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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 405] NEW DELHI, TUESDAY, NOVEMBER 10, 1970/KARTIKA 19,1892

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF HOME AFFAIRS

ORDER

New Delhi, the 10th November, 1970

S.O. 3711—In exercise of the powers conferred by sub-sections (1) and (2) of section (4) of the Interstate Corporations Act, 1957 (38 of 1957), the Central Government, after consulting the Governments of the States of Punjab and Haryana and the Administrators of the Union territories of Himachal Pradesh and Chandigarh, approves with certain modifications, the scheme forwarded by the Government of Punjab relating to the reconstitution and reorganisation of the Punjab State Faculty of Ayurvedic and Unani Systems of Medi- cine, being a corporation constituted under the Punjab State Faculty of Ayurvedic and Unani Systems of Medicine Act. 1963 (Punjab Act 38 of 1963), and now functioning in the States; of Punjab and Haryana, the Union territory of Chandigarh and the territories transferred to the Union territory of Himachal Pradesh under section 5 of the Punjab Reorganisation Act. 1966 (31 of 1966) and for the purpose of giving effect to the scheme so approved, the Central Govern- ment hereby makes the following Order, namely:—

1. Short title and commencement.—(1) This Order may be called the Punjab State Faculty of Ayurvedie and Unani Systems of Medicine (Reconstitution and Reorganisation) Order, 1970.

(21) It shall come into force at once.

2, Definitions.—In this Order, unless the context otherwise requires,—

(a) "Act" means the Punjab State Faculty of Ayurvedic and Unani Sys- tems of Medicine Act, 1963 (Punjab Act 38 of 1963);

( 1797 )

(b) "appointed day" means the 1st day of December, 1970; (c) "existing Faculty" means the Punjab State Faculty of Ayurvedic and Unani Systems of Medicine constituted under the Act, functioning and operating immediately before the appointed day in the State of Punjab as it existed immediately before the 1st day of November, 196";

(d) "Haryana Faculty" means the Haryana State Faculty of Ayurvedic and Unanl Systems of Medicine established under the Act aa from the appointed day for the State of Haryana;

(e) '^prescribed ratio," in relation to the Punjab Faculty and the Haryana

Faculty, means the ratio of 8:7;

(f) "Punjab Faculty" means the Punjab State Faculty of Ayurvedic and Unani Systems of Medicine established under the Act as from the appointed day for the State of Punjab;

(g) "Schedule" means the Schedule appended to this Order; (h) "successor Faculty," in relation to the existing Faculty, means the Punjab Faculty or the Haryana Faculty;

(i) all other words and expressions used herein and not defined in this Order but defined in the Act, shall have the meanings assigned to them in the Act.

3. Dissolution of existing Faculty and Constitution of separate Faculties in the States of Punjab and Haryana.—As from the appointed day—

(a) the existing Faculty shall stand dissolved, and the members thereof

shall cease to hold office as such members;

(b) the Government of Punlab shall establish and constitute under the Act a Faculty for the State off Punjab called the Punjab State Faculty of Ayurvedic and Unani Systems of Medicine; and

(c) the Government of Haryana shall establish and constitute under the Act a Faculty for the State of Haryana called the Haryana State Faculty of Ayurvedic and Unani Systems of Medicine.

4. Appointment of Secretary—(11 The Secretary of the existing Faculty hold- ing office immediately before the appointed day, shall, as from that date, Ibe deemed to be appointed as the Secretary of the Punjab Faculty on the same terms and conditions as were applicable to him immediately before that date, and until they are duly varied by a competent authority under the Act.

(2) Until the appointment of a Secretary by the Haryana Faculty under sec- tion 13 of the Act, the Government off Haryana shall awpoint a person to be the Secretary of the Haryana Faculty on such terms and conditions as it deems fit.

5. Provision relating to employees of the existing Faculty other than Secre- tary.—(1) All officers and servants (other than the Secretary), of the existihg, Faculty shall be allotted by the existing Faculty to the Punjab Faculty 4hd the Haryana Faculty, in the prescribed ratio after taking into consideration, as far as may be possible, the options of the employees, and oh and from the appointed day any such person shall be deemed to have been transferred to the successor Faculty to which he has been allotted on thf same terms and conditions as were applicable to him immediately before that date until they are duly varied by a competent authority under the Act,

(2) The services rendered bv every person to the existing Faculty upto the appointed day shall, on his transfer to a successor Faculty under sub-r*nragrsph (1), count as service under the Faculty to -which hf is so transferred, for pur- poses of leave, gratuity, provident fund and all other benefits to which he was entitled immediately before the appointed day.

