The Odisha Ayurvedic Medicine Act, 1960

'[Tm OBlSSA AY URVEDIC MEDICINE ACT, 19601 [Received the nssent of ilzc! Presideul on tlte 17th June 19G0, first publid~ed ill n12 ~xfraorditlary issue of the Orissa Gazette, h i e d the 13th July 14601 AN ACT TO PROVIDE FOR THE DEVELOPMENT OF m E AYURVEDIC SYSTEM OF MEDICINE, TO REGUI.ATE ITS TEACHING AXD PRACTICE, AND TO-CONTROL THE SALE OF INDI- GENOUS MEDICINAL HERBS A N D DRL'GS IN THE STATE OF ORISSA Be It enzcicd by the Legislature of the State of Orissa in tlze Eleventh Year of the Republic of India as follows :- CHAPTER I P~ELTM~NARY 1. (1) This Act may be-called the Orissa Ayurvedic Shdn title, exknt nnd Medicine Act, 1960. commtme. ment. (2) T t extends to the ~vllole of the State of Orissa, (3) Tt shall come inin force on such date or dates as the State Govcrnm~'r~t may, by notification: appoint, and different dqtes may be appointed for different provisions of this Act. '2. Tn tllis Act, unless there is anything repugnant Bufmitioa in the subject or contc;ut,-- (i) "A>run~cdic Svstcrn of Medicine" or "Ayur- vedic .Mcd icine" meafis the Ayurvedic Svstern .of hfcdicine, incltiding the Sidha ~3stern- of lcdicinc, ivl~ether suppIernent- ' ed or not by such modern. medicines as ' ,Faculty may from time to time determine ; - - - - - . .. * - ...A. I . ~ , v ~ h t ~ n i c n ! of Ohjcct: ::sd Rcwnns .we Oris.:a Guzetlc, W t a - ordinary. c1~1e.f t i i t 15th Septcni!~.:. 1951 (N.> 5;3) an3 Ft-r Report of Stl& Comu>itlrc, .~rt. ;I?([ r?;lrc.I the En,! Fcl~rl!:try, 1960 ( - o; 233-A). hll !Ilc n::lv&l -1:s canlc i l l tn Fwr3 in t l ~ c who!c Statc of Orissa with cff&t fr ,I, 1 ~ ! . . 1 Sc. ircVn+~rr. 1950-vi i n : Nr:r iCs,:rion Nd. 13531-H., dated tltt 31sl ,\usr151, I!J@ pu91isI~cd in Ori~ .w Gn:r?rc, dalcd rhc 16th S~ptrnba, 1960, Pl. I l l , j - ~ . 6%. 2 14 O~rssn AYURVEDIC M E D I C ~ E ACT, 1960 [Or. Act 14 (Sec, 2) (il) "Bye-laws" means the bye-laws made by the FacuIty under subsection (3) of section 20 ; (iii) "Chairman" means the Chairman of the Faculty ; ( iv) "Council" means the Orissa Stata Council of Ayurvedic Medicine, established and constituted under section 3 ; ( Y ) "Faculty" means the State Faculty of Ayurvedic Medicine established under section 4 ; ( v i ) "Government" means the State Govern- ment of Orissa ; (vii) "Inspector" means the Inspector appoint- ed by the CounciI under clause ( ix) of - , section 19 ; - , (viii) "List" means the' list of the Ayurve dic Practitioners prepared and maintained under section 41 ; (lx) "Member" means a member of the C~uncil or the Faculty, as the case may be ; (x) "Midwife" means one who holds a diploma Or certificate in 'Midwifery from an Institution affiliated to or recognised by thc Faculty ; (x i ) pr-.... aL;~ioner'' means a person who practises the Ayurvedic System of Medicine in the State of Orissad; (xii) "prescribed" means prescribed by the rules framed under this Act ; (xiii) "President" means the President of the Council ; (xiv) "Qualifying Examinition" means an examination specified in section 29 ; (-rv) "recognised institution" means '[The Gopabandhu Ayurveda Mahavidyalaya, Puri] and such other Ayurvedic tcaching institution as may from time to time be recognised by the Faculty under this Act ; ' i .-- +--.----- - 1 1- ~ubslitukd by the 0 4 s a &urvedic Mcdicint (Amendment) Am 1370 (Or. Act 29 of 1970). s. 2. (xvi) "register" means the Register of Practi- tioners maintained under section 24 ; (xvii) "registered practitioner" means a practi- tioner whose name is for the time being entered in the Register ; (xviii) bLRe&i~trar'' means the Registrar appoint- ed under section 22 ; (xix) "regulations" means the regulations made by the Council under section 56 ; (xx)"rules" means the rules made by the Government under section 57 ; (xxi) "Schedule" means the Schedule appended to this Act ; (xxii) "surgeon" means a "Vaidya" or "Kavi- raj" who holds a d$loma of surgery from an institution aEhated to or recognised by the Faculty ; (xxiii) "Vaidya" or "Kaviraj" means a practi- tioner of Ayurvedic System of Medicine. CHAPTER 11 ESTABLISHMENT A N D COKSTITUTION OF THE &UNC~L AND THE FACULTY 3. (1) The Government shall, by notification in nlab*ish- ment and the official Gazette, establish a Council to be caIiedconsti~tion "The Orissa State Council of Ayurvedic Medicine". 2 2 ~ ~ . Such Council shall be a body corporate and shaI 1 have perpetuar succession and a common seal with power tcl acquire and hold property, both mouablz and ~mrnovaI$e, and to transfer any such property sub- ject to the prescribed conditioils and may by the said name sue or be sued. (2) The Council shall consist of the following members, namely :- ' [ ( i ) the Director of Indian Medicine and Hqmoeopathy who shall be the President of: the Council ;] . 1. Substituted by tho Oo'm Ayurvedic Medicine (-4mendmcnt) Act, 1974 {Or, Act 8 of 19741, s. 2. , . THE O ~ r s s ~ AYURVEDIC h1~~1c1h.s ACT, 1960 [Or. Act 14 (ii) four members qualizzd in the Ayurvedic Sysccm of Medicj~lz 'i.o b~ nomir~ated by Governmer~t out of i~horn one shall be a rvosnan ; ( i i i ) two rne:nbei.s to bc electzd by the Orissa Legislative Asseix5iy from amongst its members by meens of a single transferabie vote ; (ill) one mc!nber to be elect-:d, in Shc manner as may be pi-esc!.ibed, by the Fac.ulty of Medicine of the Utkai University from amongst its rnexbzrs ; ( v ) one member to be electcd, in the prescribed mannc-, by the Cwdncil of Oiissa Assodia- t ion of Sanskrit Learrri i~g-atld Culture who shiiil be a practitioner ; (ri) two members to be electcd, in the prescribed m a ~ ~ n e r by the teachers of the Ayurvedic Ins t i tu t i~ns aaiiatcd to the Faculty from amongst thenlseIves ; (~*ii)tw*o members tci be elected in the prescribed manner, from amongst them- selves, by the registered diploma-holders of the Council and its predecessor the Orissa Ayurtredic Ex~mination Board ; (riii) three members to be eIected, in the, prescribed manner, from amongst .them- selves, by the Registsred Practitioners ; (ix) Principals of the Ayurvedio Institutions aaliated to the Faculty. mtnbli~h- 4. There sh8aIl be established by the Cbunca for w t p a 4 the purposes of this Act a State Fzculty of Ayurvedjc constltutloa of faculty. Medicine, consisting of- ( i ) the President of the Council who shall be the ex oflcio Chairman of the Faculty ; (ii) the Pincipals of the Ayurvedic Institutions M a t e d to the Faculty ; (iij) three eminent Ayurvedic Physicians to be ncminated by the Government ; (iv) two a m b e r s , to be elected,; in the prescribed rnannei, by the teachers of the Ajurvedic Institutions afiiliated to the Faculty from amongst thcmseives ; ( v ) the member of the Council elected under clause ( i l l ) of sub-section (2) of section 3 ; ( p i ) members of the Council elected unaer clause (iii) of sub-section (2) of section 3. 5. (1) On thc date the first Council is constituted DimolUti3n under the provisions of this Act, the existing "Orissa ~ f t h e e x h t * rog fioard Ayurvedic Examination Board" shall ,cease to exist md SMUD and all i ts assets and liabilities shall devolve upon the Of acts- ! ' Council so coqstituted. (2) All acts begun whether pending or completed by .the said O ~ ~ S S ~ L Ayurvedic Exarrli~lat ion Board by the dabof the co~lsfitutiou of the first Council. shall in so far as they relate to the functions allotted to the Council under this Act be dcemd to have begun or performed by the Council constituted under this Act, arid such acts may be carried on and coinpleted by or under the autharity of the Council so constituted. 6. The elcaion of the pcl.sails, ent&lc\d to be the nrctronor members of the Council or the Fi~culty sllall be held "cmb"6- at such ~ i m e and place and in such manner as may be prescribed by the Government : Provided,that wllen the Council and the Faculty are to be established for tho &st time, the n~clvb~rs to be elected under clauses (iii) to (viii) of sub-section (2) of section 3 and clause (iv) of section 4, as the case may be, shall be norni~~ated by the Govern- &nt and the. Council and the Faculty so constituted for' fhe;kst time shall hold oficc for a pcriod cf fiye years from the date of publication of the names in the official Gzzette under section 8 or far sych further pericd as the Gdwrnment may by fk in this bzhajf. 