Chapter III PREPARATION AND MAINTENANCE OF REGISTER

1. (1) As soon as may be after the appointed day, the Registrar shall prepare and maintain thereafter a register of medical practitioners for the State, in accordance with the provisions of this Act.
2. (2) The register shall be in such form, and may be divided into such parts, as may be prescribed. The register shall include the full name, address, and qualifications of the registered practitioner, the date on which each qualification was obtained, and such other particulars as may be prescribed.
3. (3) Any person who possesses any of the qualifications specified in the Schedule to this Act or in the First, Second or Third Schedule to the Indian Medical Council Act, 1956 (CII of 1956), shall subject to any conditions laid down by or under the Indian Medical Council Act, 1956 (CII of 1956), at any time on an application made in the prescribed form to the Registrar and on payment of 1[such fees as the State Government may, by notification in the Official Gazette, specify] and on presentation of his degree, diploma, licence or certificate, be entitled to have his name entered in the register : Provided that, the name of an applicant who is unable to present his degree, diploma, licence or certificate may be entered in the register, if he satisfies the President that he holds such degree, diploma, licence or certificate but cannot for sufficient cause present the same with his application. (4) The name of every person-
   • (a) who, on the day immediately preceding the appointed day stands entered in the register duly kept under section 6 of the Bombay Medical Act, 1912 (Bom.VI of 1912), as in force in the Bombay area of the State; or
   • (b) who, on or after the 1st November, 1956, being entered in the register duly kept under section 11 of the Central Provinces and Berar Medical Registration Act, 1916 (C. P. and Berar 1 of 1916), as in force in the Vidarbha region of the State and stands entered on the day immediately preceding the appointed day, shall be entered in the register prepared under this Act, without such person being required to make an application, or to pay any fee for this purpose.
4. (5) (a) The name of every person who on the day immediately preceding the appointed day stands entered in the register duly kept under section 11 of the Central Provinces and Berar Medical Registration Act, 1916 (C. P. and Berar 1 of 1916), as in force in the Vidarbha region of the State (other than that of any person already covered by paragraph (b) in the last preceding sub-section), or under section 10 of the Medical Registration Act (Hyd. 1 of 1348 Fasli), as in force in the Hyderabad area of the State, shall, subject to the provisions of clause (b), be entered in the register prepared under this Act, without such person being required to make an application or to pay any fee for this purpose.
   • (b) Notwithstanding anything contained in clause (a), within a period of three months from the appointed day or such further period as the State Government may allow, the Registrar shall publish a general notice in the Official Gazette and in such newspapers as the Council may select, in such form as may be prescribed, and send individual notice by registered post to every such person at his last known address in such form as may be prescribed, calling upon every such person to pay to the Registrar in the prescribed manner a fee of rupees two if he desires to continue his name on the register under this Act, The name of every such person who pays such fee before the expiry of the period of two months from the date of publication of the general notice in the Official Gazette shall be continue on the register, without such person being required to make an application or to pay any other fee for this purpose. If such fee is not paid within time, the Registrar shall remove the name of defaulter from the register : Provided that, if any application for continuance of the name so removed is made to the Registrar within a period of six months form the last date on which such fee should have been paid, the name so removed may be re-entered in the register on payment of a fee of five rupees.
5. (6) After the last date for payment of the fee of rupees two under clause (b) of the last preceding sub-section has expired and the register prepared in accordance with the forgoing provisions is ready, the Registrar shall publish a notice in the Official Gazette and such newspapers as the Council may select, about the register having been prepared, and the register shall come into force from the date of the publication of such notice in the Official Gazette.
6. (7) Every registered practitioner shall be given a certificate of registration in the prescribed form. The registered practitioner shall display the certificate of registration in a conspicuous part in the place of his practice and if he has more than one such place in any one of them.

1. (1) No person who possesses a medical qualification granted by any authority in any place outside the territory of India (other than the qualification specified in the Second Schedule or Part II of the Third Schedule to the Indian Medical Council Act, 1956 (CII of 1956)) shall be registered under this Act, unless the procedure specified in sub-section (2) has been followed.
2. (2) Any person, who holds any such medical qualification may apply to the Council for registration by giving a correct description of his qualification, with the dates on which they were granted, and by presentation of his degree, diploma, licence or certificate. If the Council is satisfied that the degree, diploma, licence or certificate held by the applicant is such as to secure the possession by the applicant of the requisite knowledge and skill for efficient practice as a medical practitioner, the Council may, with the previous approval of the Executive Committee of the Medical Council of India constituted under the Indian Medical Council Act, 1956 (CII of 1956) and on payment of 1[such fees as the State Government may, by notification in the Official Gazette, specify] enter his name in the register if the applicant is a citizen of India, and if the applicant is not such a citizen enter his name in the register, subject to such conditions as the Council may deem fit to impose.

