LexThe UNITED PROVINCES AYURVEDIC AND UNANI TIBBI SYSTEMS OF MEDICINE1 ACT, 19392
Uttarakhand · state statute
Open in Lexace · Ask the AI about this act167
THE UNITED PROVINCES [AYURVEDIC AND UNANI TIBBI SYSTEMS OF
MEDICINE]1 ACT, 19392
[U.P. Act No. X of 1939]
Amended by
U.P. Act No. XII of 1955
U.P. Act No. VII of 1956
U.P. act No. VIII of 1957
U.P. Act No. XLII of 1958
U.P. Act No. XXXV of 1975
Adapted and modified by the Adaptation of Laws Order, 1950
[Received the assent of the Governor on September 12, 1939, under section 75 of the
Government of India Act, 1935 and was published3 on September 23, 1939]
AN
ACT
To provide for the Development of the [Ay urvedic and Unani Tibbi Systems of medicine] 1
and to regulate their practice in the United provinces.
Where it is expedient to provide for the development of the [Ayurvedic and Unani Tibbi
systems of medicine]1 [and]4 to regulate the practice thereof [***]5,
It is hereby enacted as follows:
PART I
PRELIMINARY
Short title,
extent and
commencement
1. (1) This may be called the [Ayurvedic and Unani Tibbi Systems of medicine] 1
Act, 1939.
(2) It extends 6 to the whole of [Uttar Pradesh] 7 except the Jaunsa r-bawar
Pargana of the Dehra Dun District and the portion of the Mirzapur
District, south of the kaimur Range.
1- Subs. by s. 3(a) of U.P. Act no. VII of 1956.
2- For S.O.R, see Gaz, 1938, pt, VIII, P,1231.
3- See Gaz, 1939 pt, VIIA, pp. 27-36.
4- The word and substituted by s.2 (a) of U.P. Act VII of 1956.
5- Omitted by s. 2 (b) ibid.
6- This Act has been extended to the areas mentioned in column I of this table under the Act or Order mentioned in
column 2 and enforced in such areas under notification, if a ny, mentioned in column 3 with effect from the date
mentioned in column 4 against each such area.
Areas Act or Order under
which extended
Notification if any, under
which enforced
Date from which
enforced
1.Rampur District Rampur
(Application of
Laws) Act, 1950.
No.108/XVII-345-49,jan.
19, 1952, in Gaz. 1952, pt
I. p.70.
Jan. 26. 1952
2. Portion of Banaras
District covered by
erstwhile Banaras
State.
Banaras
(Application of
Laws)Order, 1949.
No.106/XVII-204-50,jan.
19, 1952, in Gaz. 1952, pt
I. p.70.
Ditto.
3.Tehri-Garhwal
Districts.
Tehre-Garhwal,
(Application of
Laws) Order 1949.
No.107/2/XVII-344-
49,jan. 19, 1952, in Gaz.
1952, pt I. p.70.
Ditto.
7- Subs. by the A.O. 1950 for (the United provinces.)
168
[The (Ayurvedic and Unani Tibbi Systems of medicine)1 Act, 1939] [Section 2]
(3) Parts I and II of this Act shall come into f orce on such date1 as the
[State Government] 3 may, by notification in the official Gazette,
appoint. Part III shall come i nto force on such dare after the expiry of
one year from the date2 on which Parts I and II come into force, as the
[State Government]3 may notify under section 49.
PART II
Definition
2. In this Act, unless there is an ything repugnan t in the subject or
context,-
(i) "Board" means the Boa rd of [Ayurvedic and Unani Tibbi
Systems of Medicine] 4 [Uttar Pradesh] 6 constituted under
section 3;
(ii) "Indian system of medicin e" means the Ayurvedic or the U nani
Tibbi system of m edicine, whether supplemented or not by
such modern advances as the Boa rd may from time to time
have determined;
(iii) "President" means the President of the Board;
[(iii-a) "State Government" means the Government of Uttar Pradesh
;
(iii-b) "Faculty" means "Fa culty of Ayurvedic. and Unani Tibbi
systems of medicine" constituted under section 36-A;]4
(iv) "Member" means a member of the Board;
["(iv-a) 'Para-medical course, means. a course of study approved by
the Board for the training compounders, nurses and midwives
in the Ayurve dic or Unani -Tibbi Systems of medicine and
surgery;]5
(v) "Practitioner" means a practitioner of an [Ayurvedic and U nani
Tibbi systems of medicine]4 ;
(vi) "Prescribed" means pres cribed by rules framed by the [State
Government]3 in accordance with the provisions of this Act;
(vii) "Register" means the register of Vaids and Hakims, maintained
under section 25.
(viii) "Registered practitioner" means a pr actitioner whose name is
for the time being entered in the register.
1- Parts I and II of this Act came in to force on Oct. I, 1946, set not ification I no, 2414/V -94-46,
dated June 12, 1946, in Gaz., dated June 15, 1946, Pt. I , Pt.219.
