LexThe Himachal Pradesh Ayurvedic and Unani Practitioners Act, 1968
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH AYURVEDIC AND UNANI
PRACTITIONERS ACT, 1968
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
ESTABLISHMENT AND CONSTITUTION OF BOARD
AND REGISTRATION OF PRACTITIONERS
3. Establishment, constitution and incorporation o f Board.
4. Election of members.
5. Term of office.
6. Vacancies.
7. Registration.
8. Disabilities for continuing as member.
9. Disqualifications.
10. Vacancies etc., not to invalidate proceedings of Board.
11. Time and place of meeting of Board.
12. Procedure at meeting of Board.
13. Registrar and other staff.
14. Duties of Registrar.
15. Registration.
16. Power of the Board to prohibit entry in or to direct removal
from register etc.
17. Procedure in inquiries.
18. Appeal to Board from decision of Registrar and other powers of
Board.
19. Qualified practitioner's certificate.
20. Notice of death.
21. Exemption from serving on inquests.
22. Fees and allowances payable to members.
23. Mode of proof of Board's records.
2 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 1968
24. Fees for the issue of copies of orders, entrie s in register, etc.
25. Fees received by the Board.
26. Publication of list of practitioners.
27. Penalty for unlawful assumption of title of reg istered
practitioner.
28. Selling medicines by hawking etc., to be an of fence.
29. Prohibition of practice.
30. Penalty.
31. Power to amend Schedule I.
32. Control of the State Government.
33. Court competent to try offence and cognizance of offences.
34. Protection of action taken in good faith.
CHAPTER III
DISPUTES REGARDING ELECTIONS
35. Definitions.
36. Election petitions.
37. Presentation of petitions.
38. Contents of petition.
39. Procedure on receiving election petition.
40. Power of Director to withdraw and transfer pet itions.
41. Procedure before the prescribed authority.
42. Appearance before prescribed authority.
43. Power of the prescribed authority.
44. Documentary evidence.
45. Secrecy of voting not to be infringed.
46. Answering of criminating questions and certifi cate of
indemnity.
47. Expenses of witnesses.
48. Decision of the prescribed authority.
49. Grounds for setting aside election.
50. Abatement of election petitions.
51. Costs, payment of cost out of security deposit s and return of
3 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 1968
such deposits.
52. Execution of orders as to costs.
53. Corrupt practices entailing disqualification.
CHAPTER IV
MISCELLANEOUS
54. Rules.
55. Regulations.
CHAPTER V
REPEAL AND SAVINGS
56. Repeal and savings.
57. Power to remove difficulties.
SCHEDULE I
SCHEDULE II
THE HIMACHAL PRADESH AYURVEDIC AND UNANI
PRACTITIONERS ACT, 1968
(ACT No. 21 OF 1968)
1
(Received the assent of the President of India on t he 5 th December,
1968, and was published in R. H. P. Extra., dated t he 3 rd March, 1969 at p.
163-179).
An Act to consolidate and amend the law relating to the registration of
practitioners of Ayurvedic and Unani systems of med icine and
regulate the practice in such systems.
Amended, repealed or otherwise affected by , -
(i) A. O. 1973, published in R. H. P. Extra., date d the 20
th January,
1973 at p. 91-112.
(ii) H.P. Act No. 14 of 1978 2 assented to by the President of India on
27-3-1978 and published in R. H. P. Extra., dated 1 8-4-1978 P.
353.
1. For Statement of Objects and Reasons, see R. H. P. Extra., dated the 21 st August,
1968 at p. 866 and for Select Committee's Report, s ee R. H. P. Extra., dated the
29 th July, 1968 at p. 737-755 . For Authoritative Hind i Text see R. H. P. Extra.,
dated 31-12-87 p. 577 .
2. For Statement of Objects and Reasons see R. H. P . Extra., dated 3-1-78 p. 4.
4 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 1968
(iii) H.P. Act No. 14 of 1984 1 assented to by the Governor of H. P. on
29-5-1984, published in R. H. P. Extra, dated 1-6-1986, P. 945.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Nineteenth Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement .- (1) This Act may be called
the Himachal Pradesh Ayurvedic and Unani Practitioners Act, 1968.
(2) It extends to the whole of the 2[State of Himachal Pradesh].
(3) It shall come into force on such date 3 as the 4[Government of
Himachal Pradesh] may, by notification in the Official Gazette, appoint.
