(xxxii)

Haryana Government Gazette

EXTRAORDINARY

Published by Authority

No. 58-2021/Ext.]

CHANDIGARH, WEDNESDAY, APRIL 7, 2021

(CHAITRA 17, 1942 SAKA )

LEGISLATIVE SUPPLEMENT

CONTENTS

PAGES

PART-I

ACTS

THE HARYANA YOG AAYOG ACT, 2021

109-113

(HARYANA ACT NO. 17 OF 2021).

PART-II ORDINANCES

NIL

PART-III DELEGATED LEGISLATION

NIL

PART-IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS

NIL

HARYANA GOVT. GAZ. (EXTRA.), APR. 7, 2021 (CHTR. 17, 1942 SAKA)

109

PART - I

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 7th April, 2021

No. Leg. 17/2021.— The following Act of the Legislature of the State of Haryana

received the assent of the Governor of Haryana on the 20th March, 2021 and is hereby published

for general information:-

HARYANA ACT NO. 17 OF 2021

THE HARYANA YOG AAYOG ACT, 2021

ACT

to establish Aayog in the State of Haryana for the promotion, management, regulation,

training of Yoga and Naturopathy, to promote naturopathy system of medicine, to regulate the

practice thereof and to deal with other matters such as training, promotion and Yogasana as a

Sport etc. and for matters connected therewith or incidental thereto.

Be it enacted by the Legislature of the State of Haryana in the Seventy-second Year of the

Republic of India as follows:-

(1)

This Act may be called the Haryana Yog Aayog Act, 2021.

(2)

It shall come into force on the date of its publication in the Official Gazette.

Short title and

commencement.

In this Act, unless the context otherwise requires,-

(a)

“Aayog” means the Haryana Yog Aayog established under section 3;

(b)

“AYUSH” means the indigenous system of medicine related to Ayurveda, Yoga

and Naturopathy, Unani, Siddha, Sowa-rigpa and Homoeopathy;

(c)

“Chairman” means the Chairman of the Aayog;

(d)

“committee” means the committee constituted under section 16 of the Act;

(e)

“institution” means any College/ Institute/ University/ Board/ Faculty established

by law conducting Yoga or Naturopathy courses recognized by State Government

or the Central Government;

(f)

“member” means the official or non-official member of the Aayog including

Chairman and Vice-Chairman;

(g)

“naturopathy” means a system of man-building in harmony with constructive

principles of nature on physical, mental, moral and spiritual planes of living,

having health promotive, disease preventive, curative and restorative potential;

(h)

“naturopathy system of therapy” means a drugless, non-invasive system of therapy

involving the use of natural elements in its treatment based on the theory of

vitality, toxemia, self-healing capacity of the body and the principles of healthy

living;

(i)

“prescribed” means prescribed by the rules made under this Act;

(j)

“register” means the register of practitioners maintained under clause (a) of

sub-section (2) of section 18;

(k)

“registered Yoga or Naturopathy practitioners” means a practitioner of Yoga or

Naturopathy registered under the provisions of this Act and the rules made

thereunder;

(l)

“Registrar” means the Registrar of the Aayog;

(m)

“State Government” means the Government of the State of Haryana in the

administrative department;

(n)

“Yoga” means a discipline to improve or develop one’s inherent power in a

balanced manner which offers the means to attain complete self-realization and it is

a technique to suppress the modification of mind.

Definitions.

HARYANA GOVT. GAZ. (EXTRA.), APR. 7, 2021 (CHTR. 17, 1942 SAKA)

110

Establishment

of Aayog.

(1)

The State Government shall, by notification in the Official Gazette, establish a body

to be known as the Haryana Yog Aayog to exercise the powers conferred on and to perform the

functions assigned to it under this Act.

(2)

The Aayog shall have perpetual succession and a common seal and may by said name

sue and be sued.

Constitution of

Aayog.

The State Government shall, by notification in the Official Gazette, constitute the Aayog

consisting of the following members, namely:-

(1)

Official members:-

(a)

Director, Sports and Youth Affairs Department, Haryana or his representative

not below the rank of Deputy Director/Assistant Director;

(b)

Director AYUSH, Haryana or his representative not below the rank of Deputy

Director/Assistant Director;

(c)

Dean/Registrar, Shri Krishna AYUSH University, Kurukshetra or his

representative not below the rank of Professor/Head of the Department, Yoga;

(d)

Director, Secondary Education Department, Haryana or his representative not

below the rank of Deputy Director/Assistant Director;

(e)

Medical Officer, AYUSH Department;

(2)

Non-official members:-

There shall be eleven non-official members including Chairman and

Vice-Chairman to be nominated by the State Government amongst the following:-

(a)

three members having Bachelor degree in AYUSH with atleast five years

experience of Yoga education/training/practice;

(b)

two members having Bachelor of Naturopathy and Yogic Sciences degree

with atleast five years experience in Naturopathy;

(c)

one member having Bachelor degree in Yoga/Naturopathy with research

background;

(d)

three members having Bachelor degree in any stream with atleast five years

experience certificate in Yoga education/training/practice;

(e)

two members from amongst the registered Yoga or Naturopathy practitioners.

