Section 15 gives authority to the State Government to seize the accounts of an institution contravening the provisions of the Act. 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. The Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951 received the assent of the President on 12-9-1951 and the assent was first published in the Bihar Gazette, Extraordinary, dated 17-10-1951. In this view, the matter was directed to be placed before a Division Bench after necessary orders of the Hon'ble the Chief Justice. Introduction to this Act reads as under: 19. The reasonable reading of Section 13-C(1) puts the existing colleges on a par with the new colleges as both of them are required to seek permission within three years from the commencement of the amending Act. The Division Bench also agreed with the learned Single Judge that the course of study of GAMS had come to an end and had been replaced by BAMS course, much before the writ petitioners acquired their GAMS degree. About Salfia Unani Medical College. 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). CWJC No. It is urged by the learned counsel for the appellants that the colleges which are affiliated to the Faculty under the 1951 Act do not require any approval from the State Government to start or to continue the educational institution or to run the courses of study in indigenous system of medicine leading to the degree, diploma, etc., as included in the Second Schedule of the 1970 act, as the 1951 act is a self-contained code. Under Section 54, the Council is authorised to make regulations subject to the provisions of the Act and the rules made by the State Government. 25. v. Mac Laboratories (P) Ltd. 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. 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. 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. 7253 of 1998, filed another letters patent appeal which was registered as LPA No. 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. Sub-section (6) of Section 13-A provides that where within a period of one year from the date of submission of scheme to the Central Government, no order is communicated by the Central Government to a person or medical college, such scheme shall be deemed to have been approved by the Central Government in the form in which it was submitted. 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. The whole spectrum of the amendment brought about by introducing Sections 13-A, 13-B and 13-C indicates that it has an application from the date they have been introduced by an amendment in the 1970 Central Act. 12. Council of Ayurvedic and Unani Medicines, Bihar. 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. It is only the governing body or the organising committee or any body or institution which has been permanently affiliated to any university in the State of Bihar which is exempted from the provisions of the 1981 Ordinance or the 1982 Act. 15. Sections 13-A, 13-B and 13-C in 2003, unrecognised.59. 51. 14. 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. On their failure, the medical qualification conferred on the students shall come to naught. 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. Get 1 point on adding a valid citation to this judgment. This job offers a good pay scale as follows: Interested candidates should send the duly filled application form before the last date i.e 14th July 2020. 10. 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. Therefore, the colleges or the institutions which have not obtained the permission of the Central Government may do so within a period of three years from the commencement of the Act to save the medical qualification conferred on the students of such medical colleges from the rigour of Section 13-B of the 1970 Act. The said Board is governed by the Himachal Pradesh Ayurvedic and Unani Practitioners Act, 1968. 4644-4645 OF 2003 Dr.Sudhir Kumar Singh & Ors. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. xxx xxx xxx Under the 1970 Act, the State Faculty established under the Bihar State Council of Ayurvedic and Unani Medicines (appellant in LPA No. 49. 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]. Mills Ltd. 1962 1 SCR 896, SCR at p. 899 and Kesavananda Bharati v. State of Kerala AIR 1973 SC 1461.). Registration should be done at Bihar State Ayurvedic and Unani Medicine Council, Bihar Patna. In exercise of powers under Section 3, the State Government shall, by notification, constitute a Council to be called the Bihar State Council of Ayurvedic and Unani Medicines, which shall consist of a President and the members mentioned in Clauses (a) to (n) of Section 3(1). The 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. The complete process to apply online is given below. Suchana ka Adhikar Aavedan patr. 4646 of 2003) are before us by special leave. Looking into the aforesaid provisions, it is clear to us that the Council constituted by the State Government under the 1951 Act shall establish a State faculty under Section 17 which shall have the authority to recognise educational or instructional institutions of ayurvedic and Unani systems of medicine, to conduct examinations of the persons studying in such affiliated institutions, and to grant certificates and confer degrees or diplomas. The Faculty while exercising its powers has to abide by the conditions laid down in the Rules and Regulations. 33. Regulation 16 thereof provides for courses of study for the degree (Graduate of Ayurvedic Medicine and Surgery, GAMS). 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. 47. 463 of 2000. 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. 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. Patna: The president of the state chapter of Ayush Medical Association, Dr Madhurendu Pandey, on Saturday said the State Council of Ayurvedic and Unani Medicines had become a centre of corruption. 2. of Bihar or fresh Ayurvedic/Homeopathic/Unani doctor, Selection of the candidates for SHS Bihar CHO Vacancies will be on the basis of the Computer Based Test (CBT), Candidates who got selected have to provide the permanent registration from Bihar Nursing Registration Council (BNRC), Patna at the time of joining as Community Health Officer (CHO), Log on to the SHS official portal i.e, http://statehealthsocietybihar.org/, On the home page, find and hit the related advertisement link “Notice: Advt. 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 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. CWJC No. In construing an Act, a construction ought not be put that would work injustice, or even hardship or inconvenience, unless it is clear that such was the intention of the legislature. State Health Society Bihar has released SHS Bihar Recruitment 2020 Notification to recruit the candidates for 1500 Community Health Officer (CHO) vacancies. 4. 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. (in Civil Appeal No. Sections 13-A, 13-B and 13-C, Central Council Act, 1970 (the Central Act). 40. Thus, new colleges or existing colleges cannot any more grant a recognised qualification without the sanction of the Central Government. Get 1 point on providing a valid sentiment to this A. Its main function is to register Ayurvedic and Unani practitioners in the state of Himachal Pradesh and regulate the practice in such systems. The Registrar State Council of Ayurvedic & Unani Medicine, K-52, Hanuman Nagar, PO. Submit Online Right to Information - RTI Application Form in India. State Health Society Bihar has released SHS Bihar Recruitment 2020 Notification to recruit the candidates for 1050 Community Health Officer (CHO) vacancies. How many vacancies are there in State Health Society Bihar CHO Recruitment? 23. Appellants vs. State of Bihar & Ors. Section 37 clothes the Council with power to establish its own educational or instructional institutions for the purpose of conducting courses of ayurvedic and Unani systems of medicine. 53. 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). Homeopathic Medical Officer & Ayush Physician (Homeopathic) Job seekers who are looking for Govt jobs in Bihar can use this opportunity and apply for SHS Bihar Community Health Officer Jobs before the due date. 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Tiwari: 0771-2242888: Dr. Sanjay Gupta: 9425213277: vnprpgupta@gmail.com,registrar@cgaupcb.in: Registrar, Chhattisgarh Board of Ayurvedic and Unani System of Medicine and Naturopathy, Govt. WITH CIVIL APPEAL NOS. In the state agriculture universities, seven members each will be nominated, while two members will be nominated to the homoeopathic board and three to the council for Ayurvedic and Unani medicine. Clauses (a) to (n) of Section 3(1).14. 27. Now you can file RTI Online. allopathic medicine for piles,how to cure piles permanently,piles treatment in tamil. 5. 21. In Narashimaha Murthy v. Susheelabai 1996 3 SCC 644 (SCC at p. 658, para 20), it was held that: 54. Enter your email address below and we'll send you password reset instructions. I beg to submit that I want to get my name registered in the list of registered practitioners under the Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951. No amendment has been brought about till today whereby the degree of GAMS given by the State Faculty is derecognised under the 1970 Act. Candidates have to pay the fee online using a debit card, credit card, net banking or offline through E Challan. Before confirming, please ensure that you have thoroughly read and verified the judgment. 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. The relevant Sections are enumerated herewith; Maharashtra Medical Council Act, 1965 . 57. 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