The Arunachal Pradesh Indian Medicine Council Act,2013.

Short title,
extent and
@mmence'
ment.
371
The Arunachal Ptadesh tndian Medicino Council
Act,2013.
(Act No, 1 of 2014)
(Received the assent of the Governor on 18th February
2014And Published in the Arunachal Pradesh E.O.
Gazette No. 21,VoFXVlll, dated 21st February 2011)
An
Act
to provide for the constitution of Arunachal Pradesh
lndian liedicine Council and for the registration of medi-
cal practitioners in lndian System of Medicine in the state
of Alunachal Pradesh and the maintenance ofArunachal
Pradesh State Register of lndian Medicine and for matters
connected therewith.
BE it enacted by the LegislatjveArsembly ofAtunachal
Pradesh in the Sixty-fourth year of the Republic of lndia as
follows :
CHAPTER-1
PREI.I INARY
1. (1) ThisAct may be called theArunachal Pradesh $ate
lndian Medicine CouncilAct, 2013.
(2) lt extends to the whole of State of Arunachal
Pradesh.
(3) lt shall come into force on such date, as the State
Government may by notification, in the Official
' Gazette, appoint.
2. (1) ln thisAct, unless the context otherwise requires,-
(a) "Bo.rd" means "a Board' constituted by the
Council under this Act or as may be prescribed
by rules from tirne to time ,
Definition
372
(b) "College" means an lndian Medicine Medical
College established by law and affiliated to any
University and recognazed by Central Council
of lndian Medicine ,
(c) "Expert" means an expert person in the field of
lndian Medicine appointed byhe sate Council ,
(d) "Cio/emment' means he Go/emment ofArunachal
Pradesh ;
(e) lndian Medicine means the system of lndian
Medicine commonly known as ASTHANGA,
AYURVEDA SIODHA, and UNANI TIBB
whether by supplemented or not by such modem
advances as Central Council may declare by
notrfication from time to time ,
(0 "Member'means a member of the State
Counci I ,
(g) "Practitionef 'means a person who practices
hdian medicineand is enrdbd in gde Regisler;
(h) "Prescribed" means prescribed by regulatjons or
rules;
(i) "President' m€ans a President of the State
Council ,
0) "Recognized Medical Qualification" means any
of the Medical qualification in lndian Medicine
included in the Section Third and Fourth
Schedule of lndian Medicine Gentral Council
4c1,1970 ;
(k) "Registed'means the register maintained bythe
Councilof lndian Medicine, Arunachal Pradesh
under the provisions of this Act, in respect of
practitioners ;
(l) 'Registrar" means lhe Registrar of the State
Council appointed under section 5 of this Act ,
First State
Council
373
(m) "Regulation" means the regulations made under
this Act ;
(n) "Rules" means rules made under section l5 of
this Act ;
(o) 'Slate" means State ofArunachal Pradesh ;
(p) 'State Council" means the Councrl of lndian
Medicine, Arunachal Pradesh constituted under
section 3;
(q) "University" means any University in lndia
established by law.
CHAPTER -II
FIRST STATE COUNCIL
3. (1) The Govemment shall, by notiFrcation in the Official
Gazette, constitute the First State Council
consisting of the following members, namely,-
(a) The Sfate Government shall nominate for the
lirst three years, a seniormostAPsTAyurvedic
Medical Officer of Arunachal Pradesh Health
Services as Secretary ;
(b) The Director ot Health Services, Government
of Arunachal Pradesh shall be the President
and DDDHS (AYUSH) nominated by the
Govemment shall be the Vrc€- President of
the first St€te Council :
(c) One nominee of Government of lndia, Ministry
. of Health and Family Welfare, possessang
recognized required Medical qualification and
having at least twenty years professional
experience as Member ;
(d) The term of ttle first State Council shall be for
three years from the date of notification;
374
(e) The President shall inform the State
Government six months before the expiry of
the term of the first Counci! to enable the
Govemmentto consttute the next State Council
in accordance with the provisions undersection
4.
4. (1) Before the expiry of three years of constitution of
first nominated State Council, the Slate Govemment
shall by notification in the Official Gazette,
reconstitute for the purposes of this Act a State
Councilwith the following members :-
(a) Such number of members not exceeding two,
who possess recognized medical qualification
and are enrolled on Sate Registe( to be elected
from among themselves by persons enrolled
on State Register.