7. Save as otherwise provided in this Act- T C ~ at ; I - o'flicc . I (a) the term of office of the elccted and norni~~ated members of the Council,, slzall be for five years t7ri.om the date of publication of their nan~es in the cjtkial Gazette unaer section 2 and shall incltrdc any further peribd which_ may elspse- between .the expiration of the said period of five years and the -date- of the k s t meeting of the next succeeding Council at , which quo- is present ; 218 'faa ORISA AYURVEDIC MEDIC^ ACT, 1960 ! Or. Act 14 (Sets, 8-91 (b) the term of office of the elected and nominated members of the Faculty shall. expire on the same date on which the term of office of the members of the Coun~il expires : Provided that members elected by the electorates specified in clauses (iii) to (viii) of sub-section (2) of section 3, or under clause (iv) of section 4, shall cease to be members of the Council or the Faculty, as the case niay be, as soon as they cease to be'the members of these electorates: =[Provided further that where any member is elected subsequent to the reconstitution of the Council or the Faculty, as the case may be, to bII up any seat allotted to any constituency due to the reason that such constituency was not in existence at the time of such recons titutioa but came into existence subsequent thereto, the term of oEce of such member shall be co-terminus with the term of office of the existing members 'of the Council or the Faculty, as the case may be.] hotidcution of olccfions 8. The names of thc Pimesidetlt, the Chairman and of every m e ~ b e r nominitited or eIected under sections adya- - 3,4, 6, 9 or 10, shall be published in the ofiicial Gazette c i m by the Government: 'provided tbat the names of all the members who are nominated or elected for the purpose of reconsti- tution of the Council or the Faculty, as the case may be, shall be published simultaneously.] Nomination 9. If on any election, any of the electorates referred $rd2,;fl to in clauses (iii) to (viii) of sub-section (2) of section ofasriw. 3 or clause (iv) of section fails within such period as may be pres,cribed to elect a-member or' members referred to in ,the said clauses, or oa the occurrence of any casual vacancy, to that vacancy as provided in section 10, the Government shall nominate a person or ersons possessing the requisite qualifications to &I such a vacancy or vacancies, and the ,person or persons so nominated shall for the purposes of this Act be deemed to have been duly elected under section 3 or 4 as the case may be. 1. ~ r t d by the O W .Ayurvedic Medicine (Arn&dmmt) Act, 197. ,(Or. Act 18 of 1972), s. 3. 2. Addtd by bid, a.'4. ' - . , (Sem. 10-1 2) 10. If the President or the Chairman or member of the Council or the FacuIty is unable by reason of his death, resignation, rcrnovaI or otl~erwise, to complete his full t e r~n oC office, the vacancy so caused shall be filled by nomination or election, as the case may be, by another person within the prescribed period and the person so nominated or elected, shall fill such vacancy for the unexpired portion of the term, for which the member i n whose place such person is nominated or elected would otherwise have continued in office : Provided that, in the case of a member who is to be elected, if the vacancy is for a period of six months, or less, the Council may direct that the vacancy may remain unfilled till the next general election. 11. Any member of the Council or the Faculty~m~gnnti~n other than the President or the Chairman may at any of Pmfdtnt or mtmbcrr. time resign his office by a letter addressed to the President or the Chairman, as the case may be. Such resignation, after due verification, shall take effect from the date, on which it is accepted by the Council or the Faculty as the case may be. 12. No person shall be eligible for election or ,,,aIu,, norniriation as a member- t i o m (a) who is less than twenty-five years of age ; (h) who is insane or of unsound mind ; - (c) who is an employee of the Council or the Fac~rlty ; (4 who has applied for being adjudged an iflsofveat or i s an undischarged insolvent ; (c) who has been convicted of any oEence under this Act ; (f) who has been convicted of an offence involving- moral turpitude which in the opinion of the Government renders him unfit to hold office ; (g) who has, on the previous occasiog, been remov~d from ofice under section 13 ; whose hame has been removed from the register ; 220 THE ORISSA AYURVEDICMEDICJNE ACT, 1960 [Or. Act 14 (Sec. 13) ( i ) who has, directly or indirectly or by himself or as a partner, any share or interest in any contract ,with, by or on behalf of the Council or Faculty ; (j) who has been appointed as' Legal Advis~r to the Council. or Faculty : Provided that the Governmenf may in any parti- cular case reniove this disqualificatim. Disabilities for conlinu- 13. ( I ) ' If any member, during the period for which i n number. he has been nominated or elected- (I) absent himself, without such reasons a3 may, i n the opinion of the. Council or the Faculty be sufficient, from three consecritive ordina,ry meetings of the Council or the Faculty ; or (ii) is or becomes subject to any of the dis- qualifications specified in section 12 ; or (iii) refuses to perform or is incapsble of per- forming any of the duties assigned ,to him under this Act : or ' @) being a Iegd ~ractitioner. amears in any suit or proceeding whether .Civil, Criminal or Revenue, against the Council ; he shall be removed from membership : Provided that befote rem,oving a member from office t%e Council or the Faculty,. as the case may be, shall call for his explanation and record its findings therein. (2) Any member removed from ofice by the Council or the Faculty under sub-section ( I ) may, within thirty days from the date of his removal, 4 appeal to the Government and the or er of tha Government on any such appeal shall be h a . (3) The Govefnment may remove the President or the Chairman from office on any of the grounds spdfied in sub-section ( I ) after calling for aa explanation fmkn him, , , , . (Secs. 14-17) Ail owaact 14. (1) There shall be paid to the Presid&t or of President, the Chairman and the members of the Council the Faculty, such travelling and other allowances as members. may be prescribed. (2) No person shall receive any pay or special pay as President or Chairman or as a member of the Council or the Faculty. 15. The Council or the Facultv shall ha7.e a n z z z d ofice at the headquarters of the Government andmeetias of shall meet at such time and place and every meeting ~ ~ ~ ~ . " O d of the Council, and the Faculty shall be summoned in such manner as may be prescribed by regulations or bye-laws, as the case may be : Provided that until such regulations or bye-laws are made, it shall be lawful for the President or the Chairman to summon a meeting of the Council. or the Faculty, as the case may be, at such time and place as may be deemed expedient, bv letter addressed to each member, on a clear notice of fifteen days. i 16. ( I ) The President shall preside at every meeting Procedutt at I ! the rnaetint of the Council. In the absence of the President, the members present shall elect one of them to preside. (2) The Chairman shall preside at evew meetin7 of the Faculty. Tn the absence of the Chairman the members present shall elect one of them to preside. (3) One-third of the members of the Council or the Faculty shall form a quorum. No quorum shall s. be necessary for a meeting adjourned for want of a , . quorum. (4) All questions at the meeting of the Council or the .Faculty shall be decided by the votes cif the majority of the members present at the meeting. (5) At every meeting of the Council or the Faculty, the person presiding, for the time being, shall, in addition to his vpte as a member of the Council ot the F a d t y have a second or casting vote in case of 1 an equality of votes. Validity of 17. No disqualification or defect in the election p m d i n ~ . or norninatjon of any person acting as a member or as the Presidedt or the Chairman or as the President of a meeting in the absence of the President or the Chair- man, shall be deemed .to vitiate any act or proceedings of the Council or the Faculty, as the case may be, in wlick sach person