SECRETARIAT OF THE KERALA LEGISLATURE

NOTIFICATION

No. 3130/Legn. 2/07/Leg.

Dated, Thiruvananthapuram, 11th September 2007.

The Kerala Ayurveda Health Centres (Issue of Licence and Control) Bill,

2007 together with the Statement of Objects and Reasons, the Financial

Memorandum and the Memorandum regarding Delegated Legislation is

published, under Rule 69 of the Rules of Procedure and Conduct of Business in

the Kerala Legislative Assembly.

DR. N. K. JAYAKUMAR,

Secretary,

Legislative Assembly.

Kerala Gazette No. 36 dated 11th September 2007.

PART II

Twelfth Kerala Legislative Assembly

Bill No. 123

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THE KERALA AYURVEDA HEALTH CENTRES (ISSUE OF

LICENCE AND CONTROL) BILL, 2007

BILL

to provide for the issue of licence to Ayurveda Health Centres in the State

and to control their function.

Preamble.—WHEREAS, it is expedient to provide for the issue of licence

to Ayurveda Health Centres in the State and to Control their functions ;

BE it enacted in the Fifty-eighth Year of the Republic of India as

follows :—

Short title, extent and commencement.—(1) This Act may be called the

Kerala Ayurveda Health Centres (Issue of Licence and Control) Act, 2007.

(2)

It extends to the whole of the State of Kerala.

(3)

It shall come into force from such date as the Government may by

notification in the Gazette, appoint.

CHAPTER I

PRELIMINARY

Definitions.—In this Act, unless the context otherwise requires,—

(a)

“Ayurveda Health Centre” means an establishment or premises by

whatever name be known to provide Ayurveda treatment but does not include

the establishments, which are under the direct ownership or management of

the Government ;

(b)

“Director” means the Director of Department of Indian System of

Medicine under the Government of Kerala having jurisdiction all over the State;

(c)

“Government” means the Government of Kerala;

(d)

“Local Self Government Institution” means a Village Panchayat

constituted under the Kerala Panchayat Raj Act, 1994 (13 of 1994), or a

Municipality constituted under the Kerala Municipality Act, 1994 (20 of 1994);

(e)

“Manager” means the owner or the person responsible for the

administration and management of an Ayurveda Health Centre;

(f)

“Masseur/Therapist” means a person employed for the treatment as

directed by a registered medical practitioner in an Ayurveda Health Centre and

having recognised qualifications as prescribed;

(g)

“Nurse” means a person employed for nursing duty in an Ayurveda

Health Centre and having equivalent qualification, as prescribed;

(h)

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

(i)

“Licence” means the licence issued by the Director after conducting

necessary inspections as specified in this Act;

(j)

“Registered Medical Practitioner” means an Ayurveda Medical

Practitioner registered under the Travancore-Cochin Medical Practitioners Act,

1953 (9 of 1953) or Indian Medicine Central Council Act, 1970 (Central Act

48 of 1970) as A-Class;

(k)

“State” means the State of Kerala;

(l)

“Treatment” means all types of treatments provided as per Indian

systems of treatment such as Ayurveda, Siddha, Unani, for the cure of any

particular disease or improving the health of any person .

CHAPTER II

ISSUE OF LICENCE AND CONTROL

Issue of licence to Ayurveda Health Centres.—(1)

No person shall

run any Ayurveda Health Centre within the jurisdiction of a Local Self

Government Institution after the commencement of this Act without a licence

issued under section 6 of this Act in addition to the licence issued from the

Local Self Government Institution.

(2)

In the case of an Ayurveda Health Centre existing, within the

jurisdiction of any Local Self Government Institution, at the time of

commencement of this Act, shall obtain licence under this Act within six

months from the date of commencement of this Act and if fails to obtain such

licence or to apply for such licence, such Centre shall not continue to function

after the above said period of six months.

(3)

The period of licence issued under section 6 shall for three years

from the date of its receipt and the same shall be renewed after every three

years.

