) the Registrar/Higher authority shall satisfy himself that the alteration does not make the department illegible for registration under this Act.
c)Subject to the provision of this Act, the rules and the provisions of the memorandum a department may, by the consult of Government body staffs alter its regulations.
9. Alteration to be filled:
a)A copy of every alteration of the memorandum and a the regulations shall be filled with the Registrar/Higher authority within thirty days of such alteration.
b)The Registrar shall accept for special reasons to be recorded by him in writing within thirty days from the date of such receipt record the alteration and send to department or communicate to the department. His object to such alteration.
c)An appeal shall be lie to the ‘bio-chemic Education Grant Commission and Bio-chemic Swasthya West Bengal’ against any object made by the Registrar/Higher authority and decision of the Director/any Higher authority of ‘Bio-chemic Education Grant Commission’ and ‘Bio-chemic Swasthya West Bengal’ on such appeal shall be final.
d)An alteration shall have effect from the date on which the intimation referred to in sub-section(2) is received by the department or in the event of any objection being raised by the Registrar/Higher authority from the date on which the director of ‘Bio-chemic Education Grant Commission’ and ‘Bio-chemic Swasthya West Bengal’ allows alteration or appeal.
10. Name of department / Group / Concern:
No department shall be registered under a name which is identical with or too nearby resembles, the name of any other department or any body corporate which has been previously registered or incorporated under this Act or any other law for the time being in force as the case may be, or is deemed to have been registered under Act.
11. C.E.O. of ‘Bio-chemic Education Grant Commission’ and ‘Bio-chemic Swasthya West Bengal’ may direct change of name:
a)A department is registered under a name or alters its name to another name which in the opinion of the C.E.O. ‘Bio-chemic Education Grant Commission’ and ‘Bio-chemic Swasthya West Bengal’ is identical with or too nearby resembles the name of any other’s department or body corporate which having been previously registered or incorporated under this Act or any other law for the time being in force or being deemed to have been registered under this Act continues to exist the C.E.O. r of ‘Bio-chemic Education Grant Commission’ and Bio-chemic Swasthya West Bengal’ may by order made in this behalf direct such department to change its name and alter its memorandum within three months from the date of the order or such longer period as the C.E.O. ‘Bio-chemic Education Grant Commission’ and ‘Bio-chemic Swasthya West Bengal thinks fit to allow.
b)No change of name shall effect the right and liabilities of department or any legal proceeding by or against the department.
c) In case of non-compliance with an order under sub-section (1) every officer in default shall be punishable with fine which may extend to fifty rupees for every day until the order is complied with.
12. Department to have power to amalgamate with another department:
a)Whenever two more department desire to amalgamate the governing body of each such department shall submit the proposal in writing to the staffs thereof and such proposal shall be considered in a general consult of the department convened for the purpose.
b)No such proposal shall have any effect unless-
i)it shall have been delivered or sent by registered post to the Governing body staffs of the department at least fifteen days before the date of consult at which it will be considered.
ii) It has been sent to the registrar/authority before the consult and communicates his approval thereto with or without any notification.
iii) The proposal with the modifications if any suggested by the registrar/any higher authority is agreed to by the consult of each departments confirmed.
c) An appeal shall lie to the ‘Bio-chemic Education Grant Commission’ and ‘Bio-chemic Swasthya West Bengal’ against any order of the registrar/any higher authority refusing to accord his approval to that proposal or suggesting any modification and the decision of the ‘Bio-chemic Education Grant Commission’ and ‘Bio-chemic Swasthya West Bengal’ on such appeal shall be final.
d) On the proposal being confirmed-
i)the amalgamated department shall be registered under its new name.
ii)the registration of the amalgamated departments shall be cancelled.
iii)the assets and the liabilities of the amalgamating departments shall be
the assets and the liabilities of the amalgamated department.
13. Name of department/concern to be prominently shown:
A) Every department shall-
i) Prominently display its name outside its office or the place where its business is carried on.
ii) Have a seal with its name engraved thereon.
iii) Have its name mentioned in all documents executed in its favour or
on its behalf.
B) For any contravention of the provisions of sub-section (1), every officer in default shall be punishable with fine which may extend to fifty rupees.
14. Register of staffs:
i) Every department shall maintain of its registered office or register of its staffs and shall enter there in the following particulars namely-
a)the name and address of each staff.
b)the date on which the staff recruited.
c)the date on which a staff ceased to be such.
ii) If entries are not made within fifteen days of the recruitment of a staff or ceassation of staff ship, every officer in default shall be punishable with fine which may extend to fifty rupees for every day during which the contravention continues.
256. M.C.P.C. – Medical Centralized Processing Cell. It is a Great Controller Cell of Medical System in India. This MCPC made by Bio-chemic Education Grant Commission Govt. of India.
MCPC Board Govt. of India.
b.Executive Officer & Registrar
c.Section Officer (S.O.)
d.Section Inspector (S.I.)
e.Clerk / Head Clerk
a.Doctors, Medical Concerns, Medical Related Course Holders, Registration Register to Keep Account.
b.Issue of Identity Card to Regd. Doctor in India, That is Indian Doctor Original Identity.
DOCTOR IDENTITY CARD
Regd No.:…………………………………………………………………….Date of Issue…………………
S/o, W/o,………………………………………………………………….Permanent Address……………
………………………………………………………………………………………….field of Medicine……..
Valid for Ten Years. Authority.
* Partly been released.
Company Name: Bio-Chemic Education Grant Commission
Contact Person: PRO
State: West Bengal