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The Orissa Ayurvedic Medicine Act, 1960
Act 14 of 1960
Keyword(s):
Ayurvedic System of Medicine or Ayurvedic Medicine, Midwife, Registered
Practitioner, Surgeon, Vaidya or Kaviraj, Doctor
ORBSA ACT I4 OF 1960
THE ORISSA AYURVEDIC- MEDICINE Am, 1960
CONTENTS
CHAPTER I
1. Short title, extent and commencement
2. Definitiom
CHAPTER II
3. Establishment and Constitution of the Council
4. Establishment and Constitution of Faculty
5. 3issolution of the existing Board and savings of acts
6. Election of members
7. Term of ofice
8. Notifiwtions of elections, nominations and vacancies
9. Nomination of members in default of election
10. Casual vacancies
11. Resignation of President or . members
12. DisquaUcations
13. Disabilities for continuing as a mamb
14. Allowance of President, Chairman and members
15. Time and place of meeting of Cound asd Faculty
la, Procedure at the meetings
17 Vatidity of proamdings
18. Establishment of Advisory Committee
19. Powers ad functions of the Council
1:
20. Powars and fimctions of the Faculty
21. Disagrement between tha Council and the Faculty
22. Appoiutlr~ent and conditions of servia of Registrar and other officers and servants
of the Council.
23. Powers and duties of Rcsistrar and other oficers and servants of the Council
CHAPTER Iv
REGISTFUTION OF AYURVEL~C PRACT ~TIO,;CRS
24. Maintenance of registers and the list
25. Report of deaths to the Registrar and renioval of namcs from register
26. Person entitled to be registered
27. Amendment of Schedule
28. Arrangemenls for mdifying Schedule for settling of a scheme of reciprocity of
medical qualificatioas in othur States.
29. Qualifying Examination
30. Power to calI for information from Medical Institution
3 1. Information requited of applicants for registration
32. Prohibition of entry in or removal from the rcgistcr
33. Procedure in inquiries and appeaIs
34. Publication oP name entered in thc registcr
35. Penalty on unregistered pcrrons representing that he is registered
36. Examination before registration
37. ~xem~tion from serving on inquests or as a juror or assessor
38. Privilege of registered practitioners
39. Right of registered practitioners to hoId certain appointment and to grant or
authenticate c:ttifiwtcs.
CHAPTER V
Ltsr OF PERSONS PRACTISIXG m AYUREDIC SYSTEM OF MEDICINE OTHER
THAN REGISTERED PRACTITION~
40. Po~vcr of tlic Government to cnforce the provisions of this Chapter
41. List of Practitioners
42. Section 41 not to apply to certain persons
THE ORISSA *YURY~C. MED~CINB Am, 19W 21 2
CHAPTER VI
CONTROL OF m CiovmNmm
S~ONS
43. Power of inspection by the Govmment
44. Powa to supersede the CouciI or the Faculty
CEIAPTER VTI
rn comm FmD
45. Couacil Fund
46. Allotment of funds bv Government
47. Objects to which Council Fund may be applied
48. Audit
CHAPTER VITl
MIS-ous I
49. Appeals to Gov8mment from decision of Council
50. Bar to suits and other legal prodings
i I
51. Mode of proof of Council's records I
52. Restriction on the summoning of Council's servants to produce dowed
I
I
53. Cognizance of offences
54. Conferring, granting or issuing diploma Licence, ctc., by unauthorisad penan oi
institution.
54-A. University to hold cxarninations and confer degrees, etc.. in certain M
55. False assumption of de~rec, diploma or certificate to be an offence
56. Power to m~e regulations
57. Power to make rules
58. Repeal of Act 7 of 1916 in so far as it relates to the Ayurvedic System of medicine
59. Power to remove difficulties
SCHEDULE
'[Tm OBlSSA AY URVEDIC MEDICINE ACT, 19601
[Received the nssent of ilzc! Presideul on tlte 17th June
19G0, first publid~ed ill n12 ~xfraorditlary issue of the
Orissa Gazette, hied the 13th July 14601
AN ACT TO PROVIDE FOR THE DEVELOPMENT OF mE
AYURVEDIC SYSTEM OF MEDICINE, TO
REGUI.ATE ITS TEACHING AXD PRACTICE,
AND TO-CONTROL THE SALE OF INDI-
GENOUS MEDICINAL HERBS AND
DRL'GS IN THE STATE OF
ORISSA
Be It enzcicd by the Legislature of the State of
Orissa in tlze Eleventh Year of the Republic of India
as follows :-
CHAPTER I
P~ELTM~NARY
1. (1) This Act may be-called the Orissa Ayurvedic Shdn title,
exknt nnd
Medicine Act, 1960. commtme. ment.
(2) Tt extends to the ~vllole of the State of Orissa,
(3) Tt shall come inin force on such date or dates
as the State Govcrnm~'r~t may, by notification: appoint,
and different dqtes may be appointed for different
provisions of this Act.
'2. Tn tllis Act, unless there is anything repugnant Bufmitioa
in the subject or contc;ut,--
(i) "A>run~cdic Svstcrn of Medicine" or "Ayur-
vedic .Mcd icine" meafis the Ayurvedic
Svstern .of hfcdicine, incltiding the Sidha
~3stern- of lcdicinc, ivl~ether suppIernent-
' ed or not by such modern. medicines as
' ,Faculty may from time to time determine ; -
- -- - . .. * - ...A.