2. Definitions .-In this Act, unless the context otherwise requires,-
(a) 5[xxxxxxxxxxxxxxxx]
(b) "appointed day" means the date on which this A ct comes into force
under sub-section (3) of section 1;
(c) Ayurvedic system" means the Ashtang Ayurvedic S ystem and the
Sidha, and includes the modernised form thereof;
(d) "Board" means the Board of Ayurvedic and Unani Systems of
Medicine, Himachal Pradesh, established and constit uted under
section 3;
(e) "Director" means the Director of Ayurveda, Hima chal Pradesh,
and includes an officer appointed by the 6[Government of
Himachal Pradesh to exercise the powers and perform the
functions of the Director under this Act;
(f) "member' means a member of the Board;
(g) "Official Gazette" means the Rajpatra, Himacha l Pradesh;
(h) "practitioner" means a person who practices th e Ayurvedic or
Unani system of medicine;
(i) "prescribed" means prescribed rules made under this Act;
1. For Statement of Objects and Reasons see R. H. P . Extra., dated 4-4-1984 p. 580 .
2. Subs. for "Union Territory of Himachal Pradesh" by A. O. 1973.
3. The Act enforced w.e.f. the 22 nd March, 1971, vide Not. No. 4-21/68-Med. II',
dated the 17 th March. 1971, published in R. H. P. Extra., dated 22-3-1971, p 186.
4. Subs. for "Administrator" by A. O. 1973.
5. The definition of "Administrator" omitted by A. O. 1973.
6. Subs. for "Union Territory of Himachal Pradesh" by A. O. 1973.
5 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 1968
(j) "register" means the register of practitioners maintained under
section 14;
(k) "registered practitioner" means a practitioner whose name is
entered in the Register;
(l) "Registrar" means the Registrar appointed unde r section 13;
(m) "Schedule" means a schedule appended to this A ct;
(n) "transferred territory' means the territory wh ich on the 1st day of
November, 1966, was transferred from the State of P unjab to the
1[State of Himachal Pradesh] under section 5 of the Punjab Re-
organisation Act, 1966 (31 of 1966),; and
(o) "Unani system" means the Unani Tibbi system of medicine, and
includes the modernised form thereof.
CHAPTER II
ESTABLISHMENT AND CONSTITUTION OF BOARD AND
REGISTRATIONS OF PRACTITIONERS
3. Establishment, constitution and incorporation of Board .- (1)
Subject to the provisions of sub-section (6), there shall be established and
constituted, for the purpose of carrying out the provisions of this Act, a Board
to be known as "the Board of Ayurvedic and Unani Sy stems of Medicine,
Himachal Pradesh", consisting of the following members, namely:-
(a) the Director of Ayurveda, Himachal Pradesh, ex -officio;
(b) 2[three members], of whom one shall be the principal of any
Ayurvedic or Unani institution, appointed by the 3[Government
of Himachal Pradesh];
(c) 4[five members], of whom not less than 5[three] shall be persons
holding a diploma or degree in the Ayurvedic or Unani system, to
be elected by the registered practitioners from amo ngst
themselves.
(2) The Board shall be a body corporate by the name aforesaid,
having perpetual succession and a common seal, with power, subject to the
provision of this Act, to acquire, hold and dispose of property both movable
and immovable and to contract, and shall by the said name, sue and be sued.
(3) The Director shall be Chairman of the Board, an d the Vice-
Chairman shall be elected by the members from amongst themselves.
1. Subs. for "Union territory of Himachal Pradesh" by A. O. 1973.
2. Subs. for "five" vide Act No, 14 of 1978.
3. Subs. for "Administrator” by A. O. 1973.
4. Subs. for, "eleven members” vide Act No, 14 of 1 978.
5. Subs. for the words "seven" vide Act No, 14 of 1978.
6 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 1968
(4) The 1[five] seats of members provided in clause (c) of s ub-section
(1) shall be distributed by the 2[Government of Himachal Pradesh]
proportionately to their number, as counted on the prescribed date before the
election, between the registered practitioners who follow the Ayurvedic
system and the registered practitioners who follow the Unani system:
Provided that in determining the proportion, a fraction of one-half and
less shall be ignored and a fraction of more than o ne-half shall be counted as
one 3[and atleast one seat will be provided for Unani system].
(5) Every election or appointment of a member and e very vacancy in
the office of a member shall be notified in the Official Gazette.
(6) Until the Board is established and constituted in accordance with
the provisions of the preceding sub-sections, the 4[Government of Himachal
Pradesh] may constitute a Board 5 consisting of seven persons, including the
Director to be appointed by the State Government an d the rest from the
persons holding a diploma or degree of Ayurvedic or Unani system or
practitioners in these two systems, and a Board so constituted shall, as from
the commencement of this Act and for a period not e xceeding [fifteen] 6 years
from such commencement, be deemed to be the Board e stablished and
constituted for the purpose of carrying out all the provisions of this Act, and
the provisions of sub-sections (3) and (5) shall apply to such a Board.
