The West Bengal Yoga And Naturopathic System Of Medicine Act, 2010

Registered No. WB/SC-247 	 No. WB(Part-III)/2010/SAR-10 
  
Krauts nett 
RTC114qq-zi 
Extraordinary 
Published by Authority 
VAT SAKHA 20] 	
MONDAY, MAY 10, 2010 	 [SAKA 1932 
PART III—Acts of the West Bengal Legislature. 
GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
NOTIFICATION 
No. 630-L.-10th May, 2010.—The following Act of the West Bengal Legislature, having been assented to by 
the Governor, is hereby published for general information:— 
West Bengal Act VI of 2010 
THE WEST BENGAL YOGA AND NATUROPATHIC SYSTEM 
OF MEDICINE ACT, 2010. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Kolkata Gazette, 
Extraordinary, of the 10th May, 2010.] 
An Act to provide for the development of the Yoga and Naturopathic system of 
medicine and to regulate the teaching and practice thereof and to deal with certain other 
connected matters. 
WHEREAS it is expedient, in the public interest, to provide for the development 
of the Yoga and Naturopathic system of medicine and to regulate the teaching and 
practice thereof and to deal with certain other matters connected therewith or incidental 
thereto; 
It is hereby enacted in the Sixty-first Year of the Republic of India, by the 
Legislature of West Bengal, as follows:— 
Short title, extent 
and 
commencement. 
1. (1) This Act may be called the West Bengal Yoga and Naturopathic System 
of Medicine Act, 2010. 
2 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 10, 2010 	 [PART III 
The West Bengal Yoga and Naturopathic System 
of Medicine Act, 2010. 
(Section 2.) 
(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. 
Definitions. 	 2. In this Act, unless the context otherwise requires,— 
(1) "accreditation" means the recognition granted to educational institutions 
and hospitals to signify the attainment of an acceptable level of professional 
expertise, academic quality and integrity; 
(2) "competent authority" means the West Bengal Council of Yoga and 
Naturopathy, which shall grant registration and accreditation under this 
Act and the rules made thereunder and shall have the authority to conduct 
inspections and evaluation visits for the purpose; 
(3) "Council" means the West Bengal Council of Yoga and Naturopathy 
constituted under section 3; 
(4) "hospital" means a Yoga and Naturopathy Hospital with minimum of ten 
in-patient beds and an out-patient department; 
(5) "institution" means— 
(i) medical college conducting the Bachelor of Naturopathy and Yogic 
Sciences (BNYS) Course and Post-graduate Courses; 
(ii) Yoga and Naturopathy hospital; and 
(iii) research institute on yoga and naturopathy; 
(6) "member" means a member of the Council; 
(7) "practitioner" means a person who practices Yoga and Naturopathic 
System of Medicine as his principal occupation; 
(8) "prescribed" means prescribed by rules made under this Act; 
(9) "President" means the President of the Council; 
(10) "register" means the register of Yoga and Naturopathic practitioners 
maintained under this Act; 
(11) "registered Yoga and Naturopathic Practitioner" means a Yoga and 
Naturopathic Practitioner registered under the provisions of this Act and 
the rules made thereunder; 
(12) "Registrar" means the Registrar of the Council and shall be deemed to 
be the Registrar for all purposes of this Act; 
(13) "registration" means the registration of Yoga and Naturopathic 
Practitioners under this Act; 
(14) "regulations" means the regulations made by the Council under this Act; 
(15) "rules" means the rules made by the State Government under this Act; 
(16) "teacher" means any person appointed to hold a teaching post by a Yoga 
and Naturopathic institution affiliated to, or recognized by, the Council; 
(17) "Vice-President" means the Vice-President of the Council; 
(18) "Yoga and Naturopathy" means a drugless, non-invasive system of 
medicine involving the use of natural materials in its treatment based on 
the theory of vitality, the theory of toxemia, the theory of the self healing 
capacity of the body and the principal of healthy living. 
