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The Maharashtra Acupuncture System of Therapy Act, 2015

Chapter III POWERS, FUNCTIONS AND DUTIES OF THE COUNCIL

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Chapter III POWERS, FUNCTIONS AND DUTIES OF THE COUNCIL

15. Powers, functions and duties of Council.

Statutory text
  1. (1) Subject to the conditions as may be prescribed by or under the provisions of this Act, the powers, functions and duties of the Council shall be,-
    • (a) to maintain the register of Acupuncture practitioners and Acupuncture personnel under this Act ;
    • (b) to hear and decide appeals from any decision of the Registrar ;
    • (c) to prescribe a code of ethics for regulating the professional conduct of Acupuncture practitioners and Acupuncture personnel ;
    • (d) to regulate the conditions for grant of permission to establish an Acupuncture institution and to start a new course of study or training leading to the award of any recognized qualification by the Council, or to increase the intake capacity of such a course ;
    • (e) to grant or refuse permission to establish an Acupuncture institution, start a new course of study and training leading to the award of any recognized qualification by the Council, or increase the intake capacity of such a course ;
    • (f) to regulate the conditions for grant of affiliation to Acupuncture institutions ;
    • (g) to grant or refuse affiliation to Acupuncture institutions or to withdraw such recognition, after affording the authority of the institution a reasonable opportunity of being heard ;
    • (h) to regulate the conditions for grant of recognition of qualifications in Acupuncture and of research institutions ;
      • (i) to grant or refuse recognition to research institutions and qualifications in Acupuncture or to withdraw such recognition, after affording the authority of the institution a reasonable opportunity of being heard ;
    • (j) to provide for the inspection of affiliated and recognized institutions ;
    • (k) to reprimand a registered or an enlisted Acupuncture practitioner or Acupuncture personnel, or to suspend or remove him from the register or to take such other disciplinary action against him as may, in the opinion of the Council, be necessary or expedient ;
    • (l) 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 ;
    • (m) to prescribe by regulations the courses of study and training in Acupuncture system of therapy, not inconsistent with the recommendations of the World Health Organization issued in that behalf, leading to the award of Diploma or Certificate by the Council ;
    • (n) to prescribe by regulations the scheme and syllabus, not inconsistent with the recommendations of the World Health Organization issued in that behalf, of the Eligibility Test held or caused to be held by the Council for the purpose of registration of Acupuncture practitioners and Acupuncture personnel ;
    • (o) to hold examinations for the students of affiliated institutions and to make all necessary arrangements for such examinations ;
    • (p) to exercise general supervision and control over the institutions affiliated to the Council and give such institutions such directions as may be necessary and expedient in the opinion of the Council ;
    • (q) to appoint, on such terms as the Council may determine, such number of Inspectors for the inspection of institutions teaching the Acupuncture system of therapy as the Council may deem fit ;
    • (r) to advise the State Government in matters of research in Acupuncture ;
    • (s) to exercise such other powers, perform such other functions and discharge such other duties as laid down in this Act or as may be prescribed or as the State Government may direct, by a general or special order published in the Official Gazette, in furtherance of the objectives of this Act ;
    • (t) to confer honorary Diplomas on such persons as those who, in the opinion of the Council, are Acupuncture practitioners of repute ;
    • (u) to receive donations and to determine the conditions of acceptance of donations.
  2. (2) The Council may conduct Certificate and Diploma courses of study and training in Acupuncture.

Chapter III POWERS, FUNCTIONS AND DUTIES OF THE COUNCIL

16. Permission for establishment of new institutions, new course of study, etc.

Statutory text
  1. (1) Notwithstanding anything contained in this Act or any other law for the time being in force, with effect from such date as may be notified by the State Government,-
    • (a) no person shall establish an Acupuncture institution; or
    • (b) no Acupuncture institution shall,-
      • (i) open a course of study or training leading to the award of any recognized qualification by the Council; or
      • (ii) increase its admission capacity in any course of study or training; except with the previous permission of the Council obtained in accordance with the provisions of this Act.
  2. (2) The Council shall, as soon as may be, after the commencement of this Act, by regulations prescribe the procedure for applying for obtaining permission, affiliation and recognition of the Council and also for grant of such permission, affiliation and recognition or refusal thereto. Explanation.-For the purposes of this section "person" shall include any University or trust or society or an institution but shall not include the State Government or Central Government or the Council.

Chapter III POWERS, FUNCTIONS AND DUTIES OF THE COUNCIL

17. Non-recognition of qualification in certain cases.

Statutory text
  1. (1) Where after the coming into force of this Act, any Acupuncture institution is established without obtaining the previous permission of the Council in the prescribed manner, no qualification in Acupuncture granted to any student of such institution shall be a recognized Acupuncture qualification for the purposes of this Act.
  2. (2) Where any Acupuncture institution opens a new course of study or training without the previous permission of the Council obtained in the prescribed manner, then no qualification granted to any student of such institution on the basis of such study or training shall be a recognized qualification in Acupuncture for the purposes of this Act.
  3. (3) Where any Acupuncture institution increases its admission capacity in any course of study or training without the previous permission of the Council obtained in the prescribed manner, then no Acupuncture qualification granted to any student of such institution on the basis of the increase in its admission capacity shall be a recognized qualification in Acupuncture for the purpose of this Act. Explanation.-For the purposes of this section, the criteria for identifying a student who has been granted an Acupuncture qualification on the basis of such unauthorized increase in the admission capacity shall be such as may be prescribed.

Chapter III POWERS, FUNCTIONS AND DUTIES OF THE COUNCIL

18. Time for seeking permission for certain existing Acupuncture institutions.

Statutory text
  1. (1) Any person, who has established an Acupuncture institution before the date of coming into force of this Act, shall seek, within such period as the Government may, by notification in the Official Gazette, specify, the permission of the Council in the prescribed manner.
  2. (2) If such person fails to seek the permission under sub-section (1), the provisions of section 17 shall apply, so far as may be, as if, permission of the Council under section 16 has been refused.

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