The rajasthan electropathy system of medicine act, 2018

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THE RAJASTHAN ELECTROPATHY SYSTEM OF MEDICINE ACT , 2018
(Act No. 13 of 2018)
[Received the assent of the Governor on the 10 th day of April, 2018]
A n
Act
to provide for the constitution of a Board of Electropathy System of Medicine for the
development and expansion of the Electropathy system of medicine in the State of
Rajasthan, for the registration of practitioners of that system of medicine and for other
matters connected therewith and incidental thereto .
Be i t enacted by the Rajasthan State Legislature in the Sixty - ninth year of the
Republic of India, as follows: -

CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the
Rajasthan Electropathy System of Medicine Act, 2018.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force on such date as the State Government may by
notification in the Official Gazette, appoint.
2. Definitions . - In this Act, unless the context otherwise requires, -
(a) “Board” means the Board of Electropathy System of Medicine for
Rajasthan established and constituted under this Act;
(b) “Chairperson” means the Chairperson of the Board;
(c) “Electropathy” means the system of medicine founded by Dr. Count
Ceseare Ma ttei of Italy in the nineteenth century based on treatment of
diseases by medicines made by the method of Spagyrical Cohobation
(repeated distillation) by which the life force of the plants are collected in the
form of micro, macro and trace elements of th e herbs;
(d) “member” means a member of the Board and includes the Chairperson
thereof;
(e) “practitioner” means a person who practises the Electropathy system of
Medicine;
(f) “recognised medical qualification” means any of the qualifications in
Electr opathy recognized by the Board;
(g) “register” means the register of Electropaths maintained under section
28;
(h) “registered Electropaths” means a Electropathy practitioner registered
under the provisions of this Act;
(i) “Registrar” means the Registrar appointed under this Act.
CHAPTER II
ESTABLISHMENT AND CONSTITUTION OF BOARD
3. Establishment of Board. - (1) The State Government shall by notification in
the Official Gazette, establish, in the manner provided hereafter, a Board to be called
th e Rajasthan Board of Electropathy System of Medicine, for the purpose of carrying out
the provisions of this Act.
(2) The Board so established shall be a body corporate having a perpetual
succession and a common seal and may sue or be sued in its corporat e name.
4. Constitution of the Board. - The Board shall consist of the following members,
namely :
(a) four persons to be nominated by the State Government of whom at least
two shall be registered Electropaths;
(b) one person possessing recognized medical qualification to be elected by
the teachers of the recognized Electropathy institutions in State of Rajasthan;
(c) two experts in the field of Electropathy to be nominated by members of the
Board elected and nominated under clauses (a) and (b).
5. Chairperson. - The Chairperson of the Board shall be nominated by the State
Government from amongst the members of the Board.
6. Term of office of members. - (1) The term of office of a member of the Board
shall be three years from the date on which the first meeting of the Board is held after
their nomination or, as the case may be, election under section 4:
Provided that the State Government may from time to time extend such term to
any further period not exceeding in t he aggregate one year.
(2) Notwithstanding anything contained in any other provision of this Act, the
State Government, if it thinks fit in public interest so to do, may, at any time by a
notification in the Official Gazette terminate the normal or extend ed term of office of any
member of the Board.
(3)An out - going Chairperson, or member, if otherwise qualified, shall be eligible
for re - election or re - nomination, as the case may be.
7. First Board to be nominated by the Government. - Notwithstanding anyth ing
contained in section 4 and section 5, members of the first Board (including the
Chairperson) constituted after the commencement of this Act shall be nominated by the
State Government and shall hold office for a period of three years from its constituti on :
Provided that the State Government may from time to time extend the term of
office of the Board to any further period not exceeding in aggregate one year.
8. Resignation. - (1) Any member other than the Chairperson may at any time
resign his office by a letter addressed to the Chairperson and such resignation shall
take effect from the date on which resignation is accepted by the Chairperson.
(2) A Chairperson may at any time resign from his office by a letter addressed to
the State Government and suc h resignation shall take effect from the date on which
resignation is accepted by the State Government.
