The Rajasthan Ayurved Nursing Council Act, 2012

(1) This Act may be called the Rajasthan Ayurved Nursing Council Act, 2012. (2) It extends to the whole of the State of Rajasthan. (3) It shall come into force at once.

In this Act, unless the context otherwise requires,- (a) "Council" means the Rajasthan Ayurved Nursing Council established under section 3; (b) "member" means a member of the Council; (c) "nurse" means any person who holds a recognized Ayurved nursing qualification and who is registered as such in the register of Ayurved nursing practitioners maintained under this Act; (d) "Ayurved nursing subject" means any Ayurved nursing subject mentioned in the Schedule; (e) "prescribed" means prescribed by this Act or the rules or regulations made thereunder; (f) "President" means the President of the Council; (g) "recognized institution" means any institution giving education or training in any of the Ayurved nursing subjects and recognized under the provisions of this Act; (h) "recognized Ayurved nursing qualification" means any degree, diploma or certificate given by a recognized institution in any of the Ayurved nursing subjects or any qualification declared as a recognized qualification under section 32; (i) "registered" means registered in accordance with the provisions of this Act and the rules and regulations made thereunder; (j) "Registrar" means the Registrar of the Council appointed under section 15; and (k) "Vice-President" means the Vice-President of the Council.

The State Government shall, for the purpose of carrying out the provisions of this Act, establish by notification in the Official Gazette a Council to be known as the "Rajasthan Ayurved Nursing Council" and such Council shall be a body corporate, having perpetual succession and a common seal, with power to acquire or hold property of both movable and immovable kind, and to sue and be sued by the said name.

The Council shall consist of the following members, namely:- (a) six members elected from amongst the registered Ayurved nursing practitioners: Provided that on the first constitution of the Council, the State Government may nominate such persons in place of elected members who are qualified to be registered as Ayurved nursing practitioners; (b) five members nominated by the State Government from among persons having special knowledge in Ayurved nursing subjects: Provided that more than one member shall not be nominated from among persons having special knowledge in any one Ayurved nursing subject; (c) three members elected from amongst the teachers of recognized institutions: Provided that on the first constitution of the Council, the State Government may nominate such persons in place of elected members who are teachers in institutions giving education or training in Ayurved nursing subjects in the State; (d) Dean, Faculty of Ayurved, Homeopathy and Unani Medicine, Rajasthan Ayurved University, Jodhpur, ex-officio; (e) Director, Ayurved Department, Government of Rajasthan, ex-officio; (f) Director, Homeopathy Department, Government of Rajasthan, ex-officio; (g) Director, Unani Medicine Department, Government of Rajasthan, ex-officio; (h) Registrar, Indian Medicine Board, Rajasthan State, ex-officio; (i) Registrar, Homeopathy Board, Rajasthan State, ex-officio: Provided that no person shall be qualified to be elected or nominated as a member of the Council, if- (i) he is not a citizen of India; or (ii) he is an undischarged insolvent; or (iii) he is of unsound mind and stands so declared by a competent court; or (iv) he has been convicted for an offence involving moral turpitude; or (v) he is an employee of the Council and is paid remuneration in the form of salary or honorarium: Provided further that no person shall act as a member in more than one capacity at the same time.

The President and Vice-President of the Council shall be elected by the members of the Council from amongst themselves: Provided that on the first constitution of the Council, the President and Vice-President shall be nominated by the State Government from amongst the members of the Council, who shall hold office for three years or during the pleasure of the State Government, whichever is earlier.

The names of the President, Vice-President and all the members of the Council shall be published in the Official Gazette.

Elections to the offices of the President, Vice-President and members shall be held in the prescribed manner, and where any dispute arises in connection with such election, it shall be referred to the State Government, whose decision shall be final.