has taken- part, if the majority of the persons who took part in such act or proceedings were duly qualified members of the Council or the Faculty. Establish- 18. ( 1 ) The Council may, subject to the rules m c n t o f made by the Government by a resolution in that Adviqnry committee. behalf, appoint an Advisory Con-lmittee which may consist of as many ~nembers of the Council and out- siders, if any, co-opted for any purpose it deems fit. The said Committee shall discharge such duties, per- form such functions and advise on such matters as may be assigned or referred to it by the Council : Provided that the total number of members of su%h Committee shall not be more than seven. ~ ( 2 ) The Council may from amongst the members o %'he Committee appoint a Convener who shall preside at the meetings of such Committee. T* the abserce of the Convener the members preseqt ,shall elect one amongst themselves to preside at the meeting. (3) AII questions at a meeting of the Committee shall be decided by the votes of the majority of the members present at the time of voting at the meeting. In the case of equality of votes the member Dresiding shall have a second or casting vote. (4) No business shall be transacted at any meeting when less than three members constituting the Commit- tee arc present. (5) The term of office and alIowance, if any payable t o the members of such Committee, shall be ' determined by rules made by the Government in this behalf. *. Poivcrs and 19. Subject t o the provisfons of this Act or the Functions of mles made thereunder the. CounciI shalt have the the C{:uoc~l. following powers and functions, namely :- (i) tb advise the ~overnment in matters relztiting to Ajqlrvedic ~ystkm of Medicine in- cluding research and post-graduate edu- cation ; (iij to accord, stlspend or withdraw recogni- tion or afiliation of Ayurvedic Educational Institutions on the recommendations of the Faculty ; (iiii) to prescribe fees for admission to examina- tions -conducted by the Faculty ; (iv) to allot funds to the Faculty for carrying out its duties; (10) to provide for the registration of prncti- tioners and entry of their names in the register under this Act and to provide far the preparation of the list of practitioners under section 42 ; ( v i ) to reprimand a registered practitioner or - a practitioner whose name is entered in the list or suspend or remove fiim from the register, or list and to take such other disciplinary action against him as nlay in the opinion of the Council be necessary or expedient : Pravided that the Council shall, before taking action under this clause, give the practitioner concerned a reasonable opportunity , of being heard ; (uii) to hear and decide appeals from the decision of the Registrar ; (viii) to endow chairs of ~ ~ u r v e d i c ' System of Medicine and surgery in the institutions amated to the Faculty ; ( ix) to appoint Inspectors for the inspection of Ayurvedic institutions, d ispcnsaries, hospitals, druggists' shops or firms in the S-kite and to require institutions giving instructions in the Ayurvedic System of Medicine to furnish such information as may be necessary ; (x ) to register and issue licences to reliable firms, for sale of genuine Ayurvedic drugs : Provided that no such licence shall be issued without the approval of the Government ; (xi) to perform, such other functions for the development of Ayurvedic System of M,edidne as may be consistent with the provisions of this Act ; and (xii) to exercise such other powers as may be specified by or under this Act, 224 THE ORISSA A w ~ v ~ i ~ c c MEDICINE ACT, f 9-60 [Or. Ant 14 (Sec. 20) 20. (1) Subject to such conditions as may be pow*smd prescribed by or under the provisions of this Act, Functions of the F C U ~ ~ . the powers and functions of the Faculty shall be- (i) to prescribe the course of training and the standard and subjects of qualifying examinations in institutions affiliated to the Faculty ; (ii) to hold qualifying examinations and other examinahons, to appoint examiners, to fix their fees and allowances and to declare and publish the results of the examina- tions ; (iii) to grant cerGcates to and confer degrees or diplomas on or grant licences to persons who shall have pursued a course of study in the institutions amated to the Faculty ; ( iv ) to recommend award of schoIarships, stipends, medals, prizes and other awards to the Council ; ( y ) to prepare, publish and prescribe text-books and to publish prescribe courses of study ; (vi) to provide for the maintenance of an adsquate standard of proficiency for the practice of the Ayurvedic System of -Medicine ; (vii) to recommend schemes for post-graduate training in Ayurvedic System of Medicine ; (viii) to appoint t-hrough the Council, with the previops sanction of the Government, officers and servants as may be .necessary ; ( ix) to make recommendations to the Council for the filiation or recognition or for suspension or withdrawal of recognition or &Hiation of Ayurvedic Institutions : provided that no action of withdrawal or ~spension of recognition shall be taken w i t k t &ording the Committee of management of institutions an opportunity to improve the institution wifhin a reasonable period or for making a represea;. tation against the .proposed action ; (x) to appoint t.hrough the Council any Committee or Board of Studies as may bc necessary, with the previous approval of the Government and to lay down their constitutions, duties and functions. Such Committee or Board may have members who are not members of the Faculty ; and (xi) in discharge such qther functions of academic nature as may be deIegated to it by the Council with the previous sanction of the Government. (2) No act done by the Faculty shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of the Faculty. (3) ( i ) Subject to the provisions of this Act and the rules and regulations made thereunder, the Faculty may, with the previous sanction of the Government, make byelaws for the following matters, namely :- (a) the murses of study for training and qualifying examination ; (b) the language in which the examinations shall be conducted and instructions shall be given ; (c) the admission of studeats to the recognilsed institutions ; (d) the conditions under which students shall be admitted to degrees, diplomas, licence or certificate courses and t o the qualifying examinations of the Faculty and shall be eligible for degfees, diplomas and certi- ficates ; (e) the conditions and mode of appointment and duties of Examiners and the conduct of e,xaminations ; I Cf) the conditions for the recognition of teacher in recognised institutions ; (g) the number, and qualifications of teachers of the educatio~~al ir~stitutions affiliated to the Faculty, with a view to secure high s:attdard of proficiency in teaching and traini~lg at those institutions- ; (11) the conditions and requirements for the affiliation or the recognition of teaching institutions ; (i) the procedure to be followed at an inquiry instituted by the FacuIty ; (j] the custody of the comnlon seal ; and (k ) any other matter in respect of which the Faculty is by the provisions of this Act either required or expressly or impliedly authorised to make bye-laws. (ii) All bye-laws. shall be publisl~ed in the official Gazette and shall not take effect until they have been approved and confirmed by the Government. (iii) The Government may by notification in the official Gazette, cancel any bye-law. Dii3grct- mcnt 21. In the event of d.isagreement between the betwccn the Faculty and the Councjl on any matter, a reference connii' thc Facclty. shall be made by the Council to the Government and the decision of the Government shall be final. ---- CKAPTER IT1 .Appoint- 22. (1 ) The Government shall appoint a Registrar mcnt 3rd conditions or who shall be the Secretary t o the Council as well. as scrvice af the Secretary to the Faculty. Rezistrar and other ofiwrs and (2) The salary, allowar~ces- and other conditions scwants of of service of the Registrar shall'-Fe. such as may be fhccouncil- determined by the Government. (3) (i) The Council may, from time to times appoint such other officers and servants as may be necessary for carrying out the purposes of this Act : Provided that the number and designation of such officers and servants, their salaries and aIIowances s b l l be subject to t4e previous approval of the Govern~nellt. (Sets. 2,?