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  "title": "UNANI, AYURVEDIC AND HOMOEOPATHIC PRACTITIONERS ACT, 1965",
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  "text": "THE UNANI, AYURVEDIC AND HOMOEOPATHIC \r\nPRACTITIONERS ACT, 1965 \r\n(II of 1965) \r\nCONTENTS \r\nPART I \r\nPRELIMINARY \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Establishment and incorporation of Council \r\nPART-II \r\nCONSTITUTION AND FUNCTION OF COUNCILS \r\nCHAPTER-1 \r\nCOMPOSITION AND PROCEEDINGS OF COUNCILS \r\n4. Composition of the National Council for Tib \r\n5. Composition of the National Council for Homoeopathy. \r\n6. The President and Vice-President \r\n7. Elections \r\n8. Publication of names. Etc \r\n9. Term of office of members \r\n10. Vacancies not to invalidate proceedings of Council \r\n11. Resi2nation by President, etc \r\n12. Declaration of vacancies \r\n13. Disqualification of members \r\n14. Functions of the Council \r\n15. Meeting of the Council \r\n16. Officer of the Council and their pay and allowance \r\nCHAPTR-II \r\nTEACHING INSTITUTIONS AND EXAMINATIONS \r\n17. Recognition of institutions \r\n18. Maintenance of standard of efficiency \r\n19. Withdrawal of recognition \r\n20. Duration of courses \r\n21. Qualifications for admission to institutions \r\n22. Qualifvin2 examination \r\nCHAPTER-III \r\nREGISTRATION OF PRACTITIONERS \r\n23. Registration how made \r\n24. Registration of Unani. Ayurvedic and Homoeopathic Practitioners:-  \r\n25. Deleted \r\n26. Deleted \r\n27. Deleted \r\n28. Removal from register. Etc \r\n29. Cancellation or alteration of entries in Register \r\nCHAPTER-IV \r\nPOWERS AND DUTIES OF REGISTRAR \r\n30. Maintenance of register, etc \r\n31. Publication of List \r\nPART-III \r\nGENERAL PROVISIONS \r\nCHAPTER-I \r\nRIGHT, DUTIES AND LIABILITIES OF REGISTERED PRACTITIONERS \r\n32. Intimation of change of address \r\n33. Privileges of registered practitioners \r\n34. Omitted \r\n35. Omitted \r\nCHAPTER-II \r\nOFFENCES, PENALTY AND PROCEDURE \r\n36. Offences and penalties \r\n37. Persons not registered under Act not to practice etc   \r\n37-A. Prohibition against calling applications, etc., by un-recognised institutions \r\n38. Colourable imitation of degrees \r\n39. Prohibition against use of title, description, etc \r\n40. Savings \r\n41. Cognizance of offences, etc \r\nCHAPTER-III \r\nSUPERSESSION OF COUNCIL \r\n42. Supersession of Council \r\nCHAPTER-IV \r\nMISCELLANEOUS \r\n43. Fees received by Council \r\n44. Death of registered practitioners \r\n45. Indemnity \r\n46. Power to make rules \r\n47. Power to make regulations \r\n48. Policy issues relating to the affairs of the Council \r\nTEXT \r\nTHE UNANI, AYURVEDIC AND HOMOEOPATHIC PRACTITIONERS ACT, \r\n1965 \r\n(II of 1965) \r\n[25th January, 1965] \r\nAn \r\nAct \r\nto regulate the qualifications and to provide for the registration of practitioners of Unani, \r\nAyurvedic and Homoeopathic Systems of Medicine. \r\n(As modified up to the 31st October, 1982) \r\nWHEREAS it is expedient to promote and popularize the Unani, Ayuravedic and \r\nHomoeopathic Systems of Medicine, to regulate education and research in, and to \r\nprovide for the registration of practitioners of , those systems of medicine; \r\nAND WHEREAS the national interest of  Pakistan in relation to the achievement \r\nof uniformity within the meaning of clause (2) of Article 141 of the Constitution of Islamic \r\nRepublic of Pakistan requires Federal Legislatures. \r\nIt is hereby enacted as follows:– \r\nPART-I \r\nPRELIMINARY \r\n1. Short title, extent and commencement.– (1) This Act may be called the Unani, \r\nAyurvedic and Homoeopathic Practitioners Act, 1965. \r\n(2) It extends to the whole of Pakistan. \r\n(3) It shall come into force on the twenty-first day of July, 1965. \r\n2. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext \r\n(a) “approval” means approved by the Federal Governme nt on the \r\nrecommendation of the Council; \r\n(b) “Committee” means the Committee appointed by the Council; \r\n(bb) “Council” means National Council for Tib or, as the case may be the \r\nNational Council for Homoeopathy established under Section 3; \r\n(c) “Homoeopathy” means the Homoeopathic system of medicine, including \r\nthe Bio -Chemic system of medicine, and “Homoeopath” means a  \r\npractitioner of Homoeopathy, Bio-Chemic System of Medicine; \r\n(cc) “List” means the list of Homoeopaths prepared under Section 27 as that \r\nlist existed immediately before the commencement of the Unani, \r\nAyurvedic and Homoeopathic Practitioners (Amendment) Ord inance, \r\n1978, and “Listed” shall be construed accordingly; \r\n(ccc) “Meeting” means Meeting of the Council; \r\n(cccc) “misconduct” means conduct contrary to the provisions of this Act, the \r\nrules and regulations made under this Act and the Code of Ethics adopted \r\nby the Council; \r\n(d) “prescribed” means prescribed by rules or regulations made under this \r\nAct; \r\n(e) “President” means the President of the Council; \r\n(ee) “Qualified” means qualified from any approved  or