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Section 39: Qualified practitioner's certificates

The United Provinces (Indian Medicine) Act, 1939State Act of Uttar Pradesh · Act 10 of 1939

Notwithstanding anything contained in any law for the time being in force

(1) The expression legally qualified medical practitioner or duly qualified medical practitioner or any word importing that person is recognized by law as medical practitioner or member of medical profession shall, in all Acts in force in [Uttar Pradesh] and in all [Central Acts] in their application to [Uttar Pradesh] in so far as such Acts relate to any of the matters specified in List II ro List III in the Seventh Schedule to [the Constitution] be deemed to include a registered practitioner.

(2) A certificate required under any law or rule having the force of law from any medical practitioner or medical officer shall be, valid, if such certificate has been granted by a registered practitioner.

(3) A registered practitioner shall be eligible to hold any appointment as a physician or other medical officer in any Ayurvedic or Unani dispensary, hospital, infirmary or lying-in-hospitals supported by or receiving a grant from the [State Government] or in any public establishment, body or institution dealing with such systems of medicine.

(4) A registered practitioner shall be entitled to

(a) sign or authenticate a birth or death certificate required by any law or rule to be signed or authenticated by a duly qualified medical practitioner ;

(b) sign or authenticate a medical or physical fitness certificate required by any law or rule to be signed or authenticated by a duly qualified medical practitioner ;

(c) give evidence at any inquest or in any Court of Law as an expert under section 45 of the Indian Evidence Act, 1872 on any matter relating to medicine, surgery or midwifery.

[(d) The registered practitioners of Ayurvedic or Unani System of Medicine holding the qualifications mentioned in the Second Schedule to the Indian Medicine Central Council Act, 1970 (Act no. 48 of 1970) shall be eligible to practice the modern system of medicine known as allopathic medicine to the extent of training they have received in the system and notified by the State Government along with the Ayurvedic or Unani Medicine in which they are registered in the State Register. ]

Where this provision sits

ActThe United Provinces (Indian Medicine) Act, 1939
Section39
Marginal noteQualified practitioner's certificates
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted. . Subs. by A. O. 1950 for (United Provinces.)
  • substituted. . Subs. by A. O. 1950 for (Acts of the Central Legislature.)
  • substituted. . Subs. by ibid for the [Government of India Act, 1935.]
  • substituted. . Subs. by A. O. 1950 [Provincial Legislature.]
  • inserted. . Ins. by sec. 2 of U. P. Act no. 10 of 2015.

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