LexThe Maharashtra Acupuncture System of Therapy Act, 2015.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2017 : Mah. XXV] 1
THE MAHARASHTRA ACUPUNCTURE SYSTEM OF
THERAPY ACT, 2015
[Text as on 9th November 2023]
____________
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
CONSTITUTION OF THE COUNCIL AND ITS INCORPORATION
3. Constitution of the Council and its incorporation.
4. Term of office.
5. Casual vacancies.
6. Casual vacancy of President.
7. Resignation.
8. Disqualification.
9. Meetings of Council.
10. Proceedings of meetings and validity of acts .
11. Executive Committee and other committees.
12. Income and expenditure of Council.
13. Registrar.
14. Other employees of Council.
CHAPTER III
POWERS, FUNCTIONS AND DUTIES OF THE COUNCIL
15. Powers, functions and duties of Council.
16. Permission for establishment of new institutions, new course of study, etc.
17. Non-recognition of qualification in certain cases.
18. Time for seeking permission for certain existing Acupuncture institutions.
CHAPTER IV
PREPARATION AND MAINTENANCE OF REGISTER
19. Preparation of Register.
20. Persons entitled to be registered.
21. Application for registration.
22. Power of Council to refuse registration or to remove name from Register in certain cases.
23. Cancellation of fraudulent and incorrect entries.
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CHAPTER V
OFFENCES AND PENALTIES
24. Penalty on unregistered person pretending to be registered.
25. Penalty for failure to surrender certificate of Registration.
26. Prohibition of unauthorized conferment of degree, diploma, etc. and penalty for such
conferment.
27. Penalty for improper assumption of Acupuncture qualifications.
28. Publication and use of registration list.
29. Cognizance of offences.
CHAPTER VI
MISCELLANEOUS
30. Certain privileges of persons enrolled on Parts A and B of the Register.
31. Control of manufacture, storage and sale of Acupuncture instruments.
32. Bar of suit or other legal proceedings.
33. Appeal.
34. Finance and audit.
35. Power to make rules.
36. Power to make regulations.
37. Publications of regulations.
38. Furnishing reports and information to Government.
39. Directions by Government.
40. Power to supersede the Council.
41. Removal of difficulties.
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LIST OF AMENDMENT ACTS
1. Amended by Mah. 17 of 2018
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MAHARASHTRA ACT No. XXV OF 20171
[THE MAHARASHTRA ACUPUNCTURE SYSTEM OF THERAPY ACT, 2015.]
[This Act received the assent of the President on the 15th March 2017;
assent first published in the Maharashtra Government Gazette,
Part IV, on the 3rd April 2017.]
An Act to provide for the development of the acupuncture system of therapy, by regulating
the teaching and practice thereof and to deal with certain other matters connected
therewith or incidental thereto.
WHEREAS it is expedient to provide for the development of the Acupuncture system of therapy,
by regulating the teaching and practice thereof and for matters connected therewith or incidental
thereto; it is hereby enacted in the Sixty-sixth Year of the Republic of India as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. — (1) This Act may be called the Maharashtra
Acupuncture System of Therapy Act, 2015.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such date 2as the State Government may, by notification in the
Official Gazette, appoint.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “Acupuncture” means the Acupuncture System of Therapy recommended by the World
Health Organization and includes Cupping (an auxiliary method of creating vacuum on some
particular Acu point or area with a cup like substance made of Bamboo or Glass or Plas tic or
Rubber), Pressure (applying pressure by any finger or blunt round object on Acu point where
Needle puncture is not possible), Seven star needle (Seven or Five number of Acu needle
embedded at an end of a stick to tap on Acu point or specific area or line), Acupuncture Electro
Stimulation (applying low intensity electrical stimulation at Acu point), Acu laser (applying low
intensity laser at Acu point), Catgut Embedding (Implanting surgical Catgut at Acu point), and
such other methods as may be notifi ed, on the recommendation of the Maharashtra Council of
Acupuncture, by the State Government ;
(b) “Acupuncture institution” means any institution which conducts or offers courses of
study and training in Acupuncture ;
(c) “affiliated Acupuncture institu tion” means an Acupuncture institution affiliated to the
Council ;
(d) “Acupuncture practitioner” means a person who is engaged in the practice of
Acupuncture System of Therapy;
(e) “Acupuncture personnel” means persons engaged in assisting a registered Acupuncture
practitioner in the practice of Acupuncture ;
(f) “admission capacity” means the maximum number of students that may be fixed by the
Council, from time to time, for being admitted to a course of study or training in Acupuncture
conducted by an Acupuncture institution;
1 For Statement of Objects and Reasons (in English) see Maharashtra Government Gazette , Part V -A, Extraordinary
No. 49, dated the 8th December 2015, page 19.
