Updated: Monday March 28, 2016/AlEthnien
Jamada El Thaniah 19, 1437/Somavara
Chaitra 08, 1938, at 04:43:55 AM
The Unani,
Ayurvedic and Homoeopathic Practitioners Act, 1965
1ACT No. II OF
1965
[28th January
1965]
An Act to regulate the
qualifications and to provide for the registration of practitioners of Unani,
Ayurvedic and Homoeopathic systems of medicine.
2 [WHEREAS it is expedient to
promote and popularise the Unani, Ayurvedic and Homoeopathic systems of
medicine, to regulate education and research in, and to provide for the
registration of practitioners of, those systems of medicine;]
AND WHEREAS the national
interest of
It is hereby enacted as follows:---
PART I
PRELIMINARY
1. Short title, extent and commencement.__ (1) This Act may be called the
Unani, Ayurvedic Homoeopathic Practitioners Act, 1965.
(2)
It extends to the whole of
3[(3) It shall come into force on
the twenty first day of July, 1965.]
1For Statement of Objects and
Reasons, see Gaz. of P., 1964, Ext. p. 158b.
2 Subs. by the Unani, Ayurvedic and Homeopathic Practitioners
(Amdt.) Ordinance, 1978 (22 of 1978),s.2. for first paragraph.
3 Subs. and shall be deemed always to have been so subs. by
Unani, Ayurvedic and Homeopathic Practitioners (Amdt.) Ordinance, 1966 (2 of
1966),s.2, for the original sub-section (3).
2. Definitions.-In this Act, unless there is anything repugnant the subject or
context,-
(a) “approved” means approved by the 1[
Federal Government] on the recommendation of the 2[Council];
3 [(b) “Committee” means the Committee
appointed by the Council;
(bb) “Council” means the National
Council for Tib or, as the case may be, the National
Council for Homoeopathy, established under section 3;]
(c) “Homoeopathy” means the
Homoeopathic system of medicine 4[including
the Bio-Chemic system of medicine,] and “Homeopath” means a practitioner of
Homoeopathy 5[or
the Bio-Chemic system of medicine] ;
[(cc) “list” means the list of
Homoeopaths prepared under section 27 as that list existed immediately before
the commencement of the Unani Ayurvedic and Homoeopathic Practitioners
(Amendment) Ordinance, 1978, and “listed” shall be construed accordingly;
(ccc) “Meeting” means Meeting of the 2[Council]
;
(cccc) “misconduct” means conduct
contrary to the provisions of this Act, the rules and regulations made under
this Act and the Code of Ethics adopted by the 2[Council]
;
(d) “prescribed” means prescribed by
rules or regulations made under this Act ;
(e) “President” means the President
of the 2[Council];
5[(ee) “qualified” means qualified from any approved or
recognized teaching institutions imparting instruction in the Unani, Ayurvedic
or Homoeopathic system of medicine;]
1Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government” .
2 Subs. by the Unani, Ayurvedic and Homoeopathic Practitioners
(Amdt.) Ordinance, 1982 (27 of 1982), s. 5 for “Board”.
3Subs. ibid., s. 2. for cls.
(b) and (bb) which were previously amended by various enactments.
4 Ins. by the Unani, Ayurvedic and Homoeopathic Practitioners
(Amdt.) Ordinance, 1978 (22 of 1978), s.3.
5Added ibid.
(f) “recognized” means recognized by
the 1[Federal
Government] for the purposes of this Act;
(g) “register” means a register of
practitioners of the Unani or Ayurvedic or Homoeopathic system of medicine
maintained under this Act ;
(h) “registered practitioner” means
a practitioner whose name is for the time being entered in a register;
(i) “Registrar” means the Registrar
of the 2[Council]
;
(j) “Tabib” means a practitioner of
the Unani system of medicine ;
(k) “Unani and Ayurvedic systems of
medicine” means the Unani Tib and Ayurvedic (including the Siddha)
system of medicine, whether supplemented or not by such modern advances as the 2[Council]
may, from time to time, determine;
(l) “Vaid” means a practitioner of
the Ayurvedic system of medicine 3[
; ]
4 [(m) ‘Vice-President’ means
Vice-President of the 2[Council].
3. Establishment and
incorporation of 2[Councils].__ (1) As soon as may be after the
commencement of this Act, the 1[Federal
Government] shall, by notification in the official Gazette, establish a 5[Council
to be called the National Council for Tib] and, by a like
notification, 6[another
Council to be called the National Council for Homoeopathy] for the purposes of
this Act.
(2) Each of the two 2[Councils]
shall be a body corporate, having perpetual succession and a common seal, and
shall, by its name as specified in sub-section (1), sue and be sued.
1Subs. by F.A.O., 1975, Art. 2
and Table for “Central Government”.
2Subs. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.) Ordinance, 1982 (27 of 1982), s. 5 for
“Board” and “Boards” respectively.
3Subs. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amendment.) Ordinance, 1978 (22 of 1978).