(b) One person possessing recognized medical
qualification and enrolled on State Regis-
ter shall be nominated by State Government.
(c) The DDHS (AYUSH)or lnchargeAyush of the
Slate Govemment shall be the fourth member
(d) The Director of Health Services of State
Government shall be the fifth member.
(2) The President of the reconstituted SEte Council
be one among the five members elected
or nominated undersub- section (4) ofthis section
as may be determined by the State Government.
(3) Members of the reconstituted State Council shall
elect the Vice-President amongst them-selves in
such manner as may be prescribed.
(4) The term of the President, Vice-President and
members of the State Council either by election
or nomination shall be five years from the date of
notification in the Official Gazette or until
successors names shall have been duly elected
or nominated whichever is latter
Consititution
of Regular
state Council
Salaries and
allowances.
375
(5) No person shall at the same time serve as a
member in more than one capacity.
(6) The outgoing membershallbe eligiblefor re-election
or for re- nomination, but a person who holds, or
who has held office as President or Vice-
President of State Council, shall be eligible for re-
nomination/re- election as the case may be, to,
that office, but only once.
(7) Unless othen ise prescribed, 50% of the total
number ofthe State Councilshallform a quorum
and all the acts of the State Council shall be
decided by majority of the members present and
voting.
(8) A casual vacancy, previous to the expiry of the
term in the State Council due to the death,
resignation of any member shall be filted by the
way of nomination or eiection by the State
Government for remaining term accordingly as
may be prescribed.
(9) The State Council shall meet at least once in
three months of every year at its office at such
time.as may be appointed by the Council.
(10) The office of the State Council shall be situated
at ltanagar or at a place in Arunachal Pradesh
notified by the State Government.
5. (1) A Registrar who shall act as a Secretary of
Council and such other person as deemed neces-
sary shallbe appointed by the State Council, The
salary, pay and other allowances and other
service conditions of the Registrar and other
employees of the State Council shall be such
as may be prescribed by the State Councilwith
the previous approvalof State Government.
(2) The State Council shall fix the remuneration and
allowances to be paid to its President, Vice-
President and members with the previous sanction
of State Govemment.
376
6. The State Council shallreceive 100% financialgrant
from the State Government to meet its expenses
on pay and allowances and other service
benefits of its Registrar and other employees
and also for meeting the accommodation ,
Stationary, Equip-ment, travelling / dearness
allowance and other allowances, expenses, and
the State Council's account shall be audited
annually through the Sitate Government authorities
or a Chartered Accountant.
7. No act, proceeding or the State Council of any
committee thereof shall be called in question on
thd ground merely of the existence of any vacancy,
or any defect in the Constitution of the State Council.
8. (1) Subject to the other provisions of this Act and
subject to orders of the Slate Council, it shall be
. the duty of Registrar to keep and maintain the State
Register
(2) Every person who holds any of the medrcal
,. qualifications included in the schedule to the
lndian Medicine CouncilAct,1970, may apply to
, . the Registrar giving a correct description of his/
'.,her qualification with the dates on which they are
granted, and present his/her degree, diploma or
license along with such fee as may be
prescribed for being registered under this Ac1. The
Registrar shall, if satisfied that the applicant is
entitled to be registered, enter his/her name in
the Register.
(a) The Register shall be kept in such form as
may be prescribed by the $ate Council and
in such other manner as may be prescribed.
It shall contain the name, address and quali-
fications of every rerilistered practitioner
togetherwith the dates on which such qualm-
cation were acquired.
Fund for
Council.
State
Register
Functioning
of the State
Council.
Rights of
Practitioner.
377
(b) The State Register shall contain the names
of persons possessing recognized medical
qualificatjons.
(c) The Registrar shall send three printed
copies ofthe State Register to the Cenfal
Council after the first day of April of every
calendar yeai and also inform the Central
Council without any delay of all additions
together with all other amendments, in the
State Register made from time to time.
(d) The State Councilshall adopt the standards
of professional conduct for the
implemen{ation in the State.
(e) Any practitioner who commits professional
misconducl shall be punished by the State
Council in a manner as may be prescribed.
9. (1) The State Council shall consider all applications
as may be received bythe Registrar from persons
holding medical qualifications for Registrations
with State Council in the manner as may be
prescribed.
(2) The Registrar of State Council, shall award
provisional registration to lhe students of either
the Government or Private Medical Colleges in
the Srtate for undertaking clmpulsory intemship
training after passing final examination in the
manneras may be prescribed.