4. Election of members .- The election of practitioners entitled to be
the members of the Board under clause (c) of sub-section (1) of section 3 shall
be held at such time and place and in such manner as may be prescribed.
5. Term of office .- (1) Save as otherwise provided in this Act, a
member, other than an ex-officio member, shall hold office for a period of
five years from the date of the first meeting of the Board.
(2) An outgoing member shall continue in office unt il the election or
appointment of his successor.
(3) An outgoing member shall be eligible for re-ele ction or re-
appointment.
6. Vacancies .- (1) If a vacancy occurs in the office of a membe r
through his death, resignation, removal, disqualifi cation or disability or
1. Subs. for "eleven" vide H.P. Act No, 14 of 1978.
2. Subs. for "Administrator "by A. O. 1973.
3 . Ins. vide Act No. 14 of 1978 (sec.2).
4. Subs. for "Administrator" by A. O. 1973.
5. The Board was constituted vide Not. No. 4-2/68-M ed-II, dated the 18th March,
1971, published in R. H. P. Extra, dated the 22nd M arch, 1971, p. 186 and
subsequently modified by Not. No. 11-4/71- H&F. P. (2), dated the 10th Nov.,
1971, published in R. H. P. Extra., dated the 4
th December, 1971, p.1467-1468.
6. Subs."Seven years" for "two years" vide Act No. 14 of 1978 and subsequently
"fifteen years", vide H. P. Act No. 14 of 1984 (effective w.e.f. 17-3-71)
7 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 1968
otherwise, the vacancy shall be filled in the same manner as is provided in
section 3.
(2) Any person elected or appointed to fill the vac ancy shall,
notwithstanding anything contained in section 5, ho ld office only so long as
the member in whose place he is elected or appointe d would have held office
if the vacancy had not occurred.
7. Resignation .- Any member may at any time resign his office by a
letter addressed to the Chairman and the resignatio n shall take effect from the
date on which it is accepted by him.
8. Disabilities for continuing as member .-If any member during the
period for which he has been appointed or elected a bsents himself, without
such reasons as may in the opinion of the Board be sufficient, from three
consecutive ordinary meetings of the Board or becom es subject to any of the
disqualifications mentioned in section 9, the Board shall declare his office to
be vacant:
Provided that before declaring his office to be vac ant, the Board shall
call for his explanation and record its decision thereon.
9. Disqualifications .- A person shall be disqualified for being elected
or appointed as, and for continuing as, a member,-
(a) if he is a minor or an undercharged insolvent;
(b) if he is of unsound mind and stands so declare d by a competent
court;
(c) if his name has been removed from the register or list prepared
under this Act and has not been re-entered therein.
10. Vacancies etc., not to invalidate proceedings o f Board .- No act
done, or proceeding taken, under this Act by the Board shall be invalid merely
on the ground,-
(a) of any vacancy or defect in the constitution o f the Board; or
(b) of any defect or irregularity in the election or appointment of a
person acting as a member thereof; or
(c) of any defect or irregularity in such act or p roceeding, not
affecting the merits of the case.
11. Time and place of meetings of Board .-The Board shall meet at
such time and place, and every meeting of the Board shall be summoned in
such manner, as may be provided in the regulations made under this Act:
Provided that, until such regulations are made, it shall be lawful for
the Chairman to summon a meeting of the Board at su ch time and place as he
may deem expedient by letter addressed to each member.
8 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 1968
12. Procedure at meeting of Board .- (1) The Chairman, and in his
absence the Vice Chairman, and in the absence of both a person elected by the
members of the Board from amongst themselves, shall preside at every
meeting of the Board.
(2) All questions at a meeting of the Board shall b e decided by the
votes of the majority of the members present and voting:
Provided that in case of equality of votes, the Cha irman, Vice-
Chairman or the person presiding, as the case may b e, shall, in addition to his
own vote as a member of the Board, have and exercis e a second or casting
vote.
(3) 1[Five members] shall form a quorum at a meeting of the Board
and four members shall form a quorum at a meeting o f the Board referred to
in sub-section (6) of section 3:
Provided that if a meeting is adjourned for want of quorum, no
quorum shall be necessary at the next meeting calle d for transacting the same
business.
13. Registrar and other staff .- (1) Subject to the rules made in this
behalf, the Board shall appoint a Registrar who sha ll receive such salary and
allowances and be subject to such conditions of service as may be prescribed:
Provided that until a Registrar is so appointed, a person appointed by
the 2[Government of Himachal Pradesh] shall, as from the commencement of
this Act, be deemed to be the Registrar who shall b e entitled to such salary
and allowances and shall be subject to such conditi ons of service as may be
determined by the 3[Government of Himachal Pradesh].
