CHAPTER 1
PRELIMINARY

1. Short title, extent and commencement
(1) This Act may be called the Chhattisgarh Ayurvedic, Uninani Tatha Prakritic Chikitsa-Vyavasayi Adhiniyam, 1970.
(2) It extends to the whole of Chhattisgarh.

2. Definitions
In this act, unless the contest otherwise, requires:

1. "Approved institutions" means a hospital, health centre or other such institution in which a person may undergo training, if any, required by his course of study before the award of any medical qualification in respect of the Ayurvedic or Unani Systems of medicine or Naturopathy;
2. "Ayurvedic System" means the Ashtang Ayurvedic System and includes the Sidha, whether supplemented or not by such modern advances as the Board may, from time to time, determine;
3. "Board" means the Chhattisgarh Board of Ayurvedic and Unani Systems of Medicine and Naturopathy established and constituted under sections 3 and 4;
4. "Enlisted practitioner" means a practitioner whose name is entered in the list maintained under section 28;
5. "Naturopathy" means the system of Naturopathy whether supplemented or not by such modem advances as the Board May, from time to time, determine;
6. "President" means the President of the Board;
7. "Practitioner" means a practitioner of Ayurvedic or Unani System of medicine or Naturopathy;
8. "Recognised qualification" means a qualification in Ayurvedic or Unani System of Medicine or Naturopathy specified in the Schedule;
9. "Registered practitioner" means any person enrolled on the State register of practitioners or deemed to have been enrolled under the provisions of this Act;
10. "Regulations" means Regulations made under section 43;
11. "State register of practitioners" means a register maintained under section 24;
12. "Unani System" means the Unani Tibbi System of medicine, whether supplemented or not by such modern advances as the Board may, from time to time, determine.

1 [(a) the Joint Director of Ayurveda;]
2[(aa)the Deputy Director of Ayurveda;]
(b) the Assistant Director of Ayurveda;
(c) one member representing each revenue Commissioner's division in the State elected by registered practitioners from amongst themselves,

(d) not less than five and note more than ten members to be nominated by the State Government of whom at least:

(i) One shall be from smongst the teaching staff of Government Colleges in the State imparting instructions exclusively in Ayurvedic or Unani System of medicine or Naturopathy.
(ii) One shall be from amongst the teaching staff of colleges in the State imparting instructions exclusively in Ayurvedic or Unani System of medicine or Naturopathy other than those specified in sub-clause (i) above;
(iii)One each shall be from amongst the registered practitioners of Ayurvedic or Unani System of Medicine or Naturopathy,

(a) if he is not a citizen of India; or
(b) if he is an undischrged insolvent, or
(c) if he is of unsound mind and stands so declared by a competent court, or
(d) if he has been convicted by a criminal court of an offence punishable with imprisonment for more than six months and which punishment has there after neither been set aside nor remitted and such person has not been exempted from the disqualification caused by such punishment by an order of the State Government; or
(e) if he is an employee of the Board and is remunerated by salary or honorarium (which expression shall not include fees or commission),or
(f) if his name has been removed from the State register of practitioners.

(a) Subsequently becomes subject to any of the disqualifications mentioned in section 6; or
(b) being a legal practioner, acts or appears on behlaf of any other person against the Board or the State Government in any legal proceeding, whether civil or criminal in which the Board is or has been concerned;
(c) absents himself without such reasons as may, in the opinion of the board be sufficient, from three consecutive ordinary meetings of the Board;

The Board shall declare his office to be vacant;

Provided that no declaration shall be made under this section unless the member concerned has been given a reasonable opportunity of being heard.

(a) any vacancy in, or defect in the Constitution of the Board; or
(b) any defect in the election or nomination of a person acting as a member thereof; or
(c) any irregularity in its procedure not affecting the merits of the case.

