CHAPTER-VIII
REGISTRATION AND STATE REGISTER
Registration and State Register. 39.
(1)

Every person possessing a recognised qualification shall be eligible for enrolment state register. On the State Register on furnishing to the Registrar proof of such qualification and on payment of such fee not exceeding five hundred rupees as may he prescribed and different fee may be prescribed for different qualifications.

(2)

The Council shall cause to be maintained a State Register of Paramedical practitioners in such form as may he prescribed by regulations.

(3)

It shall be the duty of the Registrar to keep and maintain the State Register in accordance with the provisions of this Act and of any order made by the Council and from time to time revise the Register and publish it in the gazette and in such other manner as may be prescribed.

(4)

All Register shall be deemed to be a public document, within the meaning of the Indian Evidence Act, 1872 (No. 1 of 1872).


Power of Council to prohibit entry in, or to order removal from, State register name of any person. 40.

The Council may, upon reference from the Registrar or otherwise by order, prohibit the entry in, oi. order the removal from, the State Register, the name of any person.
(a)

who has been sentenced by a criminal court to imprisonment for an offence indicating in the opinion of the Council such a defect in character as would render the enrolment or continuance of his name in the State Register undesirable; or

(b)

whom the Council after enquiry has found guilty of infamous conduct in any professional respect by a majority of two third of the members of the Council present and voting at the meeting: Provided that no order shall be passed under this section without giving a reasonable opportunity of being beard to the person concerned.


Alteration of State Register. 41.
(1)

The Council may, after giving the person concerned a reasonable opportunity of being heard an enquiring into his objections, if any, order that any entry in the State register which in the opinion of the Council, has been fraudulently or incorrectly made or brought about, be cancelled or emended.

(2)

The Council may direct the removal for ever, or for a specified period from the State register, the name of any registered Paramedical practitioner for the same reason for which registration may be prohibited by the Council under section 40;

(3)

The Council may direct that the name removed under sub-section (2) shall he restored subject to such condition, if any, which the Council may deem fit to impose.


Procedure in inquiries. 42.

For the purpose of any inquiry under the provisions of this Act, the Council or any committee appointed under sub-section (1) of Section 22 shall be deemed to be a court within the meaning of the Indian Evidence Act, 1872 (No. 1 of 1872) and the Code of Civil Procedure 1908 (No. 5 of 1908) and shall exercise all powers of a commissioner appointed under the Public Servants (Inquiries) Act, 1850 (No. 37 of 1850) and such inquiries shall be conducted, as far as may be in accordance with the provisions of Section 5 and Section 8 to 20 of the Public Servants (Inquiries) Act, 1850 (No. 37 of 1850).

Appeal agianst order of Council 43. Any person:-
(1)

whose application for enrolment in the State register is rejected under section 39 or 41; or

(2)

whose entry in the State register is prohibited under section 40; or

(3)

whose name, from the state Register is removed, may, within ninety days of order of rejection, prohibition or removal, as the case may be, appeal to the State Government and the decision of the State Government thereon shall he final.


Prohibition on practice except as provided in this Act 44.
(1)

Save as provided in this Act no person shall practice or hold himself out, whether directly or indirectly as practising habitually for personal gain as a paramedical practitioner within the State.

(2)

Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment which may extend to six months or with fine which may extend to five thousand rupees or with both.