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Received the assent of the president of India on 29th November, 1963. and first Published for General information in the Punjab Government. Gazette (Extraordinary), Legislative supplement, of the 13th December, 1963.

LEGISLATIVE AMENDMENT

-Amended by Punjab Act 25 of 1964.
-Amended by Punjab Act 15 of 1965.
-Amended by Haryana Act 18 of 1969.
-Amended by Haryana Act 26 of 1970.
-Amended by Haryana Act 12 of 1971
-Amended by Haryana Act 10 of 1972.
-Amended by Haryana Act 24 of 1977
-Amended by Haryana Act 3 of 1979.
-Amended by Haryana Act 14 of 1981
-Amended by Haryana Act 5 of 1983
-Amended by Haryana Act 21 of 1984
-Amended by Haryana Act 27 of 1986

               An act to consolidate and amend the law relating to registration of Practitioners of Ayurvedic and Unani System of Medicines and to regulate the practice in such systems. Be it enacted by the Legislature of the State of Punjab in the Fourteenth Year of the Republic of India as follows ;-

CHAPTER I-Preliminary

1. Short title, extend and commencement:-

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(1) This Act may be called the Punjab Ayurvedic and Unani Practitioners Act, 1963.
(2) It extends to the whole of the [State of Haryana].
(3) It shall come into force on such date as the state Government may by notification appoint

2. Definitions:-

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In this act, unless the context otherwise requires:-
(a) "Ayurvedic System" means the Ashtang Ayurvedic System and Siddha, and includes the modernized form thereof;
(b) "Board" means the Board of Ayurvedic and Unani System of Medicines, [Haryana], established and constituted, or deemed to be established and constituted, under section 3;
(c) "Director" include the Director of Ayurveda, Haryana, and includes the Deputy Director of Ayurveda, Haryana, the Assistant Director of Ayurveda, Haryana and such other officer as the State Government may appoint for exercising all or any of the functions of the Director under this act and the rules made thereunder ;]
(d) "Faculty" means the Faculty as defined in clause (b) of section 2 of the Punjab State Faculty of Ayurvedic and Unani System of Medicines Act, 1963;]
(e) "member" means a member of the Board, & includes the Chairman & Vice-Chairman;
(f) "Practitioner" means a person who practices the Ayurvedic System or Unani System;
(g) "Prescribed" means prescribed by rules made under this Act;
(h) "Register" means the [new register] of practitioners maintained under sector 14;
(i) "Registered practitioner" means a practitioners, [whose name is entered, or deemed to have been entered in the Register;
(j) "Registrar" means the Registrar appointed under section 13;
(k) "Schedule" means a Schedule appended to this act ; and
(l) "Unani System" means the Unani Tabbi System of medicine, and includes the modernized form thereof.

CHAPTER-II

Establishment and Constitution of Board and Registration of Practitioners.

3. Establishment and constitution of Board:-

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(1) Subject to the provisions of sub- section (6) there shall be established and constituted for the purpose of carrying out of the provision of this Act a Board to be known as the Board of Ayurvadic and Unani System of medicines, "[Haryana]" [consisting of a chairman and eleven other member] residing in the State of Haryana of whom:-
(a). [four], including the Director and one Principle of any Ayurvadic or Unani institution recognised by the Faculty, shall be appointed by the State Government ; and
(b). [Seven], of whom not less than [four] shall be persons holding or diploma or degree in the Ayurvedic System or Unani System shall be elected by the registered practitioners from amongst themselves.
(2). The Board shall be a body corporate with the name aforesaid, having perpetual succession and a common seal with power, subject to provisions of this Act, to acquire, hold & dispose of property, and to contract, and may by the said name sue and be sued.
(3). The Chairman of the board shall be appointed by the State Government on such terms and conditions as it may think fit and shall hold office during the pleasure of the State Government.
(3A). The Vice-Chairman shall be elected by the members of the Board from amongst themselves.]
(4). The [Seven] seats of members provided in clause (b) of sub section (1) shall be distributed by the state Government proportionately to their numbers, as counted on the prescribed date before the election, between the registered practitioners who follow the Ayurvedic Systems and the registered practitioners who follow the Unani System;
Provided that in determining the proportion a faction of one-half and less shall be ignored and a fraction of more than one-half shall be counted as one.
(5). Every election or appointment of a member and every vacancy in the office of a member shall be notified by the state Government in the Official Gazette.
(6). Until the Board is established and constituted in accordance with the provisions of the preceding sub-sections, as amended by the Punjab Ayurvedic and Unani Practitioners (Haryana Amendment and Validation) Ordinance, 1968 the State Government may constitute a Board consisting or six persons, included the Director, to be appointed by the state Government and the Board so constituted shall, as from such the commencement of that ordinance and for a period [not exceeding twenty years] form such commencement, be deemed to be the Board established and constituted for the purpose of carrying out all the provisions of this Act and the provisions of sub sub-section (3) and (5) shall apply to such a Board].

4. Election of member:-

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The election of members of the Board under clause (b) of sub-section (1) of Section 3 shall be held at such time and place in such manner as may be prescribed.

