Chapter IV REGISTRATION OF AYURVEDIC PRACTITIONERS

1. (1) Subject to any general or special order, which may from time to time be made by the Council, the Registrar shall maintain a register or registers of Ayurvedic Practitioners practising the Ayurvedic System of Medicine in the State of Orissa in the prescribed form and it shall be the duty of the Registrar to keep the register correct and up-to-date, as far as practicable; in accordance with the provisions made by or; under this Act. The Registrar shall also maintain the list of practitioners in accordance with the provisions contained in section 41. (2)
   • (i) The Registrar shall, with a view to keep the register correct and up-to-date, as far as possible, from time to time, enter therein any material alteration in the addresses or qualifications of the practitioners or remove the names of the practitioners, who die or whose names are directed to be removed from the register under section 32 : Provided that the Government may direct that any alteration in the entries as respects additional qualifications shall not be made unless payment of such fees as may be prescribed is made.
   • (ii) For purposes of this sub-section the Registrar may write to any registered practitioner at the address which is entered in the register to enquire whether he has ceased to practice or has changed his residence and if no reply is received to the said letter within three months, the Registrar may issue a reminder by registered post and in case no reply is received to the reminder within two months from the date of issue, he may remove the name of this said practitioner from the register : Provided that the Council may if it thinks fit, direct that the name of the said practitioner be reentered in the register on payment of the fees.
2. (3) The register shall be in such form as may be prescribed and shall contain the name, residence and qualification of every practitioner registered together with the date on which such qualification was acquired.

1. (1) Every Registrar of Deaths who receives notice of the death of a person whose name is likely to have been entered in the register shall forthwith transmit by post or otherwise to the Registrar of the Council a certificate of such death, signed by him and stating particulars of the time and place of death.
2. (2) On receipt of such certificate or other reliable information regarding such death, the Registrar shall remove the name of the deceased person from the register.

1. (1) Every person who is not less than eighteen years of age and who passes a qualifying examination or possesses any of the other qualifications mentioned in the Schedule, or belongs to any of the categories of person specified therein, shall, subject to the provisions contained in or made under this Act and upon payment of such fees, as may be prescribed, be entitled, on an application made to the Registrar in the prescribed form to have his name entered in the register subject to such conditions as the Council may impose. When the name of a person has been registered in accordance with the provisions aforesaid, he shall be granted a certificate in the form as may be prescribed : Provided that an application for entry of the same in the register of a person whose case is not clearly governed by the provisions of this Act or by the rules and regulations made thereunder shall be referred to the Council for such decision as it may deem fit.
2. (2) The decision of the Registrar regarding the registration of any person made under sub-section
3. (1) shall be communicated by the Registrar to such person, who may, if he is aggrieved by the decision, prefer an appeal to the Council within ninety days of such communication.
4. (3) Such appeal shall be heard and decided by the Council in the prescribed manner.
5. (4) The Council may, on its own motion or on the application of any person, cancel or alter any entry in the register, if, in the opinion of the Council after making such enquiry as it may deem fit it is found that such entry was fraudulently or incorrectly made or obtained on account of misrepresentation :

Amendment of Schedule

1. (1) If at any time the Council is satisfied on the recommendation of the Faculty, that a title or degree granted, or qualification certified, by a University, examining body or other Institutions in India is a sufficient guarantee that persons holding such a title or degree or qualification possess the knowledge or skill requisite for the efficient practice of medicine, surgery and midwifery, it may subject to the approval of the Government direct that the possession of such title, degree or qualification shall, subject to the provisions contained in this Act and payment of the prescribed fee, entitle a person to have his name entered in the register.
2. (2) If the Council on the recommendation of the Faculty, is not so satisfied in respect of any title, degree or qualification, it may subject to the approval of the Government direct that the possession of such title, degree or qualification shall not entitle a person to have his name entered in such register.
3. (3) When the Council issues a direction under sub-section
4. (1) or
5. (2) such title, degree or qualification shall be deemed to be covered by or, as the case may be, to be excluded from the Schedule.