4 Added ibid.
5Subs. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.) Ordinance, 1979 (66 of 1979), s. 3, for
certain words.
6 Subs. by Ord. 27 of 1982, s.3, for certain words which were
previously amended by Ord. 66 of 1979, s. 3, for “another”.
2 [4. Composition of the National
Council for Tib.— (1) The National Council for Tib shall consist of the following
members, namely :-
(a) four members, being qualified
and registered practitioners of the Unani system of medicine, to be nominated
by the Federal Government after consulting the Provincial Government concerned
of whom one shall be from each Province;
(b) eleven qualified members, to be
elected from amongst themselves by the registered practitioners of the Unani
system of medicine, of whom five shall be from the Punjab, three from Sindh,
two from the North-West Frontier Province and one from Baluchistan;
(c) two members, to be elected from
amongst themselves by the teachers of all the recognized institutions of the
Unani or Ayurvedic system of medicine.
(d) one member, to be elected from
amongst themselves by the registered practitioners of the Ayurvedic system of
medicine; and
(e) four members, to be nominated by
the Federal Government, of whom one shall be a scientist 3[from
the relevant field], 4[and
one Deputy Secretary (Budget) Ministry of Health] 3[who
shall also be Chairman of the Finance Committee].
(2) Notwithstanding anything
contained in sub-section (1), for the purpose of constituting the National Council
forTib for the first time :-
(a) the members required to be
elected under clauses (b) and (c) shall be nominated by the Federal Government
from amongst the registered practitioners of the Unani system of medicine;
(b) the member required to be
elected under clause (d) shall be nominated by the Federal Government from
amongst the registered practitioners of the Ayurvedic system of medicine; and
(c) for the members nominated under
clauses (a) and (e) the Federal Government shall nominate fresh members in accordance
with the provisions of those clauses.]
1Subs., by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Ordinance, 1982, (27 of 1982), s. 5,
for “BOARDS” and Boards respectively.
2Subs. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.) , Ordinance, 1979. (66 of 1979), s. 4,
for section 4 which were previously subs. by Ord. 22 of 1978, s. 4, for the
original sections 4 and 5.
3Ins. and added by Ord. 61 of
02, s.2.
4Added by Ord. 4 of 02, s. 2.
5. Composition of the 1[National Council for
Homoeopathy.] The 1[National
Council for Homoeopathy] shall consist of the following members namely :-
(a) four members, being registered
Homoeopaths, to be nominated by the Federal Government after consulting the
Provincial Government concerned, of whom one shall be from each Province;
(b) eleven members, to be elected
from amongst themselves by registered and listed Homoeopaths, of whom five
shall be from the Punjab, three from Sindh, two from the North-West Frontier
Province and one from Baluchistan;
(c) two members, to be elected from
amongst themselves by the teachers of recongnised institutions of Homoeopathy;
and
(d) four members, to be nominated by
the Federal Government, of whom one shall be a scientist 2[from
the relevant field] 3[and
one Deputy Secretary (Budget), Ministry of Health] 2[who
shall also be the Chairman of the Finance Committee].
6. The President. The President 4[and
Vice-President] shall be elected by the members of the Board from amongst
themselves:
5* * * * * * *
7. Elections. Elections under this Act shall
be held at such time and place and in such manner as may be prescribed by
rules.
8. Publication of names. etc. The 6[Federal
Government shall publish in the official Gazette the names of the President 4[,
the Vice-President] and other members of the 7[Council]
together with the dates on which such members are elected or nominated.
9. Term of office of members.— (1) the members of the 7[Council]
shall be nominated or elected, as the case may be , in such manner and for such
term as may be prescribed by rules.
3 [(2) Every member of the Council
shall, subject to the other provisions of this Act and as may be prescribed by
rules, hold office for the prescribed term and cease to hold office at the
expiry thereof.]
(3) Members shall be eligible
for re-nomination or re-election to the 7[Council]
on the
expiry of the prescribed term.
1Subs. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.) , Ordinance, 1982 (27 of 1982), s. 4,
for certain words.
2Ins. added by Ord. 61 of 02
s.3.
3Added and subs. by Ord. 4 of
02, ss.3-4.
4Ins. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.) , Ordinance, 1978 (22 of 1978), ss, 5, 6
and 7.
5Proviso omitted ibid., s.5.
6Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
7Subs. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.) , Ordinance, 1982 (27 of 1982), s. 5,
for “Board”.
[(4) If a vacancy in the office
of 2[President,
Vice-President or] a member occurs during the prescribed term, through death,
resignation, disability or otherwise, the vacancy shall be filled in accordance
with the provisions of this Chapter .]
3(5) The election or nomination
of the members of the Council shall be held at least three months prior to the
expiry of the prescribed tenure of the Council and expenditure on election shall
be borne by the respective Council and if, at any ti9me, the Council ceases to
exist on expiry of its prescribed tenure, all powers and functions of the
Council shall, till constitution of new Council or for a period of one year, be
exercised and performed by such person or authority as may be appointed by the
Federal Government in this behalf as if such person or authority were the
Council.]