COMMENTARY

1. Interim Board ceased to exist in Haryana on 1.11.66:-

On the enforcement of Punjab Re-organisation Act. The Interim Board of Ayurvidic and Unani constituted under 3(6) of the Punjab Ayurvedic and Unani Practitioner's Act ceased to function. A petition filed under Article 226 by a vaid of Haryana State without questioning the validity of the Haryana Act 5 of 1968 was held to be not maintainable and the constitution of another interim Board upheld. Kartar Singh v. U.O.I., AIR 1969 Pb. 287.

2. Legal right to be established:-

Before a vaid can challenge the constitution of a Board he must establish his locus standi and he must indicate as to which of his rights has been infringed. Failure to do so would non-suit him. Kartar Singh v. U.O.I., AIR 1969 Pb. 287.

3. Interim Board is not an Inter-state Body:-

An interim Board which continued into existence after the coming into force of the Punjab Re-organisation Act, 1966 is not an inter State Corporate Body under the provisions of Re-organisation Act. . Kartar Singh v. U.O.I., AIR 1969 Pb. 287.

4. Defunct Board is not revived:- /

The Defunct Board would not get revived on the coming into force of Punjab Ayurvedic and Unani Practitioners (Amendment & Validation Act, 1967 (Haryana Act 5 of 1968). . Kartar Singh v. U.O.I., AIR 1969 Pb. 287.

SECTION 5-6

5. Term of office:-

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(1) Save as otherwise provided, the term of office of the not-official members of the Board, other than the Board deemed to be established and constituted under sub-section (6) of section 3, shall be five years commencing from the date on which the first meeting of such Board is held.
Provided that an outgoing member shall continue in office until the election or appointment of his successor, as the case may be.
(2) The outgoing member shall be eligible for re-election or re-appointment.

6. Vacancies :-

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(1) If a vacancy occurs in the office of a member of the Board through death, resignation, removal or disability of such member or otherwise, the vacancy shall be filled in the same manner as is provided in section 3.
(2) Any person elected or appointed to fill the vacancy shall, not withstanding anything in section 5, hold office only so long as the member in whose place he is elected or appointed would have office if the vacancy, had not occurred.

7. Resignation:-

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Any member of the Board may at any time resign his office by letter addressed to the Chairman and the resignation shall take effect from the date on which it is accepted by him

8. Disabilities for continuing as member:-

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If, in the opinion of the Board , any member of the Board absents himself without sufficient cause from three consecutive ordinary meeting of the Board or becomes subject to any of the disqualifications specified in section 9, the Board shall declare his office to be vacant :-
Provided that before declaring his office to be vacant, the Board shall call for his explanation and record its decision thereon.

8-A Power to remove members :-

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The State Government may, by notification remove any member who, in its opinion, has been guilty of misconduct in the discharge of his duties, Provided that before the State Government notifies the removal of any member the reasons for his proposed removal shall be communicated to him and he shall be given an opportunity of tendering an explanation in writing which shall be duly considered.]

NOTE
*Section 8-A added by Haryana Act 18 of 1969, Section 5

SECTION 9

9. Disqualifications: -

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No Person shall be eligible for election or appointment as member of the Board-
a) who is a minor or an undischarged insolvent; or
b) who has been adjudicated by a competent court to be of unsound mind, or
c) whose name has been removed from the register ; or
d) who has been sentenced by a criminal court to imprisonment for such offence involving moral turpitude as may be declared by the State Government.

10. Vacancies etc. not to invalidate proceeding of Board:-

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No act done, or proceeding taken under this Act by the Board shall be invalid merely on the ground-
(a ). of any vacancy or defect or defect in the Constitution of the Board or
(b). of any defect or irregularity in election or appointment of a person acting as a member thereof, or
of any defect or irregularity in such Act or proceeding, not affecting the merits of the case.

11. Time and place of meeting of Board :-

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The Board shall meet at such time and place and every meeting of the Board shall be summoned in such manner, as may be provided in the regulations made under this Act.
Provided that, until such regulations are made, it shall be lawful for the chairman to summon a meeting of the Board at such time and place as he may deem expedient by letter addressed to each member.

12. Procedure at meetings of Board :-

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(1) The chairman and in his absence the Vice Chairman and in the absence of both, a person elected by the members of the Board from amongst themselves, shall preside at every meeting of the Board.
(2). All questions at a meeting of the Board shall be decided by the votes of the majority of the members present and voting. Provided that in case of equality of votes, the Chairman, Vice Chairman or the person preceding, as the case may be, shall, in addition to his vote as a member of the Board, have a second to in section (6) of that section.
(3). [Five] members shall form a quorum at a meeting of the Board referred to in sub section (1) of section 3 and three members shall form a quorum at a meeting of the Board referred to in section (6) of that section
Provided that if a meeting is adjourned for want of quorum, no quorum shall be necessary at the next meeting called for transacting the same business.

