THE HIMACHAL PRADESH AYURVEDIC AND UNANI PRACTITIONERS ACT, 1968 ARRANGEMENT OF SECTIONS Sections: CHAPTER I PRELIMINARY 1. Short title, extent and commencement. 2. Definitions. CHAPTER II ESTABLISHMENT AND CONSTITUTION OF BOARD AND REGISTRATION OF PRACTITIONERS 3. Establishment, constitution and incorporation of Board. 4. Election of members. 5. Term of office. 6. Vacancies. 7. Registration. 8. Disabilities for continuing as member. 9. Disqualifications. 10. Vacancies etc., not to invalidate proceedings of Board. 11. Time and place of meeting of Board. 12. Procedure at meeting of Board. 13. Registrar and other staff. 14. Duties of Registrar. 15. Registration. 16. Power of the Board to prohibit entry in or to direct removal from register etc. 17. Procedure in inquiries. 18. Appeal to Board from decision of Registrar and other powers of Board. 19. Qualified practitioner's certificate. 20. Notice of death. 21. Exemption from serving on inquests. 22. Fees and allowances payable to members. 23. Mode of proof of Board's records.
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THE HIMACHAL PRADESH AYURVEDIC AND UNANI
PRACTITIONERS ACT, 1968
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
ESTABLISHMENT AND CONSTITUTION OF BOARD
AND REGISTRATION OF PRACTITIONERS
3. Establishment, constitution and incorporation of Board.
4. Election of members.
5. Term of office.
6. Vacancies.
7. Registration.
8. Disabilities for continuing as member.
9. Disqualifications.
10. Vacancies etc., not to invalidate proceedings of Board.
11. Time and place of meeting of Board.
12. Procedure at meeting of Board.
13. Registrar and other staff.
14. Duties of Registrar.
15. Registration.
16. Power of the Board to prohibit entry in or to direct removal
from register etc.
17. Procedure in inquiries.
18. Appeal to Board from decision of Registrar and other powers of
Board.
19. Qualified practitioner's certificate.
20. Notice of death.
21. Exemption from serving on inquests.
22. Fees and allowances payable to members.
23. Mode of proof of Board's records.
2 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 1968
24. Fees for the issue of copies of orders, entries in register, etc.
25. Fees received by the Board.
26. Publication of list of practitioners.
27. Penalty for unlawful assumption of title of registered
practitioner.
28. Selling medicines by hawking etc., to be an offence.
29. Prohibition of practice.
30. Penalty.
31. Power to amend Schedule I.
32. Control of the State Government.
33. Court competent to try offence and cognizance of offences.
34. Protection of action taken in good faith.
CHAPTER III
DISPUTES REGARDING ELECTIONS
35. Definitions.
36. Election petitions.
37. Presentation of petitions.
38. Contents of petition.
39. Procedure on receiving election petition.
40. Power of Director to withdraw and transfer petitions.
41. Procedure before the prescribed authority.
42. Appearance before prescribed authority.
43. Power of the prescribed authority.
44. Documentary evidence.
45. Secrecy of voting not to be infringed.
46. Answering of criminating questions and certificate of
indemnity.
47. Expenses of witnesses.
48. Decision of the prescribed authority.
49. Grounds for setting aside election.
50. Abatement of election petitions.
51. Costs, payment of cost out of security deposits and return of
3 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 1968
such deposits.
52. Execution of orders as to costs.
53. Corrupt practices entailing disqualification.
CHAPTER IV
MISCELLANEOUS
54. Rules.
55. Regulations.
CHAPTER V
REPEAL AND SAVINGS
56. Repeal and savings.
57. Power to remove difficulties.
SCHEDULE I
SCHEDULE II
THE HIMACHAL PRADESH AYURVEDIC AND UNANI
PRACTITIONERS ACT, 1968
(ACT No. 21 OF 1968)1
(Received the assent of the President of India on the 5th December,
1968, and was published in R. H. P. Extra., dated the 3rd
March, 1969 at p.
163-179).
An Act to consolidate and amend the law relating to the registration of
practitioners of Ayurvedic and Unani systems of medicine and
regulate the practice in such systems.
