The Delhi Bhartiya Chikitsa Parishad Act, 1998

THE DELHI BHARATIYA CHIKITSA
PARISHAD ACT, 1998
(Delhi Act No.4 of 1999)
INo. F. 14/7 /98-99(L.A./84- The following Act of the Legislative Assembly
received the assent of the President on 4.3.1999 and is hereby published for general
information.
All Act 10 providejor the COflstituli011of a 81mraliyaC!likitsa Parishlld,fwd for tile
maintenanceof11 registerof BharatiyaClrikitStl(Indian Medicine)for tile
National Capital Territoryof Deilli alldfor matterscOll/lected therewith.
Be it enacted by the Legislative Assembly of the National Capital Territory of
Delhi in the Forly ninth year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, exlent and commencement- (1) This Act may be called the
Delhi Bharatiya Chikitsa Parishad Adhinium, 1998.
(2) It extends to the whole of the National Capital Territory of Delhi
(3) It shall come into force on such date as the Government may; by notification
in offi~ial Gazette, appoint.
2. Definitions- In this Act unless the context otherwise requires-
(a) "appointed day" means the date on which the provisions of this Act
other than sc<:tion 1 shall come into force under sub-sc<:tion (3) of
sc<:tion 1;
(b) "Bharatiya Chikitsa (Indian Medicine)" means Astang Ayurved
Siddha and Unani TIbb supplemented or not with modem advances
in modem scientific system of medicine in all its branches including
surgery and obstetrics;
(c) "Central Council" means the Central Council of Indian Medicine
constituted under sc<:tion 3 of the Indian Medicine Central Council
Act, 1970 {Central Act 48 of 1970};
(d) "Chairman" means the Chainnan of the Examining Body;
(e) "Delhi" means the National Capital Territory of Delhi;
(f) "Examining Body" means the Examining Body constituted under
sub-section (1) of sc<:tion 33;
(g) "Government" means the Lieutenant Governor as referred to m
clause (l) of article 239 AA of the Constitution;
(h) "integrated medicine" means conjoint, concurrent study, trammg
and practice in Ayurved/Siddha/Unani libb and Modern Scientific
System of Medicine in all its branche!; including surgery and obstetrics;
(i) "Lieutenant Governor" means the Lieutenant Governor of the
National Capital Territory of Delhi appointed by the President under
artide 239 of the Constitution;
0) "Parishad" means the Delhi Bhilriltiya Chlkitsa Parishad establi!;hed
and constituted under section 3;
(k) "practitioner" means a medical practitioner who practises the
Bharatiya Chikitsa Paddhati (Indian Systems of Medicine);
(I) "President" means the President of the Parish ad;
(m) "qualifying examiniltion for paramedical training" meilns an
examination conducted by the Examining Body for Pharlllilcists,
technicians and nursing care personnel courses in respect of I.Iharatiyil
Chikitsa;
(n) "register" means the register of practitioners lTIilintainedunder seellon
17;
(0) "regIstered practitioner" means a practitioner whose name is for the
time being entered in the register;
(p) "Registrar" means the Registrar appointed under secllon 16;
(q) "regulation" means a regulation made by the Pilrishad under section
38, by notification in the official Gazette:
(r) "rule" means a rule made by the Government undN section 37 by
notification in the official Gazette;
(s) "Secretary" means the Secretary of the Examining Body appointed
lU1der sub-section (9) of seciJon 33;
"(u) "section" meilns il section of this Act;
(v) "University" means any university in Indin estilblished by law or
any deemed university recognised by the Central Government and
having a faculty of lndian Medicine and includes a University in
India established by law in which instructions, teaching, lrilining or
research in Indian Medicine is provided;
(w) "Vice-President" means the Vice-President of the Pilrishild.
CHAPTER II
ESTABLISHMENT OF THE DELHI BHARATIYA CHIKITSA PARISHAD
3. Establishm('nt constitution and incorporation of the Parishad- (1) With
effect from such date as th(' Government mily; by notification in the official Gazelle
• "(I)" waS not menlioned in tile official Gazette.
notify, there shan be constituted for the purposes of thi~ Act a Parishad to be called
"The Delhi Bharaliya Chikitsa Parishad~.
(2) The Parishad shall be a body corporate having perpetual succession and
a commun seaL with power to <lequire, hold and dispose of property, whether
movable or immovable, and to contract and to do all things nL..:essary for the
purposes of this Act, and may by the n<lme afores,'id sue or be sued.
(3) The Parishad shall consist of twenty ol,e members residinG in Delhi and
registered with the Pilrishad. Of these there ,.hall be eleven nominated members
and ten elected members comprising the following, namely-
(a) (i) the Director, Indian Systems of Medicine:
{iiI three Principals/Professors of Teaching Institutions imparting
education in Bharatiya Chikitsa and to be nominated by the
Government;
(iii) one representative from the Central Council;
(iv) six prominent Vaidyas/hakims to be nominated by the
Go\'ernment;
(b) Ten members residil1l: in Delhi, holding a recognised qualification
and registered with the Parish<ld to be e1e<:ted by the registered
practitioners from amongst themselve~.
