. y 12 MINISTER OF HOME AFFAIRS a NOTIFICATION New Delhi, the Gth January 1961 G.S.R. 41.—In exercise of the powers conferred by section 2 oi the Union Territories (Laws) Act, 1950 (30 oi 1950), the Central Government hereby extends to the Jnion territory oi Himachal Pradesh the East Punjab Ayurvedic and Unani Practitioners Act, 1949 (East Punjab Act No. XIV oi .1U49), as at present m force in the State of Punjab, subject to the following modifications, namely:— Modifications
1. (i) For the words "State Government" or "Punjab Government" wherever they occur except in clause (3) of section IS, the words ' 'Lieutenant Governor" shall be substituted, and there shall also be made in any sentence in which those words occur such consequential amendments as the rules of grammar may require;
(ii) for the expression "Board of Ayurvedic and Unani Systems of Medicine, Punjab", wherever it occurs the expression "Board of Ayurvedic and Unani Systems of Medicine, Himachal Pradesh" shall be substituted; !,
(iii) for the word "Punjab" wherever it occurs except in the expressions "Punjab Government" and "Board oi Ayurvedic and Unani Systems of Medicine, Punjab" and the short title, the words "the Union terri- \ tory of Himachai Pradesh" shall be substituted; and
(iv) for the words "Official Gazette" or "Punjab Government Gazette" wher- • ever they occur, the words "Himachal Pradesh Gazette" shall be sub- | stituted.
2. In section 1, for sub-sections (2) and (3), the following sub-sections shall be substituted, namely:— "(2) It extends to the whole of the Union territory oi Himachal Pradesh.
(3) It shall come into force on such dato as the Lieutenant Governor may, by notification in the Himachal Pradesh Gazette, appoint,"
3. In section 2, after clause (4), the iollowing clause shall be inserted, namely:— "(4A.) 'Lieutenant Governor' means the Lieutenant Governor of Himachal Pradesh."
4. In section 14, in sub-section (1), Cor the word "Government" where it occurs for the Erst time, the words "Lieutenant Governor" shall be substituted.
5 In section 18;
(i) for clause (1), Lhe following clause shall be substituted, namely:— "(1) The expression "legally qualified medical practitioner" or "duly qua lified medical practitioners" shall in all enactments for the time being in force in Himachal Pradesh {other than Central Acts In so far such Acts relate to any of the matters specified in list I in the Seventh Schedule to the Constitution) include a registered practi tioner whose name is in Pa r t I or Par t EI oi the Register."
(ii) fa clause (3), for the words "State Government", the words "Central Government" shall be substituted.
(3. In section 33, for the words "part of Ih™State", the wards "part of the Union territory of Himachal Pradesh" shall he substituted.
7 In section 34, in sab-section '• '• ' ' ! the words "in this State", the words "in the Union territory of Himachal Pradesh" shall be sttfesfitiitetL .
8. In section 38, for clause (b), the following clause shall be substituted, name]' — "(b) -who, being a nurse or midwife registered under any law for the ti-&-£ being in force or a Dai attends on a case of labour; or".
ANNEXURE SUE EAST PUNJAB AYURVEDIC AND UNANI PRACTITIONERS ACT, 1949 AS EXTENDED TO THE UNION TERRITORY OF HIMACHAL PRADESH EAST P U N J A B ACT NO. XIV OF 1349.
An Act to regulate the qualifications and to provide jor the registration of practitioners of Indian Systems of Medicine with a view to encouraging its deve lopment.
"Whereas it is expedient to regulate the qualifications and to provide for the registration of practitioners of the Ayurvedic and Unani Systems of Medicine with a view to encourage the development of such systems, it is hereby enacted as follows:—•
PART I—PRELIMINARY.
1. Short Hile extent and commencement.—(1) This Act shall be called the East Punjab Ayurvedic and Unani Practi t ioners Act, 1949.
(2) It extends to the whole of the,Union Territory of HimachaL Pradesh,
(3) It shall come into force on such date as the Lieutenant Governor may, by notification in the Himachal Pradesh Gazette, appoint.
