The rajasthan indian medicine act, 1953

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The Rajasthan Indian Medicine Act, 1953
Act No. 5 of 1953
(Received the assent of His Highness the Rajpramukh on the 4th day of March 1953)
(Published in the Rajasthan Gazette (Raj - Patra), Part - IV A, dated March 21, 1953)

An Act to provide for the development of Indian Systems of medicine, surgery and
midwifery and to regulate their practice in Rajasthan.

Whereas it is expedient to provide for the development of Indian systems of
medicine, surgery and midwifery and to regulate the practice thereof in Rajasthan: It is
hereby enacted as follows: -

1. Short title, extent and commencement. - (1) This Act may be called the Rajasthan
Indian Medicine Act. 1953.
(2) It extends to the whole of Rajasthan.
(3) It shall come into force on such [ 1 date] as the State Government may, by notification in
the Rajasthan Gazette, appoint.

2. Repeal. - On and from the date this Act comes into force, the Jaipur Ayurvedic and Unani
Tibbi Practitioners Act, 1943, and the corresponding laws of other covenanting States of
R ajasthan shall be repealed and Section 6 of the General Clauses Act, 1897 of the Central
Legislature shall, so far as may be, apply to such repeal as if the Act and laws so repealed
were Central Acts repealed by a Central Act.

3. Interpretation. - (1) In this Act, unless there is anything repugnant in the subject or
context -
(i) "Board" means the Board of Indian Medicine, Rajasthan established under Section 4:
(ii) "Chairman" means the Chairman of the Board:
(iii) "Committee" means an Advisory Committee appointed under Section 20:
(iv) "enlisted" used with reference to a practitioner, means that the name of such
practitioner is for the time being entered in a list:
(v) "Hakim" means a practitioner of the Unani system of medicine or surgery;
(vi) "Indian system of medicine" means the Ayurvedic or the Unani Tibbi system of
medicine, [ 2 or Naturopathy and Yoga Chikitsa] whether supplemented or not by
modern advances:
_ _____________________________________________________________________
1 . Come into force with e ffect from 15 - 5 - 1954 vide Medical and Health Department Notification No. F.(b) M.H./53. Dated 13 -
5 - 1954. Published in the Rajasthan Gazette. Part I - B. dated 22 - 5 - 1954.
For Statement of objects and reasons, see Rajasthan Gazette, Part III, dated 11 - 10 - 1952.
2 . Inserted by Notification Act No. 34 of 2015, dated 15.10.2015.
(vii) "List" means a list maintained under Section 35:
(viii) "member" means a member of the Board or a Committee:
(ix) "midwife" means a practitioner of the Indian system of midwifery:
(x) " practitioner" means a person practising an Indian system of medicine, surgery or
midwifery:
(xi) "prescribed" means prescribed by rules or regulations made under and in
accordance with the provisions of this Act:
(xii) "Register" means a register of Vaidya s or Hakims [ 1 or Naturopathy and Yoga
Chikitsa ks ] or midwives of either class maintained under Section 31;
(xiii) "registered" used with reference to a practitioner, means that the name of such
practitioner is for the time being entered in a register:
(xiv ) "Registrar" means the person appointed as such under Section 26 and includes
any person for the time being holding the office or performing the duties of the
Registrar under proper authority:
(xv) "regulations" means regulations made by the Board under S ection 48:
(xvi) "rules" means rules made by the State Government under Section 54:
(xvii) "Schedule" means the Schedule annexed to this Act:
(xviii) "State Government" means the Government of Rajasthan:
(xix) "Vaidya" means a practitioner of the Ayurvedic system of medicine or surgery;
[ 2 (xx) "Naturopathy and Yoga Chikitsak" means a practitioner of the Naturopathy and
Yoga system of treatment.]
(2) The provisions of the General Clauses Act, 1897 of the Central Legislature shall mutatis
mutandis apply, so a s far may be, to this Act in the same manner, as they apply to a Central
Act.
4. Establishment of the Board. - The State Government shall by notification in the
Rajasthan Gazette, establish in the manner provided in Section 6, a Board to be called the
Board of Indian Medicine. Rajasthan for the purpose of carrying out the provisions of this
Act. Such Board shall be body corporate, shall have perpetual succession and a common
seal and may by the said name sue or be sued.
_ ________________________________ _____________________________________
1 . Inserted by Notification Act No. 34 of 2015, dated 15.10.2015.
2 . Inserted by Notification Act No. 34 of 2015, dated 15.10.2015.
5. Dissolution of existing Boards. - On the date, the first Board is established and
constituted under the provisions of this Act, any existing Boards of Indian Medicine,
established and constituted under the Act and laws repealed by Section 2 shall cease to
exist and all their assets and liabilities shall devolve upon the Board establishe d and
constituted under this Act.

