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The Himachal Pradesh Ayurvedic and Unani Practitioners Act, 1968
Act 21 of 1968
Keyword(s):
Ayurvedic System, Official Gazette, Practitioner, Transferred Territory, Unani
System
Amendment appended: 14 of 1984
THE HIIBIACHAL PRADESH APBJRVEDIC AND UNANI
PRACTITIONERS ACT, 1968
PRELIMINARY
SECTIONS : 9
1. Short title, extent and cornrnencea~ent.
2. Ddnitions.
ESTABLISHMENT AND CONSTITUTION 'OF BOARD AND
REGISTRATION O F PRACTITIONERS
3. Establishment , constitution and incorporation of Board.
- Election of members. 5. Term of ofice, 6. Vacancies. 7. Registration.
- Disabilities for continuing as^ member.
- Disqualifications.
- Vacancies etc., not to invalidate proceedings of Board. 11. Time and place of ~ e e t i n gof Board. 12. Procedure at meeting of Board. 13. Registrar and other staff.
- 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.
- Appeal to Bovd from decision of Registrar and other powers af Board.
- Qualified practitioner's certificate. 20. Notice of death. 21. Exemption from serving on inquests. 22. Fees and allowances' payable to members. 23. Mode of roof of Board's records. 24. Fees for the issae dcopies of orders, entries in register, etc. 25. Fees received by the Board.
- Publication of list of practitioners. , a
- Penalty for unlawful assumption of tiilo of registered practitioner.
- Selling medicines by hawkigg etc., to 3e an offence.
- Prohibition of practice.
- Penalty.
- Power to amend Schedule I. 32. Control of the State Government. 33. Court competeat to try oBe~ceand cgg~iizanceof offences. 34, Protection of action taken in good fa;th.
.$ -
23 8 H,P. ACTS, NOTIFICATIOHS AND RULES (HP CODB VOL. 11)
(ii) H.P. Act No. 14 of 1978l assented t o by tlie President of Bndia om
27-3-1378 and pcblished in R.H.P. Extra., dated 18-4-1378P. 353.
(iii) HP. Ac: PSo. 14 sf 19842 assented to by the Qoveraos of H. P. on
29-5-1984 and ~ublishedin R.H.P. Extra, dated 1-6-1986, P. 945.
An Act to consoliddate agd amend the law reliatii%g to the registration of practitioners 05 Aynrvedic and Ucstnl systems of medicine amd regulate the practice in such systems,
BE it enacted by the Le;islative Assembly of Himachal Pradesh in the
Nineteenth Year ef the Repithlic of India as follows:-
PRELIMINARY
I. Short titlie, extent and co3nmnencement.-(0 This Act may be called the Hi~laachalPradesh Ayurvedic and Unani Practitioners Act, 1968. . (2) It extends to the whokq of the 3(State of Hin~achalPradesh).
(3) It shall "come into force on such d a t e h a s the 5[Government of Himachal Pradesh] may, by notification in the Oacial GRzette, appoint.,
- Definitions.--In this Act, unless the context otherwise requii cs,-
(@) * * *** * I J** (h) ''appoicled day" means the date on which this Act cokes into force under scb-section (3) of section 1 ;
(c) "Ay~rve:lissystem" means the Ashtang Ayurvedic System and the
Sidha, e lad includes the modernised form thereof ;
(11) "Board" means the Board of Aymvedic and Unani Systems of Medicjise, Himachal Pradesh, established and cotlsituted under section 3;
(e) "Director" means the Director of Ayurveda, Himachal Pradesh, 2nd include? an oEcer ap9oi~:ed by the 7jGovarnrne11t of Himachal Pratesh to exercise the powers and perform the functions of the Dikeclici ulider this Act; (f)""yn ber' means a member of the Board ; (g) bfiicial Gazette" means the Rajpatra, Himachal PradeSh ; (h) "pea.ttitioner9' means a person who practices the Aylrrvedic or Unari system of medicine; (i) "presr:.ibed" means prescribed rules made under this Act;
- For Statzinent of Objects and Rsasonssee R. M. p. Extra., dated 3-1-78 p, 4.