- 24) (ii) The punishment, dismissal, discharge and removal of any such officer or servant shall be subject to rules made by the Governlnent in this behaIf. (4) All questions of pay, alloivances, promotions, leave, pension and provident fund relating to the officers and servants other than the Registrar of the Council shall be governed by rules generally applicable to the servants of the Government of sirniIar category and rank. (5) The Registrar or any othcr oficer or servant appointed under this section shall be deemed to be a ~ c t 45 of public servant within the meaning of section 21 of 1860. the Indian Penal Code. (6) All officers and servants of the Council or the Faculty shall be under the direct controI and supervision of the President or the. Chairman as the case be. 23. (1 ) The Registrar and other officers and and duties of servants of the Council shall exercise such powers and Rekistrar perform such duties as may from time to time be and 0 t h ~ ~ oIClccrs and conferred or imposed on them, under this Act or scrvants~f underany rules framed thereunder or under any the Council- general or special orders of the Council. (2) The Registrar may take part in the discussions before the Council or the Faculty, but shall not be entitled to vote. CHAPTER IV 24. (1) Subject to any general or special order, Maintenance of rcgistcrs which may from time to time be made by the Council, and the list. the Registrar shall maintain a register or registers of Ayurvedic Practitioners practising the ,Ayurvedic System of Medicine in the State of Orissa in the prescribed form and it shall be the duty of the Registrar to keep the register correct and up-to-date, as far as practical$e; in accordance with the provisions made by or; under this Act. The Registrar shall also maintah the fist of practitioners in accordance with the provisions contained in section 41. 228 THH ORISSA AYURYBDXC M E D I C ~ E ACT, 1960 Or. Act 14 (Sees, 25-26) (2) (i) The Registrar shall, with a view to kezp the register correct and up-to-dzte, as far as possible, from time to tirne. enter thcrcin any material alterit- tion in the addresses or qualifimtions of the practi- tioners or remove the names of the practitioners, who die or whose names are directed to be removed from the register under section 32 : Provided that the Government may direct that any alteration in the entries as respects additionaf quaGfications shall not be made unless payment of such fees as may be prescribed is made. (ii) For purposes of this sub-section the Registrar may write to any registered practitioner at the address which is entered in the register to eizquire whether he has ceaszd to practice or has changed his residence and if no reply is received to the said letter within three months, the Registrar may issue a reminder by registered post and in case no reply 'is received to the reminder within two months' from the date of issue, he may remove the name of this said practitioner from the register : Provided that the Council may if it thinks fit, direct that the name of the said practitioner be reentzred i n the register on payment of the fees. (3) The register shaII be in such form as may be prescribed and shall contain the name, residence and qualification of every practitioner registered together with the date on whch such qualification was acquired. RCPOII of 25. (1 ) Every Registrar of Deaths who receives d-thtothc noti= of the death of a person whose name is likely Rt 'sttar ,r,,,,l to have been entered in the register shall forthwith ofn-e' transmit by post or otherwise to the Registrar of the from re& t t ~ . Council a ce-.tScate of such dcath, signed by him- and stating particulars of the tirne agd place of death. (2) On receipt of such certificate or other reliable information regarding sue: death, the Registrar shall remove the name of the deceased person from the register, Prnonr ti- 26. (1) Every person who is not less than tsa be eighteen years of age and who passes a qualifying rcgistaad. examination or possesses any of the other qualifications mentioned in the Schedule, or belongs to any of the categories of persom specified therein, shall, subject THE OR~SA AYURWIC MEDICINE ACT, 19611 to the provisions contained in or made under this Act and upon payment of such fees, as may be pres- cribed, be entitled, on an. application made to the Registrar in the prescribed form to have his entered in the register subject to such conditions as Ihe Council may impose. When the name of a person has been registered in accordance ivith the provisions, aforesaid, he shaII be granted a certificate in the form as may be-prescribed : Provided that an application for entry of the same in the register of a person whose case is nor clearly governed .by the provisions of this Act or by the rules and regulations made thereunder shall be referred to the Council for such decision as it Nay deem fit. (2) The decision of the Registrar regarding the registration of any person made under sub-secrion. ( I ) shall be communicated by the Registrar to such person, who may, if he is aggrieved by the decision, prefer an appeal to the CounciI within ninety days of such communication. (3) Such appeal shall be heard and decided by the Council in the prescribed manner. (4) The Council may, on its own motion or or, the application of any person, cancel or alter a n 9 entry in the register, if, in the opinion of the Councjl after making such enquiry as it may deem fit it is found that such entry was fraudulently or incorrectty made or obtained on account of misrepresen- ta,tion : Provided that such cancellation or aheration shall not be effected without giving the, person affected a reasonable opportunity of being heard. 27: (1 ) If at any time the Council is satisfied on AmendnlE the recommendation of the Faculty, that a title or or s c M . ? -. degree graated, or qualification certified, by a Univer- ,: .sity, examining body or other Institutions in -India is a s,uficient guarantee that persons holding such a title or degree or quafification possess tIze know- ledge or skill requisite for the efficient practice of . - , , ., medicine, surgery ar~d midwifery, it may subject to . the approval of the Government direct that the possession of such title, degree or qualification sha!l, subject to the provisions contained in this. Act and payment of the prescribed fee, entitle a person to haye his name entered jn the register. ( 24 La%'-16) 230 THE ORJSSA AYURVEDXC M ~ I C ~ N E ACT, 1960 Or. Act 14 (S~CS. 28-29) (2) If the Council on the recommendation of the Faculty, is not so satisfied in respect of any title, degree or qualificatio~, i t may subject to the approval of the Government direct that the possession of such title, degree or qualification shall not entitle a person to have his name entered in such register. (3) When the Council issues a direction under sub-section ( I ) or (2) such title, degree or qualification shall be deemed to be covered by or, as the case may be, to be excluded 'from the Schedule. Armgec rnznts for 28. (1) At any time after the date of commence- mentLof this Act, the CounciI may enter into negotia- Scl~edulr: for stttnngora tions wit11 theL authority in any other State which is "ch'm"f ~eciprocity entrusted by the law of such State with the main- or medical tenance of a register of practitioners of the Ayurvedic qualifica- tions in System of Medicine, Surgery and Midwifery for the ~ t h c r state. settliIlg of a scheme of reciprocity for the -recognition of medical qualifications . and in pursuance of any such scheme, the Government, may, by notification, amend thz Schedule so as 'to include therein any medical qualifications which the Council on the recommendation of the FacuIty decide to recognise. (2) Where the council has refused to recognise on the recommendation of the FacuIty any medical qualification which has been proposed for recognition by any such authority, that authority may, apply to the Governmsnt and the.. Government, after consi- dering such application and after consulting the Council, may,. by notscation amend the Schedule so as- to include such qualification therein. Qualifying -minltio&- i : 29. (1 ) The