10. Vacancies not to invalidate
proceedings of 4[Council]. No act or proceedings of the 4[Council]
shall be invalid merely on the ground of the existence of any vacancy in or any
defect in the composition of the 4[Council].
5 [11. Resignation by President
etc. The President, Vice-President or any member may at any time resign
his office by a letter addressed to the Registrar, and such resignation shall
take effect from the date it is accepted by the4[Council].
12. Declaration of vacancies. If any member, during the term of his office,__
(a) absents himself, without such
reason as may in the opinion of 3[Council]
be sufficient, from three consecutive ordinary meetings of the 4[Council],
or
(b) becomes subject to any
of the disqualifications mentioned in section 13, the 4[Council]
shall declare his office vacant.
13. Disqualification of members.— 1[(1)]
No person shall be a member of the 4[Council]
if:-
(a) he is an undercharged insolvent.
(b) he has been
adjudicated by a competent court to be of unsound mind;
(c) he has at any time
been convicted of an offense which in the opinion of the 6[Federal
Government] involves moral turpitude; or
(d) his name has been
removed from the register.
1[(2) If at any time it appears
to the Federal Government that any member of the Council has failed to exercise
or has exceed or abused any power conferred upon him as a member of the Council
any committee or examining body appointed under sub-section (3) of section 22,
may, if satisfied that such failure, excess or abuse has adversely affected the
efficient conduct of such member in achieving the objectives of this “Act and
after giving him an opportunity of showing cause against the action proposed to
be taken, by notification in the official Gazette, disqualify him from the
membership of the council or, as the case may be, committee or examining body.]
1Subs, Remembered by Ord. 4 of
02, ss.4,5.
2Ins. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Ordinance, 1978. (22 of 1978), ss. 5, 6
and 7.
3Added by Ord. 61 of 2002, s. 4
4Subs. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Ordinance 1982 (27 of 1982) s. 5 for
“Board”.
5Subs. by Ordinance 22 of 1978
s. 8. for section 11.
6Subs. by F.A.O. 1975, Art. 2
and Table, for “ Central Government”.
14. Functions of the Council. The following shall be the functions of the 7[Council],
namely:-
(a) to consider applications for
recognition under this Act made by institutions imparting or desiring to impart
instruction in the system of medicine with which the 7[Council]
is concerned;
(b) to secure the maintenance of an
adequate standard of 1[education]
in recognized Institutions;
(c) to make arrangements for the
registration of duly qualified persons in accordance with the provisions of
this Act ;
2[(cc) to appoint committees or
sub-committees, each having due representation of all the Provinces, for a
specific period, to perform any specified function connected with the functions
of the 3[Council];
(d) to provide for research in the
system of medicine with which the Council is concerned; and
(e) to do such other acts and things
as it may be empowered or required to do by this Act or the rules.
15. Meeting of the Council.— (1) the 3[Council]
shall meet at such time and place, and every meeting of the3[Council]
shall be summoned in such manner, as may be prescribed by regulations:
Provided that, until such
regulations are made, the President may summon a meeting of the 3[Council]
at such time and place as he may deem expedient by notice addressed to each
member.
4 [(2) The President and, in his
absence, the vice-president, shall preside at every
(3) Except as hereinafter
provided, all questions at meeting of the 3[Council]
shall be decided by a majority of the votes of the members present.
(4) 5[Eight]
members of the 3[Council]
shall form a quorum.
(5) At every meeting of the 3[Council]
the 6[person
presiding shall, in addition to his vote as a member of the3[Capcouncil],
have a second or casting vote in case of an equality of votes.
1Subs. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Ordinance, 1978 (22 of 1978), s. 10,
for “efficiency”
2Ins.ibid.
3Subs. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Ordinance, 1982 (27 of 1982), s.5, for
“Board”.
4Subs. by Ord. 22 of 1978, s,10
for sub-section (2).
5Subs. ibid, 10, for “seven”.
6Subs.ibid, for “President for
the time being”.
7Subs. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Ordinance 1982 (27 of 1982) s. 5 for
“Board”.
[16. Officer of the Council and
their pay and allowance.— (1) The Council shall, with the previous approval in writing of
the Federal Government, appoint a Registrar and Controller of Examination on
such terms and conditions as may be determined by the Federal Government and
may appoint a person to act in his place during his absence on leave.
(2) An order of the Council
appointing, punishing or removing the Registrar and Controller of Examination
from office shall not take effect unless confirmed by the Federal Government in
writing.]
(3) The Registrar shall be
Secretary to the 2[Council]
and shall exercise such powers and perform such duties as may be prescribed by
regulations.
(4) The 2[Council]
may appoint such other officers and servants on such terms and
conditions as the 2[Council]
may, with the previous approval in writing of the 3[Federal
Government] determine.
