Chapter II 1[x x x]1 SYSTEMS OF MEDICINE

If any of the members is not elected under section 3, the State Government may nominate such registered practitioners as it deems fit and the practitioners so nominated shall, for the purpose of this Chapter, be deemed to have been duly elected under section 3.

(1) The election of practitioners entitled to be the members of the Board under clause (b) of sub-section (3) of section 3, shall be held in such manner as may be prescribed. (2) The election under clause (b) of sub-section (3) of section 3 shall be held according to the distributive system of voting. Explanation.—Distributive system of voting means a system of voting in which every voter shall be entitled to give as many votes as there are seats to be filled: Provided that no voter shall give more than one vote to any one candidate: Provided further that no voting paper shall be deemed to be valid unless the voter has recorded all the votes which he is entitled to give.

(1) Save as otherwise provided by this Chapter, the term of office of elected and nominated members shall be for a period of five years commencing from the date from which the first meeting of the Board is held after the members are elected under sub-section (3) of section 3; Provided that the term of office of members appointed to the Board constituted immediately after this Chapter comes into force and the members elected for the first time and nominated under sub-section (3) of section (3) shall be for a period of four years from the date on which the first meeting of such Board is held. (2) Where the term of office of the members has expired, and a new Board has not for any reason been constituted, the State Government may, by order appoint an Administrator for such Board for such period as may be specified in the order, who shall exercise all the powers and discharge all the duties conferred and imposed on the Board by or under this Act or any other law. (3) An outgoing member shall be eligible for re-nomination or re-election. (4) Any member may at any time resign his office by letter addressed to the President.

When a vacancy occurs in the office of a member of the Board through death, resignation, removal or disability of such member or otherwise, previous to the expiry of the period of his office, the vacancy shall be filled by election or nomination, as the case may be, in accordance with the provisions of section 3. Any person nominated or elected to fill the vacancy shall, notwithstanding anything contained in section 6, hold office only so long as the member in whose place he is nominated or elected would have held office if the vacancy had not occurred.

(1) No disqualification, or defect in the election or nomination, of any person acting as a member of the Board or as the President or presiding authority of a meeting shall be deemed to vitiate any act or proceeding of the Board, in which such person has taken part. (2) No act done by the Board shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Board.

A person shall be disqualified for being chosen as, and for being, a member of the Board,- (a) if he has been sentenced by a criminal court for an offence involving moral turpitude and punishable with imprisonment for a term exceeding three months, such sentence not having been subsequently reversed, quashed or remitted, unless he has by order, which the State Government is hereby empowered to make in this behalf, been relieved from the disqualification arising on account of such sentence; (b) if he is an undischarged insolvent; (c) if he is of unsound mind and stands so declared by a competent court; (d) if he is a whole-time officer or servant of the Board.

If any member, during the period for which he has been nominated or elected,- (a) absents himself, without excuse sufficient in the opinion of the State Government, from three consecutive ordinary meetings of the Board, or (b) in the case of a member elected under clause (b) of sub-section (3) of section 3, ceases to be a registered practitioner, or (c) becomes subject to any of the disqualifications mentioned in section 9; - the State Government shall declare his office to be vacant.

The Board shall meet at such time and place and every meeting of the Board shall be summoned in such manner as may be prescribed by regulations: Provided that until such regulations are made it shall be lawful for the President to summon a meeting of the Board at such time and place as he may deem expedient by letter addressed to each member.

(1) The President shall preside at every meeting of the Board. In the absence of the President the members present shall elect one of them to preside. (2) All questions at a meeting of the Board shall be decided by the votes of the majority of the members present in the meeting. Seven members of the Board shall form a quorum. (3) At every meeting of the Board, the President for the time being shall, in addition to his vote as a member of the Board, have a second or casting vote in case of an equality of votes.

The Board shall also exercise such other powers and perform such other functions as may be prescribed by or under this Act, or as the State Government may direct, for carrying out the purposes of this Act.