(1) Ex-officio member of the Council shall hold office as such so long as he holds the office by virtue of which he is a member of the Council. (2) Save as otherwise provided, the term of office of a member of the Council, other than an ex-officio member, shall be three years from the date of his election or nomination, as the case may be, but he shall be eligible for re-election or re-nomination as such member. (3) The President or Vice-President of the Council shall hold office for three years from the date of his election or until he remains a member of the Council, whichever is earlier, but he shall be eligible for re-election if he is a member of the Council. (4) Any elected or nominated member or Vice-President may resign his office by writing under his hand addressed to the President of the Council, and the President by writing under his hand addressed to the Governor. (5) The State Government may, by notification in the Official Gazette, declare that the President, Vice-President or any member of the Council has ceased to be such President, Vice-President or, as the case may be, member, if- (a) he submits his resignation, or (b) he dies, or (c) he has been absent from India for more than one year consecutively, or (d) he is absent from three consecutive meetings of the Council without the permission of the Council, or (e) he incurs any of the disqualifications specified in the first proviso to section 4: Provided that in cases described in clause (d) and (e), no such declaration shall be made until the concerned person has been given a reasonable opportunity of being heard. (6) The State Government may, at any time, by notification in the Official Gazette, remove the President, Vice-President or any member of the Council from his office, after giving him a reasonable opportunity of explanation, for any reason which the State Government considers to be having an adverse effect on public interest, and a member so removed shall not be eligible for being elected or nominated for a period of three years from the date of his removal.

The President, Vice-President or any member of the Council shall not be entitled to receive any salary or remuneration from the Council but they may be paid such compensatory allowances as may be prescribed by the regulations.

Any vacancy in the office of the President, Vice-President or any member shall be filled as early as possible in accordance with the provisions of this Act.

No act or proceeding of the Council shall be deemed to be invalid merely by reason of any vacancy in the office of the President, Vice-President or any member, or any defect or irregularity in the election or nomination of any person as such, which is not substantial.

(1) The Council may make regulations consistent with this Act and the rules made thereunder for the purpose of transaction of its business. (2) Regulations made under this section may provide for all or any of the following matters, namely:- (a) time and place of meetings; (b) issue of notice of such meetings to members; (c) conduct of business in such meetings; (d) quorum necessary for transaction of business; and (e) appointment of committees to carry out any part of the business of the Council.

(1) Subject to the provisions of this Act and the rules made thereunder, the Council may exercise such powers and perform such functions as may be necessary for carrying out the purposes of this Act. (2) Without prejudice to the generality of the foregoing provisions, the Council shall have the following powers and functions- (a) to maintain a register of Ayurved nursing practitioners; (b) to hear and decide appeals against the decisions of the Registrar in such manner as may be prescribed by the regulations; (c) to prescribe a code of conduct for the registered Ayurved nursing practitioners by regulations to regulate their professional conduct; (d) to penalize any registered Ayurved nursing practitioner, suspend or remove his name from the register of Ayurved nursing practitioners, or take any such other disciplinary action as the Council may deem necessary or expedient; (e) to permit any member for being absent from three consecutive meetings of the Council; (f) to promote innovation, research and development in establishment of new Ayurved nursing subjects; (g) to recommend to the State Government for including new Ayurved nursing subjects in the Schedule; (h) to make schemes for promoting Ayurved nursing education; (i) to promote an effective link between Ayurved nursing education and Ayurved/Homeopathy/Unani medical education and to promote research and development in Ayurved nursing subjects; (j) to prescribe norms and standards for courses, curricula, physical and instructional facilities, staff-pattern, staff qualifications, quality of instruction, assessment and examinations in Ayurved nursing education; (k) to set norms and guidelines for institutional charges and other fees; (l) to grant recognition to institutions conducting courses in Ayurved nursing subjects; (m) to provide guidelines for the admission of students in Ayurved nursing institutions giving Ayurved nursing education; (n) to inspect or cause to be inspected any Ayurved nursing institution; (o) to constitute a Board for conducting examinations in Ayurved nursing subjects to maintain uniformity of standard; and (p) to perform such other functions as may be prescribed by the rules.