- For Statement of Objects and Reasons see R. H. P. Extra., datad 4-4-1984 p. 583.
- Subs. for "Unio? Territory of Himacha! Pradesh" by A. 0. 1973.
- The Act enforced w.e.f, the '2nd IqIarc!i, 1971, vide N9:. No. 4-21 168-Med, 11 : dated the 17th PBlrch. 9971, publishgd i n R. M. P. Zxtm., dated 22-3-1971, g
5. Subs. for "Ad?r;aist~.ntor"'by R.O. 1973.
- The definition ai'~'Admirsistrator" omit~edby ibid.
(j) '?registerw means the register of practitisilers rnalntanied under section 14 ; (k) "registered practioner" means a practitioner wkose mame is entered in the Register ;
( I ) "Registrar" means the Registrar appointed under section 13;
(m) "Schedule" means a schedule appended to thit; Act ; In) "transferred territory' means the territory which 03-4the 1st day of November, 1966, was transferred from the State of Punjab to the -*> (^) l[State of Himachal Pradesh] under section 5 of the Punjab Re- organisation Act, 1956 (31 of 19641, ; and
(01 'cUnani systern" means the Unani Tibbi systsm of medicine,
and includes the modernised form thereof.
CH-~PTERII
ESTABLISHMENT 'AND CONSTITUTION OF BOARD AND
REGISTRATIONS OF PRACTITIONERS
3. Establishment, constitution and incorporation of Board.- (1) Subject to th; provisicns of sub-section (6), there shall be established and constiutdd, for the purpose of carrying out the provisiorns cf this Act, a Board to be known as "the Board of Ayurvedic and Unani Systems of Medicine, HimachaI Pradesh9', consisting of the following members, namely:-
(a) the Director of Ayurveda, Himachal Fradesh, ex-oficio; (b) 3Lthree members], of whom one s h s l be the principal of any I - (^) Ayurvedic or Unani institution, appointed by the 2[Government of
Himachal Pradesh] ; (c) $[five members], of whom not less than 4[ei~ree]shall be persons holding a diploma p r degree in the Ayurvedic or Unani system, to be elected by the registered practitioners from amongst themselves. (2) The Board shail b: a body corporate by the nam* aforesaid, having perpetual sur,cession and a common seal, with powzr, subject to the provision of this Azt; to acquice, hold an3 dispose of p?operty b ~ l hmovable and imrnovade and to contract, and shall by th'e said name, sue and be sued..
(3) The Director shall bs Chairman of the Board, and the Vice- Chairman shall be elected by the nembers from amcngse themselves. (4) 'The 5[5vej ssats of members provided in clause (c) of sub-section (1) shall be distributed by the 2[Gsvernment of Himachal Pradeshj proport- ionately to their number, as counted on the prescribe i date before the election, betwee~the reglstered practitioners who follow tl. e Ayurvedic system 2nd the registered practitioners who follow the Unani sjstein :
Pr~videdthat in detern~iningthe proportion, a frasiion of one-half and less $5211be ignored and a fraction of more than ol%e-l;>.l,fs5all be counted as one "gdlld atlzast one $:at will be provided f ~ rBnani sysiem].
( 5 ) Every election or appointmznt of a mcnber z nd :very
-^ in the -- o ----^ 3ce^ of a member^ shall^ be-^ notifiad^ in the^ Official^6 :zette. 1. Subs.? ) c "Utiron terrltolp of Hirnacilal Fradesh" by A, 0. 1373. 2. Subs, for ccAdminisfrat~r" ibid.
vacancy
3. Subs. f0.1 ''five" vide Act NO, I4 of 1978.
- Subs. for ,<.elevenmemnbars" and "seven" vick' ibid
- %.;bs. for '<eleven" vide ihid.