2 1st July 2017, vide G.N., M.E. and D.D., No. ACU. 0516/C.R.15/Acts, dated 1 st July 2017, published in M.G.G.,
Part IV-B. Extraordinary No. 194, dated 1st July 2017.
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(g) “Certificate” means a certificate awarded by the Council on completion of such course
of study and training and of such duration as may be prescribed by the Council in accordance
with the guidelines of the World Health Organization;
(h) “Council” means the Maharashtra Council of Acupuncture constituted under section 3 ;
(i) “Diploma” means a diploma awarded by the Council on completion of such course of
study and training and of such duration, as may be prescribed by the Cou ncil in accordance with
the guidelines of the World Health Organization ;
(j) “Degree” means a degree awarded by the Maharashtra University of Health Sciences on
completion of such course of study and training in Acupuncture and of such duration, not
inconsistent with the guidelines of the World Health Organization issued in that behalf, as may be
prescribed as per the provisions of the Maharashtra University of Health Sciences Act, 1998
(Mah. X of 1999);
(k) “Eligibility test” means an examination in Acup uncture of such nature and standard as
that of the examination held by the Council for the award of a diploma; held or caused to be held
only once by the Council, for the purpose of registration under this Act, immediately after the
commencement of this Act on such date as the Council may determine ;
(l) “Government” or “State Government” means the Government of Maharashtra;
(m) “Member” means a Member of the Council ;
(n) “prescribed” means prescribed by rules ;
(o) “President” means the President of the Council ;
(p) “recognized Acupuncture qualification” means a qualification in Acupuncture system of
therapy recognized by the Council ;
(q) “recognized research institute” means an institute which conducts research in or related
to Acupuncture and recognized by the Council ;
(r) “Register” means the Registers of Acupuncture practitioners and Acupuncture personnel
maintained under this Act ;
(s) “Registered Acupuncture practitioner” means an Acupuncture practitioner registered
under the provisions of this Act ;
(t) “Registered Acupuncture personnel” means an Acupuncture personnel registered under
the provisions of this Act ;
(u) “Registrar” means the Registrar of the Council appointed under section 13 ;
(v) “regulations” means the regulations made by the Council under this Act ;
(w) “rules” means the rules made by the State Government under this Act ;
(x) “section” means a section of this Act ;
(y) “Teacher” means any person appointed by an Acupuncture institution affiliated to, or
recognized by, the Council to hold a post in teaching ;
(z) “Vice-President” means the Vice-President of the Council.
CHAPTER II
CONSTITUTION OF THE COUNCIL AND ITS INCORPORATION
3. Constitution of the Council and its incorporation. — (1) The State Government may, by
notification in the Official Gazette, as soon as may be after the commencement of this Act, constitute
the Council to be called the Maharashtra Council of Acupuncture.
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(2) The Council shall be a body corporate, having perpetual succession and a common seal, with
power to acquire, hold, transfer or dispose of movable and immovable property, and to contract and
may by the name aforesaid sue and be sued.
(3) The Council shall consist of the following Members, namely :—
(a) five Members, who are citizens of India, elected from such constituencies and in such
manner as may be prescribed, by the Registered Acupuncture practitioners from amongst
themselves ;
(b) two Members nominated by the State Government from amongst the Registered
Acupuncture practitioners, both of whom shall be a citizen of India ;
(c) one Member nominated by the Maharashtra University of Health Sciences ;
(d) one Member nominated by the State Government from amongst the heads, called by any
name, of the affiliated Acupuncture institutions ;
(e) one Member nominated by the State Government from amongst the heads, called by any
name, of recognized research institutes.
(4) The election of t he Members referred to in clause ( a) of sub-section (3) shall be held at such
time and at such place and in such manner, as may be prescribed.
(5) If the nomination of a Member as per clause ( c) of sub -section ( 3) is not made by the
prescribed date, it sh all be lawful for the State Government to nominate a Registered Acupuncture
practitioner to fill up the vacancy.
(6) If at any election under clause ( a) of sub -section (3), the electors fail to elect the requisite
number of Members, it shall be lawful for the State Government to nominate such Registered
Acupuncture practitioner or practitioners as it deems fit, to fill up the vacancy or vacancies; and the
practitioners so nominated shall be deemed to have been duly elected under this section.
