¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 3, 2017/SÉèjÉ 13, ¶ÉEäò 1939

1

RNI No. MAHENG/2009/35528

Reg. No. MH/MR/South-344/2014-16

¨É½þÉ®úÉ¹]Åõ  ¶ÉÉºÉxÉ  ®úÉVÉ{ÉjÉ
+ºÉÉvÉÉ®úhÉ  ¦ÉÉMÉ  +É`ö

´É¹ÉÇ 3, +ÆEò 32]

ºÉÉä¨Éý´ÉÉ®úú, BÊ|É±É 3, 2017/SÉèjÉ 13, ¶ÉEäò 1939

[ {ÉÞ¹`äö 18, ËEò¨ÉiÉ : ¯û{ÉªÉä 27.00

+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 63

|ÉÉÊvÉEÞòiÉ  |ÉEòÉ¶ÉxÉ

¨É½þÉ®úÉ¹]Åõ Ê´ÉvÉÉxÉ¨ÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉÉ±ÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ Ê´ÉÊvÉ ´É xªÉÉªÉ
Ê´É¦ÉÉMÉÉEòbÚ÷xÉ  +É±Éä±ÉÒ  Ê´ÉvÉäªÉEäò  (<ÆOÉVÉÒ  +xÉÖ´ÉÉnù).

In  pursuance  of  clause  (3)  of  article  348  of  the  Constitution  of  India,  the  following

translation in English of the Maharashtra Acupuncture System of Therapy Act, 2015 (Mah. Act No.

XXV of 2017), is hereby published under the authority of the Governor.

 By order and in the name of the Governor of Maharashtra,

PRAKASH H. MALI,

Principal  Secretary  (Legislation)  to  Government,

Law  and  Judiciary  Department.

——————-------

MAHARASHTRA  ACT  No.  XXV  OF    2017.

(First  Published,  after  having  received  the  assent  of  the  President    in  the

“Maharashtra  Government  Gazette”,  on  the  3rd  April  2017).

An  Act  to  provide  for  the  development  of  the  acupuncture  system  of

therapy,  by  regulating  the  teaching  and  practice  thereof  and  to  deal

with  certain  other  matters  connected  therewith  or  incidental  thereto.

WHEREAS  it  is  expedient  to  provide  for  the  development  of  the

Acupuncture  system  of  therapy,  by  regulating  the  teaching  and  practice

thereof  and  for  matters  connected  therewith  or  incidental  thereto;  it  is

hereby  enacted  in  the  Sixty-sixth  Year  of  the  Republic  of  India  as

follows  :—

¦ÉÉMÉ  +É`---63--1

(1)

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CHAPTER  I

PRELIMINARY

Short  title,
extent  and
commence-
ment.

1.

(1) This  Act  may  be  called  the  Maharashtra  Acupuncture  System  of

Therapy Act, 2015.

(2) It extends to the whole of the State of Maharashtra.

(3) It shall come into force on such date as the State Government may, by

notification  in  the Official  Gazette,  appoint.

Definitions.

2.

In  this  Act,  unless  the  context  otherwise  requires,—

(a) “Acupuncture”  means  the  Acupuncture  System  of  Therapy
recommended  by  the  World  Health  Organization  and  includes  Cupping
(an auxiliary method of creating vacuum on some particular Acu point or
area  with  a  cup  like  substance  made  of Bamboo  or  Glass  or  Plastic  or
Rubber),  Pressure  (applying pressure  by any finger  or blunt  round  object
on  Acu  point  where  Needle  puncture  is  not  possible),  Seven  star  needle
(Seven or Five number of Acu needle embedded at an end of a stick to tap
on  Acu  point  or  specific  area  or  line),  Acupuncture  Electro  Stimulation
(applying  low  intensity  electrical  stimulation  at  Acu  point),  Acu  laser
(applying low intensity laser at Acu point), Catgut Embedding (Implanting
surgical Catgut at Acu point), and such other methods as may be notified,
on  the  recommendation  of  the  Maharashtra  Council  of  Acupuncture,  by
the  State  Government ;

(b) “Acupuncture  institution”  means  any  institution  which  conducts  or

offers  courses  of  study  and  training  in  Acupuncture ;

(c) “affiliated  Acupuncture  institution”  means  an  Acupuncture

institution  affiliated  to  the  Council ;

(d) “Acupuncture  practitioner”  means  a  person  who  is  engaged  in  the

practice  of  Acupuncture  System  of  Therapy;

(e) “Acupuncture  personnel”  means  persons  engaged  in  assisting  a

registered  Acupuncture  practitioner  in  the  practice  of  Acupuncture ;

(f) “admission  capacity”  means  the  maximum  number  of  students  that
may  be  fixed  by  the  Council,  from  time  to  time,  for  being  admitted  to  a
course of  study or  training  in  Acupuncture  conducted  by  an Acupuncture
institution;

(g) “Certificate”  means  a  certificate  awarded  by  the  Council  on
completion  of  such  course  of  study  and  training  and  of  such  duration  as
may be prescribed by the Council in accordance with the guidelines of the
World  Health  Organization;

(h) “Council”  means  the  Maharashtra  Council  of  Acupuncture

constituted  under  section  3 ;

(i) “Diploma”  means  a  diploma  awarded  by  the  Council  on  completion
of  such  course  of  study  and  training  and  of  such  duration,  as  may  be
prescribed  by the  Council  in  accordance with  the  guidelines  of  the  World
Health  Organization ;

(j) “Degree” means a degree awarded by the Maharashtra University of
Health  Sciences  on  completion  of  such  course  of  study  and  training  in
Acupuncture and of such duration, not inconsistent with the guidelines of
the World Health Organization issued in that behalf, as may be prescribed
as  per  the  provisions  of  the  Maharashtra  University  of  Health  Sciences
Act, 1998 ;

Mah. X
of  1999.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 3, 2017/SÉèjÉ 13, ¶ÉEäò 1939

3

(k) “Eligibility  test”  means  an  examination  in  Acupuncture  of  such
nature and standard as that of the examination held by the Council for the
award of a diploma; held or caused to be held only once by the Council, for
the  purpose  of  registration  under  this  Act,  immediately  after  the
commencement  of this  Act on  such date as the Council may  determine ;

(l) “Government”  or  “State  Government”  means  the  Government  of

Maharashtra;

(m) “Member” means  a Member  of the Council ;

(n) “prescribed”  means  prescribed  by  rules ;

(o) “President”  means  the  President  of  the  Council ;

(p) “recognized  Acupuncture  qualification”  means  a  qualification  in

Acupuncture  system  of  therapy  recognized  by  the  Council ;