- Ins, and vide H.P. Act ibid,
15, P, AYXJLVZDIC A S D UNI4x PXACTJ'FfONERS ACT, 1968 .24^1
9. DisquaIificattons,-A person shall be disqwIjfieLi for being elected or appointed as, and for continuing as, a member,--
,(a) if be is a minor or an undiscliarged insolvent; (b) if he is of unsound mind and stands so declared by a competent court ; (6) 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 sf Board.--No act done, or proceeding talcen, under this Act hy the Board shall be invalid merely 011 the ground,-
(a) of any vacancy or defect in the constitution of the Board; or
( b ) of any defect or irregularity in the election a r appointment of a person acting as a member t h e r e ~ f;or
(c) of any defect or irregularity in such act or ppceeding, not affecting
the merits of the case.
11. Time and place of meetings of Board.-The Board shall mcet a t such time and place, and every meeting of the Board shall be summoned
in such manner, as may be prov~dedin the regulations made under this Act:
Provided that, until such regulations are mnde, it shall be lawful for the
Chairman to summon a meeting of the Board a t such lime and place as
he may deem expedient by letter addressed to each member.
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 a t every meeting of the Board.
(2) Ali q~esiionsat 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 voles, the Chairman, Vice-Chairmall Or the person presiding, as the case may be, shall, in addition to his ow vote as a member of the Board, have and exercise a second or casting vote.
(3) l[Five members] shall form a quorum a t a meeting of the Board and {our 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 quoruln shall be necessary at the next meeting called for transacting the same business.
83. Registrar and other staff.-(1) Subject io the ruies made in this behalf, the Board shall appoint a Registrar who shall receive such salary and allowances and be subject to such condition5 of service as may be prescribed :
Provided that uiilil a Registrar iS so appointed, a person appointed by
the Z[Government of Himachal Pradesh] shall, as from the commencement of this Act, be deemed to be the Registrar who shall be entitled to sucll salary and allowances and shall be subject to such conditions of service as may be determined by the 2[Gove~nmentof Himachal Pradcshl. I. Subs, forMsevenmsmber3'' vide HH, P. Rot, No. t 4 of 1978 (Sec, 3) g. subs for ~@Adm~oistrator''by A, 0, 1973,
242 $1.^ P.^ ACTS,^ NOT~(E'ICAT~~J'.T~AND^ RUI.FS^ {HP^ CODR^ VBL,^ 11)
(2) The Board rnay appoint such other enlployees 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.--(l) Subject to the provisions of this Act and the rules made thereunder and subject ro 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 practitioner together with the dates on which such qualifications were acquired. The register sball be divided into the following-three parts, namely:-
P A I ~ T I containing the nalnes of the practitioners qualified to practise the Ayurvedic system ; PARTI T containing the names of the practitioners qualified to practise the Unani system ;and I"RT (^111) containing the names of practition'ers registered r~nder sub-secti on (2) of section 15.
(3) The Registrar shall keep the register ;correct a126 may from time to time enter therein any material alteration in the address or qualifications af the practitioners. The names of the registered practitioners who die or whose names are directed t6 be removed from the aregister under this Act shall be removed from the register.
(4) A registered practitio~ier shall, on payment of such fees as may
be prescribed, be entitled t o have entered i n t h e register a n y f u r t h e r degrees, diplomas or certificates or other qualifications in Ayurvedic system or Unani system. or other recognised medical degrees, diplomas or certificates which lie 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 xased 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.--(I) Every person possessing any of the qualifications specified in Schedule-1 shall, subj:ct to the provisions of this Act and on payment of such fees as may be prescribed, be entitled to have his name ntercd in Part-I or Part-11, as the case may be, of'the register subject to such conditions as may be sprescribed.
$
244 H. P. ACTS, NOTXFICATIONS AND RULES (HP COWvOL. 11)
- Procedure in inqwiuiries.-For the purposes of any inquiry held under clause ( k ) of sub-section (1) of section 16, tlie Board or a committee appointed by the Board shall be deemed to be a court within the meaning of the Indian Evidence Act, 1872 (I of 1872), and shall, so for as may be, follow procedure laid 6own in the Code of Civil Procedue, 1908 (5 of 19081. 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 ( I ) shall be filed withi11sixty days of the
passing of the order appealed against after excluding the time spent in ob- taining a copy thereof and shall be heard and decided by the Board in the manner prescribed.
