Chapter IV Chapter IV

Staff and Registration

Registrar, other officers and servants of the Board.—

1. (1) The Board shall, with the previous approval of the Government, appoint a Registrar who shall be the Secretary of the Board. The Registrar shall receive such salary and allowances and shall be governed by such conditions of service as may be prescribed. The Chairman may, from time to time, grant him leave and may temporarily appoint a person to take his place. Any person duly appointed to act as Registrar shall be deemed to be the Registrar for all purposes of this Act.
2. (2) Any order of the Board appointing, punishing or removing the Registrar from his office shall be subject to the approval of the Government.
3. (3) The Board may appoint such other officers and servants as may be necessary for carrying out the purposes of this Act: Provided that the number, designation, pay and allowances of such officers and servants shall be fixed under the regulations framed by the Board: Provided further that the powers of the Board to punish, dismiss, discharge and remove any officer or servant of the Board, shall be subject to rules framed by the Government and regulations framed by the Board.
4. (4) All questions of recruitment, promotion, leave, provident fund and other conditions of service relating to staff of the Board shall be governed by rules, framed by the Government.
5. (5) The Registrar or any other officer or servant appointed under this section shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code 1860 (Central Act 45 of 1860).

Order by Board for maintenance of register.—

1. (1) The Board shall, as soon as may be after the commencement of this Act, and from time to time as occasion may require, make orders regulating the maintenance of a register.
2. (2) The register shall be kept in such form as may be prescribed.

Duties of Registrar.—

1. (1) Subject to the provisions of this Act or subject to any general or special orders of the Board, it shall be the duty of the Registrar to keep the register and discharge such other functions as are required to be discharged by him under this Act or by the rules made thereunder.
2. (2) The Registrar shall, so far as practicable, keep the register correct and up-to-date and may from time to time, enter therein any material alteration in the addresses or qualifications of the practitioners. He shall also remove from the register the name of the registered practitioners who die or who under the provisions of this Act cease to be entitled to remain on the register.
3. (3) The Government may, direct that no alterations in the entries in respect of additional qualifications shall be made unless such fee as may be prescribed is paid.
4. (4) For the purpose of this section, the Registrar may write to any registered practitioner at the address which is entered in the register to inquire whether he has ceased to practice or has changed his residence and if no answer is received to the said letter within three months, the Registrar may issue a registered reminder, and in case no reply is received to the reminder within one month from the date of its issue, he may remove the name of the said practitioner from the register:

Persons entitled to registration Persons entitled to registration.—

1. (1) Every person possessing the qualification mentioned in the Schedule shall, subject to the provisions contained in this Act, and on payment of such fees as may be prescribed in this behalf, be entitled to have his name entered in the register subject to such conditions as the Board may prescribe: Provided that an application for entry in the register made by a person, whose case is not clearly governed by the provisions of this Act or by the rules and regulations made thereunder, shall be referred to Board for such decision as it may deem fit.
2. (2) Any person aggrieved by the decision of the Registrar regarding the registration of any person or the making or removal of any entry in the register may, within ninety days of such registration or entry, appeal to the Board.
3. (3) Such appeal shall be heard and decided by the Board in the prescribed manner.
4. (4) The Board may, on its own motion or on the application of any person and after calling for an explanation from the person concerned and considering the same, cancel or alter any entry in the register, if, in the opinion of the Board such entry was fraudulently or incorrectly made or obtained.

Renewal fees.—

1. (1) The Government may, by notification in the Official Gazette, direct that for the retention of a name in the register after the name is first entered in the register, to pay to the Board such renewal fee and for such period as may be prescribed and where such direction has been made, such renewal fee shall be due and be paid in the manner prescribed.
2. (2) Where a renewal fee is not paid before the due date, the Registrar shall remove the name of the defaulter from the register:

Removal of names from the register Removal of names from the register.— The Board may direct that the name of any practitioner who has been convicted of a cognizable offence as defined in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), and the practitioner discloses such defect of moral character which is in the opinion of the Board sufficient to make him unfit to practice his profession, of who, after due enquiry has been found guilty of conduct which is in the opinion of the Board infamous in any professional respect, shall be removed from the register. The Board may, on sufficient cause being shown, also direct that the name of the practitioner so removed shall be re-entered in the register.

Power of Board to call for information from medical institution.— The Board shall have power to call upon the governing body or authorities, of a medical corporation, examining body or other institution recognized or desirous of being recognized by the Government,—

1. (a) to furnish such reports, returns or other information as the Board may require to enable it to judge the efficiency of the instructions given there in in Indian system of medicines and homoeopathy; and
2. (b) to provide facilities to enable a member of the Board deputed by the Board in this behalf to be present at the examination held by such medical corporation, examining body or institution.

Publication of names entered in the register.—

1. (1) The Registrar shall, in every year and from time to time as occasions may require, on or before a date to be fixed in this behalf by the Board, cause to be published in the Official Gazette, in such manner as the Board may prescribe, a full or supplementary list of names of practitioners for the time being entered in the register and setting forth,—
   • (a) all names entered in the register arranged in alphabetical order;
   • (b) the registered address and appointment held by or actual employment of each person whose name is entered in the register; and
   • (c) the registered titles, degrees and qualifications of each such person and the date on which each such title or degree was granted or qualification acquired: Provided that the Registrar shall, from time to time, get published in the Official Gazette the names of such practitioners whose names have been duly removed from register under any of the provisions of this Act.
2. (2) In any proceeding it shall be presumed that every person whose name is entered in the register is a registered practitioner; and that any person whose name is not so entered is not a registered practitioner. Explanation:— In the case of person whose name has been entered in the register after the last publication of the list, a certified copy signed by Registrar, of the entry of the name of such person in the register, shall be an evidence that such person is registered under this Act.

Examinations Examinations.—

1. (1) The Board may by regulations lay down the qualifications required for admission to a course of training in Indian system of medicines and homoeopathy system of medicine, the duration of such training, the qualifying examinations and may establish the necessary institutions to give such training and may hold such examinations and confer diplomas.
2. (2) It shall be the duty of the Board to secure the maintenance of an adequate standard of proficiency for the practice of the Indian system of medicines and homoeopathy system of medicine and for the purpose of securing such a standard, the Board shall have authority to call the governing body or the authorities of any institutions giving instructions in such system:—
   • (a) to furnish such particulars as the Board may require of any course of study or of any examination held by such institution with reference to the grant of any qualifications, and
   • (b) to permit inspectors appointed by the Board to inspect the institution.
3. (3) The Board may form a standing syllabus, and examination committee consisting of persons from amongst its members for conducting the business mentioned in sub- -sections
4. (1) and (2).

Appointment of Inspector.—

1. (1) The Board may appoint such number of inspectors as it may deem fit on such salary as the Board may, with the previous sanction of the Government, determine.
2. (2) Such Inspector shall in accordance with any general or special directions of the Board, given from time to time, inspect homoeopathic dispensaries, hospitals and the institutions affiliated to Board and shall report to the Board in regard to the course of study pursued and training imparted at every such institutions and on any other matter with regard to which the Board may require him to report.

Grant and withdrawal of recognition.— The Board may grant recognition to any institution imparting instructions to students for preparing them for the qualifying examination and may at any time withdraw such recognition if in the opinion of the Board the institution is unable to impart instructions of the required standard.