1. (1) At any time after the date of commencement of this Act, the Council may enter into negotiations with the authority in any other State which is entrusted by the law of such State with the maintenance of a register of practitioners of the Ayurvedic System of Medicine, Surgery and Midwifery for the settling of a scheme of reciprocity for the recognition of medical qualifications and in pursuance of any such scheme, the Government, may, by notification, amend the Schedule so as to include therein any medical qualifications which the Council on the recommendation of the Faculty decide to recognise.
2. (2) Where the council has refused to recognise on the recommendation of the Faculty any medical qualification which has been proposed for recognition by any such authority, that authority may, apply to the Government and the Government, after considering such application and after consulting the Council, may, by notification amend the Schedule so as to include such qualification therein.

1. (1) The Faculty shall by bye-laws prescribe the course of training and qualifying examinations including the preliminary qualifications for admission into the institutions.
2. (2) A qualifying examination shall be an examination in the Ayurvedic System of Medicine including the subjects of Medicine, Surgery and Midwifery held by the Faculty (or its predecessor the Orissa Ayurvedic Examination Board) for the purpose of granting a degree or diploma conferring the right of registration under this Act and specified in the Schedule, and such other examination as may, on the recommendation of the Faculty, be included in the Schedule by the Council by a notification in the official Gazette from and after the date specified in the notification.

1. (1) It shall be the duty of the Faculty-
   • (a) to secure the maintenance of an adequate standard of proficiency for the practice of Ayurvedic System of Medicine including the subjects of Medicine, Surgery and Midwifery. For the purpose of securing such standard, the Faculty may call upon the Governing Body or authorities of the Ayurvedic teaching Institutions, Examining Bodies or other Institutions as are included in, or are desirous of being included in the Schedule ;
   • (b) to furnish such reports, returns or other informations as the Faculty may require of any course of study prescribed by bye-laws or examination held by such body or institution with reference to grant of any qualification to enable it to judge the efficiency of the institution given therein in the Ayurvedic or any of its subjects or branches ; and
   • (c) to provide facilities to enable inspectors or any member or visitor appointed and deputed by the Faculty for the purpose to attend and be present at all or any of the qualifying examinations conducted by such Ayurvedic Institution or Examining Bodies or other Institutions.
2. (2) The Inspectors, members or visitors shall not interfere with the conduct of any examination, but it shall be their duty to report to the Faculty their opinion as to the sufficiency or insufficiency of every examination which they attend and any other matters in relation to such examinations on which the Faculty may require them to report.
3. (3) Every qualifying examination held by the bodies or institutions authorised under this section shall be inspected by Inspectors, members or visitors, at least once in five years and more frequently if the Faculty so directs.
4. (4) The Faculty shall forward a copy of every such report to the body which held the examination in respect of which the said report was made and shall also forward a copy of such report, together with any observations made thereon by the said body, to the Council.
5. (5) An Inspector, a member or a visitor shall receive such remuneration to be paid as part of the expenses of the Faculty, as the Faculty, with the permission of Government may determine.

Every person who applies to have his name entered in the register, must satisfy the Registrar that he is possessed of some degree, title or qualification specified in the Schedule ; and he must inform the Registrar of the date on which he obtained the degree, title or qualification which entitled him to claim registration under this Act, and shall furnish any further information required by the Registrar in order to enable such person to discharge the duties imposed upon him by or under this Act.

1. (1) The Council may prohibit the entry in, or order the removal from the register, the name of any practitioner-
   • (a) who has been sentenced by a criminal court to imprisonment for an offence declared by the Government to involve such moral turpitude as would render the entry or continuance of his name in the register undesirable, or
   • (b) whom the Council after inquiry has found guilty of professional misconduct or other infamous conduct by a majority of at least two-thirds of the members present at a voting in the meeting specially convened for the purpose: Provided that the Council may entrust such inquiry to a Special Committee which shall submit a report to the Council regarding the conduct of Practitioner concerned.
2. (2) The inquiry referred to in clause
   • (b) of sub-section
3. (1) may in the discretion of the Council or the Committee, as the case may be, be held in camera and an opportunity shall be given to the practitioner concerned to be heard in his defence whether personally or through an authorised agent.
4. (3) The Council may direct that the name of any person against whom an order has been made under sub-section
5. (1) shall be entered or re-entered, as the case may be, after having satisfied itself that due to the lapse of time or otherwise, the disability mentioned in sub-section
6. (1) has ceased to have any effect.

