The UTTAR PRADESH INDIAN MEDICAL INSTITUTIONS (ACQUISITION AND MISCELLANEOUS PROVISIONS) ACT, 1982

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THE UTTAR PRADESH INDIAN MEDICAL INSTITUTIONS 
(ACQUISITION AND MISCELLANEOUS PROVISIONS) ACT, 19821 
(U. P. ACT No. 18 OF 1982) 
[As passed by the Uttar Pradesh Legislative, assented to by 
the President on April 7, 1982 and published in Uttar Pradesh 
Gazette extra-ordinary dated April 17, 1982] 
AN 
ACT 
to provide, for the acquisition and management of certain 
non-government institutions imparting instruction in Ayurvedic 
and Unani-Tibbi Systems of medicine, to provincialize education 
in such systems of medicine, to regulate the imparting of 
instruction in naturopathy and Yoga Therapy and for matters 
connected therewith or incidental thereto.  
WHEREAS, a large number of medical institutions imparting 
instruction in the Ayurvedic and Unani-Tibbi Systems of Medicine 
are operating in the State with mercenary motives ;  
AND WHEREAS, the standard of education, equipment and 
facility for studies obtaining in these institutions are not up to the 
mark ;  
AND WHEREAS, most of these institutions are not affiliated 
to any University in the State and the fate of students obtaining 
instructions in these institutions remains uncertain ;  
AND, WHEREAS, with a view to provincializing education in 
such systems of medicine and improving standard of education 
and treatment therein, it is necessary to acquire certain existing 
institutions and to close down the rest ;  
AND, WHEREAS, it is expedient to regulate the imparting of 
instruction in naturopathy and Yoga therapy ;  
NOW, THEREFORE, it is hereby enacted in the Thirty-third 
Year of the Republic of India as follows :–  
CHAPTER — I 
Preliminary 
Short title and 
commencement 
1. (1) This Act may be called the Uttar Pradesh Indian
Medical Institutions (Acquisition and Miscellaneous Provisions) 
Act, 1982.  
—————————————————————————————————————————— 
1. For SOR see at the end of this Act.
[The Uttar Pradesh Indian Medical Institutions (Acquisition and Miscellaneous Provisions), Act, 1982] 
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(2) It shall come into force on such date as the State Government 
may, by notification, appoint in this behalf.  
Definitions 2. In this Act, —
(a) “Appointed day” means the date notified under sub-section (2) 
of section 1 ;   
(b) “Ayurvedic and Unani-Tibbi Systems of medicine” shall have 
the meaning assigned to it in U. P. Indian Medicine Act, 1939 ;    
(c) “Scheduled institution” means a medical institution imparting 
instruction in Ayurvedic and Unani-Tibbi Systems of Medicine specified 
in the Schedule together with the hospitals and dispensaries attached 
thereto or used in connection therewith and includes all lecture rooms, 
laboratories, libraries, hostels and boarding houses used in connection 
with or as accessories to, or adjuncts of such institution ;  
(d) “Society” in relation to a scheduled institution means the 
society, trustee or other person or body in which or unto whom the 
ownership, management and control of the affairs of such institution are 
vested.  
CHAPTER — II 
Acquisition of Scheduled Institutions 
Vesting of 
Scheduled 
Institutions 
in the State 
Government. 
3. (1) On and from the appointed day, every scheduled institution
together with — 
(a) all lands on which such institution stands and all other land 
appurtenant thereto, and all buildings, erections and fixtures on such 
lands ;  
(b) all furnitures, equipments, stores, apparatuses, instruments, 
appliances, drugs, medicines, works, workshops, projects, automobiles, 
books, moneys and other assets of such institution ;  
(c) all other properties, movable and immovable, including farms, 
leases and all rights, powers, authorities, privileges, reserve funds, 
investments, book-debts and all other rights and interest in or in 
relation to or arising out of such property as were, immediately before 
the appointed day, in the ownership, possession, power or control of any 
person, trustee, society or other body in charge of the management of 
the affairs of such institution ;  
shall stand transferred to, and vest absolutely in the State Government 
and shall be applied and sued for the purposes of such institution.  
(2) Every deed of gift, endowment, bequest, trust or other 
documents in relation to all or any of the properties and assets referred 
to in sub-section (1) shall, as from the appointed day, be construed as if 
it were made or executed in favour of the State Government.  
[The Uttar Pradesh Indian Medical Institutions (Acquisition and Miscellaneous Provisions), Act, 1982] 
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(3) Subject to the provisions of this Act, every property and 
assets referred to in this section, which by virtue of sub-section (1) has 
vested in the State Government shall, by force of such vesting, be freed 
and discharged from any debt, obligation, mortgage, charge or lien and 
other encumbrances affecting it, and every attachment, injunction, 
decree or order of any court or tribunal restricting the use of such 
property in any manner shall be deemed to have been withdrawn.  
