THE DELHI BHARATIYA CHIKITSA
PARISHAD ACT, 1998
(Delhi Act No.4 of 1999) INo. F. 14/7/98-99(L.A./84- The following Act of the Legislative Assembly received the assent of the President on 4.3.1999 and is hereby published for general information.
All Act 10 provide jor the COflstituli011 of a 81mraliya C!likitsa Parishlld, fwd for tile maintenance of 11 register of Bharatiya ClrikitStl (Indian Medicine) for tile National Capital Territory of Deilli alld for matters cOll/lected therewith. Be it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Forly ninth year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, exlent and commencement- (1) This Act may be called the Delhi Bharatiya Chikitsa Parishad Adhinium, 1998.
(2)
It extends to the whole of the National Capital Territory of Delhi
(3) It shall come into force on such date as the Government may; by notification in offi~ial Gazette, appoint.
2. Definitions- In this Act unless the context otherwise requires-
(a) "appointed day" means the date on which the provisions of this Act other than sc<:tion 1 shall come into force under sub-sc<:tion (3) of sc<:tion 1;
(b) "Bharatiya Chikitsa (Indian Medicine)" means Astang Ayurved Siddha and Unani TIbb supplemented or not with modem advances in modem scientific system of medicine in all its branches including surgery and obstetrics;
(c) "Central Council" means the Central Council of Indian Medicine constituted under sc<:tion 3 of the Indian Medicine Central Council Act, 1970 {Central Act 48 of 1970};
(d) "Chairman" means the Chainnan of the Examining Body;
(e) "Delhi" means the National Capital Territory of Delhi;
(f) "Examining Body" means the Examining Body constituted under sub-section (1) of sc<:tion 33;
(g) "Government" means the Lieutenant Governor as referred to m clause (l) of article 239 AA of the Constitution;
(h) "integrated medicine" means conjoint, concurrent study, trammg and practice in Ayurved/Siddha/Unani libb and Modern Scientific System of Medicine in all its branche!; including surgery and obstetrics;
(i) "Lieutenant Governor" means the Lieutenant Governor of the National Capital Territory of Delhi appointed by the President under artide 239 of the Constitution;
0) "Parishad" means the Delhi Bhilriltiya Chlkitsa Parishad establi!;hed and constituted under section 3;
(k) "practitioner" means a medical practitioner who practises the Bharatiya Chikitsa Paddhati (Indian Systems of Medicine);
(I) "President" means the President of the Parishad;
(m) "qualifying examiniltion for paramedical training" meilns an examination conducted by the Examining Body for Pharlllilcists, technicians and nursing care personnel courses in respect of I.Iharatiyil Chikitsa;
(n) "register" means the register of practitioners lTIilintained under seellon 17;
(0) "regIstered practitioner" means a practitioner whose name is for the time being entered in the register;
(p) "Registrar" means the Registrar appointed under secllon 16;
(q) "regulation" means a regulation made by the Pilrishad under section 38, by notification in the official Gazette:
(r) "rule" means a rule made by the Government undN section 37 by notification in the official Gazette;
(s) "Secretary" means the Secretary of the Examining Body appointed lU1der sub-section (9) of seciJon 33;
"(u) "section" meilns il section of this Act;
(v) "University" means any university in Indin estilblished by law or any deemed university recognised by the Central Government and having a faculty of lndian Medicine and includes a University in India established by law in which instructions, teaching, lrilining or research in Indian Medicine is provided;
(w) "Vice-President" means the Vice-President of the Pilrishild.
CHAPTER II
ESTABLISHMENT OF THE DELHI BHARATIYA CHIKITSA PARISHAD
3. Establishm('nt constitution and incorporation of the Parishad- (1) With effect from such date as th(' Government mily; by notification in the official Gazelle
• "(I)" waS not menlioned in tile official Gazette.
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notify, there shan be constituted for the purposes of thi~ Act a Parishad to be called
"The Delhi Bharaliya Chikitsa
Parishad~.
(2) The Parishad shall be a body corporate having perpetual succession and a commun seaL with power to
(3) The Parishad shall consist of twenty ol,e members residinG in Delhi and registered with the Pilrishad. Of these there ,.hall be eleven nominated members and ten elected members comprising the following, namely-
(a) (i) the Director, Indian Systems of Medicine:
{iiI three Principals/Professors of Teaching Institutions imparting education in Bharatiya Chikitsa and to be nominated by the Government;
(iii) one representative from the Central Council;
(iv) six prominent Vaidyas/hakims to be nominated by the Go\'ernment;
(b) Ten members residil1l: in Delhi, holding a recognised qualification and registered with the Parish
themselve~.
(4) The President and the Vice President of the Parishad shall be elected by the members from amongst themselves in the first meeting of the Parishad.
