Preparation of Register

The Bombay Homoeopathic and Biochemical Practitioners Act, 1959

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Statutory text

(1) As soon as may be after the appointed day, the Registrar shall prepare and maintain thereafter a register of Homoeopathic and Biochemic practitioners for the State of Bombay in accordance with the provisions of this Act.
(2) The register shall include the following particulars, namely :—
- (a) the full name, nationality and residential address of the registered practitioners ;
- (b) the date of his admission to the register ;
- (c) the qualification for registration and the date on which he obtained his degree, diploma or any other like award in Homoeopathy or Biochemistry, if any, and the authority which conferred or granted it ;
- (d) his professional address ; and
- (e) such further particulars as may be prescribed by rules.
(3) Every person who possesses any of the qualifications specified in the First Schedule shall, at any time on an application made in the form prescribed by rules to the Registrar and on payment of a fee of one hundred rupees be entitled have his name entered in the register.
(4) The name of every person who on the day immediately preceding the appointed day was registered in Part A or Part B of the register kept under the Bombay Homoeopathic Act, 1951, shall be entered in the register under this Act, without such person being required to make an application or to pay any fee.
(5) The name of every person who was registered on or after the first day of November 1956 by the Vidarbha Board of Homoeopathic and Biochemic Systems of Medicine constituted under the Madhya Pradesh Homoeopathic and Biochemic Practitioners' Act, 1951 read with the Madhya Pradesh Statutory Bodies (Regional Constitution) Act, 1956, and who continued to be on the register on the day immediately preceding the appointed day shall be entered in the register under this Act without such person being required to make an application or to pay any fee.
(6) Within a period of three months from the appointed day or such further period as the State Government may allow, the Registrar shall issue to every person whose name stood on the register kept under the Madhya Pradesh Homoeopathic and Biochemic Practitioners' Act, 1951, on the 31st day of October 1956, and whose case is not covered by sub-section
(5) and to every person whose name stood on the register of Homoeopathic practitioners kept under the Medical Act, on the 31st day of October 1956, a notice by registered post requiring him to pay a fee of Rs. 2 if he desires to have his name entered in the register and the name of every person who pays such fee within a period of six months from the date of issue of such notice by the registrar shall be entered in the register under this Act without such person being required to make an application or to pay any other fee.
(7) Every person, who is not entitled to registration under sub-section (3), (4)
(5) or
(6) but who before the appointed day possessed any qualification entitling him to registration under sub-section
(1) of section 16 of the Madhya Pradesh Homoeopathic and Biochemic Practitioners' Act, 1951, as in force in the Vidarbha region of the Bombay State, shall on an application made in the form prescribed by rules to the Registrar within a period of two years from the appointed day and on payment of a fee of Rs. 10 be entitled to have his name entered in the register under this Act.
(8) Any person not being a person qualified for registration under sub-section (4),
(5) or
(7) who proves to the satisfaction of the sub-committee appointed under sub-section
(9) that he had been regularly practising the Homoeopathic or the Biochemic systems of Medicine in any part of the State of Bombay for a period of not less than ten years immediately before the 25th day of August 1959 shall on an application made in such form and accompanied by such documents as may be prescribed by rules within a period of two years from the appointed day and on payment of a fee of Rs. 10, be entitled to have his name entered in the register.
(9) All applications for registration under sub-section
(7) or
(8) shall be considered and decided by a sub-committee of three members of the Board appointed by the State Government. The sub-committee shall make enquiry in respect of such applications in such manner as may be prescribed by rules.
(10) Any person aggrieved by the decision of the sub-committee under sub-section
(7) or
(8) may within a period of one month from the date on which such decision is communicated to him on payment of a fee of five rupees, appeal to the appellate authority constituted by the State Government in this behalf, consisting of a Chairman and two other members. The Chairman to be appointed by the State Government shall be a person who has for at least seven years held judicial office not lower in rank than that of a District Judge. One member shall be elected by the Board and one member to be appointed by the State Government shall be a person who is a registered practitioner. The decision of the sub-committee subject to an appeal to the appellate authority, and the decision of the appellate authority on such appeal, shall be final.
(11) When the register is prepared in accordance with the foregoing provisions the Registrar shall publish a notice in the Official Gazette and such newspapers as the Board 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. (12)
- (a) Every registered practitioner shall be given a certificate of registration in the form prescribed by rules.
- (b) Such certificate shall be valid until it is duly cancelled and the name of the practitioner is removed from the register under the provisions of this Act ; and every certificate of registration given before the commencement of the Bombay Homoeopathic and Biochemic Practitioners' (Amendment) Act, 1974, which is valid on such commencement shall, subject to the provisions of section 26, be valid likewise, and shall continue accordingly.

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