9. Filling of casual vacancies. - If a member or Chairperson of the Board dies or
resigns or from any cause whatsoever, in accordance with the provision of this Act,
vacates his office or is removed therefrom, the vacancy so caused shall be filled by
fresh nomination or, as the case may be , election within such period as may be
prescribed.
10. Vacation of Office. - If any member during the period for which he has been
nominated or elected, -
(a) absents himself without cause from three consecutive ordinary meetings
of the Board, or
(b) beco mes subject to any of the disqualifications mentioned in section 17,

the Board may declare his office to have become vacant:

Provided that when the Board proposes to take action under this section an
opportunity of explanation shall be given to the mem ber concerned and, when such
action is taken, the reasons therefor shall be placed on record.
11.Removal from Office. - (1)The State Government may remove a Chairperson
or member, who, in its opinion, has so flagrantly abused, in any manner, his position, as
such as to render his continuance on the Board detrimental to the public interest or who
has been guilty of habitual failure in the performance of his duties : Provided that when
the State Government proposes to take action under this section, it shall give the
Chairperson or member an opportunity of explaining his conduct on account of which it
is proposed to remove him, shall make such enquiry as it may consider necessary and
shall, in the event of taking such action , place on record the reasons therefor.
(2) The State Government may place under suspension a member, or
Chairperson against whom an inquiry relating to the abuse of his position as a member
or Chairperson is pending before it or in a court of law, or und er the orders of the State
Government or the Board till final orders have been passed on the legal proceedings or
the enquiry as the case may be. Such member or Chairperson shall not take part in any
proceedings of the Board during the period of suspension .
12. Duties of Chairperson. - It shall be the duty of the Chairperson -
(a) unless provided otherwise by this Act or prevented by reasonable cause -
(i) to convene and preside over all meetings of the Board, and
(ii) to control in accordance with any regulations to be made in this
behalf the transaction of business at all meetings of the Board;
(b) to superintend and control the financial and executive administration of
the Board and bring to its notice any defects ther ein; and
(c) to perform such other duties as are required of, or imposed on, him by or
under this Act or rules made thereunder.
13. Power of Board to require reports etc . - (1) The Board may require the
Chairperson to furnish it with -
(a) any return, st atement, estimate, statistics or other information regarding
any matter pertaining to the administration of the Board;
(b) a report or explanation on any such matter; and
(c) a copy of any record, correspondence, plan or other document which is
in his po ssession or control as Chairperson or which is recorded or filed in
the office of any servant of the Board.
(2) The Chairperson shall comply with every requisition made under sub - section
(1) without unreasonable delay.
14. Delegation by Chairperson of hi s powers and duties. - (1)The Chairperson
may empower, by general or special order, any member of the Board elected under
section 15 to exercise under his control any one or more of his powers, duties or
functions.
(2) An order by the Chairperson under sub - section (1) may lay down any
conditions and impose any restrictions, in respect of the exercise of any power, the
performance of any duty or the discharge of any function by such member.
(3) In particular, such order may lay down the condition that an y order made in
the exercise of a power conferred on him by sub - section (1) shall be liable to rescission
or modification by the Chairperson upon appeal to him within a specified time.
15. Duties of Board in absence of Chairperson . - A person elected by the
Board Members from amongst themselves shall -
(a) during the vacancy in the office of the Chairperson or the incapacity or
temporary absence of the Chairperson, perform any other duty or exercise
any other power of the Chairperson; and
(b) at any time p erform any duty and exercise, when occasion arises any
power, delegated to him by the Chairperson under section 14.
16. Nomination of members in default of election . - If the electoral body
referred to in section 4 fails, by such date as may be prescribed t o elect a member or to
fill - up the vacancy, the State Government shall, on the recommendation of the Board, fill
up such vacancy by nomination of a person qualified to be elected by such electoral
body.