Conditions for the issue of licence.—(1) Based on the facilities of

treatment in the Ayurveda Health Centres, they are classified into three as

category (A), category (B) and category (C) and the facilities to be available

there shall be as follows, namely:—

(I)

Category (A)

(1)

The patients shall have convenient accommodation facility in

separate rooms or ward;

(2)

There shall be treatment rooms in the proportion one for eight

patients;

(3)

The treatment room shall have an area of at least 100 square

feet and bathroom and toilet facilities shall be attached thereto;

(4)

There shall be a ‘dhroni’ made up of wood or fibre having at

least 7 feet length and 2 ½ feet width in the treatment room;

(5)

Drinking water, air and light shall be available in the treatment

room;

(6)

Stove and hygienic accessory equipments shall be available in

the treatment room;

(7)

There shall be a Medical Practitioner’s consultation room with

equipments such as examination tables, stethoscope and B. P apparatus;

(8)

Scientifically made Vasthi Yanthra and necessary utensils shall be

available;

(9)

There shall be at least one Registered Medical Practitioner of full

time service;

(10)

There shall be atleast two male therapists/masseurs and two

female therapists/masseurs and the proportion of therapists/masseurs shall be

increased according to the number of treatment room, as prescribed;

(11)

There shall be a nurse for full time service in an Ayurveda

Health Centre and if it exceeds 8 beds, there shall be nurses in the proportion

one for eight;

(12)

Necessary employees shall be therefore cleaning work, etc;

(13)

There shall be a responsible manager in the treatment centre.

(II)

Category (B)

(1)

The treatment room shall have an area of at least 100 square feet

and bathroom and toilet facilities shall be attached thereto;

(2)

There shall be a ‘dhroni’ made up of wood or fibre having at least 7

feet length and 2½ feet width in the treatment room;

(3)

Drinking water, air and light shall be available in the treatment room;

(4)

Stove and hygienic accessory equipments shall be available in the

treatment room;

(5)

There shall be a Medical Practitioner’s consultation room with

equipments such as examination tables, stethoscope, and B.P. apparatus.

(6)

There shall be at least one male therapist/masseur and a female

therapist/masseur and the proportion therapist/masseur shall be increased

according to the number of treatment rooms, as prescribed.

(7)

The service of a Registered Medical Practitioner shall be available

during working hours.

(III)

Category (C)

(1)

The treatment rooms shall have an area of at least 100 sq. ft. and

bathroom and toilet facilities shall be attached thereto;

(2)

There shall be a ‘dhroni’ made up of wood or fibre having at least 7

feet length and 2½ feet width in the treatment room;

(3)

Drinking water, air and light shall be available in the treatment

room;

(4)

Stove and hygienic accessory equipments, shall be available in the

treatment room;

(5)

There shall be a Medical Practitioner’s consultation room with

minimum equipments such as examination tables, stethoscope and B. P.

apparatus;

(6)

There shall be at least one male therapist/masseur and a female

therapist/masseur and the proportion of therapist/masseur shall be increased

according to the number of treatment rooms, as prescribed;

(7)

The service of a Registered Medical Practitioner shall be available

during working hours.

(2)

In-patient treatment shall not be carried out in Ayurveda Health

Centres included in category (B). Complicated treatments and ‘Panchakarma’

treatments such as ‘Vamanam’ ‘Virechanam’ ‘Vasthy’ and ‘Nasyam’ shall not be

carried out in the Ayurveda Health Centres included in category (C) but

massaging and Udvarthanam can be carried out.

(3)

The following general conditions shall apply to all categories of

Ayurveda Health Centres, namely :—

(i)

The therapist/masseur shall wear uniform, as prescribed during

working hours;

(ii)

The treatment of male patients who come to a centre for

treatment shall be done only by male therapist/masseur and the treatment of

female patient shall be done only by female therapist/masseurs;

(iii)

Only quality medicines shall be used in an Ayurveda Health

Centre for treatment and the components of the medicines shall be convinced

to the examiner;

(iv)

The medicines and oils used for one patient shall not be used

for another patient and arrangement shall be made in such Ayurveda Health

Centre for the destruction and disposal of the same and other wastes in such a

manner not harmful to the environment;

(v)

Every Ayurveda Health Centre shall be established in healthy

surroundings only and shall be free from sound pollution, as far as possible;

(vi)

The name, license number, details of the licence and working

hours of each Ayurveda Health Centre shall be exhibited in the building or

premises where it is established in a manner clearly visible from outside;

(vii)

treatment in an Ayurveda Health Centre and case sheet shall compulsorily be

kept;

(viii)

Every Ayurveda Health Centre shall exhibit the details of

employees of that Centre, working hours, the methods of treatment provided

therein and the fees fixed for each item of treatment etc., as prescribed.