2- Sections 49, 53, 55 and 56 of Pt. III of the Act came into force with effect from March 1952 in
the whole of Uttar Pradesh, excepting the territories o f the erstwhile States of Banaras, Rampur,
Tehri-Garhwal, and the erstwhile partially excluded areas fo r jaunsar –Bawar in district Dehra
Dun and the areas south of the kaimur Range in Mirzapur district, see notification 3297 -B I/V-
1069-51, dated March 5, 1952 in Gaz, dated march 8, 1952, part ,I.P. 212.
3 - Subs. by the A. O. 1950 for [Prov. Govt.)
4- Add. by section 4 (a) of U. P. Act VII of I956,
5 Add. by S. 2 of U. P. Act no. XXXV 1975·
6- Sub by the A. O. 1950 for [Provincial Government]
169
[The (Ayurvedic and Unani Tibbi Systems of medicine)1 Act, 1939] [Section 3-5]
(ix) "Registrar" means the Registrar appointed under section 24,
(x) "Vaidya" means a practitioner of Ayurvedic system of medicine [and
Surgery.]1
(xi) "Hakim" mean s a practitioner of Unani Tibbi system of medicine
rand surgery. ]1
(xii) [* * *]2
(xiii) [* * *]2
Establishment
of the Board
3. (1) The [State Government] 3 shall, by notification in the official Gazette,
establish in the manner provided in sub -section (1) of section 5, a Board
to be called the Board of Indian Medicine, [Uttar Pradesh]4 for the
purpose of carrying out the provisions of this Act.
Such Board shall be a body corporate and have perpetual succession
and a common seal and may by the said name sue or be sued.
Savings for
acts done by
the existing
Board and its
dissolution
4. (1) On the date the fir st Board is constituted under th e provisions of this Act,
the existing Board of Indian Medicine shall cease to exist and all its assets
and liabilities shall devolve upon the Board so constituted.
(2) All acts begun or completed by the Board of Indian medicine in existence
on the date of constitution of the first Board shall, in so far as they relate
to the functions allo tted to the Board c onstituted under this Act, be
deemed to have b een begun or performed by the Board constituted under
this Act, and such acts may be carried on and completed by or under the
authority of the Board so constituted.
5[Constitution
of the Board
5. (1) The B oard shall consist of the following members in cluding the
President)-
(i) a President to be nominated by the State Government;
(ii) five members to be nominated by the State Government;
[(iii) one member each from a University established by law in Uttar
Pradesh and having a Faculty concerned with the Ayurvedic or
Unani Ti bbi Systems of medicine to be elected in the pres cribed
manner by such Faculty;
(iv) two membe rs representing Ayurvedic Educa tional Institutions of
Uttar Pradesh to be ele cted, i n the prescribed manner by the
teachers of such Institu tions as are affiliated to a Uni versity
established by law in Uttar Pradesh;
1- The words (and surgery) add. by s. 4 (b) and (c) of U. P. Act VII of 1956.
2- Omit. by s. 4 (d) of U. P. Act VII of 1956.
3- Subs. by the A. O. 1950 for [Provincial Government].
4- Subs. by the A. O. 1950 for [United Provinces].
5- Subs. by section 5 of U. P. Act no. VII of 1956.
170
[The (Ayurvedic and Unani Tibbi Systems of medicine)1 Act, 1939] [Section 6-9]
(v) one member representing Unani Educational Insti tutions of Uttar
Pradesh to be elected in the prescribed manner by the teachers of
such institutions as are affiliated to a University established by law
in Uttar Pradesh ;]1
(vi) nine member s (six Vaids and three Hakims) to be elected in the
prescribed manner by th e registered Vaids and Hakims, respectively
of Uttar Pradesh;
Provided that the president and every member to be elected or
nominated as the case may be, under clauses (ii), (iv) and (v) shall be
from amongst the registered practitioners.
(2) The Board shall elect one of its members to be the Vice President]1
Nomination of
member in
default of
election
6. If any electoral body referred to in sub-section (1) of section 5 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]2 shall fill up the vacancy or vacancies by nomination of a
person or persons qualified to be elec ted by the particular electoral
body concerned.
Disqualifica-
tions for
membership
7. No person shall be qualified to be elected or nominated as a member of
the Board-
(a) who is an undercharged insolvent;
(b) who has been adjudicat ed by a competent c ourt to be insane or of
unsound mind ;
(c) who has been convicted of a n offence declared by Govern ment to
involve moral turpitude;
(d) whose name has been removed from the register; or
(e) who is an employee of the Board or has directly or indirectly or by
himself or a pa rtner any share of the Board, unless in the latter
case Government remove the disqualification.
Notification of
elections,
nominations
and vacancies
8. Every election or nomination of a member or President of the Board
and every vac ancy in the o ffice of member or President shall be
notified in the official Gazette.
