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ANDHRA PRADESH (ANDHRA AREA) AYURVEDIC AND HOMOEOPATHIC MEDICAL PRACTITIONERS REGISTRATION ACT, 1956

ANDHRA PRADESH (ANDHRA AREA) AYURVEDIC AND HOMOEOPATHIC MEDICAL PRACTITIONERS REGISTRATION ACT, 1956

26 of 1956

18th October, 1956

An Act to regulate the qualifications and to provide for the registration of practitioners of Ayurvedic and Homoeopathic systems of medicines in the Andhra area of the State of Andhra Pradesh. WHEREAS it is expedient to regulate the qualifications and to provide for the registration of practitioners of Ayurvedic and Homoeopathic systems of medicine in the Andhra area of the State of Andhra Pradesh; BE it enacted in the Seventh Year of the Republic of India as follows

CHAPTER 1 Preliminary

Section 1 Short title, extent and commencement

(1) This Act may be called the Andhra Pradesh (Andhra Area) Ayurvedic and Homoeopathic Medical Practitioners Registration Act, 1956.

(2) It extends to the whole of the Andhra area of the State of Andhra Pradesh.

(3) The provisions of Chapter V shall come into force on such date as the Government may, by notification, appoint; but the remaining provisions shall come into force at once.

Section 2 Definitions

In this Act, unless the context otherwise requires, -

(i) "Ayurvedic system of medicine" means Ayurvedic system including Sidda, Unani Tibbi and Prakriti systems;

(ii) "Board" means the Board for Ayurveda or the Board for Homoeopathy, as the case may be, established under section 3;

(iii) "Government" means the State Government;

(iv) "Homoeopathic system of medicine" means the system of medicine founded by Dr. Hahnemann and the expression "homoeopathy" shall be construed accordingly;

(v) "member" means a member of a Board, and the word "membership" shall be construed accordingly;

(vi) "notification" means a notification published in the Andhra Pradesh Gazette, and the word "notified" shall be construed accordingly;

(vii) "practitioner" means a practitioner of the Ayurvedic system of medicine or of the homoeopathic system of medicine;

(viii) "prescribed" means prescribed by rules made under this Act;

(ix) "president" means the president of a Board;

(x) "qualifying examination" means an examination specified in section 25;

(xi) "recognized" means recognized by the Government;

(xii) "register" means the register of pharmaceutical laboratories, herbaria, firms and vendors of Ayurvedic and homoeopathic medicines maintained under section 32;

(xiii) "registered practitioner" means a practitioner whose name is for the time being entered in the Register of practitioners;

(xiv) "Registrar" means the Registrar appointed under section 15;

(xv) "regulations" means regulations made by a Board under section 23 ;

(xvi) X X X

(xvii) "vice-president" means the vice-president of a Board.

CHAPTER 2 Establishment of Boards

Section 3 Establishment of the Board for Ayurveda and the Board for Homoeopathy

As soon as may be, after the commencement of this Act, the Government may, by notification, establish two Boards, one to be called "the Board for Ayurveda" and the other to be called "the Board for Homoeopathy" and each Board shall be a body corporate having perpetual succession and a common seal and shall, by its name, sue and be sued.

Section 4 Composition of the Boards

(1) The Board for Ayurveda shall consist of twenty four members as hereunder :-

(a) one member elected by the Senate of the Andhra University ;

(b) one member elected by the Senate of Sri Venkateswara University ;

(c) four members elected by the teaching staff of the institutions giving instruction in the Ayurvedic system of medicine in the Andhra area of the State of Andhra Pradesh, two to represent Ayurvedic system, one to represent Unani Tibbi system and one to represent Prakriti system ;

(d) five members nominated by the Government from among the registered practitioners of the Ayurvedic system of medicine ;

(e) one member elected by the Members of the Andhra Pradesh Legislative Assembly ;

(f) one member elected by the presidents of the district boards in the Andhra area of the State of Andhra Pradesh ;

(g) one member elected by the chairman of the municipal councils in the Andhra area of the State of Andhra Pradesh ; and

(h) ten members elected by the registered practitioners of the Ayurvedic system of medicine in the Andhra area of the State of Andhra Pradesh as follows :- Ayurvedic practitioners .. .. Unani Tibbi practitioners .. .. Prakriti practitioners .. ..

(2) The Board for Homoeopathy shall consist of eleven members as hereunder :-

(a) one member elected by the State of Andhra University ;

(b) one member elected by the Senate of Sri Venkateswara University ;

(c) one member elected by the teaching staff of the institutions giving instruction in homoeopathy in the Andhra area of the State of Andhra Pradesh ;

(d) two members nominated by the Government from among the registered practitioners of the homoeopathic system of medicine ;

(e) one member elected by the Members of the Andhra Pradesh Legislative Assembly ;

(f) one member elected by the presidents of the district boards and the chairmen of the municipal councils in the Andhra area of the State of Andhra Pradesh ;

(g) four members elected by the registered practitioners of homoeopathy.

Section 5 President and vice-president of Board

(1) There shall be a president and a vice-president for each Board.

(2) The president and the vice-president shall be elected from among themselves by the members of the Board.

Section 6 Election of members

The election of members to the Board under section 4, shall be held at such time and place and in such manner as may be prescribed.

Section 7 Nomination of members in default of election

In the event of the requisite number of members not being elected as provided in Section 4, the Government may, notwithstanding anything contained in that section, nominate to the vacant places such persons as they deem fit, and the persons so nominated shall be deemed to have been duly elected under that section.

Section 8 Establishment of First Boards

(1) Until a Board for Ayurveda or a Board for Homoeopathy is established under section 3, the Government shall, notwithstanding anything contained in section 4, have power to establish a Board for Ayurveda and a Board for Homoeopathy for the purposes of this Act with such members as the Government may, by notification, specify.

(2) The Board so established shall function for a period of not more than three years from the date of its establishment.

Section 9 Disqualification of persons for election as or for being, members

(1) A person who has been convicted by a criminal court of an offence involving moral turpitude or sentenced by a criminal court to transportation or to imprisonment for a period exceeding six months for an offence not involving moral turpitude (such conviction or sentence not having been reversed or the offence pardoned) shall be disqualified for election as, or for being, a member while undergoing the sentence and for five years from the date of the conviction or the expiration of the sentence : Provided that the Government may direct that such conviction or sentence shall not operate as a disqualification.

(2) A person shall be disqualified for election as, or for being, a member if he is

(a) of unsound mind, a minor, a deaf-mute or a leper ;

(b) an applicant to be adjudicated an insolvent or an undischarged insolvent ;

Section 10 Term of office of members

(1) Save as otherwise provided in this Act, the term of office of a member, including the member elected as president or vice-president, shall be for a period of five years from the date of his election or nomination as a member.

(2) An outgoing member shall be eligible for re-election or re- nomination: Provided that no person shall hold office as president consecutively for more than two terms.

Section 11 Resignation of office

Any member other than the president, and any vice-president may resign his office by giving notice to the president ; the president may resign by giving notice to the Board. Such resignation shall take effect in the case of a member or a vice-president from the date on which it is received by the president and in the case of a president from the date on which it is placed before a meeting of the Board.

Section 12 Removal from membership

(1) If the president, vice-president or any member nominated or elected, during the period for which he has been nominated or elected,-

(a) fails to attend three ordinary consecutive meetings of the Board ; or

(b) becomes subject to any disqualification mentioned in section 9; or

(d) being a legal practitioner appears in any proceeding, civil, criminal or revenue, against the Board; or

(e) obtains any employment under the Board; or

(f) acquires without the previous sanction of the Government, directly or indirectly, by himself or by a partner any share or interest in any contract with, or by or on behalf of, the Board. the Board may, by the votes of not less than one-half of its members present and voting, remove him from membership:

Provided that the removal of the president under this section shall be by an order of the Government which shall be final.

(2) The vice-president or any member removed by the Board under sub-section(1) may, within ninety days from the date of his removal, appeal to the Government whose decision thereon shall be final.

(3) Any decision of the Board or the Government under this section shall not be questioned in a court of law.

Section 13 Filling up of casual vacancies

Any casual vacancy in the Board may be filled up in accordance with the provisions of section 4, and the person nominated or elected to fill up such vacancy shall hold office for the residue of the term of his predecessor.

Section 14 Meetings of the Board

(1) Every meeting of the Board shall be convened in such manner and at such time and place as may be provided for in the regulation:

Provided that until such regulations are made, it shall be lawful for the president to convene a meeting of the Board at such time and place as he may deem expedient by circulating a notice to every member:

Provided further that the meeting for electing the president of the Board first established under section 3, shall be convened on such date, at such place and in such manner as the Government may specify in this behalf.

(2) Every meeting of the Board shall be presided over by the president, in his absence by the vice-president and in the absence of both the president and the vice-president, by a member chosen by the meeting.

(3) All questions at any meeting of the Board shall be decided by a majority of the members present and voting at the meeting, and in case of equality of votes, the person presiding shall have and exercise a second or casting vote.

(4) Eight members shall form the quorum for a meeting of the Board for Ayurveda and five members for a meeting of the Board for Homoeopathy.

Section 15 Registrar and other employees of Board

(1)

(a) The Government shall have power to appoint a Registrar common for the Board for Ayurveda and the Board for Homoeopathy.

(b) The Registrar so appointed shall be the Secretary of both the Boards and the Executive Committee of the Board for Ayurveda, and shall also act as treasurer of both the Boards.

(c) The Registrar shall receive such salary and allowances and shall be subject to such conditions of service as may be prescribed.

(d) The Registrar shall be a whole-time paid officer under the administrative control and supervision of the Boards and shall exercise such powers and perform such duties as may be prescribed.

(e) During the temporary absence of the Registrar, the Government may appoint another person to act as Registrar.

(f) The Government may, at any time, remove the Registrar from office and shall do so if such removal is recommended by a resolution of each of the Boards passed by not less than one half of the members thereof at a special meeting convened for the purpose.

(2)

(a) The Registrar may, subject to the approval of the Board, appoint Inspectors or such other officers or servants as may be necessary for the purposes of this Act: Provided that the strength, designation, pay and allowances of such staff shall be subject to the previous approval of the Government.

(b) All Inspectors, officers and servants of the Board shall be under the administrative control and supervision of the Registrar who may, subject to such conditions as may be provided for in the regulations, impose on any such Inspector, officer or servant any of the following penalties, namely:-

(i) censure;

(ii) withholding of increments or promotion, including stoppage at an efficiency bar;

(iii) reduction to a lower post or time scale, or to a lower stage in a time scale;

(iv) fine;

(v) recovery from pay of the whole or part of any pecuniary loss caused to the Board;

(vi) suspension;

(vii) removal from service of the Board, which does not disqualify from future employment; and

(viii) dismissal from the service of the Board, which disqualifies from future employment.

(c) The Inspectors, officers and servants of the Board shall receive such salaries and allowances and shall be subject to such conditions of service as may be prescribed.

(3) The Registrar, inspectors and all other officers and servants appointed under this section shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

Section 16 Powers and functions of the Board

The Board shall exercise all the powers conferred on, and perform all the functions entrusted to it, by or under this Act and such other powers and functions as may be conferred on, and entrusted to it, by the Government, from time to time, for carrying out the purposes of this Act.

Section 17 Control of the Board by Government

If, at any time, it appears to the Government, that the Board has failed to perform its functions or has exceeded or abused any of the powers conferred upon it by or under this Act, the Government may communicate the particulars thereof to the Board, and if the Board fails to remedy such failure, excess or abuse or to give a satisfactory explanation therefor within such time as the Government may fix in this behalf, the Government may suspend, dissolve or supersede the Board and cause any or all of the powers and functions of the Board to be exercised and performed by any person or agency for such periods as they may think fit.

Section 18 Executive Committee of the Board for Ayurveda

(1) There shall be constituted every year an Executive Committee of the Board for Ayurveda in the manner prescribed.

(2) The Executive Committee shall consist of such number of members and shall meet at such time and place as may be provided for in the regulations.

