The Maharashtra Acupuncture System of Therapy Act, 2015
Chapter IV PREPARATION AND MAINTENANCE OF REGISTER
General201541 sections6 chapters
Chapter IV PREPARATION AND MAINTENANCE OF REGISTER
19. Preparation of Register.
Statutory text
- (1) The Council shall maintain a register of Acupuncture practitioners and Acupuncture personnel in such form as may be prescribed.
- (2) The Registrar shall, from time to time, make necessary entries in the register in respect of the persons whose names are to be registered, their qualifications and their addresses and may also, from time to time, make such alterations and modifications therein as may be required in consequences of any orders passed by the Council.
Chapter IV PREPARATION AND MAINTENANCE OF REGISTER
20. Persons entitled to be registered.
Statutory text
- (1) As soon as may be after the day on which this Act comes into force, the Registrar shall prepare and maintain thereafter a Register of Acupuncture practitioners and Acupuncture personnel.
- (2) The register shall be divided into three parts namely Part A, Part B and Part C. Part A and Part B shall consist of the names of and other information about Acupuncture practitioners and Part C shall consist of the names of and other information about Acupuncture personnel.
- (3) Every person who,-
- (a) possesses a degree or diploma in Acupuncture awarded by a statutory University in India and whose name is entered in a State Register of Acupuncture practitioners on the day on which this Act comes into force ; or
- (b) possesses a degree in Acupuncture awarded by the Maharashtra University of Health Sciences ; or
- (c) is a register medical practitioner and possesses a diploma awarded by the Council ; or
- (d) is a registered medical practitioner and possesses any recognized Acupuncture qualification; shall be entitled to have his name registered in Part A of the register maintained under this Act.
- (4) Every person who,-
- (a) possesses a diploma in Acupuncture awarded by any statutory State Council or University in India and whose name is entered in the State Register of Acupuncture practitioners maintained by that respective Council on the day on which this Act comes into force ; or
- (b) possesses a diploma awarded by the Council ; or
- (c) has been conferred an honorary diploma by the Council ; or
- (d) who possesses any qualification awarded by an institution within or outside India and which is a recognized Acupuncture qualification, but whose name is not entered in any State Register of Acupuncture practitioners ; or
- (e) has qualified the Eligibility Test held or caused to be held by the Council for registration as Acupuncture practitioner ; shall be entitled to have his name registered in Part B of the Register maintained under this Act.
- (5) Every person who,-
- (a) has qualified the Eligibility Test held or caused to be held by the Council for registration as Acupuncture personnel ;
- (b) possesses a diploma or a certificate in Acupuncture awarded by the Council; shall be entitled to have his name registered in Part C of the register maintained under this Act.
Chapter IV PREPARATION AND MAINTENANCE OF REGISTER
21. Application for registration.
Statutory text
- (1) Every person who desires to have his name entered in the register shall submit to the Registrar an application in the prescribed form in the prescribed manner.
- (2) The Council may, on being satisfied that a person is qualified for registration under section 20, direct that his name be entered in the register, and the Registrar shall thereupon make necessary entries in the register and grant him a certificate of registration.
Chapter IV PREPARATION AND MAINTENANCE OF REGISTER
22. Power of Council to refuse registration or to remove name from Register in certain cases.
Statutory text
- (1) The Council may refuse to permit the registration, or direct the removal from the register, of the name of any person,-
- (a) who has been convicted of an offence involving moral turpitude ; or
- (b) who has been found guilty of infamous conduct in his professional capacity by a majority of at least two-thirds of the Members of the Council after a due enquiry into his conduct : Provided that, no such refusal or removal shall be made without affording such person a reasonable opportunity of being heard : Provided further that, any refusal or removal under this sub-section may be rescinded by the Council, if the conduct on the basis of which refusal or removal was directed is condoned by it for good and sufficient reasons : Provided also that, if any person, whose name has been removed from the register, such person shall forthwith surrender his certificate of registration to the Council.
- (2) The Council may, on receipt of reliable information regarding the death of a person whose name is entered in the register, and on making such enquiry as it may think fit, direct the removal of his name from the register and thereupon the Registrar shall cancel the entry relating to such person.
- (3) In holding any enquiry under clause (b) of sub-section (1), the Council shall have the same powers as are vested in Civil Courts under the Code of Civil Procedure, 1908 (V of 1908), when trying suits 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.
- (4) All enquiries under this section shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (XLV of 1860).
- (5) For the purpose of advising the Council on any question of law arising in any enquiry under this section, there may, in all such enquiries, be an assessor who has been for not less than ten years an Advocate enrolled under the Advocates Act, 1961 (25 of 1961).
- (6) Any assessor under sub-section (5) may be appointed either for general enquiries or for any particular enquiry or class of enquiries, and shall be paid the prescribed remuneration.
Chapter IV PREPARATION AND MAINTENANCE OF REGISTER
23. Cancellation of fraudulent and incorrect entries.
Statutory text
Any entry in the register, which is proved to the satisfaction of the Council to have been fraudulently or incorrectly made, may be cancelled by an order of the Council.
PDF: pending for this language.