The Kerala Ayurveda Health Centres (Issue of Licence and Control) Act 2007

                                           [Translation in English of “ 2007-ലല
കകേരള  ആയയുര്‍കവേദ  ആകരരോഗഗ്യകകേന്ദ്രങ്ങള്‍  (അഅംഗഗീകേരോരപതഅം  നല്‍കേലയുഅം
നനിയനനിക്കലയുഅം) ആകക" published under the authority of the Governor.]
 ACT No. 28 OF 2007
THE KERALA AYURVEDA HEALTH CENTRES
(ISSUE OF LICENCE AND CONTROL)
ACT, 2007 *
to provide for the issue of licence to Ayurveda Health Centres in the State and to
control their function.
Preamble.—WHEREAS, it is expedient to provide for the issue of licence to
Ayurveda Health Centres in the State and to control their function;
BE it enacted in the Fifty-eighth Year of the Republic of India as follows:—
1. Short title, extent and commencement .—(1) This Act may be called the
Kerala Ayurveda Health Centres (Issue of Licence and Control) Act, 2007.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force from such date as the Government may by
notification in the Gazette, appoint.
CHAPTER I
PRELIMINARY
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Ayurveda Health Centre” means an establishment or premises by
whatever name be known to provide Ayurveda treatment but does not include the
establishments under the direct ownership or management of the Government and
the dispensaries conducted by the Ayurveda Medical Practitioner only for the
mere diagnosis and distribution of medicines or the agencies selling the medicine;
* Received the assent of the Governor on the 13th day of October, 2007 and published in the Kerala Extraordinary 
Gazette No. 1862 dated 15th October, 2007.
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(b) “Director” means the Director of Department of Indian System of
Medicine under the Government of Kerala;
(c) “Government” means the Government of Kerala;
(d)  “Local  Self  Government  Institution”  means  a  Village  Panchayat
constituted under the Kerala Panchayat Raj Act, 1994 (13 of 1994), or a
Municipality constituted under the Kerala Municipality Act, 1994 (20 of 1994);
(e) “Manager” means the owner or the person responsible for the
administration and management of an Ayurveda Health Centre;
(f) “Masseur/Therapist” means a person employed for the treatment as
directed by a registered Medical Practitioner in an Ayurveda Health Centre and
having recognised qualifications as prescribed;
(g) “Nurse” means a person employed for nursing duty in an Ayurveda
Health Centre and having equivalent qualification, as prescribed;
(h) “Prescribed” means prescribed by rules made under this Act;
(i) “Licence” means the licence issued by the Director after conducting
necessary inspections as specified in this Act;
(j)  “Medical  Practitioner”  means  an  Ayurveda  Medical  Practitioner
registered under the Travancore-Cochin Medical Practitioners Act, 1953 (9 of
1953) or Indian Medicine Central Council Act, 1970 (Central Act 48 of 1970);
(k) “State” means the State of Kerala;
(l) “Treatment” means all types of treatments provided as per Ayurveda
system of treatment, for the cure of any particular disease or improving the
health of any person.
CHAPTER II
ISSUE OF LICENCE AND CONTROL
3.  Issue of licence to Ayurveda Health Centres .—(1) No person shall run
any Ayurveda Health Centre within the jurisdiction of a Local Self Government
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Institution after the commencement of this Act without a licence issued under
section 6 of this Act in addition to the licence issued from the Local Self
Government Institution.
(2) In the case of an Ayurveda Health Centre functioning, within the
jurisdiction  of  any  Local  Self  Government  Institution,  at  the  time  of
commencement of this Act, shall obtain licence under this Act within six months
from the date of commencement of this Act and if fails to obtain such licence or
to apply for such licence, such Centre shall not continue to function after the
above said period of six months.
(3) The period of licence issued under section 6 shall be for three years
from the date of its receipt and the same shall be renewed after every three
years.
4.  Conditions for the issue of licence .—(1) Based on the facilities of
treatment in the Ayurveda Health Centres, they are classified into three as
category (A), category (B) and category (C) and the facilities to be available
there shall be as follows, namely:—
I. Category (A)
(i)  The  patients  shall  have  convenient  accommodation  facility  in
separate rooms or ward;
(ii) There shall be treatment rooms in the proportion one for fifteen
beds;
(iii) The treatment room shall have an area of at least 100 Square feet
and bathroom and toilet facilities shall be attached thereto;
(iv) There shall be a ‘dhroni’ having at least 7 feet length and 2 ½
feet width in the treatment room;
(v) Drinking water, air and light shall be available in the treatment
room;
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(vi) Stove and hygienic accessory equipments shall be available in the
treatment room;
(vii) There shall be a Medical Practitioner’s consultation room with
equipments such as examination tables, stethoscope and B. P. Apparatus;
(viii) Scientifically made Vasthi Yanthra and necessary utensils shall be
available;
(ix) There shall be at least one registered Medical Practitioner of full-
time service;
(x) There shall be at least two male therapists/masseurs and two
female therapists/masseurs and the proportion of therapists/masseurs shall be
increased according to the number of treatment room, as prescribed;
(xi) There shall be a nurse for full-time service in an Ayurveda Health
Centre and if it exceeds ten beds, there shall be nurses in the proportion one for
ten;
(xii) Necessary employees shall be there for cleaning work, etc.;
(xiii) There shall be a responsible Manager in the treatment centre.
