This Act may be called the Indian Medical Degrees Act, 1916.
In this Act "western medical science" means the western methods of All opathic medicine, Obstetrics and Surgery, but docs not include the Homoeopathic or Ayurvedic or Unani system of medicine 1*[and "States" means all 2*[the territories which immediately before the 1st November, 1956, were comprised] within Part A States and Part C States].
The right of conferring, granting, or issuing in the States degrees, diplomas, licences, certificates or other documents stating or implying that the holder, grantee or recipient thereof is qualified to practise western medical science, shall be exercisable only by the authorities specified in the Schedule, and by such other authority as the 1*[State Government] may, by notification2* in the Official Gazette, and subject to such conditions and restrictions as it thinks fit to impose, authorise in this behalf.
2. For notifications authorising certain institutions in the various States to grant certificates, diplomas, degrees, etc., see Gazette of India, 1916, Pt. I, p. 1155: ibid., 1917, pp. 567, 690, 2050: ibid., 1918, p. 128: ibid., 1921; p. 1522; ibid., 1922, p. 273.
Save as provided by section 3, no person in the States shall confer, grant, or issue, or hold himself out as entitled to confer, grant, or issue any degree, diploma, licence, certificate or other document stating or implying that the holder, grantee or recipient is qualified to practise western medical science.
Whoever contravenes the provisions of section 4 shall be punishable with fine which may extend to one thousand rupees; and, if the person so contravening is an association, every member of such association who knowingly and willfully authorises or permits the contravention, shall be punishable with fine which may extend to five hundred rupees.
Whoever voluntarily and falsely assumes, or uses any title or description or any addition to his name implying that he holds a degree, diploma, licence or certificate conferred, granted or issued by any authority referred to in section 3, or recognised by the General Council of Medical Education of the United Kingdom, or that he is qualified to practise western medical science, shall be punishable with fine which may extend to two hundred and fifty rupees, or, if he subsequently commits, and is convicted of, an offence punishable under this section, with fine which may extend to five hundred rupees:
Provided that nothing in this section shall apply to the use by any person of any title, description, or addition which, prior to the commencement of this Act, he used in virtue of any degree, diploma, licence or certificate conferred upon, or granted or issued to him.
No court shall take cognizance of an offence punishable under this Act, except upon complaint made by order of the State Government, or upon complaint made, with the previous sanction of the State Government, by a Council of Medical Registration established by any enactment for the time being in force in the State.
No Court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence punishable under this Act.
(Sec section 3)
1. Every University established by 1*[a Central Act].
2. The State Medical Faculty in Bengal.
3. The College of Physicians and Surgeons of Bombay.
4. The Board of Examiners, Medical College Madras.
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