I. ~,v ~ht~nicn! of Ohjcct: ::sd Rcwnns .we Oris.:a Guzetlc, Wta-
ordinary. c1~1e.f tiit 15th Septcni!~.:. 1951 (N.> 5;3) an3 Ft-r Report of Stl&
Comu>itlrc, .~rt. ;I?([ r?;lrc.I the En,! Fcl~rl!:try, 1960 ( - o; 233-A).
hll !Ilc n::lv&l -1:s canlc illtn Fwr3 in tl~c who!c Statc of Orissa with cff&t
fr ,I, 1 ~!..1 Sc.ircVn+~rr. 1950-vi in: Nr:r iCs,:rion Nd. 13531-H., dated tltt
31sl ,\usr151, I!J@ pu91isI~cd in Ori~.w Gn:r?rc, dalcd rhc 16th S~ptrnba,
1960, Pl. Ill, j-~. 6%.
2 14 O~rssn AYURVEDIC MEDIC~E ACT, 1960 [Or. Act 14
(Sec, 2)
(il) "Bye-laws" means the bye-laws made by
the FacuIty under subsection (3) of
section 20 ;
(iii) "Chairman" means the Chairman of the
Faculty ;
(iv) "Council" means the Orissa Stata Council
of Ayurvedic Medicine, established and
constituted under section 3 ;
(Y) "Faculty" means the State Faculty of
Ayurvedic Medicine established under
section 4 ;
(vi) "Government" means the State Govern-
ment of Orissa ;
(vii) "Inspector" means the Inspector appoint-
ed by the CounciI under clause (ix) of
- , section 19 ;
-,
(viii) "List" means the' list of the Ayurve
dic Practitioners prepared and maintained
under section 41 ;
(lx) "Member" means a member of the
C~uncil or the Faculty, as the case may
be ;
(x) "Midwife" means one who holds a
diploma Or certificate in 'Midwifery from
an Institution affiliated to or recognised
by thc Faculty ;
(xi) pr-.... aL;~ioner'' means a person who
practises the Ayurvedic System of
Medicine in the State of Orissad;
(xii) "prescribed" means prescribed by the
rules framed under this Act ;
(xiii) "President" means the President of the
Council ;
(xiv) "Qualifying Examinition" means an
examination specified in section 29 ;
(-rv) "recognised institution" means '[The
Gopabandhu Ayurveda Mahavidyalaya,
Puri] and such other Ayurvedic tcaching
institution as may from time to time be
recognised by the Faculty under this Act ;
'i .-- +--.----- -
1
1- ~ubslitukd by the 04sa &urvedic Mcdicint (Amendment) Am
1370 (Or. Act 29 of 1970). s. 2.
(xvi) "register" means the Register of Practi-
tioners maintained under section 24 ;
(xvii) "registered practitioner" means a practi-
tioner whose name is for the time being
entered in the Register ;
(xviii) bLRe&i~trar'' means the Registrar appoint-
ed under section 22 ;
(xix) "regulations" means the regulations made
by the Council under section 56 ;
(xx)"rules" means the rules made by the
Government under section 57 ;
(xxi) "Schedule" means the Schedule appended
to this Act ;
(xxii) "surgeon" means a "Vaidya" or "Kavi-
raj" who holds a d$loma of surgery from
an institution aEhated to or recognised
by the Faculty ;
(xxiii) "Vaidya" or "Kaviraj" means a practi-
tioner of Ayurvedic System of Medicine.
CHAPTER 11
ESTABLISHMENT AND COKSTITUTION OF THE
&UNC~L AND THE FACULTY
3. (1) The Government shall, by notification in nlab*ish- ment and the official Gazette, establish a Council to be caIiedconsti~tion
"The Orissa State Council of Ayurvedic Medicine". 22~~.
Such Council shall be a body corporate and shaI 1 have
perpetuar succession and a common seal with power
tcl acquire and hold property, both mouablz and
~mrnovaI$e, and to transfer any such property sub-
ject to the prescribed conditioils and may by the said
name sue or be sued.
(2) The Council shall consist of the following
members, namely :-
'[(i) the Director of Indian Medicine and
Hqmoeopathy who shall be the President
of: the Council ;] .
1. Substituted by tho Oo'm Ayurvedic Medicine (-4mendmcnt) Act, 1974
{Or, Act 8 of 19741, s. 2.
, .