(1) The Board shall, with the previous approval of the State Government, appoint a Registrar. The Registrar shall receive such salary and allowances and shall be subject to such conditions of service as may be prescribed. The Board may from time to time grant him leave and may appoint a person to act in his place. Any person duly appointed to act as Registrar shall be deemed to be the Registrar for all the purposes of this Act: Provided that where the period of leave to be granted to the Registrar does not exceed one month, the President may grant such leave. (2) The Board may appoint such other officers and servants as may be necessary for the purposes of this Act: Provided that the number and designations of such officers and servants, and their salaries and allowances shall be subject to the previous approval of the State Government. (3) The Registrar and 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.

proviso to this sub-section shall pay to the Board on or before the thirty-first day of December of the year, succeeding the year in which his name is entered in the register or list, and of every year thereafter a prescribed renewal fee for the continuance of his name on the register or list, as the case may be. Provided that a Medical Practitioner registered under this Act, before the commencement of the Karnataka Ayurvedic and Unani Practitioners’ Registration and Medical Practitioners’ Miscellaneous Provisions (Amendment) Act, 1991, may pay a renewal fee of rupees two hundred for the continuance of his name on the register or list, as the case may be’ for life time. (2) If the renewal fee is not paid before the due date, the Registrar shall remove the name of the defaulter from the register or list, as the case may be: Provided that the name so removed may be re-entered in the register or list on payment of the renewal fee in such manner and subject to such conditions, as may be prescribed.

(1) Every person who has passed a qualifying examination may apply to the Registrar giving a correct description of his qualifications with the dates on which they were granted and present his degree, diploma or licence along with a prescribed fee for being registered for life time under this Act. The Registrar shall, if satisfied that the applicant is entitled to be registered enter his name in the register:

Provided that the Registrar shall on application and on payment of a fee of two rupees enter in the register the names of the medical practitioners registered under the Bombay Medical Practitioners Act, 1938 (Bombay Act XXVI of 1938), as in force in the Belgaum area or under the Medical Act, 1312F (Hyderabad Act I of 1312F) as in force in the Gulbarga area, or the names of medical practitioners entered prior to the first day of November, 1956, in the register maintained by the Central Board of Indian Medicine under the rules for the registration of practitioners of Indian Medicine issued by the Government of Madras in Government Order No. 231—PH, dated the 1st February, 1933.

(2) Notwithstanding anything contained in sub-section (1) every person who, before the expiry of the 31st day of December 1981, produces such proof as may be prescribed, to prove to the satisfaction of the Registrar that he has been in regular practice in the State of Karnataka as a practitioner for a period of not less than ten years preceding the date on which this Chapter comes into force and that he has completed twenty-five years of age on the said date for being registered as a practitioner under this Chapter shall be entitled to have his name entered in the Register on payment of a fee of fifteen rupees:

Provided that any person whose name has been removed from the Register kept under any Central Act or State Act or from the Register of any country where he was practising, for infamous conduct in a professional respect shall not be entitled to have his name entered in the register except with the previous approval of the State Government and the Board.

(2A) Notwithstanding anything contained in sub-sections (1) and (2), but subject to the proviso to sub-section (2), every person who within a period of one year from the date of commencement of the Amendment Act, produces such proof, as may be prescribed, to prove to the satisfaction of the Registrar that he has been in the regular practice in the State of Karnataka, as a Practitioner of Naturopathy System of treatment, Siddha System of Medicine and Yoga System of treatment for a period of not less than ten years preceding the date on which the amendment Act comes into force and that he has completed thirty-five years of age on the said date for being registered as a practitioner under this Chapter, shall be entitled to have his name entered in the Register on payment of fee specified in sub-section (1).

(2B) Persons who acquire the prescribed qualification after the commencement of the Karnataka Ayurvedic, Naturopathy, Siddha, Unani and Yoga Practitioners' Registration and Medical Practitioners Miscellaneous provisions (Amendment) Act, 2016 may apply to the Registrar for provisional registration along with such fee not less than rupees five hundred in such manner and subject to such conditions as may be prescribed.

(2C) The Registered Medical Practitioner may apply to the Registrar for issue of duplicate identity card on payment of such fee, not less than of rupees five hundred, in such manner and subject to such conditions, as may be prescribed.

(2D) Every Ayurvedic, Naturopathy, Sidda, Unani and Yoga Practitioner registered under any law for the time being in force in any State other than Karnataka, intending to practice in the State may apply for supplementary registration with such fee, not less than of rupees five thousand and five hundred, in such manner and subject to such terms and conditions, as may be prescribed.

(2E) The practitioners specified under sub-section (1) and (2D) who are willing to incorporate Post Graduate degree or diploma or any other higher qualification may include such qualification in the register in such manner on payment of such fee, not less than rupees three thousand, as may be prescribed.

(3) If a practitioner has been after due inquiry by the Board found guilty of any misconduct, the Board may,- (a) issue a letter of warning addressed to such practitioner, or (b) direct the name of such practitioner,- (i) to be removed from the register for such period as may be specified in the direction, or (ii) to be removed from the register without specifying the period of such removal.

