RULES
CHAPTER 1
PRELIMINARY

1. Short title
This Act may be called the Chhattisgarh Ayurvedic, Uninani Tatha Prakritic Chikitsa Vyavasayi Rules, 1973.

2. Definitions
In these rules unless the context otherwise requires :

(a) 'Act' means the Chhattisgarh Ayurvedic, Uninani Tatha Prakritic Chikitsa Vyavasayi Adhiniyam, 1970 (No. 5 of 1971) :
(b) 'Returning Officer' means Registrar appointed under sub-section (1) of section 20 of the Act;
(c) 'Form' means a form appeneded to these rules;
(d) 'Director' means the Director of Health (Medical) Services, Chhattisgarh.
(e) The words and expressions used in the Act and not defined in these rules shall have the meaning assigned to them in the Act.

CHAPTER II
ELECTION TO THE BOARD

3. Election of the president.-
(1) As soon as may be after the election and nomination of the members under section 4 of the Act are completed, the Director shall fix the date, place and time for the election of the President and the Returning Officer shall thereupon issue a notice by registered post to ail the members accordingly to meet and elect the President.

(2) The meeting for the election of the President shall be Presided over by the Director.

(3) At any time before 12 noon on the day so fixed any member may nominate another member for election by delivering to the Returning Officer a nomination paper signed by himself as proposer and by a third member as seconder and stating the name of the member
nominated : and that the proposer has ascertained that such member willing to serve as President if elected.

(4) On the date fixed for election, the Director shall read out to members, the names of the members nominated together with those of their proposers and seconders and if only one member has been so nominated, shall declare that' member to be duly elected as the President and if more than one member have been so nominated the members shall proceed to elect the President by ballot.

(5) Where more than two candidates have been nominated and at the first ballot no candidate obtains more votes than the aggregate votes obtained by the other candidate, the candidate who has obtained the smallest number of votes shall be excluded from the election and balloting shall proceed. The candidate obtaining the smallest number of votes at each ballot being excluded from the election until one
candidate obtains more votes than the aggregate votes of the remaining candidates. The candidate who obtains more votes than those obtained by the remaining candidates or than the aggregate votes obtained by the remaining candidates, as the case may be, shall be declared to have been elected as President.

(6)Where at any ballot any two or more cantidates obtain an equal number of votes and one of them has to be excluded from the election, under sub-rule (5) the determination as between the candidates whose votes are equal of the candidates who is to be excluded shall by drawing of lots.

4. Election of the Vice-President -
The election of the Vice-President shall be held by the President on the date fixed by him and the procedure prescribed in rule 3 shall mutatis mutandis apply for the election of the Vice-President.

5. Preparation of electoral rolls -
(1) For the purpose of election under section 4 of the Act, the Returning Officer, shall prepare in each Revenue Commissioner's Division, an electoral roll in Form I containing the names of all registered practitioners residing or practicing in the division. The electoral rolls so prepared shall be published in the "chhattisgarh Gazette" at least two months, before the election together with a notice stating that any objection relating to entries in or omission from the said electoral roll may be preferred to the Returning Officer at his office on or before the date to be specified in the notice.

(2) In the case of practitioner not residing in *Chhattisgarh his name shall be entered in the electoral roll of Revenue Commissioner's Division in which he originally practised.

(3) No practitioner's name shall be included in the electoral rolls of more than one Revenue Commissioner's Division.

6. Hearing of objections -
On or after the said the said date Returning Officer shall consider the objections so received and revise the electoral rolls on the basis of the register of Vaidyas, Hakims and prakratik Chikitsak maintained under the Act and shall publish in the "#Chhattisgarh Gazette" the final electoral rolls on or before the date fixed by the President for this purpose. These electoral rolls shall then be deemed to be final and conclusive.

7. Nominations -
(1) Any practitioner whose name is on the electoral rolls of a Revenue Commissioner's Division and who is not disqualified under section 6 of the Act may be nominated as a candidate for election for the Revenue Commissioner's Division.

(2) Such nomination shall be made by means of nomination paper in form II which shall be supplied by the Returning Officer to any elector who may apply for the same.

(3) Every nomination paper shall be subscribed by two electors as proposer and seconder provided that no elector shall subscribe more nomination papers than one. Provided also that if more than one nomination paper are subscribed by the same elector the nomination paper first received by the Returning Officer shall, if othersise in order, be held to be valid, and if more than one nomination paper, signed by the same elector be received simultaneously by the Returning Officer, all of such nomination papers shall be held to be invalid.

(4) On receipt of a nomination paper the Returning Officer shall forth with endorse thereon the date and hour of receipt.

