( 1) It shall be the duty of the Registrar .of the Com1cil to keep the register of registered practitioners in accordance with the provisions of this Act and of any orders made by the Council, and from time to time revise the register and publish in the Official Gazette and in such other manner as may be prescribed.
(2) Such register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 and may be proved by a copy published in the official Gazette.
Central Act-I of 187,2 Enrolment in 17. Subject to the other provisions contained in this Act the register of d f 1 £ b 'b d · h" the registered an on paymant o sue 1 ees as may e prescn e m t 1s practitioner .behalf by regulations made under section 34 an'y of the and. refus?l of medical qualifications referred to in the Schedule shall be registratton. recognised medical qualifications for enrolment in the register of registered prectitioners :
Provided that the Council may refuse to permit the registration of the name of any person -
(a) who has been sentenced by any competent court for any offence or any offence involving moral turpitude, such sentence not having been subsequently reversed or quashed, and such persons, disqualification an acco,unt of such not having been removed by an order whjch the State Government is hereby empowered to make, if it thinks fit, in this behalf or
(b) whom the Council after due enquiry and after giving the person an opportunity of being heard in person or through his pleader, has found guilty, by a majority or two-third of the members present and voting, on the ground of any professional misconduct or on any offenc~ involving moral turpitude.
R _egistration. 18. (1) Every person who applies to have his name entered in the Register of registered practitioners must satisfy the Registrar that:-
(a) he is possessed of the medical qualification granted by any University refen-ed to in the Schedule or;
THEASSAMGAZETIE. EXTRAORDINARY.MARCH30. 2000 312 - ' __
(b) he Is registered under any other Medical Registration _'.'.
Act and in that event - · '
(i) must correctly inform th,e Registrar the da~e of such registration, and r .,. •
(ij) must furnish the Registrar with a corre~t statement of the medical diplomas, titles oi· qualifications in respect of 'which he is so registered, and of the dates on which he obtained them, or ' . , (c) he is not registered under any Medical Registration Act and in that event must cotTectly inform the Registrar of the dates on which he obtained tht1 titles, Medical diplomas or qualifications which entitle him to claim registration under this Act and the re,asons why he is not so registered. , .
I J
(2) Once a practitioner has been granted registration by the Council, he shall be bound tq quote his registration number in all correspondences made by him in connection with his medical profession.
Registration 19. Ifany person whose name is entered in the register of a~~itio~al of registered practitioners obtains any medical qualification qualifications. other than the qualifications in respect of which he has been registered, .he shall, on payment of such fee as may be provided by regulations made in this behalf under section 34, be entitled to have such qualifications entered against his name in the register, if such qualification be a qualification referred to in the Schedule1 either in substitution for or in addition to any previously made.
Disposal of 20. All fees received by the Council under this Act shall fees. be utilised for the purpose of this Act in accordance with such rules as may be prescribed.
Appeal against the decision of the Registrar.
_ 21. If any person is dissatisfied with the decision of the Registrar refusing to enter the name or qualifications of such person in the register of registered practioners he may, at any time within three months from the date of such decisiqn, appeal to the Council, whose decision thereon shall be final.
1· 313 THE ASSAM GAZETTE. EXTRAORDINARY. MARCH 30. 2000 Erasure of fraudulent and incorrect entries.
Removal or re-entry of the names from the register.
Effect of removal of names from register.
Appeal against the decision of Council.
Protection of action · taken in good faith.
Notice of death and erasure of names from register.
. '
22. Any entry in the register of registered practitioners which is proved to the satisfaction of the Council to have been fraudulently or incorrectly made may be erased under order, in writing, of the Council. · 1
23. '(1) The Council may direct the removal altogether or for a specific period from the register of the names of any registered practitioner for the same reasons for which registration may be refused by the Council under section 17 and the conditions mentioned in clause (b) of se,ction 17 shall apply to any enquiry under this section. ·
(2) The Council may also direct that any names so removed shall be restored.
24. A .registered practitioner whose name has been removed from the' register under sub-section (1) of section 23 shall forthwith surrender his certificate · of registtation to the Registrar and the name so removed shall · be published in the Official Gazette. ·•· · , , ,j
(2) If the name; of registered practitionePremoved under,, sub-section (1) of section 23 is afterwards re-.entered in the register as provide,d in sub-section (2) of that section the. fact ·;
of such.-re-entry be published in the Official Gazette and the certificate of registration shall be returned to the registered practitioner.
25. An appeal shall lie with the State Government against every decision: of the Council under section 17 or section 2'.l Such appeal shall be preferred within three months from the · date of the decision of the Council.
26. No suit or other legal proceeding shall lie in 'respect of any act done in good faith in the exercise of any power conferred by this Act on the State Government or the Council or any Committee of the Coupcil or the Registrar.
27 (1) Every Registrar of Births and Deaths, who .
receives notice of death of any medical practitioner, shall forthwith transmit to the Registrar of the Council a certificate . ' .. ·~ . ··.
,, ..
\ THE ASSAM GAZETTE. EXTRAORDINARY. MARCH 30. 2000 314 Penalty on unregistered person re presenting that he is registered.
Penalty for failure to surrender certificate of registration.
Validity of medical certificate.
of such death, signed by him and stating particulars of the time and place of death. · ;
(2) On receipt of
(a) any such certificate, or
(b) any other reliable infonnation regarding such death the Registrar of the Council shall erase the name of the deceased person from the register.
28. If any person, whose name is not entered in the register of registered practritioners, falsely represents that it is , entered, or uses in cdnnectior vyith his nalne or title , any words or letters representing that his name is so entered, he shall, irrespective of whether any person is actually decieved by such representation or not, be punishable, 011 conviction , by a Magistrate of the First Class, with fine which may extend to three hundred rupees in the first instance and in the case of a subsequest conviction with fine whic'h may extend .
to three thousand rupees and imprisonment which may extend to three years. · ''·· ' 29 (1) If any registered practitioner whose name has been removed from the. register under sub-section (1) of section 23 fails, without sufficient cause forthwith to surrender his , registration, he shall be punishable with a fine which may extend to five hundred rupees.
{2) Cognizance of an offence punishable under this section shall not be taken except upon complaint made,by on order of the Council.
30. No certificate required to be given by any medical practitioner or Medical Officer under any Assam Act or any Act of the Central Legislature. in force in Assam, shall be valid unless such practitioner or officer is registered tinder , this Act.
I• r 315 THE ASSAM GAZEITE. EXTRAORDINARY. MARCH 30, 2000 Unregistered persons not to hold cer tain appoint ment and practice medi cine etc. and penalty for contravention thereof.
Publication and use of annual medical list.