Chapter III MEDICAL PRACTITIONERS’ MISCELLANEOUS PROVISIONS

(1) No person other than (i) a practitioner registered under Chapter II of this Act or (ii) a practitioner registered under the Karnataka Medical Registration Act, 1961 or the Karnataka Homœopathic Practitioners Act, 1961 or a practitioner whose name is for the time being borne on the Indian Medical Register maintained under the Indian Medical Council Act, 1956 or (iii) a person whose name is entered in the list mentioned in section 18, shall practise or hold himself out, whether directly or by implication, as practising for personal gain any system of medicine, surgery or midwifery. (2) A person shall be deemed to practise any system of medicine within the meaning of sub-section (1) who holds himself out as being able to diagnose, treat, operate or prescribe medicine or other remedy or to give medicine for any human disease, pain, injury, deformity or physical condition or who by any advertisement, demonstration, exhibition or teaching, offers or undertakes, by any means or methods whatsoever to diagnose, treat, operate or prescribe medicine or other remedy or to give medicine for any human disease, pain, injury, deformity or physical condition: Provided that any person who mechanically fits or sells lenses, artificial eyes, limbs or other apparatus or appliances or is engaged in the mechanical examination of eyes for the purpose of construction or adjusting spectacles, eye glasses or lenses or practises physio-therapy, or chiropody or who without personal gain furnishes medical treatment or does domestic administration of family remedies shall not be deemed to practise within the meaning of this section. Explanation.—For the purpose of sub-section (2),- (a) ‘advertisement’ includes any word, letter, notice, circular, picture, illustration, model, sign, placard, board or other document and any announcement made orally or by any means of producing or transmitting light, sound, smoke or other audible or visible representation; and (b) ‘physio-therapy’ means treatment of human disease, pain, injury, deformity or physical condition by massage or other physical means but does not include bone-setting.

Notwithstanding anything contained in any law for the time being in force, no person other than a practitioner registered under Chapter II of this Act or a practitioner registered under the Karnataka Medical Registration Act, 1961, or the Karnataka Homœopathic Practitioners Act, 1961, or a practitioner whose name is for the time being borne on the Indian Medical Register maintained under the Indian Medical Council Act, 1956,— (a) shall sign or authenticate a birth or death certificate required by any law or rules to be signed or authenticated by a duly qualified medical practitioner; (b) shall sign or authenticate a medical or physical fitness certificate required by any law or rule to be signed or authenticated by a duly qualified medical practitioner; or

Any person who act in contravention of the provisions of section 34 and 35 of this Act, shall on conviction, be punished with fine which may extend to rupees twenty five thousand for the first offence, to a fine of rupees two lakhs fifty thousand and imprisonment of one year for the second offence and a fine of rupees five lakhs and imprisonment for a term not exceeding three years for every subsequent offence after the conviction of such person for such subsequent offence.

(1) Notwithstanding anything contained in any law for the time being in force, no person other than a practitioner referred to in section 35 shall couch or attempt to couch or agree or offer by physical means or interference with the eye, to give vision to a person suffering from cataract, with or without that person’s consent. (2) Whoever contravenes the provisions of sub-section (1) or abets the contravention of the said provisions shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both. (3) Any police officer may arrest without warrant any person who is reasonably suspected of having committed an offence punishable under sub-section (2). (4) A magistrate may take cognizance of an offence under this section,— (a) on a report of a police officer; or (b) on the information of any other person; or (c) upon his own knowledge or suspicion that such an offence has been committed: Provided that no cognizance shall be taken where the offence alleged was committed more than six months after the date the offence is said to have been committed.

(1) No person other than a body or institution authorised under section 22 of this Act or under any Central Act or State Act for the time being in force, shall confer, grant or issue or hold himself out as entitled to confer, grant or issue any degree, diploma, certificate or licence which is identical with or is a colourable imitation of any degree, diploma, certificate or licence granted by a body or institution authorised under this Act or under any Central Act or State Act for the time being in force, as the case may be. (2) Whoever contravenes the provisions of this section shall, on conviction, be punished with fine which may extend to Rs. 5,00,000. (3) (i) If the person committing an offence under this section is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that, nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (ii) Notwithstanding anything contained in clause (i), where an offence under this section has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purposes of this sub-section,- (a) “company” means any body corporate and includes a firm or other association of individuals, and (b) “director” in relation to a firm means a partner in the firm.

(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 as his qualification to practise any system of medicine unless,- (a) he actually holds such degree, diploma, licence or certificate; and (b) such degree, diploma, licence or certificate,- (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 37, or (iii)in cases not falling under sub-clause (i) or (ii), has been conferred, granted or issued by an authority empowered or recognised as competent by the State Government to confer, grant or issue such degree, diploma, licence or certificate. (2) Whoever contravenes the provisions of sub-section (1), shall on conviction, be punished in the case of a first conviction with fine which may extend to Rs. 50,000 and in the case of subsequent conviction, with fine which may extend to Rs. 5,00,000.

Nothing in sections 34 and 36 shall apply to any person,- (a) who limits his practice to the art of dentistry, or (b) who being a nurse, midwife or health visitor registered under any Central Act or State Act, or a dai, attends on a case of labour, or renders such other services as are required of her in the course of such work.

(1) No court other than the court of a magistrate of the first class shall take cognizance of, or try, an offence under this Act. (2) No court shall take cognizance of any offence under this Act except on a complaint in writing of an officer empowered by the State Government in this behalf.

No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is in good faith done or intended to be done under this Act, rules or regulations.

No act done in the exercise of any power conferred by or under this Act on the State Government or the Board or the Registrar shall be questioned in any civil court.