Prohibition of medical practice by persons not registered.

§33

Summary

1[33. Prohibition of medical practice by persons not registered.- (1) Notwithstanding anything contained in any law for the time being in force or in any judgment, decree or order of any Court, no person other than a medical practitioner whose name is entered in- (i) the register maintained under this Act ; or (ii) the register or the list prepared and maintained under the Bombay Homoeopathic and Biochemic Practitioners Act, 1959 (Bom. XII of 1960) or under any other law for the time being in force in relation to the qualifications and registration of Homoeopathic or Biochemic Practitioners in any part of the State; or (iii) the register prepared and maintained under the Maharashtra Medical Council Act, 1965 (Mah. XLVI of 1965); or (iv) the Indian Medical Register prepared and maintained under the Indian Medical Council Act,1965 (CII of 1956), shall practise any system of medicine in the State : Provided that, the State Government may, by notification in the Official Gazette, direct that subject to such conditions as it may deem fit to impose and the payment of such fees as may be prescribed by rules, the provisions of this section shall not apply to any class of persons, or to area, as may be specified in such notification. 2[(2) Any person, who acts in contravention of any of the provisions of sub-section (1) shall, on conviction, 3[be punished,- (a) for the first offence, with rigorous imprisonment for a term which shall not be less than two years but which may extend to five years and with fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees; and (b) for a second or subsequent offence, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to ten thousand rupees : Provided that, when the contravention is continued after the order of conviction, a further fine which may extend to five hundred rupees, for each day of continuation of such contravention, may be imposed ]. ]

1[33. Prohibition of medical practice by persons not registered.- (1) Notwithstanding anything contained in any law for the time being in force or in any judgment, decree or order of any Court, no person other than a medical practitioner whose name is entered in- (i) the register maintained under this Act ; or (ii) the register or the list prepared and maintained under the Bombay Homoeopathic and Biochemic Practitioners Act, 1959 (Bom. XII of 1960) or under any other law for the time being in force in relation to the qualifications and registration of Homoeopathic or Biochemic Practitioners in any part of the State; or (iii) the register prepared and maintained under the Maharashtra Medical Council Act, 1965 (Mah. XLVI of 1965); or (iv) the Indian Medical Register prepared and maintained under the Indian Medical Council Act,1965 (CII of 1956), shall practise any system of medicine in the State : Provided that, the State Government may, by notification in the Official Gazette, direct that subject to such conditions as it may deem fit to impose and the payment of such fees as may be prescribed by rules, the provisions of this section shall not apply to any class of persons, or to area, as may be specified in such notification. 2[(2) Any person, who acts in contravention of any of the provisions of sub-section (1) shall, on conviction, 3[be punished,- (a) for the first offence, with rigorous imprisonment for a term which shall not be less than two years but which may extend to five years and with fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees; and (b) for a second or subsequent offence, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to ten thousand rupees : Provided that, when the contravention is continued after the order of conviction, a further fine which may extend to five hundred rupees, for each day of continuation of such contravention, may be imposed ]. ]

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