Chapter II ESTABLISHMENT AND CONSTITUTION OF THE COUNCIL AND THE FACULTY

Establishment and Constitution of the Council

1. (1) The Government shall, by notification in the official Gazette, establish a Council to be called "The Orissa State Council of Ayurvedic Medicine". Such Council shall be a body corporate and shall have perpetual succession and a common seal with power to acquire and hold property, both movable and immovable, and to transfer any such property subject to the prescribed conditions and may by the said name sue or be sued.
2. (2) The Council shall consist of the following members, namely :-
   • (i) the Director of Indian Medicine and Homoeopathy who shall be the President of the Council ;
   • (ii) four members qualified in the Ayurvedic System of Medicine to be nominated by Government out of whom one shall be a woman ;
   • (iii) two members to be elected by the Orissa Legislative Assembly from amongst its members by means of a single transferable vote ;
   • (iv) one member to be elected, in the manner as may be prescribed, by the Faculty of Medicine of the Utkal University from amongst its members ;
   • (v) one member to be elected, in the prescribed manner, by the Council of Orissa Association of Sanskrit Learning and Culture who shall be a practitioner ;
   • (vi) two members to be elected, in the prescribed manner by the teachers of the Ayurvedic Institutions affiliated to the Faculty from amongst themselves ;
   • (vii) two members to be elected in the prescribed manner, from amongst themselves, by the registered diploma-holders of the Council and its predecessor the Orissa Ayurvedic Examination Board ;
   • (viii) three members to be elected, in the prescribed manner, from amongst themselves, by the Registered Practitioners ;
   • (ix) Principals of the Ayurvedic Institutions affiliated to the Faculty.

There shall be established by the Council for the purposes of this Act a State Faculty of Ayurvedic Medicine, consisting of-

1. (i) the President of the Council who shall be the ex-officio Chairman of the Faculty ;
2. (ii) the Principals of the Ayurvedic Institutions affiliated to the Faculty ;
3. (iii) three eminent Ayurvedic Physicians to be nominated by the Government ;
4. (iv) two members, to be elected, in the prescribed manner, by the teachers of the Ayurvedic Institutions affiliated to the Faculty from amongst themselves ;
5. (v) the member of the Council elected under clause
6. (iii) of sub-section

1. (2) of section 3 ;
   • (vi) members of the Council elected under clause
   • (iii) of sub-section
2. (2) of section 3.

1. (1) On the date the first Council is constituted under the provisions of this Act, the existing "Orissa Ayurvedic Examination Board" shall cease to exist and all its assets and liabilities shall devolve upon the Council so constituted.
2. (2) All acts begun whether pending or completed by the said Orissa Ayurvedic Examination Board by the date of the constitution of the first Council, shall in so far as they relate to the functions allotted to the Council under this Act be deemed to have been begun or performed by the Council constituted under this Act, and such acts may be carried on and completed by or under the authority of the Council so constituted.

The election of the persons, entitled to be the members of the Council or the Faculty shall be held at such time and place and in such manner as may be prescribed by the Government : Provided, that when the Council and the Faculty are to be established for the first time, the members to be elected under clauses

1. (iii) to
2. (viii) of sub-section

1. (2) of section 3 and clause
   • (iv) of section 4, as the case may be, shall be nominated by the Government and the Council and the Faculty so constituted for the first time shall hold office for a period of five years from the date of publication of the names in the official Gazette under section 8 or for such further period as the Government may by fix in this behalf.

Save as otherwise provided in this Act-

1. (a) the term of office of the elected and nominated members of the Council, shall be for five years from the date of publication of their names in the official Gazette under section 8 and shall include any further period which may elapse between the expiration of the said period of five years and the date of the first meeting of the next succeeding Council at which quorum is present ;
2. (b) the term of office of the elected and nominated members of the Faculty shall expire on the same date on which the term of office of the members of the Council expires : Provided that members elected by the electorates specified in clauses
   • (iii) to
   • (viii) of sub-section

1. (2) of section 3, or under clause
   • (iv) of section 4, shall cease to be members of the Council or the Faculty, as the case may be, as soon as they cease to be the members of these electorates : Provided further that where any member is elected subsequent to the reconstitution of the Council or the Faculty, as the case may be, to fill up any seat allotted to any constituency due to the reason that such constituency was not in existence at the time of such reconstitution but came into existence subsequent thereto, the term of office of such member shall be co-terminus with the term of office of the existing members of the Council or the Faculty, as the case may be.