(3) The Board may, on its ;wn inotion od. on thc application of any person, after Cue and proper enquiry and after aflording the person concerp ed an opportunity of &ing heard, cancel or alter any entry in the register if in the opinion of the Board, such entry was fraudulently or wrongly made,
19. Qnalified practitioner's ~ertifi'a'cabe.-Notw7itbstadding acytlling in any law for the time being in force,--- (a) the expression 'legally qualified medical practitio~~er'or "duly qualified medical practiti~ner'or any word importing person recognised by law as a medical practitioner or a meqber of t%e rrredicsl profession shall in all Acts or ctlzer provisions having the force of la;v in the 11State of Himachal ~ r a d e s h ]and relating to matters in I-ist-11 or List-111 of the Sevmth Schedule to the Con- stitution of India, includes a practitioner registered in Part-1 or Part II of the register;
- (6) a certificate required. by any Act to be issued by ally medical practitioner or medical oEcer shall be valid if such certificate bas
been signed and issued by a practitioner registered in Part-I or
Pal-t-II of the register;l
Provided that a certificate of illness nlay also be signed and issued by any
practitioner registered in Part III of the register; t c ) a practitioner^ regisrered^ in^ Part-I or^ Pprt-II^ of the^ register^ shall^ be eligible to hold any appointment as medical officer in any Ayur- vedic or Uilani dispensary or hospital supported by or receiving
a grant from t114 Governlent and treating p~tientsaccording lo the
hyurvedic.system or Unani system o r in any ;?ublit: establisllnrent, body OT institutiotl dealing with any stlcir system; and (d) a registered practitioner shall be entitled 113 use substaaces in iheit crude or manufactured form or prepnrations containing such snbs- tances, provided their pharmaceutical action in relation to such use is known to him according to the fundamental ~rinciplesof
d those^ medicinks.^.
29. Notice of death,---Every Registrar of Deaths on receiving notice of the death of a registered practitioner shall forthwith transmit by post to the registrar a certificate under his own hand of such death with the particulars -- - - - - --.- - - - - --- - -- --- - - - - - -- - - 1, Subs. i'or "U tarritory of iEima"u~1 Pradosh'9y A.0. 1973.
of time and place or death and may charge the cost of such certificate and
tra~~srnissionas an expense of his office.
- Exenlotion fropa serving on inquests.--Notwithstanding anything con- ctained in any other law for the time being in force, every registered parcti-
- (^) tioiler shall be exempted if, he so desires, from serving on any inquest ilmder ][the Code sf Crinlinal Procedure, 1898 (5 of 1898)'j.
- Peas and alIowallces pay~blc to members.--Thele shall be paid to
. the n~embersfor attending meetings of the Board such fees and such travelling
and othw allowances as may be prescribed.
23. Mode of proof of Board's records.--A copy of anry proceeding, receipt, application, plan, notice, enti-y in a ra,oister or other document in the possession of thaB:?nrd shall, if duly certified by tile Registrw or any other person autliorised hy the Board in this behalf, be received as prik~zn facia evidence of the existence of tlie entry or documunt and shall be admitted a 9
evidence of the existence of the ontry or document and of the matters there
resorded in every case where, and to the same extent as, the ofginai entry or document would, if procured, have been admissible ro prove such matters.
24. Fees for the issue of copies sf'srders, entries in register, ate.--Copies of ally order passed by the Board or the Registrar or of a n y entry il? the register shall be supplied on payment of such fees as nfay be prescribed.
2 % Fees received by the Board.-A.11 moneys received by alle Hoard
as fees under this Aci shall be app1ip.f Eo; th=, purpascs of this Act in the
prescribed w amsel'.