(4) The President and the Vice President of the Parishad shall be elected by
the members from amongst themselves in the first meeting of the Parishad.
(5) Save as otherwise provided, the ten seMs of members under clause (b) of
sub-section (3), shall be distributed proportionately to their members, as counted
on the prescribed date before the election, between those registered practitioners
who follow the Ayurvedic or the Unani Systems of Medicine as the case may be.
4. Election of members- (1) The ek..:tion of practitioners entitled to be
members of the Parishad under clause (b) of sub-section (3) of section 3, shall be
held at such time and place and in such manner as may be prescribed by rules and
where any dispute arises n;ogardingany such election, it shall be referred to the
GClvernment, whose de<:isionshall be final.
(2) Where any dispute arises regarding any cle<::tionof a member or of the
President or Vice-President, it shall be referred to the Government, and the decision
of the Government shall be final.
5. Term of offiee- The term of office of cle<::ted and nominated members
shall be for a period of five years commencing from the date on which the first
meeting of the I'arishad is held after the members are ele<::tedunder sub-section (3)
of section 3.
Provided that a member who is nominated by virtue of his office shall
continue to be a member of the Parishad so long as he continues to hold office by
virtue of which he is nominated to the Parishad.
6. Casual Vacancies- (1) A casual vacancy in the office of the President, or
the Vice-President or a member elected under clause (b) of sub-section (3) of
section 3 shall be filled by election.
Provided that any such vacancy in the office of an elected member occurrirlg
within six months prior to the date on which the term of office of all the members
expires. shall not be filled.
(2) Acasual vacancy in the office of a member nominated under clause (a) of
sub-section (3) section 3 of that section shall be reported forthwith by the Registrar
to the Government., and shall, as soon as possible thereafter, be filled by Ihe
Government by nomination.
(3)Any person elected under clause (b) or nominated under clause (a) of sub­
section (3) of section 3 to fill a casual vacancy shall, hold offjce only so long as the
person in whose place he may be elected or nommated, as the case may be. would
have held office, if the vacancy had not occurred.
7. Resignation- Any member may at any time, resign his office by a leiter
addressed to the I>resident. Such resignation shall take effect from the date on
which it is accepted by the Parishad.
Provided that the President shall address his resignation to the Vice-President.
8. Dis;tbilities for rontinuing as member- If any member during the period
for which he has been nominated or e1ected-
(a) absents himself without such reasons as may. in the opinion of the
Parishad be suffiCient from three consecutive ordinary m~tings of
Ihe Parishad; or
(b) becomes subject toanyofthedisqualifications mentioned insection 9,
the Parishad shall declare his office to be vacanl.
9. Disqualifications- (1) A person shall be disqualified for being elected or
nominated as, and for continuing as, a member-
(a) if he is an undischarged insolvent; or
(b) if he has been adjudicated by a Competent Court to be of unsound
mind; or
(e) if he is found guilty of professional misconduct and of contravening
the code of medical ethics; or
(d) if he is a whole time officer or servant of the Parishad; or
(e) if he has been convicted for an offence involVing moral turpitude; or
(f) if his name has been removed from the register:
(2) If any member becomes, or is found 10 1H!, subject to any of the
disqualifications mentioned in sub-section (1), the Parishad shaIl submit a report
to the Govemment and th(;' Guvcmml:'nt, if satisfied about ttl(;' disqualification,
shajl declare his_ seaL vacanL.
10. Powers, duties and functions of Lhe Parish3J- Subject to such condiLions
as may be prescribed by or under the' provisions of this Act, the powers, duties and
functions of the P1'Irish1'ldshall be -
(a) to maintain the liv'-.' re~ister, and to pro~'ide for the registration of
medical practitioners;
(b) to Iwar and dL'<:ide app<.:ab ag<linst any decision of thL' Rcgi;;trar;
(el to pf'-.'seribe it code of ethics for regulating the professional conduct
of the practitioners;
(d) to reprimand a pr,Klilioner, or to su~pend or remo~'e his name from
the register, or to tJke such olher di,cil'linJry adion agJinsl him as
may, in the opinion of thL' Pari;;h.ld, be necessary or expedient;
(L') to ['xerci~e ~llch other powers, perform such other duties and
discharge such other functions, <15 CITe laa! duwn ill tbis Act, or a~
may be prescribed;
(f) to n'C'-.'ive complaints from public (including paLients dnd their
reli\tiv~) agilinst misconduct or negligen.;:e by a medical practitioner,
Lo procped for i"'luL>sl,lah' a dedsion on the merits of the case and
to initiate disciplinary i\(lion or Hw,ud cornpl'tlsation and similarly
to Lake adinn Jg,lil1st fn"dous cumplaints;
(g) to provide protection to its members in di.<;chJrging profe.<,sional
duties;
(h) to ensure thilt no unqualified person pradises Hhariltiya Chikitsa
(Indian Systems of Medicine).
11, Executi\'e Committel/'_ (1) The r"rishild sh'ln, as soon as may be,
cOI\SWutean Exccutive Commillee consisting of tlho' President a~ eX"'Qffidumember,
;)Ild such other member (number not ('xcceding six), e[e<:tedby the PiHishJd from
ilmong its members, as Illay be prescribed.