6. Constitution of the Board. - (1) The Board shall consist of [ 1 thirteen members] ,
including the Chairman, appointed in the following manner, namely: -
(i) The Chairman shall be nominated by the State Government preferabl y from amongst
practitioners and shall not be a paid servant of the Government:
(ii) Three members shall be nominated by the State Government from amongst Vaidyas
who are paid servants of the Government:
(iii) One member shall be nominated by the State Gov ernment from amongst Hakims
who are paid servants of the Government:
[ 2 (iii - a) One member shall be nominated by the State Government from amongst
Naturopathy and Yoga Chikitsaks who are paid servants of the Government; and]
(iv) Four members shall be elected by the registered Vaidyas from amongst themselves
in the prescribed manner:
(v) One member shall be elected by the registered Hakims from amongst themselves in
the prescribed manner:
[ 3 (v - a) One member shall be elected by the registered Naturopathy and Yoga Chikitsaks
from amongst themselves in the prescribed manner;]
(vi) One member shall be elected by the registered midwives from amongst themselves
in the prescribed manner.
(2) Notwithstanding anything contained in sub - section (1), all the members of the first Board
established under Section 4, shall be nominated by the State Government.
(3) Every member other than the Chairman of the Board must possess atleast ten years
experience of practice in an Indian System of medicine, surgery or midwifery, as the case
may be.
(4) The Board shall elect in the prescribed manner one of its members to be the Vice -
Chairman whose term of office shall be for one year.
7. Nomination of members in default of election. - If any electoral body referred to in
sub - sectio n (1) of Section 6 fails, by such date as may be prescribed, to elect the requisite
number of member or members which it is entitled to elect, the State Government shall fill
up the vacancy or vacancies by nomination of a person or persons qualified to be elected
by the particular electoral body concerned.
_ _____________________________________________________________________
1 . Substituted by Notification Act No. 34 of 2015, dated 15.10.2015.
2 . Inserted by Notification Act No. 34 of 2015, dated 15.10.2015.
3 . Inserted by Notification Act No. 34 of 2015, dated 15.10.2015.
8. Disqualifications for membership. - (1) No person shall be qualified to be elected or
nominated as a member or Chairman of the Board -
(a) who is an undischarged insolvent, or
(b) who has been adjudicated by a competent Court to be insane or of unsound mind, or
(c) who has been convicted of an offence declared by Government to involve moral
turpitude, or
(d) who is an employee of the Board or has directly or indirectly or by himself or a
pa rtner any share or interest in any contract with, by, or on behalf of the Board,
unless in the latter case, Government remove the disqualification.
(2) No person whose name has been removed from the register shall be eligible for election
or for nomination under Section 7
9. Notification of elections, nominations and vacancies. - Every election or nomination
of a member or Chairman of the Board and every vacancy in the office of a member or
Chairman shall be notified in the Rajasthan Gazette.
10. Reconstitu tion of Board. - Within [ 1 three] years from the date on which this Act comes
into force and thereafter upon the expiry of every five years, the Board shall be
reconstituted and for that purpose there shall be fresh nominations and general elections in
the prescribed manner.
11. Disabilities for continuing as member. - (1) If any member, during the period for
which he has been nominated or elected -
(a) absents himself without sufficient cause from three consecutive ordinary meetings of
the Board, or
(b) beco mes subject to any of the disqualifications mentioned in Section 8, or
(c) being a legal practitioner, appears in any suit or proceeding, civil or criminal against
the Board, or
(d) obtains any employment under the Board or has without the previous sanctio n of the
State Government acquired directly or indirectly by himself or by a partner any share
or interest in any contract with, by or on behalf of the Board, the Board may remove
him from membership:
Provided that, before removing a member under this sub - section, the Board shall call for his
explanation and record its finding thereon.
(2) Notwithstanding anything contained in sub - section (1). a Chair man shall be removable
by the State Government only.
12. Appeal by members removed. - Any other member other than the Chairman removed
by the Board under Section 11, may within ninety days from the date of such removal,
appeal to the State Government and the order of the State Government on any such appeal
shall be final.
_ _____________________________________________________________________
1 . Substituted by Raj. Act No. 19 of 1956 .
13. Resignation. - (1) Any member other than the Chairman may at any time resign his
office by a letter addressed to the Chairman. Such resignatio n shall take effect from the
date on which it is accepted by the Board.
(2) A Chairman wishing to resign may tender his resignation to the Government. Such
resignation when accepted shall be published in the Rajasthan Gazette and shall take effect
from the date notified therein.
14. Filling of Casual vacancies. - (1) If a member or Chairman dies or resigns or from any
cause whatsoever ceases to be such member or Chairman, as the case may be, the
vacancy so created shall be filled up by election or nominatio n, as the case may be, within
such period as maybe prescribed.
(2) The term of office of a member or Chairman, elected or nominated to fill up the vacancy
mentioned in sub - section 91), shall be the remainder of the term of office of the member or
Chairman in whose place he has been so elected or nominated:
Provided that, in the case of an elected member, if the vacancy is for a period of six months,
or less, the State Government may direct that the vacancy be left unfilled until the next
general election.
1 5. Term of office. - Save as otherwise provided in this Act. the term of office of the
Chairman or a member shall be five years:
Provided that the outgoing Chairman or member shall continue in office until the election or
nomination of his successor, as th e case may be.
16. Eligibility for re - election or re - nomination. - A member or Chairman shall on the
expiry of his term of office be legible for re - nomination or re - election, as the case may be:
Provided that no person shall hold office as Chairman consecu tive by for more than two
terms.
17. Quorum. - It shall be necessary for the transaction of any business of the Board that not
less than five members thereof shall be present:
Provided that, in an adjourned meeting, all business postponed for want of quoru m at the
original meeting may be transacted, if not less than three members attend such meeting.
18. Procedure at meetings. - (1) The Chairman or in his absence the Vice Chairman shall
preside at every meeting of the Board. In the absence of both, the memb ers present shall
elect one among themselves for the purpose.
(2) All questions at a meeting of the Board shall be decided by the votes of the majority of
the members present and voting, in case of equality of votes, the person presiding shall
have a secon d or casting vote.
19. Time and place of meetings. - The Board shall meet at such time and place and every
meeting of the Board shall be summoned in such manner, as may be prescribed by
regulations:
Provided that, until regulations are made, it shall be la wful for the Chairman to summon a
meeting or meetings of the Board at such time and place, as he may deem expedient by a
letter addressed to each member on a clear notice of fifteen days.

