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. 18. The 1951 State Act and the 1970 Central Act are complementary to each other. (c) Particulars of examinations passed and when. Ayurvedic Medicine Manufacturer in Patna - More than allopathic medicines people nowadays prefer to consume more ayurvedic medicines. The offence is made non-bailable and cognizable. 36. 35. Sections 13-A, 13-B and 13-C, Central Council Act, 1970 (the Central Act). Degree conferred by a university and degree conferred by a faculty are different for which separate courses have been prescribed. Act viz. For this proposition, the learned counsel for the State has relied upon the provisions of Sections 13-A, 13-B and 13-C which have been introduced by the amending Act of 2003. w.e.f. (See Collector of Customs v. Digvijaysinhji Spg. is based on an NEET conducted by NTA. 43. (in Civil Appeals Nos. State Council of Ayurvedic and Unani Medicine is situated in Patna of Bihar state (Province) in India. The Act provides for imposition of the fine and imprisonment for any person who contravenes any of the provisions of the 1981 Ordinance or the 1982 Act. See Photos. 51. the Bihar Indigenous Medical Educational Institution (Regulation and Control) Act, 1981 (Act 20 of 1982) which came into force on 21-1-1982. 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. 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. allopathic medicine for piles,how to cure piles permanently,piles treatment in tamil. Interact directly with CaseMine users looking for advocates in your area of specialization. 33. In case of any confusion, feel free to reach out to us.Leave your message here. 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. : 0522-4150500 After the completion of the inquiry and submission of the inspection report, the Faculty shall give recognition to the institution either permanently or provisionally for a limited period or may reject it. Institutions already imparting education in indigenous system of medicine are required to take permission after coming into force of the 1982 Act. 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. 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. View the profiles of people named Hakeem Ayurvedic. Council of Ayurvedic and Unani Medicines, Bihar. Registrar : Dr. Hudda (Mobile 9431201036). Judgment: P.P. 50. 61. 7. There will be four registers : one for Vaidyas, one for Hakims, one for Surgeons and one for Midwives practising the Ayurvedic and Unani Systems of 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. 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. The Department of AYUSH no more falls under the Ministry of Health and Family Welfare, it was elevated to the Ministry of AYUSH with effect 9 November 2014.. Every person, whose name has been entered in the Register shall be entitled to receive from the Registrar a certificate of registration. Such officer may be empowered to close down the institution and to lock and seal it. 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). (e) Apprenticeship, if any, under any practitioner. Affiliated to B R Ambedkar Bihar University, Muzaffarpur. 10. Section 14 falling in Chapter III of the 1970 Central Act provides for recognition of the medical qualifications granted by any university, board or other medical institution in India which are included in the Second Schedule. The High Court further held that the 1982 Act aims at curing a rampant evil in colleges concerned in the State of Bihar and hence the State Government was given control in the matter of making queries into the standard of educational institutions teaching Indian system of medicine, and thereafter proceeding for recognition of the institution under the 1982 Act. Admission 2020-21. 4644-46 of 2003) and Ashok Kumar Singh & Ors. On the other hand, the admission for Post Graduate Course [M.D./MS (Ayurveda)] is based on the P.G. Section 5 contemplates that on receipt of an application for permission to open the medical course of study of indigenous system of medicine, the State Government would cause the inspection of the body, agency, college or institution by the Central Council of Indian Medicine (CCIM) or Inspector appointed by the State Government to see whether the conditions laid down by CCIM constituted under Section 3 of the 1970 Act are fulfilled or not. 27 470026 Madhulika Priya -09 86 INELIGIBLE Not Fulfill Advt. If the permission is refused, the institution will be closed down. 40. Thus, new colleges or existing colleges cannot any more grant a recognised qualification without the sanction of the Central Government. On a reasonable construction of these sections, we hold that the provisions of Section 13-B whereby the qualification granted to any student of a medical college would not be deemed to be a recognised medical qualification would not apply. 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. 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. ; non-recognition of medical qualifications in certain cases; and time for seeking permission of the Central Government for certain existing or new medical colleges. Sections 13-A, 13-B and 13-C in 2003, unrecognised.59. contains alphabet), Bihar State Council Of Ayurvedic And Unani Medicine v. State Of Bihar And Others. 7253 of 1998 before the Patna High Court who had obtained GAMS (Graduate of Ayurvedic Medicine and Surgery) degree from the State Faculty of Ayurvedic and Unani Medicines (for short 'the Faculty') established under Section 17 of the Bihar Development of Ayurvedic and Unani Systems of Medicine … 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. 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. 3. 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. 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. Karnataka Ayurvedic and Unani Practitioners Board Administrative Office has been shifted to Brigade Plaza, 1st Floor, Anandrao Circle, S.C.Road, Bangalore: 560009. 17. See Photos. Get 1 point on adding a valid citation to this judgment. It was the case of the petitioners that they had passed the GAMS Examination conducted by the Faculty under the 1951 Act and were conferred GAMS degree by the Faculty and, thus, they were qualified to appear in the examination for obtaining the degree of Doctor of Medicine in Ayurved. 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. The court must always lean to the interpretation which is a reasonable one, and discard the literal interpretation which does not fit in with the scheme of the Act under consideration. The college or the institution after the Act came into force cannot continue without the permission of the State Government as contemplated in the 1982 Act. 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 registers shall be in the following form :-. 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. 26. 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. 4643 of 2003), Dr. Sudhir Kumar Singh & Ors. 4646 of 2003. By virtue of Clause (d) of Sub-section (2) of Section 17, the Faculty is to recognise educational or instructional institutions of the ayurvedic and Unani systems of medicine for purposes of affiliation. About Salfia Unani Medical College. 