(1) The Council may invite any person having special knowledge or experience in Ayurved nursing subjects to its meetings. Any person so invited shall have the right to take part in the discussion in the meeting but shall not have the right to vote. (2) The Council may pay to the person invited under sub-section (1) such compensatory allowances as are admissible to a member of the Council under the provisions of section 9.

(1) The State Government shall appoint an officer of the State Service as the Registrar of the Council, who shall act as Secretary of the Council and shall perform such other duties as may be assigned to him/her by this Act, rules or regulations made thereunder, or by any order of the Council specifically assigned to him/her. (2) With the prior approval of the State Government, the Council may appoint such other officers and employees as it deems necessary for the purpose of carrying out its functions under this Act. (3) The salary and other terms of service of the officers and employees of the Council shall be such as may be determined by it with the prior approval of the State Government. (4) The Registrar and other officers and employees of the Council shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860).

(1) The Council shall, as soon as may be after the commencement of this Act, and from time to time as the occasion may require, order for the maintenance of a register of Ayurved nursing practitioners which shall be organized in separate parts, in which persons to be registered shall be classified according to their qualifications. (2) The registers shall be kept in the form prescribed by the Council.

Any person holding a recognized Ayurved nursing qualification shall be entitled to be registered as an Ayurved nursing practitioner.

Application for registration by any of the persons mentioned in section 17 shall be made to the Registrar in the prescribed form and along with the prescribed fee.

(1) If the Registrar, after such inquiry as he deems necessary in the prescribed manner, is satisfied that the applicant is entitled to be registered under section 17, he shall enter his name in the appropriate register. (2) If the Registrar is not so satisfied, he shall pass an order rejecting the application for registration and shall refund the fee paid alongwith it.

(1) The Registrar shall keep and maintain the register in accordance with the provisions of this Act, the rules and regulations made thereunder, and orders made by the Council under section 16, and shall make necessary changes in the registered name and appointments, registered qualifications, and classification of registered Ayurved nursing practitioners and may remove any Ayurved nursing practitioner's name therefrom. (2) The Registrar may, for the performance of the duties imposed upon him by sub-section (1), send a registered letter by post to any person who is registered as an Ayurved nursing practitioner, to his registered address or address of place of employment, inquiring whether he has given up the profession or whether there is any change in his residence or place of employment; and if no reply to such a letter is received within a period of six months from the date of sending it, the Registrar may remove the name of such person from the register: Provided that any name removed under this sub-section may, under the direction of the Council, be entered again in the said register.

Whenever any reliable information is received regarding the death of a registered Ayurved nursing practitioner, the Registrar may, after satisfying himself about the fact of such death, remove the name of the deceased from the register.

Any entry in the registers which is proved to the satisfaction of the Registrar to have been made fraudulently or incorrectly, may be removed from the register by the Registrar by an order in writing.

(1) The Council may prohibit the registration of any person as an Ayurved nursing practitioner on any of the following grounds and, if such a person is already registered as such, may direct the removal of his name from the register, namely:- (a) he has been convicted of any such offence which, in the opinion of the Council, involves such moral turpitude that he has become unfit for the Ayurved nursing profession; or (b) he has been found guilty by the Council of any such offence which, in the opinion of the Council, shows a violation of professional discipline, negligence or rules generally involved in the discharge of his duties; or (c) he has been found guilty by the Council of professional misconduct or any conduct derogatory to the professional dignity; or (d) there are such defects in his conduct due to which, in the opinion of the Council, it would be undesirable to enter his name in the register or to keep his name in the register: Provided that no action under this section shall be taken by the Council unless through such due inquiry in which the concerned person has been given a reasonable opportunity of being heard, the concerned person has been found disqualified as specified in clause (a) or clause (b) or clause (c) or clause (d). (2) Any name removed from the register under sub-section (1) may be entered again, through a direction of the Council passed by a two-third majority of the members present and voting in a meeting, and any order of prohibition of registration passed under sub-section (1) may be withdrawn.