For the purpose of any inquiry held under clause

1. (b) of sub-section

1. (1) of section 32, the Council or the Committee, as the case may be, shall exercise the powers of a Commissioner appointed under the Public Servants (Inquiries) Act, 1850, and the provisions of sections 5, 8 to 10, 14 to 16, 19 and 20 of the said Act shall, so far as may be, apply to every such inquiry and appeal.

1. (1) The Register shall, in every year and from time to time as occasion may require, on or before a date to be fixed in this behalf by the Council, publish in the official Gazette and in such other manner as the Council may direct a correct statement of names for the time being entered in the register containing:-
   • (a) all names entered in the register arranged in alphabetical order;
   • (b) the registered address or appointment of each person whose name is entered in the register; and
   • (c) the registered titles and qualifications of each such person and the date on which each such title was granted or each such qualification was certified.
2. (2) In every year in which such statement has not been published, the Registrar shall cause to be printed and published on or before a date fixed as aforesaid, a supplementary statement containing :-
   • (a) the particulars specified in clauses
   • (a) to
   • (c) of sub-section (1), in the manner therein laid down, in regard to the persons whose names have been entered in the register during the year to which such supplementary statement appertains; and
   • (b) the names of any person removed from the register under any of the provisions of this Act during the said year.
3. (3) In any proceeding, it shall be presumed that every person entered in such statement is a registered practitioner and that any person not entered is not a registered practitioner: Provided that in the case of a person whose name has been entered in the register after the last publication of the statement, a certified copy, signed by the Registrar, of the entry of the name of such person in the register shall be evidence that such person is registered under this Act.

Penalty on unregistered persons representing that he is registered If a person whose name is not entered in the register falsely represents that it is so entered or uses in connection with his name or title any words or letters representing that his name is so entered he shall whether any person is actually deceived by such representation or not, be punishable on conviction by a Magistrate of the first class with fine which may extend to two hundred rupees.

Notwithstanding anything contained in any other provision, on and after the expiry of one year from the date from which Chapter V comes into force a person shall not be entered in the register unless he has passed a qualifying examination recognised by the Council.

Notwithstanding anything contained in any other law for the time being in force, every registered practitioner shall be exempt, if he so desires, from serving on any inquest or as a juror or assessor under the Code of Criminal Procedure, 1898.

The registered practitioners shall have the same privileges as the medical practitioners registered under the Bihar and Orissa Excise Act, 1915, or under any other law for the time being in force.

1. (1) Notwithstanding anything contained in any law for the time being in force, the expression "legally qualified medical practitioner or duly qualified medical practitioner" and all other expressions imparting that a person is recognised by Law as a medical practitioner or a member of the medical profession shall, in all enactments for the time being in force in the State of Orissa in so far as such enactments relate to any of the matters specified in the State List or the Concurrent List of the Seventh Schedule to the Constitution of India, be deemed to include a registered practitioner.
2. (2) A registered practitioner shall be eligible to hold any appointment as a member of the teaching staff of any recognised Ayurvedic College or as a Physician, Surgeon or other Medical Officer in any Ayurvedic Dispensary, Hospital, Infirmary or Lying-in-Hospital supported by or receiving a grant from the Government or in any public establishment, body or institution dealing with the Ayurvedic System of Medicine.
3. (3) A registered practitioner shall be entitled to-
   • (a) grant a certificate required under any law or rule having the force of law to be granted by any medical practitioner or medical officer ;
   • (b) sign or authenticate a birth or death certificate required by any law or rule to be signed or authenticated by a duly qualified medical practitioner ;
   • (c) sign or authenticate a medical or physical fitness certificate of such description as may be prescribed ; and
   • (d) give evidence at any inquest or in any court of law as an expert under section 45 of the Indian Evidence Act, 1872 on any matter relating to the Ayurvedic System of Medicine.