THE O~rss~ AYURVEDIC h1~~1c1h.s ACT, 1960 [Or. Act 14
(ii) four members qualizzd in the Ayurvedic
Sysccm of Medicj~lz 'i.o b~ nomir~ated by
Governmer~t out of i~horn one shall be a
rvosnan ;
(iii) two rne:nbei.s to bc electzd by the Orissa
Legislative Asseix5iy from amongst its
members by meens of a single transferabie
vote ;
(ill) one mc!nber to be elect-:d, in Shc manner as
may be pi-esc!.ibed, by the Fac.ulty of
Medicine of the Utkai University from
amongst its rnexbzrs ;
(v) one member to be electcd, in the prescribed
mannc-, by the Cwdncil of Oiissa Assodia-
t ion of Sanskrit Learrri i~g-atld Culture who
shiiil be a practitioner ;
(ri) two members to be electcd, in the
prescribed ma~~ner by the teachers of the
Ayurvedic Instituti~ns aaiiatcd to the
Faculty from amongst thenlseIves ;
(~*ii)tw*o members tci be elected in the
prescribed manner, from amongst them-
selves, by the registered diploma-holders
of the Council and its predecessor the
Orissa Ayurtredic Ex~mination Board ;
(riii) three members to be eIected, in the,
prescribed manner, from amongst .them-
selves, by the Registsred Practitioners ;
(ix) Principals of the Ayurvedio Institutions
aaliated to the Faculty.
mtnbli~h- 4. There sh8aIl be established by the Cbunca for
wtpa4 the purposes of this Act a State Fzculty of Ayurvedjc constltutloa of faculty. Medicine, consisting of-
(i) the President of the Council who shall be the ex oflcio Chairman of the Faculty ;
(ii) the Pincipals of the Ayurvedic Institutions
Mated to the Faculty ;
(iij) three eminent Ayurvedic Physicians to be
ncminated by the Government ;
(iv) two ambers, to be elected,; in the
prescribed rnannei, by the teachers of the
Ajurvedic Institutions afiiliated to the
Faculty from amongst thcmseives ;
(v) the member of the Council elected under
clause (ill) of sub-section (2) of section 3 ;
(pi) members of the Council elected unaer
clause (iii) of sub-section (2) of section 3.
5. (1) On thc date the first Council is constituted DimolUti3n
under the provisions of this Act, the existing "Orissa ~ftheexht* rog fioard Ayurvedic Examination Board" shall ,cease to exist md SMUD
and all its assets and liabilities shall devolve upon the Of acts-
!'
Council so coqstituted.
(2) All acts begun whether pending or completed
by .the said O~~SS~L Ayurvedic Exarrli~lat ion Board by
the dabof the co~lsfitutiou of the first Council. shall
in so far as they relate to the functions allotted to the
Council under this Act be dcemd to have begun or
performed by the Council constituted under this Act,
arid such acts may be carried on and coinpleted by or
under the autharity of the Council so constituted.
6. The elcaion of the pcl.sails, ent&lc\d to be the nrctronor
members of the Council or the Fi~culty sllall be held "cmb"6-
at such ~ime and place and in such manner as may be
prescribed by the Government :
Provided,that wllen the Council and the Faculty
are to be established for tho &st time, the n~clvb~rs
to be elected under clauses (iii) to (viii) of sub-section
(2) of section 3 and clause (iv) of section 4, as
the case may be, shall be norni~~ated by the Govern-
&nt and the. Council and the Faculty so constituted
for' fhe;kst time shall hold oficc for a pcriod cf
fiye years from the date of publication of the
names in the official Gzzette under section 8 or
far sych further pericd as the Gdwrnment may by
fk in this bzhajf.
7. Save as otherwise provided in this Act- TC~ at ; I -
o'flicc . I
(a) the term of office of the elccted and norni~~ated
members of the Council,, slzall be for five years t7ri.om
the date of publication of their nan~es in the cjtkial
Gazette unaer section 2 and shall incltrdc any further
peribd which_ may elspse- between .the expiration
of the said period of five years and the -date- of the
kst meeting of the next succeeding Council at , which
quo- is present ;
218 'faa ORISA AYURVEDIC MEDIC^ ACT, 1960 ! Or. Act 14
(Sets, 8-91
(b) the term of office of the elected and nominated
members of the Faculty shall. expire on the same
date on which the term of office of the members of the
Coun~il expires :
Provided that members elected by the electorates
specified in clauses (iii) to (viii) of sub-section (2) of
section 3, or under clause (iv) of section 4, shall cease
to be members of the Council or the Faculty, as the
case niay be, as soon as they cease to be'the members
of these electorates:
=[Provided further that where any member is
elected subsequent to the reconstitution of the Council
or the Faculty, as the case may be, to bII up any seat
allotted to any constituency due to the reason that
such constituency was not in existence at the time of
such recons titutioa but came into existence subsequent
thereto, the term of oEce of such member shall be
co-terminus with the term of office of the existing
members 'of the Council or the Faculty, as the case
may be.]
hotidcution
of olccfions 8. The names of thc Pimesidetlt, the Chairman and
of every me~ber nominitited or eIected under sections
adya-- 3,4, 6, 9 or 10, shall be published in the ofiicial Gazette
cim by the Government:
'provided tbat the names of all the members who
are nominated or elected for the purpose of reconsti-
tution of the Council or the Faculty, as the case may
be, shall be published simultaneously.]
Nomination 9. If on any election, any of the electorates referred
$rd2,;fl to in clauses (iii) to (viii) of sub-section (2) of section
ofasriw. 3 or clause (iv) of section fails within such period
as may be pres,cribed to elect a-member or' members
referred to in ,the said clauses, or oa the occurrence of
any casual vacancy, to that vacancy as provided in
section 10, the Government shall nominate a person
or ersons possessing the requisite qualifications
to &I such a vacancy or vacancies, and the ,person or
persons so nominated shall for the purposes of this
Act be deemed to have been duly elected under section
3 or 4 as the case may be.
