(1) This Act may be called the Assam YOGA COUNCIL ACT, 2018.
(2) It extends to whole of Assam.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Definitions 2. In this Act, unless the context otherwise requires,-
(a) "Accreditation" means the recognition granted to educational institutions and hospitals to signify the attainment of an acceptable level of professional expertise, academic quality and integrity;
(b) "Competent Authority" means the Assam Yoga Council, which shall grant registration and accreditation under this Act and the rules made hereunder and shall have the authority to conduct inspections and evaluation visits for the purpose;
(c) "Council" means the Assam Yoga Council constituted under section 3;
(d) "Hospital" means a Yoga and Naturopathy Hospital with minimum of ten in-patient beds and an out-patient department;
(e) "Institution" means,-
(i) Medical college conducting the Bachelor of Naturopathy and Yogic Sciences (BNYS) Course and Post-graduate Courses;
(ii) Yoga based treatment institution; and
(iii) Research institute on yoga;
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(iv) Universities conducting Bachelor degree, Master degree and Research in Yogic science and Naturopathy.
(f) "Member" means a member of the Council;
(g) "Practitioner" means a person who practices Yoga as his principal occupation;
(h) "Prescribed" means prescribed by rules made under this Act;
(i) "President" means the President of the Council;
(j) "Register" means the Register of Yoga practitioners maintained under this Act;
(k) Registered Yoga Practitioner" means a Yoga Practitioner registered under the provisions of this Act and the rules made there under;
(l) "Registrar" means the Registrar of the Council and shall be deemed to be the Registrar for all purposes of this Act;
(m) "Registration" means the registration of Yoga Practitioners under this Act;
(n) "Regulations" means the regulations made by the Council under this Act;
(o) "Rules" means the rules made by the State Government under this Act;
(p) "Teacher" means any person appointed to hold a teaching post by a Yoga institution affiliated to, or recognized by the Council;
(q) "Vice-President" means the Vice-President of the Council;
(r) "Yoga" means a set of physical, mental and spiritual practices for holistic enhancement of health, generally based on the principles as prescribed in Yoga Sutra by Patanjali.
Constitution of the Council
3. As soon as may be after the commencement of this Act, the State Government shall, by notification in the Official Gazette, establish a body corporate with perpetual succession and a common seal named the Assam Yoga Council. The Council shall be entitled, to acquire and hold movable and immovable property, to transfer such property, to enter into contract and to do all things necessary for the purposes of this Act and shall by its name sue and be sued.
3 Composition of the Council
4.
(1) The Council shall consist of the following members:
(a) A President nominated by the State Government;
(b) A Vice-President nominated by the State Government;
(c) Three members nominated by the State Government of whom two shall be registered Yoga Practitioners;
(d) One member nominated by the Vice-Chancellor of the Srimanta Sankaradeva University of Health Sciences, Assam;
(e) The Principal of the State Yoga College, ex-officio, when such college is established;
(f) The head of the Yoga Research Institute ex-officio, when such Institute is established (Provided that until the institutions referred to in clauses (e) and (f) are established, the Principals or head of existing similar institutions or other suitable persons may be nominated by the State Government;)
(g) Three members who are citizens of India, elected from such constituencies and in such manner as may be prescribed, by the registered Yoga Practitioners from among themselves.
(2) Notwithstanding anything contained in this Act, on the first constitution of the Council after its establishment, all the members of the Council shall be nominated by the State Government and the State Government shall also nominate the President and the Vice-President.
Power of State Government to nominate members in certain circumstances
5. If the nominating authority referred to in clause (d) of sub-section (1) of section 4, or the electoral body referred to in clause (g) of the said subsection, fails by the prescribed date, to nominate or elect the requisite number of member or members which such authority or body is entitled to nominate or elect, the State Government shall fill up the office of such member or members by nomination of a person or persons qualified to be nominated or elected by such authority or body. Any person so nominated by the State Government shall be deemed to have been duly nominated or elected as a member by such authority or body.
Disqualification for nomination or election
6.
A person shall be disqualified for being nominated or elected as a member of the Council, if:
(a) He has been convicted of any offence involving moral turpitude;
(b) He is an un-discharged insolvent;
(c) He has been adjudged by a competent court to be of unsound mind;
(d) He is an employee of the Council;
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(e) He has directly or indirectly any share or interest in any contract with, by or on behalf of the Council;
(f) He has been dismissed from the service of the Central Government or a State Government or a local authority on a charge of gross misconduct for an offence involving moral turpitude;
(g) He is a person under the age of 25 years.
Publication of names of members
7. The name of every member nominated or elected under section 4 or section 5 shall be published by the State Government in the Official Gazette.
Cessation of membership
8. A person shall cease to be a member of the Council,-
(a) If, without obtaining the permission of the Council, he is absent from three consecutive meetings of the Council; or
(b) If, having been nominated or elected as a registered Yoga practitioner, he ceases to be such a registered practitioner; or
(c) If he becomes subject to any of the disqualifications referred to in section 6.
Filling of casual vacancies
9.
(1) If any member dies or resigns his office or ceases to be a member for any other reason, the vacancy shall be filled up within six months by a fresh nomination or election under section 4 or section 5, as the case may be, and the member so nominated or elected shall hold office for the unexpired period of the term of office of the member whose place he fills.
(2) If any member referred to in clauses (b) to (f) of sub-section (1) of section 4 is nominated as President or Vice-President, as the case may be, there shall be a vacancy in that membership which shall be filled up under sub-section (1) of this section.
Term of office of Members