(a) to maintain the State register of practitioners and the list of practitioners as required under sections 24 and 28 respectively
(b) to hear and decide appeals from any decision of the Registrar in such manner as may be prescribed;
(c) to prescribe a code or ethics for regulating the professional conduct of registered and enlisted practitioners :
(d) to reprimand a registered or enlisted practitioner, or to suspend or remove him from the State Register of practitioners or from the list, as the case may be, or to take such other disciplinary action against him as may, in the opinion of the Board be necessary or expedient.

(1)The Board shall appoint a Registrar who shall act as Secretary of the Board.

(2) The Board may employ such other officers and servants as it may deem necessary for earring out the purposes of this Act.

(3) The qualifications, the conditions of appointment and service and scale of pay as respects the Registrar shall be such as may be prescribed and as respects the other employees, shall be such as the Board may, with the previous sanction of the State Government determine by regulations.

(4) The Board shall require and take from the Registrar or from any other officer such security for the due performance of his duties as the Board deems necessary.

(5) The Registrar or any other officer or servant appointed by the Board under this section shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).

21. Duties of Registrar.

(1) It shall be the duty of the Registrar to keep the State register of practitioners in accordance with the provisions of this Act and from time to time to revise it in the prescribed manner and to discharge such other functions as are or may be required to be discharded by him under this Act and the rules and regulations made thereunder.

(2) The Registrar shall see that the State register of practitioners is as far as possible correct at all time and may from time to time enter therein any material alteration in the address or qualifications of a registered practitioner.

(3) The name of any registered practitioner who dies or whose name is directed to be removed from the register under section 29 shall be removed from the register by the Registrar.

(4) For the purposes of this section, the Registrar may send a letter by registered post acknowledgement due to any registered practitioner at the address entered against his name in the State register of practitioners inquiring whether he has ceased to practice or has changed his address, and if no answer to the said letter is received within six months of the receipt of the letter by the Registrar, the Registrar shall remove the name of the practitioner from the register and publish the fact of removal in such manner as may be prescribed:

Provided that the Board may, if it is satisfied that the said practitioner has not ceased to practice, on the application of the said _ practitioner direct that his name shall be restored in the register.

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CHAPTER-VI
FUND OF BOARD

22. Board Fund
(1) The Board shall establish a fund to be called the Board Fund.
(2) The following shall form part, or be paid into, the Board Fund :—

(a) any contribution or grant by Central or State Government;
(b) income of the Board from all sources including income from fees and fines;
(c) trusts, bequests, donations, endowments and other grants, if any:
(d) all other sums received by the Board.

23. Objects to which Board Fund may be applied.
(1) The Board Fund shall be applicable to the following objects :—

(a) the repayment of debts incurred by the Board for the purposes of this Act and the rules and regulations made there under;
(b) the expenses of any suit or Proceedings to which the Board is a party;
(c) the payment of the salaries and allowances to the officers and servants of the Board;
(d) the payment of allowances to the office bearers of the Board;
(e) the payment of any expenses incurred by the Board in carrying out the Provisions of this act and the rules and regulations made there under;
(f) any other expenses incurred for the promotion and development of medical education, research and training declared by the Board to be in the general interest of medical profession.

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CHAPTER-VII
REGISTRATION OF PRACTITIONERS

24. State Register of Practitioners.
(1) The Board shall cause to be maintained in the manner prescribed a register of pactitioners resident in the *'Chhattisgarh to be known as the State Register of Practitioners.
(2) The State register of practitioners shall be in such form as may be prescribed and shall contain the name address and qualification of every registered practitioner together with the date on which such qualifications were acquired.
(3) Such register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 (1 of 1872),

25. Person who may registered and registration fee.
(1) Every person possesing a recognised qualification shall be eligible for enrollment on the State Register of practitioners on furnishing to the Registrar Proof of such qualification and on payment of such fee not exceeding [one hundred] rupees as may be prescribed.
(2) Every person applying to have his name entered in the State Register of Practitioners shall satisfy the Board that he possesses any qualifications which entitles him to claim registration under this Act and he shall inform the Registrar of the date on which he obtained such qualification and shall furnish such other information as may be required by the Registrar in order to enable him discharge his duties under this Act.

