LexThe ASSAM YOGA COUNCIL ACT, 2018 (SINGLE DOCUMENT)
Assam · state statute
Open in Lexace · Ask the AI about this actASSAM ACT NO. VII OF 2018
(Received the assent of the Governor on 31st March, 2018)
THE ASSAM YOGA COUNCIL ACT, 2018
AN
ACT
Preamble
to provide for the development of the Yoga and to regulate the teaching and
practice thereof in the State of Assam and the matters connected therewith or
incidental thereto .
Whereas, it is expedient, in the public interest, to provide for the
development of the Yoga Council and to regulate the teaching and practice
thereof and to deal with certain other matters connected therewith or
incidental thereto; It is hereby enacted in the Sixty-ninth year of the
Republic of India, by the legislature of Assam, as follows :-
Short title,
extent and
commencement
1. (1) This Act may be called the Assam YOGA COUNCIL ACT, 2018.
(2) It extends to whole of Assam.
(3) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.
Definitions 2. In this Act, unless the context otherwise requires,-
(a) "Accreditation" means the recognition granted to educational
institutions and hospitals to signify the attainment of an acceptable
level of professional expertise, academic quality and integrity;
(b) "Competent Authority" means the Assam Yoga Council, which
shall grant registration and accreditation under this Act and the
rules made hereunder and shall have the authority to conduct
inspections and evaluation visits for the purpose;
(c) "Council" means the Assam Yoga Council constituted under
section 3;
(d) "Hospital" means a Yoga and Naturopathy Hospital with minimum
of ten in-patient beds and an out-patient department;
(e) "Institution" means ,-
(i) Medical college conducting the Bachelor of Naturopathy
and Yogic Sciences (BNYS) Course and Post-graduate
Courses;
(ii) Yoga based treatment institution; and
(iii) Research institute on yoga;
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(iv) Universities conducting Bachelor degree, Master degree and
Research in Yogic science and Naturopathy.
(f) "Member" means a member of the Council;
(g) "Practitioner" means a person who practices Yoga as his principal
occupation;
(h) "Prescribed" means prescribed by rules made under this Act;
(i) "President" means the President of the Council;
(j) "Register" means the Register of Yoga practitioners maintained
under this Act;
(k) Registered Yoga Practitioner" means a Yoga Practitioner
registered under the provisions of this Act and the rules made
there under;
(l) "Registrar" means the Registrar of the Council and shall be
deemed to be the Registrar for all purposes of this Act;
(m) "Registration" means the registration of Yoga Practitioners under
this Act;
(n) "Regulations" means the regulations made by the Council under
this Act;
(o) "Rules" means the rules made by the State Government under this
Act;
(p) "Teacher" means any person appointed to hold a teaching post by
a Yoga institution affiliated to, or recognized by the Council;
(q) "Vice-President" means the Vice-President of the Council;
(r) "Yoga" means a set of physical, mental and spiritual practices for
holistic enhancement of health, generally based on the principles
as prescribed in Yoga Sutra by Patanjali.
Constitution of
the Council
3. As soon as may be after the commencement of this Act, the State
Government shall, by notification in the Official Gazette, establish a body
corporate with perpetual succession and a common seal named the Assam
Yoga Council. The Council shall be entitled, to acquire and hold movable
and immovable property, to transfer such property, to enter into contract and
to do all things necessary for the purposes of this Act and shall by its name
sue and be sued.
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Composition of
the Council
4.
(1) The Council shall consist of the following members:
(a) A President nominated by the State Government;
(b) A Vice-President nominated by the State Government;
(c) Three members nominated by the State Government of whom two
shall be registered Yoga Practitioners;
(d) One member nominated by the Vice-Chancellor of the Srimanta
Sankaradeva University of Health Sciences, Assam;
(e) The Principal of the State Yoga College, ex-officio , when such
college is established;
(f) The head of the Yoga Research Institute ex-officio , when such
Institute is established
(Provided that until the institutions referred to in clauses (e) and (f)
are established, the Principals or head of existing similar institutions
or other suitable persons may be nominated by the State
Government;)
(g) Three members who are citizens of India, elected from such
constituencies and in such manner as may be prescribed, by the
registered Yoga Practitioners from among themselves.
