The West Bengal Acupuncture System Of Therapy Act, 1996

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act VIII of 1996 
THE WEST BENGAL ACUPUNCTURE SYSTEM OF 
THERAPY ACT, 1996. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 11th June, 1996.] 
[11th June, 1996.] 
An Act to provide for the development of the Acupuncture system of 
therapy, to regulate the teaching and practice thereof and to deal 
with certain other connected matters. 
WHEREAS it is expedient to provide for the development of the 
Acupuncture system of therapy, to regulate the teaching and practice 
thereof and to deal with certain other connected matters; 
It is hereby enacted in the Forty-seventh Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal Acupuncture System 
of Therapy Act, 1996. 
(2) It extends to the whole of West Bengal. 
(3) It shall come into force on such date as the State Government 
may, by notification in the Official Gazette, appoint. 
Short title, 
extent and 
commence-
ment. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(1) "Acupuncture" means the Acupuncture system of therapy 
recommended by the World Health Organisation and the 
Council of Acupuncture Therapy, West Bengal; 
(2) "Council" means the Council of Acupuncture Therapy, West 
Bengal, constituted under section 3; 
(3) "member" means a member of the Council; 
(4) "prescribed" means prescribed by rules; 
(5) "President" means the President of the Council; 
(6) "Register" means the Register of Acupuncture practitioners 
maintained under this Act; 
(7) "registered Acupuncture practitioner" means an Acupuncture 
practitioner registered under the provisions of this Act; 
(8) "Registrar" means the Registrar of the Council; 
101 
The West Bengal Acupuncture System of Therapy Act, 1996. 
[West Ben. Act 
(Sections 3-5.) 
(9) "regulations" means the regulations made by the Council 
under this Act; 
(10) "rules" means the rules made by the State Government under 
this Act; 
(11) "teacher" means any person appointed by an Acupuncture 
institution affiliated to, or recognised by, the Council to hold 
a teaching post; 
(12) "Vice-President" means the Vice-President of the Council. 
Constitution 
of Council. 
Composition 
of Council. 
Power of 
State 
Government 
to nominate 
members in 
certain 
circum-
stances. 
3. As soon as may be after the commencement of this Act, the State 
Government shall, by notification in the Official Gazette, establish a body 
corporate with perpetual succession and a common seal named the Council 
of Acupuncture Therapy, West Bengal. The Council shall be entitled to 
acquire and hold movable and immovable property, to transfer such 
property, to contract and to do all things necessary for the purposes of this 
Act and shall by its name sue and be sued. 
4. (1) The Council shall consist of the following members:— 
(a) a President nominated by the State Government; 
(b) five members nominated by the State Government of whom 
three shall be registered Acupuncture practitioners; 
(c) one member nominated by the University of Calcutta; 
(d) one member nominated by the Jadavpur University; 
(e) the Director of Dr. B. K. Basu Memorial Institute of 
Acupuncture Training and Research, ex officio; 
(f) four members who are citizens of India, elected from such 
constituencies and in such manner as may be prescribed, by 
the registered Acupuncture practitioners from among 
themselves. 
(2) Notwithstanding anything contained in the foregoing sub-section 
or elsewhere in this Act, on the first constitution of the Council all the 
members of the Council shall be nominated by the State Government, and 
the State Government shall also nominate one of the members to be the 
Vice-President. 
5. If the nominating authority referred to in clause (c) and clause (d) 
of sub-section (1) of section 4, or the electoral body referrd to in clause (t) 
of the said sub-section, fails by the prescribed date to nominate or elect the 
requisite number of member or members which such authority or body is 
entitled to nominate or elect, the State Government shall fill up the office 
of such member or members by nomination of a person or persons 
qualified to be nominated or elected by such authority or body. Any 
person so nominated by the State Government shall be deemed to have 
been duly nominated or elected a member by such authority or body. 
102 
The West Bengal Acupuncture System of Therapy Act, 1996. 
VIII of 1996.] 
(Sections 6-9.) 
6. A person shall be disqualified for being nominated or elected a 
member of the Council, if— 
(1) he has been convicted of any offence involving moral 
turpitude; 
(2) he is an undischarged insolvent; 
(3) he has been adjudged by a competent court to be of unsound 
mind; 
(4) he is an employee of the Council; 
(5) he has directly or indirectly any share or interest in any 
contract with, by or on behalf of the Council; 
(6) he has been dismissed from the service of the Central 
Government or a State Government or a local authority on a 
charge of gross misconduct or an offence involving moral 
turpitude; 
(7) he is a person under the age of 25. 
