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State of Rajasthan - Act

THE RAJASTHAN ELECTROPATHY SYSTEM OF MEDICINE ACT, 2018

RAJASTHAN
India

THE RAJASTHAN ELECTROPATHY SYSTEM OF MEDICINE ACT, 2018

Act 13 of 2018

Published in Rajasthan Gazette on 18 October 2018
Commenced on 18 October 2018
[This is the version of this document from 18 October 2018.]

AnActto provide for the constitution of a Board of Electropathy System of Medicine for thedevelopment and expansion of the Electropathy system of medicine in the State ofRajasthan, for the registration of practitioners of that system of medicine and for othermatters connected therewith and incidental thereto.Be it enacted by the Rajasthan State Legislature in the Sixty-ninth year of theRepublic of India, as follows:-

Chapter I
Preliminary

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

Rajasthan Electropathy System of Medicine Act, 2018.

(2)It extends to the whole of the State of Rajasthan.

(3)It shall come into force on such date as the State Government may bynotification in the Official Gazette, appoint.

2. Definitions .- In this Act, unless the context otherwise requires, -

(a)“Board” means the Board of Electropathy System of Medicine for

Rajasthan established and constituted under this Act;

(b)“Chairperson” means the Chairperson of the Board;

(c)“Electropathy” means the system of medicine founded by Dr. Count

Ceseare Mattei of Italy in the nineteenth century based on treatment ofdiseases by medicines made by the method of Spagyrical Cohobation(repeated distillation) by which the life force of the plants are collected in theform of micro, macro and trace elements of the herbs;

(d)“member” means a member of the Board and includes the Chairperson

thereof;

(e)“practitioner” means a person who practises the Electropathy system of

Medicine;

(f)“recognised medical qualification” means any of the qualifications in

Electropathy recognized by the Board;

(g)“register” means the register of Electropaths maintained under section 28.

;

(h)“registered Electropaths” means a Electropathy practitioner registered

under the provisions of this Act;

(i)“Registrar” means the Registrar appointed under this Act.

Chapter II
ESTABLISHMENT AND CONSTITUTION OF BOARD

3. Establishment of Board.- (1) The State Government shall by notification in

the Official Gazette, establish, in the manner provided hereafter, a Board to be calledthe Rajasthan Board of Electropathy System of Medicine, for the purpose of carrying outthe provisions of this Act.

(2)The Board so established shall be a body corporate having a perpetualsuccession and a common seal and may sue or be sued in its corporate name.

4. Constitution of the Board.-The Board shall consist of the following members,

namely :

(a)four persons to be nominated by the State Government of whom at least

two shall be registered Electropaths;

(b)one person possessing recognized medical qualification to be elected by

the teachers of the recognized Electropathy institutions in State of Rajasthan;

(c)two experts in the field of Electropathy to be nominated by members of the

Board elected and nominated under clauses (a) and (b).

5. Chairperson.- The Chairperson of the Board shall be nominated by the State

Government from amongst the members of the Board.

6. Term of office of members.- (1) The term of office of a member of the Board

shall be three years from the date on which the first meeting of the Board is held aftertheir nomination or, as the case may be, election under section 4:Provided that the State Government may from time to time extend such term toany further period not exceeding in the aggregate one year.

(2)Notwithstanding anything contained in any other provision of this Act, theState Government, if it thinks fit in public interest so to do, may, at any time by anotification in the Official Gazette terminate the normal or extended term of office of anymember of the Board.

(3)An out-going Chairperson, or member, if otherwise qualified, shall be eligiblefor re-election or re-nomination, as the case may be.

7. First Board to be nominated by the Government.- Notwithstanding anything

contained in section 4 and section 5, members of the first Board (including theChairperson) constituted after the commencement of this Act shall be nominated by theState Government and shall hold office for a period of three years from its constitution :Provided that the State Government may from time to time extend the term ofoffice of the Board to any further period not exceeding in aggregate one year.