Chairman.

The Chairman of the Aayog shall be nominated by the State Government from amongst the

non-official members and shall exercise such powers and perform such duties, as may be

prescribed.

Vice-

Chairman.

The Vice-Chairman of the Aayog shall be nominated by the State Government from

amongst the non-official members and shall perform the duties of Chairman in case of vacancy or

absence of Chairman.

Registrar.

(1)

The State Government shall depute the Medical Officer from AYUSH department,

Haryana as Registrar of the Aayog, who shall be the Member Secretary of the Aayog and shall

perform such duties, as may be prescribed.

(2)

The Registrar shall authenticate all decisions and resolutions passed in the meeting

and shall follow such procedure of proceeding of meeting, as may be prescribed.

Terms and

conditions of

service of non-

official

members and

other

employees.

The terms and conditions of service of non-official members and other employees shall be as

follows:-

(i)

non-official members shall be nominated for a term of five years which may be

extendable for further term with the approval of State Government;

(ii)

the term of non-official member shall start from the date of first meeting of the

Aayog;

(iii)

a non-official member may, at any time by writing under his hands addressed to the

Chairman, resign from his office and a vacancy caused thereof shall be filled by fresh

nomination;

(iv)

the non official member shall receive such honorarium and such other allowances for

attending meeting of Aayog, as may be prescribed;

HARYANA GOVT. GAZ. (EXTRA.), APR. 7, 2021 (CHTR. 17, 1942 SAKA)

111

(v)

the salaries, allowances and honorarium etc. payable to non-official members,

officials and other employees of the Aayog shall be paid out of the grant received

from the State Government;

(vi)

the salaries and allowances payable to, and the other terms and conditions of

service of the non-official members, officers and other employees of the Aayog,

shall be such, as may be prescribed.

(1)

A non-official member becomes disqualified to continue in office if that member-

(a)

becomes an un-discharged insolvent;

(b)

gets convicted and sentenced to imprisonment for an offence involving

moral turpitude;

(c)

becomes of unsound mind and stands so declared by a competent medical

board;

(d)

becomes incapable in performing his duties due to any medical reason or

otherwise;

(e)

is, without obtaining leave of absence from the Aayog, absent himself from

three consecutive meetings of the Aayog; or

(f)

has so abused his position as to render his continuance in office prejudicial

to the public interest:

Provided that no member shall be removed under this clause until

that member has been given a reasonable opportunity of being heard.

Disqualification

of non-official

members.

10.

The State Government may remove any or all of the non-official members of Aayog at

any time, if there are sufficient reasons to believe that the member(s) is inimical to the spirit of

the Act.

Removal of non-

official members.

11.

In the event of death, resignation, disqualification or removal of non-official member, a

vacancy shall be deemed to have occurred in such office and such vacancy shall be filled as early

as possible by fresh nomination of a person thereto as a member, who shall hold office for the

unexpired term of his predecessor.

Vacancy.

12.

No act or proceeding of the Aayog shall be questioned or shall be invalid merely on the

ground of the existence of any vacancy or defect in the constitution of the Aayog.

Vacancies not to

invalidate

proceedings.

13.

The State Government may on the requisition of the Aayog provide such officers and

other officials, as it may deem fit, for the smooth functioning of the Aayog.

Officers and other

officials.

14.

The Aayog shall hold meeting at least once in every three months and as many meetings

as required and the quorum of the meeting shall be one third of the total number of members.

Meetings of

Aayog.

15.

The State Government may, after giving reasonable notice to the Aayog and after hearing

its objections, if any, suspend, cancel or modify any resolution passed by the Aayog.

Suspension,

cancellation and

modification of

resolutions.

16.

(1)

The Aayog may constitute as many committees, as it may deem fit, for smooth

functioning of Aayog consisting of minimum of three members from officials and non-officials

members in the ratio of 1:2 which shall be headed by the official member.

(2)

The Committee so constituted shall submit its report/ proposal/ suggestion/ advice

in the prescribed time framed and submit the same to the Aayog.

Committee.

17.

