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64
THE UNITED PROVINCES [INDIAN MEDICINE]1 ACT, 19392
[U. P. ACT No. X OF 1939]
Amended by
U. P. Act No. XII of 1955
U. P. Act No. VII of 1956
U. P. Act No. VIII of 1957
U. P. Act No. XLII of 1958
U. P. Act No. XXXV of 1975
U. P. Act No. 22 of 1991
U. P. Act No. 10 of 1994
U. P. Act No. 10 of 2015
Adopted and modified by the Adaptation of Laws Order, 1950
[Received the assent of the Governor on September 12,
1939, under section 75 of the Government of Indian Act, 1935 and
was published on September 23, 1939.]
————
AN
ACT
to provide for the Development of the 1[Ayurvedic and Unani Tibbi
Systems of medicine] and to regulate their practice in the United
Provinces.
Preamble WHEREAS it is expedient to provide for the development of the
1[Ayurvedic and Unani Tibbi systems of medicine] 3[and] to regulate the
practice thereof 4( * * * ),
It is hereby enacted as follows :
PART I
PRELIMINARY
Short title,
extent and
commencement
1. (i) This Act may be called the United Provinces Indian
Medicine Act, 1939.
——————————————————————————————————————————
1. Subs. by s. 3 (a) of U. P. Act no. VII of 1956.
2. For S. O. R., see Gazette. 1938 Pt. Viii, p. 1231.
3. The word [and] substituted by s. 2 (a) of U. P. Act VII of 1956.
4. Omitted by s. 2 (b) ibid.
[The United Provinces Indian Medicine Act, 1939]
66
(ii) It extend1 to the whole of 2[Uttar Pradesh] except the Jaunsar-
Bawar Pargana of the Dehra Dun District and the portion of the
Mirzapur District, south of the Kaimur Range.
(iii) Parts I and II of this Act shall come into force on such date as
the 3 [State Government] may, by notification in the official Gazette,
appoint. Part III shall come into force on such 4[date] after the expiry of
one year from the date on which Parts I and II come into force, as the
3[State Government] may notify under section 49.
————
PART II
Definitions 2. In this Act, unless there is anything repugnant in the subject
or context, —
——————————————————————————————————————————
1. This Act has been extended to the area mentioned in column 1 of this table under the Act or Order
mentioned in column 2 and enforced in such areas under notification, if any, mentioned in column 3 with
effect from the date mentioned in column 4 against each such area ;
——————————————————————————————————–––––––––––––––––––––––––––––––––––—
Act or Order Notification, if Date from
Areas under which any, under which
extended which enforced enforced
—————————————————————————————————–––––––––––––––––––––––––––––––––––——
1 2 3 4
—————————————————————————————————–––––––––––––––––––––––––––––––––––——
1. Rampur Rampur (Applica No. 108/XVII—
District -tion of Laws) 345-49, Jan. January 26, 1952.
Act, 1950. 19, 1952, in
Gaz., 1952, pt.
I, p. 70.
2. Portion of Banaras (Applica No. 106/XVII—
Banaras -tion of Laws) 204-50, dt. Jan. Ditto.
District Order, 1949. 19, 1952, in Gaz.,
covered by 1952, Pt. I, p. 70.
erstwhile
Banaras
State.
3. Tehri- Tehri-Garhwal No. 107/2 XVII—
Garhwal (Application of 344-49, dt. Jan. Ditto.
District Laws) Order, 19, 1952, in Gaz.,
1949 1952, Pt. I, p. 70.
2. Subs. by the A. O. 1950 for (the United Provinces.)
3. Part I and II of this Act came into force on October 1, 1946, see notification no. 24-14/V-94-46, dated
June 12, 1946 in Gaz., dated June 15, 1946, Pt-1, P. 219.
4. Sections 49, 53, 55 and 56 of Pt. III of the Act came into force with effect from March 1, 1952, in the whole
of Uttar Pradesh, excepting the territories of the erstwhile States of Banaras, Rampur, Tehri-Garhwal, and
the erstwhile partially excluded areas of Jaunsar Bawar in district Dehra Dun and the areas south of the
Kaimur Range in Mirzapur District, see notification 3297-B—1/V—1069-51, dated March 5, 1952, in
Gaz., dated March 8, 1952, Part. 1, p. 212.
[The United Provinces Indian Medicine Act, 1939]
68
(i) “Board” means the Board of 1 [Ayurvedic and Unani Tibbi
Systems of Medicine] 2[Uttar Pradesh] constituted under section 3.
(ii) “Indian system of medicine” means the Ayurvedic or the
Unani Tibbi system of medicine, whether supplemented or not by such
modern advances as the Board may from time to time have
determined.
(iii) “President” means the President of the Board.
3 [(iii-a) “State Government” means the Government of Uttar
Pradesh ;
(iii-b) “Faculty” means “Faculty of Ayurvedic and Unani Tibbi
systems of medicine” constituted under section 36-A. ]
(iv) “Member” means a member of the Board.
4 [(iv-a) ‘Para-medical course, means a course of study
approved by the Board for the training compounders, nurses and
midwives in the Ayurvedic or Unani-Tibbi Systems of medicine and
surgery. ]
4(v) “Practitioner” means a practitioner of an [Ayurvedic and
Unani Tibbi systems of medicine. ]
(vi) “Prescribed” means prescribed by rules framed by the
2[State Government] in accordance with the provisions of this Act.
(vii) “Register” means the register of Vaids and Hakims,
maintained under section 25.
(viii) “Registered practitioner” means a practitioner whose name
is for the time being entered in the register.
(ix) “Registrar” means the Registrar appointed under section 24.
(x) “Vaidya” means a practitioner of Ayurvedic system of
medicine5 [and Surgery].
(xi) “Hakim” means a practitioner of Unani Tibbi system of
medicine [and surgery]5.