Amended, repealed or otherwise affected by, -
(i) A. O. 1973, published in R. H. P. Extra., dated the 20th January,
1973 at p. 91-112.
(ii) H.P. Act No. 14 of 19782 assented to by the President of India on
27-3-1978 and published in R. H. P. Extra., dated 18-4-1978 P.
353.
1. For Statement of Objects and Reasons, see R. H. P. Extra., dated the 21
st August,
1968 at p. 866 and for Select Committee's Report, see R. H. P. Extra., dated the
29th
July, 1968 at p. 737-755 . For Authoritative Hindi Text see R. H. P. Extra.,
dated 31-12-87 p. 577. 2. For Statement of Objects and Reasons see R. H. P. Extra., dated 3-1-78 p. 4.
4 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 1968
(iii) H.P. Act No. 14 of 19841 assented to by the Governor of H. P. on
29-5-1984, published in R. H. P. Extra, dated 1-6-1986, P. 945.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Nineteenth Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.- (1) This Act may be called
the Himachal Pradesh Ayurvedic and Unani Practitioners Act, 1968.
(2) It extends to the whole of the 2[State of Himachal Pradesh].
(3) It shall come into force on such date3 as the 4[Government of
Himachal Pradesh] may, by notification in the Official Gazette, appoint.
2. Definitions.-In this Act, unless the context otherwise requires,-
(a) 5[xxxxxxxxxxxxxxxx]
(b) "appointed day" means the date on which this Act comes into force
under sub-section (3) of section 1;
(c) Ayurvedic system" means the Ashtang Ayurvedic System and the
Sidha, and includes the modernised form thereof;
(d) "Board" means the Board of Ayurvedic and Unani Systems of
Medicine, Himachal Pradesh, established and constituted under
section 3;
(e) "Director" means the Director of Ayurveda, Himachal Pradesh,
and includes an officer appointed by the 6[Government of
Himachal Pradesh to exercise the powers and perform the
functions of the Director under this Act;
(f) "member' means a member of the Board;
(g) "Official Gazette" means the Rajpatra, Himachal Pradesh;
(h) "practitioner" means a person who practices the Ayurvedic or
Unani system of medicine;
(i) "prescribed" means prescribed rules made under this Act;
1. For Statement of Objects and Reasons see R. H. P. Extra., dated 4-4-1984 p. 580. 2. Subs. for "Union Territory of Himachal Pradesh" by A. O. 1973.
3. The Act enforced w.e.f. the 22nd
March, 1971, vide Not. No. 4-21/68-Med. II',
dated the 17th
March. 1971, published in R. H. P. Extra., dated 22-3-1971, p 186.
4. Subs. for "Administrator" by A. O. 1973.
5. The definition of "Administrator" omitted by A. O. 1973.
6. Subs. for "Union Territory of Himachal Pradesh" by A. O. 1973.
5 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 1968
(j) "register" means the register of practitioners maintained under
section 14;
(k) "registered practitioner" means a practitioner whose name is
entered in the Register;
(l) "Registrar" means the Registrar appointed under section 13;
(m) "Schedule" means a schedule appended to this Act;
(n) "transferred territory' means the territory which on the 1st day of
November, 1966, was transferred from the State of Punjab to the 1[State of Himachal Pradesh] under section 5 of the Punjab Re-
organisation Act, 1966 (31 of 1966),; and
(o) "Unani system" means the Unani Tibbi system of medicine, and
includes the modernised form thereof.
CHAPTER II
ESTABLISHMENT AND CONSTITUTION OF BOARD AND
REGISTRATIONS OF PRACTITIONERS
3. Establishment, constitution and incorporation of Board.- (1)
Subject to the provisions of sub-section (6), there shall be established and
constituted, for the purpose of carrying out the provisions of this Act, a Board
to be known as "the Board of Ayurvedic and Unani Systems of Medicine,
Himachal Pradesh", consisting of the following members, namely:-
(a) the Director of Ayurveda, Himachal Pradesh, ex-officio;
(b) 2[three members], of whom one shall be the principal of any
Ayurvedic or Unani institution, appointed by the 3[Government
of Himachal Pradesh];
(c) 4[five members], of whom not less than 5[three] shall be persons
holding a diploma or degree in the Ayurvedic or Unani system, to
be elected by the registered practitioners from amongst
themselves.