The Aayog shall perform the following functions, namely:-

(a)

to act for the promotion, training and regulation of the Yoga or Naturopathy in

consultation with the State Government;

(b)

to organize Yogasana (Yoga-Postures) competitions at the State/District/

Corporation/Municipal/ Tehsil /Panchayat level for primary, middle and senior

secondary schools;

Functions of

Aayog.

HARYANA GOVT. GAZ. (EXTRA.), APR. 7, 2021 (CHTR. 17, 1942 SAKA)

112

(c)

to educate, campaign and to make people aware about the benefits of Yoga or

Naturopathy and to take steps for inclusion in curriculum of school syllabus;

(d)

to review periodically the yoga courses, the syllabi, educational standards and give

recommendations to the State Government for the same;

(e)

to perform such others functions, as may be prescribed.

Functions and

powers of

Registrar.

18.

(1)

The Registrar shall register a Yoga or Naturopathy practitioner who is qualified from

any institution in such form, manner along with such fee, as may be prescribed.

(2)

The Registrar shall,-

(a)

maintain the register of Yoga or Naturopathy practitioners in the State;

(b)

regulate the professional conduct of registered Yoga or Naturopathy

practitioners by such code of ethics, as may be prescribed;

(c)

after giving opportunity of being heard suspend or remove the name from the

practitioner, as may be prescribed.

Appeal to

Aayog from

decision of

Registrar and

other powers of

Aayog.

19.

(1)

Any person aggrieved by the decision of the Registrar regarding registration of any

person or any entry in the register may appeal to the Aayog.

(2)

Such appeal shall be filed with, and shall be heard and decided by, the Aayog in the

manner prescribed.

Budget.

20.

(1)

The Aayog shall on such date, as may be prescribed, prepare and submit to the State

Government, in the prescribed form, the demand of grant for the next financial year, showing the

estimated receipts and expenditure.

(2)

The State Government may sanction the grant submitted to it with such modification,

if any, as it deems proper.

(3)

When the grant is sanctioned by the State Government, the Aayog shall be competent

to appropriate the amounts out of the grant for the purpose for which the provision is made in the

budget.

Accounts and

audit.

21.

(1)

The Aayog shall maintain proper accounts and other relevant records and prepare an

annual statement of accounts including the income and expenditure and balance sheet, utilization

certificate, in such form and manner, as may be prescribed.

(2)

The accounts of the Aayog shall be examined and audited by the Director, Local

Fund Accounts in accordance with the relevant provisions.

(3)

The audited statement of accounts and working report of the Aayog shall be

submitted to the AYUSH Department before the 31st July of every year.

Fund of Aayog.

22.

(1)

The fund of the Aayog shall be constituted of the funds collected as registration,

renewal fee etc. and such fund shall be maintained by way of bank account in the Nationalized

Bank.

(2)

The Chairman and Registrar of the Aayog shall jointly operate the said bank account

for carrying out the purposes of this Act.

Power to make

rules.

23.

(1)

The State Government may, by notification in the Official Gazette make rules for

carrying out the purposes of this Act.

(2)

Every rule made under this Act shall be laid, as soon as may be, after it is made,

before the House of the State Legislature.

Officers and

Officials to be

public servants.

24.

Every officer and official appointed under this Act, while exercising any power or

performing any duty under this Act, shall be deemed to be a public servant within the meaning of

section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).

Removal of

difficulties.

25.

(1)

If any difficulty arises in giving effect to the provisions of this Act, the State

Government may, by order published in the Official Gazette, make such provisions not inconsistent

with the provisions of this Act, as appear to it to be necessary or expedient for removal of the

difficulty:

HARYANA GOVT. GAZ. (EXTRA.), APR. 7, 2021 (CHTR. 17, 1942 SAKA)

113

Provided that no such order shall be made after the expiry of a period of two years

from the date of the commencement of this Act.

(2)

Every order made under this section shall, as soon as may be after it is made, be

laid before the State Legislature.

26.

No suit, prosecution or other legal proceedings shall lie against any officer or employee of

the State Government for anything which is in good faith done or intended to be done under this

Act or rules made thereunder.

Protection of

action taken in

good faith.

27.

Anything done by the Haryana Yog Council or renamed as Haryana Yog Aayog vide

notification No. 9/24/2019-6HB-II, dated the 15th January, 2021, before the commencement of

this Act shall be deemed to have been done under this Act as per the provisions of section 6 of

the General Clauses Act.

Savings.

BIMLESH TANWAR,

Administrative Secretary to Government, Haryana,

Law and Legislative Department.

9142—L.R.—H.G.P., Pkl.