The Haryana Yog Aayog Act, 2021

Haryana · state statute

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Act 17 of 2021

Keywords:
Ayush, Naturopathy, Yoga

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HARYANA GOVT. GAZ. (EXTRA.),
APR
.

7
, 20
2
1

(
CHTR
.

17
, 19
4
2

SAKA)

109

PART
-

HARYANA GOVERNMENT

LAW AND LEGISLATIVE
DEPARTMENT

Notification

The
7
th

April
, 20
2
1

No.

Leg.

1
7
/20
2
1
.
—

The following Act of the Legislature of the State of Haryana
received the assent of the Gove
rnor of Haryana on the 2
0
t
h

March, 2021 and is hereby published
for general information:
-

HARYANA ACT

NO.
1
7

OF 20
2
1

THE HARYANA
YOG AAYOG

ACT, 2021

A
N

ACT

to establish Aayog in the State of Haryana for the promotion, management, regulation,
training of Y
oga and Naturopathy, to promote naturopathy system of medicine, to regulate the
practice thereof and to deal with other matters such as training, promotion and Yogasana as a
Sport etc. and for matters connected therewith or incidental thereto.

Be it enacte
d by the Legislature of the State of Haryana in the Seventy
-
second

Year of the
Republic of India as follows:
-

(1)

This Act may be called the Haryana Yog Aayog Act, 2021.

(2)

It shall come into force on the date of its publication in the Official Gazett
e.

Short title and
commencement.

In this Act, unless the context otherwise requires,
-

(a)

“Aayog” means the Haryana Yog Aayog established under section 3;

(b)

“AYUSH” means the indigenous system of medicine related to Ayurveda, Yoga
and Naturopathy,
Unani, Siddha, Sowa
-
rigpa and Homoeopathy;

(c)

“Chairman” means the Chairman of the Aayog;

(d)

“committee” means the committee constituted under section 16 of the Act;

(e)

“institution” means any College/ Institute/ University/ Board/ Faculty established
b
y law conducting Yoga or Naturopathy courses recognized by State Government
or the Central Government;

(f)

“member” means the official or non
-
official member of the Aayog including
Chairman and Vice
-
Chairman
;

(g)

“naturopathy” means a system of man
-
buildin
g in harmony with constructive
principles of nature on physical, mental, moral and spiritual planes of living,
having health promotive, disease preventive, curative and restorative potential;

(h)

“naturopathy system of therapy” means a drugless, non
-
invas
ive system of therapy
involving the use of natural elements in its treatment based on the theory of
vitality, toxemia, self
-
healing capacity of the body and the principles of healthy
living;

(i)

“prescribed” means prescribed by the rules made under this Ac
t;

(j)

“register” means the register of practitioners maintained under clause (a) of

sub
-
section (2) of section 18
;

(k)

“registered Yoga or Naturopathy practitioners” means a practitioner of Yoga or
Naturopathy registered under the provisions of this Act
and the rules made
thereunder;

(l)

“Registrar” means the Registrar of the Aayog;

(m)

“State Government” means the Government of the State of Haryana in the
administrative department;

(n)

“Yoga” means a discipline to improve or develop one’s inherent power
in a
balanced manner which offers the means to attain complete self
-
realization and it is
a technique to suppress the modification of mind.

Definitions.

HARYANA GOVT. GAZ. (EXTRA.),
APR
.

7
, 20
2
1

(
CHTR
.

17
, 19
4
2

SAKA)

110

Establishment
of Aayog.

(1)

The State Government shall, by notification in the Official Gazette, es
tablish a body
to be known as the Haryana Yog Aayog to exercise the powers conferred on and to perform the
functions assigned to it under this Act.

(2)

The Aayog shall have perpetual succession and a common seal and may by said name
sue and be sued.

Cons
titution of
Aayog.

The State Government shall, by notification in the Official Gazette, constitute the Aayog
consisting of the following members, namely:
-

(1)

Official members:
-

(a)

Director, Sports and Youth Affairs Department, Haryana
or his represe
ntative
not below the rank of Deputy Director/Assistant Director;

(b)

Director AYUSH, Haryana or his
representative not below the rank of Deputy
Director/Assistant Director;

(c)

Dean/Registrar, Shri Krishna AYUSH University, Kurukshetra or his
representati
ve not below the rank of Professor/Head of the Department, Yoga;

(d)

Director, Secondary Education Department, Haryana or his
representative not
below the rank of Deputy Director/Assistant Director;

(e)

Medical Officer, AYUSH Department;

(2)

Non
-
official m
embers:
-

There shall be eleven non
-
official members including Chairman and

Vice
-
Chairman to be nominated by the State Government amongst the following:
-

(a)

three members having Bachelor degree in AYUSH with atleast five years
experience of Yoga education/t
raining/practice;

(b)

two members having Bachelor of Naturopathy and Yogic Sciences degree
with atleast five years experience in Naturopathy;

(c)

one member having Bachelor degree in Yoga/Naturopathy with research
background;

(d)

three members having Bachelor deg
ree in any stream with atleast five years
experience certificate in Yoga education/training/practice;

(e)

two members from amongst the registered Yoga or Naturopathy practitioners.