(2) The Board shall be a body corporate by the name aforesaid,
having perpetual succession and a common seal, with power, subject to the
provision of this Act, to acquire, hold and dispose of property both movable
and immovable and to contract, and shall by the said name, sue and be sued.
(3) The Director shall be Chairman of the Board, and the Vice-
Chairman shall be elected by the members from amongst themselves.
1. Subs. for "Union territory of Himachal Pradesh" by A. O. 1973.
2. Subs. for "five" vide Act No, 14 of 1978.
3. Subs. for "Administrator” by A. O. 1973.
4. Subs. for, "eleven members” vide Act No, 14 of 1978.
5. Subs. for the words "seven" vide Act No, 14 of 1978.
6 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 1968
(4) The 1[five] seats of members provided in clause (c) of sub-section
(1) shall be distributed by the 2[Government of Himachal Pradesh]
proportionately to their number, as counted on the prescribed date before the
election, between the registered practitioners who follow the Ayurvedic
system and the registered practitioners who follow the Unani system:
Provided that in determining the proportion, a fraction of one-half and
less shall be ignored and a fraction of more than one-half shall be counted as
one 3[and atleast one seat will be provided for Unani system].
(5) Every election or appointment of a member and every vacancy in
the office of a member shall be notified in the Official Gazette.
(6) Until the Board is established and constituted in accordance with
the provisions of the preceding sub-sections, the 4[Government of Himachal
Pradesh] may constitute a Board5 consisting of seven persons, including the
Director to be appointed by the State Government and the rest from the
persons holding a diploma or degree of Ayurvedic or Unani system or
practitioners in these two systems, and a Board so constituted shall, as from
the commencement of this Act and for a period not exceeding [fifteen]6 years
from such commencement, be deemed to be the Board established and
constituted for the purpose of carrying out all the provisions of this Act, and
the provisions of sub-sections (3) and (5) shall apply to such a Board.
4. Election of members.- The election of practitioners entitled to be
the members of the Board under clause (c) of sub-section (1) of section 3 shall
be held at such time and place and in such manner as may be prescribed.
5. Term of office.- (1) Save as otherwise provided in this Act, a
member, other than an ex-officio member, shall hold office for a period of
five years from the date of the first meeting of the Board.
(2) An outgoing member shall continue in office until the election or
appointment of his successor.
(3) An outgoing member shall be eligible for re-election or re-
appointment.
6. Vacancies.- (1) If a vacancy occurs in the office of a member
through his death, resignation, removal, disqualification or disability or
1. Subs. for "eleven" vide H.P. Act No, 14 of 1978.
2. Subs. for "Administrator "by A. O. 1973.
3 . Ins. vide Act No. 14 of 1978 (sec.2).
4. Subs. for "Administrator" by A. O. 1973.
5. The Board was constituted vide Not. No. 4-2/68-Med-II, dated the 18th March,
1971, published in R. H. P. Extra, dated the 22nd March, 1971, p. 186 and
subsequently modified by Not. No. 11-4/71- H&F. P. (2), dated the 10th Nov.,
1971, published in R. H. P. Extra., dated the 4th
December, 1971, p.1467-1468.
6. Subs."Seven years" for "two years" vide Act No. 14 of 1978 and subsequently
"fifteen years", vide H. P. Act No. 14 of 1984 (effective w.e.f. 17-3-71)
7 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 1968
otherwise, the vacancy shall be filled in the same manner as is provided in
section 3.
(2) Any person elected or appointed to fill the vacancy shall,
notwithstanding anything contained in section 5, hold office only so long as
the member in whose place he is elected or appointed would have held office
if the vacancy had not occurred.
7. Resignation.- Any member may at any time resign his office by a
letter addressed to the Chairman and the resignation shall take effect from the
date on which it is accepted by him.