1 
PART 	
THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 10, 2010 	 3 
The West Bengal Yoga and Naturopathic System 
of Medicine Act, 2010. 
(Sections 3-6.) 
Constitution of 
Council. 
Composition of 
the Council. 
Power of State 
Government to 
nominate 
members in 
certain 
circumstances. 
Disqualification 
for nomination or 
election. 
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 West Bengal Council of Yoga and Naturopathy. 
The Council shall be entitled, to acquire and hold movable and immovable property, 
to transfer such property, to enter into 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) a Vice-President nominated by the State Government; 
(c) five members nominated by the State Government of whom three shall 
be registered Yoga and Naturopathic practitioners; 
(d) one member nominated by the Vice-Chancellor of the West Bengal 
University of Health Sciences; 
(e) the Principal of the State Yoga and Naturopathic College, ex-officio, when 
such college is established; 
(f) the head of the Yoga and Naturopathic Research Institute ex-officio, when 
such Institute is established: 
Provided that until the institutions referred to in clauses (e) and (f) 
are established, the Principals or head of existing similar institutions or 
other suitable persons may be nominated by the State Government; 
(g) five members who are citizens of India, elected from such constituencies 
and in such manner as may be prescribed, by the registered Yoga and 
Naturopathic practitioners from among themselves. 
(2) Notwithstanding anything contained in this Act, on the first constitution of the 
Council after its establishment, all the members of the Council shall be nominated 
by the State Government, and the State Government shall also nominate the President 
and the Vice-President. 
5. If the nominating authority referred to in clause (d) of sub-section (1) of 
section 4, or the electoral body referred to in clause (g) 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 as a member by such authority or body. 
6. A person shall be disqualified for being nominated or elected as a member 
of the Council, if— 
(a) he has been convicted of any offence involving moral turpitude; 
(b) he is an undischarged insolvent; 
(c) he has been adjudged by a competent court to be of unsound mind; 
(d) he is an employee of the Council; 
(e) he has directly or indirectly any share or interest in any contract with, 
by or on behalf of the Council; 
(f) 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; 
(g) he is a person under the age of 25 years. 
4 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 10, 2010 	 [PART III 
The West Bengal Yoga and Naturopathic System 
of Medicine Act, 2010. 
(Sections 7-13.) 
Filling of casual 
vacancies. 
Term of office of 
members. 
Resignation. 
The President. 
The Vice-
President. 
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— 
(a) if, without obtaining the permission of the Council, he is absent from three 
consecutive meetings of the Council; or 
(b) if, having been nominated or elected as a registered Yoga and Naturopathic 
practitioner, he ceases to be such a registered practitioner; or 
(c) 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 clauses (b) to (f) of sub-section (1) of section 
4 is nominated as President or Vice-President, as the case may be, there shall be a 
vacancy in that membership which shall be filled up under sub-section (1) of this 
section. 
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 five 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 five 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 five years and 
the date of the first meeting of the Council following its reconstitution at which a 
quorum is present. 
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. 
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 period of the term of office of the former President in whose 
place he is so nominated. 
(3) In the event of 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 Vice-President shall hold office for the period mentioned in 
section 10. 
(2) If the Vice-President dies or resigns his office or ceases to hold office, the 
State Government shall nominate another Vice-President in such manner as may be 
prescribed, and such Vice-President shall hold office for the unexpired period of the 
term of office of the former Vice-President whose office he fills. 
Publication of 
names of 
members. 
Cessation of 
membership. 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 10, 2010 	 5 
The West Bengal Yoga and Naturopathic System 
of Medicine Act, 2010. 
(Sections 14-17.) 
Executive 
Committee. 
Meetings. 
Expenses to be 
paid to members 
and other persons. 
Powers of 
Council. 
14. (1) The members of the Council shall constitute from amongst themselves an 
Executive Committee to perform such functions, discharge such duties and exercise 
such powers as may be delegated to it by the Council. 