26. Registration of additional qualifications.
If any person whose name is entered in the State Register of practitioners obtains any title, diploma or other qualification in Ayurvedic or Unani System of Medicine or Naturopathy he shall, on application made in this behalf in the prescribed manner and on payment of a fee of five rupees be intitled to have an entry stating such other title, diploma or other qualification made against his name in the state register for practitioners either in substitution for, or in addition to any entry previously made.

27. Provisional registration for clinical practice.
If the courses of study to be under gone for obtaining a recognised qualification include a period of training after a person has passed the qualifing examination and before such qualification is conferred on him. any such person shall on application made by him in this behalf, be granted provisional registration in the State register of practitioners in oreder to enable him, to practice medicine in an approved institution for the aforesaid training period.

28. Maintenance of list of persons in practice other than those eligible for registration or deemed to be enrolled on State Register of Practitioners.
(1) The Board shall cause to be prepared a list of persons: —

1 [(a) ********************************]
(b) who have been' in regular practice of medicine in Ayurvedic or Unani System of medicine or Naturopathy in the State for a period of not less than 5 years, immediately before the date specified under subsection (1) of section 3 (here in after in this section referred to as the "specified date") and such practice has been the sole means of earning their livelihood and who are not eligible for registration under this Act or are not deemed to be enrolled on the state register of practitioners under clause (e) of subsection (1) of section 44.

(2) Any practitioner falling under subsection (1) and desirous of getting his name incorporated in the list reffered to therein shall submit an application in the prescribed from together which such fee not exceeding fifty rupees as may be prescribed to the Registrar within [five] years from the specified date;
3[**********************************************]

(3) The Board shall, after making enquiry:—
4[(a)**********************************************]
(b) with respect to the persons falling under clause (b) of subsection (1) as to the fact of their practising medicine in Avurvedic or Unani System of Medicine or Naturopathy in the State as Stated in the said clause; and on being satisfied that the applicant fulfils the requirements set out [ in clause (b) of sub-section (1)], incorporate the name of the applicant in the list.

(4) The person whose name is included in the list prepared under this section shall be entitled to all the privileges of a registered practitioner specified in sub-section (2) of section 33.

(5) The Registrar shall, as soon as may be after the expiry of the period specified in sub-section (2) [ ****************************************] thereunder, publish the list of persons prepared under sub-section (1) in the Gazette and the publication of such list shall be conclusive evidence of the eligibility of the person included therein to the previleges to which he is entitle under sub-section (4).
2[(6) An enlisted practitioner shall on completion of thirty years of regular practice of medicine in Ayurvedic or Unani system of medicine or Naturopathy in the State and attainment of the age of 48 years, be eligible for enrollment on the State Register of Practitioners and the provisions of section 25 shall mutatis mutandis apply to such enrollment.]


29. Power of Board to prohibit entry in or to direct removal from State Register of Practitioners or list.
(1) The Board may, upon reference from the Registrar or otherwise, prohibit the entry in, or order the removal from, the State Register of practitioners or the list maintained under section 28 the name of any person :—

(a) who has been sentenced by a Criminal Court to imprisonment for an offence indicating in the opinion of the Board such a defect in the character as would render the enrollment or continuance of his name in the register or list, as the case
may be, undesirable; or

(b) whom the Board after inquiry, which may at the discretion of the Board be held in camera, found guilty of professional misconduct by a majority of two thirds of the members present and voting at the meeting;

(c) Whom the Board, after enquiring into his objections, if any, found to have fraudulently obtained registration in the State register of practitioners or enrollment in the list maintained under section 28.

(2) The Board may direct the removal altogether or for a specified period from the State Register of practitioners or the list, as the case may be of the name of any registered practitioner or an enlisted practitioner’ under subsection (1).