(2) The krm of office oC and thp Illanner of filling casual vacancies among,
and the procedure lo Ix followed by, the members of the Executive Committee
shall be 5\l(h as may be prescribed.
(3) In addition to the powers, duties and functions coofoPrrPd, imposed ,lOct
entrusted b;.-' thlsAcl, the b_l'cutive Committe.;>shall exercise such powers, perform
sueh dutie~, and discharge such fundions of the PMishad OlS may be delegated to
it by mIl'S or enlrustL'd to it from time to time, by the Parishad.
(4) The Pl"I!sidentshall be the ex-officio Chairman of the Executive CommitteI;'.
12. Fee and allowances to members of the Parishad and of the Executive
Committee- There shall be paid to the President, the Vice President and other
members of the Parishad, and to the members of its Executive Committee, such
fees and allowances for attendance at meetings, and such tra\'elling allowance, as
shall from time to time be prescribed.
13. Validity of proceedings--- No disqualification of or defect in the electio.n
or nomination of any penoo acting as a member of !he Parishad as !he President
or presiding authority of a meeting shall be deemed to vitiate any action and or
proceedings of the Pari$had, in which such person has taken part.
14. lime and place of meeting of the Parishad- The Parishad shall meet at
such time and place and every meeting of the Parishad shan be summoned in such
manner as may be prescribed by regulations.
Provided that until such regulations are made, it shall be lawful for the
President to summon a meeting of the Parishnd at such time and place as he may
deem expedient, by letter addressed to each member.
15. Procedure meetings of the Parishad- (1) The President, when present,
shall preside at every meeting of the Parishad. If at any meeting the President
is absent, the Vice-President, and in the absence of both, some other member
elected by the members present from amongst themselves, shall preside at such
meeting.
(2) All issues 011 a meeting of the Parishad shall be decided by a majority of
members present and voting.
(3) Eight members (including the President and Vice- President) shall fonn a
quorum. When a quorum is required but not present. the presiding authority shall,
after waiting for not less than thirty minut~ for such quorum, adjourn the meeting
to such hour or some fufure day as it may notify on the notice bo.lld at the office
of the Parishad; and the business which would have been brought before the
original meeting had there been a quorum thereat, shall be brought before the
adjourned meeting, and may be disposed of at such meeting or any subsequent
adjournment thereof, whether there be a quorum present, or not.
'(4) At every meeting of the Parishad the President, for the time being, shall,
in addition to his vote as a member of the Parishad, h..we a second or casting vote
in case of equality of votes.
16. Registrar- (1) (a) The Parishad Shall, with the previous sanction of the
Government appoint a Registrar who shall be a qualified graduate of the Bharatiya
Chilcitsa (Indian System of Medicine). The Registrar shall be the Secretary and who
may also, if deemed expedient. act as Treasurer.
(b) TIle Parishad may aisoemploy such other persons as may be approved
by the Government and possess the qualification prescribed by
regulations to carry our the purposes of this Act.
(2) The Executive Committee may, from time to time, grant leave to the
Registrar.
Provided th"at, if Ihe period of leave does not exceed one month, the leave
may be granted by the President.
(3) During any temporary vacancy in the office of the Registrar due to leave
or any other reason, the Executive Committee may, with the previous sanction of
the Government, appoint another person to act in his place, and any person so
appointed shall for the period of such appointment be deemed to be the Registrar
for the purpose of this Act.
Provided that, when the period of such vacancy docs not exceed one month,
the appointment may Ix! made by the President, who shall forthwith report such
appointment to the Executive Committee, and the Government.
(4) The Parishad may, with the previous sanction of the Government, suspend,
dismiss or remove any person appointed as the Registrar or impose any other
penalty upon him in the manner as may be prescribed.
(5) Save as otherWIse provided by this Act, the salary and allowances and
other conditions of service of the Registrar and employees of the Parishad shall be
such as may be approved by the Government.
(6) The Registrar shall be the Secretary and the Executive Officer of the
PaTishad. He shall attend all meetings of lhe Parishad and of its Executive
Committee, and shall keep minutes of the meetings and names of members present
and of the proceedings of such meetings.
(7) The accounts of the Parishad shall be kept by the Registrar, in the prescribed
manner.
(8) The Registrar shall have such supervisory powers over the staff as may be
prescribed, and may perform such other duties and discharge such other functions
as may be specified in this Act, or as may be prescribed.
(9) The Registrar and employees of the Parishad shall be deemed 10 be public
servants within the meaning of se<:lion21 of the Indian Penal Code, 1860 (Central
Act 45 of 1860).
(10) The Parishad shall adopt the Central Civil Services Rules /IIl/tatis
/IIl/tandis,
CHAPTER III
PREI'ARATlQN AND MAINTENANCE OF REGISTER
17. Preparation of Register- (1) As soon as may be after the appointment
day, the Registrar shall prepare and maintain thereafter a register of practitioners
for Delhi, in accordance with the provisions of this Act.
(2) The register shall be in such form, and may be divided into such parts, as
may be prescribed. The register shall include the full name, address and
qualifications with the name of college and university of the registered practitioner,
the date on which each qualification was obtained, the date of \'alidlty of the
registration and such other particulars as may be prescribed.
