(1) All fees payable under this Act shall be paid to the Council.
(2) An account of all assets and liabilities of the Council and of all fees, sums, grants, donations, gifts and endowments received by it and of all expenses and disbursements incurred or made by it shall be maintained in the prescribed manner.
(3) The account of the Council shall be entrusted to the AG (Audit), Assam by the Health & FW Department and the Audit report shall be submitted to the State Government and to the Council for further appropriate actions.
Power to amend Schedule
40. The State Government may, by notification published in the Official Gazette, amend the Schedule appended to this Act.
14 Power to make rules
41.
(1) The State Government may, by notification published in the Official Gazette, and with prior approval of Finance Department, make rules for carrying out the purposes of the Act.
(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 election of members of the Council and members of the Executive Committee;
(b) The functions to be performed by the President and the Vice- President;
(c) The declaration of offences including moral turpitude and misconduct;
(d) The fees payable under this Act;
(e) The expenses to be made under section 16;
(f) The salaries and allowances to be paid to the Registrar, the officers and staff;
(g) The procedure for applying for different classes of registrations and granting registrations thereof;
(h) The procedure for affiliation and accreditation to the Yoga Colleges and Institutions;
(i) The course prescribed for Bachelor of Naturopathy and Yogic Sciences Degree;
(j) The manner in which the account referred to in sub-section (2) of section 39 shall be maintained;
(k) The procedure to be followed by the Council in:-
(i) Conducting an enquiry under clause (c) of sub-section (2) of section 23;
(ii) Disposing of appeals from the decision of the Registrar preferred under section 26;
(l) the procedure for disposal of appeal made to the State Government under section 26;
(m) Any other matter which may be or is required to be, prescribed under this Act.
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(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the State legislature, while it is in session as may be after it is made, before the State Legislature, while it is in session, for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the State Legislature agrees in making any modification in the rule or the State Legislature agrees 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.
Power to make regulations
42.
(1) The Council may, with the previous approval of the State Government, by notification published in the Official Gazette, make regulations, not inconsistent with the provisions of this Act and the rules made there under for discharging its functions under this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters:-
(a) The conduct of business of the Executive Committee and of Committee appointed by the Council;
(b) The time and place at which each meeting of the Council or Executive Committee shall be held;
(c) The issue of notices convening such meeting;
(d) The conduct of business thereat;
(e) Any matter for which power to make regulations is conferred expressly or by implication on the Council by this Act.
Control on Council by State Government
43. If, at any time, it appears to the State Government that the Council has failed to exercise or abused a power conferred upon it by or under this Act or has failed to perform a duty imposed upon it by this Act, the State Government may, if it considers such failure excess or abuse to be of a serious character, after giving the Council an opportunity of being heard, notify the particulars thereof to the Council, and if the Council fails to remedy such failure, excess or abuse within such time as may be fixed by the State Government in this behalf, the State Government may dissolve the Council and cause all or any of the powers and duties of the Council to be exercised and performed by such other agency and for such period as it may think fit.
16 THE SCHEDULE (See section 25) Qualifications enabling a person to have his name entered in the Register
PART A Sl.
No.
Description of the Qualifications. Name of the managing body or authority granting or conferring
1. BNYS(Bachelor of Naturopathy and Yogic Science) 5 Years or 5+1 years course From any University set up by a statute in India.
2. MNYS (Master of Naturopathy and Yogic Sciences)-3 years course the qualifications and its location.
Awarded by any Government Recognized University in India
3. Bachelor in Yoga Sciences (BYSc) and Master degree in Yoga and Naturopathy.
Awarded by any Government Recognized university in India
PART B Every person possessing any qualification not mentioned in Part A on the basis of which his name has been registered in the Yoga Board or Council established by any State Government within the Indian Union.
S. M. BUZAR BARUAH, Commissioner & Secretary to the Government of Assam, Legislative Department, Dispur, Guwahati-6