Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 11] [Entire Act]

State of Maharashtra - Section

Section 2 in The Maharashtra Medical Practitioners Act, 1961

2. Definitions.

(1)In this Act, unless the context otherwise requires,-
(a)"appointed day" means the date on which the whole Act except Chapter VI thereof comes into force;
(b)[* * * *] [Clauses (b) and (c) were deleted by Maharashtra 23 of 1982, Section 2(a) and (b), respectively.]
(c)[* * * *] [Clauses (b) and (c) were deleted by Maharashtra 23 of 1982, Section 2(a) and (b), respectively.]
(d)"by-law" means by-law made under section 31;
(e)[ "Council" means the Maharashtra Council of Indian Medicine established under section 3;] [These clauses were substituted for clause (e) by Maharashtra 23 of 1982, Section 2(c).]
(f)"Director of Ayurved" means the Director of Ayurved, Maharashtra State;
(fa)"Indian Medicine" means the system of Indian Medicine commonly known as Ashtang Ayurvedic or Siddha or Unani or Unani Tibb, whether supplemented or not by such modern advances as the Central Council from time to time by notification may declare under clause (e) of sub-section (1) of section 2 of the Indian Medicine Central Council Act, 1970;]
(g)[* * * *] [Clause (g) was deleted by Maharashtra 23 of 1982, Section 2(d).]
(h)"Inspector" means an Inspector appointed by [the Council] [These words were substituted for the words 'the Faculty' by Maharashtra 23 of 1982, Section 2(e).];
(i)[* * * *] [Clause (i) was deleted by Maharashtra 30 of 1979, section 4(b).]
(j)"member" means a member of [the Council] [These words were substituted for the words 'the Board or the Faculty, as the case may be' by Maharashtra 23 of 1982, Section 2(f).];
(k)"President" means the President of [the Council] [These words were substituted for the words the Board' by Maharashtra 23 of 1982, Section 2(g).];
(l)"recognised institution" means any institution recognised under section 27;
(m)"register", except in Chapter VI, means the register of practitioners prepared and maintained under section 17;
(n)"registered practitioner" means a practitioner whose name is for the time being entered in the register;
(o)"Registrar" means the Registrar appointed under section 16;
(p)"rules" means rules made under section 30;
(q)"Schedule" means the Schedule appended to this Act;
(r)"State" means the State of Maharashtra;
(s)[ "Vice-President" means the Vice-President of the Council.] [Clause (s) was substituted for the original by Maharashtra 23 of 1982, Section 2(h).]
(2)For the purposes of Chapter VI, a person shall be deemed to practice any system of medicine who holds himself out as being able to diagnose, treat, operate, or prescribe medicine or other remedy or to give medicine for any ailment, disease, injury, pain, deformity or physical condition or who, by any advertisement, demonstration, exhibition or teaching offers or undertakes, by any means or method whatsoever to diagnose, treat, operate or prescribe medicine or other remedy or to give medicine for any ailment, disease, injury, pain, deformity or physical condition:Provided that, a person who,-
(i)mechanically fits or sells lenses, artificial eyes, limbs or other apparatus or appliances; or
(ii)is engaged in the mechanical examination of eyes for the purpose of constructing or adjusting spectacles, eye-glasses or lenses; or
(iii)practices physiotherapy or electrotherapy or chiripody or naturopathy or hydropathy or yogic healing or;
(iv)without personal gain furnishes medical treatment or does domestic administration of family remedies; or
(v)being registered under the Dentists Act, 1948, limits his practice to the art of dentistry; or
(vi)being a nurse, midwife or health visitor registered or enlisted under the Bombay Nurses, Midwives and Health Visitors Act, 1954, or any other corresponding law for the time being in force in the State or a Dai attends on a case of labour,
shall not be deemed to practise medicine;Explanation. - In this sub-section, -
(i)"advertisement" includes any word, letter, notice, circular, picture, illustration, model, sign, placard, board, or other document and any announcement made orally or by any means of producing or transmitting light sound, smoke or other audible or visible representation and
(ii)"physio-therapy" means treatment of any ailment, disease, injury, pain, deformity or physical condition, by massage or other physical means, but does not include bone-setting.