Chapter III Staff and Registration

(1) The Board shall, with the previous approval of the State Government appoint a Registrar: Provided that the final appointment of the Registrar may be made by the State Government. (2) The Registrar shall receive such salary and allowances and shall be governed by such other conditions of service as may be prescribed. The Chairman may from time to time grant to the Registrar leave and may appoint a person, with the sanction of the State Government to act in his place during his leave or absence: and any person so appointed to act as Registrar shall be deemed to be the Registrar for the purposes of this Act. (3) An appeal shall lie to the State Government from every order of the Board or its Chairman punishing or removing any person from the office of the Registrar. (4) The Registrar shall also be the Secretary and the executive officer of the Board. (5) The Board may appoint such other officers and servants as may be necessary for carrying out the purposes of this Act. (6) All questions relating to the number, designations, pay and allowances, recruitment, promotions, leave, provident fund and other conditions of service of the officers and servants appointed under sub-section (5) shall be governed by rules made by the State Government. (7) The Registrar and any other office or servant appointed under this section shall be deemed to be a public servant within the meaning of section 21 of Indian Penal Code, 1860 (Central Act 45 of 1860).

(1) The Board shall, within one and a half year of its constitution, cause to be prepared a register of homoeopaths. (2) The register shall be kept and maintained by the Board in such manner as may be prescribed.

(1) Subject to the provisions of this Act and subject to any general or special orders of the State Government or the Board, as the case may be, it shall be the duty of the Registrar, to keep and maintain the register and discharge such other functions as are required to be discharged by him under this Act or by any rules or regulations made thereunder. (2) The Registrar shall, so far as practicable, keep and maintain the register correct and up-to-date and may from time to time enter therein any material alterations in the addresses or qualifications of the registered Homoeopaths. He shall also remove from the register the names of the registered homoeopaths who die or who cease to be qualified as such.

(1) Every person, possessing any of the qualifications mentioned in the schedule, shall, subject to the provisions of this Act, be entitled to have his name entered in the register. (2) Notwithstanding anything contained in sub-section (1), every practitioner who proves in the prescribed manner that he has been in regular practice of the Homoeopathic system of medicine in the State for a period of not less than three years immediately preceding the date of commencement of this: Act, shall on an application made by him within one and a half year of such commencement for the registration of his name in the register be, subject to the provisions of this Act, entitled to have his name entered in the register. Provided that applications delivered to any post office in India or outside within the time prescribed above, shall be considered to have been made within the prescribed time. (2A) For the removal of doubts, it is declared that it shall be lawful for the Registrar to review such applications, on his own motion or an application made to him, as were rejected on the ground of not having been made within the prescribed time. (3) An application for registration under sub-section (1) or (2) shall be accompanied with a registration fee of Rs. 50/-. Such fee shall not be refundable under any circumstances. (4) Application for registration shall be made to and disposed of by the Registrar. (5) Any person aggrieved by the decision of the Registrar regarding the registration of any person or the making or removal of any entry in the register, may within ninety days from the date of such decision or within such extended time as the Board may upon sufficient cause allow, appeal to the Board. (6) Such appeal shall be heard and decided by the Board in the prescribed manner. (7) The Board may, on its own motion or on the application of any person and after calling for an explanation from the person concerned and considering the same, cancel or alter any entry in the register, if in the opinion of the Board, such entry was fraudulently or incorrectly made or obtained.

(1) Every registered Homoeopath shall be entitled to practice for a period of three years from the date on which his name has been registered and if he desires to continue to practice after the expiry of the said period, he shall, upon an application made to the Registrar along with a renewal fee of twenty-five rupees for every period of three years, be entitled to the continuance of his name in the register. (2) If the renewal fee is not paid before the due date, the Registrar shall remove the name of the defaulter from the register: Provided that the name so removed may be restored to the register on payment of the renewal fee in such manner and subject to such conditions as may be prescribed.

