CHAPTER 116

AYURVEDA

ActsNos.31 of 1961,

5 of 1962,9 of 1969,

LawNo. 7 of 1977,ActsNos. 6 of 1978,

16 of 1978.

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A DEPARTMENT OF AYURVEDA; FORTHE REGISTRATION OF AYURVEDIC HOSPITALS, AYURVEDIC PHARMACIES,AYURVEDIC DISPENSARIES AND AYURVEDIC STORES; FOR THE ESTABLISHMENTOF AN AYURVEDIC MEDICAL COUNCIL TO REGISTER AYURVEDIC PRACTITIONERS,AYURVEDIC PHARMACISTS AND AYURVEDIC NURSES, AND DEAL WITH MATTERSRELATING TO THEIR PROFESSIONAL CONDUCT; FOR THE ESTABLISHMENT OF ANAYURVEDA EDUCATION AND HOSPITAL BOARD TO DISCHARGE CERTAINFUNCTIONS IN RELATION TO THE AWARD OF DIPLOMAS AND CERTIFICATES, ANDCERTAIN FUNCTIONS IN RELATION TO THE EDUCATION AND TRAINING INAYURVEDA AND IN RELATION TO THE CENTRAL HOSPITAL OF AYURVEDA AND THEPHARMACY, HERBARIUM AND DISPENSARY ATTACHED THERETO; FOR THEESTABLISHMENT OF AN AYURVEDIC RESEARCH COMMITTEE TO DISCHARGECERTAIN FUNCTIONS IN RELATION TO RESEARCH IN AYURVEDA; TO MAKECONSEQUENTIAL AMENDMENTS IN THE POISONS, OPIUM AND DANGEROUS DRUGSORDINANCE, AND THE FOOD AND DRUGS ACT; AND TO MAKE PROVISION FORMATTERS CONNECTED WITH OR INCIDENTAL TO THE AFORESAID MATTERS.

Short title.

A Departmentof Ayurveda tobe established.

Appointmentof theCommissionerfor Ayurvedaand otherofficers.

Delegation ofthe Commis-sioner's powersand duties.

1. This Act may be cited as theAyurveda Act.

PART I

THE DEPARTMENT OF AYURVEDA

2. There shall be a Department ofAyurveda (hereinafter referred to as " theDepartment") to carry out the objectsspecified in section 7.

3. (1) There shall be appointed a personto be or to act as the Commissioner forAyurveda (hereinafter referred to as " theCommissioner ") who shall be the Head ofthe Department.

(2) There may be appointed such numberof Deputy Commissioners for Ayurveda,Assistant Commissioners for Ayurveda andother officers as may be necessary for thepurpose of carrying out the objects specifiedin section 7.

4. The Commissioner may delegate anyof his powers or duties to any DeputyCommissioner for Ayurveda or AssistantCommissioner for Ayurveda.

[1st October, 1962.]

5. The Minister may, by Orderpublished in the Gazette, authorize anyofficer of the Department to exercise orperform any power or duty of a DeputyCommissioner for Ayurveda or an AssistantCommissioner for Ayurveda.

6. In the exercise and performance ofhis powers and duties under this Act, theCommissioner shall be subject to suchgeneral or special directions as may beissued, from time to time, by the Minister.

Minister'spower toauthorize anyofficer toexercise or

perform anypower or dutyof a DeputyCommissioneror an AssistantCommissionerfor Ayurveda.

Commissionerto be subject todirections ofMinister.

7. Subject to the availability of moneys Objects of thegranted from the Consolidated Fund, the Department.Department shall be responsible forcarrying out the following objects:—

(a) the provision of establishments andservices necessary for the treatmentof disease, and generally for thepreservation and promotion of thehealth of the people according toayurveda;

Cap. 116] AYURVEDA

Establishmentandmaintenance ofayurvedichospitals, &c.,by theCommissioner.

Financial assistance bytheCommissioner.