(4) Subject to the provisions of this Act any proceeding or cause 
of action pending or existing immediately before the appointed day, by 
or against the society may, as from the appointed day, be continued 
and enforced by or against the State Government as it might have been 
enforced by or against such society if this Act had not come into force.  
Administration 
of Scheduled 
institutions.  
4. (1) On and from the appointed day, every scheduled
institution shall be administered by the State Government in such 
manner as the State Government may from time to time direct.  
(2) Without prejudice to the generality of the provisions of sub-
section (1), the State Government may direct that — 
(a) one or more of the scheduled institutions shall be closed 
down ; 
(b) two or more of such institution shall be combined or 
amalgamated ;  
(c) students of one or more of such institutions shall be 
transferred to or absorbed in any other among such institutions ;  
(d) teachers and other employees of such institution shall be 
transferred from one institution to another.  
Duty to deliver 
possession.  
5. (1) Every person having possession, custody or control of any
property or assets referred to in section 3 on the appointed day shall 
deliver forthwith such property or assets to the Collector or to such 
other officer of the State Government as may be authorized by the 
State Government in this behalf, and the Collector or such other officer 
as aforesaid may use such force as may be necessary for obtaining 
such delivery.  
(2) Any person who, on the appointed day, has in his 
possession, custody or control any books, papers or other documents 
relating to any property referred to in section 3 shall be liable to 
account for the same to the Collector or to such other officer or 
employee of the State Government as may be authorized by the State 
Government in this behalf.  
(3) Without prejudice to the other provisions contained in this 
Act, it shall be lawful for the State Government to take all such steps 
as are necessary and lawful for taking possession of all properties and 
assets which have been transferred to and vested in it under this Act.  
Teachers, and 
other 
employees to 
become 
Employees of 
State 
Government 
6. (1) Subject to the provisions of section 7, every teacher or
other employee who, immediately before the appointed day is employed 
in, or in connection with the affairs of any scheduled institution shall 
become, as from the appointed day, a teacher, or other employee, as 
the case  may  be,  of the State Government and shall hold his office by 
[The Uttar Pradesh Indian Medical Institutions (Acquisition and Miscellaneous Provisions), Act, 1982] 
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the same tenure, at the same remuneration and upon the same terms 
and conditions and with the same rights and privileges as to pension, 
gratuity and other matters as he would have held, if this Act had not 
come into force and shall continue to do so, unless and until his 
employment is duly terminated or until his remuneration, terms and 
conditions are duly altered by the State Government : 
Provided that if such transfer is not acceptable to any such 
teacher or other employee, he may give intimation to the State 
Government to that effect within one month from the appointed day 
and thereupon, his employment shall stand terminated with effect 
from the appointed day :  
Provided further that if the employment of a teacher or other 
employee is terminated in accordance with the preceding proviso, such 
teacher or employee shall, subject to the provisions of sub-section (2), 
be entitled — 
(a) to an amount equivalent to three month’s salary in the case 
of permanent employee, and one month’s salary in the case of any 
other employee ; and  
(b) to other benefits, if any, which would have accrued to him 
because of his past services in such institution, if his employment had 
not been so terminated.  
(2) The transfer or termination of the services of any teacher or 
other employee under sub-section (1) shall not entitle him to any 
compensation under the U. P. Industrial Disputes Act, 1947 or any 
other law for the time being in force, and no such claim shall be 
entertained by any court, tribunal or other authority.   
(3) If any vacancy occurs in the post of a teacher or other 
employee in any scheduled institution at any time after the 
commencement of this Act, and a teacher or other employee serving in 
any medical institution imparting instructions in Ayurvedic and Unani 
Tibbi Systems of Medicine (other than a scheduled institution) on the 
date immediately preceding the date of such commencement applies 
for appointment to any post carrying the same rank or grade, then 
such teacher or employee shall be entitled to preference over other 
applicants, provided he fulfills the minimum qualification prescribed 
for such post.  
Review of 
certain 
appointments 
etc. 
7. (1) Notwithstanding anything contained in this Act, the State
Government may nominate an officer or appoint a committee to review 
the genuineness of all appointments made or increments of salary 
given to the teachers or other employees of scheduled institution 
within the period of two years immediately preceding the appointed 
day, and if after considering the report of such officer or committee 
and   representations  that  may  be  received  in  that  behalf  from the 
[The Uttar Pradesh Indian Medical Institutions (Acquisition and Miscellaneous Provisions), Act, 1982] 
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teachers or other employees affected, and appointment made or 
increment given does not appear to the State Government to be 
genuine, it may terminate the services of such teacher or employee or 
cancel the increment, as the case may be, and the provisions of sub-
section (2) of section 6 shall apply to every such termination. 
