The Punjab State Faculty of Ayurvedic and Unani Systems of Medicine, 1963

1963: Pb. Act 38] STATE FACULTY OF AYURVEDIC AND UNANI SYSTEM OF MEDICINE 529 The Punjab State Faculty of Ayurvedic and Unani Systems of Medicine Act, 1963 (PUNJAB Aст No. 38 OF 1963) SECTIONS. Arrangement of Sections. 1. Short title and commencement. 2. Definitions. 2A. Construction of certain references in the Act. 3. Establishment of the Faculty. 3A. Provision for facility in Punjab and Haryana. 4. Power of State Government to remove members Faculty from Office in certain cases. 5. Employees of the Faculty. of 6. Vacancies etc. not to invalidate proceedings of theFaculty. 7. Terms of Office. 8. Resignation. 9. Vacancies. 10. Time and place of meeting of Faculty. 11. Procedure at meeting of Faculty. 12. Powers and functions of the Faculty. 13. Secretary of the Faculty. 14. Recognition of institutions. 15. Qualifying Examination. 15A. Temporary provision in respect of holding examina- tion. 16. Conferring, granting or issuing degrees, diplomas or certificates by unauthorised institutions. 17. Bye-Laws. 18. Rules. 19. Regulations. 20. Control of State Government. 21. Transitional provisions. 1963: Pb. Act 38] STATE FACULTY OF AYURVEDIC AND UNANI SYSTEM OF MEDICINE 531 'THE PUNJAB STATE FACULTY OF AYURVEDIC AND UNANI SYSTEMS OF MEDICINE ACТ, 1963. PUNJAB Aст No. 38 OF 1963. [Received the assent of the Governor of Punjab on the 12th October, 1963 and was first published in the Punjab Government Gazette Legislative supplement, dated the 28th October, 1963.] 1 2 3 Year No. Short title 4 Whether affected by Legislation 1963 38 The Punjab State Faculty of Ayurvedic and Unani Systems of Medicine Act, 1963 AN ACT Amended by the Adaptation of Punjab Laws Order, 1970. Amended by G.O.I. S.O. No. 3711, dated 10th November, 1970. to establish a Faculty in the State of Punjab in order to impart instruction, regulate the conduct of examina- tions, and confer degrees, diplomas and Certificates in the Ayurvedic System and Unani System of Medi- cine. BE it enacted by the Legislature of the State of Punjab in the Fourteenth Year of the Republic of India as follows:- 1. (1) This Act may be called the Punjab State Short title Faculty of Ayurvedic and Unani Systems of Medicine commence- Act, 1963. [(1A) It extends to the States of Punjab and Haryana, as constituted under Punjab Reorganisation Act, 1966 (31 of 1966).]. (2) It shall come into force on such date as the State Government may by notification appoint. 1For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1963, page 994. 2Sub-section (1A) inserted by Government of India, S.O. No. 3711,dated 10th November, 1970. and Definitions. 532 STATE FACULTY OF AYURVEDIC [1963 : Pb. Act 38 AND UNANI SYSTEM OF MEDICINE 2. In this Act, unless the context otherwise re- quires,- 1[(a) "Director of Ayurveda" means the Direс- tor of Ayurveda, Punjab or, as the case may, be, the Director of Ayurveda Haryana and includes a Deputy Director of Ayurveda, an Assistant Director of Ayurveda and such other officer as the State Government of Punjab or Haryana may appoint for exer- cising the powers and performing the func- tions of the Director of Ayurveda under this Act and the rules made thereunder;] *[(b) "Faculty" means the Punjab State Faculty of Ayurvedic and Unani Systems of Medicine or the Haryana State Faculty of Ayurvedic and Unani Systems of Medicine;]. (c) "Inspector" means an Inspector appointed by the Faculty under clause (j) of section 12; (d) "qualifying examination" means an exami- nation specified in sub-section (2) of section 15; (e) "recognized institution" means a teaching institution recognized by the Faculty of Indian Medicine, Punjab, as notified and constituted with Punjab Government, Health Department, Notification No. HВІI- 24(15)-1961/3607, dated the 27th January, 1961, or a teaching institution recognized under section 14 ; (f) "Secretary" means the Secretary of the Fa- culty appointed under sub-section (1) of section 13; [(g) all other words and expressions used but not defined in this Act shall, in relation to the State of Punjab, have the meanings assigned to them in the Punjab Ayurvedic and Unani Practioners Act, 1963 (Punjab 1Substituted by Government of India, S.O. No. 3711, dated 10th November, 1970. 2Substituted by ibid. 3Substituted by ibid. 1963: Pb. Act 38] STATE FACULTY OF AYURVEDIC AND UNANI SYSTEM OF MEDICINE 533 Act, 42 of 1963) and in relation to the State of Haryana have the meanings assigned to them in that Act as amended by the Punjab Ayurvedic and Unani Practioners (Haryana Amendment and Validation) Act, 1969 (Haryana Act No. 18 of 1969).]. '[2A. In the application of this Act to the State Construct on ofcertain references of Haryana, any reference therein to any expression in the Act. mentioned in column (1) of the Table below shall be construed as a reference to the corresponding ex- pression mentioned in column (2) of the said Table. (1) State Government Punjab State Faculty of Ayurvedic and Unani Systems of Medicine Each House of the State Legisla ture Both Houses agree Official Gazette TABLE (2) Government of the State of Haryana. Haryana State Faculty of Ayurvedic and Unani Systems of Medicine. The Legislative Assembly. The Legislative Assembly agrees. Official Gazette of the Government of Haryana. 