[General
election
9. There shall be general election of members of the Board before the
expiry of their term or exten ded term, as the case may be, under
section 14, on such date or dates as the State Government may, by
notification in the official Gazette appoint in that behalf.]3
1. Subs by section 5 of U.P. Act No. 7, 1956.
2. Subs. by the A. O. 1950 for [Provincial Government).
3. Subs by S. 2 of U. P. Act 12, 1955.
171
[The (Ayurvedic and Unani Tibbi Systems of medicine)1 Act, 1939] [Section 10-10A]
Disabilities for
continuing as
member
10. (1) If any member, during the period for which he has been nominated or
elected-
(a) absents himself without suf ficient cause from three con secutive
ordinary meetings of the Board; or
(b) becomes subject to any of the disqualifications mentioned in
section 7; or
(c) being a legal pra ctitioner, appears in any sui t or proceedings civil
or criminal against the Board, or
(d) obta ins any employment under the Board or has without the
previous sanction of 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 (r) the
President or any member nominated und er sub -section (r) of
section 5 shall after such notice as may be pr escribed, be
removable by the State Government alone.]1
[Power of the
Government to
appoint
controller
10-A (1) Where the number of members of the Board for the time being is] for
any reason wha tsoever, reduced to less than the quorum provided in
section 18, the State Government may, by notification, supersede the
Board and appoint a Controller for such period not exceeding [four
years]2 as may be specified in the notification or up to the date o f
notification under sub-section (4), whichever is earlier.
(2) Upon the appointment of the Controller under sub-section (1), --
(a) all members of the board including the President and the Vice -
President shall, cease to be such members, President or Vice -
President;
(b) the advisory Committee, if any, appointed under sub-section (1) of
section 17 shall stand dissolved;
(c) all members (including the Chairman) of the Faculty, except the
Director of Ayurvedic and Unani Services, Uttar Pradesh shall cease to
hold office and the Controller, together with the aforesaid Director
shall constitute the Faculty;
(d) all powers, functions and duties of the Board, the President and the
Vice-President shall be vested in and be exercised, performed and
discharged by the Controller and the Controller shall be deemed to be
the Board, the President or the Vice -President as the occasion may
require.
1. Substituted by section 5 of U.P. Act No. 7 of 1956.
2. Substituted by section 2 of U.P. Act No. 10 of 1994.
172
[The (Ayurvedic and Unani Tibbi Systems of medicine)1 Act, 1939] [Section 11-14]
(3) As soon as may be after the appointment of the Controller the State
Government shall take steps to nominat4e a President and other members
under clauses (1) and (2) of sub -section (1) of section 5 and to hold
elections of members under clauses (3), (4), (5) and (6) of that sub -
section.
(4) As soon as the elections or nominations, as the case may be of atleast such
number of members as is required under section 18 for the quorum
(including the Presiden t) are notification declare that the Board is
reconstituted and thereupon the Controller shall cease to function.]4
Power of the
State Govern-
ment to remove
a member and
President of
the Board
11. Any member removed by the Board under the provisions of section 10,
may within ninety days from the date of his removal, appeal to the [Sta te
Government]1 and the order of the [Sta te Go vernment]1 on an y such
appeal shall be final.
Resignation of
a member or
President
12. [(1) Any elected member may at any time resign his office by a letter addressed
to the President . Such resignation after due verification shall take effect
from the date on which it is accepted by the Board.
(2) A Pres ident or a member nominated under sub -section (1 ) of sec tion 5
wishing to resign may tender his resig nation to the State Government
under intimation to the Board. Such resignation when accepted shall be
published in the off icial Gazette and shall take effect f rom the date
notified therein.]2
Filling of
casual vacan-
cies in the
office of
member or
President
13. (1) If a member or President of the Board dies or resigns or from any cause
whatsoever ceases t o be a member or President as the case may be, the
vacancy so creat ed shall be filled by a fresh election as the ca se may be,
within such period as may be prescribed.
(2) The term of a member or President elected or nominated to fill up the
vacancy mentioned in sub -section (1 ) shall be the rema inder of term of
office of the member or President in whose place he has been so elected or
appointed :
Provided that in the case of an elect ed member, if the vacancy is
for a period of six months or less, t he Board may direct that the vacancy
be left unfilled until the next general election.
Term of office
of a member
14. Save as otherwise provided in this part, the term of office of the President
or a member of the Board shall be three years :
[Provided that the State Government may, by notification in the
official Gazette extend, from time to time, the term of the Presi dent, and
all members of the Boar d so, however, that the total extension does not in
the aggregate exceed two years.]3
1. Subs by section 6 of U.P. Act No. 7, 1956
2. Subs. by the A. O. 1950 for [Provincial Government).
3. Subs by S. 7 of U. P. Act 7 1955.
4. Subs by S. 2 of U. P. Act 22, 1991.
173
[The (Ayurvedic and Unani Tibbi Systems of medicine)1 Act, 1939] [Section 15-18]
[***] 1
[***] 2
eligible for
renomination
or re -election
inkojksgh lnL;ksa
dks iqu% fuokZpu
ds fy, ik=rk
15. A member shall, on, the e xpiry of his term of Office be eligible for re-
nomination or re-election:
[***]3
16. No disqualification of, or defect in the election or nomination of any
person acting as a member of the Board or as the Presi dent or presiding
authority of a meeti ng shall be deemed to vitiate any act or proceedings
of the Board in which such person has taken part, if the majority of
persons who took part in such act or proceedings were duly qualified
members of the Board.