10. (1) No person, other than a practitioner of lndian
medicine who possesses a recognized medical
qualification is enrolled on the Sate Register :
(a) shall hold office as lndbn Medicine Physbian
in Govemment or in any instituton maintained
by local or other authority for treating the
patients in lndian Medicine orbradministrat on
purposes.
11
12.
14. (1)
378
(b) shall be entitled to sign or authenticate
medical or fltness certificate or any other
certificate required by any law to be signed
or authenticated by a duly qualified medical
practitioner.
(c) shall practice lndian Medicine in the State.
(d) shall be entitled to give any evidence at any
request or in any court of law as an expert under
section 45 ot the lndian EvidenceAct, 1872 on
any maf€r relating to lndian Medicine.
(1) The Sate Council shallfumish such reports, copies
of its minutes, abstracts and informations to the
Sate Government as the Government may require.
(2) The SaE Govemmentmay publish in such manner
as it may deem flt, any report and copy, abslract
or other information furnished to it under this
section.
Forthe purpose ofadvising the Council on questions
of law arising, the State Council shall appoint any
advocate for the purpose with the approval of the
Govemment.
No suit, prosecution or other proceeding shall lie
against the State Government, the State, and the
State Council or any officer or servant ofthe State
Govemment or of the S:tate Council for anything
which is in good faith done or intended to be done
under this Act.
Whenever it appears to the State Government
that the Srtate Council is not complying with any
ot the provisions of thisAct; the State Govemment
may appoint a Commission df enquiry consisting
of three persons, two ofwhom may be appointed
by the State Government andoutof the sald two,
one being first class Magistrate serving in the State
and the third one by the State Council, and shall
submit to the State Government of the flndings of
enquiry
Furnishing
information to
state
Govemment.
LawAdvisorto
state Counil.
Barof Certain
Suits.
Commissioner
of Enquiry.
Power to
make Rules
379
(2) The State Government on the basis of report of
such Commission shalldirect the Slate Council
to take suitable actions or remedial steps as
may be deemed neessary.
CHAPTERJIl
POWERS TO MAKE RULES
15. The Stiate Council may with the previous sanction
of the State Government make rules by notification
in the Official Gazette to carry out the purposes of
thisAct; and without prejudice to the generality of this
power such rules may provide for all or any of the
following matters :-
(a) Election of the Vice-President of the State
Council ;
(b) Management of th€ property of the S'tate Council
and the maintenance and audit of its account ,
(c) Powers and duties of the President and Vice-
President.
(d) Resignation of members of State Council ;
(e) SummonirE and holding of the rneetirEs of the Stde
Council ;
(0 For the conduct of business of State Council ;
(g) The tenure of office and the powers and duiies of
the Regisfar and other officers of the $ate councal i
(h) The particulars to be sEted and the proof of the
qualiflcations and the format of applications for' registration under thisAct ;
(i) The fees to be paid on applications lor registration
of provisional regulatrons and ;
(j) Any other matter for carrying out the provisions of
this Act.
380
16. Every rule made underthis section shallbe laid as soon
as may be after it is made, before the State Legislative
Assembly while it is in session.
17. The State Councilas and when necessary, shallinvite
an expert in the field for seeking necessary guidance
and suchan expert shall be paid remuneralion, traveling
and dearness allowances by the State Council.
18. (1) A society ora Trust lawfully registered underthe
relevant laws of the S-tate Govemment or the Central
Govemment may establish Indian Medicine Medical
Colleges and lnstitutes that conduct Teaching and
Research works duly recognized by the Central
Council after obtaining previous permission from
the State Government.
Establshment
d
Govemment
and private
lSM, Medical
colleges and
lnstitutions.
(2)
(3)
19. (1)
(2)
The Colleges so established shall be affiliated to
such Universities as may be recognized by the
University Grants Commission and the State
Govemment.
The Stiate Government may, in the similar manner
mentioned in sub-section (1) and (2) establish
lndian Medicine Medical colleges.
lf any difficulty arises in giving effect to the
provisions of thisAct, the State Government may,
by order, not inconsistent with the provisions of thrs
Act, remove such difficulty ;
However, order made underthis section shall
be laid, as soon as may be, after it is made
before the State LegislativeAssembly.

‹ Prev All Arunachal Pradesh acts Next ›