PART II—AYURVEDIC AND UNANI SYSTEMS o r M I ^ I C I N E
2. Definitions.—In this Act, unless there is anything inconsistent in the subject or context,—
(1) "Board" means the Board of Ayurvedic and Unani Systems of Medicine, Himachal Pradesh, established and constituted under section 3.
• (2) The "Ayurvedic system" means the Ashtang Ayurvedic System ""and includes the modernized form thereof including the Siddha.
(3) The "Unani system" means the Unani Tibbi System of Medicine and includes the modernized form thereof,
(4) "Inspector" means an Inspector appointed by the Board under section
21.
(4A) "Lieutenant Governor" means the Lieutenant Governor of Himachal Pradesh.
(5) "Practitioner" means one who practises the Ayurvedic and/or Unani Systems of Medicine.
(6) "President" means the President of the Board.
(7) "Qualifying Examinat ion" means the examination heicl for the purpose of granting a degree, diploma, licence or certificate conferring the right of registration under this Act.
(8) "Register" means the register of practitioners maintained under section IS.
(0) "Registered practi t ioner" means a practitioner whose name is for the time being entered in the register.
(10) "Registrar" means a Registrar appointed under section 14.
(11) "Regulations" means regulations made under section JO.
(12) "Rules" means rules made under section 23.
3.Esta&is&saeaf;, esiisilfaatimi aiscl incorporation of the • Boar;!,—(!) The Lieutenant Governor shall by notincation in the Himachal Pradesh Gazette establish a Board to be called the Beard of Ayurvedic and Unani Systems of Medicine, Himachal Pradesh, tor the purpose of carrying out the provisions of .us Act. Such Board shall be a body corporate, having perpetual succession and a common seal with power to acquire or hold property, both moveable and immoveable, and shall by the said name sue and be sued.
i2) The Board shall consist of 11 members residing in the Union terr i tory of Himachal Pradesh of whom—
(a) four members shall be nominated by the Lieutenant Governor, one of them, if possible, being a person connected with institutions established in the Union terr i tory of Himachal Pradesh and affiliated to the Board for the purpose of giving instructions in Ayurvedic and/ or Unani Systems of Medicine as the Lieutenant Governor may deter mine;
(b) seven members, of whom not less than four shall be persons holding a certificate or diploma in the Ayurvedic or Unani Svstem, shall be elected by the Registered Practit ioners from amongst themselves.
(3) The President of the Board shall be elected by the members from amongst themselves: provided that for the first term of the Board, the President shall be a person nominated by the Lieutenant Governor from amongst the members, who shall hold the office at the pleasure of the Lieutenant Governor.
(4) Save as otherwise provided, the seven seats of members und^r clause (b) of sub-section (2) shall be distributed proportionately to their numbers, as counted on the prescribed date before the election, between those registered practitioners who follow the Ayurvedic System and those 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.
(5) Notwithstanding anything in sub-section (4) the seven members mentioned under clause (b) of sub-section (2) shall, in the case of the first Board to be constituted, be nominated by the Lieutenant Governor in such proportion as he may think fit from among practitioners oE either system who are eligible to be registered practitioners, and such members shall be deemed to have been duly elected under clause (b) of sub-section (51):
Provided that not less than four of such members shall be persons holding a certificate or diploma in Ayurvedic or Unani System of Medicine.
4. Nomination of membevs in tlefanll; of electhm.—If any of the members is not elected und~r clause <b) of sub-section (2) of section 3. the Lieutenant Governor may, notwithstanding anything contained in sub-section (2) of the said section.
nominate such registered practit ioners as he deems fit and the practi t ioners so nominated shall for the purpose of this part be deemed to have ~be'eTi duly elected under clause <b) of sub-section (2) of section 3.
5. Election of Members.—The election of practit ioners entit led to be members of the Board undsr clause <b) of sub-section (2) of section 3, shall be held at such time and place and in such manner as may bo prescribed bv rules and where any dispute arises regarding any such election, it shall be referred to the Lieutenant Governor whose decision shall be final.
