Registration and fees for registered and listed Homoeopathic practitioners

(1) There shall be two categories of Homoeopathic Practitioners, (i) 'registered Homoeopathic Practitioners, and (ii) 'listed Homoeopathic Practitioners'. (2) A registered Homeopathic Practitioner shall be-(a) one who passes a qualifying examination under Section 30 or Section 31; (b) one who is a Homoeopathic Practitioner holding a degree of a foreign country which entities him to practise Homoeopathy subject to the condition that the institution is approved as suitable for the purpose by the Board; (c) one who is a Homoeopathic Practitioner who has successfully gone through at least a four-year-course in any Homoeopathic Institution recognised by the State in which the institution is situated and holding a diploma or a certificate from that institution, subject to the condition that the standard of qualification is not lower than the standard that would be required for the registration by the Orissa State Board of Homoeopathic Medicine; (d) one who proves that he has been practising regularly and efficiently as a whole-time practitioner of the Homoeopathic system of medicine for a period of not less than ten years prior to the date of the commencement of this Act, the proof of such regular and efficient practice being tested by the Board in the manner it deems fit; or (e) one who, in the opinion of the Board, is of sufficient reputation and ability and is well-known for his skill in his profession and has been practising the Homoeopathic system of medicine for a period of not less than ten years prior to the commencement of this Act and who has applied for the registration of his name in the register before such date as may be notified in this behalf by the State Government in the Gazette. (3) A listed Homoeopathic Practitioner' shall be-(a) one who has been practising Homoeopathic system of medicine regularly for at least three years at the time when the first Board is constituted ; provided that the Board is satisfied that he has been practising as such ; or (b) one who although does not come under Clause (a) passes an examination, the standard of which shall be formulated by the Board. (3-a) No person shall, unless he has attained the age of majority by the date of application referred to in Sub-section (4), be enrolled either as a 'registered Homoeopathic Practitioner' or as a 'listed Homoeopathic Practitioner'. (4) (a) Notwithstanding anything contained in this Act, on and after the commencement of the Orissa Homoeopathic (Amendment) Act, 1994 no person save as provided in Clause (b), shall be registered-(i) as a listed Homeopathic Practitioner, or (ii) as a registered Homoeopathic Practitioner, unless he possesses any medical qualification included in the Second or Third Schedule to the Homeopathic Central Council Act, 1973. (b) Any person who, on the date of commencement of the Orissa Homoeopathic (Amendment) Act, 1994, validly continues as a listed Homoeopathic Practitioner or registered Homoeopathic Practitioner shall, if he intends to so continue, make an application in the prescribed form and manner to the Registrar for fresh registration as such. (c) A person, other than a listed Homoeopathic Practitioner or registered Homoeopathic Practitioner, who possesses any medical qualification referred to in Sub-clause (ii) of Clause (a) and intends to practise Homoeopathy, shall make an application in the prescribed form and manner to the Registrar for registration as a Registered Homoeopathic Practitioner. (d) The Registrar shall, if he is satisfied on receipt of an application-(i) under Clause (b), that the person validly continues as a listed or registered Homoeopathic Practitioner as provided in that clause, cause his name to be entered in the register as a listed Homoeopathic Practitioner or registered Homoeopathic Practitioner, as the case may be ; or (ii) under Clause (c), that the person is qualified to be registered as a registered Homoeopathic Practitioner, cause his name to be entered in the register as a Registered Homoeopathic Practitioner, subject to payment of such fees in such manner as may be prescribed. (e) Every person, whose name is so registered under Clause (d), shall be provided with a licence in the prescribed form to practise Homoeopathy in the State which shall remain valid for the entire lifetime of the person unless his name is removed from the register under any of the provisions of this Act. (f) Notwithstanding anything contained in this Act, if any person, who validly continues as a listed Homoeopathic Practitioner or registered Homoeopathic Practitioner on the date of commencement of the Orissa Homoeopathic (Amendment) Act, 1994, falls, without reasonable cause, to obtain a fresh licence in accordance with the provisions of this section before the expiry of-(i) the period for which he paid his annual fees or, as the case may be, the last annual renewal fees ; or (ii) a period of six months from the date of such commencement whichever is later, his name shall be deemed to have been removed from the register with effect from such later date. (5) The names of persons whose names have been so entered in the registers and the names of those whose applications have been rejected shall be published by the Registrar in the Gazette.