Chapter V GENERAL PROVISIONS APPLICABLE TO ALL MEDICAL

(1) Save as otherwise expressly provided in any special law for the time being in force, no person other than a medical practitioner whose name is entered in— (i) the register or the list maintained under this Act; (ii) the register or the list prepared and 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, or (iii) the register prepared and maintained under the Bombay Medical Act, 1912, the said Act as adapted and applied to the Saurashtra area of the State or any other corresponding law for the time being in force in any part of the State; or (iv) the Indian Medical Register prepared and maintained under the Indian Medical Council Act, 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 prescried, the provisions of this section shall not apply to any class of persons, or to any area, as may be specified in such notification. (2) Any person who acts in contravention of the provisions of sub-section (1) shall, on conviction, be punished— (i) for a first offence with fine which may extend to five hundred rupees ; (ii) for a second offence, with imprisonment for a term which may extend to six months and with fine which may extend to five hundred rupees; and (iii) for every subsequent offence, with imprisonment for a term which may extend to two years and with fine which extend may to two thousand rupees.

(1) Notwithstanding anything contained in any law for the time being in force, a birth or a death certificate, or a medical or fitness certificate, or any other certificate required by any law to be signed or authenticated by a duly qualified practitioner, shall be valid only if it has been signed or authenticated by a practitioner registered under— (i) this Act ; (ii) the Bombay Medical Act, 1912, or the said Act as adapted and applied to the Saurashtra area of the State or any other corresponding law for the time being in force in any part of the State ; (iii) any law for the time being in force in relation to the qualifications and registration of Homoeopathic practitioners in any part of the State; or (iv) the Indian Medical Council Act, 1956. (2) No person other than a practitioner registered under any of the laws specified in sub-section (1) shall be qualified to give evidence at any inquest or in any Court of law as an expert under section 45 of the Indian Evidence Act 1872 on any matter relating to medicine, surgery or midwifery.

(1) Save as otherwise expressly provided in any special law for the time being in force, no person other than- (a) a university established by law, (b) x x x (c) an authority specified or notified under the Indian Medical Degrees Act, 1916, (d) an authority authorised 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, or (e) an authority empowered or recognised as competent, by the State Government, to confer, grant or issue any degree, diploma, licence, certificate or any other like award, shall confer, grant or issue or hold himself out as entitled to confer, grant or issue any degree, diploma, licence, certificate or any other like award. (i) which states or implies that the holder, grantee or recipient thereof is qualified to practise any system of medicine, or (ii) which is identical with, or is a colourable imitation of, any degree, diploma, licence, certificate or award granted by a body or institution specified in clause (a), (b), (c), (d) or (e) of this sub-section. (2) Any person who contravenes the provisions of sub-section (1), and where any such contravention is committed by an association, every member of such association who knowingly or wilfully authorises or permits the contravention, shall, on conviction, be punished - (i) for a first offence, with fine which may extend to one thousand rupees;

(1) No person shall add to his name any title, description, letters or abbreviations which imply that he holds a degree, diploma, licence, or certificate or any other like award as his qualification to practise any system of medicine, unless, (a) he actually holds such degree, diploma, licence or certificate or any other like award, and (b) such degree, diploma, licence or certificate or any other like award, (i) is recognised by any law for the time being in force in India or in any part thereof, or (ii) has been conferred, granted or issued by a body or institution referred to in sub-section (1) of section 32, or (iii) has been recognised by the Medical Council of India. (2) Any person who contravenes the provisions of sub-section (1) shall, subject to the provisions of any special law for the time being in force, be punished, on conviction, (i) for a first offence, with fine which may extend to five hundred rupees; (ii) for a subsequent offence, with imprisonment for a term which may extend to six months ,or with fine which may extend to one thousand rupees OB with both.

Notwithstanding anything contained in this Chapter a person may, subject to the payment of such fees as may be prescribed, practise any system of medicine other than Homoeopathy in any rural area- (a) if he has commenced practice in that system in any village in the said area prior to a date on which a practitioner registered under the Bombay Medical Act, 1912 or under the Bombay Medical Practitioners' Act, 1938 (or any law corresponding thereto) for the time being in force, has commenced, and is in regular practice in, medicine in that village, and (b) so long as he continues to so practise in that village as his principal place of practice. Explanation 1.—For the purposes of this section "rural area" means any local area, which was not within the limits of a municipal corporation, [municipal borough, municipal district, cantonment or notified area :— (i) on the first day of March, 1939, if such local area forms part of the Bombay area of the State ; (ii) on the first day of March,1951, if such local area forms part of the Saurashtra area of the State; or (iii) on the 31st day of July 1949, if such local area forms part of the Kutch area of the State. Explanation 2.—The term "notified area" in Explanation 1 means a notified area declared under the Bombay District Municipal Act, 1901 or the said Act as adapted and applied to Saurashtra area of the State.

All offences under this Act shall be cognizable.

No suit, prosecution or other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under this Act, or under the rules or by-laws made thereunder.