Section 34 of The National Medical Commission Act, 2019 in hindi — Bar to practice

Bare section text

Official Legislative Text

(1)No person other than a person who is enrolled in the State Register or the National Register, as the case may be, shall--
1. (a)be allowed to practice medicine as a qualified medical practitioner;
2. (b)hold office as a physician or surgeon or any other office, by whatever name called, which is meant to be held by a physician or surgeon;
3. (c)be entitled to sign or authenticate a medical or fitness certificate or any other certificate required by any law to be signed or authenticated by a duly qualified medical practitioner;
4. (d)be 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 (1 of 1872) on any matter relating to medicine: Provided that the Commission shall submit a list of such medical professionals to the Central Government in such manner as may be prescribed: Provided further that a foreign citizen who is enrolled in his country as a medical practitioner in accordance with the law regulating the registration of medical practitioners in that country may be permitted temporary registration in India for such period and in such manner as may be specified by the regulations.
(2)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.

Educational Study Layer

Summary

No person is allowed to practice modern scientific medicine as a qualified doctor unless they are registered in the State or National Register.
Unregistered individuals are prohibited from holding any job as a physician, surgeon, or other medical officer.
Only registered practitioners can sign or authenticate legally required medical and fitness certificates.
Unregistered persons cannot testify as medical experts in a court of law or legal inquest.
Foreign medical practitioners can be granted temporary registration in India under specific regulations.
Anyone who violates these rules can be punished with up to one year in prison, a fine of up to five lakh rupees, or both.

Practical examples

1Amit has a medical degree but has not registered in any state or national medical register. He opens a private clinic in Bhopal, but after a surprise check, he is prosecuted under Section 34 and faces a heavy fine and jail time.

2Dr. Brenda, a licensed cardiologist from Canada, is invited to teach a new surgical technique at an institute in Mumbai. She obtains a temporary registration under Section 34 to legally perform demonstrations on patients.

FAQ

1. What is the maximum punishment for practicing medicine without registration under Section 34 of the National Medical Commission Act, 2019?

Under Section 34 of the National Medical Commission Act, 2019, any person who practices without registration can be punished with imprisonment up to one year, a fine up to five lakh rupees, or both.

2. Can an unregistered medical graduate sign a sick leave certificate under Section 34 of the NMC Act, 2019?

No, under Section 34 of the NMC Act, 2019, only persons enrolled in the State or National Register are legally entitled to sign or authenticate medical or fitness certificates.

3. Can a foreign doctor work temporarily in India under Section 34 of the National Medical Commission Act, 2019?

Yes, under Section 34 of the National Medical Commission Act, 2019, a foreign citizen registered as a doctor in their own country may be permitted temporary registration in India for a specific period.

Practice Quiz

Q1.Under Section 34 of the National Medical Commission Act, 2019, what is the maximum prison term for practicing modern medicine without enrollment in a State or National Register?

Q2.Under Section 34 of the National Medical Commission Act, 2019, which of the following acts is an unregistered person explicitly prohibited from performing?

Q3.Under Section 34 of the National Medical Commission Act, 2019, how can a foreign citizen who is a registered doctor in their own country practice in India?

Q4.Under Section 34 and Section 31 of the National Medical Commission Act, 2019, how is the entitlement to practice medicine verified?

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