(3) Any person who possess any of the quahfications in the First, Second or
Third Schedule to the Indian Medicine Central Council Act, 1970(Central Act 48 of
1970) shaH subject to any condition laid down by or under the Indian Medicine
Central Council Act, 1970, at any time on an appliGilion made in the prescribed
form to the Registrar and on payment of a prcscribt.'<I.f~'(' and on presentation of
proof of his registerable qualification, be entitled to have his name entered in the
register.
(4) Every person, whose name was inserted on a date prior to the constitution
of the Parishad in the Register of the Board of Ayurvedic and Unani System of
Medicine, Delhi, shall continue to be registered practitioner of lhe System concerned,
in the Parishad and his name $hall be inserted in the register of the Parishad
without any application or payment of fee by such practitioners.
(5) Any person servicing or practising Indian Systems of Medicine in Delhi
shall be registered with the Parishad under this Act. \-\lithout registration with the
Parishad any person though qualified in Indian Systems of Medicine, shall be
liable for action as specified by the Parishad.
(6) Every registered practitioner shall be given a certificate' of registration in
the prescribed form. The registered practitioner shall display the certificate of
registration in a conspicuous part in the place of his practice and if he has more
than one such piilce in anyone of them but the attested photocopy shall be
displayed at every place of prilcti~.
18. Special pro«dure for registntion in ctrbin COlSeS- (I) No person who
p<lS5essesamedicoJ..lqualification granted by any authority in any placeoulSide the
territory of India (other than the qualification specified in the Second Schedule or
the Third Schedule to the Indian Medicine Central Council Act, 19?O.Centrnl Act,
48 of 1970), shall be registered under this Act, unless the procedure specified in
sub-section (2) has been followed.
(2) Any person, who holds any such medical qualification may apply to the
Parishad for registration by giving a correct description of his qualification, with
his degree. diploma, licence or certificate. TIle Parishad shall transmit the same to
the Central Council for opinion and shall act according to the opinion.
19. P~rsons who mOllY not b~ r~gistered- Notwithsta.nding anything
Cttltained in sections 17and 18. no personwhose name has been removed. whether
before or after the appointed day, from any register kept under Act or any other
lilW for the time being in force in India regulating the registration of practitioners
Ofl the ground of professional misconduct, shall be entitled to have his name
entered in the register, unless his name is duly ordered to be restored to the register
from which it was so removed.
20. Fee for and certificate of provisional registration- (1) Any person who
desires to be registered provisionally under section 28 of the Indian Medicine
Central Council Act, 1970(Central Act 48 of 1970),shall make an application in the
prescribed fann to the Registrar and shall pay the prescribed fee.
(2) E\'ery person whose name is entered III the register under sub-section (I)
shall be given a certificate of provisional registration in..the p~bed form. Such
certificate shall remain in force for such penod as may be Speclllcd therein.
21. Maintenance of register- (1) It shall be the duty of the Registrar to make
entries in the register from time to time, to revise the same and to issue certificate
of registration in accordance with the provisions of this Act, and the nIles made
thereunder.
(2) (a) Every Registrar of Deaths on re«iving notice of the death of a
practitioner registered under this Act shall forthwith transmit by
post of the Registrar appointed under this Act a certificate under his
own hand of such death with the particulars of time and place of
death and may charge the cost of such C<.'rtificateand transmission as
an expense of his office.
(b) The names of registered practitioners, who die or whose names are
directed to be removed from register under section 23shall be removed
therefrom.
(3) Any person whose name is entered in the register and who subsequent to
his registration desires to record in the register any change in his name shall, on an
application made in this behalf and on payment of prescribed fee be entitled to
have such change in his name recorded in the register.
(4) Subject to the provisions of section 30 of the Indian Medicine Central
Council Act, 1970 (Central Act 48 of 1970), any person whose name is entered in
the register and who subsequent to his registration obtains any additional
qualification specified in any of the Schedules to the Indian Medicine Central
Council Act, 1970 (Central Act 48 of 1970), shall on an application made in this
behalf, and on pilyment of the prescribed fee, be entitled to have <In entry stating
such additionill qualification made against his name in the register.
(5) Where it is shown to the satisfaction of the Registrar that a certificate of
registration has be<>n lost or destroyed, the Registrar may, on payment of prescribed
fee and on furnishing an indemnity bond issue a duplicate certificate after due
confirmation and approval of the Executive Committee.
22. Publication of list of registered praclilioners- (1) Every five years. the
Registrar shall cause to be printed and published a correct list of all persons for the
time being entered. in the register but not later than three months of the start of
election process.
(2) The Registrar shall cause to be printed and published annually on or
before a date to be decided by the Executive Committee, an addendum and a
corrigendum to the list published under sub-section (1) showing-
(a) the names of all persons for the time being entered or re-entered in
the regi.ster, and not included. in any subsisting list already printed
and published;
(b) the names of all practitioners included in any subsisting list, whose
names have since ~n removed on account of any reason whatsoever
from, and not re-entered in, the register; and
(c) any other amendments to the sub~isting list.