Faculty shall .by bye-laws prescribe the course of training and qualifying examinations including the preliminary qualifications for admission into the jnstitutions. (2) A qualifying examination shall be an exa- mination. in the Ayurvedic System of Medicine including the . subjects of Medicine, . Surgery , and ' Midwifery 'held by the Faculty (or its predecessor the Orissa Ayurvedic Examination Board) for the purpose of granting a degree or diploma conferring the right of registration under this Act and specified in the Schedule, and such otEer examination as hay, on the -r commendation of the Faculty, be included iri.tl~e Sc f~ edule by the Council .by a,notifiation in the officid Gazette from and after the date specified in the notification. (Sec. 90) 30. (1 ) It shall be the duty of the Faculty- Power call for ta im formatior (a) to secure the maintenance of an adequate.kzic31 standard of proficiency for the practice Institution. of Ayurvedic System of Medicine including the subjects of Medicine, Surgery and Midwifery. For the purpose of* securing such standard, the Faculty may .call upon the Governing Body or authorities of the Ayurvedic teaching Institutions, ... Examining Bodies or other Institutions as are included in, or are desirous of being included in the Schedule ; (b) to furnish such reports, returns or other informations as the Faculty -may require . of any course of study prescribed by bye- laws or examination held by,. such body or institution with referewe to grant of any qualification to enable it to judge the efficiency of the institution given therein i n the Ayurvedic or any of its subjects or branches ; and (c) to provide facilities to enabIe inspectors or any member or visitor appointed ani deputed by the Fzculty for the purpose to attend and be present at all or any -of tlie qualifying examinations conducted by such Ayurvedic Institution or Examining Bodies or. other Institutions. ' (2) The' lnspect&s( members or visitors shall not interfere with the conduct of any examination, ., bzt it shall be their duty to report to the .Fa6uIiyr their opinion as to the.suficiency or insufficitncy of , every examination which -!hey a.tttxj3 ar,d any other matters in relation to such examin'atirjns on which. , the Faculty may require thern to report. (3) Every qualifying examination **held vy t3e bodies or institutions authprised undci. ,this seziion shall be inspected by Inspector-; memberb or itIsitors, at least once in five years and more frequchtly if the Faculty so directs. (4) The Faculty shall forward a copy of every such report to the body which he13 the zxaminztion in respect 06, which the said report was rnade and shall also forward a copy of such . sepcrt,. together with any observation's made thereon by the said body, to the Council. .. 232 THE O w s s ~ AYURVED~C MEDICINE ACT, 1960 [ Or. Act 14 (Secs. 31 -32) (5) An Inspector, a member or a visitor shall receive such remuneration to be paid as part of the expenses of the Faculty, as the Faculty, with the permission of Government may determine. Xnforrnati~n rcquircd of 31. Every perscn who applies to have his name app"ntS for registra- entercd in thc register,' dust satisfy the Registrar tion. that he is possessed of some degree, title or qualifica- tion specified in the ScheduIe ; and he must inform the Registrar of the date on which he obtained the degree, title or qualification which cntitlcd him to claim registration under this Act, and shall furnish any further information required by the Registrar in order t o enabIe such person to discharge the duties imposed upon him by or under this Act. . . . P~hibitipn 32. (1) The Council may prohibit the eritry in, OrentryIn G~ rcrnnv2l or order the removal from the register, the name of from t ha any practitioner- fogiFter. (a) who has been sentenced by a criminal coud to imprisonment for an offence 'declared by the Government to involve such moral turpitude as would render the entry o? continuance of his name in the register undesirable, or (b) whom the Council after inquiry ha,s found guilty of professional misconduct or other infamous conduct by a majority of at least two-thirds of the members present at a voting in the meeting speci- ally convened for the purpose: Provided that the Council may entrust such inquiry to a Sjlzcial Cornmittee which shall submit a report to the Council regarding the conduct of Practitioner concerned. (2) The inquiry referred to in clause(6) of sub- section ( I ) may in the discretion of the Council or the Committee, as the case may be, be he1Zin camera and an opportunity shall be given to ihe pmc[itibneT concerned to be heard in his defenck whether person- d l y or through an aufhorised agent. - (3) %'he-Council may direct that the name of any person against whom an ordq- has been made under sub-section ( I ) shall be entered or r e entered, as the a s e may be, after having satisfied Act 37 of 1850- (Se cs .53-34) itself that due to the lapse of time or otherwise, the disability mentioned in sub-section ( I ) has ceased to have any effect. Proedlvr In 33. For the purpose of any inquiry held under inqunir. clause (b) of sub-section ( I ) of section 32, the Coun- appeals. cil or the Committee, as the case may be, shall exer- cise the powers of a Commissioner appointed under the Public Servants (Iuquiries) Act, 1850, and the provisions of sections 5, 8 to 10, 14 to 16, 19 and 20 of the said Act shall, so far as may be, apply to every such inquiry and appeal. 34. (1) The Register shaI1, in every year and Publication of name from time to time as occasion may require, on or entered in before a date to be fixed in this behaIf by the Coun- the "&m- cil, pubLish in the-official Gazette and in such other manner as the Council may direct a correct state- meit of names for the time being entered in the register contai&ng:- (0) all names entered in the register arranged in alpbabetical order; (b) the registered address or appointment of each person whose name is entered in the . register; and (c) the registered titles and quzlifications of each such person and the date on which each such title was granted or each such qualification , was certXed. . (2) In every year in which such statement has.not been:published, the Registrar shall cause to be printed and published .on or before a date fixed as aforesaid, a supplementary statement containing :- (a) the particulars speczed in clauses (a) tb (c) of sub-section ( I ) , in the manner therein laid down, in regard to the per- sons whose names have been entered in the register during the year to pJhich suCh supplementary statement apper- tains; and . (b) the names of any person removed from the register under any of the provisions of this Act during the said year. (3) In hny proceeding, it shall %be presumed that eieryiperson entered in such statement is a registered practitioner and that any person not entered is 'not a registered practitioner: THE O I U ~ ~ A AYURVEDIC MEDICINE ACT,, 1960 [ Or. Act ill (Secs. 35-39] Provided that in the case of a person whose name has been entered in the register after the last publication of the statement, a certified copy, signed by the Registrar, of the entry of the name of such person in the register shall be evideilce that such person is registered under this Act. Such copy shall be issued free of charge. Penalty on anregistered 35. If a person whose name is not entered in the penom Fe. register falsely represents that i t is so entered or presenting uses in connection with his name or title any words that he is rsgirted. or letters representing that his name is so ekered he shall whether any person is actually deceived by such representation or not, be punishable on c o n v i ~ tion by a Magistrate of the first class with fine which may extend to two hundred rupees. mamination 36. Notwithstanding anything contained in any before other provision, on and after the expiry of one year registration. from the date from which Chapter'V comes into force a person shall not be entered in the register udess he has passed a qualifying examination recognised by the Council. Exemption 37. ~ o t k i t h s t a n d i n ~ anything contained in any 2;;;;gyg other law for the t i m e being in force, every registered ., .,, a jurorprhctitioner shall be exempt, if he so desires, from