THE MADHYA PRADESH REGULATION OF COUCHING
ACT, 1944
Preamble Sections
1. Short title. (No. 2 of 1944) ,rJ:;il't:E-,{)F ·~
2. Meaning of registered practitioner.
3. Penalty for unlawful couching.
4. Penalty for abetment of offence. Page
164
164
164
164
5, Offence to be cognizable, bailable and compoundable. 165
6. Jurisdiction of Magistrates. Cognizance of offences.
165
165
163
164
Short title. Meaning of registered practitioner.
Penalty for unlawful couching.
Penalty for abetment of offence.
THE MADHYA PRADESH REGULATION OF COUCHING
ACT,1944 \
(No. 2· of 1944)1
(Received the assent o.f the Governor on the 26th March 1944; assent first published in the "Central Provinces and Berar Gazette" on the 31st March 1944.)
An Act to prevent couching by unqualified persons. Preamble.
Whereas it is expedient to prevent couching by unqualified persons;
And whereas the Governor of the Central Provinces and Berair has assumed to himself under the Proclamation, dated the 10th November 1939, issued by him under section 93 of the Govern- ment of India Act, 1935, all powers vested by or under the said Act in the Provincial Legislature;2
Now,,, therefore, in exercise of the said powers, the Governor of the Central Provinces and Berar is pleased to make the following Act:-
. 1. (1) This Act may be cited as the [Madhya Pradesh]3 Regulation of Couching Act, 1944.
[(2) It extends to and shall be inforce m the whole of Madhya Pradesh.]4
2. In this Act, the expression "registered practitioner"
shall have the meaning assigned to it in the Central Provinces and Berar Medical Registration Act, 1916 (1 of 1916).
"
3. Whoever, not being a registered practitioner, or not pos~essing a professional __ gualifiction entitling . him ~o be reg1stcered under the Central Provinces and Berar Medical Registra- tion A:ct, 1916 ( 1 of 1916), couches or attempts to couch or agr~es or offers by physical means or interference with the eye to give vision to a person suffering from cataract, with or without that person,'s consent, shall on conviction, be punishable with impris_?- ment of either description for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.
4'. Whoever abets the commission of an offence under this Act shall, on conviction be punishable with the punishment provided for the offence in :ection 3.
l. For Statement of Objects and Reasons, see Central Provinces and Berar Ga;zette, dated the 2nd April, 1943, Part II, page 8.
2. Tne whole Act has been continued aftar 26th April. 1948, vide provisions of C. P. and Berar Act 48 of 1947, S. 2 (!).
3. Subs: by M. P. Act 23 of 1958, S. 3 (4), for "Central Provinces and Berar".
4. Subs. ibid, S.3 (3 ), Sch, part A, item 43.
THE MADHYA PRADESH REGULATION OF COUCHING ACT, 1944 165
5. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Vofl898) an offence punishable under this Act shall be cognizable and bailable and may be compounded with the permission of the Court.
6. (1) No Magistrate having powers inferior to that of the second class shall try any offence punishable under this Act. Offence to be cogni-
zable, bailable and
compoundable.
Jurisdiction of Magistratc-s.
(2) A Magistrate may take cognizance of an offence under Cognizance of offences. this Act-
(a) on a report of a police officer ;
(b) on information of any other person;
(c) upon his own knowledge or suspicion that such offence has been committed:
Provided that no cognizance shall be taken where the offence alleged was committed more than six month previously.
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