(3) Nothing in this paragraph¹ shall be deemed to affect thp right of a suc- cessor Faculty to determine, after the ot>Dointed day. the conditions of service of persons transferred to it under sub-paragraph (11 above:

Provided that the conditions of service applicable before the a^oint^d day to any such person shall not be varied to his disadvantage except with the pre- vious approval of the Government of Punjab or the Government of Haryana, as ttie gase may be.

6. Recovery of outstanding fees and dues.—All fees and other dues payable to the existing Faculty under the Act upto the appointed day shall,—

(a) if the dues are payable by a person borne on the rolls of a recognised institution in the State of Haryana, be recovered and retained |by the Haryana Faculty; and

(b) in any other case, be recovered and retained by the Punjab Faculty,

7. Division of cash balance.—The cash balance held by the existing Faculty Immediately beffore the appointed day shall, after deducting all the liabilities of the existing Faculty upto that date, be apportioned among the successor Facul- ties in the prescribed ratio.

8. Residuary provision.—Any other assets or liabilities of the existing Faculty, immediately before the appointed day, not expressly hereinbefore provided forj shall be apportioned among the successor Faculties in the prescribed ratio.

9. Legal proceedings.—Where, immediately before the appointed day, the exist- ing Faculty is a party to any legal proceedings instituted in any Court, by or against any person,—>

(a) if the Court is situated in the State of Haryana, the Haryana Faculty;

and

(b) in any other case, the Punjab Faculty,

shall respectively be deemed to be substituted for the existing Faculty as a party to the proceedings and the proceedings may continue accordingly.

10. Contracts.—Where, before the appointed day, the existing Faculty has made any contract which on that date is subsisting, such contract shall be deem- ed to have been made,—

(a) if the purposes of the contract are, on and from the appointed day, exclusively relatable to the area comprising the State of Haryana, by the Haryana Faculty; and

(b) in any .other case, by the Punjab Faculty,

and all rights and liabilities which have accrued or may accrue under any such contract shall, to the extent to which they would have been the rights and liabili- ties of the existing Faculty, be the rights and liabilities of the successor Faculty concerned.

11. Transfer of proceedings pendimg before existing Faculty.—Any proceeding relating to any person or institution pending immediately before the appointed day before the existing Faculty shall, on and from that day, stand transferred for disposal according to law—

(a) if the person concerned is domiciled or the institution is located in

the State of Haryana, to the Haryana Faculty, and

(b) in any other case, to the Punjab Faculty.

12. Holding of examlnatlons.^Until the Haryana Faculty intimates to the Pun- jab Faculty that the former has made arrangements for holding the qualifying examinations which, immediately before the appointed day, were being held by the existing Faculty, the Punjab Faculty shall allow the students from recognis- ed institutions situated in the State of Haryana to appear for the qualifying exa- minations held (by the Punjab Faculty and the fees received from such students shall be paid to the Punjab Faculty.

13. Saving.—Any bye-laws rules or regulations framed by, or in respect of, the existing Faculty shall, until other provision is made under the Act by oj in respect of the relevant Faculty, be deemed to be the bye-laws, rules or regula- tions framed by, or in respect of, the Punjab Faculty or, as the case may be, the Haryana Faculty.

14. Adaptations and modifications in the Act.—As from the appointed day. the Act shall, until altered, repealed or amended by a competent Legislature, have effect, subject to the provisions of, and the adaptations and modifications speci- fied in, the Schedule annexed hereto.

SCHEDULE

(See paragraph 14)

THE PUNJAB STATE FACULTY OF AYURVEJJIC AND UNANI SYSTEMS OF MEDICINE ACT, 1963

(PUNJAB ACT 38 OF 1963)

1. In section 1, after sub-section (1), the following sub-section shall be in- serted, namely:—

"(1A) It extends to the States of Punjab and Haryana, as constituted under Punjab Reorganisation Act. 1966 (31 of 1966)."

2. In section 2,—

(i) for clause (a), the following clause shall be substituted, namely:—

"(a) "Djrgctor of Ayurveda?' means the Director of Ayurveda, Punjab or, as the case may be, the Director of Ayurveda, Haryana and in- cludes a Deputy Director of Ayurveda, an Assistant Director of Ayurveda and such, other officer as the State Government of Pun- jab or Haryana may appoint for exercising the powers and per- forming the functions of the Director of Ayuryeda under this Act and the rules made thereunder;"

(ii) for clause (b), the following clause shall be substituted, namely:—

**(b) "Faculty" means the Punjab State Faculty of Ayurvedic and Unani Systems of Medicine or the Haryana State Faculty of Ayurvedio and Unani Systems of Medicine;"

(iil) for clause (g), the following clause shall be substituted, namely:—

"(g) all other words and expressions used but not defined in this Act shall, in relation to the State of Punjab, have the meanings assign- ed to them in the Punjab Ayurvedic and Unani Practitioners Act, 1963 (Punjab Act No. 42 of 1963) and in relation to the State of Haryana have the meanings assigned to them in that Act as amend- ed toy the Punjab Ayurvedic and Unani Practitioners (Haryana Amendment and Validation) Act, 1969 (Haryana Act No. 18 of 1969)."