If the Board is satisfied- (a) that any title or degree granted or qualification certified by a University, medical corporation, examining body or other institution in or outside India is sufficient guarantee that persons holding such title, degree or qualification possess the knowledge and skill requisite for the efficient practice of Homoeopathy, or (b) that such a title, degree or qualification is not a sufficient guarantee as aforesaid, it may direct- (i) in case (a), that the possession of such title, degree or qualification shall, subject to the provision contained in this act and on payment of such fee as may be prescribed entitle a person to have his name entered in the register, or (ii) in case (b) that the possession of such title, degree or qualification shall not entitle a person to have his name entered in the register.

The Board shall have power to call upon the governing body or authority of a medical corporation, examining body or other institution, included or desirous of being included in the Schedule- (a) to furnish such reports, returns or other information as the Board may require to enable it to judge the efficiency of the instructions given therein in homoeopathy, and (b) to provide facilities to enable a member of the Board deputed by it in this behalf to be present at the examination held by such medical corporation, examining body or other institution.

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 entitles him to claim registration under this Act and shall also furnish any other information required by the Registrar in order to enable him to discharge his duties under the Act.

If a person whose name is entered in the register obtains any title, degree or qualification other than the title, degree or qualification in respect of which he has been registered, he shall on payment of such fee not exceeding rupees five as may be prescribed be entitled to have an entry stating such other title, degree, or qualification made against his name in the register, either in substitution for, or in addition to, any entry previously made.

(1) The Board may prohibit the entry in or order the removal from, the register of the name of any Homoeopath- (a) who has been sentenced by a court in India to imprisonment for an offence declared by the State Government to involve such moral turpitude as would render the entry or continuance of his name in the register undesirable, or (b) whom the Board or a committee of the Board specially authorised for the purpose, after enquiry (at which an opportunity has been given to him to be heard in his defence and to appear either in person or by counsel) and which may, in the discretion of the Board, be held (in camera) has found guilty of professional misconduct or other infamous conduct by a majority of at least two-third of the members present and voting at the meeting. (c) who has been found by the Board or a Committee of the Board specially constituted for this purpose, after an enquiry and after giving the person concerned an opportunity of being heard, to have obtained registration fraudulently or by submitting false or forged or incorrect document or on the basis of mis-representation or by the use of deceitful and dishonest means. (2) The name of any person, against whom an order has been made under clauses (a) and (b) of sub-section (1) shall be entered or re-entered in the register, as the case may be, after 6 years from the date of such order.

(1) Every Registrar of Death who receives notice of the death of a person whose name he knows to be entered in the register of homoeopaths shall forthwith transmit by post to the Registrar of the Board a certificate of such death, signed by him and stating particulars of the time and place of death. (2) On receipt of such certificate or other reliable information regarding such death, the Board shall erase the name of the deceased person to be erased from the register.

For the purpose of any inquiry held under clause (b) of sub-section (1) of section 36, the Board or the Committee, as the case may be, shall exercise the powers of a Commissioner appointed under the Public Servants (Inquiries) Act, 1850, of the Central Legislature 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, to any order passed during the course thereof and to any appeal from such order.

(1) The Registrar shall, in every year and from time to time as occasions may require, on or before a date to be fixed in this behalf by the Board, cause to be published, in the Official Gazette and in such other manner as the Board may prescribe, a full or supplementary list arranged in alphabetical order of the names for the time being entered in the register and setting forth- (a) the registered address and appointment held by, or actual employment of, each person whose name is entered in the register: (b) the registered titles, degrees and qualifications of each such person and the date on which such title or degree was granted or qualification certified: Provided that the Registrar shall from time to time get published in the Official Gazette the names of such registered Homoeopaths whose names have been duly removed from the register under any provision of this Act. (2) In any proceeding it shall be presumed that every person entered in such list is a registered Homoeopath: Provided that in the case of a person whose name has been entered in the register after the last publication of the list, 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 and such certificate shall be issued free of charge.