Chapter III REGISTRATION AND ENLISTMENT.

(1) As soon as may be after the appointed day, the Registrar shall prepare and maintain thereafter a register of Ayurvedic and Unani practitioners for the State, in accordance with the provisions of this Act.

(2) The register shall be in the prescribed form and there shall be one register consisting of tyro parts. Part I shall include the names of registered practitioners possessing any of the recognised qualifications and Part II shall include the names of regisetered practitioners other than those included in Part I.

(3) Every person who possesses any of the qualifications specified in the Schedule shall, at any time on an application made in the prescribed form to the Registrar and on payment of a fee of ten rupees, be entitled to have his name entered in the register.

(4) Notwithstanding anything contained in sub-section (3) the name of every person who on the day immediately preceding the appointed day stood registered in any register kept under the Bombay Medical Practitioners' Act, 1938 in its application to the Bombay area of the State or the said Act as adapted and applied to the Saurashtra area of the State or under any other corresponding law shall be entered in the register prepared under this Act without such person 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 (8) that he had been regularly practising the Ayurvedic or Unani system of medicine— (i) in the Bombay area of the State of Gujarat on the 4th November 1941 but his name was not entered in the register maintained under the Bombay Medical Practitioners' Act, 1938, or (ii) in the Saurashtra area of the State of Gujarat on the 1st November 1951 but his name was not entered in the register maintained under the Bombay Medical Practitioners' Act, 1938 as adapted and applied to the said area. shall, on an application made in the prescribed form within a period of four years from the appointed day and accompanied by a fee of ten rupees and the prescribed documents, be entitled to have his name entered in the register.

(6) 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 (8),— (a) that he has been regularly practising the Ayurvedic or Unani system of medicine in a merged territoty or a merged area for a period of not less than ten years before the 1st May, 1956, or (b) that he has been regularly practising the Ayurvedic or Unani system of medicine in the Kutch area of the State for a period of not less than ten years before the appointed day, shall, on an application made in the prescribed form within a period of one year from the appointed day and accompanied by a fee of ten rupees and the prescribed documents be entitled to have his name entrered in the register. Explanation.—In this sub-section,— (1) the expression "merged territory" means the area of a merged State as defined in the Bombay Merged States (Laws) Act, 1960 and included in the State of Gujarat from the 1st May 1960 and (2) the expression "merged area" means any area included in the then existing province of Bombay by the Bombay (Enlargement of Area and Alteration of Boundaries) Order, 1947 or the Bombay (Enlargement of Area and Alteration of Boundaries) Order, 1948 or as the case may be the Bombay (Enlargement of Area and Alteration of Boundaries) (Amendment) Order, 1948 and included in the State of Gujarat from the 1st May 1960.

(7) Any person, not being a person qualified for registration under sub-section (3), (4) or (6) who proves to the satisfaction of the Committee appointed under sub-section (8)— (a) that he has been regularly practising the Ayurvedic or Unani system of medicine for a period of not less than ten years immediately before the appointed day and that his name continued to be included in the list kept under section 18 of the Bombay Medical Practitioners' Act, 1938 in its application to the Bombay area of the State or of the said Act as adapted and applied to the Saurashtra area of the State for the period as aforesaid, or (b) that he has been regularly practising the Ayurvedic or Unani system of medicine as an enlisted practitioner, and— (i) that he has been practising that system as such practitioner for not less than ten years, in any part of the State, or (ii) that the aggregate of the period for which he has been regularly practising that system as such practitioner and the period for which he had been in regular practice of that system immediately before his name was entered in the list prepared under this Act, by virtue of his name having been entered in the list kept under section 18 of the Bombay Medical Practitioners' Act, 1938 in its application to the Bombay area of the State or of the said Act as adapted and applied to the Saurashtra area of the State, in any part of the State, is not less than ten years, shall, on an application made in the prescribed form and accompanied by the prescribed fee and the prescribed documents, be entitled to have his name entered in the register.

(8) All applications for registration under sub-section (5), (6) or (7) shall be considered by a Committee of three members of the Board appointed by the State Government. The Committee shall make inquiry in respect of such applications in the prescribed manner.

(9) Any person aggrieved by a decision of the Committee appointed under sub-section (8) may, within a period of one month from the date on which such decision is communicated to him on payment of a fee of Rs. 5 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 the Board, and the Director of Ayurved, Gujarat State. The decision of the appellate authority shall be final. Explanation.—In this sub-section the expression "District Judge" shall Lave the same meaning as is assigned to that expression, in article 236 of the Constitution.

(10) The register shall include the following particulars, namely :— (a) the full name and residential asddress 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, on the day immediately preceding the appointed day, registered in a register kept under any of the laws referred to in sub-section (4), the date of his admission to that register; (c) the qualifications specified in the Schedule possessed by him, if any, and the date on which he obtained each qualification and the authority which conferred or granted it; and (d) such further particulars as may be prescribed.