recognized teaching \r\ninstitutions imparting instruction in the Unani, Ayurvedic or Homoeopathic \r\nSystem of medicine; \r\n(f) “recognized” means recognized by the Federal Governme nt for the \r\npurposes of this Act; \r\n(g) “register” means a register of practitioners of the Unani or Ayurvedic or \r\nHomoeopathic System of Medicine maintained under this Act; \r\n(h) “registered practitioner” means a practitioner whose name is for the time \r\nbeing entered in a register; \r\n(i) “Registrar” means the Registrar of the Council; \r\n(j) “Tabib” means a practitioner of the Unani System of Medicine; \r\n(k) “Unani and Ayurvedic System of Medicine” means the Unani , Tib and \r\nAyurvedic (including the Siddha)  system of medicine, whether \r\nsupplemented or not by such modern advances as the Council ma y, from \r\ntime to time, determine; \r\n(l) \"Vaid\" means a practitioner of the Ayurvedic System of Medicine;  \r\n(m) \"Vice-President\" means Vice-President\" of the Council. \r\n3. Establishment and incorporation of Council.– (1) As soon as may be after the \r\ncommencement of this Act, the Federal Government shall, by notification in th e official \r\nGazette, establish a Council to be called the National Council for Tib, and by a like \r\nnotification , another council to be called the National Council for Homoeopathy, for the \r\npurposes of this Act. \r\n(2) Each of the two Councils shall be body corp orate, having perpetual \r\nsuccession and a common seal, and shall, by its name as specified in sub -section (1) \r\nsue and be sued. \r\nPART-II \r\nCONSTITUTION AND FUNCTION OF COUNCILS \r\nCHAPTER-1 \r\nCOMPOSITION AND PROCEEDINGS OF COUNCILS \r\n4. Composition of the National Cou ncil for Tib .– The National Council for Tib \r\nshall consist of the following members, namely:– \r\n(a) Four members, being qualified and registered practitioners of the Unani \r\nSystem of Medicine, to be nominated by the Federal Government after \r\nconsulting the Prov incial Government concerned, of whom one shall be \r\nfrom each Province;  \r\n(b) Eleven qualified members, to be elected from amongst themselves by the \r\nRegistered practitioners of the Unani System of Medicine, of whom five \r\nshall be from the Punjab, three from Si ndh, two from the North -West \r\nFrontier Province and one from Baluchistan. \r\n(c) Two members, to be elected from amongst themselves by the teachers of \r\nall the recognized institutions of the Unani or Ayurvedic System of \r\nMedicine.  \r\n(d) One member, to be elected from amongst themselves by the registered \r\npractitioners of the Ayurvedic System of Medicine; and \r\n(e) Four members, to be nominated by the Federal Government, of whom one \r\nshall be a scientist from the related field, and one Deputy Secretary \r\n(Budget) Ministr y of Health, who shall also be Chairman of the Finance \r\nCommittee. \r\n(2) Notwithstanding anything contained in sub -section (1), for the purpose of \r\nconstituting the National Council for Tib for the first time:– \r\n(a) the members required to be elected under clau ses (b) and (c) shall be \r\nnominated by the Federal Government from amongst the registered \r\npractitioners of the Unani System of Medicine; \r\n(b) the member required to be elected under clause (d) shall be nominated by \r\nthe Federal Government from amongst the reg istered practitioners of the \r\nAyurvedic System of Medicine; and \r\n(c) for the members nominated under clauses (a) and (e) the Federal \r\nGovernment shall nominate fresh members in accordance with the \r\nprovisions of these clauses. \r\n5. Composition of the National Co uncil for Homoeopathy .– The National \r\nCouncil for Homoeopathy shall consist of the following members namely:– \r\n(a) Four members, being registered Homoeopaths, to be nominated by the \r\nFederal Government after consulting the Provincial Government \r\nconcerned, of whom one shall be from each Province. \r\n(b) Eleven members, to be elected from amongst themselves by registered \r\nand listed Homoeopaths, of whom five shall be from the Punjab, three \r\nfrom Sindh, two from the North -West Frontier Province and one from \r\nBaluchistan. \r\n(c) Two members, to be elected from amongst themselves by the teachers of \r\nrecognized institutions of Homoeopathy; and  \r\n(d) Four members, to be nominated by the Federal Government, of whom one \r\nshall be a scientist from the related field and one Deputy Se cretary \r\n(Budget), Ministry of Health, who shall also be Chairman of the Finance \r\nCommittee. \r\n6. The President and Vice-President.– The President and Vice-President shall be \r\nelectcd by the members of the Council from amongst themselves.  \r\n7. Elections.– Elections under this Act shall be held at such time and place and in \r\nsuch manner as may be prescribed by rules. \r\n8. Publication of names. etc.– The Federal Government shall publish in the official \r\nGazette the names of the President, the Vice -President and other m embers of the \r\nCouncil together with the dates on which such members are elected or nominated.  \r\n9. Term of office of members .– (1) the members of the Council shall be \r\nnominated or elected, as the case may be , in such manner and for such term as may \r\nbe prescribed by rules. \r\n(2) Every member of the Council shall, subject to the other provisions of this \r\nAct and as may be prescribed by Rules, hold office for the prescribed term and cease to \r\nhold office at the expiry thereof, and  \r\n(3) Members shall be eligible fo r re-nomination or re -election to the Council \r\non the expiry of the prescribed term. \r\n(4) If a vacancy in the office of President, Vice -President or a member occurs \r\nduring the prescribed term through death, resignation, disability or otherwise, the \r\nvacancy shall be filled in accordance with the provisions of this Chapter. \r\n(5) The election or nomination of the members of the Council shall be held at \r\nleast three months prior to the expiry of the prescribed tenure of the Council and \r\nexpenditure on election shall be borne by the respective Council and if, at any time, the \r\nCouncil ceases to exist on expiry of its prescribed tenure, all powers and functions of \r\nthe Council shall, ti ll constitution of new Council or  for a period of one year, be \r\nexercised and performed  by such person or authority as may be appointed by the \r\nFederal Government in this behalf, as if such person or authority were the Council \r\n10. Vacancies not to invalidate proceedings of Council .– No act or proceedings \r\nof the Council shall be invalid merely  on the. Ground of the existence of any vacancy in \r\nor any defect in the composition of the Council. \r\n11. Resignation by President, etc .– The President, Vice-President or any member \r\nmay at any time resign his office by a letter addressed to the Registrar and  such \r\nresignation shall take effect from the date it is accepted by the Council. \r\n12. Declaration of vacancies.– If any member, during the term of his office;  \r\n(a) absents himself, without such reason as may in the opinion of Council be \r\nsufficient, from three consecutive ordinary meetings of the Council, or  \r\n(b) Becomes subject to any of the disqualifications mentioned in the Council \r\nshall declare his office vacant. \r\n13. Disqualification of members.– (1) No person shall be a member of the Council \r\nif:– \r\n(a) he is an undercharged insolvent.  \r\n(b) he has been adjudicated by a competent court to be of unsound mind;  \r\n(c) he has at any time been convicted of an offense which in th e opinion of \r\nthe Federal Government involves moral turpitude; or  \r\n(d) his name has been removed from the register. \r\n(2) If at any time it appears to the Federal Go vernment that any member of \r\nthe Council has failed to exercise or has exceeded or abused any power conferred upon \r\nhim as a member of the Council, any Committee or Examining Body appoi nted under \r\nsub-section (3) of section 22, may, if satisfied that such failure, excess or abuse has \r\nadversely affected the efficient conduct of such member in achieving the objectives of \r\nthis Act and after giving him an opportunity of showing cause against the action \r\nproposed to be taken, by notification in the  official Gazette, disqualify him from the \r\nmembership of the Council or, as the case may be, Committee or Examining Body. \r\n14. Functions of the Council .– The following shall be the functions of the Coun cil, \r\nnamely:– \r\n(a) To consider applications for recognition under this Act made by institutions \r\nimparting or desiring to impart instruction in the system of medicine with  \r\nwhich the Council is concerned;  \r\n(b) To secure the maintenance of an adequate standard  of education in \r\nrecognized institutions;  \r\n(c) to make arrangements for the registration of duly qualified persons in \r\naccordance with the provisions of this Act;  \r\n(cc) to appoint committees or sub-committees, each having due representation \r\nof all the Provinces, for a specific period, to perform any specified function \r\nconcerned with the functions of the Council;  \r\n(d) to provide for research in the system of medicine with which the Council is \r\nconcerned; and  \r\n(e) to do such other acts and things as it may be empowered or required to do \r\nby this Act or the rules. \r\n15. Meeting of the Council.– (1) the Council shall meet at such time and place, and \r\nevery meeting of the Council shall be summoned in such manner, as may be prescribed \r\nby regulations:– \r\nProvided that, unt il such regulations are made, the President may summon a \r\nmeeting of the Council at such time and place as he may deem expedient by notice \r\naddressed to each member.  \r\n(2) The President and, in his absence, the vice -president, shall preside at \r\nevery meeting o f the Council and if, at any time the vice -president is also absent and \r\nthe President has given prior permissio n, a member elected by the members present \r\nfrom amongst themselves shall preside.  \r\n(3) Except as hereinafter provided, all questions at meeting o f the Council \r\nshall be decided by a majority of the votes of the members present.  \r\n(4) Eight members of the Council shall form a quorum. \r\n(5) At every meeting of the Council the person presiding shall, in addition to \r\nhis vote as a member o f the Council, hav e a second or casting vote in case of an \r\nequality of votes. \r\n16. Officer of the Council and their pay and allowance .– (1) The Council shall \r\nwith the previous approval in writing of the Federal Government, appoint a Registrar \r\nand Controller of Examination on  such terms and conditions as may be determined by \r\nthe Federal Government and may appoint a person to act in his place during his \r\nabsence on leave. \r\n(2) An order of the Council appointing, punishing or removing the Registrar \r\nand controller of examination fr om office shall not take effect unless confirmed by the \r\nFederal Government in writing. \r\n(3) The Registrar shall be Secretary to the Council and shall exercise such \r\npowers and perform such duties as may be prescribed by regulations. \r\n(4) The Council may appoi nt such other officers and servants on such terms \r\nand conditions as the Council may, with the previous approval in writing of the Federal \r\nGovernment, determine. \r\n(5) The Registrar and all other officers and servants of the Council shall be \r\ndeemed to be publ ic servants within the meaning of Section 21 of the Pakistan Penal \r\nCode (Act XLV of 1860) \r\nCHAPTR-II \r\nTEACHING INSTITUTIONS AND EXAMINATIONS \r\n17. Recognition of institutions .– (1) Any institution imparting or desiring to impart \r\ninstruction in the Unani, Ayurv edic or Homoeopathic system of Medicine according to \r\nthe courses prescribed by rules may apply for recognition under this Act. \r\n(2) An application for recognition shall be addressed to the Registrar of the \r\nCouncil concerned and shall contain full informatio n in respect of the following matters, \r\nnamely:– \r\n(a) the constitution and personal of the managing body of the institution, \r\n(b) the subject and courses in which it imparts or proposes to impart \r\ninstructions; \r\n(c) the equipment possessed by the institution and the number of students for \r\nwhom accommodation and other provision has been or is proposed to be \r\nmade; \r\n(d) the strength and particulars of its staff, their salaries, qualifications and the \r\nresearch work to their credit; \r\n(e) The fees levied or proposed to be levied and the financial provision made \r\nfor capital expenditure on buildings and equipment and for the continued \r\nmaintenance and efficient working of the institution. \r\n(3) The Registrar shall place the application before the Council, and the \r\nCouncil may direct the Registrar to call for any further information which it may consider \r\nnecessary, and may also direct a local inquiry to be made by competent person or \r\npersons authorized by it in this behalf. \r\n(4) After considering the report of such local inquiry,  if any, and making such \r\nfurther inquiry as may appear to it to be necessary, the Council shall forward the \r\napplication together with its recommendation whether the recognition asked for should \r\nnot be granted, to the Federal Government which may, after mak ing inspection, if \r\nnecessary, at its own or through the Provincial Government concerned, by order, grant \r\nor refuse to grant recognition and the grant of recognition may be subject to such terms \r\nand conditions, if any, as may be specified in the order. \r\n18. Maintenance of standard of efficiency .– (1) It shall be the duty of the Council \r\nto secure the maintenance of an adequate standard of efficie ncy in recognized \r\ninstitutions. \r\n(2) For the purpose of securing such standard, the Council may:–  \r\n(a) from time to t ime call upon any recognized institution to furnish such \r\nparticulars as the Council may require of any education provided or \r\nexamination conducted by such institution, and \r\n(b) Appoint inspectors from amongst the registered practitioners to attend and \r\nbe present at all or any of the examination conducted by such institution \r\nprior to the qualifying examination.  \r\n(3) The inspectors shall not interfere with the conduct of any examination, and \r\ntheir duty shall be to report to the Council their opinion as to the sufficiency or otherwise \r\nof every examination which they attend, and any other matter in relation to such \r\nexamination on which the Council may require them to report. \r\n(4) The Council shall arrange periodical inspection of recognized institutions \r\nand supervision of the examinations conducted by such institutions, through inspectors \r\nto be appointed by the Council, and shall pay such salaries and allowances and \r\ntraveling expenses to the inspectors as may be approved by the Federal Government. \r\n19. Withdrawal of recognition.– (1) The Council when it thinks fit may, and when \r\nrequired to do so by the Federal Government shall, make an enquiry whether any \r\nrecognized institution should cease to be a recognized institution.  \r\n(2) If, on making such an enquiry, and after  considering all such information \r\nand reports as are referred to in the preceding section, and making such further inquiry \r\nas may appear to it to be necessary, the Council is satisfied that the education provided \r\nor the examinations conducted by a recognized institution are not such as to secure and \r\nadequate standard of efficiency for the practice of the system of medicine taught in the \r\ninstitution, it shall submit a report to the Federal Government with its recommendation \r\nstating the reasons there for that  the recognition of the institution should be withdrawn \r\nand the Federal Government may, on receipt of such report, make an order to be \r\npublished in the official Gazette, withdrawing the recognition of the institution. \r\nProvided that no order under this sub-section shall be made unless the institution \r\nconcerned has been given an opportunity to raise, within a specified time, the standard \r\nof the education and examination to the satisfaction of the Federal Government and the \r\ninstitution has, in the opinion of the Federal Government, failed to do so. \r\n20. Duration of courses .– (1) The duration of the course in recognized institutions \r\nof Unani or Ayurvedic System of Medicine shall be four years and the course shall \r\ninclude the subjects prescribed by regulations.  \r\n(2) The duration of diploma course in recognized institutions of Homoeopathy \r\nshall be four years and the course shall include the subjects prescribed by regulations. \r\n21. Qualifications for admission to institutions .– (1) The minimum qualifications \r\nrequired for admission to a recognized institution of Unani or Ayurvedic System of \r\nMedicine shall be Matriculation with Science or equivalent examination of any University \r\nor Education Board in Pakistan established by or under any law preference being given \r\nto thos e having higher qualification with Science and in the case of admission to an \r\ninstitution of Unani System of Medicine to a candidate having one or more of the \r\nfollowing additional qualifications, namely:– \r\n(a) Adeeb. \r\n(b) Adeeb Alim. \r\n(c) Adeeb Fazil. \r\n(d) Munshi.  \r\n(e) Munshi Alim. \r\n(f) Munshi Fazil. \r\n(g) Molvi. \r\n(h) Molvi Alim. \r\n(i) Molvi Fazil. \r\n(2) The minimum qualification required for admission to a recognized \r\ninstitution of Homoeopathy shall be Matriculation with Science or equivalent \r\nexamination of any Univer sity or Education Board in Pakistan established by or under \r\nany law but those with Intermediate or higher qualifications with Science shall be \r\npreferred. \r\n22. Qualifying examination.– (1) A qualifying examination shall be held at least \r\nonce in every year fo r the purpose of granting a diploma conferring the right of \r\nregistration under this Act. \r\n(2) The examination shall be held on the subjects prescribed by regulations \r\nand the right of appearing in the examination shall be restricted to candidates who have \r\nundergone a course of study in such subjects in the prescribed mann er at a recognized \r\ninstitution. \r\n(3) The examination shall be held under the control of an examining body to \r\nbe appointed by the Federal Government after consulting the Council. \r\n(4) The Chairp erson of the examination body shall be appointed by the \r\nFederal Government. \r\nCHAPTER III \r\nREGISTRATION OF PRACTITIONERS \r\n23. Registration how made.– (1) Omitted. \r\n(2) Omitted.  \r\n(3) Applications for registration under this Act, shall be made in such form and \r\non payment of such fee as may be prescribed by rules. \r\n(4) The Council shall examine the applications received under this Section \r\nand after making such enquiries as it thinks fit regarding the qualifications of the \r\napplicants and their professional efficiency  direct the entry of the names to be made in \r\nthe register in accordance with the Provisions of this Act. \r\n24. Registration of Unani , Ayurvedic and Homoeopathic Practitioners .– (1) \r\nEvery person who passes the qualifying examination in the Unani, Ayurvedic or  \r\nHomoeopathic System of Medicine from a recognized institution may apply for \r\nregistration in the respective register.  \r\n(2) Every person who is registered medical practitioner within the meaning of \r\nthe Medical Council Ordinance, 1962 (XXXII  of 1962), and ha s taken to the practice of \r\nHomoeopathy may apply for registration as Homoeopath. \r\n(3) Notwithstanding anything contained in sub -sections (I) and (2), the \r\nFederal Government may, if it deems fit after consulting the Council, direct that a \r\ndegree or diploma in the Unani, Ayurvedic or Homoeopathic System of Medicine, as the \r\ncase may be, granted by any institution in or outside Pakistan shall be recognized on \r\nsuch conditions as it may, by notification in the official Gazette, specify. \r\n25. Deleted. \r\n26. Deleted. \r\n27. Deleted. \r\n28. Removal from register. etc. .