or assessor- serving on any inquest or as a juror or assessor under the Code of Criminal Procedure, 1898. ' , A C ~ s or 1898. privilege of regktcred - 38. The regstered practitioners shall have the ,titi,,,, same privileges as the medical practitioners registered s. a o. act under >he Bihar and ~Orissa ' Excise ,Act, ,1915, t o f l ~ ~ s . or und& any other law for the t ime being in force. , , Right of registwed 39. (1) Notwithstanding anything contained in any pmcritioncrs law for the time ' being in force, the expression ' 0 hold "legally qualified medical practitioner or duly tain appoint- m ~ t and to qualified medical practitioner" and all other expres- ~ ~ 8 ~ ' aulhenticatc Or sions imparting that a persoh is re'cognised - by Law m r t i m t ~ . as a medical practitioner or a member of the medical profession shall, in all enactments fdr the time being in force' in the State of Orissa in so far as such enactrndnJs relate to any of the matters specsed in the State!Li:i or the Concurrent List of the Seventh ! Schedule to 'the Constitution of India, be deemed to i include a registtred practitioner. (Secs. 4041) (2) A registered practitioner shall be eligible to hold any appointment as a member of the teaching staff of any recognised Ayurvedic College or as a Physician, Surgeon or other Medical Officer in any Ayurvedic Dispensary, Hospital, Idrmary or Lying-in-Hospital supported by or receiving a grant from the Government or in any public establishment, body or institution dealing with the Ayurvedic System of Medicine. (3) A. registered.practitioner shac be entitled to- (a) grant a certificate required under any law or rule having the force of law to be granted by any medicai practitioner or medical officer ; (b) sign or authenticate a birth or death certificate required by any law or rule to be signed or authenticated by a duly 'quaMed medical practitioner ; -(c) sign or authenticate a medical or physical fitness cedcate of- such description as may be prescribed ; and (d) give evidence at ,any inquest or in any . court of law as an expert under section 45 of the Indian Evidence Act, 1872 on any matter relating to [the Ayurvedic ' , System of Medicine]. CHAPTER V - .- -40. The Gdvernment may at any time, by notifi- pawe- ?rtht cation apply the provisions of this Chapter, to the to G O V ~ enfo. IC . J tnt whole or any part of the State4'from- such date as may the provi- be specxed in the notification : sions or thla Ch&ptor. Provided -that the Government shall give wide publicity to the notification in such other manner aIso as they deem proper. 41. (1 ) After the publication of the notification of- referred to iq section 40, the' Gove: t m e ~ t may, byutimm. 8' - order .publish$d in the official Gazette, direct ' th;l.t' -- - ,I, ~ub;titutcd by the Orissa A y ~ e d i c Madicino (Amendment) Act;: 1963 c t - 28 of 1963),.s. 2 for " ~ e d i h , Surgery or Middory may be . - I 236 THB ORISSA AYURYEDIC MEDICINE ACT, 1960 [ Or. Act 14 a list of persons practising the Ayurvedic System of Medicine or any of its branches in this State on the date mentioned in the said notification, not being persons quawed for registration under this Act, shall be prepared and maintained by the Registrar, in such manner, within such period and on payment of such fee as may be prescribed. (2) The Government may make rules prescri- bing- (a) the manner and the form in which, and the period within which, such, persons shall make applications for entry of their names in the list and the fee which shall accompany such applications ; (b) the procedure to be followed by the Regis- trar in dealing with, such applications including the hearing of applications and Calling for information, if any, from appli- cants ; (c) the conditions subject to which and-circum- stances . under which persons other than a practitioner registered under Chapter 1V or a person whose name is entered in the. list prepared and maintained under this section -may practise- in any specikd area or areas or on any specsed occasion and the penalty which shall be imposed on any person who practises in contraven- tion of such provisions. Section 41 42. Nothing in section 41 or rules made thereunder ;:=?&P~Y shall apply to person- persona. (a) who limits his practice to dentistry ; or (b) who being a Nurse registered under the Orissa Nurses and Midwives Registration zt;g8F 7 Act, '1938, or a Health Visitor or a Dai attends on a case of labour. -- CHAPTER VI 1 CONTROL OF T H E ' G O V E R M ~ ~ Pow0 r of hpection 43. Any person authorised by the Government b j tho in this qehalf, may enter on and inspect, or cause to Governme* be entered on and inspected, any immovable property occupied by, or under the control and admiaistratiop of ,the Couacd, or any work in progress under their direction ; and 'may c a U for and inspect any document (Sec, 44) which may be for purposes of this Act, in the posses- sion or under the control of the Council or the Faculty. 44. (1) If at any time it shall appear to the POWM to Government that the Council or the Faculty made di=fault in the performance of a duty imposed ox tht on it by or under this Act or has exceeded or abused Facul'y. its power, the Government may after giving the Council or Faculty, as, the case may .be, a reasonable opportunity of being heard if they consider such default, excess or abuse -to be of a serious character, communicate the particulars thereof to the Council or the Faculty as the case may be and issue necessary directions in respect of such default, excess or abuse to the Council or the Faculty, as .the case may be, and if the Council or the Faculty fails to comply with such directions kthin such time as may be k e d by'the Government in this behalf, the Govern- ment may by not ifidion specifying the reason for so doing, declare the Council or thci Faculty, as the case may be, to be in'-default or to -have exceeded or abused its power, as the case may be, and- . - (a) direct,. that on a date .to .$e specified in the ribtiEcatioa, the office of themembers of the Council or the Faculty shaIl be deemed to be yamnt, and require a fresh .' . election- .to be held on or -before the ,said date ; or (b) direct that the Council or the .Faculty shall be superseded for such peri-od not - - exceeding six months, as -may be specified ':in the notification. (2) The members of the Council or the Faculty who vacate office by reason of a declaration made under sub-section (I) shaIl not, unless-the Goverb me-nt. Qtherwise direct, be . deemed - disqualified for re-election or re-nomination. (3) Where an order of supersession has been passed under clause (b) of sub-section- (l), the follow- mg consequences shal I ensue, namely. -:- (a) dl the members of the Council or the Faculty shall, f roq. a ,date to be spccificd in - the order, vacate their offices : as such members ; . .' ' - THE OSA AYURVEDIC MEDICINE ACT, 1960 Or. Aot 14 - -(Set. 45) (ti) dl the powers aad duties, which under the provisions of this Act are to be exercised and performed by the Council or the Faculty, as the case may be, shall during the period of. supersession, be' exerhed and performed by such person or persons as the Government may direct ; (c). all property vested- in the Council , or -. - Faculty, shall during the period .of super- , session; v&t in the Governmerit ; and . , . (d) before the expiration of . the p e ~ o d of supersessiop, election shall be held and . ' nominations made, for ' the purpose' . of reconstituting the .Council and the Faculty. - , . THE-COUNCIL FUm , , , . . . , - M Fad. 45. (1). There shall be f o d a fund to be called the, CGtibcil- .Fund and there.-shall 'be placed to . . . - the credit thereof- , , . ."' . (a) dl - sums received, by ' the .~ouncil and the Faculty as doaations '.and pants including allotments from th&-Consolidated ' , Fund of 'the State ; . . . . .- . (b) ~ Z I simb received f& 'on' account of registration of ractitionejrs and admission J to the Fa tjr's'- examinations, - and * ' - licensing of- h s for &: -of Ayurvdc - . drugs under this Act and any other fees - .. c.ee1ved under any ,of, the provisions df this Act ox ruIes:or -regulations or bye-laws . . - - .. ,: . ' ,made thereunder ; and . . . , . (el aI sums,x&ived 'or re&& . by :&='. - ' , . Cound the.' Faculty on, -any ather . . accoUntl . . . ' I! - (Secs. 46-47) 46, The Government may place s ~ c h sums at Altotmcnt of funds by the disposal of the Council evzry yea!