(5) Save as otherwise provided, the ten seMs of members under clause (b) of sub-section (3), shall be distributed proportionately to their members, as counted on the prescribed date before the election, between those registered practitioners who follow the Ayurvedic or the Unani Systems of Medicine as the case may be.
4. Election of members- (1) The ek..:tion of practitioners entitled to be members of the Parishad under clause (b) of sub-section (3) of section 3, shall be held at such time and place and in such manner as may be prescribed by rules and where any dispute arises n;ogarding any such election, it shall be referred to the GClvernment, whose de<:ision shall be final.
(2) Where any dispute arises regarding any cle<::tion of a member or of the President or Vice-President, it shall be referred to the Government, and the decision of the Government shall be final.
5. Term of offiee- The term of office of cle<::ted and nominated members shall be for a period of five years commencing from the date on which the first meeting of the I'arishad is held after the members are ele<::ted under sub-section (3) of section 3.
Provided that a member who is nominated by virtue of his office shall continue to be a member of the Parishad so long as he continues to hold office by virtue of which he is nominated to the Parishad.
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6. Casual Vacancies- (1) A casual vacancy in the office of the President, or the Vice-President or a member elected under clause (b) of sub-section (3) of section 3 shall be filled by election.
Provided that any such vacancy in the office of an elected member occurrirlg within six months prior to the date on which the term of office of all the members expires. shall not be filled.
(2) Acasual vacancy in the office of a member nominated under clause (a) of sub-section (3) section 3 of that section shall be reported forthwith by the Registrar to the Government., and shall, as soon as possible thereafter, be filled by Ihe Government by nomination.
(3)Any person elected under clause (b) or nominated under clause (a) of sub- section (3) of section 3 to fill a casual vacancy shall, hold offjce only so long as the person in whose place he may be elected or nommated, as the case may be. would have held office, if the vacancy had not occurred.
7. Resignation- Any member may at any time, resign his office by a leiter addressed to the I>resident. Such resignation shall take effect from the date on which it is accepted by the Parishad.
Provided that the President shall address his resignation to the Vice-President.
8. Dis;tbilities for rontinuing as member- If any member during the period for which he has been nominated or e1ected-
(a) absents himself without such reasons as may. in the opinion of the Parishad be suffiCient from three consecutive ordinary m~tings of Ihe Parishad; or
(b) becomes subject toanyofthedisqualifications mentioned insection 9, the Parishad shall declare his office to be vacanl.
9. Disqualifications- (1) A person shall be disqualified for being elected or nominated as, and for continuing as, a member-
(a) if he is an undischarged insolvent; or
(b) if he has been adjudicated by a Competent Court to be of unsound mind; or
(e) if he is found guilty of professional misconduct and of contravening the code of medical ethics; or
(d) if he is a whole time officer or servant of the Parishad; or
(e) if he has been convicted for an offence involVing moral turpitude; or
(f) if his name has been removed from the register:
(2) If any member becomes, or is found 10 1H!, subject to any of the disqualifications mentioned in sub-section (1), the Parishad shaIl submit a report
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to the Govemment and th(;' Guvcmml:'nt, if satisfied about ttl(;' disqualification, shajl declare his_ seaL vacanL.
10. Powers, duties and functions of Lhe Parish3J- Subject to such condiLions as may be prescribed by or under the' provisions of this Act, the powers, duties and functions of the P1'Irish1'ld shall be -
(a) to maintain the liv'-.' re~ister, and to pro~'ide for the registration of medical practitioners;
(b) to Iwar and dL'<:ide app<.:ab ag
(d) to reprimand a pr,Klilioner, or to su~pend or remo~'e his name from the register, or to tJke such olher di,cil'linJry adion agJinsl him as may, in the opinion of thL' Pari;;h.ld, be necessary or expedient; (L') to ['xerci~e ~llch other powers, perform such other duties and discharge such other functions, <15 CITe laa! duwn ill tbis Act, or a~ may be prescribed;
(f) to n'C'-.'ive complaints from public (including paLients dnd their reli\tiv~)agilinst misconduct or negligen.;:e by a medical practitioner, Lo procped for i"'luL>sl, lah' a dedsion on the merits of the case and to initiate disciplinary i\(lion or Hw,ud cornpl'tlsation and similarly to Lake adinn Jg,lil1st fn"dous cumplaints;
(g) to provide protection to its members in di.<;chJrging profe.<,sional duties;
(h) to ensure thilt no unqualified person pradises Hhariltiya Chikitsa (Indian Systems of Medicine).
11, Executi\'e Committel/'_ (1) The r"rishild sh'ln, as soon as may be, cOI\SWute an Exccutive Commillee consisting of tlho' President a~ eX"'Qffidu member, ;)Ild such other member (number not ('xcceding six), e[e<:ted by the PiHishJd from ilmong its members, as Illay be prescribed.
(2) The krm of office oC and thp Illanner of filling casual vacancies among, and the procedure lo Ix followed by, the members of the Executive Committee shall be 5\l(h as may be prescribed.
