The Andhra Pradesh (Andhra Area) Ayurvedic and Homeopathic Medical Practitioners Registration Act, 1956

Short title, extent and commencement

1. (1) This Act may be called the Andhra Pradesh (Andhra Area) Ayurvedic and Homeopathic Medical Practitioners Registration Act, 1956.
2. (2) It extends to the whole of the Andhra area of the State of Andhra Pradesh.
3. (3) This Act shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint.

Definitions In this Act, unless the context otherwise requires,—

1. (a) "Board" means the Board of Indian Medicine or the Board of Homeopathy, as the case may be, constituted under this Act;
2. (b) "Government" means the State Government;
3. (c) "Medical Practitioner" means a person who practices the Ayurvedic or Homeopathic system of medicine;
4. (d) "Prescribed" means prescribed by rules made under this Act;
5. (e) "Register" means the register of medical practitioners maintained under this Act;
6. (f) "Registered practitioner" means a medical practitioner whose name is for the time being entered in the register;
7. (g) "Registrar" means the Registrar appointed under this Act.

Constitution of the Board.—(1) The State Government shall, by notification, constitute a Board for the purposes of this Act, to be called "The Andhra Pradesh Ayurvedic and Homeopathic Medical Board".

1. (2) The Board shall consist of the following members, namely:—
   • (a) a President to be nominated by the State Government; (b)
     • (i) four members from among the medical practitioners of the Ayurvedic system elected in the prescribed manner by the medical practitioners of that system registered under this Act;
     • (ii) four members from among the medical practitioners of the Homeopathic system elected in the prescribed manner by the medical practitioners of that system registered under this Act;
   • (c) two members to be nominated by the State Government.

Term of office of members.—(1) Save as otherwise provided in this Act, the term of office of the members of the Board shall be five years from the date of the notification constituting or reconstituting the Board: Provided that the members of the Board shall continue in office until the constitution or reconstitution of a new Board.

1. (2) Subject to the provisions of this Act, a member of the Board shall be eligible for re-nomination or re-election.

Filling of vacancies.—

1. (1) Any casual vacancy in the office of a member of the Board due to death, resignation or otherwise shall be filled by nomination or election, as the case may be, in accordance with the provisions of this Act.
2. (2) The person nominated or elected to fill such vacancy shall hold office only for the remainder of the term for which the member whose place he takes was nominated or elected.

Resignation of member.—

Removal of member Removal of member.—(1) The State Government may, by notification, remove from office any member of the Board, who—

1. (a) has been, or is, adjudged an insolvent;
2. (b) has been convicted of an offence involving moral turpitude;
3. (c) is of unsound mind and stands so declared by a competent court;
4. (d) is a deaf-mute or is suffering from any other physical or mental infirmity;
5. (e) has absented himself from three consecutive meetings of the Board without the permission of the Board; or
6. (f) has become, or has been, disqualified for any reason under the rules made under this Act.

1. (2) No order of removal shall be made under sub-section
2. (1) until the member concerned has been given a reasonable opportunity of showing cause against such removal.

Appointment of President and Vice-President.—(1) The President and the Vice-President of the Board shall be appointed by the State Government from among the members of the Board.

1. (2) The President and the Vice-President shall hold office for the term of the Board unless they cease to be members earlier.
2. (3) The President or the Vice-President may resign his office by notice in writing to the State Government and his resignation shall take effect from the date on which it is accepted by the State Government.
3. (4) Casual vacancies in the office of the President or the Vice-President shall be filled by the State Government by appointment from among the members of the Board, and the person so appointed shall hold office for the remainder of the term of his predecessor.

Time and place of meeting of the Board:

1. (1) The Board shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at meetings) as may be prescribed: Provided that the Board shall meet at least twice in every year.
2. (2) The President may, wherever he thinks fit, and shall, upon a written request of not less than three members, call a special meeting of the Board.
3. (3) Every meeting of the Board shall be presided over by the President and in his absence by a member chosen by the members present at the meeting to preside for the occasion.
4. (4) All questions at a meeting of the Board shall be decided by the votes of the majority of the members present and voting.
5. (5) The names of the members present and the votes taken at a meeting shall be recorded in the minute book.