8. Disabilities for continuing as member.-If any member during the
period for which he has been appointed or elected absents himself, without
such reasons as may in the opinion of the Board be sufficient, from three
consecutive ordinary meetings of the Board or becomes subject to any of the
disqualifications mentioned in section 9, the Board shall declare his office to
be vacant:
Provided that before declaring his office to be vacant, the Board shall
call for his explanation and record its decision thereon.
9. Disqualifications.- A person shall be disqualified for being elected
or appointed as, and for continuing as, a member,-
(a) if he is a minor or an undercharged insolvent;
(b) if he is of unsound mind and stands so declared by a competent
court;
(c) if his name has been removed from the register or list prepared
under this Act and has not been re-entered therein.
10. Vacancies etc., not to invalidate proceedings of Board.- No act
done, or proceeding taken, under this Act by the Board shall be invalid merely
on the ground,-
(a) of any vacancy or defect in the constitution of the Board; or
(b) of any defect or irregularity in the election or appointment of a
person acting as a member thereof; or
(c) of any defect or irregularity in such act or proceeding, not
affecting the merits of the case.
11. Time and place of meetings of Board.-The Board shall meet at
such time and place, and every meeting of the Board shall be summoned in
such manner, as may be provided in the regulations made under this Act:
Provided that, until such regulations are made, it shall be lawful for
the Chairman to summon a meeting of the Board at such time and place as he
may deem expedient by letter addressed to each member.
8 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 1968
12. Procedure at meeting of Board.- (1) The Chairman, and in his
absence the Vice Chairman, and in the absence of both a person elected by the
members of the Board from amongst themselves, shall preside at every
meeting of the Board.
(2) All questions at a meeting of the Board shall be decided by the
votes of the majority of the members present and voting:
Provided that in case of equality of votes, the Chairman, Vice-
Chairman or the person presiding, as the case may be, shall, in addition to his
own vote as a member of the Board, have and exercise a second or casting
vote.
(3) 1[Five members] shall form a quorum at a meeting of the Board
and four members shall form a quorum at a meeting of the Board referred to
in sub-section (6) of section 3:
Provided that if a meeting is adjourned for want of quorum, no
quorum shall be necessary at the next meeting called for transacting the same
business.
13. Registrar and other staff.- (1) Subject to the rules made in this
behalf, the Board shall appoint a Registrar who shall receive such salary and
allowances and be subject to such conditions of service as may be prescribed:
Provided that until a Registrar is so appointed, a person appointed by
the 2[Government of Himachal Pradesh] shall, as from the commencement of
this Act, be deemed to be the Registrar who shall be entitled to such salary
and allowances and shall be subject to such conditions of service as may be
determined by the 3[Government of Himachal Pradesh].
(2) The Board may appoint such other employees as may be necessary
for carrying out the purposes of this Act and such employees shall receive
such salary and allowances and be subject to such conditions of service as
may be prescribed.
(3) All employees of the Board, including the Registrar, shall be
deemed to be public servants within the meaning of section 21 of the Indian
Penal Code (45 of 1860).
14. Duties of Registrar.- (1) Subject to the provisions of this Act and
the rules made thereunder and subject to any general or special order of the
Board, it shall be the duty of the Registrar to maintain the register and to act
as the Secretary of the Board.
(2) The register shall be in such form as may be prescribed and shall
contain the names, addresses and qualifications of every registered
1. Subs. for "seven members" vide H. P. Act, No. 14 of 1978 (Sec. 3)
2 . Subs for "Administrator" by A. O. 1973.
3. Subs for "Administrator" by A. O. 1973.
9 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 1968
practitioner together with the dates on which such qualifications were
acquired. The register shall be divided into the following three parts, namely:-
PART I containing the names of the practitioners qualified to practise
the Ayurvedic system;
PART II containing the names of the practitioners qualified to
practise the Unani system; and
PART III containing the names of practitioners registered under
sub-section (2) of section 15.
(3) The Registrar shall keep the register correct and may from time to
time enter therein any material alteration in the address or qualifications of the
practitioners. The names of the registered practitioners who die or whose
names are directed to be removed from the register under this Act shall be
removed from the register.
(4) A registered practitioner shall, on payment of such fees as may be
prescribed, be entitled to have entered in the register any further degrees,
diplomas or certificates or other qualifications in Ayurvedic system or Unani
system or other recognised medical degrees, diplomas or certificates which he
may obtain.