(3)

(a) Every member of the Executive Committee shall be elected by the Board for Ayurveda and shall hold office as such until the Executive Committee for the next year is constituted; and if any casual vacancy occurs before such constitution, the Executive Committee may fill up that vacancy by electing a member of the said Board in the manner prescribed.

(b) A member of the Executive Committee elected under clause (a) to fill up a casual vacancy shall hold office for the residue of the term of his predecessor.

(4) The Executive Committee shall exercise such of the powers and perform such of the functions of the Board for Ayurveda as may be prescribed or as may be delegated to it by the said Board.

Section 19 Special Committees

(1) The Board may, from time to time, appoint Special Committees consisting of any of the following classses of persons as it may think fit, namely :-

(i) members of the Board ;

(ii) persons associated with the Board ;

(iii) other persons whose assistance or advice the Board may desire to have.

(2) The total number of members of every Special Committee so appointed shall not be less than three.

(3) Every Special Committee shall meet at such time and place as may be provided for in the regulations.

(4) The Board may refer to any such Committee, for enquiry and report any matter relating to any of the purposes of this Act or delegate to it by specific resolution subject to such conditions as may be provided for in the regulations, any of its powers or functions. (5) The Board may, at any time, dissolve, or subject to the provisions of sub-section (1), alter the constitution of any such Committee.

Section 20 Acts of Board etc., not to be invalidated by informality, vacancy, etc.

No act or proceeding of the Board or of the Executive Committee of the Board for Ayurveda or of any Special Committee constituted under section 19 shall be deemed to be invalid by reason only of a defect in the constitution of such Board or Executive Committee or Special Committee or on the ground that the president, vice-president or any member of the Board, Executive Committee or Special Committee, as the case may be, was not entitled to hold or continue in such office by reason of any disqualification or by reason of any irregularity or illegality in his nomination or election or by reason of such act or proceeding having been done or conducted during the period of any vacancy in the office of the president, vice-president or member of the Board, Executive Committee or Special Committee.

Section 21 Allowances to members of Board, etc.

There shall be paid to the members of the Board, the Executive Committee of the Board of Ayurveda or any Special Committee, such allowances for attending the meetings of the Board, the Executive Committee or any Special Committee, as the case may be, as may, from time to time, be prescribed.

Section 22 Income and expenses of the Board

(1) The income of the Board shall consist of -

(a) fees received under section 27 and section 31 ;

(b) grants received from the Government ;

(2) The expenses of the Board shall include the salaries and allowances of the Registrar, Inspectors, officers and servants of the Board, the allowances paid under section 21 and such other expenses that are necessary for carrying out the purposes of this Act.

Section 23 Regulations

(1) The Board may, with the previous approval of the Government, make regulations for all or any of the following matters, namely :-

(a) the manner of convening the meetings of the Board, the Executive Committee of the Board for Ayurveda and the Special Committees ;

(b) the time and place at which the meetings of the Board, the Executive Committee of the Board for Ayurveda and the Special Committees shall be convened ;

(c) the procedure to be followed at the meetings of the Board, the Executive Committee of the Board for Ayurveda and the Special Committees;

(d) the conditions subject to which the Registrar may impose penalties on Inspectors, officers and servants of the Board ;

(e) the conditions subject to which the Board may delegate its powers or duties to any Special Committee ;

(f) the qualifying examinations, the institutions which shall hold such examinations and the time and place at which such examinations shall be held ;

(g) any other matter which is to be provided for in the regulations, or may be necessary for carrying out the purpose of this Act.

(2) All regulations made under sub-section (1) shall be published in the Andhra Pradesh Gazette.

(3) The Government may, by order, modify or cancel any regulation made under sub-section (1).

CHAPTER 3 Recognition of institutions for imparting instruction and holding examinations, etc.

Section 24 Recognition of institutions

(1) Any institution other than the recognized institutions specified in Schedule I, applying for recognition under this Act shall send an application to the Registrar and shall give full information in respect of the following matters, namely :-

(a) the institution and the personnel of the governing or managing body ;

(b) subjects and courses in which it gives or proposes to give instruction ;

(d) the strength of the staff, their salaries and qualifications and the research work done by them ;

(e) fees levied or proposed to be levied and the financial provision made for the capital expenditure on buildings and equipment and for the continued maintenance and efficient working of the institution.

(2) Any institution applying for recognition to hold qualifying examinations shall send an application to the Registrar and shall give full information in respect of the particulars specified in clauses (a), (b), (c), (d) and (e) of sub-section (1), and such other particulars as the Board may require.

(3) The Registrar shall place the application before the Board concerned and the Board may direct the Registrar to call for any further information which it may deem necessary. The Board may also direct a local enquiry to be made by a person authorized by it in this behalf.

(4) After recording the report of such local enquiry and after making such further enquiry as may be necessary, the Board shall forward the application with its report to the Government stating its opinion whether the recognition asked for should or should not be granted. The Government may either grant or refuse to grant recognition or may grant it subject to such conditions and with effect from the date, whether prospective or retrospective not being earlier than the 1st October, 1953, as they may deem fit and the decision of the Government shall be final.

Section 25 Power of the Board to prescribe by regulations qualifying examinations for practitioners not possessing recognized qualification

(1) Subject to the provisions of sub-section (2), the Board shall have power to prescribe by regulations a qualifying examination for a person who has been a practitioner for a period of not less than two years before the commencement of this Act and who does not possess any recognized qualification after having undergone a course of training in a recognised institution. The qualifying examination shall be held by such institution and at a such time and place as may be provided for in the regulations.

(2) No such qualifying examination shall be held after a period of five years from the commencement of this Act.

Section 26 Removal of recognition of institution

If it appears to the Government on the report of the Board or otherwise, that the instruction given in any recognized institution or the qualifying examination conducted by any of the institutions recognized to hold such examinations, is not of adequate standard of proficiency for practising the Ayurvedic system of medicine, or the homoeopathic system of medicine, as the case may be, the Government may require such institution to take steps to remedy the defect within such time as they may fix in this behalf, and if such institution fails to remedy such defect within the time so fixed, the Government may by notification, withdraw the recognition of any such institution for the purpose of giving instruction or holding a qualifying examination and such institution shall thereafter cease to be a recognized institution.

CHAPTER 4 Registration of Practitioners, etc.

Section 27 Registration of practitioners

(1) Every person

(a) who possesses any degree, diploma, licence or certificate, conferred, granted or issued by a recognized institution specified in Schedule I or by any other institution recognized under section 24 ; or

(b) who possesses any recognized qualification specified in Schedule II ; or

(c) who does not possess any recognized qualification, but has put in ten years of practice in the Ayurvedic system of medicine or the homoeopathic system of medicine and who seeks to be registered as such subject to the condition that he passes a written examination to be conducted by the Government within a period of three years from the date of his registration :

Provided that no practitioner who attained the age of forty years on the date of commencement of this Act, shall be required to pass the written examination referred to above ; or

(d) whose name is registered in the register maintained by the Central Board of Indigenous Medicine, Madras ; or

(e) whose name is registered in the Register of Practitioners of Ayurvedic or the homoeopathic system of medicine maintained in any other part of India ; shall, on payment of such fees and subject to such conditions as may be prescribed in this behalf, be entitled to have his name entered in the Register of Practitioners under section 28.

Explanation :- In the case of an institution recognised under section 24, the Government may notify that a degree, diploma, licence or certificate, conferred, granted or issued by such institution prior to the date of its recognition shall be deemed to be a recognised qualification for the purposes of this section subject to such conditions and restrictions as may be specified in the notification.

(2)

(a) Every person, whose name has been entered in the Register of Practitioners, shall be issued a certificate of registration in the prescribed form under the hand and seal of the Registrar.

(b) Where it is shown to the satisfaction of the Registrar that the certificate of registration issued under clause (a) has been lost or destroyed, the Registrar may, on payment of the prescribed fee, issue a duplicate thereof.

(3) The Board may direct that the name of any practitioner who has been convicted of any offence which involves moral turpitude and which, in the opinion of the Board, renders him unfit to practise his profession shall not be entered in, or shall be removed from, the Register of Practitioners :

Provided that it shall be open to the Board, for sufficient reason, to direct that the name of the practitioner whose name has not been entered shall be entered and whose name has been removed shall be re-entered in the Register of Practitioners.

(4) A person who does not hold any recognized qualification specified in Schedule II but who passes a qualifying examination referred to in section 25, shall also be entitled to have his name entered in classs 'B' of the relevant part of the Register of Practitioners on payment of the prescribed fee.

(5) Every person whose name has been entered in the Register of Practitioners under sub-section (1), sub-section (3) or sub-section (4), shall get such entry renewed at such intervals and on payment of such fees as may be provided for in the regulations.

(6) If the renewal fee is not paid before the prescribed date, the Registrar shall remove the name of the practitioner concerned from the Register of Practitioners and on such removal the certificate of registration issued to the practitioner shall be deemed to have been cancelled :

Provided that the name so removed may be re-entered in the said Register on payment of the renewal fee together with such penalty as may be prescribed and a new certificate of registration may be issued.

Section 28 Register of Practitioners and its maintenance

(1) There shall be maintained a register to be known as the Register of Practitioners.

(2) The Register of Practitioners shall be in such form and shall contain such particulars as may be prescribed.

(3) The Register of Practitioners shall be divided into four parts as specified hereunder :-

Part I - Practitioners of the Ayurvedic system of medicine ;

Part II - Practitioners of the Unani Tibbi system of medicine ;

Part III - Practitioners of the Prakriti system of treatment ; and

Part IV - Practitioners of the homoeopathic system of medicine.

Each of Parts I, II and III above shall be sub-divided into two classses as specified hereunder :-

Class 'A' :- Practitioners holding any of the following qualifications, namely :-

(1) G.C.I.M. (Gradutate of the College of Integrated Medicine) granted by the Board of Examiners of Indigenous Medicine, Madras.

(2) L.I.M. (Licentiate in Indigenous Medicine) granted by the Government School of Indigenous Medicine, Madras.

(3) Degree, diploma, licence or certificate similar to that specified in item (1) or item (2) above recognized in any other part of India.

Class 'B' :- All other practitioners not falling under classs 'A' above but who are entitled under section 27 to have their names entered in the Register of Practitioners maintained under this section or have undergone the training prescribed for village vaidyas.

Part IV above shall be sub-divided into two classses as specified hereunder :- Class 'A':- Practitioners possessing the degrees, diplomas, licences or certificates, conferred, granted or issued by recognized institutions. Class 'B' :- All other practitioners not falling under classs 'A' above but who are entitled under section 27 to have their names entered in the Register of Practitioner maintained under this section.

(4) It shall be the duty of the Registrar to maintain the Register of Practitioners and to revise the same from time to time.

Section 29 Privileges of certain registered practitioners

A registered practitioner whose name is entered in classs 'A' of the relevant part of the Register of Practitioners shall have the following privileges, namely :-

(a) to sign or authenticate a birth or death certificate or a medical or physical fitness certificate required by any law or rule in force in the Andhra area of the State of Andhra Pradesh to be signed or authenticated by a duly qualified medical practitioner ;

(b) to give evidence at any inquest or in any court of law as an expert under section 45 of the Indian Evidence Act, 1872 on any matter relating to medicine, surgery or midwifery.

Section 30 Notice of death

(1) Every Registrar of Deaths on receiving notice of the death of a registered practitioner, shall forthwith transmit to the Registrar, a certificate under his own hand and seal of such death giving the time and place thereof.

(2) On receipt of such certificate or other reliable information regarding such death, the Registrar shall remove the name of the deceased practitioner from the Register of Practitioners.

Section 31 Registration of pharmaceutical laboratories etc.

(1) Every pharmaceutical laboratory and herbarium of any Ayurvedic or homoeopathic medicine, every firm engaged in storage and sale of Ayurvedic or homoeopathic medicine and every vendor engaged in the sale of Ayurvedic drugs, crude or otherwise shall, on payment of such fee as may be prescribed, be entitled to have its or his name registered in the register maintained under section 32 and to receive a certificate of registration in such form and subject to such conditions as may be prescribed.