3. (1) With effect from such date as the State Establishment Government may, by notification, appoint, there shall of the Faculty. be established for the purpose of this Act a Faculty to be known as "the Punjab State Faculty of Ayurvedic and Unani Systems of Medicine". (2) The Faculty shall bę a body corporate with the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, and to contract, and may by that name sue and be sued. 2[(3) * * * *] 3[(4) * * *] 4[3A. (1) The Faculty established under sec-pProvision for tion 3 and functioning and operating in the States of Faculties in Punjab and Haryana, the Union Territory of Chandi- Punjab andHaryana. garh and the part of the Union Territory of Himachal Pradesh to which this Act extends, immediately 1Substituted by Government of India, S.O. No. 3711, dated 10th November, 1970. 2Sub-section (3) omitted by ibid. Sub-section (4) omitted by ibid. 4Section 3A inserted by ibid. 534 STATE FACULTY OF AYURVEDIC [1963 : Pb. Act 38 AND UNANI SYSTEM OF MEDICINE before the appointed day as defined in the Punjab State Faculty of Ayurvedic and Unani Systems of Medicine (Reconstitution and Reorganisation) Order, 1970, issued under section 4 of the Inter-State Corporation Act, 1957 (Central Act 38 of 1957), shall, as from that date, stand dissolved and the members thereof shall, notwithstanding anything contained in section 7, cease to hold office as such members and a new Faculty shall be constituted by the State Government con- cerned for each of the States of Punjab and Haryana in accordance with sub-section (2). (2) As from the date referred to in sub- section (1)- (a) the Punjab State Faculty of Ayurvedic and Unani Systems of Medicine shall consist of a Chairman who shall be the Director of Ayurveda, Punjab, or, if the post of Director is vacant, such other officer as the State Government, may, by notification, appoint, a vice Chairman who shall be the Deputy Director or Assistant Director of Ayurveda and the following other members to be ap- pointed by notification by the State Govern- ment, namely:- (i) two principals from the recognised insti- tution in Ayurvedic System and Unani System; (ii) two members of the Board recommended by it; and (iii) Three registered practitioners whose names are entered or deemed to be entered in Part I of the Register, of whom one shall be a person practising the Unani System; (b) the Haryana State Faculty of Ayurvedicand Unani Systems of Medicine shall con- sist of a Chairman who shall be the Director, Health Services, Haryana, a Vice-Chairman who shall be the Deputy Director(Ayurveda), Haryana and the following 1963: Pb. Act 38] STATE FACULTY OF AYURVEDIC AND UNANI SYSTEM OF MEDICINE 535 other members to be appointed by notifica- tion by the State Government, namely:- (i) one Principal from the recognised insti- tutions in Ayurvedic System and Unani System; (ii) one member of the Board recommended it; and by (iii) two registered practitioners whose names are entered or deemed to be entered in Part I, or the corresponding Part, of the Register, of whom one shall be a person practising the Unani System.] 4. The State Government may remove from office Power of State any member of the Faculty who- (a) has been adjudged as an insolvent, (b) has been convicted of such offence involving moral turpitude as the State Government may, by notification, specify, (c) has become physically or mentally incapable of acting as such member, (d) absents himself without sufficient cause from three consecutive ordinary meetings of the Faculty, (e) ceases to be principal of the institution, or member of the Board or ceases to be a regis- tered practitioner, or (f) so abuses his position as to render his conti- nuance in office detrimental to public inte- rest. Government to remove mem- bers of Faculty from office in certain cases. 5. Subject to the provisions of section 13 and the Employees of rules made by the State Government in this behalf, the the Faculty. Faculty may, for the purpose of enabling it to efficient- ly perform its functions under this Act, appoint such number of persons as its employees as it may think fit and determine their remuneration and other conditions of service. 6. No act done, or proceeding taken, under this Vacancies etc. Act by the Faculty shall be invalid merely on the not to invalidateproceedings of grounds- the Faculty. (a) of any vacancy or defect in the constitution of the Faculty; or Term of office. Resignation. Vacancies. Time and place of meeting of Faculty. Procedure at meetings of Fe culty. 536 STATE FACULTY OF AYURVEDIC [1963: Pb. Act 38 AND UNANI SYSTEM OF MEDICINE (b) of any defect or irregularity in the appoint- ment of a person acting as a member there- of; or (c) of any defect or irregularity in such act or proceeding not affecting the merits of the case. 7. (1) The term of office of the members of the Faculty referred to in clauses (i), (ii) and (iii) of sub- section (3) of section 3 shall be five years to be com- puted from the date of publication of the notification : Provided that a person appointed to fill a casual vacancy shall hold office only so long as the member in whose place he is appointed would have held office if the vacancy had not occurred. (2) An outgoing member shall continue in office until the appointment of his successor has been noti- fied and shall be eligible for re-appointment. 