(2) Notwithstanding anything contained in this Act, on the first constitution
of the Council after its establishment, all the members of the Council
shall be nominated by the State Government and the State Government
shall also nominate the President and the Vice-President.
Power of State
Government to
nominate
members in
certain
circumstances
5.
If the nominating authority referred to in clause (d) of sub-section (1) of
section 4, or the electoral body referred to in clause (g) of the said sub-
section, fails by the prescribed date, to nominate or elect the requisite number
of member or members which such authority or body is entitled to nominate
or elect, the State Government shall fill up the office of such member or
members by nomination of a person or persons qualified to be nominated or
elected by such authority or body. Any person so nominated by the State
Government shall be deemed to have been duly nominated or elected as a
member by such authority or body.
Disqualification
for nomination
or election
6.
A person shall be disqualified for being nominated or elected as a member of
the Council, if:
(a) He has been convicted of any offence involving moral turpitude;
(b) He is an un-discharged insolvent;
(c) He has been adjudged by a competent court to be of unsound mind;
(d) He is an employee of the Council;
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(e) He has directly or indirectly any share or interest in any contract
with, by or on behalf of the Council;
(f) He has been dismissed from the service of the Central Government
or a State Government or a local authority on a charge of gross
misconduct for an offence involving moral turpitude;
(g) He is a person under the age of 25 years.
Publication of
names of
members
7.
The name of every member nominated or elected under section 4 or section 5
shall be published by the State Government in the Official Gazette.
Cessation of
membership
8. A person shall cease to be a member of the Council,-
(a) If, without obtaining the permission of the Council, he is absent from
three consecutive meetings of the Council; or
(b) If, having been nominated or elected as a registered Yoga
practitioner, he ceases to be such a registered practitioner; or
(c) If he becomes subject to any of the disqualifications referred to in
section 6.
Filling of casual
vacancies
9.
(1) If any member dies or resigns his office or ceases to be a member for
any other reason, the vacancy shall be filled up within six months by a
fresh nomination or election under section 4 or section 5, as the case
may be, and the member so nominated or elected shall hold office for
the unexpired period of the term of office of the member whose place he
fills.
(2) If any member referred to in clauses (b) to (f) of sub-section (1) of
section 4 is nominated as President or Vice-President, as the case may
be, there shall be a vacancy in that membership which shall be filled up
under sub-section (1) of this section.
Term of office
of Members
10. (1) Subject to the provisions of section 9, the term of office of the members
nominated or elected under section 4 or section 5 shall be for five years
commencing from the date of the first meeting of the Council after its
first constitution or any subsequent periodical reconstitution, as the case
may be.
(2) The term of five years referred to in sub-section (1) shall be held to
include any period which may elapse between the expiry of the said
period of five years and the date of the first meeting of the Council
following its reconstitution at which a quorum is present.
Resignation 11. The President, the Vice-President or a member may resign his office by
writing under his hand addressed to the State Government, of which he shall
send a copy to the Council.
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The President 12.
(1) The President shall hold office for the period mentioned in section 10 or
until his successor is nominated, whichever is later.
(2) If the President dies or resigns his office or ceases to hold office, the
State Government shall nominate another person as President and such
President shall hold office for the unexpired period of the term of office
of the former President in whose place he is so nominated.
(3) In the event of occurrence of any vacancy in the office of the President
under sub-section (2), the Vice-President shall discharge the functions
of the President until a new President is nominated.
(4) When the President is unable to discharge the duties of his office owing
to absence, illness or any other cause, the Vice-President shall discharge
the functions of the President until the date on which the President
resumes his duties.
The Vice
President
13.
(1) The Vice-President shall hold office for the period mentioned in section
10.
(2) If the Vice-President dies or resigns his office or ceases to hold office,
the State Government shall nominate another Vice-President in such
manner as may be prescribed, and such Vice- President shall hold office
for the unexpired period of the term of office of the former Vice-
President whose office he fills.
Executive
Committee
14.
(1) The members of the Council shall constitute from amongst themselves
an Executive Committee to perform such functions, discharge such
duties and exercise such powers as may be delegated to it by the
Council.
(2) The Executive Committee shall consist of the President, the Vice-
President, and five other members elected by the members of the
Council in the prescribed manner from among themselves.
