State medical councils asked to appoint officers for taking action against quacks

New Delhi: State Medical Councils have been asked by the National Medical Council (NMC) to appoint an officer who can file complaints before a court or any other authority concerned to take action against quacks. A circular issued by the NMC on July 14 stated that as per the provisions of the NMC Act, 2019, the act of quackery and the medical practice by non-registered/enrolled person is a punishable offence under section 34.

"The court will take cognizance of an offence punishable under section 54 of the NMC Act upon a complaint in writing made in this behalf by an officer authorised by the Commission or the Ethics and Medical Registration Board or at State Medical Council," the circular issued by Dr Yogender Malik, member of the NMC's Ethics and Medical Registration Board (EMRB) stated.

According to the Section 34 of NMC Act, one who is not enrolled in the State Register or the National Register is not entitled to sign or authenticate a medical or fitness certificate or any other certificate which is required by any law to be signed by a duly qualified medical practitioner or entitled to give evidence at any inquest or in any court of law as an expert under section 45 of the Indian Evidence Act, 1872 on any matter relating to medicine.

"Any person who contravenes any of the provisions of this section shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five lakh rupees or with both," the Act said.

Section 54 reads that no court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made in this behalf by an officer authorised by the Commission or the Ethics and Medical Registration Board or a State Medical Council, as the case may be.

"In order to enforce the aforementioned provisions prescribed under Section 34 read with Section 54 of the National Medical Commission Act, 2019, all Medical Councils shall appoint an officer to file complaints before the Court or any other concerned authority to take appropriate action against quacks as per law.

State Medical Councils shall furnish an annual report to the Commission this regard, it stated.