17. Disqualifications for membership. - A person shall be disqualified for being
nominated or elected as, or for being a member of, the Board, if -
(a) he has been sentenced by a court to imprisonment for an offence involving
moral turpitude or indicating, in the opinion of the Board, such a defect in
charact er as would render the entry or continuance of his name in the register
undesirable, the sentence not having been subsequently reversed in appeal or
revision or remitted by an order which the State Government is empowered to
make if it thinks it;
(b) the Board, after enquiry (at which an opportunity has been given to such
person to be heard in his defence either personally or through a representative)
has found him guilty, by a majority of two - thirds of the members present and
voting at the meeting, of inf amous conduct in any professional respect,
(c) he is an undischarged insolvent;
(d) he has been adjudged by a competent court to be of unsound mind;
(e) he is a dismissed servant of the State Government or of any local authority,
(f) he is debarred from practising as a legal practitioner by order of any
competent authority;
(g) he holds any place of profit in the gift or disposal of the Board;
(h) being a legal practitioner he appears in any suit or proceeding, civil or
criminal agains t the Board; or
(i) he has 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.
18. Notification of elections, etc. - The name of every member or Chairperson of
the Board elect ed or nominated under this Act and of every member, or Chairperson
who has resigned under section 8 or vacated his office under section 10 or has been
removed therefrom under section 11, shall be notified in the Official Gazette.
19. Payment of allowances . - There shall be paid to the members of the Board
such travelling and daily allowances as may be prescribed
20. Meetings of the Board . - (1) The Board shall meet at its office at Jaipur or at
such other place and at such time, and every meeting shall be con vened in such
manner, as may be provided by regulations made by the Board.
(2) No business shall be transacted at any meeting of the Board unless four
members are present.
21. Chairperson of meeting. - If at a meeting the Chairperson is not present the
mem bers present shall elect one from amongst themselves to be the Chairperson of the
meeting and such Chairperson shall perform all the duties, and may exercise all the
powers of the Chairperson of the Board while presiding at the meeting.
22.Power of Chairp erson of meeting to maintain order. - Where at a meeting
of the Board any member or other person refuses to comply with any direction of the
Chairperson ruling any business or matter out of order or otherwise regulating the
conduct of members or of business or where any member or person wilfully disturbs the
meeting the Chairperson may require that member or person to withdraw from the
meeting and in the event of his omitting to do so, may employ against him such force as
is necessary, or as in good faith he believes to be necessary, for the purpose of
removing and excluding him from the meeting.
23. Decision by Board . - (1) All questions which may come before a meeting of
the Board shall, unless otherwise provided in this Act or in the rules or regulations ma de
thereunder, be decided by a majority of the votes of the members present and voting.
(2) In case of an equality of votes the Chairperson of the meeting shall have a
second or casting vote.
24.The minute book and resolutions. - (1) The names of the membe rs present
and the proceedings held and resolutions passed, at a meeting of the Board shall be
entered in a book to be called the minute book.
(2) The minutes shall be read out at the meeting or at the next following meeting
and after being passed as corr ect by the members or a majority of them present at the
reading, shall be certified as passed by the signature of the Chairperson of the meeting
at which they are passed.
(3) A copy of the proceedings of every meeting of the Board shall within fifteen
day s from the date of the meeting be forwarded to the State Government or any other
authority appointed by the State Government in this behalf.
25.Establishment of Advisory Committee. - (1) Subject to the rules made by the
State Government for this purpose, th e Board may, by a resolution in this behalf,
appoint an Advisory Committee consisting of seven persons of whom three shall be the
members of the Board and four co - opted members, for any purpose provided for in this
Act and may appoint a Convenor who shall preside over the meetings of such
Committee in the absence of the Convenor, the committee may elect any one of its
members for this purpose.
(2) All questions at a meeting of the Committee shall be decided by a majority of
the votes of the members present and voting. In case of an equality of votes, the person
presiding shall have a casting vote.
(3) No business shall be transacted at any meeting of the Committee when less
than four members are present.
(4) Proceedings of every meeting of the Committee shall be laid before the Board
which may take such action thereon as it deems necessary.