1[(7) Notwithstanding anything contained in the foregoing sub -sections or elsewhere in this Act,
in case of constitution of the council for the first time,—
(i) the members referred to in clause ( a) of sub -section (3) shall be nominated by the State
Government;
(ii) the members to be nominated by the State Government from various categories specified
in clauses ( b), (d) and ( e) shall also be nominated by the State Government irrespective of the
categories specified in said clauses:
Provided that, the nomination of members referred to in clause ( a) of sub-section (3) by the
State Government prior to the commencement of the Maharashtra Acupuncture System of
Therapy (Amendment) Act, 2018 (Mah. LXXIV of 2018) on the first Council shall be deemed to
have been made in ac cordance with the provisions of this sub -section, as amended by the said
Act.]
(8) The President and the Vice -President shall be elected by the Members of the Council from
amongst themselves at its first meeting after its reconstitution, at which quorum is present:
Provided that, the President and the Vice -President of the first Council shall be nominated
by the State Government :
Provided further that, a person, who holds or who has held the office as the President or
Vice-President, as the case may be , shall, subject to the other provisions of this Act, be eligible
for re-election to that office.
(9) Where any dispute arises regarding any election of a Member or the President or the Vice -
President, it shall be referred to the State Government, and the decision of the State Government shall
be final.
1 Sub-section (7) was substitute by Mah. 74 of 2018, s.2.
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4. Term of office. — (1) The Government shall, by notification in the Official Gazette, publish
the names of the Members, both elected and nominated.
(2) Save as otherwise provided by this Act, a Member whether elected or nominated, shall hold
office for a term of five years from the date of publication of the notification under sub-section (1).
(3) Save as otherwise provided by this Act, the President and the Vice -President shall hold the
office from the date of their election, till the day on which their term of office as Member expires.
(4) The term of office of an outgoing Member shall, notwithstanding anything contained in sub -
section (2), be deemed to extend to and expire with, the day immediately preceding the day on which
the names of the successor Members are published under sub-section (1).
(5) The term of office of an outgoing President or Vice -President shall, notwithstanding anything
contained in sub -section (3), be deemed to extend to and e xpire with, the day immediately preceding
the day on which the successor President or Vice-President, as the case may be, is elected.
(6) An outgoing Member shall be eligible for re-election or re-nomination.
(7) Leave of absence may be granted by the Co uncil to any Member for a period not exceeding
six months.
5. Casual vacancies.— (1) Any casual vacancy, before the expiry of the term of the office of the
President or the Vice-President or of a Member elected under clause (a) of sub-section (3) of section 3,
caused by reason of death, resignation, disqualification or disability or any other reason, shall be filled
by election :
Provided that, any such vacancy in the office of an elected Member occurring within six
months prior to the date on which the term of office of all the Members expires, shall not be
filled.
(2) Any casual vacancy, previous to the expiry of the term in the office of a Member nominated
under clauses ( b), ( c), ( d) and ( e) of sub -section ( 3) of section 3 shall be reported forthwith by the
Registrar to the State Government or the Maharashtra University of Health Sciences, as the case may
be, and shall, as soon as possible thereafter, be filled by the State Government or the Maharashtra
University of Health Sciences, as the case may be, by nomination.
(3) Any person elected under sub -section (1) or nominated under sub -section (2) to fill a casual
vacancy shall, notwithstanding anything contained in section 4, hold office only so long as the person,
in whose place he is elected or nominated, would have held office if the vacancy had not occurred.
6. Casual vacancy of President.— (1) If the President dies or resigns his office or ceases to hold
office, the Council shall elect another person from amongst themselves as a President and such
President shall hold office for the unexpired period of the term of office of the former President.
(2) Subject to the provisio ns of sub-section (1), in the event of the occurrence of any vacancy in
the office of the President under sub-section (1), the Vice-President shall discharge the functions of the
President until a new President is elected.
(3) When the President is unable to discharge the duties of his office owing to absence, illness or
any other cause, the Vice -President shall discharge the functions of the President until the date on
which the President resumes his duties.
7. Resignation.— (1) The President or Vice -President may, at any time, resign his office by a
notice in writing addressed to the Council and delivered to the Registrar. The resignation shall take
effect from the date on which it is accepted by the Council.
