The Gujarat Medical Practitioners Act, 1963

 Gujarat Medical Practitioners' Act, 1963 
Guj: 1964 VI 
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GOVERNMENT OF GUJARAT 
 
 
 
 
 
 
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT 
 
 
 
 
 
 
Gujarat Act No. VI of 1964 
 
 
 
 
 
 
The Gujarat Medical Practitioners' 
Act, 1963 
 
 
 
 
 
 
 
 
As modified upto the 31st December, 2007) 
 
 
 
 
 
 
 
 
 
 
 
 Gujarat Medical Practitioners' Act, 1963 
Guj: 1964 VI 
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THE GUJARAT MEDICAL PRACTITIONERS' ACT, 1963. 
CONTENTS. 
 
PREAMBLE. 
SECTIONS. 
CHAPTER I. 
PRELIMINARY. 
 
1. Short title, extent and commencement. 
 
2. Definitions. 
 
CHAPTER II. 
CONSTITUTION, FUNCTIONS AND POWERS OF THE BOARD. 
 
3. Constitution and incorporation of Board. 
 
4. [Deleted.] 
 
5. Term of office. 
 
6. Casual vacancies. 
 
7. Resignation. 
 
8. Disqualification, disability and removal from office. 
 
9. Meetings of Board and Faculty. 
 
10. Proceedings of meetings and validity of acts. 
 
11. Fees and allowances to President, Chairman and members. 
 
12. Income and expenditure of Board. 
 
13. [Deleted.] 
 
14. Powers, duties and functions of Board. 
 
15. [Deleted.] 
 
16. Registrar and other employees of Board and Faculty. 
 
CHAPTER III. 
REGISTRATION AND ENLISTMENT. 
 
17. Preparation of register. 
 
18. Preparation of list. 
 
19. Persons not entitled to registration or enlistment. 
 
20. Removal of names from register or list. 
 
21. Maintenance of register and list. 
 
22. Renewal fee. 
 
23. Publication of periodical list of registered and enlisted practitioners. 
 
24. No refund of fees. 
 
25. Rights of registered practitioners. 
 
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SECTIONS. 
 
CHAPTER IV. 
RECOGNITION OF QUALIFICATIONS. 
 
26. [Deleted.] 
 
27. [Deleted.] 
 
28. [Deleted.] 
 
29. Amendment of Schedule. 
 
CHAPTER V. 
GENERAL PROVISIONS APPLICABLE TO ALL MEDICAL 
PRACTITIONERS. 
 
30. Prohibition of medical practice by persons not registered or enlisted. 
 
31. Registered practitioners competent to give valid certificates or expert evidence. 
 
32. Conferring granting or issuing colourable imitations of degre es, diplomas or 
licences to be an offence. 
 
33. Prohibition against addition of any title, description etc., to name of any person 
unless authorised to do so. 
 
34. Liberty to practise in rural areas. 
 
35. Offences under Act to be cognizable. 
 
36. Indemnity to persons acting under the Act. 
 
CHAPTER VI. 
MISCELLANEOUS. 
 
37. Rules. 
 
38. [Deleted.] 
 
39. Control of State Government. 
 
CHAPTER VII. 
REPEAL AND TRANSITIONAL PROVISIONS. 
 
40. Repeal and saving. 
 
41. [Deleted.] 
 
42. [Deleted.] 
 
43. Provision regarding Registrar. 
 
44. Vesting of rights, duties, etc. 
 
SCHEDULE. 
 
 Gujarat Medical Practitioners' Act, 1963 
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GUJARAT ACT NO. 6 OF 1964.1 
 
[THE GUJARAT MEDICAL PRACTITIONERS' ACT, 1963] 
[26th February 1964.]  
Amended by Guj. 40 of 1965. 
Amended by Guj. 19 of 1966. 
Amended by Guj. 1 of 1999. 
 
An Act to consolidate and amend the law regulating the qualifications, and 
providing for registration, of practitioners of the Ayurvedic and 
Unani systems of medicine and making certain provisions 
relating to medical practitioners generally, in 
the State of Gujarat. 
 
It is hereby enacted in the Fourteenth Year of the Republic of India as follows :-  
 
CHAPTER I. 
PRELIMINARY. 
 
1. (1) This Act may be called the Gujarat Medical Practitioners' Act, 1963. 
 
(2) It extends to the whole of the State of Gujarat. 
 
(3) It shall come into force on such date as the State Government may, by 
notification in the Official Gazette, appoint. . 
 