(11) When the register is prepared in accordance with the foregoing provisions, the Registrar shall publish in the Official Gazette and such newspapers as the Board may select a notice stating that the register containing the names of practitioners entered therein up to the date specified in the notice has been prepared.

(12) (a) Every registered practitioner shall be given a certificate of registration in the prescribed form. He shall display the certificate of registration in a conspicuous place in his dispensary, clinic or place of practice. (b) Such certificate shall be valid only till the name of the registered practitioner is not removed from the register.

(1) As soon as may be after the appointed day, the Registrar shall, in accordance with the provisions of this Act, prepare and maintain thereafter a list of persons not entitled to registration under section 17 or under the Bombay Medical Act, 1912 or the said Act as adapted and applied to the Saurashtra area of the State or any corresponding law for the time being in force in any part of the State but who have been practising any sysem of medicine other than the Homoeopathic system of medicine.

(2) The list shall contain— (a) the name of every person who on the 1st May 1960 continued to be included in the list kept under section 18 of the Bomay Medical Practitioners' Act, 1938 in its application to the Bombay area of the State or the said Act as adapted and applied to the Saurashtra area of the State and whose name is not entered in the register under sub-section (5), (6) or (7) of section 17 ; (b) the name of every person whose case is not covered by clause (a)but who makes an application to the Registrar in the prescribed form accompanied by a fee of Rs. 10 and the prescribed documents within a period of one year from the appointed day, and who proves to the satisfaction of the Committee appointed under sub-section (8) of section 17, that he has been practising regularly any system of medicine (other

Notwithstanding anything contained in sections 17 and 18, no person, whose name has been removed, whether before or after the coming into force of this Act, from any register or list kept under—

(i) the Bombay Medical Practitioners' Act, 1938 as in force in the Bombay area of the State ;

(ii) the Bombay Medical Practitioners' Act, 1938 as adapted and applied to the Saurashtra area of the State; or

(iii) any other law for the time being in force in India or any part thereof regulating the registration of practitioners of medicine,

for infamous conduct in a professional respect shall be entitled to have MB name entered in the register or the list, as the case may be, unless the Board, on sufficient cause being shown, directs his name to be entered therein on such conditions and on payment of such fees as may be prescribed.

(1) If a registered practitioner has been, after due inquiry held by the Board (or a Committee appointed by the Board for that purpose) in the presetibfld manner found guilty of any misconduct by the Board, the Board may—

(a) issue a letter of warning to such practitioner; or

(b) direct the name of such practitioner either to be removed from the register for such period as may be specified in the direction, or to be removed from the register permanently.

Explanation.—For the purposes of this section, "misconduct" shall mean—

(i) a cognizable offence by a registered practitioner which involves moral turpitude, and for which he is convicted by a criminal court, or

(ii) a cognizable offence by a registered practitioner subject to military law, for which he is convicted under the Army Act, 1950, or

(iii) any conduct which, in the opinion of the Board, is infamous in relation to the medical profession, particularly under any code of ethics, if any, prescribed by the Board.

(2) If the name of any such practitioner is entered in—

(a) the register maintained under the Bombay Medical Act, 1912 or any corresponding law for the time being in force in any part of the State; or

(b) the register or list maintained under any law for the time being in force in relation to the qualifications and registration of Homoeopathic practitioners in any part of the State,

it shall be the duty of the Registrar to give intimation of such removal to the authority entitled to maintain the register, or as the case may be, the list.

(3) If the name of a registered practitioner is also entered in the register OP the list, as the case may be, maintained under any of the laws referred to in sub-section (2) and it is removed from such register or list, the Board shall, if such removal comes to its notice, also remove his name from the register under this Act.

(4) The Board may, on sufficient cause being shown, direct at any subsequent date that the name of a practitioner removed under sub-section (1) shall be re-entered in the register on such conditions and on payment of such fees, as may be prescribed.

(5) The Board may, of its own motion, or on the application of any person, after due and proper enquiry and after giving an opportunity to the person concerned, of being heard, cancel or alter any entery in the register if in the opinion of the Board, such entry was fraudulently or incorrectly made.

(6) In holding any inquiry under this section, the Board, or a Committee appointed by the Board, shall have the same powers as are vested in Civil Courts under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters, namely :—

(a) enforcing the attendance of any person, and examining him on oath ;

(b) compelling the production of documents; and

(c) issuing of commissions for the examination of witnesses.

(7) All inquiries under this section shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of Indian Penal Code.

(8) (a) For the purpose of advising the Board or a Committee appointed by it, on any question of law arising in any inquiry under this section, there may, in all such inquiries, be an assessor, who on the date of appointment is—

(i) an Advocate enrolled under the Indian Bar Councils Act, 1926, or the Advocates Act, 1961; or

(ii) an attorney of a High Court,

and has practised as an advocate or attorney for not less than ten years.