(2) The Board may appoint such other employees as may be necessary
for carrying out the purposes of this Act and such employees shall receive
such salary and allowances and be subject to such c onditions of service as
may be prescribed.
(3) All employees of the Board, including the Regis trar, shall be
deemed to be public servants within the meaning of section 21 of the Indian
Penal Code (45 of 1860).
14. Duties of Registrar .- (1) Subject to the provisions of this Act and
the rules made thereunder and subject to any genera l or special order of the
Board, it shall be the duty of the Registrar to mai ntain the register and to act
as the Secretary of the Board.
(2) The register shall be in such form as may be pr escribed and shall
contain the names, addresses and qualifications of every registered
1. Subs. for "seven members" vide H. P. Act, No. 14 of 1978 (Sec. 3)
2 . Subs for "Administrator" by A. O. 1973.
3. Subs for "Administrator" by A. O. 1973.
9 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 1968
practitioner together with the dates on which such qualifications were
acquired. The register shall be divided into the following three parts, namely:-
PART I containing the names of the practitioners qu alified to practise
the Ayurvedic system;
PART II containing the names of the practitioners q ualified to
practise the Unani system; and
PART III containing the names of practitioners regi stered under
sub-section (2) of section 15.
(3) The Registrar shall keep the register correct a nd may from time to
time enter therein any material alteration in the address or qualifications of the
practitioners. The names of the registered practiti oners who die or whose
names are directed to be removed from the register under this Act shall be
removed from the register.
(4) A registered practitioner shall, on payment of such fees as may be
prescribed, be entitled to have entered in the regi ster any further degrees,
diplomas or certificates or other qualifications in Ayurvedic system or Unani
system or other recognised medical degrees, diplomas or certificates which he
may obtain.
(5) For the purposes of this section, the Registrar may write by
registered post to any registered practitioner at the address which is entered in
the register enquiring whether he has ceased to pra ctise or has changed his
residence and if no answer is received to the said letter within three months,
the Registrar may remove the name of the said practitioner from the Register:
Provided that the Board may, if it is satisfied on the application of the
said practitioner that he has not ceased to practis e, direct that his name be
re-entered in the register.
15. Registration .- (1) Every person possessing any of the
qualifications specified in Schedule-I shall, subje ct to the provisions of this
Act and on payment of such fees as may be prescribe d, be entitled to have his
name entered in Part-I or Part-II, as the case may be, of the register subject to
such conditions as may be prescribed.
(2) Notwithstanding anything contained in sub-secti on (1), every
person, who, within a period of two years from the date on which this Act
comes into force, proves to the satisfaction of the Registrar that he has been in
regular practice as a practitioner for a period of not less than seven years
preceding the date on which he makes an application for being registered as a
practitioner shall, subject to the provisions of this Act and on payment of such
fees as may be prescribed in this behalf, be entitl ed to have his name
registered in Part-III of the register subject to s uch conditions as may be
prescribed.
10 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 196 8
(3) No person shall be entitled under this section to have his name
entered in the Register if he is a minor.
(4) Every person whose name is entered immediately before the
appointed day in the register maintained under sect ion 15 of the Punjab
Ayurvedic and Unani Practitioners Act, 1963 (Punjab Act 42 of 1963), as
inforce in the transferred territory, shall, subjec t to the provisions of this Act,
be deemed to be registered as a practitioner under this Act and accordingly his
name shall be entered in the appropriate part of th e register maintained under
this Act.
1[Provided that in the case of persons who were regi stered under the
Punjab Ayurvedic and Unani Practitioners Act, 1963 (42 of 1963) and have to
be re-entered under this sub-section shall be liabl e for payment of such fee as
may be prescribed in this behalf.
(5) The registration of persons entered in the regi ster under this
section shall be valid for a period of three years from the date of entry in the
register and after every three years, it shall be r enewable on payment of such
fee in such manner as may be prescribed in this behalf.]
16. Power of the Board to prohibit entry in or to d irect removal
from register etc .- (1) The Board may prohibit the entry in, or orde r the
removal from the register of the name of any practitioner,-
(a) who has been sentenced by a criminal court to imprisonment for
such offence involving moral turpitude as may be de clared by
the 2[Government of Himachal Pradesh]; or
(b) whom the Board, after proper inquiry either ma de by itself or
by a committee appointed for the purpose by the Boa rd from
out of its members, has found guilty of professional misconduct
or other infamous conduct by a majority of at least two-thirds of
the members present and voting at the meeting of the Board.
(2) The Board may direct that the name of any perso n against whom
an order has been passed under sub-section (1) shal l be entered or re-entered,
as the case may be, after having satisfied itself t hat due to lapse of time or
otherwise the disability mentioned in sub-section ( 1) has ceased to have any
force.