(xii) 6[ * * * * ]
(xiii) 6[ * * * * ]
Establishment
of the Board
3. (1) The 7 [State Government] shall, by notification in
the official Gazette, establish in manner provided in sub-section (1) of
——————————————————————————————————————————
1. Add. by s. 4 (a) of U. P. Act VII of 1956.
2. Subs. by the A. O. 1950 for (Prov. Govt.)
3. Add. by s. 4 (a) of U. P. Act VII of 1956.
4. Add. by s. 2 of U. P. Act no. XXXV 1975.
5. The words (and surgery) add. by s. 4 (b) and (c) of U. P. Act VII of 1956.
6. Omit. by s. 4 (d) of U. P. Act VII of 1956.
7. Subs. by the A. O. 1950 for (United Provinces).
[The United Provinces Indian Medicine Act, 1939]
70
section 5, a Board to be called the Board of Indian Medicine, 1[Uttar
Pradesh] for the purpose of carrying out the provisions of this Act. Such
Board shall be a body corporate and have perpetual succession and a
common seal and may by the said name sue or be sued.
Savings for
acts done by
the existing
Board and its
dissolution
4. (1) On the date the first Board is constituted under the
provisions of this Act, the existing Board of Indian Medicine shall cease
to exist and all its assets and liabilities shall devolve upon the Board so
constituted.
(2) All acts begun or completed by the Board of Indian medicine
in existence on the date of constitution of the first Board shall, in so far
as they relate to the functions allotted to the Board constituted under
this Act, be deemed to have been begun or performed by the Board
constituted under this Act, and such acts may be carried on and
completed by or under the authority of the Board so constituted.
Constitution
of the Board
2 [5. (1) The Board shall consist of the following members
including the President) —
(i) a President to be nominated by the State Government ;
(ii) five members to be nominated by the State Government ;
3[(iii) one member each from a University established by law in
Uttar Pradesh and having a Faculty concerned with the Ayurvedic or
Unani Tibbi Systems of medicine to be elected in the prescribed manner
by such Faculty ;
(iv) two members representing Ayurvedic Educational
Institutions of Uttar Pradesh to be elected, in the prescribed manner by
the teachers of such Institutions as are affiliated to a University
established by law in Uttar Pradesh ;
(v) one member representing Unani Educational Institutions of
Uttar Pradesh to be elected in the prescribed manner by the teachers of
such institutions as are affiliated to a University established by law in
Uttar Pradesh ; ]
(vi) nine members (six Vaidyas and three Hakims) to be elected in
the prescribed manner by the registered Vaidyas and Hakims,
respectively of Uttar Pradesh;
Provided that the President and every member to be elected or
nominated as the case may be, under clauses (ii), (iv) and (v) shall be
from amongst the registered practitioners.
(2) The Board shall elect one of its members to be the Vice
President. ]
——————————————————————————————————————————
1 . Subs. by the A. O. 1950 for [United Provinces.]
2. Subs. by s. 5 of U. P. Act no. VII of 1956.
3. Subs. by s. 3 of U. P. Act 35 of 1975.
[The United Provinces Indian Medicine Act, 1939]
72
Nomination of
member in
default of
election
6. If any electoral body referred to in sub-section (1) of section 5
fails, by such date as may be prescribed to elect the requisite number
of member or members which it is entitled to elect, the 1 [State
Government] shall fill up the vacancy or vacancies by nomination of a
person or persons qualified to be elected by the particular electoral
body concerned.
Disqualifications
for membership
7. No person shall be qualified to be elected or nominated as a
member of the Board —
(a) who is an undischarged insolvent ;
(b) who has been adjudicated by a competent court to be insane
or of unsound mind ;
(c) who has been convicted of an offence declared by
Government to involve moral turpitude ;
(d) whose name has been removed from the register ; or
(e) who is an employee of the Board or has directly or indirectly
or by himself or a partner of any contract or any share of the Board,
unless in the latter case Government remove the disqualification.
Notification of
elections,
nominations
and vacancies
8. Every election or nomination of a member or President of the
Board and every vacancy in the office of member or President shall be
notified in the official Gazette.
General election 2[9. There shall be general election of members of the Board
before the expiry of their term or extended term, as the case may be,
under section 14, on such date or dates as the State Government may,
by notification in the official Gazette appoint in that behalf. ]
Disabilities for
continuing as
member
10. (1) If any member, during the period for which he has been
nominated or elected —
(a) absents himself without sufficient cause from three
consecutive ordinary meetings of the Board ; or
(b) becomes subject to any of the disqualifications mentioned in
section 7 ; or
(c) being a legal practitioner, appears in any suit or proceeding
civil or criminal against the Board, or
(d) obtains any employment under the Board or has without the
previous sanction of Government acquired directly or indirectly by
himself or by a partner any share or interest in any contract, with, by
or on behalf of the Board ;
the Board may remove him from membership :
Provided that before removing a member under this sub-
section, the Board shall call for his explanation and record its finding
thereon.
——————————————————————————————————————————
1. Subs. by the A.O. 1950 for (Provincial Government).
2. Subs. by s. 2 of U. P. Act 12 of 1955.
[The United Provinces Indian Medicine Act, 1939]
74
1[(2) Notwithstanding anything contained in sub-section (1) the
President or any member nominated under sub-section (1) of section 5
shall after such notice as may be prescribed, be removable by the State
Government alone. ]
Powers of the
Government
to appoint
controller
2[ 10-A. (1) Where the number of members of the Board for the
time being is, for any reason whatsoever, reduced to less than the
quorum provided in section 18, the State Government may, by
notification, supersede the Board and appoint a Controller for such
period not exceeding 3[four years] as may be specified in the notification
or up to the date of notification under sub-section (4) whichever is
earlier.