II. Category (B)
(i) The treatment room shall have an area of at least 100 Square feet
and bathroom and toilet facilities shall be attached thereto;
(ii) There shall be a ‘dhroni’ having at least 7 feet length and 2½ feet
width in the treatment room;
(iii) Drinking water, air and light shall be available in the treatment
room;
(iv) Stove and hygienic accessory equipments shall be available in the
treatment room;
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(v) There shall be a Medical Practitioner’s consultation room with
equipments such as examination tables, stethoscope and B. P. Apparatus etc.;
(vi) There shall be at least one male therapist/masseur and a female
therapist/masseur and the proportion of therapists/masseur shall be increased
according to the number of treatment rooms, as prescribed;
(vii) The service of a Registered Medical Practitioner shall be available
during working hours.
III. Category (C)
(i) The treatment rooms shall have an area of at least 100 Square feet
and bathroom and toilet facilities shall be attached thereto;
(ii) There shall be a ‘dhroni’ or ‘long table’ having at least 7 feet in
length and 2½ feet width in the treatment room;
(iii) Drinking water, air and light shall be available in the treatment
room;
(iv) Stove and hygienic accessory equipments shall be available in the
treatment room;
(v) There shall be a Medical Practitioner’s consultation room with
minimum  equipments  such  as  examination  tables,  stethoscope  and  B.  P.
Apparatus.;
(vi) There shall be at least one male therapist/masseur and a female
therapist/masseur and the proportion of therapist/masseur shall be increased
according to the number of treatment rooms, as prescribed;
(vii) The service of a Registered Medical Practitioner shall be available
during working hours.
Explanation:—Independent Health Centres shall not include in category
‘(C)’.   But  may  include  the  Health  Centres  functioning  along  with  other
establishments.
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(2) Inpatient treatment shall not be carried out in Ayurveda Health
Centres included in category (B). Complicated treatments and ‘Panchakarma’
treatments such as, ‘Vamanam’, ‘Virechanam’, ‘Vasthy’ and ‘Nasyam’ shall not
be carried out in the Ayurveda Health Centres included in category (C) but
massaging and Udvarthanam can be carried out.
(3) The following general conditions shall apply to all categories of
Ayurveda Health Centres, namely:—
(i) The therapist/masseur shall wear uniform, as prescribed during
working hours;
(ii) The treatment of male patients who come to a centre for treatment
shall be done only by male therapist/masseur and the treatment of female
patient shall be done only by female therapist/masseurs;
(iii) Only quality medicines shall be used in an Ayurveda Health Centre
for treatment and the components of the medicines shall be convinced to the
examiner;
(iv) The medicines and oils used for one patient shall not be used for
another patient and arrangement shall be made in such Ayurveda Health Centre
for the destruction and disposal of the same and other wastes in such a manner
not harmful to the environment;
(v) Every Ayurveda Health Centre shall be established in healthy
surroundings only and shall be free from sound pollution, as far as possible;
(vi) The name, licence number, details of the licence and working
hours of each Ayurveda Health Centre shall be exhibited in the building or
premises where it is established in a manner clearly visible from outside;
(vii) Registers and case sheet as prescribed shall be kept for recording
details of the persons coming for treatment in an Ayurveda Health Centre;
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(viii)  Every  Ayurveda  Health  Centre  shall  exhibit  the  details  of
employees of that Centre, working hours, the methods of treatment provided
therein and the fees fixed for each item of treatment etc., as prescribed;
(ix) No Ayurveda Health Centre shall function in the vehicles used on
land or in water.  
5.  Powers and duties of the Director. —(1) The power to issue or renew
licence to any Ayurveda Health Centre shall be with the Director.
(2) The licence shall only be given on the basis of the report of
inspection and certification that the conditions specified under the provisions in
section 4 has been complied with, by a Committee of three members consisting of
the District Ayurveda Medical Officer of the district in which the establishment
situates, a senior Ayurveda Medical Officer of the district concerned, as suggested
by the Director and a Doctor in the Department of Kaya Chikilsa-Panchakarma of
any Government Ayurveda College as suggested by the Director of Ayurveda
Medical Education and it shall be specified in the licence, under which category
the Ayurveda Health Centre comes.
(3) The Director of the Inspection Committee referred to in sub-section
(2) shall have the power to enter in any Ayurveda Health Centre, on complaint
or suo motu and to inspect whether that Centre is following the conditions under
section 4.
(4) For the purpose of inspection under sub-section (2) or sub-section (3),
such officers shall have the power to require articles, registers, documents and to
discover them and to conduct necessary search.
(5) The Manager of an Ayurveda Health Centre shall have the duty and
responsibility to render all necessary assistance to the officers mentioned in sub-
section (2) to conduct inspection or search under this Act.
(6) Any person who does not render lawful assistance or obstructs the
officers mentioned in sub-section (2), for conducting inspection or search under
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this Act in an Ayurveda Health Centre, shall be deemed to have committed an
offence under this Act.