(q) “recognized  research  institute”  means  an  institute  which  conducts

research  in  or  related  to  Acupuncture  and  recognized  by  the  Council ;

(r) “Register”  means  the  Registers  of  Acupuncture  practitioners  and

Acupuncture  personnel  maintained  under  this  Act ;

(s) “Registered  Acupuncture  practitioner”  means  an  Acupuncture

practitioner  registered  under  the  provisions  of  this  Act ;

(t) “Registered  Acupuncture  personnel”  means  an  Acupuncture

personnel  registered  under  the  provisions  of  this  Act ;

(u) “Registrar”  means  the  Registrar  of  the  Council  appointed  under

section  13 ;

(v) “regulations” means the regulations made by the Council under this

Act ;

(w) “rules”  means  the  rules  made  by  the  State  Government  under

this Act ;

(x) “section”  means  a  section  of  this  Act ;

(y) “Teacher” means any person appointed by an Acupuncture institution

affiliated to, or recognized by, the Council  to  hold a post in  teaching ;

(z) “Vice-President”  means  the  Vice-President  of  the  Council.

CHAPTER  II

CONSTITUTION OF THE COUNCIL AND ITS INCORPORATION

 3.

(1) The State Government may, by notification in the Official Gazette,
as soon as may be after the commencement of this Act, constitute the Council
to  be  called  the  Maharashtra  Council  of  Acupuncture.

Constitution
of the Council
and its
incorporation.

(2) The  Council  shall  be  a  body  corporate,  having  perpetual  succession
and a common seal, with power to acquire, hold, transfer or dispose of movable
and immovable property, and to contract and may by the name aforesaid sue
and be sued.

(3) The  Council  shall  consist  of  the  following  Members,  namely :—

(a) five  Members,  who  are  citizens  of  India,  elected  from  such
constituencies and in such manner as may be prescribed, by the Registered
Acupuncture  practitioners  from  amongst  themselves ;

¦ÉÉMÉ  +É`---63--1+

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(b) two  Members  nominated  by  the  State  Government  from  amongst
the Registered Acupuncture practitioners, both of whom shall be a citizen
of  India ;

(c) one  Member  nominated  by  the  Maharashtra  University  of  Health

Sciences ;

(d) one Member nominated by the State Government from amongst the

heads, called  by  any  name, of  the affiliated  Acupuncture  institutions ;

(e) one Member nominated by the State Government from amongst the

heads,  called  by  any  name,  of  recognized  research  institutes.

(4) The election of the Members referred to in clause (a) of sub-section (3)
shall be held at such time and at such place and in such manner, as may be
prescribed.

(5) If the nomination of a Member as per clause (c) of sub-section (3) is not
made by the prescribed date, it shall be lawful for the State Government to
nominate  a  Registered  Acupuncture  practitioner  to  fill  up  the  vacancy.

(6) If at any election under clause (a) of sub-section (3), the electors fail to
elect  the  requisite  number  of  Members,  it  shall  be  lawful  for  the  State
Government  to  nominate  such  Registered  Acupuncture  practitioner  or
practitioners  as  it  deems  fit,  to  fill  up  the  vacancy  or  vacancies;  and  the
practitioners so nominated shall be deemed to have been duly elected under
this  section.

(7) Notwithstanding  anything  contained  in  the  foregoing  sub-sections  or
elsewhere in this Act, on the first constitution of the Council, all the Members
referred  to  in  clause  (a)  of  sub-section  (3)  shall  be  nominated  by  the  State
Government.

(8) The President and the Vice-President shall be elected by the Members
of  the  Council  from  amongst  themselves  at  its  first  meeting  after  its
reconstitution,  at  which  quorum  is  present:

Provided  that,  the  President  and  the  Vice-President  of  the  first  Council

shall  be  nominated by the State Government :

Provided  further  that,  a  person,  who  holds  or  who  has  held  the  office  as
the  President  or  Vice-President,  as  the  case  may  be,  shall,  subject  to  the
other  provisions  of  this  Act,  be  eligible  for  re-election  to  that  office.

(9) Where  any  dispute  arises  regarding  any  election  of  a  Member  or  the
President or the Vice-President, it shall be referred to the State Government,
and the decision of the State Government shall be final.

Term of office.

4.

(1) The  Government  shall,  by  notification  in  the Official  Gazette,

publish the names of the Members,  both elected and nominated.

(2) Save as otherwise provided by this  Act, a Member whether  elected or
nominated,  shall  hold  office  for  a  term  of  five  years  from  the  date  of
publication  of  the  notification  under  sub-section  (1).

(3) Save  as  otherwise  provided  by  this  Act,  the  President  and  the
Vice-President  shall  hold  the  office  from  the  date  of  their  election,  till  the
day on which  their term  of office as Member expires.

(4) The  term  of  office  of  an  outgoing  Member  shall,  notwithstanding
anything  contained  in  sub-section  (2),  be  deemed  to  extend  to  and  expire
with,  the  day  immediately  preceding  the  day  on  which  the  names  of  the
successor  Members  are  published  under  sub-section  (1).

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 3, 2017/SÉèjÉ 13, ¶ÉEäò 1939

5

(5) The  term  of  office  of  an  outgoing  President  or  Vice-President  shall,
notwithstanding anything contained in sub-section (3), be deemed to extend
to  and  expire  with,  the  day  immediately  preceding  the  day  on  which  the
successor  President  or  Vice-President,  as  the  case  may  be,  is  elected.

(6) An outgoing Member shall be eligible for re-election or re-nomination.

(7) Leave of absence may be granted by the Council to any Member for a

period  not  exceeding  six  months.

5.

(1) Any  casual  vacancy,  before  the  expiry  of  the  term  of  the  office  of
the President or the Vice-President or of a Member elected under clause (a)
of  sub-section  (3)  of  section  3,  caused  by  reason  of  death,  resignation,
disqualification or disability or any other reason, shall be filled by election :

Casual
vacancies.

    Provided  that,  any  such  vacancy  in  the  office  of  an  elected  Member
occurring within  six months prior to the date on  which the  term of  office of
all the Members expires,  shall not  be filled.

(2) Any casual vacancy, previous to the expiry of the term in the office of
a  Member  nominated  under  clauses  (b),  (c),  (d)  and  (e)  of  sub-section  (3)  of
section  3  shall  be  reported  forthwith  by  the  Registrar  to  the  State
Government or the Maharashtra University of Health Sciences, as the case
may  be,  and  shall,  as  soon  as  possible  thereafter,  be  filled  by  the  State
Government or the Maharashtra University of Health Sciences, as the case
may be, by nomination.