8. Resignation.-(1) Any member other than the Chairperson may at any time

resign his office by a letter addressed to the Chairperson and such resignation shalltake effect from the date on which resignation is accepted by the Chairperson.

(2)A Chairperson may at any time resign from his office by a letter addressed tothe State Government and such resignation shall take effect from the date on whichresignation is accepted by the State Government.

9. Filling of casual vacancies.-If a member or Chairperson of the Board dies or

resigns or from any cause whatsoever, in accordance with the provision of this Act,vacates his office or is removed therefrom, the vacancy so caused shall be filled byfresh nomination or, as the case may be, election within such period as may beprescribed.

10. Vacation of Office.-If any member during the period for which he has been

nominated or elected,-

(a)absents himself without cause from three consecutive ordinary meetings

of the Board, or

(b)becomes subject to any of the disqualifications mentioned in section 17,

the Board may declare his office to have become vacant:Provided that when the Board proposes to take action under this section anopportunity of explanation shall be given to the member concerned and, when suchaction is taken, the reasons therefor shall be placed on record.

11.

Removal from Office.- (1)The State Government may remove a Chairpersonor member, who, in its opinion, has so flagrantly abused, in any manner, his position, assuch as to render his continuance on the Board detrimental to the public interest or whohas been guilty of habitual failure in the performance of his duties : Provided that whenthe State Government proposes to take action under this section, it shall give theChairperson or member an opportunity of explaining his conduct on account of which itis proposed to remove him, shall make such enquiry as it may consider necessary andshall, in the event of taking such action, place on record the reasons therefor.

(2)The State Government may place under suspension a member, orChairperson against whom an inquiry relating to the abuse of his position as a memberor Chairperson is pending before it or in a court of law, or under the orders of the StateGovernment or the Board till final orders have been passed on the legal proceedings orthe enquiry as the case may be. Such member or Chairperson shall not take part in anyproceedings of the Board during the period of suspension.

12. Duties of Chairperson.-It shall be the duty of the Chairperson -

(a)unless provided otherwise by this Act or prevented by reasonable cause -

(i)to convene and preside over all meetings of the Board, and

(ii)to control in accordance with any regulations to be made in this

behalf the transaction of business at all meetings of the Board;

(b)to superintend and control the financial and executive administration of

the Board and bring to its notice any defects therein; and

(c)to perform such other duties as are required of, or imposed on, him by or

under this Act or rules made thereunder.

13. Power of Board to require reports etc.- (1) The Board may require the

Chairperson to furnish it with -(a)any return, statement, estimate, statistics or other information regardingany matter pertaining to the administration of the Board;(b)a report or explanation on any such matter; and(c)a copy of any record, correspondence, plan or other document which isin his possession or control as Chairperson or which is recorded or filed inthe office of any servant of the Board.

(2)The Chairperson shall comply with every requisition made under sub-section

(1)without unreasonable delay.

14. Delegation by Chairperson of his powers and duties.- (1)The Chairperson

may empower, by general or special order, any member of the Board elected undersection 15 to exercise under his control any one or more of his powers, duties orfunctions.

(2)An order by the Chairperson under sub-section (1) may lay down anyconditions and impose any restrictions, in respect of the exercise of any power, theperformance of any duty or the discharge of any function by such member.

(3)In particular, such order may lay down the condition that any order made inthe exercise of a power conferred on him by sub-section (1) shall be liable to rescissionor modification by the Chairperson upon appeal to him within a specified time.

15. Duties of Board in absence of Chairperson.-A person elected by the

Board Members from amongst themselves shall -

(a)during the vacancy in the office of the Chairperson or the incapacity or

temporary absence of the Chairperson, perform any other duty or exerciseany other power of the Chairperson; and

(b)at any time perform any duty and exercise, when occasion arises any

power, delegated to him by the Chairperson under section 14.

16. Nomination of members in default of election.-If the electoral body

referred to in section 4 fails, by such date as may be prescribed to elect a member or tofill-up the vacancy, the State Government shall, on the recommendation of the Board, fillup such vacancy by nomination of a person qualified to be elected by such electoralbody.