26. Pi:blicatlon of list of pra&itisnrrs.-(1) The Regislrar shafl at least
on& in every five years on or before a dale to be fixed by the Board cause to b e I printed and published a correct Iisl of lhs names and qualifications of an - praclitionars for the time being ei::eri.d in the register and the dates whe such qualifications were acquired.
(2) In any proceeding, whether bcforc a c.suri or otherwise, it shali b e
presumed that every person enterad in such list is a registered practitioners
and that any persou not so entered is not a registered practitioner. -
27. BBenalily for mlasfu%assumplion of title of' registered prac8itianer.- $k7hoevsrwilfi~llyand falsely ussurileq or uses any title or description or ally
- (^) ndditi9n to tajs name in-tplying that be is a registzrcd practitioner shall'ba punishable for the first ~ffencewit17 imprisonmect whjcil may extend to six mc;ntlzs or with iii-te which may extend to two hundred and Afty rupees or with both and for,every wbsequent offence with imprisonment which may extend to two yeats or with fine which nzay extend to five h~mdred rupees or with both.
28. Selliatr; medicines by h;a:vking etc. to brt bn offence.--No practitioaer
whether r:~i~tercd CT not, slaaIB sell any ?vT.xlicine of tho Aynrvedlc sjlstsnl or Ihlaani syctem in a publir: plac.~ as a hwlier or by assembling a mnjt.l"ca. ----- - -- - -- --- --- - - *- -
- WOW th3 Tnde .?f Criminal Procedure: 1973 ( 2 of 1974).
C X ~ W F R - I ~ I
\
~ISFTITES REGARDING ELECTIONS
- Definitions.-Tn this Chapter, unless the context otherwise requires,- (a) "agent" means any person appointed in writing by a candidate at an election to be his agent for the purposes of his election with the written consent of such person;
( b ) '"andidate" means a person who has been or claims to have been
duly nominated as a candidate at an election, and any such person shall be deemed to have been a candidate as from the time when, wit11 the election in prospect, he began to hold himself out as a prospective candidate ; (c) "corrupt practice" mealls any sf the practices specified in Schedule 11; ( d ) "costs" lneatls all costs, charges and expenses of, or incidental to,
a trial of fin election petition;
(e) "election" nieans an election to fill the oftice of a member; (.f) ')'electoral right" means the right of a person to stand or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at an election: and (g) '"leader" means any person entitled to appear and plead for another iu. a civil court, and includes an advocate.
36. Election petitions.--No election shall be called in question except by an election petition presented in ac,cordance with the provisiolls of this Chapter.
- Presentation of petitions.-41) Any registered praciitioner may within a pcriod of thirty days from the date on which the election of any member is notified under sub-section (5) of section 3 and on furnishing the pres- cribed security in the prescribed manner, present on one or more of the gro- unds specified in sub-section (1) of section 49 to the prescribed authority an election petition in writing against the election of such member.
(2) The election petition shall be deeind to have been presented to the prescribed authority, -- (a) when it is deRvered to thecprescrjbed authority,- ' (i) by the person making the petition ;or (ii) by a person authorised in writing in this bphalf by the person making the petition; or (6) when it is sent by registered post and is delivered to the prescribed authority.
38, Contents of petition.-41) An election petition,-
(a) shall contain a-concise statement of the matterial facts on which
the petitioner relies; (,b) shall set forth full particulars of any corrupt practice that the petit- ioner alleges, including as full a statement as possible of the nafies of the parties alleged to have committed such corrupt practice
and the date and place of the commission of such practice; and
248 ,^ a,^ P.^ ACTS,^ NOTIFICATIONS^ AND^ FPUI-EB(RP^ COD@VOt?^^11 )
(c) shall be signed by the petirioner and verified in the manner laid down in the Code of Civil Prodednrc, 1908 ( 5 of 1908), for the verification of pleadings :
Provided that where the petitioner alleges ally corrupt practice, the peti- tion shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof. ,
(2) Any schedule or annexure to the petition shall also be signed by the petitioner and veiiied in the same manner as the petition.