(3) Any  person  elected  under  sub-section  (1)  or  nominated  under  sub-
section (2) to fill a casual vacancy shall, notwithstanding anything contained
in section 4, hold office only so long as the person, in whose place he is elected
or nominated,  would  have held  office if  the vacancy  had  not  occurred.

6.

(1) If  the  President  dies  or  resigns  his  office  or  ceases  to  hold  office,
the  Council  shall  elect  another  person  from  amongst  themselves  as  a
President  and  such  President  shall  hold  office  for  the  unexpired  period  of
the  term  of  office  of  the  former  President.

Casual
vacancy of
President.

(2) Subject  to  the  provisions  of  sub-section  (1),  in  the  event  of  the
occurrence  of  any  vacancy  in  the  office  of  the  President  under  sub-section
(1), the Vice-President shall discharge the functions of the President until a
new  President  is  elected.

(3) When the President is unable to discharge the duties of his office owing
to  absence,  illness  or  any  other  cause,  the  Vice-President  shall  discharge
the functions of the President until the date on which the President resumes
his  duties.

7.

(1) The President or Vice-President may, at any time, resign his office
by a notice in writing addressed to the Council and delivered to the Registrar.
The resignation shall take effect from the date on which it is accepted by the
Council.

Resignation.

(2) An  elected  Member  may  at  any  time,  resign  his  office  by  a  notice  in
writing  addressed  to  the  President.  A  nominated  Member  may  at  any  time
resign  his  office  by  a  notice  in  writing  addressed  to  the  Government  or  the
Maharashtra University of Health Sciences, as the case may be. Every such
resignation  shall  take  effect  from  the  date  on  which  it  is  accepted  by  the
Government or the Maharashtra University of Health Sciences, as the case
may be.

6

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Disqualification.

8.

(1) A  person  shall  be  disqualified  for  being  elected  or  nominated  as,

and for continuing as, a Member, if,—

(a) he  is,  or  becomes  of,  unsound  mind  and  stands  so  declared  by  a

competent  court ;  or

(b) he is, or has been, convicted of any offence involving moral turpitude,
which  in the opinion of the Government renders him unfit to be a Member
of  the  Council ;  or

(c) he  is,  or  at  any  time  has  been,  adjudicated  as  an  un-discharged

insolvent ;  or

(d) his  name  has  been  removed  from  the  register  and  has  not  been

re-entered  therein ;  or

(e) he  is  an  employee  of  the  Council ;  or

(f) he  has  directly  or  indirectly  any  share  or  interest  in  any  contract

with, by or on behalf of, the Council ; or

(g) he has been dismissed from the service of the Union Government or
a State Government or a Panchayat or a Municipality on a charge of gross
misconduct  or  an  offence  involving  moral  turpitude ;  or

(h) he is a person under the age of 21 years.

Explanation.— For the purposes of clause (g), the words “Panchayat” and
“Municipality”  shall  have  the  same  meaning  as  assigned  to  them  in  clause
(d) of article 243 and clause (e) of article 243-P of the Constitution of India,
respectively.

(2) If any Member absents himself from three consecutive meetings of the
Council, without leave of the Council or without such reason as may, in the
opinion of the Council, be sufficient, the Council may declare his seat vacant
and take steps to fill the vacancy.

(3) If  any  Member  becomes  or  is  found  to  be  subject  to  any  of  the
disqualifications  mentioned  in  sub-section  (1),  the  Council  shall  submit  a
report  to  the  Government,  and  the  Government,  if  satisfied  about  the
disqualification,  shall  declare  his  seat  vacant.

Meetings of
Council.

9.

(1) The meetings of the Council shall be convened, held and conducted

in such manner as may be prescribed.

(2) No business shall be transacted at any meeting of the Council unless a

quorum of five Members is present.

(3) The  President,  when  present,  shall  preside  at  every  meeting  of  the
Council.  If  at  any  meeting  the  President  is  absent,  the  Vice-President,  and
in the absence of the President and the Vice-President, some other Member
elected  by  the  Members  present  from  amongst  themselves,  shall  preside  at
such  meeting.

(4) All  questions  at  the  meeting  of  the  Council  shall  be  decided  by  a

majority  of  votes.

(5) In case of an equality of votes, the presiding authority shall exercise a

second or a  casting vote.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 3, 2017/SÉèjÉ 13, ¶ÉEäò 1939

7

10.

(1) The proceedings of the discussion of every meeting of the Council,
shall  be  treated  as  confidential;  and  no  person  shall,  without  the  previous
resolution  of  the  Council,  disclose  any  proceedings  thereof :

Proceedings of
meetings and
validity of
acts .

Provided  that,  nothing  in  this  section  shall  prohibit  a  person  from
disclosing  or  publishing  the  text  of  a  resolution  adopted  by  the  Council
unless  the  Council  directs  such  resolution  also  to  be  treated  as  a
confidential.

(2) No  act  or  proceeding  of  the  Council  shall  be  invalid  merely  by

reason  of,—

(a) any vacancy  in or any defect in, the  constitution of the Council ; or

(b) any defect in the election or nomination of a person as a Member of

the  Council ;  or

(c) any  irregularity  in  the  procedure  of  the  Council  not  affecting  the

merits  of  the  case :

Provided  that,  the  question  whether  such  irregularity  in  procedure
of the Council affects the merits of the case  or  not, shall  be decided  by
the President  whose decision  shall  be  final and  binding.

11.

(1) The  Council  shall,  as  soon  as  may  be,    constitute  from  amongst
its Members an Executive Committee and other committees to perform such
functions,  discharge  such  duties  and  exercise  such  powers  as  may  be
delegated  by  the  Council.

Executive
Committee
and other
committees.

(2) The Executive Committee shall consist of  the President and  the Vice-
President  as ex-officio  Members  and  three  other  Members  elected  by  the
Council  in  the  prescribed  manner  from  amongst  themselves.

(3) The  President  and  the  Vice-President  of  the  Council  shall  be  the
President and the Vice-President, respectively, of the Executive Committee.

(4) The  Registrar  shall  act  as  the  secretary  to  the  Executive  Committee.

(5) No  business  shall  be  transacted  at  any  meeting  of  the  Executive

Committee unless a  quorum of three Members  is present.

(6) A Member of the Executive Committee shall hold office until the expiry
of his term of office as a Member of the Council  and he shall be eligible for
re-election.

(7) A  Member  may  resign  his  Membership  of  the  Committee  by  writing
under  his  hand  addressed  to  the  President  of  the  Committee  and  the
consequent  vacancy  shall  be  filled  by  the  Council  by  electing  from  amongst
themselves  another  Member,  who  shall  not  already  be  a  Member  of  the
Committee.