The names of the President, the Chairman and of every member nominated or elected under sections 3, 4, 6, 9 or 10, shall be published in the official Gazette by the Government:

Nomination of members in default of election If on any election, any of the electorates referred to in clauses

1. (iii) to
2. (viii) of sub-section

1. (2) of section 3 or clause
   • (iv) of section 4 fails within such period as may be prescribed to elect a member or members referred to in the said clauses, or on the occurrence of any casual vacancy, to that vacancy as provided in section 10, the Government shall nominate a person or persons possessing the requisite qualifications to fill such a vacancy or vacancies, and the person or persons so nominated shall for the purposes of this Act be deemed to have been duly elected under section 3 or 4 as the case may be.

If the President or the Chairman or member of the Council or the Faculty is unable by reason of his death, resignation, removal or otherwise, to complete his full term of office, the vacancy so caused shall be filled by nomination or election, as the case may be, by another person within the prescribed period and the person so nominated or elected, shall fill such vacancy for the unexpired portion of the term, for which the member in whose place such person is nominated or elected would otherwise have continued in office : Provided that, in the case of a member who is to be elected, if the vacancy is for a period of six months, or less, the Council may direct that the vacancy may remain unfilled till the next general election.

Any member of the Council or the Faculty other than the President or the Chairman may at any time resign his office by a letter addressed to the President or the Chairman, as the case may be.

Disqualifications No person shall be eligible for election or nomination as a member-

1. (a) who is less than twenty-five years of age ;
2. (b) who is insane or of unsound mind ;
3. (c) who is an employee of the Council or the Faculty ;
4. (d) who has applied for being adjudged an insolvent or is an undischarged insolvent ;
5. (e) who has been convicted of any offence under this Act ;
6. (f) who has been convicted of an offence involving moral turpitude which in the opinion of the Government renders him unfit to hold office ;
7. (g) who has, on the previous occasion, been removed from office under section 13 ;
8. (h) whose name has been removed from the register ;
   • (i) who has, directly or indirectly or by himself or as a partner, any share or interest in any contract with, by or on behalf of the Council or Faculty ;
9. (j) who has been appointed as Legal Adviser to the Council or Faculty :

Disabilities for continuing as a member

1. (1) If any member, during the period for which he has been nominated or elected-
   • (i) absent himself, without such reasons as may, in the opinion of the Council or the Faculty be sufficient, from three consecutive ordinary meetings of the Council or the Faculty ; or
   • (ii) is or becomes subject to any of the disqualifications specified in section 12 ; or
   • (iii) refuses to perform or is incapable of performing any of the duties assigned to him under this Act ; or
   • (iv) being a legal practitioner, appears in any suit or proceeding whether Civil, Criminal or Revenue, against the Council ; he shall be removed from membership : Provided that before removing a member from office the Council or the Faculty, as the case may be, shall call for his explanation and record its findings therein.
2. (2) Any member removed from office by the Council or the Faculty under sub-section
3. (1) may, within thirty days from the date of his removal, appeal to the Government and the order of the Government on any such appeal shall be final.
4. (3) The Government may remove the President or the Chairman from office on any of the grounds specified in sub-section
5. (1) after calling for an explanation from him.

1. (1) There shall be paid to the President or the Chairman and the members of the Council or the Faculty, such travelling and other allowances as may be prescribed.
2. (2) No person shall receive any pay or special pay as President or Chairman or as a member of the Council or the Faculty.

The Council or the Faculty shall have an office at the headquarters of the Government and shall meet at such time and place and every meeting of the Council, and the Faculty shall be summoned in such manner as may be prescribed by regulations or bye-laws, as the case may be : Provided that until such regulations or bye-laws are made, it shall be lawful for the President or the Chairman to summon a meeting of the Council or the Faculty, as the case may be, at such time and place as may be deemed expedient, by letter addressed to each member, on a clear notice of fifteen days.