(3) nl{~ form of the list published under sub-section <lJ- the particulars to be
included therein, and the manner of its publication, shall be such as may be
prescribed.
(4)A copy of the list referred to in sub-section (1) shall be conclusive evidence
in all Courts, and in all judicial or quasi-judicial proceedings, that the persons
therein specified are registered according to the provisions of this Act, and the
absence of the name of any person from such copy shall be evidence, until the
contrary is proved, that such person is not registered according to the provisions of
this Act.
Provided that in the case of any person whose name does not appear in such
copy, a certified copy under the hand of the Registrar of the entry of the name of,
such person on the register shall be evidence that such person is registered under
the provisions of this Act.
23. Disciplinary action including removal of names from the Register- (I)
The Parishad shall have a disciplinary Committee comprising-
(i) a Chairman to be nominated by the Parishad;
(ii) a legal expert to be nominated by the Parishad;
(iii) one member of Legislative Assembly of Delhi to be nominated by the
Speaker thereof;
(iv) an eminent public man nominated by the Government;
(v) an eminent Indian Medicine specialist in the relevant speciality to
which the complaint pertains, to be nominated by the Parishad;
(vi) a member nominated by Indian Medicine related association of Delhi
with minimum ten years standing in practice.
(2) If a registered practitioner has been, after due inquiry held by the Parishad
or by the Executive Committee in the prescribed manner, found guilty of any
misconduct by the Parishad or the Executive Committee, the Parishad may-
(a) issue a letter or warning to such practitioner; or
(b) direct the llame of such practitioner-
(i) to be removed from the register for such period as may be
specified in the aforesaid direction; or
(ii) to be removed from the register permanently.
E:cpJanatioll-For the purpose of this section. a registered pritCtitioner shall
be deemed to be guilty of misconduct if-
(a) he is convicted by a criminal court for an offence which involves
morallurpitude and which is cognizable within the meanings of the
Code of Criminal Procedure, 1974 (Central Act 2 of 1974), or
(b) in the opinion of the Parishad his conduct is unworthy of the medical
profession particularly under any Code of Ethics prescribed by the
Parishad or by the Central Council of Indian Medicine constih.ited
under the Indian Medicine Central Council Act, 1970 (Central Act 48
of 1970) in this behalf.
(3) The Parishad may, on sufficient cause being shown, direct on any
subsequent date that the name of a practitioner removed under the sub-section (2)
shall be re-entered in the register on such conditions, and on payment of the
prescribed fee, as the Parishad may deem fit.
(4) The Parishad fmly,of its own motion, or on the application of any person,
after due and properinquiry and after giving an opportwlity to the personC'OflI.."'eTl\e
of being heard, cancel or alter any entry in the register, if in the opinion of the
Parishad, such entry was fraudulently or incorrectly made.
(S) In holding any inquiry under this section, the Parishad or the Executive
Committee, as the case may be, shall have the same powers as are vested in Civil
Courts under the Code of Civil Procedure, 1908 (Central ActS of 19(5) when trying
a suit, in respect of the following malters namely-
(a) enforcing the attendance of any person, and examining him on oath;
(b) compelling the production of documents;
(c) issuing of commissions for the examination of witnesses.
(6) All the inquiries under this section shall be deemed to be judicial
P"~~,~""<Iings within the meaning of sections 193, 219 and 228 of the Indian Penal
Code, 1960 (Central Act 45 of 1860).
(7) (a) For the purpose of adVising the Parishad or the Executive Committee,
as the case may be, on any question of law arising in any inquiry
under this section, there may in all such inquiries be an assessor, who
has bet>n for not less than ten years an ad\'ocale enrolled under the
Advocates Act, 1961 (Central Act 25 of 1961).
Explallatiolls- For the purpose of this sub-section, in computing the
period during which a person has been enrolled as an advocate,
there shall be included any period during which he was enrolled as
an advocate under the Indian Bar Council Act, 1926.
(b) Where an assessor advises the Parishad, or the Ex<'CutivcCommittee,
as the case may be, on any question of law as to evidence, procedure
or any other maller, he shall do so in the presence of every party or
person representing a party to the inquiry who appears thereat or if
the advice is tendered after the I'arishad or the Executive Committee
has begun to deliberate as to its findings, every such party or person
as aforesaid shall be informed what advice the assessor has tendered.
Such party of person shall also be informed if, in any case, the
Parishad or the Executive Committee does not accept the advice of
the assessor on any such question as aforesaid.
(c) Any assessor under this s<'Ction may be appointed either generally,
or to any particular inquiry, and shall be paid the prescribed
remuneration.
(8) The name of every registered practitioner after his death, shall be removed
from the register.
24. Renewal and restoration of registration- (1) It shall be the duty of every
registered practitioner to get hiS registration renewed after five years from the date
of registration or last renewal, as the case may be, on making such <lpplication and
on fulfilment of conditions and payment of fe<:s as may be prescribed for the
purpose, within three months after the expiry of thc date of rcgistr<ltionor renewal,
as the case may be, after which the registration shall stand automatically cancelled.
(2) Persons whose registration is cancelled under sub-section(l) after the
expiry of the term, shall be eligible for restoration of their registration on fulfilment
of such conditions and payment of fees as may be prescribed.