Ayurvedichospitals,pharmacies,dispensariesand stores tobe registered.

(b) the encouragement of the study of,and research in, ayurveda by thegrant of scholarships and otherfacilities to persons employed orproposed to be employed in theDepartment and by the grant offinancial aid and other assistance toinstitutions providing courses ofstudy or engaged in research inayurveda; and

(c) t he t a k i n g , d e v e l o p m e n t orencouragement of measures for theinvestigation of disease, and for the

improvement of public health,according to ayurveda.

PART II

POWERS OF THE COMMISSIONER

8. In carrying out the objects specifiedin section 7, the Commissioner mayestablish and maintain, or cause to beestablished or maintained, ayurvedichospitals, ayurvedic pharmacies andherbariums, ayurvedic dispensaries andayurvedic stores.

9. In carrying out the objects specifiedin section 7, the Commissioner may, withthe prior approval of the Minister, grantany sum out of moneys voted for thepurpose by Parliament—

(a) to the Ayurvedic Medical Council;

(b) to any institution established andmaintained for the training ofpractitioners of ayurveda;

(c) to any institution referred to insection 8;

(d) to any other institution establishedand maintained for the promotionof ayurveda; and

(e) to any deserving person for theprosecution of his studies inayurveda.

10. (I) On and after such date as maybe appointed in that behalf by the Ministerby Order published in the Gazette, nopremises shall be used for the purpose of anayurvedic hospital, ayurvedic pharmacy,

ayurvedic dispensary or ayurvedic store,unless such premises are for the time beingregistered by the Commissioner as anayurvedic hospital, ayurvedic pharmacy,ayurvedic dispensary or ayurvedic store, asthe case may be, and the person carrying onsuch hospital, pharmacy, dispensary orstore, in such premises is for the time beingregistered by the Commissioner as theproprietor thereof.

(2) The date appointed by Orderpublished under subsection (I) shall be adate not earlier than three months after thedate of the publication of that Order.

(3) Where any premises are used for thepurpose of an ayurvedic hospital, ayurvedicpharmacy, ayurvedic dispensary orayurvedic store, in contravention of theprovisions of subsection (1), the person forthe time being in charge of such hospital,pharmacy, dispensary or store, shall beguilty of an offence.

(4) Regulations may be made under thisAct for or in respect of all or any of thefollowing matters:—

(a) the making of applications for theregistration of any premises as anayurvedic hospital, ayurvedicpharmacy, ayurvedic dispensary orayurvedic store;

(b) the form of such applications and theparticulars to be contained therein;

(c) the fee to be charged for suchregistration;

(d) the period for which such registrationshall be effective and the grant ofcertificates of renewal of suchregistration upon payment of theprescribed fee;

(e) the circumstances in which suchregistration may be refused orcancelled;

(f) the circumstances in which therenewal of such registration may berefused;

(g) appeals to the Minister against therefusal of applications for suchregistration or the renewal of such

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Constitution ofthe AyurvedicMedicalCouncil.

registration or against thecancellation of such registrationand the finality of the decisionsmade by the Minister on suchappeals;

(h) the conditions which shall becomplied with in relation toregistered ayurvedic hospitals,pharmacies, dispensaries andstores;

(i) the records and books which shall bekept and maintained in registeredayurvedic hospitals, pharmacies,dispensaries and stores;

(j) the returns to-be furnished from timeto time in respect of registeredayurvedic hospitals, pharmacies,dispensaries and stores, and theparticulars to be contained therein,including particulars as to thenumber and description of casesadmitted or treated and as to thestaff employed therein;

(k) the rates of fees and charges whichmay be charged or made atregistered ayurvedic hospitals,pharmacies, dispensaries andstores;

(l) the powers of entry into, andinspection of, registered ayurvedichospitals, pharmacies, dispensariesand stores;

(m) the registers to be kept andmaintained by the Commissionerfor the purpose of the registrationof ayurvedic hospitals, pharmacies,dispensaries and stores; and

(n) the proper maintenance andadministration of registeredayurvedic hospitals, pharmacies,dispensaries and stores, and thehealth, safety and proper care andtreatment of persons treated in suchhospitals and dispensaries.

