The UNITED PROVINCES AYURVEDIC AND UNANI TIBBI SYSTEMS OF MEDICINE1 ACT, 19392
uttarakhand · 1939
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This may be called the [Ayurvedic and Unani Tibbi Systems of medicine]1 Act, 1939
- S. 2Section 2 defines key terms used in the Act, including "Board," "Indian system of medicine," "Practitioner," and "Register."
- S. 3Section establishes a Board of Indian Medicine to implement the Act's provisions.
- S. 4Section 4 transfers existing Board's assets and functions to the newly constituted Board under the Act.
- S. 5Subs
- S. 6Section 6 mandates the State Government to fill vacancies in elective bodies if they fail to elect required members by a prescribed date.
- S. 7Ins by section 21 (1) of U
- S. 8Section mandates notification in the official Gazette for any election, nomination, or vacancy in the Board.
- S. 9Section 9 mandates the State Government to schedule general elections for Board members before their term ends.
- S. 10Section 10 allows the Board to remove a member for various reasons, including absence, disqualifications, legal actions against the Board, or employment conflicts.
- S. 11Section 11 allows a member removed by the Board to appeal to the State Government within 90 days, with the State Government's decision being final.
- S. 12[(1) Any elected member may at any time resign his office by a letter addressed to the President
- S. 13Section 13 outlines the process for filling vacancies on the Board due to resignation or death.
- S. 14The President and Board members serve three years, extendable by the State Government for up to two additional years.
- S. 15Section 15 allows members to be re-nominated or re-elected after their term ends.
- S. 16Section 16 states that any procedural flaw in electing or nominating a Board member won't invalidate Board actions if most participants were qualified.
- S. 17Section 17 outlines the Board's authority to form an advisory committee and quorum requirements for committee meetings.
- S. 18Section 18 allows the Board to act even with vacancies, provided at least five members attend adjourned meetings.
- S. 19(1) The President or in his absence the Vice-President shall preside at every meeting of the Board
- S. 20Section 20 outlines the procedure for summoning Board meetings, allowing the President to call them until regulations are established.
- S. 21—
- S. 22(1) There shall be paid to the members of the Board such traveling and other expenses [***]2 as may be prescribed
- S. 23Section 23 mandates that all Board officers and servants are under the President's direct control and must follow his orders.
- S. 24(1) The Board shall, with the previous approval of Government, appoint a Registrar who shall be the Secretary to the Bo
- S. 25Section mandates the Registrar to maintain a register of Vaidyas and Hakims practicing in Uttar Pradesh.
- S. 26Section 26 mandates the Registrar to maintain the register of practitioners and update it with changes, removing names of deceased or unqualified practitioners.
- S. 27Section allows qualified individuals to register with the Registrar and appeal registration refusals to the Board.
- S. 28Section 28 allows the Board to determine if foreign titles or degrees qualify practitioners for registration in Ayurvedic or Unani Tibbi Systems of Medicine.
- S. 29Section 29 grants the Board authority to request information from governing bodies of medical institutions for inclusion in a schedule.
- S. 30Section 30 requires applicants for Vaidyas or Hakims registration to provide specified qualifications and details to the Registrar.
- S. 31Section 31 allows the Board to remove or prohibit the registration of practitioners convicted of serious offenses or found guilty of misconduct.
- S. 32Section 32 mandates that death certificates for registered practitioners be reported to the Board's Registrar, who then removes their names from the practitioner register.
- S. 33Section penalizes falsely pretending to be registered in the Vaidays and Hakims register with up to six months imprisonment or a fine.
- S. 34Section 34 allows the Board or committee to conduct inquiries with powers similar to a commissioner under the Public Servants (Inquiries) Act, 1950.
- S. 35Section mandates annual publication of a list of registered practitioners' names, addresses, and qualifications by the Registrar.
- S. 36Section 36 grants the Board powers to advise the government on Ayurvedic and Unani Tibbi medicine, recognize training centers, and publish examination results.
- S. 37Section 37 allows the Board to create rules for recognizing institutions, trainee admissions, and conditions for diploma and certificate courses.
- S. 38Section 38 allocates fees from Vaidya and Hakim registration and exam admissions to the Board for Act purposes.
- S. 39—
- S. 40Section 40 restricts state-employed medical officer appointments in Ayurvedic or Unani hospitals to qualified Vaidyas or Hakims, needing special government sanction for others.
- S. 41Registered practitioners under the Act are exempt from serving on inquests or as jurors or assessors.
- S. 42Section 42 authorizes the State Government to make rules to implement and regulate various aspects of the Act, including elections, board meetings, and practitioner registration.
- S. 43Section 43 allows appeals to the State Government from Board decisions, except those made as appellate, with a three-month filing limit.
- S. 44Section 44 provides immunity from lawsuits for the State Government and Board officials acting under the Act.
- S. 45Section 45 allows certified copies of Board documents to serve as prima facie evidence in court.
- S. 46Section 46 protects Board members from being compelled to testify in unrelated legal proceedings unless a court orders it for special reasons.
- S. 47Section 47 allows the State Government to dissolve and replace the Board if it fails to fulfill its duties or misuses its powers.
- S. 48(1) No court other than the court of a Magistrate of the first class shall take cognizance of, or try an offence under
- S. 49The section allows the State Government to extend the act's provisions to parts of the state after one year.
- S. 50Section 50 mandates the Registrar to maintain a list of practitioners of indigenous medicine and allows certain qualified individuals to be listed after proving practice.
- S. 51Section 51 prohibits unregistered practitioners from practicing Ayurvedic and Unani Tibbi medicine, with exceptions allowed by state notification.
- S. 52Section 52 imposes a fine up to 200 rupees for violating the provisions of section 5.
- S. 53—
- S. 54[* * * ]1 Conferring, granting or issuing diploma, licence etc
- S. 55Section 55 prohibits unauthorized entities from issuing qualifications in Ayurvedic and Unani Tibbi medicine, with penalties for violations.
- S. 56Section penalizes falsely claiming qualifications for practicing Indian medicine under the Act, with fines up to 50 rupees for first offense and 200 rupees for subsequent ones.
- S. 1898Registered practitioners under the Act have the same privileges as those under other medical and excise acts.