1. ~rtd by the OW .Ayurvedic Medicine (Arn&dmmt) Act, 197.
,(Or. Act 18 of 1972), s. 3.
2. Addtd by bid, a.'4. '- . ,
(Sem. 10-1 2)
10. If the President or the Chairman or
member of the Council or the FacuIty is unable by
reason of his death, resignation, rcrnovaI or otl~erwise,
to complete his full ter~n oC office, the vacancy so
caused shall be filled by nomination or election, as the
case may be, by another person within the prescribed
period and the person so nominated or elected, shall
fill such vacancy for the unexpired portion of the term,
for which the member in whose place such person is
nominated or elected would otherwise have continued
in office :
Provided that, in the case of a member who is to
be elected, if the vacancy is for a period of six months,
or less, the Council may direct that the vacancy may
remain unfilled till the next general election.
11. Any member of the Council or the Faculty~m~gnnti~n
other than the President or the Chairman may at any of Pmfdtnt
or mtmbcrr.
time resign his office by a letter addressed to the
President or the Chairman, as the case may be. Such
resignation, after due verification, shall take effect
from the date, on which it is accepted by the Council
or the Faculty as the case may be.
12. No person shall be eligible for election or ,,,aIu,,
norniriation as a member- tiom
(a) who is less than twenty-five years of age ;
(h) who is insane or of unsound mind ; -
(c) who is an employee of the Council or the
Fac~rlty ;
(4 who has applied for being adjudged an
iflsofveat or is an undischarged insolvent ;
(c) who has been convicted of any oEence
under this Act ;
(f) who has been convicted of an offence
involving- moral turpitude which in the
opinion of the Government renders him
unfit to hold office ;
(g) who has, on the previous occasiog, been
remov~d from ofice under section 13 ;
whose hame has been removed from the
register ;
220 THE ORISSA AYURVEDICMEDICJNE ACT, 1960 [Or. Act 14
(Sec. 13)
(i) who has, directly or indirectly or by
himself or as a partner, any share or
interest in any contract ,with, by or on
behalf of the Council or Faculty ;
(j) who has been appointed as' Legal Advis~r to
the Council. or Faculty :
Provided that the Governmenf may in any parti-
cular case reniove this disqualificatim.
Disabilities
for conlinu- 13. (I)' If any member, during the period for which
in number. he has been nominated or elected-
(I) absent himself, without such reasons a3
may, in the opinion of the. Council or
the Faculty be sufficient, from three
consecritive ordina,ry meetings of the
Council or the Faculty ; or
(ii) is or becomes subject to any of the dis-
qualifications specified in section 12 ; or
(iii) refuses to perform or is incapsble of per-
forming any of the duties assigned ,to him
under this Act : or
' @) being a Iegd ~ractitioner. amears in any
suit or proceeding whether .Civil, Criminal
or Revenue, against the Council ;
he shall be removed from membership :
Provided that befote rem,oving a member from
office t%e Council or the Faculty,. as the case may
be, shall call for his explanation and record its
findings therein.
(2) Any member removed from ofice by the
Council or the Faculty under sub-section (I) may,
within thirty days from the date of his removal,
4
appeal to the Government and the or er of tha
Government on any such appeal shall be ha .
(3) The Govefnment may remove the President
or the Chairman from office on any of the grounds
spdfied in sub-section (I) after calling for aa
explanation fmkn him, , ,,.
(Secs. 14-17)
Ail owaact
14. (1) There shall be paid to the Presid&t or of President,
the Chairman and the members of the Council
the Faculty, such travelling and other allowances as members.
may be prescribed.
(2) No person shall receive any pay or special
pay as President or Chairman or as a member of the
Council or the Faculty.
15. The Council or the Facultv shall ha7.e anzzzd
ofice at the headquarters of the Government andmeetias of
shall meet at such time and place and every meeting ~~~~."Od
of the Council, and the Faculty shall be summoned
in such manner as may be prescribed by regulations
or bye-laws, as the case may be :
Provided that until such regulations or bye-laws
are made, it shall be lawful for the President or the
Chairman to summon a meeting of the Council. or the
Faculty, as the case may be, at such time and place
as may be deemed expedient, bv letter addressed to
each member, on a clear notice of fifteen days.
i
16. (I) The President shall preside at every meeting Procedutt at
I
!
the rnaetint of the Council. In the absence of the President, the
members present shall elect one of them to preside.
(2) The Chairman shall preside at evew meetin7
of the Faculty. Tn the absence of the Chairman the
members present shall elect one of them to preside.
(3) One-third of the members of the Council or
the Faculty shall form a quorum. No quorum shall s.
be necessary for a meeting adjourned for want of a , .
quorum.
(4) All questions at the meeting of the Council
or the .Faculty shall be decided by the votes cif the
majority of the members present at the meeting.
(5) At every meeting of the Council or the Faculty,
the person presiding, for the time being, shall, in
addition to his vpte as a member of the Council ot
the Fadty have a second or casting vote in case of
1
an equality of votes.