Explanation.—For the purposes of this sub-section “misconduct” shall mean— (a) the conviction of the practitioner by a criminal court for an offence which involves moral turpitude and which is cognizable as defined in the Code of Criminal Procedure 1898 (Central Act V of 1898), or any other law for the time being in force; (b) any conduct which, in the opinion of the Board, is infamous in any professional respect.

The Board may, on sufficient cause being shown, and with the approval of the State Government, direct that the name of the practitioner so removed shall be re-entered in the register.

(4) Any person aggrieved by any order of the Board removing the name of a person from the register under sub-section (3) may within ninety days from the date of communication of the order to the person concerned, appeal to the State Government.

(1) Any person aggrieved by the decision of the Registrar regarding the registration of any person or any entry in the register may appeal to the Board.

(2) Such appeal shall be filed and shall be heard and decided by the Board in the prescribed manner.

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

(4) Any person aggrieved by any order of the Board under sub-section (3) may, within ninety days from the date of communication of the order to the person concerned, appeal to the State Government.

(1) The Registrar shall also prepare in accordance with the provisions of sub-sections (2) and (2A) a list of persons entitled to have their names entered under the said sub-sections in a list called a list of persons in practice on the date of commencement of this Chapter.

(2) Subject to the provisions of sub-section (3), every person not being a person qualified for registration under this Act who, before the expiry of the 31st day of December 1981, proves to the satisfaction of the Registrar that he has been in regular practice in the State of Karnataka for at least five years prior to the commencement of this Chapter in the Ayurvedic or Unani system of medicine, or any of their branches, and that he has completed twenty years of age on the date of commencement of this Chapter shall be entitled to have his name entered in the aforesaid list on payment of ten rupees:

Provided that any person whose name has been removed from the Register kept under any Central Act or State Act or from the register of any country where he was formerly practising, for infamous conduct in a professional respect, shall not be entitled to have his name entered in the list.

(2A) Subject to the provision to sub-section (2) and the provisions of sub-section (3), every person not being qualified for registration under this Act, within a period of one year from the date of commencement of the Amendment Act, proves to the satisfaction of the Registrar that he has been in regular practice in the State of Karnataka for at least five years prior to the commencement of the Amendment Act in the Naturopathy System of treatment, Siddha System of Medicine or Yoga System of treatment or any of their branches, and that he has completed thirty-years of age on the date of commencement of the Amendment Act, shall be entitled to have his name entered in the aforesaid list, on payment of one hundred rupees.

(3) Every person whose name is entered in the list under sub-sections (2) and (2A) shall, within a period of five years from the date of entry in the list pass an examination conducted by the Board for the purpose and the names of persons who do not pass such examination shall be removed from such list.

(4) The provisions of sub-sections (3) and (4) of section 15, sub-sections (3) and (4) of section 16 and section 17 shall mutatis mutandis apply to the list maintained under this section.

(1) Notwithstanding anything contained in section 16 or 18, each medical practitioner other than a Medical Practitioner whose name is entered in the Register under sub-section (1) of section 16 or continued in the register or list under the

Notwithstanding anything contained in any law for the time being in force,- (1) the expression ‘legally qualified medical practitioner’ or ‘duly qualified medical practitioner’ or any word or expression importing a reference to a person recognised by law as a medical practitioner or member of the medical profession shall, in all laws in force in the State of Karnataka in so far as such laws relate to any of the matters specified in List II or List III of the Seventh Schedule to the Constitution of India, be deemed to include a registered practitioner; (2) a certificate required by any Act from any medical practitioner or medical officer shall be valid, if such certificate has been signed by a registered practitioner; (3) a registered practitioner shall be eligible to hold an appointment as a medical officer in any medical institution of any system of medicine in which he is registered; (4) a registered practitioner may possess and prescribe the poisonous drugs of the system or systems of medicine to which he belongs.