(5) The Registrar and all other
officers and servants of the 2[Council]
shall be deemed to be public servants within the meaning of Section 21 of the
Pakistan Penal Code.
CHAPTR-II
TEACHING
INSTITUTIONS AND EXAMINATIONS
17. Recognition of institutions.— (1) Any institution imparting
or desiring to impart instruction in the Unani, Ayurvedic or Homoeopathic
system of medicine 4[according
to the courses prescribed by rules] may apply for recognition under this Act.
(2) An application for
recognition shall be addressed to the Registrar of the 2[Council]
Concerned 5[shall
be accompanied by the fees prescribed by the rules] and shall contain full
information in respect of the following matters, namely:-
(a) the constitution and personal of
the managing body of the institution,
(b) the subject and courses in which
it imparts or proposes to impart instructions;
(c) the equipment possessed by the
institution and the number of students for whom accommodation and other
provision has been or is proposed to be made;
1Subs. by Ord. 61 of 2002, s.
5.
2Subs. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Ordinance 1982 (27 of 1982) s. 5 for
“Board”.
3Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
4Ins. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Ordinance 1978 (22 of 1978, s.11.
5Ins. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Act, 1968 (10 of 1968), s. 2.
(d) the strength and particulars of
its staff, their salaries, qualifications and the research work to their
credit;
(e) The fees levied or proposed to
be levied and the financial provision made for capital expenditure on buildings
and equipment and for the continued maintenance and efficient working of the
institution.
(3) The Registrar shall place
the application before the 1[Council],
and the 1[Council]
may direct the Registrar to call for any further information which it may
consider necessary, and may also direct a local inquiry to be made by competent
person or persons authorized by it in this behalf
(4) After considering the report
of such local inquiry, if any and making such further inquiry as may appear to
it to be necessary, the 1[Council]
shall forward the application together with its recommendation whether the
recognition asked for should not be granted, to the 2[Federal
Government] which may, 3[after
making inspection, if necessary, at its own or through the Provincial
Government concerned,] by order, grant or refuse to grant recognition and the
grant of recognition may be subject to such terms and conditions, if any, as
may be specified in the order.
18. Maintenance of standard of
efficiency.—
(1) It shall be the duty of the 1[Council]
to secure the maintenance of an adequate standard of efficiency in recognized
institutions.
(2) For the purpose of securing
such standard, the 1[Council]
may__
(a) from time to time call upon any
recognized institution to furnish such particulars as the 1[Council]
may require of any course of study provided or examination conducted by such
institution, and
(b) Appoint inspectors from amongst
the registered practitioners to attend and be present at all or any of the
examination conducted by such institution prior to the qualifying examination.
(3) The inspectors shall not
interfere with the conduct of any examination, and their duty shall be to
report to the1[Council]
their opinion as to the sufficiency or otherwise of every examination which
they attend, and any other matter in relation to such examination on which the 1[Council]
may require them to report.
1Subs. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Ordinance, 1982 (27 of 1982), s. 5, for
“Board”.
2Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
3Ins. by Ord. 4 of 02, s.6.
(4) The 1[Council]
shall arrange periodical inspection of recognized institutions and supervision
of the examinations conducted by such institutions, through inspectors to be
appointed by the 1[Council],
and shall pay such salaries and allowances and traveling expenses to the
inspectors as may be approved by the 2[Federal
Government].
19. Withdrawal of recognition.— (1) The 1[Council]
when it thinks fit may, and when required to do so by the2[Federal
Government] shall, make an enquiry whether any recognized institution should
cease to be a recognized institution.
(2) If, on making such an
enquiry, and after considering all such information and reports as are referred
to in the preceding section, and making such further inquiry as may appear to
it to be necessary, the 1[Council]
is satisfied that the 3[education]
provided or the examinations conducted by a recognized institution are not such
as to secure and adequate standard of efficiency for the practice of the system
of medicine taught in the institution, it shall submit a report to the 2[Federal
Government] with its recommendation stating the reasons there for that the recognition
of the institution should be withdrawn and the 2[Federal
Government] may, on receipt of such report, make an order to be published in
the official Gazette, withdrawing the recognition of the institution.
Provided that no order under
this sub-section shall be made unless the institution concerned has been given
an opportunity to raise, within a specified time, the standard of the education
and examination to the satisfaction of the2[Federal
Government] and the institution has,in the opinion of the Federal Government,
failed to do so.
20. Duration of courses. 4[— (1)] The duration of the
course in recognized institutions of Unani or Ayurvedic System of Medicine
shall be four years and the course shall include the subjects prescribed by
regulations.
(2) The duration of diploma
course in recognized institutions of Homoeopathy shall be four years and the
course shall include the subjects prescribed by regulations.
21. Qualifications for admission
to institutions.— (1) The minimum qualifications required for admission to a
recognized institution of 5[Unani
or Ayurvedic System of medicine] shall be Matriculation 6[with
Science] or equivalent examination of any University or Education Board in
Pakistan established by or
1Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
2Subs. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Ordinance, 1978 (22 of 1978), s.12, for
“courses of study”.
