PUNJAB AYURVEDIC AND UNANI PRACTITIONERS ACT, 1963
Received the assent of the President of India on 29th November, 1963, and first published for general information in the Punjab Government, Gazette (Extraordinary), Legislative Supplement, of the 13th December, 1963.
For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1963, page 266.
An act to consolidate and amend the law relating to the registration of Practitioners of Ayurvedic and Unani Systems of Medicine and to regulate the practice in such systems.
Be it enacted by the Legislature of the State of Punjab in the Fourteenth Year of the Republic of India as follows :-
(1) This Act may be called the Punjab Ayurvedic and Unani Practitioners Act, 1963.
(2) It extends to the whole of the State of Punjab.
(3) It shall come into force on such date as the State Government may by notification appoint.
In this Act, unless the context otherwise requires, -
(a) "Ayurvedic System" means the Ashtang Ayurvedic System and the Siddha, and includes the modernised form thereof;
(b) "Board" means the Board of Ayurvedic and Unani Systems of Medicine, Punjab, established and constituted, or deemed to be established and constituted, under section 3;
(c) "Director" means the Director of Ayurveda, Punjab, and includes the Deputy Director of Ayurveda, Punjab, the Assistant Director of Ayurveda, Punjab, and such other officer as the State Government may appoint for exercising the powers and performing the functions of the Director under this Act and the rules made thereunder;
(d) "Faculty" means the Punjab State Faculty of Ayurvedic and Unani Systems of Medicine established under the Punjab State Faculty of Ayurvedic and Unani Systems of Medicine Act, 1963;
(e) "member" mea
(1) Subject to the provisions of sub-section (6), there shall be established and constituted for the purpose of carrying out the provisions of this Act a Board to be known as "the Board of Ayurvedic and Unani Systems of Medicine, Punjab" consisting of seventeen members residing in the State of Punjab of whom -
(a) six, including the Director and one Principal of any Ayurvedic or Unani institution recognised by the Faculty, shall be appointed by the State Government; and
(b) eleven, of whom not less than seven shall be persons holding a diploma or degree in the Ayurvedic System or Unani System, shall be elected by the registered practitioners [residing in the State of Punjab] from amongst themselves.
(2) The Board shall be a body corporate with the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, an
The election of members of the Board under clause (b) of sub-section (1) of section 3 shall be held at such time and place and in such manner as may be prescribed.
(1) Save as otherwise provided, the term of office of the non-official members of the Board, other than the Board deemed to be established and constituted under sub-section (6) of section 3, shall be five years commencing from the date on which the first meeting of such Board is held :
Provided that an outgoing member shall continue in office until the election or appointment of his successor, as the case may be.
(2) The outgoing member shall be eligible for re-election or re-appointment.
(1) If a vacancy occurs in the office of a member of the Board through death, resignation, removal or disability of such member or otherwise, the vacancy shall be filled in the same manner as is provided in section 3.
(2) Any person elected or appointed to fill the vacancy shall, notwithstanding anything in section 5, hold office only so long as the member in whose place he is elected or appointed would have held office if the vacancy had not occurred.
Any member of the Board may at any time resign his office by letter addressed to the Chairman and the resignation shall take effect from the date on which it is accepted by him.
If, in the opinion of the Board, any member of the Board absents himself without sufficient cause from three consecutive ordinary meetings of the Board or becomes subject to any of the disqualifications specified in section 9, the Board shall declare his office to be vacant :
Provided that before declaring his office to be vacant, the Board shall call for his explanation and record its decision thereon.
The State Government may, by notification, remove any member who, in its opinion, has been guilty of misconduct in the discharge of his duties:
Provided that before the State Government notifies the removal of any member the reasons for his proposed removal shall be communicated to him and he shall be given an opportunity of tendering an explanation in writing.]
No person shall be eligible for election or appointment as a member of the Board -
(a) who is a minor or an undischarged insolvent; or
(b) who has been adjudicated by a competent court to be of unsound mind; or
(c) whose name has been removed from the Register; or
(d) who has been sentenced by a Criminal Court to imprisonment for such offence involving moral turpitude as may be declared by the State Government.
No act done, or proceeding taken under this Act by the Board shall be invalid merely on the ground -
(a) of any vacancy or defect in the constitution of the Board, or
(b) of any defect or irregularity in election or appointment of a person acting as a member thereof, or
(c) of any defect or irregularity in such Act or proceeding, not affecting the merits of the case.
