(1) As soon as may be after the appointed day, the Registrar shall prepare and maintain thereafter a register of Ayurvedic and Unani practitioners for the State, in accordance with the provisions of this Act.
(2) The register shall be in the prescribed form and there shall be one register consisting of tyro parts. Part I shall include the names of registered practitioners possessing any of the recognised qualifications and Part II shall include the names of regisetered practitioners other than those included in Part I.
(3) Every person who possesses any of the qualifications specified in the Schedule shall, at any time on an application made in the prescribed form to the Registrar and on payment of a fee of ten rupees, be entitled to have his name entered in the register.
(4) Notwithstanding anything contained in sub-section (3) the name of every person who on the day immediately preceding the appointed day stood registered in any register kept under the Bombay Medical Practitioners' Act, 1938 in its application to the Bombay area of the State or the said Act as adapted and applied to the Saurashtra area of the State or under any other corresponding law shall be entered in the register prepared under this Act without such person being required to make an application or to pay any fee.
56[(5) Any person not being a person qualified for registration under sub-section
(3) or (4) who proves to the satisfaction of the Committee appointed under subsection (8) that he had been regularly practising the Ayurvedic or Unani system of medicine—
(i) in the Bombay area of the State of Gujarat on the 4th November 1941 but his name was not entered in the register maintained under the Bombay Medical Practitioners' Act, 1938, or
(ii) in the Saurashtra area of the State of Gujarat on the 1st November 1951 but his name was not entered in the register maintained under the Bombay Medical Practitioners' Act, 1938 as adapted and applied to the said area.
XLV of 1860.
Preparation of register.
Bom. XXVI of
1938.
Bom. XXVI of
1938.
Bom. XXVI of
1938.
Gujarat Medical Practitioners' Act, 1963 Guj: 1964 VI 11 of 27 shall, on an application made in the prescribed form within a period of four years from the appointed day and accompanied by a fee of ten rupees and the prescribed documents, be entitled to have his name entered in the register.]
(6) Any person not being a person qualified for registration under sub-section (3) or (4) who proves to the satisfaction of the Committee appointed under subsection (8),—
(a) that he has been regularly practising the Ayurvedic or Unani system of medicine in a merged territoty or a merged area for a period of not less than ten years before the 1st May, 1956, or
(b) that he has been regularly practising the Ayurvedic or Unani system of medicine in the Kutch area of the State for a period of not less than ten years before the appointed day, shall, on an application made in the prescribed form within a period of one year from the appointed day and accompanied by a fee of ten rupees and the prescribed documents be entitled to have his name entrered in the register.
Explanation.—In this sub-section,—
(1) the expression "merged territory" means the area of a merged State as defined in the Bombay Merged States (Laws) Act, 1960 and included in the State of Gujarat from the 1st May 1960 and
(2) the expression "merged area" means any area included in the then existing province of Bombay by the Bombay (Enlargement of Area and Alteration of Boundaries) Order, 1947 or the Bombay (Enlargement of Area and Alteration of Boundaries) Order, 1948 or as the case may be the Bombay (Enlargement of Area and Alteration of Boundaries) (Amendment) Order, 1948 and included in the State of Gujarat from the 1st May 1960.
(7) Any person, not being a person qualified for registration under sub-section
(3), (4) or (6) who proves to the satisfaction of the Committee appointed under sub-section (8)—
(a) that he has been regularly practising the Ayurvedic or Unani system of medicine for a period of not less than ten years immediately before the appointed day and that his name continued to be included in the list kept under section 18 of the Bombay Medical Practitioners' Act, 1938 in its application to the Bombay area of the State or of the said Act as adapted and applied to the Saurashtra area of the State for the period as aforesaid, or
(b) that he has been regularly practising the Ayurvedic or Unani system of medicine as an enlisted practitioner, and—
(i) that he has been practising that system as such practitioner for not less than ten years, in any part of the State, or
(ii) that the aggregate of the period for which he has been regularly practising that system as such practitioner and the period for which he had been in regular practice of that system immediately before his name was entered in the list prepared under this Act, by virtue of his name having been entered in the list kept under section 18 of the Bombay Medical Practitioners' Act, 1938 in its application to the Bombay area of the State or of the said Act as adapted and applied to the Saurashtra area of the State, in any part of the State, is not less than ten years, shall, on an application made in the prescribed form and accompanied by the prescribed fee and the prescribed documents, be entitled to have his name entered in the register.
(8) All applications for registration under sub-section (5), (6) or (7) shall be considered by a Committee of three members of the Board appointed by the State Government. The Committee shall make inquiry in respect of such Bom. IV of 1950.
Bom. XXVI of
1938.
Bom. XXVI of
1938.
Gujarat Medical Practitioners' Act, 1963 Guj: 1964 VI 12 of 27 applications in the prescribed manner.
(9) Any person aggrieved by a decision of the Committee appointed under subsection (8) may, within a period of one month from the date on which such decision is communicated to him on payment of a fee of Rs. 5 appeal to the appellate authority constituted by the State Government in this behalf. The appellate authority shall consist of a Chairman who has for at least seven years held judicial office not lower in rank than that of a District Judge, one member elected by the Board, and the Director of Ayurved, Gujarat State. The decision of the appellate authority shall be final.
Explanation.—In this sub-section the expression "District Judge" shall Lave the same meaning as is assigned to that expression, in article 236 of the Constitution.
(10) The register shall include the following particulars, namely :—
(a) the full name and residential asddress of the registered practitioner ;
(b) the date of his admission to the register maintained, under this Act;
and if he be a person who was, on the day immediately preceding the appointed day, registered in a register kept under any of the laws referred to in sub-section (4), the date of his admission to that register;
(c) the qualifications specified in the Schedule possessed by him, if any, and the date on which he obtained each qualification and the authority which conferred or granted it; and
(d) such further particulars as may be prescribed.
(11) When the register is prepared in accordance with the foregoing provisions, the Registrar shall publish in the Official Gazette and such newspapers as the Board may select a notice stating that the register containing the names of practitioners entered therein up to the date specified in the notice has been prepared.
(12) (a) Every registered practitioner shall be given a certificate of registration in the prescribed form. He shall display the certificate of registration in a conspicuous place in his dispensary, clinic or place of practice.
(b) Such certificate shall be valid only till the name of the registered practitioner is not removed from the register.