The Punjab Ayurvedic and Unani Practioners Act, 1963

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Chapter IX-A of the Indian Penal Codc (Act No. VL of 18601, arising out of the rnaucr to which such cerrifica~e relam, bul it shhl not be deemed to reiicvc him frdm my disqmlitication in conncc~ion with any election imposed by this Act or any othcr law.

The reasonable expenses incurred by any person in attending Lo Expcnses of give evidence may be allowed by the prescribed authority to such person, witncsscs. and shall, unless [he prestribcd authority otherwise direcu,be deemed to be part of lhe costs.

1. (1) Whex an election petition has not been dismissed under Decision of section 40, the prescribed authority shall inquire into thc election pet ition and the prescribed au[hori~y at rhe conclusion of [he inquiry shall make an order-
   • (a) dismissing the elmion petition : or-
   • (b) setling aside the clcction.
2. (2) AL ihe ti me of making an order under sub-section (I) the prcscri bed authority shill also make an order-
   • (a) whereany chargeismadein the petitionof any corrupt praclice having been committed at the elcction. mording-
     • (i) a finding wherher.any corrupt pr~ctice has or has no[ kcn proved to have been committed a1 the elect ion and the narure of that corrupt pratice ; and
     • (ii) the niimes of all persons, if any, who have-been proved a[ [he [rial ro have been guilt-y of any corrupt practice and: the nature of that practice ; and
   • (b) fixing he lotal amount of costs pay able, and specifying the persons by and to whom costs shall be paid : Provided that a person who is not a par~y to the petition shall not bc named in thc ordcr under su b-clause (ii) OF clnusc
   • (rr) unless--
     • (i) hc has been given noticc to appear before the prcscribed authority and to show cause why he should not be so named : and
     • (ii) if he appears in pilrsuance of the notice, he has been given an opportunity bf cross-examining any witness who has'alieady been cxarnined by the prcscribed authority and has given evidencc againsr him. of calling evidence in his defencc and of being heard.

1. (1) Ifthepr-escribedaurhori~yisofthcopinion-
   • (a) that on the dale of his elect ion t hc clcctcd person was no1 qualified or lvas disqualified, to bc clected under this ACL :, or
   • (b) [ha[ any compt practice has becn committed by the e1ecred person or his agent or by any other person with [he consent of the elecred person or his agent ; or
   • (c) that any nomi narion has been improperly iejected ; or
   • (d) that [he result OF thc election, inso far as it concerns the elected person, has been materially akctcd-
     • (i) by the improper acceplance of any nomination ; or
     • (ii) by the improper recep~ion, reFusnl or rcjcclion of any vote or,~he receprion of any vote whi,ch is : void ; or
     • (iii) by any non-cornpliance with the provisions of this Act or of any rules made under this Act ; the prescribed authority shall set aside the election of the elected person.
2. (2) When an election has been set aside under sub-section (1), a fresh election shall be held.

An election petition shall abate only on the death of a sole petitioner or of the survivor of several petitioners.

1. (1) Costs including pleaders' fee shall be in the discretion of the prescribed authority.
2. (2) If in any order as to costs under the provisions of this Chapter there is a direction for payment of costs by any party to any person, such costs shall, if they have not been already paid, be paid in full, or so far as possible, out of the security deposit made by such party under this Chapter, on an application made in writing in that behalf within a period of one year from the date of such order to the Director by the in whose favour the costs have been awarded.
3. (3) If there is any balance left of the security deposit under this Chapter after payment under sub-section (2) of the costs referred to in that sub-section, such balance, or where no costs have been awarded or no application as aforesaid has been made within the said period of one year, the whole of the said security deposit may, on an application made in that behalf in writing to the Director by the person by whom the security has been deposited or if such person dies after making such deposit, by the legal representative of such person, be returned to the said person or to his legal representatives, as the case may be.

Any order as to costs under the provisions of this Chapter may be produced before the principal civil court within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or business and such court shall execute the order or cause the same to be executed in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit : Provided that where any such costs or any portion thereof may be recovered by an application made under sub-section (2) of section 51, no application shall lie under this section within a period of one year from the date of such order unless it is for the recovery of the balance of any costs which has been left unrealised after an application has been made under that sub-section owing to the insufficiency of the amount of the security deposit referred to in that sub-section.

The corrupt practices specified in Schedule shall entail disqualification for membership of the Board for a period of five years counting from the date on which the finding of the prescribed authority as to such practice has been given :

Rules

1. (1) The State Government may, by notification and after previous publication, make rules to carry 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 date on which the number of registered practitioners shall be counted under sub-section (4) of section 3 ;
   • (b) the time and place in which, and the manner in which, election shall be held as required by section 4 ;
   • (c) the salary, allowances and other conditions of service of the Registrar and other employees of the Board appointed under section 13 ;
   • (d) the form of register required to be maintained under section 14 ;
   • (e) the amount of fees on payment of which, and the conditions subject to which, a person may get his name entered in Part I or Part II of the Register, under section 15 ;
   • (f) the manner in which appeals against the decision of the Registrar shall be heard and decided by the Board under section 18 and the fees chargeable for such appeals ;
   • (g) fees and allowances payable to the members under section 22 ;
   • (h) the amount of fees payable for the supply of copies under section 24 ;
     • (i) the manner in which moneys received by the Board as fees shall be applied under section 25 ;
   • (j) the amount of security to be furnished and the manner in which it is to be furnished as required by sub-section (1) of section 37 ;
   • (k) the authority to whom election petitions may be presented and by whom such petitions may be inquired into and decided under Chapter III ;
   • (l) the form of affidavit required to accompany the petition under sub-section (1) of section 38 ;
   • (m) any other matter which may be prescribed.
3. (3) Every rule made under this section 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 ten days which may be comprised in one session or in two 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 the rule or both Houses agree that the rule should not be made, the rule shall thereafter 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 under that rule.

