Preparation of register.

§17

Summary

CHAPTER III 1[REGISTRATION OF PRACTITIONERS] 17. Preparation of Register.- (1) As soon as may be after the appointed day, the Registrar shall prepare and maintain thereafter a register of 2[practitioners of Indian Medicine] for the State, in accordance with the provisions of this Act. (2) The register shall be divided into 3[three parts], namely :- (i) Part I containing the names of practitioners who possess any of the qualifications specified in the Schedule; 4[(ii) Part II containing the names of practitioners, whose names were included in that part immediately before the 1st day of October 1976; (iii) Part III containing the names of practitioners, who on the 30th day of September 1976 were enlisted practitioners and who are on that day deemed to have become registered practitioners under section 18.] Each part shall consist of one or more sections as the State Government may specify in this behalf. (3) Every person who possesses any of the qualifications specified in the Schedule shall, at any time on an application made in the form prescribed by rules, to the Registrar and on payment 5[such fees as the State Government may, by notification in the Official Gazette, specify] be entitled to have his name entered in the register. 6[(3A) Notwithstanding anything contained in any law for the time being in force, every person enrolled on the register maintained under the Indian Medicine Central Council Act, 1970 (48 of 1970), but not enrolled on the register maintained under this Act, shall, on an application and on payment of the fee as provided in sub-section (3), be entitled to have his name entered in the register maintained under this Act.] (4) The name of every person who on the day immediately preceding the appointed day stood registered in any register kept under- (a) the Bombay Medical Practitioners Act, 1938 (Bom. XXVI of 1938), as in force in the Bombay area of the State; or (b) the Central Provinces and Berar Ayurvedic and Unani Practitioners Act, 1947 (C. P. and Berar IV of 1948), as in force in the Vidarbha region of the State; or (c) the Medical Act (Hyd. I of 1312 Fasli), as in force in the Hyderabad area of the State; shall be entered in the register prepared under this Act without such permission being required to make an application or to pay any fee. (5) Any person, not being a person qualified for registration under sub-section (3) or (4), who proves to the satisfaction of the Committee appointed under sub-section (6)- (i) that he had been regularly practising the Ayurvedic or the Unani system of medicine in the Vidarbha region or the Hyderabad area of the State, for a period of not less than ten years immediately before the 23rd day of November 1960; or (ii) that he was on the 4th day of November 1941 regularly practising the Ayurvedic or the Unani system of medicine in the Bombay area of the State, but his name was not entered in the register maintained under the Bombay Medical Practitioners Act, 1938 (Bom. XXVI of 1938); 7[or (iii) that his name had been entered in the list kept under section 18 of the Bombay Medical Practitioners Act, 1938 (Bom. XXVI of 1938), by virtue of paragraph (ii) or (iii) of sub-section (1) of section 31C inserted in the Act by the Bombay Medical Practitioners (Amendment) Act, 1949 (Bom. XXXIII of 1949) and stood included, on the day immediately preceding the date of the commencement of the Maharashtra Medical Practitioners (Amendment) Act, 1964 (Mah. XVII of 1965), in the list maintained under this Act, by virtue of clause (a) of sub-section (2) of section 18,] shall, on an application made in the form prescribed by rules, accompanied by a fee of ten rupees and such documents as may be prescribed by rules, 8[on or before the 31st day of March 1965], be entitled to have his name entered in the register. (6) All applications for registration under sub-section (5) shall be considered by a Committee of three members of 9[the Council] appointed by the State Government. The Committee shall make enquiry in such manner as may be prescribed by rules. 