(5) For the purposes of this section, the Registrar may write by
registered post to any registered practitioner at the address which is entered in
the register enquiring whether he has ceased to practise or has changed his
residence and if no answer is received to the said letter within three months,
the Registrar may remove the name of the said practitioner from the Register:
Provided that the Board may, if it is satisfied on the application of the
said practitioner that he has not ceased to practise, direct that his name be
re-entered in the register.
15. Registration.- (1) Every person possessing any of the
qualifications specified in Schedule-I shall, subject to the provisions of this
Act and on payment of such fees as may be prescribed, be entitled to have his
name entered in Part-I or Part-II, as the case may be, of the register subject to
such conditions as may be prescribed.
(2) Notwithstanding anything contained in sub-section (1), every
person, who, within a period of two years from the date on which this Act
comes into force, proves to the satisfaction of the Registrar that he has been in
regular practice as a practitioner for a period of not less than seven years
preceding the date on which he makes an application for being registered as a
practitioner shall, subject to the provisions of this Act and on payment of such
fees as may be prescribed in this behalf, be entitled to have his name
registered in Part-III of the register subject to such conditions as may be
prescribed.
10 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 1968
(3) No person shall be entitled under this section to have his name
entered in the Register if he is a minor.
(4) Every person whose name is entered immediately before the
appointed day in the register maintained under section 15 of the Punjab
Ayurvedic and Unani Practitioners Act, 1963 (Punjab Act 42 of 1963), as
inforce in the transferred territory, shall, subject to the provisions of this Act,
be deemed to be registered as a practitioner under this Act and accordingly his
name shall be entered in the appropriate part of the register maintained under
this Act.
1[Provided that in the case of persons who were registered under the
Punjab Ayurvedic and Unani Practitioners Act, 1963 (42 of 1963) and have to
be re-entered under this sub-section shall be liable for payment of such fee as
may be prescribed in this behalf.
(5) The registration of persons entered in the register under this
section shall be valid for a period of three years from the date of entry in the
register and after every three years, it shall be renewable on payment of such
fee in such manner as may be prescribed in this behalf.]
16. Power of the Board to prohibit entry in or to direct removal
from register etc.- (1) The Board may prohibit the entry in, or order the
removal from the register of the name of any practitioner,-
(a) who has been sentenced by a criminal court to imprisonment for
such offence involving moral turpitude as may be declared by
the 2[Government of Himachal Pradesh]; or
(b) whom the Board, after proper inquiry either made by itself or
by a committee appointed for the purpose by the Board from
out of its members, has found guilty of professional misconduct
or other infamous conduct by a majority of at least two-thirds of
the members present and voting at the meeting of the Board.
(2) The Board may direct that the name of any person against whom
an order has been passed under sub-section (1) shall be entered or re-entered,
as the case may be, after having satisfied itself that due to lapse of time or
otherwise the disability mentioned in sub-section (1) has ceased to have any
force.
17. Procedure in inquiries.- For the purposes of any inquiry held
under clause (b) of sub-section (1) of section 16, the Board or a committee
appointed by the Board shall be deemed to be a court within the meaning of
the Indian Evidence Act, 1872 (1 of 1872), and shall, so for as may be, follow
procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908).
1. Proviso and sub-section (5) added vide H. P. Act No. 14 of 1978 (Sec. 4)
2. Subs. for "Administrator" by A. O. 1973.
11 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 1968
18. Appeal to Board from decision of Registrar and other powers
of Board.- (1) Any person aggrieved by the decision of the Registrar
regarding the registration of any person or any entry in the register may, on
payment of such fees as may be prescribed, appeal to the Board.
(2) An appeal under sub-section (1) shall be filed within sixty days of
the passing of the order appealed against after excluding the time spent in
obtaining a copy thereof and shall be heard and decided by the Board in the
manner prescribed.
(3) The Board may, on its own motion or on the application of any
person, after due and proper enquiry and after affording the person concerned
an opportunity of being heard, cancel or alter any entry in the register if in the
opinion of the Board, such entry was fraudulently or wrongly made.