7. The name of every member nominated or elected under section 4 
or section 5 shall be published by the State Government in the Official 
Gazette. 
8. A person shall cease to be a member of the Council— 
(1) if, without obtaining the permission of the Council, he is 
absent from three consecutive meetings of the Council; or 
(2) if, having been nominated or elected as a registered 
Acupuncture practitioner, he ceases to be such a registered 
practitioner; or 
(3) if he becomes subject to any of the disqualifications referred 
to in section 6. 
9. (1) If any member dies or resigns his office or ceases to be a 
member for any other reason, the vacancy shall be filled up within six 
months by a fresh nomination or election under section 4 or section 5, as 
the case may be, and the member so nominated or elected shall hold office 
for the unexpired period of the term of office of the member whose place 
he fills. 
(2) If any member referred to in clause (b), clause (c), clause (d), 
clause (e) or clause (f) of sub-section (1) of section 4 is nominated 
President, there shall be a vacancy in that membership which shall be 
filled up under sub-section (1) of this section. 
Disqualifica-
tion for 
nomination 
or election. 
Publication 
of names 
of members. 
Cessation of 
membership. 
Filling of 
casual 
vacancies. 
103 
The West Bengal Acupuncture System of Therapy Act, 1996. 
[West Ben. Act 
(Sections 10-13.) 
Term of 
office of 
members. 
10. (1) Subject to the provisions of section 9, the term of office of 
the members nominated or elected under section 4 or section 5 shall be 
for four years commencing from the date of the first meeting of the Council 
after its first constitution or any subsequent periodical reconstitution, as 
the case may be. 
(2) The term of four years referred to in sub-section (1) shall be held 
to include any period which may elapse between the expiry of the said 
period of four years and the date of the first meeting of the Council 
following its reconstitution at which a quorum is present. 
Resignation. 	 11. The President, the Vice-President or a member may resign his 
office by writing under his hand addressed to the State Government, of 
which he shall send a copy to the Council. 
The 
President. 
The Vice-
President. 
12. (1) The President shall hold office for the period mentioned in 
section 10 or until his successor is nominated, whichever is later. 
(2) If the President dies or resigns his office or ceases to hold office, 
the State Government shall nominate another person as President and 
such President shall hold office for the unexpired portion of the term of 
office of the former President in whose place he is so nominated. 
(3) In the event of the occurrence of any vacancy in the office of the 
President under sub-section (2), the Vice-President shall discharge the 
functions of the President until a new President is nominated. 
(4) When the President is unable to discharge the duties of his 
office owing to absence, illness or any other cause, the Vice-President 
shall discharge the functions of the President until the date on which 
the President resumes his duties. 
13. (1) The members of the Council shall, at the first meeting after 
every periodical reconstitution of the Council, elect a Vice-President from 
among themselves in such manner as may be prescribed. 
(2) The Vice-President shall hold office for the period mentioned in 
section 10: 
Provided that a Vice-President shall cease to hold office if he ceases 
to be a member of the Council. 
(3) If the Vice-President dies or resigns his office or ceases to hold 
office, the members of the Council shall elect from among themselves 
another Vice-President in such manner as may be prescribed, and such 
Vice-President shall hold office for the unexpired portion of the term of 
office of the former Vice-President whose office he fills. 
104 
The West Bengal Acupuncture System of Therapy Act, 1996. 
VIII of 1996.] 
(Sections 14-16.) 
14. (1) The members of the Council shall constitute from among Executive 
themselves an Executive Committee to perform such functions, discharge Committee. 
such duties and exercise such powers as may be delegated to it by the 
Council. 
(2) The Executive Committee shall consist of the President and the 
Vice-President, ex officio, and three other members elected by the members 
of the Council in the prescribed manner from among themselves. 
(3) The President and the Vice-President of the Council shall be the 
President and the Vice-President, respectively, of the Executive Committee. 
(4) The term of office of an elected member of the Executive Committee 
shall be two years from the date of his election, but, subject to his being 
a member of the Council, he shall be eligible for re-election to the Executive 
Committee. 
(5) No business shall be transacted at any meeting of the Executive 
Committee unless a quorum of three members be present. 