(3) The Board may direct that any name removed under sub-section (2) shall be restored subject to such condition, if any, which the Board may deem fit to impose.

30. Revision of list.
The Board shall cause the list maintained under section 28 to be revised at such intervals and in such manner as may be prescribed.

31.Procedure in enquiries
For the purpose of any enquiry under section 25, 28 and 29, the Board shall be deemed to be a Court within the meaning of the Indian Evidence Act, 1872 (1 of 1872), and shall exercises all the power of a Commissioner appointed under the Public Servants (Inquiries) Act, 1850 (37 of 1850), and such enquiries shall be conducted, as far as may be, in accordance with the provisions of section 3 and section 8 to 20 of the Public Servants (Inquiries) Act, 1850 (37 of 1850).

32. Appeal against decision of Board.
(1) An appeal shall lie to the State Government against every decision of the Board under sections 25, 28 and 29. (2) Every appeal under subsection (1) shall be preferred within three months from the date of the receipt by the party concerned of a copy of such decision.

33. Privileges of Registered Practitioners
(1) Notwithstanding anything contained in any law for the time being in force, the expression "legally qualified medical practitioner" or "duly qualified medical practitioner" or any word or expression importing a person recognised by law as a medical practitioner or as a member of the medical profession shall in all Acts of the Legislature of *Chhattisgarh and in all Central Acts in their application by * Chhattisgarh in so far as such Acts relate to any of the matters specified in List II or List III of the Seventh Schedule to the Constitution of India include a registered practitioner.

(2) Subject to the conditions and restrictions laid down in this Act regarding medical practice by persons possessing recognised qualification every person whose name is for the time being borne on the State Register of practitioners shall be entitled, according to his qualifications to pactise within the State as a medical
practitioner and to recover in due course of law in respect of such practice, any expenses or charges in respect of medicaments or other appliances or any fee to which he may be entitled;

(3) A certificate required by any Act to be given by a medical practitioner shall be valid if such certificate has been given by a registered practitioner.

(4) A registered practitioner shall be eligible to hold any appointment as a physician, surgeon or other medical officer in any Ayurvedic or Unani or NaturopathyDispensary, Hospital, infirmary or lying in Hospital supported by or receiving a grant from the State Government and treating patients according to the Ayuvedic or Unani System of Medicine or Naturopathy in any public establishment, body or institution in which such system of medicine is practised.

CHAPTER-VIII
MEDICAL PRACTITIONERS GENERALY

34. Prohibition to practice, etc, of persons not registered under this Act.
Notwithstanding anything contained in any other law for the time being in force —
(i) no person other than a registered practitioner or a person whose name is entered in the list prepared under section 28 shall practice or hold himself out, whether directly, or by implication as practicing or competent to practise the Ayurvedic or Unani system of medicine or Naturopathy;
(ii) no person other than a registered practitioner—
(a) shall sign or authenticate a birth or death certificate required by any law or rule for the time being in force to be signed or authenticated by a duly qualified medical practitioner; or
(b) shall sign or authenticate a medical or physical fitness certificate required by any law or rule for the time being in force to be signed or authenticated by a duly qualified medical practitioner; or
(c) shall be qualified to give evidence at any inquest or in any Court of law as an expert under section 45 of the Indian Evidence Act, 1872 (1 of 1872).

35. Penalty.
Whosoever willfully or falsely assumes or uses any title or description on or any addition to his name implying that he holds a recognised qualification or that he is a registered practitioner or that his name is entered in the list maintained under section 28 or acts in contravention of the provisions of section 34 shall be punishable with fine which may extend to five hundred rupees for a first offence and to fine which may extend to one thousand rupees for every subsequent offence.