1. (1) The Board may, with the previous approval of the State Government, make regulations not inconsistent with this Act or the rules made hereunder for all or any of the following matters, namely :-
   • (a) the time and place at which the Board shall hold its meetings and the manner in which such meeting shall be summoned under section 11 ;
   • (b) any other matter which may be considered necessary for carrying out the purposes of this Act:
2. (2) All regulations shall be published in the Official Gazette.
3. (3) The State Government may by notification cancel any regulation.

The Punjab General Clauses Act, 1898, shall apply for the interpretation of this Act as it applies for the interpretation of a Punjab Act.

1. (1) The East Punjab Ayurvedic and Unani Practitioners Act, 1949 and the Pepsu Ayurvedic and Unani Practitioners Act, 2008 BK., are hereby repealed : Provided that the repeal shall not affect-
   • (a) the previous operation of the Acts so repealed or anything duly done or suffered thereunder, or
   • (b) any right, privilege, obligation or liability acquired, accrued or incurred under the Acts so repealed, or
   • (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the Acts so repealed, or
   • (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid ; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.
2. (2) Subject to the proviso to sub-section (1), anything done or any action taken (including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation or form framed), under the Acts repealed by sub-section (1) shall, in so far as it is not inconsistent with this Act, be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act.

1. (1) As from the commencement of this Act, the two Boards of Ayurvedic and Unani System of Medicine, established and constituted under the East Punjab Ayurvedic and Unani Practitioners Act, 1949, and the Pepsu Ayurvedic and Unani Practitioners' Act, 2008 Bk., shall cease to function.
2. (2) On the Boards so ceasing to function, all assets vesting in them, and all liabilities subsisting against them, on the date of so ceasing shall devolve on the Board.
3. (3) All suits, prosecutions, and other legal proceedings instituted or which might have been instituted by or against any of the Board so ceasing to function immediately before the commencement of this Act may be continued or instituted by or against the Board.
4. (4) The permanent officers and servants of the Boards so ceasing to function shall be either absorbed by the Board in its service on conditions which are not less advantageous to those on which they were serving such Boards immediately before the commencement of this Act or retired or compensated in accordance with the conditions of their service in such manner as the State Government may direct.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification, make such provisions or give such directions, not being inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the removal of the difficulty.

(See sections 15 and 31) 1. Degree or Diploma of any Ayurvedic or Unani College recognised by the Faculty (with at least four years course) within Punjab or outside it, or a degree in the Ayurvedic or Unani System of Medicine of any University established by law in India. Provided that persons who have already qualified from any Ayurvedic or Unani College or Institution prior to the commencement of this Act in a course of duration of less than four will also be entitled for registration. 2. Final examinations held by the faculty or by any college or institution affiliated to the faculty. 3. Final examination from any Ayurvedic or Unani institution in Punjab or outside it, recognised by the Faculty or the Board for the purposes of registration.

The following shall be deemed to be corrupt practices for the purposes of section 53 :- (1) Bribery, that is to say,- (A) Any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his agent of any gratification, to any person whomsoever, with the object directly or indirectly of inducing- (a) a person to stand or not to stand as, or to withdraw from being a candidate at an election ; or (b) a voter to vote or refrain from voting at an election ; or as a reward to- (i) a person for having so stood or not stood, or for having withdrawn his candidature ; (ii) a voter for having voted or refrained from voting; (B) the receipt of, or agreement to receive, any gratification, whether as a motive or a reward- (a) by a person for standing or not standing as, or for withdrawing from being a candidate; or (b) by any person whomsoever for himself or any other person for voting or refraining from voting, or inducing or attempting to induce any voter to vote or refrain from voting, or any candidate to withdraw his candidature. Explanation.—For the purposes of this clause, the term "gratification" is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward but it does not include the payment of any expenses bonafide incurred at, or for the purpose of any election. (2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person with the consent of the candidate or his agent, with the free exercise of any electoral right :- Provided that,- (a) without prejudice to the generality of the provisions of this clause, any such as is referred to therein who- (i) threatens any candidate or a voter or any person in whom a candidate or such voter is interested, with injury of any kind and including social ostracism and ex-communication or expulsion from any caste or community; (ii) induces or attempts to induce a candidate or a voter to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure; shall be deemed to interfere with the free exercise of the electoral right of such candidate or a voter within the meaning of this clause; (b) a declaration of public policy, or a promise of public action or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause; (3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to, religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate. (4) The promotion of, or attempt to promote, feelings of enmity or hatred between classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his agent for the furtherance of the prospects of election of that candidate or for prejudicially affecting the election of any candidate. (5) The publication by a candidate or his agent or by any other person, with the consent of a candidate or his agent, of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal, of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election. (6) The hiring or procuring, whether on payment or otherwise, of any vehicle by a candidate or his agent or by any other person with the consent of a candidate or his agent for the conveyance of any voter (other than the candidate himself, the members of his family or his agent) to or from any polling station provided or a place fixed for the poll : Provided that the hiring of a vehicle by a voter or by several members at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause, if the vehicle so hired is a vehicle not propelled by mechanical power : Provided further that the use of any public transport vehicle by any voter at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause. Explanation.—In this clause, the expression, "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise. (7) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent or, by any other person with the consent of a candidate or his agent, any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate's election, from any person in the service of the Government, the Government of India or the Government of any other State or a local authority.