(6) The Council may, subject to the approval of the State Government, 
appoint from time to time one or more Committee consisting of members 
of the Council or outsiders or both, on such terms as may be approved by 
the State Government, for the purpose of advising it on such matters as 
it deems necessary, and may appoint, for any such Committee, a Chairman 
who shall convene and preside over the meetings of the Committee. 
15. (1) The Council shall hold its meetings at such intervals and at Meetings. 
such places as may be provided by regulations. 
(2) No business shall be transacted at any meeting of the Council 
unless a quorum of five members be present. 
(3) Save as provided in clause (b) of sub-section (2) of section 21, all 
questions arising at any meeting shall be decided by votes of the majority 
of the members present and voting and, in the case of an equality of votes, 
by the casting vote of the President or, in his absence, of the member 
presiding at the meeting. 
Powers of 
Council. 16. The Council shall have the following powers:— 
(1) with the approval of the State Government, to establish 
institutions teaching the Acupuncture system of medicine 
and to grant or refuse affiliation to such institutions or to 
withdraw, after giving the authority of an institution an 
opportunity to show cause against the action proposed to be 
taken, such affiliation; 
105 
The West Bengal Acupuncture System of Therapy Act, 1996. 
[West Ben. Act 
(Section 17.) 
(2) to call on the authority of an institution affiliated to the 
Council or of an institution applying for affiliation to furnish, 
within such period as may be specified, such reports, returns 
or other information as the Council may require to judge 
the efficiency of the institution; 
(3) to hold examinations for persons who shall have pursued a 
course of study in institutions affiliated to the Council, and 
to confer degrees, diplomas and certificates on them on 
having passed the necessary examinations; 
(4) to provide by regulations courses of study for different 
examinations held by the Council; 
(5) to provide for instructions or for refresher courses in such 
branches of medical science as would be useful to persons 
study the Acupuncture system of therapy; 
(6) to appoint examiners and to publish the results of the 
examinations held by it; 
(7) to confer honorary degree on Acupuncture practitioners of 
extraordinary merit; 
(8) to exercise general supervision over the residential and 
disciplinary arrangements made by theinstitutions affiliated 
to the Council and arrangements for promoting the health 
and general welfare of the students of such institutions; 
(9) to recommend to the State Government the sanction of a 
grant to an affiliated institution teaching the Acupuncture 
system to therapy or the withdrawal or suspension, after 
giving the institution concerned an opportunity of showing 
cause against the action proposed, of any such, grant; 
(10) to appoint, on such terms as the Council may, with the 
previous sanction of the State Government, determine, such 
number of inspectors for the inspection of institutions 
teaching the Acupuncture system of.therapy as the Council 
may deem fit; 
(11) to advise the State Government in the matter of research in 
Acupuncture system of therapy; 
(12) to perform such other functions as the State Government 
may direct or, on the recommendation of the Council, 
approve for carrying out the provisions of this Act. 
Registrar 	 17. (1) The Director of the Dr. B. K. Basu Memorial Research and and staff. 	
Training Institute of Acupuncture shall act as the Registrar of the Council 
in addition to his own duties. The officers and staff of the said Institute 
shall also function under the Registrar in addition to their own duties. 
106 
The West Bengal Acupuncture System of Therapy Act, 1996. 
VIII of 1996.] 
(Sections 18-22.) 
(2) The Registrar shall act as the Secretary to the Council and the 
Executive Committee. 
18. (1) The Council shall maintain Register of Acupuncture 
practitioners in such form as may be prescribed. 
(2) The Registrar shall from time to time make necessary entries in 
the Register in respect of the persons whose names are to be registered, 
their qualifications and their addresses and may also from time to time 
make such alterations or modifications therein as may be required in 
consequence of any orders passed by the Council. 
19. Every person who possesses a qualification recognised by the 
Council shall, subject to the provisions of this Act, be entitled to have his 
name entered in the Register. 
20. Every person who desires to have his name entered in the Register 
shall submit to the Registrar an application in the prescribed form stating— 
(a) the particulars of his qualifications, and 
(b) his address which shall be his registered address. 
21. (1) The Council may, on being satisfied that a person is qualified 
for registration under section 19, direct that his name be entered in the 
Register, and the Registrar shall thereupon make necessary entries in the 
Register and grant him a certificate of registration. 
(2) The Council may refuse to permit the registration, or direct the 
removal from the Register, of the name of any person— 
(a) who has been convicted of any offence involving moral 
turpitude; or 
(b) who has been found guilty of infamous conduct in his 
professional capacity by a majority of at least two-thords of 
the members of the Council after a due enquiry into his 
conduct at which he has had an opportunity of being heard 
in person or of being duly represented. 
