The West Bengal State Ayurvedic Health Service Act, 2002

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Registered No. WB/SC-247 No. WB(Part-III)/2002/SAR-21
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SRAVANA 101 THURSDAY. AUGUST I. 2002
ISAKA 1924
PART III— Acts of the West Bengal Legislature.
GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative
NOTIFICATION
No. 1252-L—1 st August. 2002. The following Act of the West Bengal Legislature. having been assented to by
the Governor, is hereby published for general information:
West Bengal Act XI of 2002
THE WEST BENGAL STATE AYURVEDIC HEALTH
SERVICE ACT, 2002.
[Passed bv the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette,
Extraotzlinary, of the 1st August, 2002.1
An Act to provide for the regulation of the recruitment, and conditions of service of
persons appointed, to the State Avurvedic Health Service.
WHEREAS it is expedient, in the public interest, to regulate the recruitment, and the
conditions of service of persons appointed, to the State Ayurvedic Health Service;
It is hereby enacted in the Fifty-third Year of the Republic of India, by the Legislature
of West Bengal, as follows:
Short title and
commencement.
1. (1) This Act may he called the West Bengal State Ayurvedic Health.Service
Act. 2002.
(2) It shall come into force on such date as the State Government may. by
notification, appoint.
THE KOLKATA GAZETTE. EXTRAORDINARY AUGUST 1, 2002 [PART III
The West Bengal State Ayurvedic Health Service Act, 2002.
(Sections 2-6.)
Definitions. 2. In this Act, unless the context otherwise requires,—
(a) "Cadre" has the same meaning as in clause (a) of section 2 of the West
Bengal State Health Service Act, 1990;
(b) "notification" means a notification published in the Official Gazette;
(c) "prescribed" means prescribed by rules made under this Act;
(d) "Service" means the State Ayurvedic Health Service;
(e) "State Ayurvedic Health Service" means the West Bengal Ayurvedic
Education Service, or the West Bengal Ayurvedic Health Service, as
constituted under section 3 of this Act.
West Ben. Act VII
of 1990.
Constitution of
State Ayurvedic
Health Service.
Transfer II0111 one
service to another.
Combination of
appointment.
Ayurvedic
Medical Colleges
to he non-
practising
Institutions.
3. With effect from such date as the State Government may, by notification,
appoint in this behalf, there shall be constituted the following State Ayurvedic Health
Service and different dates may be appointed for different Service, namely:—
(1) the West Bengal Ayurvedic Education Service;
(2) the West Bengal Ayurvedic Health Service.
4. (1) No person appointed to the West Bengal Ayurvedic Education Service
shall be transferred to the West Bengal Ayurvedic Health Service:
Provided that any person holding a teaching post in the basic level in the West
Bengal Ayurvedic Education Service may exercise an option for the West Bengal
Ayurvedic Health Service on such terms and conditions as may he prescribed.
(2) No person appointed to the West Bengal Ayurvedic Health Service shall be
transferred to the West Bengal Ayurvedic Education Service.
(3) Any person appointed in the administrative job having the minimum
qualification as prescribed for the posts of the West Bengal Ayurvedic Health Service
shall be included in the said service cadre.
(4) Subject to the foregoing provisions of this section and the rules made
thereunder, the State Government shall have the right to transfer any person from one
post to another similar post within the same cadre:
Provided that except on account of inefficiency or misbehaviour or on his written
request, no person shall be transferred to a post carrying less pay than the pay of the
post held by him for the time being.
5. Subject to the provisions of this Act, the State Government may appoint any
person to hold two or more separate posts in the same cadre as and when necessary on
such terms and conditions, as may be prescribed.
6. ( 1 ) The State Government may, by notification, declare any undergraduate
or post-graduate Ayurvedic Medical College or other ayurvedic teaching- institution
together with the Hospital, if any, attached to such Ayurvedic Medical College or
ayurvedic teaching institution to be a non-practising institution with effect from such
date as may be specified in the notification.