(2) The Executive Committee shall consist of the President, the Vice-President, 
and five 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, and he shall also 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 is present. 
(6) The Council may, subject to the approval of the State Government, appoint 
one or more committees 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 convener who shall convene the meeting of the said committee and one 
of the members of the committee shall preside over the meetings of such committee. 
(7) The Council may make regulations for conduct of the business of the Executive 
Committee and also of the other committee appointed by it. 
15. (1) The Council shall hold its meetings at such intervals and at 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 sub-section (2) of section 23, 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 Vice-President and in case both are absent, of the member presiding 
at the meeting. 
16. The Council shall pay to its President, Vice-President and members and other 
persons appointed by it to any committee referred to in section 14, such expenses for 
attending meetings of the Council, Executive Committee of the Council and of such 
committee, including such travelling expenses for journeys undertaken in performance 
of the duties as may be prescribed. 
17. The Council shall have the following powers:— 
(1) to grant affiliation and accreditation to institutions teaching the Yoga and 
Naturopathic system of medicine or to withdraw such affiliation and 
accreditation after giving the authorities of institution an opportunity to 
show cause against the action proposed to be taken, and to call on the 
authority of any such institution or of an institution applying for affiliation 
and accreditation 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: 
Provided that such affiliation and accreditation will be granted or 
withdrawn by the Council with the consent of the State Government; 
(2) to establish standard and accreditated Yoga and Naturopathic Institution 
for development and expansion of this system of medicine throughout 
the State; 
6 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 10, 2010 	 [PART III 
The West Bengal Yoga and Naturopathic System 
of Medicine Act, 2010. 
(Section 18.) 
(3) to confer registration on the institutionally qualified professional 
practitioners under this Act; 
(4) to confer registration to other Yoga and Naturopathic practitioners fulfilling 
the terms and conditions as laid down in this Act; 
(5) to provide by regulations, courses of study for different classes of 
registrations of Yoga and Naturopathic practitioners; 
(6) to exercise general supervision over the residential and disciplinary 
arrangements made by the institutions affiliated and accredited with the 
Council and arrangements for promoting the health and general welfare 
of the students of such institutions; 
(7) to acknowledge the University about the grant of affiliation to an institution 
and hospital, teaching students and treating patients under the Yoga and 
Naturopathic system of medicine or the withdrawal or suspension of 
affiliation and accreditation of such an institution; 
(8) 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 Yoga and Naturopathic System of 
Medicine as the Council may deem fit; 
(9) to advise the State Government and the University in the matter of 
research in Yoga and Naturopathic System of Medicine; 
(10) to confer honorary degree on Yoga and Naturopathic practitioners of 
extraordinary merit; 
(11) to receive grants, donations, gifts and endowments; 
(12) to frame and implement a co-ordinated scheme of public health of the 
State, based on the Yoga and Naturopathic System of Medicine, with or 
without the addition of modern technique; 
(13) to incur such expenditure, to adopt such measures and to do such acts 
as may be necessary for the furtherance of the objectives mentioned in 
this section; 
(14) to perform such other functions as the State Government may direct or, 
the Council may decide for carrying out the provisions of this Act. 
Registrar and 
staff. 18. (1) The Council shall, with the previous approval of the State Government, 
normally appoint a Registrar. The Registrar shall receive such salary and allowances 
as may be prescribed. The Council may grant him leave and may 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) The Council shall have power to suspend, punish, remove or dismiss the 
Registrar from office on such grounds as may be prescribed and subject to compliance 
of the natural justice: 
Provided that any such order of the Council shall be subject to appeal to the State 
Government. 
(3) In case of any dispute or any exigency, the State Government may appoint 
a Registrar of the Council, who shall be treated by the Council as the Registrar for 
all purposes of this Act. 
(4) The Council may appoint such other officers and staff as it may deem necessary: 
Provided that the number and designation of such officers and staff, their salaries 
and allowances shall be subject to previous approval of the State Government. 
