Chapter IV REGISTRATION

(1) The State Government shall, as soon as may be, cause to be prepared a register of homœopathic practitioners for the State.

(2) The register shall include the following particulars, namely:—

(a) the full name, nationality and residential address of the registered practitioner;

(b) the date of his first admission to the register;

(c) the qualification for registration and the date on which he obtained his degree or diploma in homœopathy, if any, and the authority which conferred or granted it;

(d) his professional address; and

(e) such further particulars as may be prescribed.

(3) The register shall be divided into three parts as follows:—

(i) Part A.—This part shall include,-

(a)persons who have been engaged in the practice of the homœopathic system of medicine for a period of not less than ten years immediately before the date of the coming into force of this Chapter as the principal occupation;

(1) For the purpose of the preparation of the first register, the State Government may by notification constitute a Registration Tribunal constituting of three persons out of whom two shall be persons who are entitled to have their names entered in the register, and shall appoint a Secretary of the Tribunal. (2) The State Government, by notification, shall appoint a date on or before which application for registration shall be made to the Registration Tribunal. Such application shall be accompanied by a fee of Rs. 30. (3) The Registration Tribunal shall examine every application received on or before the appointed date, and after making inquiry in the prescribed manner if it is satisfied that the applicant is qualified for registration under section 17 shall direct the entry of the name of the applicant in the register in the Part in which he is entitled to have his name entered. (4) The register so prepared shall thereafter be published in such manner as the State Government may direct, and any person aggrieved by a decision of the Registration Tribunal, express or implied in the register as so published may within thirty days from the date of the publication of the register and after payment of a fee of five rupees appeal to the State Government. (5) The Secretary shall amend the register in accordance with the decision of the State Government under sub-section (4) and shall thereupon issue to every practitioner whose name is entered in the register a certificate of registration in the prescribed form.

(1) Upon the constitution of the Board for the first time after the commencement of this Act, the register shall be given into its custody and the State Government may direct that all or any specified part of the application fees for registration in the first register shall be paid to the credit of the Board. The State Government shall publish in the official Gazette, the date on which the register is given to the custody of the Board. (2) It shall be the duty of the Board to maintain and revise the register in accordance with the provisions of this Act and the rules.

After the constitution of the Board referred to in sub-section (1) of section 19, a person shall on payment of such fee as may be prescribed for life time membership be entitled to have his name entered in the register, only if he possesses any of the qualifications specified in the Schedule.

The name of any practitioner shall not be entered either in the first register or a register maintained under section 19, unless he gives an undertaking in writing that he shall not use any degree, diploma or licence which is identical with or is a colourable imitation of any degree, diploma or licence granted by a body or institution authorised under the Indian Medical Degrees Act, 1916, or the Indian Medical Council Act, 1956. It shall be lawful for such persons to use after his name the words “Registered Practitioner of Homœopathy” in full to indicate that his name has been entered in the register.

(1) It shall be the duty of the Registrar to make entries in the Register, from time to time to revise the same and to issue the certificates of registration in accordance with the provisions of this Act, the rules, and the orders of the Board. (2) The names of registered practitioners who die or whose names are directed to be removed from the register under section 23, shall be removed therefrom. (3) The Board may direct that any alteration in the entries as respects additional qualifications shall not be made except on payment of such fee as may be prescribed.

(1) 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, 1898 (Central Act V of 1898) or any other law for the time being in force, which discloses such defect of moral character as is, in the opinion of the Board, sufficient to make him unfit to practice his profession or who after due inquiry 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. On such removal, the certificate of registration issued to the practitioner shall be deemed to have been cancelled. 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. (2) Any person aggrieved by an order of the Board under sub-section (1) directing the removal of his name from the register may within ninety days from the date of communication of the order, appeal to the State Government and the State Government may pass such order thereon as it deems fit. (3) If the name of the practitioner is entered in a Register maintained under the Karnataka Medical Registration Act, 1961, or the Karnataka Ayurvedic and Unani Practitioners Registration and Medical Practitioners’ Miscellaneous Provisions Act, 1961, it shall be the duty of the Board to give intimation of such removal to the authority entitled to maintain the said registers.

(1) Notwithstanding anything contained in section 18 or 20, each Homoeopathic Practitioner other than a Homoeopathic Practitioner whose name is entered in the register under section 18 or continued in the register shall pay to the Board on or before the thirty first day of December of every year and in succeeding year in which his name is entered in the register and every year thereafter a prescribed renewal fee for the continuance of his name on the register: Provided that a Homoeopathic Practitioner registered under this Act, before the commencement of the life time registration may pay such amount as renewal fee, as may be prescribed, for the continuance of his name on the register 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. 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 renewal fee in such manner and subject to such conditions as may be prescribed and a new certificate of registration may be re-issued.

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 member of medical profession shall in all Acts of Legislature in the State of Karnataka and in all Central Acts in their application to the State of Karnataka in so far as such Acts relate to any matters specified in List II or List III of the Seventh Schedule to the Constitution, include a practitioner whose name is entered in Part A or Part B of the Register. (ii) a certificate required by any Act from any medical practitioner or medical officer shall be valid, if such certificate has been signed by a practitioner whose name is entered in Part A or Part B of the register; (iii) a practitioner whose name is entered in Part A or Part B of the register shall be eligible to treat patients according to the Homœopathic system of medicine or to hold any appointment as a physician or other medical officer in any homœopathic dispensary, hospital or infirmary supported by or receiving a grant from the State Government and treating patients according to the homœopathic system of medicine or in any public establishment, body or institution dealing with such system of medicine; (iv) a practitioner whose name is entered in Part A of the register may possess and prescribe the drugs relating to the homœopathic system of medicine only.

Every Registrar of Deaths on receiving notice of the death of a registered practitioner shall forthwith transmit by post to the Registrar a certificate under his own hand of such death with the particulars of time and place of death and may charge the cost of such certificate and transmission as an expenditure of his office.