(2) Every pharmaceutical laboratory, herbarium, firm and vendor registered under sub-section (1), shall pay every year a renewal fee of such amount and on such date as may be prescribed, for the continuance of its or his name in the register.

(3) If the renewal fee is not paid on or before the prescribed date, the Registrar shall remove the name of the defaulter from the register : Provided that any name so removed shall be re-entered in the register on payment of the renewal fee together with such penalty as may be prescribed.

(4) The provisions of this section shall not apply to the medical practitioners who prepare and sell medicines to their patients and to persons who sell articles such as ginger, pepper and condiments which are commonly used both in the preparation of drugs and articles of food.

Section 32 Register of pharmaceutical laboratories, etc., and its maintenance

There shall be maintained a register of pharmaceutical laboratories, herbaria, firms and vendors of Ayurvedic and homoeopathic medicines which shall be in such form and shall contain such particulars as may be prescribed.

Section 33 Appeal to the Board

(1) Any person aggrieved by a decision of the Registrar regarding any entry in the Register of Practitioners maintained under section 28, and in the register maintained under section 32, may appeal to the Board.

(2) Such appeal shall be filed and shall be heard and decided by the Board in the manner prescribed.

Section 34 Cancellation or alteration by the Board of entries made in the registers maintained under section 28 and section 32

The Board may on its own motion or on the application of any person and after due and proper enquiry and after giving the person concerned an opportunity of being heard, cancel or alter any entry in the Register of Practitioners maintained under section 28 or in the register maintained under section 32, if, in the opinion of the Board, such entry was fraudulently or incorrectly made.

Section 35 Publication of names entered in the Register of Practitioners

The Register shall, at least three months before the date fixed for the election of the Board, cause to be printed and published a correct list of the names and qualifications of all the practitioners for the time being entered in the Register of Practitioners, and the date when such qualifications were acquired.

CHAPTER 5 Penalties

Section 36 Penalty for false representation regarding registration

If a person whose name is not entered in the Register of Practitioners falsely represents that it is so entered or uses in connection with his name or title, any words or letters representing that his name is so entered or if a person whose name has been entered in the Register of Practitioners under a particular Part or classs, falsely represents that it is entered under a different Part or classs, he shall, whether any person is actually deceived by such representation or not, be punishable for the first offence with imprisonment which may extend to one month or with fine which may extend to two hundred rupees or with both, and with imprisonment which may extend to six months or with fine which may extend to five hundred rupees or with both for every subsequent offence.

Section 37 Penalty for false representation or use of degrees, etc.

Whoever wilfully or falsely represents or uses any title or description, or any addition to his name implying that he holds a degree, diploma, licence or certificate, conferred, granted or issued by a recognized institution or by such other authority as may be authorized, from time to time, by the Government to confer, grant or issue such degree, diploma, licence or certificate, shall be punishable with imprisonment which may extend to one month or with fine which may extend to two hundred rupees or both for the first offence, and with imprisonment which may extend to six months or with fine which may extend to five hundred rupees or with both for every subsequent offence.

Section 38 Penalty for the grant or issue of diplomas, degrees etc. by unrecognized persons, etc.

(1) No person, institution or body other than those recognized shall confer, grant or issue or hold himself or itself out as entitled to confer, grant or issue any degree, diploma, licence or certificate.

(2) Whoever contravenes the provisions of sub-section (1), shall be punishable with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both for the first contravention and with imprisonment which may extend to one year or with fine which may extend to two thousand rupees or with both for every subsequent contravention.

(3) If the contravention of the provisions of sub-section (1) is by an association, every member of such association shall, unless he proves that the contravention took place without his knowledge or that he exercised due diligence to prevent such contravention, be deemed to be guilty of such contravention.

Section 39 Penalty for practice by unregistered practitioners

(1) After the expiry of five years from the commencement of this Act, no person other than a registered practitioner shall practise the Ayurvedic system of medicine or the homoeopathic system of medicine or hold himself out, whether directly or by implication, as practising, or as being prepared to practise, such system.

(2) Any person who contravenes the provisions of sub-section (1), shall be punishable with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both for the first contravention, and with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both for every subsequent contravention.

CHAPTER 6 Miscellaneous

Section 40 Appeal to Government

(1) An appeal shall lie to the Government from every decision of the Board under this Act except a decision made by the Board as an appellate authority.

(2) Every appeal under sub-section (1), shall be preferred within three months of the date of the decision of the Board.

Section 41 Bar of suits etc., against Government

No suit, prosecution or other legal proceedings shall lie against the Government in respect of an act done in the exercise of the powers conferred by or under this Act.

Section 42 Cognizance of offences

(1) No court other than the Court of a Magistrate of the first classs 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 of an officer empowered by the Government in this behalf.

Section 43 Restriction on production of documents

No member, 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 ordered by the court for special reasons to be recorded in writing.

Section 44 Protection of acts done in good faith

No suit, prosecution or other legal proceeding 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 thereunder.

Section 45 Power to make rules

(1) The Government may, by notification, make rules for carrying out the purposes of this Act.

(2) The power to make rules conferred by this section shall be subject to the condition of the rules being made after previous publication for a period of not less than one month.

(3) Any rules made by the Government under sub-section (1) shall, as soon as may be., after they are made, be laid on the table of the Legislative Assembly.

Section 46 Power to remove difficulties

If any difficulty arises in giving effect to the provisions of this Act or as to the constitution or reconstitution of the Board or the Executive Committee of the Board for Ayurveda or the Special Committee or the appointment of the Registrar or any officer or servant of the Board, the Government, as occasion may require, may be order do anything which appears to them to be necessary for the purpose of removing the difficulty

SCHEDULE 1 Recognized institutions

SCHEDULE (See Section 24) SCHEDULE 1

(See Section 24)

Recognized institutions

(1) Every University in the Union of India established under a statute and having a teaching institution imparting instruction in the Ayurvedic or the homoeopathic system of medicine.

(2) Government College of Integrated Medicine, Madras.

(3) Recognized institutions notified by the Government.

SCHEDULE 2 Recognized qualifications

SCHEDULE (See Section 27) . SCHEDULE 2

(See Section 27)

Recognized qualifications.

(1) L.I.M. (Licentiate in Indigenous Medicine) granted by the Government School of Indigenous Medicine, Madras.

(2) G.C.I.M. (Graduate of the College of Integrated Medicine) granted by the Board of Examiners of Indigenous Medicine, Madras.

(3) A.L.I.M. (Associate Licentiate in Indigenous Medicine) granted by the Government Board of Examiners of Indigenous Medicine, Madras.

(4) A.I.M. or F.I.M. (Associate or Fellow of Indigenous Medicine) granted by the Board of Examiners of Indigenous Medicine, Madras.

(5) Recognized degrees, diplomas, licences, or certificates notified by the Government.

RULE:

ANDHRA PRADESH (ANDHRA AREA) AYURVEDIC AND HOMOEOPATHIC MEDICAL PRACTITIONERS REGISTRATION RULES, 1959

In exercise of the powers conferred by sub-section (1) of section 45 of the Andhra Pradesh (Andhra Area) Ayurvedic and Homoeopathic Medical Practitioners Registration Act, 1956 (Act XXVI of 1956), the Governor of Andhra Pradesh hereby makes the following rules, the same having been previously published for general information as required under sub-section (2) of that section.

PART 1 Preliminary

Rule 1

(1) These rules may be called the Andhra Ayurvedic and Homoeopathic Medical Practitioners Registration Rules, 1959.

(2) These rules extend to the whole of the territories comprised in the State of Andhra Pradesh as it is existed immediately before the 1st November, 1956.

(3) These rules shall come into force with effect on and from the date of publication in the Gazette.

Rule 2

In these rules, unless the context otherwise requires, -

(1) "The Act" means the Andhra Pradesh (Andhra Area) Ayurvedic and Homoeopathic Medical Practitioners Registration Act, 1956 (Act XXVI of 1956) ;

(2) "Registers" means the Register of Practitioners maintained under section 28 and the register of pharmaceutical laboratories, herbaria, firms and vendors of Ayurvedic and homoeopathic medicines maintained under section 32 of the Act ;

(3) "Gazette" means the Andhra Pradesh Gazette;

(4) "Returning Officer" means the person or officer appointed by the Government to do any act or perform any function in connection with the conduct of elections to the Board under these rules;

(5) "Form" means the Form specified in these rules.

PART 2 Conduct of Elections of Members to the Board Rule 3

In the case of an election of a member for the first time under section 4 of the Act, the Returning Officer shall issue a separate precept in respect of the Board for Ayurveda and the Board for Homoeopathy to the electorate apprising it of the election and requiring it to elect members within a date mentioned in the precept. Such precept shall be published in the Gazette and in such other manner as the Returning Officer thinks fit. The Returning Officer shall also publish in the Gazette, a notice in Form 1 inviting the submission of nominations. The Returning Officer shall also send a copy of the precept to the Government requesting them to nominate the members of the Board:

Provided that such of the practitioners who are provisionally registered with the Board for Ayurveda or the Board for Homoeopathy to the fulfilment of the conditions prescribed in clause (c) of sub-section (1) of section 27 of the Act shall be entitled to the rights of franchise only if they qualify themselves fully for the registration by the date of publication of the electoral rolls.

Rule 4

(1) The Returning Officer shall prepare and publish in the Gazette in consultation with the Principals of the institutions giving instruction in the Ayurvedic or Homoeopathic system of medicine in the State recognised by the Government, the Chairman of the Chamber of Municipal Chairmen, the Chairmen of the Zilla Parishads and the Presidents of the Panchayat Samithis on a date to be fixed by him, preliminary rolls of all electors in Form II in each of the electorates specified in clauses (c), (f) and (g) of sub-section (1) and clause (c) and (f) of sub-section (2) of section 4 of the Act.

(2) The Returning Officer shall simultaneously publish separately a notice in the Gazette specifying the mode in which and the time within which claims or objections relating to entries or omissions in the preliminary rolls are to be preferred in respect of each of the Board.

(3) On or after the date fixed for the receipt of the claims and objections the Returning Officer shall pass orders in writing on each claim or objection and revise the electoral rolls in accordance with the orders and the rolls as so revised shall be published in the Gazette as the final electoral rolls.

(4) The Register of Practitioners prepared under section 28 of the Act together with the list or lists, published by the Returning Officer in the Gazette, of practitioners registered under the Act subsequent to the publication of the said Register shall be the final electoral roll for the electorate specified in clause (h) of sub-section (1) or clause (g) of sub-section (2) of section 4 of the Act for the Board.

Rule 5

(1) The nomination of every candidate shall be made by means of a nomination paper in Form III, which shall, on application, be supplied free of cost by the Returning Officer to any elector.

(2) Every nomination paper shall be signed by two electors as proposer and seconder :

Provided that no elector shall sign more nomination papers than there are vacancies to be filled in:

Provided further that if a person has signed a larger number of nomination papers than there are vacancies to be filled, those of the papers so signed which have been first received by the Returning Officer shall upto the number of vacancies if otherwise in order, be deemed to be valid and if such papers so signed by the same elector be received simultaneously by the Returning Officer, all of such nomination papers shall be held to be invalid.

(3) On receipt of each nomination paper the Returning Officer shall forthwith endorse thereon the date and hour of receipt.

Rule 6

Nomination papers which are not received by the Returning Officer before the date and the time appointed in that behalf shall be rejected.

Rule 7

(1) On or before the date appointed for the receipt of nomination papers each candidate wishing to stand for election under clauses (c), (f), (g) and (h) of sub-section (1) and clauses (c), (f) and (g) of sub-section (2) of section 4 of the Act shall deposit with the Returning Officer a sum of rupees fifty in cash, and no candidate shall be deemed to be duly nominated unless such deposit has been made.

(2) If a candidate by whom the deposit referred to in sub-rule (1) had been made, withdraws his candidature in the manner within the time specified in sub-rule (3) of rule 9, or if the candidate dies before the counting of votes, the deposit shall be returned to his legal representative.

(3) If a candidate by whom the deposit referred to in sub-rule (1) has been made is not elected and the number of votes polled in his favour does not exceed one-eighth of the total number of votes polled, the deposit shall be forfeited to the Board.