8. Any member of the Faculty may at any time resign his office by letter addressed to the Chairman and the resignation shall take effect from the date it is accepted by the State Government. 9. When the office of a member of the Faculty becomes vacant by his death, resignation, removal or otherwise, the vacancy shall be filled in the same manner as is provided in section 3. 10. The Faculty shall meet at such time and place and every meeting of the Faculty shall be con- vened and held in such manner as may be prescribed by regulations or rules, as the case may be, made under this Act: Provided that until such regulations or rules are made, the Chairman shall be competent to convene and hold a meeting of the Faculty at such time and place and in such manner as he may deem expedient by letter addressed to each member. 11. (1) The Chairman or, in his absence, the Vice-Chairman shall preside at every meeting of the Faculty and in the absence of both, the members pre- sent shall elect one of themselves to preside at the meeting. 1963: Pb. Act 38] STATE FACULTY OF AYURVEDIC AND UNANI SYSTEM OF MEDICINE 537 (2) All questions at a meeting of the Faculty shall be decided by the votes of the majority of the mem- bers present and voting. (3) Three members of the Faculty shall form the quorum. (4) At every meeting of the Faculty, the Chair- man for the time being shall, in addition to his vote as a member of the Faculty, have a second or casting vote in case of equality of votes. 12. Subject to the provisions of this Act, the po- Powers and wers and functions of the Faculty shall be- functions of Faculty. (a) to prescribe the course of training and the standard and subjects of qualifying exami- nations including the examinations prior to such qualifying examinations; (b) to hold qualifying examinations and other examinations, to appoint examiners, to fix their fees and allowances and to declare the results of examinations; (c) to grant degrees, diplomas or certificates ; (d) to award stipends, scholarships, medals, prizes and other rewards ; (e) to recommend recognition to teaching insti- tutions for the purpose of giving instruction in the Ayurvedic System or Unani System, or to recommend the cancellation of their recognition; (f) to prepare, publish and prescribe text-books and to publish statements of prescribed courses of study; (g) to found and maintain a library; (h) to recommend schemes for post-graduate training and research in the Ayurvedic System or Unani System ; (i) to provide for the inspection of institutions giving instruction in Ayurvedic System or Unani System and to require such institu- tions to furnish such information as the Faculty may direct; the 538 STATE FACULTY OF AYURVEDIC [1963: Pb. Act 38 AND UNANI SYSTEM OF MEDICINE (j) to appoint such Inspectors from amongst the practitioners entered in Part I of the Register as may be necessary for carrying out the provisions of this Act or the rules, regulations or bye-laws made thereunder; (k) to appoint any committee or board of stu- dies as may be necessary and to lay down their constitution, duties and functions; (1) to exercise such other powers and perform such other functions as may be specified in this Act, or in the rules, regulations or bye- laws made thereunder, or as the State Go- vernment may by notification direct for carrying out the purposes of this Act. Explanation.-The committees or boards of stu- dies referred to in clause (k) may have such persons as their members as are noi members of the Faculty. Secretary of the Faculty. 13. (1) The Faculty shall, with the previous aр- proval of the State Government, appoint a Secretary who shall receive such salary and allowances and be subject to such conditions of service as may be pres- cribed by the rules made under this Act. Recognition institutions. of (2) Subject to the provisions of this Act and any general or special order of the Faculty, it shall be the duty of the Secretary to arrange for, and to maintain, and to be responsible to the Faculty for, the efficient running of its office. 14. (1) Any teaching institution seeking recog- nition under this Act shall send an application to the Secretary and shall give full information in respect of the following matters, namely :- (a) the constitution and personnel of the mana- ging body; (b) subjects and courses in which it gives or proposes to give instruction; (c) accommodation, equipment and the number of students for whom provision has been or is proposed to be made ; 1963: Pb. Act 38] STATE FACULTY OF AYURVEDIC AND UNANI SYSTEM OF MEDICINE 539 (d) the strength of the staff, their salaries, qua- lifications and the research work done by them; (e) fees levied or proposed to be levied and the financial provision made for capital ex- penditure on buildings and equipment and for the continued maintenance and efficient working of the institution. (2) The Secretary shall place the application before the Faculty and the Faculty may di- rect the Secretary to call for any further information which it may deem necessary and may also direct an inquiry to be made by a competent person or persons authorised by it in this behalf. (3) After recording the report of such inquiry and after making such further inquiry as may be ne- cessary, the Faculty shall forward the application to- gether with its report to the State Government stating its opinion whether the recognition asked for should or should not be granted. (4) The State Government may thereupon grant or refuse the recognition or may grant it subject to such conditions as it deems fit and the decision of the State Government shall be final. 