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The Andhra Pradesh Yogadhyayana Parishad Act, 1987.

Andhra Pradesh · state statute
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THE ANDHRA PRADESH YOGADHYAYANA PARISHAD ACT, 1987
(ACT No. 25 Of 1987)
ARRANGEMENTS OF SECTIONS
SECTIONS
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER-II
ESTABLISHMENT OF YOGADHYAYANA PARISHAD
3. Establishment and affiliation of Yogadhyayana Parishad
4. Objects of the Parishad
5. Powers and functions of the Parishad
6. Governing Council
7. Powers and functions of the Governing Council
8. Meetings of the Governing Council
9. Disaffiliation of certain Institutions from the concerned Universities
10. Establishment of Study Centres
11. Vesting of certain institutions with the Parishad
12. Funds of the Parishad
CHAPTER-III
MISCELLANEOUS
13. Annual financial statement
14. Subventions and loans to the Parishad
15. Powers of Parishad to borrow
16. Accounts and Audit
17. Authentication of orders and other instrument of the Parishad
18. Inspection and control
19. Power to make Regulation
20. Power to make rules
 THE ANDHRA PRADESH YOGADHYAYANA PARISHAD ACT, 1987
ACT No. 25 Of 1987
                                    [23rd April, 1987]
AN ACT TO PROVIDE FOR THE CONSTITUTION OF ANDHRA PRADESH
YOGADHYAYANA PARISHAD FOR PROVIDING EDUCATION AND
TRAINING IN YOGA AND NATUROPATHY IN THE STATE OF ANDHRA
PRADESH AND FOR MATTERS CONNECTED THEREWITH OR
INCIDENTAL THERETO.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in the Thirty eighth Year of the Republic of India as follows:-
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement- (1) This Act may be called
the Andhra Pradesh Yogadhyayana Parishad Act, 1987.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the Government may,
by notification, appoint.
 2. Definitions- In this Act unless the context otherwise requires:-
(a) "Centre" means a study Centre established by the
Parishad;
(b) "Governing Council" means the Governing council
constituted under section 6;
(c) "Government" means the State Government;
(d) "notification" means a notification published in the
Andhra Pradesh Gazette and the word "notified" shall be
construed accordingly;
(e) "Parishad" means the Andhra Pradesh Yogadhyayana
Parishad established under section 3;
(f) "prescribed" means prescribed by rules made by the
Government under this Act.
CHAPTER-II
ESTABLISHMENT OF YOGADHYAYANA PARISHAD
3. Establishment and affiliation of Yogadhyayana Parishad - (1) There shall
be established by the Government by notification for the State of Andhra
Pradesh a Parishad by the name of "The Andhra Pradesh Yogadhyayana
Parishad".
(2) The headquarters of the Parishad shall be at Hyderabad.
(3) The Parishad shall be a body corporate having perpetual
succession and a common seal with power, subject to the
provisions of this Act and the rules made thereunder, to acquire,
hold and dispose of property and to enter into contracts and shall
by the said name sue and be sued.
(4) The Parishad established under sub-section (1) shall,
notwithstanding anything contained in the University of Health
Sciences Act, 1986, (Act 6 of 1986) be deemed to have been
affiliated to the University of Health Sciences.
4. Objects of the Parishad- The objects of the Parishad shall be -
(i) to provide for education and training in Yoga and
naturopathy;
(ii) to promote health by the prevention of diseases;
(iii) to provide effective cure and treatment of diseases by
the system of Yoga and naturopathy;
(iv) to undertake and promote research in Yoga and
naturopathy.
