31. 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. (Caste Cert. 52. 40. 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. On these findings being arrived at by the Division Bench, no merit was found in the LPAs and the writ petition, which were dismissed by the Division Bench. As per the Second Schedule of the 1970 Act, a Central Act, which contains Statewise entries, Entries 6 to 9-A relate to the institutions/universities of Bihar which recognise GAMS degree under Entry 6 from 1953 onwards. Welcome to the National Ayurvedic Medical Association. change. The applicant must fill in the form in his own handwriting. The decision of the Faculty shall be communicated to the institution concerned as soon as possible. Section 37 of this Act authorises the Council to establish educational institutions, prescribe courses of study, etc. Whereas, it is the submission of the learned counsel for the respondents that after the Ordinance of 1981 and the Act of 1982 came into force, all colleges which are affiliated to the Faculty or which have to be opened after the Ordinance of 1981 and the Act of 1982 came into force, require permission of the State Government for opening or continuing the colleges or institution running the colleges, imparting education in indigenous system of medicine. It is an admitted fact before us that the writ petitioners have studied from Ramjee Prasad, Ram Kumari Devi @ Marni Devi Ayurvedic Medical College & Hospital, Fatuha and Shrihari Shakuntalayam Ayurvedic Medical College, Muzaffarpur, Bihar. 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. Aggrieved by the order dated 12-12-2001 passed by the Division Bench in the LPAs and the WP, the appellants, namely, Bihar State Council of Ayurvedic and Unani Medicine (in Civil Appeal No. 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. 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). 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. 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. This section prohibits admission of the students in such institutions till the grant of permission by the Government. 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. 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. 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. Shri.......................has been registered under the Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951 as.........................on at Patna. 42. 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. It is equally well settled that within two constructions that alternative is to be chosen which would be consistent with the smooth working of the system which the statute purported to be regulating and that alternative is to be rejected which will introduce uncertainty, friction or confusion into the working of the system. The petitioners sought relief that they be permitted to fill up the forms and to take part in the examination and further for declaration that GAMS degree granted by the Faculty was equivalent to BAMS degree granted by a recognised university of the State. 45. For the State of Bihar, Item 6 of the Second Schedule reads as under: 22. Before confirming, please ensure that you have thoroughly read and verified the judgment. Couselling for admission in 2020-21 will be conducted by Bihar Combined Entrance Competitive Examination Board. (d) Medium of instructions and books studied. Bihar: Dr. Arvind Kumar Sinha (Chairmen) Dr. Hudda: 9431201036: sharmadhananjaya@gmail.com: The Registrar State Council of Ayurvedic & Unani Medicine, K-52, Hanuman Nagar, PO. Preamble to the Ordinance reads as under: 30. P.P Naolekar, J.— The brief facts of the case are that six petitioners in CWJC No. 463 of 2000 and the appellant in Civil Appeal No. 12. Similar requirement is to be fulfilled by the new medical colleges opened i.e to seek permission of the Central Government for the medical qualification to be recognised qualification. Section 7 postulates that to all private medical colleges and medical institutions in indigenous system of medicine, preparing or intending to prepare students for study in indigenous system of medicine leading to degree, diploma, etc. No Registration in State Council of Ayurvedic & Unani Medicine Bihar. Another writ petition being CWJC No. Council of Ayurvedic and Unani Medicines, Bihar. 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). 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? By virtue of Section 9, the institutions which have been functioning without prior permission or approval of the State Government are required to apply for such permission within a period of one month from the date of coming into force of the 1982 Act. 1. Please log in or sign up for a free trial to access this feature. Pandey, Sudhanshu Saran, Ms Ranjana Narayan, Ms Shefali Jain, Ranjan Mukherjee, S.C Ghosh, M. Qamaruddin, Ms M. Qamaruddin, Ambar Qamaruddin, Anukul Raj, Gopal Singh, Rituraj Biswas, Shrish Kumar Misra and Navin Prakash, Advocates) for the appearing parties. On their failure, the medical qualification conferred on the students shall come to naught. It is then contended by the learned counsel for the State that after the coming into force of the Indian Medicine Central Council (Amendment) Act, 2003 (for short “the Amending Act”) on 7-11-2003, if any medical college established on or before the commencement of the amending Act does not seek permission of the Central Government within the period of three years from the said commencement, the medical qualification granted to any student of such medical college shall not be deemed to be a recognised medical qualification for the purposes of the 1970 Act. 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. The Court was also concerned with the fate of the students who had been conferred GAMS degree by a body created under the 1951 Act and the degree has been saved by recognising it under the 1970 Central Act. Tiwari: 0771-2242888 : Dr. Sanjay Shukla : 9425213277: vnprpgupta@gmail.com registrar@cgaupcb.in The 1982 Act has been made applicable to all private medical colleges and medical institutions which are not permanently affiliated to any university in the State of Bihar. 17. 