Notwithstanding anything contained in sections 16 and 17, no person, whose name has been removed from any register kept under this Act or any other law for the time being in force in India regulating the registration of medical practitioners on the ground of professional misconduct, shall be entitled to have his name entered in the register, unless his name is duly ordered to be restored to the register from which it was so removed.

1. (1) Any person who desires to be registered provisionally under section 25 of the Indian Medical Council Act, 1956 (CII of 1956), shall make an application in the prescribed form to the Registrar and shall pay 1[such fees as the State Government may, by notification in the Official Gazette, specify].
2. (2) Every person whose name is entered in the register under sub-section (1) shall be given a certificate of provisional registration in the prescribed form. Such certificate shall remain in force for such period as may be specified therein.

1. (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 certificates of registration in accordance with the provisions of this Act and the rules made thereunder.
2. (2) The names of registered practitioners who die or whose names are directed to be removed from the register under section 22, shall be removed therefrom.
3. (3) Any person whose name is entered in the register and who subsequent to his registration desires to record in the register any change in his name, shall on an application made in this behalf and on payment of the prescribed fee be entitled to have such change in his name recorded in the register.
4. (4) Subject to the provisions of section 26 of the Indian Medical Council Act, 1956 (CII of 1956), any person whose name is entered in the register and who subsequent to his registration obtains any additional qualification specified in the Schedule to this Act or in any of the Schedules to the Indian Medical Council Act, 1956 (CII of 1956), shall on an application made in this behalf, and on payment of the prescribed fee, be entitled to have an entry stating such additional qualification made against his name in the register. 1[(5) The Registrar may, on an application made in that behalf and on payment of the prescribed fee, issue a duplicate certificate.]

1. (1) At such time after the publication of the notice under sub-section (6) of section 16 as the Council deems fit, and thereafter every five years, the Registrar shall cause to be printed and published a correct list of all persons for the time being entered in the register.
2. (2) The Registrar shall cause to be printed and published annually on or before a date to be decided by the Executive Committee, an addendum and a corrigendum to the list published under sub-section (1) showing-
   • (a) The names of all persons for the time being entered or re-entered in the register, and not included in any subsisting list already printed and published;
   • (b) The names of all practitioners included in any subsisting list, whose names have since been removed on account of any reason whatsoever from, and not re-entered in, the register; and
   • (c) Any other amendments to the subsisting list.
3. (3) The form of the list published under sub-section (1), the particulars to be included therein, and the manner of its publication, shall be such as may be prescribed.
4. (4) A copy of the list referred to in sub-section (7) 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. (1) If a registered practitioner has been, after due enquiry held by the Council (or by the Executive Committee) in the prescribed manner, found guilty of any misconduct by the Council, the Council may-
   • (a) Issue a letter of warning 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 permanently. Explanation.- For the purposes of this section, "misconduct" shall mean-
     • (i) the conviction of a registered practitioner by a criminal court for an offence which involves moral turpitude, and which is cognizable within the meaning of 1[the Code of Criminal Procedure, 1973 (II of 1974)]; or
     • (ii) the conviction under the Army Act, 1950 (XLVI of 1950), of a registered practitioner subject to military law for an offence which is cognizable with the meaning of 2[the Code of Criminal Procedure, 1973 (II of 1974)]; or
     • (iii) any conduct which, in the opinion of the Council, is infamous in relation to the medical profession particularly under any Code of Ethics prescribed by the Council or by the Medical Council of India constituted under the Indian Medical Council Act, 1956 (CII of 1956), in this behalf.
2. (2) If the name of any such practitioner is also entered in-
   • (a) The register of the list maintained under the Maharashtra Medical Practitioners Act, 1961(Mah. XXVIII of 1961); or
   • (b) The register or the list maintained under the 3Bombay Homeopathic and Biochemic Practitioners Act, 1959 (Bom. XII of 1960), It shall be the duty of the Registrar to give intimation of such removal to the authority entitled to maintain the said register or the said list.
3. (3) If the name of a registered practitioner is also entered in the register or the list, as the case may be, maintained under any of the laws referred to in sub-section (2) and it is removed from the said register or the said list, the Council shall if such removal comes or is brought to its notice, also remove the name of such registered practitioner from the register under this Act.
4. (4) The Council may, on sufficient cause being shown, direct at any subsequent date that the name of a practitioner removed under sub-section (1) or (3) shall be re-entered in the register on such conditions, and on payment of such fee as may be prescribed.
5. (5) The Council may, of its own motion, or on the application of any person, after due and proper inquiry 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 Council, such entry was fraudulently or incorrectly made.
6. (6) In holding any enquiry under this section, the Council or the Executive Committee, as the case may be, shall have the same powers as are vested in Civil Courts under the Code of Civil Procedure, 1908 (V of 1908), when trying a suit, 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;
   • (c) Issuing of commissions for the examination of witnesses.
7. (7) All inquiries under this section shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 288 of the Indian Penal Code (XLV of 1860).
8. (8) (a) For the purpose of advising the Council or the Executive Committee, as the case may be, on any question of law arising in any inquiry under this section, there may in all such inquiries be an assessor, who has been for not less than ten years-
   • (i) An advocate enrolled under the Advocates Act, 1961 (XXV of 1961), or
   • (ii) An attorney of a High Court. Explanation.- For the purpose of this clause, in computing the period during which a person has been enrolled as an Advocate, there shall be included any period during which he was enrolled as an Advocate under the Indian Bar Councils Act, 1926 (XXVII of 1926).
   • (b) Where an assessor advises the Council, or the Executive Committee, on any question of law as to evidence, procedure or any other matter, he shall do so in the presence of every party or person representing a party, to the enquiry who appears thereat or if the advice is tendered after the Council or the Executive Committee has begun to deliberate as to its findings, every such party or person as aforesaid shall be informed what advice the assessor has tendered. Such party or person shall also be informed if in any case the Council or the Executive Committee does not accept the advice of the assessor on any such question as aforesaid.
   • (c) Any assessor under this section may be appointed either generally, of for any particular inquiries or class of inquiries, and shall be paid the prescribed remuneration.