25. Appeals- (1) Any person aggrieved by any decision of the Registr;u
under this Act may, within a period of one month from the dale on which the
decision is communicated to him, appeal to the Parishad which shall hear and
determine thc appeal in the prescribed manner.
(2) Save as otherwise provided in the Indian Medicine Central Council Act,
1970 (Central Acl48 of 1970), the decision of the Parishad under this Act shall be
final.
26. Rights of registered practitioners- Notwithstanding anything contained
in any law for the time being in fon::e-
(i) the expression 'Legally qualified medical practitioner' or "duly
qualified medical practitioner" or "registered praChtioner" of any
word importing a person recognised by law as a medical practitioner
ur member of the med ical profession shall in allActs of the Legislative
Assembly of [)elhi and all the CentI"t Acts (in their application to
Delhi) in ::;u f<lr as 5\lCh Acts relflte to any mailer with respect to
which the legislativp Assprnbly has powers to make l'lWS, under
clauS(' (3) of article 239 AA of the Constitution, include a practitioner
whose name is entered in the register under this Act;
(ii) every registered practitioner shall be exempt, 1f he so dc~ires, from
$erving on an inquest.
CHAPTER TV
MISCELLANBOUS
27. Constitution of l'atishad for the first time- Notwithstandin~ anything
contained in section 3 of the t\ct-
(a) the Council for the fir.;t time including the members, the Presidl'nt
and Vice Pn;sid<':llt thereof shall be nominated by ~he Gnvemment
from amonpt per:;.ons qualified tu be ..lectPd or nomillated as
members of tht' rt'spt'l.:tive r.:ategury; and
(b) the members so nominated shall huld uffice for such period nnt
exceeding thrL'C years in the ilggregutc as the Government may, by
notification in the official Gazelte, specify.
28. General Prnvision applicable to medical praclitioners- The provi~iuns
of this Act are in addition to, ,md nut in derug<ltioll uf the provisions of the Indian
Medicine Central Council Act, 1970 (Central Act -18 of 1970} contaiIlmg general
provisions "pplicabic Lo all medical practitioners.
29. Penalty fur fabely claiming to be registered- If any person whose
n<lme is not for th<' time hemp, entered in the r<'gistl'r,fnlsely represents that it is 0
en\cred, or uses in cormcctioll with his name or title any words or letters reO'lsonably
calculated to suggest that his name is so entered, he shall, on conviction, be
punished with fine whil·h Ill"-y extend to fiJty thousand rupees, Qt' rigorous
l1I1pnsomnent which may extf'nd upto two years, or both.
30. False assumption of practitioner under this Act to be.m offence- Any
person who f,llsely assumes that be is a practitioner as defined in clause (k) of
section 2 and practiSt's the Bhdf<l.tiyaOlikitsa (Indian Systems of Medkine) shall
be punish<lble with riguruus impri~onment which may t'xtend upto three years
and with fine which may extend upto fifty thous<md rupees.
E~1!Iillillti(ln- Undpr this section, punishment can be award~d only to
practitioners llS defined in clause (k) of ~ti(ln 2 of this Act and no punishment
may be awarded t(l anyone practising Veterin"ry medicine or Veterinary surgery
. or HomO€'()pathic or Modem Scientific System (If Medicine.
31. Court Competent to try offence, under Ihis Act and take cognizance of
offence- (1) No court other th"n the court of a Metropolitan Magistrnte shall take
cognizaIlU' of, or try an offence, under this Act.
(2) No Court shall take cognizance of any offence under this Act excepl on a
complaint in writing by an officer empowered by rules made In this behalf.
32. Control of Covernment- (I) Ifal any lime it appears 10 the Government
Ihat the Parishad or ils President or Vice-President has failed to exercise or has
exceeded or abused any of the powers conferred lIpon it or him by or under this
Act or has ceased to function, or has become inc,'pilble of functioning, the
Governnlent may, if it considers such failure, excess, abusc or incilpaClty to be of a
~erious chnracter, notify the particuhus th..,(('of to the Pnrishad or the President or
the Vice-President, as the case may be. If the Pilrishad or the President, or the Vice­
President, as the case may be, fails to remedy such failure, exCt->ss, abuse or
incapacity within such reasonable time as the Go\'emment may fix in this behalf,
the Go\'emment may remove the President or Vice-President or dissolve the
Parishad for a specified period, as thec~ may be, and in c~ of diSSOlution of the
Parishad cause all or any of the powers, duties and funclion of the Parishad to be
exerdsed, perfonned and discharged by the Director, Indian System of Medicine
of the Go\"cmment or any registered practitioner as the Govenunent may appoint
in that behalf.
Provided that a Ilew Pilrishad sh"U be constituted before the expiration of a
period of six months from the date of its dissolution.
(2) Notwithstanding anything contained in this Act, or in the rules made
thereon. if at any time it appears 10 the Government that the Pilrishild or ilny other
authorities empowered to CJ(ercise any of the powers or to perfonn any of the
dulles or funclions under this Act, has not been validity constituted or appointed,
the Go\"emment may cause any of such powers, duties or functions to be exercised
or performed by such person or persons, in such manner and for such period nOI
exceeding six months and subject to such conditions, as il things fit.
