Amendment of Bom. XXVI of 1938 as applied to Saurashtra area of Bombay State

The provisions of the Bombay Medical Practitioners’ Act, 1938, as adapted and applied to the Saurashtra area of the State of Bombay, specified in column 1 of the Second Schedule shall be amended in the manner and to the extent specified in column 2 of the said Schedule.

First Schedule. First Schedule Licentiate of the Court of Examiners in Homoeopathy (L.C.E.H.) constituted under the Bombay Homoeopathic Act, 1951. 2. Graduate of the Court of Examiners in Homoeopathy (G.C.E.H.) constituted under the Bombay Homoeopathic Act, 1951. 3. Fellow of the Court of Examiners in Homoeopathy (F.C.E.H.) constituted under the Bombay Homoeopathic Act, 1951. 4. Diploma in Homoeopathy and Biochemistry (D.H.B.) only if granted before the first day of November 1956 by the Madhya Pradesh Board of Homoeopathic and Biochemic Systems of Medicine, Nagpur. 5. Diploma in Homoeopathy and Biochemistry (D.H.B.) granted by the Vidarbha Board of Homoeopathic and Biochemic Systems of Medicine, Nagpur. 6. Licentiate of the Court of Examiners in Homoeopathy (L.C.E.H.) constituted under this Act. 7. Graduate of the Court of Examiners in Homoeopathy (G.C.E.H.) constituted under this Act. 8. Fellow of the Court of Examiners in Homoeopathy (F.C.E.H.) constituted under this Act. 9. Diploma in Homoeopathy and Biochemistry (D.H.B.) granted by the Court of Examiners constituted under this Act.

Second Schedule. Second Schedule Amendment of the Bombay Medical Practitioners’ Act, 1938 (Bom. XXVI of 1938) as adapted and applied to the Saurashtra area of the State of Bombay by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1945 (Saurashtra Ordinance XXV of 1948)...

2011-1. Short title and commencement (Amendment Act, 2011)

