Chapter 1 PRELIMINARY

1. (1) This Act may be called the Punjab Ayurvedic and Unani Practitioners Act, 1963.
2. (3) It extends to the whole of the State of Haryana.
3. (7) It shall come into force on such date as the State Government may by notification appoint.

In this Act, unless the context otherwise requires,—

1. (a) "Ayurvedic System" means the Ashtang Ayurvedic System and the Siddha, and includes the modernised form thereof;
2. (b) "Board" means the Board of Ayurvedic and Unani Systems of Medicine, Haryana established and constituted, or deemed to be established and constituted, under section 3;
3. (c) "Director" includes the Director of Ayurveda, Haryana, the Deputy Director of Ayurveda, Haryana, the Assistant Director of Ayurveda, Haryana, and such other officer as the State Government may appoint for exercising all or any of the functions of the Director under this Act and the rules made thereunder;
4. (d) "Faculty" means the Faculty as defined in clause
5. (b) of section 2 of the Punjab State Faculty of Ayurvedic and Unani Systems of Medicine Act, 1963;
6. (e) "member" means a member of the Board, and includes the Chairman and Vice-Chairman;
7. (f) "practitioner" means a person who practices the Ayurvedic System or Unani System;
8. (g) "prescribed" means prescribed by rules made under this Act;
9. (h) "Register" means the new register of practitioners maintained under section 14;
   • (i) "registered practitioner" means a practitioner whose name is entered, or deemed to have been entered, in the Register;
10. (j) "Registrar" means the Registrar appointed under section 13;
11. (k) "Schedule" means a Schedule appended to this Act; and
12. (l) "Unani System" means the Unani Tibbi System of Medicine, and includes the modernised form thereof.

1. (1) Subject to the provisions of sub-section (6), there shall be established and constituted for the purpose of carrying out the provisions of this Act a Board to be known as "the Board of Ayurvedic and Unani Systems of Medicine, Haryana" consisting of a Chairman and eleven other members residing in the State of Haryana of whom—
   • (a) Four, including the Director and one Principal of any Ayurvedic or Unani institution recognised by the Faculty, shall be appointed by the State Government; and
   • (b) seven, of whom not less than four shall be persons holding a diploma or degree in the Ayurvedic System or Unani System, shall be elected by the registered practitioners from amongst themselves.
2. (2) The Board shall be a body corporate with the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, and to contract, and may by the said name sue and be sued.
3. (3) The Chairman of the Board shall be appointed by the State Government on such terms and conditions as it may think fit and shall hold office during the pleasure of the State Government. (3A) The Vice-chairman shall be elected by the Members of the Board from amongst themselves.
4. (4) The seven seats of members provided in clause
   • (b) of sub-section
5. (1) shall be distributed by the State Government proportionately to their number, as counted on the date before the election, between the registered practitioners who follow the Ayurvedic system and the registered practitioners who follow the Unani System: Provided that in determining the proportion a fraction of one-half and less shall be ignored and a fraction of more than one-half shall be counted as one.
6. (5) Every election or appointment of a member and every vacancy in the office of a member shall be notified by the State Government in the Official Gazette.
7. (6) Until the Board is established and constituted in accordance with the provisions of the preceding sub-sections, as amended by the Punjab Ayurvedic and Unani Practitioners (Haryana Amendment and Validation) Ordinance, 1968, the State Government may constitute a Board consisting of six persons, including the Director, to be appointed by the State Government, and a Board so constituted shall, as from the commencement of that Ordinance and for a period not exceeding thirty-eight years from such commencement, be deemed to be the Board established and constituted for the purpose of carrying out all the provisions of this Act and the provisions of sub-sections
8. (3) and
9. (5) shall apply to such a Board.

The election of members of the Board under clause

1. (b) of sub-section

1. (1) of section 3 shall be held at such time and place and in such manner as may be prescribed.

1. (1) Save as otherwise provided, the term of office of the non-official members of the Board, other than the Board deemed to be established and constituted under sub-section
2. (6) of section 3, shall be five years commencing from the date on which the first meeting of such Board is held: Provided that an outgoing member shall continue in office until the election or appointment of his successor, as the case may be.
3. (2) The outgoing member shall be eligible for re-election or re-appointment.

