After reading the provisions of the Act, it is apparent to us that the 1982 Act is supplementary to the 1951 Act. Registration in State Council of Ayurvedic & Unani Medicine Bihar. The phrase “on or before” has made it clear that the existing colleges are also required to seek permission and there is no exemption. The Faculty comes under the definition of “medical institution” under Section 2(f) of the 1970 Central Act and GAMS degree awarded by the Faculty is a recognised medical qualification under Section 14 of the 1970 Central Act. Section 37 clothes the Council with power to establish its own educational or instructional institutions for the purpose of conducting courses of ayurvedic and Unani systems of medicine. The Court approved the decision of the learned Single Judge whereby he had come to the conclusion that the 1982 Act has been enacted to regulate the indiscriminate opening of indigenous medical institutions in the State by persons of bodies registered under the Societies Registration Act, 1960 and had in fact commercialised the system of education in indigenous medicine; therefore, the institutions which are not recognised by the State under the 1982 Act could not impart the study in Ayurvedic medicine. Sub-sections (2), (3), (4), (5), (6), (7), (8) and (9) of Section 13-A lay down the manner in which the Central Government is to be approached for establishment of a new medical college or for opening of a new higher course of study or increasing admission capacity and how it would be dealt with. The Second Schedule of the 1970 Act grants authority to the Faculty to grant GAMS degree. This section prohibits admission of the students in such institutions till the grant of permission by the Government. For a better understanding of the contentions, the relevant portions of the sections are reproduced hereunder: 44. 4646 of 2003) are before us by special leave. The High Court has, therefore, clearly committed an error in holding that after the BAMS degree has been introduced, GAMS degree issued by the Faculty was derecognised or not in operation after the 1970 Act came into force. In series of judgments of this Court, these exceptional situations have been provided for. S.B Sanyal, Senior Advocate (Akhilesh Kr. 16. The learned Single Judge differed with the view taken by the Court in CWJC No. 24. If any college or the educational institution running the college continues the educational facility, imparting education in indigenous system of medicine leading to the degree, diploma, etc., as included in the Act of 1982 without permission, would run the risk to their students of not being conferred with a recognised degree and penalties provided under the 1982 Act. The writ petitioners reasserted their submissions before the Division Bench that they had completed the course of GAMS degree and passed examination conducted by the Faculty under the 1951 Act. Application For Registration. Department of AYUSH. 4. Bihar Indigenous Medical Educational Institution (Regulation and Control) Act, 1982, Central Council Act, 1970, in 2003 by introduction of Sections 13-A, 13-B and 13-C. Clauses (a) to (d) of Section 17(1). 45. provisions of the 1981 Ordinance or the 1982 Act. The Central Council of Homoeopathy Act 1973, (Act 59), also called the Homoeopathy Central Council Act, 1973, is an Act of the Parliament of India to primarily structure the role of the Central Council of Homoeopathy and to enable the regularization of the maintenance of a central register of issues and entities related to the field of homoeopathy. email ID(s) is Chairman : Dr. Arvind Kumar Sinha. Insertion of Section 13-A in the 1970 Central Act. (10) Whether practising according to any system besides Ayurvedic or Unani system, mention, if any. 18. Under the 1970 Act, CCIM is competent to prescribe the minimum standard of education including curriculum and syllabi as well as other requirements like hospital, library, students' hostel, staff for college, staff for hospital, library, herbal garden, requirements of various departments of colleges, etc. As per Section 11, if the application moved for permission to start medical course of study of indigenous system of medicine either under Section 3 or Section 9 is refused as the institution or college is not found eligible or does not qualify for permission, it is incumbent on the organiser of such institution to close it down within a period of three months of refusal of permission. After service of notice, the respondents entered appearance and the State filed reply wherein the stand taken by the State was that GAMS degree obtained by the petitioners in 1997 was not valid and recognised degree because according to the letter dated 4-7-1998 sent by the Secretary, Central Council of Indian Medicine (for short “CCIM”), GAMS course was no longer recognised by CCIM. 48. This Act was enacted by Parliament and came into force on 21-12-1970. 