(4) For the purpose of sub-rule (3), the number of votes polled shall be deemed to be the number of ballot papers, counted as valid by the Returning Officer.

(5) The deposit made in respect of a candidate, whether he is elected or not, shall if it is not forfeited under sub-rule (3), be returned to the candidate as soon as may be after the publication of the result of the election in the Gazette.

Rule 8

(1) On the date and at the time appointed by the Returning Officer for the scrutiny of nomination papers every candidate and his proposer and seconder may attend the office of the Returning Officer, who shall allow them to examine the nomination papers of all candidates which have been received by him as aforesaid.

(2) The Returning Officer shall then examine the nomination papers and may, either of his own motion or on objection made, decide all objections which may arise as to the validity of any nomination and his decision in this regard shall be final.

Rule 9

(1) If the member of duly nominated candidates who stand for election is less than that of the vacancies, the Returning Officer shall forthwith declare such candidates to be duly elected.

(2) If the number of such candidates exceeds that of the vacancies the Returning Officer shall forthwith publish their names and addresses in the Gazette and shall further cause their names to be entered in the ballotpaper in Form V.

(3) Any candidate may withdraw his candidature by notice in writing signed by him and delivered to the Returning Officer not later than fourteen clear days before the date appointed for the poll. A candidate who has withdrawn his candidature as aforesaid shall not be allowed to cancel the withdrawal or to be renominated as a candidate for the same election.

(4) The Returning Officer shall, on receiving a notice of withdrawal under sub-rule (3) cause it to be published in the Gazette.

(5) On or before the date appointed by the Returning Officer in this behalf, he shall send by post to each elector a letter of intimation in Form VI together with a numbered declaration paper in Form IV and a ballotpaper in Form V on which the names of the candidates shall be arranged in alphabetical order and which shall bear on it the Returning Officer's initials or facsimile signature. A certificate of posting shall be obtained in receipt of each such letter of intimation sent to an elector.

(6) An elector who has not received his ballot paper and other connected papers sent by post or who has lost them or whose papers before their despatch back to the Returning Officer have been inadvertently spoilt, may transmit a declaration to that effect signed by himself and require the Returning Officer to send him new papers in lieu of those not received, lost or spoilt;and, if the papers have been spoilt, the spoilt papers shall be returned to the Returning officer who shall cancel them on receipt. In every case when new papers are issued a mark shall be placed against the number of the elector"s name in the electoral roll to denote that new papers have been issued in lieu of those not received, lost or spoilt.

(7) No election shall be invalidated by reason only that an elector has not received his ballot paper, if the ballot paper has been issued to him in accordance with these rules

Rule 10

Every elector desirous of recording his vote shall after filling up the declaration paper and the ballot paper according to the directions given in the letter of intimation, enclose the ballot paper in the ballot paper cover, stick it up, enclose this cover and the declaration paper in the outer envelope addressed to the Returning Officer and send it by registered post at his own cost to the Returning Officer so as to reach him before the appointed time on the date appointed for the poll. All envelopes received after such hour on the day and those received by unregistered post shall be rejected:

Provided that at his option, the elector may in person or by messenger deposit the envelopes in the ballot box which shall be provided at the office of the Returning officer during the hours on the day fixed for the poll.

Rule 11

On receipt of the envelopes by registered post containing the declaration paper and the closed cover containing the ballot paper the Returning Officer shall endorse on the outer envelope the hour and date of receipt.

Rule 12

(1) A ballot paper shall be rejected by the Returning officer, if -

(a) the outer envelope contains no declaration paper outside the ballot paper cover ; or

(b) the declaration paper is not the one sent by the Returning Officer ; or

(d) the ballot paper is placed outside the ballot paper cover ; or

(e) more than one declaration or ballot paper cover have been enclosed in one and the same outer envelope. In each case of rejection, the word "Rejected" shall be endorsed by the Returning Officer on the ballot paper cover or the declaration paper.

(2) After satisfying himself that the electors have affixed their signatures to the declarations the Returning Officer shall keep all the declaration papers in safe custody pending disposal under rule 15.

Rule 13

(1) The Returning Officer shall be present for the purpose of scrutiny and counting of the votes at the time, date and place appointed in this behalf.

(2) All the ballot paper covers, other than those rejected under rule 12, shall be opened and the ballot papers taken out and mixed together. The ballot papers shall then be scrutinized and the valid votes counted.

(3) A ballot paper shall be invalid if it -

(a) does not bear the Returning Officer's initials or fascimile signature as per sub-rule (5) of rule 9 ; or

(b) bears any mark by which the elector can be identified ; or

(d) records more number of votes than the number of vacancies to be filled ; or

(e) is void for uncertainty of one or more votes exercised :

Provided that where more than one vote can be given on the same ballot paper, if any of the marks is so placed as to render it doubtful to which of the candidates it is intended to apply, that part of the ballot paper alone shall be invalid on that account.

(4) Every candidate may be present in person or may send a representative duly authorised by him in writing to watch the process of counting.

(5) The Returning Officer shall show the ballot paper if so desired by the candidates or their authorised representatives at the time of scrutiny and counting of votes.

(6) If any objection is made as to the validity of the ballot paper or of the rejection by the Returning Officer of a ballot paper, it shall be decided at once by the Returning Officer whose decision shall be final.

Rule 14

(1) When the counting of the votes has been completed, the Returning Officer shall forthwith declare that the candidate or candidates to whom the largest number of valid votes have been given, has or have been duly elected.

(2) If there is an equality of votes between any two or more candidates, the Returning Officer shall, after notice to the candidates concerned, decide by drawing lots in the presence of the candidates which candidate or candidates he shall declare to have been elected.

Rule 15

Upon the completion of the counting after the result has been declared by him, the Returning Officer shall seal up the ballot papers and all other documents relating to the election and shall retain the same for a period of six months and thereafter cause them to be destroyed with the approval of the Government.

Rule 16

The Returning Officer shall appoint and shall notify in the Gazette and in such other manner as he thinks fit, the time date and place of - (a) the receipt of nomination papers and their scrutiny, (b) the receipt of the ballot papers ; (c) the poll ; and (d) the scrutiny and counting of votes.

Rule 17

The Government may, of their own motion, or on objection made, declare any election held, to be void on account of corrupt practice or any other sufficient cause and may call upon the electorate to make a fresh election. The decision of the Government under this rule shall be final.

Rule 18

If any question arises as to the interpretation of these rules, it shall be referred to the Government whose decision shall be final. Election of members to the Board under clauses (a) and (b) of sub-sections (1) and (2) of section 4 of the Act.

Rule 19

On receipt of a precept under rule 3, the Senate of the Andhra University or Sri Venkateswara University, as the case may be, shall call upon the Academic Council of that University to elect a member of the Board from among the members of the Faculty of Medicine of that University in accordance with the procedure specified for election of President of the Faculty, with the modification that the Registrar of the University shall exercise the powers of the Vice-Chancellor conferred by the Statutes of the University.

Rule 20

On receipt of the precept mentioned in rule 3, the Government in the Medical and Health Department shall take action to nominate the members to the Board under clause (d) of sub- sections (1) and (2) of the Act.

Rule 21

The Returning Officer shall send a precept under rule 3 to the Secretary to the Andhra Pradesh Legislative Assembly and request him to move the Speaker to take necessary action for the election of one member of the Board by the Members of the Andhra Pradesh Legislative Assembly.

Rule 22

When a vacancy on the Board occurs or at any time within sixty days of the date when such vacancy will occur in the ordinary course of events, the President of the Board, shall in the case of a nominated member, inform the Government of the vacancy and, in the case of an elected member, issue a precept to the electorate apprising them of the said vacancy and requiring them to nominate or elect a person to fill up such vacancy within a date mentioned in the precept. Such precept shall be published in the Gazette and in any three daily newspapers having wide publicity in the State.

Rule 23

The vacancy referred to in rule 22 shall be filled in accordance with the relevant rules relating to the electorate concerned. Rules for the conduct of election of President and Vice-President of the Board.

Rule 24

The President and the Vice-President of the Board shall be deemed to have vacated his office as such on the expiry of his term as member or on his otherwise ceasing to be a member.

Rule 25

The President and the vice-president of the Board shall be elected at a meeting of the Board. The meeting for the election of the President, shall be presided over by a member chosen by the members present by a ballot if necessary, which ballot shall be taken by the Registrar. The meeting shall then proceed to elect the president by a ballot.

Rule 26

(1) A candidate for the office of the President or vice-President shall be proposed by one of the members of the Board and seconded by another. The names of all candidates proposed and seconded shall be read out by the president of the meeting.

(2) The president of the meeting may stand as a candidate at the election and for the purpose of voting he shall also have the right to vote but he shall not have any casting vote.

Rule 27

(1) If there is only one duly nominated candidate, there shall be no ballot and he shall be declared to have been elected.

(2) If there are two or more candidates, an election shall be held by secret ballot and the votes of the members of the Board present at the meeting shall be taken.

Rule 28

Every member of the Board wishing to vote shall supplied with a ballot paper, initialed on the back side of the paper by the president of the meeting, and containing the names of all candidates in the following form:- Name:

(1)

(2)

(3)

(4) The voter shall then proceed to the place set apart for the purpose and there place mark 'X'on the ballot paper against the name of the candidate for whom he wishes to vote. He shall then fold up the ballot paper as to ensure the secrecy of his vote and show the initials of the president of the meeting and deposit the same in a ballot box placed in the view of the president of the meeting and so constructed that the ballot-paper may be placed therein but not removed therefrom without the box being opened. The president of the meeting shall then open the box and count the votes in the presence of the members of the Board present and declare the result of the election in accordance with the following instructions:-

(1) If there are only two candidates, the one who secures the larger number of votes shall be declared to have been elected. In the event of there being an equality of votes between the two candidates, the president of the meeting shall draw lots in the presence of the members of the Board and the person whose name is first drawn shall be declared to have been elected.

(2) If there are more than two candidates, the one who obtains the smallest number of voters shall be eliminated and the votes taken again. If there is an equality of votes among all the candidates or if two or more candidates lowest on the list have obtained an equal number of votes, the president of the meeting shall ascertain by casting lots in the presence of the members of the Board which of them shall be eliminated. The elimination shall be repeated until two candidates only are left, when votes shall be taken for the last time and the candidate who secures the larger number of votes, shall be declared to have been duly elected. In the event of three being an equality of votes at the final stage between the two remaining candidates, the candidate whose name is first drawn shall be declared to have been duly elected as the President of the Board.

Rule 29

Any ballot paper which bears the signature of the voter or on which the market is placed against more than one name shall be invalid.

Rule 30

Upon the completion of the counting and after the result has been declared by him, the president of the meeting shall seal up the ballot papers and all other documents relating to the election and hand them over to the Registrar who shall retain the same in safe custody for a period of six months and thereafter cause them to be destroyed with the approval of the Government.

Rule 31

The Government may, of their own motion, or on an objection received from any person interested may declare any election that has been held to be void on account of corrupt practice or any other sufficient cause and may call on the Board to make a fresh election. The decision of the Government under this rule shall be final.

Rule 32

The President so elected shall take the chair and the members shall propose to elect a vice-president, in the manner laid down in rules 24 to 31 subject to the modification that if there is an equality of votes, the President shall have a casting vote.

APPENDIX 1 Notice of Election

FORM

FORM 1

(See rule 3)

Notice of Election

(Election of a member or members to the Board for Ayurveda and the Board for Homoeopathy)

Notice is hereby given pursuant to the provision of rule 3 of the Andhra Ayurvedic and Homoeopathic Medical etitioners Registration Rules, 1959, that the election of members of the Board for Ayurveda/Homoeopathy to serve during the period / expiring day of is about to be held Nominations of eligible persons to fill the vacancies are invited.

Each candidate must be nominated by a separate nomination paper, but any person entitled to vote at the election may sign the nomination paper of any number of candidates not exceeding the number of vacancies.

Every nomination paper must be in Form III giving all the details required therein.

The nomination paper must reach the undersigned before...............(hour) on the .....................day of ...............

The Forms of nomination may be obtained on application from the undersigned.

