THE PUNJAB STATE FACULTY OF AYURVEDIC AND
UNANI SYSTEM OF MEDICINE ACT,1963
(Punjab Act No. 38 of 1963)
ARRANGEMENT OF SECTIONS
Short title and
Establishment of the Faculty.
Power of State Government to remove members of Faculty from
office in certain cases.
Employees of the Faculty.
Vacancies etc. not to invalidate proceedings of the Faculty.
Terms of Office.
Time and place of meeting of Faculty.
Procedure at meeting of Faculty.
Powers and Functions of the Faculty.
Secretary of the Faculty.
Recognition of institutions.
Conferring, granting or issuing degrees, diplomas or
certificates by unauthorized institutions.
Control of State Government.
THE PUNJAB STATE FACULTY OF AYURVEDIC AND UNANI SYSTEMS OF
MEDICINE ACT, 1963
PUNJAB ACT NO. 38 OF 1963
[Received the assent of
the Governor of Punjab on the 12th October, 1963 and was first published in the Punjab Government Gazette
Legislative Supplement, dated the 28the October,
to establish a Faculty in the State of Punjab in order to
impart instruction, regulate the conduct of examinations, and confer degrees, diplomas
and certificates in the Ayurvedic System and Unani System of Medicine.
it enacted by the Legislature of the State of Punjab in the Fourteenth year of
the Republic of India as follows:-
Short title and Commencement.---(1) This Act may be called
the Punjab State Faculty of Ayurvedic and Unani Systems of Medicine Act, 1963.
It shall come into force on
such date as the state Government may by notification appoint.
Definitions:--- In this Act, unless the context otherwise requires,-
"Director of Ayurveda " 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 of
Ayurveda under this Act and the rules made thereunder;
"Faculty” means the Punjab
State Faculty of Ayurvedic and Unani Systems of Medicine established under
section 3, and includes the Faculty of Indian Medicine, Punjab, referred to in
clause (1) of section 21 ;
"Inspector” means an
Inspector appointed by the Faculty under clause (i) of section 12;
means an examination specified in sub-section (2) of section 15;
means a teaching institution recognized by the Faculty of Indian Medicine,
Punjab, as notified and constituted with Punjab Government, Health Department, Notification No. HBII-24(15)-1961/3607, dated
the 27th January, 1961, or a
teaching institution recognized under section 14;
"Secretary” means the
Secretary of the Faculty appointed under sub-section (1) of section 13;
all other words and
expressions used but not defined in this Act shall have the meaning assigned to
them in the law relating to the registration of Ayurvedic and Unani
Practitioners for the time being in force in the State of Punjab.
Statement of objects and Reasons, see, Punjab Government Gazette
(Extraordinary), Page 994.
3.Establishment of the Faculty:- with effect from such date State
Government may, by notification, appoint, there shall be establishment for the
purpose of this act a Faculty to be known’s as "the Punjab State Faculty of
Ayurvedic and Unani Systems of Medicine”.
(2) The Faculty shall be a
body corporate with the name aforesaid perpetual succession and a common seal
with power, subject to the part of this act, to acquire, hold and dispose of
property, and to contra may by that name sue and be sued.
(3) The Faculty shall
consist of the Director of Research and Education, Punjab, the Director of
Ayurveda and the following other member to be appointed by notification by the
state Government, namely:-
(i) three principals from
the recognized institutions in Ayurvedic System and Unani System,
(ii) two members of the
Board recommended by it, and
(iii) three registered
practitioners whose names are entered or do to be entered in part I of the
Register of which one shall person practicing the Unani System.
The Director, Research and
Medical Education, Punjab, shall be Chairman and the Director of Ayurvedic
shall be the Vice – Chairman of Faculty.