(2) Every contract entered into by a society in relation to any 
property or asset owned by it, which is vested in the State Government 
under section 3, for any service, sale or supply and in force 
immediately before the appointed day, shall, on and from, the expiry of 
a period of one hundred and eighty days from the appointed day cease 
to have effect, unless such contract is, before, the expiry of that period, 
ratified in writing by the State Government and in ratifying such 
contract, the State Government may make such alteration or 
modification therein as it may think fit ;   
Provided that the State Government shall not omit to ratify a 
contract and shall not make any alteration or medication therein — 
(a) unless it is satisfied that such contract is unduly onerous or 
has been entered into in bad faith or is detrimental to the interests of, 
the State Government ; and  
(b) except after giving the parties to the contract a reasonable 
opportunity of being heard and except  after recording in writing its 
reasons for refusal to ratify the contract or for making any alteration or 
modification therein.  
CHAPTER — III 
Prohibition Against Opening New Institutions And 
Admitting New Students  
Restriction on 
opening of new 
institutions.  
8. Subject to the provisions of section 9, no person other than a
person authorized by the Central Government or the State Government 
shall, on or after the appointed day — 
(a) open, organize, maintain, manage or cause to be opened, 
organized, maintained or managed any institution professing to 
undertake, conduct, provide or offer any instruction in Ayurvedic and 
Unani-Tibbi Systems of medicine ;  
(b) admit or offer admission on payment of fee or without such 
payment to any course of instruction in such system of medicine ;  
(c) receive any donation, subscription or fee (by whatever name 
called) in respect of any institution imparting instruction in such 
system of medicine ;    
(d) make any arrangement or hold out that arrangements have 
been made for lecture, coaching or tuition or experiments in any 
laboratory with a view to imparting instruction in such system of 
medicine.  
Restriction on 
admission of 
student 
9. A medical institution imparting instruction in Ayurvedic or
Unani -Tibbi  System  of medicine established before the appointed day 
[The Uttar Pradesh Indian Medical Institutions (Acquisition and Miscellaneous Provisions), Act, 1982] 
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may admit students enrolled in such institution on the appointed day 
from a lower class to higher class by way of promotion during a period 
of five years from the appointed day, and after the said period of five 
years, the provisions of section 8 shall mutatis mutandis apply to every 
such institution. 
Savings in 
respect of 
minority 
institutions 
10. Nothing in section 8 or section 9 shall affect the right of any
minority referred to in Article 30 of the Constitution to establish and 
administer any educational institutions of their choice “for imparting 
instruction in Ayurvedic or Unani-Tibbi Systems of Medicine or 
Naturopathy or Yoga Therapy”.  
Penalty for 
contravention 
of section 8 
and 9. 
11. Every person who contravenes the provisions of sections 8
and 9 shall be punishable with imprisonment for a period which may 
extend to three years or with fine which may extend to two thousand 
rupees or with both.  
CHAPTER — IV 
Institutions Imparting Instruction In Naturopathy And 
Yoga Therapy 
Regulation of 
Institutions 
relating to 
Naturopathy 
and Yoga 
Therapy. 
12. (1) It shall be lawful for the State Government to regulate,
by rules, the establishment, maintenance, management and 
functioning of every institution imparting instruction in Naturopathy 
or Yoga Therapy.  
(2) Without prejudice to the generality of the provisions of sub-
section (1), the rules referred to in that sub-section may provide for all 
or any of the following matters, namely — 
(a) registration of institutions imparting instruction in 
Naturopathy or Yoga therapy on the date of commencement of such 
rules ;  
(b) provision for obtaining prior permission for opening or 
establishing new institutions in which instruction in Naturopathy or 
Yoga therapy is to be imparted.   
(c) imposition of terms and conditions on which the institutions 
referred to in clauses (a) and (b) shall be allowed to continue ;  
(d) provision for periodical inspection of the institutions referred 
to in clauses (a) and (b) by officers authorized under the rules ;   
(e) empowering the State Government or the officers authorized 
by it to call for such information, statement or returns from the 
management of institutions referred to in clauses (a) and (b), and on 
such intervals as may be prescribed ;  
(f) provision for imposition of penalty on persons who 
contravene the provisions of such rules or who fail to comply with any 
lawful directions issued thereunder.  
[The Uttar Pradesh Indian Medical Institutions (Acquisition and Miscellaneous Provisions), Act, 1982] 
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CHAPTER — V 
Miscellaneous 
Provisions of 
the Act to 
have 
overriding 
effect. 