2. (1) In this Act, unless the context otherwise requires,— 
 
(a) " appointed day "means the date on which this Act comes into force; 
 
(b) "Ayurvedic system of medicine " or " Ayurvedic system " means the 
Ashtang Ayurvedic system of medicine, whether supplemented or not by 
such modern advances as are consistent with the fundamental principles 
of Ayurveda 2[ * * ]; 
 
(c) "Board" means the Gujarat Board of Ayurvedic and Unani Systems 
of Medicine established and constituted under this Act; 
 
3[(d) * * ]; 
 
3[(e) * * ] 
 
(f) "enlisted practitioner" means a practitioner whose name is for the time 
being entered in the list; 
 
3[(g) * * ]; 
 
(h) "Homoeopathy" means the system of medicine founded by Dr. 
Samual Hahnemann which includes the Bio -chemic therapy as 
propounded by Dr. Schussler and the expression ''Homoeopathic" shall 
be construed accordingly; 
 
4[(i) * * ] 
 
(j) "list", except in the expression "periodical list", means the list of 
practitioners prepared and maintained under section 18; 
 
(k) "member" means a member of the Board 5[ * * ]; 
 
(l) "prescribed" means prescribed by rules made under this Act; 
 
(m) "President" means the President of the Board; 
 
6[(n) * * ]; 
 
(o) "recognised qualification" means any of the qualifications specified 
Short title, extent 
and 
commencement. 
Definitions. 
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in the Schedule; 
 
(p) "register", means the register of practitioners prepared and 
maintained under section 17; 
 
(q) "registered practitioner" means a practitioner whose name is for the 
time being entered in the register; 
 
(r) "Registrar" means the Registrar appointed under section 16; 
 
(s) "rules" means rules made under section 37; 
 
(t) "Schedule" means the Schedule appended to this Act; 
 
(u) "State" means the State of Gujarat; 
 
(v) ''Unani system of medicine" or "Unani system" means the Unani 
system of medicine, 
 
7[ * *]. 
 
8[(w) * * ]. 
 
(2) The expression "to practise any system of medicine" with all its grammatical 
variations and cognate expressions means to hold oneself out as being able to 
diagnose, treat, operate or prescribe medicine or any other remedy or to give 
medicine for any ailment, disease, injury, pain, deformity or physical condition 
or by any advertisement, demon stration, exhibition or teaching to offer or 
undertake by any means or method whatsoever to diagnose, treat, operate or 
prescribe medicine or any 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 of lenses ; or 
 
(iii) practises physio-therapy or electro -therapy or chiropody 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, 1964, 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 on that account only to practise any system of medicine.  
 
Explanation.—In this sub-section— 
 
(i) "advertisement" includes any wor d, 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 message or other physical means, but does 
not include bone-setting. 
XVI of 1948. 
Bom. XIV of 1954. 
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CHAPTER II. 
CONSTITUTION, FUNCTIONS AND POWERS OF THE BOARD 9[* * ]. 
 
3. (1) With effect from such date as the State Government may, by notification in, 
the Official Gazette, notify there shall be established for the purposes of this Act, 
a Board to be called "The Gujarat Board of Ayurvedic and Unan i Systems of 
Medicine". The Board shall be a body corporate and have perpetual succession 
and a common seal, and may by the said name sue and be sued, and shall be 
competent to acquire and hold property, both moveable and immoveable, and to 
contract and do all things necessary for the purposes of this Act. 
 
(2) The Board shall consist of eleven members including the President, and shall 
be constituted in the following manner, namely :— 
 
(a) four members shall be nominated by the State Government, out of 
whom at least three shall be registered practitioners ; 
 
(b) seven members shall be elected by the registered practitioners as 
follows, that is to say, — 
 
(i) three members shall be elected by registered practitioners who 
hold any of the recognised qualificat ions, from amongst 
themselves, and 
 
(ii) four members shall be elected by the remaining registered 
practitioners, from amongst themselves : 
 
Provided that, at the end of the expiration of every five 
years from the date of commencement of this Act, the Stat e 
Government may, by order, so divide the number of members to 
be elected under paragraphs (i) and (ii) amongst the registered 
practitioners who hold any of the recognised qualification, and 
the remaining registered practitioners, as to be as near as possible 
in proportion to their numbers on the register at that time, so 
however that the total number of members elected under 
paragraphs (i) and (ii) shall remain seven : 
 
Provided further that, any such order shall not affect the 
constitution of the Board wh ich may be functioning at such time 
but shall apply to the Board to be constituted next thereafter. 
 
(3) If at any election, the electors fail to elect the requisite number of members to 
the Board, the State Government shall nominate such registered practi tioners as 
it deems fit, to fill the vacancies which remain unfilled after the election, and the 
practitioners so nominated shall be deemed to have been duly elected under sub -
section (2). 
 
(4) The President of the Board shall be elected by the members fro m amongst 
themselves. 
 
(5) The election of members of the Board under this section shall be held at such 
time, and at such place, and in such manner as may be prescribed. 
 
(6) Notwithstanding anything contained in the foregoing provisions of this 
section,— 
 
(i) in respect of the constitution of the Board for the first time under this 
Act, the President and members thereof shall be nominated by the State 
Government ; 
 
(ii) the President and other members so nominated shall hold office for 
such period not exc eeding three years in the aggregate as the State 
Government may, by notification in the Official Gazette, specify. 
 
