CHAPTER III (PREPARATION AND MAINTENANCE OF REGISTER)

16 (1)
As soon as may be after the appointed day, the Registrar shall prepare and maintain thereafter a register of medical practitioners for the State, in accordance with the provisions of this Act.
Preparation of Register
(2)
The register shall be in such form, and be divided into such parts, as may be prescribed. The register shall include the full name, address, and qualifications of the registered practitioners, the date on which each qualifications was obtained, and such other particulars as may be prescribed.
 
(3)
Any person who possesses any of the qualifications specified in the Schedule to this Act or in the First, Second or Thired Schedule to the Indian medical Council Act, 1956, shall subject to any conditions laid down By or under the Indian Medical Council Act, 1956, at any time on an application made in the prescribed from to the Registrar and on payment of a fee of fifty rupees and on presentation of his degree, diploma, licence or certificate, be entitled to have his name entered in the register :

Provided that the name of an applicant who is unable to present his degree, diploma, licence or certificate may be entered in the register, if he satisfies the President that holds such degree, diploma, licence or certificate but cannot for sufficient cause present the same with his application.

 
(4) The name of every person-  
 
(a)
who, being entered, on or after the 1st May 1961 in the register duly kept under section 6 of the Bombay Medical Act, 1012 as in the Bombay area of the State ( hereinafter referred to as “the Bombay Area Register”) stands entered in the said register on the day immediately Preceding the appointed day, or
(b) Who stands entered in the registered in the register duly kept of Under section 6 of the Bombay Medical Act, 1912 as adapted and applied to the Saurashtra area of the State, on the day immediately preceding the appointed day.
 
(5)
(a) Every person, whose name was entered on a dare prior to the 1st May 1961 in the Bombay Area Register and continued in such register on the day immediately preceding the appointed say, shall be entitled to have his name continued in the register prepared under this Act in accordance with provisions of clause (b)
(b)
within a period of three months from the appointed day or such further period as the State Government may allow, the Registrar shall publish a general notice in the Official Gazette and in such newspapers, as the Council may select, in such from as may be prescribed, calling upon every person to whom clause (a) applies, to pay to the Registrar in the prescribed manner fee of a five rupees if he desires to continue his name on the register under this Act, and shall also send individual notice for a like purpose by registered post to every such person at his last known address in such from as may be prescribed. The name of every such person who pays such from before the expiry of the period of two months from the date of publication of the general notice in the Official Gazette shall be continued on the register, without such person being required to make an application or to pay any other fee for this purpose. If such fee is not paid within time, the Registrar shall remove the name of the defaulter from the register :

Provided that , if any application for continuance of the name so removed is made to the Registrar within a period of six months from the last date on which such fee should fee should have been paid, the name so removed may be re-entered in the register on payment of a fee of ten rupees.

 

(6) After the last date for payment of payment of the fee of five rupees under clause (b) of sub-section (5) has expired and the register prepared in accordance with the foregoing provisions is ready, the Registrar shall publish notice in the Official Gazette and such newspapers as
the Council may select,about the register having been prepared, and the register shall come into force the date of the publication of such notice in the Official Gazette.
(7) Every registered practitioner shall be given a certificate of registration in the prescribed form. The registered practitioner shall display the certificate of registration in a conspicuous part in the place of his practice and if he has more than one such place in any one of them.
17
(1) No person who possesses a medical qualification granted by any authority in any place outside the territory of India (other than the qualifications Council Act. 1956), shall be registered
under this Act, unless the procedure specified in sub-section (2) has been followed.
(2)
Any person, who holds any such medical qualification may apply to the Council for registration by giving a correct description of his degree diploma, licence or certificate. The Council shall transmit to the Central Government the application with its opinion whether the medical qualification possessed by the applicant should be included in Part II of the Third Schedule to the Indian Medical Council Act, 1956. If the medical qualification is so included in pursuance of the provisions of sub-section (4) of section 13 of that Act the Council may, subject to the provisions of that Act and on payment of a fee rupees, enter his name in the register under section 16.
 
18
  Notwithstanding anything contained in sections 16 and 17, no persons, whose name has been removed whether before or after the appointed day, from any register kept under this Act or any other law for the time being in force in India regulating the registration of medical practitioners on the ground of professional misconduct, shall be entitled to have his name entered in the register, unless, his name is duly ordered to be register from which it was so emoved.
 