(1) If any person whose name is registered under this Act obtains a title or qualification different from the title or qualification in respect of which he has been registered, he shall, on payment of the prescribed fee, be entitled to have such other title or qualification entry made in the register either in replacement of or in addition to the previous entry, and may apply to the Registrar for the same. (2) The Registrar may, after making such inquiry as he deems necessary, either make the applied entry or reject the application for reasons to be recorded in writing.

(1) Any person aggrieved by any order or decision of the Registrar under section 19 or section 20 or section 21 or section 22 or section 24 may appeal to the Council within thirty days of such order or decision. (2) Each such appeal shall be heard and decided in the prescribed manner.

Any person aggrieved by any order or decision of the Council under the proviso to sub-section (2) of section 20 or section 25 may appeal to the State Government within three months from the date of such order or decision, on which its decision shall be final.

(1) The Registrar shall, every year, on or before the date fixed by the Council for this purpose, cause to be prepared, printed and published the list of all registered Ayurved nursing practitioners in the prescribed form and in the prescribed manner, specifying the prescribed particulars. (2) In every proceeding, it shall be presumed that any person whose name is entered in the latest lists published under sub-section (1) is a registered Ayurved nursing practitioner: Provided that in the case of any such person whose name is entered in a register after the publication of a list under sub-section (1) and before the publication of a new list, a certified copy signed by the Registrar of such entry shall be proof of the fact that such person is registered under this Act.

(1) No person shall, without the recognition of the Council, establish any Ayurved nursing institution or conduct any course in Ayurved nursing subjects to prepare students for obtaining any recognized Ayurved nursing qualification. (2) Application for recognition of an Ayurved nursing institution shall be made to the Registrar in such form and along with such fee as may be prescribed. (3) The Council shall make such inquiry as it deems necessary, through such inspectors, whether from among the members of the Council or otherwise, for the purpose of ensuring whether recognition should be granted or not, and shall, by order, grant recognition or reject the application for recognition. (4) Only such educational or training institutions shall be granted recognition under this Act which are in accordance with the standards set by regulations made by the Council under this Act. (5) Notwithstanding anything contained in sub-section (1), all institutions conducting Ayurved nursing courses on the date of commencement of this Act, shall apply for recognition within six months from the date of commencement of this Act and shall obtain recognition: Provided that if an institution applying for recognition under this sub-section is not in accordance with the standards set by the Council in this regard, then temporary recognition may be granted to such institution subject to the condition that facilities as per the standards set by the Council shall be made available within a period of one year from the date of granting temporary recognition. (6) If the institution fails to fulfill the condition specified in the proviso to sub-section (5) within the period specified therein, the temporary recognition granted under that sub-section shall stand withdrawn immediately.

The Council may, for such reasons to be recorded in writing and after giving the governing body or authority of the concerned institution a reasonable opportunity of being heard, withdraw the recognition of an institution with immediate effect.

Any person aggrieved by the order of the Council granting recognition or refusing to grant recognition to any institution under section 28 or withdrawing such recognition under section 29 may appeal to the State Government within three months from the date of such order, on which its decision shall be final.

(1) The Council shall have the power to require from the governing body or authority of any recognized institution- (a) to submit such reports, statements or other information as may be required by the Council to enable it to judge the efficiency of the institution or the education or training being imparted therein; and (b) to provide facilities to enable any such member of the Council, as has been appointed in this behalf by the Council, to be present at the examinations held by such institution. (2) The Council shall have the power to inspect any such institution and for this purpose the Council may appoint a committee of not less than three and not more than five members to inspect the said institution and submit a report to the Council in relation thereto.

The Council, if satisfied that any qualification granted by any authority outside the territories of the State of Rajasthan in Ayurved nursing subjects provides sufficient substantiation of the required skill and knowledge, may declare such qualification as a recognized qualification for the purposes of this Act and may, at any time for reasons appearing to be sufficient, declare that such qualification shall be deemed to be a recognized qualification, subject to such additional conditions, if any, as may be specified by the Council, only when it was granted before or after the specified date: Provided that, except for a citizen of India, no person holding such qualification shall be deemed to be qualified for registration under this Act unless, by the law and practice of such State or country in which the qualification was granted, persons of Indian origin holding such qualification are allowed to enter into and practice the Ayurved nursing profession.