Power of State Government to remove members of Faculty from
of in certain cases. – The State Government may remove from office any member of
the Faculty who-
Has been adjudged as an
Has been convicted of such
offence involving moral turpitude as State Government may, by notification,
Has become physically or mentally
incapable of acting as a member,
Absents himself without
sufficient cause from three consecutive ordinary meeting of the Faculty.
Ceases to be principal of
the institution, or member of the board or ceases to be a registered
So abuses his position as
to render his continuance in office detrimental to public interest.
Employees of the Faculty:- Subject to the provisions of section
and the rules made by the State Government in this behalf, the Faculty may for
the purpose of enabling it to efficiently perform its functions under the Act,
appoint such number of persons as its employees as it may think fit and
determine their remuneration and other conditions of service.
Vacancies etc. not to invalidate proceedings of the Faculty :- No act done, or
proceeding taken, under this Act by the Faculty shall be invalid merely on the
Of any vacancy or defect in the constitution of the Faculty;
(b) of any defect of irregularity in the appointment of a
person acting as a member thereof ; or
(c) of any defect of irregularity in such act or proceeding
not affecting the merits of the case.
of Office. - (1) The term of office of the members of the Faculty referred
to in clauses (i), (ii) and (iii) of sub-section (3) of section 3 shall be five
years to be computed from the date of publication of the notification :
Provided that a person appointed to fill a casual vacancy
shall hold office only so long as the member in whose place he is appointed
would have held office if the vacancy had not occurred.
An outgoing member shall continue in office until the appointment of his
successor has been notified and shall be eligible for re-appointment:
8. Resignation – Any member of the
Faculty may at any time resign his office by letter addressed to the Chairman
and the resignation shall take effect from the date it is accepted by the State
9. Vacancies- When the office of a
member of the Faculty becomes vacant by his death, resignation, removal or
otherwise, the vacancy shall be filled in the same manner as is provided in
10. Time and place of meeting of
Faculty-The Faculty shall meet at such time and place and every meeting of the Faculty
shall be convened and held in such manner as may be prescribed by regulations
or rules, as the case may be, made under
Provided that until such regulations or rules are made, the
Chairman shall be competent to convene and hold a meeting of the Faculty at
such time and place and in such manner as he may deem expedient by letter
addressed to each member.
at meetings of Faculty. - (1) The Chairman or, in his absence, the
Vice-Chairman shall preside at every meeting of the Faculty and in the absence
of both, the members present shall elect one of themselves to preside at the
All questions at a meeting of the Faculty shall be decided by the votes of the
votes of the majority of the
members present and voting.
Three members of the Faculty shall form the quorum.
(4) At every meeting of the Faculty,
the Chairman for the time being shall, in addition to his vote as a member of the Faculty,
have a second or casting vote in case of equality of votes.
12. Powers and functions of the
Subject to be Provisions of this Act, The Powers and functions of the Faculty
to prescribe the course of training and the standard and subjects of qualifying examinations including the
examinations prior to such qualifying examinations :
to hold qualifying examinations and other examinations, to appoint examiners,
to fix their fees and allowances and to declare the results of examination:
to grant degrees, diplomas or certificates:
to award stipends, scholarships, medals, prizes and other rewards:
to recommend recognition to teaching institutions for the purpose of giving
instruction in the Ayurvedic System or Unani System. Or to recommend the
cancellation of their recognition;
to prepare, publish and prescribe text-books and to publish statements of
prescribed courses of study:
to found and maintain a library;
recommend schemes for post-graduate training and research in the Ayurvedic
System or Unani System;
to provide for the inspection of institutions giving instruction in Ayurvedic
system or Unani System and to require such institutions to furnish such
information as the Faculty may direct;
to appoint such Inspectors from amongst the practitioners entered in Part I of
the Register as may be necessary for carrying out the provisions of this Act or
the rules, regulations or bye-laws made thereunder;
to appoint any committee or board of studies as may be necessary and to lay
down their constitution, duties and functions;
to exercise such other powers and perform such other functions as may be
specified in this Act, or in the rules, regulations or bye-laws made
thereunder, or as the State Government may be notification direct for carrying
out the purposes of this Act.