Validity of
17. No disqualification or defect in the election pmdin~.
or norninatjon of any person acting as a member or as
the Presidedt or the Chairman or as the President of
a meeting in the absence of the President or the Chair-
man, shall be deemed .to vitiate any act or proceedings
of the Council or the Faculty, as the case may be,
in wlick sach person has taken- part, if the majority
of the persons who took part in such act or proceedings
were duly qualified members of the Council or the
Faculty.
Establish- 18. (1) The Council may, subject to the rules
mcntof made by the Government by a resolution in that Adviqnry
committee. behalf, appoint an Advisory Con-lmittee which may
consist of as many ~nembers of the Council and out-
siders, if any, co-opted for any purpose it deems fit.
The said Committee shall discharge such duties, per-
form such functions and advise on such matters as
may be assigned or referred to it by the Council :
Provided that the total number of members of
su%h Committee shall not be more than seven.
~(2) The Council may from amongst the members
o %'he Committee appoint a Convener who shall preside
at the meetings of such Committee. T* the abserce
of the Convener the members preseqt ,shall elect one
amongst themselves to preside at the meeting.
(3) AII questions at a meeting of the Committee
shall be decided by the votes of the majority of the
members present at the time of voting at the meeting.
In the case of equality of votes the member Dresiding
shall have a second or casting vote.
(4) No business shall be transacted at any meeting
when less than three members constituting the Commit-
tee arc present.
(5) The term of office and alIowance, if any
payable to the members of such Committee, shall be
'
determined by rules made by the Government in this
behalf. *.
Poivcrs and 19. Subject to the provisfons of this Act or the
Functions of mles made thereunder the. CounciI shalt have the
the C{:uoc~l. following powers and functions, namely :-
(i) tb advise the ~overnment in matters relztiting
to Ajqlrvedic ~ystkm of Medicine in-
cluding research and post-graduate edu-
cation ;
(iij to accord, stlspend or withdraw recogni-
tion or afiliation of Ayurvedic Educational
Institutions on the recommendations of
the Faculty ;
(iiii) to prescribe fees for admission to examina-
tions -conducted by the Faculty ;
(iv) to allot funds to the Faculty for carrying
out its duties;
(10) to provide for the registration of prncti-
tioners and entry of their names in the
register under this Act and to provide far
the preparation of the list of practitioners
under section 42 ;
(vi) to reprimand a registered practitioner or -
a practitioner whose name is entered in
the list or suspend or remove fiim from the
register, or list and to take such other
disciplinary action against him as nlay in
the opinion of the Council be necessary or
expedient :
Pravided that the Council shall, before taking
action under this clause, give the practitioner
concerned a reasonable opportunity , of being
heard ;
(uii) to hear and decide appeals from the
decision of the Registrar ;
(viii) to endow chairs of ~~urvedic' System of
Medicine and surgery in the institutions
amated to the Faculty ;
(ix) to appoint Inspectors for the inspection of
Ayurvedic institutions, d ispcnsaries,
hospitals, druggists' shops or firms in the
S-kite and to require institutions giving
instructions in the Ayurvedic System of
Medicine to furnish such information as
may be necessary ;
(x) to register and issue licences to reliable firms,
for sale of genuine Ayurvedic drugs :
Provided that no such licence shall be issued
without the approval of the Government ;
(xi) to perform, such other functions for the
development of Ayurvedic System of
M,edidne as may be consistent with the
provisions of this Act ; and
(xii) to exercise such other powers as may be
specified by or under this Act,
224 THE ORISSA Aw~v~i~cc MEDICINE ACT, f 9-60 [Or. Ant 14
(Sec. 20)
20. (1) Subject to such conditions as may be
pow*smd prescribed by or under the provisions of this Act, Functions of the FCU~~. the powers and functions of the Faculty shall be-
(i) to prescribe the course of training and the
standard and subjects of qualifying
examinations in institutions affiliated to
the Faculty ;
(ii) to hold qualifying examinations and other
examinahons, to appoint examiners, to fix
their fees and allowances and to declare
and publish the results of the examina-
tions ;
(iii) to grant cerGcates to and confer degrees
or diplomas on or grant licences to persons
who shall have pursued a course of study
in the institutions amated to the
Faculty ;
(iv) to recommend award of schoIarships,
stipends, medals, prizes and other awards
to the Council ;
(y) to prepare, publish and prescribe text-books
and to publish prescribe courses of
study ;
(vi) to provide for the maintenance of an
adsquate standard of proficiency for the
practice of the Ayurvedic System of
-Medicine ;
(vii) to recommend schemes for post-graduate
training in Ayurvedic System of Medicine ;
(viii) to appoint t-hrough the Council, with the
previops sanction of the Government,
officers and servants as may be .necessary ;
(ix) to make recommendations to the Council
for the filiation or recognition or for
suspension or withdrawal of recognition or
&Hiation of Ayurvedic Institutions :
provided that no action of withdrawal or
~spension of recognition shall be taken witkt
&ording the Committee of management of
institutions an opportunity to improve the institution
wifhin a reasonable period or for making a represea;.
tation against the .proposed action ;
(x) to appoint t.hrough the Council any
Committee or Board of Studies as may bc
necessary, with the previous approval of
the Government and to lay down their
constitutions, duties and functions. Such
Committee or Board may have members
who are not members of the Faculty ; and
(xi) in discharge such qther functions of
academic nature as may be deIegated to it
by the Council with the previous sanction
of the Government.