(2) Upon the appointment of the Controller under sub-
section (1),—
(a) all members of the Board including the President and the
Vice-President shall, cease to be such members, President or Vice
President ;
(b) the advisory Committee, if any, appointed under sub-section
(1) of section 17 shall stand dissolved ;
(c) all members (including the Chairman) of the Faculty, except
the Director of Ayurvedic and Unani Services, Uttar Pradesh shall cease to
hold office and the Controller, together with the aforesaid Director shall
constitute the Faculty ;
(d) all powers, functions and duties of the Board, the President
and the Vice-President shall be vested in and be exercised, performed
and discharged by the Controller and the Controller shall be deemed to
be the Board, the President or the Vice-President as the occasion may
require.
(3) As soon as may be after the appointment of the controller the
State Government shall take steps to nominate a President and other
members under clauses (1) and (2) of sub-section (1) of section 5 and to
hold elections of members under clauses (3), (4), (5) and (6) of that sub-
section.
(4) As soon as the elections or nominations, as the case may be,
of atleast such number of members as is required under section 18 for
the quorum (including the President) are notified under section 8, the
State Government may by notification declare that the Board is
reconstituted and thereupon the Controller shall cease to function. ]
Power of the
State
Government
to remove a
member and
President of
the Board
11. Any member removed by the Board under the provisions of
section 10, may within ninety days from the date of his removal, appeal
to the 4[State Government] and the order of the 4[State Government] on
any such appeal shall be final.
——————————————————————————————————————————
1. Subs. by s. 6 of U. P. Act VII of 1956.
2. Ins. by sec. 2 of U. P. Act No. 22 of 1991.
3. Subs. by sec. 2 of U.P. Act No. 10 of 1994.
4. Subs. by the A. O. 1950 for (Provl. Govt.).
[The United Provinces Indian Medicine Act, 1939]
76
Resignation
of a member
or President
12. 1[(1) Any elected member may at any time resign his office by
a letter addressed to the President. Such resignation after due
verification shall take effect from the date on which it is accepted by the
Board.
(2) A President or a member nominated under sub-section (1) of
section 5 wishing to resign may tender his resignation to the State
Government under intimation to the Board. Such resignation when
accepted shall be published in the official Gazette and shall take effect
from the date notified therein. ]
Filling of
casual
vacancies in
the office of
member or
President
13. (1) If a member or President of the Board dies or resigns or
from any cause whatsoever ceases to be a member or President as the
case may be, the vacancy so created shall be filled by a fresh election as
the case may be, within such period as may be prescribed.
(2) The term of a member or President elected or nominated to fill
up the vacancy mentioned in sub-section (1) shall be the remainder of
term of office of the member or President in whose place he has been so
elected or appointed :
Provided that in the case of an elected member, if the vacancy is
for a period of six months or less, the Board may direct that the vacancy
be left unfilled until the next general election.
Term of
office of a
member
14. Save as otherwise provided in this part, the term of office of
the President or a member of the Board shall be three years ;
2[ Provided that the State Government may, by notification in the
official Gazette extend, from time to time, the term of the President, and
all members of the Board so, however, that the total extension does not
in the aggregate exceed two years. ]
3[ * * * * ]
4[ * * * * ]
Eligibility for
re-election of
outgoing
members
15. A member shall, on the expiry of his term of Office, be eligible
for re-nomination or re-election ;
5[ * * * * ]
Validity of
proceedings
16. No disqualification of, or defect in the election or nomination
of any person acting as a member of the Board or as the President or
presiding authority of a meeting shall be deemed to vitiate any act or
proceedings of the Board in which such person has taken part, if the
majority of persons who took part in such act or proceedings were duly
qualified members of the Board.
——————————————————————————————————————————
1. Subs. by S. 7 of U. P. Act VII of 1956.
2. Add. by S. 3 (a) of U. P. Act XII of 1955.
3. Omit. by S. 8 of U. P. Act VII of 1956.
4. Omit. By item 3 (ii) of the second Schedule to U. P. Act XLII of 1958.
5. Dele. By S. 9 of U. P. Act VII of 1956.
[The United Provinces Indian Medicine Act, 1939]
78
Establishment
of Advisory
Committees
17. (1) The Board may, subject to the rules made by 1[State
Government] for this purpose, by a resolution in that behalf, appoint an
advisory committee which may consist of as many of its own members
or outsiders co-opted for that purpose it deems fit and may appoint a
convener who shall preside over the meetings of such committee. In the
absence of the convener, the committee may elect any of its members
for this purpose.
(2) All questions at a meeting of the Board shall be decided by
the voice of the majority of the members present and voting at the
meeting. In case of equality of votes, the member presiding shall have in
addition to his vote as a member of the Board a second or casting vote.
(3) No business shall be transacted at any meeting of a
committee when either less than two members or less than one fourth
of the members constituting the committee, whichever is more, are
present.
Quorum for a
meeting of
the Board
2 [18. The quorum of the Board shall be eight members but
subject thereto the Board may act notwithstanding any vacancy in their
number :
Provided that at an adjournment meeting all business postponed
at the original meeting for want of quorum may be transacted if not less
than five members are present. ]
Procedure at
meetings of
Board
19. (1) The President or in his absence the Vice-President shall
preside at every meeting of the Board. In the absence of both, the
members present shall elect one among themselves for this purpose.
(2) All questions at a meeting of the Board shall be decided by
the voice of the majority of the members present and voting at the
meeting. In case of equality of votes the member presiding, shall have in
addition to his vote as a member of the Board a second or casting vote.
Time and
place of
meeting of
Board
20. The Board shall meet at such time and place and every
meeting of the Board shall be summoned in such manner as may be
provided by the regulations :
Provided that until regulations are made, it shall be lawful for
the President to summon a meeting of the Board at such time and place
as he may deem expedient by a letter addressed to each member on a
clear notice of fifteen days.
21. 3[ * * * * ]
Payment of
expenses
22. (1) There shall be paid to the members of the Board such
travelling and other expenses 4[***]as may be prescribed.