(3) In addition to the powers, duties and functions coofoPrrPd, imposed ,lOct entrusted b;.-' thlsAcl, the b_l'cutive Committe.;> shall exercise such powers, perform sueh dutie~, and discharge such fundions of the PMishad OlS may be delegated to it by mIl'S or enlrustL'd to it from time to time, by the Parishad.
(4) The Pl"I!sident shall be the ex-officio Chairman of the Executive CommitteI;'.
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12. Fee and allowances to members of the Parishad and of the Executive Committee- There shall be paid to the President, the Vice President and other members of the Parishad, and to the members of its Executive Committee, such fees and allowances for attendance at meetings, and such tra\'elling allowance, as shall from time to time be prescribed.
13. Validity of proceedings--- No disqualification of or defect in the electio.n or nomination of any penoo acting as a member of !he Parishad as !he President or presiding authority of a meeting shall be deemed to vitiate any action and or proceedings of the Pari$had, in which such person has taken part.
14. lime and place of meeting of the Parishad- The Parishad shall meet at such time and place and every meeting of the Parishad shan be summoned in such manner 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 Parishnd at such time and place as he may deem expedient, by letter addressed to each member.
15. Procedure meetings of the Parishad- (1) The President, when present, shall preside at every meeting of the Parishad. If at any meeting the President is absent, the Vice-President, and in the absence of both, some other member elected by the members present from amongst themselves, shall preside at such meeting.
(2) All issues 011 a meeting of the Parishad shall be decided by a majority of members present and voting.
(3) Eight members (including the President and Vice- President) shall fonn a quorum. When a quorum is required but not present. the presiding authority shall, after waiting for not less than thirty minut~ for such quorum, adjourn the meeting to such hour or some fufure day as it may notify on the notice bo.lld at the office of the Parishad; and the business which would have been brought before the original meeting had there been a quorum thereat, shall be brought before the adjourned meeting, and may be disposed of at such meeting or any subsequent adjournment thereof, whether there be a quorum present, or not. '(4) At every meeting of the Parishad the President, for the time being, shall, in addition to his vote as a member of the Parishad, h..we a second or casting vote in case of equality of votes.
16. Registrar-(1)(a) The Parishad Shall, with the previous sanction of the Government appoint a Registrar who shall be a qualified graduate of the Bharatiya Chilcitsa (Indian System of Medicine). The Registrar shall be the Secretary and who may also, if deemed expedient. act as Treasurer.
(b) TIle Parishad may aisoemploy such other persons as may be approved by the Government and possess the qualification prescribed by regulations to carry our the purposes of this Act.
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(2) The Executive Committee may, from time to time, grant leave to the Registrar.
Provided th"at, if Ihe period of leave does not exceed one month, the leave may be granted by the President.
(3) During any temporary vacancy in the office of the Registrar due to leave or any other reason, the Executive Committee may, with the previous sanction of the Government, appoint another person to act in his place, and any person so appointed shall for the period of such appointment be deemed to be the Registrar for the purpose of this Act.
Provided that, when the period of such vacancy docs not exceed one month, the appointment may Ix! made by the President, who shall forthwith report such appointment to the Executive Committee, and the Government.
(4) The Parishad may, with the previous sanction of the Government, suspend, dismiss or remove any person appointed as the Registrar or impose any other penalty upon him in the manner as may be prescribed.
(5) Save as otherWIse provided by this Act, the salary and allowances and other conditions of service of the Registrar and employees of the Parishad shall be such as may be approved by the Government.
(6) The Registrar shall be the Secretary and the Executive Officer of the PaTishad. He shall attend all meetings of lhe Parishad and of its Executive Committee, and shall keep minutes of the meetings and names of members present and of the proceedings of such meetings.
(7) The accounts of the Parishad shall be kept by the Registrar, in the prescribed manner.
(8) The Registrar shall have such supervisory powers over the staff as may be prescribed, and may perform such other duties and discharge such other functions as may be specified in this Act, or as maybeprescribed.
(9) The Registrar and employees of the Parishad shall be deemed 10 be public servants within the meaning of se<:lion 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
(10) The Parishad shall adopt the Central Civil Services Rules /IIl/tatis /IIl/tandis,
CHAPTER III
PREI'ARATlQN AND MAINTENANCE OF REGISTER
17. Preparation of Register- (1) As soon as may be after the appointment day, the Registrar shall prepare and maintain thereafter a register of practitioners for Delhi, in accordance with the provisions of this Act.
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(2) The register shall be in such form, and may be divided into such parts, as may be prescribed. The register shall include the full name, address and qualifications with the name of college and university of the registered practitioner, the date on which each qualification was obtained, the date of \'alidlty of the registration and such other particulars as may be prescribed.