33. Examining Body- (1) The Government ma~', by notification in the Official
Gazelle constitute an Examining Body to be known as the Examining Body for
para medical training for Bhllratiya Chikitsa. Delhi for the purpose of holding
qualifying examinations for paril medical training ilS per clause (m) of section 2
and prescribing the courses of study and training for such examinations and other
mailers related to para-medical training such as Phllrmadst, Nursing courses,
Punch Kanna technician, etc.
(2) The Examining Body Shllil be a body corporate with the nilme aforesaid,
having perpetual succession and a common sea\, with power to acquire hold and
dispose of property and to contact, and shall by the said name sue and be sued.
(3) The Examining Body shall consist of the following eleven members to be
nominated by the Govemment namely~
(a) one member to represent the Department of Health and Family
Welfare of the Government;
(b) one member who shall be an official of the Technical Education
Board of the Training and Technical Educiltion Department of the
Government;
(c) one member from the Centrill Council;
(d) t\\'o members who shall be professors of Ayurvedic System of
Medicine;
(e) one member who shall be il professor of Unam System of Medicine;
(f) two practitioners of repute of the !\yurvedic System of Medicine;
(g) one practitioner of repute of the Unani System of medicine;
(h) t\\'o officials of the Directorate of Indian Systems of Medicine of the
Government;
(4) The Government shall nominate one of the members to be the Chainnan
of the Examining Body.
(5) TIle provisions of sections 12, 13, 14 and 15 shall apply to the Examining
Body as they apply in relation to the Parishad, subjcct to the modification that
reference to the President therein shall be construed as rderence to the ChaIrman
and the reference to f:'lghtmembers in sub-se<tion (3) of scction 15 shall be construed
as a reference to five members.
(6) A member of the Examining Body shall hold office for such period as may
be prescribed by rules by the Government.
Provided that the Government may, for reasons to be recorded in writing.
remove any member before the expiry of such term.
Provided further that no order for such removal shall be made unless the
member concerned has bl,'en given a reasonable opportunity to show cause against
such removal.
(7) Acasual vacancy in the office of a member of the Examining Body shall be
filled by fresh nomination and the member nominated to fill a casual vacancy will
hold office only so long as the mcmber in whose place he is nominated would have
held office if the vacancy had not occurred.
(8) Any member of the Examining Body may, at any time, resign his office by
letter addressed to the Government and the resignation shall take effect from the
dale on which it is accepted by the Government.
(9) There shall be paid to the members of the Examining Body such fees
and allowances for attending meetings as may be prescribed by rules by the
Government.
(10) The Examirung l30dy shall, with thl' preyiou~ ,ipprovaJ of the Government.
appoinlil Secretary and ~uch members or other employee> a.~ it liMy dl'('tll ilcceS:>.iUY
and they shall receive such salary and OlllowancE."SOlnd be subject to such conditiom
of ~ryicC" as the Examining Body may, with lh\! approval of thl' Goyernment,
prescri~ b}' regulations,
(11) The Secretary and otlll'r emplo}'ces of the Examining Body shall be
dl!'f'mro 10 be public servants within the meaning of 5eCliOll21 of the Indian Penal
Code, 1860 (Central Act ~5 of 186(1).
(12) In the performance of its functions und~r thiS AM, til(' Examining Body
shall be bOWld by such dlreclinn3 as the Govt!mment may give to it in wriling from
linle to lirne.
34. Cude of conduct and ethics- The ParL<:hadshilll fullow the conduct and
code of medical ethks as pJ'l:scribed by the Central Council.
35. Protection uf ;action taken in good f;aith- N0 suit, prosL'CUtiuflor other
leR:l1proceedings shall lie ..gainst the Goyernment, Ihe Parish ad. the Committft" or
the ElCamining Body thereof or any officer or i\Cn'ant of the Government or the
l'arishad or Committee or the ElCamining Body aforesaid tor anything which is in
good faith done or intended to be done under Ihis ..\rt.
36. D~I~gation of powers by the Govecrnmenl- Th... Govemment may, by
notification in lM Orricial Gazette, duOO th.11 any power exercisable by il under
this ,let shall, subject to such conditions, if an~~ a$ may be 5pedfied in the notification
be e:l(ern<;able by any of Its officers.
37. Power to m~e rules-- (1) TIle Gow'rnmC'llt may, by notification in the
Official Gazelle, and ,,"ubje<:tto the condition of previous publicatIOn, make rules 10
carry oul the purposes of this Act. Sucn rules mil)' be milde to provide for all or any
mallers elCpressly n.'quiK>d or allowed by this Act to be prescribed by rules,
(2) In pflrticulilr, and without pn::judicc t'O the g-C'neralilyoj the foregoing
.power, the Goverrunent may make rules for all or any of the followmg m;ltt(>r~,
namcly-
(a) the lime and place at which and the manner in which the clt..'ctionof
the members, land of the Presidenl and the Vice- President IDall be
held under section 3 and 4.