(8) The Executive Committee shall exercise such powers and perform such

functions  and  discharge such  duties  as  may  be  prescribed.

12.

(1) The  income  of  the  Council  shall  consist  of,—

(a) fees  received  from  the  practitioners;

Income and
expenditure of
Council.

(b) any  other  sums,  including  donations,  received  by  the  Council :

Provided that, no donation shall be received by the Council from a foreign
national,  body,  agency,  institution  or  Government  without  the  previous
approval  of  the  State  Government.

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(2) It  shall  be  competent  for  the  Council  to  incur  expenditure  for  the

following  purposes,  namely :—

(a) salaries and allowances of the Registrar and other staff maintained

by  the  Council ;

(b) fees  and  allowances  paid  to  the  Members  of  the  Council  and  the

Executive  Committee ;

(c) remuneration  paid  to  the  assessors ;  and

(d) such  other  expenses  as  are  necessary  for  exercising  powers,

performing  functions  and  discharging  duties  under  this  Act.

Registrar.

13.

(1) The  Council  shall,  with  the  previous  sanction  of  the  State
Government,  appoint  a  Registrar  possessing  such  qualifications  as  may  be
prescribed.

(2) The  Executive  Committee  may,  from  time  to  time,  grant  leave  to  the

Registrar :

Provided  that, if the period of leave  does not exceed 30 days,  the leave

may be granted by the President.

(3) During  any  temporary  vacancy  in  the  office  of  the  Registrar,  due  to
leave or any other reason, the Deputy Registrar shall act as Registrar. If the
Registrar  and  the  Deputy  Registrar  both  are  not  available,  the  Executive
Committee  may,  with  previous  sanction  of  the  State  Government,  appoint
any other person  to  act  in  his  place,  and  any person so  appointed shall, for
the  period  of  such  appointment,  be  deemed  to  be  the  Registrar  for  the
purposes  of  this  Act :

Provided that, when the period of such vacancy does not exceed 30 days,
the appointment may be made by the President, who shall forthwith report
such appointment to the Executive Committee and the State Government.

(4) The  Council  may  with  the  previous  sanction  of  the  Government,
suspend,  dismiss  or  remove  any  person  appointed  as  Registrar,  or  impose
any other  penalty upon him :

Provided  that,  before  passing  any  order  under  this  sub-section,  the

Registrar  shall  be  given  reasonable  opportunity  of  being  heard.

(5) Save as otherwise provided by this Act, the salary and allowances and
other conditions of service of the Registrar shall be such as may be prescribed.

(6)  The  Registrar  shall  be  the ex-officio  secretary  and  executive  officer  of
the  Council.  He  shall  also  act  as  the  secretary  to  other  committees,  if  any,
constituted  by  the  Council.

(7) He shall attend all meetings of the Council, Executive Committee and
other committees and shall keep minutes of the meetings and names of the
Members  present  and  of  the  proceedings  of  such  meetings.

(8) The  accounts  of  the  Council  shall  be  kept  by  the  Registrar  in  the

prescribed  manner.

(9) The  Registrar  shall  have  such  supervisory  powers  over  the  staff  as
may be prescribed and may perform such other functions and discharge such
other duties as may be specified in this Act or as may be prescribed.

(10)  The  Registrar  shall  be  deemed  to  be  a  public  servant  within  the

meaning of section 21 of the Indian Penal Code.

XLV of
1860.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 3, 2017/SÉèjÉ 13, ¶ÉEäò 1939

9

14.

(1) Apart  from  the  Registrar,  the  Council  may  appoint  one  or  more
Deputy  Registrars  and  such  other  officers  and  servants  as  it  may  deem
necessary  and  expedient  for  performing  functions  and  discharging  duties
under  this  Act:

Other
employees of
Council.

Provided that, the number and designation of such officers and servants
and their salaries and allowances shall be determined by the Council, with
the  previous  sanction  of  the  Government.

(2) Notwithstanding  anything  contained  in  sub-section  (1)  but  subject  to
such financial limit as may be laid down in this behalf by the Council, it shall
be  competent  for  the  Executive  Committee  to  create  posts  of  clerks  and
servants,  and  to  make  appointments  thereto,  for  such  periods  as  may  be
prescribed to meet any temporary increase in work, or to carry out any work
of  seasonal  character.

(3) The  other  conditions  of  service  of  officers  and  servants  shall  be  such

as may be prescribed.

XLV of
1860.

(4) Officers and servants appointed under this Act shall be deemed to  be
public servants within the meaning of section 21 of the Indian Penal Code.

CHAPTER  III

POWERS, FUNCTIONS AND DUTIES OF THE COUNCIL

15.

(1) Subject  to  the  conditions  as  may  be  prescribed  by  or  under  the
provisions of this Act,  the  powers, functions  and duties of  the  Council shall
be,—

Powers,
functions and
duties of
Council.

(a) to maintain the register of Acupuncture practitioners and Acupuncture

personnel  under  this  Act ;

(b) to  hear  and  decide  appeals  from  any  decision  of  the  Registrar ;

(c)  to  prescribe  a  code  of  ethics  for  regulating  the  professional  conduct

of  Acupuncture  practitioners  and  Acupuncture  personnel ;

(d)  to  regulate  the  conditions  for  grant  of  permission  to  establish  an
Acupuncture  institution  and  to  start  a  new  course  of  study  or  training
leading to the award  of any  recognized  qualification by the Council, or  to
increase the  intake capacity  of  such  a course ;

(e) to grant or refuse permission to establish an Acupuncture institution,
start  a  new  course  of  study  and  training  leading  to  the  award  of  any
recognized qualification by the Council, or increase the intake capacity of
such  a  course ;

(f)  to  regulate  the  conditions  for  grant  of  affiliation  to  Acupuncture

institutions ;

(g)  to  grant  or  refuse  affiliation  to  Acupuncture  institutions  or  to
withdraw such recognition, after affording the authority of the institution
a  reasonable  opportunity  of  being  heard ;

(h)  to  regulate  the  conditions  for  grant  of  recognition  of  qualifications

in  Acupuncture  and  of  research  institutions ;

(i)  to  grant  or  refuse  recognition  to  research  institutions  and
qualifications  in  Acupuncture  or  to  withdraw  such  recognition,  after
affording the authority of the institution a reasonable opportunity of being
heard ;
¦ÉÉMÉ  +É`---63--2

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(j) to provide for the inspection of affiliated and recognized institutions ;

(k)  to  reprimand  a  registered  or  an  enlisted  Acupuncture  practitioner
or Acupuncture personnel, or to suspend or remove him from the register
or to take such other disciplinary action against him as may, in the opinion
of  the  Council,  be  necessary  or  expedient ;