Establishment
of Adviso ry
Committees
17. (1) The Board may, subject to the rules made by [State Government]4 for this
purpose, by a resolution in that behalf, appoint an advisory committee
which may consist of as many of its own mem bers or outsiders co-opted
for that purpose, o r both, as It may decide, for any purpose it deems fit
and may appoint a convener who shall preside over the meetings of such
committee, In the absence of the convener, the comm ittee may elect any
of its members for this purpose.
(2) All questions at a m eeting of the Board shall be decided by the voice of
the majority of the members present and voting at the meeting. In case of
equality of votes , the member presiding, shall have in addition to his
vote as a member of the Board a second or casting vote,
(3) No business shall be transacted at any meeting of a committee when
either less than two members o r less than one fourth of the members
constituting the committee, whichever is more, are present.
[Quorum for a
meeting of the
Board
18. The quorum of the Board shall be eight members but subject thereto the
Board may act notwithstanding any vacancy in their number:
Provided that at an adjournment meeting all business postponed at
the original meeting for wan t of quorum may be transacted if no t le ss
than five members are present.]5
1. Omit by S, 8 of U. P, Act XII of 1956.
2. Delete by item 3 (2) of the Second Schedule to U. P. Act XLII of 1956.
3. Delete by section 9 of U. P. Act of 1956.
4. Subs. by Section 3 (b) ibid.
5. Subs. by Section 10 of U. P. Act VII of 1956.
174
[The (Ayurvedic and Unani Tibbi Systems of medicine)1 Act, 1939] [Section 19-24]
Procedure at
meetings of
Board
19. (1) The President or in his absence the V ice-President shall p reside at
every meeting of the Board. In the absence of both, the members
present shall elect one among themselves for this purpose.
(2) All questions at a meeting of the Board shall be decided by the voice
of the majority of the members present and voting at the meeting. In
case of equality of vot es the member presiding, shall have in
addition to his vote as a member of the Board a second or casting
vote.
Time and place
of meeting of
Board
20. The Board shall meet at such time and place and every meeting of
the Board shall be summoned in such m anner as may be provided
by the regulations :
Provided that until regulations are made, it shall be lawful for
the President to summon a meeting of the Board at su ch time and
place as he may deem expedient by a le tter addressed to each
member on a clear notice of fifteen days.
21. [***]1
Payment of
expenses
22. (1) There shall be paid t o the members of the Board such traveling and
other expenses [***]2 as may be prescribed.
(2) No member shall receive any pay or special pay :
Provided that the Presid ent ma y receive pay, allowance or
emoluments, sanctioned by Gover nment according to prescribed
rules.
President’s
power of
control
23. All officers and servan ts of the Board shall be under the direct
control arid supervision of the President and shall a bide by his
orders.
Registrar and
other officers
and servant of
the Board
24. (1) The Board shall, with the previous approval of Government, appoint
a Registrar who shall be the Secretary to the Board.
The Registrar shall receive such sa lary and allo wances as
may be prescribed by rules. The President may from time to th e
grant him leave and may temporarily appoint a person to act in his
place.
Any person duly appointed to act as Registrar shall be
deemed to be the Registrar for all purposes of this Act.
(2) Any order of the Board, appointin g, punishing or removing the
Registrar from his office, shall be s ubject to the approval of the
[State Government.]3
(3) The Board may appoint such other officers an d servants as may be
necessary for carrying out the purposes of this Act :
1- Sub. by section 11 of U. P. Act VII of 1956.
2- Omit by section 12 ibid.
3- Subs. by adaption of laws order by 1950.
175
[The (Ayurvedic and Unani Tibbi Systems of medicine)1 Act, 1939] [Section 25-26]
Provided that the number and designations of such officers and
servants, their salaries and allowances, shall be subject to the
previous approval of the [State Government :]1
Provided also that the powers of the Board to punish, dismiss,
discharge and remove any of ficer or s ervant of the Board, shall be
subject any rules framed by the [State Government]1 in this behalf.
(4) All questions of pay, allowance s, promotions, leave pension and
provident fund relating to the sta ff, shall be governed by rule
generally applicable to servant of the [ State Government]2 of similar
status.
(5) The registrar or any other officer or servant appointed under this
section, shall be deemed to be a public servant within the meaning of
section 21 of the Indian Penal Code.