Declarations under section 32 shall be made by passing a resolution in the meeting of the Council and shall become effective as soon as they are published in the Official Gazette.

(1) The Council may, with the prior approval of the State Government, set the scale of fees payable in relation to all matters and proceedings provided for in this Act or the rules and regulations made thereunder, and may provide for the mode of their payment. (2) Such fees shall be utilized for the purpose of this Act and the rules and regulations made thereunder.

(1) The Council shall establish a fund to be known as the Fund of the Council. (2) The following shall be part of the Fund of the Council, or shall be paid into it, namely:- (a) any contribution or grant given by the Central Government or the State Government; (b) income of the Council from all sources, including income from fees and fines; (c) gifts, endowments and other grants, if any; and (d) any other amount received by the Council. (3) The management and administration of the Fund of the Council shall be done in the prescribed manner. (4) The Fund of the Council shall be utilized for the following purposes, namely:- (a) for the repayment of loans incurred by the Council for the purposes of this Act; (b) for the expenses of any suit or legal proceedings to which the Council is a party; (c) for the payment of salary and allowances of the officers and staff of the Council; (d) for the payment of allowances of the office-bearers of the Council; (e) for the payment of any expenses incurred by the Council in carrying out the provisions of this Act and the rules and regulations made thereunder; and (f) for any other expenses incurred for the promotion and development of Ayurved nursing education, research and training, which are declared by the Council to be in the general interest of Ayurved nursing education and profession.

(1) The accounts of the Council shall be prepared before such date and at such intervals and in such manner as may be prescribed. (2) The accounts of the Council shall be audited in such manner and by such authority as may be prescribed. (3) As soon as the accounts of the Council are audited and approved by the Council, the Council shall send a copy of the same to the State Government.

(1) The Registrar shall, in such form as may be prescribed, prepare the budget showing the estimated receipts and expenditure for the forthcoming financial year and place it before the Council at such time and in such manner as may be prescribed. (2) The Council shall be competent to re-appropriate such amounts as are necessary from one head to another and between such heads or sub-heads. (3) The Council may, whenever required, pass a supplementary budget in such form and by such date as may be prescribed.

No person in the State shall, either directly or indirectly, practice as an Ayurved nursing practitioner or represent himself as such unless he has been registered under this Act and no registered Ayurved nursing practitioner in the State shall, either directly or indirectly, practice as an Ayurved nursing practitioner or represent himself as such in any specialty area other than the specialty area covered by the recognized qualification he holds in that Ayurved nursing subject.

(1) Any person who- (a) dishonestly uses a registration certificate issued to him or to any other person under this Act and the rules and regulations made thereunder; or (b) obtains or attempts to obtain registration under this Act and the rules and regulations made thereunder by making or presenting or causing to be made or presented any false or fraudulent declaration, certificate or representation, in writing or otherwise; or (c) obtains or attempts to obtain fraudulently the entry of a new title or qualification under section 24; or (d) knowingly makes or causes to be made any falsification in the registers maintained or certificates issued under this Act and the rules and regulations made thereunder; or (e) being the secretary, manager or any other officer of any recognized institution, issues a certificate or authorizes the issuance of a certificate to any person in violation of the provisions of this Act or the rules and regulations made thereunder; or (f) violates the provisions of section 38, shall, on conviction, be punishable with imprisonment which may extend to two years, or with fine which may extend to Rs. 2,00,000, or with both. (2) Any person who violates any of the provisions of this Act or the rules or regulations made thereunder and if such violation does not fall under the provisions of sub-section (1), shall, on conviction, be punishable with fine which may extend to Rs. 1,00,000.

No court shall take cognizance of any offence punishable under this Act or the rules or regulations made thereunder, except on a complaint made by the Registrar with the prior approval of the Council.