5. Powers and functions of the Parishad - The Parishad shall have the
following powers and functions, namely:-
(a) to release grants to the Nature Cure and Yoga institutions
from out of the funds received from the Government in that
behalf;
(b) to over see the functioning of the nature cure and Yoga
institutions referred to in clause (a);
(c) to grant permission with the approval of the Government
for the establishment of institutions imparting education and
training in Yoga and naturopathy;
(d) to formulate and maintain uniform curriculam and
system of examinations in respect of all teaching institutions
of Yoga and naturopathy;
(e) to provide for instructions and training in Yoga and
naturopathy and to make provision for research and for the
advancement and dissemination of knowledge therein;
(f) to provide instructions for such courses of study as it may
determine and issue certificates in respect thereof;
(g) to hold examinations in the manner prescribed;
(h) to prescribe conditions under which a certificate may be
with-held;
(i) to institute, maintain and administer Parishad colleges,
hospitals and institutes of research, libraries or other
institutions necessary to carry out the objects of the
Parishad;
(j) to co-operate with any University, authority or association
or any other public or private body within or outside India
with purposes and objects similar to those of the Parishad on
such terms and conditions as may, from time to time be
prescribed;
(k) to establish and maintain hostels for the students of the
Parishad;
(l) to fix fees and to demand and receive such fees as may be
prescribed;
(m) to undertake, publication of works of merit research
pertaining to Yoga and Naturopathy;
(n) to manage and control all immovable and movable
properties transferred to the Parishad at the commencement
of this Act or subsequent thereto;
(o) to do all such acts and things necessary or incidental to
the objects of the Parishad.
6. Governing Council - (1) There shall be a Governing Council for the Parishad
consisting of the following members, namely:-
(i) the Minister in-charge of Medical and Health who
shall be the Chairman;
(ii) the Vice-Chancellor of the University of Health
Sciences, who shall be the Vice-Chairman.
Members.
(iii) the Secretary to Government, Health, Medical and
Family Welfare Department;
(iv) the Secretary to Government, Finance and Planning
(Finance), Department;
(v) one eminent Neurophysician to be nominated by the
Government;
(vi) two exports well versed in the field of Yoga or
Naturopathy to be nominated by the Government.
(2) There shall be whole time Secretary to the Parishad appointed
by the Government who shall function under the administrative
control of the governing council:
Provided that until a whole-time Secretary is appointed
under this sub-section, the Director of Indian Medicine and
Homoeopathy shall perform the functions of Secretary.
7. Powers and functions of the Governing Council - (1) The governing
council shall be the principal policy formulating body of the Parishad and shall
have the following powers and functions, namely:-
(a) to make regulations for fulfilling the objects of the Act;
(b) to take decisions for mobilising and borrowing money for
carrying out the activities of the Parishad;
(c) to promote research and dissemination of knowledge in
Yoga and Naturopathy in collaboration with kindred
institutions;
(d) to consider and take such action as it deems fit on the
annual report, the annual accounts and the financial
estimates;
(e) to enter into an agreement with the Central or any State
Government or with a private management for assuming
management of any institution, dispensary or hospital and
for taking over its properties and liabilities or for any other
purposes of this Act;
(f) to decide and regulate all matters concerning the Parishad
in accordance with this Act, rules and the regulations;
(g) to appoint persons to the various posts in the institutions,
dispensaries and hospitals and to fix their emoluments,
define their duties and terms and conditions of service and
provide for filling up of vacancies;
(h) to hold, control and administer the properties of the
Parishad;
(i) to direct the form, custody and use of the comman seal of
the Parishad;
(j) to administer the funds placed at the disposal of the
Parishad for specific purposes;
(k) to accept on behalf of the Parishad endowments,
bequests, donations, grants and transfer of any moveable
and immoveable properties made to the Parishad;
(l) to raise on behalf of the Parishad loans, from the Central
or any other Government or the public or any other financial
institutions;
(m) to levy and collect such fees as may be prescribed for
various specific services rendered;
(n) to construct, establish and maintain institutions,
dispensaries and hospitals;
(o) to purchase, maintain and allocate quality equipment to
various institutions, dispensaries and hospitals;
(p) to provide the services of specialists at various hospitals;
(q) to exercise such other powers and perform such other
functions as may be conferred or enjoined upon it by the Act
or the rules;
(2) The governing council may, by an order in writing, delegate all
or any of its powers to the Secretary or to any other Officer of the
Parishad for the effective fulfilment of the objectives of the
Parishad.
8. Meetings of the Governing Council - (1) The governing council shall hold
ordinary meetings at such intervals as may be prescribed by regulations and a
meeting may be convened by the Chairman at any time for the transaction of
any urgent business.
(2) The number of members necessary to constitute a quorum at a
meeting and the procedure to be followed thereat shall be such as
may be prescribed by regulations.