20. Establishment of Advisory Committees. - (1) The Board shall, s ubject to any rules
made in this behalf, appoint the following Advisory Committees namely: -
(i) an Ayurvedic Committee,
(ii) a Unani Tibbi Committee,
[ 1 (ii - a) a Naturopathy and Yoga Committee, and]
(iii) a midwifery Committee.
(2) Each committee shall consist of -
(a) the Chairman who shall preside over its meetings, and
(b) two members who shall be -
(i) Vaidyas in the case of the Ayurvedic Committee,
(ii) Hakims in the case of the Unani Tibbi Committee,
[ 2 (ii - a) Naturopathy and Yoga Chikitsak in the cas e of Naturopathy and Yoga
Committee, and]
(iii) Midwives in the case of the midwifery Committee, appointment by the Board
from amongst its own members or outsiders or both, as it may decide.
(3) The term of each Committee shall be co - extensive with the ter m of the Board which
appointed it.
Explanation. - The term of a Board shall mean the period for which its Chairman and
members are entitled to hold office under Section 15.
(4) Such members of the Committee fees as do not happen to be members of the Board,
shall be entitled to the same rights, and privileges and be subject to the same liabilities as
the later and the provisions of sub - section (3) of Section 6, sub - section (1) of Section 8,
sub - section (1) of Section 11, Section 12, sub - section (1) of Section 13 and Sections 14 and
16 shall apply to such members in the same manner, as they apply to members of the
Board.
(5) No business shall be transacted at any meeting of a Committee when the Chairman or
both members are absent. The provisions of sub - section (2) of Section 18 and of Section 19
shall apply to meetings of Committees, as they apply to meetings of the Board.
21. Validity of proceedings. - No disqualification of or defect in the nomination, election or
appointment of the Chairman or a member or any person acting as the presiding authority
of a meeting shall be deemed to vitiate any act or proceedings of the Board or the
Committee in which such Chairman, member or person has taken part.
_ _____________________________________________________________________
1 . Inserted by Notification Act No. 34 of 2015, dated 15.10.2015.
2 . Inserted by Notification Act No. 34 of 2015, dated 15.10.2015.