——————————————————————————————————————————
1. Subs. by S. 3 (b) of U.P. Act No. 7, 1956
2. Subs. by S. 10 of U. P. Act VII of 1956.
3. Omit. by S. 11 ibid.
4. Omit. by S. 12 ibid.
[The United Provinces Indian Medicine Act, 1939]
80
(2) No member shall receive any pay or special pay :
Provided that the President may receive pay, allowance or
emoluments, sanctioned by Government according to prescribed rules.
President’s
Power of
control
23. All officers and servants of the Board shall be under the
direct control and supervision of the President and shall abide by his
orders.
Registrar and
other officers
and servants
of the Board
24. (1) The Board shall, with the previous approval of
Government, appoint a Registrar who shall be the Secretary to the
Board. The Registrar shall receive such salary and allowances as may be
prescribed by rules. The President may from time to time grant him
leave and may temporarily appoint a person to act in his place. Any
person duly appointed to act as Registrar shall be deemed to be the
Registrar for all purposes of this Act.
(2) Any order of the Board, appointing, punishing or removing the
Registrar from his office, shall be subject to the approval of the 1[State
Government.]
(3) The Board may appoint such other officers and servants as
may be necessary for carrying out the purposes of this Act :
Provided that the number and designations of such officers and
servants, their salaries and allowances, shall be subject to the previous
approval of the 1[State Government :]
Provided also that the powers of the Board to punish, dismiss,
discharge and remove any officer or servant of the Board, shall be
subject to any rules framed by the 1[State Government] in this behalf.
(4) All questions of pay, allowances, promotions, leave, pension
and provident fund relating to the staff, shall be governed by rule
generally applicable to servant of the State Government of similar status.
Act XLV of
1860
(5) The registrar or any other officer or servant appointed under
this section, shall be deemed to be a public servant within the meaning
of section 21 of the Indian Penal Code.
Maintenance
of register
25. The 2 [Registrar] shall maintain a register or registers of
Vaidyas 2[and] Hakim, practicing in 3[Uttar Pradesh] in the prescribed
form.
Duties of
Registrar
26. (1) Subject to the provisions of this Act and subject to any
general and special orders of the Board, it shall be the duty of the
Registrar to keep the register and discharge such other functions as are
required to be discharged by him under this Act or by any rules framed
by the 1[State Government].
——————————————————————————————————————————
1. Subs. by the A. O. 1950 for (Provl. Govt.).
2. Subs. by S. 13 of U. P. Act VII of 1956.
3. Subs. by A. O. 1950 for [The United Provinces].
[The United Provinces Indian Medicine Act, 1939]
82
(2) The Registrar shall, so far as practicable, keep the register
correct and up-to-date and may, from time to time, enter therein any
material alteration in the addresses or qualifications of the practitioners.
He shall also remove from the register, the name of the registered
practitioners who die or who cease to be qualified as such.
(3) The 1[State Government] may direct that no alteration in the
entries in respect of additional qualifications shall be made, unless such
fee as may be prescribed is paid.
(4) For the purpose of this section, the Registrar may write to any
registered practitioner, at the address which is entered in the register to
inquire whether he has ceased to practice or has changed his residence,
and if no answer is received to the said letter within three months, the
Registrar may issue a registered reminder, and in case no reply is
received to the reminder within one month from the date of its issue, he
may remove the name of the said practitioner from the register ;
Provided that the Board may, if it thinks fit, direct that the name
of the said practitioner be re-entered in the register.
Persons
entitled to be
registered
2[ 27. (1) Every person possessing the qualifications mentioned
in the Schedule shall, subject to the provisions contained in or made
under this Act and upon payment of such fees, whether in a lump sum
or periodically, as may be prescribed, be entitled on an application made
to the Registrar, to have his name entered in the Register. When the
name of a person has been registered in accordance with the provisions
aforesaid he shall be granted a certificate in the prescribed form.
(2) Any person aggrieved by the order of the Registrar refusing to
enter his name in the register or to make any entry therein may, within
ninety days of such refusal, appeal to the Board.
(3) The appeal shall be heard and decided by the Board in the
prescribed manner.
(4) The Board may, on its own motion or on the application of
any person, cancel or alter any entry in the Register or order any entry
in the register if in the opinion of the Board such an entry was
fraudulently or incorrectly made or obtained, or an application was
wrongly refused. ]
Amendment
of Schedule
28. If the Board is satisfied —
[(a) that a title or degree granted or qualification certified by a
University, Medical Corporation, Examining Body or other institutions in
India is a sufficient guarantee that persons holding such a title or degree
or qualification possess the knowledge or skill requisite for the efficient
practice of 3[Ayurvedic or Unani Tibbi System of Medicine, or ]
——————————————————————————————————————————
1. Subs. by the A. O. 1950 for (Provl. Govt.).
2. Subs. by s. 14 of U. P. Act VII of 1956.
3. Subs. by s. 15 of U. P. Act VII of 1956
[The United Provinces Indian Medicine Act, 1939]
84
(b) that such a title, degree or qualification is not sufficient
guarantee as aforesaid, it may direct —
(i) in the case mentioned in clause (a), that the possession of
such title, degree or qualification shall, subject to the provisions
contained in this Act, and on payment of such fee as may be prescribed
in this behalf, entitle a person to have his name entered in the register of
Vaidyas, Hakims as the case may be, or
(ii) in the case mentioned in clause (b) that the possession of
such title, degree or qualification shall not entitle a person to have his
name entered in such register ; and the Schedule annexed hereto shall
thereupon be deemed to have been altered accordingly.
Power of
Board to call
for
information
from medical
institution
29. The Board shall have power to call upon the governing body
or authorities of a medical Corporation, examining body for other
institutions included in or desirous of being included in the Schedule —
(a) to furnish such reports, returns or other information as the
Board may require to enable it to judge the efficiency of the instruction
given therein in medicine, surgery or mid-wifery ; and
(b) to provide facilities to enable a member of the Board, deputed
by the Board in this behalf to be present at the examinations held by
such Medical Corporation, examining body or other institutions.