Maintenance
of register
25. The [Registrar] 3 shall maintain a register or registers of Vaidyas
[and]3, Hakim, Practicing in [Uttar Pradesh]4 in the prescribed form.
Duties of
Registrar
26. (1) Subject to the provisions of this Act and subject to any general and
special orders of the Board, it shall be the duty of the Registrar to
keep the register and d ischarge such other functions as are required
to be discharged by him under this Act or by any rules framed by the
[State Government]1.
(2) The Registrar shall, so far as practicable, keep the register correct and
up-to-date and may, fro m time to time, enter therein any material
alteration in the addresses or qualifications of the practi tioners. He
shall also remove from the reg ister, the name of the regis tered
practitioners who die or who cease to be qualified as such.
(3) The [State Government] 1 may that no. alteration in the entries m
respect of additional qualifications s hall be made unless such fee as
may be prescribed is paid.
(4) For the purpose of, thi s sectio n, the Registrar may write to any
registered practitioner, at the address which is entered in the register
to inquire 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 Registrar may i ssue a registered reminder, and in case
no reply is received to the remin der within one month from the date
of its issue, he may remove the name of the said practitioner from
the register :
Provided that the Board may, if it thi nks fi t, direct that the
name of the said practitioner be re-entered in the register.
1 - Subs. by A. O. 1950 for [Provincial Government]
2- Subs. by section 3(b) of U. P. Act no. VII of 1956.
3- Subs. by section 13 of U. P. Act VII of 1956.
4- Subs. by A. O. 1950 for [The United Provinces].
176
[The (Ayurvedic and Unani Tibbi Systems of medicine)1 Act, 1939] [Section 27-29]
[Persons
entitled to be
registered
27. (1) Every person possessing the qualifications mentioned in the Schedule shall,
subject to the pr ovisions contained in or made under this Act and upon
payment of suc h fees, whether in a lump sum or periodically, as may be
prescribed, be entitled an application made to the Registrar, to have his name
entered the Register. When the name of a person has been registered in
accordance with the provision aforesaid he shall be grant ed a certificate in the
prescribed form.
(2) Any person aggrieved by the order of the Registrar refusing to enter his name
in the register or t o make any entry therein may, within ninety days of such
refusal, appeal to the Board.
(3) The appeal shall be heard and decided by the Board in the prescribed manner.
(4) The Board may, on its own motion or on the application of any person, cancel
or alter any ent ry in, the Register or order any entry in the register If in the
opinion of the Board such an entry was fraudulently or incorrectly made or
obtained, or an application was wrongly refused.]1
Amendment of
Schedule
28. If the Board is satisfied- --------
(a) that a title or degree granted or qualification certified by a Un iversity,
Medical Corporation, Examining Body or the institutions in India is a
sufficient guarantee that persons holding such a title or degree or
qualification possess the knowledge or skill requ isite for the efficient
practice of [Ayurvedic or Unani Tibbi System of Medicine]2, or
(b) that such a title, degree or qualification is not sufficient guarantee as
aforesaid, it may direct-
(i) in the "case mentioned in clause (a), that the possession of such title,
degree or qualification shall, subject to the provisions contained in.
this Act, and on payment of such fee as may be prescribed . in this
behalf, entitle,
a person to have his name entered in the register of Vaidyas,
Hakims as the case may be, or .
(ii) in the -case mentioned in clause (b) tha t the possession of such title,
degree o r qualification shall not en ti tle a person to have his name
entered in such register; and the Schedule annexed hereto shall
thereupon be deemed to have been altered accordingly.
Power of Board
to call for
information
from medical
institution
29. The Board shall have power to call upon the governing body or authorities of
a Medical Corporat ion, examining body for other institutions included in or
desirous of being included in the Schedule-
1. Subs. by section 14 of U. P. Act 7 of 1956.
2. Subs by section 15 ibid.
177
[The (Ayurvedic and Unani Tibbi Systems of medicine) Act, 1939] [Section 30-32]
(a) to furnish such reports, returns or othe r information as the Board
may require to enable it to judge of the efficiency of the instruction
given therein in medicine, surgery or midwifery; and
(b) to p rovide facilities to enable a member of the Board, deputed by
the Board in this be half to be pre sent at the examinations held by
such Medical Corporation, examining body or other Institutions.
Information
required of
applicants for
registration
30. Every person who appl ies to have his name entered In the register of
Vaidyas or Hakims, must satisfy the Registrar that he is possessed of some
degree, title or qualification specified in the Schedule; and he must inform
the R egistrar of the date on which he obtained the degree, title
orqualification which entitles to claim registration under this Act, and shall
furnish any other information required by the Registrar in order to enable
him to discharge his duties under this Act.
Powers of
Board to
prohibit entry
in or to direct
removal from
the register etc.