1. (1) The President shall preside at every meeting of the Council. In the absence of the President, the members present shall elect one of them to preside.
2. (2) The Chairman shall preside at every meeting of the Faculty. In the absence of the Chairman the members present shall elect one of them to preside.
3. (3) One-third of the members of the Council or the Faculty shall form a quorum. No quorum shall be necessary for a meeting adjourned for want of a quorum.
4. (4) All questions at the meeting of the Council or the Faculty shall be decided by the votes of the majority of the members present at the meeting.
5. (5) At every meeting of the Council or the Faculty, the person presiding, for the time being, shall, in addition to his vote as a member of the Council or the Faculty have a second or casting vote in case of an equality of votes.

No disqualification or defect in the election or nomination of any person acting as a member or as the President or the Chairman or as the President of a meeting in the absence of the President or the Chairman, shall be deemed to vitiate any act or proceedings of the Council or the Faculty, as the case may be, in which such person has taken part, if the majority of the persons who took part in such act or proceedings were duly qualified members of the Council or the Faculty.

1. (1) The Council may, subject to the rules made by the Government by a resolution in that behalf, appoint an Advisory Committee which may consist of as many members of the Council and outsiders, if any, co-opted for any purpose it deems fit. The said Committee shall discharge such duties, perform such functions and advise on such matters as may be assigned or referred to it by the Council : Provided that the total number of members of such Committee shall not be more than seven.
2. (2) The Council may from amongst the members of the Committee appoint a Convener who shall preside at the meetings of such Committee. In the absence of the Convener the members present shall elect one amongst themselves to preside at the meeting.
3. (3) All questions at a meeting of the Committee shall be decided by the votes of the majority of the members present at the time of voting at the meeting. In the case of equality of votes the member presiding shall have a second or casting vote.
4. (4) No business shall be transacted at any meeting when less than three members constituting the Committee are present.
5. (5) The term of office and allowance, if any payable to the members of such Committee, shall be determined by rules made by the Government in this behalf.

Subject to the provisions of this Act or the rules made thereunder the Council shall have the following powers and functions, namely :-

1. (i) to advise the Government in matters relating to Ayurvedic System of Medicine including research and post-graduate education ;
2. (ii) to accord, suspend or withdraw recognition or affiliation of Ayurvedic Educational Institutions on the recommendations of the Faculty ;
3. (iii) to prescribe fees for admission to examinations conducted by the Faculty ;
4. (iv) to allot funds to the Faculty for carrying out its duties ;
5. (v) to provide for the registration of practitioners and entry of their names in the register under this Act and to provide for the preparation of the list of practitioners under section 42 ;
6. (vi) to reprimand a registered practitioner or a practitioner whose name is entered in the list or suspend or remove him from the register, or list and to take such other disciplinary action against him as may in the opinion of the Council be necessary or expedient : Provided that the Council shall, before taking action under this clause, give the practitioner concerned a reasonable opportunity of being heard ;
7. (vii) to hear and decide appeals from the decision of the Registrar ;
8. (viii) to endow chairs of Ayurvedic System of Medicine and surgery in the institutions affiliated to the Faculty ;
9. (ix) to appoint Inspectors for the inspection of Ayurvedic institutions, dispensaries, hospitals, druggists' shops or firms in the State and to require institutions giving instructions in the Ayurvedic System of Medicine to furnish such information as may be necessary ;
10. (x) to register and issue licences to reliable firms, for sale of genuine Ayurvedic drugs : Provided that no such licence shall be issued without the approval of the Government ;
11. (xi) to perform such other functions for the development of Ayurvedic System of Medicine as may be consistent with the provisions of this Act ; and
12. (xii) to exercise such other powers as may be specified by or under this Act.