10[4  *  *  *  * ] 
Constitution and 
incorporation of 
Board. 
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5. (1) The State Government shall, as soon as possible after the election held under 
11[section 3], by n otification in the Official Gazette, publish the names of the 
President, 12[ * ], and the members of the Board 13[ * * ]. 
 
(2) Except in the case of the constitution of the Board 14[ * ] for the first time, the 
President 15[ * ] shall hold office for such period as the State Government may 
specify in the notification published under sub -section (1), provided that, such 
period shall not exceed the term of office of such President or Chairman as a 
member under sub -section (3). The term shall commence from the  date of the 
notification published under sub-section (1), 
 
(3) Except in the case of the constitution of the Board 16[ * ] for the first time 
 
(a) 17[Subject to the provision of clause (b), the term of office of a 
member of the Board] shall be a period of  five years commencing from 
the date of the notification published under sub-section (1); 
 
18[(b) the members nominated under clause (a) of sub -section (2) of 
section 3 shall hold office during the pleasure of the state Government.] 
 
(4) Notwithstanding anything contained in sub-section (3), the State Government 
may, by notification in the Official Gazette, extend from time to time the term of 
office of the members of the Board for a further period not exceeding two years 
in the aggregate. 
 
(5) The term of an outgoing President, 19[ * ] or member shall, notwithstanding 
anything contained in sub -section (6) of section 3, 20[ * ] and sub -sections (2) 
and (3) of this section be deemed to extend to, and expire with, the day 
immediately preceding the day on which  the name of the successor of such 
President, 19[* ] or member is published under sub-section (1). 
 
(6) An outgoing member shall be eligible for re-election or re-nomination. 
 
6. (1) Any casual vacancy, previous to the expiry of the term in the office of the 
President 21[ * ] or a member nominated by the State Government due to his 
death, resignation, removal, disability or disqualification or any other reason, 
shall be filled by nomination by the State Government. 
 
(2) Any such vacancy in  the office of a member of the Board elected by 
registered practitioners, shall be filled by the State Government by nomination of 
a person from a panel of three registered practitioners recommended by the 
Board : 
 
Provided that if the Board fails to make a recommendation under this 
sub-section, within such time as the State Government may fix, the State 
Government may appoint any registered practitioner to fill the vacancy. 
 
22[(3)  *  * ]. 
 
(4) Any person nominated under sub -section (1) or (2) 23[ * ] to fill a vacancy 
shall, notwithstanding anything contained in section 5, hold office only so long 
as the person in whose place he is nominated or elected would have held office, 
had the vacancy not occurred. 
 
7. (1) An elected member may at any time resign his office by notice in writing to 
the President 24[ * * ]. A nominated member may at any time resign his office by 
a notice in writing to the State Government. Such resignation shall take effect 
from the date on which the resignation is accept ed by the President 25[ * ] or the 
State Government, as the case may be. 
 
(2) The President 26[ * ] may at any time resign his office by a notice in writing 
to the State Government. The resignation shall take effect from the date on 
which such resignation is accepted by the State Government. 
 
Term of office. 
Casual vacancies. 
Resignation. 
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8. (1) No person — 
 
(a) who is an undischarged insolvent; 
 
(b) who has been adjudged to be of unsound mind by a competent court; 
 
(c) whose name has been removed from the register; or 
 
(d) who is a full time officer or servant of the Board 27[ * ], 
 
shall be eligible to be elected or nominated or to continue as a member. (2) If 
any member — 
 
(a) absent himself from three consecutive meetings of the Board 28[ * ] 
without such reasons as may, in the opinion of the State Government, in 
the case of the President 29[ * * ], and in the opinion of the Board 28[ * ], 
in the case of any other member thereof, be sufficient; or 
 
(b) becomes or is found to be, subject to any of t he disqualifications 
specified in sub-section (1), 
 
the State Government shall declare his office to be vacant. 
 
(3) The State Government may, on the recommendation of the Board 30[ * * * ], 
supported by at least two -thirds of the total number of members o f the Board 31[ 
* * * ], remove from office as a member any member elected or nominated under 
this Act, if such member has been guilty of. misconduct in the discharge of his 
duties as a member, or of any disgraceful conduct, or has become incapable of 
performing his duties as a member : 
 
Provided that, no resolution recommending the removal of any member 
shall be passed by the Board 30[[* * *] unless the member to whom it relates has 
been given a reasonable opportunity of showing cause why such recommention  
should not be made. 
 
(4) The State Government may remove from office the President 32[ * ] if he has 
been guilty of misconduct in the discharge of his duties under this Act, or of any 
disgraceful conduct, or has become incapable of performing his duties a s the 
President 33[ * * ] : 
 
Provided that, no such action shall be taken unless the President 34[ * * ] 
is given a reasonable opportunity of showing cause why he should not be 
removed from office. 
 
9. (1) The meetings of the Board  35[ * ] shall be convened, held and conducted in 
the prescribed manner. 
 