17. Disqualifications for membership.-A person shall be disqualified for being

nominated or elected as, or for being a member of, the Board, if-

(a)he has been sentenced by a court to imprisonment for an offence involving

moral turpitude or indicating, in the opinion of the Board, such a defect incharacter as would render the entry or continuance of his name in the registerundesirable, the sentence not having been subsequently reversed in appeal orrevision or remitted by an order which the State Government is empowered tomake if it thinks it;

(b)the Board, after enquiry (at which an opportunity has been given to such

person to be heard in his defence either personally or through a representative)has found him guilty, by a majority of two-thirds of the members present andvoting at the meeting, of infamous conduct in any professional respect,

(c)he is an undischarged insolvent;

(d)he has been adjudged by a competent court to be of unsound mind;

(e)he is a dismissed servant of the State Government or of any local authority,

(f)he is debarred from practising as a legal practitioner by order of any

competent authority;

(g)he holds any place of profit in the gift or disposal of the Board;

(h)being a legal practitioner he appears in any suit or proceeding, civil or

criminal against the Board; or

(i)he has acquired, directly or indirectly by himself or by a partner any share or

interest in any contract with by or on behalf of the Board.

18. Notification of elections, etc.-The name of every member or Chairperson of

the Board elected or nominated under this Act and of every member, or Chairpersonwho has resigned under section 8 or vacated his office under section 10 or has beenremoved therefrom under section 11, shall be notified in the Official Gazette.

19. Payment of allowances.-There shall be paid to the members of the Board

such travelling and daily allowances as may be prescribed

20. Meetings of the Board.-(1) The Board shall meet at its office at Jaipur or at

such other place and at such time, and every meeting shall be convened in suchmanner, as may be provided by regulations made by the Board.

(2)No business shall be transacted at any meeting of the Board unless fourmembers are present.

21. Chairperson of meeting.-If at a meeting the Chairperson is not present the

members present shall elect one from amongst themselves to be the Chairperson of themeeting and such Chairperson shall perform all the duties, and may exercise all thepowers of the Chairperson of the Board while presiding at the meeting.

22.

Power of Chairperson of meeting to maintain order.- Where at a meetingof the Board any member or other person refuses to comply with any direction of theChairperson ruling any business or matter out of order or otherwise regulating theconduct of members or of business or where any member or person wilfully disturbs themeeting the Chairperson may require that member or person to withdraw from themeeting and in the event of his omitting to do so, may employ against him such force asis necessary, or as in good faith he believes to be necessary, for the purpose ofremoving and excluding him from the meeting.

23. Decision by Board.-(1) All questions which may come before a meeting of

the Board shall, unless otherwise provided in this Act or in the rules or regulations madethereunder, be decided by a majority of the votes of the members present and voting.

(2)In case of an equality of votes the Chairperson of the meeting shall have asecond or casting vote.

24.

The minute book and resolutions.-(1) The names of the members presentand the proceedings held and resolutions passed, at a meeting of the Board shall beentered in a book to be called the minute book.

(2)The minutes shall be read out at the meeting or at the next following meetingand after being passed as correct by the members or a majority of them present at thereading, shall be certified as passed by the signature of the Chairperson of the meetingat which they are passed.

(3)A copy of the proceedings of every meeting of the Board shall within fifteendays from the date of the meeting be forwarded to the State Government or any otherauthority appointed by the State Government in this behalf.

25.

Establishment of Advisory Committee.-(1) Subject to the rules made by theState Government for this purpose, the Board may, by a resolution in this behalf,appoint an Advisory Committee consisting of seven persons of whom three shall be themembers of the Board and four co-opted members, for any purpose provided for in thisAct and may appoint a Convenor who shall preside over the meetings of suchCommittee in the absence of the Convenor, the committee may elect any one of itsmembers for this purpose.

(2)All questions at a meeting of the Committee shall be decided by a majority ofthe votes of the members present and voting. In case of an equality of votes, the personpresiding shall have a casting vote.

(3)No business shall be transacted at any meeting of the Committee when lessthan four members are present.