– The Council may direct that the name of any \r\npractitioner who has been convicted of a cognizable offence or who after due enquiry \r\nhas been found guilty of misconduct shall be removed from the register or the lis t if the \r\noffence or misconduct in the opinion of the Council discloses moral turpitude such as to \r\nrender him unfit to practice his profession;  \r\nProvided, however, that no action shall be taken by the Council under this \r\nsection unless the person convicted o f the cognizable offence or found guilty of \r\nmisconduct has been given a reasonable opportunity to show cause against the \r\npunishment proposed to be inflicted on him. \r\n29. Cancellation or alteration of entries in Register, etc..– The Council may on its \r\nown mo tion or on information received from any person and after due enquiry and \r\ngiving an opportunity to the person concerned of being heard cancel or alter any entry in \r\nthe register or the list if in the opinion of the Council the entry was made fraudulently or  \r\nimproperly. \r\nCHAPTER-IV \r\nPOWERS AND DUTIES OF REGISTRAR \r\n30. Maintenance of register , etc..– (1) Subject to any general or special orders of  \r\nthe Council it shall be the duty of the Registrar to keep the register and the list and to \r\nattend the meetings of the council. \r\n(2) The register and the list shall contain the name, residence and \r\nqualifications of every practitioner registered or listed under this Act, and the dates on \r\nwhich the qualifications were acquired.  \r\n(3) The Registrar shall keep the register and the list correct and up -to-date \r\nand shall, from time to time, enter therein any alteration in the address and \r\nqualifications of the practitioners, and remove there from the names of the practitioners \r\nwho die or whose names are directed to be removed in acc ordance with the provisions \r\nof this Act. \r\n(4) The Federal Government may by rules prescribe any additional fee for any \r\nalteration in the register due to additional qualifications.  \r\n(5) If the Registrar has reason to believe that any registered practitioner or a \r\nperson whose name is entered in the list has ceased to practice or has, changed his \r\npermanent address without due intimation. To him, he may write by registered post to \r\nsuch practitioner at the address as entered in the register to enquire whether he has \r\nceased to practice or has changed his residence and, if within six months no reply is \r\nreceived, the Registrar may remove the name of such practitioner from the register: \r\nProvided that the Council may, at any time on the application of the practitioner \r\nwhose name is removed under this sub-section, order that the name of such practitioner \r\nbe re-entered in the register.  \r\n31. Publication of List.– (1) The Registrar shall ,in every fourth year, on or before a \r\ndate to be fixed by the Council, cause to be publ ished a correct list of the names and \r\nqualifications of all practitioners for the time being entered in the register or the list and \r\nthe dates when such qualifications were acquired. \r\n(2) It shall be presumed that any person entered in such list is registered \r\npractitioner and that any person not so entered is not a registered practitioner. \r\nPART-III \r\nGENERAL PROVISIONS \r\nCHAPTER-I \r\nRIGHT, DUTIES AND LIABILITIES OF REGISTERED PRACTITIONERS \r\n32. Intimation of change of address.– Every registered practitioner shall inform the \r\nRegistrar of any change in his permanent address. \r\n33. Privileges of registered practitioners .– (1) notwithstanding any thing, \r\ncontained in any law for the time being in force, every registered or listed practitioner \r\nshall be entitled:–  \r\n(a) to hold a ny appointment as physician or medical officer in any Unani, \r\nAyurvedic or, the case may be , Homoeopathic dispensary, hospital, \r\ninfirmary or lying -in hospital is supported by or receive a grant from \r\nGovernment or any local authority and treats patients acc ording to the \r\nrelevant system of medicine, or in any public establishment, body or \r\ninstitution practicing such system; \r\n(b) to vote for the election of members to the Council;  \r\n(c) to recover fees through courts. \r\n(2) No registered or listed practitioner sha ll stock, use or sell any drugs or \r\nmedicines except such as are included in the Unani, Ayurvedic or, as the case may be \r\n,Homoeopathic Pharmacopoeia approved by the Federal Government \r\n(3) A practitioner registered under section 25 shall be entitled to the p rivileges \r\nspecified in clauses (b) and (c) of  sub-section (1 ) and be subject to the restriction \r\nmentioned in sub-section (2).  \r\n(4) A registered or listed practitioner shall abide by the Code of Ethics framed \r\nby the Council with the approval of the Federal Government. \r\n34. Omitted.  \r\n35. Omitted. \r\nCHAPTER-II \r\nOFFENCES, PENALTY AND PROCEDURE \r\n36. Offences and penalties .– (1) Whoever contravenes the provisions of sub -\r\nsection (2) of section 33 shall be punishable with imprisonment for a term which may \r\nextend to seven years, or with fine which may extend to one lac rupees, or with both. \r\n37. Persons not registered under Act not to practice etc. .