1. (1) If a vacancy occurs in the office of a member of the Board through death, resignation, removal or disability of such member or otherwise, the vacancy shall be filled in the same manner as is provided in section 3.
2. (2) Any person elected or appointed to fill the vacancy shall, notwithstanding anything in section 5, hold office only so long as the member in whose place he is elected or appointed would have held office if the vacancy had not occurred.

Any member of the Board may at any time resign his office by letter addressed to the Chairman and the resignation shall take effect from the date on which it is accepted by him.

If, in the opinion of the Board, any member of the Board absents himself without sufficient cause from three consecutive ordinary meetings of the Board or becomes subject to any of the disqualifications specified in section 9, the Board shall declare his office to be vacant:

Power to remove members The State Government may, by notification, remove any member who, in its opinion, has been guilty of misconduct in the discharge of his duties: Provided that before the State Government notifies the removal of any member, the reasons for his proposed removal shall be communicated to him and he shall be given an opportunity of tendering an explanation in writing which shall be duly considered.

No person shall be eligible for election or appointment as a member of the Board—

1. (a) who is a minor or an undischarged insolvent; or
2. (b) who has been adjudicated by a competent court to be of unsound mind; or
3. (d) who has been sentenced by a Criminal Court to imprisonment for such offence involving moral turpitude as may be declared by the State Government.

No act, rule, or proceeding taken under this Act by the Board shall be invalid merely on the ground—

1. (a) of any vacancy or defect in the constitution of the Board, or
2. (b) of any defect or irregularity in election or appointment of a person, acting as a member thereof, or
3. (c) of any defect or irregularity in such act or proceeding, not affecting the merits of the case.

The Board shall meet at such time and place, and every meeting of the Board shall be summoned in such manner, as may be provided in the regulations made under this Act:

Procedure at meetings of Board

1. (1) The Chairman, and in his absence the Vice-chairman, and in the absence of both, a person elected by the members of the Board from amongst themselves, shall preside at every meeting of the Board.
2. (2) All questions at a meeting of the Board shall be decided by the votes of the majority of the members present and voting: Provided that in case of equality of votes, the Chairman, Vice-Chairman or the person presiding, as the case may be, shall, in addition to his vote as a member of the Board, have a second or casting vote.
3. (3) Five members shall form a quorum at a meeting of the Board referred to in sub-section
4. (1) of section 3 and three members shall form a quorum at a meeting of the Board referred to in sub-section
5. (6) of that section:

Registrar and other staff

1. (1) Subject to such rules as the State Government may make in this behalf, the Board shall appoint a Registrar who shall receive such salary and allowances and be subject to such conditions of service as may be prescribed: Provided that until a Registrar is so appointed, a person appointed by the State Government shall, as from the commencement of the Punjab Ayurvedic and Unani Practitioners (Haryana Amendment and Validation) Ordinance, 1968, be deemed to be the Registrar who shall be entitled to such salary and allowances and shall be subject to such conditions of service as may be determined by the State Government.
2. (2) The Board may appoint such other employees as may be necessary for carrying out the purposes of this Act and such employees shall receive such salary, allowances and be subject to such conditions of service as may be prescribed.
3. (3) All employees of the Board, including the Registrar, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

1. (1) Subject to the provisions of this Act and the rules made thereunder and subject to any general or special order of the Board, it shall be the duty of the Registrar to maintain the Register and to act as the secretary to the Board.
2. (2) The register shall be in such form as may be prescribed and shall contain the names, addresses and qualifications of every registered practitioner together with the dates on which qualifications were acquired and shall be divided into the following two Parts, namely :- Part I containing the names of persons referred to in sub-section
3. (1) of section 15 ; and Part II containing the names of persons referred to in sub-section
4. (3) of section 15.
5. (3) The Registrar shall keep the Register correct as far as possible, and may from time to time enter therein any material alteration in the address or qualifications of the practitioners. The names of the registered practitioners who die or whose names are directed to be removed from the Register under this Act shall be removed from the Register.
6. (4) A registered practitioner shall, on payment of such fees as may be prescribed, be entitled to have entered in the Register any further degrees, diplomas or certificates or other qualifications in Ayurvedic System or Unani system or other recognised medical degrees, diplomas or certificates which he may obtain.
7. (5) For the purposes of this section, the Registrar may write by registered post to any registered practitioner at the address which is entered in the Register enquiring whether he has ceased to practise or has changed his residence and if no answer is received to the said letter within three months the Registrar may remove the name of the said practitioner from the Register :

