(1) Notwithstanding anything contained in section 15 and 20, on such date, after the date of publication of the notice under sub-section 5 of section 15, as the Executive Committee may, with the previous sanction of the Government, decide, and every five years thereafter, the Registrar shall cause two notices in the prescribed form to be published, at an interval of not less than thirty days in the official gazette calling upon in the manner provided in sub-section (2) on registered practitioner to make an application to the registrar for the continuance of their names of the register.
(2) The registrar shall, after the publication of the first notice under sub-section
(1), send a notice by registered post enclosing therewith the prescribed form of application to the registered practitioners at their addresses as entered in the register, calling upon them to return the application to the registrar for continuance of their names of the register within forty-five days of the date of the notice. If any of the registered practitioners fails to return such applications within the time specified, the registrar shall issue a further notice to such registered practitioner by registered post after the application of second notice under sub-section (1), enclosing therewith the prescribed form the application to the registrar for the continuation of his name on the register within thirty days of the date of the further notice with a fee as may be prescribed from time to time.
(3) If the application is not made on or before the date fixed by further notice sent by registered post under sub-section (2) the Registrar shall remove the name of the defaulter from the registrar and shall inform him of such removal by registered post :
Provided that if an application for continuance of the name so removed is made within a period of six months from the date fix by the said further notice by registered post under sub-section (2), the name so removed may be re-entered in the register on payment of the prescribed fee.
Appeals 23. (1) Any person aggrieved by any decision of the Registrar under this Act may, within the period of 1 month from the date on which the decision is communicated to him, appeal to the Council which shall hear and determine the appeal in the prescribed manner.
(2) Save as otherwise provided in the Indian Medical Conceal Act, 1956 (Central Act 102 of 1956), the decision of the Council under this Act shall be final.
Rights of registered practitioners
24. Notwithstanding anything contained in any law for the time being in force-
(i) The expressions ‘legally qualified’ medical practitioner ‘ or duly qualified medical practitioner’ or any word importing a person recognized by law as a medical practitioner or member of the medical profession shall in all acts of the Legislative Assembly of Uttarakhand and all the central Acts (in their application to Uttarakhand) in so far as such Acts relate to any matter with respect to which the legislative Assembly has power to make laws, under clause (3) of article 239 AA of the constitution, include a practitioner whose name is entered in the register under this Act:
(ii) Every registered practitioner shall be exempt, if he so desires from serving on an inquest.
General provision applicable to Medical practitioner
25. The provisions of this Act are in addition to, and not in derogation of the provision of the Indian Medical Council Act, 1956, (Central Act 102 of 1956) containing general provisions applicable to all medical practitioners.
Penalty for falsely claiming to be registered
26. If any person whose name is not for the time being entered in the register falsely represents that it is so entered, or uses in connection with his name or titled any word or letters reasonably calculated to suggest that his name is so entered, he shall, on conviction, be punished with minimum fine of Rs. 25,000 which may extended upto Rs. 50,000.
False assumption of medical practitioner or practitioner under this Act to be an offence
27. Any person who falsely assumes that he is a medical practitioner or practitioner as defined in clause (7) of section, 2 and practices the modern scientific system of medicine shall be punishable with rigorous imprisonment which may extend upto three years or with fine which may extend upto Rs.
50,000 (fifty thousand rupees) or with both.
Explanation: under this section punishment can be awarded only to Medical practitioner as defined in section 2(7) of this Act and no punishment may be awarded to any one practicing veterinary medicine or veterinary surgery or homeopathic or ayurvedic or siddha or the Unani System of medicine those holding BAMS or BIMS degree.
Court competent to try offence, under this Act and take cognizance of offence