1[23. Renewal of registration.- Notwithstanding anything contained in sections 16, 17 and 21,-

1. (a) Every registered practitioner who is holding a certificate of registration prior to such date, as the Council, by order published the Official Gazette specifies, shall within a period of four months from the specified date, apply in the prescribed form, with a renewal fee of rupees five hundred, to the Registrar for the renewal of the registration;
2. (b) The registered practitioner who fails to apply for the renewal of his registration within the specified period may apply in the prescribed form along with late fee of rupees one hundred per month or part thereof, for renewal of the registration;
3. (c) Every registered practitioner who has obtained the renewed certificate of registration under clause (a) or clause (b), shall be required to get the same renewed every five years thereafter, on payment of such renewal fees or late fees, as the State Government may, by notification in the Official Gazette, specify : Provided that, such person shall, not less than two months prior to the date on which the registration period of five years from the renewal of the registration under clause (a) or clause (b) expires, make an application in the prescribed form with the requisite fees as specified under this clause, for the renewal of his certificate of registration;
4. (d) The Registrar shall on registration or renewal of the registration certificate also issue to such practitioner an identity card in such form containing such particulars, as may be prescribed.]

1. (1) Any person aggrieved by any decision of the Registrar under this Act may, within a period of one month from the date on which the decision is communicated to him, appeal to the Council, which shall hear and determine the appeal in the prescribed manner.
2. (2) Save as otherwise provided in the Indian Medical Council Act, 1956 (CII of 1956), every decision of the Council under this Act shall be final.

Notwithstanding anything contained in any law for the time being in force-

1. (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 the medical profession shall, in all Acts of the State Legislature and in all Central Acts (in their application to the State) in so far as such Acts relate to any matters specified in List II or III in the Seventh Schedule to the Constitution of India, include a practitioner whose name is entered in the register under this Act;
2. (ii) every registered practitioner shall be exempted, if he so desires, from serving on an inquest, 1[under the Code of Criminal Procedure, 1973 (II of 1974)].

The provisions of this Act are in addition to, and not in derogation of, the provisions of the Indian Medical Council Act, 1956 (CII of 1956), and of Chapter VI of the Maharashtra Medical Practitioners Act, 1961 (Mah. XXVIII of 1961), containing general provisions applicable to all medical practitioners.