(4)Proceedings of every meeting of the Committee shall be laid before the Boardwhich may take such action thereon as it deems necessary.

(5)The members of the Advisory Committee shall be paid such travelling andother allowances as may be payable to the members of the Board under section 19.

26. Validity of proceedings.-(1) No vacancy in the Board or in a Committee of

the Board shall vitiate any act or proceedings of the Board or such committee.

(2)No disqualification of or defect in the election or nomination of, any personacting as a member of the Board or as the Chairperson or the person presiding at ameeting shall be deemed to vitiate any act or proceeding of the Board in which suchperson has taken part.

Chapter III
Staff and Registration

27. Registrar and other officers and servants of the Board.-(1) The State

Government shall appoint the Registrar of the Board.

(2)The Registrar shall be the Secretary and the executive officer of the Board.

(3)The Board may, with the prior approval of the State Government, appointsuch other officers and servants as may be necessary for carrying out the purposes ofthis Act.

(4)All questions relating to the number, designations, pay and allowances,recruitment, promotions, leave, provident fund and other conditions of service of theofficers and servants appointed under sub- section (3) shall be governed by rules madeby the State Government.

(5)The Registrar and any other officer or servant appointed under this sectionshall be deemed to be a public servant within the meaning of section 21 of Indian PenalCode, 1860 (Central Act 45 of 1860).

28. Maintenance of register. - (1) The First Board shall, within one and a half

year of its constitution, prepare a register of Electropaths.

(2)The register shall be kept and maintained by the Board in such manner asmay be prescribed.

29. Duties of Registrar.-(1) Subject to the provisions of this Act and subject to

any general or special orders of the State Government or the Board, it shall be the dutyof the Registrar to keep and maintain the register and discharge such other functions asare required to be discharged by him under this Act or by any rules or regulations madethereunder.

(2)The Registrar shall, so far as practicable, keep and maintain the registercorrect and up-to-date and may from time to time enter therein any material alterationsin the addresses or qualifications of the registered Electropaths. He shall also removefrom the register the names of the registered Electropaths who die or who cease to bequalified as such.

30. Persons entitled to be registered.-(1) Every person, possessing recognized

medical qualifications shall, subject to the provisions of this Act, be entitled to have hisname entered in the register.

(2)An application for registration shall be made to and disposed of by theRegistrar.

(3)Every application for registration under sub-section (2) shall be made in suchform and manner and be accompanied with such registration fee as may be prescribedby the Board.

(4)Any person aggrieved by the decision of the Registrar regarding theregistration of any person may within ninety days from the date of such decision orwithin such extended time as the Board may upon sufficient cause allow, appeal to theBoard.

(5)Such appeal shall be heard and decided by the Board in the prescribedmanner.

(6)The Board may on its own motion or on the application of any person andafter calling for an explanation from the person concerned and considering the same,cancel or alter any entry in the register, if in the opinion of the Board, such entry wasfraudulently or incorrectly made or obtained.

31. Renewal of registration.-(1) Every registered Electropath shall be entitled to

practice for a period of three years from the date on which his name has beenregistered and if he desires to practice after the expiry of the said period, he shall, uponan application made to the Registrar along with a prescribed renewal fee for everyperiod of three years, be entitled to the continuance of his name in the register.

(2)If the renewal fee is not paid before the due date, the registrar shall removethe name of the defaulter from the register:Provided that the name so removed may be restored to the register on paymentof the renewal fee in such manner and subject to such conditions as may beprescribed.

32. Power of Board to recognise titles, etc. for purposes of registration.-If

the Board is satisfied that any title or qualification granted or certified by a University,medical institution, examining body or other institution in or outside India is sufficientguarantee that persons holding such title or qualification possess the knowledge andskill requisite for the efficient practice of Electropathy, it may recognize such title orqualification.