39. Procedure on receiving ejection petition.--Jf tfie prescribed security is not furnished in the prescribed manner or the petition is not presented within the period specified in section 37, the prescribed authority shall dismiss the petition:
Provided that the petition shall, not be dismissed without giving the
petitioner an opportunity of being heard.
40. Power of Director to withdraw and transfer petitions.-The Director
' may,^ at^ any stage after notice to parties^ and for^ reasons^ to^ be recorded, withdraw any ekction petition pending before a prescribed authority and trans- fer it for trial to another prescribed authority ; and upon such traiisfer, that
prescribed authority shall proceed with the trial from the stage a t which it
was withdawn I
Provided that such authority may, if it thinks fit, recali and re-examine any of the witnesses already examined.
- Procedure before tlie prescribed authority.--(I) Sul~ject to the pro- visiofls of this Act and of any rules made-thereunder, every election petition shall be tried by the prescribed authority, as nearly as may be, in accordance with the proeedum applicable under^ '[the^ Code^ of^ Civil^ Procedure,^1908 (5 of 1908)], to. the trial' of suits : ,
Provided that the prescribed authority shaU have the discretion t , ~rcfusc for reasons to be recorded to examine any witness or witnesses, if it is of the opinion that their evidence is not material for the decision of the pat't' " 1 1011 Qr that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings.
(2) The provisions of the Indian Evidence Act, 1872 (1 of 1872),shall- subject to the provisions of this Act, be deemed to apply in all respects to the trial of an election petition.
- Appearance before prescribed authority.-Any appearance, application or act before the prescribed authority may be made 01- done by the party in person or by pleader duly appointed to act on his behalf: Provided that it shall be open to the prescribed authority to direct any party to appear in person whsnever the prescribed authority considers it necessary. ----- - -. I _ _ _ _ l__________.___h -^ ----
- Now the Code o f Criminal Procedure, 1973 (2 of 1974).
250 H. p. ACTS NOTIPIeATIsNS A N 3 RULES (HP eQDEV6L. 11)
47. Expenses of wifnesses.-The reasonable expenses imcurred by any person in attending to give evidence may be allowed by the prescribd authority to such person and shall unless the prescribed authority otherwise directs, be deemed to be part of the costs. 48. Decision of the prescribed authority.-(1) Where an electiga petition has not been dismissed under section 39, the prescribed suthariey
shall enquire into the election petition and at the conclusien of Llar i n q ~ i r y
shall make an order,-
(a) dismissing the election petition ; or (b) setting-aside the elaction.
(2) At the time of making an order under sub-scetiea (1) tks pearibad
authority shzll also make an order,-
(a) where any charge is made in the petition of any s~rrapt pra~tier
hrving been committed at the election, recording,-
(i) a finding whether any corrupt practi~ehas not bmn preved
to have been committed at the election and the nature ef ' that eorrupt practice; and (is') the names of all persons, if any, who have been prevcd at the
trial to have been guilty of any corrupt practice and the nature
of that practice ; and
(b) k i n g the total amount of costs payable and speoifying the parsoas
by and to whom costs shall be paid i
Provided that a person who is not a party t s the petition shall net br
named ia the order under slxb-clause (ii) of clause (a) unless,-
(i) he has been given notice to appear before the prescribed authgrity and to show cause why he should not be so named ;and (ii) if he appears in pursuance of the notice, he has been give~l aa opportunity of xoss examining any witness who has already been examined by the presecribzd authority and has given evidenee
against him, of calling evidence in his defence: and of biag
heard.
- Qounds for setting-aside election.-(1) If the proscribed authsrity is of the opinion,-
(a) that on the date of his election the elected person was not qualified or was disqualified,to be elected under this Act ; or (b) that any corrupt practice has been committed by the elected persen or his agent or by any other parson with the conse~tof tkc elected psrson or his agent ; or ( 6 ) that any nominalion has been improperly rejected ; or (a) that the result of the election, in so far as it concerns the eleoltd person, has been materially affected,-
(i) by the improper acceptance of any nomination ; Qr
(ii) by tth* improper reception, refusal or rejwtien ef athly vote 02
the nreption of any vote which is veid ; @r
(iii) by any non-oompliance i i t h the provisions of this A@& 9r
my rules made thereunder;
the preswibed authority shall set-aside the election of the elected person.