27. Since its establishment in 1978, the CCRUM as the apex government organization for research in Unani Medicine has been engaged in conducting scientific research on the applied as well as fundamental aspects of Unani system of medicine. American Home Products Corpn. Shri.......................has been registered under the Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951 as.........................on at Patna. CWJC No. The whole spectrum of the amendment brought about by introducing Sections 13-A, 13-B and 13-C indicates that it has an application from the date they have been introduced by an amendment in the 1970 Central Act. Entrance Examination (AIAPGET) conducted by NTA. The provisions of Sections 13-A, 13-B and 13-C of the 1970 Act as introduced by the amending Act of 2003, if given retrospective operation, the medical qualification acquired from the study in the medical colleges which have been opened prior to the commencement of the amending Act of 2003 and conferred medical qualification on the students who studied in such medical colleges, the degrees so conferred in the absence of the permission of the Central Government would be non est though there is no fault on the part of the students who have studied in the institutions which are recognised and affiliated to the Faculty under the 1951 Act. On receipt of such memorandum, the President shall fix a date for the hearing of the appeal and cause copies of the memorandum to be distributed to all the members of the Council. To, The Registrar, Council of Ayurvedic and Unani Medicines, Bihar. No Registration in State Council of Ayurvedic & Unani Medicine Bihar. PATNA: The government has decided to set up a State Ayush Society to give a boost to alternative medicine in the state. Couselling for admission in 2020-21 will be conducted by Bihar Combined Entrance Competitive Examination Board. About Salfia Unani Medical College. The Act arms the State Government with various powers including the penal powers. The Division Bench agreed with the reasoning adopted by the learned Single Judge in CWJC No. 31. The Central Government on receipt of such application may require the applicant to submit such other particulars as may be considered necessary. Under Clause (d) of sub-section (2) of Section 17, provisions of Section 13-A. 825 of 1998 filed by Pramila Kumari in the Patna High Court challenged the order whereby they had not been allowed to compete in the selection for appointment to the post of Ayurvedic Medical Officer on the basis that they were the holders of GAMS degree from the Bihar State Faculty, which was claimed to be a recognised degree by CCIM. The 1951 State Act with its Rules and Regulations, provisions of Sections 13-A, 13-B and 13-C of the 1970 Act, section. Bihar Indigenous Medical Educational Institution (Regulation and Control) Act, 1982 (for short the 1982 Act). The names of all persons registered under the Act will be entered in the register together with all relevant particulars required under the preceding Rules. (a) 'the Act' means the Bihar Development of Ayurvedic and Unani System of Medicine Act, 1951; (b) 'Form' means a form appended to these rules; and. For the purposes of the 1970 Act, “Indian medicine” is a system of Indian medicine commonly known as Ashtang Ayurveda, Siddha or Unani Tibb. Sections 13-A, 13-B and 13-C with their sub-sections have been substituted by the Indian Medicine Central Council (Amendment) Act, 2003 (58 of 2003) w.e.f 7-11-2003, which prescribe for the permission for establishment of new medical colleges, new courses of study, etc. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. I beg to submit that I want to get my name registered in the list of registered practitioners under theBihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951. Therefore, the colleges or the institutions which have not obtained the permission of the Central Government may do so within a period of three years from the commencement of the Act to save the medical qualification conferred on the students of such medical colleges from the rigour of Section 13-B of the 1970 Act. 2 (d) "Medical practitioner" or "practitioner" means a person who is engaged in the practice of modern scientific medicine in any of its branches including surgery and obstetrics, but not including veterinary medicine or surgery or the Ayurvedic, Unani, Homoeopathic '[system of medicine]. The question, however, is whether with the introduction of the Bihar Indigenous Medical Educational Institution (Regulation and Control) Act, 1982††, the students who have studied in the colleges which were not recognised under the said 1982 Act could be conferred with GAMS degree by the Faculty, and if such degrees are conferred what shall be the fate of the degrees conferred on such students? Section 13-C(2) does not say that the effect of non-permission by the Central Government to the existing colleges after the amending Act came into force would render the medical qualifications already granted by the existing colleges before the insertion of Sections 13-A, 13-B and 13-C in 2003, unrecognised. the Bihar Indigenous Medical Educational Institution (Regulation and Control) Act, 1981 (Act 20 of 1982) which came into force on 21-1-1982. 20. 29. ... Ayurvedic at Herbal Ayurvedic & Unani Medicines. Out of the two interpretations, that language of the statute should be preferred to that interpretation which would frustrate it. It is submitted that the two colleges from where the appellant students were educated having not sought permission from the Central Government under the 1970 Act, the GAMS degree conferred on them shall not be a recognised medical qualification for the purposes of the 1970 Act, as a result whereof they are not eligible for admission to higher course of study or for employment on the basis of the GAMS degree conferred on them which is not a recognised medical qualification. The counsel further submits that after the introduction of the 1982 Act the power of the Faculty to grant affiliation is circumscribed by the requirement of the State Government's permission to open the college imparting education in ayurvedic and Unani systems of medicine. Under Section 13-A, a person who establishes a medical college or a medical college opens a new higher course of study or increases the admission capacity is required to move an application for permission of the Central Government. After the application is received for affiliation, the Faculty will scrutinise the application and if it is satisfied on the basis of the material supplied in the application or otherwise that the institution proposed to be affiliated has nearly fulfilled or is likely to fulfil all the conditions imposed by the Council established under the Act and is likely to run efficiently, it would depute an Inspector to visit the institution, make inquiry and report back to the Faculty. See Photos. 