PART III] 	
THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 10, 2010 	 7 
The West Bengal Yoga and Naturopathic System 
of Medicine Act, 2010. 
(Sections 19-21.) 
(5) The Registrar shall be the Secretary of the Council and of its Executive 
Committee and other committees. 
(6) The Registrar, either appointed by the Council or by the State Government, 
all officers and staff appointed by the Council shall work under the direct control and 
supervision of the President, or in his absence, of the Vice-President. 
Register of 
registered Yoga 
and Naturopathy 
Practitioners. 
Persons entitled to 
be registered. 
Accreditation of 
Institutions. 
19. (1) The Council shall maintain a register of Yoga and Naturopathic practitioners 
in such from 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 make such alterations or modifications therein as may 
be required in consequence of any order passed by the Council. 
20. (1) Every person who possesses a 5 years or 5V 2  years Degree in Naturopathy 
and Yogic Sciences (BNYS) from any University set up by a statute shall, subject 
to the provisions of this Act and on payment of such fee as may be prescribed, be 
entitled to have his name entered in the register for Class 'A' registration. 
(2) Every institutionally qualified professional practitioner possessing a 4 years 
or 41/2  years Diploma in Naturopathy awarded by the Government of Andhra Pradesh 
or Osmania University shall, subject to the provisions of this Act and on payment of 
such fee as may be prescribed, be entitled to have his name entered in the register 
for Class 'A' registration. 
(3) In exceptional cases, Class 'A' registration may also be given as a one time 
measure to self-educated Yoga and Naturopathic practitioners who are Post-graduates 
in any subject and who have at least 25 years of working experience in a reputed and 
established Yoga and Naturopathic Hospitals or Colleges and who are not less than 
45 years of age, on payment of prescribed fee and subject to the provisions of this 
Act. 
(4) In recognition of the fact that there is a significant number of self-educated 
Yoga and Naturopathic practitioners, "Class B" registration may also be given as a 
one time measure to self-educated full time Yoga and Naturopathic practitioners who 
are not institutionally qualified, and are not less than 35 years of age and who have 
a minimum of 15 years of full time proven clinical experience and who have passed 
Class XII or 10 + 2 from a State Board, the Central Board of Secondary Education 
or the Council for the Indian School Certificate Examinations subject to the provisions 
of this Act and on payment of prescribed fee. 
(5) Every person who has been registered under any Statutory State Council or 
Board of Yoga and Naturopathy shall, subject to the provisions of this Act and on 
payment of prescribed fee, be granted registration in the same category as granted to 
him by that State Council or Board. 
(6) Notwithstanding anything contained in sub-sections (3) and (4), every person 
who, within a period of two years from the date of commencement of this Act, 
produces proof that he has been in regular practice for the prescribed period preceding 
such date and has attained the minimum age-limit on the date of application for 
registration, shall be entitled to have his name entered in the register on payment of 
prescribed fee. 
(7) The registrations under this section shall be done in accordance with the 
provisions of this Act and the rules framed thereunder and on payment of prescribed 
fee in every case. 
21. (1) The institutions including educational institution and hospitals of Yoga 
and Naturopathy shall be granted accreditation to signify the attainment of an acceptable 
level of professional expertise, academic quality and integrity. 
8 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 10, 2010 	 [PART III 
The West Bengal Yoga and Naturopathic System 
of Medicine Act, 2010. 
(Sections 22-24.) 
Information of 
applicant required 
for registration. 
Power of the 
Council to refuse 
registration or to 
remove name 
from register in 
certain cases. 
(2) The objectives of the accreditation of institutions are— 
(i) to ensure that Yoga and Naturopathy hospitals offer safe, reliable and 
quality medical and health care; 
(ii) to ensure that institutions offering Naturopathy Medical Education are of 
acceptable academic quality relevant to the health care requirements of 
the country. 