33. Power of Board to call for information from institutions.-The Board shall

have power to call upon the governing body or authority of a University, medicalinstitution, examining body or other institution, recognised or desirous of beingrecognized -

(a)to furnish such reports, returns or other information as the Board may

require to enable it to judge the efficiency of the instructions given therein inElectropathy; and

(b)to provide facilities to enable a member of the Board deputed by it in this

behalf to be present at the examination held by such University, medicalinstitution, examining body or other institution.

34. Information required from applicants for registration.-Every person who

applies to have his name entered in the register must satisfy the Registrar that hepossesses recognized medical qualification and he must inform the Registrar of thedate on which he obtained the such qualification and shall also furnish any otherinformation required by the Registrar in order to enable him to discharge his dutiesunder the Act.

35. Entry of new titles and qualifications.-If a person whose name is entered

in the register obtains any title or qualification other than the title or qualification inrespect of which he has been registered, he shall on payments of such fee as may beprescribed be entitled to have an entry stating such other title or qualification madeagainst his name in the register, either in substitution for, or in addition to, any entrypreviously made.

36.

Powers of Board to prohibit entry in or to direct removal from theregister.- (1) The Board may prohibit the entry in, or order the removal from, theregister of the name of any Electropath -(a)who has been sentenced by a court in India to imprisonment for anoffence declared by the State Government to involve such moralturpitude as would render the entry or continuance of his name in theregister undesirable; or(b)whom the Board or a committee of the Board specially authorised forthe purpose, after enquiry at which an opportunity has been given to himto be heard in his defence and to appear either in person or by counseland which may in the discretion of the Board, be held has found guilty ofprofessional misconduct or other infamous conduct by a majority of atleast two-thirds of the members present and voting at the meeting; or(c)who has been found by the Board or a Committee of the Boardspecially constituted for this purpose, after an enquiry and after givingthe person concerned an opportunity of being heard, to have obtainedregistration fraudulently or by submitting false or forged or incorrectdocument or on the basis of misrepresentation or by the use of deceitfuland dishonest means.

(2)The name of any person against whom an order has been made underclauses (a) and (b) of sub-section (1) shall be entered or re-entered in the register, asthe case may be, after six years from the date of such order.

37. Notice of deaths and erasure of names from register.-(1) Every Registrar

of Death who receives notice of the death of a person whose name he knows to beentered in the register shall forthwith transmit by post to the Registrar of the Board acertificate of such death, signed by him and stating particulars of the time and place ofdeath.

(2)On receipt of such certificate or other reliable information regarding suchdeath, the Board shall erase the name of the deceased person to be erased from theregister.

38. Publication of names entered in the register.-(1) The Registrar shall in

every year and from time to time as occasions may require, on or before a date to befixed in this behalf by the Board, cause to be published in the Official Gazette and insuch other manner as the Board may specify, a full or supplementary list arranged inalphabetical order of the names for the time being entered in the register and settingforth -(a)the registered address and appointment held by or actual employment ofeach person whose name is entered in the register;(b)the registered titles and qualifications of each such person and the dateon which each such title or qualification was granted or certified:Provided that the Registrar shall from time to time get published in the OfficialGazette the names of such registered Electropaths whose names have been dulyremoved from the register under any provision of this Act.

(2)In any proceeding it shall be presumed that every person entered in such listis a registered Electropath:Provided that in the case of a person whose name has been entered in theregister after the last publication of the list, a certified copy signed by the Registrar ofthe entry of the name of such person in the register shall be evidence that such personis registered under this Act, and such certificate shall be issued free of charge.

Chapter IV
Functions and Finances of the Board

39. Powers of the Board.-The Board shall have the following powers

namely:-

(i)to recognise and affiliate Electropathic educational or instructional

institutions;

(ii)to prescribe courses of study and curricula for general instruction or

special or refresher courses in institutions affiliated to the Board in such branchesof the Electropathy as the Board may prescribe;

(iii)to hold examinations and to grant certificates to the persons who shall

have pursued a course of study in an educational institution recognized by theBoard as the Board may think fit;