Registration

1. (1) Every person possessing any of the qualifications specified in Schedule I shall, subject to the provisions of this Act and on payment of such fees as may be prescribed in this behalf, be entitled to have his name entered in Part I of the Register subject to such conditions as may be prescribed.
2. (3) Any person not in possession of the qualifications specified in Schedule I but-
   • (a) whose name is entered immediately before the 13th day of December, 1963, in the list maintained under section 34 of the East Punjab Ayurvedic and Unani Practitioners Act, 1919; or under section 33 of the Pepsu Ayurvedic and Unani Practitioners Act, 2008 B.K. ; or
   • (b) who proves to the satisfaction of the Registrar upto 30th June, 1972 that he was in practice as a practitioner on the first day of November, 1966, and is continuing as such ; shall subject to the provisions of this Act and on payment of such fees as may be prescribed in this behalf, be entitled to have his name entered in Part II of the Register subject to such conditions as may be prescribed.
3. (5) No person shall be entitled under this section to have his name entered in the Register if he is a minor.

Notwithstanding anything contained in sections 14 and 15, every person whose name is entered immediately before the commencement of the Punjab Ayurvedic and Unani Practitioners (Haryana Amendment and Validation) Ordinance, 1968, in Part I, or Part II of the Register maintained under this Act before such commencement shall, subject to the provisions of this Act, be deemed to be registered in Part I or Part II, as the case may be, of the Register.

1. (1) Every registered practitioner shall get his registration renewed within two months of the commencement of the Punjab Ayurvedic and Unani Practitioners (Haryana Amendment) Act, 1983 and thereafter the registration shall be got renewed after every five years within one month of the expiry of the period of registration, on payment of such fees as may be prescribed.
2. (2) If the registered practitioner fails to get his registration renewed within the period provided in sub-section (1), his name shall thereafter stand removed from the Register :

Power of Board to prohibit entry in or to direct removal from Register, etc

1. (1) The Board may prohibit the entry in, or order the removal from, the Register, of the name of any practitioner-
   • (a) who has been sentenced by a criminal Court to imprisonment for such offence involving moral turpitude as may be declared by the State Government ; or
   • (b) who, after inquiry either made by itself or by a committee appointed for the purpose by the Board from out of its members, has found guilty of professional misconduct or other infamous conduct by a majority of at least two-thirds of the members present and voting at the meeting of the Board.
2. (2) The Board may direct that the name of any person against whom an order has been passed under sub-section
3. (1) shall be entered or re-entered, as the case may be, after having satisfied itself that due to lapse of time or otherwise the disability mentioned in sub-section
4. (1) has ceased to have any force.

For the purpose of any inquiry held under clause

1. (b) of sub-section

1. (1) of section 16 the Board or a committee appointed by the Board shall be deemed to be a court within the meaning of the Indian Evidence Act, 1872 (Act No. I of 1872), and shall, so far as may be follow the procedure laid down in the Code of Civil Procedure, 1908 (Act No.

Appeal to Board from decision of Registrar and other powers of Board

1. (1) Any person aggrieved by the decision of the Registrar regarding the registration of any person or any entry in the Register may, on payment of such fee as may be prescribed, appeal to the Board.
2. (2) An appeal under sub-section
3. (1) shall be filed within sixty days of the passing of the order appealed against after excluding the time spent in obtaining a copy thereof and shall be heard and decided by the Board in the matter prescribed. (2A) Notwithstanding anything contained in sub-section (2), an appeal under sub-section (1), which could be filed during the period commencing on the 4th February, 1966, and ending with the date of commencement of the Punjab Ayurvedic and Unani Practitioners (Haryana Amendment and Validation) Ordinance, 1968, may be filed within a period of sixty days from such commencement after excluding the time spent in obtaining a copy of the order appealed against.
4. (3) The Board may, on its own motion or on the application of any person, after due and proper enquiry and after affording the person concerned an opportunity of being heard, cancel or alter any entry in the Register, if, in the opinion of the Board, such entry was made fraudulently or wrongly.