13. Registrar and other staff :-

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(1) Subject to such rules as the State Government may make in this behalf, the Board shall appoint a Registrar who shall receive such salary and allowances and be subject to such conditions of service as may be prescribed.
Provided that until a Registrar is so appointed, by the state Government shall . [as from the commencement of the Punjab Ayurvedic and Unani Practitioners (Haryana Amendment and Validation) Ordinance, 1968] be deemed to be the Registrar who shall be entitled to such salary and allowances and shall be subject to such conditions of service as may be determined by the State Government.
(2) The Board may appoint such other employees as may be necessary for carrying out the purposes of this Act and such employee shall receive such salary and allowances and be subject to such conditions of service as may be prescribed.
(3) All employees of the Board, including the registrar, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

COMMENTARY

Reversion when post abolished :-

(Under the service conditions of an employee officiating in a permanent post of Assistant Director (Unani) the appointment is terminable on one month's notice and on the abolition of the post the employee is reverted to his substantive rank. such a reversion can not be challenged on the ground that it violates rule 9 of the Punjab Ayurvedic Department Class I & II (Service) rules, 1963. 1968 SLR. 752.
It was further observed that under the conditions of employment the question of the employee completing probation would not arise. The question arose as to whether preferential qualifications can be made applicable while selecting candidates. It was held that this would not violate article 16 of the Constitution. This decision was given while interpreting Punjab Ayurvedic Department Class III (Technical Service Rules, 1974 (1) S.L.R. 453

14. Duties of Registrar :-

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(1) Subject to the provisions of this Act and the rules made there under and subject to any or special order of the Board, it shall be the duty of the Registrar to maintain the Register and to act as the Secretary to the Board.
(2). The registrar shall be in such form as may be prescribed and shall contain the names, addresses and qualifications of every registered practioner together with the dates on which qualification were acquired and shall be divided into the following to parts, namely :-
Part I containing the names of persons referred to in [sub-section(1)] of section 15; and
Part II containing the names of persons referred to in [sub-section (3)] of section 15.
(3). The Registrar shall keep the Register correct as for as possible, and may from time to time enter therein any material alteration in the address or qualifications of the practitioners. The name of the registered practitioners who die or whose names are directed to be removed from the Register under this Act shall be removed from the Register.
(4). A registered practitioner shall, on payment of such fees as may be prescribed, be entitled to have entered in the Register any further degree, diplomas or certificates or other qualifications in Ayurvedic System or Unani System or other recognised medical degrees, diplomas or certificates which he may obtain.
(5). For the purposes of this section, the Registrar may write by registered post to any registered practitioner at the address which is entered in the Register enquiring whether he has ceased to practices or has changed has residence and if no answer is received to the said letter within three months the Registrar may remove the name of the said practitioner from the Register.
Provided that the Board may, if it is satisfied on the application of the said partitioned that he has not ceased to practice, direct that he has not ceased to practice, direct that his name be re-entered in the register.

15. Registration: -

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1). Every person possessing any of the qualifications specified in Schedule I shall, subject to the provisions of this Act and on payment of such fees as may be prescribed in this behalf be entitled to have his name entered in part I of the Register subject to such conditions as may be prescribed.
(2). Sub-section (2) omitted by Haryana Act 18 of 1969, section 9 (with effect from 26th November 1968.
(3). Any person not in possession of the qualifications specified in Schedule I but-
(a) whose name is entered immediately before the 13th day of December 1963 in the list maintained under sectioned 34 of the East Punjab Ayurvedic and Unani Practioners Act, 1949, or under section 33 of the Pepsu Ayurvedic and Unani Practitioners Act, 2008 B.K. ; or
(b) who proves to the satisfaction of the Registrar upto 30th June, 1972 that he was in practice as a practitioner on the first day of November, 1966 and is continuing as such ;
shall subject to the provisions of this Act and on payment of such fees is may be prescribed. In this behalf, be entitled to have his name entered in part II of the Register subject to such conditions as may be prescribed.
(4). Omitted by Haryana Act 18 of 1969.
(5). Non person shall be entitled under this section to have his name entered in the Register if he is a minor.

15-A. Registration to be deemed in certain cases :-

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Not withstanding anything contained in sections 13 and 15, every person whose name is entered immediately before the commencement of the Punjab Ayurvedic and Unani Practitioners (Haryana Amendment and Validation) Ordinance, 1968, in Part I or Part II of the Register maintained under this Act before such commencement shall, subject to the provisions of this Act, be deemed to be registered in part I or Part II, as the case may be, of the Register.

15-B. Renewal of registration: -

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(1) Every registered practitioner shall get his registration renewed within two months of the commencement of the Punjab Practitioners (Haryana Amendment) Act, 1983 and thereafter the registration shall be got renewed after every five years within one month of the expiry of the period of registration, on payment of such fees as may be prescribed.
(2). If the registered practitioner fails to get his registration renewed within the period provided in sub-section (1), his name, shall thereafter stand removed from the Register :
Provided that his name may be re-entered in the Register by the Registrar on payment of such additional feel as may be prescribed within two months after the expiry of the period provided for renewal.

16. Powers of Board to prohibit entry in or to direct removal from Register etc.

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1) The Board may prohibit the entry in, or order the removal from, the Register to the name of any practitioner:-
(a) who has been sentenced by a Criminal Court to imprisonment for such offence involving moral turpitude as may be declared by the State Government ; or
(b). whom the Board after proper enquiry either made by itself or by a Committee appointed for the purpose by the Board from out of its members, has found guilty of professional misconduct or other infamous conduct by a majority of at least two-thirds of the members present and voting at the meeting of the Board-
(2). The Board may directed that the name of any person against whom an order has been passed under sub-section (1) shall be entered or re-entered as the case may be, after having satisfied itself that due to laps of time or otherwise the disability mentioned in sub-section (1) has ceased to have any force.