8. Deposit -
(1) At the time of delivery of a nomination paprer, there shall be enclosed with the nomination paper a post office, money order receipt for Rupees 50 (Fifty) in favour of the Board, and no candidate shall be deemed to be duly nominated unless such receipt is enclosed with the nomination paper.

(2) If a candidate by whom or on whose behalf the deposit has been made withdraws his candidature in the manner and within the time specified hereinafter or if the nomination of any such candidate is refused, the deposit shall be returned to the person by whom it was made, and if any candidate dies before the commencement of the poll, such deposit if made by him, shall be returned to his legal representative or if not made by the candidate, shall be returned to the person by whom it was made.

(3) If a candidate by whom or on whose behalf the deposit referred to the sub-rule (1) has been made is not elected and the number of votes polled by him does not exceed 1/8 (one eight) of the total number of votes polled, the deposit shall be forfeited to the Board.

(4) For the purpose of sub-rule (3) the number of votes polled shall be deemed to be the number of voting papers, other than rejected voting papers, counted.

(5) The deposit made in respect of a candidate whether the is elected or not shall if it is not forfeited under sub-rule (3), be returned to the candidate or to the person who has made the deposit on his behalf, as the case may be, as soon as may be after the publication of the result of the election in the Gazette.

9. Rejetion and scrutiny of Nomination paper -
(1) Nomination papers which are not received by the Returning Officer in his office before 12 noon on the date fixed by the president for the purpose and notified in the Gazette shall be rejected.

(2) Every candidate and his proposer and seconder may attend the office of the Returning Officer at the time and place fixed by the President for the purposes.

(3) The Returning Officer shall then examine the nomination papers and may either of his own motion or on objection made, decide all questions which may arise as to the validity of any nomination and his decision on any question shall be final.

10. Procodure after scrutiny of nomination papers -
(1) If the number of duly nominated candidate from a Revenue Commissioner's Division is one, the Returning Officer shall forthwith declare such candidate to be elected.

(2) If the number of such candidates exceeds one, the Returning Officer shall forthwith publish their names and addresses in the Gazette and shall further Cause their names to be entered in voting papers in Form III.

(3) Any candidate duly nominated may withdraw his candidature by sending to the Returning Officer a written and signed withdrawal letter not later than two clear days before the date appointed for the scrutiny and counting of votes and it shall not be permissible to him subsequently to cancel such with drawal.

(4) On receiving notice of such withdrawal the Returning Officer shall publish the fact of such withdrawal in the Gazette.

(5) If a candidate, who has been duly nominated and has not withdrawn his candidature in the manner and within the time specified in sub-rule (3) dies after the expiry of the time of submitting notice of withdrawal of candidature and before the commencement of the poll, the Returning Officer shall upon being satisfied of the fact of the death of the candidate, declare that all proceedings with reference to the election shall be commenced new in all respect as if for a new election.

(6) On or before such date as may be fixed by the President for the purpose, the Returning Officer shall send by registered post to each elector a voting paper in Form III signed by the Returning Officer:

Provided that no election shall be invalidated by reason of the non-reecipt by an elector, of his voting paper.

11. Voting-
(1) Every elector desirous of recording his vote shall send his voting paper, by registered post to the Returning Officer at his office after recording his vote thereon in the manner prescribed therein :

Provided that voting papers which are not received by the Returning Officer before 12 noon on the date fixed for the purpose by the president shall be rejected.

(2) An elector who has inadvertently dealt with his voting paper in such a manner that it cannot properly be used as a voting paper may on delivering it to the Returning Officer and satisfying him of the inadvertence obtain another voting paper in place of the spoilt paper and the former shall together with its counterfoil, be marked as cancelled.

12. Placing voting papers in safe custody - (1) After satisfying himself that the electors have affixed their signatures to the counterfoils, the Returning Officer shall tear off the counterfoils and place them in safe custody pending disposal under Rule 16.

(2) The Returning Officer shall at the time of scrutiny endorse "Rejected" on any voting paper, which may be rejected on the ground that it does not comply with the instructions on the voting paper.

13. Scrutiny of voting papers -
(1) The Returning Officer shall scrutinise and count the votes at his office at 12 noon on the date fixed for the purpose by the President.

(2) Every candidate may be present in person or may send a representative duly authorised by him in writing to watch the process of counting.

(3) The Returning Officer shall show the voting papers if requested but not the counterfoils to the candidates or their representatives.

(4) If any objection is made, to any voting paper on the ground that it does not comply with the instructions therein or to the rejection by the Returning Officer of a voting paper it shall be decided atonce by the Returning Officer whose decision shall be final.

