 a 9 apr ~9~ / \ bill no 43 of 'ita'·, the east punjab ayurvedic and unani practitioners' (delhi amendment) blll, 1964bill fu:rther to amend the east punjab ayurvedic a1k! unani practitioners' act, 1949 as in force in the union territory of delhi s be it enacted by parliament in the fifteenth year of the republic of india as follows:'-: 1 (1) this act may be called the east punjab ayurvedic and sjioi( title unani practitioners' (delhi amendment) act, 1964 ==-(2) it shall cdme into force on such date as the chief commissioner  10 may, by notification in the official gazette, appoint z throughout the east punjab ayurvedic and unani practi- am cr1prt tioners' act, 1949, as in force in the union territory of delhi (herein- :,r~ •• s after referred to as the principal act), for the word "state", the  words "union territory" shall be substituted i 3 in sectiqn 2 of the principal act, after clause (3), the follow- a"""-" ising elau8es shall be inserted, namely: _ of iectiod a '(3a) "chairman" means the chairman of the examining body; 20 (3b) "chief commissioner" means the administrator of tlae union territory of delhi, appointed by the president under article 239 of the constitution; (3c) "examining body" means the examining body constituted under section 31a;' amendment of cc:tion 3 4 in sub-section (1) of section 3 of the principal act, for the words "carrying out the provisions of this act", the words "carry_ ing out the functions conferred on the board by or under the pro! sions of this act" shall be substituted  ameoctment 5 in section 21 of the principal act,- , aoctiod 21(a) for sub-section (1), the following sub-section· shall be substituted, namely:-"(1) the board shall, by regulations, recognise tnstltutionsasrequired under item (3) of the schedule" ; (b) in sub-section (2), for the words "by any of the insti· 10 tutions", the words "by the examining body ()t' by any of the institutiooa" shan 'be substitutoo 6 in sub-section (2) of section 29 of the principal act, after clause (k), the following clauses shall be inserted, namely:-"(1): the term of office of the members· of the ex~ i, bodyundet' subo-section(5) of section 3la; 'm) the fl!"' and outer allowances payable tel qlemhea of the examining body for attending meetinp un, sub-ectloll (8) of section 3la of' 7 in section 30 of the principal a:et,-20 ~--(i) insuf:hjection (1), clauses (c), (d), (e), (1)' anl!li (g) shall be omitted; (ii) after suhection (1), the fonowing sub-seetidn sh"l be ~rwnely:-" (1a) the examining body mayiwithc the; prpig»l 2s unc,tion, of the chief commissioner, make regulations tor-(a) the time and',place· at wbwbtbe  ~h,,~ body shall hold its meetings; (b) the courses of study for training and·~tytn ql!:aminations including tqe course of training and exam!-0  nations prior to qu$1ifying examinations; 3 (c) the language in which the exbjd,1natl~ shad' be con4ucted and instruction shall be imparted; (d) the admission of students to tlle bodies 01' iutltutionl authorised under section 21; 3'  corrigenda to the east punjab ayurvlidic and unani practitionxrs (delhi amendment) bill, 1964(to betas introduced in lok sabha) 1 page 1, line 18,-l2!: ii examining ii ~ ii examining" 2 page 2, line 19,-after n31a" ~ "of" 3 pag e 5, line 5,-befor~ "the words" insert "in the first place where it occurs," 4 correct line numbers on pages 1 to 5 new delhi·· -, anril 28 t~_64 va1sakha 8; -1006( saka) (e) the conditions under which students shall be admitted to the diploma, licence or certificate course and to the qualifying and prior examinations; (f) the conditions of appointment of examiners and the conduct of examinations; '(g) any other matter which is required to be, or may be, presc!ri'bed by regulations"; 10 (iii) in the first proviso to sub-section (3), for the words, brackets and letters "clauses (c) to (g)", the word, bmckets, ftgure and letter "sub-section (la)" shall be substituted and far the word "board", the words "ex,amining body" shall be substit1ii1ii 8 after section 31 of the principal act the following ·il!cttull'shall idlert1o~ of be '''·-ed 1  '   dew aectioll j5 umiicl i ,name y -,ia 2j "3ia (1) the chief commissioner may, by notmeatfon in cqdst1tuthe ofrciaj gazette, constitute an examining body to ·4jejmown tion and  ""6 exmnigg' body for ayurvedie and ,udbdi systems of ~:odii meiiieine, delhi", for thejhll1l8'!le of holding qualifyiag esumina- ~ tions and e~ati&na prior to '1ualifyillg exannaationl and body prescribing the courses of study and training for such examination and other related matters (2) the examining body shall ,be a body oorporate with the name  aforesaid, having perpetual succession and a common seal, with power to 6cquire, hold