(5) The members of the Advisory Committee shall be paid such travelling and
other allowances as may be payable to the members of the Board under section 19.
26. Vali dity of proceedings. - (1) No vacancy in the Board or in a Committee of
the Board shall vitiate any act or proceedings of the Board or such committee.
(2) No disqualification of or defect in the election or nomination of, any person
acting as a member of th e Board or as the Chairperson or the person presiding at a
meeting shall be deemed to vitiate any act or proceeding of the Board in which such
person has taken part.
CHAPTER III Staff and Registration
27. Registrar and other officers and servants of the Board. - (1) The State
Government shall appoint the Registrar of the Board.
(2) The Registrar shall be the Secretary and the executive officer of the Board.
(3) The Board may, with the prior approval of the State Government, appoint
such other officers and servants as may be necessary for carrying out the purposes of
this Act.
(4) All questions relating to the number, designations, pay and allowances,
recruitment, promotions, leave, provident fund and other conditions of service of the
officers and servant s appointed under sub - section (3) shall be governed by rules made
by the State Government.
(5) The Registrar and any other officer or servant appointed under this section
shall be deemed to be a public servant within the meaning of section 21 of Indian P enal
Code, 1860 (Central Act 45 of 1860).
28. Maintenance of register. - (1) The First Board shall, within one and a half
year of its constitution, prepare a register of Electropaths.
(2) The register shall be kept and maintained by the Board in such man ner as
may be prescribed.
29. Duties of Registrar. - (1) Subject to the provisions of this Act and subject to
any general or special orders of the State Government or the Board, it shall be the duty
of the Registrar to keep and maintain the register and dis charge such other functions as
are required to be discharged by him under this Act or by any rules or regulations made
thereunder.
(2) The Registrar shall, so far as practicable, keep and maintain the register
correct and up - to - date and may from time to t ime enter therein any material alterations
in the addresses or qualifications of the registered Electropaths. He shall also remove
from the register the names of the registered Electropaths who die or who cease to be
qualified as such.
30. Persons entitled to be registered . - (1) Every person, possessing recognized
medical qualifications shall, subject to the provisions of this Act, be entitled to have his
name entered in the register.
(2) An application for registration shall be made to and disposed of by the
Registrar.
(3) Every application for registration under sub - section (2) shall be made in such
form and manner and be accompanied with such registration fee as may be prescribed
by the Board.
(4) Any person aggrieved by the decision of the Regi strar regarding the
registration of any person may within ninety days from the date of such decision or
within such extended time as the Board may upon sufficient cause allow, appeal to the
Board.
(5) Such appeal shall be heard and decided by the Board in the prescribed
manner.
(6) The Board may on its own motion or on the application of any person and
after calling for an explanation from the person concerned and considering the same,
cancel or alter any entry in the register, if in the opinion of the Board, such entry was
fraudulently or incorrectly made or obtained.
31. Renewal of registration. - (1) Every registered Electropath shall be entitled to
practice for a period of three years from the date on which his name has been
registered and if he desir es to practice after the expiry of the said period, he shall, upon
an application made to the Registrar along with a prescribed renewal fee for every
period of three years, be entitled to the continuance of his name in the register.
(2) If the renewal fee is not paid before the due date, the registrar shall remove
the name of the defaulter from the register:
Provided that the name so removed may be restored to the register on payment
of the renewal fee in such manner and subject to such conditions as may be
prescribed.
32. Power of Board to recognise titles, etc. for purposes of registration . - If
the Board is satisfied that any title or qualification granted or certified by a University,
medical institution, examining body or other institution in or outsid e India is sufficient
guarantee that persons holding such title or qualification possess the knowledge and
skill requisite for the efficient practice of Electropathy, it may recognize such title or
qualification.
33. Power of Board to call for information from institutions. - The Board shall
have power to call upon the governing body or authority of a University, medical
institution, examining body or other institution, recognised or desirous of being
recognized -
(a) to furnish such reports, returns or other information as the Board may
require to enable it to judge the efficiency of the instructions given therein in
Electropathy; and
(b) to provide facilities to enable a member of the Board deputed by it in this
behalf to be present at the examination held by such University, medical
institution, examining body or other institution.