Information
required of
applicants
for
registration
30. Every person who applies to have his name entered in the
register of Vaidyas or Hakims, must satisfy the Registrar that he is
possessed of some degree, title or qualification specified in the Schedule
; and he must inform the Registrar of the date on which he obtained the
degree, title or qualification which entitles him to claim registration
under this Act, and shall furnish any other information required by the
Registrar in order to enable him to discharge his duties under this Act.
Powers of
Board to
prohibit
entry in or to
direct
removal from
the register
etc.
31. (1) The Board may prohibit the entry, in or order the removal
from, the register of the name of any Vaidya or Hakim—
(a) who has been sentenced by a Criminal Court 1[ * * * * ] to
imprisonment for an offence declared by 2[State Government] to involve
such moral turpitude as would render the entry or continuance of his
name in the register undesirable, or
(b) whom the Board or a Committee specially authorized for the
purpose after inquiry at which opportunity has been given to him to be
heard in his defence and to appear either in person or by counsel, vakil,
pleader or attorney, and which may in the direction of the Board, be
held in camera has found guilty of professional misconduct or other
——————————————————————————————————————————
1. The words [in British India] omit. by the A. O. 1950.
2. Subs. by s. 3 (b) of U. P. Act no. VII of 1956
[The United Provinces Indian Medicine Act, 1939]
86
infamous conduct by a majority of at least two thirds of the members
present and voting at the meeting.
(2) The Board may direct that the name of any person against
whom an order has been made under sub-section (1) shall be entered or
re-entered, as the case may be, after having satisfied itself that due to
lapse of time or otherwise the disability mentioned in sub-section (1)
above has ceased to have any force.
Notice of
deaths and
erasure of
names from
register
32. (1) Every Registrar of deaths who receives notice of death of
person whose name he knows to be entered in the register of Vaidyas
and Hakims, shall forthwith transmit by post or otherwise, to the
Registrar of the Board, a certificate of such death, signed by him and
stating particulars of the time and place of death.
(2) On receipt of such certificate, or other reliable information
regarding such death, the Registrar shall remove the name of the
deceased person from the register.
Penalty on
unregistered
person
representing
that he is
registered
33. If a person whose name is not entered in the register of
Vaidyas and Hakims falsely pretends that it is so entered or uses in
connexion with his name or title, any words or letters representing that
his name is so entered, he shall whether any person is actually deceived
by such representation or not, be punishable on conviction by a
magistrate of the first class, with imprisonment 1[which may extend to
six months or with fine which may extend to two hundred rupees or with
both. ]
Procedure
inquiries and
appeals
34. For the purpose of any inquiry held under clause (b) of sub-
section (1) of section 31, the Board or the committee, as the case may
be, shall exercise the powers of a commissioner appointed under the
Public Servants (Inquiries) Act, 1950 and the provisions of sections 5, 8
to 10, 14 to 16, 19 and 20 of the said Act shall, so far as may be, apply
to every such inquiry and appeal.
Publication
of names
entered in
the register
of Vaidyas
and Hakims
35. (1) The Registrar shall, in every year from time to time as
occasion may require, on or before a date to be fixed in this behalf by the
Board, cause to be published in the official Gazette and in such other
manner as the Board may prescribe, a full or supplementary list of the
names for the time being entered in the register and setting forth —
(a) all names entered in the register arranged in alphabetical
order ;
(b) the registered address and appointment held by, or actual
employment of, each person whose name is entered in the register ; and
(c) the registered titles and qualifications of each such person.
——————————————————————————————————————————
1. Subs. by s. 17 of U. P. Act VII of 1956.
[The United Provinces Indian Medicine Act, 1939]
88
Provided that the Register shall from time to time get published
in the official Gazette, the names of such practitioners whose names
have been duly removed under any of the provisions of this Act.
(2) In any proceeding it shall be presumed that every person
entered in such list is a registered practitioner and that any person not
so entered is not a registered practitioner ;
1 [ * * * * ]
Powers and
duties of the
Board
2[ 36. The Board shall have the following powers and duties,
namely —
(1) to advise the State Government in matters relating to
Ayurvedic and Unani Tibbi systems of medicine research and post-
graduate education ; ]
3[ (2) to accord, suspend or withdraw, on the recommendations of
the Faculty, recognition to training centers imparting instruction in
para-medical courses ; ]
(3) to publish the results of the examinations conducted by the
Faculty ;
4[ (4) “to grant diplomas or certificates to candidates who are
successful at the Board’s examination ; ]
(5) to levy fees laid down in regulations for admission to Board’s
examinations ;
(6) to allot adequate funds to the Faculty for carrying out its
duties ] ;
5[ (7) to perform such other functions for the development of
Ayurvedic and Unani Systems of medicine and surgery as may be
consistent with the provisions of the Act ; ]
(8) to exercise such other powers as may be specified by or under
this Act ; and
(9) 6[ * * * * ]
Faculty of
Ayurvedic
and Unani
Tibbi
systems of
medicine
36-A. (1) For the proper discharge of its duties and functions as
a teaching and examining body in the Ayurvedic and Unani Tibbi
systems of medicine the Board shall appoint a Faculty of Ayurvedic and
Unani Tibbi systems of medicine which shall consist of the following —
(i) the President of the Board who shall be ex-officio Chairman of
the Faculty ;
——————————————————————————————————————————
1. Proviso omit. by s. 18 of U.P. Act VII of 1956.
2. Subs. by s. 19 of U. P. Act VII of 1956
3. Subs. by s. 4 (a) of U. P. Act 35 of 1975.
4. Subs. by s. 4 (b) of U. P. Act 35 of 1975.
5. Subs. by s. 4 (c) ibid.
6. Omit. by s. 5 (d) ibid.
[The United Provinces Indian Medicine Act, 1939]
90
(ii) members of the Board elected under clauses (iii), (iv) and (v) of
sub-section (I) of section 5, who shall be ex-officio members of the
Faculty ;
(iii) one member to be elected by the members of the Board from
amongst themselves ; and
1 [(iv) the Director of Ayurvedic and Unani Services, Uttar
Pradesh. ]
(2) The Faculty may, with the previous approval of or at the
requisition of the State Government, co-opt not more than two members
for a specified duration and a specific purpose.