31. (1) The Board may prohibit the e ntry, in, or order the re moval from, the
register of the name of any Vaidya or Hakim-
(a) who has been sentenced by a Criminal Court [ * * * ] 1 to imprisonment
for an offence declared by [State Government] 2 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 specially authorized for the purpose
after inquiry 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 attorney, and which any in the direction of the Board, be held in
camera has found guilty of professional misc onduct or other infamous
Conduct by a majority of at least t wo thirds of the members pre sent
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 -section (1) shall be entered or re -entered, as the
case may be, after ha ving satisfied itself that due to lapse of time or
otherwise the disabi lity mentioned in sub -section (1) above has ceased to
have any force.
Notice of
deaths and
erasure of
names from
register
32. (1) Every Registrar of deaths who receives notice of death of person whose
name he knows to be entered in the register of Vaidyas and Hakims, shall
forthwith transmit by post or otherwise, 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 informati on regarding such
death, the Registrar shall remove the name of the deceased person from the
register.
1. The words [in British India] omit, by the A. O. 1950.
2. Substituted by section 3 (b) of U. P. Act no. VII of 1956.
178
[The (Ayurvedic and Unani Tibbi Systems of medicine) Act, 1939] [Section 33-36]
Penalty on
unregistered
person
representing
that he is
registered
33. If a person whose name is not entered in the register of Vaidays and Hakims
falsely pretends that it is so entered or us es in con nexion-with his name or
title, any words or letters representing that his name is so entered, he shall
whether any person is actually deceived by such representation or not, be
punishable on conviction by a magistrate of the first class, with
imprisonment [which may extend to six months or with fine which may
extend to two hundred rupees or with both.]1
Procedure
inquiries and
appeals
34. For the purpose of any inquiry held under clause (b) of sub - section (1) of
section 31, the Board or the committee, as the case may be, shall exercise the
powers of a commissioner appointed under the Public Servants (Inquiries)
Act, 1950 and the provisions of sections 5, 8 to 1o, 14 to 16, 19 and 20 of the
said Act shall, so far as may be, apply to every such inquiry and appeal.
Publication of
names
entered in the
register
of Vaidyas
and Hakims
35. (1) The Registrar shall , hi every year from time to t ime as occasion 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 prescribe, a full or supplementary list of the names for the time being
entered in the register and setting forth-
(a) all names entered in the register arranged in alphabetical order;
(b) the registered address and appointment held by, or actual employment
of, each person whose name is entered in the register and
(c) the registered titles and qualifications of each such person Provided that
the Registrar shall from time to time get published in the official
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 such
list is a registered pra ctitioner and that any person not so entered is n ot a
registered practitioner:
[ * * * ]2
[Powers and
duties of the
Board
36. The Board shall have the following powers and duties, namely-
(1) to advise the State Government in matters relating to Ayurve dic and Unani
Tibbi syst ems of medicine including re search and post -graduate
education;]3
[(2) to accord, suspend or withdraw, on the recommendations of the Faculty,
recognition to training centers imparting instruction in para medical
courses;]4
1- Subs. by s, 17 of U.P. Act VII of 1956.
2- Proviso omit. by s. 18 ibid.
3- Subs. by S. 19 of U. P. Act VII of 1956.
4- Subs. by S. 4 (a) of U. P. Act 35 of 1975.
179
[The (Ayurvedic and Unani Tibbi Systems of medicine) Act, 1939] [Section 36A-36B]
(3) to publish the results of the examinations conducted by the Faculty ;
[(4) to grant diplomas or certificates to candidates who are successf ul at the
Board's examination.]1
(5) to levy fees laid down in regulations for admission to Board's examinations ;
(6) to allot adequate funds to the Faculty for carrying out its duties];
[(7) to perform such other functions for the development of Ayurvedic and Unani
Systems of medicine and surgery as may be consistent with the provisions of
the Act ;]2
(8) to exercise such other powers as may be specified by or under this Act ; and
(9) [* * *]3
Faculty of
Ayurvedic and
Unani Tibbi
systems of
medicine
36-A (1) For the proper discharge of its duties and functions as a teaching and
examining body in the Ayurvedic and Unani Tibbi systems of medicine the
Board shall appoint a Faculty of Ayurvedi c and Unani Tibbi systems of
medicine which shall consist of the following------
(i) the Presiden t of the Board who shall be ex -officio Chairman of t he
Faculty ;
(ii) members of the Board elected under clauses (iii) , (iv) and (v) of sub -
section (1) of section 5, who shall be ex officio members of the Faculty;
(iii) one member to be elected by the members of the Board from amongst
themselves; and
[(iv) the Director of Ayuvedic and Unani Services, Uttar Pradesh.]4
(2) The Faculty may, with the previous approval of or at the requisition of the
State Government, co-opt not more than two members for a specified duration
and a specific purpose.
(3) The Faculty shall elect a Vice-President from amongst its members.
[(4) A member referred to in clause ( 3) of sub -section (1) shall cease to be a
member of the Faculty upon his ceasing to be a member of the Board.]5
Powers and
duties of the
Faculty
36-B [(1)]6 The Faculty shall have the following powers and duties:-
1- Subs. by section 4 (b) of U. P. Act No. 35 of 1975,
2- Subs. by section 4© ibid.