(3) The President and the Vice-President of the council shall be the
President and the Vice-President, respectively, of the Executive
Committee.
(4) The term of office of an elected member of the Executive Committee
shall be two years from the date of his election, but, subject to his being
a member of the Council, and he shall also be eligible for re-election to
the Executive Committee.
(5) No business shall be transacted at any meeting of the Executive
committee unless a quorum of three members is present.
(6) The Council may, subject to the approval of the State Government,
appoint one or more committees consisting of members of the
Councilor outsiders or both, on such terms as may be approved by the
State Government, for the purpose of advising it on such matters as it
deems necessary, and may appoint, for any such committee, a convener
who shall convene the meeting of the said committee and one of the
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members of the committee shall preside over the meetings of such
committee.
(7) The Council may make regulations for conduct of the business of the
Executive Committee and also of the other committee appointed by it.
Meetings
15.
(1) The Council shall hold its meetings at such intervals and at such places
as may be provided by regulations.
(2) No business shall be transacted at any meeting of the Council unless a
quorum of five members is present.
(3) Save as provided in sub-section (2) of section 23, all questions arising at
any meeting shall be decided by votes of the majority of the members
present and voting, and, in the case of an equality of votes, by the
casting vote of the President or, in his absence of the Vice-President and
in case both are absent, of the member presiding at the meeting.
Expenses to be
paid to
members and
others persons
16. The Council shall pay to its President, Vice -President and members and
other persons appointed by it to any committee referred to in section 14, such
expenses for attending meetings of the Council, Executive Committee of the
Council and of such committee, including such travelling expenses for
journeys undertaken in performance of the duties as may be prescribed.
Powers of
Council
17. The Council shall have the following powers:-
(1) To grant affiliation and accreditation to institutions teaching the Yoga
Council or to withdraw such affiliation and accreditation after giving
the authorities of institution an opportunity to show cause against the
action proposed to be taken, and to call on the authority of any such
institution or of an institution applying for affiliation and accreditation
to furnish within such period as may be specified, such reports, returns
or other information as the Council may require to judge the efficiency
of the institution:
Provided that such affiliation and accreditation will be granted or
withdrawn by the Council with the consent of the State Government;
(2) To establish standard and accredited Yoga Institution for development
and expansion of this system of medicine throughout the State;
(3) To confer registration on the institutionally qualified professional
practitioners under this Act;
(4) To confer registration to other Yoga Practitioners fulfilling the terms
and conditions as laid down in this Act;
(5) To provide by regulations, courses of study for different classes of
registrations of Yoga Practitioners;
(6) To exercise general supervision over the residential and disciplinary
arrangements made by the institutions affiliated and accredited with
the Council and arrangements for promoting the health and general
welfare of the students of such institutions;
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(7) To acknowledge the University about the grant of affiliation to all
institution and hospital, teaching students and treating patients under
the Yoga Council or the withdrawal or suspension of affiliation and
accreditation of such an institution;
(8) To appoint, on such terms as the Council may, with the previous
sanction of the State Government, determine, such number of
inspectors for the inspection of institutions teaching the Yoga Council
as the Council may deem fit;
(9) To advise the State Government and the University in the matter of
research in Yoga Council;
(10) To confer honorary degree on Yoga Practitioners of extraordinary
merit;
(11) To receive grants, donations, gifts and endowments;
(12) To frame and implement a coordinated scheme of public health of the
State, based on the Yoga Council, with or without the addition of
modern technique;
(13) To incur such expenditure, to adopt such measures and to do such acts
as may be necessary for the furtherance of the objectives mentioned in
this section;
(14) To perform such other functions as the State Government may direct
or the Council may decide for carrying out the provisions of this Act.
Registrar and
staff
18.
(1) The Council shall, with the previous approval of the State
Government, normally appoint a Registrar. The Registrar shall receive
such salary and allowances as may be prescribed. The Council may
grant him leave and may appoint a person to act in his place. Any
person duly appointed to act as Registrar shall be deemed to be the
Registrar for all purposes of this Act.
(2) The Council shall have power to suspend, punish, remove or dismiss
the Registrar from office on such grounds as may be prescribed and
subject to compliance of the natural justice:
Provided that any such order of the Council shall be subject to
appeal to the State Government.
