AYURVEDA Act

Arrangement of Sections

1. Short title.

PART I

The Department of Ayurved

2. A Department of Ayurveda to be established.

3. Appointment of the Commissioner for Ayurveda and other officers.

4. Delegation of the Commissioners powers and duties.

5. Minister's power to authorise any officer to exercise or perform any power or duty of a Deputy Commissioner or an Assistant Commissioner for Ayurveda.

6. Commissioner to be subject to directions of Minister.

7. Objects of the Department.

PART II

Powers of the Commissioner

8. Establishment and maintenance of ayurvedic hospitals by the Commissioner.

9. Financial assistance by the Commissioner.

10. Ayurvedic hospitals, pharmacies, dispensaries and stores to be registered.

PART III

The Ayurvedic Medical Council

11. Constitution of the Ayurvedic Medical Council.

12. Term of office of members of the Council.

13. Vacation of office by members of Council.

14. Filling up of vacancies.

15. The President and the Vice President of the Council.

16. Quorum.

17. Regulation of procedure of the Council.

18. The Council to be the authority responsible for the registration of ayurvedic practitioners, ayurvedic pharmacists and ayurvedic nurses and the regulation and control of their professional conduct.

19. Registrar and other officers and servants of the Council.

20. The Council to be a body corporate.

21. Funds of the Council.

21A. Accounts of the council and financial year.

21B. Audit of the accounts of the Council.

21C. The Auditor-General's report.

21D. Annual accounts with the auditor's report and a report of the annual activities of the Council to be transmitted to the Minister.

PART IV

The Ayurveda Education and Hospital Board

22. The Ayurveda Education and Hospital Board.

23. Term of office of the members of the Board.

24. Vacation of office by members of the Board.

25. Filling up of vacancies.

26. Chairman of the Board.

27. Quorum.

28. Regulation of proceedings of the Board.

29. Delegation of powers, functions or duties of the Board to committees.

30. Powers of the Board.

31. Registrar of the Board.

32. Expenditure of the Board.

PART V

The Ayurvedic Research Committee

33. Constitution of the Ayurvedic Research Committee.

34. Tenure of office of members of the Committee.

35. Vacation of office by members of the Committee.

36. Filling up of vacancies.

37. Chairman of Committee.

38. Quorum.

39. Regulation of proceedings of the Committee.

40. Expenditure of the Committee.

41. Duties of the Committee.

PART VI

Special Provisions Applicable to Bodies Established under This Act

42. Definition of the expression "Body” for the purposes of this Part.

43. A Body to be subject to general and special directions of the Minister.

44. Proceedings of any Body.

45. Remuneration for attendance at a meeting of a Body.

46. Protection for action taken under this Act or on the direction of a Body.

47. No writ to issue against person or property of a member of a Body.

48. A Body deemed to be a scheduled institution within the meaning of the Bribery Act.

49. Power of a body to make rules.

PART VII

Registration of Ayurvedic Practitioners, Pharmacists and Nurses

50. Definition of certain expressions for the purposes of this Part.

51. Registers.

52. Applications for registration as an ayurvedic practitioners.

53. Applications for registration as an pharmacists and ayurvedic nurses.

54. Applications for registration by persons whose registration has been previously cancelled.

55. Qualifications for registration as an ayurvedic practitioner.

56. Qualifications for registration as an ayurvedic pharmacist or ayurvedic nurse.

57. Grounds on which registration may be refused, cancelled or suspended.

58. Service of copies of orders made by the Council.

59. Effect of orders made by the Council and duty of Registrar to give effect to such orders.

60. Registration fee.

61. Certificate of registration.

62. Insertion of additional qualifications in the registers

63. Appeals.

64. Use of the title "Vaidya-carya”.

65. Meaning of "legally or duly qualified practitioner of ayurveda”.

66. Meaning of "legally or duly qualified ayurvedic pharmacist”.

67. Privileges of registered ayurvedic practitioners.

68. Disabilities of unregistered ayurvedic practitioners.

69. Pretence to be a registered ayurvedic practitioner, or practising for gain as an ayurvedic practitioner when not registered to be an offence.