22. Functions of Committees. - (1) Each Committee shall advise the Board generally on
all matters relating to the system which it represents and shall exercise such powers and
perForm such functions, as may be prescribed by rales.
(2) In particular and without prejudice to the generality of the foregoing provision, each
Committee shall, in relation to the system which it represents, -
(a) inquire into and advise the Board on all matters specified in Sections 38, 39, 40 and
42:
(b) make proposals to the Board for the exercise of all or any of its powers unde r
Section 23:
(c) hear appeals made to the Board under Sections 32, 34 and 36:
(d) advise the Board on matters specified in Sections 47 and 48: and
(e) enquire into and advise the Board generally for carrying out the purposes, and in
furtherance of the obj ects, of this Act.
(3) The Board may refer to any Committee such other matters, as it may consider
necessary for inquiry and advice.
(4) All decisions taken by a Committee shall be placed before the Board which may -
(i) accept them with or without modifica tion, or
(ii) reject them with or without a direction for reconsideration.
(5) The Chairman may, whenever he thinks it expedient to do so, summon a joint meeting of
all or any two or more of the Committees for the consideration of any matter or matters. At
such joint meetings, the same procedure shall be observed as at meetings of the Board
23. Allotment of funds and their control. - (1) The State Government may place a lump
sum allotment at the disposal of the Board every year for distribution according to rules
made by the State Government to the [ 1 Ayurvedic , Unani Tibbi and Naturopathy and
Yoga] dispensaries, hospital, infirmaries, lying in hospitals, surgical institutions and
maternity houses in Rajasthan and other suitable institutions consistent with t he aims and
objects of this Act.
(2) The State Government may likewise place at the disposal of the Board any sum or sums
earmarked for specific purposes, and the Board shall administer them for those purposes
only and subject to the conditions, if any, la id down by the State Government.
24. Payment of expenses. - (1) There shall be paid to the Chairman and members such
travelling and other expense, as may be prescribed.
(2) No Chairman or member shall receive any pay or special pay.
25. Powers and duties o f Chairman. - (1) The Chairman shall preside over and conduct
the meetings of the Board and the Committee and shall cause the recommendations of
each Committee to be placed before the Board. He shall cause all decisions of the Board to
be executed and carr ied out in a lawful manner without any unnecessary delay and shall be
responsible to the Board for such execution and carrying out.
(2) The Registrar and all other officers and servants of the Board shall be under the direct
control and supervision of the Chairman and shall abide by his order.
_ _____________________________________________________________________
1 . Inserted by Notification Act No. 34 of 2015, dated 15.10.2015.
26. Registrar. - (1) The State Government shall appoint, for the purposes of this Act, a
person being a practitioner, to be the Registrar who shall ex - officio be the Secretary of the
Board and each Committee and shall receive such salary and allowances, as the State
Government may from time to time determine.
(2) The Registrar shall not be removable from his office or otherwise punishable except with
the approval of the State Government.
27. Other officers and servants. - (1) The State Government may appoint such other
officers and servants, as may be necessary for carrying out the purposes of this Act and
determine the number and designations of such officers and servants and their salaries and
allowances.
(2) The State Government shall make rules regulating the power of the Board to punish the
officers and servants of the Board app ointed under this section.
28. Conditions of service, etc. - The conditions of service of the Registrar and other
officers and servants of the Board appointed under Section 27 shall be the same as those
of servants of the State Government of similar status , and all questions of their pay,
allowances, promotion, leave, pension and provident fund shall be governed by rules
applicable to the latter.
29. Chairman etc. to be public servants. - The Chairman, members, Registrar and other
officers and servants appo inted under Section 27. shall be deemed to be public servants
within the meaning of Section 21 of the Indian Penal Code.
30. Duties of Registrar. - (1) Subject to the provisions of this Act and to any general and
special orders of the Board, it shall be th e duty of the Registrar to keep the registers and
lists and discharge such other functions as are required to be discharged by him under this
Act or by rules or regulations made thereunder.
(2) The Registrar shall, so far as practicable, keep the registers and lists correct and up - to -
date and may from time to time enter therein any material alteration in the addresses or
qualifications of the practitioners:
Provided that no alteration in the entries in respect of additional qualifications shall be made
unless a fee of two rupees is paid in respect of each such qualification.
(3) As Secretary of the Board and Committees, the Registrar shall under the control,
direction and supervision of the Chairman, issue notices of meetings of the Board and
Committees, prepare and keep minutes of all such meetings, place the decisions of the
Committees before the Board and carry out all decisions of the Board.
(4) The Registrar shall also remove from the registers and lists the names of such
practitioners entered therei n, as are found upon inquiry or otherwise to have died or to have
ceased to be qualified for such entry or as have been subjected to an order of the Board
made under sub - section (1) of Section 42.
(5) For the purpose of sub - section (4), the Registrar may w rite to any registered or enlisted
practitioner at the address which is entered in a register or list to enquire whether he has
ceased to practice or has changed his residence, and, if no answer is received to the said
letter within three months, the Regis trar, may issue a registered reminder and in case no
reply is received within one month from the date of its issue, he may remove the name of
the said practitioner from the register or list, as the case may be:
Provided that the Board may, if it thinks fit , direct that the name of the said practitioner be
re - entered in the appropriate register or list.