14. Result of voting -
(1) Where the counting of votes has been completed the Returning Officer shall forthwith declare the candidate to whom the largest number of votes has been given to be elected.

(2) Where an equality of votes is found to exist between any candidates and the addition of a vote will entitle any of the candidates to be declared elected, the determination of the person to whom such an additional vote shall be deemed to have heen given shall be made by lot to be drawn in the presence of the Returning Officer and in such manner as he may determine.

15. Retention of voting papers and their destruction -
Upon the completion of the counting and after the result has been declared by him, the Returning Officer shall seal up the voting papers and all other documents relating to the election and shall retain the same for a period of six months and there after cause them to be destroyed.

16. Publication of the names of elected candidates -
The Returning Officer shall forthwith send the name of the elected candidature to the state Government to be published by them in the Gazette.

17. Power of Government to declare election to be void -
The state Government may of its own motion or on objection made declare any election that has been held to be void on account of any corrupt practice or other suffient cause and may call on the electorate to make a fresh election. The decision of the state Government under this rule shall be final.

18. Decision of the Government to be final -
The decision of the State Government on any question that may arise as to the intention, construction, or application of rules 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 shall be final.

CHAPTER-III
APPEAL

19. Particulars of Appeal -
An appeal to the Board, preferred under clause (b) or sub-section (2) of section 19 of the Act, against the decision of the Registrar regarding the registration of any person or the making of any entry in the registrar, shall be in writing and shall state the grounds on which the claim in the appeal is made together with the names of persons concerned, their qualification, the date on which and the authorities from which they were received, and other material particulars.

20. Appeal to be referred to a committee —
On receipt of the appeal, it shall be referred to a committee constituted from amongst the members of the Board for consideration and report.

21. Power of committee to call documents —
The committee shall have power to call for the original degree, diploma or license from the person concerned for inspection and also such other documentary or oral evidence as may be considered necessary by it.

22. Committee to report to the Board —
On conclusion of its inquiry the committee shall make a report to the Board embodying such recommendations as it may think fit to make together with the reasons for the recommendations.

23. Submission of appeal and report to the Board —
The appeal, the committee's report on it and all other documents in connection with the cases shall be laid before the Board at its next meeting.

24. Date of hearing of appeal to be notified by the Board —
The date on which the appeal is to be taken up by the Board shall be notified to the persons concerned . They shall also be allowed, if they so choose, to represent their case before the Board, either personally or by their legal representatives.

CHAPTER-IV - REGISTRAR

25. Qualification for appointment —
(1) for the appointment on the post of Registrar, a degree from a recognized University shell be essential qualification but in addition a degree holder in Law shall be given preference for the appointment on this post.

(2) Second essential qualification;—A person qualified in an examination in Ayurveda from a recognised institution.

(3) A minimum five years administrative experience under a Government or non Goverment institution shall be essential for the post.

26. Scale of Pay of Registrar —
(1) The scale of pay of the post of the Registrar shall be Rs. 275—275—300—15—405—EB—20—425—25—475.

(2) The dearness and other allowances admissible in the case of similar posts under the State Government shall be applicable for this post also.

(3) The benefit of dearness and other allowance granted from time to time by the State Government to its employees shall be admissible to the employees of the Board.

27. Appointment of Registrar —
(1) The Registrar shall be appointed by the Board from a panel of not less than 3 persons recommended by the committee constituted under sub rule (2) provided that if the Board does not approve of any of the persons so recommended, or the person or persons approved by the Board out of those recommended by the committee are not willing to accept the appointment, the Board may call for fresh recommendations from such committee;

(2) The committee shall consist of the President, Vice-President of the Board and one nominee of the State Government.

(3) The Committee shall call applications for the post after publication of an advertisement in the daily newspapers in accordance with the draft approved by it. The district employment office will also be informed.

(4) The Convener, with the approval of the Committee shall call candidate for interview on the date time and place specified by him.

28. Condition of service —
(1) The appointment the Registrar shall be made on two years probation and thereafter the Board shall either confirm him if satisfied with him work or extend the period of probation for a further period of one year at a time provided the Board if not satisfied with him work may terminate his services during the period of probation after giving a notice at one month or in lieu of the notice one month salary.

(2) The services of the Registrar shall be non-pension able and shall be governed by Contributory Provident Fund Scheme.

(3) The Registrar shall be entitled for casual leave, earned leave and travelling allowance, etc, as admissible Government servants of his category.