Powers and duties of the Director.—(1) The power to issue or renew

licence to any Ayurveda Health Centre shall be with the Director.

(2)

The licence shall be issued only after ensuring that the conditions

under section 4 has been complied within an Ayurveda Health Centre by the

Director in person or through a Medical Officer authorised by him. Further, it

shall be specified in the licence under which category the Ayurveda Health

Centre comes.

(3)

The Director or the Medical Officer authorised by him shall have

the power to enter in any Ayurveda Health Centre, on complaint or suo motu

and to inspect whether that Centre is following the conditions under section 4.

(4)

For the purpose of inspection under sub-section (2) or

sub-section (3) such officer shall have the power to require articles, registers,

documents and to discover them and to conduct necessary search.

(5)

The Manager of an Ayurveda Health Centre shall have the duty and

responsibility to render all necessary assistance to the officer mentioned in

sub-section (2) to conduct inspection or search under this Act.

(6)

Any person who does not render lawful assistance or obstructs an

officer mentioned in sub-section (2), for conducting inspection or search under

this Act in an Ayurveda Health Centre, shall be deemed to have committed an

offence under this Act.

Application for licence and fees.—(1)

Every application for licence

or renewal of an Ayurveda Health Centre shall be submitted to the director in

the prescribed form along with the fees as prescribed.

(2)

The Director shall take decision on the application for licence or

renewal within the prescribed time.

Cancellation of licence.—(1)

If it is found on any inspection

conducted under sub-section (3) of section 5, that an Ayurveda Health Centre is

not complying or violating the conditions, the Director or the Medical Officer

authorised by him shall issue a notice specifying such default or defects to the

Manager of such Ayurveda Health Centre requiring him to rectify the same

within the time limit specifically mentioned therein.

(2)

The Ayurveda Health Centre concerned shall rectify any defaults or

defects specified in the notice issued under sub-section (1) within the time limit

specified in that notice and the fact of such rectification shall be communicated

by the Manager of such Ayurveda Health Centre to the Officer, in writing, who

issued the notice under sub-section (1).

(3)

On receipt of an intimation under sub-section (2) that any defaults or

defects specified in the notice under sub-section (1) has been rectified within

the time limit specified in the notice, the officer mentioned in sub-section (1)

shall re-inspect such centre and confirm that the rectification has been carried

out as per the information.

(4)

If it is proved that the concerned Ayurveda Health Centre has not

rectified the defaults or defects specified in the notice under sub-section (1) or

rejects such notice, the Director shall suspend the licence of such Ayurveda

Health Centre for a specified period and if it is found on inspection that the

defects are not rectified even after the said period, the Director shall cancel the

licence of such centre.

Penalty .—(1) Any person who establishes or conducts any Ayurveda

Health Centre without licence, in contravention of the provisions of this Act shall

on conviction, be punished with fine which may extend to one lakh rupees.

(2)

Any person who commits an offence under this Act, except those

mentioned in sub-section (1), shall, on conviction, be punished with fine, which

may extend to fifty thousand rupees.

Offences by companies.—(1) Where the offence committed under this

Act is a company, any person, who at the time of commission of the offence

was in charge of, and was responsible to the company for the conduct of its

business, shall be deemed to be guilty of the offence together with the company

and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such

person liable to any punishment, if he proves that the offence was committed

without his knowledge, or that he had exercised all due diligence to prevent the

commission of such offence.

(2)

Notwithstanding anything contained in sub-section (1), where any

offence under this Act has been committed by a company and it is proved that

the offence has been committed with the connivance or neglect on the part of

any Director or Manager or Secretary or any other officer of the company, such

Director or Manager or Secretary or any other officer of the company also shall

be deemed to be guilty of that offence and shall be liable to be proceeded

against and punished accordingly.

Explanation.—For the purpose of this sub-section :—

(a)

‘Company’ means a body corporate and includes a firm or other

association of persons or an organisation or Co-operative Society.

(b)

‘Director’ in relation to a firm means a partner in the firm.

10.