3. After section 2, the following section shall be inserted, namely:—

"2A. Construction of certain references in the Act.—In the application of this Act to the State of Haryana, any reference therein to any expression men- tioned in column (1) of the Table below shall be construed as a reference to the corresponding expression mentioned in column (2) of the said Table.

TABLB

(1)

State Government

Punjab State Faculty of Ayurvedic and Unani Systems of Medicine

each House of the State Legislature

both Houses agree

Official Gazette

(2)

Government of the State of Haryana

Haryana State Faculty of Ayurvedic and Unani Systems of Medicine

the Legislative Assembly

the Legislative Assembly agrees

Official Gazette of the Government of Haryana".

4. Sub-sections (3) and (4) of section 3 shall be omitted.

5. After section 3, the following section shall be inserted, namely:—

"3A. Provision- for Faculties in Punjab and Haryana-—(1) The Faculty established under section 3 and functioning and operating in the States of Punjab and Haryana, the Union territory of Chandigarh, and the part of the Union territory of Himachai Pradesh to wnich

this Act extends, immediately before the appointed day as denned in the Punjab State Faculty of Ayurvedic and Unani Systems of Medicine (Reconstitution and Reorganisation) Order, 1970, issued under section 4 of the Inter-State Corporations Act, 1957 (Central Act 38 of 1957), shall, as from that date, stand dissolved and the memlbers thereof shall, notwithstanding anything contained in sec- tion 7, cease to hold office as such members and a new Faculty shall be constituted by the State Government concerned for each of the States of Punjab and Haryana in accordance with sub-section (2).

(2) As from the date referred to in sub-section (1)—

(a) the Punjab State Faculty of Ayurvedic and Unani Systems of Medi- cine shall consist of a Chairman who shall be the Director of Ayur- veda, Punjab, or, if the post of Director is vacant, such other offi- cer as the State Government may. by notification, appoint, a vice- Chairman who shall be the Deputy Director or Assistant Director of Ayurveda and the following other members to be appointed by notification by the State Government, namely:—

(i) two principals from the recognised institutions in Ayurvedic Sys- tem and Unani System;

(ii) two members of the Board recommended by it; and

(Hi) three registered practitioners whose names are entered or deemed to foe entered in Part I of the Register. Of whom one shall be a person practising the Unani System;

(b) the Haryana State Faculty of Ayurvedic and Unani Systems of Medi- cine shall consist of a Chairman who shall be the Director, Health Services, Haryana, a Vice-Chairman who shall be the Deputy Di- rector (Ayurveda), Haryana and the following other members to be appointed by notification by the State Government, namely:—

(1) one principal from the recognised Institutions in Ayurvedic System and Unani System;

(ii) one member of the Board recommended by it; and

(iii) two registered practitioners whose names are entered or deemed to be entered in Part I, or the corresponding Part, of the Register, of whom one shall be a person practising the Unani System."

6. In section 7. in sub-section (1), for the words, brackets and figures "clauses (1), (11) and (iii) of sub-section (3) of section 3", the words, brackets, letter and figures "clauses (a) and (b) of sub-section (2) of section 3A" shall be substituted.

7. In section 9, for the word and figure "section 3", the word, figure and letter "section 3A" shall be substituted.

8. After section 15, the following section ahall be Inserted, namely:—

"15A. Temporary provisions in respect 0} holding examinations.—Until the Faculty established for the State of Haryana under section 3A inti- mates to the Faculty established for the State of Punjab under that section that the former has made arrangements for holding the quali- fying examinations which, immediately before the appointed day as defined in the Punjab State Faculty of Ayurvedic and Unani Systems of Medicine (Reconstitution and Reorganisation) Order, 1970, issued under section 4 of the Inter-State Corporations Act, 1957 (Central Act 38 of 1957) were being held by the Punjab State Faculty of Ayurvedic and Unani Systems of Medicine, the Faculty established for the State of Punjab shall allow the students from recognised institutions situated in the State of Haryana to appear for the quali- fying examinations held by the Faculty established for the State of Punjab and the fees received from such students shall be paid to the Punjab State Faculty of Ayurvedic and Unani Systems of Medicine."

[No. F. 17/68/67-SR.]

K. R. PRABHU, Jt. Secy.

IlINTED BY THB OBMUtAL MANAGD, OOVKIHlfBNT CH" INDU P I M, M B fM KOM*.

MEW DELHI AMD PUMJSHED BY T Hl M1KAQ1B OF IDBUCATJONS, D U J 9, l y Tt