5. Term of Office.—(1) Save as otherwise provided, the te rm of office of elected and nominated members shall be for a period of five years commencing from th" date on which the first meeting of the Board is held after the members are elected under sub-section (2) of section 3:
Provided that the ferm of office of members appointed to the Board constituted immediately after this Act comes into force, shall be for a period of three years from the date on which the first meeting of such Board is held,
(2) An outgoing member shall continue In office until the election or nomina tion ox his successor as the case m a y be.
(3) The outgoing member shall be eligible for re-nominat ion or re-election.
f; Vacancies.—li: a vacancy occurs in the office of a member of the Board through death, resignation, removal or disability of 3ueh member or ofcher-whe previous to the expiry of the period of his oniee, the vacancy shall be tilled in the manner proscribed by rules. Any person aofoiriated or elected to nil the vacancy shall, notwithstanding anything contained in section 5, hold office only so long s4 the member in whose place he is nominated or elected would have held office if the vacancy had not occurred.
8 Resignation of a member.—Any member may at any t ime resign his office by letter addressed to the President. Such resignation shall take effect from the date on which it is accepted by the Board.
9. Disabilities for continuing as member.—If any member during the period for which he has been nominated or elected—
(a) absents himself without such reasons as may, in the opinion of the Board, be sufficient, from th ree consecutive ordinary meetings of the Board^ or tffl becomes subject to any of the disqualifications mentioned in section 10, the Board shall declare his office to be vacant.
10. Disqualifications.—No person shall stand as a candidate for election as a member of the Board or shall be a member of the Board—
(a) who is an undischarged insolvent, (bj who has been adjudicated by a competent Court to be of unsound mind, or fc) whose name has been removed from the Register.
11. Validity of Proceedings—No disqualification of or defect ini thes election or nom nation of any person acting as a member of the Board or as the President or p S h i g authority of a meeting shall be deemed to vitiate any act or proceedings of the B=oard, in which such, person has taken part.
12 Time and ^lace of meeting of the Board.—The Board shall meet at such time and place and every meeting of .the Board shall be summoned in such maiiner as may be prescribed by regulations:
Provided that until such regulations are made, it shall be lawful 'for the President to summon a meeting of the Board at such t ime and place a s he may deem expedient by letter addressed to each member. j - •n PWMWMJUM a t meetings of the 5Joarn.—(1) The President shall preside at every S S n ? M S t S B S S . £ ? ? * . * absence of the President, the members present shall elect one of them to preside.
(2) All questions at a meeting of the Board ahall be> decided by the votes of the majority of the members present and voting at the meeting.
m F , m e m b e r s shall form a quorum, provided that when a meet ing . is adjourned for w n t of a quorum to a subsequent date, no quorum shall be required for the meeting held on such date.
Ml At everv meeting of the Board, the President, for the time being shall in a d U o n to i L ^ o t e as a member of the Board, have a second or casting vote in case of equality of votes.
pleasure of the Lieutenant Governor.
Governor.
m The Board may appoint such other officers and servants as may be neces sary for the purposes of this Act:
governor .
5
(4) The Registrar and any other officer or servant appointed under this section shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
15. Duties of Registrar.—(1) Subject to the provisions of this Ac t ' and the rules thereunder and subject to any general or special orders of the Board, it shall be the duty of the Registrar to keep the Register.
(2) The Register shall be in such form as may be prescribed by the rules and shall contain the name, address and qualifications of every registered practitioner together with the dates on which such qualifications were acquired. The Register shall be divided into three parts:—
(i) that containing the names of the practi t ioners qualified to practise the Ayurvedic System;
(ii) that containing the names of the practit ioners qualified to practise the Unani System, and
(iii) that containing the names of practitioners registered under sub-section
(2) of section 16.
(3) The Registrar shall keep die Register correct as far as possible and may from time to t ime enter therein any mater ia l alteration in the address or qualifica tions of the practitioners. The names of the registered practit ioners who die or whose names are directed to be removed from the Register under sub-section (3) of section 16 shall be removed from the Register.