34. Information required from applicants for registration. - Every person who
applies to have his name entered in the register must sa tisfy the Registrar that he
possesses recognized medical qualification and he must inform the Registrar of the
date on which he obtained the such qualification and shall also furnish any other
information required by the Registrar in order to enable him to discharge his duties
under the Act.
35. Entry of new titles and qualifications . - If a person whose name is entered
in the register obtains any title or qualification other than the title or qualification in
respect of which he has been registered, he shal l on payments of such fee as may be
prescribed be entitled to have an entry stating such other title or qualification made
against his name in the register, either in substitution for, or in addition to, any entry
previously made.
36.Powers of Board to pr ohibit entry in or to direct removal from the
register . - (1) The Board may prohibit the entry in, or order the removal from, the
register of the name of any Electropath -
(a) who has been sentenced by a court in India to imprisonment for an
offence declar ed by the State Government to involve such moral
turpitude as would render the entry or continuance of his name in the
register undesirable; or
(b) whom the Board or a committee of the Board specially authorised for
the purpose, after enquiry at which an opportunity has been given to him
to be heard in his defence and to appear either in person or by counsel
and which may in the discretion of the Board, be held has found guilty of
professional misconduct or other infamous conduct by a majority of at
least two - thirds of the members present and voting at the meeting; or
(c) who has been found by the Board or a Committee of the Board
specially constituted for this purpose, after an enquiry and after giving
the person concerned an opportunity of being heard, t o have obtained
registration fraudulently or by submitting false or forged or incorrect
document or on the basis of misrepresentation or by the use of deceitful
and dishonest means.
(2) The name of any person against whom an order has been made under
clauses (a) and (b) of sub - section (1) shall be entered or re - entered in the register, as
the case may be, after six years from the date of such order.
37. Notice of deaths and erasure of names from register. - (1) Every Registrar
of Death who receives noti ce of the death of a person whose name he knows to be
entered in the register shall forthwith transmit by post to the Registrar of the Board a
certificate of such death, signed by him and stating particulars of the time and place of
death.
(2) On receipt of such certificate or other reliable information regarding such
death, the Board shall erase the name of the deceased person to be erased from the
register.
38. Publication of names entered in the register. - (1) The Registrar shall in
every year and from time to time as occasions may require, on or before a date to be
fixed in this behalf by the Board, cause to be published in the Official Gazette and in
such other manner as the Board may specify, a full or supplementary list arranged in
alphabetical order of the names for the time being entered in the register and setting
forth -
(a) the registered address and appointment held by or actual employment of
each person whose name is entered in the register;
(b) the registered titles and qualifications of eac h such person and the date
on which each such title or qualification was granted or certified:
Provided that the Registrar shall from time to time get published in the Official
Gazette the names of such registered Electropaths whose names have been duly
r emoved from the register under any provision of this Act.
(2) In any proceeding it shall be presumed that every person entered in such list
is a registered Electropath:
Provided that in the case of a person whose name has been entered in the
register aft er the last publication of the list, a certified copy signed by the Registrar of
the entry of the name of such person in the register shall be evidence that such person
is registered under this Act, and such certificate shall be issued free of charge.