1. (1) This Act may be called the Bombay Homoeopathic Practitioners’ (Amendment) Act, 2011.
2. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2011-2. Amendment of section 20 of Bom. XII of In section 20 of the Bombay Homoeopathic Practitioners’ Act, 1959 (hereinafter referred to as “the principal Act”),—
   • (a) in sub-section (3), for the words “ a fee of three hundred rupees ” the words “ such fee as the State Government may, by notification in the Official Gazette, specify ” shall be substituted ;
   • (b) after sub-section (3), the following sub-section shall be inserted, namely :— “(3A)
   • (a) If the courses of study to be undergone for obtaining any of the recognised medical qualifications include a period of training after a person has passed the qualifying examination, and before such qualification is conferred on him, any such person shall, on an application made to the Registrar, in the form prescribed by the Rules and on payment of such fee, as the State Government may, by notification in the Official Gazette, specify, be granted a provisional registration in order to enable him to practice Homoeopathic system of medicine in the Recognised Institution for the purpose of such training and for no other purpose, for the period aforesaid ;
   • (b) every person who is granted a provisional registration under clause
   • (a) shall be given a certificate of provisional registration in the form prescribed by the Rules, which shall remain in force for such period as may be specified therein.”. 2011-3. Substitution of section 26 of Bom. XII of For section 26 of the principal Act, the following section shall be substituted, namely:— “ 26. Notwithstanding anything contained in this Act, the certificate of registration or renewed certificate of registration issued to every Registered practitioner on or after the commencement of the Bombay Homoeopathic Practitioners’ (Amendment) Act, 2011 shall be valid for a period of five years from the date of its issue or, as the case may be, of its renewal : Provided that, any such certificate of registration or renewed certificate of registration, as the case may be, which is valid on the date of commencement of the Bombay Homoeopathic Practitioners’ (Amendment) Act, 2011, shall expire after a period of five years from the date of such commencement. ”. 2011-4. Insertion of sections 26A and 26B in Bom. XII of After section 26 of the principal Act, the following sections shall be inserted, namely :— “ 26A.
3. (1) Every Registered practitioner who has been given a certificate of registration or who has obtained the renewed certificate of registration may get his certificate renewed by following the procedure mentioned in this section. Procedure for renewal of registration.
4. (2) Any application for renewal of the certificate of registration shall be made to the Registrar. The application shall be in such form and shall be submitted alongwith such documents, as may be prescribed by the Rules. The application shall be accompanied by the certificate of registration and such renewal fee and late fee as the State Government may, by notification in the Official Gazette, specify : Provided that, such application shall be made not less than two months prior to the date on which the registration is to expire: Provided further that, the Registrar may, on sufficient cause being shown, entertain any such application at any time before or within a reasonable time after expiry of the registration.
5. (3) The Registrar shall, upon receipt of the application, make such enquiry as he may deem fit, and renew the certificate.
6. (4) When the certificate is renewed, the Registrar shall endorse such renewal on the certificate of registration and return the same to the Registered practitioner. 26B. The Registrar shall, at the time of issue of the certificate of registration as provided in sub-section
7. (12) of section 20, also issue an Identity Card to the Registered practitioner. The Identity Card shall be in such form and shall contain such particulars as may be prescribed by the Rules : Issue of Identity Card. Provided that, in case of Registered practitioner holding the certificate of registration on the date of commencement of the Bombay Homoeopathic Practitioners’ (Amendment) Act, 2011, the Registrar shall issue such Identity Card at the time of renewal of the certificate of registration. ”. 2011-5. Amendment of section 33 of Bom. XII of In section 33 of the principal Act, in sub-section (2),—
   • (a) after clause (i), the following clause shall be inserted, namely :— “(ia) the form of application for provisional registration and the form of certificate of provisional registration, under sub-section (3A) of section 20 ; ”;
   • (b) after clause (n), the following clauses shall be inserted, namely :— “(na) the form of application for renewal of certificate of registration and the documents to accompany such form, under section 26A ;
   • (nb) the form of Identity Card to be issued and particulars to be mentioned therein, under section 26B ; ”. 2014-1. Short title and commencement (Amendment Act, 2014)
8. (1) This Act may be called the Maharashtra Homoeopathic Practitioners’ and the Maharashtra Medical Council (Amendment) Act, 2014.
9. (2) It shall come into force on such date, as the State Government may, by notification in the Official Gazette, appoint. 2014-2. Amendment of section 20 of XII of In section 20 of the Maharashtra Homoeopathic Practitioners’ Act, XII of 1960, in sub-section (12), in clause (a), for the word “only”, the following portion shall be substituted, namely:— "and the Modern Scientific Medicine (Allopathy) in the State to the extent of knowledge recieved by passing the Certificate Course in Modern Pharmacology approved by the State Government". 2014-3. Amendment of section 2 of Mah. XLVI of In section 2 of the Maharashtra Medical Council Act, 1965 (hereinafter reffered to as “the principal Act”),—
   • (a) in clause (d),—
     • (i) for the words “or Biochemic System of Medicine;” the words “system of medicine;” shall be subtituted;
     • (ii) the following proviso shall be added, namely:— " Provided that, nothing in this clause shall mean to exclude the registered practitioner as defined in clause
10. (16) of section 2 of the Maharashtra Homoeopathic Practitioners’ Act who have passed the Certficate Course in Modern Pharmacology approved by the State Government;";
    • (b) in clause (h), after the words “maintained under this Act” the words and figures “and includes a seperate register which shall be maintained by the Council for those covered by entry 28 of the Schedule” shall be added. 2014-4. Amendment of section 10 of Mah. XLVI of In section 10 of the principal Act, in clause (c), after the words “the conduct of practitioners” the words and figures “including those covered by entry 28 of the Schedule” shall be added. 2014-5. Amendment of Schedule of Mah. XLVI of In the Schedule to the principal Act, after entry 27, the following entry shall be added, namely:— "28. Registered practitioner as defined in clause
11. (16) of section 2 of the Maharashtra Homoeopathic Practitioners’ Act who have passed the Certificate Course in Modern Pharmacology approved by the State Government .".