(3) In case of any dispute or any exigency, the State Government may
appoint a Registrar of the Council, who shall be treated by the Council
as the Registrar for all purposes of this Act.
(4) The Council may appoint the officers and staff of the Council as per
organizational structure of the Council approved by State
Government. With prior approval of Finance (SIU) Department
through the administrative department. The salaries and allowances of
the officers and staff of the Council shall be as determined by the State
Government.
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(5) The Registrar shall be the Secretary of the Council and of its
Executive Committee and other committees.
(6) The Registrar, either appointed by the Council or by the State
Government, all officers and staff appointed by the Council shall work
under the direct control and supervision of the President, or in his
absence, of the Vice-President.
Register of
registered
Yoga
Practitioners
19.
(1) The Council shall maintain a register of Yoga Practitioners in such
from as may be prescribed.
(2) The Registrar shall from time to time make necessary entries in the
register in respect of the persons whose names are to be registered,
their qualifications and their addresses and may also make such
alterations or modifications therein as may be required in consequence
of any order passed by the Council.
(3) The Council Shall take appropriate actions on all adverse audit
observations made by the AG (Audit) and shall submit annual report
to Govt. on the action taken on such audit observations . Council shall
also manage its financial affairs with highest level of financial
propriety.
Persons
entitled to be
registered
20.
(1) Every person who possesses a 5 years or 5½ years Degree in
Naturopathy and Yogic Sciences (BNYS) or Master Degree in Yoga
and Naturopathy from any University set up by a statute shall,
subject to the provisions of this Act and on payment of such fee as
may be prescribed, be entitled to have his name entered in the register
for Class' A' registration.
(2) Every institutionally qualified professional practitioner possessing a
Bachelor degree in Yogic Sciences (BYSc.) in Yoga or Post
Graduate Diploma in yogic Science (PGDYSc.) awarded by any
Government or Government recognized institution, subject to the
provisions of this Act and on payment of such fee as may be
prescribed, be entitled to have his name entered in the register for
Class 'A' registration .
(3) In exceptional cases, Class 'A' registration may also be given as a
onetime measure to self-educated Yoga Practitioners who are Post-
graduates in any subject and who have at least 25 years of working
experience in a reputed and established Yoga Hospital or College and
who are not less than 45 years of age, on payment of prescribed fee
and subject to the provisions of this Act.
(4) In recognition of the fact that there is a significant number of self-
educated Yoga Practitioners, "Class B" registration may also be
given as a onetime measure to self-educated full time Yoga
Practitioners who are not institutionally qualified, and are not less than
35 years of age and who have a minimum of 15 years of full time
proven clinical experience and who have passed Class XII or 10 + 2
from a State Board, the Central Board of Secondary Education or the
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Council for the Indian School Certificate Examinations subject to the
provisions of this Act and on payment of prescribed fee.
(5) Every person who has been registered under any Statutory State
Council or Board of Yoga and Naturopathy shall, subject to the
provisions of this Act and on payment of prescribed fee, be granted
registration in the same category as granted to him by that State
Council or Board.
(6) Notwithstanding anything contained in sub-sections (3) and (4), every
person who, within a period of two years from the date of
commencement of this Act, produces proof that he has been in regular
practice for the prescribed period preceding such date and has attained
the minimum age-limit on the date of application for registration, shall
be entitled to have his name entered in the register on payment of
prescribed fee.
(7) The registrations under this section shall be done in accordance with
the provisions of this Act and the rules framed there under and on
payment of prescribed fee in every case.
Accreditation
of Institutions
21. (1) The institutions including educational institution and hospitals of
Yoga shall be granted accreditation to signify the attainment of
acceptable level of professional expertise, academic quality and
integrity.
(2) The objectives of the accreditation of institutions are:-
(i) To ensure that Yoga institutions offer safe, reliable and quality
medical and health care;
(ii) To ensure that institutions offering Yoga related Education are
of acceptable academic quality relevant to the health care
requirements of the country.
(3) Institutions desirous of being accredited should apply to the competent
authority in the pro forma prescribed with an application fees as per
norms of this Act and rules made there under.