Notwithstanding anything in any law for the time being in force,-

1. (a) the expression 'legally qualified medical practitioner' or 'duly qualified medical practitioner' or any word importing a person recognised by law as a medical practitioner or member of medical profession shall, in all Acts or other provisions having the force of law in Punjab and relating to matters in List II or List III of the Seventh Schedule to the Constitution of India, includes a practitioner registered in Part I of the Register ;
2. (b) a certificate required by any Act to be issued by any medical practitioner or medical officer shall be valid, if such certificate has been signed and issued by a practitioner registered in Part I of the Register : Provided that a certificate of illness may also be signed and issued by any practitioner registered in Part II of the Register ;
3. (c) a practitioner registered in Part I of the Register shall be eligible to hold any appointment as a medical officer in any Ayurvedic or Unani dispensary or hospital supported by or receiving a grant from the State Government and treating patients according to the Ayurvedic System or Unani System or in any public establishment, body or institution dealing with any such System ;
4. (d) a registered practitioner shall be entitled to use substances in their crude or manufactured form or preparations containing such substances provided their pharmaceutical action in relation to such use is known to him according to the fundamental principles of those medicines.

Every registrar of deaths shall forthwith transmit by post to the Registrar a certificate under his own hand of the death of a registered practitioner with the particulars of time and place of death and may charge the cost of such certificates and transmissions as an expense of his office.

Notwithstanding anything in any other law for the time being in force, every registered practitioner shall be exempt, if he so desires, from serving any inquest under the Code of Criminal Procedure, 1898 (Act No.

Fees and allowances payable to members There shall be paid to the members for attending meetings of the Board such travelling and other allowances as may be prescribed.

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

Copies of any order passed by the Board or the Registrar or of any entry in the Register shall be supplied on payment of such fees as may be prescribed.

All moneys received by the Board as fees under this Act shall be applied for the purposes of this Act in the prescribed manner.

1. (1) The Registrar shall at least once in every five years on or before date to be fixed by the Board cause to be printed and published a correct list of the names and qualifications of all practitioners for the time being entered in the Register and the dates when such qualifications were acquired.
2. (2) In any proceedings it shall be presumed that every person entered in such list is a registered practitioner and that any person not so entered is not a registered practitioner.

Whoever wilfully and falsely assumes or uses title or description or any addition to, his name implying that he is a registered practitioner shall be punishable for the first offence with imprisonment which may extend to six months or with fine which may extend to two hundred and fifty rupees or with both and for every subsequent offence with imprisonment which may extend to two years or with fine which may extend to five hundred rupees or with both.

No practitioner, whether registered or not, shall sell any medicine of the Ayurvedic System or Unani System in a public place as hawker or by assembling a crowd.

No person other than a registered practitioner shall practise or hold himself out, whether directly or by implication, as practising or as being prepared to practise the Ayurvedic System or Unani System.

Any person, who contravenes the provisions of section 28 or section 29, shall, on conviction, be punishable with fine, which may extend to two hundred rupees.

The State Government shall, by notification, amend Schedule I so as to add thereto, or omit therefrom, any qualification, and thereupon the Schedule shall be deemed to be amended accordingly.

If at any time it appears to the State Government that the Board has neglected to exercise, or has exceeded or abused any power conferred upon it under this Act or has neglected to perform any duty imposed upon it by this Act, the State Government may communicate the particulars of such neglect, excess or abuse to the Board; and, if the Board fails to remedy such neglect, excess or abuse within such time as may be fixed by the State Government in this behalf, the State Government may, for the purpose of remedying such neglect, excess or abuse, cause any of the powers and duties of the Board to be exercised and performed by such agency and for such period as the State Government may think fit.

1. (1) No court other than the Court of [Judicial Magistrate] of the First Class shall take cognizance of, or try an offence under this Act.
2. (2) No Court shall take cognizance of any offence under this Act except on a complaint in writing of an Officer empowered by the State Government in this behalf.

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or under any rules or regulations made thereunder.