The Faculty is also authorised to conduct examinations and confer degree of GAMS. The respondent, CCIM alleged that in accordance with the requirements of the Indian Medicine Central Council Act, 1970 (for short “the 1970 Act”), CCIM had prescribed regulations providing for BAMS (Bachelor of Ayurvedic Medicine and Surgery) course at graduate level and MD (Ay.) Section 37 clothes the Council with power to establish its own educational or instructional institutions for the purpose of conducting courses of ayurvedic and Unani systems of medicine. 34. The counsel further submits that after the introduction of the 1982 Act the power of the Faculty to grant affiliation is circumscribed by the requirement of the State Government's permission to open the college imparting education in ayurvedic and Unani systems of medicine. 3. Father's (or in the case of a married woman, husband's) name. It is urged by the learned counsel for the appellants that the colleges which are affiliated to the Faculty under the 1951 Act do not require any approval from the State Government to start or to continue the educational institution or to run the courses of study in indigenous system of medicine leading to the degree, diploma, etc., as included in the Second Schedule of the 1970 act, as the 1951 act is a self-contained code. Sub-sections (2), (3), (4), (5), (6), (7), (8) and (9) of Section 13-A, Central Council (Amendment) Act, 2003, particularly Sections 13-A, 13-B and 13-C, Central Council (Amendment) Act, 2003 (for short the Amending Act). 37. The court must always lean to the interpretation which is a reasonable one, and discard the literal interpretation which does not fit in with the scheme of the Act under consideration. 451 of 2000 by only one petitioner, namely, Dr. Sudhir Kumar Singh and other petitioners were impleaded in the case as the respondents. Such certificate shall set forth the full name of the person registered, his designation, his address, the date and place of registration and the qualifications, in respect of which he has been registered. We shall deal with these sections in detail when we take up the submissions of the counsel of the effect of these sections on the GAMS degree conferred on the students prior to coming into force of amending Act 58 of 2003. The 1951 State Act with its Rules and Regulations, provisions of Sections 13-A, 13-B and 13-C of the 1970 Act, section. Department of AYUSH. Council of Ayurvedic and Unani Medicines, Bihar. Section 37 of this Act authorises the Council to establish educational institutions, prescribe courses of study, etc. The 1951 Act having not been repealed by the 1970 Act, or till the Second Schedule is not amended derecognising the degree of GAMS, the degree of GAMS given by the State Faculty will remain intact. 17. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. 1. Welcome to the National Ayurvedic Medical Association. Ayurvedic Medicine Manufacturer in Patna - More than allopathic medicines people nowadays prefer to consume more ayurvedic medicines. 4646 of 2003) are before us by special leave. Section 6 further provides that on completion of the inspection the State Government in the Health Department will seek permission of the Government of India and CCIM of India for granting permission to the starting of the course of medical studies in indigenous system of medicine by the applicant. 56. Bihar: Dr. Arvind Kumar Sinha (Chairmen) Dr. Hudda: 9431201036: sharmadhananjaya@gmail.com: The Registrar State Council of Ayurvedic & Unani Medicine, K-52, Hanuman Nagar, PO. Central Council for Research in Siddha was established as per the cabinet approval by bi-furcating the erstwhile Central Council for Research in Ayurveda and Siddha to promote focused research in Siddha system of Medicine. For a better understanding of the contentions, the relevant portions of the sections are reproduced hereunder: 44. Three years after issuing an order allowing practitioners of AYUSH (Ayurveda, Yoga, Unani, Siddha, and Homoeopathy) appointed at primary … Tiwari: 0771-2242888 : Dr. Sanjay Shukla : 9425213277: vnprpgupta@gmail.com registrar@cgaupcb.in | Powered by: omni-NET Technical Helpline No. The question, however, is whether with the introduction of the Bihar Indigenous Medical Educational Institution (Regulation and Control) Act, 1982††, the students who have studied in the colleges which were not recognised under the said 1982 Act could be conferred with GAMS degree by the Faculty, and if such degrees are conferred what shall be the fate of the degrees conferred on such students? Hikmat Hakeem Ayurvedic. 4. 463 of 2000. Section 10 provides for penalty and a person contravening any of the provisions of the Act is made liable for punishment with a fine which may extend to Rs 10,000 and imprisonment for a term which may extend up to three years. (a) 'the Act' means the Bihar Development of Ayurvedic and Unani System of Medicine Act, 1951; (b) 'Form' means a form appended to these rules; and. For the State of Bihar, Item 6 of the Second Schedule reads as under: 22. On a reasonable construction of these sections, we hold that the provisions of Section 13-B whereby the qualification granted to any student of a medical college would not be deemed to be a recognised medical qualification would not apply. Under Section 54, the Council is authorised to make regulations subject to the provisions of the Act and the rules made by the State Government. 