Chapter VIII REGISTRATION AND STATE REGISTER

1. (1) As soon as may be, after the commencement of this Act, the Registrar shall prepare and maintain a State Register of 1[paramedical practicing personnel] for the State, in accordance with the provisions of this Act.
2. (2) Every person who possesses any of the recognized paramedical qualifications, specified in the Schedule and who desires to practice as 2[paramedical practicing personnel] shall, on making such application to the Registrar alongwith the proof of such qualification and on payment of such fee as may be prescribed, be entitled to have his name entered in the State Register. Such registration shall be valid for a period of five years and it shall be incumbent duty of the registered person to get his registration renewed in the manner determined by the regulations.
3. (3) The Council shall cause to be maintained the State Register of the 3[paramedical practicing personnel] in such form as may be determined by regulations.
4. (4) The State Register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 (1 of 1872).

The Council may, upon a reference from the Registrar or otherwise, by order, prohibit the entry in or, order the removal from the State Register, the name of any person,-

1. (a) who has been convicted by a criminal court for an offence which involves moral turpitude ; or
2. (b) whose conduct, in the opinion of the Council, is infamous in relation to the profession, particularly under any Code of Ethics framed by the Council : Provided that, no order shall be passed under this section without giving a reasonable opportunity of being heard to the person concerned.

1. (1) The Council may, after giving the person concerned a reasonable opportunity of being heard and enquiring into his objections, if any, order that any entry in the State Register which, in the opinion of the Council, has been fraudulently or incorrectly made or brought about, be cancelled or amended.
2. (2) The Council may direct the removal forever, or for a specified period from the State Register, the name of any registered 1[paramedical practicing personnel] for the same reason for which registration may be prohibited by the Council under section 27.
3. (3) The Council may direct that the name removed under sub-section (2) shall be restored, subject to such conditions, if any, which the Council may deem fit to impose.

1. (1) In holding of any inquiry under this section, the Council shall have the powers as vested in Civil Courts under the Code of Civil Procedure, 1908 (5 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.
2. (2) All inquiries under this section shall be deemed to be the judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code, 1860 (45 of 1860).
3. (3) For the purpose of advising the Council 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 (25 of 1961); or
   • (ii) an Attorney of a High Court. Explanation.— For the purposes 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 has been enrolled as an Advocate under the Indian Bar Councils Act, 1926 (38 of 1926).
4. (4) Where an assessor advises the Council 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 the party, to the inquiry who appears thereat or, if the evidence is tendered after the Council 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 does not accept the advice of the assessor on any such question, as aforesaid.
5. (5) Any assessor under this section may be appointed either generally, or for any particular inquiry or class of inquiries, and shall be paid such remuneration as may be determined by regulations.

Any person,-

1. (a) whose application for enrollment in the State Register is rejected under section 26 or 28;
2. (b) whose entry in the State Register is prohibited under section 27; or
3. (c) whose name, from the State Register is removed, may, within ninety days of order of rejection, prohibition or removal, as the case may be, appeal to the Government in such manner as may be prescribed and the decision of the Government thereon shall be final.