(2) When an election has been sat aside under sub-seotion (I), a Resh
rlaotion shall be held.
50. Abetment of election petitions.-An election petition shall abate
ealy on the death of a aole petitioner or of the survivor of several petitioners.
- Costs. payment of cost out of seeurity deposits and return of such d@pes:Q.--(1) Costs including pleeder's fee shall be in the disc.etion of tho preecribed authority. ' $2) If in any order as to costs under the prot.isions of this Chapter there is a direction for payment of costs by any party to any perscn, such costs shall, if they have not been already paid, be paid in full or so far as possible, eut of the security deposit made by such party under this Chspter, on an application made in writing in that behalf within a period of one year from the date of such order to the Director by the person in ?hose favoxr the cost havo been awarded.
(3) If there is any balance left of the security deposit under this Chapter after payment under sub-section (2) of the costs referred to in that sub- section, ~ u c hbalance, or where no costs have been awarded or no application as aforesaid has been made within the said period of one year, the whole of the said security deposit may, on all application msde in that behalf in writing t.e~ the Director by the person by whom the security has been deposited, or
if suck gcrssn dies after making soch deposit, by the legal reprcscntatives af
sucll pers011, be returned to tho said person or to his legal reprcsentaaivu, as the case may be.
5%. Execution of orders as to oosts.-Any order as to costs under the
provisions of this Chapter may be produced befcre the principil eivil court within the local limits of whose jurisdiction any person direc ed by such
order to pay any sum of money has 8 place of residence or business and such
eourt shall execute the order or cause the same to be executed in the same manner and by the same proced~s?as if it were a decree for tho payment of money made by itself in a suit: -
Provided that where any su:h costs or alry portion thereof may- be recovc:red by an application made under sub-section (2) of section 51, no apliaation shall lie under this sectioil within a pai3d of one year 'romthe date af s1x:h order unless it is for the rscovery of the balance of any cost which
has b1:en left unrealised after an a3plication has been made under that sub-
section owing to the insufficiencyof the amount of the security de?osit referred
to ia that sub-section.
- Corrupt practices entaili~gdisqudificatibn.-The corrupt praetieas.
shall entail disqualification for membership of the Board for a period of
Wve y:aa counting from the date on which the finding of the prescribed
autko~ityas to such practice has 3een given:
Provided that the l[Goveenmest of Himachal Pradesh] may, for
reasons to be recorded, remove the disqualification or reduce the period t her %of.
- r i - p ---"-La-- l^iW~c-^_-.~ --&3----* - - -
- SBuLs, fer 6~Al@Liotrator''by A. 0.1973.
H, P, AYURVEDIC AKD UNANI PRACTITICINERS ACT, 1968 253
modified form or be of no effect, as the case may be, so, however, that any
'
such modification or a~nualrnentshall be without prejudice to the validity of anything previously done under that rule.
55. Regulations.--(1) The Board may, with the previous approval of
the l[Government of Himachal Pradesh] make regulations not inconsistent -
with this Act or the rules made thereunder for all or any of the following matters, namely :-
(a) the time and place at which the Board shall hold its meetings and the manner in which such meetings shall be suinmoned under section 11 ;
( h ) ally other matter which may be considered necessary for carrying out the purposes of this Act.
(2) All regulations shall be published in the Official Gazette.
(3) The 1[Government of Himacha4 Pradesh] may, by notification in the Official Gazette, cancel any regulation.