9. Disaffiliation of certain Institutions from the concerned Universities -
Notwithstanding anything in Sri Venkateswara University Act, 1954, and the
Osmania University Act, 1959, Sri Venkateswara Institute of Yoga and Allied
Sciences, Tirupathi and the Gandhi Nature Cure College, Hyderabad shall, with
effect on and from a date to be notified be disaffiliated from the concerned
University.
10. Establishment of Study Centres - (1) It shall be competent for the
Parishad to establish as many Study Centres as it may consider necessary,
from time to time, in addition to those specified in this section to provide for
research, advancement and dissemmination of knowledge in Yoga and
Naturopathy.
(2) The Parishad shall with effect from a date to be notified
establish a Study Centre to be known as-
Sri Vemana Yogadhyayana Kendramu at Hyderabad comprising of,-
(i) the Gandhi Nature Cure College, Hyderabad.
(ii) the Nature Cure Hospital, Hyderabad.
(iii) Vemana Yoga Research Institute, Hyderabad.
(3) The Institution known as Sri Venkateswara Institute of Yoga
and Allied Sciences Tirupathi, existing on the date of
commencement of this Act shall become study Centre of the
Parishad to be known as "Sri Venkateswara Yogadhyayana
Kendramu, Tirupathi with effect from a date to be notified.
11. Vesting of certain institutions with the Parishad - (1) With effect from
such date as may be notified,-
(a) the institutions known as the Gandhi Nature Cure
College, Hyderabad, the Nature Cure Hospital Hyderabad
and Vemana Yoga Research Institute Secunderabad, shall
stand transferred to and vest in the Parishad and shall
function under the administrative control of the Parishad;
(b) all properties, assets and liabilities, rights and obligations
in relation to the said institutions and all obligations of the
Government in relation to them shall devolve upon the
Parishad;
(c) every officer or employee who, immediately before that
date was working in said institutions shall be deemed to be
the officer or employee of the Parishad;
Provided that,-
(i) the terms and conditions applicable to such officers
or employees consequent on their absorption in the
service of the Parishad shall not be less favourable than
those applicable to such officers and employees
immediately before such absorption as respects pay and
allowances, leave, pension, gratuity, provident fund and
age of superannuation;
(ii) the services rendered by any such officer or employee
in the aforesaid institutions prior to his absorption in
the parishad shall be deemed to be service under the
Parishad and he shall be entitled to count that service
for the purposes of increment, leave, pension, provident
fund and gratuity:
Provided further that if any officer or employee of
the institution aforesaid is unwilling to be absorbed into
the service of the Parishad he may opt to retire from the
service of such institution with effect from the date
notified under this section on such terminal benefits as
are available to him under the concerned institution.
(2) In addition to the staff transferred and absorbed to the Parishad
under sub-section (1), the Parishad may with the prior approval of
the Government appoint such other officers and employees on
such terms and conditions as may be prescribed from time to time.
12. Funds of the Parishad - (1) The Parishad shall have its own funds
consisting of:-
(a) grants from the State Government and Central
Government;
(b) all monies received by or on behalf of the Parishad under
the provisions of this Act or any other law for the time being
in force, or under any other contract;
(c) all proceeds of the disposals of the property by or on
behalf of the Parishad;
(d) all monies received by or on behalf of the Parishad from
public bodies, private bodies or private individuals by way of
grants, gifts or deposits;
(e) all interests and profits arising from any investment or
from any transaction in connection with any money
belonging to the Parishad.
(2) All monies belonging to the Parishad shall be deposited in such
banks or invested in such manner, as the governing council may
decide.
(3) The Parishad may spend such sums as it may deem fit for
performing its functions under this Act and such sums shall be
treated as expenditure payable out of the fund.
CHAPTER-III
MISCELLANEOUS
13. Annual financial statement - (1) The Parishad shall prepare an annual
financial statement on or before such date as may be prescribed of the
estimated capital and revenue receipts and expenditure for the ensuing year.
(2) The said statement shall include a statement of salaries and
allowances of members, officers and servants of the Parishad and
of such other particulars as may be prescribed.
(3) The Government shall, as soon as may be after receipt of the
said statement, cause it to be laid on the table of Legislative
Assembly of the State.
(4) The Parishad shall take into consideration any comments made
on the said statement in the Legislative Assembly of the State.