(4) The competent authority will grant accreditation after conducting
inspections and evaluation visits of the institution on the basis of this
Act and rules made there under and on payment of prescribed fee.
Information of
applicant
required for
registration
22. (1) Every person who desires to have his name registered in the
register shall submit to the Registrar an application in the
prescribed form stating:-
(i) Particulars of his qualification;
(ii) The period for which he has been in practice;
(iii) His date of birth to verify the attainment at minimum age-
limit; and
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(iv) His address which is to be his registered address.
(2) Every application under sub-section (1) shall be accompanied
with the prescribed fee; such proof as may be necessary in
support of the qualification stated in the application and proof of
age wherever the minimum age-limit is prescribed.
Power of the
Council to
refuse
registration or
to remove
name from
register in
certain cases
23.
(1) The Council may, on being satisfied that a person possesses requisite
qualification, has paid the prescribed fee and has attained the minimum
age-limit prescribed wherever necessary, direct the registration of his
name and the Registrar shall thereupon make necessary entries in the
register and grant him a certificate of registration.
(2) The Council may refuse to permit the registration of, or direct the
removal from the register, the name of any person on the following
grounds:-
(a) Who has been convicted of any offence involving moral
turpitude; or,
(b) Who has been convicted in any cognizable criminal offence;
or,
(c) Who has been after due enquiry by the Council found guilty of
any 'misconduct' by a majority of at least two-thirds of the
members of the Council:
Provided that the Council may direct the name of the
Practitioner.
(i) To be removed from the register for such period as may be
specified in the direction, or
(ii) To be removed from the register without specifying the
period of such removal.
Renewal 24. (1) Every person whose name is entered in the register shall, for the
retention of his name in the register, pay to the Council for every 5
years such renewal fee and at such time as may be prescribed.
(2) Where the renewal fee is not paid by the due date, the Registrar shall
remove the name of the defaulter from register.
(3) On payment of the renewal fee, the Registrar shall, in the prescribed
manner, endorse the certificate of registration.
Entry of
additional
qualification
25.
If any person whose name is entered in the register obtains any qualification
mentioned in the Schedule appended to this Act other than the qualification
in respect of which he has been registered, he shall, on payment of such fee
as may be prescribed, be entitled to have such qualification entered against
his name in the register either in substitution for or in addition to any entry
previously made and the Registrar shall add to or amend the entry
accordingly.
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Appeal to the
Council
against
decision of the
Registrar
26.
If any person is dissatisfied with any decision of the Registrar refusing to
enter his qualification under section 25 in the register, he may, at any time,
within ninety days from the date of such decision, appeal to the Council in
the prescribed manner and decision of the Council shall be final.
Cancellation
of fraudulent
and incorrect
entries
27.
Any entry in the register, which is proved to the satisfaction of the Council
to have been fraudulently or incorrectly made, may be cancelled under an
order in writing of the Council.
Appeal to the
State
Government
against the
decision of the
Council
28.
An appeal shall lie to the State Government against any order of the Council
refusing to enter the name of a person in the register or removing his name
from the register, if filed within ninety days of the date of order, and the
decision of the State Government thereon shall be final:
Provided that the State Government shall dispose of the appeal within a
period of six months from the date of filing it.
Notice of death
and removal of
name from
register
29.
The Council may, on receipt of reliable information regarding the death of a
person whose name is entered in the register, and on making such enquiry as
it may think fit, direct the removal of his name from the register and
thereupon the Registrar shall cancel the entry relating to such person.
Penalty on
unregistered
person
representing
that he is
registered
30.
If any person, whose name is not entered in the register, falsely pretends that
it is so entered or uses, ill connection with his name, any words or letters
representing that his name is so entered, he shall, whether any person is
actually deceived by such representation or not, be punishable, on conviction
by a Metropolitan Magistrate or a Magistrate of the First Class having
jurisdiction, with imprisonment which may extend to six months or with fine
which may extend to three thousand rupees or both.
Penalty for
failure to
surrender
certificate of
registration
31.
(1) If any person, whose name has been removed from the register under
subsection (2) of section 23, fails, without sufficient cause, forthwith to
surrender his certificate of registration, he shall be punishable with fine
which may extend to three thousand rupees.
(2) No cognizance of an offence punishable under this section shall be
taken except upon complaint made by an order of the Council.