3Re-numbered as sub-section (1)
ibid., s.13.
4Ins. ibid.,
5Subs. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Ordinance, 1982 (27 of 1982), s. 5, for
“Board”.
6Ins. by Ord. 61 of 02,s.6.
under any law 1[preference
being given] to those having higher qualification with Science and in the case
of admission to an institution of Unani system of medicine to a candidate
having one or more of the following additional qualifications, namely:-
(a) Adeeb.
(b) Adeeb Alim.
(c) Adeeb Fazil.
(d) Munshi.
(e) Munshi Alim.
(f) Munshi Fazil.
(g) Molvi.
(h) Molvi Alim.
(i) Molvi Fazil.
1[(2) The minimum qualification
required for admission to a recognized institution of Homoeopathy shall be
Matriculation or equivalent examination of any University or Education Board in
Pakistan established by or under any law but those with Intermediate or higher
qualifications 2[with
Science] shall be preferred.]
22. Qualifying examination.— (1) A qualifying examination
shall be held at least once in every year for the purpose of granting a diploma
conferring the right of registration under this Act.
(2) The examination shall be
held on the subjects prescribed by regulations and the right of appearing at
the examination shall be restricted to candidates who have undergone a course
of study in such subjects in the prescribed manner at a recognized institution.
2[(3) The examination shall be
held under the control of an examining body to be appointed by the Fedral
Government after consulting the Council. (4) The Chairprson of the examination
body shall be appointed by the Federal Government.]
1Added by the
the Unani, Ayurvedic and Homoeopathic Practitioners (Amdt.), Ordinance, 1978
(22 of 1978), s.13. 2Ins.
and Subs. by Ord. 61 of 2002, s. 7.
CHAPTER III
REGISTRATION OF
PRACTITIONERS
23. Registration how made.__
1* *
* * * * *
(3) Applications for
registration under this Act, shall be made in such form and on payment of such
fee as may be prescribed by rules.
(4) The 2[Council]
shall examine the applications received under this Section and after making
such enquiries as it thinks fit regarding the qualifications 1*
* * of the applicants and their professional efficiency direct the entry of the
names to be made in the register in accordance with the Provisions of this Act.
3 [24. Registration of Unani,
Ayurvedic and Homoeopathic Practitioners.— (1) Every person who passes
the qualifying examination in the Unani, Ayurvedic or Homoeopathic System of
Medicine from a recognized institution may apply for registration in the
respective register.
(2) Every person who is
registered medical practitioner within the meaning of the 4[Medical
and Dental Council Ordinance, 1962 (XXXII of 1962) and has taken to the practice of Homoeopathy
may apply for registration as Homoeopath.]
5 [(3) Notwithstanding anything
contained in sub-sections (I) and (2), the Federal Government may, if it deems
fit after consulting the Council, direct that a degree or diploma in the Unani,
Ayurvedic or Homoeopathic System of Medicine, as the case may be, granted by
any institution in or outside Pakistan shall be recognized on such conditions
as it may, by notification in the official Gazette, specify.
25. [Registration of Unani and Ayurvedic Practitioners in Category B.]
Omitted by the Unani, Ayurvedic and Homoeopathic Practitioners (Amdt.) Ordinance
1978 (XXII of 1978), s.16.
26. [Registration
of Hopmoeopathic Practitioners.] Omitted by the Unani, Ayurvedic and
Homoeopathic Practitioners (Amdt.) Ordinance, 1978 (XXII of 1978), s. 16.
27. [Listing of
certain Homoeopathic.] Omitted by the Unani, Ayurvedic and Homoeopathic
Practitioners (Amdt.) Ordinance, 1978 (XXII of 1978), s. 16.
28. Removal from register. etc.— The Council may direct that
the name of any practitioner who has been convicted of a cognizable offence or
who after due enquiry has been found guilty of misconduct shall be removed from
the register or the list 1*
* * if the offence or misconduct in the
1Subs-sections (1) and
(2)omitted. By the Unani, Ayurvedic and Homoeopathic Practitioners (Amdt.),
Ordinance, 1978 (22 of 1978), s. 14.
2Subs.by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Ordinance, 1982 (27 of 1982) s. 5, for
“Board”
3Subs. by ord 22 of 1978., s.
15 for section 24.
4Subs. by the Federal Laws
(Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and sch., II, for
certain words.
5Added.by ord. 4 0f 02, s.7.
6The words “maintained under
section 27” omitted by the Unani, Ayurvedic and Homoeopathic Practitioners
(Amdt.), Ordinance 1978 (22 of 1978), s.17.
opinion of the 1[Council]
discloses moral turpitude such as to render him unfit to practice his profession:
Provided, however, that no
action shall be taken by the 1[Council]
under this section unless the person convicted of the cognizable offence or
found guilty of misconduct has been given a reasonable opportunity to show
cause against the punishment proposed to be inflicted on him.