(3) Any person who possess any of the quahfications in the First, Second or Third Schedule to the Indian Medicine Central Council Act, 1970 (Central Act 48 of 1970) shaH subject to any condition laid down by or under the Indian Medicine Central Council Act, 1970, at any time on an appliGilion made in the prescribed form to the Registrar and on payment of a prcscribt.'
(4) Every person, whose name was inserted on a date prior to the constitution of the Parishad in the Register of the BoardofAyurvedic and Unani System of Medicine, Delhi, shall continue to be registered practitioner of lhe System concerned, in the Parishad and his name $hall be inserted in the register of the Parishad without any application or payment of fee by such practitioners.
(5) Any person servicing or practising Indian Systems of Medicine in Delhi shall be registered with the Parishad under this Act. \-\lithout registration with the Parishad any person though qualified in Indian Systems of Medicine, shall be liable for action as specified by the Parishad.
(6) Every registered practitioner shall be given a certificate' of registration in the prescribed form. The registered practitioner shall display the certificate of registration in a conspicuous part in the place of his practice andifhe has more than one such piilce in anyone of them but the attested photocopy shall be displayed at every place of prilcti~.
18. Special pro«dure for registntion in ctrbin COlSeS- (I) No person who p
(2) Any person, who holds any such medical qualification may apply to the Parishad for registration by giving a correct description of his qualification, with his degree. diploma, licence or certificate. TIle Parishad shall transmit the same to the Central Council for opinion and shall act according to the opinion.
19.
P~rsons who mOllY notb~r~gistered- Notwithsta.nding anything Cttltained in sections 17and 18. no person whose name has been removed. whether before or after the appointed day, from any register kept under Act or any other lilW for the time being in force in India regulating the registration of practitioners Ofl the ground of professional misconduct, shall be entitled to have his name
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entered in the register, unless his name is duly ordered to be restored to the register from which it was so removed.
20. Fee for and certificate of provisional registration- (1) Any person who desires to be registered provisionally under section 28 of the Indian Medicine Central Council Act, 1970 (Central Act 48 of 1970), shall make an applicationinthe prescribed fann to the Registrar and shall pay the prescribed fee.
(2) E\'ery person whose name is entered III the register under sub-section (I) shall be given a certificate of provisional registration in..the p~bed form. Such certificate shall remain in force for such penod as maybeSpeclllcd therein.
21. Maintenance of register- (1) It shall be the duty of the Registrar to make entries in the register from time to time, to revise the same and to issue certificate of registrationinaccordance with the provisions of this Act, and the nIles made thereunder.
(2) (a) Every Registrar of Deaths on re«iving notice of the death of a practitioner registered under this Act shall forthwith transmit by post of the Registrar appointed under this Act 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 C<.'rtificate and transmission as an expense of his office.
(b) The names of registered practitioners, who die or whose names are directed toberemoved from register under section 23shall be removed therefrom.
(3) Any person whose name is entered in the register and who subsequent to his registration desires to record in the register any change in his name shall, on an application made in this behalf and on payment of prescribed fee be entitled to have such change in his name recorded in the register.
(4) Subject to the provisions of section 30 of the Indian Medicine Central Council Act, 1970 (Central Act 48 of 1970), any person whose name is entered in the register and who subsequent to his registration obtains any additional qualification specified in any of the Schedules to the Indian Medicine Central Council Act, 1970 (Central Act 48 of 1970), shall on an application made in this behalf, and on pilyment of the prescribed fee, be entitled to have
(5) Where it is shown to the satisfaction of the Registrar that a certificate of registration has be<>n lost or destroyed, the Registrar may, on payment of prescribed fee and on furnishing an indemnity bond issue a duplicate certificate after due confirmation and approval of the Executive Committee.
22. Publication of list of registered praclilioners- (1) Every five years. the Registrar shall cause to be printed and published a correct list of all persons for the time being entered. in the register but not later than three months of the start of election process.
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(2) The Registrar shall cause to be printed and published annually on or before a date to be decided by the Executive Committee, an addendum and a corrigendum to the list published under sub-section (1) showing-
(a) the names of all persons for the time being entered or re-entered in the regi.ster, and not included. in any subsisting list already printed and published;
(b) the names of all practitioners included in any subsisting list, whose names have since~n removed on account of any reason whatsoever from, and not re-entered in, the register; and
(c) any other amendments to the sub~isting list.
(3) nl{~ form of the list published under sub-section
(4)A copy of the list referred to in sub-section (1) shall be conclusive evidence in all Courts, and in all judicial or quasi-judicial proceedings, that the persons therein specified are registered according to the provisions of this Act, and the absence of the name of any person from such copy shall be evidence, until the contrary is proved, that such person is not registered according to the provisions of this Act.
Provided that in the case of any person whose name does not appear in such copy, a certified copy under the hand of the Registrar of the entry of the name of , such person on the register shall be evidence that such person is registered under the provisions of this Act.