10[The Committee shall not entertain any further application from a person, if an application made by him under clauses (i) or (ii) of sub-section (5) has already been decided by it.] (7) 11[(a) Any person aggrieved by the decision of the Committee appointed under sub-section (6) may, within a period of one month from the date of which such decision is communicated to him, on payment of a fee of five rupees, appeal to the appellate authority constituted by the State Government in this behalf. The appellate authority shall consist of a Chairman who has for at least seven years held judicial office not lower in rank than that of a District Judge, one member elected by 12[the Council], and the Director of Ayurved shall be the ex-officio member. The decision of the appellate authority shall be final. (b) Notwithstanding anything contained in clause (a) any person aggrieved by such decision of the Committee, who has not already appealed to the appellate authority aforesaid before the date of the commencement of the Maharashtra Medical Practitioners (Amendment) Act, 1964 (Mah. XVII of 1965), may on or before the 31st day of March 1965, on payment of a like fee of five rupees, appeal to the appellate authority.] 13[(7A) If on an application for registration made under clause (iii) of sub-section (5) or on appeal under sub-section (7), a person is found eligible for registration, then on his name being included in the register the entry of his name in the list shall be cancelled.] (8) The register shall include the following particulars, namely :- (a) the full name and residential address of the registered practitioner; (b) the date of his admission to the register maintained under this Act; and if he, be a person who was registered on the day immediately preceding the appointed day, in a register kept under any of the Acts referred to in sub-section (4), the date of his admission to that register; (c) the qualification specified in the Schedule possessed by him, if any, and the date on which he obtained the qualification and the authority which conferred or granted it; and (d) such further particulars as may be prescribed by rules. (9) When the register is prepared in accordance with the foregoing provisions the Registrar shall publish a notice in the Official Gazette and such newspapers as 14[the Council] may select, about the register having been prepared, and the register shall come into force from the date of the publication of such notice in the Official Gazette. (10) (a) Every registered practitioner shall be given a certificate of registration in the form prescribed by rules. The registered practitioner shall display the certificate of registration in a conspicuous place in his dispensary, clinic or place of practice. 15[(b) Such certificate shall be valid until it is duly cancelled and the name of the practitioner is removed from the register under the provisions of this Act; and every certificate of registration given before the commencement of the Maharashtra Medical Practitioners (Amendment) Act, 1972 (Mah. V of 1972) which is valid on such commencement shall, subject to the provisions of section 23A, be valid likewise, and shall continue accordingly.] 16[(c) Where it is shown to the satisfaction of the Registrar that a certificate of registration has been defaced, lost or destroyed, the Registrar may, on payment of the prescribed fee, issue a duplicate certificate in such form as may be prescribed.]