(2) An elected Member may at any time, resi gn his office by a notice in writing addressed to the
President. A nominated Member may at any time resign his office by a notice in writing addressed to
the Government or the Maharashtra University of Health Sciences, as the case may be. Every such
resignation shall take effect from the date on which it is accepted by the Government or the
Maharashtra University of Health Sciences, as the case may be.
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8. Disqualification.— (1) A person shall be disqualified for being elected or nominated as, and
for continuing as, a Member, if,—
(a) he is, or becomes of, unsound mind and stands so declared by a competent court ; or
(b) he is, or has been, convicted of any offence involving moral turpitude, which in the
opinion of the Government renders him unfit to be a Member of the Council ; or
(c) he is, or at any time has been, adjudicated as an un-discharged insolvent ; or
(d) his name has been removed from the register and has not been re-entered therein ; or
(e) he is an employee of the Council ; or
(f) he has directly or indirectly any share or interest in any contract with, by or on behalf of,
the Council ; or
(g) he has been dismissed from the service of the Union Government or a State Government
or a Panchayat or a Municipality on a charge of gross misconduct or an offence involving moral
turpitude ; or
(h) he is a person under the age of 21 years.
Explanation.— For the purposes of clause ( g), the words “Panchayat” and “Municipality” shall
have the same meaning as assigned to them in clause ( d) of article 243 and clause ( e) of article 243 -P
of the Constitution of India, respectively.
(2) If any Member absents himself from three consecutive meetings of the Council, without leave
of the Council or without such reason as may, in the opinion of the Council, be sufficient, the Council
may declare his seat vacant and take steps to fill the vacancy.
(3) If any Member becomes or is found to be subject to any of the disqualifications mentioned in
sub-section (1), the Council shall submit a report to the Government, and the Government, if satisfied
about the disqualification, shall declare his seat vacant.
9. Meetings of Council. — (1) The meetings of the Council shall be convened, held and
conducted in such manner as may be prescribed.
(2) No business shall be transacted at any meeting of the Council unless a quorum of five
Members is present.
(3) The President, when present, shall preside at every meeting of the Council. If at any meeting
the President is absent, the Vice -President, and in the absence of the President and the Vice -President,
some other Member elected by the Members present fro m amongst themselves, shall preside at such
meeting.
(4) All questions at the meeting of the Council shall be decided by a majority of votes.
(5) In case of an equality of votes, the presiding authority shall exercise a second or a casting
vote.
10. Pro ceedings of meetings and validity of acts .— (1) The proceedings of the discussion of
every meeting of the Council, shall be treated as confidential; and no person shall, without the previous
resolution of the Council, disclose any proceedings thereof :
Provided that, nothing in this section shall prohibit a person from disclosing or publishing
the text of a resolution adopted by the Council unless the Council directs such resolution also to
be treated as a confidential.
(2) No act or proceeding of the Council shall be invalid merely by reason of,—
(a) any vacancy in or any defect in, the constitution of the Council ; or
(b) any defect in the election or nomination of a person as a Member of the Council ; or
(c) any irregularity in the procedure of the Council not affecting the merits of the case :
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Provided that, the question whether such irregularity in procedure of the Council affects the
merits of the case or not, shall be decided by the President whose decision shall be final and
binding.
11. Executive Committee and other committees. — (1) The Council shall, as soon as may be,
constitute from amongst its Members an Executive Committee and other committees to perform such
functions, discharge such duties and exercise such powers as may be delegated by the Council.
(2) The Executive Committ ee shall consist of the President and the Vice -President as ex-officio
Members and three other Members elected by the Council in the prescribed manner from amongst
themselves.
(3) The President and the Vice -President of the Council shall be the President and the Vice -
President, respectively, of the Executive Committee.
(4) The Registrar shall act as the secretary to the Executive Committee.
(5) No business shall be transacted at any meeting of the Executive Committee unless a quorum
of three Members is present.
(6) A Member of the Executive Committee shall hold office until the expiry of his term of office
as a Member of the Council and he shall be eligible for re-election.
(7) A Member may resign his Membership of the Committee by writing under his hand addressed
to the President of the Committee and the consequent vacancy shall be filled by the Council by electing
from amongst themselves another Member, who shall not already be a Member of the Committee.
(8) The Executive Committee shall exercise such powers and perform such functions and
discharge such duties as may be prescribed.
12. Income and expenditure of Council.— (1) The income of the Council shall consist of,—
(a) fees received from the practitioners;
(b) any other sums, including donations, received by the Council :
Provided that, no donation shall be received by the Council from a foreign national, body,
agency, institution or Government without the previous approval of the State Government.