(4) The superannuation age of the Registrar shall ordinarily be 55 years and thereafter the shall be retired. Provided that if the incumbent is physically fit and an ananimus recommendation is made by the Board that his services are essential beyond 55 years, a resolution to this effect shall have to be passed by the Board and then extension can be granted with a condition that no extension shall, in no case be beyond 60 years of age.

(5) For disciplinary matters against the Registrar the provisions of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 all apply mutatis mutandis.

CHAPTER-V
REGISTRATION OF PRACTIONERS

29. Form of register to be maintained by the Board —
The form the State register of practitioners to be maintained by the Board under section 24 of the Act, shall be in Form IV.

30. Verification of register —
The State register of practitioners shall be verified by the president by affixing his signature.

31. Application for registration —
The application for registration shall be in the Form V and shall be accompanied by copy, duly attested by Gazetted Officer, of the certificate, degree or diploma approved for registration in the Act. It may also enclosed with it attested copies of such other certificates as the practitioner may wish to submit for consideration in deciding the application may also be enclosed. The Registrar may also require the applicant to furnish such other certificates and testimonials etc, as he may deem necessary Original certificates, etc, shall not be enclosed with the application, but the Registrar may require any applicant to produce them.

32. Deposit of Fees —
(1) Any person applying for having his name entered in the State register practitioner for registration under sub-section (1) of section 25 of the Act shall have to deposit Rs. 20 by money order alongwith the application.

(2) A person whose name has been entered in the State register of the practioners and who has acquired a degree, diploma or other equal qualification in Ayurved, Unani or naturopathy, he may register his additional qualification under section 26 of the Act by sending an application to the Registrar together with a fee of Rs. 5 by money order.

(3) A person who desires his registration as a temporary clinic practitioner under section 27 of the Act, may apply to Registrar with by eclosing a certificate of the concerning examination passed for the purpose. The Registrar on receipt of such application alongwith the certificate shall Issue a temporary registration certificate.

(4) In case of loss or destruction of the certificate of a registered practitioner, the person concerned may make an application to Registrar with a fee of Rs. 5 duly certified by a Magistrate for the loss of certificate and another certificate shall be issued by the Registrar on his being so certified.

33. Change in address —
Every practitioner shall be careful to set that he reports immedrately to Registrar if there is any change in his address and also reply to him of the communication received from the Registrar in this connection so that his correct address may properly be entered in the State register of practitioners.

34. Publication of the State register of practitioners —
It shall be obligatory on the Registrar to get the State register of practitioners published in every five years provided that the first publication is made before hundred and twenty days of the expiry of three years from the date of the constitution of the Board. The Registrar shall along with blank papers, keep a copy of such printed list in which he shall make entry of any change or removal as required in that year.

35. Certifiate of registration —
Every such person whose name has been entered into the state register of practitioners may make an application to Registrar in From VI and shall be entitled to obtain the certificate of registration. The certificate shall be issued from the Board Office within 9 months from the date of the receipt of the application for registration. Instructions to the persons whose application has been rejected shall be given within 30 days from the date of order of gjrcferoprejection on their application.

36. Proof of registration —
The last edition of the register shall be the legal proof of register provided that in case of a person whose name has no been printed in the state register of practitioners and who can produce a copy duly signed by the Registrar that his name is registered in the Board Office, the same shall be the proof of the fact that he is a registered person.

37. Application for inclusion in the practitioners list —
Such persons who are desirious to include their names in the list of parishioners under sub-section (2) or section 28 of the Act may apply to Registrar in Form VII together with a fee of Rs. 50. The Registrar after being satisfied with the application shall include his name in-the practitioners list and intimate the same to the person concerned.

38. Registration of the practitioners of dissolved Board —
All registered practitioners registered under any of the repealed Acts specified under section 44 of the Act, if possess the requisite qualification on the date of establishment of the Board shall be given a certificate after their names have been registered under rule 35 but before obtaining the certificate, old registration certificate shall have to be sent to the Registrar.

39. Removal of the practitioners name from the State Register of practitioners—
Registrar shall arrange to publish in the largely circulated daily paper for the removal of registered practitioners name under sub-section (4) of section 21 of the Act for the reasons given in writing and of no reply has been received from such practitioner witching six months the Register shall remove his name from the Register of the practitioners.

CHAPTER-VI
REPEAL

40. Repeal —
All rules corresponding to these rules in force in any region of the State of Madhya Pradesh immediately before the commencement of these rules are hereby repealed, Provided that anything done or any action taken under any of the rules so repealed shall, unless such thing done or action taken is inconsistent with any of the provisions of these rules; be deemed to have been done or taken under the corresponding provisions of these rules.