(4) A registered practitioner shall, on payment of such fees as may be pres cribed by the rules, be entitled to have entered in the Register any further degrees, diplomas or certificates or other qualifications in Ayurvedic or ITnani Systems of Medicine or other recognised medical degrees, diplomas or certificates, which he may obtain.
(5) For the purpose of this section, the Registrar may write by registered post to any registered practitioner at the address which is entered in the Register to enquire whether he has ceased to practise or has changed his residence and, if no answer is received to the said letter within six months, the Registrar may remove ths? name of the said practitioner from the Register:
Provided that the Board mav, if it is satisfied that the said practi t ioner has not ceased to practise, on the application of the said practitioner, direct that his name be re-entered in the register.
16. Registration.—(1) Every person possessing the qualification mentioned in the schedule shall, subject to the provisions contained in the Act and on payment of such fees as may be prescribed in this behalf, be entitled to have his name entered in the register subject to such conditions as the Board may prescribe:
Provided that an application for entrv in t h e register made by a person whose case is not clearly covered by the provisions of this Act or by the rules and regu lations made thereunder , shall be referred to the Board for such decision as it may deem fit.
(2) Notwithstanding anything contained in sub-section (1), every person, who, within a period of two years from the da te on which this Act comes into force, proves to the satisfaction of the Registrar that h e has been En regular practice as a practitioner for a period of not less than ten years preceding the date on which he makes an application for being registered as a practi t ioner under this Act, shall be entitled to have his name entered In the register on payment of the prescribed fee.
(3) The Board may direct that the name of any practitioner who has been convicted of a cognizable offence as defined in the Code of Criminal Procedure, 1098, which discloses such defect of moral character as is, in the opinion of the Board, sufficient to make him unfit to practise his profession, or who has been found, after due inquiry, guilty of conduct which is in the opinion of the Board infamous in any professional respect, :;iiail be removed from the register.
(4) The Board may, on sufficient: cause brdng shown, also direct that the name at the practit ioner so removed, shall be ro-entered in the register.
VI. Appeal to Board from b-drlon of Registrar and other powers of the Board.—
(1) Any person aggrieved by the decision of the Registrar regarding registration of any person or any entry in the register may appeal to the Board.
(2) Such appeals shall be filed and shall be heard and decided by the Boards in the manner prescribed by the rules.
(3) The Board may, on its own motion or on the application of any person.
after due and proper enquiries and after giving an opportunity to the person concerned of being heard, cancel or al ter any entry in the Register, if, in the opinion of the Board, such entry was fraudulently or incorrectly made.
13. Qualified practitioners' certificates.—Notwithstanding anything in any law for the time being' in force—
(1) the expression "legally qualified medical practit ioner" or "duly qualified medical practit ioners" shall in all enactments for the t ime being in force in Himachal Pradesh '{other than Central Acts in so far as such Acts relate to any of the matters specified in List I in the Seventh Schedule to the Constitution) include a registered practitioner whose name is in part I or pa r t II of the Register;
(2) a certificate required by any Act from any medical practitioner or medical officer shall be valid, if such certificate has been signed by a registered practitioner whose name is in part I or pa r t II of the register:
Provided that a certificate of illness may be issued by any practitioner registered under this Act;
(3) a registered practit ioner shall be eligible to hold any appoin tment as a Medical Officer in any Ayurvedic or Unani disppnsary or hospital supported by or receiving a" grant from the Central O^-err .ment and treat ing patients according to the Ayurvedic or Unani Systems o:
Medicine or in any public establishment, body or institution dealing with such systems of medicine.
19. Notice of death.—Every Registrar of Deaths on receiving notice of the death of a registered practitioner shall forthwith transmit by post to the Registrar a certificate under his own hand of such death with thri particulars of time and place of death and may charge the cost of such certificates and transmissions as an expense of his office.