Nomination papers in respect of which the provisions of Part II of the rules have not been complied with or which are not received by the Returning Officer by the aforesaid date shall be invalid.

Date:

Address:

Returning Officer.

(See rule 3 )

APPENDIX 2 Board for Ayurveda

FORM (See rule 4)

FORM 2

(See rule 4)

Board for Ayurveda

A. List of persons qualified to vote under sub - section (1) of Section 4 of the Act. Name Qualification Address Remarks (1)(2)(3)(4)

B. List of persons qualified to vote under clause (f)of sub - section (1) of section 4 of the Act. Name Qualification Designation Remarks (1)(2)(3)(4)

C. List of persons qualified to vote under clause(g) of sub - section (1) of Section 4 of the Act. Name Qualification Designation Remarks (1)(2)(3)(4)

D. List of persons qualified to vote under clause (h) of sub- section (1) of section 4 of the Act. Name Qualification Address Remarks (1)(2)(3)(4) Board for Homoeopathy

E. List of persons qualified to vote under clause (c) of sub- section (2) of section 4 of the Act. Name ualification Designation Remarks (1)(2)(3)(4)

F. List of persons qualified to vote under clause (f) of sub- section (2)of Section 4 of the Act. Name Qualification Designation Remarks (1)(2)(3)(4)

G. List of persons qualified to vote under clause (g) of sub- section (2) of section 4 of the Act. Name Qualification Designation Remarks (1)(2)(3)(4) Ayurveda - Extract

H. List of persons qualified to vote under clause (h) of sub- section (2) of section 4 of the Act. Name Qualification Designation Remarks (1)(2)(3)(4)Board of Homoeopathy - Abstract

I. List of persons qualified to vote under clause (i) of sub- section (2) of section 4 of the Act. Name Qualification Designation Remarks (1)(2)(3)(4)

APPENDIX 3 Nomination paper

FORM (See Rule 5 (1)

FORM 3

(See Rule 5 (I)

Nomination paper

Election under sub-section (1) or (2) of section 4 of the Act.

(C)

(F)

(G)

(H)

1. Full name of candidate.

2. Serial number of the candidate in the electoral roll

3. Father's or husband's name

4. Age

5. Nature of qualification under Section 27.

6. Address.

7. Signature of the proposer together with his serial number in the electoral roll.

8. Signature of the seconder together with his serial number in the electoral roll.

9. Signature of the candidate.

Returning

Officer.

Instruction.

Nomination papers which are not received by the Returning

Officer

before ................... (Hour) on the...................................................................

day of .................................................... 198 , shall be invalid.

APPENDIX 4 Declaration paper

FORM (See rule 9(5)

FORM 4

(See rule 9(5)

Declaration paper

Election to the Board for Ayurveda or Board for Homoeopathy under clauses (c),(f),(g) and (h) of sub-section (1) or (c), (f) and (g) of sub-section (2) of section 4 of the Act.

Serial

Number ...........................

Elector's

Name ..........................

Number on the electoral roll, if any ...............

Elector's

Declaration.

.................... (name in full, and designation, if any) declare that I am an elector for the election of a member to the Board for Ayurveda/Homoeopathy under clauses (c), (f), (g) and (h) of sub-section (1) or (c), (f) and (g) of sub-section (2) of section 4 of the Act and have signed no other voting paper at this election.

Station................................

Signature...............................

Date...................................

Address.................................

APPENDIX 5 Ballot Paper

FORM [See rule 9(2)]

FORM 5

[See rule 9(2)]

Ballot Paper

Election to the Board for Ayurveda/Hooeopathy under clauses (c), (f), (g) and (h) of sub-section (1) or clauses (c), (f) and (g) of sub- section (2) of section 4 of the Act.

Serial Number.............

Name of candidate............

Duly nominated Vote............

Returning Officer.

Instructions.

1. The number of vacancies to be filled is ............

2. Place a cross-mark thus 'X' against the name of the candidate (or each of the candidates) for whom you wish to vote.

3. A ballot paper will be invalid, if it –

(a) does not bear the Returning Officer's initials or facsimile signature; or

(b) bears any mark by which the elector can be identified ; or

(d) records more number of votes than the number of vacancies to be filled ; or

(e) is void for uncertainty of one or more votes exercised.

APPENDIX 6 Letter of Intimation

FORM [See rule 9(5)]

FORM 6

[See rule 9(5)]

Letter of Intimation

Board for Ayurveda/Homoeopathy.

Election to the Board for Ayurveda/Homoeopathy under clauses (c), (f), (g) and (h) of sub-section (1) or under clauses (c), (f) and (g) of sub-section (2) of section 4 of the Act.

Sir/Madam,

The persons whose names are printed on the ballot paper sent herewith, have been duly nominated as candidates for election to the Board for Ayurveda/Homoeopathy. Should you desire to vote at the election, I have to request that you will

(a) fill up and sign the declaration paper;

(b) mark your vote, in the column provided for the purpose in the ballot paper, as directed on the ballot paper;

(d) enclose the smaller cover and the declaration paper in the outer envelope addressed to me and return the same to me by registered post so as to reach me not later than ......... (hour) p.m. on the........... day of 198 , .............. or deposit or cause to be deposited the envelope addressed to me in the ballot box provided for the purpose at my office between............. a.m. and ............. p.m. on .............

2. Ballot papers will be rejected if, -

(a) the outer envelope enclosing the ballot paper cover is not sent by registered post and received later than the hour fixed for the closing of the poll or deposited in the ballot box at the office of the Returning fficer and after the hours fixed on the date ; or

(b) the outer envelope contains no declaration paper outside the smaller cover ; or

(d) the declaration paper is not the one sent by the Returning Officer to the voter ; or

(e) more than one declaration paper or cover containing ballot paper have been enclosed in one and the same envelope ; and

(f) the ballot paper is otherwise invalid ; or

(g) the declaration is not in order.

3. A ballot paper will be invalid, if it-

(i) does not bear Returning Officer's initials or facsimile signature ; or

(ii) bears any mark by which the elector can be identified ; or

(iii) does not record any votes thereon ; or

(iv) records more number of votes than the number of vacancies to be filled in ; or

(v) is void for uncertainty of one or more votes exercised.

4. If an elector inadvertently spoils a ballot paper he can return it to the Returning Officer who will, if satisfied of such inadvertence, issue to him another ballot paper.

5. The scrutiny and counting of votes will begin on ......

6. No person shall be present at the scrutiny except the Returning Officer, and such other persons as the Returning Officer may appoint to assist him, the candidates and not more than one representative of each candidate duly authorised by him in writing.

Yours faithfully

Returning Officer.

PART 3

Maintenance of registers for registration of practitioners, pharmaceutical laboratories, herbaria, firms and vendors of Ayurvedic and Homoeopathic medicines.

Rules for the maintenance of registers.

1. (a) The Register of Practitioners shall be maintained by the Registrar in Form VII-A separately for the Ayurvedic and Homoeopathic systems of medicine.

(b) The register of pharmaceutical laboratories, herbaria, firms and vendors of Ayurvedic and Homoeopathic medicines shall be maintained by the Registrar in Form VII-B separately for the Ayurvedic and Homoeopathic systems of medicine.

2. The names shall be entered in the register in the alphabetical order and sufficient space shall be left for further entries with regard to the qualifications and address relating to each name.

3. Each page of the register shall be attested by the signature of the Registrar.

4. (a) On the registration of a practitioner under the Act, the Registrar shall grant such practitioner a certificate in Form 8-A.

(b) On the registration of a pharmaceutical laboratory or herbarium of any Ayurvedic or homoeopathic medicine, firm engaged in the storage and sale of any Ayurvedic or homoeopathic medicine or vendor engaged in the sale of Ayurvedic drugs, crude or otherwise under the Act, the Registrar shall grant to it or him a certificate of registration in Form 8-B.

(c) In the event of a certificate issued under sub-rule (a) or (b), being lost or destroyed, the holder may, at any time during which such certificate is in force, apply to the Registrar for a fresh certificate and the Registrar may, if he thinks fit, on satisfactory proof as to the identity of the applicant grant such certificate on payment of the fee specified in rule 17.

Certificates issued under this sub-rule shall be marked "Duplicate".

5. In the month of March every year, the Registrar shall cause to be printed and published the registers corrected upto 31st December immediately preceding, the names being arranged in alphabetical order with the letter (W) noted against each entry relating to women.

6. (a) When the address of any practitioner, pharmaceutical laboratory, harbarium, firm or any vendor is not known or if found to be incorrect, the Registrar shall write to his or its last known address and obtain his or its correct address. The Registrar may also take any other steps to ascertain the correct address.

(b) If no information regarding the correct address is received from the practitioner, pharmaceutical laboratory, herbarium, firm, or vendor or otherwise, the words "ADDRESS UNKNOWN" shall be entered in the address column of the registers against the entry relating to the practitioner, pharmaceutical laboratory, herbarium, firm or vendor.

7. At the end of each of the registers printed as laid down in rule 5 above there shall be entered a statement showing -

(1) the total number of names registered at the beginning of the year.

(2) the number of names registered during the year.

(3) the number of names restored during the year.

(4) the number of names removed during the year - (a) on death........../(b)otherwise.............

(5) the total number of names remaining at the end of the year. Separate figures under each item for "A" and "B" classes practitioners in the Register of Practitioners and separate figures in respect of pharmaceutical laboratories, herbaria, firms, and vendors of Ayurvedic and Homoeopathic medicine in the register maintained under section 32 of the Act shall be given.

8. Copies of the registers printed under rule 5 shall be made available to persons applying therefor on payment of a sum which shall not exceed the cost of printing.

Rules for the registration of practitioners, pharmaceutical laboratories, herbaria, firm and vendors of Ayurvedic and Homoeopathic medicines.

9. (1) Every person entitled to be registered under section 27 of the Act and desirous of registering shall apply to the Registrar in Form IX-A for registration under classs "A" and in Form IX-B for registration under classs "B" duly filled in and signed. Every such application shall be accompanied by the fee prescribed in rule 17.

(2) Every application for registration shall be sent to the Registrar in the prescribed form supported by the recommendation of two persons who are registered practitioners or are entitled for registration under clauses (d) and (e) of sub-section (1) of section 27 of the Act or have been registered under the rules and regulations prescribed by the Board of Indian Medicine, Hyderabad:

Provided that in case of registration by transfer, the recommendation of two persons shall not be necessary.

10. (1) Every pharmaceutical laboratory, herbarium, firm or vendor of Ayurvedic and Homoeopathic medicines, entitled to be registered under section 32 of the Act and desirous of registering, shall apply for registration to the Registrar in Form IX 'C' or Form IX-'D' in case of crude drugs, duly filled in and signed.

Every such application shall be accompanied by the fee prescribed in rule 17.

(2) Every application for registration shall be sent to the Registrar in the prescribed form supported by the recommendation of the persons who are registered practitioners or are entitled for such registration under section 32 of the Act or have been registered under the rules and regulations prescribed by the Board of Indian Medicine, Hyderabad:

Provided that each application for registration from a pharmaceutical laboratory, herbarium, firm or vendor of Ayurvedic and homoeopathic medicines shall be recommended by two registered pharmaceutical laboratories, herbaria, firms or vendors of Ayurvedic and homoepathic medicines, as the case may be:

Provided further that in case of registration by transfer the recommendation of two persons shall not be necessary.

(3) On receipt of an application under section 31 of the Act, the Board for Ayurveda or the Board for Homoeopathy, as the case may be, if it considers it necessary, refer such application to a Committee of the Board, for inspection of the institution applying for registration and further action on the application shall be taken on receipt of the report of such Committee.

11. (1) The name of every registered practitioner, pharmacuetical laboratory herbarium, firm or vendor of Ayurvedic and Homoeopathic medicines under the Act, shall, subject to the provisions contained in the Act and the regulations, if any, made by the Board, as to the alteration of the entries in and removal of names from the registers and as to the payment of any fee of such registration, be entered in the registers concerned and such registration shall hold good until 31st December of the fifth year following the year in which the name is first registered in respect of the registered practitioners, on the same year in which the name is first registered in respect of the pharmaceutical laboratories, herbaris, firms or vendors of Ayurvedic or Homoeopathic medicines, or till such time as the Government may consider necessary.