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. 41. Such certificates shall be in, On application for a duplicate certificate, a certificate in. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. The memorandum of an appeal by a person aggrieved by the decision of the Registrar regarding registration of any person or the making of any entry in the Register shall state the grounds on which the registration or entry is challenged and shall be presented to the President of the Council personally or sent to him under a registered post. Get 1 point on adding a valid citation to this judgment. Application For Registration. On the pleadings of the parties, the High Court considered the case on the aspect whether the Faculty under the 1951 Act has unqualified right to grant affiliation to such institutions or colleges which are not following the BAMS course prescribed by CCIM through the Regulations under the 1970 Act and further whether the provisions of the 1982 act which seek to regulate institutions imparting training in Ayurvedic and Unani Systems of Medicine shall cover and regulate even those institutions which have been granted affiliation by the Faculty. Introduction to this Act reads as under: 19. When a degree has been legally conferred on the students prior to the commencement of the amending Act of 2003, it shall be treated as a recognised degree although the medical college has not sought permission of the Central Government within a period of three years from the commencement of the amending Act of 2003. 7. 4644-45 of 2003, Civil Appeal No. Admission 2020-21. 9. The 1951 State Act with its Rules and Regulations is a complete code for recognising and granting affiliation to indigenous medical institutions by the Faculty, provide the course of study in the institutions and regulate the functioning of the institutions affiliated to the Faculty. 25. course at postgraduate level, and only the course prescribed by CCIM is to be conducted by the universities and the prescribed degree can only be awarded by them as per the 1970 Act. Thus, new colleges or existing colleges cannot any more grant a recognised qualification without the sanction of the Central Government. The relevant Sections are enumerated herewith; Maharashtra Medical Council Act, 1965 . 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. 463 of 2000. The society will be set up as part of the Centre’s National Ayush Mission and registered under the Society Registration Act. However, we make it clear that any body, agency, college or institution which has not sought permission from the State Government would not be granted affiliation by the Faculty under the 1951 Act and the State Government shall take appropriate steps under the 1982 Act if any body, agency, college or institution is/are functioning without the permission of the State Government as required under the 1982 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]. ... state council of ayurvedic and unani medicines bihar patna … 59. 15. 53. The effect of the amendment brought about is clear to us that all the medical colleges which are in existence or the medical colleges which have to be established should compulsorily seek permission of the Central Government within the period provided and on failure to get the permission of the Central Government the medical qualification granted to any student of such medical college shall not be a recognised medical qualification for the purposes of the 1970 Act. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. (b) The name of institution or teacher (with address). Section 13 of the Act further authorises the State Government to authorise any officer to enter into the premises of the institution contravening the provisions of the 1981 Ordinance or the 1982 Act for the purposes of inspection and carrying into effect the provisions of the Ordinance or the Act. v. Mac Laboratories (P) Ltd. 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. The Council shall re-enter in the Register if it deems fit, the name of any person which may have been removed therefrom under Section 27 of the Act, but no application for the restoration to the Register of the name of a person which has been removed under Section 27 shall be entertained, unless it is accompanied by a declaration made by the applicant setting forth the facts of the case, and stating that he is the person originally registered, and unless it is accompanied also by a certificate as to his identity from two practitioners registered under the Act or, in his case of an applicant residing abroad, a certificate as to his identity signed by two persons, who shall be Magistrates or officers of a Gazetted rank serving in the Civil or Defence services of Government or two resident practitioners registered under the 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. 4643 of 2003), Dr. Sudhir Kumar Singh & Ors. 4643 of 2000) is empowered to confer a degree of Graduate in Ayurvedic Medicine and Surgery (GAMS) from 1953 onwards. 4644-46 of 2003) and Ashok Kumar Singh & Ors. The admission for B.A.M.S. Under Section 17 of this Act, provisions of the 1981 Ordinance or the 1982 Act. (See Collector of Customs v. Digvijaysinhji Spg. 17. After reading the provisions of the Act, it is apparent to us that the 1982 Act is supplementary to the 1951 Act. It is one of the Professional councils under University Grants Commission (UGC) to monitor higher education in Indian systems of medicine, including Ayurveda, Siddha, Unani and Sowa-Rigpa. and which have not been permanently affiliated to any university in the State of Bihar, the provisions of the 1982 act shall apply. 49. 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. 