70. Registered ayurvedic pharmacists and registered ayurvedic nurses entitled to practise.

71. Pretence to be a registered ayurvedic pharmacist or a registered ayurvedic nurse to be an offence.

72. Practising for gain as an ayurvedic pharmacist or ayurvedic nurse when not registered to be an offence.

73. Certain persons deemed to be registered as an ayurvedic practitioners under this Act.

PART VIII

General

74. Continuation in employment of members of the Department of Indigenous Medicine.

75. Amendment of other written laws consequent on the change of designation of the Commissioner of Indigenous Medicine, and savings for contracts.

76. Change of name of the College of Indigenous Medicine and the Hospital of Indigenous Medicine and consequential provisions.

77. Ayurvedic Code.

78. Contravention of regulations an offence.

79. Offences in relation to registered ayurvedic hospitals, pharmacies, dispensaries and stores.

80. Punishment for offences under this Act.

81. Duty of Registrar-General to notify the deaths of registered ayurvedic practitioners, registered ayurvedic pharmacists and registered ayurvedic nurses.

82. Regulations.

83. Medical Ordinance not to apply to the practice of medicine surgery, pharmacy or nursing according to ayurveda.

84. Omitted.

85. Amendment of Food and Drugs Act.

86. Modification of Poisons Opium, and Dangerous Drugs Ordinance.

87. Omitted.

88. Transfer of property of Board of Indigenous Medicine to the State.

89. Interpretation.

SCHEDULES.

7 of 1977,

31 of 1961,

5 of 1962,

9 of 1969,

38 of 1971,

6 of 1978,

16 of 1978.

AN ACT to provide for the establishment of a Department of Ayurveda; for the registration of ayurvedic hospitals, ayurvedic pharmacies, ayurvedic dispensaries and ayurvedic stores; for the establishment of an Ayurvedic Medical Council to register ayurvedic practitioners, ayurvedic pharmacists and ayurvedic nurses, and deal with matters relating to their professional conduct; for the establishment of an Ayurveda Education and Hospital Board to discharge certain functions in relation to the award of diplomas and certificates, and certain functions in relation to the education and training in ayurveda and in relation to the central hospital of ayurveda and the pharmacy, herbarium and dispensary attached thereto; for the establishment of an Ayurvedic Research Committee to discharge certain functions in relation to research in ayurveda; to repeal the Indigenous Medicine Ordinance and the Ayurvedic Medical Council Ordinance; to make consequential amendments in the Poisons, Opium and Dangerous Drugs Ordinance, and the Food and Drugs Act; and to make provision for matters connected with or incidental to the aforesaid matters.

[Subs by s 2 of Law 7 of 1977.]

[Date of Commencement: 1st October, 1962]

1. Short title.

This Act may be cited as the Ayurveda Act.

PART I

The Department of Ayurveda

2. A Department of Ayurveda to be established.

There shall be a Department of Ayurveda (hereinafter referred to as "the Department”) to carry out the objects specified in section 7.

3. Appointment of the Commissioner for Ayurveda and other officers.

(1) There shall be appointed a person to be or to act as the Commissioner for Ayurveda (hereinafter referred to as "the Commissioner”) who shall be the Head of the Department.

(2) There may be appointed such number of Deputy Commissioners for Ayurveda, Assistant Commissioners for Ayurveda and other officers as may be necessary for the purpose of carrying out the objects specified in section 7.

4. Delegation of the Commissioner's powers and duties.

The Commissioner may delegate any of his powers or duties to any Deputy Commissioner for Ayurveda or Assistant Commissioner for Ayurveda.

5. Minister's power to authorise any officer to exercise or perform any power or duty of a Deputy Commissioner or an Assistant Commissioner for Ayurveda.

The Minister may, by Order published in the Gazette, authorise any officer of the Department to exercise or perform any power or duty of a Deputy Commissioner for Ayurveda or an Assistant Commissioner for Ayurveda.

6. Commissioner to be subject to directions of Minister.

In the exercise and performance of his powers and duties under this Act, the Commissioner shall be subject to such general or special directions as may be issued, from time to time, by the Minister.

7. Objects of the Department.

Subject to the availability of moneys granted from the Consolidated Fund, the Department shall be responsible for carrying out the following objects:

(a) the provision of establishments and services necessary for the treatment of disease, and generally for the preservation and promotion of the health of the people according to ayurveda;

(b) the encouragement of the study of, and research in, ayurveda by the grant of scholarships and other facilities to persons employed or proposed to be employed in the Department and by the grant of financial aid and other assistance to institutions providing courses of study or engaged in research in ayurveda; and

(c) the taking, development or encouragement of measures for the investigation of disease, and for the improvement of public health, according to ayurveda.