1. (1) Subject to such conditions as may be prescribed by or under the provisions of this Act, the powers and functions of the Faculty shall be-
   • (i) to prescribe the course of training and the standard and subjects of qualifying examinations in institutions affiliated to the Faculty ;
   • (ii) to hold qualifying examinations and other examinations, to appoint examiners, to fix their fees and allowances and to declare and publish the results of the examinations ;
   • (iii) to grant certificates to and confer degrees or diplomas on or grant licences to persons who shall have pursued a course of study in the institutions affiliated to the Faculty ;
   • (iv) to recommend award of scholarships, stipends, medals, prizes and other awards to the Council ;
   • (v) to prepare, publish and prescribe text-books and to publish prescribe courses of study ;
   • (vi) to provide for the maintenance of an adequate standard of proficiency for the practice of the Ayurvedic System of Medicine ;
   • (vii) to recommend schemes for post-graduate training in Ayurvedic System of Medicine ;
   • (viii) to appoint through the Council, with the previous sanction of the Government, officers and servants as may be necessary ;
   • (ix) to make recommendations to the Council for the affiliation or recognition or for suspension or withdrawal of recognition or affiliation of Ayurvedic Institutions : Provided that no action of withdrawal or suspension of recognition shall be taken without according the Committee of management of institutions an opportunity to improve the institution within a reasonable period or for making a representation against the proposed action ;
   • (x) to appoint through the Council any Committee or Board of Studies as may be necessary, with the previous approval of the Government and to lay down their constitutions, duties and functions. Such Committee or Board may have members who are not members of the Faculty ; and
   • (xi) in discharge such other functions of academic nature as may be delegated to it by the Council with the previous sanction of the Government.
2. (2) No act done by the Faculty shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of the Faculty. (3)
   • (i) Subject to the provisions of this Act and the rules and regulations made thereunder, the Faculty may, with the previous sanction of the Government, make byelaws for the following matters, namely :-
   • (a) the courses of study for training and qualifying examination ;
   • (b) the language in which the examinations shall be conducted and instructions shall be given ;
   • (c) the admission of students to the recognised institutions ;
   • (d) the conditions under which students shall be admitted to degrees, diplomas, licence or certificate courses and to the qualifying examinations of the Faculty and shall be eligible for degrees, diplomas and certificates ;
   • (e) the conditions and mode of appointment and duties of Examiners and the conduct of examinations ;
   • (f) the conditions for the recognition of teacher in recognised institutions ;
   • (g) the number, and qualifications of teachers of the educational institutions affiliated to the Faculty, with a view to secure high standard of proficiency in teaching and training at those institutions ;
   • (h) the conditions and requirements for the affiliation or the recognition of teaching institutions ;
     • (i) the procedure to be followed at an inquiry instituted by the Faculty ;
   • (j) the custody of the common seal ; and
   • (k) any other matter in respect of which the Faculty is by the provisions of this Act either required or expressly or impliedly authorised to make bye-laws.
     • (ii) All bye-laws shall be published in the official Gazette and shall not take effect until they have been approved and confirmed by the Government.
     • (iii) The Government may by notification in the official Gazette, cancel any bye-law.

In the event of disagreement between the Faculty and the Council on any matter, a reference shall be made by the Council to the Government and the decision of the Government shall be final.

1. (1) The Government shall appoint a Registrar who shall be the Secretary to the Council as well as the Secretary to the Faculty.
2. (2) The salary, allowances and other conditions of service of the Registrar shall be such as may be determined by the Government. (3)
   • (i) The Council may, from time to time appoint such other officers and servants as may be necessary for carrying out the purposes of this Act : Provided that the number and designation of such officers and servants, their salaries and allowances shall be subject to the previous approval of the Government.
   • (ii) The punishment, dismissal, discharge and removal of any such officer or servant shall be subject to rules made by the Government in this behalf.
3. (4) All questions of pay, allowances, promotions, leave, pension and provident fund relating to the officers and servants other than the Registrar of the Council shall be governed by rules generally applicable to the servants of the Government of similar category and rank.
4. (5) The Registrar or any other officer or servant appointed under this section shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
5. (6) All officers and servants of the Council or the Faculty shall be under the direct control and supervision of the President or the Chairman as the case may be.

1. (1) The Registrar and other officers and servants of the Council shall exercise such powers and perform such duties as may from time to time be conferred or imposed on them, under this Act or under any rules framed thereunder or under any general or special orders of the Council.
2. (2) The Registrar may take part in the discussions before the Council or the Faculty, but shall not be entitled to vote.