The Arunachal Pradesh Indian Medicine Council Act, 2013

(1) ThisAct may be called theArunachal Pradesh $ate lndian Medicine CouncilAct, 2013. (2) lt extends to the whole of State of Arunachal Pradesh. (3) lt shall come into force on such date, as the State Government may by notification, in the Official Gazette, appoint.

(1) ln thisAct, unless the context otherwise requires,- (a) "Bo.rd" means "a Board' constituted by the Council under this Act or as may be prescribed by rules from tirne to time , (b) "College" means an lndian Medicine Medical College established by law and affiliated to any University and recognazed by Central Council of lndian Medicine , (c) "Expert" means an expert person in the field of lndian Medicine appointed byhe sate Council , (d) "Cio/emment' means he Go/emment ofArunachal Pradesh ; (e) lndian Medicine means the system of lndian Medicine commonly known as ASTHANGA, AYURVEDA SIODHA, and UNANI TIBB whether by supplemented or not by such modem advances as Central Council may declare by notrfication from time to time , (0 "Member'means a member of the State Counci I , (g) "Practitionef 'means a person who practices hdian medicineand is enrdbd in gde Regisler; (h) "Prescribed" means prescribed by regulatjons or rules; (i) "President' m€ans a President of the State Council , 0) "Recognized Medical Qualification" means any of the Medical qualification in lndian Medicine included in the Section Third and Fourth Schedule of lndian Medicine Gentral Council 4c1,1970 ; (k) "Registed'means the register maintained bythe Councilof lndian Medicine, Arunachal Pradesh under the provisions of this Act, in respect of practitioners ; (l) 'Registrar" means lhe Registrar of the State Council appointed under section 5 of this Act , (m) "Regulation" means the regulations made under this Act ; (n) "Rules" means rules made under section l5 of this Act ; (o) 'Slate" means State ofArunachal Pradesh ; (p) 'State Council" means the Councrl of lndian Medicine, Arunachal Pradesh constituted under section 3; (q) "University" means any University in lndia established by law.

(1) The Govemment shall, by notiFrcation in the Official Gazette, constitute the First State Council consisting of the following members, namely,- (a) The Sfate Government shall nominate for the lirst three years, a seniormostAPsTAyurvedic Medical Officer of Arunachal Pradesh Health Services as Secretary ; (b) The Director ot Health Services, Government of Arunachal Pradesh shall be the President and DDDHS (AYUSH) nominated by the Govemment shall be the Vrc€- President of the first St€te Council : (c) One nominee of Government of lndia, Ministry of Health and Family Welfare, possessang recognized required Medical qualification and having at least twenty years professional experience as Member ; (d) The term of ttle first State Council shall be for three years from the date of notification; (e) The President shall inform the State Government six months before the expiry of the term of the first Counci! to enable the Govemmentto consttute the next State Council in accordance with the provisions undersection 4.

(1) Before the expiry of three years of constitution of first nominated State Council, the Slate Govemment shall by notification in the Official Gazette, reconstitute for the purposes of this Act a State Councilwith the following members :- (a) Such number of members not exceeding two, who possess recognized medical qualification and are enrolled on Sate Registe( to be elected from among themselves by persons enrolled on State Register. (b) One person possessing recognized medical qualification and enrolled on State Regis- ter shall be nominated by State Government. (c) The DDHS (AYUSH)or lnchargeAyush of the Slate Govemment shall be the fourth member (d) The Director of Health Services of State Government shall be the fifth member. (2) The President of the reconstituted SEte Council be one among the five members elected or nominated undersub- section (4) ofthis section as may be determined by the State Government. (3) Members of the reconstituted State Council shall elect the Vice-President amongst them-selves in such manner as may be prescribed. (4) The term of the President, Vice-President and members of the State Council either by election or nomination shall be five years from the date of notification in the Official Gazette or until successors names shall have been duly elected or nominated whichever is latter (5) No person shall at the same time serve as a member in more than one capacity. (6) The outgoing membershallbe eligiblefor re-election or for re- nomination, but a person who holds, or who has held office as President or Vice- President of State Council, shall be eligible for re-nomination/re- election as the case may be, to, that office, but only once. (7) Unless othen ise prescribed, 50% of the total number ofthe State Councilshallform a quorum and all the acts of the State Council shall be decided by majority of the members present and voting. (8) A casual vacancy, previous to the expiry of the term in the State Council due to the death, resignation of any member shall be filted by the way of nomination or eiection by the State Government for remaining term accordingly as may be prescribed. (9) The State Council shall meet at least once in three months of every year at its office at such time.as may be appointed by the Council. (10) The office of the State Council shall be situated at ltanagar or at a place in Arunachal Pradesh notified by the State Government.

(1) A Registrar who shall act as a Secretary of Council and such other person as deemed neces- sary shallbe appointed by the State Council, The salary, pay and other allowances and other service conditions of the Registrar and other employees of the State Council shall be such as may be prescribed by the State Councilwith the previous approvalof State Government. (2) The State Council shall fix the remuneration and allowances to be paid to its President, Vice-President and members with the previous sanction of State Govemment.

The State Council shallreceive 100% financialgrant from the State Government to meet its expenses on pay and allowances and other service benefits of its Registrar and other employees and also for meeting the accommodation , Stationary, Equip-ment, travelling / dearness allowance and other allowances, expenses, and the State Council's account shall be audited annually through the Sitate Government authorities or a Chartered Accountant.