(3) Any refusal or removal under sub-section (2) may be rescinded 
if the conduct on the basis of which refusal or removal was directed is 
condoned for good and sufficient reasons. 
Registration 
of 
Acupuncture 
practitioners. 
Persons 
entitled to be 
registered. 
Application 
for 
registration. 
Power of 
Council to 
refuse 
registration 
or to remove 
name from 
Register in 
certain cases. 
22. Any entry in the Register, which is proved to the satisfaction Cancellation 
of fraudulent of the Council to have been fraudulently or incorrectly made, may be and incorrect 
cancelled under an order in writing of the Council. 	 entries. 
107 
The West Bengal Acupuncture System of Therapy Act, 1996. 
[West Ben. Act 
(Sections 23-27.) 
Appeal. 	 23. An appeal shall lie to the State Government against any decision 
or order of the Council refusing to enter the name of a person in the 
Register or removing his name from the Register, if filed within three 
months of the date of decision or order, and the decision of the State 
Government shall be final. 
Notice of 
death and 
removal of 
name from 
Register. 
Penalty on 
unregistered 
person 
representing 
that he is 
registered. 
Penalty for 
failure to 
surrender 
certificate of 
registration. 
Prohibition 
of 
unauthorised 
conferment 
of degree, 
diploma, etc. 
and penalty 
for such 
conferment. 
24. The Council may, on receipt of reliable information regarding the 
death of a person whose name is entered in the Register, and on 
making such enquiry as it may think fit, direct the removal of his name 
from the Register and thereupon the Register shall cancel the entry relating 
to such person. 
25. If any person, whose name is not entered in the Register, falsely 
pretends that it is so entered or uses, in connection with his name, any 
words or letters representing that his name is so entered, he shall, whether 
any preson is actually deceived by such representation or not, be punishable, 
on conviction by a Metropolitan Magistrate or a Magistrate of the First 
Class having juridiction, with imprisonment which may extend to six 
months or with fine which may extend to five hundred rupees. 
26. (1) If any person, whose name has been removed from the Register 
under sub-section (2) of section 21, fails, without sufficient cause, forthwith 
to surrender his certificate of registration, he shall be punishable with fine 
which may extent to fifty rupees. 
(2) No cognizance of an offence punishable under this section shall 
be taken except upon complaint made by an order of the Council. 
27. (1) Except the Council, no person, association or institution, not 
recognised by the Council, shall confer, grant or issue, or hold himself or 
itself out as entitled to confer, grant or issue, any degree, diploma, licence, 
certificate or any other document stating or implying that the holder, 
grantee or recepient thereof is qualified to practise the Acupuncture system 
of therapy. 
(2) Any contravention of the provisions of sub-section (1) shall be 
punishable with imprisonment which may extend to one year or with fine 
which may extend to one thousandrupees or with both; and if an association 
or institution is guilty of such contravention, every member thereof, who 
knowingly or wilfully authorises or permits the contravention, shall be 
punishable with imprisonment which may extend to one year or with fine 
which may extend to one thousand rupees or with both. 
108 
The West Bengal Acupuncture System of Therapy Act, 1996. 
VIII of 1996.] 
(Sections 28-30.) 
28. (1) No person shall use any letters or figures after his name 
indicating or implying that he possesses any degree, diploma, licence, or 
certificate as an Acupuncture practitioner unless such degree, diploma, 
licence or certificate has been conferred by the Council, or is recognised 
by it with the approval of the State Government. 
(2) Whoever contravenes the provisions of sub-section (1) shall be 
punishable, on first conviction, with fine which may extend to two hundred 
rupees, and, on any subsequent conviction, with fine which may extend 
to five hundred rupees. 
29. (1) The Registrar shall, from time to time as occasion may require, 
on or before the date to be fixed in this behalf by the Council, cause to be 
printed and published (provided that at least twelve months shall have 
elapsed from the date of the last publication) a correct list of the names for 
the time being entered in the Register setting forth therein— 
(a) names of all registered Acupuncture practitioners 
arranged in alphabetical order according to surname; 
(b) the registered address of each such person; and 
(c) the registered qualifications of each such person and 
the date on which each qualification was obtained. 
(2) The Registrar shall, from time to time as occasion arises, cause to 
be printed and published a list supplementary thereto, containing additions 
and alterations in the Register since the publication of the list under sub-
section (1). 