(l) to call on the authority of an institution affiliated to the Council or of
an  institution  applying  for  affiliation  to  furnish,  within  such  period  as
may be specified, such reports, returns or other information as the Council
may  require to  judge the  efficiency  of the  institution ;

(m) to  prescribe  by  regulations  the  courses  of  study  and  training  in
Acupuncture  system  of  therapy,  not 
inconsistent  with  the
recommendations of the World Health Organization issued in that behalf,
leading  to  the  award  of  Diploma  or  Certificate  by  the  Council ;

(n) to prescribe by regulations the scheme and syllabus, not inconsistent
with  the  recommendations  of  the  World  Health  Organization  issued  in
that behalf, of the Eligibility Test held or caused to be held by the Council
for  the  purpose  of  registration  of  Acupuncture  practitioners  and
Acupuncture  personnel ;

(o) to hold examinations for the students of affiliated institutions and to

make  all  necessary  arrangements  for  such  examinations ;

(p)  to  exercise  general  supervision  and  control  over  the  institutions
affiliated to the Council and give such institutions such directions as may
be  necessary  and  expedient  in  the  opinion  of  the  Council ;

(q) to appoint, on such terms as the Council may determine, such number
of  Inspectors  for  the  inspection  of  institutions  teaching  the  Acupuncture
system of therapy as the Council may deem fit ;

(r)  to  advise  the  State  Government  in  matters  of  research  in

Acupuncture ;

(s)  to  exercise  such  other  powers,  perform  such  other  functions  and
discharge such other duties as laid down in this Act or as may be prescribed
or  as  the  State  Government  may  direct,  by  a  general  or  special  order
published  in  the  Official  Gazette,  in  furtherance  of  the  objectives  of  this
Act ;

(t)  to  confer  honorary  Diplomas  on  such  persons  as  those  who,  in  the

opinion  of  the  Council,  are  Acupuncture  practitioners  of  repute ;

(u)  to  receive  donations  and  to  determine  the  conditions  of  acceptance

of  donations.

Permission
for
establishment
of new
institutions,
new course of
study, etc.

(2) The  Council  may  conduct  Certificate  and  Diploma  courses  of  study

and  training  in  Acupuncture.

16.

(1) Notwithstanding anything contained in this Act or any other law
for the time being in force, with effect from such date as may be notified by
the  State  Government,—

(a) no  person  shall  establish  an  Acupuncture  institution;  or

(b) no  Acupuncture  institution  shall,—

(i) open  a  course  of  study  or  training  leading  to  the  award  of  any

recognized  qualification  by  the  Council;  or

(ii) increase its admission capacity in any course of study or training;
except  with  the  previous  permission  of  the  Council  obtained  in
accordance  with  the  provisions  of  this  Act.

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11

(2) The Council shall, as soon as may be, after the commencement of this
Act,  by  regulations  prescribe  the  procedure  for  applying  for  obtaining
permission,  affiliation  and  recognition  of  the  Council  and  also  for  grant  of
such  permission,  affiliation  and  recognition  or  refusal  thereto.

Explanation.—For the purposes of  this section “person” shall include any
University or trust or society or an institution but shall not include the  State
Government  or  Central  Government  or  the  Council.

17.

(1) Where  after  the  coming  into  force  of  this  Act,  any  Acupuncture
institution  is  established  without  obtaining  the  previous  permission  of  the
Council  in  the  prescribed  manner,  no  qualification  in  Acupuncture  granted
to  any  student  of  such  institution  shall  be  a  recognized  Acupuncture
qualification  for  the  purposes  of  this  Act.

Non-
recognition of
qualification
in certain
cases.

(2) Where  any  Acupuncture  institution  opens  a  new  course  of  study  or
training  without  the  previous  permission  of  the  Council  obtained  in  the
prescribed  manner,  then  no  qualification  granted  to  any  student  of  such
institution  on  the  basis  of  such  study  or  training  shall  be  a  recognized
qualification  in  Acupuncture  for  the  purposes  of  this  Act.

(3) Where  any  Acupuncture  institution  increases  its  admission  capacity
in  any  course  of  study  or  training  without  the  previous  permission  of  the
Council  obtained  in  the  prescribed  manner,  then  no  Acupuncture
qualification  granted  to  any  student  of  such  institution  on  the  basis  of  the
increase  in  its  admission  capacity  shall  be  a  recognized  qualification  in
Acupuncture  for  the  purpose  of  this  Act.

Explanation.—For the purposes of this section, the criteria for identifying
a student who has been granted an Acupuncture qualification on the basis of
such unauthorized  increase in the  admission capacity  shall be such  as may
be  prescribed.

18.

(1) Any  person,  who  has  established  an  Acupuncture  institution
before the date of coming into force of this Act, shall seek, within such period
as  the Government  may,  by  notification in  the Official  Gazette,  specify,  the
permission  of  the  Council  in  the  prescribed  manner.

(2) If  such  person  fails  to  seek  the  permission  under  sub-section  (1),  the
provisions of section 17 shall apply, so far as may be, as if, permission of the
Council  under  section  16  has  been  refused.

Time for
seeking
permission
for certain
existing
Acupuncture
institutions.

CHAPTER  IV

PREPARATION AND MAINTENANCE OF REGISTER

19.

(1) The Council shall maintain a register of Acupuncture practitioners

and  Acupuncture personnel  in such  form  as  may be  prescribed.

Preparation
of Register.

(2) The Registrar shall, from time to time, make necessary entries in the
register  in  respect  of  the  persons  whose  names  are  to  be  registered,  their
qualifications  and  their  addresses  and  may  also,  from  time  to  time,  make
such  alterations  and  modifications  therein  as  may  be  required  in
consequences  of  any  orders  passed  by  the  Council.

20.

(1) As  soon  as  may  be  after  the  day  on  which  this  Act  comes  into
force,  the  Registrar  shall  prepare  and  maintain  thereafter  a  Register  of
Acupuncture  practitioners  and  Acupuncture  personnel.

Persons
entitled to be
registered.

¦ÉÉMÉ  +É`---63--3

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(2) The  register  shall  be  divided  into  three  parts  namely  Part  A,  Part  B
and  Part  C.  Part  A  and  Part  B  shall  consist  of  the  names  of  and  other
information about Acupuncture practitioners and Part C shall consist of the
names  of  and  other  information  about  Acupuncture  personnel.