(2) Any person desiring to continue his or its registration shall apply to the Registrar before the 1st day of April of the fifth or next year as the case may be in which the registration was made or last renewed. The registers shall be in Form X-A in the case of pharmaceutical laboratories, herbaris, firm or vendors of Ayurvedic and homoeopathic medicines and shall forward with such application the fee prescribed in that behalf in rule 17.

(3) The Registrar may send to any practitioner, a pharmaceutical laboratory, herbarium, firm or vendor of Ayurvedic or homoeopathic medicines, who has not paid his renewal fees on the 1st January in the year in respect of which such fee is payable, a demand for payment thereof, which demand shall be by a letter sent by post addressed to the person concerned at his or its address in the register.

(4) When a renewal fee is not paid before the due date, the Registrar shall remove the name of the defaulter from the registers: Provided that a name so removed may be restored to the registers on payment of fees and penalty as prescribed in rule 17.

12. (1) An application for registration of an additional qualification under section 27 of the Act shall be in Form IX and shall be accompanied by fee prescribed in that behalf in rule 17.

(2) On registration of any additional qualification under sub- rule(1), the Registrar shall grant such practitioner a certificate in Form XII.

13. Any appeal to the Board against refusal by the Registrar to register in the case of first registration or to alter any entry in the registers must state the grounds on which registration is claimed or furnish the qualifications and the dates of acquiring such qualifications. On receipt of such an appeal, the Executive Committee of the Board for Ayurvedic shall conduct an enquiry and submit a report to the Board.

14. Certified copies of entries in the registers in Form XII-A in the case of Register of practitioners maintained under section 28 and in Form XIII-B in the case of register maintained under section 32 of the Act, may be issued to any one on payment of the fee prescribed in rule 17.

15. A fee as prescribed in rule 17 shall be levied for registering a change of name in the registers.

16. (1) The Board may remove from the registers the name of any person at his request provided that such person filed a declaration that no disciplinary or criminal proceedings are being or likely to be taken against him.

(2) The Registrar shall bring an application under sub-rule (1) before the next meeting of the Board or the Executive Committee of the Board for Ayurveda in the case of Board for Ayurvedic, which shall consider the application together with any objections received thereto, and the President may put from the chair, the question:-

"Whether the Registrar shall remove the name (the applicant name) from the registers.".

If it is decided by a majority of the members of the Board or of the Executive Committee of the Board for Ayurveda present at the meting to remove the name of the applicant, the Board or the Executive Committee of the Board for Ayurveda may direct such removal subject to the following conditions, namely:-

(a) No application from a registered practitioner, a Pharmaceutical laboratory, herbarium, firm or vendor of Ayurvedic and homoeopathic medicines for the removal of his or its name from the Register of Practitioners or the register maintained under section 32 of the Act, as the case may be, shall be considered during the pendency of any disciplinary proceedings or in case any disciplinary proceedings are contemplated until it is finally disposed of.

(b) If any such application is made with a view to enable the applicant to pursue a course of conduct which would have brought him or it under the disciplinary jurisdiction of the Board or the Executive Committee of the Board for Ayurveda, and his or its name continued to remain on the concerned registers, it shall be rejected.

(c) Any such applicant whose name has been removed may apply for fresh registration and get himself or itself registered, provided he or it is qualified for registration under the rules in force at the time of such fresh application and it shall be open to the Board or the Executive Committee of the Board of Ayurveda, for sufficient reason, to direct that the name of the applicant whose name has not been entered shall be entered and whose name has been removed shall be entered in the registers concerned.

17 (1) The following fees shall be levied by the Board.

Sl.No.

In the case of Practitioners Fee.

In the case of Pharmaceutical laboratories, herbaria and firms Fee.

(1)(2)(3)

Rs. Rs.

(i) The first registration in the registers. .... 25=00 75=00 Ayurveda 50=00 Homoeopathiy

(ii) Every Qualification subsequently registered. .... 10/- ...

(iii) Restoration to the Register after removal for nonpayment of renewal fee (penalty) .... 5/- (per annum) 5/- (per annum)

(iv) Renewal fee (once in five years in the case of practitioners and once in a year in the case of others) .... 5/- (per annum) 5/- (per annum)

(v) Restoration to the registers under section 24. .... 15/- 15/-

(vi) Registration of a change in name. .... 8/- 8/-

(vii) Every certified copy of entry in the register. .... 5/- 5/-

(viii) For duplicate certificate under rule 4 (c) .... 10/- 10/-

(ix) Registration of vendors .... 5/- ...

(x) Registration by transfer of names of the medical practitioners who are already registered in another State, including Madras (Now Tamil Nadu State) 25/- ...

2. The Board may collect the following costs for the Forms:- Cost of Forms Nos. IX-A and IX-C ....... 1=00 each 1=00 each

APPENDIX 7A Form of Register of Practitioners to be maintained under section 28 of the Act

FORM [See rule 1 (a) in Part III]

APPENDIX 7B Form of register of pharmaceutical laboratories, herbaria, firms and vendors of Ayurvedic and homoeopathic medicines to be maintained under section 32 of the Act

FORM [See rule 1 (b) in Part III]

APPENDIX 8A Certificate to be issued to the registered practitioners

FORM [See rule 4 (a) in Part III]

FORM 8A

[See rule 4 (a) in Part III]

Certificate to be issued to the registered practitioners

The Board for Ayurveda/Homoeopathy

(seal)No.

This is to certify that......has been duly provisionally registered as a registered practitioner under classs "A"/classs- "B". In witness whereof are herewith affixed the seal of the Board for Ayurveda/Homoeopathy and the signature of the Registrar, Boards for Ayurveda and Homoeopathy.

(seal)Registrar.

1. This certificate shall remain in force for a period of three/five years from the date of registration.

2. This certificate is the property of the Board for Ayurveda/Homoeopathy and issued to the above named practitioner in accordance with rule 4 (a) in Part III of the Andhra Ayurvedic and Homoeopathic Medical Practitioners Registration Rules, 1959.

APPENDIX 8B Certificate to be issued to registered pharmaceutical laboratories, herbaria, firm, or vendors of Ayurvedic/Homoeopathic Medicines

FORM [See rule 4 (b) in Part III]

FORM 8B

[See rule 4 (b) in Part III]

Certificate to be issued to registered pharmaceutical laboratories, herbaria, firm, or vendors of Ayurvedic/Homoeopathic Medicines

(Seal)

NO.

.................................Date.....................

This is to certify that...............has been duly registered as a registered pharmaceutical laboratory/ herbarium/ firm/ vendor of Ayurvedic and homoepathic medicines and is entitled to all the privileges granted under relevant regulations made by the Board for Ayurveda/Homoeopathy as amended from time to time.

In witness whereof are herewith affixed the seal of Board for Ayurveda/Homoeopathy and the signature of the egistrar, Boards for Ayurveda and homoeopathy.

(seal)

Registrar.

1. This certificate shall remain in force till 31st December.................................................. day of grace upto 31st March.

2. This certificate is the property of Board for Ayurveda/Homoeopathy and issued to the above mentioned pharmaceutical Laboratory/herbarium firm/vendor of Ayurvedic and Homoeopathic medicine in accordance with rule 4 (b) Part III of the Andhra Ayurvedic and Homoeopathic Medical Practitioners Registration Rules, 1959.

APPENDIX 9A From of application for the registration of practitioners under classs 'A' section 27 of the Act

FORM [See rule 9 (1) in Part III]

FORM 9A

[See rule 9 (1) in Part III]

From of application for the registration of practitioners under classs 'A' section 27 of the Act

The

Registrar,

Boards

for Ayurveda and

Homoeopathy,

Hyderabad

(Andhra Pradesh State).

Sir,

I request that my name may be registered as a practitioner under the Andhra Pradesh (Andhra Area) Ayurvedic and Homoeopathic Medical Practitioners Registration Act, 1956 in classs 'A' and that I may be furnished with a certificate of registration.

2. Necessary particulars are given on the reverse of this application.

3. I enclose for your perusal and return the certificate in original and their copies for record in your office.

4. I hereby declare that I have read carefully and understood the instruction and/particulars supplied to me and that all entries on the reverse of this application are true to the best of my knowledge and belief.

5. I agree that I will follow the rules and regulations of the Board which may be laid down for the guidance of registered practitioners from time to time.

Yours faithfully,

Date :

Address:

Instructions.

(1) All particulars of the application must be filled in by the applicant in neat legible hand.

(2) The name and particulars entered in this application must exactly correspond with the names and particulars of the applicant entered at the University or other examination.

(3) Registration fee prescribed in rule 17 should be credited to the Account of the Board in the Treasury or in any of the branches of the State Bank of India or sent by money order in the name of the Registrar. Every application should be accompanied by the Bank receipt, challan or the money order receipt as the case may be.

The registration fee is not refundable.

(4) Under the Act, at present only persons who possess the qualifications prescribed in section 27 of the Act are eligible for registration.

(5) Copies of section 27 of the Act and rule 17 of the rules are attached with this application for the information of the applicant.

(6) A copy of rule 12 regarding renewal of registration is attached for information.

(Reverse)

APPLICATION.

1. Name in full.

2. Father's name.

3. Place and date of birth (Proof of age to be attached).

4. Nationality.

5. Permanent residential address.

6. Address of the hospital, dispensary or other place in which employed at present.

7. Description of qualification as a practitioner (kindly attach original certificate with a copy).

8. Name of the examining body.

9. Name of the institution under which training undergone.

10. Year of passing the examination.

Date.

Signature.

APPENDIX 9B Form of application for the registration of practitioners under classs "B" section 29 of the Act

FORM [See rule 9(1) in Part III]

FORM 9 B

[See rule 9(1) in Part III]

Form of application for the registration of practitioners under classs "B" section 29 of the Act

The Registrar,

Boards of Ayurveda and Homoeopathy, Hyderabad,

(Andhra Pradesh State).

Sir,

have been a practitioner of ................... system of medicine for not less than ...................... years as shown below :

(a) at 1.

(b) from to

2. from to

3. from to

1. The date of birth of the applicant is ...................

2. Present occupation of the applicant is ...................

3. Father's name and occupation are

.........................

4. Other occupation (if any) of the applicant are ..............

Full Address :

Dated :

Signature of the applicant.

(a) Here enter the name or names of the place or places where the applicant is shown as practising or having practised.

(b) Here enter dates showing the beginning and termination of practice in each place. Other occupations to be noted in this column are other occupations followed during the period of practice in each of the places noted above.

CERTIFICATE

Certify that the facts stated in the above application are true to the best of my knowledge. I recommend the registration of the applicant in the Register of Practitioners maintained under section 28 of the Act under classs 'B'

Name and address of practitioner recommending the application Registration No. with name of State and place of registration.

Signature of member entitled to recommended the applicant Instructions

(1) All particulars of the application must be filled in by the applicant in neat legible hand.

(2) The names and particulars entered in this application must exactly correspond with the names and particulars of the applicant entered at the University or other examination.

(3) Registration fee prescribed in rule 17 should be credited to the account of the Board in the treasury or in any of the branches of the State Bank of India or sent by money order in the name of the Registrar. Every application should be accompanied by the Bank receipt, challan or the money order receipt as the case may be. The Registration fee is not refundable.

(4) Under the Act, at present only persons who possess the qualifications prescribed in section 27 of the Act are eligible for registration.

(5) Copies of section 27 of the Act and rule 17 of the rules are attached with this application for the information of the applicant.

(6) A copy of rule 12 regarding renewal of registration is attached for information.

(7) All applications for registration should be accompanied by one of the following certificate in respect of the date of birth mentioned in the application :-

1. Extract from S.S.L.C. Book or any School Leaving Certificate

2. Extract from Register of Birth maintained by village officers duly attested by a revenue officer not below than the rank of a Tahsildar or Village panchayat officer :

3. Extract from any Insurance Policy in force ; or

4. A declaration from a person who is closely acquainted with the birth of the applicant. This declaration should be made in the presence of a revenue officer not below the rank of a Tahsildar or a Magistrate.