(2) The President shall preside at meetings of the Board 36[ * * ]. If the President 
37[ * * ], be absent, the members present at the meeting shall elect from amongst 
themselves one member to preside at the meeting. 
 
(3) All questions at a meeting of the Board 38[ * ] shall be decided by a majority 
of the votes of the members present and voting at the meeting. 
 
(4) The presiding authority at a meeting shall have and exercise a second or a 
casting vote in the case of an equality of votes. 
 
(5) Five members of the Board including the President, 39[ * ] shall form a 
quorum. When a quorum is required but not present, the presiding authority 
shall, after waiting for not less than twenty minutes for such quorum, adjourn the 
meeting to such hour on some future day as he may notify on the notice board at 
the office of the Board 40[ * ] and the business which would have been brought 
before the original meeting had there been a quorum thereat, sh all be brought 
before the adjorned meeting, and may be disposed of at such meeting or any 
subsequent adjournment thereof, whether there be a quorum present or not. 
 
Disqualification, 
disability and 
removal from 
office. 
Meetings of Board 
41[*]. 
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10. (1) The proceedings of the discussion of every meeting of the Board 42[ * ] shall 
be treated as confidential and no person shall, without the previous permission of 
the Board 43[ * ] disclose any portion thereof : 
 
Provided that nothing in this section shall be deemed to prohibit any 
person from disclosing or publishing the text of any resolution adopted by the 
Board 44[ * * ], unless the Board 45[ * * ] directs such resolution also to be treated 
as confidential. 
 
(2) No disqualification of, or defect in the election, nomination or appointment 
of, any person as a member, or as the President, 46[ * ] or as a presiding authority 
of a meeting, shall of itself be deemed to vitiate any act or proceeding of the 
Board, 47[ * * ] in which such person has taken part, whenever the majority of 
persons party to such act or proceedings were entitled to vote. 
 
(3) During any vacancy in the Board 48[ * ], the continuing members may act, as 
if no vacancy had occurred, unless the number of vacancies exceeds four in 
number. 
 
11. There shall be paid to the President, 49[ * ] and other members such fees and 
allowances for attendance at meetings and such reasonable travelling allowances as shall 
from time to time be prescribed. 
 
12. (1) The income of the Board shall consist of — 
 
(a) fees received from practitioners; 
 
(b) grants received from the State Government, if any; and 
 
(c) any other sums received by the Board. 
 
(2) It shall be competent for the Board to incur expenditure for the f ollowing 
purposes, namely :— 
 
(a) salaries and allowances of the Registrar and the other staff 
maintained by the Board; 
 
(b) fees and allowances paid to the members of the Board; 
 
(c) such other expenses as are necessary for performing its duties and 
functions under this Act. 
 
51[13.  *  * ]. 
 
14. Subject to such conditions as may be prescribed by or under the provisions of this 
Act, the powers and functions of the Board shall be - 
 
(a) to maintain the register, the li st and to provide for the registration and 
enlistment of practitioners; 
 
(b) to hear and decide appeals from any decision of the Registrar; 
 
(c) to prescribe a code of ethics for regulating the professional conduct of 
registered and enlisted practitioners; 
 
(d) to "reprimand a registered or an enlisted practitioner, to suspend or remove 
him from the register or the list, as the case may be, or to take such other 
disciplinary action against him as may, in the opinion of the Board, be necessary 
or expedient; 
 
(e) to exercise such other powers and perform such other duties and functions, as 
are laid down in this Act, or may be prescribed. 
 
52[15.  * * * *]. 
 
16. (1) The Board shall, with the previous approval of the State Government, appoint 
Proceedings of 
meetings and 
validity of acts. 
Fees and 
allowances to 
President 50[ * ]and 
member. 
Income and 
expenditure of 
Board. 
Powers, duties and 
functions of Board. 
Registrar and other 
employees of Board 
55[ * ]. 
 Gujarat Medical Practitioners' Act, 1963 
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a Registrar. The Registrar shall be paid the prescribed salary and allowances. 
The Board may from time to time grant him leave and may appoint a person to 
act in his place and shall forthwith report any appointment so made to t he State 
Government. Any person duly appointed to act as Registrar shall be deemed to 
be the Registrar for all the purposes of this Act: 
 
Provided that where the period of leave to be granted to the Registrar 
does not exceed one month the President may grant such leave. 
 
(2) The Registrar shall be the Secretary and the executive officer of the Board 53[ 
* * ] and he shall attend all meetings of the Board 53[ * ]. 
 
(3) No orders suspending, dismissing or removing the Registrar from office or 
imposing any oth er penalty upon him shall be passed by the Board without the 
previous approval of the State Government. 
 
(4) The Board 54[ * * ] may, from time to time, appoint such other officers and 
servants as may be deemed necessary for carrying out their duties and 
performing their functions tinder this Act : 
 
Provided that the number and designation of such officers and servants, 
and their salaries and allowances shall be subject to the previous approval of the 
State Government. 
 