17. Procedure in inquiries .- For the purposes of any inquiry held
under clause (b) of sub-section (1) of section 16, the Board or a committee
appointed by the Board shall be deemed to be a cour t within the meaning of
the Indian Evidence Act, 1872 (1 of 1872), and shall, so for as may be, follow
procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908).
1. Proviso and sub-section (5) added vide H. P. Act No. 14 of 1978 (Sec. 4)
2. Subs. for "Administrator" by A. O. 1973.
11 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 196 8
18. Appeal to Board from decision of Registrar and other powers
of Board .- (1) Any person aggrieved by the decision of the Registrar
regarding the registration of any person or any ent ry in the register may, on
payment of such fees as may be prescribed, appeal to the Board.
(2) An appeal under sub-section (1) shall be filed within sixty days of
the passing of the order appealed against after exc luding the time spent in
obtaining a copy thereof and shall be heard and dec ided by the Board in the
manner prescribed.
(3) The Board may, on its own motion or on the appl ication of any
person, after due and proper enquiry and after affo rding the person concerned
an opportunity of being heard, cancel or alter any entry in the register if in the
opinion of the Board, such entry was fraudulently or wrongly made.
19. Qualified practitioner's certificate .- Notwithstanding anything
in any law for the time being in force,-
(a) the expression 'legally qualified medical pract itioner' or ‘duly
qualified medical practitioner' or any word importi ng a person
recognised by law as a medical practitioner or a me mber of the
medical profession shall in all Acts or other provi sions having
the force of law in the 1[State of Himachal Pradesh] and relating
to matters in List-II or List-III of the Seventh Sc hedule to the
Constitution of India, includes a practitioner registered in Part-I
or Part-II of the register;
(b) a certificate required by any Act to be issued by any medical
practitioner or medical officer shall be valid if s uch certificate
has been signed and issued by a practitioner regist ered in Part-I
or Part-II of the register;
Provided that a certificate of illness may also be signed
and issued by any practitioner registered in Part I II of the
register;
(c) a practitioner registered in Part-I or Part-II of the register shall
be eligible to hold any appointment as medical offi cer in any
Ayurvedic or Unani dispensary or hospital supported by or
receiving a grant from the Government and treating patients
according to the Ayurvedic system or Unani system o r in any
public establishment, body or institution dealing w ith any such
system; and
(d) a registered practitioner shall be entitled to use substances in
their crude or manufactured form or preparations co ntaining
such substances, provided their pharmaceutical acti on in
1. Subs. for "Union Territory of Himachal Pradesh" by A. O. 1973.
12 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 196 8
relation to such use is known to him according to t he
fundamental principles of those medicines.
20. Notice of death .- Every Registrar of Deaths on receiving notice of
the death of a registered practitioner shall forthw ith transmit by post to the
registrar 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 certificate and
transmission as an expense of his office.
21. Exemption from serving on inquests .- Notwithstanding anything
contained in any other law for the time being in fo rce, every registered
practitioner shall be exempted if, he so desires, f rom serving on any inquest
under the Code of Criminal Procedure, 1898 (5 of 1898).
22. Fees and allowances payable to members .- There shall be paid
to the members for attending meetings of the Board such fees and such
travelling and other allowances as may be prescribed.
23. Mode of proof of Board's records .- A copy of any proceeding,
receipt, application, plan, notice, entry in a regi ster or other document in the
possession of the Board shall, if duly certified by the Registrar or any other
person authorised by the Board in this behalf, be r eceived as prima facia
evidence of the existence of the entry or document and shall be admitted as
evidence of the existence of the entry or document and of the matters therein
recorded in every case where, and to the same exten t as, the original entry or
document would, if procured, have been admissible to prove such matters.
24. Fees for the issue of copies of orders, entries in register, etc .-
Copies of any order passed by the Board or the Registrar or of any entry in the
register shall be supplied on payment of such fees as may be prescribed.
25. Fees received by the Board .- All moneys received by the Board
as fees under this Act shall be applied for the pur poses of this Act in the
prescribed manner.
26. Publication of list of practitioners .- (1) The Registrar shall at
least once in every five years on or before a date to be fixed by the Board
cause to be printed and published a correct list of the names and qualifications
of all practitioners for the time being entered in the register and the dates
when such qualifications were acquired.
(2) In any proceeding, whether before a court or ot herwise, it shall be
presumed that every person entered in such list is a registered practitioners
and that any person not so entered is not a registered practitioner.
27. Penalty for unlawful assumption of title of reg istered
practitioner .- Whoever wilfully and falsely assumes or uses any title or
description or any addition to his name implying th at he is a registered
practitioner shall be punishable for the first offe nce with imprisonment which
may extend to six months or with fine which may ext end to two hundred and
13 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 196 8
fifty rupees or with both and for every subsequent offence with imprisonment
which may extend to two years or with fine which may extend to five hundred
rupees or with both.