(3) The Faculty shall elect a Vice-President from amongst its
members.
2[(4) A member referred to in clause (iii) of sub-section (1) shall
cease to be a member of the Faculty upon his ceasing to be a member of
the Board. ]
Powers and
duties of the
Faculty
36-B. 3 [(I)] The Faculty shall have the following powers and
duties ;
4[(a) to prescribe courses of study in Ayurvedic and Unani Tibbi
systems of medicine for imparting instructions in training centers
recognized by the Board ;
(b) to hold examinations of persons who shall have pursued a
course of study in a training center recognized by the Board ;
(c) to exercise general supervision over the residential and
disciplinary arrangements made by the training centres recognized by
the Board and to make arrangement for promoting the health and
general welfare of their students ; ]
(d) to appoint examiners ;
5[(e) to cause inspection of training centers recognized by the
Board ; and
(f) to make recommendations to the Board for the accord of
recognition to or the suspension or withdrawal of recognition of training
centers. ]
(g) 6[ * * * * ]
——————————————————————————————————————————
1. Subs. by S. 5 (a) of U.P. Act No. 35, 1975.
2. Subs. by S. 5 (b) ibid.
3. Section 36 B renumbered as sub-section (1) thereof by S. 6 of U. P. Act 35 of 1975.
4. Subs. by S. 6 (a) (i) ibid.
5. Subs. by S. 6 (a) (ii) of U. P. Act No. 35 of 1975.
6. Omit. by S. 6 (iii) (a) ibid.
[The United Provinces Indian Medicine Act, 1939]
92
1[(2) the Registrar shall function as the Secretary of the Faculty.]
Disagreement
between the
Faculty and
the Board.
2[ 36-C. In the event of disagreement between the Faculty and
the Board on any matter referred to in section 36-B a reference shall be
made by the Board to the State Government and the decision of the
State Government shall be final. ]
Making of
regulations
37. Subject to the provisions of this Act and to the rules framed
by the 3[State Government] thereunder, the Board may 4[after previous
publication] frame regulations for regulating the following matters,
namely —
5[ (1) (a) conditions on which institution may be recognized for
the purposes of registration under section 28 ;
(b) the admission of trainees to the training center recognized by
the Board ;
(c) the conditions under which trainees shall be admitted to the
diploma and certificate courses and to the examinations of the Board,
and shall be eligible for the grant of such diploma and certificate ;
(d) the conditions of residence of the trainees in the training
centers recognized by the Board and the levying of fees for such
residence ;
(e) the number, qualifications and emoluments of teachers of the
training centers recognized by the Board ;
(f) the fees to be charged for courses of study in such training
centers and for admission to the examinations, diplomas and certificates
of the Board ;
(g) the conditions and mode of appointment and duties of
examiners and the conduct of examinations ;
Provided that in framing regulations, the Board shall take into
consideration the financial and other existing conditions of the training
centers generally :
Provided further that no regulation shall be framed under any of
the sub-clauses (a) to (g) except upon the recommendations to be made
in such manner as may be prescribed by the Faculty. ]
(2) (a) the time and place at which the meetings shall be held ;
(b) the issue of notices convening such meetings ;
(c) the conduct of business threat;
——————————————————————————————————————————
1. Ins. by S. 6 (b) of U.P. Act No. 35 of 1975.
2. Subs. by S. 7 ibid.
3. Subs. by A. O. 1950 for (Provincial Govt.)
4. Ins. by S. 21 (1) of U. P. Act VII of 1956.
5. Subs. by s. 8 of U. P. Act 35 of 1975.
[The United Provinces Indian Medicine Act, 1939]
94
(d) the salary, allowances and other conditions of services of
officers and servants of the Board other than the Registrar ;
(e) all other matters which may be necessary for the purposes of
carrying out the objects of this Act ;
(3) all such regulations shall be published in the official Gazette
1[and shall not take effect until they have been confirmed by the State
Government ; ]
(4) the 2 [State Government] may by notification in the official
Gazette 3[cancel or modify] any regulation.
Disposal of
fees
38. All fees received by the Board on account of registration of
Vaidyas and Hakims and admission to the Board’s examinations 4[***]
under this Act shall be credited to the Board and shall be applied for the
purposes of this Act in accordance with the rules.
Qualified
practitioner’s
certificates
39. Notwithstanding anything contained in any law for the time
being in force —
(1) The expression “legally qualified medical practitioner” or “duly
qualified medical practitioner” or any word importing that person is
recognized by law as medical practitioner or member of medical
profession shall, in all Acts in force in 5 [Uttar Pradesh] and in all
6[Central Acts] in their application to 5[Uttar Pradesh] in so far as such
Acts relate to any of the matters specified in List II ro List III in the
Seventh Schedule to 7 [the Constitution] be deemed to include a
registered practitioner.
(2) A certificate required under any law or rule having the force of
law from any medical practitioner or medical officer shall be, valid, if
such certificate has been granted by a registered practitioner.
(3) A registered practitioner shall be eligible to hold any
appointment as a physician or other medical officer in any Ayurvedic or
Unani dispensary, hospital, infirmary or lying-in-hospitals supported by
or receiving a grant from the 8 [State Government] or in any public
establishment, body or institution dealing with such systems of
medicine.