(5) The Registrar and an y other officer or servant appointed under this section 
shall be deemed to be a public servant within the meaning of section 21 of the 
Indian Penal Code. 
 
CHAPTER III. 
REGISTRATION AND ENLISTMENT. 
 
17. (1) As soon as may be after t he appointed day, the Registrar shall prepare and 
maintain thereafter a register of Ayurvedic and Unani practitioners for the State, 
in accordance with the provisions of this Act. 
 
(2) The register shall be in the prescribed form and there shall be one reg ister 
consisting of tyro parts. Part I shall include the names of registered practitioners 
possessing any of the recognised qualifications and Part II shall include the 
names of regisetered practitioners other than those included in Part I. 
 
(3) Every pers on who possesses any of the qualifications specified in the 
Schedule shall, at any time on an application made in the prescribed form to the 
Registrar and on payment of a fee of ten rupees, be entitled to have his name 
entered in the register. 
 
(4) Notwithstanding anything contained in sub -section (3) the name of every 
person who on the day immediately preceding the appointed day stood registered 
in any register kept under the Bombay Medical Practitioners' Act, 1938 in its 
application to the Bombay area of the State or the said Act as adapted and 
applied to the Saurashtra area of the State or under any other corresponding law 
shall be entered in the register prepared under this Act without such person being 
required to make an application or to pay any fee. 
 
56[(5) Any person not being a person qualified for registration under sub -section 
(3) or (4) who proves to the satisfaction of the Committee appointed under sub -
section (8) that he had been regularly practising the Ayurvedic or Unani sy stem 
of medicine— 
 
(i) in the Bombay area of the State of Gujarat on the 4th November 1941 
but his name was not entered in the register maintained under the 
Bombay Medical Practitioners' Act, 1938, or 
 
(ii) in the Saur ashtra area of the State of Gujarat on the 1st November 
1951 but his name was not entered in the register maintained under the 
Bombay Medical Practitioners' Act, 1938 as adapted and applied to the 
said area. 
XLV of 1860. 
Preparation of 
register. 
Bom. XXVI of 
1938. 
Bom. XXVI of 
1938. 
Bom. XXVI of 
1938. 
 Gujarat Medical Practitioners' Act, 1963 
Guj: 1964 VI 
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shall, on an application made in the prescribed form within a period of four years 
from the appointed day and accompanied by a fee of ten rupees and the 
prescribed documents, be entitled to have his name entered in the register.] 
 
(6) Any person not being a person qualified for registration under sub-section (3) 
or (4) who proves to the satisfaction of the Committee appointed under sub -
section (8),— 
 
(a) that he has been regularly practising the Ayurvedic or Unani system 
of medicine in a merged territoty or a merged area for a period of not less 
than ten years before the 1st May, 1956, or 
 
(b) that he has been regularly practising the Ayurvedic or Unani system 
of medicine in the Kutch area of the State for a period of not less than ten 
years before the appointed day, 
 
shall, on an application made in the  prescribed form within a period of one year 
from the appointed day and accompanied by a fee of ten rupees and the 
prescribed documents be entitled to have his name entrered in the register. 
 
Explanation.—In this sub-section,— 
 
(1) the expression "merged territory" means the area of a merged State as defined 
in the Bombay Merged States (Laws) Act, 1960 and included in the State of 
Gujarat from the 1st May 1960 and 
 
(2) the expression "merged area" means any area included in the then existin g 
province of Bombay by the Bombay (Enlargement of Area and Alteration of 
Boundaries) Order, 1947 or the Bombay (Enlargement of Area and Alteration of 
Boundaries) Order, 1948 or as the case may be the Bombay (Enlargement of 
Area and Alteration of Boundarie s) (Amendment) Order, 1948 and included in 
the State of Gujarat from the 1st May 1960. 
 
(7) Any person, not being a person qualified for registration under sub -section 
(3), (4) or (6) who proves to the satisfaction of the Committee appointed under 
sub-section (8)— 
 
(a) that he has been regularly practising the Ayurvedic or Unani system of 
medicine for a period of not less than ten years immediately before the appointed 
day and that his name continued to be included in the list kept under section 18 
of the Bombay Medical Practitioners' Act, 1938 in its application to the Bombay 
area of the State or of the said Act as adapted and applied to the Saurashtra area 
of the State for the period as aforesaid, or 
 
(b) that he has been regularly pract ising the Ayurvedic or Unani system of 
medicine as an enlisted practitioner, and— 
 
(i) that he has been practising that system as such practitioner for not less 
than ten years, in any part of the State, or 
 
(ii) that the aggregate of the  period for which he has been regularly 
practising that system as such practitioner and the period for which he 
had been in regular practice of that system immediately before his name 
was entered in the list prepared under this Act, by virtue of his name 
having been entered in the list kept under section 18 of the Bombay 
Medical Practitioners' Act, 1938 in its application to the Bombay area of 
the State or of the said Act as adapted and applied to the Saurashtra area 
of the State, in any part of the State, is not less than ten years, 
 
shall, on an application made in the prescribed form and accompanied by the 
prescribed fee and the prescribed documents, be entitled to have his name 
entered in the register. 
 