23. Disciplinary action including removal of names from the Register- (I) The Parishad shall have a disciplinary Committee comprising-
(i) a Chairman to be nominated by the Parishad;
(ii) a legal expert to be nominated by the Parishad;
(iii) one member of Legislative Assembly of Delhi to be nominated by the Speaker thereof;
(iv) an eminent public man nominated by the Government;
(v) an eminent Indian Medicine specialist in the relevant speciality to which the complaint pertains, to be nominated by the Parishad;
(vi) a member nominated by Indian Medicine related association of Delhi with minimum ten years standing in practice.
(2) If a registered practitioner has been, after due inquiry held by the Parishad or by the Executive Committee in the prescribed manner, found guilty of any misconduct by the Parishad or the Executive Committee, the Parishad may-
(a) issue a letter or warning to such practitioner; or
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(b) direct the llame of such practitioner-
(i) to be removed from the register for such period as may be specified in the aforesaid direction; or
(ii) to be removed from the register permanently. E:cpJanatioll- For the purpose of this section. a registered pritCtitioner shall be
deemedtobeguiltyofmisconductif-
(a) he is convicted by a criminal court for an offence which involves morallurpitude and which is cognizable within the meanings of the Code of Criminal Procedure, 1974 (Central Act 2 of 1974), or
(b) in the opinion of the Parishad his conduct is unworthy of the medical profession particularly under any Code of Ethics prescribed by the Parishad or by the Central Council of Indian Medicine constih.ited under the Indian Medicine Central Council Act, 1970 (Central Act 48 of 1970) in this behalf.
(3) The Parishad may, on sufficient cause being shown, direct on any subsequent date that the name of a practitioner removed under the sub-section (2) shall be re-entered in the register on such conditions, and on payment of the prescribed fee, as the Parishad may deem fit.
(4) The Parishad fmly, of its own motion, or on the application of any person, after due and proper inquiry and after giving an opportwlity to the person C'OflI.."'eTl\e of being heard, cancel or alter any entry in the register, if in the opinion of the Parishad, such entry was fraudulently or incorrectly made.
(S) In holding any inquiry under this section, the Parishad or the Executive Committee, as the case may be, shall have the same powers as are vested in Civil Courts under the Code of Civil Procedure, 1908 (Central ActS of 19(5) when trying a suit, in respect of the following malters namely-
(a) enforcing the attendance of any person, and examining him on oath;
(b) compelling the production of documents;
(c) issuing of commissions for the examination of witnesses.
(6) All the inquiries under this section shall be deemed to be judicial P"~~,~""
(7) (a) For the purpose of adVising the Parishad or the Executive Committee, as the case may be, on any question of law arising in any inquiry under this section, there may in all such inquiries be an assessor, who has bet>n for not less than ten years an ad\'ocale enrolled under the Advocates Act, 1961 (Central Act 25 of 1961).
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Explallatiolls- For the purpose of this sub-section, in computing the period during which a person has been enrolled as an advocate, there shall be included any period during which he was enrolled as an advocate under the Indian Bar Council Act, 1926.
(b) Where an assessor advises the Parishad, or the Ex<'Cutivc Committee, as the case may be, on any question of law as to evidence, procedure or any other maller, he shall do so in the presence of every party or person representing a party to the inquiry who appears thereat or if the advice is tendered after the I'arishad or the Executive Committee has begun to deliberate as to its findings, every such party or person as aforesaid shall be informed what advice the assessor has tendered. Such party of person shall also be informed if, in any case, the Parishad or the Executive Committee does not accept the advice of the assessor on any such question as aforesaid.
(c) Any assessor under this s<'Ction may be appointed either generally, or to any particular inquiry, and shall be paid the prescribed remuneration.
(8) The name of every registered practitioner after his death, shall be removed from the register.
24. Renewal and restoration of registration- (1) It shall be the duty of every registered practitioner to get hiS registration renewed after five years from the date of registration or last renewal, as the case may be, on making such
(2) Persons whose registration is cancelled under sub-section(l) after the expiry of the term, shall be eligible for restoration of their registration on fulfilment of such conditions and payment of fees as may be prescribed.
25. Appeals- (1) Any person aggrieved by any decision of the Registr;u under this Act may, within a period of one month from the dale on which the decision is communicated to him, appeal to the Parishad which shall hear and determine thc appeal in the prescribed manner.
(2) Save as otherwise provided in the Indian Medicine Central Council Act, 1970 (Central Acl48 of 1970), the decision of the Parishad under this Act shall be final.
26. Rights of registered practitioners- Notwithstanding anything contained in any law for the time being in fon::e-
(i) the expression 'Legally qualified medical practitioner' or "duly qualified medical practitioner" or "registered praChtioner" of any word importing a person recognised by law as a medical practitioner
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ur member of the med ical profession shall in allActs of the Legislative Assembly of [)elhi and all the CentI"t Acts (in their application to Delhi) in::;uf
(ii) every registered practitioner shall be exempt, 1f he so dc~ires, from $erving on an inquest.