(4) A registered practitioner shall be entitled to —
(a) sign or authenticate a birth or death certificate required by
any law or rule to be signed or authenticated by a duly qualified medical
practitioner ;
——————————————————————————————————————————
1. Add. by s. 21 (3) of U. P. Act VII of 1956.
2. Subs. by A. O. 1950 for (Provincial Govt.)
3. Subs. by S. 21 (4) of U.P. Act No. VII of 1956.
4. Omit. by S. 22 of U. P. Act VII of 1956.
5. Subs. by A. O. 1950 for (United Provinces.)
6. Subs. by A. O. 1950 for (Acts of the Central Legislature.)
7. Subs. by ibid for the [Government of India Act, 1935.]
8. Subs. by A. O. 1950 [Provincial Legislature.]
[The United Provinces Indian Medicine Act, 1939]
96
(b) sign or authenticate a medical or physical fitness certificate
required by any law or rule to be signed or authenticated by a duly
qualified medical practitioner ;
(c) 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.
1[(d) The registered practitioners of Ayurvedic or Unani System of
Medicine holding the qualifications mentioned in the Second Schedule to
the Indian Medicine Central Council Act, 1970 (Act no. 48 of 1970) shall
be eligible to practice the modern system of medicine known as
allopathic medicine to the extent of training they have received in the
system and notified by the State Government along with the Ayurvedic
or Unani Medicine in which they are registered in the State Register. ]
Reservation
of certain
appointments
to Vaidyas
and Hakims
who have
qualified
themselves
from
educational
institutions
affiliated to
the Board
[40. Except with the special sanction of the State Government,
no person other than Vaidya or Hakim who has qualified himself or
herself from an institution affiliated to the Board or who holds a degree
in Ayurvedic Unani Tibbi systems of medicine from a University
established by law in Uttar Pradesh and is a domiciled resident of this
State shall be competent to hold an appointment as medical officer of
health or as physician or other medical officer in an Ayurvedic or Unani
hospital, infirmary, dispensary or lying-in-hospital maintained by or
under the control of the State Government or local authority ;
2[Provided that Vaidyas and Hakims in the employ of the State
Government or a local authority specified above on the date on which
this Act comes into force shall continue to hold the said appointments.]
Exemption
from serving
on inquest
Act V of 1898
41. (1) Notwithstanding anything in any other law for the time
being in force every registered practitioner shall be exempts, if he so
desires, from serving on any inquest or as a Juror or assessor under the
Code of Criminal Procedure, 1898.
U. P. Act III
of 1917
U. P. Act IV
of 1910
(2) The registered practitioners shall have the same privileges as
the medical practitioners registered under the United Provinces Medical
Act, 1917 have under the United Provinces Excise Act, 1910 or any
other Act for the time being in force.
Rules 42. (1) The 3[State Government] may, after previous publication,
from time to time make rules consistent with this Act, to carry out the
purposes of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, the 3[State Government] may make rules for any of the
following matters ;
——————————————————————————————————————————
1. Ins. by sec. 2 of U. P. Act no. 10 of 2015.
2. Subs. by s. 9 of U. P. Act XXXV of 1975.
3. Subs. by A. O. 1950 for (Provincial Govt.)
[The United Provinces Indian Medicine Act, 1939]
98
(a) the time at which and the place and manner in which election
shall be held under section 5 ;
(b) regulation of elections under this Act ;
(c) the conduct of and the maintenance of correct minutes of
meetings of the Board ;
(d) the manner, in which vacancies shall be filled under
section 13 ;
(e) the salary and allowances and other conditions of service of
the Registrar ;
(f) the form of the register of Vaidyas and Hakims, to be
maintained under this Act and the classifications of practitioners in two
or more classes according to their qualifications ;
(g) fees chargeable under this Act and their applications ;
(h) the manner in which appeals against the decision of the
Registrar shall be heard by the Board under section 27 ;
(i) expenses payable to members of the Board and its President ;
and
(j) remuneration to be paid to the President ;
(k) the furtherance of any objects of the and its President ; and
(l) the furtherance of any other objects of the Board.
(3) All such rules shall be published in the official Gazette.
Appeals to
State
Government
from decision
of Board
43. (1) An appeal shall lie to the 1[State 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 such decision.
Bar to suit
and other
legal
proceedings
44. (1) No suit or other legal proceeding shall lie against the
1[State Government], in respect of an act done in the exercise of the
powers conferred by this Act.
(2) No suit or other legal proceeding shall be maintainable
against the Board or any member or any officer or servant of the Board
or any person acting under the direction of the Board or of the President
or of any officer or servant of the Board in respect of anything done
under this Act, lawfully and in good faith and with reasonable care and
attention.
Mode of
proof of
Board’s
records
45. A copy of any proceeding, receipt, application, plaint, notice,
order, entry in a register, or other document in the possession of the
Board shall, if duly certified by the Registrar or other person
——————————————————————————————————————————
1. Subs. by A. O. 1950 for (Provincial Govt.)
[The United Provinces Indian Medicine Act, 1939]
100
authorized by the Board in this behalf, be received as prima facie
evidence of the existence of the entry or document and shall be admitted
as evidence of the entry or document and of the matters therein
recorded in every case where, and to the same extent as, the original
entry or document would, if produced, have been admissible to prove
such matters.
Restriction
on the
summoning
of Board’s
servants to
produce
documents
46. No member or officer or servant of the Board shall, in any
legal proceeding to which the Board is not a party, be required to
produce any register or document or to appear as a witness to prove the
matters recorded therein, unless by order of the Court made for special
reasons.
Control of
Board by
State
Government
47. If at any time it shall appear to the 1[State Government] that
the Board has failed to exercise or has exceeded or abused a power
conferred upon it under this Act or has failed to perform a duty imposed
upon it by this Act, the 1[State Government] may, if it considers such
failure, excess, or abuse to be of a serious character, notify the
particulars thereof to the Board ; and if the Board fails to remedy such
default, excess or abuse within such time as may be fixed by the 1[State
Government] in this behalf, the 1[State Government] may dissolve the
Board and cause all or any of the power and duties of the Board to be
exercised and performed by such agency and for such period as it may
think fit :
Provided that it shall take steps within six months to constitute a
new Board under the provisions of this Act.