3- Omit - by section 5 (d) ibid.
4- Subs. by section 5 (a) ibid.
5- Subs, by section 5 (b) ibid.
6- Section 36 (b) renumbered as sub -section (1) thereof by section 6 of U. P. Act
35 of 1975.
180
[The (Ayurvedic and Unani Tibbi Systems of medicine) Act, 1939] [Section 36 C -37]
[(a) to prescribe courses of study in Ayurvedic and Unani Tibbi systems of
medicine f or impar ting instructions in training centers recognized by
the Board;
(b) to hold examinations of persons who shall have pursued a course of
study in a training centre recognized by the Board;
(c) to exerc ise general supervision over th e residential and disciplinary
arrangements made b y the training centers recog nized by the Board
and to make arrangement for promoting the heal th and general welfare
of their students.]1
(d) to appoint examiners;
[(e) to cause inspection of training enters recognized by the Board; and
(f) to make recommenda tions to the Board for the accord of recognition to
or the suspension or withdrawal of recognition of training centers.]1
(g) [* * *]2
[(2) The Registrar shall function as the Secretary of the Faculty.]3
[Disagreement
between the
Faculty and
the Board
36-C In the event of disagreement between the Faculty and on any matter
referred to in section 36 -B a reference shall Board be made by the Board
to the State Government and the decision of the St ate Government shal l
be final.]4
Making of
regulations
37. Subject to the provisions of this Act and to the rules framed by the [State
Government]5 thereunder, the Board may [after pre vious publication] 6
frame regulations for regulating the following matters, namely-
[(1) (a) conditions on which institutions may be r ecognized for the purposes of
registration under section 28 ;
(b) the admission of trainees to the training centre recognized by the
Board;
(c) the condi tions under which trainees shall be admitted to the di ploma
and certificate courses and to the examinations of the Board, and shall
be eligible for the grant of such diploma and certificate ;
(d) the conditions of residence of the trainees in the training centers
recognized by the Board and the levying of fees for suck residence;
1. Subs by section 6 (a) (1) of U. P. Act No. 35 of 1975.
2. Subs. by section 6(a) (2) ibid.
3. Omit, by section 6(a) (3) ibid.
4. Ins. by Section 6 (b) ibid.
5. Subs. by section 7 ibid.
6. Subs by A. O. 1950 for (Provincial Government).
7. Ins by section 21 (1) of U. P. Act 7, 1956.
181
[The (Ayurvedic and Unani Tibbi Systems of medicine) Act, 1939] [Section 38 -39]
(e) the number, qualifications and emoluments of teachers of the training
centers recognized by the Board ;
(f) the fees to be charged for courses of study in such training centers and
for admission to t he examinations, diplomas and certificates of the
Board ;
(g) the conditions and mode of appointment and duties of examiners and
the conduct of examinations :
Provided that in fra ming regulations, the Board shall take in to
consideration the financial and other existing conditions of the trai ning
centers generally :
Provided further that no regulat ion shall be framed under any of
the sub-clauses (a) to (g) except upon the recommendations to be made
in such manner as may be prescribed by the Faculty.]1
(2) (a) the time and place at which the meetings shall be held;
(b) the issue of notices convening such meetings;
(c) the conduct of business thereat;
(d) the salary, allowances an d other condi tions of service of officers and
servants of the Board other than the Registrar ;
(e) all o ther matters which maybe necessary for the pur poses of carrying
out the objects of this Act;
(3) All such regulations shall be published in the offic ial Gazette [and shall not
take effect until they have been confirmed by the State Government.]2
(4) The [State Government] 3 may by notification in the offi cial Gazette [cancel
or modify]4 any regulation.
Disposal of
fees
38. All fees received by the B oard on account of registration of Vaidyas and
Hakims and admission to the Board's examinations [***] 5 under this Act
shall be credited to the Board and shall be applied for the purposes of this
Act in accordance with the rules.
Qualified
practitioner’s
certificates
39. Notwithstanding anything contained in any law for the time being in force-
1. Subs. by section 8 of U. P. Act No. 35 of 1975.
2. Insertion by section 21(3) of U.P. Act No. 7, 1956.
3. Subs. by A. O. 1950 for [Provincial Government].
4. Subs. by section 21(4) of U. P. Act No. 7 of 1956.
5. Subs. by section 22 of U. P. Act No. 7 of 1956.
182
[The (Ayurvedic and Unani Tibbi Systems of medicine) Act, 1939] [Section 40]
(1) The expression "legally qualified medical practitioner" or "duly qual ified
medical practitioner" or any word importing that person is recognized by
law as medical practitioner or member of medical profession shall, i n all
Acts in force in [Uttar Pradesh]1 and in all [Centra l Act] 2 in their
application to [Uttar Pradesh] 1 in so far as such Acts relate to any of the
matters specified in List II or Lis t III in the Seventh Schedule to [the
Constitution]3 be deemed to include a registered practitioner.
