Chapter VI MISCELLANEOUS

1. (1) No Acupuncture practitioner, other than a registered Acupuncture practitioner whose name is entered in Parts A and B of the Register, shall be competent to hold any appointment as a medical officer in Acupuncture or teacher in any Acupuncture hospital, asylum, infirmary, dispensary or lying-in-hospital set up under any law for the time being in force or in any Affiliated Acupuncture institution.
2. (2) An Acupuncture practitioner registered in Part A of the Register shall be entitled to give an opinion in any matter relating to Acupuncture system of therapy at any inquest or in any court of law as expert under section 45 of the Indian Evidence Act, 1872 (I of 1872).

Subject to the provisions of any other law for the time being in force relating to instruments, the State Government shall have the power to regulate and control, by a general or special order published in the Official Gazette, the manufacture, storage or sale of Acupuncture instruments by the grant of licenses to manufactures, stockiest and sellers on such conditions as may be prescribed.

No suit, prosecution or other legal proceeding shall lie in respect of any act or things done or omitted to be done in the exercise or purported exercise 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.

1. (1) Any person or institution aggrieved by any decision or any order of the Council under section 22 of this Act may prefer an appeal before the State Government in such form and manner, within such time, on such conditions and on payment of such fees as may be prescribed.
2. (2) On receipt of such appeal, the State Government may, after giving the person concerned an opportunity of being heard and after consulting the Council, pass an order which shall be final and binding.

1. (1) All fees payable under this Act shall be paid to the Council.
2. (2) An account of all assets and liabilities of the Council and of all fees, sums, 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. (3) The account shall be audited annually by such officer of the State 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.

1. (1) The State Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules for carrying 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 all or any of the following matters, namely :-
   • (a) the election of Members of the Council and the Executive Committee, and the election of the Vice-President ;
   • (b) the manner of conducting meetings of the Council ;
   • (c) the functions to be performed by the President and Vice-President ;
   • (d) the powers and functions of the Executive Committee ;
   • (e) the qualifications of the Registrar, salary and allowances and other conditions of service, the manner of keeping of accounts of the council by the Registrar, supervisory powers and functions and duties of the Registrar and other conditions of service of officers and servants ;
   • (f) the Form of Register of Acupuncture Practitioners and Acupuncture Personnel, the Form and the manner for submitting the application for entering the name in the Register ;
   • (g) the procedure to be followed by the Council in,-
     • (i) conducting an enquiry under sub-section (3) of section 22 ;
     • (ii) disposing of appeals from the decision of the Registrar ;
   • (h) the conditions for the grant of licences under section 31 ;
     • (i) any other matter which may be, or is required to be, prescribed under this Act.
3. (3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of 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 in which it is so laid or the session immediately following, both Houses agree in making any modification in rule or both Houses agree that the rule should not be made, and notify their decision to that effect in the Official Gazette, the rule shall from the date of publication of a notification in the Official Gazette, of such decision 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 or omitted to be done under that rule.

1. (1) The Council may, with the previous approval of the State Government, make regulations, not inconsistent with the provisions of this Act or the rules made thereunder, for performing its functions and discharging its duties under this Act.
2. (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, namely :-
   • (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 shall be held ;
   • (c) the issue of notices convening such meeting ;
   • (d) the conduct of business thereat ;
   • (e) the procedure for obtaining permission, affiliation and recognition of the Council ; or
   • (f) any other matter for which power to make regulations is conferred expressly or by implication on the Council by this Act.

All regulations framed under this Act shall be published in the Official Gazette.

The Council shall furnish copies of its minutes, reports, abstracts of its accounts and other information to the State Government, whenever called for.

1. (1) The Council shall carry out such directions as may be issued, from time to time, by the State Government for the efficient administration of this Act.
2. (2) If any dispute arises between the Council and the State Government, in connection with the exercise of its powers, performance of its functions and discharge of its duties, under this Act, the decision of the State Government on such dispute shall be final and binding on the Council.

1. (1) If at any time it appears to the State Government that the Council or its President or Vice-President has failed to exercise or has persistently made default in the performance of the duties imposed on it or him by or under this Act or has exceeded or abused any of the powers conferred upon it or him by or under this Act, or has wilfully or without sufficient cause failed to comply with any direction issued by the State Government under section 39, the State Government may, by a notification in the Official Gazette, supersede the Council for such period as may be specified in the notification : Provided that, before issuing a notification under this sub-section, the Government shall give a reasonable time to the Council to show cause as to why it should not be superseded and shall consider the explanation and objection, if any, of the Council.
2. (2) Upon the publication of a notification under sub-section (1) superseding the Council,-
   • (a) all the Members of the Council shall, notwithstanding that their terms of office had not expired on the date of supersession, vacate their offices;
   • (b) all the powers and duties which may by order under the provisions of this Act, be exercised or performed by or on behalf of the Council shall, during the period of supersession, be exercised and performed by such person or persons as the State Government may direct;
   • (c) all property vested in the Council shall, during the period of supersession, vest in the State Government.
3. (3) On the expiration of the period of supersession, specified in the notification, issued under sub-section (1), the State Government may,-
   • (a) extend the period of supersession for such further period as it may consider necessary but which period shall not in the aggregate be more than two years; or
   • (b) take steps to constitute a new Council in the manner provided.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion arises, by order do anything not inconsistent with such provisions of this Act, which appears to it to be 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 two years from the date of commencement of this Act.
2. (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.