Prohibition of
unauthorized
conferment of
degree,
diploma, etc.
and penalty
for such
conferment
32.
(1) Except the Council, no person, association or institution, not recognized
by the Council, shall confer, grant or issue, or hold himself or itself or
shall be entitled to confer, grant or issue, any degree, diploma, license,
certificate or any other document stating or implying that the holder,
grantee or recipient thereof is qualified to practice the Yoga and
Naturopathy System of Medicine.
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(2) Any contravention of the provisions of sub-section (1) shall be
punishable with imprisonment which may extend to two years or with
fine which may extend to five thousand rupees or with both; and if any
association or institution is guilty of such contravention, every member
thereof, who knowingly or willfully authorizes or permits the
contravention, shall be punishable with imprisonment which may
extend to two years or with fine which may extend to five thousand
rupees or with both.
Penalty for
improper
assumption of
Yoga
qualifications
33.
(1) No person shall use any letters or figures after his name or implying that
he possesses any degree, diploma, license, or certificate as a Yoga
practitioner unless such degree, diploma, license or certificate has been
conferred by a recognized or affiliated institution of the Council, or is
recognized by it with the approval of the State Government.
(2) Whosoever contravenes the provisions of sub-section (1) shall be
punishable, on first conviction, with fine which may extend to one
thousand rupees, and on any subsequent conviction, with fine which
may extend to two thousand rupees.
Publication
and use of
registration
list
34.
(1) The Registrar shall, from time to time, as occasion may require, on or
before the date to be fixed in this behalf by the Council, cause to be
printed and published (provided that at least twelve months shall have
elapsed from the date of the last publication) a correct list of the names
for the time being entered in the register and setting forth therein-
(a) Names of all registered Yoga Practitioners arranged in
alphabetical order according to surname;
(b) The registered address of each such person;
(c) The registered qualifications of each such person and the date
on which each qualification was obtained; and
(d) The date of birth of each such person.
(2) The Registrar shall, from time to time, as occasion arises, cause to be
printed and published a list supplementary there to, containing additions
and alterations in the register since the publication of the list under sub-
section (1)
(3) Every court shall presume that any person whose name is entered in the
latest list printed and published under sub-section (1),read with the
latest list supplementary thereto, if any, printed and published under
sub-section (2) is duly registered under this Act, and that any person
whose name is not so entered is not registered under this Act:
Provided that in the case of any person whose name does not
appear in the latest list printed and published under sub-section (1) read
with the latest supplementary thereto, if any, printed and published
under sub-section (2), a certified copy of the entry of the name of such
person in the register, signed by the Registrar, shall be the evidence that
such a person is registered under this Act.
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Yoga
Practitioners,
other than
those
registered
under this Act,
not eligible for
certain
appointments
35.
Except with the special sanction of the State Government, no Yoga
practitioner, other than a registered Yoga practitioner whose name is entered
in the register, shall be competent to hold any appointment as a Medical
Officer or Teacher in any Yoga Institution, asylum, infirmary, dispensary set
up under any law for the time being in force or in any Yoga educational
institution which is recognized by the Council.
Control of
manufacture,
storage and
sale of Yoga
related
Instruments
36.
Subject to the provisions of any law for the time being in force relating to
instruments, the State Government shall have the power to regulate and
control manufacture, storage and sale of Yoga instruments and its modern
advances by the grant of licenses to manufactures, stockists and sellers on
such conditions as may be prescribed.
Bar of suit or
other legal
proceeding
37.
No suit, prosecution or other legal proceedings shall lie in respect of any act
or thing done or omitted to be done ,in the exercise or purported to be
exercised of any power conferred by or under this Act, on the State
Government or the Council or the Executive Committee or any committee
appointed by the Councilor on the Registrar.
Validation 38. No act or thing done by the Council, the Executive Committee or a
committee appointed by the Council shall be invalid merely on the ground of
any vacancy in or defect in the composition of, the Council, the Executive
Committee or such other committee.
Finance and
audit
39.
(1) All fees payable under this Act shall be paid to the Council.
(2) An account of all assets and liabilities of the Council and of all fees,
sums, grants, donations, gifts and endowments received by it and of all
expenses and disbursements incurred or made by it shall be maintained
in the prescribed manner.