29. Cancellation or alteration
of entries in Register, etc.— The 1[Council]
may on its own motion or on information received from any person and after due
enquiry and giving an opportunity to the person concerned of being heard cancel
or alter any entry in the register or the list 2* * * if in the opinion of the 1[Council]
the entry was made fraudulently or improperly.
CHAPTER-IV
POWERS AND
DUTIES OF REGISTRAR
30. Maintenance of register, etc.— (1) Subject to any general or
special orders of the 1[Council]
it shall be the duty of the Registrar to keep the register and the list 2*
* * and to attend the meetings of the 1[Council].
(2) The register and the list
shall contain the name, residence and qualifications of
every practitioner registered or listed under this Act, and the
dates on which the qualifications
were acquired.
(3) The Registrar shall keep the
register and the list correct and up-to-date and shall, from time to time,
enter therein any alteration in the address and qualifications of the
practitioners, and remove there from the names of the practitioners who die or
whose names are directed to be removed in accordance with the provisions of
this Act.
(4) The 3[Federal
Government] may by rules prescribe any additional fee for any alteration in the
register due to additional qualifications.
(5) If the Registrar has reason
to believe that any registered practitioner or a person whose name is entered
in the list 2*
* * has ceased to practice or has changed his permanent address without due
intimation to him, he may write by registered post to such practitioner at the
address as entered in the register to enquire whether he has ceased to practice
or has changed his residence and, if within six months no reply is received,
the Registrar may remove the name of such practitioner from the register:---
1Subs. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Ordinance, 1982 (27 of 1982), s. 5, for
“Board”.
2Certain words omitted by the
Unani, Ayurvedic and Homoeopathic Practitioners (Amdt.), Ordinance, 1978 (22 of
1978), ss. 18 and 19.
3Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
Provided that the 1[Council]
may, at any time on the application of the practitioner whose name is removed
under this sub-section, order that the name of such practitioner be re-entered
in the register.
31. Publication of List.— (1) The Registrar shall ,in
every 2[fourth]
year, on or before a date to be fixed by the1[Council]
cause to be published a correct list of the names and qualifications of all
practitioners for the time being entered in the register 3[or
the list] and the dates when such qualifications were acquired.
(2) It shall be presumed that
any person entered in such list is registered practitioner
and that any person not so entered is not a registered
practitioner.
____
PART-III
GENERAL
PROVISIONS
CHAPTER-I
RIGHT, DUTIES
AND LIABILITIES OF REGISTERED PRACTITIONERS
32. Intimation of change of
address.—
Every registered practitioner shall inform the Registrar of any change in his
permanent address.
33. Privileges of registered
practitioners.— (1) notwithstanding any thing, contained in any law for the time
being in force, every 4[registered
or listed practitioner] shall be entitled__
(a) to hold any appointment as
physician or medical officer in any Unani, Ayurvedic or, the case may be ,
Homoeopathic dispensary, hospital, infirmary or lying-in hospital if such
dispensary, hospital, infirmary or laying-in hospital is supported by or
receive a grant from Government or any local authority and treats patients
according to the relevant system of medicine, or in any public establishment,
body or institution practicing such system;
(b) to vote for the election of
members to the 1[Council];
(c) to recover fees through courts.
(2) No 4[registered
or listed practitioner] shall stock, use or sell any drugs or medicines except
such as are included in the Unani, Ayurvedic or, as the case may be ,
1Subs. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Ordinance, 1982 (27 of 1982), s. 5, for
“Board”.
2Subs. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Ordinance, 1978 (22 of 1978), s. 20,
for “second”.
3Ins. ibid.,
4Subs. ibid., s. 21 for
“practitioner registered under section 24 of section 26”.
Homoeopathic Pharmacopoeia approved by the 1[Federal
Government].
(3) A practitioner registered under
section 25 shall be entitled to the privileges specified in clauses (b) and (c)
of sub-section (1) and be subject to the restriction mentioned in sub-section
(2).
2[(4) A registered or listed practitioner
shall abide by the Code of Ethics framed by the 3[Council]
with the approval of the Federal Government.
34. [Privileges of listed
Homoeopaths] Omitted by the Unani Ayurvedic and Homoeopathic Practitioners
(Amdt.) Ordinance, 1978 (XXVII of 1978), s. 22.
35. [Exemption from serving on inquest etc.]
Omitted by the Unani Ayurvedic and Homoeopathic Practitioners (Amdt.)
Ordinance, 1978 (XXVII of 1978), s. 22.
____
CHAPTER-II
OFFENCES,
PENALTY AND PROCEDURE
4[36. Offences and penalties.— (1) Whoever contravenes the
provisions of sub-section (2) of section 33 shall be punishable with
imprisonment for a term which may extend to seven ears, or with fine which may
extend to one lac rupees, or with both.]