28. Selling medicines by hawking etc. to be an offe nce .- No
practitioner whether registered or not, shall sell any Medicine of the
Ayurvedic system or Unani system in a public place as a hawker or by
assembling a majma.
29. Prohibition to practise .- No person other than a registered
practitioner, shall, from such date 1 as may be specified by the 2[Government
of Himachal Pradesh] by notification in the Officia l Gazette, practise or hold
himself out, whether directly or by implication, as practising or as being
prepared to practise Ayurvedic system or Unani system.
30. Penalty .-Any person, who contravenes the provisions of sec tion
28 or section 29, shall, on conviction, be punishab le with fine which may
extend to two hundred rupees.
31. Power to amend Schedule-I .- The 3[Government of Himachal
Pradesh] may, by notification, amend Schedule-I so as to add thereto or omit
therefrom any qualification, and thereupon the Schedule shall be deemed to be
amended accordingly.
32. Control of the 4[Government of Himachal Pradesh] .- If at any
time it appears to the 5[Government of Himachal Pradesh] that the Board has
neglected to exercise, or has exceeded or abused any powers conferred upon it
under this Act or has neglected to perform any duty imposed upon it by this
Act, the 6[Government of Himachal Pradesh] may communicate th e
particulars of such neglect, excess or abuse to the Board; and if the Board fails
to remedy such neglect, excess or abuse within such time as may be fixed by
the 7[Government of Himachal Pradesh] in this behalf, th e 8[Government of
Himachal Pradesh] may, for the purpose of remedying such neglect, excess or
abuse, cause any of the powers and duties of the Bo ard to be exercised and
performed by such agency and for such period as the 9[Government of
Himachal Pradesh] may think fit.
1. For such date see Not. No. 11.4/71.H.& F.P., dat ed 12-11-1971.
2. Subs. for "Administrator" by A. O. 1973.
3. Subs. for "Administrator" by A. O. 1973.
4. Subs. for "Administrator" by A. O. 1973.
5. Subs. for "Administrator" by A. O. 1973.
6. Subs. for "Administrator" by A. O. 1973.
7. Subs. for "Administrator" by A. O. 1973.
8. Subs. for "Administrator" by A. O. 1973.
9. Subs. for "Administrator" by A. O. 1973.
14 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 196 8
33. Court competent to try offence and cognizance o f offences .-
(1) No court other than the court of a Magistrate o f the First Class shall take
cognizance of, or try, an offence under this Act.
(2) No court shall take cognizance of any offence u nder section 9 of
this Act except on a complaint in writing of an off icer empowered by the
1[Government of Himachal Pradesh] in this behalf.
(3) A police officer may arrest without warrant any person who
commits an offence punishable under sections 27 and 28 of this Act.
34. Protection of action taken in good faith. - No suit, prosecution or
other legal proceeding shall lie against any person for anything which is in
good faith done or intended to be done under this A ct or under rules or
regulations made thereunder.
CHAPTER-III
DISPUTES REGARDING ELECTIONS
35. Definitions .- In this Chapter, unless the context otherwise
requires,-
(a) "agent" means any person appointed in writing by a candidate at
an election to be his agent for the purposes of his election with
the written consent of such person;
(b) "candidate" means a person who has been or cla ims to have
been duly nominated as a candidate at an election, and any such
person shall be deemed to have been a candidate as from the
time when, with the election in prospect, he began to hold
himself out as a prospective candidate;
(c) "corrupt practice" means any of the practices specified in
Schedule II;
(d) "costs" means all costs, charges and expenses of, or incidental
to, a trial of an election petition;
(e) "election" means an election to fill the offic e of a member;
(f) "electoral right" means the right of a person to stand or not to
stand as, or to withdraw from being, a candidate or to vote or
refrain from voting at an election; and
(g) "pleader" means any person entitled to appear and plead for
another in a civil court, and includes an advocate.
36. Election petitions .- No election shall be called in question except
by an election petition presented in accordance wit h the provisions of this
Chapter.
1. Subs. for "Administrator" by A. O. 1973.
15 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 196 8
37. Presentation of petitions .- (1) Any registered practitioner may
within a period of thirty days from the date on whi ch the election of any
member is notified under sub-section (5) of section 3 and on furnishing the
prescribed security in the prescribed manner, prese nt on one or more of the
grounds specified in sub-section (1) of section 49 to the prescribed authority
an election petition in writing against the election of such member.
(2) The election petition shall be deemed to have b een presented to
the prescribed authority,-
(a) when it is delivered to the prescribed authori ty,-
(i) by the person making the petition; or
(ii) by a person authorised in writing in this beh alf by the
person making the petition; or
(b) when it is sent by registered post and is deli vered to the
prescribed authority.