(8) All applications for registration under sub -section (5), (6) or (7) shall be 
considered by a Committee of three members of the Board appointed by the 
State Government. The Committee shall make inquiry in respect of such 
Bom. IV of 1950. 
Bom. XXVI of 
1938. 
Bom. XXVI of 
1938. 
 Gujarat Medical Practitioners' Act, 1963 
Guj: 1964 VI 
12 of 27 
applications in the prescribed manner. 
 
(9) Any person aggrieved by a decision of t he Committee appointed under sub -
section (8) may, within a period of one month from the date on which such 
decision is communicated to him on payment of a fee of Rs. 5 appeal to the 
appellate authority constituted by the State Government in this behalf. Th e 
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 Board, and the Director of Ayurved, Gujarat State. The decision of 
the appellate authority shall be final. 
Explanation.—In this sub -section the expression "District Judge" shall 
Lave the same meaning as is assigned to that expression, in article 236 of the 
Constitution. 
 
(10) The register shall include the following particulars, namely :— 
 
(a) the full name and residential asddress 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, on the day immediately preceding the 
appointed day, registered in a register kept under any of the laws referred 
to in sub-section (4), the date of his admission to that register; 
 
(c) the qualifications specified in the Schedule possessed by him, if any, 
and the date on which he obtained each qualification and the auth ority 
which conferred or granted it; and 
 
(d) such further particulars as may be prescribed. 
 
(11) When the register is prepared in accordance with the foregoing provisions, 
the Registrar shall publish in the Official Gazette and such newspapers as the 
Board may select a notice stating that the register containing the names of 
practitioners entered therein up to the date specified in the notice has been 
prepared. 
 
(12) (a) Every registered practitioner shall be given a certificate of 
registration in the pre scribed form. He shall display the certificate of 
registration in a conspicuous place in his dispensary, clinic or place of 
practice. 
 
(b) Such certificate shall be valid only till the name of the registered 
practitioner is not removed from the register. 
 
18. (1) As soon as may be after the appointed day, the Registrar shall, in accordance 
with the provisions of this Act, prepare and maintain thereafter a list of persons 
not entitled to registration under section 17 or under the Bombay Medical Act, 
1912 or the said Act as adapted and applied to the Saurashtra area of the State or 
any corresponding law for the time being in force in any part of the State but 
who have been practising any sysem of medicine other than the Ho moeopathic 
system of medicine. 
 
(2) The list shall contain— 
 
(a) the name of every person who on the 1st May 1960 continued to be 
included in the list kept under section 18 of the Bomay Medical 
Practitioners' Act, 1938 in its application to the Bombay area  of the State 
or the said Act as adapted and applied to the Saurashtra area of the State 
and whose name is not entered in the register under sub -section (5), (6) 
or (7) of section 17 ; 
 
(b) the name of every person whose case is not covered by clause (a)bu t 
who makes an application to the Registrar in the prescribed form 
accompanied by a fee of Rs. 10 and the prescribed documents within a 
period of one year from the appointed day, and who proves to the 
satisfaction of the Committee appointed under sub -section (8) of section 
17, that he has been practising regularly any system of medicine (other 
Preparation of list. 
Bom. VI of 1912. 
 Gujarat Medical Practitioners' Act, 1963 
Guj: 1964 VI 
13 of 27 
than Homoeopathic system of medicine), 
 
(a) in a merged territory or a merged area from a period of not 
less than five yean before the 1st May 1956, or 
 
(b) in the Kutch area of the State for a period of not less than five 
years before the appointed day. 
 
Explanation.—For the purpose of paragraph (b) of this 
sub-section, the expressions "merged territory" and "merged 
area" shall have the meanings assigned to them in sub-section (6) 
of section 17. 
 
(3) The provisions of sub -sections (9) to (12) of section 17 shall apply mutatis 
mutandis to the list prepared under this section. 
 
(4) If the application of any person for registration under sub-section (5) or (6) or 
clause ( a) of sub -section (7) of section 17 and the appeal, if any, under sub -
section (9) of section 17 are rejected, but the Committee appointed under sub -
section (8) of section 17 is satisfied that such person is entitled to have his name 
included in the list, t he Committee shall include the name of such person in the 
list without such person being required to make a fresh application or to pay any 
additional fee. 
 
19. Notwithstanding anything contained in secti ons 17 and 18, no person, whose name 
has been removed, whether before or after the coming into force of this Act, from any 
register or list kept under— 
 
(i) the Bombay Medical Practitioners' Act, 1938 as in force in the Bombay area 
of the State ; 
 
(ii) the Bombay Medical Practitioners' Act, 1938 as adapted and applied to the 
Saurashtra area of the State; or 
 
(iii) any other law for the time being in force in India or any part thereof 
regulating the registration of practitioners of medicine, 
 
for infamous conduct in a professional respect shall be entitled to have MB name entered 
in the register or the list, as the case may be, unless the Board, on sufficient cause being 
shown, directs his name to be entered therein on such conditions and on payment of such 
fees as may be prescribed. 
 