(2) It shall be competent for the Council to incur expenditure for the following purposes,
namely :—
(a) salaries and allowances of the Registrar and other staff maintained by the Council ;
(b) fees and allowances paid to the Members of the Council and the Executive Committee ;
(c) remuneration paid to the assessors ; and
(d) such other expenses as are necessary for exercising powers, performing functions and
discharging duties under this Act.
13. Registrar.— (1) The Council shall, with the previous sanction of the State Government,
appoint a Registrar possessing such qualifications as may be prescribed.
(2) The Executive Committee may, from time to time, grant leave to the Registrar :
Provided that, if the period of leave does not exceed 30 days, 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 Deputy Registrar shall act as Registrar. If the Registrar and the Deputy Registrar both are not
available, the Executive Committee may, with previous sanct ion of the State Government, appoint any
other 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 purposes of this Act :
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Provided that, when the period of such vacancy d oes not exceed 30 days, the appointment
may be made by the President, who shall forthwith report such appointment to the Executive
Committee and the State Government.
(4) The Council may with the previous sanction of the Government, suspend, dismiss or re move
any person appointed as Registrar, or impose any other penalty upon him :
Provided that, before passing any order under this sub -section, the Registrar shall be given
reasonable opportunity of being heard.
(5) Save as otherwise provided by this Act, the salary and allowances and other conditions of
service of the Registrar shall be such as may be prescribed.
(6) The Registrar shall be the ex-officio secretary and executive officer of the Council. He shall
also act as the secretary to other committees, if any, constituted by the Council.
(7) He shall attend all meetings of the Council, Executive Committee and other committees and
shall keep minutes of the meetings and names of the Members present and of the proceedings of such
meetings.
(8) The accounts of the Council shall be kept by the Registrar in the prescribed manner.
(9) The Registrar shall have such supervisory powers over the staff as may be prescribed and may
perform such other functions and discharge such other duties as may be specified in this Act or as may
be prescribed.
(10) The Registrar shall be deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code (XLV of 1860).
14. Other employees of Council. — (1) Apart from the Registrar, the Council may appoint one
or more Deputy Registrars and such other officers and servants as it may deem necessary and
expedient for performing functions and discharging duties under this Act:
Provided that, the number and des ignation of such officers and servants and their salaries
and allowances shall be determined by the Council, with the previous sanction of the
Government.
(2) Notwithstanding anything contained in sub -section (1) but subject to such financial limit as
may be laid down in this behalf by the Council, it shall be competent for the Executive Committee to
create posts of clerks and servants, and to make appointments thereto, for such periods as may be
prescribed to meet any temporary increase in work, or to carry out any work of seasonal character.
(3) The other conditions of service of officers and servants shall be such as may be prescribed.
(4) Officers and servants appointed under this Act shall be deemed to be public servants within
the meaning of section 21 of the Indian Penal Code (XLV of 1860).
CHAPTER III
POWERS, FUNCTIONS AND DUTIES OF THE COUNCIL
15. Powers, functions and duties of Council. — (1) Subject to the conditions as may be
prescribed by or under the provisions of this Act, the powers, functions and duties of the Council shall
be,—
(a) to maintain the register of Acupuncture practitioners and Acupuncture personnel under
this Act ;
(b) to hear and decide appeals from any decision of the Registrar ;
(c) to prescribe a code of ethics for regulating the professional conduct of Acupuncture
practitioners and Acupuncture personnel ;
(d) to regulate the conditions for grant of permission to es tablish an Acupuncture institution
and to start a new course of study or training leading to the award of any recognized qualification
by the Council, or to increase the intake capacity of such a course ;
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(e) to grant or refuse permission to establish an Acupuncture institution, start a new course
of study and training leading to the award of any recognized qualification by the Council, or
increase the intake capacity of such a course ;
(f) to regulate the conditions for grant of affiliation to Acupuncture institutions ;
(g) to grant or refuse affiliation to Acupuncture institutions or to withdraw such recognition,
after affording the authority of the institution a reasonable opportunity of being heard ;
(h) to regulate the conditions for grant of recogn ition of qualifications in Acupuncture and
of research institutions ;
(i) to grant or refuse recognition to research institutions and qualifications in Acupuncture or
to withdraw such recognition, after affording the authority of the institution a reasona ble
opportunity of being heard ;
(j) to provide for the inspection of affiliated and recognized institutions ;
(k) to reprimand a registered or an enlisted Acupuncture practitioner or Acupuncture