31. Maintenance of registers. - The Board shall maintain in the prescribed form and in the
prescribed manner, -
(i) a register of Vaidyas,
(ii) a register o f Hakims,
[ 1 (ii - a) a register of Naturopathy and Yoga Chikitsaks, and]
(iii) a register of Midwives, each such register being divided into two parts -
(a) the first part containing the names of Vaidyas, Hakims [ 2 Naturopathy and Yoga
Chikitsaks] and Midwives, as the case may be. belonging to class A, and
(b) the second part containing the names of those belonging to class B.
32. Persons entitled to be registered. - (1) Every person possessing any of the
qualifications mentioned in Part A of the Schedu le shall, subject to the other provisions of
this Act and on payment of the fee prescribed by Section 33, be entitled, subject to such
conditions as the Board may prescribe, to have his name entered in the appropriate register
as a "A" class Vaidya, Hakim [ 3 Naturopathy and Yoga Chikitsak] or Midwife as the case
may be.
(2) Every person possessing any of the qualifications mentioned in Part B of the Schedule
shall likewise be entitled on payment of the fee prescribed by Section 33, to have his name
entered in the appropriate register as a "B" class Vaidya, Hakim, Midwife, as the case may
be.
(3) Applications for registration shall be made to and disposed of by the Registrar.
(4) Any application for registration made by a person whose case is not clearly gove rned by
the provisions of this Act or of the rules and regulations made thereunder, shall be referred
to the Board for such decision, as it may deem fit in consultation with the appropriate
Committee.
(5) Any person aggrieved by the decision of the Registr ar on any application for registration
or regarding the making of any entry or alterations in a register or regarding the removal of
his name therefrom, may within ninety days of such decision appeal to the Board.
(6) Such appeal shall be heard and decided in the prescribed manner.
(7) The Board may, on its own motion or on the application of any person, cancel or alter
any entry in a register if in the opinion of the Board such entry was fraudulently or
incorrectly, made or obtained.
33. Fees for registrat ion. - There shall be paid a fee of ten rupees for registration in either
part of each register by the person seeking registration:
Provided that a practitioner already registered at the commencement of this Act, under
Section 16 of the Jaipur Ayurvedic and Unani Tibbi Practitioners Act, 1943, shall be
required to pay a fee of two rupees only for such registration.
34. Transfer of class. - (1) Any person who is for the time being registered 'as' a 'B' class
practitioner may, subject to the other provision s contained in this Act, and the rules or
regulations made thereunder and on payment of a fee of five rupees, apply to the Registrar
for being registered as 'A' class practitioner.
(2) The provisions of Section 32 shall apply to every such application.
_ __ ___________________________________________________________________
1 . Inserted by Notification Act No. 34 of 2015, dated 15.10.2015.
2 . Inserted by Notification Act No. 34 of 2015, dated 15.10.2015.
3 . Inserted by Notification Act No. 34 of 2015, dated 15.10.2015.
35. Maintenance of lists. - The Board shall also maintain in the prescribed form and in the
prescribed manner separate lists of practising Vaidyas, Hakims [ 1 Naturopathy and Yoga
Chikitsaks] and Midwives who are neither registered nor qualified to be regis tered.
36. Persons entitled to be enlisted. - (1) (a) Every practitioner, not being a registered
practitioner, who proves to the satisfaction of the Registrar that he has been a in regular
practice for the prescribed number of years in Rajasthan of an Indi an system of medicine,
surgery or midwifery, and
(b) Every person, not being a practitioner, registered or enlisted under this Act who
satisfies the Registrar that he intends to tart the practice in Rajasthan of an Indian
system of medicine, surgery or mid wifery and possesses the requisite qualifications,
or fulfils the requisite conditions, prescribed for such practice shall be entitled to have
his name entered in the appropriate list on payment of the fee prescribed by Section
37.
(2) The provisions of Se ction 32, sub - sections (3) to (7), shall mutatis mutandis apply, so far
a may be, to the lists and to enlistment under this Section.
37. Fees for enlistment. - There shall be paid a fee of ten rupees for entry in a list by the
person seeking enlistment:
Provided that the practitioners already enlisted at the commencement of this act under
Section 18 of the Jaipur Ayurvedic and Unani Tibbi Practitioners Act, 1943, shall be
required to pay a fee of two rupees only for such enlistment.
38. Amendment of Sched ule. - (1) If the Board is satisfied -
(a) that a title, degree or certificate granted by a University, medical corporation,
examining body or other institution not included for the time being in Part "A of the
Schedule, is sufficient guarantee that the person holding such title, degree or
certificate possesses the knowledge or skill requisite, in the opinion of the Board, for
efficient Practice as a "A" class Vaidya, Hakim [ 2 Naturopathy and Yoga Chikitsak] or
Midwife, or
(b) that such title, degree or ce rtificate not included for the time being in Part "B" of the
Schedule is a sufficient guarantee that the person holding the same, possesses the
knowledge or skill requisite in the opinion of the Board for efficient practice as a "B"
class Vaidya, Hakim or Midwife, or
(c) that any such title, degree or certificate for the time being included in Part "A" of the
Schedule is not a sufficient guarantee, as aforesaid, for efficient practice as a "A"
class Vaidya, Hakim or Midwife but that the same is a sufficient guarantee, as
aforesaid for practice, as a "B" class Vaidya. Hakim or Midwife, or
_ _____________________________________________________________________
1 . Inserted by Notification Act No. 34 of 2015, dated 15.10.2015.
2 . Inserted by Notification Act No. 34 of 2015, dated 15.10.2015.
(d) that any such title, degree or certificate for the time being included in either part of
the Schedule is not a sufficient guarantee as aforesaid, for efficient practice as a
practitioner of either class, it may direct -
(i) in t he case mentioned in clause (a), that the possession of such title, degree or
certificate shall, subject tot he other provisions of this act and on payment of the
fee prescribed by Section 33, entitle a person to have himself registered as a
"A" class Vaid ya. Hakim or Midwife, as the case may be, or
(ii) in the case mentioned in clause (b), that the possession of such title, degree or
certificate shall likewise entitle a person to have himself registered as a "B"
class Vaidya. Hakim or Midwife, as the case may be, or
(iii) in the case mentioned in clause (c), that the names of the persons possessing
such title, degree or certificate shall, if registered in Part A of the registers, be
removed therefrom but that any such person shall, subject tot he other
prov isions of this act and on payment of the fee prescribed by Section 34, be
entitled to have himself Registered as a "B" class Vaidya. Hakim or Midwife, as
the case may be, or
(iv) in the case mentioned in clause (d), that the possession of such title, degre e or
certificate shall not entitle a person to have himself registered as a practitioner
of either class and that the names of any persons possessing the same shall, if
registered in either part of the register, be removed therefrom, and the Schedule
shall thereupon be deemed to have been altered accordingly.
(2) Every direction of the Board under sub - section (1), shall be subject to confirmation by
the State Government and shall take effect upon the publication of such confirmation in the
Rajasthan Gazette .
39. Qualifications and conditions for enlistment. - (1) The Board shall, with the previous
approval of the State Government and in consultation with the appropriate Committee, -
(a) prescribe the minimum qualifications which shall be required of a person for
enlistment under Section 36, and
(b) lay down the conditions which a person seeking such enlistment shall be required to
have fulfilled or to fulfil.
(2) Notwithstanding anything contained in sub - section (1), any practitioner whose name has
been remove d from either part of the register in pursuance of a direction under Section 38,
shall be entitled, subject to the other provisions of this Act and on payment of the fee
prescribed by Section 37, to have his name entered in the appropriate list irrespectiv e of
whether or not such practitioner possesses the qualifications prescribed, or fulfils the
conditions laid down under this Section.