37. Persons not registered under
Act not to practice etc.— (1) No person other than a 5[registered
or listed practitioner] shall practise or hold himself out, whether directly or
by implication, as practicing the Unani, Ayurvedic or, as the case may be ,
Homoeopathic System of medicine.
(2) No Tabib, Vaid or Homoeopath
shall__
(a) sign or authenticate a birth
certificate 6[or
death certificate] required by any law or rule to be signed or authenticated by
a duly qualified medical practitioner; or
(b) Sign or authenticate a medical
or physical fitness certificate 6[or
death certificate] required by any law or rule to be signed or authenticated by
a duly, qualified medical practitioner.
6[(2-A) No Homoeopath shall practise
surgery.
1Subs. by the Unani, Ayurvedic and
Homoeopathic Practitioners (Amdt.), Ordinance, 1978 (22 of 1978), s. 21, for
“Board”.
2Added ibid.,
3Subs. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Ordinance, 1982 (27 of 1982), s. 5, for
“Board”.
4Subs. by Ord. 22 of 1978,
s.23, for section 36.
5Subs. ibid., s.24, for certain
words.
6Ins. ibid.,
(3) Whoever contravances the
provisions of this section, shall be punishable with imprisonment for a term
which may extend to one year, or with fine which may extend to one thousand
rupees, or with both
1[37-A. Prohibition against
calling applications, etc., by un-recognised institutions.— (1) No institution which is
not recognized under section 17 shall call applications, advertise or arrange
for admission to such institution for imparting education in the Unani,
Ayurvedic or Homoeopathic system of medicine, nor shall such institution
advertise or conduct any correspondence course in any such system of medicine.
(2) Whoever contravenes the
provisions of sub-section (1) shall be punishable with imprisonment for a term
which may extend to seven years, or with fine which may extend to one lac
rupees, or with both.]
38. Colourable imitation of
degrees.—
(1) No person other than a body or institution authorized under this Act, shall
confer, grant or issue or hold out as entitled to confer, grant or issue a
degree, diploma or licence which purports to entitle the holder to practise the
Unani, Ayurvedic or Homoeopathic System of medicine, or which is identical with
or is a Colourable intimation of any degree, diploma or licence granted by a
body or institution so authorized.
(2) Whoever contravenes the
provisions of this section shall be punishable with fine which may extend to
one thousand rupees, and if the person so contravening is an association, every
member of such association who knowingly or willfully authorize or permits the
contravention shall be punishable with fine which may extend to one thousand
rupees.
39. Prohibition against use of
title, description, etc.— (1) No person shall add to his name, title or description any
letters or abbreviations which imply or are calculated to lead to the belief
that he holds a degree, diploma, licence or certificate as his qualification to
practise the Unani, Ayurvedic or Homoeopathic system of medicine, unless he
holds such degree, diploma, licence or certificate and such degree, diploma,
lilcence or certificate.__
(i) is recognized by any law for the
time being in force in
(ii) has been conferred, granted or
issued by a body or institution authorized under this Act in this behalf; or
(iii) Has been conferred, granted or
issued by an authority empowered or recognized as competent by the2[Federal
Government] or the Provincial Government to confer, grant or issue such degree,
diploma, licence or certificate.
1Ins. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Ordinance, 1978 (22 of 1978), s. 25.
2Subs. by F.A.O. 1975, Art. 2
and Table for “Central Government”.
(2) Notwithstanding anything
contained in any other law for the time being in force, no Tabib or Vaid shall
describe himself as a Doctor but a Homoeopath may use the expression
“Homoeopathic Doctor” both the words “Homoeopathic” and “Doctor” having equal
prominence.
(3) Whoever contravenes the
provisions of this section shall be punishable with imprisonment for a term
which1[shall
not be less than one year nor more than five years and also with fine which may
extend to twenty thousand rupees].
40. Savings.— Nothing in this Chapter shall
apply to any person__
(a) who limits his practice to
dentistry; or
(b) who being a nurse, midwife or
health visitor and registered as such under any law for the time being in
force, or a dai, attends on a case of labour; or
(c) who being a technical assistant
like Jarrah or Kuhal attends on a case under the direction
and personal guidance of a registered practitioner of the Unani System of
medicine.
41. Cognizance of offences, etc.— (1) No court shall take
cognizance of any offence under this Act except on a complaint in writing by an
officer empowered in this behalf by the 2*
Government.
(2) 3[Except
as provided in section 36, no] court other than that of a Magistrate of the
first class shall try an offence under this Act.
_____
CHAPTER-III
SUPERSESSION OF 4[COUNCIL]
42. Supersession of Council.— 5[(1)
If at any time it appears to the Federal Government that the 4[Council]
has failed to exercise or has exceeded or abused any of the powers conferred
upon it by or under this Act, the Federal Government may, if it is satisfied
that such failure, excess or abuse has adversely affected the efficient conduct
of the affairs of the 4[Council]
or the achievement of the objects of this Act, by notification in the official
Gazette, supersede the 4[Council]
for a period of one year and may, by a like notification, extend the period of
supersession for a further period of one year:---
1Subs. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Ordinance, 1978 (22 of 1978). S. 26,
for certain words.