– (1) No person other \r\nthan a registered or listed practitioner shall practise or hold himself out, whether directly \r\nor by impl ication, as practicing the Unani, Ayurvedic or, as the case may be , \r\nHomoeopathic System of medicine.  \r\n(2) No Tabib, Vaid or Homoeopath shall:– \r\n(a) sign or authenticate a birth certificate or death certificate required by any \r\nlaw or rule to be signed or au thenticated by a duly qualified medical \r\npractitioner; or  \r\n(b) Sign or authenticate a medical or physical fitness certificate or death \r\ncertificate required by any law rule to be signed or authenticated by a duly, \r\nqualified medical practitioner.  \r\n(2-A) No Homoeopath shall practise surgery \r\n(3) Whoever contravances the provisions of this section, shall be punishable \r\nwith imprisonment for a term which may extend to one year, or with fine which may \r\nextend to one thousand rupees, or with both  \r\n37-A. Prohibition ag ainst calling applications, etc., by un -recognised \r\ninstitutions.– (1) No institution which is not recognized under section 17 shall call \r\napplications, advertise or arrange for admission to such institution for im parting \r\neducation in the Unani, Ayurvedic or Homoeopathic system of medicine, nor shall such \r\ninstitution advertise or conduct any correspondence course in any such system of \r\nmedicine. \r\n(2) Whoever contravenes the provisions of sub -section (1) shall be \r\npunishable with imprisonment for a term which may  extend to seven years, or with fine \r\nwhich may extend to one lac rupees, or with both. \r\n38. Colourable imitation of degrees.– (1) No person other than a body or institution \r\nauthorized under this Act, shall confer, grant or issue or hold out as entitled to c onfer, \r\ngrant or issue a degree, diploma or licence which purports to entitle the holder to \r\npractise the Unani, Ayurvedic or Homoeopathic System of Medicine, or which is \r\nidentical with or is a Colourable intimation of any degree, diploma or licence granted by \r\na body or institution so authorized. \r\n(2) Whoever contraven es the provisions of this section shall be punishable \r\nwith fine which may extend to one thousand rupees, and if the person so contravening \r\nis an association, every member of such association who knowingly or willfully authorize \r\nor permits the contravention shall be punishable with fine which may extend to one \r\nthousand rupees. \r\n39. Prohibition against use of title, description, etc ..– (1) No person shall add to \r\nhis name, title or description any letters or abbreviations which imply or are calculated to \r\nlead to the belief that he holds a degree, diploma, licence or certificate  as his \r\nqualification to practis e the Unani, Ayurvedic or Homoeopathic system of medicine, \r\nunless he holds such degree, diploma , licence or certificate and such degree, diploma, \r\nlilcence or certificate:- \r\n(i) is recognized by any law for the time being in force in Pakistan or in any \r\npart thereof, or \r\n(ii) has been conferred, granted or issued by a body or institution authorized \r\nunder this Act in this behalf, or \r\n(iii) Has been conferred, granted or issued by an authority empowered or \r\nrecognized as competent by the Federal Government or the Provincial \r\nGovernment to confer, grant or issue such degree, diploma, licence or \r\ncertificate. \r\n(2) Notwithstanding anything contained in any other law for the time being in \r\nforce, no Tabib or Vaid shall describe himself as a Doctor but a  Homoeopath may use \r\nthe expression “Homoeopathic Doctor” both the words  “Homoeopathic” and “Doctor” \r\nhaving equal prominence. \r\n(3) Whoever contra venes the provisions of this  section shall be punishable \r\nwith imprisonment for a term which shall not be less than one year nor more than five \r\nyears and also with fine which may extend to twenty thousand rupees  \r\n40. Savings.– Nothing in this Chapter shall apply to any person:–  \r\n(a) who limits his practice to dentistry; or  \r\n(b) who being a nurse, midwife or health visitor and registered as such under \r\nany law for the time being in force, or a dai, attends on a case of labour or \r\n(c) who being a tec hnical assistant like Jarrah or Kuhal attends on a case \r\nunder the direction and personal guidance of a registered practitioner of \r\nthe Unani System of Medicine.  \r\n41. Cognizance of offences , etc .– (1) No court shall take cognizance of any \r\noffence under this Act except on a complaint in writing by an officer empowered in this \r\nbehalf by the Government. \r\n(2) Except as provided in section 36, no court other than that of a Magistrate \r\nof the first class shall try an offence under this Act. \r\nCHAPTER-III \r\nSUPERSESSION OF COUNCIL \r\n42. Supersession of Council .