- as thq~ t h i n k c o ~ ~ m m e n t . necessary for distribution according to ~u!es made by the Government t o the Ayurvsdic dispensaries; hospitals and educational inststitutioas. in the State and . for other suitable purposes consistent with tbe aims and objects of this .Act. 47. The Council Fund shall be applicable to the-ob~ts on following objects, namely :- CII ~ h ~ c h FUII~ C~UII- may be applicd. (a] to the repayment of debts, incurred by the Council for the purposes -of 'this. Act ; , . , -. (b) t o h e . payment of the salaries atld allow- .. '. -.antes of the-Registrar and of the esta- .." ' . , . -: . .. bGshments employed by the Council and . , {'the : Faculty foi the purpcscs , QF this. Act ---and - to the paylnent of any Provident -Fund contributions to the Registrar and . - . - . to the members of such etablishments ; . (c) t i the payment ,,of the tiave!iing and other : - .. allowances of the President and menhers . . . .of the Couacil an& the Chairinan atid members .of the Faculty ; - ' (4 to the payment 'of .the travelling , and , - - other allowances of the members of-. the ' - -Committees. or Boards appointed by: the, Councll or by the Faculty ; . . (e) to i h e payment of .the cost of audit of the Council. Fond ; . . . .. - . . , (f) to ,!hi expenses bf any suit or pkooeedittg ' ' to which the . C p ~ n ~ l . . is .a party ;: :, , . . , . ' (g) to any object,. which may bc d&liced by the 'Coun$il, at. - meeting - spkially .ad- . vcncd for the purpose, by a resblutior, in favarir, of wbich not less Qhan- two-thirds - - of the members present at , skch, meeting . -shall- have voted, t o bc an object to which . the . ChuaciI Fund may be applicable ; and - - . . . - (h) to !the - any othei e x m e in- cured by the Council or th6:Faculty in Carrying out the provisions cif this Act, 240 Tm A ~ W I C MBDIC~NB ACT, 1960 I Or. Act 14 Audit 48. The a~counts of the ~o-wdil shall be subject ma aats to audit under the Osissa Local Fund Audit Act, 0f1958. 1948 and for the purposes of the said Act the Council shall be deemed to be a Local author- ity whose accounts have been declared by the Government to be subject to audit under section 3 of the said Act and the Funds in the hands of the Council shaU be deemed to be a local fund. CHAPTER V I I ~ MECELLANEOUS Appcals to aoYemmcnt 49. (1) An appeal shall Ee 'to , the Government from decision of from every decision of the Council under this Act, council, except a decision made by the .Council. as an app,elIate adhority. (2) . very appeal ' .under sub-section ( I ) shall be --- referred within three months from the date of such decision. I ' ' BW LO wits ' 58. (1) No suit or other legal proceedings shall and "'" lie against the Government in respect of an act done . lad p r d . in the exercise of the powers conferred by this Act or the rules or regulations or byelaws made thereunder. (2) No suit or other legd proceedings shall be maintainable, against the Council or' the Faculty or any officer or semant of the Council. or any person acting under the direction of the Council or the Faculty in respect of anytldng in good faith done or intended to be done under this Act or the rules or regulations or bye-laws made thereunder. M& of Propfor 51. A copy of any proceeding, receipt, appli- collIl"rs cation, plan, notice, order, enby in a register or other document in the possession of the Council or the Faculty shalt, if duly certified by the Registrat or other person authorised by the Council in this behalf, be received as prima facie evidence of the existence of the entry 'or - document and of the matters therein recorded in every case where, and to the same extent as the original entry or document, would, if produced, have been admissible to prove such matters. mt~idion 52. No member or officer or servant of the on Cougcil or the Faculty shall, in any legal proceeding sammnning to which @e Councd or the Faculty is nqt a party, be -& required to produrn any register or document or to to pDdm d-ts. appear as a witness to prove. the, -matters recorded thetein, except.. in accordance with an , order of the Court made for special reasons. 53. (1) No Court inferior to the Court of ac0gnizanw OS ofknas. Magistrate of the second class shaII take cognizance of or try an offence under this Act or the rules or regulations made thereunder. (2) No Court shall take cognizance of any offence under this Act or the rules or regulations made there- under except on a complaint in writing of an officer empowered by rules made in this behalf. 54. (1) No person other than an association or Conferrip, institution recognjsed or authorised by the Faculty f~{fg"g Or under this Act shall confer, grant or issue, or hold diplome, himself out as entitled to confer, grant, or issue any ~ ~ ~ a ' ~ F ; degree, diploma, licence, certscate or other document ridpmm stating or implying that the holder, grantee recipient is qualikd to, practise the Ayurvedic System of Medicine. (2) Whoever contravenes the provisions of this section shall, on conviction, be punishable with fine which may extend to five hundred rupees and, if the person so contravening is an association, every member of such association who' knowingly and wilfully authorises or permits the contravention shall, on conviction, be punishable with fine which may extend to two hundred rupees. l(54-A. ~ o t w i t h s t a n d i n ~ anything contained.inu~vu*tr any other provision of this Act, whext any Ayurvedic to hold examinationr ~eaching Institution is affiliated to any University and coder established ,by law in the State,- degrees, tto. in Ferlaln cam- (a) such University shall hold qualifying examinat ions and other examinations of . the students of that institution. confer degrees or diplomas on the successful . candidates and do a11 such acts as may be necessary for the said purposes; and (b) the faculty shall cease to perform tbe functions and exercise the powers as aforesaid in respect of any such institution. J I : -- I-Imsrted b y -the O r Ayurvedic Medicine (Amendt a t ) Act, 1 9 4 {Or. Act 8 of 1974); s.3. . , 242 THE ORISSA AYURVHDIC -M~DICINE ACT, 1960 [ Ot. Act 14 FaIsz s- sumption of 55. Whoever voluntarily and falsely assumes or degreea uses any title or description or any addition to dc~!oma or ~ , , n ~ f i ~ t ~ t ~ his name implying that he holds a degree, diploma, ofin- licence or cedficate conferred or authorised by the ce. CouaciI under this Act or that he is quaBed to practise the Ayurvedic System of Medicine under t h e provisions of this Act shall, on conviction, be . punishable with fine which may extend to fif'ty rupees for the first offence and with fine which may extend to two hundred rupees for every subsequent offence. mnka Power to - 56. (1) Subject to the provisions of this Act ,and r t g u l a t i o a s , t ~ the rules made by the Government thereunder the Councd- may make reguIations for regulating the following matters, namely :- (a) the conditions of residence of the students in the educational institutions d % b t d to the Faculty and the levying of fees for such residence ; (b) the fees to be charged for courses of study in such institutions and for admission to the ,examinations, . degrees, diplomas and certificates of the Faculty : Provided that in making regulations the C o b d shall take into consideration the financial and other existing conditiods . of ;the institutions generally ; (c) the time and place at which and the manner in which the meetings of the Council shall be summoned ; (d) the issue of notices convening such meetings ; (e) the conduct of the business at such meetings ; (f) the salaries, allowances and other wndi- tions of service of offiers and servants.of the Council other than the Registrar ; and (g) all other matters which may be necessary for the purposes of carrying out the objects ' of this Act. (2) Such 'regulations shall be made after previons publication and shall not take effect until they are approved and confumed by the Government. (Sec- 57) P ~ m r to 57- (1) The Government may, after previous fu~cs. publication, make rules* not inconsistent with the provisions of this Act for carrying out its purposes. (2) In particular, and without prejudice to the generaIiv of the foregoing power, such rules may provide for all-or any of the following matters, rtamely :- (a) the conditions subject to which the Council may transfer any property under sub- section ( I ) of stctio'n 3 ; (b) regulation of elections under this Act ; (4 the time and the piam at which, the period within which, and manner in which e1e.c- tions shall be held under section 6 ; (4 the conduct and maintenancz of correct minutes of meetings of the Council ; (e) the period within. which vacancies shall be iUed under sect~on 10 ; (f) alhwaaces payable to 'the President or Chairman and the mercbers of the Council or the. Faculty, as -the case may be, under section 14 ; (g) the term of oace and allowances payable to ! members of an Advisory Committee under subsection. (5) of section 18, the Corn- ar Board of Studies appointed under ; ctause.