No act, proceeding or the State Council of any committee thereof shall be called in question on thd ground merely of the existence of any vacancy, or any defect in the Constitution of the State Council.

(1) Subject to the other provisions of this Act and subject to orders of the Slate Council, it shall be the duty of Registrar to keep and maintain the State Register (2) Every person who holds any of the medrcal qualifications included in the schedule to the lndian Medicine CouncilAct,1970, may apply to the Registrar giving a correct description of his/ her qualification with the dates on which they are granted, and present his/her degree, diploma or license along with such fee as may be prescribed for being registered under this Ac1. The Registrar shall, if satisfied that the applicant is entitled to be registered, enter his/her name in the Register. (a) The Register shall be kept in such form as may be prescribed by the $ate Council and in such other manner as may be prescribed. It shall contain the name, address and qualifications of every rerilistered practitioner togetherwith the dates on which such qualm- cation were acquired. (b) The State Register shall contain the names of persons possessing recognized medical qualificationj. (c) The Registrar shall send three printed copies ofthe State Register to the Cenfal Council after the first day of April of every calendar yeai and also inform the Central Council without any delay of all additions together with all other amendments, in the State Register made from time to time. (d) The State Councilshall adopt the standards of professional conduct for the implemen{ation in the State. (e) Any practitioner who commits professional misconduct shall be punished by the State Council in a manner as may be prescribed.

(1) The State Council shall consider all applications as may be received bythe Registrar from persons holding medical qualifications for Registrations with State Council in the manner as may be prescribed. (2) The Registrar of State Council, shall award provisional registration to lhe students of either the Government or Private Medical Colleges in the Srtate for undertaking clmpulsory intemship training after passing final examination in the manneras may be prescribed.

(1) No person, other than a practitioner of lndian medicine who possesses a recognized medical qualification is enrolled on the Sate Register : (a) shall hold office as lndbn Medicine Physbian in Govemment or in any instituton maintained by local or other authority for treating the patients in lndian Medicine orbradministrat on purposes. (b) shall be entitled to sign or authenticate medical or fltness certificate or any other certificate required by any law to be signed or authenticated by a duly qualified medical practitioner. (c) shall practice lndian Medicine in the State. (d) shall be entitled to give any evidence at any request or in any court of law as an expert under section 45 ot the lndian EvidenceAct, 1872 on any maf€r relating to lndian Medicine.

(1) The Sate Council shall furnish such reports, copies of its minutes, abstracts and informations to the Sate Government as the Government may require. (2) The SaE Govemment may publish in such manner as it may deem flt, any report and copy, abslract or other information furnished to it under this section.

For the purpose ofadvising the Council on questions of law arising, the State Council shall appoint any advocate for the purpose with the approval of the Govemment.

No suit, prosecution or other proceeding shall lie against the State Government, the State, and the State Council or any officer or servant ofthe State Govemment or of the S:tate Council for anything which is in good faith done or intended to be done under this Act. Whenever it appears to the State Government that the Srtate Council is not complying with any ot the provisions of this Act; the State Govemment may appoint a Commission df enquiry consisting of three persons, two ofwhom may be appointed by the State Government and out of the sald two, one being first class Magistrate serving in the State and the third one by the State Council, and shall submit to the State Government of the flndings of enquiry. (2) The State Government on the basis of report of such Commission shall direct the Slate Council to take suitable actions or remedial steps as may be deemed neessary.

Whenever it appears to the State Government that the Srtate Council is not complying with any ot the provisions of thisAct; the State Govemment may appoint a Commission df enquiry consisting of three persons, two ofwhom may be appointed by the State Government andoutof the sald two, one being first class Magistrate serving in the State and the third one by the State Council, and shall submit to the State Government of the flndings of enquiry The Stiate Council may with the previous sanction of the State Government make rules by notification in the Official Gazette to carry out the purposes of this Act; and without prejudice to the generality of this power such rules may provide for all or any of the following matters :- (a) Election of the Vice-President of the State Council ; (b) Management of the property of the S'tate Council and the maintenance and audit of its account ; (c) Powers and duties of the President and Vice-President. (d) Resignation of members of State Council ; (e) SummonirE and holding of the rneetirEs of the Stde Council ; (f) For the conduct of business of State Council ; (g) The tenure of office and the powers and duiies of the Regisfar and other officers of the $ate councal ; (h) The particulars to be sEted and the proof of the qualiflcations and the format of applications for registration under this Act ; (i) The fees to be paid on applications lor registration of provisional regulatrons and ; (j) Any other matter for carrying out the provisions of this Act.

Every rule made under this section shall be laid as soon as may be after it is made, before the State Legislative Assembly while it is in session.

The State Council as and when necessary, shall invite an expert in the field for seeking necessary guidance and such an expert shall be paid remuneralion, traveling and dearness allowances by the State Council.

(1) A society ora Trust lawfully registered under the relevant laws of the S-tate Govemment or the Central Govemment may establish Indian Medicine Medical Colleges and lnstitutes that conduct Teaching and Research works duly recognized by the Central Council after obtaining previous permission from the State Government. (2) The Colleges so established shall be affiliated to such Universities as may be recognized by the University Grants Commission and the State Govemment. (3) The Stiate Government may, in the similar manner mentioned in sub-section (1) and (2) establish lndian Medicine Medical colleges.

(1) lf any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, not inconsistent with the provisions of thrs Act, remove such difficulty ; (2) However, order made under this section shall be laid, as soon as may be, after it is made before the State Legislative Assembly.