CHAPTER TV
MISCELLANBOUS
27. Constitution of l'atishad for the first time- Notwithstandin~anything contained in section 3 of the t\ct-
(a) the Council for the fir.;t time including the members, the Presidl'nt and Vice Pn;sid<':llt thereof shall be nominated by ~he Gnvemment from amonpt per:;.ons qualified tu be ..lectPd or nomillated as members of tht' rt'spt'l.:tive r.:ategury; and
(b) the members so nominated shall huld uffice for such period nnt exceeding thrL'C yearsinthe ilggregutc as the Government may,by notification in the official Gazelte, specify.
28. General Prnvision applicable to medical praclitioners- The provi~iuns of this Act are in addition to, ,md nut in derug
29. Penalty fur fabely claiming to be registered- If any person whose n
30. False assumption of practitioner under this Act to be.m offence- Any person who f,llsely assumes that be is a practitioner as defined in clause (k) of section 2 and practiSt's the Bhdf
. or HomO€'()pathic or Modem Scientific System (If Medicine.
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31. Court Competent to try offence, under Ihis Act and take cognizance of offence- (1) No court other th"n the court of a Metropolitan Magistrnte shall take cognizaIlU' of, or try an offence, under this Act.
(2) No Court shall take cognizance of any offence under this Act excepl on a complaint in writing by an officer empowered by rules made In this behalf.
32. Control of Covernment- (I) If al any lime it appears 10 the Government Ihat the Parishad or ils President or Vice-President has failed to exercise or has exceeded or abused any of the powers conferred lIpon it or him by or under this Act or has ceased to function, or has become inc,'pilble of functioning, the Governnlent may, if it considers such failure, excess, abusc or incilpaClty to be of a ~erious chnracter, notify the particuhus th..,(('of to the Pnrishad or the President or the Vice-President, as the case may be. If the Pilrishad or the President, or the Vice- President, as the case may be, fails to remedy such failure, exCt->ss, abuse or incapacity within such reasonable time as the Go\'emment may fix in this behalf, the Go\'emment may remove the President or Vice-President or dissolve the Parishad for a specified period, as thec~may be, and in c~ of diSSOlution of the Parishad cause all or any of the powers, duties and funclion of the Parishad to be exerdsed, perfonned and discharged by the Director, Indian System of Medicine of the Go\"cmment or any registered practitioner as the Govenunent may appoint in that behalf.
Provided that a Ilew Pilrishad sh"U be constituted before the expiration of a period of six months from the date of its dissolution.
(2) Notwithstanding anything contained in this Act, or in the rules made thereon. if at any time it appears 10 the Government that the Pilrishild or ilny other authorities empowered to CJ(ercise any of the powers or to perfonn any of the dulles or funclions under this Act, has not been validity constituted or appointed, the Go\"emment may cause any of such powers, duties or functions to be exercised or performed by such person or persons, in such manner and for such period nOI exceeding six months and subject to such conditions, as il things fit.
33. Examining Body- (1) The Government ma~',by notification in the Official Gazelle constitute an Examining Body to be known as the Examining Body for para medical training for Bhllratiya Chikitsa. Delhi for the purpose of holding qualifying examinations for paril medical training ilS per clause (m) of section 2 and prescribing the courses of study and training for such examinations and other mailers related to para-medical training such as Phllrmadst, Nursing courses, Punch Kanna technician, etc.
(2) The Examining Body Shllil be a body corporate with the nilme aforesaid, having perpetual succession and a common sea\, with power to acquire hold and dispose of property and to contact, and shall by the said name sue and be sued.
(3) The Examining Body shall consist of the following eleven members to be nominated by the Govemment namely~
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(a) one member to represent the Department of Health and Family Welfare of the Government;
(b) one member who shall be an official of the Technical Education Board of the Training and Technical Educiltion Department of the Government;
(c) one member from the Centrill Council;
(d) t\\'o members who shall be professors of Ayurvedic System of Medicine;
(e) one member who shall be il professor of Unam System of Medicine;
(f) two practitioners of repute of the !\yurvedic System of Medicine;
(g) one practitioner of repute of the Unani System of medicine;
(h) t\\'o officials of the Directorate of Indian Systems of Medicine of the Government;
(4) The Government shall nominate one of the members to be the Chainnan of the Examining Body.
(5) TIle provisions of sections 12, 13, 14 and 15 shall apply to the Examining Body as they apply in relation to the Parishad, subjcct to the modification that reference to the President therein shall be construed as rderence to the ChaIrman and the reference to f:'lght members in sub-se
(6) A member of the Examining Body shall hold office for such period as may be prescribed by rules by the Government.