40. Power of Board to call for information from medical institutions. - The Board shall
have power for the purposes of Sections 38 and 39 to call upon the governing body or other
authorities of a Medical Corporation, examining body or other institution, whether or not
included in or desirous of being included in the Schedule -
(a) to furnish such reports, returns or other information, as the Board may require to
enable it to judge of the efficiency of the instruction given there in in the Indian system
of medicine, surgery or midwifery: and
(b) to provide facilities to enable a member deputed by the Board in tins behalf to be
present at the examinations held by such corporation body or institution.
41. Information required of applicants for registration or enlistment. - (1) Every person
who applies to have his name entered in a register must satisfy the Board that he is
poss essed of some degree, title or certificate for the time being mentioned in the Schedule:
and he must inform the Registrar of the date on which he obtained the degree, title or
certificate which entitles him to claim registration under this Act, and shall f urnish any other
information required by the Registrar in order to enable him to discharge his duties under
this Act.
(2) Every person who applies to have his name entered in a list must satisfy the Board that
he is entitled to such enlistment by virtue of the qualifications or conditions prescribed under
Section 39, and he must likewise inform the Registrar of all particulars relating to such
qualifications or conditions and shall furnish other information required by the Registrar in
order to enable him t o discharge his duties under this Act.
42. Power of Board to prohibit entry in or to direct removal from a register or list. - (1)
The Board may prohibit the entry in, or order the removal from, a register or list of the name
of any person
(a) who has been sentenced by a Criminal Court in India to imprisonment for an offence
declared by the State Government to involve such moral turpitude as would render
the entry or continuance of his name in the register or list undesirable, or
(b) whom the Board after en quiry by itself or through a Committee (at which opportunity
has been given to him to be heard in his defence and to appear either in person or by
counsel, vakil, pleader or advocate, and which may, in the discretion of the Board, be
held in camera), has f ound guilty of professional misconduct or other infamous
conduct by a majority of atleast two - thirds of the members present and voting at the
meeting.
(2) The Board may direct that the name of any person against whom an order has been
made under sub - sectio n (1), shall be entered or re - entered as the case may be, after having
satisfied itself that due to the lapse of time or otherwise the disability mentioned in sub -
section (1) above, has ceased to have any force.

