Section 16 in The Jammu and Kashmir Ayurvedic and Unani Practitioners Act, 1959
16. Registration.
(1)Every person possessing the qualification mentioned in the schedule shall, subject to the provisions contained in this Act and on payment of such fees as may be prescribed in this behalf, be entitled to have his name entered in the Registered subject to such conditions as the Board may prescribe :Provided that an application for entry in the Register made by a person whose case is not clearly covered by the provisions of this Act or by the rules and regulations made thereunder, shall be referred to the Board for such decision as it may deem fit.(2)Notwithstanding anything contained in sub-section (1), every person, who, within a period of two years from the date on which this Act comes into force, proves to the satisfaction of the Registrar that he has been in regular practise as a practitioner for a period of not less than ten years preceding the date on which he makes an application for being registered as a practitioner under this Act, shall be entitled lo have his name entered in the Register on payment of the prescribed fee.(2A)[ Notwithstanding anything contained in sub-section (1) or sub-section (2), every person who is matriculate and proves to the satisfaction of the Registrar within a period of one year from the date of coming into force of the Jammu and Kashmir Ayurvedic and Unani Practitioners (Amendment) Act, 2017 that he has been in regular practice of Sowa Rigpa or Yoga or Naturopathy System for a period of not less than 10 years preceding the date on which he makes an application for being registered as a practitioner under the Act, he shall be entitled to have the name entered in the Register on payment of the fee as prescribed :Provided that no person shall be registered under this sub-section if he has during his practice misconduct of himself as a practitioner :Provided further that no person shall be registered under this section unless he produces certificate from District Officer State Department of AYUSH of concerned district countersigned by State Head of AYUSH to the effect that he fulfils the conditions under this sub-section.] [Inserted by Jammu and Kashmir Act No. 17 of 2018, dated 17.9.2018.](3)The Board may direct that the name of any practitioner who has been convicted of a cognisable offence as defined in the Code of Criminal Procedure, Samvat 1989 which discloses such defect of moral character as is, in the opinion of the Board, sufficient to make him unfit to practise his profession, or who has been found, after the enquiry, guilty of conduct which is, in the opinion of the Board, infamous in any professional respect, shall be removed, from the shall be register.(4)The Board may, on sufficient cause being shown, also direct that the name of the practitioner so removed, shall be re-entered in the Register.(5)[ Every Registration under this section shall be in force for a period of five years and may, subject to the provisions of sub-section (6), be renewed for a period of five years at a time.(6)Every application for renewal of registration under sub-section (5) shall be made on payment of such fee and in such manner as may be prescribed.] [Added by Jammu and Kashmir Act No. 17 of 2018, dated 17.9.2018.]