17. Procedure in inquiries: -

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For the purpose of inquiry held under clause (b) of sub-section 16 the Board or a committee appointed by the Board shall be deemed to be a court within the meaning of the Indian Evidence Act, 1872 (Act No. 1 of 1872) and shall, so far as may be follow the procedure laid down in the code of Civil Procedure, 1908 (Act No. V of 1908).

18. Appeal to Board from decision of Registrar and other powers of Board :-

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Any person aggrieved by the decision of the Registrar regarding the registration of any person or any entry in the Register may, on payment of such may be prescribed, appeal to the Board.
(2). An appeal under sub-section (1) shall be filed within sixty days, of the passing of the order appealed against after excluding the time spent in obtaining a copy thereof and shall be heard and decided by the Board in the manner prescribed.
*(2-A). Notwithstanding anything contained in sub-section (2), an appeal under sub-section (2), an appeal under sub-section (1), which could be filed during the period commencing on the 4th February, 1966 and ending with the date of commencement of the Punjab Ayurvedic and Unani Practitioners (Haryana Amendment and Validation) Ordinance, 1968, may be filed within a period of a sixty days from such commencement after excluding the times spent in obtaining a copy of the order appeal against.
(3). The Board may, on its own motion or on the application any person, after due and proper enquiry and after affording the person concerned an opportunity of being heard, cancel or alter any entry in the Register, if, in the opinion of the Board , such entry was made fraudulently or wrongly. *Sub-section (2-A) added by Haryana Act 18 of 1969, section 11 (with effect from 26th November, 1968).

19. Qualified Practitioners certificate:-

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Notwithstanding anything in any law for the time biding in force in force:-
(a) the expression 'legally qualified medical practitioner' or 'duly qualified medical practitioner' or any word importing a person recognized by law as a medical practitioner or member of medical profession shall in all Acts or other provisions having the force of law In [Haryana] and relating to matters in II or III of the Seventh
Schedule to the Constitution of India, includes a practitioner registered in Part I of the Register;
(b) a certificate required by any Act to be issued by any medical practitioner or medical officer shall be valid, if such certificate has been signed and issued by a practitioner registered in part I of the Register.
Provided that a certificate of illness may also be signed and issued by any practitioner registered in part II of the Register;
(c) a practitioner registered in Part I of the Register shall be eligible to hold any appointment as a medical officer in any Ayurvedic or Unani dispensary or hospital supported by or receiving a grant from the State Government and treating patients according to the Ayurvedic System or Unani or Unani System or in any public establishment, body or institution dealing with any public establishment, body or institution dealing with any such System;
(d) a registered practitioner shall be entitled to use substances in their crude or manufactured form or preparations containing such substances provided their pharmaceutical action in relation to such use is known to him according to the fundamental principles of those medicines.

20. Notice of death:-

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Every Registrar of deaths on receiving notice of the death of a registered practitioner shall forthwith transmit by post to the Registrar a certificate under his own hand of such death with particulars of time and place of death and may charge the cost of such certificates and transmissions as an expense of his office.

21. Exemption from serving on inquests:-

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Notwithstanding anything in any other law for the time being in force, every registered practitioner shall be exempt, if so desires, from serving on any inquest under the Code of Criminal Procedure, 1898 (Act No. V of 1898).

22. Fees and allowances payable to members:-

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There shall be paid to the members for attending meeting of the Board such traveling and other allowances as may be prescribed.

23. Mode of proof of Boards records:-

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A copy of any preceding, receipt, application, plan, notice, order, entry in a register or other document in the possession of the Board shall, if duly certified by the Registrar or any other person authorized by the Board in this behalf, be received as prima facie evidence of the existence of the entry of documents and shall be admitted as evidence of the same extent as the original entry or document would, if procured, have been admissible to prove such matters.

24. Fees for the issue of copies of orders, entries in Registers etc. :-

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Copies of any order passed by the Board or the Registrar or of any entry in the Register shall be supplied on payment of such fees as may be prescribed.

25. Fees received by Board:-

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All moneys received by the Board as fees under this Act shall be applied for the purposes of this Act in the prescribed manner.

26. Publication of list of practitioners:-

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(1) The Registrar shall at least once every five years on or before a date to be fixed by the Board cause to be printed and published a correct list of the names and qualifications of all practitioners for the time being entered in the Register and the date when such qualifications were acquired.
(2). In any proceedings it shall be presumed that every person entered in such list is a registered practitioner and that any person not so entered is not a registered practitioner.

27. False assumption of certificate or diploma to be an offence:-

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Who ever willfully any falsely assumes or uses any title or description or any addition to his name implying that he is a registered practitioner shall be punishable for the first offence with imprisonment which may extend to six months or with fine which may extend to two hundred and fifty rupees or with both and for every subsequent offence with imprisonment which may extend to two years or with fine which may exte

28. Selling medicines by hawking etc. to be an offence:-

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No practitioner, whether registered or not shall sell any medicine of the Ayurvedic System or Unani System in a public as a hawker or by assembling a Majma.