(b) In every inquiry under this section, the advice to be tenderd by an assessor to the Board or to the Committee, as the case may be, on any question of law, shall be tendered by him in the presence of the registered practitioner whose misconduct is under inquiry or the person representing him at the inquiry and if the advice is tendered after the Board has begun to deliberate as to its findings, such practitioner or person shall be informed what advice the assessor has tendered. Such practitioner or person shall also be informed if in any case the Board does not accept the advice of the assessor on any such question as aforesaid.

(c) Any assessor under, this section may be appointed either generally, or for any particular inquiry or class of inquiries, and shall be paid such remuneration as may be prescribed.

(9) The provisions of sub-sections (1) to (8) shall apply mutatis mutandis to the practitioners included in the list.

(1) It shall be the duty of the Registrar to keep and maintain the register on, as the case may be, the list correctly, as far as possible, and from time to time to make and revise the entries therein and to issue the certificates of registration or enlistment and renewal slips, in accordance with the provisions of this Act and the rules, and the orders of the Board.

(2) The names of registered practitioners or enlisted practitioners who die or whose names are directed to be removed from the register or list under subsaction (1) or sub-section (9) of section 20 shall be removed therefrom.

(3) Any person whose name is entered in the register and who subsequent to his registration obtains any additional qualification which is specified in the Schedule, or desires any change in his name to be recorded in the register shall, on an application made in this behalf and on payment of such fee as may be prescribed, be entitled to have such qualification or change entered in the register.

(4) For the purpose of this section, the Registrar may at any time enquire of a registered practitioner or enlisted practitioner by writing to him a registered letter at the address which is entered in the register or list whether he has ceased to practise or has changed his residence, and if no answer is received within six months after the delivery of the letter to him, the Registrar may remove the name of such practitioner from the register or list, as the case may be. Such inquiry shall be made at least once not less than one year before the term of office of the members of the Board is due to expire.

(5) A practitioner whose name is removed from the register or the list under sub-section (4) may apply to the Registrar for re-entry of his name in the register or list stating the circumstances in which the letter addressed to him under sub-section (4) could not be replied by him and if after holding an inquiry the Registrar is satisfied that such practitioner has not ceased to practise he shall re-enter his name in the register or the list on payment by the practitioner of the prescribed fees to the Board.

(1) On the expiry of a period of one year from the date of publication of the notice under sub-section (11) of section 17, and every five years thereafter, every registered practitioner, shall be liable to apply to the Registrar and to pay to the Board the prescribed renewal fee for the continuance of his name on the register.

(2) (a) If the renewal fee be paid on or before the due date, the Registrar shall issue to the registered practitioner a renewal slip in the prescribed form specifying the date upto which the validity of the certificate of registration has been extended.

(b) If the renewal fee be not paid by the due date, the Registrar shall remove the name of the defaulting practitioner from the register. On such removal, the certificate of registration issued to the practitioner shall be deemed to have been cancelled :

Provided that, the name so removed may be re-entered in the register on payment of the outstanding renewal fees, and such additional fee as may be prescribed. On receipt of such fees the Registrar shall issue a renewal slip as provided in clause (a).

(3) The provisions of sub-sections (1) and (2) shall apply mutatis mutandis to the practitioners included in the list.

(1) At such time after the publication of the notice under sub-section (11) of section 17 as the Board deems fit, and thereafter at the prescribed intervals, the Registrar shall cause to be printed and publishe a periodical list of all persons for the time being entered in the register and shall also publish such periodical list in the Official Gazette.

(2) Except in a year in which a periodical list is published under sub-section (1), the Registrar shall cause to be printed and published annually on or before the

Fees paid under sections 17, 18, 20, 21 and 22 shall not be refunded.

Notwithstanding anything contained in any law for the time being in force— (i) the expression "legally qualified medical practitioner" or "duly qualified medical practitioner" or any word importing a person recognised by law as a medical practitioner or a member of the medical profession shall, in all Acts of the State Legislature in force in the State, and in all Central Acts (in their application to the State) in so far as such Acts relate to any matters specified in list II or list III in the Seventh Schedule to the Constitution of India include a practitioner whose name is entered in the register under this Act ; (ii) any certificate, required by or under any Act from any medical practitioner or medical officer shall be valid if such certificate has been signed by a registered practitioner ; (iii) it shall be lawful for every registered or enlisted practitioner, to use in full after his name the words "Registered Medical Practitioner", or "Enlisted Medical Practitioner", as the case may be : (iv) every registered practitioner shall be exempt, if he so desires, from serving on an inquest ; (v) a registered practitioner shall be eligible to hold any appointment as a physician, surgeon, or other medical officer in any Ayurvedic or Unani dispensary, hospital, infirmary or lying-in-hospital, supported by, or receiving a grant from the State Government and treating patients according to the Ayurvedic and Unani system of medicine or in any public establishment, body or or institution dealing with such system of medicine.