(1) Save as otherwise provided in section 16 and subject to the provisions of sections 23 and 25 on and after the expiry of the 31st day of December, 1981, the name of any person shall not be entered in the register as a registered practitioner, unless he has passed a qualifying examination as specified in the Schedule to this Act. (1A) Notwithstanding anything contained in sub-section (1) and save as otherwise provided in section 16 and subject to the provisions of sections 23 and 25, after the expiry of one year from the commencement of the Amendment Act, the name of any person shall not be entered in the register as a Registered Practitioner in Naturopathic System of treatment or Siddha System of Medicine or Yoga System of treatment, unless he has passed a qualifying examination, as specified in the Schedule to this Act. (2) The State Government, after consultation with the Board, may, by notification, amend the Schedule in such manner as it deems fit, and when any examination is added to the Schedule, the State Government may declare that it shall be a qualifying examination only when granted after a specified date. 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) Any institution applying for recognition under this Act for the purpose of giving instructions in any system of medicine and for holding qualifying examinations shall send an application to the Registrar and shall give full information in respect of the following matters, namely:— (a) the constitution and personnel of the managing body; (b) subjects and courses in which it gives or proposes to give instructions; (c) accommodation, equipment and the number of students for whom provision has been or is proposed to be made; (d) the strength of the staff, their salaries, qualifications and the research work done by them; (e) fees levied or proposed to be levied and the financial provision made for capital expenditure on buildings and equipment and for the continued maintenance and efficient working of the institution. (2) The Registrar shall place the application before the Board and the Board may direct the Registrar to call for any further information which it may deem necessary. The Board may also direct a local inquiry to be made by a competent person or persons authorised by it in this behalf. (3) After recording the report of such local inquiry and after making such further inquiry as may be necessary, the Board shall forward the application together with its report to the State Government stating its opinion whether the recognition asked for should or should not be granted. The State Government may thereupon grant or refuse the recognition or, may grant it subject to such conditions as it deems fit, and the decision of the State Government shall be final.

(1) The Board shall, by regulations, prescribe the course of training and qualifying examinations including the course of training and examinations prior to qualifying examinations. Such regulations may provide that instruction and examination shall, as far as possible, be given or held in such languages as may be specified in such regulations. (2) A qualifying examination shall be an examination in any system of medicine held for the purpose of granting a diploma conferring the right of registration under this Chapter by any of the institutions which on the recommendation of the Board may be specified by the State Government by a notification as being authorised to hold a qualifying examination. (3) It shall be the duty of the Board to secure the maintenance of an adequate standard of proficiency for the practice of the systems of medicine. For the purpose of securing such standard, the Board shall have authority to call on the governing body or authorities of any institution giving instruction in the systems of medicine and on any examining body authorised by or desirous of being authorised under sub-section (2),- (a) to furnish such particulars as the Board shall require of any course of study prescribed by regulations or examinations held by such body or authority or in such school or college with reference to the grant of any qualification; (b) and to permit Inspectors appointed by the Board to attend and be present at all or any of the qualifying or prior examinations. (4) The Inspectors shall not interfere with the conduct of any examination but it shall be their duty to report to the Board their opinion as to the sufficiency or insufficiency of every examination which they attend and any other matters in relation to such examinations on which the Board may require them to report. (5) Every qualifying examination and every prior examination leading up to it held by the bodies or institution authorised under this section shall be inspected by the Inspectors at least once in three years and more frequently if the Board so directs. (6) The Board shall forward a copy of every such report to the body which held the examination in respect of which the said report was made and shall also forward a copy of such report together with any observations made thereon by the said body to the State Government. (7) An Inspector shall receive such remuneration to be paid as part of the expenses of the Board, as the Board, with the previous sanction of the State Government, may determine.

(1) The Board may appoint such number of visitors as it may deem requisite to attend at any or all of the qualifying examinations held by any institution. (2) Any person, whether he is a member of the Board or not may be appointed as a visitor under this section but a person who is appointed as an inspector under section 23 for any examination shall not be appointed as a visitor for the same examination. (3) Visitors appointed under this section shall not interfere with the conduct of any examination but they shall report to the President of the Board on the efficiency of every examination which they attend and on any other matters in regard to which the Board may require them to report. (4) The report of a visitor shall be treated as confidential unless in any particular case the President of the Board otherwise directs: Provided that if the State Government requires a copy of the report by a visitor, the Board shall furnish the same.

(1) When upon a report by the Board or by a visitor appointed under section 24, it appears to the State Government that the course of study and examination prescribed by any institution for passing any qualifying examination or that the standards of proficiency required from candidates at any qualifying examination are not such as to secure to persons passing such examination, the knowledge and skill requisite for the efficient practice of the system of medicine concerned, the State Government shall forward such report along with such remarks as it may choose to make, to the institution concerned with the intimation of the period within which such institution may submit its explanation to the State Government. (2) On the receipt of the explanation or where no explanation is submitted within the period fixed, then on the expiry of that period, the State Government, after making such further inquiry, if any, as it may think fit, may, by notification, direct that an entry shall be made in the schedule against the said examination that it shall be a qualifying examination only when granted before a specified date.

Notwithstanding anything contained in any other law for the time being in force, every registered practitioner shall be exempt, if he so desires, from serving on any inquest or as a juror under the Code of Criminal Procedure, 1898 (Central Act V of 1898).