20. (1) If a registered practitioner has been, after due inquiry held by the Board (or a 
Committee appointed by the Board for that p urpose) in the presetibfld manner 
found guilty of any misconduct by the Board, the Board may— 
 
(a) issue a letter of warning to such practitioner; or 
 
(b) direct the name of such practitioner either to be removed from the 
register for such period as may be  specified in the direction, or to be 
removed from the register permanently. 
 
Explanation.—For the purposes of this section, "misconduct" 
shall mean— 
 
(i) a cognizable offence by a registered practitioner which involves moral 
turpitude, and for which he is convicted by a criminal court, or 
 
(ii) a cognizable offence by a registered practitioner subject to military 
law, for which he is convicted under the Army Act, 1950, or 
 
(iii) any conduct which, in the opinion of the Board, is infamous in 
relation to the medical profession, particularly under any code of ethics, 
if any, prescribed by the Board. 
 
(2) If the name of any such practitioner is entered in— 
 
Persons not entitled 
to registration or 
enlistment. 
Bom. XXVI of 
1938. 
Bom. XXVI of 
1938. 
Bom. XXVI of 
1938. 
Removal of names 
from register or list. 
XLVI of 1950. 
 Gujarat Medical Practitioners' Act, 1963 
Guj: 1964 VI 
14 of 27 
(a) the register maintained under the Bombay Medical Act, 1912 or any 
corresponding law for the time being in force in any part of the State; or 
 
(b) the register or list maintained under any law for the time being in 
force in relation to the qualifications and registration of Homoeopathic 
practitioners in any part of the State, 
 
it shall be the duty of the Registrar to give intimation of such removal to the 
authority entitled to maintain the register, or as the case may be, the list. 
 
(3) If the name of a registered practitioner is also entered in the register OP the 
list, as th e case may be, maintained under any of the laws referred to in sub -
section (2) and it is removed from such register or list, the Board shall, if such 
removal comes to its notice, also remove his name from the register under this 
Act. 
 
(4) The Board may, on  sufficient cause being shown, direct at any subsequent 
date that the name of a practitioner removed under sub -section (1) shall be re -
entered in the register on such conditions and on payment of such fees, as may 
be prescribed. 
 
(5) The Board may, of its own motion, or on the application of any person, after 
due and proper enquiry and after giving an opportunity to the person concerned, 
of being heard, cancel or alter any entery in the register if in the opinion of the 
Board, such entry was fraudulently or incorrectly made. 
 
(6) In holding any inquiry under this section, the Board, or a Committee 
appointed by the Board, shall have the same powers as are vested in Civil Courts 
under the Code of Civil Procedure, 1908, when trying a suit, in respect  of the 
following matters, namely :— 
 
(a) enforcing the attendance of any person, and examining him on oath ; 
 
(b) compelling the production of documents; and 
 
(c) issuing of commissions for the examination of witnesses. 
 
(7) All inquiries un der this section shall be deemed to be judicial proceedings 
within the meaning of sections 193, 219 and 228 of Indian Penal Code. 
 
(8) (a) For the purpose of advising the Board or a Committee appointed by 
it, on any question of law arising in any inquiry u nder this section, there 
may, in all such inquiries, be an assessor, who on the date of 
appointment is— 
 
(i) an Advocate enrolled under the Indian Bar Councils Act, 
1926, or the Advocates Act, 1961; or 
 
(ii) an attorney of a High Court, 
 
and has practised as an advocate or attorney for not less than ten years. 
 
(b) In every inquiry under this section, the advice to be tenderd by an 
assessor to the Board or to the Committee, as the case may be, on any 
question of law, shall be tendered by him in the presence of the 
registered practitioner whose misconduct is under inquiry or the person 
representing him at the inquiry and if the advice is tendered after the 
Board has begun to deliberate as to its findings, such practitioner or 
person shall be informed what advice the assessor has tendered. Such 
practitioner or person shall also be informed if in any case the Board 
does not accept the advice of the assessor on any such question as 
aforesaid. 
 
(c) Any assessor under, this section may be appointed either generally, or 
for any particular inquiry or class of inquiries, and shall be paid such 
remuneration as may be prescribed. 
Bom. VI of 1912. 
V of 1908. 
XLV of  1860. 
XXXVIII of 1926. 
XXV of  1961. 
 Gujarat Medical Practitioners' Act, 1963 
Guj: 1964 VI 
15 of 27 
 
(9) The provisions of sub -sections (1) to (8) shall apply mutatis mutandis to the 
practitioners included in the list. 
 