Provided that the Government may, for reasons to be recorded in writing. remove any member before the expiry of such term.
Provided further that no order for such removal shall be made unless the member concerned has bl,'en given a reasonable opportunity to show cause against such removal.
(7) Acasual vacancy in the office of a member of the Examining Body shall be filled by fresh nomination and the member nominated to fill a casual vacancy will hold office only so long as the mcmber in whose place he is nominated would have held office if the vacancy had not occurred.
(8) Any member of the Examining Body may, at any time, resign his office by letter addressed to the Government and the resignation shall take effect from the dale on which it is accepted by the Government.
(9) There shall be paid to the members of the Examining Body such fees and allowances for attending meetings as may be prescribed by rules by the Government.
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(10) The Examirung l30dy shall, with thl' preyiou~ ,ipprovaJ of the Government. appoinlil Secretary and ~uchmembers or other employee> a.~ it liMy dl'('tll ilcceS:>.iUY and they shall receive such salary and OlllowancE."S Olnd be subject to such conditiom of ~ryicC" as the Examining Body may, with lh\! approval of thl' Goyernment, prescri~b}' regulations,
(11) The Secretary and otlll'r emplo}'ces of the Examining Body shall be dl!'f'mro 10 be public servants within the meaning of 5eCliOll 21 of the Indian Penal Code, 1860 (Central Act ~5 of 186(1).
(12) In the performance of its functions und~r thiS AM, til(' Examining Body shall be bOWld by such dlreclinn3 as the Govt!mment may give to it in wriling from linle to lirne.
34. Cude of conduct and ethics- The ParL<:had shilll fullow the conduct and code of medical ethks as pJ'l:scribed by the Central Council.
35. Protection uf ;action taken in good f;aith- N0 suit, prosL'CUtiufl or other leR:l1 proceedings shall lie ..gainst the Goyernment, Ihe Parishad. the Committft" or the ElCamining Body thereof or any officer or i\Cn'ant of the Government or the l'arishad or Committee or the ElCamining Body aforesaid tor anything which is in good faith done or intended to be done under Ihis ..\rt.
36. D~I~gation of powers by the Govecrnmenl- Th... Govemment may, by notification in lM Orricial Gazette, duOO th.11 any power exercisable by il under this ,let shall, subject to such conditions, if an~~ a$ may be 5pedfied in the notification be e:l(ern<;able by any of Its officers.
37. Power to m~e rules-- (1) TIle Gow'rnmC'llt may, by notification in the Official Gazelle, and ,,"ubje<:t to the condition of previous publicatIOn, make rules 10 carry oul the purposes of this Act. Sucn rules mil)' be milde to provide for all or any mallers elCpressly n.'quiK>d or allowed by this Act to be prescribed by rules,
(2) In pflrticulilr, and without pn::judicc t'O the g-C'neralily oj the foregoing .power, the Goverrunent may make rules for all or any of the followmg m;ltt(>r~, namcly-
(a) the lime and place at which and the manner in which the clt..'ction of the members, land of the Presidenl and the Vice- President IDall be held under section 3 and 4.
(b) the powers, dulles and functions of tht· PamJiad, the conditions SubjeciiO which tht.')-· shall be exercised and. performed; and regulation of professional conduci of prd.rtitiont'~ by a code of ethics in accordance with section 10;
(c) number of elected members who shall be elected by the Pari...nad from among.\t its members for<:oRStituting the Executive Commiuee of the rilrishad; and the lerm of c;ifi('e of,
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casual vacancies among, and the procedure to be followed by, the
members of the Executive Committee and also the powers and duties
and functions of the Parishad as may be delegated by the Parishad to be exercised, performed and discharged by the Executive Committee, under the provisions of section 11;
(d) the fees and allowances payable to the President, the Vice-President and other members of the Parishad, and to the members of its
Executive Committee under section 12;
(e) the salary and allowances payable to the Registrar and other
conditions of service of the Registrar, manner of maintenance of the
accounts of the Parishad by the Registrar, supervisory powers of the Registrar over the staff and the duties and functions as may be specified in the Act, which may be performed and discharged by the Registrar;
(f) the conditions of service of the officers and staff of the Parishad under sub-section (5) section 16;
(g) preparation and maintenance of register of practitioners, the form of such register, particulars including the name, address and qualification, and validity date of registration etc. of a registered practitioner to be entered in the register, prescription of the form of application to have names registered prescription of fees to be paid for such entry and the manner of payment, prescription of the form of certificate which shall be given to registered practitioner under
section 17;
(h) prescribing the form of application for prOVisional registration, fee payable for such registration and prescribing form of certificate of provisional registration under section 20;
(i) prescription of fee for recording change of name in the register, prescription of the fee payable for entering additional qualification in the register and prescription of fee payable for issue of duplicate certificate of registration under sub-sections (3) and (4) of section 21;
G) the form of the list of registered medical practitioners and manner of the publication of the list under section 22;
(k) manner for taking disciplinary action, etc., against registered practitioners by the Parishad or by the Executive Committee conditions subject to which and the fee for re-entering the name of a practitioner in the register and the remuneration to be paid to an
assessor under section 23;
(I) form of application for renewal of registration by registered medical practitioners, fee payable for re-entry of name which is removed from the register due to non-renewal wlder section 24;
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(Ill) the man,)er in which Jppcills ag,lin:,t the dL'Cl",inn of the l\egislrar shall be he;lrd by the Pilrishad under Sl'CtJOI1 25;
(11) officers who are empowered to milkc il compl"int lmd
(2) of section 31;
(0) the form of the certificuk uf rq~i"t"ltion Ilwnlioning therein the pilrt in which the R'gbtl'red pr~ctitiuller is rf>giSlf>red and the manner uf cJldorscl11cnl of rcnewalthereDf;
(p) the term of uffice of tl,,:.-- 11Il'T[Ih<'r of the Examining Body under sub- seetin" (5) of s~tinn :1:1;
(q) the fl'l's and OI11(>f allowances payable to members of thl' L:xamimng Body for attending meeting under SUb'SL"Cti"" (8) of sedKm 33;
(r) ilny mililer which is to be, or may be, prescribed undN this Act.