(3) Every  person  who,—

(a) possesses a degree or diploma in Acupuncture awarded by a statutory
University  in  India  and  whose  name  is  entered  in  a  State  Register
of  Acupuncture  practitioners  on  the  day  on  which  this  Act  comes  into
force ;  or

(b) possesses  a  degree  in  Acupuncture  awarded  by  the  Maharashtra

University  of  Health  Sciences ;  or

(c) is  a  register  medical  practitioner  and  possesses  a  diploma  awarded

by  the Council ;  or

(d) is  a  registered  medical  practitioner  and  possesses  any  recognized

Acupuncture  qualification;

shall  be  entitled  to  have  his  name  registered  in  Part  A  of  the  register

maintained  under  this  Act.

(4) Every  person  who,—

(a) possesses a diploma in Acupuncture awarded by any statutory State
Council  or  University  in  India  and  whose  name  is  entered  in  the  State
Register  of  Acupuncture  practitioners  maintained  by  that  respective
Council on the day on which this Act comes  into force ;  or

(b) possesses  a  diploma  awarded  by  the  Council ;  or

(c) has  been  conferred  an  honorary  diploma  by  the  Council ;  or

(d) who  possesses  any  qualification  awarded  by  an  institution  within
or outside India and which is a recognized Acupuncture qualification, but
whose  name  is  not  entered  in  any  State  Register  of  Acupuncture
practitioners ;  or

(e) has  qualified  the  Eligibility  Test  held  or  caused  to  be  held  by  the

Council  for  registration  as  Acupuncture  practitioner  ;

shall be entitled to have his name registered in Part B of the Register

maintained  under  this  Act.

(5) Every  person  who,—

(a) has  qualified  the  Eligibility  Test  held  or  caused  to  be  held  by  the

Council  for  registration  as  Acupuncture  personnel ;

(b) possesses a diploma or a certificate in Acupuncture awarded by the

Council;

shall be entitled to have his name registered in Part C of the register

maintained  under  this  Act.

Application
for
registration.

21.

(1) Every person who desires to have his name entered in the register
shall  submit  to  the  Registrar  an  application  in  the  prescribed  form  in  the
prescribed  manner.

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13

(2) The  Council  may,  on  being  satisfied  that  a  person  is  qualified  for
registration under section 20, direct that his name be entered in the register,
and  the  Registrar  shall  thereupon  make  necessary  entries  in  the  register
and grant  him a  certificate of  registration.

22.

(1) The  Council  may  refuse  to  permit  the  registration,  or  direct  the

removal from the register, of the name of any person,—

(a) who has been convicted  of an offence involving moral turpitude ;  or

(b) who  has  been  found  guilty  of  infamous  conduct  in  his  professional
capacity by a majority of at least two-thirds of the Members of the Council
after  a due enquiry  into his conduct :

Power of
Council to
refuse
registration
or to remove
name from
Register in
certain cases.

Provided  that,  no  such  refusal  or  removal  shall  be  made  without

affording  such  person  a  reasonable  opportunity  of  being  heard  :

Provided  further  that,  any  refusal or  removal  under  this  sub-section
may  be  rescinded  by  the  Council,  if  the  conduct  on  the  basis  of  which
refusal or removal was directed is condoned by it for good and sufficient
reasons :

Provided also that, if any person, whose name has been removed from
the  register,  such  person  shall  forthwith  surrender  his  certificate  of
registration  to  the  Council.

(2) The Council may, on receipt of reliable information regarding the death
of  a  person  whose  name  is  entered  in  the  register,  and  on  making  such
enquiry as it may think fit, direct the removal of his name from the register
and  thereupon the  Registrar  shall  cancel the  entry relating  to such  person.

V of
1908.

(3) In holding any enquiry under clause (b) of sub-section (1), the Council
shall have the same powers as are vested in Civil Courts under the Code of
Civil Procedure, 1908, when trying suits in respect of the following matters,
namely :—

(a) enforcing the attendance of any person and examining him on oath ;

(b) compelling  the  production  of  documents ;  and

(c) issuing  of  commissions  for  the  examination  of  witnesses.

(4) All  enquiries  under  this  section  shall  be  deemed  to  be  judicial
proceedings  within  the  meaning  of  sections  193,  219  and  228  of  the  Indian
Penal  Code.

XLV of
1860.

25 of
1961.

(5) For the purpose of advising the Council on any question of law arising
in  any  enquiry  under  this  section,  there  may,  in  all  such  enquiries,  be  an
assessor who has been for not less than ten years an Advocate enrolled under
the Advocates Act, 1961.

(6) Any assessor under sub-section (5)  may be appointed either for general
enquiries  or  for  any  particular  enquiry  or  class  of  enquiries,  and  shall  be
paid  the  prescribed  remuneration.

23. Any  entry  in  the  register,  which  is  proved  to  the  satisfaction  of  the
Council to have been  fraudulently or incorrectly made, may be cancelled  by
an  order  of  the  Council.

Cancellation
of fraudulent
and incorrect
entries.

CHAPTER  V

OFFENCES AND PENALTIES

  24.

If  any  person,  whose  name  is  not  entered  in  the  register,  falsely
represents that it is so entered or uses in connection with his name or title
any  words  or  letters  reasonably  calculated  to  suggest  that  his  name  is  so
entered,  he  shall,  whether  any  person  is  actually  deceived  by  such

Penalty on
unregistered
person
pretending to
be registered.

¦ÉÉMÉ  +É`---63--3+

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representation  or  not,  be  punishable,  on  conviction  by  a  Metropolitan
Magistrate  or  a  Magistrate  of  the  First  Class  having  jurisdiction,  with
imprisonment which may extend to six months or with fine which may extend
to one  thousand rupees  or both.

Penalty for
failure to
surrender
certificate of
Registration.

25.

(1) If  any  person,  whose  name  has  been  removed  from  the  register
under  section  22,  fails,  without  sufficient  cause,  to  forthwith  surrender  his
certificate of registration, he shall be punishable with fine which may extend
to  one  thousand  rupees.

Prohibition of
unauthorized
conferment of
degree,
diploma, etc.
and penalty
for such
conferment.

(2) No cognizance of an offence punishable under this section shall be taken

except upon a complaint made by an order of the Council.

26.

(1) Except the Maharashtra University of Health Sciences, no person,
association or institution, called by any name, shall confer grant or issue, or
hold himself or itself out as entitled to confer, grant or issue, any degree, or
any other document stating or implying that the holder, grantee or recipient
thereof  is  qualified  to  practice  the  Acupuncture  system  of  therapy.

(2) Except  the  Council,  no  person,  association  or  institution,  called  by
any name, shall confer grant or issue, or hold himself or itself out as entitled
to  confer,  grant  or  issue,  any  diploma,  license,  certificate  or  any  other
document  stating  or  implying  that  the  holder,  grantee  or  recipient  thereof
is  qualified  to  practice  the  Acupuncture  system  of  therapy.