21. (1) It shall be the duty of the Registrar to keep and maintain the register on, as 
the case may be, the list correctly, as far as possible, and from time to time to 
make and revise the entries therein and to is sue the certificates of registration or 
enlistment and renewal slips, in accordance with the provisions of this Act and 
the rules, and the orders of the Board. 
 
(2) The names of registered practitioners or enlisted practitioners who die or 
whose names are directed to be removed from the register or list under 
subsaction (1) or sub-section (9) of section 20 shall be removed therefrom. 
 
(3) Any person whose name is entered in the register and who subsequent to his 
registration obtains any additional qualifica tion which is specified in the Schedule, or 
desires any change in his name to be recorded in the register shall, on an application 
made in this behalf and on payment of such fee as may be prescribed, be entitled to have 
such qualification or change entered in the register. 
 
(4) For the purpose of this section, the Registrar may at any time enquire of a registered 
practitioner or enlisted practitioner by writing to him a registered letter at the address 
which is entered in the register or list whether he has  ceased to practise or has changed 
his residence, and if no answer is received within six months after the delivery of the 
letter to him, the Registrar may remove the name of such practitioner from the register or 
list, as the case may be. Such inquiry sha ll be made at least once not less than one year 
before the term of office of the members of the Board is due to expire. 
 
(5) A practitioner whose name is removed from the register or the list under sub -section 
(4) may apply to the Registrar for re -entry of his name in the register or list stating the 
circumstances in which the letter addressed to him under sub -section (4) could not be 
replied by him and if after holding an inquiry the Registrar is satisfied that such 
practitioner has not ceased to practise he shall re-enter his name in the register or the list 
on payment by the practitioner of the prescribed fees to the Board. 
 
22. (1) On the expiry of a period of one year from the date of publication of the 
notice under sub-section (11) of section 17, and every five years thereafter, every 
registered practitioner, shall be liable to apply to the Registrar and to pay to the 
Board the prescribed renewal fee for the continuance of his name on the register. 
 
(2) (a) If the renewal fee be paid on or before the due date, the Registrar 
shall issue to the registered practitioner a renewal slip in the prescribed 
form specifying the date upto which the validity of the certificate of 
registration has been extended. 
 
(b) If the renewal fee be not paid by the  due date, the Registrar shall 
remove the name of the defaulting practitioner from the register. On such 
removal, the certificate of registration issued to the practitioner shall be 
deemed to have been cancelled : 
 
Provided that, the name so removed may be  re-entered in the 
register on payment of the outstanding renewal fees, and such additional 
fee as may be prescribed. On receipt of such fees the Registrar shall issue 
a renewal slip as provided in clause (a). 
 
(3) The provisions of sub-sections (1) and (2) shall apply mutatis mutandis to the 
practitioners included in the list. 
 
23. (1) At such time after the publication of the notice under sub -section (11) of 
section 17 as the Board d eems fit, and thereafter at the prescribed intervals, the 
Registrar shall cause to be printed and publishe a periodical list of all persons for 
the time being entered in the register and shall also publish  such periodical list 
in the Official Gazette. 
 
(2) Except in a year in which a periodical list is published under sub -section (1), 
the Registrar shall cause to be printed and published annually on or before the 
Maintenance of 
register and list. 
Renewal fee. 
Publication of 
Periodical list of 
registered and 
enlisted 
practitioners. 
 Gujarat Medical Practitioners' Act, 1963 
Guj: 1964 VI 
16 of 27 
prescribed date an addendum and a corrigendum to the periodical list published 
under sub-section (1) showing :— 
 
(a) the names of all persons for the time being entered or re -entered in 
the register, and not included in any subsisting periodical list already 
printed and published; and 
 
(b) the names of all practitioners included in any subsisting p eriodical 
list, whose names have since been removed on account of any reason 
whatsoever from and not re-entered in the register; and 
 
(c) any other amendments to the subsisting periodical list. 
 
(3) The form of the periodical list published under sub-section (1), the particulars 
to be included therein, and the manner of its publication, shall be such as may be 
prescribed. 
 
(4) A copy of the periodical list shall be evidence in all Courts, and in all judicial 
or quasi -judicial proceedings, that the persons t herein specified are registered 
according to the provisions of this Act and the absence of the name of any 
person from such copy shall be evidence, until the contrary is proved, that such 
person is not registered according to the provisions of this Act : 
 
Provided that, in the case of any person whose name does not appear in 
such copy, a certified copy under the hand of the Registrar of the entry of the 
name of such person in the register shall be evidence that such person is 
registered under the list prepared and maintained under section 18. 
 
(5) The provisions of sub -sections (1) to (4) shall apply mutatis mutandis to the 
list prepared and maintained under section 18. 
 
24. Fees paid under sections 17, 18, 20, 21 and 22 shall not be refunded. 
 
25. Notwithstanding anything contained in any law for the time being in force— 
 
(i) the expression "legally qualified medical practitioner" or "duly qualified 
medical practitioner" or any word importing a person re cognised by law as a 
medical practitioner or a member 

Excerpt shown. Open the full act in Lexace.

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