6.  Application for licence and fees. —(1) Every application for licence or
renewal of an Ayurveda Health Centre shall be submitted to the Director in the
prescribed form along with the fees as prescribed.
(2) The Director shall take decision on the application for licence or
renewal within the prescribed time.
7. Cancellation of licence .—(1) If it is found on any inspection conducted
under sub-section (3) of section 5, that an Ayurveda Health Centre is not
complying  or violating the conditions, the Director or the Medical Officer
authorised by him shall issue a notice specifying such default or defects to the
Manager of such Ayurveda Health Centre requiring him to rectify the same
within the time limit specifically mentioned therein.
(2) The Ayurveda Health Centre concerned shall rectify any defaults or
defects specified in the notice issued under sub-section (1) within the time limit
specified in that notice and the fact of such rectification shall be communicated
by the Manager of such Ayurveda Health Centre to the Officer, in writing, who
issued the notice under sub-section (1).
(3) On receipt of an intimation under-sub-section (2) that any defaults or
defects specified in the notice under sub-section (1) has been rectified within the
time limit specified in the notice, the officer mentioned in sub-section (1) shall
re-inspect such centre and confirm that the rectification has been carried out as
per the information.
(4) If it is proved that the concerned Ayurveda Health Centre has not
rectified the defaults or defects specified in the notice under sub-section (1) or
rejects such notice, the Director shall suspend the licence of such Ayurveda
Health Centre for a specified period and if it is found on inspection that the
defects are not rectified even after the said period, the Director shall cancel the
licence of such centre.
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8.  Penalty.—(1) Any person who establishes or conducts any Ayurveda
Health Centre without licence, in contravention of the provisions of this Act shall
on conviction, be punished with imprisonment not less than six months and with
fine which may extend to one lakh rupees.
(2) Any person who commits an offence under this Act, except those
mentioned in sub-section (1), shall, on conviction, be punished with fine, which
may extend to fifty thousand rupees.
9. Offences by companies.—(1) Where the offence committed under this Act
is a company, any person, who at the time of commission of the offence was in
charge of, and was responsible to the company for the conduct of its business,
shall be deemed to be guilty of the offence together with the company and shall
be liable to be proceeded against and punished accordingly.
Provided that nothing contained in this sub-section shall render any such
person liable to any punishment, if he proves that the offence was committed
without his knowledge, or that he had exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any
offence under this Act has been committed by a company and it is proved that
the offence has been committed with the connivance or neglect on the part of
any Director or Manager or Secretary or any other officer of the company, such
Director or Manager or Secretary or any other officer of the Company also shall
be deemed to be guilty of that offence and shall be liable to be proceeded
against and published accordingly.
Explanation:—For the purpose of this sub-section:—
(a) ‘Company’ means a body corporate and includes a firm or other
association of persons or an organisation or Co-operative Society.
(b) ‘Director’ in relation to a firm means a partner in the firm.
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10. Cognizance of offence. —No court shall take cognizance of an offence
punishable under this Act except on a report specifying the facts constituting
such offence, made by the Director or an officer not below the rank of the
District Medical Officer of Indian Systems of Medicine in this behalf.
11. Appeal.—(1) Any person aggrieved by an order of the Director, passed
under this Act, may prefer an appeal before the Government within thirty days
from the date of receipt of such order, and the Government shall, after giving
the appellant an opportunity of being heard, pass an order confirming, modifying
or cancelling the order subjected to appeal, as they deem fit.
(2) The order passed by the Government under sub-section (1) shall be
final.
CHAPTER III
MISCELLANEOUS
12. Power to make rules .—(1) The Government may, by notification in the
Gazette, make rules, either prospectively or retrospectively to carry out all or
any of the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
power such rules may provide for all or any of the following matters, namely:—
(a) all matters expressly required or permitted by this Act to be
prescribed.
(b) any other matter which is to be or may be prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be after
it is made, before the Legislative Assembly while it is in Session for a total
period of fourteen days which may be comprised in one Session, or in two
successive Sessions, and if, before the expiry of the Session in which it is so laid
or  the  Session  immediately  following,  the  Legislative  Assembly  makes  any
modification in the rule or decides that the rule should not be made, the rule
shall be thereafter have effect only in such modified form or be of no effect, as
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the case may be; so however that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.
13.  Power to remove difficulties .—(1) If any difficulty arises in giving
effect to the provisions of this Act, the Government may, as the occasion may
require, by order, do anything not inconsistent with the provisions of this Act
which appear to them necessary or expedient for removing the difficulty:
Provided that no such order shall be passed after two years from the date
of commencement of this Act.
(2) Every order issued under this section shall be laid before the
Legislative Assembly as soon as may be after it is made.
14. Repeal and saving .—(1) The Kerala Ayurveda Health Centres (Issue of
Licence and Control) Ordinance, 2007 (43 of 2007) is hereby repealed.
(2) Notwithstanding such repeal, anything done or deemed to have been
done or any action taken or deemed to have been taken under the said Ordinance
shall be deemed to have been done or taken under this Act.

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