(1) The Registrar shall, hi every year from time to time as occasion may require, on or before a date to be fixed in this behalf by the Board, cause to be published in the official Gazette and in such other manner as the Board may prescribe, a full or supplementary list of the names for the time being entered in the register and setting forth-
(a) all names entered in the register arranged in alphabetical order;
(b) the registered address and appointment held by, or actual employment of, each person whose name is entered in the register and
(c) the registered titles and qualifications of each such person Provided that the Registrar shall from time to time get published in the official Gazette, the names of such practitioners whose names have been duly removed under any of the provisions of this Act.
(2) In any proceeding 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:
[ * * * ] 2 [Powers and duties of the Board
36. The Board shall have the following powers and duties, namely-
(1) to advise the State Government in matters relating to Ayurvedic and Unani Tibbi systems of medicine including research and post-graduate education;]
3 [(2) to accord, suspend or withdraw, on the recommendations of the Faculty, recognition to training centers imparting instruction in paramedical courses;]
4 1- Subs. by s, 17 of U.P. Act VII of 1956.
2- Proviso omit. by s. 18 ibid.
3- Subs. by S. 19 of U. P. Act VII of 1956.
4- Subs. by S. 4 (a) of U. P. Act 35 of 1975.
179 [The (Ayurvedic and Unani Tibbi Systems of medicine) Act, 1939] [Section 36A-36B]
(3) to publish the results of the examinations conducted by the Faculty ;
[(4) to grant diplomas or certificates to candidates who are successful at the Board's examination.]
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(5) to levy fees laid down in regulations for admission to Board's examinations ;
(6) to allot adequate funds to the Faculty for carrying out its duties];
[(7) to perform such other functions for the development of Ayurvedic and Unani Systems of medicine and surgery as may be consistent with the provisions of the Act ;]
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(8) to exercise such other powers as may be specified by or under this Act ; and
(9) [* * *] 3 Faculty of Ayurvedic and Unani Tibbi systems of medicine 36-A (1) For the proper discharge of its duties and functions as a teaching and examining body in the Ayurvedic and Unani Tibbi systems of medicine the Board shall appoint a Faculty of Ayurvedic and Unani Tibbi systems of medicine which shall consist of the following------
(i) the President of the Board who shall be ex-officio Chairman of the Faculty ;
(ii) members of the Board elected under clauses (iii), (iv) and (v) of subsection (1) of section 5, who shall be ex officio members of the Faculty;
(iii) one member to be elected by the members of the Board from amongst themselves; and [(iv) the Director of Ayuvedic and Unani Services, Uttar Pradesh.]
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(2) The Faculty may, with the previous approval of or at the requisition of the State Government, co-opt not more than two members for a specified duration and a specific purpose.
(3) The Faculty shall elect a Vice-President from amongst its members.
[(4) A member referred to in clause (3) of sub-section (1) shall cease to be a member of the Faculty upon his ceasing to be a member of the Board.]
5 Powers and duties of the Faculty 36-B [(1)] 6 The Faculty shall have the following powers and duties:- 1- Subs. by section 4 (b) of U. P. Act No. 35 of 1975, 2- Subs. by section 4© ibid.
3- Omit - by section 5 (d) ibid.
4- Subs. by section 5 (a) ibid.
5- Subs, by section 5 (b) ibid.
6- Section 36 (b) renumbered as sub-section (1) thereof by section 6 of U. P. Act 35 of 1975.
180 [The (Ayurvedic and Unani Tibbi Systems of medicine) Act, 1939] [Section 36 C -37] [(a) to prescribe courses of study in Ayurvedic and Unani Tibbi systems of medicine for imparting instructions in training centers recognized by the Board;
(b) to hold examinations of persons who shall have pursued a course of study in a training centre recognized by the Board;
(c) to exercise general supervision over the residential and disciplinary arrangements made by the training centers recognized by the Board and to make arrangement for promoting the health and general welfare of their students.]
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(d) to appoint examiners;
[(e) to cause inspection of training enters recognized by the Board; and
(f) to make recommendations to the Board for the accord of recognition to or the suspension or withdrawal of recognition of training centers.]
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(g) [* * *] 2 [(2) The Registrar shall function as the Secretary of the Faculty.]
3 [Disagreement between the Faculty and the Board 36-C In the event of disagreement between the Faculty and on any matter referred to in section 36-B a reference shall Board be made by the Board to the State Government and the decision of the State Government shall be final.]