20. Examination before registration.—Notwithstanding anything contained |n sub-section (2) of section 16, on and after the expiry of one year from the date from which this Act comes into force, a person shall not be entered in the Register as a registered practitioner unless he holds the qualification mentioned in sub section (1) of section 16,
21. Qualifying Exarmnation.—f 1) The Board shall by r e g u l a t i o n s - fa) recognise institutions as required under paragraph 3 of the Schedule;
(b) prescribe the course of training and qualifying examinations, including " the course of training and examinations prior to qualifying examina tions. Such regulations shall provide that instruction and examina tions shall, as far as possible be given or held in the languages specified therein.
(2) A qualifying examination shall be an examination in the Ayurvedic and Unani Systems of Medicine held for the purpose of granting a diploma, degree or certificate conferring the right of registration under this par t , by any of the institutions which, on the recommendations of the Board, may be specified by the Lieutenant Governor by a notification in the Himachal Pradesh Gazette a s being authorised to hold a qualifying examination.
(3) U shall b " the duty of the Board to secure the maintenance of an adequate standard of proficiency for the practice of the Ayurvedic and Unani Systems of Medicine For the purposes of securing such a standard, the Board shall have anfhoritv to call on the governing body or authorities of any institution giving instruction in the Ayurvedic or Unani Systems of Medicine and on any examining body, authorised by or desirous at being authorised under sub-sec .ion (2)—
(a) to furnish such particulars as the Board shall require of any course of study prescribed by regulations or examination held by such body or authority or in such school or college wi th reference to the grant oi any qualification; and rhl fo permit Inspectors appointed by the Board from amongst the ! registered practit ioners m this behalf to attend and be present at all or any oi the qualifying or prior exaraipations.
s*-
(4) The Inspectors shall not interfere wi th the conduct of any examination but it snail be their duty to report to the Board their opinion as to the sufficiency or insuihciency of every examination which they attend and any other matters in relation to such examinations on which the Board may require them to report .
(5) Every qualifying examination and every prior examination leading up to i t held by the bodies or institutions authorised under this section shall be inspected by the Inspectors at least once in three years and more frequently if the Board so directs.
(6) The Board shall forward a copy of every such report to the body which held the examination in respect of which the said report was made and shall also forward a copy of such report, together with any observations thereon made by th2 said body, to the Lieutenant Governor.
(7) An Inspector shall receive such remunerat ion to be paid as par t of the expenses of the Board, as the Beard, with the previous sanction of the Lieutenant Governor, may determine.
22. Removal of institutions authorised to hold qualifying examinations.—If it shall appear to the Lieutenant Governor on the repor t of the Board that the course of study and examinations prescribed by any of the institutions specified in the notification under section 21 are not such as to secure the maintenance of an ade quate standard of proficiency for the practice of the Ayurvedic and TJnani Systems of M dlcine, as the case may be, it shall be lawful for the Lieutenant Governor, from time to time, by not til cat ion in the Himaehal Pradesh Gazette, to direct that the said institution shall be removed from the said notification and shall not be auihonsed to hold a qualifying examination:
Provided that , before any direction lor the removal of an institution from the said notification is made under this section, the Board shall require the institution to take steps within such time as it thinks fit to provide that the course of study and examinations prescribed by the institution are of an adequate s tandard.
23. "Exemption from serving' an inquests.—Notwithstanding anything in any other law for the time being in 1'orce, every registered practit ioner shall be exempt, if he so desires, from serving on any inquest or as a .juror or assessor under the Code of Criminal Procedure, 1893.
24. f&ea payable to members oS the Sioard.—There shall be paid to the mem bers of the Board such fees and allowances for at tendance and such reasonable travelling allowances as shall from time to t ime be prescribed by rules.
25.. l?«es received by the Board.—All moneys received by the Board as fees under this Act shall be applied for the purposes of this Act in accordance with the rules.
26. A m u m List of Practitioners.— i L) The Registrar shall in every year, on or before a 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 elates when such qualifications were acquired.
(2) I:i any proceeding it shall be presumed that every person entered in such list is :\ registered practit ioner and that any person not so entered is not a registered practitioner.