<center class="font1">CHAPTER III 1[REGISTRATION OF PRACTITIONERS]</center> 17. Preparation of Register.- (1) As soon as may be after the appointed day, the Registrar shall prepare and maintain thereafter a register of 2[practitioners of Indian Medicine] for the State, in accordance with the provisions of this Act. (2) The register shall be divided into 3[three parts], namely :- (i) Part I containing the names of practitioners who possess any of the qualifications specified in the Schedule; 4[(ii) Part II containing the names of practitioners, whose names were included in that part immediately before the 1st day of October 1976; (iii) Part III containing the names of practitioners, who on the 30th day of September 1976 were enlisted practitioners and who are on that day deemed to have become registered practitioners under section 18.] Each part shall consist of one or more sections as the State Government may specify in this behalf. (3) Every person who possesses any of the qualifications specified in the Schedule shall, at any time on an application made in the form prescribed by rules, to the Registrar and on payment 5[such fees as the State Government may, by notification in the Official Gazette, specify] be entitled to have his name entered in the register. 6[(3A) Notwithstanding anything contained in any law for the time being in force, every person enrolled on the register maintained under the Indian Medicine Central Council Act, 1970 (48 of 1970), but not enrolled on the register maintained under this Act, shall, on an application and on payment of the fee as provided in sub-section (3), be entitled to have his name entered in the register maintained under this Act.] (4) The name of every person who on the day immediately preceding the appointed day stood registered in any register kept under- (a) the Bombay Medical Practitioners Act, 1938 (Bom. XXVI of 1938), as in force in the Bombay area of the State; or (b) the Central Provinces and Berar Ayurvedic and Unani Practitioners Act, 1947 (C. P. and Berar IV of 1948), as in force in the Vidarbha region of the State; or (c) the Medical Act (Hyd. I of 1312 Fasli), as in force in the Hyderabad area of the State; shall be entered in the register prepared under this Act without such permission being required to make an application or to pay any fee. (5) Any person, not being a person qualified for registration under sub-section (3) or (4), who proves to the satisfaction of the Committee appointed under sub-section (6)- (i) that he had been regularly practising the Ayurvedic or the Unani system of medicine in the Vidarbha region or the Hyderabad area of the State, for a period of not less than ten years immediately before the 23rd day of November 1960; or (ii) that he was on the 4th day of November 1941 regularly practising the Ayurvedic or the Unani system of medicine in the Bombay area of the State, but his name was not entered in the register maintained under the Bombay Medical Practitioners Act, 1938 (Bom. XXVI of 1938); 7[or (iii) that his name had been entered in the list kept under section 18 of the Bombay Medical Practitioners Act, 1938 (Bom. XXVI of 1938), by virtue of paragraph (ii) or (iii) of sub-section (1) of section 31C inserted in the Act by the Bombay Medical Practitioners (Amendment) Act, 1949 (Bom. XXXIII of 1949) and stood included, on the day immediately preceding the date of the commencement of the Maharashtra Medical Practitioners (Amendment) Act, 1964 (Mah. XVII of 1965), in the list maintained under this Act, by virtue of clause (a) of sub-section (2) of section 18,] shall, on an application made in the form prescribed by rules, accompanied by a fee of ten rupees and such documents as may be prescribed by rules, 8[on or before the 31st day of March 1965], be entitled to have his name entered in the register. (6) All applications for registration under sub-section (5) shall be considered by a Committee of three members of 9[the Council] appointed by the State Government. The Committee shall make enquiry in such manner as may be prescribed by rules. 10[The Committee shall not entertain any further application from a person, if an application made by him under clauses (i) or (ii) of sub-section (5) has already been decided by it.] (7) 11[(a) Any person aggrieved by the decision of the Committee appointed under sub-section (6) may, within a period of one month from the date of which such decision is communicated to him, on payment of a fee of five rupees, appeal to the appellate authority constituted by the State Government in this behalf. The appellate authority shall consist of a Chairman who has for at least seven years held judicial office not lower in rank than that of a District Judge, one member elected by 12[the Council], and the Director of Ayurved shall be the ex-officio member. The decision of the appellate authority shall be final. (b) Notwithstanding anything contained in clause (a) any person aggrieved by such decision of the Committee, who has not already appealed to the appellate authority aforesaid before the date of the commencement of the Maharashtra Medical Practitioners (Amendment) Act, 1964 (Mah. XVII of 1965), may on or before the 31st day of March 1965, on payment of a like fee of five rupees, appeal to the appellate authority.] 13[(7A) If on an application for registration made under clause (iii) of sub-section (5) or on appeal under sub-section (7), a person is found eligible for registration, then on his name being included in the register the entry of his name in the list shall be cancelled.] (8) The register shall include the following particulars, namely :- (a) the full name and residential address of the registered practitioner; (b) the date of his admission to the register maintained under this Act; and if he, be a person who was registered on the day immediately preceding the appointed day, in a register kept under any of the Acts referred to in sub-section (4), the date of his admission to that register; (c) the qualification specified in the Schedule possessed by him, if any, and the date on which he obtained the qualification and the authority which conferred or granted it; and (d) such further particulars as may be prescribed by rules. (9) When the register is prepared in accordance with the foregoing provisions the Registrar shall publish a notice in the Official Gazette and such newspapers as 14[the Council] may select, about the register having been prepared, and the register shall come into force from the date of the publication of such notice in the Official Gazette. (10) (a) Every registered practitioner shall be given a certificate of registration in the form prescribed by rules. The registered practitioner shall display the certificate of registration in a conspicuous place in his dispensary, clinic or place of practice. 15[(b) Such certificate shall be valid until it is duly cancelled and the name of the practitioner is removed from the register under the provisions of this Act; and every certificate of registration given before the commencement of the Maharashtra Medical Practitioners (Amendment) Act, 1972 (Mah. V of 1972) which is valid on such commencement shall, subject to the provisions of section 23A, be valid likewise, and shall continue accordingly.] 16[(c) Where it is shown to the satisfaction of the Registrar that a certificate of registration has been defaced, lost or destroyed, the Registrar may, on payment of the prescribed fee, issue a duplicate certificate in such form as may be prescribed.]

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