Chairman.

The Chairman of the Aayog shall be nominated by the State Gover
nment from amongst the
non
-
official members and shall exercise such powers and perform such duties, as may be
prescribed.

Vice
-
Chairman.

The Vice
-
Chairman of the Aayog shall be nominated by the State Government from
amongst

the non
-
official members and

shall perform the duties of Chairman in case of vacancy or
absence of Chairman.

Registrar.

(1)

The
State Government shall depute the Medical Officer from AYUSH department,
Haryana

as Registrar of the Aayog, who shall be the Member Secretary of the Aay
og and shall
perform such duties, as may be prescribed.

(2)

The Registrar shall authenticate all decisions and resolutions passed in the meeting
and shall follow such procedure of proceeding of meeting, as may be prescribed.

Terms and
conditions of
servi
ce of non
-
official
members and
other
employees.

The terms

and conditions
of service of non
-
official members and other employees shall be as
follows:
-

(i)

non
-
official members shall be nominated for a term of five years which may be
extendable for further t
erm with the approval of State Government;

(ii)

the term of non
-
official member shall start from the date of first meeting of the
Aayog;

(iii)

a non
-
official member may, at any time by writing under his hands addressed to the
Chairman, resign from his office and a v
acancy caused thereof shall be filled by fresh
nomination;

(iv)

the non official member shall receive such honorarium and such other allowances for
attending meeting of Aayog, as may be prescribed;

HARYANA GOVT. GAZ. (EXTRA.),
APR
.

7
, 20
2
1

(
CHTR
.

17
, 19
4
2

SAKA)

111

(v)

the salaries, allowances and honorarium etc. payable to non
-
official members,
officials and other employees of the Aayog shall be paid out of the grant received
from the State Government;

(vi)

the salaries and allowances payable to, and the other terms and conditions of
service of the non
-
official members, officers and

other employees of the Aayog,
shall be such, as may be prescribed.

(1)

A non
-
official member becomes disqualified to continue in office if that member
-

(a)

becomes an un
-
discharged insolvent;

(b)

gets convicted and sentenced to imprisonment for an offence

involving
moral turpitude
;

(c)

becomes of unsound mind and stands so declared by a competent medical
board;

(d)

becomes incapable in performing his duties due to any medical reason or
otherwise;

(e)

is, without obtaining leave of absence from the Aayog, absent him
self from
three consecutive meetings of the Aayog; or

(f)

has so abused his position as to render his continuance in office prejudicial
to the public interest:

Provided that no member shall be removed under this clause until
that member has been given a reaso
nable opportunity of being heard.

Disqualification
of non
-
official
members.

10.

The State Government may remove any or all of the non
-
official members of Aayog at
any time, if there are sufficient reasons to believe that the member(s) is inimical to the s
pirit of
the Act.

Removal of non
-
official members.

11.

In the event of death, resignation, disqualification or removal of non
-
official member, a
vacancy shall be deemed to have occurred in such office and such vacancy shall be filled as early
as possible

by fresh nomination of a person thereto as a member, who shall hold office for the
unexpired term of his predecessor.

Vacancy.

12.

No act or proceeding of the Aayog shall be questioned or shall be invalid merely on the
ground of the existence of any vaca
ncy or defect in the constitution of the Aayog.

Vacancies not to
invalidate
proceedings.

13.

The
State Government may on the requisition of the Aayog provide such officers and
other officials, as it may deem fit, for the smooth functioning of the Aayog.

Officers and other
officials.

14.

The Aayog shall hold meeting at least once in every three months and as many meetings
as required and the quorum of the meeting shall be one third of the total number of members.

Meetings of
Aayog.

15.

The State Governm
ent may, after giving reasonable notice to the Aayog and after hearing
its objections, if any, suspend, cancel or modify any resolution passed by the Aayog.

Suspension,
cancellation and
modification of
resolutions.

16.

(1)

The Aayog may constitute as ma
ny committees, as it may deem fit, for smooth
functioning of Aayog consisting of minimum of three members from officials and non
-
officials
members in the ratio of 1:2 which shall be headed by the official member.

(2)

The Committee so constituted shall su
bmit its report/ proposal/ suggestion/ advice
in the prescribed time framed and submit the same to the Aayog.

Committee.

17.

