Section 17 in The Maharashtra Medical Practitioners Act, 1961
17. Preparation of Register.
(1)As soon as may be after the appointed day, the Registrar shall prepare and maintain thereafter a register of [practitioners of Indian Medicine] [These words were substituted for the words 'Ayurvedic and Unani Practitioners' by Maharashtra 23 of 1982, Section 21(a).] for the State, in accordance with the provisions of this Act.(2)The register shall be divided into [three parts,] [These words were substituted for the words 'two parts' by Maharashtra 30 of 1979, Section 7(a)(1)] namely:-(i)Part I containing the names of practitioners who possess any of the qualifications specified in the Schedule;(ii)[ Part II containing the names of practitioners, whose names were included in that part immediately before the 1st day of October 1976; [Clauses (ii) and (iii) were substituted for the original clause (ii) by Maharashtra 30 of 1979, Section 7(a)(ii)](iii)Part III containing the names of practitioners, who on the 30th day of September 1976 were enlisted practitioners and who are on that day deemed to have become registered practitioners under section 18.]Each part shall consist of one or more sections as the State Government may specify in this behalf.(3)Every person who possesses any of the qualifications specified in the Schedule shall, at any time on an application made in the form prescribed by rules, to the Registrar and on payment of [such fees as the State Government may, by notification in the Official Gazette, specify,] [Substituted 'a fee of five hundred rupees,' by Maharashtra Act No. 59 of 2018, dated 20.8.2018.] be entitled to have his name entered in the register.(3A)[ Notwithstanding anything contained in any law for the time being in force, every per enrolled on the register maintained under the Indian Medicine Central Council Act, 1970, but not enrolled on the register maintained under this Act, shall, on an application and on payment of the fee as provided in sub-section (3), be entitled to have his name entered in the register maintained under this Act.] [Sub-section (3A) was inserted by Maharashtra 30 of 1979, Section 7(b).](4)The name of every person who on the day immediately preceding the appointed day stood registered in any register kept under,-(a)the Bombay Medical Practitioners' Act, 1938, as in force in the Bombay area of the State; or(b)the Central Provinces and Berar Ayurvedic and Unani Practitioners' Act, 1947, as in force in the Vidarbha region of the State; or(c)the Medical Act, as in force in the Hyderabad area of the State;shall be entered in the register prepared under this Act without such person being required to make an application or to pay any fee.(5)Any person, rot being a person qualified for registration under sub-section (3) or (4), who proves to the satisfaction of the Committee appointed under sub-section (6),-(i)that he had been regularly practicing the Ayurvedic or the Unani system of medicine in the Vidarbha region or the Hyderabad area of the State, for a period of not less than ten years immediately before the 23rd day of November 1960; or(ii)that he was on the 4th day of November 1941 regularly practicing the Ayurvedic or the Unani system of medicine in the Bombay area of the State, but his name was not entered in the register maintained under the Bombay Medical Practitioners' Act, 1938; [or [Clause (iii) was inserted by Maharashtra 17 of 1965. Section 5(a)(i).](iii)that his name had been entered in the list kept under section 18 of the Bombay Medical Practitioners' Act, 1938, by virtue of paragraph (ii) or (iii) of sub-section (1) of section 31C inserted in that Act by the Bombay Medical Practitioners' (Amendment) Act, 1949, and stood included, on the day immediately preceding the date of the commencement of the Maharashtra Medical Practitioners' (Amendment) Act, 1964, in the list maintained under this Act, by virtue of clause (a) of sub-section (2) of section 18,]shall, on an application made in the form prescribed by rules, accompanied by a fee of ten rupees and such documents as may be prescribed by rules, [on or before the 31st day of March 1965] [These words were substituted for the words 'within a period of two years from the appointed day' by Maharashtra 17 of 1965, Section 5(a)(ii).], be entitled to have his name entered in the register.(6)All applications for registration under sub-section (5) shall be considered by a Committee of three members of [the Council] [These words were substituted for the words 'the Board' by Maharashtra 23 of 1982, Section 21(c).] appointed by the State Government. The Committee shall make enquiry in such manner as may be prescribed by rules, [The Committee shall not entertain any further application from a person, if an application made by him under clause (i) or (ii) of sub-section (5) has already been decided by it.] [This potion was added by Maharashtra 17 of 1965, Section 5(b).](7)[(a)] [This clause was renumbered and clause (b) was inserted by Maharashtra 17 of 1965, Section 5(c).] Any person aggrieved by the decision of the Committee appointed under sub-section (6) may, within a period of one month from the date on which such decision is communicated to him, on payment of a fee of five rupees, 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 Council] [These words were substituted for the words 'the Board' by Maharashtra 23 of 1982, Section 21(d).], and the Director of Ayurved shall be the ex-officio member. The decision of the appellate authority shall be final.(b)[ Notwithstanding anything contained in clause (a) any person aggrieved by such decision of the Committee, who has not already appealed to the appellate authority aforesaid before the date of the commencement of the Maharashtra Medical Practitioners' (Amendment) Act, 1964, may, on or before the 31st day of March 1965, on payment of a like fee of five rupees, appeal to the appellate authority.] [This Clause was renumbered and clause (b) was inserted by Maharashtra 17 of 1965, Section 5(c) ](7A)[ If on an application for registration made under clause (iii) of sub-section (5) or on appeal under sub-section (7), a person is found eligible for registration, then on his name being included in the register the entry of his name in the list shall be cancelled.] [Sub-section (7A) was inserted by Maharashtra 17 of 1965, Section 5(d).](8)The register shall include the following particulars, namely:-(a)the full name and residential address 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 registered on the day immediately preceding the appointed day, in a register kept under any of the Acts referred to in subsection (4), the date of his admission to that register;(c)the qualification specified in the Schedule possessed by him, if any, and the date on which he obtained the qualification and the authority which conferred or granted it; and(d)such further particulars as may be prescribed by rules.(9)When the register is prepared in accordance with the foregoing provisions, the Registrar, shall publish a notice in the Official Gazette, and such newspapers as [the Council] [These words were substituted for the words 'the Board' by Maharashtra 23 of 1982, Section 21(e).] may select, about the register having been prepared, and the register shall come into force from the date of the publication of such notice in the Official Gazette.(10)(a)Every registered practitioner shall be given a certificate of registration in the form prescribed by rules. The registered practitioner shall display the certificate of registration in a conspicuous place in his dispensary, clinic or place of practice.(b)[ Such certificate shall be valid until it is duly cancelled and the name of the practitioner is removed from the register under the provisions of this Act; and every certificate of registration given before the commencement of the Maharashtra Medical Practitioners (Amendment) Act, 1972 which is valid on such commencement shall, subject to the provisions of section 23A, be valid likewise, and shall continue, accordingly.] [Clause (b) was substituted by Maharashtra 5 of 1972, Section 2(b).](c)[ Where it is shown to the satisfaction of the Registrar that a certificate of registration has been defaced, lost or destroyed, the Registrar may, on payment of the prescribed fee, issue a duplicate certificate in such form as may be prescribed.] [Clause (c) was added by Maharashtra 21 of 1966, Section 2.]