Procedure at meetings of the Board.—(1) The Board shall meet at such time and place and shall, subject to the provisions of sub-section (2), make such arrangements with respect to the day and hour of the meeting and with respect to notice and other matters as the Board may think fit:

Provided that the first meeting of the Board shall be held at such time and place as may be appointed by the Government.

(2)

1. (a) The President may, whenever he thinks fit, and shall, upon the written request of not less than three members, call a special meeting.
2. (b) Three members of the Board shall form a quorum.
3. (c) Every meeting shall be presided over by the President, and in his absence, by such member as may be chosen by the meeting to preside for the occasion.
4. (d) All questions at a meeting of the Board shall be decided by the votes of the majority of the members present and voting.
5. (e) The President or the person presiding shall have a second or casting vote in all cases of equality of votes.

Validity of proceedings.—

1. (1) No act or proceeding of the Board or any committee thereof shall be deemed to be invalid by reason only of a defect in the constitution of the Board or such committee or on the ground that the President or any member of the Board or such committee did not duly vacate his office or was disqualified to be a member or by reason of such act or proceeding having been done or taken during the period of any vacancy in the office of the President or any member of the Board or such committee.
2. (2) No disqualification of or defect in the election or nomination of any person acting as a member of the Board or any committee as aforesaid shall be deemed to vitiate any act or proceeding of the Board or such committee in which the person has taken part.

Registrar, officers and servants of the Board.—

1. (1) The Board shall, with the previous approval of the Government, appoint a Registrar.
2. (2) The Registrar shall receive such salary and allowances and be subject to such conditions of service as may be prescribed.
3. (3) The Board may appoint such other officers and servants as it may consider necessary for the purposes of this Act: Provided that the number and designations of such officers and servants and their salaries and allowances shall be subject to the previous approval of the Government.
4. (4) The Registrar and all other officers and servants appointed under this section shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act XLV of 1860).

Maintenance of registers. —

1. (1) The Registrar shall maintain registers of Ayurvedic medical practitioners and Homeopathic medical practitioners in such form and in such manner as may be prescribed.
2. (2) Each register shall contain the following particulars in respect of every person registered therein—
   • (a) his full name and residential address;
   • (b) the date of his first registration;
   • (c) his qualifications;
   • (d) such other particulars as may be prescribed.

Registration of practitioners. —

1. (1) Every person who possesses any of the qualifications mentioned in the Schedule shall, on application made to the Registrar and on payment of such fee as may be prescribed, be entitled to be registered in the appropriate register.
2. (2) Every application for registration shall be made in the prescribed form and shall be accompanied by such documents as may be prescribed.

Removal from register.—

1. (1) The Board may, if it thinks fit, inquire into and remove from the register the name of any practitioner—
   • (a) who is convicted of any such offence as implies in the opinion of the Board, such a defect of character as would render him unfit to be a medical practitioner; or
   • (b) who has been found guilty of infamous conduct in any professional respect by the Board after an inquiry held by it in accordance with such regulations as may be made by the Board; or
   • (c) whose name has been entered in the register by error or on account of misrepresentation or suppression of a material fact: Provided that no name shall be removed under clause
   • (a) or
   • (b) unless the practitioner concerned has been given a reasonable opportunity of being heard.
2. (2) Any name removed under sub-section
3. (1) may, on the recommendation of the Board, be restored to the register on such conditions as may be imposed by the Board.

Appeals.—

1. (1) Any person aggrieved by an order of the Board refusing to register his name or directing the removal of his name from the register may, within thirty days from the communication of such order, prefer an appeal to the Government.
2. (2) The Government shall, on such appeal, pass such orders as they deem fit, and their decision shall be final.

Preparation of list of practitioners.