(2) Upon such declaration, no person, holding any post on terms and conditions
for practice in such Ayurvedic Medical College or other ayurvedic teaching institution
or the Hospital attached thereto, shall be allowed to hold such post on terms and
conditions for practice:
Provided that any person 1.olding a non-teaching post in such Ayurvedic Medical
College or other ayurvedic teaching institution or the Hospital attached thereto on
terms and conditions for practice may exercise an option for practice or non-practice
without any change of post or designation within a period of ninety days from the date
of coming into force of this Act or within such extended period as the State Government
may by notification specify:
Provided further that any such person who exercises option for non-practice shall
he allowed time, not exceeding six months from the date of exercise of such option, for
winding up practice:
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 1, 2002 3
The West Bengal State Ayurvedic Health Service Act, 2002.
Cadre of West
Bengal Ayurvedic
Education
Service.
(Sections 7-12.)
Provided also that if any such person does not exercise any option or exercises
option for practice, he shall, within a period of one year from the date of coming into
force of this Act, be transferred to a post in any other Hospital on terms and conditions
for practice.
7. The cadre of the West Bengal Ayurvedic Education Service shall consist of
such teaching posts on such pattern and on such terms and conditions as may be
prescribed following the guidelines of the Central Council of Indian Medicine in its
regulations under the Indian Medicine (Minimum Standards of Education in Indian
Medicine) Regulations, 1986 and shall include such teaching administrative posts as
may be notified by the State Government in this behalf:
Provided that such terms and conditions may include the condition of management
and supervision of admission to beds, and treatment, of patients in such undergraduate
or post-graduate Ayurvedic Medical College or other ayurvedic teaching institution
together with the Hospital, if any, attached to such Ayurvedic Medical College or
institution by such persons appointed to the West Bengal Ayurvedic Education
Service or appointed on such terms and conditions as the State Government
may determine, excluding all other persons appointed to the West Bengal Ayurvedic
Health Service:
Provided further that notwithstanding anything contained elsewhere in this Act,
any person holding a teaching administrative post included in the cadre of the West
Bengal Ayurvedic Education Service shall be deemed to be a person holding a teaching
post in the West Bengal Ayurvedic Education Service.
8. The cadre of the West Bengal Ayurvedic Health Service shall consist of such
non-teaching posts as may be prescribed.
9. (1) The post included in the cadre of the West Bengal Ayurvedic Education
Service shall be non-practising.
(2) Any person appointed to a post included in the cadre of the West . Bengal
Ayurvedic Education Service may be granted such non-practising allowance as may
be prescribed.
10. Any person of the West Bengal General Service appointed to a post as Senior
Ayurvedic Medical Officer, including those who are in Administrative posts, other
than a post included in the cadre of the West Bengal Ayurvedic Education Service
shall be included in the cadre of the West Bengal Ayurvedic Health Service.
11. A person working as the Senior Ayurvedic Medical Officer prior to the
commencement of this Act shall be included in the cadre of the West Bengal Ayurvedic
Health Service and shall not be allowed to opt for the cadre of the West Bengal Ayurvedic
Education Service.
12. Any person who has held, or who holds, immediately before the coming into
force of this Act, a teaching post, in the Ayurvedic Medical Colleges of the State
Government, under the West Bengal General Service, on terms and conditions for practice
or non-practice, may exercise an option for the West Bengal Ayurvedic Education Service
or for the West Bengal Ayurvedic Health Service in such manner as may be prescribed
Cadre of West
Bengal Ayurvedic
Health Service.
Posts in cadre of
West Bengal
Ayurvedic
Education Service
to be non-
practising.
Persons appointed
in West Bengal
General Service
Cadre as Senior
Ayurvedic
Medical Officers
be included in the
West Bengal
Ayurvedic Health
Service.
Senior Ayurvedic
Medical Officers
included in West
Bengal Ayurvedic
Health Service
shall not opt for
West Bengal
Ayurvedic
Education Service.
Status of persons
holding teaching
posts in the West
Bengal General
Service.
4 THE KOLKATA GAZETTE. EXTRAORDINARY, AUGUST 1, 2002 [PART III
The West Bengal State Ayurvedic Health Service Act, 2002.
Transfer of persons
holding teaching
posts but not
opting for West
BengalAyurvedic
Education Service.
Recruitment to
State Ayurvedic
Health Service.