– (1) If at any time it appears to the Federal \r\nGovernment that the Council has failed to exercise or has exceeded or abused any of \r\nthe powers conferred upon it by or under this Act, the Federal Government may, if it is  \r\nsatisfied that such failure, excess or abuse has adversely affected the efficient conduct \r\nof the affairs of the Council  or the achievement of the objects of this Act , by notification \r\nin the official Gazette, supersede the Council for a period of one year and may, by a like \r\nnotification, extend the period of supersession for a further period of one year:– \r\nProvided that no Council shall be superseded unless a reasonable opportunity \r\nhas been given to it to show-cause against the supersession.  \r\n(2) Upon the supersession of the Council under sub-section (1)– \r\n(a) the persons holding office as President, Vice -President and members of \r\nthe Council shall cease to hold office; and \r\n(b) all powers and functions of the Council shall , during the period of \r\nsupersession, be exercised and performed by such person or authority as \r\nthe Federal Government may appoint in this behalf, as if such person or \r\nauthority were the Council. \r\n(3) The Council shall be reconstituted in accordance with the provisions of \r\nthis Act, for the exerc ise and performance of its powers and functions on the expiry of \r\nthe period specified in the notification under sub-section (1). \r\nCHAPTER-IV \r\nMISCELLANEOUS \r\n43. Fees received by Council .– (1) All moneys received by the Council as fees \r\nshall be applied for the purpose of the Council in accordance with the rules made under \r\nthis Act.  \r\n(2) The accounts of the Council shall be maintained in such form and manner \r\nas the Auditor General of Pakistan may prescribe. \r\n(3) The accounts of the Council shall be audited by one  or more auditors \r\nappointed by the Federal Government in consultation with the Auditor General of \r\nPakistan.  \r\n44. Death of registered practitioners .– For the purpose of securing information \r\nrelating to the death of registered or listed practitioner the Coun cil may appoint an \r\nhonorary Registrar of Deaths in each district and regulate his functions and terms of \r\nappointment. \r\n45. Indemnity.– No suit, prosecution or other legal proceeding shall be instituted \r\nagainst any person for anything which is in good faith done or intended to be done \r\nunder this Act, or the rules or regulations made there under.  \r\n46. Power to make rules .– (1) The Federal Government may, after consulting the \r\nCouncil by notification in the official Gazette, make rules to carry out the purposes of \r\nthis Act. \r\n(2) In particular and without prejudice to the generality of the fore -going \r\npower, such rules may provide for all or any of the following matters, namely:–  \r\n(a) the time and place at which and the manner in which elections shall be  \r\nheld;  \r\n(b) the manner in which vacancies shall be filled;  \r\n(c) the form of the list and register and the particulars to be entered therein;  \r\n(d) fees chargeable for the registration, alteration in the  register regarding \r\nadditional qualifications and alteration of other entries in the register \r\n(e) fees chargeable from institutions applying for recognition under this Act;  \r\n(f) the registration with Board concerned of students admitted to recognized \r\ninstitutions and the fees chargeable for such registration; \r\n(g) fees cha rgeable for admission or tests held u nder any provision of this \r\nAct; \r\n(h) the purposes for which the fees received b y the Council shall be applied; \r\nand  \r\n(i) fee chargeable for renewal of registration. \r\n47. Power to make regulations .– The Council may with the  previous approval in \r\nwriting of the Federal Government make regulations not inconsist ent with this Act or the \r\nrules made there under for the following matters, namely:– \r\n(a) courses of study for training and qualifying examinations; \r\n(b) Languages in which examinations shall be conducted  and instruction \r\ngiven;  \r\n(c) admission of students to recognized institutions;  \r\n(d) the conditions under which candidates shall be admitted to different \r\ncourses and the qualifying and other examinations;  \r\n(e) the conditions o f appointment of examiners and the conduct of \r\nexaminations;  \r\n(f) the conditions for the appointment of teachers in recognized institutions \r\nand the qualifications of the principals and teachers thereof;  \r\n(g) The requirements for the recognition of teaching institutions;  \r\n(h) the time and place at which the Council shall hold its meetings;  \r\n(i) such other ma tters as may be necessary for t he exercise of powers and \r\nperformance of functions to be exercised or performed by the Council \r\nunder this Act and the rules made there under. \r\n48. Policy issues relating to the affairs of the Council .– In the discharge of its \r\nfunction, the Council shall be guided on questions of policy by the instructions, if any, as \r\nmay be given to it, from time to time by the Federal Governme nt which shall be the sole \r\njudge as to whether a question is a question of policy.",
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