(iv)to institute exhibitions and award medals thereat, to grant scholarships

and medals to those who obtain high position at the Board’s examinations or arepoor and deserving, and with the sanction of the State Government, to grantscholarships for special study in research and manufacture of Electropathicmedicines in any medical institution or a reputed firm that the Board may think fit,and to endow chairs of Electropathy in institutions affiliated to the Board as theBoard may prescribe;

(v)to demand and receive from students such fees as may be prescribed for

admission to the Board’s examinations;

(vi)to exercise general supervision over the residential and disciplinary

arrangements made by the educational institutions affiliated to the Board and tomake arrangements for promoting the health and general welfare of theirstudents as the Board may prescribe;

(vii)to appoint examiners and publish the results of the examinations held by

it as the Board may prescribe;

(viii)to suspend or withdraw the recognition of any institution which is not

conducted in accordance with the conditions prescribed by this Act or the rules orregulations framed thereunder:Provided that no such action shall be taken without affording the Committeeor management of such an educational institution an opportunity of making suchrepresentation as it may deem fit;

(ix)to appoint, with the previous sanction of the State Government,

Inspectors for the inspection of Electropathic dispensaries, hospitals andeducational institutions in the State as the Board may prescribe;

(x)to promote study in the science of Electropathy and to publish

Electropathic journals;

(xi)to establish or aid research institutions and to encourage scientific

manufacture of Electropathic medicines in the State;

(xii)to be the Licensing, Quality and Controlling Authority of manufacturing of

Electropathic Medicines and products as the Board may prescribe;

(xiii)to do such acts not inconsistent with the provisions of this Act and the

rules and regulations made thereunder, as may be necessary for the furtheranceof the objects of this Act;

(xiv)to appoint with prior approval of the State Government standing or

ad-hoc Committees to delegate any of its powers and instructions to suchCommittees subject to any restriction and to make regulations for determining theprocedure to be followed by such Committee.

40. Budget.-(1) The Board shall have prepared and laid before it at a

meeting, to be held in every year before such date as may be prescribed acomplete account of the actual and estimated receipts and expenditure for theyear ending on the 31st day of March next following such date, together with abudget estimate of the income and expenditure of the Board for the yearcommencing on the first day of April next following.

(2)The Board shall at such meeting decide upon the appropriations and waysand means contained in the budget estimate and pass the budget which shall besubmitted to the State Government or to such other authority as the State Governmentmay by order direct within fifteen days from the date of the meeting in which the budgetis passed.

(3)If the State Government is satisfied that adequate provision has not beenmade therein for giving effect to the provisions of this Act, it shall have the power tosuggest such modifications as may be necessary to secure such provision and returnthe budget to the Board with its observations regarding the modifications to be madetherein. The Board shall consider such observations and pass the budget with suchmodifications as it deems necessary.

(4)If in the course of a year the Board finds it necessary to modify the figuresshown in the budget with regard to its receipts or to the distribution of the amounts to beexpended for the purposes of this Act, a supplementary budget may be prepared,passed, submitted and modified in the manner provided in sub- sections (1), (2) and

(3).

(5)As soon as may be after the first day of October every year, the revisedbudget for the year shall be framed and such revised budget shall, so far as may be, besubject to all the provisions of the foregoing sub-section applicable to a budget.

41. Electropathic Fund.-(1) There shall be established a Fund to be called

Electropathic Fund, hereinafter referred to as the ‘Fund’.

(2)There shall be placed to the credit of the Fund -

(a)grants and loans received from the State Government;

(b)all fees received by the Board on account of registration of Electropaths

and admission to the Board’s examinations;

(c)contribution received from any local authority or any Electropathic

association; and

(d)all sums received by or on behalf of the Board from sources other than

those mentioned in the foregoing clauses.

(3)The Fund shall be applied for the purpose specified in this Act and for suchother purposes and in such manner as may be prescribed.

(4)The expenses of the Board shall include the salaries and allowances of theRegistrar and the staff appointed by the Board, the fees and allowances paid to theChairperson and members of the Board, the expenses for the conduct of examinationsand such other expenses as are necessary for carrying out the purposes of this Act.