CHAPTER IV
Functions and Finances of the Board
39. Powers of the Board . - The Board shall have the following powers
namely: -
(i) to recognise and affiliate Electropathic educational or instructional
institutions;
(ii) to prescribe courses of study and curricula for general instruction or
special or refresher courses in institutions affiliated to the Board in such branches
of the Electropathy as the Board may prescribe;
(iii) to hold examinations and to grant certificates to the persons who shall
have pursued a course of study in an educational institution recognized by the
Board as the Board may think fit;
(iv) to institute exhibitions and award medals thereat, to grant scholarships
and medals to those who obtain high po sition at the Board’s examinations or are
poor and deserving, and with the sanction of the State Government, to grant
scholarships for special study in research and manufacture of Electropathic
medicines in any medical institution or a reputed firm that th e Board may think fit,
and to endow chairs of Electropathy in institutions affiliated to the Board as the
Board may prescribe;
(v) to demand and receive from students such fees as may be prescribed for
admission to the Board’s examinations;
(vi) to exerc ise general supervision over the residential and disciplinary
arrangements made by the educational institutions affiliated to the Board and to
make arrangements for promoting the health and general welfare of their
students as the Board may prescribe;
(vii) to appoint examiners and publish the results of the examinations held by
it as the Board may prescribe;
(viii) to suspend or withdraw the recognition of any institution which is not
conducted in accordance with the conditions prescribed by this Act or the rules or
regulations framed thereunder:
Provided that no such action shall be taken without affording the Committee
or management of such an educational institution an opportunity of making such
representation as it may deem fit;
(ix) to appoint, with the previous sanction of the State Government,
Inspectors for the inspection of Electropathic dispensaries, hospitals and
educational institutions in the State as the Board may prescribe;
(x) to promote study in the science of Electropathy and to pub lish
Electropathic journals;
(xi) to establish or aid research institutions and to encourage scientific
manufacture of Electropathic medicines in the State;
(xii) to be the Licensing, Quality and Controlling Authority of manufacturing of
Electropathic Me dicines and products as the Board may prescribe;
(xiii) to do such acts not inconsistent with the provisions of this Act and the
rules and regulations made thereunder, as may be necessary for the furtherance
of the objects of this Act;
(xiv) to appoint w ith prior approval of the State Government standing or
ad - hoc Committees to delegate any of its powers and instructions to such
Committees subject to any restriction and to make regulations for determining the
procedure to be followed by such Committee.
40. Budget . - (1) The Board shall have prepared and laid before it at a
meeting, to be held in every year before such date as may be prescribed a
complete account of the actual and estimated receipts and expenditure for the
year ending on the 31st day of Mar ch next following such date, together with a
budget estimate of the income and expenditure of the Board for the year
commencing on the first day of April next following.
(2) The Board shall at such meeting decide upon the appropriations and ways
and means contained in the budget estimate and pass the budget which shall be
submitted to the State Government or to such other authority as the State Government
may by order direct within fifteen days from the date of the meeting in which the budget
is passed.
( 3) If the State Government is satisfied that adequate provision has not been
made therein for giving effect to the provisions of this Act, it shall have the power to
suggest such modifications as may be necessary to secure such provision and return
the bud get to the Board with its observations regarding the modifications to be made
therein. The Board shall consider such observations and pass the budget with such
modifications as it deems necessary.
(4) If in the course of a year the Board finds it necessar y to modify the figures
shown in the budget with regard to its receipts or to the distribution of the amounts to be
expended for the purposes of this Act, a supplementary budget may be prepared,
passed, submitted and modified in the manner provided in sub - sections (1), (2) and
(3).
(5) As soon as may be after the first day of October every year, the revised
budget for the year shall be framed and such revised budget shall, so far as may be, be
subject to all the provisions of the foregoing sub - section app licable to a budget.
41. Electropathic Fund. - (1) There shall be established a Fund to be called
Electropathic Fund, hereinafter referred to as the ‘Fund’.
(2) There shall be placed to the credit of the Fund -
(a) grants and loans received from the State Government;
(b) all fees received by the Board on account of registration of Electropaths
and admission to the Board’s examinations;
(c) contribution received from any local authority or any Electropathic
association; and
(d) all sums received by or on behalf of the Board from sources other than
those mentioned in the foregoing clauses.
(3) The Fund shall be applied for the purpose specified in this Act and for such
other purposes and in such manner as m ay be prescribed.
(4) The expenses of the Board shall include the salaries and allowances of the
Registrar and the staff appointed by the Board, the fees and allowances paid to the
Chairperson and members of the Board, the expenses for the conduct of exa minations
and such other expenses as are necessary for carrying out the purposes of this Act.