2The word “Provincial” omitted
by the Unani, Ayurvedic and Homoeopathic Practitioners (Amdt.), Ordinance, 1978
(22 of 1978), s. 27.
3Subs. ibid., for “No”.
4Subs. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Ordinance, 1982 (27 of 1982). S. 5, for
“Board”.
5Subs. by Ord. 22 of 1978, s.
28, for sub-section (1).
Provided that no 1[Council]
shall be superseded unless a reasonable opportunity has been given to it to
show cause against the supersession].
(2) Upon the supersession of the 1[Council]
under sub-section (1)__
(a) the persons holding office as
President 2[,Vice-President]
and members of the 1[Council]
shall cease to hold office; and
(b) all powers and functions of the 1[Council]
shall , during the period of supersession, be exercised and performed by such
person or authority as the 3[Federal
Government] may appoint in this behalf, as if such person or authority were the 1[Council].
(3) The 1[Council]
shall be reconstituted in accordance with the provisions of this Act for the
exercise and performance of its powers and functions on the expiry of the
period specified in the notification under sub-section (1).
_____
CHAPTER-IV
MISCELLANEOUS
43. Fees received by Council.— (1) All moneys received by
the 1[Council]
as fees shall be applied for the purpose of the 1[Council]
in accordance with the rules made under this Act.
4[44. Death of registered
practitioners.— For the purpose of securing information relating to the death of
registered or listed practitioner, the 1[Council]
may appoint an honorary. Registrar of Deaths in each district and regulate his
functions and terms of appointment.].
45. Indemnity.— No suit, prosecution or other
legal proceeding shall be instituted against any person for anything which is
in good faith done or intended to be done under this Act or the rules or
regulations made thereunder.
1Subs. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Ordinance, 1982 (27 of 1982), s. 5, for
“Board”.
2Ins. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Ordinance, 1978 (22 of 1978) s. 28.
3Subs. by F.A.O., 1975, Art. 2
nad Table, for “Central Government”.
4Subs. by the Ordinance, 22 of
1978, s. 29, for section 44.
46. Power to make rules.— (1) The 1[Federal
Government] may, after consulting the 2[Council]
by notification in the official Gazette, make rules3to
carry out the purposes of this Act.
(2) In particular and without
prejudice to the generality of the fore going power, such rules may provide for
all or any of the following matters, namely:-
(a) the time and place at which and
the manner in which elections shall be held;
(b) the manner in which vacancies
shall be filled;
(c) the form of the list and
register and the particulars to be entered therein;
(d) fees chargeable for the
registration, alteration in the register regarding additional qualifications
and alteration of other entries in the register ;
4(e) fees chargeable from institutions applying for
recognition under this Act;
(f) the registration with 2[Council]
concerned of students admitted to recognized institutions and the fees
chargeable for such registration;
(g) fees chargeable for admission or
tests held under any provision of this Act;
(h) the purposes for which the fees
received by the 2[Council]
shall be applied; and
5(i) fee chargeable for renewal of registration.]
47. Power to make regulations.— The 2[Council]
may, with the previous approval in writing of the 1[Federal
Government], make regulations not inconsistent with this Act or the rules made
thereunder for the following matters, namely:-
(a) courses of study for training
and qualifying examinations;
(b) Languages in which examinations
shall be conducted and instruction given;
(c) admission of students to
recognized institutions;
1Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
2Subs. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Ordinance, 1982 (27 of 1982), s. 5. for
“Board”.
3For such rules, see Gaz. of
P., 1965, Ext., pp.1445__1450.
4Subs. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Act, 1968 (10 of 1968) s. 3, for
cl.(e).
5Subs.added by Ord. 4 of 02,
s.8.
(d) the conditions under which
candidates shall be admitted to different courses and the qualifying and other
examinations;
(e) the conditions of appointment of
examiners and the conduct of examinations;
(f) the conditions for the
appointment of teachers in recognized institutions 1[and
the qualifications of the principals and teachers thereof] ;
(g) the requirements for the
recognition of teaching institutions;
(h) the time and place at which the 2[Council]
shall hold its meetings;
(i) such other matters as may be
necessary for the exercise of powers and performance of functions to be
exercised or performed by the 2[Council]
under this Act and the rules made thereunder.
3[48. Police issues relating to
the affairs of the Council. In the discharge of its
function, the council shall be guided on questions of policy b y the
instruction, if any, as may be given to it from time to time by the Federal
Government which shall be the sole judge as to whether a question is a question
of policy.]
1Added by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Ordinance, 1978 (22 of 1978), s. 30.
2Subs. by the Unani, Ayurvedic
and Homoeopathic Practitioners (Amdt.), Ordinance 1982 (27 of 1982), s. 5, for
“Board”.
3Added by Ord. 61 of 2002, s.
9.
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