PART III

THE AYURVEDIC MEDICAL COUNCIL

11. (1) There shall be a Council whichshall be called the Ayurvedic MedicalCouncil, in this Part referred to as " the

Council ", and which shall, subject to theprovisions of subsection (2), consist of thefollowing members:—

(a) the Commissioner;

(b) the Director of the Institute of [§ 3, Law 7 ofIndigenous Medicine of the 1977.]University of Colombo, Sri Lanka;

(c) two members elected by the teachersof the Institute of IndigenousMedicine of the University ofColombo, Sri Lanka, fromthemselves;

(d) one member elected by the teachers ofeach approved ayurvedic teachinginstitution from themselves;

(e) three members elected by theregistered ayurvedic practitionersfrom themselves; and

(f) not more than ten members appointedby the Minister of whom—

(i) not more than three shall be soappointed from persons whoare not registered ayurvedicpractitioners,

(ii) at least three shall be soappointed from a panel of tennominated by the All CeylonAyurvedic Practitioners'Congress, and

(iii) at least two shall be soappointed from registeredayurvedic practitioners whoare not members of theAll Ceylon AyurvedicPractitioners' Congress.

(2) The Minister may, without assigningany reason, remove from office, by Orderpublished in the Gazette, any member of theCouncil who is appointed by him.

(3) Any member of the Council removedfrom office by the Minister shall not beeligible for appointment or election as suchmember for a period of three years from thedate of his removal.

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Term of officeof members ofthe Council.[§ 4, Law 7 of1977.]

(4) The Council may, from time to time,delegate any power, duty or function of theCouncil to a committee or committeesconsisting of members of the Council. Anysuch delegation may be made subject tosuch conditions or restrictions as theCouncil may deem necessary.

12. Each member of the Council otherthan the Commissioner and the Director ofthe Institute of Indigenous Medicine of theUniversity of Colombo, Sri Lanka, shall,unless he vacates office earlier, hold officefor a term of three years and shall be eligiblefor re-election or reappointment:

Provided that a person elected orappointed as a member of the Council insuccession to any person who has ceased tobe a member of the Council before theexpiry of the term of office shall, unless hevacates office earlier, hold office for theunexpired part of the term of office of themember whom he succeeds.

the Council under this Actsuspending his registration as anayurvedic practitioner;

(f) on his being convicted of any offenceunder the Penal Code; or

(g) on the expiry of his term. of office.

(2) The Commissioner shall be deemed tohave vacated office as a member of theCouncil on his ceasing to hold office asCommissioner.

(3) The Director of the Institute of [§ 5, Law 7 ofIndigenous Medicine of the University of 1977.]Colombo, Sri Lanka, shall be deemed tohave vacated office as a member of theCouncil on his ceasing to hold office as theDirector of the Institute of IndigenousMedicine of the University of Colombo, SriLanka.

Vacation ofoffice bymembers ofCouncil.[§ 5, Law 7 of1977.]

13. (1) A member of the Council, otherthan the Commissioner and the Director ofthe Institute of Indigenous Medicine of theUniversity of Colombo, Sri Lanka, shall bedeemed to have vacated office—

(a) where he is not a public officer, onsending his resignation in writing tothe President of the Council;

(b) where he is not a public officer, onthe absence without excusesufficient in the opinion of theCouncil from three consecutivemeetings of the Council;

(c) where he is a member elected underparagraph (c) or paragraph (d) ofsubsection (1) of section 11, on hisceasing to hold the post or office byvirtue of which he was qualified forelection as a member of theCouncil;

(d) where he is an appointed member, onhis removal from office by theMinister;

The Presidentand the Vice-President ofthe Council.

14. Any vacancy in the Council shall be Filling up offilled by the election or appointment of a vacancies.member, as the case may be, in accordancewith the provisions of this Part.