Appeal.—(1) Any person aggrieved by an order of the Director,

passed under this Act, may prefer an appeal before the Government within

thirty days from the date of receipt of such order, and the Government shall,

after giving the appellant an opportunity of being heard, pass an order

confirming, modifying, or cancelling the order subjected to appeal, as they deem

fit.

(2)

The order passed by the Government under sub-section (1) shall be

final.

CHAPTER III

MISCELLANEOUS

11.

Power to make rules.—(1) The Government may, by notification in the

Gazette, make rules, either prospectively or retrospectively to carryout all or any

of the purposes of this Act.

(2)

In particular, and without prejudice to the generality of the foregoing

power such rules may provide for all or any of the following matters,

namely :—

(a)

all matters expressly required or permitted by this Act to be

prescribed.

(b)

any other matter which is to be, or may be prescribed.

(3)

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

it is made, before the Legislative Assembly while it is in Session for a total

period of fourteen days which may be comprised in one Session, or in two

successive Sessions, and if, before the expiry of the Session in which it is so

laid or the Session immediately following, the Legislative Assembly makes any

modification in the rule or decides that the rule should not be made, the rule

shall thereafter have effect only in such modified form or be of no effect, as the

case may be ; so however that any such modification or annulment shall be

without prejudice to the validity of anything previously done under that rule.

12.

Power to remove difficulties.—(1) If any difficulty arises in giving

effect to the provisions of this Act, the Government may, as the occasion may

require, by order, do anything not inconsistent with the provisions of this Act

which appear to them necessary or expedient for removing the difficulty :

Provided that no such order shall be passed after two years from the date

of commencement of this Act.

13.

Repeal and Saving.—(1) The Kerala Ayurveda Health Centres (Issue

of Licence and Control) Ordinance, 2007 (43 of 2007) is hereby repealed.

(2)

Notwithstanding such repeal, anything done or deemed to have been

done or any action taken or deemed to have been taken under the said

Ordinance shall be deemed to have been done or taken under this Act.

STATEMENT OF OBJECTS AND REASONS

Ayurveda, the noble and ancient system of treatment of India, is gaining

again importance and universal acceptance now-a-days. At present, most of the

well known treatment Centres and Physicians having skill and knowledge in

such Ayurvedic system of treatment are in the State of Kerala.

2. A large number of persons, both domestic and foreigners especially

tourists are coming to Kerala, not only for the cure of diseases but also for

Ayurvedic treatment for health care. In order to exploit this opportunity, many

Ayurvedic centres are coming up especially in the tourist centres, in various

parts of the State in various names such as massage centres, wellness treatment

centres and massage parlours. A number of such rising centres are having no

basic facilities for proper Ayurvedic System of treatment, or trained and

experienced Physicians, Masseurs/Therapist. As a result of this, the treatment

provided in such centres are becoming unscientific and unhealthy and often

bring in bad effect rather than good. Further, there are complaints and news

that sexual activities are taking place in some of such centres and that the

persons who approach for treatment in such centres are victimising to sexual

exploitation and harassment. It has come to the notice of the Government that

as a result of the immoral activities of such centres, it causes disgrace to the

State of Kerala and to the Indian System of treatment including Ayurveda as a

whole. In this circumstances, Government considered it necessary to enact a

legislation for the establishment, operation and control of Ayurveda Health

Centres in the State.

3. As the Legislative Assembly of the State of Kerala was not in Session

and circumstances existed to bring in an immediate legislation to implement the

above decision the Kerala Ayurveda Health Centres (Issue of Licence and

Control) Ordinance, 2006 (2 of 2006) was promulgated by the Governor of Kerala

and was published in the Kerala Gazette Extraordinary No. 31 dated the

6th January, 2006.

4. A Bill to replace the said Ordinance by an Act of the Legislature could

not be introduced in, and passed by, the Legislative Assembly of the State of

Kerala during its session which commenced on the 3rd day of February, 2006

and ended on the 21st day of February, 2006 and in the session which

commenced on the 14th day of March, 2006 and ended on the 15th day of

March, 2006, and as the provisions of the said Ordinance are to be kept alive

the Kerala Ayurveda Health Centers (Issue of Licence and Control) Ordinance,

2006 (22 of 2006) was promulgated by the Governor on the 17th day of March,

2006 and was published as the Gazette Extraordinary No. 598 dated the 17th

March, 2006.

