Chapter VIII MISCELLANEOUS

1. (1) An appeal shall lie to the Government from every decision of the Council under this Act, except a decision made by the Council as an appellate authority.
2. (2) Every appeal under sub-section
3. (1) shall be referred within three months from the date of such decision.

1. (1) No suit or other legal proceedings shall lie against the Government in respect of an act done in the exercise of the powers conferred by this Act or the rules or regulations or byelaws made thereunder.
2. (2) No suit or other legal proceedings shall be maintainable, against the Council or the Faculty or any officer or servant of the Council or any person acting under the direction of the Council or the Faculty in respect of anything in good faith done or intended to be done under this Act or the rules or regulations or bye-laws made thereunder.

A copy of any proceeding, receipt, application, plan, notice, order, entry in a register or other document in the possession of the Council or the Faculty shall, if duly certified by the Registrar or other person authorised by the Council in this behalf, be received as prima facie evidence of the existence of the entry or document and of the matters therein recorded in every case where, and to the same extent as the original entry or document, would, if produced, have been admissible to prove such matters.

No member or officer or servant of the Council or the Faculty shall, in any legal proceeding to which the Council or the Faculty is not a party, be required to produce any register or document or to appear as a witness to prove the matters recorded therein, except in accordance with an order of the Court made for special reasons.

1. (1) No Court inferior to the Court of Magistrate of the second class shall take cognizance of or try an offence under this Act or the rules or regulations made thereunder.
2. (2) No Court shall take cognizance of any offence under this Act or the rules or regulations made thereunder except on a complaint in writing of an officer empowered by rules made in this behalf.

1. (1) No person other than an association or institution recognised or authorised by the Faculty under this Act shall confer, grant or issue, or hold himself out as entitled to confer, grant, or issue any degree, diploma, licence, certificate or other document stating or implying that the holder, grantee or recipient is qualified to practise the Ayurvedic System of Medicine.
2. (2) Whoever contravenes the provisions of this section shall, on conviction, be punishable with fine which may extend to five hundred rupees and, if the person so contravening is an association, every member of such association who knowingly and wilfully authorises or permits the contravention shall, on conviction, be punishable with fine which may extend to two hundred rupees.

A. Notwithstanding anything contained in any other provision of this Act, when any Ayurvedic teaching Institution is affiliated to any University established by law in the State,-

1. (a) such University shall hold qualifying examinations and other examinations of the students of that institution, confer degrees or diplomas on the successful candidates and do all such acts as may be necessary for the said purposes; and
2. (b) the faculty shall cease to perform the functions and exercise the powers as aforesaid in respect of any such institution.

Whoever voluntarily and falsely assumes or uses any title or description or any addition to his name implying that he holds a degree, diploma, licence or certificate conferred or authorised by the Council under this Act or that he is qualified to practise the Ayurvedic System of Medicine under the provisions of this Act shall, on conviction, be punishable with fine which may extend to fifty rupees for the first offence and with fine which may extend to two hundred rupees for every subsequent offence.

1. (1) Subject to the provisions of this Act and to the rules made by the Government thereunder the Council may make regulations for regulating the following matters, namely :-
   • (a) the conditions of residence of the students in the educational institutions affiliated to the Faculty and the levying of fees for such residence ;
   • (b) the fees to be charged for courses of study in such institutions and for admission to the examinations, degrees, diplomas and certificates of the Faculty : Provided that in making regulations the Council shall take into consideration the financial and other existing conditions of the institutions generally ;
   • (c) the time and place at which and the manner in which the meetings of the Council shall be summoned ;
   • (d) the issue of notices convening such meetings ;
   • (e) the conduct of the business at such meetings ;
   • (f) the salaries, allowances and other conditions of service of officers and servants of the Council other than the Registrar ; and
   • (g) all other matters which may be necessary for the purposes of carrying out the objects of this Act.
2. (2) Such regulations shall be made after previous publication and shall not take effect until they are approved and confirmed by the Government.

1. (1) The Government may, after previous publication, make rules not inconsistent with the provisions of this Act for carrying out its purposes.
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 conditions subject to which the Council may transfer any property under sub-section
3. (1) of section 3 ;
   • (b) regulation of elections under this Act ;
   • (c) the time and the place at which, the period within which, and manner in which elections shall be held under section 6 ;
   • (d) the conduct and maintenance of correct minutes of meetings of the Council ;
   • (e) the period within which vacancies shall be filled under section 10 ;
   • (f) allowances payable to the President or Chairman and the members of the Council or the Faculty, as the case may be, under section 14 ;
   • (g) the term of office and allowances payable to members of an Advisory Committee under sub-section
4. (5) of section 18, the Committee or Board of Studies appointed under clause
   • (x) of sub-section
5. (1) of section 20 ;
   • (h) the punishment, dismissal, discharge and removal of servants of the Council or the Faculty other than the Registrar under clause
     • (ii) of sub-section
6. (3) of section 22 ;
   • (i) the form of the register of Ayurvedic Practitioners to be maintained under section 24 ;
   • (j) the manner in which appeals against decision of the Registrar shall be heard by the Council under section 26 ;
   • (k) regulating the conditions, restrictions and exceptions subject to which Ayurvedic Practitioners being residents of Orissa but having obtained qualifications from medical institutions in States outside Orissa whether or not medical institutions in such States have been included in any scheme of reciprocity as provided in section 28 may practise ;
   • (l) distribution of funds placed by the Government at the disposal of the Council under section 46 ;
   • (m) reservation for registered practitioners of certain appointments in Ayurvedic Hospitals, Infirmaries, Dispensaries, or Lying-in-Hospitals maintained by or under the control of the Government or a Local authority ;
   • (n) fees chargeable under this Act and their applications ;
   • (o) the furtherance of any objects of the Faculty as a teaching or examining body ; and
   • (p) the furtherance of any other objects of the Council.

The Indian Medical Degrees Act, 1916 in so far as it relates to the Ayurvedic System of Medicine, is hereby repealed.

If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, by order do anything which appears to them necessary for the purpose of removing the difficulty.