42. Accounts and Audit . - (1) The Board shall keep accounts and submit such
statements to the State Government as may be prescribed.
(2) Accounts of receipts and expenditure of the Board shall be maintained for
every financial year in such form as may be prescribed.
(3) All accounts kept and maintained by the Board shall be audited, as soon as
may be after the end of each financial year, by the Examiner of Local Fund Audit for the
State and the provisions of the Rajasthan Local Fund Audit Act, 1954 (Act No. 28 of
1954) shall apply.
(4) The Board shall be bound to comply with all such directions as the State
Government may think fit to issue after going through th e audit report in respect of its
accounts.
(5) The Board shall pay out of the Fund such sum as may be determined by the
State Government by way of charges for audit.

CHAPTER V
Privileges of Electropaths
43. Privileges of Electropath. - Subject to the conditions and restrictions laid
down under this Act regarding practice of Electropath by persons possessing
recognised medical qualifications, every person whose name is for the time being borne
on the Register shall be entitled according t o his qualification to practice Electropathy in
any part of the State and to recover in due course of law in respect of such practice any
expenses, charges in respect of medicaments or other appliances or any fees to which
he may be entitled but he shall n ot be entitled to use the term ‘Doctor’ or ‘Dr.” with his
name.
CHAPTER VI
Miscellaneous
44. Appeals to State Government from decisions of Board . - (1) An appeal
shall lie to the State Government from every decision of the Board under this Act.
(2) Every a ppeal under sub - section (1) shall be preferred within three months of
the date of the communication of the decision sought to be appealed from.
45. Control of Board by State Government . - If at any time it shall appear to the
State Government that the Boar d has failed to exercise or has exceeded or abused a
power conferred upon it by or under this Act or has failed to perform a duty imposed
upon it by or under this Act, the State Government may, if it considers such failure,
excess or abuse to be of a serio us character, notify the particulars thereof to the Board;
and if the Board fails to remedy such failure, excess or abuse within such time as may
be fixed by the State Government in this behalf, the State Government may dissolve the
Board and cause all or any of the powers and duties of the Board to be exercised and
performed by such Administrator or other agency and for such period as it may think fit
:
Provided that a new Board shall be constituted within one and a half year of
such dissolution.
46. Pen alty on unregistered person representing that he is registered . - If a
person whose name is not entered in the register falsely pretends that it is so entered or
uses in connection with his name or title any word or letters representing that his name
is so e ntered, he shall, whether any person is actually deceived by such representation
or not, be punishable, on conviction, with fine which may extend to twenty thousand
rupees.
47. Conferring, granting or issuing certificate, etc. by unauthorised person
or institution . - (1) No person other than an institution recognised by the Board under
this Act shall confer, grant or issue, or hold himself out as entitled to confer, grant or
issue, any certificate or other title or qualification stating or impl ying that the holder,
grantee or recipient thereof is qualified to practice the Electropathy system of medicine.
(2) Whoever contravenes the provisions of this section shall be punishable, on
conviction, with fine which may extend to twenty thousand rupee s.
48. False assumption of certificate, etc . - Whoever voluntarily and falsely
assumes or uses any title, description or any addition to his name implying that he holds
certificate or other title or qualification conferred, granted or issued by any institut ion
recognised by the Board under this Act or that he is qualified to practise the
Electropathy system of medicine under the provisions of this Act shall, on conviction, be
punishable with fine which may extend to twenty thousand rupees.
49. Penalty for p ractising in contravention of the Act . - If after the
commencement of this Act, any person, other than a registered Electropath, practises or
holds himself out, whether directly or by implication, as practising or as being prepared
to practise, the Electropathy system of medicine, he shall be punishable with fine which
may extend to twenty thousand rupees.
50.Mode of proof of Board’s records . - A copy of any proceeding, receipt,
application, plan, notice, order, entry in a register or other document in the possession
of the Board shall, if duly certified by the Registrar or other person authorised by the
Board in this behalf, be received as prima facie evidence of the entry or document and
shall be admitted as evidence thereof and of all the matters t herein recorded in every
case where, and to the same extent as the original entry or document would, if
produced have been admissible to prove such matters.