15. (1) The Faculty shall by bye-laws prescribe Qualifying exa- the course of training and qualifying examinations in- mination. cluding the examinations prior to qualifying exami- tions and may also provide by such bye-laws that ins- truction and examinations shall, as far as possible, be given or held in such languages as may be specified therein. (2) A qualifying examination shall be an exami- nation in the Ayurvedic System or Unani System held by the Faculty for the purpose of granting a degree, diploma, or certificate in the Ayurvedic System ar Unani System and such other examination for that purpose as the State Government may by notification direct: Provided that the students of the recognised insti- tutions only shall be competent to appear in the exa- mination. 540 Temporary pro- visions in res- pect of holding examination. diplomas or cer- STATE FACULTY OF AYURVEDIC [1963: Pb. Act 38 AND UNANI SYSTEM OF MEDICINE '[15A. Until the Faculty established for the State of Haryana under section 3A intimates to the Faculty established for the State of Punjab under that section that the former has made arrangements for holding the qualifying examinations which, imme- diately before the appointed day as defined in the Punjab State Faculty of Ayurvedic and Unani Systems of Medicine (Reconstitution and Reorganisation) Order, 1970, issued under section 4 of the Inter-State Corporations Act, 1957 (Central Act 38 of 1957) were being held by the Punjab State Faculty of Ayurvedic and Ünani Systems of Medicine, the Faculty establish- ed for the State of Punjab shall allow the students from recognised institutions situated in the State of Haryana to appear for the qualifying examinations held by the Faculty established for the State of Punjab and the fees received from such students shall be paid to the Punjab State Faculty of Ayurvedic and Unani Systems of Medicine.] Conferring, 16. (1) No person or institution, other than the granting or is- Faculty, shall confer, grant or issue or hold himself or suing degrees, itself out as entitled to confer, grant or issue any deg- tificates by un- ree, diploma or certificate referred to in sub-section authorised insti- (2) of section 15 or which is identical with or is a co- tutions. lourable imitation of any such degree, diploma or cer- tificate. (2) Whoever contravenes the provisions of sub-sec- tion (1) shall, on conviction, be punishable with fine which may extend to one thousand rupees. (3) Where an offence under this section has been committed by a company, the company as well as every person in charge of, and responsible to, the com- pany for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly Provided that, nothing contained in this sub-sec- tion shall render any such person liable to any punish- ment, if he proves that the offence was committed 1Inserted by Government of India, S.O. No. 3711, dated 10th Nov- ember, 1970. 1963: Pb. Act 38] STATE FACULTY OF AYURVEDIC AND UNANI SYSTEM OF MEDICINE 541 without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (4) Notwithstanding anything contained in sub- section (3), where an offence under this section has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company. such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be poceeded against and punished according- ly. Explanation.-For the purposes of this section,- (a) "company" means any body corporate and includes a firm or other association of indi- viduals, and (b) "director" in relation to a firm is a partner in the firm. 17. (1) The Faculty may, with the previous ap- proval of the State Government, make bye-laws not inconsistent with this Act or the rules made there- under for the following matters, namely:- (a) the course of study for training and qualify- ing and other examinations; (b) the language in which the examinations shall be conducted and instruction given; (c) the admission of students of recognised ins- titutions; (d) the conditions under which students shall be admitted to degree, diploma, ar certificate's course and to the qualifying examinations; (e) the conditions of appointment of examiners and the conduct of examinations; (f) the conditions for the recognition of teachers in recognised institutions; (g) the requirements for the recognition of teaching institutions; (h) such other matters as may be necessary for the exercise of powers and performance of functions to be exercised or performed by the Faculty under this Act. Bye-Laws.