13. The provisions of this Act shall have effect, notwithstanding
anything inconsistent therewith contained in any other law for the time 
being in force, or any instrument having effect by virtue of any law 
other than this Act or any decree or order of any court, tribunal or 
authority.  
Penalties. 14. Every person who —
(a) having in his possession, custody or control, any property or 
asset held for the purposes of a scheduled institution wrongfully 
withholds  such property or asset from the State Government in 
contravention of sub-section (1) of section 5 ; or  
(b) wrongfully obtains possession of or retains any property or 
asset held for the purposes of any scheduled institution ; or  
(c) willfully withholds or fails to account for any book, paper or 
other documents in his possession, custody or control relating to a 
scheduled institution in contravention of sub-section (2) of section 5 ; 
or  
(d) wrongfully uses, removes or destroys any property held for 
the purposes of a scheduled institution ;  
shall be punishable with imprisonment for a term which may extend to 
two years or with fine which may extend to three thousand rupees or 
with both.  
Offences by 
Companies 
15. (1) Where any offence under this Act is committed by a
company, every person who, at time the offence was committed was 
incharge of, and was responsible to the company for the conduct of the 
business of the company, as well as the company, shall be deemed to 
be guilty of the offence, and shall be liable to be proceeded against and 
punished accordingly : 
Provided that nothing contained in this sub-section shall 
render any such person liable to any punishment, if he proves that the 
offence was committed without his knowledge or that he exercised all 
due diligence to prevent the commission of such offence. 
(2) Notwithstanding anything contained in sub-section (1), 
where any offence under this Act has been committed by a company, 
and it is proved that the offence has been committed with the consent 
or connivance of, or is attributable to any neglect on the part of any 
director, manager, secretary or other officer of the company, such 
director, manager, secretary or other officer shall be deemed to be 
guilty of that offence and shall be liable to be proceeded against and 
punished accordingly.  
Explanation — For the purposes of this section ; 
(a) “Company” means anybody corporate and includes a firm, 
society or other association of individuals ; and  
(b) “Director” in relation to a firm means a partner in the firm. 
Protection of 
action taken 
in good faith 
16. No suit, prosecution or other legal proceedings shall lie
against the State Government or any of its officers or other employees 
for anything which is in good faith done or intended to be done under 
this Act.  
[The Uttar Pradesh Indian Medical Institutions (Acquisition and Miscellaneous Provisions), Act, 1982] 
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Cognizance of 
offences 
17. Notwithstanding anything contained in the Code of
Criminal Procedure, 1973, no court shall take cognizance of any 
offence under this Act except on a complaint in writing made by the 
State Government or any officer authorized in this behalf, by that 
Government.  
Power to make 
rules.  
18. The State Government may, by notification, make rules for
carrying out the purposes of this Act. 
THE SCHEDULE 
[ See SECTION 2 (c) ] 
—————————————————————————————————————————— 
 Serial no.                 Name of Institutions 
—————————————————————————————————————————— 
 1.  Ayurved Mahavidyalaya, Varanasi. 
 2.  Lal Bahadur Shastri Smarak Ayurvedic College, Handia (Allahabad). 
 3.  Takmil-ul-Tib College, Lucknow.  
 4.  Unani Medical College, Allahabad.   
—————————————————————————————————————————— 
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STATEMENT OF OBJECTS AND REASONS 
The standard of instructions imparted in the institutions specified in this 
Schedule and imparting instruction in Indian Systems of Medicine is not up to the 
mark. The financial constitution of these institutions is also far from satisfactory. With 
a view to ensuring facilities for better education and treatment in such system of 
medicine, it was considered necessary to pro-fincialise the aforesaid institutions. 
During the past few years a number of other private institutions imparting 
instructions Indian System of Medicine have been established. These institutions are 
greatly deficient in respect of teaching facilities and equipments. Such sub-standard 
institutions are neither affiliated to any University nor are recognized by the State 
Government. Not infrequently, complaints are made requesting the State Government 
for intervening in the affairs of such sub-standard institutios. The unauthorized 
institutions actually run on commercial lines rather than imparting medical education 
and, thus, spoil the career of young students by misguiding them. It is, therefore, 
considered necessary for improving the standard of education in Indian Systems of 
Medicine, impose a ban on mushroom growth of such unauthorized sub-standard 
institutions. It is so considered necessary to regulate the establishment, maintenance 
and management of every institution imparting instructions in Naturopathy and Yoga 
Therapy. 
The Uttar Pradesh Indian Medical Institutions (Acquisition and Miscellaneous 
Provisions) bill 1982, is introduced accordingly.  
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