(3) The account of the Council shall be entrusted to the AG (Audit), Assam
by the Health & FW Department and the Audit report shall be submitted
to the State Government and to the Council for further appropriate
actions.
Power to
amend
Schedule
40.
The State Government may, by notification published in the Official Gazette,
amend the Schedule appended to this Act.
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Power to make
rules
41.
(1) The State Government may, by notification published in the Official
Gazette, and with prior approval of Finance Department, make rules for
carrying out the purposes of the Act.
(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely,
(a) The election of members of the Council and members of the
Executive Committee;
(b) The functions to be performed by the President and the Vice-
President;
(c) The declaration of offences including moral turpitude and
misconduct;
(d) The fees payable under this Act;
(e) The expenses to be made under section 16;
(f) The salaries and allowances to be paid to the Registrar, the
officers and staff;
(g) The procedure for applying for different classes of
registrations and granting registrations thereof;
(h) The procedure for affiliation and accreditation to the Yoga
Colleges and Institutions;
(i) The course prescribed for Bachelor of Naturopathy and Yogic
Sciences Degree;
(j) The manner in which the account referred to in sub-section (2)
of section 39 shall be maintained;
(k) The procedure to be followed by the Council in:-
(i) Conducting an enquiry under clause (c) of sub-section (2)
of section 23;
(ii) Disposing of appeals from the decision of the Registrar
preferred under section 26;
(l) the procedure for disposal of appeal made to the State
Government under section 26;
(m) Any other matter which may be or is required to be,
prescribed under this Act.
15
(3) Every rule made under this section shall be laid, as soon as may be after
it is made, before the State legislature, while it is in session as may be
after it is made, before the State Legislature, while it is in session, for a
total period of fourteen days which may be comprised in one session or
in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions
aforesaid, the State Legislature agrees in making any modification in
the rule or the State Legislature agrees that the rule should not be made,
the rule shall thereafter have effect only in such modified form or be of
no effect, 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.
Power to make
regulations
42.
(1) The Council may, with the previous approval of the State Government,
by notification published in the Official Gazette , make regulations, not
inconsistent with the provisions of this Act and the rules made there
under for discharging its functions under this Act.
(2) In particular, and without prejudice to the generality of the foregoing
power, such regulations may provide for all or any of the following
matters:-
(a) The conduct of business of the Executive Committee and of
Committee appointed by the Council;
(b) The time and place at which each meeting of the Council or
Executive Committee shall be held;
(c) The issue of notices convening such meeting;
(d) The conduct of business thereat;
(e) Any matter for which power to make regulations is conferred
expressly or by implication on the Council by this Act.
Control on
Council by
State
Government
43. If, at any time, it appears to the State Government that the Council has failed
to exercise or abused a power conferred upon it by or under this Act or has
failed to perform a duty imposed upon it by this Act, the State Government
may, if it considers such failure excess or abuse to be of a serious character,
after giving the Council an opportunity of being heard, notify the particulars
thereof to the Council, and if the Council fails to remedy such failure, excess
or abuse within such time as may be fixed by the State Government in this
behalf, the State Government may dissolve the Council and cause all or any
of the powers and duties of the Council to be exercised and performed by
such other agency and for such period as it may think fit.
16
THE SCHEDULE (See section 25)
Qualifications enabling a person to have his name entered in the Register
PART A
Sl.
No.
Description of the Qualifications. Name of the managing body or authority
granting or conferring
1. BNYS(Bachelor of Naturopathy and
Yogic Science) 5 Years or 5+1 years
course
From any University set up by a statute in India.
2. MNYS (Master of Naturopathy and
Yogic Sciences)-3 years course the
qualifications and its location.
Awarded by any Government
Recognized University in India
3. Bachelor in Yoga Sciences (BYSc)
and Master degree in Yoga and
Naturopathy .
Awarded by any Government
Recognized university in India
PART B
Every person possessing any qualification not mentioned in Part A on the basis of which his name has
been registered in the Yoga Board or Council established by any State Government within the Indian
Union.
S. M. BUZAR BARUAH,
Commissioner & Secretary to the Government of Assam,
Legislative Department, Dispur, Guwahati-6