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State of Karnataka - Section

Section 16 in Karnataka Ayurvedic, Naturopathy, Siddha, Unani And Yoga Practitioners' Registration And Medical Practitioners' Miscellaneous Provisions Act, 1961

16. Registration and removal from register.

(1)Every person who has passed a qualifying examination may apply to the Registrar giving a correct description of his qualifications with the dates on which they were granted and present his degree, diploma or licence along with [[a prescribed fee] [Substituted by Act 38 of 1991 w.e.f. 10.12.1991] for being registered for life time under this Act]. The Registrar shall, if satisfied that the applicant is entitled to be registered enter his name in the register:Provided that the Registrar shall on application and on payment of a fee of two rupees enter in the register the names of the medical practitioners registered under the Bombay Medical Practitioners Act, 1938 (Bombay Act XXVI of 1938), as in force in the [Belgaum area] [Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973] or under the Medical Act, 1312F (Hyderabad Act I of 1312F) as in force in the [Gulbarga area] [Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973], or the names of medical practitioners entered prior to the first day of November, 1956, in the register maintained by the Central Board of Indian Medicine under the rules for the registration of practitioners of Indian Medicine issued by the Government of Madras in Government Order No. 231-PH, dated the 1st February, 1933.
(2)Notwithstanding anything contained in sub-section (1) every person who, [before the expiry of the 31st day of December 1981] [Substituted by Act 46 of 1981 w.e.f. 01.10.1981], produces such proof as may be prescribed, to prove to the satisfaction of the Registrar that he has been in regular practice in the [State of Karnataka] [Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973] as a practitioner for a period of not less than ten years preceding the date on which this Chapter comes into force [and that he has completed twenty-five years of age on the said date] [Inserted by Act 3 of 1968 w.e.f. 15.03.1962] for being registered as a practitioner under this Chapter shall be entitled to have his name entered in the Register on payment of a fee of fifteen rupees:Provided that any person whose name has been removed from the Register kept under any Central Act or State Act or from the Register of any country where he was practising, for infamous conduct in a professional respect shall not be entitled to have his name entered in the register except with the previous approval of the State Government and the Board.
(2A)[ Notwithstanding anything contained in sub-sections (1) and (2), but subject to the proviso to sub-section (2), every person who within a period of one year from the date of commencement of the Amendment Act, produces such proof, as may be prescribed, to prove to the satisfaction of the Registrar that he has been in the regular practice in the State of Karnataka, as a Practitioner of Naturopathy System of treatment, Siddha System of Medicine and Yoga System of treatment for a period of not less than ten years preceding the date on which the amendment Act comes into force and that he has completed thirty-five years of age on the said date for being registered as a practitioner under this Chapter, shall be entitled to have his name entered in the Register on payment of fee specified in subsection (1).] [Inserted by Act 11 of 1992 w.e.f. 24.04.1992]
(2B)[ Persons who acquire the prescribed qualification after the commencement of the Karnataka Ayurvedic, Naturopathy, Siddha, Unani and Yoga Practitioners' Registration and Medical Practitioners Miscellaneous provisions (Amendment) Act, 2016 may apply to the Registrar for provisional registration along with such fee not less than rupees five hundred in such manner and subject to such conditions as may be prescribed.
(2C)The Registered Medical Practitioner may apply to the Registrar for issue of duplicate identity card on payment of such fee, not less than of rupees five hundred, in such manner and subject to such conditions, as may be prescribed.
(2D)Every Ayurvedic, Naturopathy, Sidda, Unani and Yoga Practitioner registered under any law for the time being in force in any State other than Karnataka, intending to practice in the State may apply for supplementary registration with such fee, not less than of rupees five thousand and five hundred, in such manner and subject to such terms and conditions, as may be prescribed.
(2E)The practitioners specified under sub-section (1) and (2D) who are willing to incorporate Post Graduate degree or diploma or any other higher qualification may include such qualification in the register in such manner on payment of such fee, not less than rupees three thousand, as may be prescribed.] [Inserted by Act 03 of 2017 w.e.f.04.01.2017]
(3)If a practitioner has been after due inquiry by the Board found guilty of any misconduct, the Board may,-
(a)issue a letter of warning addressed to such practitioner, or
(b)direct the name of such practitioner,-
(i)to be removed from the register for such period as may be specified in the direction, or
(ii)to be removed from the register without specifying the period of such removal.
Explanation. - For the purposes of this sub-section "misconduct" shall mean-
(a)the conviction of the practitioner by a criminal court for an offence which involves moral turpitude and which is cognizable as defined in the Code of Criminal Procedure 1898 (Central Act V of 1898), or any other law for the time being in force;
(b)any conduct which, in the opinion of the Board, is infamous in any professional respect.
The Board may, on sufficient cause being shown, and with the approval of the State Government, direct that the name of the practitioner so removed shall be re-entered in the register.
(4)Any person aggrieved by any order of the Board removing the name of a person from the register under sub-section (3) may within ninety days from the date of communication of the order to the person concerned, appeal to the State Government.