38. On the other hand, the admission for Post Graduate Course [M.D./MS (Ayurveda)] is based on the P.G. The Second Schedule provides for the recognised medical qualifications i.e degrees/diplomas, awarded by the States/boards/faculties/universities before the constitution of the Central Council of Indian Medicine. 48. Such certificates shall be in, On application for a duplicate certificate, a certificate in. The 1951 State Act is consistent with the 1970 Central Act in regard to granting of the GAMS degree, as the degree granted under the 1951 State Act is still recognised under the 1970 Central Act. Under Section 17 of this Act, the Council shall establish a State faculty of ayurvedic and Unani medicines for the purposes of the Act which shall consist of a Chairman and the members enumerated in Clauses (a) to (d) of Section 17(1). All India Institute of Medical Sciences, Patna Patna Bihar Vacancies : (02) Type : Adhoc Sector : Government Functional Area : Medical Salary : Selected candidates will be paid consolidated salary as per Government of India rule. The Indian Medicine Central Council Act, 1970 (the Central Act) provides for constitution of a Central Council of Indian Medicine (CCIM) and the maintenance of a Central Register of Indian Medicine and for matters connected therewith. Lohia Nagar, PATNA-800020 (Bihar) 5: Chhatisgarh: Dr. D.K. 33. 16. 18. The decision of the Faculty shall be communicated to the institution concerned as soon as possible. Sections 13-A, 13-B and 13-C with their sub-sections have been substituted by the Indian Medicine Central Council (Amendment) Act, 2003 (58 of 2003) w.e.f 7-11-2003, which prescribe for the permission for establishment of new medical colleges, new courses of study, etc. If any college or the educational institution running the college continues the educational facility, imparting education in indigenous system of medicine leading to the degree, diploma, etc., as included in the Act of 1982 without permission, would run the risk to their students of not being conferred with a recognised degree and penalties provided under the 1982 Act. The High Court further held that the 1982 Act aims at curing a rampant evil in colleges concerned in the State of Bihar and hence the State Government was given control in the matter of making queries into the standard of educational institutions teaching Indian system of medicine, and thereafter proceeding for recognition of the institution under the 1982 Act. The Division Bench also agreed with the learned Single Judge that the course of study of GAMS had come to an end and had been replaced by BAMS course, much before the writ petitioners acquired their GAMS degree. 20. 31. View the profiles of people named Hakeem Ayurvedic. Section 13-C, however, provides a breathing time to the medical colleges which have been established on or before the commencement of the amending Act of 2003 without the permission of the Central Government to get such permission within a period of three years from the commencement of the Act. Please log in or sign up for a free trial to access this feature. Sections 13-A, 13-B and 13-C, Central Council Act, 1970 (the Central Act). 50. ; non-recognition of medical qualifications in certain cases; and time for seeking permission of the Central Government for certain existing or new medical colleges. 2. 47. Registrar : Dr. Hudda (Mobile 9431201036). 463 of 2000 and the appellant in Civil Appeal No. of BC - 05 Vaishya Poddar Attached But 04 Written in Application 8. It was also the case of the respondents that after the Bihar Indigenous Medical Educational Institution (Regulation and Control) Act, 1982‡ (for short “the 1982 Act”), the GAMS degree could only be recognised if it is conferred on the students who had studied from the colleges recognised under the 1982 Act. 825 of 1998 was placed along with the LPAs before the Division Bench for decision. I beg to submit that I want to get my name registered in the list of registered practitioners under theBihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951. Under the 1970 Act, the State Faculty established under the Bihar State Council of Ayurvedic and Unani Medicines (the appellant in LPA No. Section 2(ea) of the 1970 Act defines “medical college” to mean a college of Indian medicine where a person undergoes a course of study or training which will qualify him for the award of a recognised medical qualification. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. Therefore, the colleges or the institutions which have not obtained the permission of the Central Government may do so within a period of three years from the commencement of the Act to save the medical qualification conferred on the students of such medical colleges from the rigour of Section 13-B of the 1970 Act. The Faculty while exercising its powers has to abide by the conditions laid down in the Rules and Regulations. Under Clause (d) of sub-section (2) of Section 17, provisions of Section 13-A. The established colleges are also required to seek permission of the Central Government for the medical qualification to be recognised medical qualification but it would not mean that the already conferred medical qualification of the students studied in such previously established medical colleges would not be a recognised medical qualification under the 1970 Act. The admission for B.A.M.S. Section 7 postulates that to all private medical colleges and medical institutions in indigenous system of medicine, preparing or intending to prepare students for study in indigenous system of medicine leading to degree, diploma, etc. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. 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