personnel, or to suspend or remove him from the register o r to take such other disciplinary action
against him as may, in the opinion of the Council, be necessary or expedient ;
(l) to call on the authority of an institution affiliated to the Council or of an institution
applying for affiliation to furnish, within such period as may be specified, such reports, returns or
other information as the Council may require to judge the efficiency of the institution ;
(m) to prescribe by regulations the courses of study and training in Acupuncture system of
therapy, not inconsistent with the recommendations of the World Health Organization issued in
that behalf, leading to the award of Diploma or Certificate by the Council ;
(n) to prescribe by regulations the scheme and syllabus, not inconsistent with the
recommendations of the World Health Organization issued in that behalf, of the Eligibility Test
held or caused to be held by the Council for the purpose of registration of Acupuncture
practitioners and Acupuncture personnel ;
(o) to hold examinations for the students o f affiliated institutions and to make all necessary
arrangements for such examinations ;
(p) to exercise general supervision and control over the institutions affiliated to the Council
and give such institutions such directions as may be necessary and expedient in the opinion of the
Council ;
(q) to appoint, on such terms as the Council may determine, such number of Inspectors for
the inspection of institutions teaching the Acupuncture system of therapy as the Council may
deem fit ;
(r) to advise the State Government in matters of research in Acupuncture ;
(s) to exercise such other powers, perform such other functions and discharge such other
duties as laid down in this Act or as may be prescribed or as the State Government may direct, by
a general or special order published in the Official Gazette, in furtherance of the objectives of this
Act ;
(t) to confer honorary Diplomas on such persons as those who, in the opinion of the
Council, are Acupuncture practitioners of repute ;
(u) to receive donations and to determine the conditions of acceptance of donations.
(2) The Council may conduct Certificate and Diploma courses of study and training in
Acupuncture.
16. Permission for establishment of new institutions, new course of study, etc. —
(1) Notwithstanding anything contained in this Act or any other law for the time being in force, with
effect from such date as may be notified by the State Government,—
(a) no person shall establish an Acupuncture institution; or
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(b) no Acupuncture institution shall,—
(i) open a course of study or training leading to the award of any recognized
qualification by the Council; or
(ii) increase its admission capacity in any course of study or training; except with the
previous permission of the Council obtained in accordance with the provisions of this Act.
(2) The Council shall, as soon as may be, after the commencement of this Act, by regulations
prescribe the procedure for applying for obtaining permission, affiliation and recognition of t he
Council and also for grant of such permission, affiliation and recognition or refusal thereto.
Explanation.— For the purposes of this section “person” shall include any University or trust or
society or an institution but shall not include the State Go vernment or Central Government or the
Council.
17. Non-recognition of qualification in certain cases. — (1) Where after the coming into force
of this Act, any Acupuncture institution is established without obtaining the previous permission of the
Council in the prescribed manner, no qualification in Acupuncture granted to any student of such
institution shall be a recognized Acupuncture qualification for the purposes of this Act.
(2) Where any Acupuncture institution opens a new course of study or trainin g without the
previous permission of the Council obtained in the prescribed manner, then no qualification granted to
any student of such institution on the basis of such study or training shall be a recognized qualification
in Acupuncture for the purposes of this Act.
(3) Where any Acupuncture institution increases its admission capacity in any course of study or
training without the previous permission of the Council obtained in the prescribed manner, then no
Acupuncture qualification granted to any stude nt of such institution on the basis of the increase in its
admission capacity shall be a recognized qualification in Acupuncture for the purpose of this Act.
Explanation.— For the purposes of this section, the criteria for identifying a student who has
been granted an Acupuncture qualification on the basis of such unauthorized increase in the admission
capacity shall be such as may be prescribed.
18. Time for seeking permission for certain existing Acupuncture institutions. — (1) Any
person, who has established an Acupuncture institution before the date of coming into force of this Act,
shall seek, within such period as the Government may, by notification in the Official Gazette, specify,
the permission of the Council in the prescribed manner.
(2) If such person fails to seek the permission under sub -section (1), the provisions of section 17
shall apply, so far as may be, as if, permission of the Council under section 16 has been refused.
CHAPTER IV
PREPARATION AND MAINTENANCE OF REGISTER
19. Preparation of Register. — (1) The Council shall maintain a register of Acupuncture
practitioners and Acupuncture personnel in such form as may be prescribed.