311. Regtllations- (1) The l'ilrishad may with the previulls "'Ulcl;",' of lh,> (;,wernment and by notificJtion. milke regulations, not incunsistenl with any rules made under this Ad for Cilrrymg oul the pnwisions of this Act.
(2) In particular. illld withuut prcjudiec to the generality 01 the foregoing power, such rcguliltions ill;.!}' proVide fur all or flny of Ihe follO\,>,ing matkr:;, l1amely-
(a) the time and pl'1Cl' cit whid, IIH' rari~had :;hall hold its meeting lmder :;ection 14;
(b) the S<11ary allowance:; and uther conditiul\s of Sf'fvice of officers ,md :;ervants of th", Pitri~had other Ih"rl IlIP Regislrat' under sUD-Sectioll
(5) of seetiOI\ 16;
(c) all olht'r malters whieh may be necessary for the purpose of carrying out the objects 01 this Aet.
39. Puwens of Ihe Examining Body- (I) The Examining lludy lThly, wilh the previous sanction of the Government, make rcguhltions not inconsistent with any rules made by the Govcrnment and regulations ffi,de by the Pa rish;,d for carrying
(2) In pilrtieu[;lr. ,lOd without prejudice 10 the generality of the foregoing power, such regul.J.tion~ lIlay provide fot' all OJ any of the follOWing matters, namely-
(a) the lime M\d place al which the Examining !lody shall hold its meetings;
(b) U\(' courses of study fot' training and qualifying eXiuninations including the C0Ul"S(' of lraining and examination priot' 10 qU
(c) the 1ilnguJgc in which the examillations shall bo> conducted and jJl~truct;onshall be imparted;
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(d) the admission of students to the bodies or institutions authorised under section 33;
(e) the wnditions under which students "hall be admiHro to the diploma or certificate course and to the qualifying and prior to qUrllifying examinations;
(f) the conditions of appointment of examincn. and thC' conduct of examinations;
(g) any other maller which is required to be, or may be prescribed by regulations_
(3) All regulatiOll5 shall be published in the offid.-.I Gazelle. Provided that the Government may by notification in thC' offici..1Gattllc. cancel "ny rule and regulation.
40. Laying of rules m;tde under seelion 37. regulations m;tde under sections 38 or 39 and orders issued under seclion <12 before Ihe House of Legislative Assembly- E\'ery rule made under section 37. every regulation m.-.de under section 38 or section 39 and evcry order made under section 42 shall be laid. as soon as mrly be after it is made. before the House of the Legislative Assembly of Delhi while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, ilnd if, before the expiry of the session immediately following the session or the successive sessions afores;lid,the House agrees in nlaking .my modifications to the rule or regulation or order, or the House agll"'C that the rule, regular or order, as the C;lse maybe,should not be made, the rule or regulation or order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so. howe\-er, that any such modification or annulment shall be WIthout pfC]udiced to the validity of anything preViously done under that rule. regulation or order.
41. Repeal and savings- (1) As from the date of the commencement of this Act. the F..a.st Punjab Ayun'edit and Unani Practitioners Act. 1949 (East Punjab Act 14 of 1949). as in force in the National Capital Territory of Delhi shall stand repealed.
(2) Notwithstanding the provisions of sub-section (1}-
(a) the pre\'ious operation of the provisions so repeated or anything duly done or suffered thereunder;
(b) subject to the provisions of sub-section (I) anything don~ or any action taken under the Act hereby repealed shall. in so far as it is not inconsistent with this Act. be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly unless and untit superseded by anything done or any action taken under Ihis Art
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