60. The 1951 Act although provides for the inspection of the institutions which have to be affiliated to the Faculty, does not lay down that the conditions laid down by CCIM are to be followed and adhered to. Degree conferred by a university and degree conferred by a faculty are different for which separate courses have been prescribed. Section 13-A or Section 13-B or Section 13-C nowhere contemplate moving of an application by the students to take steps under Section 13-A. Check the college admission criteria, courses, cut-off, fees, placement, ranking, reviews, articles and news. Bihar Indigenous Medical Educational Institution (Regulation and Control) Act, 1982 (for short the 1982 Act). Section 15 gives authority to the State Government to seize the accounts of an institution contravening the provisions of the Act. DrMurthuza Hakeem. Sub-section (2) of Section 17 provides: it shall be the duty of the Faculty to prescribe the course of study and curricula for general instructions, or special refresher courses, in institutions affiliated to the Faculty. 28. The judgment of the learned Single Judge in CWJC No. 10 and also an adhesive stamp of. Find here Ayurvedic Medicine suppliers, manufacturers, wholesalers, traders with Ayurvedic Medicine prices for buying. 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. ; non-recognition of medical qualifications in certain cases; and time for seeking permission of the Central Government for certain existing or new medical colleges. 48. The Faculty is also authorised to conduct examinations and confer degree of GAMS. For obtaining permission as required under Section 13-A, every person or medical college is required to submit a scheme in such form with requisite fee, containing such particulars as provided under sub-section (3) of Section 13-A. Find Government Medical Colleges In Bihar Accepting Neet. column 3 (iv) i.e. 4646 of 2003) are before us by special leave. 7253 of 1998 and held that the Faculty has been created under the 1951 Act, much prior to the promulgation of the 1982 Act, the powers under the 1951 Act of granting GAMS degree by the Faculty is also recognised under the 1970 Central Act as per the Second Schedule thereof. 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 Central Government on receipt of such application may require the applicant to submit such other particulars as may be considered necessary. The Division Bench agreed with the reasoning adopted by the learned Single Judge in CWJC No. 50. 7253 of 1998 and held that under the scheme of the 1970 Act as well as the Bihar Indigenous Medical Educational Institution (Regulation and Control) Ordinance, 1981 which was replaced by bihar act 20 of 1982, CCIM was authorised to prescribe the course of studies in the system of medicine so that the Indian system of medicine may maintain uniformity and standard of teaching all over the country, which has been sought to be achieved by the Regulations framed under the 1970 Act. 37. Click here to remove this judgment from your profile. ... Ayurvedic Medicine Manufacturers in Bihar - Bihar is located in the eastern part of India. 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. If the permission is refused, the institution will be closed down. Regulation 16 thereof provides for courses of study for the degree (Graduate of Ayurvedic Medicine and Surgery, GAMS). Three years after issuing an order allowing practitioners of AYUSH (Ayurveda, Yoga, Unani, Siddha, and Homoeopathy) appointed at primary … 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. 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. It was held that when the petitioners who obtained GAMS degrees had studied in the educational institutions which have not followed course prescribed by CCIM, the statutory Central authority, and further when such institutions have been run in total contravention and violation of the 1982 Act, they are not entitled to for issuance of any writ from the Court. 7253 of 1998 was challenged by filing LPA No. It was held that the State Authorities under the 1982 Act have rightly taken the follow-up action. 2. The Indian Medicine Central Council Act, 1970 (the Central Act) provides for constitution of a Central Council of Indian Medicine (CCIM) and the maintenance of a Central Register of Indian Medicine and for matters connected therewith. (8) (a) Place, period and method by which instructions in Ayurvedic or Unani courses of studies were taken. I submit the following facts for the information of the Council in this connection:-. Central Council of Indian Medicine (CCIM) is a statutory body under Ministry of AYUSH, Government of India, set up in 1971 under the Indian Medicine Central Council Act, (Act 48) which was passed in 1970. However, as per sub-section (2) of Section 13-C, if any person or medical college fails to seek permission within three years of commencement of the Act, qualification granted to any student of such medical institution shall not be a recognised medical qualification and it shall be deemed that permission to open or start a new course or increase strength of students was refused by the Central Government. In series of judgments of this Court, these exceptional situations have been provided for. The amendment brought about in the Indian Medicine Central Council Act, 1970, in 2003 by introduction of Sections 13-A, 13-B and 13-C are the provisions for continuance of the institution which has not obtained prior permission of the Central Government and, therefore, time-limit of three years has been provided under Section 13-C to regularise the institution's affairs as required under the Act by seeking permission of the Central Government. See Photos. Section 13-C(2) further provides that the medical qualification granted by existing colleges whose establishment has not been recognised by the Central Government, the medical qualification would not be a recognised qualification. A money order of Rs. Sub-sections (2), (3), (4), (5), (6), (7), (8) and (9) of Section 13-A, Central Council (Amendment) Act, 2003, particularly Sections 13-A, 13-B and 13-C, Central Council (Amendment) Act, 2003 (for short the Amending Act). 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. Address..........................Registrar. I hereby certify that Shri .....................has been registered under the Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951 as .......................on at Patna. & Wvg. In case of any confusion, feel free to reach out to us.Leave your message here. the Bihar Indigenous Medical Educational Institution (Regulation and Control) Act, 1981 (Act 20 of 1982). 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