43. Notice of deaths and erasure of names from register. - (1) Every Registrar of deaths
who receives notices of the death of a person whose name he knows to be entered in a
register or list shall forthwith transmit by post or otherwise to the Registrar, a certificate of
such death signed by him a nd stating particulars of the time and place of death.
(2) On receipt of such certificate or other reliable information regarding such death the
Registrar shall remove the name of the deceased person from the register or list, as the
case maybe.
44. Penalt y on unregistered person representing that the he is registered. - If a person
whose name is not entered in a register or list falsely pretends that it is so entered or uses
in connection with his name or title any words or letters representing that his na me is so
entered, he shall, whether any person is actually deceived by such representation or not, be
punishable, on conviction by a Magistrate of the First Class, with fine which may extend to
two hundred rupees.
45. Procedure in inquiries. - For the purp ose of any inquiry held under clause (b) of sub -
section (1) of Section 42, the Board or a Committee, as the case may be, shall exercise the
power of a Commissioner appointed under the Public Servants (Inquiries) Act. 1850 of the
Central Legislature as adap ted to Rajasthan 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.
46. Publication of names entered in the registers. - (1) The Registrar shall, in every year
and from time to time, as occasion may require, on or before a date to be fixed in this behalf
by the Board, cause to be published in the Rajasthan Gazette and in such other manner, as
the Board may prescribe, a full or supplementary list of the names for the time being
entered in either part of each register and setting forth -
(a) all names so entered arranged in alphabetical order:
(b) the registered address and appointment held by, or actual employment of, each
person whose name is so entered: and
(c) the registered t itle and qualifications of each such person:
Provided that the Registrar shall from time to time get published in the Rajasthan Gazette,
the names of such practitioners whose names have been duly removed under any of the
provisions of this Act.
(2) In any proceeding, it shall be presumed that every person entered in the list published
under sub - section (1) is a registered practitioner and that any person not so entered is not a
registered practitioner:
Provided that in the case of a person whose name has be en entered in a register after the
last publication of the list as aforesaid, a certified copy, signed by the Registrar, of the entry
of the name of such person in a register shall be evidence that such person is registered
under this Act. Such certificate shall be issued free of charge, but a duplicate there of shall
be issued on payment of a fee of two rupees.

47. Powers of the Board. - The Board shall have the following powers, namely: -
(1) to recognize educational or instructional institutions of Indian system of medicine,
surgery and midwifery for purposes of registration or enlistment:
(2) to grant scholarships to students as may be poor and deserving, or meritorious: and
with the sanction of the State Government to grant to students domiciled in Rajasthan
scholarships for research or special study in any institution that the Board may think
fit:
(3) to suspend or withdraw the recognition of any institution: and
(4) subject to rules made by the State Government to distribute grants, out of the funds
placed at the disposal of the Board, to [ 1 Ayurvedic, Unani Tibbi and Naturopathy and
Yoga] dispensaries and hospitals, infirmaries, lying in hospitals, surgical institutions
and maternity houses in Rajasthan: and
(5) to adopt such measure and to do s uch acts as may be necessary for the furtherance
of the objects of this Act and not inconsistent with the provisions thereof.
48. Making of regulations. - (1) Subject to the provisions of this Act and of the rules made
thereunder, the Board may frame regulations for regulating the following matters, namely -
(i) conditions on which institutions may be recognised for the purpose of registration or
enlistment:
(ii) the time and place at which meetings of the Board and committees shall be held:
(iii) the i ssue of notices convening such meetings:
(iv) the conduct of business thereat:
(v) matters which are required under this Act to be prescribed by the regulations:
(vi) matters which are required under this Act to be prescribed by the Board: and
(vii) all ot her matters which may be necessary for the purpose of carrying out the objects
of this Act.
(2) All such regulations shall be published in the Rajasthan Gazette.
(3) The State Government may. by notification in the Rajasthan Gazette cancel any
regulation.
49. Disposal of fees. - All fees received by the Board on account of registration or
enlistment under this Act shall be credited to the Board and shall be applied for the
purposes of this Act, in accordance with rules.
_ ____________________________________ _________________________________
1 . Inserted by Notification Act No. 34 of 2015, dated 15.10.2015.