APPENDIX 9C Form of application for the registration of a pharmacy or medical store

FORM [See rule 10(1) in Part III.]

FORM 9 C

[See rule 10(1) in Part III.]

Form of application for the registration of a pharmacy or medical store

1. (a) Name of pharmacy or medical store seeking recognition.

(b) Name of the person owning/managing the pharmacy or medical stores.

2. Address.

3. Name of the nearest railway station, bus route and public road to the place where the pharmacy or store is situated.

4. Date of establishment of the pharmacy or stores.

5. Nature of concern -

(a) Private or limited.

(b) The present financial position of the pharmacy or store With special reference to the capital invested.

(d) Dealers in raw drugs or medicinal preparation or both.

(e) Medicines prepared ; Ayurveda, Unani and Homoeopathic.

(f) Names, quantities and cost of medicine prepared in the pharmacy or store during the previous years.

(g) Names, quantities and cost of medicines sold to the public.

(h) The cost of raw drugs and prepared medicines in stock at present in the pharmacy or store.

(i) Whether the pharmacy or store has ever supplied medicines to local bodies, if so, the name, quantity and cost of medicine supplied and the year of supply.

(Certificates regarding supply to be attached)

6. Building and method of storing :-

(a) The description of the building (Note : a plan of the building to be sent for perusal and file in the office)

(b) Whether specially built for the purpose and whether it is owned or rented by the pharmacy or store.

(d) The area occupied by the building.

(e) Whether there are separate and suitable places -

(1) For the storing of raw drugs.

(2) For the preparation of medicines.

(3) For preserving the medicines during preparation with special reference to Asavs, Arishta, tinctures and puttam, etc.

(4) For storing the prepared medicines.

(f) Whether there is an open area round the building with provisions, for drying the drugs.

(g) Whether the pakasala is suitably built with necessary provisions for outlet of smoke.

(h) The source of supply of water to the pharmacy or store.

(i) Whether the water is suitable for the preparation of medicines.

(j) Whether there are good arrangements for quick drainage and disposal of used water.

(k) The nature of convenience available for the personnel employed with special reference to provision of lavatories, urinals, etc.

(l) The alcohol and its strength used in the preparation of medicines.

(m) Whether the drugs are prepared with back potencies or importing original potencies.

(n) Whether equipment for protection of medicine is owned.

7. Staff employed - Superintending Medical Officers –

(1) (a) Name.

(b) Qualifications.

(c) The name of the Medical Institution in which the Superintending Medical Officer was trained, or the name and address of the Physician of repute by whom he was trained, the number of years during which he underwent training, and the diploma he has, if any.

(d) Number and date of registration certificate possessed by the Superintending Medical Officer.

(e) Whether he is quite familiar with the preparation of medicines mentioned in the authorised list.

(f) Whether he was employed in any pharmacies or stores at any time and if so, number of years served in each.

(g) Whether he has with him the books referred to under Ayurveda/ Unani/Homoeopathic in the authorized list or whether he has at least a manuscript Pharmacopeia containing the formulae of all Ayurveda/Unani/Homoeopathy medicines as found in the standard list.

(2) Other staff (clerks, compounders, peons, coolies, etc.) Daily average number of coolies and other staff employed in the pharmacy or store during the previous years.

I/we agree that the recognition, if granted,shall be subject to the condition that the rules are duly complied with at all times and that if there be any failure to be so (of which failure the decision of the Board for Ayurveda/Homoeopathy, as the case may be shall be final), the recognition shall be withdrawn.

Station:

Date:

Signature of person managing the pharmacy or store.

APPENDIX 9D Form of application to be filled up and submitted by the stores, or vendors dealing in crude drugs

FORM (See rule 10 (1) in part III)

FORM 9 D

(See rule 10 (1) in part III)

Form of application to be filled up and submitted by the stores, or vendors dealing in crude drugs

1. Name

2. Address of the store

3. Whether the fee prescribed is paid.

Signature.

APPENDIX 9E Form of application for registration by transfer of medical practitioners who are already registered in another State, including Madras State. (Now Tamilnadu)

FORM (See rule 17 in Part III)

FORM 9 E

(See rule 17 in Part III)

Form of application for registration by transfer of medical practitioners who are already registered in another State, including Madras State.(Now Tamilnadu)

The Registrar,

Boards for Ayurveda and Homoeopathy.

Sir,

I am already registered under the.................. Act.................................................... ..........under classs 'A' /'B'/'C" and my registration No. is...............................................I am a qualified practitioner holding the degree/diploma of ...............................issued by the ................... .................................................

(if not a holder of any degree or diploma, the above sentence should be struck off). The validity of my present registration certificate expires by (date) of 19.

I wish to apply for registration of my name by transfer in the Register of Practitioners for Ayurveda/Homoeopathy maintained by the Board, subject to the rules and regulations of the Board.

I am enclosing herewith the challan (No. ) of the State Bank of India having paid the prescribed fee therein, for my registration by transfer.

Station yours faithfully.

Date:

Signature of the Applicant.

APPENDIX 10A Form of application for the renewal of registration of practitioners

FORM (See rule 11 (22)

FORM 10 A

(See rule 11 (22)

Form of application for the renewal of registration of practitioners

The Registrar,

Boards for Ayurveda and Homoeopathy.

Sir,

I am to state that I am already registered under the Andhra Pradesh (Andhra Area) Ayurvedic and Homoeopathic Medical Practitioners Registration Act,1956 (Act XXVI of 1956), under classs 'A'/'B' and my registration No. is ......... The validity of the present registration certificate held by me expires by 31st March. I wish to apply for the renewal of my name in the Register of Practitioners for Ayurveda/Homoeopathy maintined by the Board for a further period of five years from the date of expiry of the validity of my present certificate. The prescribed fee of Rs. ...........is sent herewith.

Station yours faithfully.

Date

Signature of the Applicant.

APPENDIX 10B Form of application for renewal of registration of pharmaceutical laboratories, herbaria, vendors of Ayurvedic and homoeopathic medicine

FORM (See rule 11 (2) in Part III)

FORM 10 B

(See rule 11 (2) in Part III)

Form of application for renewal of registration of pharmaceutical laboratories, herbaria, vendors of Ayurvedic and homoeopathic medicine Same as Form X-A with suitable modifications, relating to the intervals at which certificates shall have to be renewed by pharmaceutical laboratories, etc.

APPENDIX 11 Form of application for registration of additional qualification in respect of practitioners

FORM (See rule 12 (1) in Part III

FORM 11

(See rule 12 (1) in Part III)

Form of application for registration of additional qualification in respect of practitioners

The

Registrar,

Board for Ayurveda and Homoeopathy

Sir

I beg to apply for the registration of the additional qualification of which I have obtained from in The diplomas of certificate, of the qualifications are enclosed. These may be returned as soon as done with.

I am already registered under the Andhra Pradesh (Andhra Area) Ayurvedic and Homoeopathic Medical Practitioners Registration Act,1956 (Act XXVI of 1956), under classs 'A'/'B' and my registration no.is................ The prescribed fee of Rs. is sent herewith.

Station yours faithfully.

Date

Signature of the Applicant.

APPENDIX 12 Certificate to be issued to registered practitioners for the registration of additional qualifications

FORM (See rule 12 (2) in Part III

FORM 12

(See rule 12 (2) in Part III)

Certificate to be issued to registered practitioners for the registration of additional qualifications

The entry relating to the additional diploma/certificate appearing below has been made in the Register of Practitioners maintained under Section 28 of the Andhra Pradesh (Andhra Area) Ayurvedic and Homoeopathic Medical Practitioners Registration Act,1956 (Act XXVI of 1956) against the name of Shri/Shrimathi...

Registration No Diplomas or certificates already registered.

Diplomas or certificates now registered.

Date:

Registrar:

APPENDIX 13A Certified copy of entries in the Register of Practitioners. Office of the Registrar

FORM (See rule 14 in part III

FORM 13 A

(See rule 14 in part III)

Certified copy of entries in the Register of Practitioners.

Office of the Registrar

Boards for Ayurveda and Homoeopathy,

No.

Certified to be a true copy of entry in the Register of Practitioners maintained under section 28 of the Andhra Pradesh (Andhra Area) Ayurvedic and Homoeopathic Medical Practitioners Registration Act,1956 (Act XXVI of 1956), of the name specified below.

(1) Name

(2) Address

(3) Date of Registration

(4) Qualification

Registrar.

N.B.-The certified copy remains evidence of registration only until the publication of the printed Register of Practitioners for 198....

It should not be used as an evidence for the identity of the holder with the person named therein

APPENDIX 13B Certified copy of the register of pharmaceutical laboratories, firms, herbaria and vendors of Ayurvedic and homoeopathic medicine

FORM [See rule 14 in Part III]

FORM 13 B

[See rule 14 in Part III]

Certified copy of the register of pharmaceutical laboratories, firms, herbaria and vendors of Ayurvedic and homoeopathic medicine

[Same as Form XIII-A with necessary alterations].

PART 4

Rules for the appointment, control, pay and allowances of the establishment employed under section 15 of the Act and the powers of Registrar under the said section Method of Appointment.

1. No person shall be employed by the Board if he is more than twenty five years of age on 1st July of the year in which he is appointed, provided this rule shall not apply to the employees lent by the Government on deputation. This rule may however be relaxed by the Board in individual cases on merits with prior approval of the Government.

2. Every vacancy or fresh appointment shall be advertised in two of the leading daily newspapers, one in Telugu and the other in English.

3. Certificate of age, health and vaccination from duly registered medical practitioners shall be furnished by every employee before assuming charge Probation.

4. (1) Every person appointed to a post shall ordinarily be on probation for a period of one year.

(2) If on completion of probation, he is found competent he may be confirmed in the post.

(3) During the period of probation the service of an employee may be terminated by the Registrar with the approval of the Board if the work and conduct of the employee are not found satisfactory. In all cases of termination of probation the procedure prescribed in the Andhra Pradesh Civil Services (classsification, Control and Appeal )

Rules, shall be followed Retirement.

5. (1) No employee shall ordinarily be continued in service after he has attained the age of fifty-five years.

(2) In special cases,an employee may be retained in service until he attains the age of sixty.

(3) Every application, if any, for retention in service of an employee beyond the age of superannuation shall, be made by the employee sufficiently early and the Board shall not grant extension to any employee for more than a year at a time subject to the limit of five years under any circumstances.

6. All employees including the Registrar shall be the whole-time servants of the Boards.

7. No employee shall directly or indirectly communicate to any person institution, or to the press any information, or hand over any document which has come into his possession in the course of his official duties.

8. The Boards concerned shall maintain a record of the service of each of its employees recording therein his rank, emoluments, promotions, and leave account. All changes effected shall be attested by the President of the Board concerned in the case of the Registrar and in other cases by the Registrar Security.

9. Cash security shall be taken from the Registrar, Inspector, officers and servants of the Boards for such amounts as may be fixed by the Boards from time to time. No person shall be continued in service if a moiety of his salary is constantly being attached or attached for two consecutive years or if he cannot discharge his liabilities within two years Suspension.

10. During suspension, an employee shall be given subsistence allowance at the rates admissible to Government servants. When the employee is under suspension, he shall leave his address with the Registrar. He shall obey all summons to attend the enquiry into his conduct at his own cost. If he fails to do so, the enquiry shall be held exparte.Powers and Functions.

11. The Registrar shall keep the registers in accordance with the provisions of the Act and the rules and regulations made under the Act by the Government and the Boards.

12. The Registrar shall be present at every meeting of the Board and of the Executive Committee of the Board for Ayurveda and shall take minutes of the proceedings at such meetings.

13. The Registrar, as Secretary shall conduct and have charge of the correspondence of the Board and shall issue all requisite notices in the manner required under these rules.

14. The Registrar shall fulfil the duties that may be required of him by the rules and regulations for the time being of the Board.

15. The Registrar shall attend on every day except on Public holidays from 10-30 a.m. to 5 p.m. The Registrar shall attend office also at other times when necessary and shall not absent himself from his duties except with the permission of the President.