The Aayog shall perform the following functions, namely:
-

(a)

to act for the promotion, training and regulation of the Yoga or Nat
uropathy in
consultation with the State Government;

(b)

to organize Yogasana (Yoga
-
Postures) competitions at the State/District/

Corporation/Municipal/ Tehsil /Panchayat level for primary, middle and senior
secondary schools;

Functions of
Aayog.

HARYANA GOVT. GAZ. (EXTRA.),
APR
.

7
, 20
2
1

(
CHTR
.

17
, 19
4
2

SAKA)

112

(c)

to e
ducate, campaign and to make people aware about the benefits of Yoga or
Naturopathy and to take steps for inclusion in curriculum of school syllabus;

(d)

to review periodically the yoga courses, the syllabi, educational standards and give
recommendations t
o the State Government for the same;

(e)

to perform such others functions, as may be prescribed.

Functions and
powers of
Registrar.

18.

(1)

The Registrar shall register a Yoga or Naturopathy practitioner who is qualified from
any i
nstitution in such form,

manner along with such fee, as may be prescribed.

(2)

The Registrar shall,
-

(a)

maintain the register of Yoga or Naturopathy practitioners in the State;

(b)

regulate the professional conduct of registered Yoga or Naturopathy
practitioners by such code of

ethics, as may be prescribed;

(c)

after giving opportunity of being heard suspend or remove the name from the
Register, or take such other disciplinary action against
Yoga or Naturopathy
practitioner,

as may be prescribed.

Appeal to
Aayog from
decision o
f
Registrar and
other powers of
Aayog.

19.

(1)

Any person aggrieved by the decision of the Registrar regarding registration of any
person or any entry in the register may appeal to the Aayog.

(2)

Such appeal shall be filed with, and shall be heard and dec
ided by, the Aayog in the
manner prescribed.

Budget.

20.

(1)

The Aayog shall on such date, as may be prescribed, prepare and submit to the State
Government, in the prescribed form, the demand of grant for the next financial year, showing the
estimated
receipts and expenditure.

(2)

The State Government may sanction the grant submitted to it with such modification,
if any, as it deems proper.

(3)

When the grant is sanctioned by the State Government, the Aayog shall be competent
to appropriate the amount
s out of the grant for the purpose for which the provision is made in the
budget.

Accounts and
audit.

21.

(1)

The Aayog shall maintain proper accounts and other relevant records and prepare an
annual statement of accounts including the income and expendit
ure and balance sheet, utilization
certificate, in such form and manner, as may be prescribed.

(2)

The accounts of the Aayog shall be examined and audited by the Director, Local
Fund Accounts in accordance with the relevant provisions.

(3)

The audited st
atement of accounts and working report of the Aayog shall be
submitted to the AYUSH Department before the 31st July of every year.

Fund of Aayog.

22.

(1)

The fund of the Aayog shall be constituted of the funds collected as registration,
renewal fee etc. a
nd such fund shall be maintained by way of bank account in the Nationalized
Bank.

(2)

The Chairman and Registrar of the Aayog shall jointly operate the said bank account
for carrying out the purposes of this Act.

Power to make

rules.

23.

(1)

The State
Government may, by notification in the Official Gazette make rules for
carrying out the purposes of this Act.

(2)

Every rule made under this Act shall be laid, as soon as may be, after it is made,
before the House of the State Legislature.

Officers and
O
fficials to be

public servants.

24.

Every officer and official appointed under this Act, while exercising any power or
performing any duty under this Act, shall be deemed to be a public servant within the meaning of
section 21 of the Indian Penal Code, 186
0 (Central Act 45 of 1860).

Removal of

difficulties.

25.

(1)

If any difficulty arises in giving effect to the provisions of this Act, the State
Government may, by order published in the Official Gazette, make such provisions not inconsistent
with the pro
visions of this Act, as appear to it to be necessary or expedient for removal of the
difficulty:

HARYANA GOVT. GAZ. (EXTRA.),
APR
.

7
, 20
2
1

(
CHTR
.

17
, 19
4
2

SAKA)

113

Provided that no such order shall be made after the expiry of a period of two years
from the date of the commencement of this Act.

(2)

Every order made und
er this section shall, as soon as may be after it is made, be
laid before the State Legislature.

26.

No suit, prosecution or other legal proceedings shall lie against any officer or employee of
the State Government for anything which is in good faith don
e or intended to be done under this
Act or rules made thereunder.

Protection of
action taken in
good faith.

27.

Anything done by the Haryana Yog Council or renamed as Haryana Yog Aayog vide
notification No.

9/24/2019
-
6HB
-
II, dated the 15th January, 2021,
before the commencement of
this Act shall be deemed to have been done under this Act as per the provisions of section 6 of
the General Clauses Act.

Savings.

BIMLESH TANWAR
,

Administrative
Secretary to Government
,

Haryana,

Law and Legislative Depart
ment.

9
1
42
—
L.R.
—
H.G.P.,
Pkl
.

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