and dispose of property and'to contract, and shall by the saidname sue and be sued (3) 'l"he examining body shall consist of the following seven -mbers, to be nominated by the chief commissioner, namely:-30 (a) one member to represent the minjstry of the central government dealing with health; '(b) one member to represent the medical and health t>epartment of the adminiatnuon of delhi; (e) one member who shall be a professor of modern lfed1clne or of ayurvedic or unant system of medicine as thflchtef commissioner may determine; (el) one member who shall be a professor of ayurvedic , i syaem of medicine; (g) \one member who shall be a professor of unani system of medicine;  '(f)a practitioner of repute of the ayurvedtc systenl of ··jbc1icinei (g) a' practitioner of repute of the unani system of medicine; and the chief commissioner shall nominate one of the members to be the chairman of the examining body (4) the provisions of sections 11, 12 and 18 shall apply to s the examining body as they apply in relation to the board, subject to the modifications that references to the president therein shall be construed as references to the chairman and the reference to five members in sulhlection (3) of section 13 shall be construed as a reference to three members (5) a member of the examining body shall hold oftice for 10 such period as may be prescribed iby rules by the chief com  miari<mer: provided that the chief commissioner may, for reasons to be recorded in writing, remove any member before the expiry of such term' is , provided ful"ther that no order for such removal shall be made unless the member concerned bas been given a reaeonable opportunity to show cause against such removal (6) a easual vacancy in the oftlee of a member of the 20 examining body shall be filled by fresh nomination and the member nominated to fill a casual vacancy shall hold ofbee only so long as the member in whose place he is nominated woulcl have held oftice if the vacancy had not oceurred (1) any memlber of 'the examining body may, at any time, 2, resign his oftice by letter addressed to the chief commjss1oner and the resignation shall take effect from the date on which it is accepted by the chief commissioner (8) there shall be paid to the members of the examlntdg body such fees and allowances for attending meetings as may be 30 preseribed by rules by the chief commissioner (9) the examining body shall, with the previous approval of the chief commissioner, appoint a secretary and such number of other employees a8 it may deem necessary and they shall receive such salary and allo"18nces and be subject to such cod- 35 clitions of service as the examining body dtdy, with the previous approval of the chief commissioner, prescribe by j'eiulatlolls (10) the secretary and other employees of the examtntng body shall be deemed to be public servants within the meantn, of section 21 of ;be irldian penal code '40  s(11) in the performance of its functions under this act, the examining body shall ibe bound by such directions as the chief commissioner may give to it in writing from time to time", t in the schedule to the principal act, in item (2), for the word aaleddmlllt "board", the words "examining body" shall be'substituted ~~ulc  statenient of objects and reasonsthe boanl at ~ ,:and uaani systeme of mecuciite, ~ ereated under the east punjalb ayurvedic and unani practitioners' act, 1949 as in force in the union territory' at delhi has been in existence since the year 1950 and is charged with dual functions of regiatering vaids and hakims and holding qualifying and preparatory examinations experience lover all these years has shown that tha arrangement is not satisfactcxry it is, 'therefore, proposed, to entrust the functions of holding examinations and prescribing courses to a separate examining body leaving the board with the task of rep tration, recognition of institutions and other related matters the bill seeks to achieve the 'above object new delhi; the 22nd april, 1964 sushila n~ y ab  president's recommendation under article 117 of the constitution of india[copy of letter no, 22-24/64-rijm, dated the 24th april, 1964 from dr sushila nayar, minister of health to the secretary, lok sabha] the president having been informed of the subject matter of the east punjab ayurvedic and unani practitioners' (delhi amendment) bill, 1964, recommends under article 117 (3) of the constitution the consideration of the pid bill in the lok sabha !be' prop>sed 'bill provides for theeonstttution at a ' aeparate !lftmfmng 'body to' comiuet· eeminatiens in' ayurvdc' and, u_l s'yatems ''f!jf mabefne- ift defhi w'hicl1is- at' prl8l!lnt' eoaduetedby, tim board of ayurvedic and unani systems