CHAPTER-V
REPEAL AND SAVINGS
,^ 56.^ Repeal^ and^ savings.-(1)^ As^ from^ the^ commen=eirarnt^ of^ this Act,-
(a) the Punjab Ayurvedic and Unani Practitioilers Act, 1949, as in force in the area compriqed in the 2[State of Himachal Pradesh] immediately before 1st November, 1966 ;and ( h ) the Panjab Ayurvedic and Unani Practitioners Act, 1963, in its application to the transferred territ,ory,
shall stand repealed : " Provided that the repeal of any such enactnlent shall not affect,---
, (a) the previous operation of such enactment or anything duly done or suffered thereunder, or
( E ) any right, priviiege, obligation or .^iabilityacquired, accrued or
incurred under such enactment, or (c) any penalty, forfeiture or punishment incurred in respect of any offence mmmitted against such enactment, or (d) any investigation, legal proci~edingor remedy in respect of an> E U C ~right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid ;
and any such investigation, legal proceeding or geinedy may be instituted, continued or enforced and any such penalty, fcrfeiture or punishment may be imposed as if this Act had not been passed. ------- -----.- -----
1. Subs. for "Administrator" by A. 0. 1973. 2, Subs, for .<Unionterritory of Himachal Pradesh" by ibid.
254 H.I?.^ ACST,^ NaTIFICATI@NI^ AND^ RW&W^ (a.P.^ @@BE^ Yeb.^ 4)
(2) 'Subject 13 the provisc8 t e sub-section (11, mything dene or ray
acJsn taken (ire1 .ding any appointment er delegation made, t~oti;icatiea, order, instruotion or dircct'on issued, rules and regulations framed) under
the enactments rep :sled by s zb-section (1) shall, ila so fag as it is not i:lconsis-
tent with this Act, be deemcd to have been dons or taken under the corres- poadiirg provisior~:of this Act and shall contimut to be in fore@accordingly,
unless and until sr,perseded by anything den@e r sny iicti0~1 taken u ~ d e r
this Ast.
(3) Without prejudice to the general appli~atiwasf the provi~iemssf sub-sections (1) a ~ d(23, the assets and liabilities imlsladiatcly before bho
4th February, 1955, of the interim Board eoastitcted under sub-section (6)
sf section 3 af the Punjab'Ayurvedic and Unani Practitioners Act, 196B, (42 of 1963), whi~klby virtu? of any agreement or otherwise under the Punjab Re-mrganisation Act, 1966 (31 of 1966), may devolve on the l[Qovernmcnt of hlirnachal PradosE] shall, if acthe Government of Himachal Pradesh] se
direets, beoom the assets and liabilities of the Bsard.
57. Power to remove diffiea1ties.-If any difficulty arisas in giving effect to the provisions of this Act, the IrGovernrnent of Himashal Pradash] may, by order published in the BBcial Gazette, make such provisions s r
give such directions not inconsistent with the provisions s f this Act, as may
appear to '[it] to be necessary or expedient for the r e m ~ v a lof the difficulty.
SCIIEDULE-I
(Sea section 15 and 31) \
RECOBNISEB MEDICAL QUALIFICATIONS' IN INDIAN MEDICINE
GRANTED BY UNIVERSITIES1, BOARDS OR OTHER MEDICAL
INSTITUTIONS IN INDIA
Name of Univers,ty, Recognised medical Abbreviation Remarks Board or Medical qualiilcation for regiseratioil Institution 1 2 3 4 --.--l------r_r--l-^l-------------- PARTI-AI~URV;DA AND SIDDKA ,
ANDHRA :
I
- Board of I r d i a ~ " ~Graduate of the College G.C.A.M. ,.
Medicine EX: derd- of A y.urvedic Medicine. ,
bed, A.P.
Graduate of the College O.O.I.M...
ef b1,:egrated hfedicins, Ayurveda Visharad A.V.K... Bacl;elor of Aqvrvedia B,A.M. & S. Med cine and Surgery. ------____-- -------- ..-
- subs. for 'Rdn niskator" by A. 0. 1973. 1. (^) Subs. for "+he Jnioa" by ibjd, 3. Subs. for "hrm ' by ibid. 4. Scheduk I >ub' tuted vide Tot, Nc. 2-38/93. H. L F. W. dated 21-3-78, p~ilkh@d in R.H.P. cate,. 10-6-48, B 530-536.