Court
competent to
try offences
under this
Act and
cognizance of
offences
48. (1) No court other than the court of a Magistrate of the first
class shall take cognizance of, or try an offence under this Act.
(2) No court shall take cognizance of any offence under this Act
except on a complaint in writing of an officer empowered by rules made
in this behalf.
————
PART III
Power of the
State
Government
to enforce
the
provisions of
Part III
49. The 1[State Government] may at any time after the expiry of
one year from the date on which Parts I and II come into force, by
notification published in the official Gazette, apply the provisions of this
Part or any portion thereof to the whole or any part of the 2[State] from
such date as is notified therein :
Provided that the 1[State Government] shall give wide publicity to
the notification in such other manner also as it deems proper.
List of
practitioners
50. (1) After the publication of the notification mentioned in
section 49 the Registrar shall prepare and keep a list called a “list of
persons in practice belonging to the indigenous system” on such date as
is mentioned in said notification.
——————————————————————————————————————————
1. Subs. by A. O. 1950 for (Provincial Govt.)
2. Subs. by ibid for (Province)
[The United Provinces Indian Medicine Act, 1939]
102
(2) Every person, not being a person qualified for registration
under this Act, who within a period of one year from the date from which
this Part comes into force proves to the satisfaction of the Registrar that
he has been in regular practice of the Indian system of medicine or
surgery or midwifery or any of their branches in this 1[State] on the date
mentioned in the notification under sub-section (1) shall be entitled to
have his name entered in the aforesaid list on payment of five rupees.
(3) The provisions of sub-sections (2) and (4) of section 26, sub-
sections (2), (3), (4) of section 27, and sub-section (1) of section 31, shall,
so far as may be, apply to this list.
Prohibition
of practice
51. No person other than a practitioner registered under Part II
of the Act or person whose name is entered in the list mentioned in
section 50 shall practice or hold himself out, whether directly or by
implication as practicing or as being prepared to practice the 2[Ayurvedic
and Unani Tibbi system of medicine] surgery or midwifery :
Provided that the 3[State Government] may, by notification in the
official Gazette, direct that the provisions of this section shall not apply
to any class of persons or in a specified area.
Penalty 52. Any person who acts in contravention of the provisions of
section 51 shall on conviction for each offence be punishable with fine,
which may extend to two hundred rupees.
53. 4[ * * * * ]
54. 5[ * * * * ]
Conferring,
granting of
issuing
diploma,
license etc.,
by
unauthorized
institution
55. (1) No person other than an association or institution
recognized or authorized by the Board under this Act shall confer, grant
or issue or hold itself out as entitled to confer, grant or issue any degree,
diploma, license, certificate or other document stating or implying that
the holder, grantee, or recipient is qualified 6[in or otherwise entitled to
practice] the 2[Ayurvedic and Unani Tibbi system of medicine].
(2) Whoever contravenes the provisions of this section shall on
conviction be punishable with fine 7[with imprisonment not exceeding
six months or with fine which may extend to five hundred rupees or with
both] and if the person so contravening is an association, every
member of such association who knowingly and willfully authorizes or
——————————————————————————————————————————
1. Subs. by A.O. 1950 for (Provincial Govt.).
2. Subs. by s. 3 (a) of U.P. Act No. VII of 1956.
3. Subs. by A. O. 1950 for (Provincial Govt.)
4. Section 53 omit. by s. 23 of U. P. Act VII of 1956.
5. Section 54 omit. by s. 24 ibid.
6. Subs. by s. 25 (1) of U.P. Act No. VII, 1956.
7. Subs. by s. 25 (2) ibid.
[The United Provinces Indian Medicine Act, 1939]
104
permits the contravention shall on conviction be punishable with fine,
1[with imprisonment not exceeding three months or with fine which may
extend to two hundred rupees or with both ].
False
assumption
of degree,
diploma or
certificates
to be an
offence
56. Whoever voluntarily and falsely assumes or uses any title or
description or any addition to his name implying that he holds a degree,
diploma, license or certificate conferred, granted or issued by any
association or institution recognized or authorized by the Board under
this Act or that he is qualified to practice the Indian system of medicine
under the provisions of this Act, shall on conviction be punishable with
fine which may extend to fifty rupees for the offence under the first
offence under this section and to fine which may extend to two hundred
rupees for every subsequent offence.
THE SCHEDULE
[See sections 27, 28, 29 and 30]
Persons who are entitled to have their names entered in the
register of Vaidyas, Hakims —
1. Vaidyas and Hakim who hold a degree or certificate or any
Government Ayurvedic or Unani College or school within 2 [Uttar
Pradesh] or outside it, or degree in Indian medicine or surgery or
midwifery of any University established by law in India.
2. 3[Vaidyas and Hakims who hold a degree or diploma granted
by the Board. ]
3. Vaidyas or Hakims who have passed an examination from any
Ayurved or Unani Institution in the 2[Uttar Pradesh] or outside it
recognized by the Board for purposes of registering.
4[ * * * * ]
———
——————————————————————————————————————————
1. Subs. by sec. 25 (2) of U.P. Act No. VII of 1956.
2. Subs. by A. O. 1950 for the (United Provinces).
3. Subs. by s. 26 (a) of U. P. Act VII of 1956.
4. Del. by s. 26 (b) ibid.
2
About this act
- Jurisdiction
- Uttar Pradesh
- Enactment date
- 1939-09-23
- Sections available
- 60
Read the sections
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India Code, Government of India. Text fetched 16 Oct 2026. Source metadata reports last modification: 2024-05-09. Check the linked official text and subsequent notifications when applying a provision.