Chapter IV PREPARATION AND MAINTENANCE OF REGISTER

1. (1) As soon as and may be after the appointed day, the Registrar shall prepare and maintain thereafter a register of occupational therapists and physiotherapists in the State of Maharashtra 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, date of birth and the qualification of the registered occupational therapists and physiotherapists, the date on which each qualification was obtained, and such other particulars as may be prescribed.
3. (3) Any person who possesses the qualifications from the institutions specified in the Schedules and desires to continue his practice as occupational therapist or physiotherapist shall, on an application made in the prescribed From to the Registrar, and on payment of a fee of rupees one thousand to the Council and on presentation of his degree, diploma, licence or certificate, be entitled to have his name entered in the register for a period of five years from the date on which his name is entered in the register.
4. (4) Every registered practitioner shall, on an application made in the prescribed Form to the Registrar, and on payment of a fee of rupees five hundred to the Council be entitled to have his registration renewed for a further period of five years from the date on which his registration is issued or, as the case may be renewed : Provided that, every renewal application shall be made at least three months before the expiry of the registration : Provided further that, the application for renewal of registration made within a period of one month after the date of expiry of the registration may be renewed after charging additional late fee of rupees two hundred. The applications for renewal of registration received after one month from the date of expiry of the registration shall be treated as a fresh application under sub-section (3).
5. (5) Every registered practitioner shall be given a certificate of registration or renewal of registration in the prescribed Form. The registered practitioner shall display the certificate of registration or renewal of registration in a conspicuous place in his dispensary, clinic or place of practice, and if he has more than one such place in any of them.
6. (6) Where it is shown to the satisfaction of the Registrar that a certificate of registration or renewal of registration has been defaced, lost or destroyed, the Registrar may, on payment of rupees five hundred, issue a duplicate certificate in such Form as may be prescribed.

1. (1) If a registered practitioner has been, after due inquiry held by the Council or by the Executive Committee in the prescribed manner, found guilty of any misconduct, 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 purpose of this section, "misconduct" shall mean-
     • (i) the conviction of a registered practitioner by a criminal court for an offence which involves moral turpitude ; or
     • (ii) the conviction under the Army Act, 1950 (46 of 1950), of a registered practitioner subject to military law for an offence which is cognizable within the meaning of the Code of Criminal Procedure, 1973 (2 of 1974) ; or
     • (iii) any conduct which, in the opinion of the Council, is in famous in relation to the medical profession particularly under any Code of Ethics prescribed by the Council constituted under this Act, in this behalf.
2. (2) In holding any inquiry under sub-section (1), 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 (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 ; and
   • (c) issuing of commissions for the examination of witnesses.
3. (3) All inquiries under this section shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860).
4. (4) (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 enquiries, 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.
   • (b) Any assessor under this sub-section may be appointed either for general enquiries or for any particular enquiry or class of enquiries, and shall be paid the prescribed remuneration.

1. (1) Where the name of any person has been removed from the Register on the ground of professional misconduct or any other ground 1[or his application for establishment under sub-section (2) of section 30A has been rejected,] he may appeal to the State Government on the prescribed manner with the prescribed fee, whose decision thereon shall be final.
2. (2) No appeal under sub-section (1) shall be admitted if it is preferred after the expiry of a period of thirty days from the date of the order : Provided that, an appeal may be admitted after the expiry of the said period of thirty days, if the applicant satisfies the Government that he had sufficient cause for not preferring the appeal within the said period.

No person, other than a registered practitioner shall,-

1. (a) hold office as occupational therapist or physiotherapist or any other office (by whatever designation called) in the State Government or in any institution maintained by a local or other authority ;
2. (b) practice occupational therapy or physiotherapy as the case may be, anywhere in the State of Maharashtra and recover in respect of such practice any expenses or fees to which he may be entitled ;
3. (c) be entitled to sign or authenticate any certificate required by any law to be signed or authenticated by on occupational therapist or physiotherapist, as the case may be;
4. (d) be entitled to give any evidence at any inquest or in any Court as an expert under the Indian Evidence Act, 1872 (1 of 1872), on any matter relating to the occupational therapy or physiotherapy, as the case may be.

1[30A. Established practitioners to be allowed to continue to practice traditional profession of bone-setting and treatment by massage.- (1) Notwithstanding anything contained in this Act, a traditional practitioner who has continuously and uninterruptedly at one place only, for not less than ten years prior to the date of coming into force of the Maharashtra State Council for Occupational Therapy and Physiotherapy (Amendment) Act, 2005 (Mah. XLII of 2005) (hereinafter referred to "as the said Amendment Act") been in the traditional practice or profession of bone-setting or treatment by message for cure of any muscular pain, without administering any drugs to the patient either orally or by any other method, and has got himself enlisted with the Council as provided in sub-section (2), may continue to practice such profession at the same place.

1. (2) (a) A traditional practitioner satisfying the conditions laid down in sub-section (1) desirous of continuing his traditional practice or profession may, within six months from the date of coming into force of the said Amendment Act, apply to the Council in the prescribed form, alongwith a fee of rupees one thousand and proof as prescribed, of having been continuously in practice or profession as provided in sub-section (1), at a given address in the State : Provided that, no application for enlistment of the name shall be entertained after the expiry of the aforesaid period.
   • (b) The Council may, on receiving such application within the time limit specified in clause (a), after necessary verification of the application and satisfying itself about the genuineness of the claim of the applicant, enlist such practitioner under this Act and publish in the List of such Enlisted practitioners in the Official Gazette : Provided that, any traditional practitioner whose application for enlistment is rejected by the Council may file an appeal to the State Government as provided under section 29: Provided further that, if in appeal the claim of the appellant is upheld by the appellate authority, the Council shall enlist such practitioner and include the name of the appellant in the List, by amending such List and publish such amendment in the Official Gazette.]