(3) Any person contravening the  provisions of  sub-section (1) or  (2)  shall,
on  conviction,  be  punished  with  imprisonment  which  may  be  extend  to  one
year or with fine which may extend to ten thousand rupees or with both; and
if an association or institution is guilty of such contravention, every Member
thereof, who knowingly or willfully authorizes or permits the contravention,
shall,  on  conviction,    be  punished  with  imprisonment  which  may  extend  to
one year or with fine which may extend to ten thousand rupees or with both.

Penalty for
improper
assumption of
Acupuncture
qualifications.

27.

(1) No person shall use any letters or figures after his name indicating
or implying that he possesses any degree in Acupuncture system of therapy,
unless  such  degree  has  been  conferred  by  the  Maharashtra  University  of
Health  Sciences.

(2) No person shall use any letters or figures after his name indicating or
implying that he possesses any diploma, license or certificate in Acupuncture
system  of  therapy,  unless  such  diploma,  license  or  certificate  has  been
conferred  or  recognized  by  the  Council.

(3) Whoever  contravenes  the  provisions  of  sub-section  (1)  or  (2)  shall,  on
conviction, be punishable, on first conviction, with fine which may extend to
five  thousand  rupees,  and,  where  such  contravention  continues  after  the
first conviction, with fine which may extend to ten thousand rupees for each
such  contravention.

Publication
and use of
registration
list.

28.

(1) The  Registrar  shall,  from  time  to  time,  as  the  occasion  may
require, on or before the date to be fixed in this behalf by the Council, cause
to be printed and published (provided that at least twelve months shall have
elapsed from the date of the last publication) a correct list of the names for
the  time  being  entered  in  the  register  setting  forth  therein,—

(a) names of all registered Acupuncture practitioners and Acupuncture

personnel  arranged  in  alphabetical  order  according  to  surname ;

(b) the  registered  address  of  each  such  person ;  and

(c) the registered qualification of each such person and the date on which

each  qualification  was  obtained.

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15

(2) The Registrar shall, from time to time, as occasion arises, cause to be
printed  and  published  a  list  supplementary  thereto,  containing  additions
and  alteration  in  the  register  since  the  publication  of  the  list  under
sub-section  (1).

(3) Every court  shall presume that  any person  whose name  is  entered  in
the  latest  list  printed  and  published  under  sub-section  (1),  read  with  the
latest  list  supplementary  thereto,  if  any,  printed  and  published  under
sub-section (2), is duly registered under this Act, and that any person whose
name  is  not so  entered  is  not  registered under  this  Act :

Provided  that,  in  the  case  of  any  person  whose  name  does  not  appear  in
the  latest  list  printed  and  published  under  sub-section  (1),  read  with  the
latest  list  supplementary  thereto,  if  any,  printed  and  published  under
sub-section (2), a certified copy of the entry of the name of such person in the
register,  signed  by  the  Registrar,  shall  be  evidence  that  such  person  is
registered  under  this  Act.

29.

(1) Offences under sections 24, 25, 26 and 27 shall be cognizable and

non-bailable.

2 of
1974.

(2) Notwithstanding  anything  contained  in  the  Code  of  Criminal
Procedure,  1973,  no  Court  shall  take  cognizance  of  an  offence  punishable
under  this  Act  except  upon  a  complaint,  in  writing,  made  by  a  person
authorized in this behalf by the Council.

CHAPTER  VI

MISCELLANEOUS

Cognizance of
offences.

30.

(1) No  Acupuncture  practitioner,  other  than  a  registered
Acupuncture  practitioner  whose  name  is  entered  in  Parts  A  and  B  of  the
Register, shall be competent to hold any appointment as a medical officer in
Acupuncture  or  teacher  in  any  Acupuncture  hospital,  asylum,  infirmary,
dispensary  or  lying-in-hospital  set  up  under  any  law  for  the  time  being  in
force  or  in  any  Affiliated  Acupuncture  institution.

Certain
privileges of
persons
enrolled on
Parts A and
B of the
Register.

I of
1872.

(2) An Acupuncture practitioner registered in Part A of the Register shall
be entitled to give an opinion in any matter relating to Acupuncture system
of therapy at any inquest or in any court of law as expert under section 45 of
the Indian Evidence Act, 1872.

31. Subject to the provisions of any other law for the time being in force
relating  to  instruments,  the  State  Government  shall  have  the  power  to
regulate and  control, by a general  or  special  order published in the Official
Gazette,  the  manufacture,  storage  or  sale  of  Acupuncture  instruments  by
the grant of licenses to manufactures, stockiest and sellers on such conditions
as may be prescribed.

32. No  suit,  prosecution  or  other  legal  proceeding  shall  lie  in  respect  of
any  act  or  things  done  or  omitted  to  be  done  in  the  exercise  or  purported
exercise of any power conferred by or under this Act on the State Government
or  the  Council  or  the  Executive  Committee  or  any  Committee  appointed  by
the  Council  or  on  the  Registrar.

Control of
manufacture,
storage and
sale of
Acupuncture
instruments.

Bar of suit or
other legal
proceedings.

33.

(1) Any person or institution aggrieved by any decision or any order
of the Council under  section 22  of this Act may prefer  an  appeal  before the

Appeal.

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¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 3, 2017/SÉèjÉ 13, ¶ÉEäò 1939

State  Government  in  such  form  and  manner,  within  such  time,  on  such
conditions and on payment of such fees as may be prescribed.

(2) On receipt of such appeal, the State Government may, after giving the
person  concerned  an  opportunity  of  being  heard  and  after  consulting  the
Council, pass an order which shall be final and binding.

Finance and
audit.

34.

(1) All fees payable under  this Act shall be  paid to the Council.

(2)  An  account  of  all  assets  and  liabilities  of  the  Council  and  of  all  fees,
sums,  donations,  gifts  and  endowments  received  by  it  and  of  all  expenses
and  disbursements  incurred  or  made  by  it  shall  be  maintained  in  the
prescribed  manner.

(3) The  account  shall  be  audited  annually  by  such  officer  of  the  State
Government as may be deputed in this behalf by the State Government and
the report of such audit shall be sent to the State Government and the Council
by  such  officer.

Power to
make rules.

35.

(1) The State Government may, by notification in the Official Gazette,
and subject to the condition of previous publication, make rules for carrying
out the purposes of  this Act.