4 Making of regulations
37. Subject to the provisions of this Act and to the rules framed by the [State Government] 5 thereunder, the Board may [after previous publication] 6 frame regulations for regulating the following matters, namely- [(1) (a) conditions on which institutions may be recognized for the purposes of registration under section 28 ;
(b) the admission of trainees to the training centre recognized by the Board;
(c) the conditions under which trainees shall be admitted to the diploma and certificate courses and to the examinations of the Board, and shall be eligible for the grant of such diploma and certificate ;
(d) the conditions of residence of the trainees in the training centers recognized by the Board and the levying of fees for suck residence;
1. Subs by section 6 (a) (1) of U. P. Act No. 35 of 1975.
2. Subs. by section 6(a) (2) ibid.
3. Omit, by section 6(a) (3) ibid.
4. Ins. by Section 6 (b) ibid.
5. Subs. by section 7 ibid.
6. Subs by A. O. 1950 for (Provincial Government).
7. Ins by section 21 (1) of U. P. Act 7, 1956.
181 [The (Ayurvedic and Unani Tibbi Systems of medicine) Act, 1939] [Section 38 -39]
(e) the number, qualifications and emoluments of teachers of the training centers recognized by the Board ;
(f) the fees to be charged for courses of study in such training centers and for admission to the examinations, diplomas and certificates of the Board ;
(g) the conditions and mode of appointment and duties of examiners and the conduct of examinations :
Provided that in framing regulations, the Board shall take in to consideration the financial and other existing conditions of the training centers generally :
Provided further that no regulation shall be framed under any of the sub-clauses (a) to (g) except upon the recommendations to be made in such manner as may be prescribed by the Faculty.]
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(2) (a) the time and place at which the meetings shall be held;
(b) the issue of notices convening such meetings;
(c) the conduct of business thereat;
(d) the salary, allowances and other conditions of service of officers and servants of the Board other than the Registrar ;
(e) all other matters which maybe necessary for the purposes of carrying out the objects of this Act;
(3) All such regulations shall be published in the official Gazette [and shall not take effect until they have been confirmed by the State Government.]
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(4) The [State Government] 3 may by notification in the official Gazette [cancel or modify] 4 any regulation.
Disposal of fees
38. All fees received by the Board on account of registration of Vaidyas and Hakims and admission to the Board's examinations [***] 5 under this Act shall be credited to the Board and shall be applied for the purposes of this Act in accordance with the rules.
Qualified practitioner’s certificates
39. Notwithstanding anything contained in any law for the time being in force-
1. Subs. by section 8 of U. P. Act No. 35 of 1975.
2. Insertion by section 21(3) of U.P. Act No. 7, 1956.
3. Subs. by A. O. 1950 for [Provincial Government].
4. Subs. by section 21(4) of U. P. Act No. 7 of 1956.
5. Subs. by section 22 of U. P. Act No. 7 of 1956.
182 [The (Ayurvedic and Unani Tibbi Systems of medicine) Act, 1939] [Section 40]
(1) The expression "legally qualified medical practitioner" or "duly qualified medical practitioner" or any word importing that person is recognized by law as medical practitioner or member of medical profession shall, in all Acts in force in [Uttar Pradesh] 1 and in all [Central Act] 2 in their application to [Uttar Pradesh] 1 in so far as such Acts relate to any of the matters specified in List II or List III in the Seventh Schedule to [the Constitution] 3 be deemed to include a registered practitioner.
(2) A certificate required under any law or rule having the force of law from any medical practitioner or medical officer shall be valid, if such certificate has been granted by a registered practitioner.
(3) A registered practitioner shall be eligible to hold any appointment as a physician or other medical officer in any Ayurvedic or Unani dispensary, hospital, infirmary or lying in-hospitals supported by or receiving a grant from the [State Government] 4 or in any public establishment, body or institution dealing with such systems of medicine.
(4) A registered practitioner shall be entitled to--
(a) sign or authenticate a birth or death certificate required by any law or rule to be signed or authenticated by a duly qualified medical practitioner ;
(b) sign or authenticate a medical or physical fitness certificate required by any law or rule to be signed or authenticated by a duly qualified medical practitioner;
(c) give evidence at any inquest or in any Court of Law as an expert under section 45 of the Indian Evidence Act, 1872 on any matter relating to medicine, surgery or midwifery.
[Reservation of certain appointments to Vaidayas and hakims, who have qualified themselves from educational institutions affiliated to the Board
40. Except with the special sanction of the State Government, no person other then Vaidya or Hakim who has qualified himself or herself from an institution affiliated to the Board or who holds a degree in Ayurvedic Unani Tibbi systems of medicine from a University established by law In Uttar Pradesh, and is a domiciled resident of this State shall be competent to hold an appointment as medical officer of health or as physician or other medical officer in an Ayurvedic or Unani hospital, infirmary, dispensary or lying-in hospital maintained by of under the control of the State Government or local authority :
1- Subs. by A. O. 1950 for [United Provinces.]
2- Subs. by A. O. 1900 for [Acts of the Central Legislature.]
3- Subs. by ibid for the [Government of India Act, 1932.]
4- Subs. by for A. O. 1950 [provincial Legislature.]
183 [The (Ayurvedic and Unani Tibbi Systems of medicine) Act, 1939] [Section 41-42]
Provided that Vaidyas and Hakims in the employ of the State Government or a local authority specified above on the date on which this Act comes into force shall continue to hold the said appointment.]
1 Exe mption from serving on inquest Act V of 1898 U.P. Act III of 1917 U.P. Act IV of 1910