The Board shall meet at such time and place and every meeting of the Board shall be summoned in such manner, as may be provided in the regulations made under this Act :
Provided that, until such regulations are made, it shall be lawful for the Chairman to summon a meeting of the Board at such time and place as he may deem expedient by letter addressed to each member.
(1) The Chairman and in his absence the Vice-Chairman, and in the absence of both, a person elected by the members of the Board from amongst themselves, shall preside at every meeting of the Board.
(2) All questions at a meeting of the Board shall be decided by the votes of the majority of the members present and voting :
Provided that in case of equality of votes, the Chairman, Vice-Chairman or the person presiding, as the case may be, shall, in addition to his vote as a member of the Board, have a second or casting vote.
(3) Seven members shall form a quorum at a meeting of the Board referred to in sub-section (1) of section 3 and three members shall form a quorum at a meeting of the Board referred to in sub-section (6) of that section :
Provided that if a meeting is adjourned for want of quorum, no quorum shall be necessary at the next meeting called for transacting the same bu
(1) Subject to such rules as the State Government may make in this behalf, the Board shall appoint a Registrar who shall receive such salary and allowances and be subject to such conditions of service as may be prescribed :
Provided that until a Registrar is so appointed, a person appointed, by the State Government shall, as from the commencement of this Act, be deemed to be the Register who shall be entitled to such salary and allowances and shall be subject to such conditions of service as may be determined by the State Government.
(2) The Board may appoint such other employees as may be necessary for carrying out the purposes of this Act and such employees shall receive such salary and allowances and be subject to such conditions of service as may be prescribed.
(3) All employees of the Board, including the Registrar, shall be deemed to be public servants within the meaning of section 21 of the Indi
(1) Subject to the provisions of this Act and the rules made thereunder and subject to any general or special order of the Board, it shall be the duty of the Registrar to maintain the Register and to act as the Secretary to the Board.
(2) The register shall be in such form as may be prescribed and shall contain the names, addresses and qualifications of every registered practitioner together with the dates on which qualifications were acquired and shall be divided into the following two parts, namely :-
Part I containing the names of persons referred to in sub-sections (1) and (2) of section 15; and
Part II containing the names of persons referred to in sub-sections (3) and (4) of section 15.
(3) The Registrar shall keep the Register correct as far as possible, and may from time to time enter therein any material alteration in the address or qualifications of the practitioners. Th
(1) Every person possessing any of the qualifications specified in Schedule I shall, subject to the provisions of this Act and on payment of such fees as may be prescribed in this behalf, be entitled to have his name entered in Part I of the Register subject to such conditions as may be prescribed.
(2) Every person whose name in entered immediately before the commencement of this Act, in Part (i) or Part (ii) of the Register maintained under the East Punjab Ayurvedic and Unani Practitioners Act, 1949, or the Pepsu Ayurvedic and Unani Practitioners Act, 2008 B.K. shall, subject to the provisions of this Act, be deemed to be registered in Part I of the Register.
(3) Every person not in possession of the qualifications specified in Schedule I-
(a) whose name is entered immediately before the commencement of this Act in the list maintained under section 34 of the East Punjab Ayurvedic and Unani Practitione
(1) The Board may prohibit the entry in, or order the removal from, the Register of the name of any practitioner -
(a) who has been sentenced by a Criminal Court to imprisonment for such offence involving moral turpitude as may be declared by the State Government; or
(b) whom the Board after proper enquiry either made by itself or by a Committee appointed for the purpose by the Board from out of its members, has found guilty of professional misconduct or other infamous conduct by a majority of at least two-thirds of the members present and voting at the meeting of the Board.
(2) The Board may direct that the name of any person against whom an order has been passed under sub-section (1) shall be entered or re-entered as the case may be, after having satisfied itself that due to lapse of time or otherwise the disability mentioned in sub-section (1) has ceased to have any force.
For the purposes of any inquiry held under clause (b) of sub-section (1) of section 16 the Board or a Committee appointed by the Board shall be deemed to be a court within the meaning of the Indian Evidence Act, 1872 (Act No. I of 1872), and shall, so far as may, follow the procedure laid down in the Code of Civil Procedure, 1908 (Act No. V of 1908).
(1) Any person aggrieved by the decision of the Registrar regarding the registration of any person or any entry in the Register may, on payment of such fee as may be prescribed, appeal to the Board.
(2) An appeal under sub-section (1) shall be filed within sixty days of the passing of the order appealed against after excluding the time spent in obtaining a copy thereof and shall be heard and decided by the Board in the manner prescribed.