29. Prohibition to practice:-

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No person other than a registered practitioner, shall practice or hold himself out, whether directly or implication, as practicing or as being prepared to practice the Ayurvedic System or Unani System.

30. Penalty:-

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Any person who contravenes the provisions of section 28 or section 29, shall, on conviction, be punishable with fine which may extend to two hundred rupees.

31. Power to amend Schedule 1:-

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The State Government may, by notification, amend Schedule I so as to add thereto or omit therefore any qualification and thereupon the Schedule shall be deemed to be amended accordingly

32. Control of State Government:-

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If at any time it appears to the State Government that the Board has neglected to exercise, or has exceeded or abused any power conferred upon it under this Act or has neglected to perform and duty imposed upon it by this Act, the State Government may communicate the particulars of such neglect, excess or abuse to the Board; any if the Board 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 Board to be exercised and performed by such agency and for such period as the State Government may think fit.

33. Court competent to try offence and cognizance of offences:-

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(1) No court other than the Court of a [judicial Magistrate] of the first Class shall take cognizance of, or try, an offence under their Act.
(2). No court shall take cognizance of any offence under this Act except on a complaint in writing of an officer empowered by the State       Government in this behalf.

34. Protection of action taken in good faith:-

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No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act under any rules or regulations made thereunder.

CHAPTER III

Disputes regarding Elections

35. Definitions:-

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In this Chapter, unless the context otherwise requires:-
(a). "agent " means any person appointed in writing by a candidate at an election to be his agent for the purpose of his election with the written            consent of such person.
(b). "candidate" means a person who has been or claims to have been duly nominated as a candidate at an election and any such person shall be deemed to have been a candidate as from the time when, with the election in prospect, he began to hold himself out as a prospective candidate.
(c). "corrupt practice" means any of the practices in Schedule II;
(d). "costs" means all cost, charges and expenses of, or incidental to, a trial of an election petition.
(e). "election" means an election to fill the office of a member.
(f). "electoral right" means the right of a person to stand or not to stand, as, or to withdraw from being, a candidate or to vote or refrain from voting at election.
(g). "pleader" means any person entitled to appear and plead for another in a civil court and includes an Advocate.

36. Election petitions:-

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No election of a member shall be called in question except by an election petition presented in accordance with the provisions of this Chapter.

37. Presentation of petitions:-

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(1). Any registered practitioner may within a period of thirty days from the date on which the election of any member is notified under sub-section (5) of section 3 and on furnishing the prescribed security in the prescribed manner, present on one or more of the grounds specified in sub-section (1) of section 49 to the prescribed authority an election petition in writing against the election of such member.
(2). The election petition shall be deemed to have been presented to the prescribed authority:
(a). when it is delivered to the prescribed authority-
(i). by the person making the petition, or
(ii). by a person authorized in writing in this behalf by the person making the petition; or
(b). when it is sent by registered post and is delivered to the prescribed authority.

38. Contents of petition:-

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(1). An election petition-
(a). shall contain a concise statement of the material facts on which the petitioner relies;
(b). shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the practice alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and
(c). shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (Act No. V of 1908), for the verification of pleadings:
Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof.
(2). Any Schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.

39. Procedure on receiving election petition:-

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If the prescribed security not furnished in the prescribed manner or the petition is not presented within the period specified in section 37, the prescribed authority shall dismiss the petition.
Provided that the petition shall not be dismissed without giving the petitioner an opportunity of being heard.

40. Power of Director to withdraw and transfer petitions:-

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The Director may, at any stage after notice to parties and for reasons to be recorded, withdraw any election petition pending before a prescribed authority and transfer it for trial to another prescribed authority and upon such transfer, that prescribed authority shall proceed with the trial from the stage at which it was withdrawn.
Provided that such authority may, if it thinks fit, recall and re-examine any of the witnesses already examined.

41. Procedure before the prescribed authority:-

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Subject to the prom inions of this Act and of any rules made there under, every election petition shall be tried by the prescribed authority, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure 1908 (Act No. V of 1908), to the trial of suits.
Provided that the prescribed authority shall have the discretion to refuse for reasons to be recorded to examine any witness or witnesses, if it is of the opinion that their evidence is not material for the decision of the petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings.
(2). The provisions of the Indian Evidence Act, 1872(Act No I of 1972), shall subject to the provisions of this Act, be deemed to apply in all respects to the trail of an election petition.

42. Appearance before prescribed authority:-

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Any appearance application or act before the prescribed authority may be made or done by the party in person or by pleader duly appointed to act on his behalf.
Provided that it shall be open to the prescribed authority to direct any party to appear in person whenever the prescribed authority considers ills necessary.

43. Powers of the prescribed authority:-

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The prescribed authority shall have the powers which are visted in a Court under the Code of civil Procedure, 1908 (Act No. V of 1908), when trying a suit in respect of the following matters:-
(a). discovery and inspection.
(b). enforcing the attendance of witnesses and requiring the deposit of their expenses.
(c). compelling the production of documents.
(d). examining witnesses on oath.
(e). granting adjournments.
(f). reception of evidence taken on affidavit and
(g). issuing commissions for the examination of witnesses.
and may summon and examine suo moto any person whose evidence appearn to it to be material and shall be deemed to be a Civil Court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (Act No. V of 1898).
Explanation:- For the purpose of enforcing the attendance of witnesses the local limits of the jurisdiction of the prescribed authority shall be the limits of the [State of Haryana].