(2) No act done by the Faculty shall be
questioned on the ground merely of the existence of
any vacancy in, or any defect in the constitution of
the Faculty.
(3) (i) Subject to the provisions of this Act and
the rules and regulations made thereunder, the Faculty
may, with the previous sanction of the Government,
make byelaws for the following matters, namely :-
(a) the murses of study for training and
qualifying examination ;
(b) the language in which the examinations
shall be conducted and instructions shall
be given ;
(c) the admission of studeats to the recognilsed
institutions ;
(d) the conditions under which students shall
be admitted to degrees, diplomas, licence
or certificate courses and to the qualifying
examinations of the Faculty and shall be
eligible for degfees, diplomas and certi-
ficates ;
(e) the conditions and mode of appointment
and duties of Examiners and the conduct
of e,xaminations ;
I
Cf) the conditions for the recognition of teacher
in recognised institutions ;
(g) the number, and qualifications of teachers
of the educatio~~al ir~stitutions affiliated to
the Faculty, with a view to secure high
s:attdard of proficiency in teaching and
traini~lg at those institutions- ;
(11) the conditions and requirements for the
affiliation or the recognition of teaching
institutions ;
(i) the procedure to be followed at an inquiry
instituted by the FacuIty ;
(j] the custody of the comnlon seal ; and
(k) any other matter in respect of which the
Faculty is by the provisions of this Act
either required or expressly or impliedly
authorised to make bye-laws.
(ii) All bye-laws. shall be publisl~ed in the official
Gazette and shall not take effect until they have been
approved and confirmed by the Government.
(iii) The Government may by notification in the
official Gazette, cancel any bye-law.
Dii3grct-
mcnt 21. In the event of d.isagreement between the
betwccn the Faculty and the Councjl on any matter, a reference
connii' thc Facclty. shall be made by the Council to the Government and
the decision of the Government shall be final. ----
CKAPTER IT1
.Appoint- 22. (1) The Government shall appoint a Registrar
mcnt 3rd
conditions or who shall be the Secretary to the Council as well. as
scrvice af the Secretary to the Faculty.
Rezistrar
and other
ofiwrs and (2) The salary, allowar~ces- and other conditions
scwants of of service of the Registrar shall'-Fe. such as may be
fhccouncil- determined by the Government.
(3) (i) The Council may, from time to times
appoint such other officers and servants as may be
necessary for carrying out the purposes of this Act :
Provided that the number and designation of
such officers and servants, their salaries and aIIowances
sbll be subject to t4e previous approval of the
Govern~nellt.
(Sets. 2,?- 24)
(ii) The punishment, dismissal, discharge and
removal of any such officer or servant shall be
subject to rules made by the Governlnent in this
behaIf.
(4) All questions of pay, alloivances, promotions,
leave, pension and provident fund relating to the
officers and servants other than the Registrar of the
Council shall be governed by rules generally applicable
to the servants of the Government of sirniIar
category and rank.
(5) The Registrar or any othcr oficer or servant
appointed under this section shall be deemed to be a
~ct 45 of public servant within the meaning of section 21 of
1860. the Indian Penal Code.
(6) All officers and servants of the Council or
the Faculty shall be under the direct controI and
supervision of the President or the. Chairman as the
case be.
23. (1) The Registrar and other officers and and duties of servants of the Council shall exercise such powers and Rekistrar
perform such duties as may from time to time be and 0th~~ oIClccrs and
conferred or imposed on them, under this Act or scrvants~f
underany rules framed thereunder or under any the Council-
general or special orders of the Council.
(2) The Registrar may take part in the discussions
before the Council or the Faculty, but shall not be
entitled to vote.
CHAPTER IV
24. (1) Subject to any general or special order, Maintenance of rcgistcrs
which may from time to time be made by the Council, and the list.
the Registrar shall maintain a register or registers
of Ayurvedic Practitioners practising the ,Ayurvedic
System of Medicine in the State of Orissa in the
prescribed form and it shall be the duty of the Registrar
to keep the register correct and up-to-date, as far
as practical$e; in accordance with the provisions
made by or; under this Act. The Registrar shall
also maintah the fist of practitioners in accordance
with the provisions contained in section 41.
228 THH ORISSA AYURYBDXC MEDIC~E ACT, 1960 Or. Act 14
(Sees, 25-26)
(2) (i) The Registrar shall, with a view to kezp
the register correct and up-to-dzte, as far as possible,
from time to tirne. enter thcrcin any material alterit-
tion in the addresses or qualifimtions of the practi-
tioners or remove the names of the practitioners,
who die or whose names are directed to be removed
from the register under section 32 :
Provided that the Government may direct that
any alteration in the entries as respects additionaf
quaGfications shall not be made unless payment of
such fees as may be prescribed is made.
(ii) For purposes of this sub-section the Registrar
may write to any registered practitioner at the
address which is entered in the register to eizquire
whether he has ceaszd to practice or has changed his
residence and if no reply is received to the said letter
within three months, the Registrar may issue a
reminder by registered post and in case no reply 'is
received to the reminder within two months' from
the date of issue, he may remove the name of this
said practitioner from the register :
Provided that the Council may if it thinks
fit, direct that the name of the said practitioner be
reentzred in the register on payment of the fees.