(3) The Board may, on its own motion or on the application of any person, after due and proper enquiry and after affording the person concerned an opportunity of being heard, cancel or alter any entry in the Register, if, in the opinion of the Board, such entry was made fraudulently or wrongly.
Notwithstanding anything in any law for the time being in force, -
(a) the expression 'legally qualified medical practitioner' or 'duly qualified medical practitioner' or any word importing a person recognised by law as a medical practitioner or member of medical profession shall in all Acts or other provisions having the force of law in Punjab and relating to matters in List II or List III of the Seventh Schedule to the Constitution of India, includes a practitioner registered in Part I of the Register;
(b) a certificate required by any Act to be issued by any medical practitioner or medical officer shall be valid, if such certificate has been signed and issued by a practitioner registered in Part I of the Register :
Provided that a certificate of illness may also be signed and issued by any practitioner registered in Part II of the Register;
(c) a practitioner registered in Part
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 the particulars of time and place of death and may charge the cost of such certificates and transmissions at an expense of his office.
Notwithstanding anything in any other law for the time being in force, every registered practitioner shall be exempt, if he so desires, from serving on any inquest under the Code of Criminal Procedure, 1898 (Act No. V of 1898).
There shall be paid to the members for attending meetings of the Board such travelling and other allowances as may be prescribed.
A copy of any proceeding, receipt, application, plan, notice, order, entry in a register or other document in the possession of the Board shall, if duly certified by the Registrar or any other person authorised by the Board in this behalf, be received as prima facie evidence of the existence of the entry or documents and shall be admitted as evidence of the entry or documents and of the matters therein recorded in every case where, and to the same extent as, the original entry or document would, if procured, have been admissible to prove such matters.
Copies of any order passed by the Board or the Registrar or of any entry in the Register shall be supplied on payment of such fees as may be prescribed.
All moneys received by the Board as fees under this Act shall be applied for the purposes of this Act in the prescribed manner.
(1) The Registrar shall at least once in every five years 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 dates when such qualifications were acquired.
(2) In any proceedings 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.
Whoever wilfully and falsely assumes or uses any title or description or any addition to his name implying that he is a registered practitioner shall be punishable for the first offence with imprisonment which may extend to six months or with fine which may extend to two hundred and fifty rupees or with both and for every subsequent offence with imprisonment which may extend to two years or with fine which may extend to five hundred rupees, or with both.
No practitioner, whether registered or not, shall sell any medicine of the Ayurvedic system or Unani system in a public place as a hawker or by assembling a Majma.
No person other than a registered practitioner, shall practise or hold himself out, whether directly or by implication, as practising or as being prepared to practise the Ayurvedic System or Unani System.
Any person who contravenes the provisions of section 28 or section 29, shall, on conviction, be punishable with fine which may extend to two hundred rupees.
The State Government may, by notification, amend Schedule I so as to add thereto or omit therefrom any qualification, and thereupon the Schedule shall be deemed to be amended accordingly.
It at any time it appears to the State Government that the Board has neglected to exercise, or has exceeded or abused any power conferred upon it under this Act or has neglected to perform any duty imposed upon it by this Act, the State Government may communicate the particulars of such neglect, excess or abuse to the Board; and, if the Board fails to remedy such neglect, excessor abuse within such time as may be fixed by the State Government in this behalf the State Government may, for the purpose of remedying such neglect, excess or abuse, cause any of the powers and duties of the Board to be exercised and performed by such agency and for such period as the State Government may think fit.
(1) No court other than the Court of a [Judicial Magistrate] of the First Class shall take cognizance of, or try, an offence under this Act.
(2) No court shall take cognizance of any offence under this Act except on a complaint in writing of an Officer empowered by the State Government in this behalf.
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or under any rules and regulations made thereunder.
In this Chapter, unless the context otherwise requires, -
(a) "agent" means any person appointed in writing by a candidate at an election to be his agent for the purposes of his election with the written consent of such person;
(b) "candidate" means a person who has been or claims to have been duly nominated as a candidate at an election, and any such person shall be deemed to have been a candidate as from the time when, with the election in prospect, he began to hold himself out as a prospective candidate;
(c) "corrupt practice" means any of the practices specified in Schedule II;
(d) "costs" means all costs, charges and expenses of, or incidental to, a trial of an election petition;
(e) "election" means an election to fill the office of a member;
(f) "electoral right" means the right of a person to stand or not to stand, as, or to with
No election of a member shall be called in question except by an election petition presented in accordance with the provisions of this Chapter.