(x) of sub-section (1) of section 20; (h) the punishment, dismissal, discharge an& removal of Servants of the Council Qr the Faculty other than t he Registrar under . , clause (it) of-sub-secti~~ (3) of section 22 ; ti) the form of thc register of Ayurvedic Pmeti- tioners to be maintained under section 24 : (/) the manner in which appeals against decision of the Registrar shall be heard by the Council nnder section 2 6 , -. . {k)- regulating the co nditiom, restrictions and exceptions subject to which Ayurvedic Mctitioners being residents of Orissa but having obtained qualifications from medical institutions in States outside orissaw , . -- . . -- . , --- +For Rules *dm 57. (11, S@ Noti6cstion NO. I J#~~-H~ .. , - . - . . . . &d &=23tb 3me.1964; mblrtb&, 1rr Orlssa Gazerre, dated 17th JU . . 1964, pt. M, p. iwa . , , , . RopcaI of Act 7 or 1916 in ao far as it r,- l a t e 10 the Ayurvali~ System of Medicine. Power to re- move a- c u l t i ~ . ( Secs. 58-59 and Sch. ) whether or not medical institutions in such States have been included in any scheme of reciprocity as provided in section 28 may practise ; ( I ) distribution of funds placed by the Govern- ment at the disposal of the Council under section 46 ; (m) reservation for registered practitioners of certain appointments in Ayurvedic Hos- pitals, Inforrnaries, Dispensaries, or Lying- in -Hospitals maintained by or under the control of the Government or a Local authoriti ; (n) fees chargeabIe under this Act and their applications ; (0) the furtherance of any objects, of the Faculty as' a teaching or examining body ; and (p ) the furtherance of any other objects of the Council. 58. The Indian Medical Degrees Act, 191 6 in so Act 7 d far as it relates to the Ayurvidic System of Medicine, 1916,. is hereby repealed. 59. ~f any difficulty arises in giving effect to the provisions of this Act, the Government may, as occa- sion may require, by order do anything which appears to them necessary for the puvose of 'removing the: r n c u l t y . (See section 26) 1. QuaMCations for eligibility for registration :- (ij Degrees or diplomas in Ayurvedic System of Medicine, supplemented by modein medicine, of any University established by law .in India, and recognised by the Governments of the States in which the Universities are located ; (ii) Degrees or- diplomas ih Ayurvedic System of Medicine, supplemented by modern 'medicine of the Qissa- State Council of -' Ayurvedic Medicine, constituted under this Act or its predecessor, the ~ d s s a , A m e . , . ., dic Exaxidnation Board ; ' (iii) Degrees or diplomas in Ayurvedic System, of Medicine supplemented ' by modern - . . , ' , medicine, of any Governinebt Ayurvedic . ' College or School in India outside the State, whosc course of .training for granting , 'the . said. .degrees. 'or. diplomas is not less . , than 'fqur years ; , or of -any examining . , ,body duly appointed by the Sfate or Central 4 Government and. the teaching Ay-bxvedic . . - Institufiorzs' amated' to ' these. bodies. which ' . . . , . . , .- . , ' -.proGde .regular .training .for not less than . . - four3years.::--, '. - . . 1 ' . . . . . I . . , . , . - 0 . ' - ' ' ~rovided, t h t ':shch iristik~tidfls- :or bodies are . . - . . . ' I - - , r~&gnis,ed by ,the' :. Government on - the . - . . . . I ' I . . . '. - recommendation ' . . of the . Faculty '; , - - ;. . . . . ..A - - . . . - . . . . . . . . , - . (fr).' Aymedaekryi' 'or ~ykvedasaitri kf .the +. . . , . , . . . . Orissa ', Ass'ociatibn' : of Sanskrit Learning . . .- - I. . . . . . . and Culture -; . . . . . . . . , a- . I . . . . . . . . .. , - . . . . I . . . . , - , (V)' ~ e ~ e e i , : dipiu+dS, br titles .in ~yur$e&c, . . , - . . . . . . . , -~ystejm. .of Medicine @.anted':by.Gsvern- :. - . . , . . . , ,. . . . ment. Ayurvedic' . teaching Instjtutions or I . . . i . . .Go.veem@Ht x%ognis@ Aylixvdc tea- - . , . , - . , . . . ' , .cGng . . Instihutio& ,:, . or , recbgnised, Ayur- . ', I '! . . . . . . . . - . . ,. ~edid~~I~tifutioii.3 &lia$gl 'to: G o v e ~ e n t . . - . , . . . , .- -. applointed Boafds- b ~ . Bodies, olitside , -.. , . . ' . . * ,' $he .: stit< where. the course -of , training + . . . . . . . . -. ... : ' .: exsnds' for. not' lessh than: thre;e ,years, and . , . . . . .-. , . . . . we . rewgnised -by '.tlie- Government on 'the I . . - . . . . . - . _ ., . ,, . , ' recodnddtioh :.of: . . the' .:Faculty.; ."- ..: . . . . . - . . . . . - - . . ' . : . . . . . . . . - . . . - , :.. : . . . . . . .. * . - +. . . . - - , , . * . . . * . . . . . . . _ . , , , ' , . * . . . ' . , . . . . . . . + -2. Persons . tligbx'e' to .- bk iegiq&,d :- . , . , '-' . . . . . - . . . . . . , . - . - . ' a ' . 8 - . - ' , . : - . . , a - , . : . (a) Pracftiobkr~. 6f ,: - ,AySrV,&d" ' system - of . . # ' , . .. . - . - . , Medicine who, .do ., not -hold shy of. ,the . , . . - , quali%itions noted above. -but . are - of ' . - . . . , I 1 . - - . ' . . . ' ~ a d e n t "rephtaqon : . and- eminence' . and - . . . , ! . . . . ,- well kno*n for their, SW -id f+e professioi . 1 . 0 . . . - . . . . . . , and , have' .been. praqising -the . Ayurvedic. . : . , . System of .Mediki:ipe, ,a~. whole-time prwti- - " - - . ' * . . . . , . . . + ' -. Gciers.fbr:a period bfnot less than.ten , . ' - . , , . - - . I . . . - . . . . . . . - . . yeztrs aid are' granted: , special - rq&nition . - - ': - . . . , , . . . - , . * . . : by the'Govem.ent'gn t >pplicatibns.i ,, . - . . ' . . - , . , . 'biihg duly reoommended ' b$ - t& ..Fa&&'. . , A ' , 246 Taa O ~ S A A Y I J R V E D ~ ~ M ~ I ~ I N E Am, 1960 [Or.' Act 14 of 1%Gj for the- purpose.' The registration of: such ' practitioners shall cease at t h e f [expiry of ten years] froq the date this, Act comes . . , . . , into force. : . . (b) Practitioners of, Ayuiredic system- : cif' . . Medicine who do not ,possess 'any' of the qualifications noted abbve and are' not , accorded the rebgnition ai 'afdresaig but , . ' : . ' . , who can prove, to the , satisfaction of .the. , . * , .: , Councfi, that they are $el&kiiom e&ent , . , , . ' - . regular whole-time . practitiqners of : .-. . . . Ayurvedic System of .Mediche of not ' Iess , . . . . . : than ten .y&' standing. - ]me -registration. . . ' . . . . . .. . . . . . ' . . of such, practitioner$ shallh .cease at .the : ![expiry of.ten- yew].frorh the,date this - , ' , , .. , , . . , . . Act- iit0.force.; ; , . . . I ' . , I : ' . . -. , * _ . " ' , I . . . . . . , . I . . . . . , . . A . . 6 - .. . , .I . . , , 1. - , . . . . . . ' : . : . , . , . . . I . > . . I . . . . . - ' , . . . . . . , . ' I '. *" , . . . . , . . , . . 1 . , ' _ - , ' I ' , . . . . . . . . . . - . . - . . . . . I . . . . . , . . , . - I . . . . . . . . . , , . . I , . . . . L ' . . . - . . . . . . . ' . . . . , . . - - . . . . . . , . . . . . . . . . , , .. - . - . . . , . , . . I ;- . : . , - . . . . . , , --. - . , , , . , . . , , - 4 . . . . + . . . . * - . . . + I . . . . . . . , . . : -.. . , , . I . . . . . , , . . . - I . . . . . , . . . , .,;. - . . . . . . 1 ' - . , . . I . . ': . . . . . . . . . , .. , . , , , , , 0 . ' ' - " . . , . -.:, .. .. . . - >' . . . . . " . . . . . . . - . . " -.. . . . . . ' . . . . - '.: . . . . . & + : - . ' ' . . I . . , . . :. . . . . . . . , - . .: , 1 " . ' . , . , . , . . . . . , ' . - ' . , ' . . ' . . . . ,. . . . . . . :. ; - . - . . . . . . , . : . I . _ . . , - , . . . . .