PART II

Powers of the Commissioner

8. Establishment and maintenance of ayurvedic hospitals by the Commissioner.

In carrying out the objects specified in section 7, the Commissioner may establish and maintain, or cause to be established or maintained, ayurvedic hospitals, ayurvedic pharmacies and herbariums, ayurvedic dispensaries and ayurvedic stores.

9. Financial assistance by the Commissioner.

In carrying out the objects specified in section 7, the Commissioner may, with the prior approval of the Minister, grant any sum out of moneys voted for the purpose by Parliament—

(a) to the Ayurvedic Medical Council;

(b) to any institution established and maintained for the training of practitioners of ayurveda;

(c) to any institution referred to in section 8;

(d) to any other institution established and maintained for the promotion of ayurveda; and

(e) to any deserving person for the prosecution of his studies in ayurveda.

10. Ayurvedic hospitals, pharmacies, dispensaries and stores to be registered.

(1) On and after such date as may be appointed in that behalf by the Minister by Order published in the Gazette, no premises shall be used for the purpose of an ayurvedic hospital, ayurvedic pharmacy, ayurvedic dispensary or ayurvedic store, unless such premises are for the time being registered by the Commissioner as an ayurvedic hospital, ayurvedic pharmacy, ayurvedic dispensary or ayurvedic store, as the case may be, and the person carrying on such hospital, pharmacy, dispensary or store, in such premises is for the time being registered by the Commissioner as the proprietor thereof.

(2) The date appointed by Order published under subsection (1) shall be a date not earlier than three months after the date of the publication of that Order.

(3) Where any premises are used for the purpose of an ayurvedic hospital, ayurvedic pharmacy, ayurvedic dispensary or ayurvedic store, in contravention of the provisions of subsection (1), the person for the time being in charge of such hospital, pharmacy, dispensary or store, shall be guilty of an offence.

(4) Regulations may be made under this Act for or in respect of all or any of the following matters—

(a) the making of applications for the registration of any premises as an ayurvedic hospital, ayurvedic pharmacy, ayurvedic dispensary or ayurvedic store;

(b) the form of such applications and the particulars to be contained therein;

(c) the fee to be charged for such registration;

(d) the period for which such registration shall be effective and the grant of certificates of renewal of such registration upon payment of the prescribed fee;

(e) the circumstances in which such registration may be refused or cancelled;

(f) the circumstances in which the renewal of such registration may be refused;

(g) appeals to the Minister against the refusal of applications for such registration or the renewal of such registration or against the cancellation of such registration and the finality of the decisions made by the Minister on such appeals;

(h) the conditions which shall be complied with in relation to registered ayurvedic hospitals, pharmacies, dispensaries and stores;

(i) the records and books which shall be kept and maintained in registered ayurvedic hospitals, pharmacies, dispensaries and stores;

(j) the returns to be furnished from time to time in respect of registered ayurvedic hospitals, pharmacies, dispensaries and stores, and the particulars to be contained therein, including particulars as to the number and description of cases admitted or treated and as to the staff employed therein;

(k) the rates of fees and charges which may be charged or made at registered ayurvedic hospitals, pharmacies, dispensaries and stores;

(l) the powers of entry into, and inspection of, registered ayurvedic hospitals, pharmacies, dispensaries and stores;

(m) the registers to be kept and maintained by the Commissioner for the purpose of the registration of ayurvedic hospitals, pharmacies, dispensaries and stores; and

(n) the proper maintenance and administration of registered ayurvedic hospitals, pharmacies, dispensaries and stores, and the health, safety and proper care and treatment of persons treated in such hospitals and dispensaries.

PART III

The Ayurvedic Medical Council

11. Constitution of the Ayurvedic Medical Council.

(1) There shall be a Council which shall be called the Ayurvedic Medical Council, in this Part referred to as "the Council”, and which shall, subject to the provisions of subsection (2), consist of the following members—

(a) the Commissioner;

(b) the Head of the Institute of Ayurveda of the University of Ceylon;

[S 11(1)(b) subs by s 3 of Law 7 of 1977.]

(c) two members elected by the teachers of the Institute of Ayurveda of the University of Colombo, Sri Lanka, from themselves;

[S 11(1)(c) subs by s 3 of Law 7 of 1977.]