42. Accounts and Audit.- (1) The Board shall keep accounts and submit such

statements to the State Government as may be prescribed.

(2)Accounts of receipts and expenditure of the Board shall be maintained forevery financial year in such form as may be prescribed.

(3)All accounts kept and maintained by the Board shall be audited, as soon asmay be after the end of each financial year, by the Examiner of Local Fund Audit for theState and the provisions of the Rajasthan Local Fund Audit Act, 1954 (Act No. 28 of

1954.

) shall apply.

(4)The Board shall be bound to comply with all such directions as the StateGovernment may think fit to issue after going through the audit report in respect of itsaccounts.

(5)The Board shall pay out of the Fund such sum as may be determined by theState Government by way of charges for audit.

Chapter V
Privileges of Electropaths

43. Privileges of Electropath.- Subject to the conditions and restrictions laid

down under this Act regarding practice of Electropath by persons possessingrecognised medical qualifications, every person whose name is for the time being borneon the Register shall be entitled according to his qualification to practice Electropathy inany part of the State and to recover in due course of law in respect of such practice anyexpenses, charges in respect of medicaments or other appliances or any fees to whichhe may be entitled but he shall not be entitled to use the term ‘Doctor’ or ‘Dr.” with hisname.

Chapter VI
Miscellaneous

44. Appeals to State Government from decisions of Board.-(1) An appeal

shall lie to the State Government from every decision of the Board under this Act.

(2)Every appeal under sub-section (1) shall be preferred within three months ofthe date of the communication of the decision sought to be appealed from.

45. Control of Board by State Government.- If at any time it shall appear to the

State Government that the Board has failed to exercise or has exceeded or abused apower conferred upon it by or under this Act or has failed to perform a duty imposedupon it by or under this Act, the State Government may, if it considers such failure,excess or abuse to be of a serious character, notify the particulars thereof to the Board;and if the Board fails to remedy such failure, excess or abuse within such time as maybe fixed by the State Government in this behalf, the State Government may dissolve theBoard and cause all or any of the powers and duties of the Board to be exercised andperformed by such Administrator or other agency and for such period as it may think fit:Provided that a new Board shall be constituted within one and a half year ofsuch dissolution.

46. Penalty on unregistered person representing that he is registered.-If a

person whose name is not entered in the register falsely pretends that it is so entered oruses in connection with his name or title any word or letters representing that his nameis so entered, he shall, whether any person is actually deceived by such representationor not, be punishable, on conviction, with fine which may extend to twenty thousandrupees.

47. Conferring, granting or issuing certificate, etc. by unauthorised person

or institution.- (1) No person other than an institution recognised by the Board underthis Act shall confer, grant or issue, or hold himself out as entitled to confer, grant orissue, any certificate or other title or qualification stating or implying that the holder,grantee or recipient thereof is qualified to practice the Electropathy system of medicine.

(2)Whoever contravenes the provisions of this section shall be punishable, onconviction, with fine which may extend to twenty thousand rupees.

48. False assumption of certificate, etc.-Whoever voluntarily and falsely

assumes or uses any title, description or any addition to his name implying that he holdscertificate or other title or qualification conferred, granted or issued by any institutionrecognised by the Board under this Act or that he is qualified to practise theElectropathy system of medicine under the provisions of this Act shall, on conviction, bepunishable with fine which may extend to twenty thousand rupees.

49. Penalty for practising in contravention of the Act.- If after the

commencement of this Act, any person, other than a registered Electropath, practises orholds himself out, whether directly or by implication, as practising or as being preparedto practise, the Electropathy system of medicine, he shall be punishable with fine whichmay extend to twenty thousand rupees.

50.

Mode of proof of Board’s records.- A copy of any proceeding, receipt,application, plan, notice, order, entry in a register or other document in the possessionof the Board shall, if duly certified by the Registrar or other person authorised by theBoard in this behalf, be received as prima facie evidence of the entry or document andshall be admitted as evidence thereof and of all the matters therein recorded in everycase where, and to the same extent as the original entry or document would, ifproduced have been admissible to prove such matters.