1. (1) As soon as may be after the commencement of this Act, the Registrar shall prepare and maintain a list of persons who are not qualified to be registered under this Act but who have been practising the Ayurvedic or the Homoeopathic system of medicine in the Andhra area for a period of not less than five years immediately preceding the commencement of this Act.
2. (2) Every person who desires to have his name included in the list shall make an application to the Registrar in the prescribed form and shall pay the prescribed fee.
3. (3) The provisions of sections 10, 11, 12, 13, 14, 15 and 16 shall, so far as may be, apply in relation to the list and the persons whose names are included therein as they apply in relation to the register and the practitioners registered under this Act.

Persons not to practice.

1. (1) No person other than a practitioner registered under this Act or a person whose name is included in the list prepared under section 17 shall practice the Ayurvedic or the Homoeopathic system of medicine.
2. (2) Any person who contravenes the provisions of sub-section
3. (1) shall be punished with fine which may extend to two hundred rupees.

Penalty for wrongful registration.—Any person who wilfully procures or attempts to procure himself to be registered under this Act by making or producing or causing to be made or produced any false or fraudulent representation or declaration, either verbally or in writing, and any person who assists him therein, shall be liable to be punished with fine which may extend to five hundred rupees.

Penalty for pretending to be a registered practitioner.—Any person who not being a practitioner registered under this Act—

1. (a) falsely pretends to be registered under this Act, or
2. (b) uses in connection with his name or title any words or letters representing that he is so registered, shall, whether any person is actually deceived by such pretence or representation or not, be liable to be punished with fine which may extend to five hundred rupees.

Cognizance of offences. -

1. (1) No court shall take cognizance of any offence punishable under this Act except upon complaint made by the Registrar or any person authorised by the Board in this behalf.
2. (2) No court inferior to that of a Magistrate of the second class shall try any offence punishable under this Act.

Board to be subject to control of Government. -

Power to make rules Power to make rules.—

1. (1) The State Government may, by notification in the Andhra Pradesh Gazette, make rules to carry out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for—
   • (a) the sitting and conduct of business of the Board;
   • (b) the allowances and traveling expenses to be paid to the members of the Board;
   • (c) the procedure to be followed by the Board in the conduct of inquiries;
   • (d) the maintenance of the Register;
   • (e) the fees to be charged for registration and for copies of the Register;
   • (f) the form of the application for registration;
   • (g) the guidance of the Board in the discharge of their functions under this Act.
3. (3) All rules made under this Act shall, as soon as may be after they are made, be laid on the table of the Legislative Assembly for fourteen days and shall be subject to such modifications, whether by way of repeal or amendment, as the Legislative Assembly may make during the session in which they are so laid.

Repeal and savings.—

1. (1) The Madras Medical Registration Act, 1914 (Madras Act IV of 1914), and any other law corresponding thereto in force in the territories specified in the First Schedule to the Andhra State Act, 1953 (Central Act 30 of 1953), are hereby repealed to the extent to which they relate to Ayurvedic or Homeopathic practitioners.
2. (2) Notwithstanding such repeal, anything done or any action taken under the said Acts in respect of Ayurvedic or Homeopathic practitioners shall be deemed to have been done or taken under the corresponding provisions of this Act.
3. (3) The rules made under the said Acts so repealed shall, in so far as they relate to matters provided for in this Act, continue in force until they are superseded by rules made under this Act.

(See Section 34) Repeal and savings 1. The Madras Registration of Practitioners of Integrated Medicine Act, 1956 (Madras Act XXVII of 1956), in its application to the territories specified in the First Schedule to the Andhra State Act, 1953 (Central Act 30 of 1953), is hereby repealed. 2. Notwithstanding the repeal of the said Act: (a) all rules, bye-laws, regulations, notifications, orders, appointments, or forms made or issued under the Act so repealed and in force at the commencement of this Act shall, so far as they are not inconsistent with this Act, continue in force and be deemed to have been made or issued under this Act until they are superseded by rules, bye-laws, regulations, notifications, orders, appointments, or forms made or issued under this Act; (b) the Board of Indian Medicine constituted under the Act so repealed and functioning immediately before the commencement of this Act shall be deemed to be the Board constituted under this Act and be subject to the provisions of this Act; (c) all suits, prosecutions, and other legal proceedings instituted or which might have been instituted for any act or thing done under the Act so repealed may be continued or instituted as if this Act had not been passed.