Code of Ethics Regulations, 2002 (AMENDED UPTO DECEMBER 2010) (Published in Part III, Section 4 of the Gazette of India, dated 6th April,2002)
what is meant by administrative agency or body?
An administrative agency is a body of government created by a legislature and has the power of supervision and regulation of a particular area of governmental concern.
can govt agencies or bodies have the power to decide the rights of parties?
As a general rule, only courts of law have the authority to decide controversies that affect individual rights. One major exception to this general rule is the power of an administrative Agency to make decisions concerning the rights of parties.
in which there are hearings, orders, judgments or other activities similar to those conducted by courts.
this type of power is called as quasi judicial.
Part of the regulatory power given to an administrative agency is the power of adjudication.
what is meant by quasi judicial authority?
Quasi-judicial activity is limited to the issues that concern the particular administrative agency.Quasi-judicial action by an administrative agency may be appealed to a court of law.
With the exception of rule making, any decision by an agency that has a legal effect is a quasi-judicial action.
Whether MCI is conferred with any semi or quasi judicial power?
Yes.
what are the other powers of MCI?
the minimum standards for medical education are to be prescribed by MCI under the Indian Medical Council Act, 1956 and MCI is the sole authority to prescribe the standards and that the standards so prescribed by virtue of the "Regulations on Graduate Medical Education, 1997" are statutory in nature and cannot be overridden by any other govt authority except parliament.
Is there any penal clause in the code of Medical ethics for the violation of its provisions?”
yes.
Where it has been mentioned that the MCI can suspend ones registration for the violation of any of its provision?
Yes.mentioned in chapter 8.(8.1&8.2).(CHAPTER 8. PUNISHMENT AND DISCIPLINARY ACTION).
Even though all type of misconducts and unethical activities were listed in these MCI regulations,councils are competent enough to consider and deal with any other form of professional misconduct on the part of a registered practitioner.
on receipt of complaint,Medical Council would hold an enquiry and give opportunity to the registered medical practitioner to be heard in person or by pleader. If the medical practitioner is found to be guilty of committing professional misconduct, the appropriate Medical Council may award such punishment as deemed necessary with in 6 months after receipt of complaint.
what type of disciplinary action, the medical councils can take?
When any modern physician (not hospitals) committed un-ethical or misconduct actions when proved by the proceedings of council, the medical council can -
1.removal of name from the council register for short or long period or permanently.
2. as per chaper 8.5,During the pendency of the complaint the Council may restrain the physician from performing the procedure or practice which is under scrutiny.
An administrative agency is a body of government created by a legislature and has the power of supervision and regulation of a particular area of governmental concern.
can govt agencies or bodies have the power to decide the rights of parties?
As a general rule, only courts of law have the authority to decide controversies that affect individual rights. One major exception to this general rule is the power of an administrative Agency to make decisions concerning the rights of parties.
in which there are hearings, orders, judgments or other activities similar to those conducted by courts.
this type of power is called as quasi judicial.
Part of the regulatory power given to an administrative agency is the power of adjudication.
what is meant by quasi judicial authority?
Quasi-judicial activity is limited to the issues that concern the particular administrative agency.Quasi-judicial action by an administrative agency may be appealed to a court of law.
With the exception of rule making, any decision by an agency that has a legal effect is a quasi-judicial action.
Whether MCI is conferred with any semi or quasi judicial power?
Yes.
what are the other powers of MCI?
the minimum standards for medical education are to be prescribed by MCI under the Indian Medical Council Act, 1956 and MCI is the sole authority to prescribe the standards and that the standards so prescribed by virtue of the "Regulations on Graduate Medical Education, 1997" are statutory in nature and cannot be overridden by any other govt authority except parliament.
Is there any penal clause in the code of Medical ethics for the violation of its provisions?”
yes.
Where it has been mentioned that the MCI can suspend ones registration for the violation of any of its provision?
Yes.mentioned in chapter 8.(8.1&8.2).(CHAPTER 8. PUNISHMENT AND DISCIPLINARY ACTION).
Even though all type of misconducts and unethical activities were listed in these MCI regulations,councils are competent enough to consider and deal with any other form of professional misconduct on the part of a registered practitioner.
on receipt of complaint,Medical Council would hold an enquiry and give opportunity to the registered medical practitioner to be heard in person or by pleader. If the medical practitioner is found to be guilty of committing professional misconduct, the appropriate Medical Council may award such punishment as deemed necessary with in 6 months after receipt of complaint.
what type of disciplinary action, the medical councils can take?
When any modern physician (not hospitals) committed un-ethical or misconduct actions when proved by the proceedings of council, the medical council can -
1.removal of name from the council register for short or long period or permanently.
2. as per chaper 8.5,During the pendency of the complaint the Council may restrain the physician from performing the procedure or practice which is under scrutiny.
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