(Sections 13, 14.)
and thereupon such person shall be appointed or shall be deemed to have been appointed,
as the case may be, to a post included in the West Bengal Ayurvedic Education Service
or in the West Bengal Ayurvedic Health Service, as the case may be:
Provided that the senior Ayurvedic Medical Officers temporarily engaged to
such teaching posts in the Ayurvedic Medical College of the State Government shall
not be eligible for exercising the option for the West Bengal Ayurvedic Education
Service:
Provided further that a person exercising option for the West Bengal Ayurvedic
Education Service and a person selected for appointment to the same Service shall,
upon appointment to a teaching post in the West Bengal Ayurvedic Education Service,
be required to perform duties in a Hospital in addition to his duties as a Teacher of the
discipline concerned having such designation as may be prescribed:
Provided also that the persons holding teaching posts other than Senior Ayurvedic
Medical Officers immediately before' the coming into force of this Act, who do not
exercised any option under this section, shall be deemed to have exercised option for
the West Bengal Ayurvedic Education Service.
13. Notwithstanding anything contained in seciton 12, the persons holding
teaching posts of any rank on terms and conditions for practice prior to coming into
force of this Act, who do not exercise option for the West Bengal Ayurvedic Education
Service but opt for the West Bengal Ayurvedic Health Service may, on transfer from
such posts, be appointed to the West Bengal Ayurvedic Health Service in phases within
a period of one year from the date of coming into force of this Act.
14. (1) Recruitment to all teaching posts in the West Bengal Ayurvedic Education
Service shall be made through the Public Service Commission, West Bengal, in such
manner as may be prescribed by the Central Council of Indian Medicine in its regulations
under the Indian Medicine (Minimum Standards of Education in Indian Medicine)
Regulations, 1986:
Provided that a quota shall be fixed in such manner as may be prescribed for all
categories of teaching posts, except the posts of Demonstrator and Principal in the
West Bengal Ayurvedic Educaion Service, for being filled up by promotion of persons
holding teaching posts in the said Service:
Provided further that the recruitment to the posts of Demonstrator in the West
Bengal Ayurvedic Education Service shall be made only through the Public Service
Commission, West Bengal, giving preference to persons who have rendered at least
two years' service in the rural areas:
Provided also that the recruitment to the posts of Principal in the West Bengal
Ayurvedic Education Service shall be made through the Public Service Commission,
West Bengal, in such manner as may be prescribed:
Provided also that any person appointed to the West Bengal Ayurvedic Health
Service shall, subject to such terms and conditions as may be prescribed, be eligible to
apply for any such posts:
Provided also that the recruitment to the posts of Lecturer. Reader or Assistant
Professor and Professor in the West Bengal Ayurvedic Education Service shall be made
through the Public Service Commission, West Bengal, in such manner as may be
prescribed.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 1, 2002 5
The West Bengal State Ayurvedic Health Service Act, 2002.
Scales of pay of
persons appointed
to the posts in the
State Ayurvedic
Health Service.
Seniority of
persons appointed .
to teaching posts
in West Bengal
Ayurvedic -
Education Service.
(Sections 15-19.)
(2) Notwithstanding anything contained in the foregoing provisions of this section
or elsewhere in this Act, promotion of persons holding teaching posts to the next higher
rank, due on any date prior to the date of coming into force of this Act, may, if not made
prior to the coming into force of this Act, be made at any time after the coming into force
of this Act, other than in accordance with the provisions of this Act or the rules made
thereunder.
(3) Recruitment to all Basic Grade Posts in the West Bengal Ayurvedic Health
Service shall be made through the Public Service Commission, West Bengal, in such
manner as may be prescribed.
(4) Recruitment to all teaching administrative posts in the West Bengal Ayurvedic
Education Service shall be made through the Public Service Commission, West Bengal,
in such manner as may be prescribed.
(5) Recruitment to all administrative posts in the West Bengal Ayurvedic Health
Service shall be made through the Public Service Commission, West Bengal, in such
manner as may be prescribed.
15. All persons appointed to the West Bengal State Ayurvedic Health Service
shall be subject to such control and discipline as may be prescribed.