(2) The Registrar shall, from time to time, make necessary entries in the register in respect of the
persons whose names are to be registered, their qualifications and their addresses and may also, from
time to time, make such alterations and modifications therein as may be required in consequences of
any orders passed by the Council.
20. Persons en titled to be registered. — (1) As soon as may be after the day on which this Act
comes into force, the Registrar shall prepare and maintain thereafter a Register of Acupuncture
practitioners and Acupuncture personnel.
(2) The register shall be divided into three parts namely Part A, Part B and Part C. Part A and Part
B shall consist of the names of and other information about Acupuncture practitioners and Part C shall
consist of the names of and other information about Acupuncture personnel.
14 Maharashtra Acupuncture System of [2017 : Mah. XXV
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(3) Every person who,—
(a) possesses a degree or diploma in Acupuncture awarded by a statutory University in India
and whose name is entered in a State Register of Acupuncture practitioners on the day on which
this Act comes into force ; or
(b) possesses a degree in A cupuncture awarded by the Maharashtra University of Health
Sciences ; or
(c) is a register medical practitioner and possesses a diploma awarded by the Council ; or
(d) is a registered medical practitioner and possesses any recognized Acupuncture
qualification;
shall be entitled to have his name registered in Part A of the register maintained under this
Act.
(4) Every person who,—
(a) possesses a diploma in Acupuncture awarded by any statutory State Council or
University in India and whose name is enter ed in the State Register of Acupuncture practitioners
maintained by that respective Council on the day on which this Act comes into force ; or
(b) possesses a diploma awarded by the Council ; or
(c) has been conferred an honorary diploma by the Council ; or
(d) who possesses any qualification awarded by an institution within or outside India and
which is a recognized Acupuncture qualification, but whose name is not entered in any State
Register of Acupuncture practitioners ; or
(e) has qualified the Eligibility Test held or caused to be held by the Council for registration
as Acupuncture practitioner ;
shall be entitled to have his name registered in Part B of the Register maintained under this
Act.
(5) Every person who,—
(a) has qualified the Eligibility Test held or caused to be held by the Council for registration
as Acupuncture personnel ;
(b) possesses a diploma or a certificate in Acupuncture awarded by the Council;
shall be entitled to have his name registered in Part C of the register maintained under this
Act.
21. Application for registration. — (1) Every person who desires to have his name entered in
the register shall submit to the Registrar an application in the prescribed form in the prescribed manner.
(2) The Council may, on being satisfied that a person is qualified for registration under section
20, direct that his name be entered in the register, and the Registrar shall thereupon make necessary
entries in the register and grant him a certificate of registration.
22. Power of Council to refuse registration or to remove name from Register in certain
cases.— (1) The Council may refuse to permit the registration, or direct the removal from the register,
of the name of any person,—
(a) who has been convicted of an offence involving moral turpitude ; or
(b) who has been found guilty of infamous conduct in his professional capacity by a
majority of at least two -thirds of the Members of the Council after a due en quiry into
his conduct :
Provided that, no such refusal or removal shall be made without affording such person a
reasonable opportunity of being heard :
2017 : Mah. III] Maharashtra Acupuncture System of 15
Therapy Act, 2015
Provided further that, any refusal or removal under this sub-section may be rescinded by the
Council, if the conduct on the basis of which refusal or removal was directed is condoned by it
for good and sufficient reasons :
Provided also that, if any person, whose name has been removed from the register, such
person shall forthwith surrender his certificate of registration to the Council.
(2) The Council may, on receipt of reliable information regarding the death of a person whose
name is entered in the register, and on making such enquiry as it may think fit, direct the removal of his
name from the register and thereupon the Registrar shall cancel the entry relating to such person.
(3) In holding any enquiry under clause ( b) of sub -section (1), the Council shall have the same
powers as are vested in Civil Courts under the Code of Civil Procedure, 1908 (V of 1908), when trying
suits in respect of the following matters, namely :—
(a) enforcing the attendance of any person and examining him on oath ;
(b) compelling the production of documents ; and
(c) issuing of commissions for the examination of witnesses.
(4) All enquiries under this section shall be deemed to be judicial proceedings within the meaning
of sections 193, 219 and 228 of the Indian Penal Code (XLV of 1860).
(5) For the purpose of advi sing the Council on any question of law arising in any enquiry under
this section, there may, in all such enquiries, be an assessor who has been for not less than ten years an
Advocate enrolled under the Advocates Act, 1961 (25 of 1961).