of medicine, delhi : !'be pr,oposed section '3la sought to ,be inserted by clause 8 of the bill cont,emplates ,e, constitution of an examining body sujbeection '(8' qf that section provides for payment of fees and 8ll()wmces to m,embers of the exaniining body sub-section ,(9)' of that section provides for payinent cjf &oala~es add allowances, to the employees of the examining body it is not possible to estimate exactly the 8d¥)1mt of expenditure involv~ but it i$ antieipated ,that an expenditu~ ot~approjtimately as 30,000 perannwn is likely, to  be incurred however, there will be some reduction in the expenditure on the existing board the net additional expenditure on the examining body may be to the extent of rs 15,000 to rs 20,000 per annum   memorandum regarding dele(lated legislationclause 6 of the bill empowers the chief commissioner to make rules after previous publieation in respect of the term of the members of the examining body and fees and allow'8dcel payable to them , clause 7 of the bill empowers the examining body to make, with the previous sanction of the chief commissioner, regulation in respect of the courses of study for training and qualifying examinations, conduct of qualifying and prior examinations, etc which func-i tions were so far being perfonned by the board these are matters of detail and the delegation of legislative power with respeet to the matters aforesaid is of a normal character  annexure extracts from the east punjab ayurvedic and unani practitioners' act, 1949(east punjab act 14 of 1949) - - - - - establishment, constitution and incorporation of the board 3 (1) the chief commi~oner shall, by notification in the omcial gazette, establish a board to be called the board of ayurvedic and unani systems of medicine, state of delhi for the purpose of carrying out the provisions of this act such board shall be a body corporate, having perpetua'l successoion and a common seal with power to acquire or hold property, both movable and immovable, and shall by the said name sue and be sued - - - - -  qualifying examination21 (1) the board shall by regulations-(4) recognis~ institutions as required under paragraph 3 of the schedule; (b) prescribe the course of training and qualifying examinations, including the course of training and examinations prior to qualifying examinations such regulations shall provide that instruction and examinations shall, as far as possible, be given or held in the languages specified therein (2) a qualifying examination shall be an examination in the indian systems of medicine, including ayurvedic and unani systems, held for the purpose of granting a diploma, degree or certificate conferring the right of registration under this part, by any of the institutions which, on the recommendations of the board, may be spec~ by the chief commissioner by 8 notification in the official gazette 8s being authorised to hold a qualifying examination  regulations30 (1) the board may with the previous, sanction of the chief commissioner, make regulations not inconsistent with this part of the rules for anyof the following matters, namely:-'" '" '" '" - (c) the course of study for training and qualifying examinations (d) the language in which the· examinations shall be conducted and instruction shall be imparted (e) the admission of students to the bodies or institutions authorised under section 21 (f) the conditions under which students shall be admitted to the diploma, licence or certificate course and to the qualifying and prior examinations (g) the conditions of appointment of examiners and the conduct of examinations; and '" '" '" '"  (3) the chief commissioner may, by notification in the oftlcial gazette, cancel any regulation: provided that in submitting regulations under clauses (c) to (g) for sanction of the chief commissioner under this section, the board shall send a copy of its proceedings relating to the passing of such regulatioos and shall state the number of its members representing either system of indian medicine who have voted for or against such regulations or not voted in respect of such regulations: - - - - -  the schedulepersons who are entitled to have their names entered in the register of vaidyas and hakims:-- '" - - - (2) vaidyas and haldmb who have pused the ftnal aami~ nation held by the boaro of ayurvedic and unani systems of medicine delhi from any institution aftluated to the board or by a bo~rd or faculty of lyurvedic alid unani ~ystems of medicine established by law anywhere in indian union - - - - - a bill further to amend the east punjab ayurvedic and u nani practitioners' act, 1949 as in force jd the union territory of delhi (dr sushila nayar, minister of health) 