(2) In particular, and without prejudice to  the generality of the foregoing
power,  such  rules  may  provide  for  all  or  any  of  the  following  matters,
namely :—

(a) the election of Members of the Council and the Executive Committee,

and  the  election  of  the  Vice-President ;

(b) the  manner  of  conducting  meetings  of  the  Council ;

(c) the functions to be  performed by the President and Vice-President ;

(d) the  powers  and  functions  of  the  Executive  Committee ;

(e) the qualifications  of the Registrar,  salary and allowances  and other
conditions of service, the manner of keeping of accounts of the  council  by
the Registrar, supervisory powers and functions and duties of the Registrar
and  other  conditions  of  service  of  officers  and  servants ;

(f) the Form of Register of Acupuncture Practitioners and Acupuncture
Personnel,  the  Form  and  the  manner  for  submitting  the  application  for
entering  the  name  in  the  Register ;

(g) the  procedure  to  be  followed  by  the  Council  in,—

(i) conducting  an  enquiry  under sub-section  (3)  of  section  22 ;

(ii)  disposing  of  appeals  from  the  decision  of  the  Registrar ;

(h) the  conditions  for  the  grant  of  licences  under  section  31 ;

(i) any other matter which may be, or is required to be, prescribed under

this Act.

(3) Every rule made under this Act shall be laid, as soon as may be, after it
is made, before each House of the State Legislature, while it is in session for
a  total  period  of  thirty  days,  which  may  be  comprised  in  one  session  or  in
two  or  more  successive  sessions,  and  if,  before  the  expiry  of    the  session  in
which  it  is  so  laid  or  the  session  immediately  following,  both  Houses  agree
in making any modification in rule or both Houses agree that the rule should
not  be made,  and  notify  their decision  to  that  effect in  the Official  Gazette,

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 3, 2017/SÉèjÉ 13, ¶ÉEäò 1939

17

the  rule  shall  from  the  date  of  publication  of  a  notification  in  the Official
Gazette,  of  such  decision  have  effect  only  in  such  modified  form  or  be  of  no
effect,  as  the  case  may  be;  so,  however,  that  any  such  modification  or
annulment  shall be without prejudice to the validity of anything  previously
done or  omitted  to  be done  under that  rule.

36.

(1) The  Council  may,  with  the  previous  approval  of  the  State
Government,  make  regulations,  not  inconsistent  with  the  provisions  of  this
Act  or  the  rules  made  thereunder,  for  performing  its  functions  and
discharging  its  duties  under  this  Act.

Power to
make
regulations.

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing
power, such regulations may provide for all or any of the following matters,
namely :—

(a) the  conduct  of  business  of  the  Executive  Committee  and  of

Committee  appointed  by  the  Council ;

(b) the time and place at which each meeting shall be held ;

(c) the  issue  of  notices  convening  such  meeting ;

(d) the  conduct  of  business  thereat ;

(e) the  procedure  for  obtaining  permission,  affiliation  and  recognition

of  the  Council ;  or

(f) any  other  matter  for  which  power  to  make  regulations  is  conferred

expressly  or by implication  on the  Council by this Act.

37. All regulations framed under this Act shall be published in the Official

Gazette.

38. The Council shall furnish copies of its minutes, reports, abstracts of
its accounts and other information to the State Government, whenever called
for.

39.

(1) The  Council  shall  carry  out  such  directions  as  may  be  issued,
from time to time, by the State Government for the efficient administration
of this Act.

(2) If any dispute arises between the Council and  the State Government,
in  connection  with  the  exercise  of  its  powers,  performance  of  its  functions
and  discharge  of  its  duties,  under  this  Act,  the  decision  of  the  State
Government on such dispute shall be final and binding on the Council.

40.

(1) If at any time it appears to the State Government that the Council
or  its  President  or  Vice-President  has  failed  to  exercise  or  has  persistently
made  default  in  the  performance  of  the  duties  imposed  on  it  or  him  by  or
under this Act or has exceeded or abused any of the powers conferred upon
it  or  him  by  or  under  this  Act,  or  has  willfully  or  without  sufficient  cause
failed  to  comply  with  any  direction  issued  by  the  State  Government  under
section  39,  the  State  Government  may,  by  a  notification  in  the Official
Gazette,  supersede  the  Council  for  such  period  as  may  be  specified  in  the
notification  :

Provided  that,  before  issuing  a  notification  under  this  sub-section,  the
Government shall give a reasonable time to the Council to show cause as to
why  it  should  not  be  superseded  and  shall  consider  the  explanation  and
objection, if any, of the Council.

Publications
of
regulations.

Furnishing
reports and
information
to
Government.

Directions by
Government.

Power to
supersede the
Council.

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¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 3, 2017/SÉèjÉ 13, ¶ÉEäò 1939

(2) Upon  the publication of a notification under sub-section (1) superseding

the  Council,—

(a) all  the  Members  of  the  Council  shall,  notwithstanding  that  their
terms  of  office  had  not  expired  on  the  date  of  supersession,  vacate  their
offices;

(b) all the powers and duties which may by order under the provisions
of this Act, be exercised or performed by or on behalf of the Council shall,
during  the  period  of  supersession,  be  exercised  and  performed  by  such
person  or  persons  as  the  State  Government  may  direct;

(c) all  property  vested  in  the  Council  shall,  during  the  period  of

supersession,  vest  in  the  State  Government.

(3) On  the  expiration  of  the  period  of  supersession,  specified  in  the

notification,  issued  under  sub-section  (1),  the  State  Government  may,—

(a) extend the  period of supersession for  such further period as  it may
consider  necessary  but  which  period  shall  not  in  the  aggregate  be  more
than two years; or

(b) take  steps  to  constitute  a  new  Council  in  the  manner  provided.

Removal  of
difficulties.

41.

(1)  If  any  difficulty  arises  in  giving  effect  to  the  provisions  of  this
Act, the State Government may, as occasion arises, by order do anything not
inconsistent  with  such  provisions  of  this  Act,  which  appears  to  it  to  be
necessary  or  expedient  for  the  purpose  of  removing  the  difficulty :

Provided that, no such order shall be made after the expiry of a period of

two years  from the date  of commencement of this Act.

(2)  Every  order  made  under  sub-section  (1)  shall  be  laid,  as  soon  as  may

be, after it is made, before each House of the State Legislature.

ON  BEHALF  OF  GOVERNMENT  PRINTING,  STATIONERY  AND  PUBLICATION,  PRINTED  AND  PUBLISHED  BY    SHRI  PARSHURAM  JAGANNATH  GOSAVI,  PRINTED

AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,

STATIONERY  AND  PUBLICATION,  21-A,  NETAJI  SUBHASH ROAD,  CHARNI  ROAD,  MUMBAI  400  004,  EDITOR  :  SHRI  PARSHURAM  JAGANNATH  GOSAVI.