5. As a Bill to replace the said Ordinance by an Act of the Legislature

could not be introduced in, and passed by, the Legislative Assembly of the

State of Kerala during its session which commenced on the 24th day of May,

2006 and ended on the 30th day of June, 2006, and as the provisions of the said

Ordinance are to be kept alive the Kerala Ayurveda Health Centers (Issue of

Licence and Control) Ordinance, 2006 (31 of 2006) was promulgated by the

Governor on the 5th day of July, 2006 and was published as the Gazette

Extraordinary No. 1125 dated the 5th July, 2006.

6. A Bill to replace the said Ordinance by an Act of the Legislature could

not be introduced in, and passed by, the Legislative Assembly of the State of

Kerala during its session which commenced on the 18th day of September,

2006 and ended on the 26th day of October, 2006, and as the provisions of the

said Ordinance are to be kept alive the Kerala Ayurveda Health Centers (Issue

of Licence and Control) Ordinance, 2006 (45 of 2006) was promulgated by the

Governor on the 30th day of October, 2006 and was published as the Gazette

Extraordinary No. 1709 dated the 30th October, 2006.

7. A Bill to replace the said Ordinance by an Act of the Legislature could

not be introduced in, and passed by, the Legislative Assembly of the State of

Kerala during its session which commenced on the 27th day of December, 2006

and ended on the 29th day of December, 2006, and in order to keep alive the

provisions of the said Ordinance the Kerala Ayurveda Health Centres (issue of

Licence and Control) Ordinance, 2007 (6 of 2007) was promulgated by the

Governor of Kerala on the 4th day of February, 2007 and was published as the

Gazette Extraordinary No. 205 dated the 5th February, 2007.

8. A Bill to replace the said Ordinance by an Act of the Legislature could

not be introduced in, and passed by, the Legislative Assembly of the State of

Kerala during its Session which commenced on the 2nd day of March, 2007

and ended on the 29th day of March, 2007 and in order to keep alive the

provisions of the said Ordinance the Kerala Ayurveda Health Centres (Issue of

Licence and Control) Ordinance, 2007 (33 of 2007) was promulgated by the

Governor of Kerala on the 30th day of March, 2007 and was published as the

Gazette Extraordinary No. 638 dated the 2nd April, 2007.

9. A Bill to replace the said Ordinance by an Act of the Legislature has

been published as Bill No. 117 and the same could not be introduced in, and

passed by, the Twelfth Legislative Assembly of the State of Kerala during its

session which commenced on the 19th day of June, 2007 and ended on the

26th day of July, 2007 and in order to keep alive the provisions of the said

Ordinance, the Kerala Ayurveda Health Centres (Issue of Licence and Control)

Ordinance, 2007 (43 of 2007) was promulgated by the Governor of Kerala on the

30th day of July, 2007 and was published as the Gazette Extraordinary No. 1403

dated the 30th July, 2007.

10.

The Bill seeks to replace the Ordinance No. 43 of 2007 by an Act of

the State Legislature.

FINANCIAL MEMORANDUM

The Bill, if enacted and brought into operation, would not involve any

additional expenditure from the Consolidated Fund of the State.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Items (10), (6), (6) under the headings Category (A), Category (B) and

Category (C), respectively of sub-clause (1) of clause 4 of the Bill seeks to

empower the Government to prescribe the number of Therapist/Masseurs should

be available in Ayurveda Health Centres.

Item (viii) of sub-clause (3) of the said clause seeks to empower the

Government to prescribe the manner in which the details of employees in each

Ayurvedic Centre, working hours, the fees prescribed for each item of treatment

providing there etc., should be exhibited.

Sub-clause (1) of clause 6 of the Bill seeks to empower the

Government to prescribe the form and fees for applying for the licence or

renewal.

Sub-clause (2) of clause 6 of the Bill seeks to empower the

Government to prescribe the time for taking decision on the application for

license or renewal.

Clause 11 of the Bill seeks to empower the Government to make rules

either prospectively or retrospectively to carry out the purposes of this Act.

The matters in respect of which notifications may be issued or rules

may be made are matters of procedure and are routine or administrative in

nature. Further, the rules, after they are made, are subject to scrutiny by the

Legislative Assembly. The delegation of the legislative power is, thus, of a

normal character.

P. K. SREEMATHI TEACHER