(b) the powers, dulles and functions of tht· PamJiad, the conditions
SubjeciiO which tht.')-·shall be exercised and. performed; and regulation
of professional conduci of prd.rtitiont'~ by a code of ethics in
accordance with section 10;
(c) number of elected members who shall be elected by the Pari...nad
from among.\t its members for<:oRStituting the Executive Commiuee
of the rilrishad; and the lerm of c;ifi('e of, <md tlK' milnncr of filling
casual vacancies among, and the procedure to be followed by, the
members of the Executive Committee and also the powers and duties
and functions of the Parishad as may be delegated by the Parishad to
be exercised, performed and discharged by the Executive Committee,
under the provisions of section 11;
(d) the fees and allowances payable to the President, the Vice-President
and other members of the Parish ad, and to the members of its
Executive Committee under section 12;
(e) the salary and allowances payable to the Registrar and other
conditions of service of the Registrar, manner of maintenance of the
accounts of the Parishad by the Registrar, supervisory powers of the
Registrar over the staff and the duties and functions as may be
specified in the Act, which may be performed and discharged by the
Registrar;
(f) the conditions of service of the officers and staff of the Parishad
under sub-section (5) section 16;
(g) preparation and maintenance of register of practitioners, the form of
such register, particulars including the name, address and
qualification, and validity date of registration etc. of a registered
practitioner to be entered in the register, prescription of the form of
application to have names registered prescription of fees to be paid
for such entry and the manner of payment, prescription of the form
of certificate which shall be given to registered practitioner under
section 17;
(h) prescribing the form of application for prOVisional registration, fee
payable for such registration and prescribing form of certificate of
provisional registration under section 20;
(i) prescription of fee for recording change of name in the register,
prescription of the fee payable for entering additional qualification
in the register and prescription of fee payable for issue of duplicate
certificate of registration under sub-sections (3) and (4) of section 21;
G) the form of the list of registered medical practitioners and manner of
the publication of the list under section 22;
(k) manner for taking disciplinary action, etc., against registered
practitioners by the Parishad or by the Executive Committee
conditions subject to which and the fee for re-entering the name of a
practitioner in the register and the remuneration to be paid to an
assessor under section 23;
(I) form of application for renewal of registration by registered medical
practitioners, fee payable for re-entry of name which is removed
from the register due to non-renewal wlder section 24;
(Ill) the man,)er in which Jppcills ag,lin:,t the dL'Cl",inn of the l\egislrar
shall be he;lrd by the Pilrishad under Sl'CtJOI1 25;
(11) officers who are empowered to milkc il compl"int lmd<?f sub-section
(2) of section 31;
(0) the form of the certificuk uf rq~i"t"ltion Ilwnlioning therein the pilrt
in which the R'gbtl'red pr~ctitiuller is rf>giSlf>redand the manner uf
cJldorscl11cnl of rcnewalthereDf;
(p) the term of uffice of tl,,:.-- 11Il'T[Ih<'r of the Examining Body under sub­
seetin" (5) of s~tinn :1:1;
(q) the fl'l's and OI11(>f allowances payable to members of thl' L:xamimng
Body for attending meeting under SUb'SL"Cti""(8) of sedKm 33;
(r) ilny mililer which is to be, or may be, prescribed undN this Act.
311. Regtllations- (1) The l'ilrishad may with the previulls "'Ulcl;",' of lh,>
(;,wernment and by notificJtion. milke regulations, not incunsistenl with any rules
made under this Ad for Cilrrymg oul the pnwisions of this Act.
(2) In particular. illld withuut prcjudiec to the generality 01 the foregoing
power, such rcguliltions ill;.!}' proVide fur all or flny of Ihe follO\,>,ing matkr:;,
l1amely-
(a) the time and pl'1Cl'cit whid, IIH' rari~had :;hall hold its meeting lmder
:;ection 14;
(b) the S<11ary allowance:; and uther conditiul\s of Sf'fvice of officers ,md
:;ervants of th", Pitri~had other Ih"rl IlIP Regislrat' under sUD-Sectioll
(5) of seetiOI\ 16;
(c) all olht'r malters whieh may be necessary for the purpose of carrying
out the objects 01 this Aet.
39. Puwens of Ihe Examining Body- (I) The Examining lludy lThly, wilh the
previous sanction of the Government, make rcguhltions not inconsistent with any
rules made by the Govcrnment and regulations ffi,de by the Pa rish;,d for carrying
<Jut the prov i.sions of this Act.
(2) In pilrtieu[;lr. ,lOd without prejudice 10 the generality of the foregoing
power, such regul.J.tion~ lIlay provide fot' all OJ any of the follOWing matters,
namely-
(a) the lime M\d place al which the Examining !lody shall hold its
meetings;
(b) U\(' courses of study fot' training and qualifying eXiuninations
including the C0Ul"S('of lraining and examination priot' 10 qU<llifying
l,'xaminations;
(c) the 1ilnguJgc in which the examillations shall bo> conducted and
jJl~truct;on shall be imparted;
(d) the admission of students to the bodies or institutions authorised
under section 33;
(e) the wnditions under which students "hall be admiHro to the diploma
or certificate course and to the qu

Excerpt shown. Open the full act in Lexace.

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