Explanation: - The Committees or
board of studies referred to in clause (k) may have such persons as their
members as are not members of the Faculty.
13. Secretary of the Faculty- (I) The Faculty shall, with the previous
approval of the State Government, appoint a Secretary who shall receive such
salary and allowances and be subject to such conditions of service as may be
prescribed by the rules made under this Act.
Subject to the provisions of this Act and general or special order of the
Faculty, it shall be the duty of the Secretary to arrange for, and to maintain,
and to be responsible to the Faculty for, the efficient running of its office.
14. Recognition of institutions- (1) Any teaching
institution seeking recognition under this Act shall send an application to the
Secretary and shall give full information in respect of the following matters,
(a) The constitution and personnel of
the managing body:
(b) Subjects and courses in which it
gives or proposes to give instruction;
(c) Accommodation, equipment and the
number of students for whom provision has been or is proposed to be made;
(d) the strength of the staff, their
salaries, qualification and the research work done by them;
Fees levied or proposed to be levied and the financial provision made for
capital expenditure on buildings and equipment and for the continued
maintenance and efficient working of the institution.
The Secretary shall place the application before the Faculty and the Faculty
may direct the Secretary to call for any further information which it may deem
necessary and may also direct an inquiry to be made by a competent person or
persons authorized by it in this behalf.
After recording the report of such inquiry and after making such further
inquiry as may be necessary, the Faculty shall forward the application together
with its report to the State Government stating its opinion whether the
recognition asked for should or should not be granted.
The State Government may thereupon grant or refuse the recognition or may grant
it subject to such conditions as it deems fit and the decision of the State
Government shall be final.
15. Qualifying examination – (1) The Faculty shall
by bye-laws prescribe the course of training and qualifying examinations
including the examination prior to qualifying examination and may also provide
by such bye-laws that instruction and examination shall, as far as possible, be
given or held in such languages as may be specified therein.
A qualifying examination shall be an examination in the Ayurvedic System or
Unani System held by the Faculty for the
purpose of granting a degree, diploma, or certificate in the Ayurvedic System
or Unani System and such other examination for that purpose as the State
Government may by notification direct:
Provided that the students
of the recognized institutions only shall be competent to
in the examination.
16, Conferring, granting or issuing
degrees, diplomas or certificates by unauthorized institutions. --(1) No person or
institution, other than the Faculty, shall confer, grant or issue or hold
himself or itself out as entitled to confer, grant or issue any degree, diploma
or certificate referred to in sub-section (2) of section 15 or which is
identical with or is a colourable imitation of any such degree, diploma or
Whoever contravenes the provisions of sub-Section (1) shall, on con-viction, be
punishable with fine which may extend to one thousand rupees.
Where an offence under this section has been committed by a company, the
company as well as every person in charge of, and responsible to, the company
for the conduct of its business at time of the commission of the offence shall
be deemed to be guilty of the offence and shall be liable to be proceeded and
punished accordingly :
Provided that, nothing contained in this sub-section shall
render any such person liable to any punishment, if he proves that the offence
was committ without his knowledge or that he exercised all due diligence to
prevent the commission of such offence.
Notwithstanding anything contained in sub-section (3), where an offence under
this section has been committed by a company and it is proved that the offence
has been committed with the consent or connivance of, or that the commission of the offence is
attributable to any neglect on the part of, any director, manager, secretary or
other officer of the company, such director, manager, secretary or other
officer shall also be deemed to be guilty of that offence and shall be liable
to be proceeded against and punished accordingly.
Explanation- For the purposes of this
"Company” means any body
corporate and includes a firm or other association of individuals, and
"Director” in relation to
a firm is a partner in the firm.