51. Rules.-(1) The State Government may, by notification in the Official Gazette,

make rules to carry out the purposes this Act.

(2)In particular and without prejudice to the generality of the foregoing power,the State Government may make rules for any of the following matters, namely-

(a)the time and place at which and the manner in which election shall be

held under section 4;

(b)regulation of elections under this Act;

(c)the salary and allowances and other conditions of service of the Registrar

and other staff;

(d)the conduct and maintenance of correct minutes of meetings of the

Board;

(e)the manner in which vacancies shall be filled under section 9;

(f)the accounts to be kept by the Board and the manner in which such

accounts shall be audited and published;

(g)the date before which a meeting shall be held for the passing of the

budget;

(h)the method and forms to be adopted in the preparation of the budget;

(i)the returns, statements and reports to be submitted by the Board;

(j)the forms of the register of Electropaths to be maintained under this Act;

(k)the fees chargeable under this Act;

(l)the manner in which appeals against the decisions of the Registrar shall

be heard by the Board under section 30;

(m)allowances payable to members of the Board and its Chairperson;

(n)the remuneration to be paid to the Chairperson;

(o)the furtherance of any object of the Board as a teaching or examining

body.

(p)maintenance of a patient register by Electropaths in the prescribed form;

(q)delegation of powers by the State Government and by the Board;

(r)the form of application for the grant of licence or permit under clause (xii)

of section 39 and the particulars to be filled therein;

(s)the conditions for the grant of licence, the renewal of licence and the fees

payable therefor; and

(t)the furtherance of any other objects of the Act.

(3)All rules made under this Act shall be laid, as soon as may be after they areso made, before the House of the State Legislature, while it is in session, for a period ofnot less than fourteen days, which may comprise in one session or in two successivesessions and if before the expiry of the session in which they are so laid, or of thesession immediately following, the House of the State Legislature makes anymodification in any of such rules or resolves that any such rule should not be made,such rule shall thereafter have effect only in such modified form or be of no effect, asthe case may be, so however, that any such modification or annulment shall be withoutprejudice to the validity of anything previously done thereunder.

52. Regulations.- (1) Subject to the provisions of this Act and the rules made

thereunder, the Board may frame regulations for regulating the following matters,namely:-(a)the conditions on which institutions may be affiliated or recognised for thepurpose of granting recognized medical qualification;(b)the admission of students to the educational or instructional institutionsaffiliated to the Board;(c)the conditions under which students shall be admitted to any certificate orother course and to the examinations of the Board and shall be eligible forcertificates and other recognized medical qualification;(d)the conditions of residence of the students in the educational orinstructional institutions affiliated to the Board and the levying of fees forsuch residence;(e)the number, qualifications and emoluments of teachers of the educationalor instructional institutions affiliated to the Board;(f)the fees to be charged for courses of study in such institutions and foradmission to the examinations;(g)the conditions and mode of appointment and duties of examiners and theconduct of examinations;(h)the time and place at which meetings of the Board shall be held:(i)the issue of notice convening such meeting;(j)the conduct of business thereat ;(k)the asking of questions by members of the Board at its meeting subject tosuch conditions and restrictions as may be provided in the regulations;(m)all other matters which may be necessary for the purposes of carryingout the objects of this Act.

(2)All regulations framed under sub-section (1) shall be published in the OfficialGazette.

53. Bar to suit and other legal proceedings.-(1) No suit or other legal

proceeding shall lie against the State Government in respect of an act done in theexercise of the powers conferred by this Act or the rules made thereunder.

(2)No suit or other proceeding shall be maintainable against the Board or anymember or any officer or servant of the Board or any person acting under the directionof the Board or of the Chairperson or of any officer or servant of the Board in respect ofanything done lawfully and in good faith and with reasonable care and attention underthis Act or rules or regulations made thereunder.

54. Savings.-Unless otherwise expressly provided in this Act, no provision of this

Act shall affect a medical practitioner other than an Electropath registered under thisAct.

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State of Rajasthan - Act