CHAPTER-IX
MISCELLANEOUS

36. Control by State Government.
If at any time it appears to the State Government that the Board has failed to exercise or has exceeded or abused any of the powers conferred upon it by or under this Act or has failed to perform any of the duties conferred upon it by or under this Act, the State Government may, if it considers such failure, excess or abuse to be of a serious character notify the particulars thereof to the Board, and if the Board fails to remedy such failure, excess or abuse within such time as the State Goverment may fix in this behalf the State Government may dissolve the Board and cause all or any of the powers and duties of the Board to be exercised and performed by such person and for such period not exceeding two years as it may think fit and shall take steps to bring in to existance a new Board.

37. Amendment of schedule
Any university, board or institution in india which grants a medical qualification in Ayurvedic and Unani system of medicine or Naturopathy not included in the schedule may apply to the State Government to have such qualification recognised and the State Government, after consulting the Board may, by notification, amend the schedule so as to include such qualification there in and any such notification may also direct that such medical qualification shall be a recognised qualification when granted after a specified date.]

38. Restriction on sunmoning of Board's servants to produce documents.
No member or officer or servant of the Board shall in any legal proceeding to which the Board is not a party, be required to produce any register or document or to appear as a witness to prove the matters recorded therein, unless the court for special reasons, so directs.

39.Indemnity to persons acting under this Act.
No suit, prosecution or other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under this Act or under the rules or regulations made there under.

40. Court competent to try offences under this Act and cognizance of offence
(1) No court other than Court of 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 by an officer empowered by the State Government in this behalf.

41. Exemption from serving on Inquest.
Notwithstanding anything in any other law for the time being in force every, registered practitioner shall be exempted if he so desires, from serving on any inquest or as a juror or assessor under the Code of Criminal Procedure, 1898 (5 of 1898).

CHAPTER-X
RULES AND REGULATIONS

42. Power to make rules.
(1) The State Government may, subject to the conduction of 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, the State Government may make rules prescribing the following:—
(a) the manner in which the President and the Vice President shall be elected under sub-section (2) of section 4;
(b) the mode of election under sub-section (1) of section 5;
(c) the period within which the dispute regarding election to the
Board shall be referred to the State Government under sub section (2) of section 5;
(d) the traveling and other allowances to which the members of the Board shall be entitled under sub-section (1) of section 18;
(e) the manner in which appeal shall be heard and decided under clause (b) of sub-section (2) of section 19;
(f) the qualifications, the conditions of appointment and service and scale of pay as respects the Registrar under sub-section (3) of section 20;
(g) the manner in which the State register of practitioners shall be revised by the Registrar under sub-section (1) of section 21. :
(h) the manner in which the fact of removal of the name of a registered practitioner from the state register of practitioners shall be published under sub-section (4) of section 21;
(i) the manner in which the State register of practitioners shall be maintained by the Board under sub-section (1) of section 24;
(j) the proof of qualification on furnishing of which and the fee on payment of which a person shall be eligible for enrolment one the state register of practitioners under sub-section (1) of section 25;
(k) the manner in which an application shall be made under section 26 for entry of any title, diploma or other qualification in Ayurvedic or Unani System of medicine or Naturopathy in State register of practitioners;
(I) the form in which and the fee together with which an application shall be made under sub-section (2) of section 28 for incorporation of name of a practitioner in the list of persons in practice; and'
(m) the intervals at which the list of persons in practice shall be revised under section 30.
(3) All Rules made under this section shall be laid on the table of the legislative assembly.

43. Power to make regulations
(1) The Board may subject to the provisions of this Act and the rules made there under make regulations generally to carry out the purposes of this Act.
' (2) In particular and without prejudice to the generality of the foregoing power, such regulation may, provide for—
(a) the management of the property of the Board and the maintenance and audit of its accounts;
(b) the summoning and holding of meetings of the Board, the time and places where such meetings are to be held, the conduct of business thereat;
(c) the powers and duties of the President and Vice-President;
(d) the mode of appointment of Committees, summoning and holding of meetings and the conduct of business of such Committees;
(e) the tenure of office, and the powers and duties and other conditions of Service of officers and servants of the Board other than the Registrar;
(f) Such other matters as may be necessary for the exercised of the powers and performance of duties and functions by the Board under this Act.