(3) The register shaII be in such form as may be
prescribed and shall contain the name, residence and
qualification of every practitioner registered together
with the date on whch such qualification was
acquired.
RCPOII of 25. (1) Every Registrar of Deaths who receives
d-thtothc noti= of the death of a person whose name is likely Rt 'sttar ,r,,,,l to have been entered in the register shall forthwith
ofn-e' transmit by post or otherwise to the Registrar of the from re& tt~. Council a ce-.tScate of such dcath, signed by him- and
stating particulars of the tirne agd place of death.
(2) On receipt of such certificate or other reliable
information regarding sue: death, the Registrar shall
remove the name of the deceased person from the
register,
Prnonr ti- 26. (1) Every person who is not less than tsa be eighteen years of age and who passes a qualifying rcgistaad. examination or possesses any of the other qualifications
mentioned in the Schedule, or belongs to any of the
categories of persom specified therein, shall, subject
THE OR~SA AYURWIC MEDICINE ACT, 19611
to the provisions contained in or made under this
Act and upon payment of such fees, as may be pres-
cribed, be entitled, on an. application made to the
Registrar in the prescribed form to have his
entered in the register subject to such conditions as
Ihe Council may impose. When the name of a person
has been registered in accordance ivith the provisions,
aforesaid, he shaII be granted a certificate in the form
as may be-prescribed :
Provided that an application for entry of the
same in the register of a person whose case is nor
clearly governed .by the provisions of this Act or by
the rules and regulations made thereunder shall be
referred to the Council for such decision as it Nay
deem fit.
(2) The decision of the Registrar regarding
the registration of any person made under sub-secrion.
(I) shall be communicated by the Registrar to such
person, who may, if he is aggrieved by the decision,
prefer an appeal to the CounciI within ninety days of
such communication.
(3) Such appeal shall be heard and decided by
the Council in the prescribed manner.
(4) The Council may, on its own motion or or,
the application of any person, cancel or alter an9
entry in the register, if, in the opinion of the Councjl
after making such enquiry as it may deem fit it is
found that such entry was fraudulently or incorrectty
made or obtained on account of misrepresen-
ta,tion :
Provided that such cancellation or aheration
shall not be effected without giving the, person
affected a reasonable opportunity of being heard.
27: (1) If at any time the Council is satisfied on AmendnlE
the recommendation of the Faculty, that a title or or scM.? -. degree graated, or qualification certified, by a Univer- ,:
.sity, examining body or other Institutions in -India
is a s,uficient guarantee that persons holding such
a title or degree or quafification possess tIze know-
ledge or skill requisite for the efficient practice of .-,, .,
medicine, surgery ar~d midwifery, it may subject to .
the approval of the Government direct that the
possession of such title, degree or qualification sha!l,
subject to the provisions contained in this. Act and
payment of the prescribed fee, entitle a person to
haye his name entered jn the register.
( 24 La%'-16)
230 THE ORJSSA AYURVEDXC M~IC~NE ACT, 1960 Or. Act 14
(S~CS. 28-29)
(2) If the Council on the recommendation of the
Faculty, is not so satisfied in respect of any title,
degree or qualificatio~, it may subject to the approval
of the Government direct that the possession of such
title, degree or qualification shall not entitle a person
to have his name entered in such register.
(3) When the Council issues a direction under
sub-section (I) or (2) such title, degree or qualification
shall be deemed to be covered by or, as the case may
be, to be excluded 'from the Schedule.
Armgec
rnznts for 28. (1) At any time after the date of commence-
mentLof this Act, the CounciI may enter into negotia- Scl~edulr: for
stttnngora tions wit11 theL authority in any other State which is
"ch'm"f ~eciprocity entrusted by the law of such State with the main-
or medical tenance of a register of practitioners of the Ayurvedic qualifica-
tions in System of Medicine, Surgery and Midwifery for the
~thcr state. settliIlg of a scheme of reciprocity for the -recognition
of medical qualifications . and in pursuance of any
such scheme, the Government, may, by notification,
amend thz Schedule so as 'to include therein any
medical qualifications which the Council on the
recommendation of the FacuIty decide to recognise.
(2) Where the council has refused to recognise
on the recommendation of the FacuIty any medical
qualification which has been proposed for recognition
by any such authority, that authority may, apply to
the Governmsnt and the.. Government, after consi-
dering such application and after consulting the
Council, may,. by notscation amend the Schedule
so as- to include such qualification therein.
Qualifying
-minltio&-
i : 29. (1) The Faculty shall .by bye-laws prescribe
the course of training and qualifying examinations
including the preliminary qualifications for admission
into the jnstitutions.
(2) A qualifying examination shall be an exa-
mination. in the Ayurvedic System of Medicine
including the . subjects of Medicine, . Surgery , and
' Midwifery 'held by the Faculty (or its predecessor
the Orissa Ayurvedic Examination Board) for the
purpose of granting a degree or diploma conferring
the right of registration under this Act and specified
in the Schedule, and such otEer examination as hay,
on the -r commendation of the Faculty, be included
iri.tl~e Sc f~ edule by the Council .by a,notifiation in the
officid Gazette from and after the date specified in
the notification.