(d) one member elected by the teachers of each approved ayurvedic teaching institution from themselves;

(e) three members elected by the registered ayurvedic practitioners from themselves; and

(f) not more than ten members appointed by the Minister of whom—

(i) not more than three shall be so appointed from
persons who are not registered ayurvedic practitioners,

(ii) at least three shall be so appointed from a panel of ten nominated by the All Ceylon Ayurvedic Practitioners' Congress, and

(iii) at least two shall be so appointed from registered ayurvedic practitioners who are not members of the All Ceylon Ayurvedic Practitioners' Congress.

(2) The Minister may, without assigning any reason, remove from office, by Order published in the Gazette, any member of the Council who is appointed by him.

(3) Any member of the Council removed from office by the Minister shall not be eligible for appointment or election as such member for a period of three years from the date of his removal.

(4) The Council may, from time to time, delegate any power, duty or function of the Council to a committee or committees consisting of members of the Council. Any such delegation may be made subject to such conditions or restrictions as the Council may deem necessary.

12. Term of office of members of the Council.

Each member of the Council other than the Commissioner and the Head of the Institute of Ayurveda of the University of Colombo, Sri Lanka, shall, unless he vacates office earlier, hold office for a term of three years and shall be eligible for re-election or reappointment: Provided that a person elected or appointed as a member of the Council in succession to any person who has ceased to be a member of the Council before the expiry of the term of office shall, unless he vacates office earlier, hold office for the unexpired part of the term of office of the member whom he succeeds.

[S 12 subs by s 4 of Law 7 of 1977.]

13. Vacation of office by members of Council.

(1) A member of the Council, other than the Commissioner and the Head of the Institute of Ayurveda of the University of Colombo, Sri Lanka, shall be deemed to have vacated office—

(a) where he is not a public officer, on sending his resignation in writing to the President of the Council;

(b) where he is not a public officer, on the absence without excuse sufficient in the opinion of the Council from three consecutive meetings of the Council;

(c) where he is a member elected under paragraph (c) or paragraph (d) of subsection (1) of section 11, on his ceasing to hold the post or office by virtue of which he was qualified for election as a member of the Council;

(d) where he is an appointed member, on his removal from office by the Minister;

(e) on his ceasing to be a registered ayurvedic practitioner, or on the taking effect of an order made by the Council under this Act suspending his registration as an ayurvedic practitioner;

(f) on his being convicted of any offence under the Penal Code; or

(g) on the expiry of his term of office.

[S 13(1) subs by s 5(a) of Law 7 of 1977.]

(2) The Commissioner shall be deemed to have vacated office as a member of the Council on his ceasing to hold office as Commissioner.

(3) The Head of the Institute of Ayurveda of the University Colombo, Sri Lanka, shall be deemed to have vacated office as a member of the Council on his ceasing to hold office as the Head of the Institute of Ayurveda of the University of Colombo, Sri Lanka.

[S 13(3) subs by s 5(b) of Law 7 of 1977.]

14. Filling up of vacancies.

Any vacancy in the Council shall be filled by the election or appointment of a member, as the case may be, in accordance with the provisions of this Part.

15. The President and the Vice-President of the Council.

(1) The Commissioner shall be the President of the Council.

(2) The members of the Council shall elect from themselves a Vice-President of the Council.

(3) The President, and in his absence the Vice-President, of the Council shall preside at any meeting of the Council. Where neither the President nor the Vice-President of the Council is present at any meeting of the Council, the members of the Council attending that meeting shall elect from themselves a Chairman for that meeting.

16. Quorum.

The quorum for a meeting of the Council shall be six.

17. Regulation of procedure of the Council.

Subject to the provisions of section 15, section 16 and section 44, the Council may regulate its own procedure.

18. The Council to be the authority responsible for the registration of ayurvedic practitioners, ayurvedic pharmacists and ayurvedic nurses and the regulation and control of their professional conduct.

The Council shall, in accordance with the provisions of this Act, be the authority responsible for—

(a) recommending to the Minister whether any ayurvedic teaching institution should be approved by him for the purposes of this Act;

(b) the registration of persons as ayurvedic practitioners;

(c) the registration of persons as ayurvedic pharmacists;

(d) the registration of persons as ayurvedic nurses;

(e) the cancellation, or suspension, of such registration; and

(f) the making of rules for—

(i) the regulation and control of the professional conduct of ayurvedic practitioners, ayurvedic pharmacists, and ayurvedic nurses; and

(ii) any of the matters referred to in paragraphs (b) to (e) of this section.

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