27. KtlSfi assumption »1 iseaftifioate oi diploma. to he an offeJK'f.—Whosoever voluntarily and .'.>' :ety assumes or us' y title or description or any addition to his name implying that he holds a diploma, licence, or certificate conferred, granted o-V issued by any Of the insili.it lions specified in the notification under section 21, Ot that he is qualified to practise the Ayurvedic or Unani Systems o£ Medicine, or thai (to Is a registered pra< utionsr shall, on conviction, be punishable •,. ifh fin extend to G flie first offence and to one which may e:-:ten." to '"••••' sa^e.
25. Adef-dlen ftf fcas Sclia'dnto.-—It shall b.e lawful for cho Lieu ta ian t Governor tiv notification in Lh« I-IimachaJ Pradesh Gazette to alter the schedule.
2D. - i l ) L'h.j L .... Governor may, after previous publication, make rules to carrj out al! or itwy of ths purposes of this part.
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(2) In particular and without prejudice to the generality of the foregoing power, the Lieutenant Governor may make rules for any of the following matters:— f
(a) The time at which and the place and manner in which election shall he held under section 5.
(b) The manner in which vacancies shall be filled under section 7.
(c) The manner in which the meetings of the Board shall be convened and held.
(d) The salary, allowances and other conditions of service of the Registrar under section 14.
(e) The form of the register and the particulars to be entered therein under section 15.
(£) Fees chargeable for the alteration of entries in the register.
(g) The manner in which appeals against the decision of the Registrar shall be heard by the Board under section 17.
(h) The application of fees.
(ij Fees and other allowances payable to members of the Board under section 24.
(j) The furtherance of any of the objects of the Board.
(k) The form of the certificate o£ registration mentioning therein the part in which the registered practitioner is registered.
<m F i l i a t i o n s — (1) The Board may, with the previous sanction of the I i e u t e m n f G o ^ n i o r n ' a i i regulations not'inconsistent with this part of the rules lor any of the following matters, namely;—
(a) the time and place at which the Board shall hold its meetings under seetion 12;
(b) the salary, allowances and other conditions of service of officers and servants of the Board other than the Registrar, under section 14;
(c) the course of study for training and qualifying examinations;
(d) the language in which the examinations shall be conducted and instruction shall be imparted;
Ce) the admission of students to the bodies or institutions authorised uptier section 21; .. .",........
m the conditions under which students shall be admitted to the diploma, {) licence or certificate course and to the qualifying and prior examma- (g> the conditions of appointment of examiners and the conduct of examinations: and .
(h> all other matters which may be necessary fc* the purposes of carrying out the objects of this Act.
(2) All regulations shall be published in the Himaehal Pradesh Gazette, ( 3) The Lieutenant Governor may by notification in the Himaehal Pradesh Gazette cancel any regulation:
Provided that in submitting r e g i o n s under cU^es ^ J £ *%£$?& of the Lieutenant Gowrnor uMer ^ g ^ ^ ^ X u T S f c th /number proceedings relating » J g « J f t ^ r ( J i £ of Ayurvedic or Unani Medicine who a i v f ^ ^ S ^ S S % ^ S ^ S ^ - [ ' v o t e d in respect of such regulations:
*swwV*v« hfee inirl regulations due consideration J ^ S U S ^ ^ ^ S ^ ^ S S ^ S S - ot m e d i c o as expressed"in the said proceedings.
• 32. Court Competent io fey o&ences trader tiiis Act and eogimaaoe of offences U) No court other than the Court of a Magistrate of the First Class shall take cognisance of or try an offence under this Act.
(2; No Court shall take cognizance oi any offence under this Act except on a complaint in writing of an officer empowered by the Lieutenant Governor in this behalf.
PART III—Medical Practitioners Generally
33. Powers oi the Lieutenant Governor to enforce ths provisions of Part III.— The Lieutenant Governor may, at any time after the expiry of one year from the date on which this Act comes into force, by notification published in the Himachal Pradesh Gazette, apply the provisions of this part or any portion thereof to the whole cr any part of the Union territory of Himachal Pradesh from such date as is notified therein:
Provided that the Lieutenant Governor shall give wide publicity to the notifica tion in such other manner also as he deems proper.