51. Rules . - (1) The State Government may, by notification in the Official Gazette,
make rules to ca rry out the purposes 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 and place at which and the manner in which electio n shall be
held under section 4;
(b) regulation of elections under this Act;
(c) the salary and allowances and other conditions of service of the Registrar
and other staff;
(d) the conduct and maintenance of correct minutes of meetings of the
Board;
(e) the manner in which vacancies shall be filled under section 9;
(f) the accounts to be kept by the Board and the manner in which such
accounts shall be audited and published;
(g) the date before which a meeting shall be held for the passing of the
bud get;
(h) the method and forms to be adopted in the preparation of the budget;
(i) the returns, statements and reports to be submitted by the Board;
(j) the forms of the register of Electropaths to be maintained under this Act;
(k) the fees chargeable u nder this Act;
(l) the manner in which appeals against the decisions of the Registrar shall
be heard by the Board under section 30;
(m) allowances payable to members of the Board and its Chairperson;
(n) the remuneration to be paid to the Chairperson;
(o) the furtherance of any object of the Board as a teaching or examining
body.
(p) maintenance of a patient register by Electropaths in the prescribed form;
(q) delegation of powers by the State Government and by the Board;
(r) the form of application for the grant of licence or permit under clause (xii)
of section 39 and the particulars to be filled therein;
(s) the conditions for the grant of licence, the renewal of licence and the fees
payable therefor; and
(t) the furtherance of any other objects of the Act.
(3) All rules made under this Act shall be laid, as soon as may be after they are
so made, before the House of the State Legislature, while it is in session, for a period of
not less than fourteen days, which may comprise in one session or in two successive
sessions and if before the expiry of the session in which they are so laid, or of the
session immediately following, the House of the State Legislature makes any
modification in any of such rules or resolves that any such rule should not be made,
such rule shall thereafter have effect only in such modified form or be of no effect, as
the case may be, so however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done thereunder.

52. Regulations . - (1) Subject to the provisions of this Act and the rules made
thereunder, the Board may frame regulations for regulating the following matters,
namely: -
(a) the conditions on which institutions may be affiliated or recognised for the
purpose of granting recognized medical qualification;
(b) the admission of students to the educational or instructional institutions
affiliated to the Board;
(c) the conditions under which students shall be admitted to any certificate or
other c ourse and to the examinations of the Board and shall be eligible for
certificates and other recognized medical qualification;
(d) the conditions of residence of the students in the educational or
instructional institutions affiliated to the Board and the levying of fees for
such residence;
(e) the number, qualifications and emoluments of teachers of the educational
or instructional institutions affiliated to the Board;
(f) the fees to be charged for courses of study in such institutions and for
admissio n to the examinations;
(g) the conditions and mode of appointment and duties of examiners and the
conduct of examinations;
(h) the time and place at which meetings of the Board shall be held:
(i) the issue of notice convening such meeting;
(j) the cond uct of business thereat ;
(k) the asking of questions by members of the Board at its meeting subject to
such conditions and restrictions as may be provided in the regulations;
(m) all other matters which may be necessary for the purposes of carrying
out the objects of this Act.
(2) All regulations framed under sub - section (1) shall be published in the Official
Gazette.
53. Bar to suit and other legal proceedings . - (1) No suit or other legal
proceeding shall lie against the State Government in respect of an act done in the
exercise of the powers conferred by this Act or the rules made thereunder.
(2) No suit or other proceeding shall be maintainable against the Bo ard or any
member or any officer or servant of the Board or any person acting under the direction
of the Board or of the Chairperson or of any officer or servant of the Board in respect of
anything done lawfully and in good faith and with reasonable care a nd attention under
this Act or rules or regulations made thereunder.
54. Savings . - Unless otherwise expressly provided in this Act, no provision of this
Act shall affect a medical practitioner other than an Electropath registered under this
Act.
eukst dqekj O;kl]
Principal Secretary to the Government
_________________________

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