19
(1) Any person who desires to be registered provisionally under section 2 of the Indian Medical Council Act, 1956, shall make an application in the prescribed from to the Registrar and shall pay a fee of five rupees.
(2) Every person whose name is entered in the register sub-section (1) shall be given a certificate of provisional registration in the prescribed form. Such certificate remain in force for such period as may be specified therein.
 
20
(1) It shall be the duty of the Registrar to make entries in the register, from time to time, to revise the same and to issue certificates of registration in accordance with the provisions of this Act and the rules made there under.
(2) The names of registered practitioners who die or whose names are directed to be removed from the register under section 22 shall be removed therefrom .
(3) Any person whose name is entered in the register and who subsequent to his registration desires to record in the register any change in his name shall, on an application made in this behalf and on payment of the prescribed fee be entitled to have such change in his name recorded in the register.
(4) Subject to the provisions of section 26 of the Indian Medical Council Act, 1956, any person whose name is entered in register and who subsequent to this registration obtains any additional qualification specified in the Schedule to this Act or in any of the Schedules to the Indian
Medical Council Act, 1956, shall on application made in this behalf, and on
Payment of the prescribed fee, be entitled to have an entry stating such additionall
Qualification made against his name in the register.
(5) Where it is shown to the satisfaction of the Registrar that a certificate of registration has been lost or destroyed, the Registrar may, on payment of the prescribed fee, issue a dublicate certificate.
 
21
(1) At such time after the Publication of the notice under sub-section (6) of section 16 as the Council deems fit, and thereafter every five years, the Registrar shall cause to be printed and published a correct list of all persons For the time being entered in the register.
(2) The Registrar shall cause to be printed and published annually on or before a date to be decided by the Executive Committee, an addendum and a corrigendum to the list published under sub-section (1) showing -
 
(a) the names of all persons for the time being entered or re-entered in the register, and not included in any subsisting list already printed and published :
(b) the names of all practitioners included in any subsisting list, whose names have since been removed on account of any reason whatsoever from and not re-entered in the register :and
(c) any other amendments to the subsisting list
(3) The from of the list published under sub-section (1), the particulars to be included therein, and the manner of its publication, shall be such as may be included therein, and the manner of its publication, shall be such as may be prescribed.
(4) A copy of the list referred to in sub-section (1), shall be evidence in all Courts, and in all judicial or quasi-judicial proceedings, that the persons there in specified are registered according to the provisions of this Act, and the absence of the name of any persons from such copy shall be evidence, until the contrary of is proved, that such person is not registered according to the provisions of this Act,
Provided that, in the case of any person whose name, dose not appear in such copy, a certified copy under the hand of the Registrar of the entry of the name of such person on the register shall be evidence that such person is registered under the provisions of this Act.
 
22
(1) If a registered practitioner has been, after due inquiry held by the Council or by the Executive Committee in the prescribed manner, found guilty any misconduct by the Council, the Council may-
 
(a) issue a letter of warning to such practitioner, or
(b) direct the name of such practitioner-
 
i to be removed from the register for such period as may be specified in the direction, or
ii to be removed from the register permanently. Explanation- For the purpose of this section a registered practitioner shall be deemed to be guilty of misconduct if –
 
(a) he is convicted by a criminal court for as offence which involves
moral turpitude and which is cognizable within the meaning of the Code
of Criminal Procedure, 1898, or
(b) he being subject to military law is convicted under the Army, Act
1950, for an offence which is cognizable within the meaning of the Code of
Criminal Procedure 1898, or
(c) in the opinion of the Council his conduct is infamous in relation
To the medical profession particularly under any Code of Ethics prescribed
by the Medical Council of India constituted under the Indian Medical
Council Act, 1956 in this behalf.
(2) If the name of any such practitioner is also entered in-
 