34. List oi Practitioners.—(1) After the publication of the notification mentioned in section 33, the Registrar .shall prepare and maintain a list called a "List ol persons in practice belonging to the Ayurvedic and Unani Systems of Medicin-•" on such date as is mentioned in the said notification.
(2J Every person, not being a person qualified or registered under this Act, who, within "s period of one year from the date from which this part comes into force, proves to the satisfaction of the P.-gistrar that he has been in regular practice of the Ayurvedic or Unani Systems of Medicine in the Union territory of Himachal Pradesh oa the date mentioned in the notification under sub-section
(1), shall hs entitled to have his name entered in the aforesaid list on payment of five rupees.
•3) The provisions of sub-sections (3) and (5) of section 15, sub-section (3) of section 16,' and section 17 shall mutatis mutandis apply to this list.
35. Prohibitum to practise oi* persons not listed.—No person other than a practitioner registered under Part II or the Act or a person whose name is entered in the list mentioned in section 34 shall practise or hold himself out, whether directly or b y implication as practising or as being prepared to practise the Ayurvedic ana Unani Systems of Medicine:
Provided that the Lieutenant Governor may by notification in the Eimachal Pradesh GaseUe, direct that the provisions of this section shall not apply to any class of persons or in a specified area.
36 penalty. Any person who acts in contravention of the provision of section 35 shall on conviction for each offence be punishable with fine, which may extend to two hundred rupees.
37 tesaWKsfaoft before registi'a.iio;i,~Nclwithstanding anything contained in any section of this Act, on and alter the expiry ot one year from the date from which Part VI cornea into force, a person shall not be entered m the Register as a registered practitioner unless he has passed a qualifying examination recognised ty the Board.
m. Saving.—Nothing in sections %5 fi$3 36 S*»U aSSfly •» a r iy person—
(a) WHO Emits his practice to art of dentistry; or
(h) WHO, being a muse or arid • ftitered rat. r anj [an fe* the time feeing m force or a Dai atl indS •<• a1 ease ot labour; or <••) who te entitl d to regis! under . - VI oE this Act.
to -',, .-.,-\ , granting or issuing: '" ' ' •' • *e. hy w&iiftaftlfed --.ion ~..'ae1. a a institutic oi ., thorisad by the Board under ... •• 01 isonfer, grant Of* Issue. Qi' hold itself out as entitled tc confer, grant or issue any c h * ^ rertificate or other document stating or implying that the h older ̂ ^ l icence , , <- , i e I l t jg qualified to practise the Ayurvedic or Unani Systems of Met£S>° " .^
(2) Whoever contravenes the provision of this section shall, onico-i^ction, be punishable with, fine, wliich may extend to five hundred rupees and if thV^soxi so contravening is an association, every member of such association who, knowingly and wilfully authorises or permits the contravention shall, on con viction, be punishable with fine, which may extend to two hundred rupees.
THE SCHEDULE Person who are entitled to have their names entered in the Register of Vaidyas and Hakims:—
(1) Vaidvas or Hakims who hold a diploma or certificate of any Govern ment Ayurvedic or Unani College or School within the Union terri tory of Hiraachal Pradesh or outside it, or a degree in the Ayurvedic or Unani Systems of Medicine of any University established by law m India.
(2) Vaidyas and Hakims who have passed the final examinations held by the Board of Ayurvedic and Unani Systems of Medicine, Himachal Pradesh or by any institution affiliated to the Board.
(3) Vaidyas or Hakims who have passed an examination from any Ayurvedic or Unani institution in the Union territory of Himachal Pradesh or outside it recognised by the Board for purposes of registration.
(4) Vaidyas or Hakims who have been registered by a State Board of Ayurvedic or Unani Systems of Medicine established by law any where in the Indian Union by virtue of their having passed a qualifying examination from a recognised institution.
[No. F. 4/1/60-Judl. II UTL.3L] K. B. PEABHU, Dy. Secy.
&£ Qi 1'ND—DAVE—-34 5HA— L0-2.-61—2 j o