(Sec. 90)
30. (1) It shall be the duty of the Faculty- Power call for ta im
formatior
(a) to secure the maintenance of an adequate.kzic31
standard of proficiency for the practice Institution.
of Ayurvedic System of Medicine including
the subjects of Medicine, Surgery and
Midwifery. For the purpose of* securing
such standard, the Faculty may .call upon
the Governing Body or authorities of
the Ayurvedic teaching Institutions,
... Examining Bodies or other Institutions
as are included in, or are desirous of being
included in the Schedule ;
(b) to furnish such reports, returns or other
informations as the Faculty -may require .
of any course of study prescribed by bye-
laws or examination held by,. such body
or institution with referewe to grant of
any qualification to enable it to judge
the efficiency of the institution given
therein in the Ayurvedic or any of its
subjects or branches ; and
(c) to provide facilities to enabIe inspectors
or any member or visitor appointed ani
deputed by the Fzculty for the purpose to
attend and be present at all or any -of tlie
qualifying examinations conducted by
such Ayurvedic Institution or Examining
Bodies or. other Institutions.
' (2) The' lnspect&s( members or visitors shall
not interfere with the conduct of any examination, .,
bzt it shall be their duty to report to the .Fa6uIiyr
their opinion as to the.suficiency or insufficitncy of , every examination which -!hey a.tttxj3 ar,d any other
matters in relation to such examin'atirjns on which. ,
the Faculty may require thern to report.
(3) Every qualifying examination **held vy t3e
bodies or institutions authprised undci. ,this seziion
shall be inspected by Inspector-; memberb or itIsitors,
at least once in five years and more frequchtly if the
Faculty so directs.
(4) The Faculty shall forward a copy of every
such report to the body which he13 the zxaminztion
in respect 06, which the said report was rnade and
shall also forward a copy of such . sepcrt,. together
with any observation's made thereon by the said body,
to the Council. ..
232 THE Owss~ AYURVED~C MEDICINE ACT, 1960 [ Or. Act 14
(Secs. 31 -32)
(5) An Inspector, a member or a visitor shall
receive such remuneration to be paid as part of the
expenses of the Faculty, as the Faculty, with the
permission of Government may determine.
Xnforrnati~n
rcquircd of 31. Every perscn who applies to have his name
app"ntS for registra- entercd in thc register,' dust satisfy the Registrar
tion. that he is possessed of some degree, title or qualifica-
tion specified in the ScheduIe ; and he must inform
the Registrar of the date on which he obtained the
degree, title or qualification which cntitlcd him to
claim registration under this Act, and shall furnish
any further information required by the Registrar in
order to enabIe such person to discharge the duties
imposed upon him by or under this Act. .. .
P~hibitipn 32. (1) The Council may prohibit the eritry in,
OrentryIn G~ rcrnnv2l or order the removal from the register, the name of
from t ha any practitioner-
fogiFter.
(a) who has been sentenced by a criminal coud
to imprisonment for an offence 'declared
by the Government to involve such moral
turpitude as would render the entry o?
continuance of his name in the register
undesirable, or
(b) whom the Council after inquiry ha,s found
guilty of professional misconduct or
other infamous conduct by a majority
of at least two-thirds of the members
present at a voting in the meeting speci-
ally convened for the purpose:
Provided that the Council may entrust such
inquiry to a Sjlzcial Cornmittee which shall submit
a report to the Council regarding the conduct of
Practitioner concerned.
(2) The inquiry referred to in clause(6) of sub-
section (I) may in the discretion of the Council or
the Committee, as the case may be, be he1Zin camera
and an opportunity shall be given to ihe pmc[itibneT
concerned to be heard in his defenck whether person-
dly or through an aufhorised agent. -
(3) %'he-Council may direct that the name
of any person against whom an ordq- has been
made under sub-section (I) shall be entered or re
entered, as the ase may be, after having satisfied
Act 37 of
1850-
(Se cs .53-34)
itself that due to the lapse of time or otherwise, the
disability mentioned in sub-section (I) has ceased
to have any effect.
Proedlvr In 33. For the purpose of any inquiry held under inqunir.
clause (b) of sub-section (I) of section 32, the Coun- appeals.
cil or the Committee, as the case may be, shall exer-
cise the powers of a Commissioner appointed
under the Public Servants (Iuquiries) Act, 1850,
and the provisions of sections 5, 8 to 10, 14 to 16,
19 and 20 of the said Act shall, so far as may be,
apply to every such inquiry and appeal.
34. (1) The Register shaI1, in every year and Publication of name from time to time as occasion may require, on or entered in
before a date to be fixed in this behaIf by the Coun- the "&m-
cil, pubLish in the-official Gazette and in such other
manner as the Council may direct a correct state-
meit of names for the time being entered in the
register contai&ng:-
(0) all names entered in the register arranged
in alpbabetical order;
(b) the registered address or appointment of
each person whose name is entered in the .
register; and
(c) the registered titles and quzlifications of
each such person and the date on which
each such title was granted or each such
qualification , was certXed. .
(2) In every year in which such statement has.not
been:published, the Registrar shall cause to be printed
and published .on or Excerpt shown. Open the full act in Lexace.