16. The Registrar shall be authorised to obtain whatever temporary additional assistance that may be required subject to the sanction of the Boards.

17. The Registrar shall have the general control and supervision over the Inspectors, officers and servants of Boards, the management of the office, and superintendence of the building.

18. The duties of the clerks shall be assigned to them by the Registrar under the direction of the Executive Committee.

19. The clerks shall attend office on all working days and at other times when necessary and they shall not absent themselves except with the permission of the Registrar. The Registrar shall grant leave to the clerks in accordance with the leave rules admissible to Government servants.

20. The peons shall attend office in accordance with the orders of the Registrar and they may be granted leave by the Registrar according to the rules admissible to Government servants.

21. The Registrar may impose any penalty of fine not exceeding one rupee at a time on any peon of his office. Any other punishment referred to in section 15 of the Act shall be imposed by the Registrar with the prior approval of the Boards and subject to such conditions as may be provided for in the regulations. In all cases involving disciplinary proceedings and leading to the imposition of punishments referred to above, the procedure laid down in the Andhra Pradesh Civil Services (classsification Control, and Appeal) Rules shall be followed.

PART 5

Miscellaneous.

Rules for the payment of travelling allowance to members of the Boards for Ayurveda and Homoeopathy and the staff for attending its meeting and for other purposes.

1. Non-official members of the Boards shall be paid travelling allowance at the rates admissible to non-official members appointed on 1st classs committees constituted by the Government for the journeys performed by them to attend the meetings of the Boards, the Executive Committee or any Special Committee or in connection with any of the duties which the Boards may from time to time assign to them in order to discharge their duties under the Act or the rules and regulations made thereunder.

2. The non-official members co-opted by the Boards and approved by the Government who are not elected members of the Boards, shall be paid travelling and daily allowances at the same rates as those admissible to members of the Boards, subject to the prior sanction of the Government.

3. The travelling allowance shall be drawn and paid to all the members in advance at the time of meetings by the Registrar.

4. Official members shall be paid the travelling allowance at the rates admissible to them for journeys on tour under the Andhra Pradesh Travelling Allowance Rules.

5. The expenditure on account of the travelling allowances to official and non-official members of the Boards shall in all cases be met from the funds of the respective Boards :

Provided that in respect of every application under section 24 or section 31 of the Act, referred to a person authorised under section 24 or to a Committee constituted for inspection of the institution applying for registration, the Board for Ayurveda or the Board for Homoeopathy, as the case may be, may recover from the institution concerned such inspection fee as may be fixed by the Board and the travelling and daily allowances of the person authorised under section 24 or the members of the Committee, as the case may be, at rates not exceeding those mentioned in rules 1 and 4 above.Rules for the inspection of documents.

6. The following shall be the conditions on which leave shall be granted by the President of the Board to the members of the Boards to inspect the documents of the Board of which he or she is a member when not required for use by its legal advisers:-

(1) A notice in writing of three clear days shall be given to the Registrar, except when the Board is in session when special leave may be granted.

(2) The subject of the document needed for inspection shall be stated.

(3) Documents under inspection shall not be removed from the premises of the Board.

(4) All such documents and the information derived therefrom shall be regarded as strictly confidential.

7. The Registrar shall be responsible for the safe custody of all documents. He shall also arrange the documents in such an order as to facilitate their inspection during office hours.Rules relating to accounts and disposal of monies received under the Act.

8. Separate accounts of all receipts and charges relating to the Boards for Ayurveda and Homoeopathy shall be maintained by the Registrar and separate cash register shall be maintained for the purpose.

9. Separate accounts for each of the Boards shall be opened in the State Bank of India in the name of the concerned Board and all monies payable to the Boards shall be deposited in the Bank subject to the conditions in provisions of rule

10. The Registrar, who is also the Treasurer of the Boards under section 15 of the Act, shall receive all monies payable to each of the Boards. He shall not retain in his hand at any time a sum more than rupees two hundred, the balance being lodged in the Bank to the credit of the respective Board.

11. The Registrar shall verify the details of income and expenditure of the Boards and shall, at each ordinary meeting of the Executive Committee of the Board for Ayurveda and the Board for Homoeopathy, submit a financial statement showing the transactions of the concerned Board for the month previous to the one in which the meeting is held. This statement shall, if possible, be furnished to the members with the notice calling the meeting.

12. The Registrar shall, in the month of July in each year, prepare a statement of income and expenditure for the preceeding financial year ending with the 31^st March and draw the attention of Board to such matters as deemed deserving of notice.

13. The annual accounts shall be prepared by the Registrar separately for each of the Board under the direction of the Executive Committee.

14. In the month of September of each year a separate estimate of the revenue and of the expenditure of the Board for the ensuing year commencing on the 1^st April shall be laid before the Boards concerned.

15. Such estimates shall make provisions for the fulfilment of the liabilities of the Boards and for effectually carrying out its objects. It shall include on its revenue side, besides all revenue ordinarily anticipated, all fees, donations and other sources received by the Board and the amount expected from the Government by way of grant.

16. The Boards shall consider the estimates so submitted to it and shall sanction the same with such modification or alterations as it may deem fit.

17. The Board may at any time during the year for which any estimate has been sanctioned, cause a supplementary estimate to be prepared and submitted to it. Every such supplementary estimate shall be considered and sanctioned by the Board, in the same manner as an original annual estimate. No expenditure shall be incurred by the Board which is not duly provided for in the annual estimate or in a supplementary estimate.

18. A bill or other voucher presented as claim for money shall be received and examined by the Registrar. If the claim be for a sum not exceeding rupees fifty and the bill is in order, he shall pay it. If the claim is for a sum exceeding rupees fifty and the bill is in order, payment shall be made after it is sanctioned by the President of the Board concerned ; and in the absence of the President, by the Director, Indian Medicine and Homoeopathy, Hyderabad.

19. The Registrar shall immediately bring into account in the general cash book all monies received or sent by the Board.

20. All the cheques on the Bank shall be signed -

(a) by the President or his nominee and the Registrar ; and

(b) in the absence of the President, by the Director, Indian Medicine and Homoeopathy and Registrar.

PART 6

Rules under section 18 of the Act relating to (i) the Constitution, and (ii) the manner of filling up of vacancies. Constitution of the Executive Committee [Vide section 18(1) of the Act]

1. As soon as may be after the Board is constituted, a special meeting of the Board shall be convened by the President for the purpose of electing the members of the Executive Committee to be constituted under sub-section (1) of section 18 of the Andhra Pradesh (Andhra Area) Ayurvedic and Homoeopathic Medical Practitioners Registration Act, 1956.

2. The number of members of the Executive Committee shall be as determined by the Board by regulations subject to the condition that at least two seats one for representing the Unani system of medicine and one for the Prakriti System of medicine shall be reserved. In these rules, the seats reserved for the said systems of medicine are hereafter referred to as the reserved seats and the other seats as general seats.

3. The election of the members shall be by ballot or by show of hands as the Board may determine by regulations.

4. Not less than seven clear days before the date fixed for the election of members of the Executive Committee, the President of the Board shall intimate the following particulars to all the members of the Board:-

(i) the number of general and reserved seats to be filled up ;

(ii) the date on which, the place at which and the hours between which the election shall be held.

5. Election shall be conducted in two stages first for the general seats and after the result of the first stage is declared then for the reserved seats.

6. The President shall conduct the elections in the first stage in the following manner :-

(a) At the commencement of the meeting of the Board, the President shall announce the number of members to be elected to the general seats and call for nominations from amongst the members of the Board present at the meeting.

(b) For every nomination there shall be a proposal by a member of the Board, present at the meeting other than the candidate, and such proposal shall be seconded by another such member.

(c) Each member present at the meeting shall be entitled to propose or second one candidate for each vacancy but not more than three candidates in all.

(d) Nomination shall be received by the President from any members of the Board present at the meeting and shall be accepted by the President after scrutiny ; the President, shall then announce the names of the candidates whose nominations are accepted and a list thereof arranged in the alphabetical order shall be prepared.

(e) If the number of candidates so listed is equal to or less than the number of seats to be filled up all such candidates shall be declared elected and fresh nominations shall be called for to fill up the remaining seats if any. If the number of candidates so listed is more than the number of seats to be filled up a poll shall be taken.

(f) For the purpose of taking a poll a ballot paper containing the names of the candidates whose nominations are accepted arranged in the alphabetical order of their names shall be given to each member present at the meeting.

(g) Each member shall tick off on the ballot paper the names of candidates as many as there are seats to be filled up in whose favour he desires to vote. If any member ticks off more than the required number of names, the required number of names ticked of counted from the top of the ballot paper shall be taken as valid and the rest will be counted for the purpose of election.

(h) The President shall then count the number of votes secured by each candidate and prepare a list of the candidates in the ascending order with reference to the total number of votes secured by each candidate.

(i) The President shall declare the candidate who topped the list referred to in clause (h) elected and strike off his name in the list. By repeating this process, he shall declare elected the required number of candidates to fill up the seats. If there is equality of votes between two or more candidates, the President shall after notice to the candidates concerned decide by drawing lots each time as to which of those candidates shall be eliminated. This process shall be repeated until one candidate alone is left, who shall then be declared to have been elected.

7. If the election is to be by show of hands the President shall call for nomination as in the case of election by ballot and election shall be conducted separately for each of the seats to be filled up. All the members present at the meeting shall exercise their votes by show of hands and the candidate securing the highest number of votes shall be declared elected to the seat for which election is conducted.

8. The President shall then proceed with the election in the second stage in the following manner :-

(a) If among these declared elected for the general seats there are candidates who represent the Unani system of medicine and the number of such candidates is equal to the number of seats reserved for that system of medicine, all such candidates shall be declared elected for such reserved seats and fresh election shall be held for the general seats vacated by such candidates in the manner laid down in the foregoing rules.

(b) If the number of such candidates is less than the number of such reserved seats they shall be declared elected for the seats equal to their number and the remaining seat or seats shall be filled up as provided in clause(d).

(c) If the number of such candidates is more than the number of such Reserved seats the President shall prepare a list of such candidates in the descending order with reference to the total number of votes secured by each such candidate and declare them elected for the reserved seats in the manner laid down in clause (i) of rule 6. Fresh election for the general seats vacated by such candidates shall be held as provided in the foregoing rules.

(d) If any seat reserved for the Unani system of medicine is not filled up in accordance with the provisions of clauses (a), (b) and (c), the President shall call for nominations for such seats from the members of the Board who represent the system of medicine and the election shall be conducted in the manner provided for elections to the general seats.

(e) The provisions of clauses (a) to (d) shall apply for filling up the seat reserved for the Prakriti system of medicine.

9. The Executive Committee shall be deemed to have been constituted with effect on and from the date when all the members thereof have been declared by the President to have been elected under these rules.

10. As soon as may be after the Executive Committee has been constituted, the Committee shall proceed to elect its president and vice-president in such manner as provided by the Board by regulations.

11. If any elected member of the Executive Committee fails to attend three consecutive meetings, he shall cease to be the member thereof and any vacancy arising out of such contingency shall be filled in the manner indicated in rule

12. (1) If there occurs any casual vacancy in the Executive Committee, the Executive Committee shall co-opt a member of the Board for filling up such vacancy :

Provided however, that if the vacancy is in respect of a reserved seat only a member of the Board representing the Unani or Prakriti systems, as the case may be, shall be co-opted.

(2) The name of the persons to be co-opted shall be proposed by a member of the Executive Committee and shall be seconded by another such member in a meeting held for that purpose. If more than one person are so nominated the procedure laid down in rule 7 shall be followed for determining as to who obtained the highest number of votes and the President shall declare such person to have been co-opted by the Executive Committee.

13. Every meeting of the Executive Committee shall be presided over by the president of the Executive Committee, in his absence, by the vice-president of the Executive Committee and in the absence of both the said president and the vice-president, by a member chosen by the members present at the meeting.

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ANDHRA PRADESH (ANDHRA AREA) AYURVEDIC AND HOMOEOPATHIC MEDICAL PRACTITIONERS REGISTRATION ACT, 1956

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