50. Special privileges of "A" class registered practitioners. - A registered practitioner of
"A" class alone shall be deemed to be qualified -
(i) for examining and investigating into cases and matters of medico - legal character, and
(ii) for giving expert evidence under Section 45 of the Indian Evidence Act 1872, at any
inquest or in any Court of law in respect of ail}' such cases and matters relating to the
Indian system of medicine, surgery or midwifery.
51. Qualified practitioner's certificates. - Notwithstanding any thing contained in any law
for the time being in force and subject to the provisions of Section 50 -
(1) The expression "legally qualified medical practitioner" or "duly qualified medical
practitioner" or any word importing that a person is recognised by law as a medical
practitioner or a member of the medical profession shall, in all laws in force in
Rajasthan and in all Acts of the Central Legislature (extended for the time being in
their application to Rajasthan), be deemed to include save as otherwise provided in
this Act, a registered practitioner.
(2) A certificate required under any law or rule having the force of law from any medical
practitioner or medical officer shall be valid, if such certificate has been granted by a
registered practitioner.
(3) A registered practitioner shall be eligible to hold any appointment as a [ 1 Vaidya,
Hakim, Naturopathy and Yoga Chikitsak, midwife or other medical officer in any
Ayurvedic or Unani Tibbi or Naturopathy and Yoga] dispensary, hospital, infirmary,
lying in hospital, surgical institution or maternity house supported by or receiving a
grant from the State Government or in any public establis hment, body or institution
dealing with an Indian system of medicine, surgery or midwifery.
(4) A registered practitioner shall be entitled to sign or authenticate: -
(a) a birth or death certificate required by any law or rule to be signed or
authenticated by a duly qualified medical practitioner, and
(b) a medical or physical fitness certificate required by law or rule to be signed or
authenticated by a duly qualified medical practitioner.
_ __________________________________________________________________ ___
1 . Inserted by Notification Act No. 34 of 2015, dated 15.10.2015.

52. Reservation of certain appointments to Vaidyas, etc. who have qualified
themselves from educational institutions recognised by the Board. - Except with the
special sanction of the State Government, no person, other than a registered Vaidya,
Hakim [ 1 Naturopathy and Yoga Chikitsak] or Midwife who has qualified himself or herself
from an institution recognised by the Board for the purpose, and is a domiciled resident of
Rajasthan, shal l be competent to hold an appointment as medical officer of health or as
Vaidya, [ 2 Naturopathy and Yoga Chikitsak] Hakim, midwife or other medical officer in an
Ayurvedic or Unani Tibbi [ 3 Naturopathy and Yoga Chikitsak] Hospital, infirmary, dispensary,
lyi ng in hospital, surgical institution or maternity house maintained by or under the control of
the State Government or a local authority:
Provided that Vaidyas, Hakims [ 4 Naturopathy and Yoga Chikitsak] and midwives in the
employ of the State Government or a local authority on the date on which this Act comes
into force shall continue to hold their appointments.
53. Exemption from serving on inquest. - Notwithstanding anything in any other law for
the time being in force, every registered practitioner shall b e exempted, if he so desires,
from serving on any inquest or as a juror or assessor under the Code of Criminal
Procedure, 1898.
54. Rules. - (1) The State Government may, after previous publication. from time to time,
make rules consistent with this Act to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the State
Government may make rules for any of the following matters, namely: -
(a) the time at which and the place and manner in which e lection shall be held under
Section 6:
(b) the regulation of elections under this Act;
(c) the conduct of and the maintenance of correct minutes of meetings of the Board:
(d) the manner in which vacancies shall be filled under Section 14:
(e) the salary an d allowances and other conditions of service of the Registrar and other
officers and servants of the Board:
(f) the form of the registers and lists of Vaidyas, Hakims [ 5 Naturopathy and Yoga
Chikitsak s ] and midwives to be maintained under this Act:
(g) the application of fees chargeable under this Act:
(h) the manner in which appeals against the decisions of the Registrar shall be heard by
the Board:
(i) the expenses payable to the Chairman and members:
_ ______________________________________________________ _______________
1 . Inserted by Notification Act No. 34 of 2015, dated 15.10.2015.
2 . Inserted by Notification Act No. 34 of 2015, dated 15.10.2015.
3 . Inserted by Notification Act No. 34 of 2015, dated 15.10.2015.
4 . Inserted by Notification Act No. 34 of 2015, dated 15.10.2015.
5 . Inserted by Notification Act No. 34 of 2015, dated 15.10.2015.

(j) anything that is required under this Act to be prescribed by rules:
(k) anything that is required under this Act to

Excerpt shown. Open the full act in Lexace.

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