(5) The Parishad may at any time during the year in respect of
which a statement under sub-section (1) has been submitted,
submit to the Government a supplementary statement, and all
provisions of this section shall apply to such statement as they
apply to such statement under the said sub-section.
14. Subventions and loans to the Parishad - (1) The Government may, with
the approval of the Legislative Assembly of the State, from time to time make
subventions to the Parishad for the purpose of this Act on such terms and
conditions as the Government may determine.
(2) The Government may, from time to time advance loans to the
Parishad for purposes of this Act on such terms and conditions as
the Government may determine.
15. Powers of Parishad to borrow - (1) The Parishad may, from time time,
with the previous sanction of the Government and subject to the provisions of
this Act, and to such conditions as may be prescribed, barrow any sum
required for the purposes of this Act.
(2) The maximum amount which the Parishad may at any time
borrow under sub-section (1) shall be two lakhs rupees unless the
Government by notification fix higher maximum amount.
16. Accounts and Audit - (1) The Parishad shall cause proper accounts and
other records in relation thereto to be kept, including the proper systems of
internal check and prepare an annual statement of accounts, including the
income and expenditure account and the balance sheet in such form as may be
prescribed by regulations.
(2) The accounts of the Parishad shall be audited by such persons
as may be appointed by the Government and any expenditure
incurred in connection with such audit shall be payable by the
Parishad to the Government.
(3) The person so appointed and any other person authorised by
him in connection with the audit of the accounts of the Parishad
shall have the same rights, privileges and authority in connection
with such audit as the Comptroller and Auditor-General of India
has in connection with the audit of Government accounts and in
particular shall have the right to demand the production of books,
accounts, connected vouchers and other documents and papers,
and to inspect any of the offices of the Parishad.
(4) The account of the Parishad certified by the person so
appointed or any other person authorised by him in this behalf
together with the audit report thereon shall be forwarded annually
to the Government and the Government may issue such
instructions to the Parishad in respect thereof as they deem fit and
the Parishad shall comply with such instructions.
(5) The Government may cause the accounts of the Parishad
together with the audit report, thereon forwarded to them under
sub-section (4) to be laid annually before the Legislative Assembly
of the State.
17. Authentication of orders and other instruments of the Parishad - All
orders and decisions of the Parishad shall be authenticated by the signature of
the Secretary or any other officer authorised by the Secretary in this behalf and
all other instruments issued by the Parishad shall be authenticated by the
signature of such officer of the Parishad as may be authorised by the Parishad
in this behalf.
18. Inspection and control - The Government shall have the right to cause an
inspection to be made by such person or persons as they may direct of the
affairs and properties of the Parishad, its buildings, libraries and equipment
maintained by the Parishad and also to cause an enquiry to be made into any
matter connected with the functioning of the Parishad. The Government shall
in every case give notice to the Parishad of their intention to cause such
inspection or enquiry to be made and the parishad shall be entitled to be
represented thereat.
19. Power to make Regulation - The Parishad may, with the previous
approval of the Government, make regulations not inconsistent with this Act
and the Rules made thereunder to provide for all or any of the following
matters, namely:-
(a) the administration or the funds and other properties of
the Parishad and the maintenance of its accounts;
(b) the procedure to be followed at the meeting of the
governing council and the manner in which the council
shall conduct its meeting;
(c) the duties of officers and employees of the Parishad and
their salaries, allowances and other conditions of service;
(d) the procedure to be followed by the Parishad for inviting,
considering and accepting tenders; and
(e) any other matter arising out of the Parishad's functions
under this Act in respect of which it is necessary or
expedient to make regulations.
20. Power to make rules - (1) The Government may, by notification, make
rules for carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act, shall, immediately after it is
made, be laid before the Legislative Assembly of the State if it is in
session and if it is not in session in the session immediately
following for a total period of fourteen days which may be
comprised in one session or in two successive Sessions, and if,
before the expiration the Sessions in which it is so laid or the
Session immediately following, the Legislative Assembly agrees in
making any modification in the rule or in the annulment of the
rule, the rule, shall, from the date on which the modification or
annulment is notified, have effect only in such modified form or
shall stand annulled as the case may be, so, however, that any
such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.

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