(31 Institutions desirous of being accredited should apply to the competent authority 
in the proforma prescribed with an application fees as per norms of this Act and rules 
made thereunder. 
(4) The competent authority will grant accreditation after conducting inspections 
and evaluation visits of the institution on the basis of this Act and rules made 
thereunder and on payment of prescribed fee. 
22. (1) Every person who desires to have his name registered in the register shall 
submit to the Registrar an application in the prescribed form stating— 
(i) particulars of his qualification; 
(ii) the period for which he has been in practice; 
(iii) his date of birth to verify the attainment at minimum age-limit; and 
(iv) his address which is to be his registered address. 
(2) Every application under sub-section (1) shall be accompanied with the prescribed 
fee, such proof as may be necessary in support of the qualification stated in the 
application and proof of age wherever the minimum age-limit is prescribed. 
23. (1) The Council may, on being satisfied that a person possesses requisite 
qualification, has paid the prescribed fee and has attained the minimum age-limit 
prescribed wherever necessary, direct the registration of his name 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 of, or direct the removal 
from the register, the name of any person on the following grounds:— 
(a) who has been convicted of any offence involving moral turpitude; or, 
(b) who has been convicted in any cognizable criminal offence; or, 
(c) who has been after due enquiry by the Council found guilty of any 
`misconduct' by a majority of at least two-thirds of the members of the 
Council: 
Provided that the Council may direct the name of the Practitioner— 
(i) to be removed from the register for such period as may be specified 
in the direction, or 
(ii) to be removed from the register without specifying the period of 
such removal. 
Renewal. 	 24. (1) Every person whose name is entered in the register shall, for the retention 
of his name in the register, pay to the Council for every 5 years such renewal fee and 
at such time as may be prescribed. 
(2) Where the renewal fee is not paid by the due date, the Registrar shall remove 
the name of the defaulter from register. 
(3) On payment of the renewal fee, the Registrar shall, in the prescribed manner, 
endorse the certificate of registration. 
PART III] 	
THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 10, 2010 	 9 
The West Bengal Yoga and Naturopathic System 
of Medicine Act, 2010. 
(Sections 25-32.) 
Entry of addtional 
qualification. 
Appeal to the 
Council against 
decision of the 
Registrar. 
Cancellation of 
fraudulent and 
incorrect entries. 
Appeal to the 
State Government 
against the 
decision of the 
Council. 
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 
unauthorized 
conferment of 
degree, diploma, 
etc. and penalty 
for such 
conferment. 
25. If any person whose name is entered in the register obtains any qualification 
mentioned in the Schedule appended to this Act other than the qualification in respect 
of which he has been registered, he shall, on payment of such fee as may be prescribed, 
be entitled to have such qualification entered against his name in the register either 
in substitution for or in addition to any entry previously made and the Registrar shall 
add to or amend the entry accordingly. 
26. If any person is dissatisfied with any decision of the Registrar refusing to enter 
his qualification under section 25 in the register, he may, at any time, within ninety 
days from the date of such decision, appeal to the Council in the prescribed manner 
and the decision of the Council shall be final. 
27. Any entry in the register, which is proved to the satisfaction of the Council 
to have been fraudulently or incorrectly made, may be cancelled under an order in 
writing of the Council. 
28. An appeal shall lie to the State Government against any 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 ninety days of the date of order, and the decision of the State 
Government thereon shall be final: 
Provided that the State Government shall dispose of the appeal within a period 
of six months from the date of filing it. 
29. 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 Registrar 
shall cancel the entry relating to such person. 
30. 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 person is actually deceived by such 
representation or not, be punishable, on conviction by a Metropolitan Magistrate or 
a Magistrate of the First Class having jurisdiction, with imprisonment which may 
extend to six months or with fine which may extend to three thousand rupees or both. 
31. (1) If any person, whose name has been removed from the register under sub-
section (2) of section 23, fails, without sufficient cause, forthwith to surrender his 
certificate of registration, he shall be punishable with fine which may extend to three 
thousand rupees. 