44. Documentary evidence:-

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Notwithstanding any thing in any enactment to the contrary, no document shall be inadmissible in evidence at the trial of election petition on the ground that it is not duly stamped or registered.

45. Secrecy of voting not be infringed:-

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No witnesses or other person shall be required to state for whom he has voted at an election.

46. Answering of criminating question and certificate of indemnity:-

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(1) No witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trial of an election petition upon the ground that the answer to such question my tend to expose or my tend to expose him to any penalty or forfeiture.
                Provided that-
(a). a witness who answers truly all question which he is required to answer shall be entitled to receive a certificate of indemnity from the prescribed authority; and
(b). an answer given by a witness to a question put by or before the prescribed authority shall not except in the case of any criminal proceeding for perjury in respect of the evidence, against him in any civil or criminal proceeding.
(2). When a certificate of indemnity has been granted to any witness it may be pleaded by him in any court and shall be a full and complete defense to or upon any charge under Chapter IX-A of the Indian Penal Code (Act No. VL of 1860), arising out of the matter to which such certificate relates, but it shall not be deemed to relieve him from any disqualification in connection with any election imposed by this Act or any other law.

47. Expenses of witnesses:-

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The reasonable expenses incurred by any person in attending to give evidence may be allowed by the prescribed authority to such person and shall unless the prescribed authority otherwise directs, be deemed to be part of the costs

48. Decision of the prescribed authority:-

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(1) Where and election petition has not been dismissed under section 40, prescribed authority shall inquire into the election petition and at the conclusion of the inquiry shall make an order-
(a). dismissing the election petition, or
(b). setting aside the election.
(c). At the time of making an order under sub-section (1) the prescribed authority shall also make an order-
(a). where any charge is made in the petition of any corrupt practice having been committed at the election, recording
(i). a finding whether any corrupt practice has or has been proved to have been committed at the election and the nature of that corrupt practice; and
(ii). the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice: and
(b). fixing the total amount of costs payable and specifying the persons by and to whom costs shall be paid.
Provided that person who is not a party to the petition shall not be named in the order under sub-clause (ii) of clause (a) unless-
(i). he has been given notice to appear before the prescribed authority and to show cause why he should not be so named; and
(ii). if he appears in pursuance of the notice, he has been given an opportunity of cross examining any witness who has already been examined by the prescribed authority and has given evidence against him, of calling evidence in his defense and of being heard.

49. Grounds for setting aside election:-

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(1). If the prescribed authority is of the opinion-
(a). that on the date of his election the elected person was not qualified or was disqualified to be elected under this; Act
(b). that any corrupt practice has been committed by the elected person or his agent or by any other person with the consent of the elected person or his agent; or
(c). that any nomination has been improperly rejected; or
(d). that the result of the election in so far as it concerns the elected person, has been materially affected-
(i). by the improper acceptance of any nomination; or
(ii). by the improper reception, refusal or rejection of any vote or the reception of any vote which is void; or
(iii). by any non-compliance with the provisions of this Act or of any rules made under this Act; the prescribed authority shall set aside the election of the elected person.
(2). When an election has been set aside sub-section (1), a fresh election shall be held.

50. A battement of Election petitions:-

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An election shall abate only on the death of a sole petitioner or of survivor of several petitions

51. Costs and payment thereof out of security deposits and return of such deposits:-

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(1). Costs including pleader's fee shall be in the discretion of the prescribed authority.
(2). If in any order as to costs under the provisions of this Chapter there is a direction for payment of costs by any party to any person, such costs shall, if they have not been already paid, be paid in full or so far as possible out of the security deposit made by such party under this Chapter on an application made in writing in that behalf within a period of one year from the date of such to the Director by the person in whose favor the costs have been awarded.
(3). If there is any balance left of the security deposit under this Chapter after payment under sub-section (2) of the costs referred to in that sub-section such balance or where no costs have been awarded or no application as aforesaid has been made within the said period of one year, the whole of the said security deposit may, on an application made in that behalf in writing to the Director by the person by whom the security has been deposited or if such person dies after making such deposit, by the legal representative of such person be returned to the said person or to his legal representatives, as the case may be.

52. Execution of orders as to costs:-

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Any order as to costs under the provision of this Chapter may be produced before the principal civil court within the local limits or whose jurisdiction any person directed by such order to pay sum of money has a place of residence or business and such court shall execute the order or cause the same to be executed in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit.
Provided that where any costs or any portion thereof may be received by an application made under sub-section (2) of section 51, no application shall lie under this section within a period of one year from the date of such order unless it is for the recovery of the balance of any costs which has been left unrealized after an application has been made under that sub-section owing to the insufficiency of the amount of the security deposit referred to in that sub-section.

