VIIREGISTRATION OF PRACTITIONERS
24. (1) The Board shall cause to be maintained in the manner
prescribed a register of practitioners resident in the Madhya Pradesh to be known as the
State resident in the Madhya Pradesh to be known as the State Register of Practitioners.
(3)The State register of practitioners
shall be in such form as may be prescribed, and shall contain the name, address and
qualifications of every registered practitioner together with the date on which such
qualifications were acquired.
(3) Such register shall
be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 (I
|Person who may
Every person possessing a recognized qualification shall be eligible for enrollment on the
State Register of practitioners on furnishing to the Registrar proof of such qualification
and on payment of such fee not exceeding one hundred rupees as may be prescribed.
(2) Every person applying
to have his name entered in the State Register of Practitioners shall satisfy the Board
that he possesses any qualifications which entitles him to claim registration under this
Act and he shall inform the Registrar of the date on which he obtained such qualification
and shall furnish such other information as may be required by the Registrar in order to
enable him to discharge his duties under this Act.
|26. If any
person whose name is entered in the State register of practitioners obtains any title,
diploma or other qualification in Ayurvedic or Unani system of medicine or Naturopathy he
shall, on application made in this behalf in the prescribed manner and on payment of a fee
of five rupees be entitled to have an entry stating such other title, diploma or other
qualification made against his name in the State register of practitioners either in
substitution for, or in addition to, any entry previously made.
|27. If the
courses of study to be undergone for obtaining a recognized qualification 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 application made by him in
this behalf, be granted provisional registration in the State register of practitioners in
order to enable him, to practice medicine in an approved institution for the aforesaid
|28.(1) The Board shall cause
to be prepared a list of persons?
a.who were registered in pursuance of the provisions of any of the Acts repealed under
section 14 but do not possess any recognized qualification; or
b.who have been in regular practice of medicine in Ayurvedic or Unani System of medicine
or Naturopathy in the State for a period of not less than 5 years immediately before the
date specified under sub-section
(1) of section 3 (hereinafter in this section referred to as the "specified date and
such practice has been the sole means of earning their livelihood and who are not eligible
for registration under this Act or are not deemed to be enrolled on the State Register of
practitioner under clause (e) of sub-section(1) of section 44.
2.Any practitioner falling under sub-section (1) and desirous of getting his name
incorporated in the list referred to therein shall submit an application in the prescribed
form together with such fee not exceeding fifty rupees as may be prescribed to the
Registrar within two years from the specified date:
Provided that the State Government may, by notification, for reasons to be specified
therein, extend the aforesaid period by a further period not exceeding six months.
(3) The Board shall, after making enquiry--
a.with respect to the person falling under clause (a) of sub-section (1), as to the fact
of their registration in pursuance of the provisions of any of the Acts repealed under
b.with respect to the persons falling under clause (b) of sub-section (1) as to the fact
of their practicing medicine in Ayurvedic or Unani System of Medicine or Naturopathy in
the State s stated in the said clause; and on being satisfied that the applicant fulfils
the requirements set out in clause (a) or (b) of sub-section (1), as the case may be,
incorporate the name of the applicant in the list.
(4) The person whose name is included in the list prepared under this section shall be
entitled to all the privileges of a registered practitioner specified in sub section (2)
of section 33.
(5) The Registrar shall, as soon as may be after the expiry of the period specified in
sub-section (2) or such further period as may be extended thereunder, publish the list of
persons prepared under sub-section (1) in the Gazette and the publication of such list
shall be conclusive evidence
of the eligibility of the person included therein to the privileges to which he is
entitled under sub-section (4).
list of persons in practice other
than those eligible for
registration or deemed to be
enrolled on State Register
|27.The Board may, upon
reference from the Registrar or otherwise, prohibit the entry in, or order the removal
from, the State Register of practitioners or the list maintained under section 28, the
name of any person?
(a).who has been sentenced by a Criminal
Court to imprisonment for an offence indicating in the opinion of the Board such a defect
in the character as would render the enrollment or continuance of his name in the register
or list, as the case may be, undesirable; or
(b).whom the Board after inquiry, which may at the discretion of the Board be held in
camera, found guilty of professional misconduct by a majority of two thirds of the members
present and voting at the meeting;
(c).who the Board, after enquiring into his objections, if any, found to have fraudulently
obtained registration in the State register of practitioners or enrollment in the list
maintained under section 28.
(2) The Board may direct the removal altogether or for a specified period from the State
Register of practitioners or the list, as the case may be, of the name of any registered
practitioner or an enlisted practitioner under sub-section (1).
(3) The Board may direct that any name removed under sub-section (2) shall be restored
subject to such condition, if any, which the Board may deem fit to impose.
1.The Board shall cause the list maintained under section 28 to be revised as such
intervals and in such manner as may be prescribed.
|Power of Board
to prohibit entry in or to direct removal from State Register of Practitioners or list.
||31. For the
purpose of any enquiry under sections 25, 28 and 29, the Board shall be deemed to be a
Court within the meaning of the Indian Evidence Act, 1872 (1 of 1972), and shall exercise
all the powers of a Commissioner appointed under the Public Servants (Inquiries) Act, 1850
(37 of 1850), and such enquiries shall be conducted, as far as may be in accordance with
provisions of section 3 and section 8 to 20 of the Public Servants (Inquiries) Act, 1850.
(37 of 1850).
||32. (1) An
appeal shall lie to the State Government against every decision of the Board under
sections 25, 28 and 29.
1.Every appeal under sub-section (1) shall be preferred within three months from the date
of the receipt by the party concerned of a copy of such decision.
|33. (1) Notwithstanding
anything contained in any law for the time being in force, the expression "legally
qualified medical practitioner" or "duly qualified medical practitioner" or
any word or expression importing a person recognized by law as a medical practitioner or
as member of the medical
profession shall in all Acts of the Legislature of Madhya Pradesh and in all Central Acts
in their application to Madhya Pradesh in so far as such Acts relate to any of the matters
specified in List II or List III of the Seventh
Schedule to the Constitution of India include a registered practitioner.
2.Subject to the conditions and restrictions laid down in this Act regarding medical
practice by persons possessing recognized qualification every person whose name is for the
time being borne on the State Register of practitioners shall be entitled, according to
his qualifications to practice within the State as a medical practitioner and to recover
in due course of law in respect of such practice, any expenses or charges in respect of
medicaments or other appliances or any fee to which he may be entitled.
(3) A certificate required by any Act to be given by a medical practitioner shall be valid
if such certificate has been given by a registered practitioner.
(4)A registered practitioner shall be eligible to hold any appointment as a physician,
surgeon or other medical officer in any Ayurvedic or Unnai Or Naturopathy Dispensary,
Hospital, infirmary or lying in Hospital supported by or receiving a grant from the State
Government and treating patients according to the Ayurvedic or Unani system of Medicine or
Naturopathy in any public establishment, body or institution in which such system of
medicine is practiced