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? & Wvg. 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. © Board of Ayurvedic and Unani Tibbi Systems of Medicine U.P. Such certificates shall be in, On application for a duplicate certificate, a certificate in. 20. 34. 58. Regulation 16 thereof provides for courses of study for the degree (Graduate of Ayurvedic Medicine and Surgery, GAMS). 8. The said colleges were granted affiliation by the Faculty on 19-8-1995 with retrospective effect from the session commenced in 1992 and they are recognised under the 1951 Act. For the State of Bihar, Item 6 of the Second Schedule reads as under: 22. 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. DrMurthuza Hakeem. S.B Sanyal, Senior Advocate (Akhilesh Kr. Also the Bihar State Council of Ayurvedic and Unani Medicine aggrieved by the judgment in CWJC No. 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. 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 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. 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. 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. 49. That has been provided under the 1982 Act. 2. 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. The judgment of the learned Single Judge in CWJC No. Business listings of Ayurvedic Medicine manufacturers, suppliers and exporters in Patna, आयुर्वेदिक दवा विक्रेता, पटना, Bihar along with their contact details & address. 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. The Second Schedule prescribes the institutions/colleges and the medical qualifications which are recognised under the Act for the different States. Father's (or in the case of a married woman, husband's) name. From the aforesaid provisions, it is apparent that an application seeking permission for opening a medical college has to be moved by a person which also includes a university or a trust or a medical college or those which are already running the medical college when the amending Act came into force. 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. 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. 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. 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. (8) (a) Place, period and method by which instructions in Ayurvedic or Unani courses of studies were taken. The judgment of the High Court is set aside and we hold that the GAMS degree conferred on the appellant students shall be treated as a recognised degree for the purposes of taking admission to the higher courses of study and also for the purposes of employment. 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. The admission for B.A.M.S. 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. 27. For the reasons aforesaid, the appeals are allowed. Section 13-C, however, provides a breathing time to the medical colleges which have been established on or before the commencement of the amending Act of 2003 without the permission of the Central Government to get such permission within a period of three years from the commencement of the Act. It was held that the State Authorities under the 1982 Act have rightly taken the follow-up action. 32. 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. 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. I solemnly declare that the above information is correct to my knowledge. Naolekar, J. 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. 9. In American Home Products Corpn. state council of ayurvedic and unani medicines bihar patna-20,baba ramdev ke desi nuskhe,baba ramdev ki shighrapatan ki medicine,banana powder. In our opinion, where the legislature has used words in an Act which if generally construed, must lead to palpable injustice and consequences revolting to the mind of any reasonable man, the court will always endeavour to place on such words a reasonable limitation, on the ground that the legislature could not have intended such consequence to ensue, unless the express language in the Act or binding authority prevents such limitation being interpolated into the Act. The council has been registered under the Tamilnadu Societies Registration Act, 1975, on 27th July, 2010 in Chennai. The respondent, CCIM alleged that in accordance with the requirements of the Indian Medicine Central Council Act, 1970 (for short “the 1970 Act”), CCIM had prescribed regulations providing for BAMS (Bachelor of Ayurvedic Medicine and Surgery) course at graduate level and MD (Ay.) (7) Whether had any instructions in other studies besides Ayurvedic or Unani system (mention where, when and how, if any). This Act was enacted to provide for the development of the ayurvedic and Unani systems of medicine, to regulate their teaching and practice, and to control the sale of indigenous medicinal herbs and drugs in the State of Bihar. 16. 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. 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. Under Section 13-B, any medical qualification granted by the colleges established without the prior permission of the Central Government is not a recognised medical qualification. 13. 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. 39. Section 10 provides for penalty and a person contravening any of the provisions of the Act is made liable for punishment with a fine which may extend to Rs 10,000 and imprisonment for a term which may extend up to three years. 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. The manner in which the affiliation is to be given is provided in Chapter II of the 1959 Regulations whereunder an application for affiliation of an institution shall be made to the Registrar, State Council of Ayurvedic and Unani Medicines, Bihar. Further, in State v. Sat Ram Dass AIR 1959 Punj 497, the Punjab High Court held that: (AIR p. 498, para 4). 11. 41. 25. 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. Registration in State Council of Ayurvedic & Unani Medicine Bihar. 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. 24. It was submitted that as the degree conferred on the writ petitioners is a recognised degree on the basis of the said entry in the 1970 Act, they were entitled to appear for entrance test to the postgraduate course and also for consideration for appointment to the post of Ayurvedic Medical Officers on the basis of GAMS degree which they were holding. Please log in or sign up for a free trial to access this feature. (2) Father's name (or in the case of a married woman husband's name). Hakeema. 21. 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. Clause (d) of sub-section (2) of Section 17, Civil Appeal No. 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. (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. (b) The name of institution or teacher (with address). ... Ayurvedic at Herbal Ayurvedic & Unani Medicines. Under Section 17 of this Act, provisions of the 1981 Ordinance or the 1982 Act. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. The Central Government after considering the scheme and recommendations of the Central Council and after obtaining such other particulars as felt necessary, may approve the scheme with such conditions which are considered necessary. 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