(1) Any registered practitioner [residing in the State of Punjab] may within a period of thirty days from the date on which the election of any member is notified under sub-section (5) of section 3 and on furnishing the prescribed security in the prescribed manner, present on one or more of the grounds specified in sub-section (1) of section 49 to the prescribed authority an election petition in writing against the election of such member.
(2) The election petition shall be deemed to have been presented to the prescribed authority-
(a) when it is delivered to the prescribed authority -
(i) by the person making the petition, or
(ii) by a person authorised in writing in this behalf by the person making the petition; or
(b) when it is sent by registered post and is delivered to the prescribed authority.
(1) An election petition -
(a) shall contain a concise statement of the material facts on which the petitioner relies;
(b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and
(c) shall be signed by the practitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (Act V of 1908), for the verification of pleadings:
Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof.
(2) Any Schedule or annexure to the petition shall also be signed by the petitioner
If the prescribed security is not furnished in the prescribed manner or the petition is not presented within the period specified in section 37, the prescribed authority shall dismiss the petition :
Provided that the petition shall not be dismissed without giving the petitioner an opportunity of being heard.
The Director may, at any stage after notice to parties and for reasons to be recorded, withdraw any election petition pending before a prescribed authority and transfer it for trial to another prescribed authority; and upon such transfer that prescribed authority shall proceed with the trial from the stage at which it was withdrawn :
Provided that such authority may, if it thinks fit, recall and re-examine any of the witnesses already examined.
(1) Subject to the provisions of this Act and of any made thereunder, every election petition shall be tried by the prescribed authority, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Act No. V of 1908), to the trial of suits :
Provided that the prescribed authority shall have the discretion to refuse for reasons to be recorded to examine any witness or witnesses, if it is of the opinion that their evidence is not material for the decision of the petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings.
(2) The provisions of the Indian Evidence Act, 1872 (Act No. I of 1872), shall subject to the provisions of this Act, be deemed to apply in all respects to the trial of an election petition.
Any appearance, application or act before the prescribed authority may be made or done by the party in person or by a pleader duly appointed to act on his behalf.
Provided that it shall be open to the prescribed authority to direct any party to appear in person whenever the prescribed authority considers it necessary.
The prescribed authority shall have the powers which are vested in a Court under the Code of Civil Procedure, 1908 (Act No. V of 1908), when trying a suit in respect of the following matters -
(a) discovery and inspection;
(b) enforcing the attendance of witnesses and requiring the deposit of their expenses;
(c) compelling the production of documents;
(d) examining witnesses on oath;
(e) granting adjournments;
(f) reception of evidence taken on affidavit; and
(g) issuing commissions for the examination of witnesses;
and may summon and examine suo motu any person whose evidence appears to it to be material; and shall be deemed to be a Civil Court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (Act No. V of 1898).
Explanation. - For the pu
Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence at the trial of election petition on the ground that it is not duly stamped or registered.
No witness or other person shall be required to state for whom he has voted at an election.
(1) No witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trial of an election petition upon the ground that the answer to such question may criminate or may tend to criminate him, or that it may expose or may tend to expose him to any penalty or forfeiture :
Provided that -
(a) a witness who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from the prescribed authority; and
(b) an answer given by a witness to a question put by or before the prescribed authority shall not except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against him in any civil or criminal proceedings.
(2) When a certificate of indemnity has been granted to any witness it may be pleaded by him in any court and shall be a full and c
The reasonable expenses incurred by any person in attending to give evidence may be allowed by the prescribed authority to such person. and shall, unless the prescribed authority otherwise directs, be deemed to be part of the costs.
(1) Where an election petition has not been dismissed under section 40, the prescribed authority shall inquire into the election petition and at the conclusion of the inquiry shall make an order -
(a) dismissing the election petition; or
(b) setting aside the election.
(2) At the time of making an order under sub-section (1) the prescribed authority shall also make an order -
(a) where any charge is made in the petition of any corrupt practice having been committed at the election, recording -
(i) a finding whether any corrupt practice has or has not been proved to have been committed at the election and the nature of that corrupt practice; and
(ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice; and
(b) fixing the total
(1) If the prescribed authority is of the opinion-
(a) that on the date of his election that elected person was not qualified or was disqualified, to be elected under this Act; or
(b) that any corrupt practice has been committed by the elected person or his agent or by any other person with the consent of the elected person or his agent; or
(c) that any nomination has been improperly rejected; or
(d) that the result of the election, in so far as it concerns the elected person, has been materially affected -
(i) by the improper acceptance of any nomination; or
(ii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void; or
(iii) by any non-compliance with the provisions of this Act or of any rules made under this Act;
the prescribed authority shall
An election petition shall abate only on the death of a sole petitioner or of the survivor of several petitioners.