(3) Every court shall presume that any person whose name is entered 
in the latest list printed and published under sub-section (1), read with the 
latest list supplementary thereto, if any, printed and published under sub-
section (2), is duly registered under this Act, and that any person whose 
name is not so entered is not registered under this Act: 
Provided that in the case of any person whose name does not appear 
in the latest list printed and published under sub-section (1), read with 
the latest list supplementary thereto, if any, printed and published under 
sub-section (2), a certified copy of the entry of the name of such person in 
the Register, signed by the Registrar, shall be evidence that such person 
is registered under this Act. 
Penalty for 
improper 
assumption 
of 
Acupuncture 
qualifications. 
Publication 
and use of 
registration 
list. 
30. Except with the special sanction of the State Government, no Acupuncture 
Acupuncture practitioner, other than 	 p aregistered Acupuncture practitioner other  
ractitioners, 
than 
whose name is entered in the Register, shall be competent to hold any those risted appointment as a medical officer or teacher in any Acupuncture hospital, under  
asylum, infirmary, dispensary or lying-in-hospital set up under any law Act, not 
for the time being in force or in any Acupuncture educational institution eligible for 
certain 
which is recognised by the Council. 	 appointments. 
109 
The West Bengal Acupuncture System of Therapy Act, 1996. 
[West Ben. Act 
(Sections 31-35.) 
Control of 
manufacture, 
storage and 
sale of 
Acupuncture 
instruments. 
Bar of suit 
or other 
legal 
proceedings. 
Validation. 
Power to 
make rules. 
Power to 
make 
regulations. 
31. Subject to the provisions of any law for the time being in force 
relating to instruments, the State Government shall have the power to 
regulate and control manufacture, storage or sale of Acupuncture 
instruments by the grant of licences to manufacturers, stockists and 
sellers on such conditions as may be prescribed. 
32. No suit, prosecution or other legal proceedings•shall lie in respect 
of any act or thing done or omitted to be done in the exercise or purported 
exercise of any power conferred by or under this Act on the State 
Government or the Council or the Executive Committee or any Committee 
appointed by the Council or on the Registrar. 
33. No act or thing done by the Council, the Executive Committee or 
a Committee appointed by the Council shall be invalid merely on the 
ground of any vacancy in or defect in the composition of, the Council, the 
Executive Committee or such Committee. 
34. (1) The State Government may, from time to time, make rules 
for carrying out the purposes of this Act. 
(2) In particular, and without prejudice to the generality of the foregoing 
power, such rules may provide for all or any of the following matters:— 
(i) the election of members of the Council and the Executive 
Committee, and the election of the Vice-President; 
(ii) the functions to be performed by the President and the Vice-
President; 
(iii) the conditions for the grant of licences under section 31; 
(iv) the procedure to be followed by the Council in— 
(a) conducting an enquiry under clause (b) of sub-
section (2) of section 21; 
(b) disposing of appeals from the decision of the Registrar 
preferred under section 23; 
(v) any other matter which may be, or is required to be, prescribed 
under this Act. 
35. (1) The Council may, with the previous approval of the State 
Government, make regulations, not inconsistent with the provisions of 
this Act or the rules made thereunder, for discharging its functions under 
this Act. 
110 
The West Bengal Acupuncture System of Therapy Act, 1996. 
VIII of 1996.] 
(Sections 36, 37.) 
(2) In particular, and without prejudice to the generality of the 
foregoing power, such regulations may provide for all or any of the 
following matters:— 
(i) the conduct of business of the Executive Committee and of 
Committee appointed by the Council; 
(ii) the time and place at which each meeting shall be held; 
(iii) the issue of notices convening such meeting; 
(iv) the conduct of business thereat; 
(v) any matter for which power to make regulations is conferred 
expressly or by implication on the Council by this Act. 
36. All rules and regulations shall be published in the Official Publication 
of rules and Gazette. 	 regulations. 
37. If, at any time, it appears to the State Government that the Council Control on 
has failed to exercise or has exceeded or abused a power conferred upon Sta
te cil by 
 
it by or under this Act or has failed to perform a duty imposed upon it Government. 
by this Act, the State Government may, if it considers such failure, excess 
or abuse to be of a serious character, after giving the Council an opportu-
nity of being heard, notify the particulars thereof to the Council, and if 
the Council 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. Council and cause all or any of the powers 
and duties of the Council to be exercised and performed by such agency 
and for such period as it may think fit. 
111 

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