21. Also the Bihar State Council of Ayurvedic and Unani Medicine aggrieved by the judgment in CWJC No. Doctors on strike in Bihar over Centre’s Ayurveda surgery move, services hit Reports from the districts said though the patients arrived at the hospitals, but the doctors did not attend to them. The applicant must fill in the form in his own handwriting. Under Section 15 (3)(b) of the Punjab Ayurvedic & Unani Practitioners Act, 1963 last date for the receipt of applications on the basis of experience was 3.8.1965. 4643 of 2003, Civil Appeals Nos. Citation. 4646 of 2003. Patna comes under Patna Tehsil, Patna District. In such a situation, the question arises what shall happen to the degrees conferred on the students who have studied in the medical colleges established prior to the commencement of the amending Act where the governing body or organising committee or any body or institution does not take any step for seeking permission of the Central Government and the period prescribed under Section 13-C of three years has expired or where the institution has been closed down immediately after the commencement of the amending Act of 2003 and, therefore, no body is interested in seeking permission of the Central Government. The Second Schedule in the 1970 Act itself recognises the GAMS degree given by the State Faculty of Ayurvedic and Unani Medicines, Patna, Bihar from 1953 onwards and thus it cannot be said that the course prescribed by the Faculty for conferment of a degree of GAMS is derecognised under the 1970 Act. Council of Ayurvedic and Unani Medicines, Bihar. 463 of 2000. Under the 1951 Act, Section 17 provides for the establishment of the Faculty. Please suggest corrections. ... state council of ayurvedic and unani medicines bihar patna … All applications for registration shall be made in Form A (the form set out in Appendix A) obtained from the office of the Registrar on payment of a fee of ten rupees and a stamp duty of eight annas in adhesive stamps to be affixed to the registration certificate leviable under Article 24 of Schedule 1 to the Indian Stamp Act, 1894. In exercise of powers under Section 3, the State Government shall, by notification, constitute a Council to be called the Bihar State Council of Ayurvedic and Unani Medicines, which shall consist of a President and the members mentioned in Clauses (a) to (n) of Section 3(1). The 1951 Act having not been repealed by the 1970 Act, or till the Second Schedule is not amended derecognising the degree of GAMS, the degree of GAMS given by the State Faculty will remain intact. Under Section 17 of this Act, the Council shall establish a State faculty of ayurvedic and Unani medicines for the purposes of the Act which shall consist of a Chairman and the members enumerated in Clauses (a) to (d) of Section 17(1). Although the colleges were opened in the year 1992 without the authority or the permission of the State Government as required under the Act, no steps have been taken by the State of Bihar, and the students admitted in the two institutions which were affiliated with the Faculty were conferred with the GAMS degree. The Second Schedule provides for the recognised medical qualifications i.e degrees/diplomas, awarded by the States/boards/faculties/universities before the constitution of the Central Council of Indian Medicine. 28. Under Section 54 of the 1951 Act, the Council has framed regulations called the Bihar Development of Ayurvedic and Unani Systems of Medicines Regulations, 1959. Section 6 further provides that on completion of the inspection the State Government in the Health Department will seek permission of the Government of India and CCIM of India for granting permission to the starting of the course of medical studies in indigenous system of medicine by the applicant. Students who desire to take admission in salfia unani medical college & Hospital in academic session 2020-21 should apply on their website. Bihar Registration of Vaidyas, Hakims, Surgeons and Midwives (Maintenance of Register) Rules, 1953. Central Council for Research in Siddha was established as per the cabinet approval by bi-furcating the erstwhile Central Council for Research in Ayurveda and Siddha to promote focused research in Siddha system of Medicine. Under Section 54 of the 1951 Act, the Council has framed regulations called the Bihar Development of Ayurvedic and Unani Systems of Medicines Regulations, 1959. Join Facebook to connect with Hakeem Ayurvedic and others you may know. It is urged by the learned counsel for the appellants that the colleges which are affiliated to the Faculty under the 1951 Act do not require any approval from the State Government to start or to continue the educational institution or to run the courses of study in indigenous system of medicine leading to the degree, diploma, etc., as included in the Second Schedule of the 1970 act, as the 1951 act is a self-contained code. Medical colleges opened on or before the coming into force of the amending Act of 2003 