CHAPTER-XI
REPEAL

44. Repeal of certain enactments and saving.
(1) As from the date specified for the establishment of Board in the notification under sub-section (1) of section 3 the following consequences shall ensuer, namely ;—
(a) the Central Provinces and Berar Ayurvedic and Unani Practitioners Act, 1947 (IV of 1948); the Madhya Bharat Indian Medicines Act, Samvat 2007 (No; 28 of 1952) and the Medical Practitioners Registration Act, 1935 (Bhopal Act VII of 1935) in so for as it relates to practitioners practising Ayurvedic and Unani System of Medicine shall stand repealed;
(b) the Madhya Bharat Indian Medicine Board and the Mahakosha! Board of Ayurvedic and Unani Systems of Medicine shall stand dissolved;
(c) the medical Council established under section 3 of the Medical Practitioners Regestration Act, 1935 (Bhopal Act VII of 1935) shall in relation to practitioners in Ayurvedic and Unani System of medicine on its register, cease to exercise jurisdiction;
(d) all assets and liabilities ot the Board referred to in clause (b) shall belong to and be deemed to be the, assets and liabilities of the Board established under section 3;
1[(e) all such Registered practitioners Registered under any of the acts repealed under clause (a) or the Rajasthan Indian medicine act, 1953 (no. 5 of 1953) and residing in the State shall be deemed to be enrolled as Registered practitioners in the State Register of practitioners]
(f) all employees belonging to or under the control of the Boards referred to in clause (b) immediately before the date aforesaid shall be deemed to be the employees of the Board established under section 3;
Provided that the terms and conditions of service of such employees shall be the same, until altered by the Board with the previous sanction of the State Government; Provided also that no sanction under the foregoing proviso shall be accorded by the State Government until the person affected thereby is given a reasonable opportunity of being heard;
(g) all records and papers belonging to the Board referred to in clause (b) shall vest in and be transferred to the Board established under section 3.
. (2) Notwithstanding the repeal of the enactments mentioned in clause (a) of sub-section (1), all the persons who were immediately before the date specified under sub-section (1) of section 3, pursuing any course of study prescribed for a qualifying examination as defined in clause (9) of section 2 of the Central Provinces and Berar Ayurvedic and Unani Practitioners Act, 1947 (IV of 1948) or any course of study prescribed under section 32 of the Madhya Bharat Indian Medicine Act, Samvat 2007 (No. 28 of 1952) shall be entitled to pursue the same and appear for the examination for which they were preparing and for that purpose, notwithstanding anything contained in this Act:—
(i) the Board established under section 3 shall exercise all the powers and discharge all the functions of the Board dissolved under clause (b) of sub-section (1); and
(ii) institutions authorised under section 22 of the Central Provinces and Berar Ayurvedic and Unani practitioners Act, 1947 (IV of 1948) or affiliated to the Madhya Bharat Indian Medicine Board shall continue to function till the last batch of such persons would in the normal course appear for the examination and for a period of one year there after;
as if the said Acts had not been repealed and the Board established under section 3 were the Board constituted under the said repealed Acts.

45. Repeal of Ordinance No.14 of 1970
The *Chhattisgarh Ayurvedic, Unani Tatha Prakritik Chikitsa Vyavasayi Adhyadesh, 1970 (No. 14 of 1970) is hereby repealed.

SCHEDULE
[See section 2 (h)]
PART "A"
Recognised qualifications in Ayurveda, Unani System of Medicines and Naturopathy granted by Universities or Institutions in the State.

PART"B"
Recognised qualifications in Ayurveda, Unani System of Medicines and Naturopathy granted by University or Institutions outside the State/Country.