(6) Any assessor under sub-section (5) may be appointed either for general enquiries or for any
particular enquiry or class of enquiries, and shall be paid the prescribed remuneration.
23. Cancellation of fraudulent and incorrect entries. — Any entry in the register, whic h is
proved to the satisfaction of the Council to have been fraudulently or incorrectly made, may be
cancelled by an order of the Council.
CHAPTER V
OFFENCES AND PENALTIES
24. Penalty on unregistered person pretending to be registered.— If any person, whose name
is not entered in the register, falsely represents that it is so entered or uses in connection with his name
or title any words or letters reasonably calculated to suggest that his name is so entered, he shall,
whether any person is actually deceived by such representation or not, be punishable, on conviction by
a Metropolitan Magistrate or a Magistrate of the First Class having jurisdiction, with imprisonment
which may extend to six months or with fine which may extend to one thousand rupees or both.
25. Penalty for failure to surrender certificate of Registration. — (1) If any person, whose
name has been removed from the register under section 22, fails, without sufficient cause, to forthwith
surrender his certificate of registr ation, he shall be punishable with fine which may extend to one
thousand rupees.
(2) No cognizance of an offence punishable under this section shall be taken except upon a
complaint made by an order of the Council.
26. Prohibition of unauthorized confer ment of degree, diploma, etc. and penalty for such
conferment.— (1) Except the Maharashtra University of Health Sciences, no person, association or
institution, called by any name, shall confer grant or issue, or hold himself or itself out as entitled to
confer, grant or issue, any degree, or any other document stating or implying that the holder, grantee or
recipient thereof is qualified to practice the Acupuncture system of therapy.
16 Maharashtra Acupuncture System of [2017 : Mah. XXV
Therapy Act, 2015
(2) Except the Council, no person, association or institution, called by any name, shall confer
grant or issue, or hold himself or itself out as entitled to confer, grant or issue, any diploma, license,
certificate or any other document stating or implying that the holder, grantee or recipient thereof is
qualified to practice the Acupuncture system of therapy.
(3) Any person contravening the provisions of sub -section ( 1) or ( 2) shall, on conviction, be
punished with imprisonment which may be extend to one year or with fine which may extend to ten
thousand rupees or with both; and if an association or institution is guilty of such contravention, every
Member thereof, who knowingly or wilfully authorizes or permits the contravention, shall, on
conviction, be punished with imprisonment which may extend to one year or with fine whi ch may
extend to ten thousand rupees or with both.
27. Penalty for improper assumption of Acupuncture qualifications. — (1) No person shall
use any letters or figures after his name indicating or implying that he possesses any degree in
Acupuncture system of therapy, unless such degree has been conferred by the Maharashtra University
of Health Sciences.
(2) No person shall use any letters or figures after his name indicating or implying that he
possesses any diploma, license or certificate in Acupuncture system of therapy, unless such diploma,
license or certificate has been conferred or recognized by the Council.
(3) Whoever contravenes the provisions of sub -section ( 1) or ( 2) shall, on conviction, be
punishable, on first conviction, with fine which may extend to five thousand rupees, and, where such
contravention continues after the first conviction, with fine which may extend to ten thousand rupees
for each such contravention.
28. Publication and use of registration list. — (1) The Registrar shall, from time to time, as the
occasion may require, on or before the date to be fixed in this behalf by the Council, cause to be
printed and published (provided that at least twelve months shall have elapsed from the date of the last
publication) a correct list of the names for the time being entered in the register setting forth therein,—
(a) names of all registered Acupuncture practitioners and Acupuncture personnel arranged
in alphabetical order according to surname ;
(b) the registered address of each such person ; and
(c) the registered qualification of each such person and the date on which each qualification
was obtained.
(2) The Registrar shall, from time to time, as occasion arises, cause to be printed and published a
list supplementary thereto, containing additions and alteration in the register since the publication of
the list under sub-section (1).
(3) Every court shall presume that any person whose name is entered in the latest list printed and
published under sub -section ( 1), read with the latest list supplementary thereto, if any, printed and
published under sub-section (2), is duly registered under this Act, and that any person whose name is
not so entered is not registered under this Act :
Provided that, in the case of any person whose name does not appear in the latest list printed and
published under sub -section ( 1), read with the latest list supplementary thereto, if any, printed and
publExcerpt shown. Open the full act in Lexace.