(a) the register or the list maintained under the Gujarat Medical Practitioner`s Act, 1963, or
(b) the register or the list maintained under the Gujarat Homeopathic Act, 1963.
it shall be the duty of the Registrar to give intimation of such removal to the
authority entitled to maintain the said register or the said list.
(3) If the name of the registered practitioner is also entered in the register or the list, as the case may be, maintained under any of the laws referred to in sub-section (2) and it is removed from the said register or the said list the Council shall if such removal comes or is brought to its notice, also remove the name of such registered practitioner from the register under this Act.
(4) The Council may, on sufficient cause being shown, direct at any subsequent date that the name of a practitioner removed under sub-section (1) or (3) shall be re-entered in the register on such conditions, and on payment of such fee, as may be prescribed .
(5) The Council may, of its own motion, or on the application of any person, after due and proper inquiry and after giving an opportunity to the person concerned of being heard, cancel or alter any entry in the register, if in the opinion of the Council, such entry was fraudulently or incorrectly made.
(6) In holding any inquiry under this section, the Council or the
Executive Committee, as the case may be, shall have the same powers as are
Vested in Civil Courts under the Code of Civil Procedure, 1908 when trying a suit, in respect of the following matters, namely :-
 
(a) enforcing the attendance of any person, and examining him on oath ;
(b) compelling the production of documents ;
(c) issuing of commissions for the examination of witnesses.
(7) All inquiries under this section shall be deemed to be judicial XLV
proceedings within the meaning of section 193, 219 and 228 of the of
Indian Penal Code.
 
(a) For the purpose of advising the Council or the Executive Committee, as the case may be, on any question of law arising in any inquiry under this section there may in all such inquiries be an assessor, who has been for not less than ten years –
 
(i) an advocate enrolled under the Adocates Act, 1961, or
(ii) an attorney of a High Court.
  Explanation :-For the purpose of this clause, in computing the period during which a person had been enrolled as an Advocate, there shall be included any period during which he was enrolled as an Advocate under the India Bar Councils Act, 1926
(b)
Where an assessor advice the Council or the Executive Committee, on any question of law as to evidence, procedure or any other matter, he shall do so in the presence of every party or person representing a party, to the Inquiry who appears thereat or if the advice is tendered after the Council or the Executive Committee has begun to deliberate as to its findings, every such party or person as aforesaid shall be informed if in any case the Council or the Executive Committee dose not accept the advice of the assessor on any such question as aforesaid.
 
23 Notwithstanding anything contained in section 16 and 21-  
 
(a) on such date after the date o publication of the notice
under sub-section (6) of section 16, as the Executive Committee may with previous sanction of the State Government decide, and every five years thereafter, the Registrar shall cause two notices in the prescribed from to be published, at an interval of not less than thirty days, in the Official Gazette calling upon in the manner provided in clause (b) all registered practitioners to make an application to the Registrar for the continuance of their names on the register,
(b) the Registrar shall, after the publication of the first notice under clause (a),send a notice by registered post enclosing therewith the prescribed form of application to the registered practitioners at their address as entered in the register, calling upon them to return the application to the Registrar for the continuance of their names on the registered within forty five days of the date of the notice, If any of the registered practitioners fails to return such application within the time specified, the Registrar shall issue a further notice to such registered practitioner by registered post after the publication of the second notice under clause (a) enclosing therewith the prescribed for the continuance of his name on the register within thirty days of the date of the further notice, together with a fee of rupees two ;

(c) If the application is not made on of before the date fixed by the further notice sent by registered post under clause (b) the Registrar shall remove the name of the defaulter from the register and shall inform him of such removal by registered post,

provided that if an application for continuance of the names so removed is made within a period of six months from the date fixed by the said notice sent by registered post of under clause (b) the name so removed may be re-entered in the register on payment of a fee of rupees five.

 
24
  Any person aggrieved by any decision of the Registrar under This Act may, within a period o one month from the date on which the decision is communicated to him, appeal to the Council which shall here and determine the appeal in the prescribed manner.
  Save as otherwise provided in the Indian Medical Council Act 1956 every decision of the Council under this Act shall be final.

 
25 Notwithstanding anything contained in any law for the time being in force. -
 
 
(i) the expression “legally qualified medical practitioner” or “duly qualified medical practitioner” or any word importing a person recognised by law as a medical practitioner or member of the medical profession shall in all acts of the State Legislature and in all Center Acts (in their application to the State) in so far as such Acts relate to any matters specified in List II or III in the Seventh Schedule to the Constitution of India, include a practitioner whose name is entered in the register under this Act,
(ii) every registered ractitioner shall be exempt, if he so desires, from serving on an inquest.
 
26
  The provisions of this Act are in addition to, and not in derogation of , the provisions of the Indian Medical Council Act, 1956 and of Chapter V of the Gujarat Medical Practitioners Act, 1963, containing general provisions applicable to all medical practitioners.