17. Bye-laws- (1) The Faculty may, with the previous approval of
the State Government, make bye-laws not inconsistent with this Act or the rules
made thereunder for the matters, namely:-
(a) the course of study
for training and qualifying and other examinations;
(b) the language in which
the examinations shall be conducted and instruction given;
(c) the admission of
students to recognized institution;
(d) the conditions under
which students shall be admitted to degree, diploma, or certificates course and
to the qualifying examination;
(e) the conditions of
appointment of examiners and the conduct of examinations;
(f) the conditions for the
recognition of teachers in recognized institutions;
(g) the requirements for
the recognition of teaching institutions;
(h) Such other matters as
may be necessary for the exercise of powers and performance of function to be
exercised or performed by the Faculty under this Act.
(2) All bye- laws shall be
published in the Official Gazette.
(3) In Submitting bye-laws
for the approval of the State Government under this section the Faculty shall
send a copy of its proceeding relating to the passing of such bye-laws and
shall state the number of its members re-presenting the Ayurvedic System and
Unani System, who voted for or against such bye-laws or did not vote in respect
of such bye-laws.
(4) In approving the said
bye-laws, the State Government shall give due consideration to the opinion of
the members of Ayurvedic System and Unani System as expressed in the
(5) The State Government
may by notification and in consultation with the Faculty cancel any bye-law
made under this section.
18. Rules. - (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 going power, such rules may provide
for all or any of the following matter.
(a) the manner in which
the meetings of the Faculty shall be convened and held;
(b) the salary, allowances
and other conditions of service of the Secretary;
(c) the application of
fees levied by the Faculty;
(d) travelling and other
allowances payable to members the Faculty and their conditions of services;
(e) the execution of
instruments and mode of entering into contained by or on behalf of the Faculty,
and the proof of documents purporting to be executed, issued or signed by or on
behalf of the Faculty ;
(f) the furtherance of any
of the objects of this Act.
(3) Every rule made under
this section shall be laid as soon as may be after it is made before each House
of the State Legislature while it is in session for a total period of ten days
which may be comprised in one session or in two successive sessions, and if
before the expiry of the session in which it is laid or the session immediately
following, both Houses agree in making any modification in the rule shall
thereafter have effect only in such modified form or be of no effect, as the
case may be so however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.
19. Regulations.-(1) The Faculty may, with the previous
approval of the State Government make regulations not inconsistent with this
Act or the rules made thereunder for any of the following matters, namely:-
(a) the time and place at
which the Faculty shall hold its meeting;
(b) the salary, allowances
and other conditions of service of officers and servants of the Faculty other
than the Secretary;
(c) all other matters
which may be necessary for the purpose of carrying out the objects of this Act.
(2) All regulations shall
be published in the Official Gazette.
20. Control of State
Government--. If at any time it appears to the State Government that the
Faculty has neglected to exercise, or has exceeded or abused, any powers
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
Faculty; and in the Faculty fails to remedy such neglect, excess or 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 Faculty to be exercised and performed by such agency and for such period as
the State Government may think fit.
Provisions :--( 1) The Faculty of Indian Medicine, Punjab , notified and
constituted under Punjab Government, Health apartment, notification No.
HBII-24(15)1961/3607, dated the 27th January, 1961, shall until the Faculty is established and
constituted under and in accordance with the provisions of this Act, be deemed
to the Faculty established and constituted under this Act for the purpose of
carrying out the provisions of this Act.
(2) Anything done or any
action taken by the Faculty of Indian Medicine, Punjab, so notified and
constituted (including any appointment made, notification, order, instruction
or direction issued, bye-law or form educated, qualifying or other examinations
held, training or courses of studies described, degrees, diplomas or
certificates conferred, granted or issued, institutions recognized or
affiliated, fees fixed or levied or levied or stipends, larships, medals,
Prizes or rewards awarded ) shall be deemed to have can dose or taken under the
provisions of this Act shall continue to be in force accordingly unless and
until superseded or amended by anything done or any action taken under this