Medical Council Act
Part V- Savings & Transitional
(46) Continuance of pending proceedings
1. All investigations or disciplinary proceedings commenced under the Medical Council Act 1988 shall be continued and completed
(a) if the investigations or proceedings have been wholly or partly completed or heard, as if the Medical Council Act 1988 were still in force; and(b) in other cases, as if the investigation or proceedings had been commenced under this Act.
2. All judicial or extra judicial proceedings other than those referred to in subsection (1) started by or against the Medical Council established under the Medical Council Act 1988 shall be deemed to have been started by or against the Council.
(47) Saving of membership
1. The Chairman and members of the Medical Council established under the Medical Council Act 1988 who were in office prior to the coming into force of this Act shall remain in office for the purposes of this Act as if they had been elected or appointed, as the case may be, under this Act, until the day members of the Council are elected under this Act.
2. For the purposes of subsection (1), the election of the members of the Council shall be held within 3 months of the day on which this Act comes into force.
3. For the purposes of subsection (1), the quorum of the Council shall be the quorum provided under the Medical Council Act 1988.
(48) Saving of appointment
The person who holds the office of Registrar under the Medical Council Act 1988 on the day this Act comes into force shall remain in office on the same terms and conditions on which he held the office of Registrar before that day.
(49) Saving of registration
A person who immediately before the coming into force of this Act was registered as a Medical Practitioner under the Medical Council Act 1988 shall upon the coming into force of this Act be deemed to be registered as a general practitioner under this Act.
(50) Saving of annual list
The annual list of medical practitioners published under the Medical Council Act 1988 immediately before the coming into force of this Act shall remain valid and be deemed to be the annual list of general practitioners under this Act until the annual list is published under section 30.
(51) Transfer of assets and liabilities
1. On the day when this Act comes into force, all assets and liabilities of the Medical Council established under the Medical Council act 1988 shall be transferred to and shall vest in the Council.
2. The Council shall have all powers necessary to take possession of, recover and deal with those assets and discharge those liabilities.
(52) Agreements
Every agreement, whether in writing or not, and every other instrument to which the Medical Council established under the Medical Council Act 1988 was a party or which affected it shall have effect as if the Council were a party to it or affected by it.
(53) Saving of Code of Practice
Until the Code of Practice is established the Code of Practice established under the Medical Council Act 1988 shall be deemed to be the Code of Practice.
(54) Commencement:
(1) This Act shall come into force on a date to be fixed by Proclamation.
(2) Different days may be fixed for the coming into force of different provisions of this Act.
FIRST SCHEDULE
(section 4)
Rules of Election of members of the Council
1. Calling for nominations and appointment of nomination day
Not less than one month before the expiring of the three-month period specified in section 47 (2) and every subsequent period of three years, the Registrar shall publish in the Gazette and such newspaper as the Council may direct a notice inviting the submission of nominations and appointing a day on which and the time at which nominations must be submitted.
2. Nomination of candidates
No person shall be eligible for election as a member of the Council unless –
(a) on nomination day, he is a fully registered medical practitioner and is not otherwise suspended and reckons at least 10 years' experience as a medical practitioner in the Republic of Mauritius ;(b) he is a citizen of the Republic of Mauritius ; and
(c ) his nomination is supported by five fully registered medical practitioners.
3. Procedure after nomination
(1) If the number of persons duly nominated exceeds the number of persons to be elected, the Registrar shall publish in the Gazette and such newspaper as the Council may direct a notice -
(a) specifying the names of the persons duly nominated;(b) appointing a day, time and place, being not less than 15 days after the publication of the notice, for the holding of an election.
(2) A person who has been duly nominated shall not publish or distribute any manifesto, which is calculated or likely to induce persons to vote for him to be a member of the Council.
4. Persons entitled to vote
(1) Every person who on nomination day is fully registered as a general practitioner or specialist under this Act shall be entitled to vote at an election of the members of the Council.
(2) Every general practitioner or specialist voting pursuant to subparagraph (1) shall vote for such number of candidates as there are vacancies available in the membership of the Council representing the public or private sector, as the case may be.
(3) Any vote which is cast contrary to subparagraph (2) shall be null and void.
5. Election
(1) The election of members of the Council shall be conducted by the Office of the Electoral Commissioner who shall communicate the results to the Registrar.
(2) The Registrar shall submit to the Minister the results of the election forthwith.
(3) The Minister shall within 21 days of the receipt of the results of the election, publish in the Gazette the composition of the Council.
Proclamation of the Medical Council Act 1999
Proclamation No.5 of 2000
TO FIXED THE DATE OF THE COMING INTO OPERATION OF THE MEDICAL COUNCIL ACT 1999
CASSAM UTEEM
President of the Republic
CASSAM UTEEM - By Mr. CASSAM UTEEM, Grand Commander of the Order of the Star and Key of the Indian Ocean, President of the Republic of Mauritius.
WHEREAS by section 54 of the Medical Council Act 1999, it is enacted that-
(a) the Act shall come into force on a date to be fixed by proclamation; and
(b) different days may be fixed for the coming into force of the different provisions of the Act.
NOW THEREFORE, by virtue of section 54 of the said Act, I do hereby proclaim that-
(a) subject to paragraph (b), the Medical Council Act 1999, shall be deemed to have come into operation on 1 January 2000 ;
(b) sections 30(2)(b) and 38 of the Medical Council Act 1999 shall come into operation on 1 July 2000 .
Given the State House, Le Reduit, this 31 st day of January two thousand.