16. (1) The age of compulsory retirement of persons appointed to the West Bengal
Ayurvedic Education Service shall be such as may be prescribed:
Provided that no such person shall be retained in service on his attaining the age of
sixty years:
Provided further that any such person may be re-employed, on his attaining the
age of superannuation or after he has attained such age, to a post in the West Bengal
Ayurvedic Education Service, not inferior to a post held by such person immediately
before his attaining the age of superannuation, on such terms and conditions as may be
prescribed:
Provided also that no such person shall be retained on such re-employment on his
attaining the age of sixty-five years.
(2) The age of compulsory retirement of persons appointed in West Bengal
Ayurvedic Health Service shall be the age of sixty years and after attaining that age no
such person shall be retained in service.
17. (1) The scales of pay of persons appointed to the teaching posts, or to the
teaching administrative posts, in the West Bengal Ayurvedic Education Service shall
be such as may be prescribed.
(2) The scales of pay of persons appointed to the posts included in the cadre for
the West Bengal Ayurvedic Health Service shall be such as may be prescribed.
18. The seniority of persons appointed to the teaching posts in the West Bengal
Ayurvedic Education Service and the inter se seniority between such persons shall be
determined in such manner as may be prescribed.
Control and
discipline of
persons appointed
to State Ayurvedic
Health Service.
Age of retirement
of persons
appointed to State
Ayurvedic Health
Service.
Act not to apply in 19. The provisions of this Act shall not apply to any person not absorbed, in certain cases. pursuance of the Acts and the Rules made thereunder for taking over of the management
6 THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 1, 2002 [PART HI
The West Bengal State Ayurvedic Health Service Act, 2002.
Saving.
Transitory
provisions.
Act to have
overriding effect.
Power to make
rules.
Power to remove
difficulties.
(Sections 20-24.)
of the Ayurvedic Medical Colleges and Hospitals in West Bengal but was holding a
teaching post, in any post-graduate or undergraduate Ayurvedic Medical College and
Hospital or other teaching institution, or in any Hospital attached to such post-graduate
or undergraduate Ayurvedic Medical College or teaching institution, on terms and
conditions as might be agreed upon by the State Government prior to the coming into
force of this Act, and such person shall continue in such post on the same terms and
conditions even after the coming into force of this Act.
20. All rules, orders and notifications made or issued by the State Government
under the proviso to Article 309 of the Constitution of India or under any other law for
the time being in force, applicable to the persons appointed prior to the introduction of
this Act, and continuing in force immediately before the coming into force of this Act,
shall, after the coming into force of this Act, continue to be in force so far as such
rules, orders or notifications are not inconsistent with the provisions of this Act until
they are repealed or amended.
21. Notwithstanding anything contained elsewhere in this Act, if the State
Government is of opinion that it is necessary so to do in the public interest, it may, by
order, elevate or promote any person holding a teaching post in the West Bengal
Ayurvedic Education Service to a higher rank or may make recruitment to any teaching
post in the West Bengal Ayurvedic Education Service in such manner, and subject to
such terms and conditions, as may be prescribed:
Provided that no such order shall be made after the expiry of a period of three
years from the date of coming into force of this Act.
22. The provisions of this Act shall have effect notwithstanding anything contained
in any other law for the time being in force or in any judgement, decree or order of any
court, tribunal or other authority or in any instrument having effect by virtue of any
law other than this Act or in any contract, custom or usage to the contrary.
23. (1) The State Government may, by notification, make rules for carrying out
the purposes of this Act.
(2) Every rule made by the State Government under this Act shall be laid, as soon
as may be after it is made, before the State Legislature, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the session
or the successive sessions aforesaid, the State Legislature agrees in making any
modification in the rule or the State Legislature agrees that the rule'should
not be made, the 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 under
that rule.
24. If any difficulty arises in giving effect to the provisions of this Act, the
State Government may by order do anything not inconsistent with the provisions
of this Act as may appear necessary or expedient for the purpose of removing the
difficulty:
Provided that no such order shall be made after the expiry of a period of three
years from the date of coming into force of this Act.
By order of the Governor,
A. K. BHATTACHARYA,
SecA to the Govt. of West Bengal.
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Pres's Ltd.
(Government of WestBengal Enterprise), Kolkata 700 056

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