(2) A certificate required und er any law or rule having the force of law fro m
any medical practitioner or medical officer shall be valid, if such certificate
has been granted by a registered practitioner.
(3) A regis tered practitioner shall be eligible to hold any appointment as a
physician or other medical officer in any Ayurved ic or Unani dispensary,
hospital, infirmary or lying in-hospitals supported by or rece iving a grant
from the [State Government] 4 or in any public est ablishment, body or
institution dealing with such systems of medicine.
(4) A registered practitioner shall be entitled to--
(a) sign or authenticate a birth or death certificate required by any law or
rule to be sign ed or authenticated by a duly qualified medical
practitioner ;
(b) sign or authenticate a medical or physical fitness certificate required by
any law or r ule to be signed or authenti cated by a duly qu alified
medical practitioner;
(c) give evidence at any inquest or in any Court of Law as an expert under
section 45 of the Indian Evidence Act, 1872 on any matter relat ing to
medicine, surgery or midwifery.
[Reservation
of certain
appointments
to Vaidayas
and hakims,
who have
qualified
themselves
from
educational
institutions
affiliated to the
Board
40. Except with the special sanction of the State Government, no person other
then Vaidya or Ha kim who has qualified himself or herself from an
institution affiliate d to the Board or who holds a degree in Ayurvedic
Unani Tibbi systems of medicine from a University established by law In
Uttar Pradesh, and is a domiciled resident of this State shall be c ompetent
to hold an appointment as medical officer of health or as physician or other
medical officer in an Ayurvedic or Unani hospital, infirmary, dispensary or
lying-in hospital maintained b y o f under the con trol of the State
Government or local authority :
1- Subs. by A. O. 1950 for [United Provinces.]
2- Subs. by A. O. 1900 for [Acts of the Central Legislature.]
3- Subs. by ibid for the [Government of India Act, 1932.]
4- Subs. by for A. O. 1950 [provincial Legislature.]
183
[The (Ayurvedic and Unani Tibbi Systems of medicine) Act, 1939] [Section 41-42]
Provided that Vaidyas and Hakims in the employ of the State
Government or a local authority s pecified above on the date on which this
Act comes into force shall continue to hold the said appointment.]1
Exe
mption from
serving on
inquest
Act V of 1898
U.P. Act III of
1917
U.P. Act IV of
1910
41. (1) Notwithstanding anything in any other law for the time being in force every
registered practitioner shall be exempt if he so desires, from serving on any
inquest or as a Juror or assessor under the Code of Criminal Procedure,
1898.
(2) The registered practitioners shall have the same privileges as the medical
practitioners registered under the Uni ted Provinces Medical Act, 1917,
have under the United Provinces Excise Act, 1910 or any other Act for the
time being in force.
Rules 42. (1) The [State Government]2 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 preju dice to the generality of the foregoing
power, the [State Governmen t]2 may make rules for any of the following
matters :
(a) the time at which and the place and manner in which election shall be
held under section 5
(b) regulation of elections under this Act;
(c) the conduct of and the maintenance of corre ct minutes of meetings of
the Board ;
(d) the manner, in which vacancies shall be filled under section 13 ;
(e) the salary and allowances and other conditio ns of ser vice of the
Registrar;
(f) the form of the register of Vaidyas and Hakims, to be maintained under
this Act and the classifications of practitioners in two or more classes
according to their qualifications;
(g) fees chargeable under this Act and their application;
(h) the manner in which appeals against t he decision of the Registrar shall
be heard by the Board under section 27 ;
(i) expenses payable to members of the Board and its President;
(j) remuneration to be paid to the President
(k) the furtherance of any objects of the Board as a te aching or examining
body; and
(l) the furtherance of any other objects of the Board.
(3) All such rules shall be published in the official Gazette.
1. Subs. by section 9 of U. P. Act No. 35 of 1975
2. Subs. by A. O. 1950 for (Provincial Government).
184
[The (Ayurvedic and Unani Tibbi Systems of medicine) Act, 1939] [Section 43-47]
Appeals to
State
Government
from decision
of Board
43. (1) All appeal shall lie to the [State Government] 1 from every decision of the
Board under this A ct, except a decision made by the Board as an appellate
authority.
(2) Every appeal under sub -section (1) shall be preferred with, in three months
of the date of such decision.
Bar to suit and
other legal
proceedings
44. (1) No suit or other legal proceeding shall lie against the [State Government]1,
in respect of an act done in the exercise of the powers conferred by this Act.
(2) No suit or other legal proceeding shall be maintainable against the Board or
any member or any of ficer or servant of the Board or any person acting
under the direction o f the Board or of the Presi dent or of any officer or
servant of the Board in respect of anything done under this Act, lawfully
and in good faith Excerpt shown. Open the full act in Lexace.