38. Contents of petition .- (1) An election petition,--
(a) shall contain a concise statement of the mater ial facts on which
the petitioner relies;
(b) shall set forth full particulars of any corrup t practice that the
petitioner alleges, including as full a statement a s possible of
the names of the parties alleged to have committed such corrupt
practice and the date and place of the commission o f such
practice; and
(c) shall be signed by the petitioner and verified in the manner laid
down in the Code of Civil Procedure, 1908 (5 of 190 8), for the
verification of pleadings:
Provided that where the petitioner alleges any corr upt practice, the
petition shall also be accompanied by an affidavit in the prescribed form in
support of the allegation of such corrupt practice and the particulars thereof.
(2) Any schedule or annexure to the petition shall also be signed by
the petitioner and verified in the same manner as the petition
39. Procedure on receiving election petition .- If the prescribed
security is not furnished in the prescribed manner or the petition is not
presented within the period specified in section 37 , the prescribed authority
shall dismiss the petition:
Provided that the petition shall not be dismissed w ithout giving the
petitioner an opportunity of being heard.
40. Power of Director to withdraw and transfer peti tions .- The
Director may, at any stage after notice to parties and for reasons to be
recorded, withdraw any election petition pending before a prescribed authority
16 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 196 8
and transfer it for trial to another prescribed authority; and upon such transfer,
that prescribed authority shall proceed with the trial from the stage at which it
was withdrawn:
Provided that such authority may, if it thinks fit, recall and re-examine
any of the witnesses already examined
41. Procedure before the prescribed authority .- (1) Subject to the
provisions of this Act and of any rules made thereu nder, every election
petition shall be tried by the prescribed authority , as nearly as may be, in
accordance with the procedure applicable under the Code of Civil Procedure,
1908 (5 of 1908), to the trial of suits:
Provided that the prescribed authority shall have t he discretion to
refuse for reasons to be recorded to examine any wi tness or witnesses, if it is
of the opinion that their evidence is not material for the decision of the
petition or that the party tendering such witness o r witnesses is doing so on
frivolous grounds or with a view to delay the proceedings.
(2) The provisions of the Indian Evidence Act, 1872 (1 of 1872), shall
subject to the provisions of this Act, be deemed to apply in all respects to the
trial of an election petition.
42. Appearance before prescribed authority .- Any appearance
application or act before the prescribed authority may be made or done by the
party in person or by pleader duly appointed to act on his behalf:
Provided that it shall be open to the prescribed au thority to direct any
party to appear in person whenever the prescribed a uthority considers it
necessary.
43. Power of the prescribed authority .- The prescribed authority
shall have the powers which are vested in a court u nder the Code of Civil
Procedure, 1908 (5 of 1908), when trying a suit in respect of the following
matters:-
(a) discovery and inspection;
(b) enforcing the attendance of witnesses and requ iring the deposit
of their expenses;
(c) compelling the production of documents;
(d) examining witnesses on oath;
(e) granting adjournments;
(f) reception of evidence taken on affidavit; and
(g) issuing commissions for the examination of wit nesses; and may
summon and examine suo moto any person whose eviden ce
appears to it to be material; and shall be deemed t o be a civil
17 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 196 8
court within the meaning of sections 480 and 482 of the Code
of Criminal Procedure, 1898 (5 of 1898).
Explanation ,- For the purpose of enforcing the attendance of
witnesses, the local limits of the jurisdiction of the prescribed authority shall
be the limits of the 1[State of Himachal Pradesh].
44. Documentary evidence .- Notwithstanding anything in any
enactment to the contrary, no document shall be ina dmissible in evidence at
the trial of an election petition on the ground tha t it is not duly stamped or
registered.
45. Secrecy of voting not to be infringed .- No witness or other
person shall be required to state for whom he has voted at an election.
46. Answering of criminating questions and certific ates of
indemnity .- (1) No witness shall be excused from answering a ny question as
to any matter relevant to a matter in issue in the trial of an election petition
upon the ground that the answer to such question ma y criminate or may tend
to criminate him, or that it may expose or may tend to expose him to any
penalty or forfeiture:
Provided that,-
(a) a witness who answers truly all questions whic h he is required
to answer shall be entitled to receive a certificat e of indemnity
from the prescribed authority; and
(b) an answer given by a witness to a question put by or before the
prescribed authority shall not, except in the case of any criminal
proceeding for perjury in respect of the evidence, be admissible
in evidence against him in any civil or criminal proceeding.