There shall be paid to the members of the Board such fees and allowances for attendance and such reasonable travelling allowances as shall, from time to time, be prescribed.

(1) The income of the Board shall consist of,- (a) fees received under this Chapter; (b) grants received from the Government; (c) donations and other sums received by the Board. (2) The expenses of the Board shall include the salaries and allowances of the Registrar, the staff appointed by the Board including Inspectors, fee and allowances paid to members of the Board and such other expenses as are necessary for carrying out the purposes of this Act.

(1) The Registrar shall every year on or before the 30th day of June publish in the official Gazette a correct list of the names and qualifications of all practitioners entered in the register on the first day of January of that year. (2) A copy of the list published under sub-section (1) shall be evidence in all courts and in all judicial or quasi-judicial proceedings that the persons therein specified are registered according to the provisions of this Act and the absence of the name of any person from such copy shall be evidence, until the contrary is proved, that such person is not registered according to the provisions of this Act: Provided that in the case of any person whose name does not appear in such copy, a certified copy, under the hand of the Registrar of the entry of the name of such person on the register shall be evidence that such person is registered under the provisions of this Act.

(1) The State Government may, after previous publication, by notification make rules to carry out all or any of the purposes of this Chapter. (2) In particular and without prejudice to the generality of the foregoing power, the State Government may make rules for any of the following matters:— (a) the manner in which the election of the President shall be held under sub-section (5) of section 3; (b) the manner in which elections shall be held under section 5; (c) the manner in which the meetings of the Board shall be convened and held; (d) the salary, allowances and other conditions of service of the Registrar under section 14; (e) the form of the register and the particulars to be entered therein under section 15; (f) fees chargeable under sub-section (4) of section 15 for making entries in the register; (g) the manner in which appeals against the decision of the Registrar shall be heard by the Board under section 17; (h) fees for applications and registration under section 16 and renewal under section 19; (i) the manner in which and the conditions subject to which the name of a practitioner can be re-entered in the register or list on payment of renewal fee under section 19; (j) fees and other allowances payable to members of the Board under section 27; (k) the furtherance of any of the objects of the Board. (2A) Any rule under this Act may be made to have effect retrospectively and when any such rule is made a statement specifying the reasons for making such a rule shall be laid before both Houses of the State Legislature along with the rule under sub-section (3). All rules made under this Act shall, subject to any modification made under sub-section (3), have effect as if enacted in this Act. (3) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(1) The Board may, with the previous sanction of the State Government, by notification, make regulations not inconsistent with this Chapter or the rules, for any of the following matters, namely:— (a) the time and place at which the Board shall hold its meetings under section 11; (b) the salary, allowance and other conditions of service of officers and servants of the Board other than the Registrar, under section 14; (c) all other matters which may be necessary for the purposes of carrying out the objects of this Chapter. (2) It shall be lawful for the State Government by notification to cancel or alter any regulation made under this Act.

(1) If at any time it shall appear to the State Government that the Board has failed to exercise, or has exceeded or abused any of the powers conferred upon it by or under this Act, or has failed to perform any of the duties imposed upon it by or under this Act, the State Government may, if it considers such failure, excess or abuse to be of a serious character, notify the particulars thereof to the Board, and if the Board fails to remedy such default, excess or abuse, within such time as the State Government may fix in this behalf, the State Government may dissolve the Board, and cause all or any of the powers and duties of the Board to be exercised and performed by such person and for such period as it may think fit, and thereupon the funds and property of the Board shall vest in the State Government for the purpose of this Act until a new Board shall have been constituted under section 3. (2) When the State Government has dissolved the Board under sub-section (1), it shall take steps as soon as may be convenient to constitute a new Board under section 3 and thereupon the property and funds referred to in sub-section (1) shall revest in the Board so constituted. (3) Notwithstanding anything contained in this Act, rules or regulations, if, at any time, it shall appear to the State Government that the Board or any other authority empowered to exercise any of the powers or to perform any of the functions under this Act, has not been validly constituted, or appointed the State Government may cause any of such powers or functions to be exercised or performed by such person in such manner and for such period not exceeding six months and subject to such conditions as it thinks fit.

(1) The Medical Act, 1312 Fasli (Hyderabad Act I of 1312 F), as in force in the Gulbarga area, and the Bombay Medical Registration Act, 1938 are hereby repealed. (2) If any difficulty arises in giving effect to the provisions of this Act in consequence of the transition to the said provisions from the provisions of the Acts in force immediately before the commencement of this Act, the State Government, may, by notification, make such provisions as appear to it to be necessary or expedient for removing the difficulty.