Preparation of list of persons in practice on the relevant day

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 in accordance with the provisions of this Act, prepare and maintain thereafter a list of persons not entitled to registration under section 20 but who have been practising the Homoeopathic or the Biochemic Systems of Medicine.
(2) The list shall include the following particulars, namely :—
- (a) the full name, nationality and residential address of the enlisted practitioner ;
- (b) the date of his admission to the list ;
- (c) the qualification, if any, and the date on which he obtained such qualification and the authority which conferred or granted it ;
- (d) his professional address ; and
- (e) such further particulars as may be prescribed by rules.
(3) The name of every person who on the day immediately preceding the appointed day continued to be included in Part C of the register kept under the Bombay Homoeopathic Act, 1951, shall be entered in the list under this Act without such person being required to make an application or to pay any fee.
(4) The name of every person who was entered in the list kept under section 18 of the Madhya Pradesh Homoeopathic and Biochemic Practitioners' Act, 1951, on or after the first day of November 1956 by the Vidarbha Board of Homoeopathic and Biochemic Systems of Medicine shall be entered in the list under this Act without such person being required to make any application or to pay any fee.
(5) 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 in the list kept under the Madhya Pradesh Homoeopathic and Biochemic Practitioners' Act, 1951, on the thirty-first 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 list and the name of every person who pays such fee within a period of six months from the date of issue of the notice by the Registrar shall be entered in the list under this Act without such person being required to make an application or to pay any other fee.
(6) Every person who is not entitled to have his name entered in the register under section 20 but who makes an application to the Registrar in the form prescribed by rules accompanied by a fee of Rs. 10 and such documents as may be prescribed by rules within a period of two years from the appointed day and who proves to the satisfaction of the sub-committee appointed under sub-section
(9) of section 20 that on the 25th day of August 1959 he was regularly practising the Homoeopathic or the Biochemic Systems of Medicine in any part of the State of Bombay shall be entitled to have his name entered in the list.
(7) The name of a practitioner whose application for registration under sub-section
(8) of section 20 and appeal, if any, under sub-section
(10) of section 20 are rejected shall, notwithstanding anything contained in sub-section (6), be entitled to have his name entered in the list without such person being required to make an application or to pay any other fee, provided the sub-committee appointed under sub-section
(9) of section 20 is satisfied that such person was practising the 25th day of August 1959 regularly the Homoeopathic or the Biochemic Systems of Medicine in any part of the State of Bombay.
(8) Notwithstanding anything contained in sub-sections
(3) to
(7) no person whose name has been entered in the register under section 20 shall be entitled to have his name entered in the list.
(9) The sub-committee referred to in sub-section
(6) shall make enquiry in respect of the applications received under sub-section
(6) in such manner as may be prescribed by rules.
(10) Any person aggrieved by the decision of the sub-committee under sub-section
(6) or
(7) 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 under sub-section
(10) of section 20. 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 list 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 list having been prepared and the list shall come into force from the date of the publication of such notice in the Official Gazette. (12)
- (a) Every enlisted practitioner shall be given a certificate of enlistment 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 list under the provisions of this Act ; and every certificate of enlistment 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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