(2) No cognizance of an offence punishable under this section shall be taken 
except upon complaint made by an order of the Council. 
32. (1) Except the Council, no person, association or institution, not recognized 
by the Council, shall confer, grant or issue, or hold himself or itself or shall be entitled 
to confer, grant or issue, any degree, diploma, license, certificate or any other document 
stating or implying that the holder, grantee or recipient thereof is qualified to practice 
the Yoga and Naturopathy System of Medicine. 
(2) Any contravention of the provisions of sub-section (1) shall be punishable with 
imprisonment which may extend to two years or with fine which may extend to five 
thousand rupees or with both; and if any association or institution is guilty of such 
contravention, every member thereof, who knowingly or wilfully authorizes or permits 
the contravention, shall be punishable with imprisonment which may extend to two 
years or with fine which may extend to five thousand rupees or with both. 
10 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 10, 2010 	 [PART III 
The West Bengal Yoga and Naturopathic System 
of Medicine Act, 2010. 
(Sections 33-37.) 
Penalty for 
improper 
assumption of 
Yoga and 
Naturopathy 
qualifications. 
Publication and 
use of registration 
list. 
Bar of suit or 
other legal 
proceedings. 
33. (1) No person shall use any letters or figures after his name or implying that 
he possesses any degree, diploma, license, or certificate as an Yoga and Naturopathic 
practitioner unless such degree, diploma, license or certificate has been conferred by 
a recognized or affiliated institution of the Council, or is recognized by it with the 
approval of the State Government. 
(2) Whosoever contravenes the provisions of sub-section (1) shall be punishable, 
on first conviction, with fine which may extend to one thousand rupees, and on any 
subsequent conviction, with fine which may extend to two thousand rupees. 
34. (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 
and setting forth therein— 
(a) names of all registered Yoga and Nuturopathic practitioners arranged in 
alphabetical order according to surname; 
(b) the registered address of each such person; 
(c) the registered qualifications of each such person and the date on which 
each qualification was obtained; and 
(d) the date of birth of each such person. 
(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 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 the 
evidence that such a person is registered under this Act. 
35. Except with the special sanction of the State Government, no Yoga and 
Naturopathic practitioner, other than a registered Yoga and Naturopathic practitioner 
whose name is entered in the register, shall be competent to hold any appointment 
as a Medical Officer or Teacher in any Yoga and Naturopathy hospital, asylum, 
infirmary, dispensary set up under any law for the time being in force or in any Yoga 
and Naturopathic educational institution which is recognized by the Council. 
36. 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 and sale of Yoga and Naturopathic instruments and its modern 
advances by the grant of licenses to manufactures, stockists and sellers on such 
conditions as may be prescribed. 
37. 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 to be exercised 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. 
Yoga and 
Naturopathic 
practitioners, 
other than those 
registered under 
this Act, not 
eligible for certain 
appointments. 
Control of 
manufacture, 
storage and sale of 
Yoga and 
Naturopathy 
instruments. 
PART III] 	
THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 10, 2010 	 11 
The West Bengal Yoga and Naturopathic System 
of Medicine Act, 2010. 
(Sections 38-41.) 
Validation. 
Finance and audit. 
38. 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 other 
committee. 
39. (1) All fees payable under this Act shall be paid to the Council. 
(2) An account of all assets and liabilities of the Council and of all fees, sums, 
grants, donations, gifts and endowments received by it and of all expenses and 
disbursements incurred or made by it shall be maintained in the prescribed manner. 
(3) The account shall be audited annually by such officer of Government as may 
be deputed in this behalf by the State Government and the report of such audit shall 
be sent to the State Government and the Council by such officer. 
40. The State Government may, by notification published in the Official Gazette, 
amend the Schedule appended to this Act. 