(2) When a certificate of indemnity has been granted to any witness, it
may be pleaded by him in any court and shall be a f ull and complete defence
to or upon any charge under Chapter IX-A of the Ind ian Penal Code (45 of
1860), arising out of the matter to which such certificate relates but it shall not
be deemed to relieve him from any disqualification in connection with any
election imposed by this Act or any other law.
47. Expenses of witnesses .- The reasonable expenses incurred by any
person in attending to give evidence may be allowed by the prescribed
authority to such person and shall unless the presc ribed authority otherwise
directs, be deemed to be part of the costs.
48. Decision of the prescribed authority .- (1) Where an election
petition has not been dismissed under section 39, t he prescribed authority
shall enquire into the election petition and at the conclusion of the inquiry
shall make an order,-
1. Subs for "Union Territory of Himachal Pradesh" b y A. O. 1973.
18 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 196 8
(a) dismissing the election petition; or
(b) setting-aside the election.
(2) At the time of making an order under sub-sectio n (1) the
prescribed authority shall also make an order,-
(a) where any charge is made in the petition of an y corrupt
practice having been committed at the election, recording,-
(i) a finding whether any corrupt practice has not been
proved to have been committed at the election and t he
nature of that corrupt practice; and
(ii) the names of all persons, if any, who have be en proved at
the trial to have been guilty of any corrupt practi ce and
the nature of that practice; and
(b) fixing the total amount of costs payable and s pecifying the
persons by and to whom costs shall be paid:
Provided that a person who is not a party to the pe tition shall not be
named in the order under sub-clause (ii) of clause (a) unless,-
(i) he has been given notice to appear before the p rescribed
authority and to show cause why he should not be so named;
and
(ii) if he appears in pursuance of the notice, he has been given an
opportunity of cross examining any witness who has already
been examined by the prescribed authority and has g iven
evidence against him, of calling evidence in his de fence and of
being heard.
49. Grounds for setting-aside election .- (1) If the prescribed
authority is of the opinion,-
(a) that on the date of his election the elected p erson was not
qualified or was disqualified, to be elected under this Act; or
(b) that any corrupt practice has been committed b y the elected
person or his agent or by any other person with the consent of
the elected person or his agent; or
(c) that any nomination has been improperly reject ed; or
(d) that the result of the election, in so far as it concerns the elected
person, has been materially affected,-
(i) by the improper acceptance of any nomination; or
(ii) by the improper reception, refusal or rejecti on of any vote
or the reception of any vote which is void; or
19 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 196 8
(iii) by any non-compliance with the provisions of this Act or
any rules made thereunder; the prescribed authority shall
set-aside the election of the elected person.
(2) When an election has been set aside under sub-s ection (1), a fresh
election shall be held.
50. Abetment of election petitions .- An election petition shall abate
only on the death of a sole petitioner or of the survivor of several petitioners.
51. Costs, payment of cost out of security deposits and return of
such deposits .- (1) Costs including pleader's fee shall be in th e discretion of
the prescribed authority.
(2) If in any order as to costs under the provision s of this Chapter
there is a direction for payment of costs by any party to any person, such costs
shall, if they have not been already paid, be paid in full or so far as possible,
out of the security deposit made by such party unde r this Chapter, on an
application made in writing in that behalf within a period of one year from the
date of such order to the Director by the person in whose favour the costs have
been awarded.
(3) If there is any balance left of the security de posit under this
Chapter after payment under sub-section (2) of the costs referred to in that
sub-section, such balance, or where no costs have b een awarded or no
application as aforesaid has been made within the s aid period of one year, the
whole of the said security deposit may, on an appli cation made in that behalf
in writing to the Director by the person by whom th e security has been
deposited, or if such person dies after making such deposit, by the legal
representatives of such person, be returned to the said person or to his legal
representatives, as the case may be.
52. Execution of orders as to costs .- Any order as to costs under the
provisions of this Chapter may be produced before t he principal civil court
within the local limits of whose jurisdiction any person directed by such order
to pay any sum of money has a place of residence or business and such court
shall execute the order or cause the same to be exe cuted in the same manner
and by the same procedure as if it were a decree fo r the payment of money
made by itself in a suit:
Provided that where any such costs or any portion t hereof may be
recovered by an application made under sub-section (2) of section 51, no
application shall lie under this section within a p eriod of one year from the
date of such order unless it is for the recovery of the balance of any cost
which has been left unrealised after an application has been made under that
sub-section owing to the insufficiency of the amoun t of the security deposit
referred to in that sub-section.
53. Corrupt practices entailing disqualification .- The corrupt
practices shall entail disqualification for membership of the Board for a period
20 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 196 8
of five years counting from the date on which the f inding of the prescribed
authority as to such practice has been given:
Provided that the 1[GovernmenExcerpt shown. Open the full act in Lexace.