53. Corrupt practices entailing disqualification:-

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The corrupt practices specified in Schedule II shall entail disqualification for membership of the Board for period of five years counting from the date on which the finding of the prescribed authority as to such practice has been given.
Provided that the State Government may, for reasons to be recorded, remove the disqualification or reduce the period thereof.

CHAPTER-IV

Miscellaneous

54. Rules:-

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(1). The State Government may, by notification and after previous publication, make rules to carry out purposes of this Act.
(2). In particular and without prejudice to the generality of the foreign power, such rules may provide for all or any of the following matters, namely:-
(a). the date on which the number of registered practitioners shall be counted under sub-section (4) of section 3;
(b). the time and place in which and the matter in which election shall be held as required by section 4;
(c). the salary, allowances and other conditions of service of the Registrar and other employees of the Board appointed under section 13;
(d). the form of Register required to be mainted under section 14;
(e). the amount of fees payable under sub-section (4) of section 14;
(f). the amount of fees on payment of which and the conditions subject to which, a person my get his name entered, in Part I or Part II of the Register, under section 14;
(g). the manner in which appeals against the decision of the Registrar shall be heard and decided by the Board under section 18 and the fees chargeable for such appeals ;
(h). fees and allowances payable to members under section 22;
(i). the amount of fees payable for the supply of copies under section 24;
(j). the manner in which moneys received by the Board as fees shall be supplied under section 25;
(k). the amount of security to be furnished and the manner in which it is to be furnished as required by sub-section (1) of section 37.
(l). the authority to whom election petitioners may be presented and by whom such petitions my be inquired into and decided under Chapter III;
(m). the form of affidavit required to accompany the petition under sub-section (1) section 38;
(n). any other matter which may be prescribed.
(3). Every rule made under this section shall be laid as soon as may be after it is made before it is made before each House of The State Legislature while it is in session before a total period of ten days which may be comprised in one session or in two successive session and if before the expiry of the session in which it is so laid or the session immediately following both House agree in making and modification in the rule or both House agree that the rule should not be made the rules 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 predicted the validity on any think previously done under that rule.

COMMENTARY

Requirement to lay down the rules before the Legislature is not mandatory:-

The question arose as to whether the failure to lay the rules before the legislature would invalidate the rules or not. It was held by a Full Bench in Megha Singh & Co. v. State, AIR 1977 P & H 297 that this infirmity will not invalidate the rules. Reliance was placed on a Supreme Court decision in Jag Mohd. v. State of Gujarat, AIR 1966 SC 385, where in the Supreme Court did not pronounce the rules to be ineffective simply because there was failure to place the rules before the House of the State Legislature. In this connection reference may also be made to Krishan v. R.T.O., AIR 1956 Andhra 129 and Madhav Rao v. State of A.P. 1967 (2) And. W.R. 366 wherein similar view was expressed by the
Andhra Pradesh High Court. In this connection reference may be to the case reported as Regin v. Immigration Appeals Tribunal which was quoted by the Full Bench in Mehga Singh & Co. v. State AIR 1977p & H [at page 304 (para No. 16)] Mr. Justice O. Chinnappa Reddy (now Judge, Supreme Court of India) who delivered the judgment of the Full Bench observed as under:-
"Recently, in Regin v. Immigration Appeals Tribunal the question arose whether certain immigration rules had been laid before parliament as required by the Immigration Appeals Act. The Lord Chief Justice of England and two of his companion Judges went into the matter and on the evidence held that there was compliance with the requirement regarding laying. The question was not brushed aside on the ground that non-laying was of no consequence. In a case which came before the Court of Error of Barbados, Collymore, C.J. was reported by Me Garry to have said:-
"Where the Legislature delegated its law-making power to a subordinate authority and reserves the right to review the regulations made by such subordinate body and if necessary to disallow them and attaches conditions to secure that it shall have the opportunity or exercise its power of review as the supreme legislative authority such conditions are mandatory."

55. Regulations:-

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(1). The Board may, with the previous approval of the State Government make regulations not inconsistent with this Act or the rules made there under for all or any of the following matters, namely:-
(a). the time and place at which the Board shall hold its meetings and the manner in which such meeting shall be summoned under section 11; (b). any other matter which may be considered necessary for carrying out the purposes of this Act.
(2). All regulations shall be published in the Official Gazette.
(3). The State Government may be notification cancel any regulation.

56. Interpretation:-

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The Punjab General Clause Act, 1898, shall apply for the interpretation of this Act as it applies for the interpretation of a Punjab Act.

57. Repeal and saving:-

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(1). The East Punjab Ayurvedic and Unani Practitioners Act, 1949 and the Pepsu Ayurvediv and Unani Practitioners, Act 2008 BK., are hereby repealed. Provided that the repeal shall not affect-
(a). the previous operation of the Acts so repealed or anything duly done or suffered there under, or
(b). any right, privilege, obligation or liability acquired, accrued or incurred offence committed against the Acts so repealed, or
(c). any penalty, forfeiture or punishment incurred in respect of any offence committed against the Acts so repealed, or
(d). any investigation, legal proceeding or remedy in respect of any such right, obligation, liability, penalty. Forfeiture or punishment as aforesaid;
and any such investigation, legal proceeding or remedo may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.
(2). Subject to the proviso to sub-section (1), anything done or any action taken (including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation or form framed), under the Acts repealed by sub-section (1) 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 until superseded by anything done or any action taken under this Act.