41. (1) The State Government may, by notification published in the Official 
Gazette, 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, namely:— 
(a) the election of members of the Council and members of the Executive 
Committee; 
(b) the functions to be performed by the President and the Vice-President; 
(c) the declaration of offences including moral turpitude and misconduct; 
(d) the fees payable under this Act; 
(e) the expenses to be made under section 16; 
(f) the salaries and allowances to be paid to the Registrar, the officers and 
staff; 
the procedure for applying for different classes of registrations and granting 
registrations thereof; 
(h) the procedure for affiliation and accreditation to the Yoga and Naturopathic 
Colleges and Hospitals; 
the course prescribed for Bachelor of Naturopathy and Yogic Sciences 
Degree; 
(j) the manner in which the account referred to in sub-section (2) of section 
39 shall be maintained; 
(k) the procedure to be followed by the Council in— 
(i) conducting an enquiry under clause (c) of sub-section (2) of 
section 23; 
(ii) disposing of appeals from the decision of the Registrar preferred 
under section 26; 
(1) the procedure for disposal of appeal made to the State Government under 
section 28; 
any other matter which may be or is required to be, prescribed under this 
Act. 
(3) Every rule made under this section shall be laid, as soon as may be after it 
is made, before the State Legislature, while it is in session as may be after it is made, 
before the State Legislature, while it is in session, for a total period of fourteen 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 
Power to amend 
Schedule. 
Power to make 
rules. 
(g) 
(i) 
(m) 
12 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 10, 2010 	 [PART III 
The West Bengal Yoga and Naturopathic System 
of Medicine Act, 2010. 
(Sections 42, 43.—The Schedule.) 
Power to make 
regulations. 
Control on 
Council by State 
Government. 
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 
vailidity of anything previously done under that rule. 
42. (1) The Council may, with the previous approval of the State Government, 
by notification published in the Official Gazette, make regulations, not inconsistent 
with the provisions of this Act and the rules made thereunder for discharging its 
functions under this Act. 
(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:— 
(a) the conduct of business of the Executive Committee and of Committee 
appointed by the Council; 
(b) the time and place at which each meeting of the Council or Executive 
Committee shall be held; 
(c) the issue of notices convening such meeting; 
(d) the conduct of business thereat; 
(e) any matter for which power to make regulations is conferred expressly 
or by implication on the Council by this Act. 
43. If, at any time, it appears to the State Government that the Council has failed 
to exercise or abused a power conferred upon it by or under this Act or has failed 
to perform a duty imposed upon it 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 opportunity 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 powes and duties of the Council to 
be exercised and performed by such other agency and for such period as it may 
think fit. 
THE SCHEDULE 
(See section 25) 
Qualifications enabling a person to have his name entered in the Register 
PART A 
Serial 
No. 
Description of the Qualifications. Name of the managing body or 
authority granting or conferring 
the qualifications and its location. 
   
1. (i) BNYS (Bachelor of Naturopathy 
and Yogic Sciences) 5 years or 
52 years course 
(ii) ND (Diploma in Naturopathy) 4 
years or 44- years course 
2. MNYS (Master of Naturopathy and 
Yogic Sciences)-3 years course 
From the West Bengal University 
of Health Sciences, Kolkata or any 
University set up by a statute in 
India. 
Awarded by the Government of 
Andhra Pradesh or the Osmania 
University, Hyderabad, Andhra 
Pradesh. 
Awarded by any University of 
India including the West Bengal 
University of Health Sciences, 
Kolkata. 
PART III] 	
THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 10, 2010 	 13 
The West Bengal Yoga and Naturopathic System 
of Medicine Act, 2010. 
(The Schedule.) 
PART B 
Every person possessing any qualification not mentioned in Part A on the basis 
of which his name has been registered in the Yoga and Naturopathic Board or Council 
established by any State Government within the Indian Union. 
By order of the Governor, 
MITA BASU ROY, 
Pr. Secy. to the Govt. of West Bengal, 
Law Department. 
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd. 
(Government of West Bengal Enterprise), Kolkata 700 056 

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