(1) Costs including pleaders' fee shall be in the description of the prescribed authority.
(2) If in any order as to costs under the provisions of this Chapter there is a direction for payment of costs by any party to any person, such costs shall, if they have not been already paid, be paid in full, or so far as possible out of the security deposit made by such party under this Chapter on an application made in writing in that behalf within a period of one year from the date of such order to the Director by the person of in whose favour the costs have been awarded.
(3) If there is any balance left of the security deposit under this Chapter after payment under sub-section (2) of the costs referred to in that sub-section, such balance, or where no costs have been awarded or no application as aforesaid has been made within the said period of one year, the whole of the said security deposit may, on an application made in that b
Any order as to costs under the provisions of this Chapter may be produced before the principal civil court within the local limits or whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or business and such court shall execute the order or cause the same to be executed in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit :
Provided that where any such costs or any portion thereof may be recovered by an application made under sub-section (2) of section 51, no application shall lie under this section within a period of one year from the date of such order unless it is for the recovery of the balance of any costs which has been left unrealised after an application has been made under that sub-section owing to the insufficiency of the amount of the security deposit referred to in that sub-section.
The corrupt practices specified in Schedule II shall entail disqualification for membership of the Board for a period of five years counting from the date on which the finding of the prescribed authority as to such practice has been given :
Provided that the State Government may, for reasons to be recorded, remove the disqualification or reduce the period thereof.
(1) The State Government may, by notification and after previous publication, make rules to carry out the purposes of this 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 date on which the number of registered practitioners [residing in the State of Punjab] shall be counted under sub-section (4) of section 3;
(b) the time and place in which, and the manner in which, election shall be held as required by section 4;
(c) the salary, allowances and other conditions of service of the Registrar and other employees of the Board appointed under section 13;
(d) the form of Register required to be maintained under section 14;
(e) the amount of fees payable under sub-section (4) of section 14;
(f) the amoun
(1) The Board may, with the previous approval of the State Government, make regulations not inconsistent with this Act or the rules made thereunder for all or any of the following matters, namely :-
(a) the time and place at which the Board shall hold its meetings and the manner in which such meeting shall be summoned under section 11;
(b) any other matter which may be considered necessary for carrying out the purposes of this Act.
(2) All regulations shall be published in the Official Gazette.
(3) The State Government may by notification cancel any regulation.
The Punjab General Clauses Act, 1898, shall apply for the interpretation of this Act as it applies for the interpretation of a Punjab Act.
(1) East Punjab Ayurvedic and Unani Practitioners Act, 1949 and the Pepsu Ayurvedic and Unani Practitioners Act, 2008 B.K., are hereby repealed :
Provided that the repeal shall not affect :-
(a) the previous operation of the Acts so repealed or anything duly done or suffered thereunder, or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Acts so repealed, or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the Acts so repealed, or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as i
(1) As from the commencement of this Act, the two Boards of Ayurvedic and Unani System of Medicine, established and constituted under the East Punjab Ayurvedic and Unani Practitioners Act, 1949 and the Pepsu Ayurvedic and Unani Practitioners' Act, 2008 B.K., shall cease to function.
(2) On the Board's so ceasing to function, all assets vesting in them, and all liabilities subsisting against them, on the date of so ceasing shall devolve on the Board.
(3) All suits, prosecutions, and other legal proceedings instituted or which might have been instituted by or against any of the Boards so ceasing to function immediately before the commencement of this Act may be continued or instituted by or against the Board.
(4) The permanent officers and servants of the Boards so ceasing to function shall be either absorbed by the Board in its service on conditions which are not less advantageous to those on which they
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification, make such provisions, or give such directions, not being inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the removal of the difficulty.
[See sections 15 and 31]
1. Degree or Diploma of any Ayurvedic or Unani College recognised by the Faculty (with at least four years course) within Punjab or outside it, or a degree in the Ayurvedic System or Unani System of Medicine of any University established by law in India :
Provided that persons who have already qualified from any Ayurvedic or Unani College or Institution prior to the commencement of this Act in a course of a duration of less than four years, will also be entitled for registration.
2. Final examinations held by the Faculty or by any college or institution affiliated to the Faculty.
3. Final examination from any Ayurvedic or Unani Institution in Punjab or outside it, recognised by the Faculty or the Board for the purposes of registration.
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