58. Transitional provisions:-

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(1) As from the commencement of this Act, the two Boards of Ayurvedic and Unani System of Medicine, established and constitute under the East Punjabg Ayurvedic and Unani Practitioners Act, 1949 and Pepsu Ayurvedic and Unani Practitioners Act, 2008 BK, shall cease to function.
(2). On the Board's so ceasing to function, all assets vesting in them and all liabilities subsisting against them, on the date of so ceasing shall devolve on the Board.
(3). All suits, prosecution and other legal proceeding institute or which might have instituted by or against any of the Boards so ceasing to function immediately before the commencement of this Act may be continued or instituted by or against the Board.
(4). The Permanent officers and servants of the Boards so ceasing to function shall be either absorbed by the Board in its service on condition which are not less advantageous to those on which they were serving such Boards immediately before the commencement of this Act are retired or compensated in accordance with the conditions of their service in such manner as the State Government may direct.

59. Power to remove difficulties:-

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If any difficulty arise in giving effect to the provisions of this Act, the State Government may, by notification make such provisions, or give such directions, not being inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the removal of the difficulty.

SCHEDULE I
(See Sections 15 and 31)

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1). Degree or Diploma of any Ayurvedic or Unani College recongnised by the Faculty (with at least four years course) within Punjab or outside it, or a degree in the Ayurvedic
System Unani System of medicine of any University established by law in India.
Provided that persons who have already qualified from any Ayurvedic or Unani College Institution prior to the commencement of this Act in a course of duration of less than four years, will also be entitled for registration.
2). Final examination held by the Faculty or by any college or institution affiliated to the Faculty.
3). Final examination from any Ayurvedic or Unani Institution in Punjaba or outside it, recognized by the Faculty or the Board for the purposes of registration.

SCHEDULE II
[See Sections 35 (c) and 53]

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The following shall be deemed to be corrupt practices for the purpose of section 53-
(1). Bribery, that is to say:-
(A). any gilt, offer of promise by a candidate or his agent or by any other person with the consent of a candidate or his agent of any gratification to any person whomsoever, with the object, directly or indirectly of inducing-
(a). a person to stand or not to stand as, or two withdraw from being, a candidate at an election or
(b). a voter to vote or refrain from voting at an election, or as a reward to
(i) a person for having so stood or not stood, or for having withdrawn his candidature or
(ii) a voter for having voted or refrained from voting:
(B). the receipt of, or agreement to receive, any gratification, whether as a motive or a reward-
(a). by a person for standing or not standing as, or for withdrawing from being a candidate or
(b). by any person whomsoever for himself or any other person for voting or refraining from voting or including or attempting to induce any voter to vote or refrain from voting or any candidate to withdraw his candidature.
Explation:- For the purposes of this clause, the term 'gratification' is not restricted to pecuniary gratification or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for the purpose of any election.
(2). Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent or of any other person with the consent of he candidate or his agent, with the free exercise of any electoral right:-
Provided that-
(a). without prejudice to the generality of the provisions of this clause any such person as is referred to therein whom
(i). threatens any candidate or a voter or any person in whom a candidate or such voter is interested, with injury of any kind and including social ostracism and ex-communication or expulsion from any case or community; or
(ii). induces or attempts to induce a candidate or a voter to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure.
shall be deemed to interfere with the free exercise of the electoral right of such candidate or a voter within the meaning of this clause. (b). a declaration of public policy or a promise of public action or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause.
(3). The appeal by a candidate or his agent or by person with the consent of a candidate or his agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of or appeal to religious symbols or the use of or appeal to national symbols such as the national flag or the national emblem for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.
(4). The promotion of or attempt to promote, feelings of enmity or hate red between different classes of the citizens of India on ground of religion, race, castoff community or language by a candidate or his agent or his agent or any other person with the consent of a candidate or his agent for the furtherance of the prospects of election of that candidate of for prejudicially affecting the election of any candidate.
(5). The publication by a candidate or his agent or by any other person with the consent of a candidate or his agent of any statement or fact which is false and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate or in relation to the candidature or withdrawal, of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election.
(6). The hiring or procuring, whether on payment or otherwise, O' any vehicle by a candidate or his agent by any other person with the consent of a candidate or his agent for the conveyance of any voter (other than the candidate himself, the member of his family or his family or his agent ) to or from any Polling station provided or a place fixed for the poll.
Provide that the hiring of a vehicle by a voter or by several members at their joint costs for the purpose of conveying him or them to from any such polling station of place fixed for the poll shall not be deemed to be a corrupt, practice under this clause, if the vehicle so hired is a vehicle not propelled by mechanical power.
Provided further that use of any public transport vehicle by any voter at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be corrupt practice under this clause.
Explanation:- In this clause, the expression 'vehicle' means any vehicle used or capable of being used for the purpose or road transport, whether propelled by mechanical power or other-wise and whether used for drawing other vehicles or otherwise.
(7). The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent or by any other person with the consent of a candidate or his agent, any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate's election, from any person in the service the Government, the Government of India or the Government of any other State or a local authority.

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