are necessarily required to take permission within three years to save the recognised medical qualification of the students. So the colleges or the institutions which want to impart education in the indigenous system of medicine have not only to follow the conditions laid down by the Faculty or the Council under the 1951 Act, but also under the 1982 Act. Act viz. Get 2 points on providing a valid reason for the above 14. Judgment: P.P. We Are Recognized by: Central Council of Indian Medicine & approved by Department of AYUSH, Ministry of health & family welfare, Government of India, New Delhi And State Government of Bihar. (See Collector of Customs v. Digvijaysinhji Spg. (d) Medium of instructions and books studied. The non obstante clause clearly indicates that a medical institution cannot be established except with the prior permission of the Central Government. The established colleges are also required to seek permission of the Central Government for the medical qualification to be recognised medical qualification but it would not mean that the already conferred medical qualification of the students studied in such previously established medical colleges would not be a recognised medical qualification under the 1970 Act. Under Clause (b) of Section 17(2), the Faculty is authorised to hold examination and grant certificates to, and confer degrees or diplomas on, persons who shall have pursued a course of study in the institutions affiliated to the faculty. Every registered practitioner should be careful to send to the Registrar immediate notice of any change in his address, and also to answer all inquiries that may be sent to him by the Registrar in regard thereto, in order that his correct address may be duly inserted in Register, otherwise under Section 27 of the Bihar Development of Ayurvedic and Unnai Systems of Medicine Act, 1951, such practitioner is liable to have his name removed from the Register. The 1951 State Act and the 1970 Central Act, 1970 Act. Hakeema. 7. 7. State Council of Ayurvedic and Unani Medicine is situated in Patna of Bihar state (Province) in India. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. Such officer may be empowered to close down the institution and to lock and seal it. 38. (Caste Cert. In the event of the Registration being refused, the registration fee of ten rupees shall after deducting the money order commission be refunded to the applicant. 12. Section 13-A(1) prohibits any person to establish a medical college; and a medical college to open a new or higher course of study or training including a postgraduate course of study or training, which would enable the students of that medical college for the award of any recognised medical qualification or to increase its admission capacity except with the previous permission of the Central Government obtained in accordance with the provisions of Section 13-A. v. Mac Laboratories (P) Ltd. The society will be set up as part of the Centre’s National Ayush Mission and registered under the Society Registration Act. Section 2(ea) of the 1970 Act defines “medical college” to mean a college of Indian medicine where a person undergoes a course of study or training which will qualify him for the award of a recognised medical qualification. Further, in State v. Sat Ram Dass AIR 1959 Punj 497, the Punjab High Court held that: (AIR p. 498, para 4). 9. P.P Naolekar, J.— The brief facts of the case are that six petitioners in CWJC No. Central Council Act, 1970 (for short the 1970 Act), Central Council (Amendment) Act, 2003 (58 of 2003), sub-section (1), the provisions of Section 13-B, provisions of Sections 13-A, 13-B and 13-C, Parliament.19. 4643 of 2003), Dr. Sudhir Kumar Singh & Ors. A fee of five rupees shall be levied for the registration of a practitioner whose name has been removed from the Register under Section 27. 58. The 1970 Act read with regulations made thereunder prescribes course for conferment of a degree of BAMS by a university, whereas the 1951 Act prescribes course for conferment of a GAMS degree by the State Faculty. Find Government Medical Colleges In Bihar Accepting Neet. Section 13-B postulates that where any medical college is established or an established medical college opens a new higher course of study or training or where any medical college increases its admission capacity in any course of study or training without the permission of the Central Government, the medical qualification granted to any student of such medical college or the higher course of study or training or admission in the increased capacity in any course of study, would not be a recognised medical qualification for the purposes of the Act. 36. 7253 of 1998, filed another letters patent appeal which was registered as LPA No. This data has been provided by www.punjabcolleges.com. In case of continuing contravention, such person shall be liable to pay a further fine which may extend to Rs 1000 per day after the date of the first conviction for the period during which he is proved to have persisted in such contravention. The Bihar Indigenous Medical Educational Institution (Regulation and Control) Ordinance, 1981 which provides for regulation and control of educational institutions of indigenous system of medicine in the State of Bihar was promulgated on 16-11-1981. Section 13-A nowhere provides that the students who have studied in the medical college would be eligible to seek permission of the Central Government under that section. Under Section 17 of this Act, provisions of the 1981 Ordinance or the 1982 Act. 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