If at any time it appears to the State Government that the Council has failed to exercise any power conferred upon it by this Act, or has abused or misused it, or has failed to perform the duties imposed upon it, the State Government may, if it considers such failure, abuse or misuse of a serious nature, notify the particulars to the Council and, if the Council fails to remedy such failure, abuse or misuse within such time as may be fixed by the State Government, it may dissolve the Council and may cause all or any of the powers and duties of the Council to be exercised and performed by such agency and for such period, not exceeding six months, as it may deem proper: Provided that the State Government shall reconstitute the Council before the expiry of six months from the date of dissolution of the Council.

(1) The State Government may, by notification in the Official Gazette, make rules to carry out generally the purposes of this Act. (2) Without prejudice to the generality of the foregoing provision, such rules may provide for the following matters, namely:- [Content truncated in source]

इस अ=ध नयम के अधीन बनाये गये सम6त नयम और /व नयम उनके इस कार बनाये जाने के पdचात् यथाश<य शीu रा य /वधान-मEडल के सदन के सम3, जब वह सa म हो, चौदह दन से अ9यून क कालाव=ध के #लए, जो एक सa म या दो उ.तरो.तर सa1 म समा/वkट हो सकेगी, रखे जाय गे और य द, उस सa क , िजसम वे इस कार रखे गये हh या ठ क अगले सa क समाि त के पूवB रा य /वधान-मEडल का सदन ऐसे ^क9ह5ं भी नयम1 या /व नयम1 म कोई भी उपा9तरण करता है या यह संक|प करता है ^क ऐसे कोई नयम या /व नयम नह5ं बनाये जाने चा हएं तो त.पdचात् ऐसे नयम या /व नयम केवल ऐसे उपा9त'रत Wप म भावी ह1गे या, यथाि6थ त, उनका कोई भाव नह5ं होगा, तथा/प, ऐसा कोई भी उपा9तरण या बा तलकरण उनके अधीन पूवB म क गयी ^कसी बात क /व=धमा9यता पर कोई तकूल भाव नह5ं डालेगा।

रा य सरकार, इस न#म.त प'रष) क #सफा'रश पर, राजपa म अ=धसूचना )वारा, अनुसूची म नये आयुव"द न#स%ग /वषय को अ9तः6था/पत करके उसे संशो=धत कर सकेगी और ऐसी अ=धसूचना के काशन क तार5ख को और से अनुसूची तदनुसार संशो=धत हो जायेगी।

इस अ=ध नयम )वारा द.त ^कसी शि<त का योग करते हुए ^कसी Uयि<त )वारा सnावनापूवBक ^कये गये ^कसी कायB के संबंध म उस Uयि<त के /वvw कोई दावा या अ9य /व=धक कायBवाह5 नह5ं होगी।

the governing body or authority of any recognized institution– (a) to furnish reports, returns or other information as the Council may require to enable it to judge the efficiency of the institution or the education or training imparted therein; and (b) to provide facilities to enable any member of the Council, deputed by the Council in this behalf, to be present at the examinations to be held by any such institution. (2) The Council shall have power to inspect any such institution and may for the purpose appoint a committee of not less than three and not more than five members of the Council to inspect the same and submit a report in regard thereto to the Council.

[See section 2(d)] 1. Sharir Rachana Va Kriya (Sharir); 2. Paricharya Ka Mool Siddhant/ Paricharya Ka Itihas; 3. Swasthvritta; 4. Aushadh Dravya Parichaya/ Dravyagun; 5. Ras-shala/ Ras-shastra Bhashajya Kalpna; 6. Vikrati Vigyan; 7. Rog Nidan; 8. Computer Education and Audio Visual Medium; 9. Chikitsa Parichrya/ Chikitsa; 10. Shalya-shalakya Parichrya/ Shalya-shalakya; 11. Stree Prasuti Rog Parichrya/ Prasuti Stree Rog; 12. Bal Swasthya Parichrya/ Komar Bhritya; 13. Panch Karm Parichrya/ Panch Karm and Prakratic Chikitsa; 14. Rogi Parichrya; 15. Agad Tantra and Atyayic Chikitsa; 16. Mano Swasthya Parichrya.