15. (1) The Commissioner shall be thePresident of the Council.

(2) The members of the Council shallelect from themselves a Vice-President ofthe Council.

(3) The President, and in his absence theVice-President, of the Council shall presideat any meeting of the Council. Whereneither the President nor the Vice-Presidentof the Council is present at any meeting ofthe Council, the members of the Councilattending that meeting shall elect fromthemselves a chairman for that meeting.

16. The quorum for a meeting of the Quorum.Council shall be six.

(e) on his ceasing to be a registeredayurvedic practitioner, or on thetaking effect of an order made by

17. Subject to the provisions of section Regulation of15, section 16 and section 44, the Council procedure ofmay regulate its own procedure. the Council.

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AYURVEDA [Cap. 116

The Council tobe theauthorityresponsible forthe registrationof ayurvedicpractitioners,ayurvedicpharmacistsand ayurvedicnurses and theregulation andcontrol of theirprofessionalconduct.

18. The Council shall, in accordancewith the provisions of this Act, be theauthority responsible for—

(a) recommending to the Ministerwhether any ayurvedic teachinginstitution should be approved byhim for the purposes of this Act;

(b) the registration of persons asayurvedic practitioners;

(c) the registration of persons as ayurvedicpharmacists;

(d) the registration of persons asayurvedic nurses;

(e) the cancellation, or suspension, ofsuch registration; and

(f) the making of rules for—

(i) the regulation and control of theprofessional conduct ofayurvedic practitioners,ayurvedic pharmacists, andayurvedic nurses; and

(ii) any of the matters referred to inparagraphs (b) to (e) of thissection.

20. (1) The members for the time being The Council toof the Council shall be a body corporate be a body

with the name of " The Ayurvedic Medical corporateCouncil" and shall have perpetualsuccession and may sue and be sued in suchname and adopt, alter and use a corporateseal which shall be judicially noticed.

(2) The Council may acquire and holdany movable or immovable property anddispose of any of its properties and enterinto contracts and do all such other acts asmay be necessary for the exercise of itspowers and the discharge of its functionsand duties.

21.time,-

(1) Such sums as may, from time to Funds of theCouncil.

(a) be granted for the purposes of theCouncil by the Commissioner underthis Act, or

(b) be paid to, or recovered by, theCouncil as fees under this Act,

shall form part of the funds of the Council.

(2) There shall be paid out of the funds ofthe Council—

Registrar andother officersand servants ofthe Council.

19. (1) The Council—

(a) shall appoint a Registrar of theCouncil who shall also act asSecretary of the Council; and

(b) may appoint such other officers andservants of the Council as may benecessary for carrying out the workof the Council.

(2) The officers and servants of theCouncil shall be remunerated in suchmanner and at such rates, and shall besubject to such conditions of service, as maybe determined by rules made by the Councilunder this Act.

(3) The Council may, in accordance withrules made by the Council under this Act,establish and regulate a provident fund forthe benefit of its officers and servants andmake contributions to such fund out of thefunds of the Council.

(a) the remuneration payable undersection 45 to members of theCouncil for attendance at meetingsof the Council, and to the officersand servants of the Council; and

(b) all other expenditure incurred by theCouncil in the exercise of its powersand the discharge of its functionsand duties under this Act.

21A. (1) The Council shall cause properaccounts to be kept of all the transactions ofthe Council and shall prepare an annualstatement of such accounts in such form andcontaining such particulars as the Minister,with the concurrence of the Minister incharge of the subject of Finance, may fromtime to time specify.

(2) The financial year of the Council shallbe the period of twelve months commencing [§ 23,38 ofon the first day of January.

Accounts ofthe Counciland financialyear.[§2, 9 of 1969.]

1971.]

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Cap. 116] AYURVEDA

Audit of the accounts 21B. (1) The Council shall have itsof the Council accounts for each financial year audited by[§ 2 9 of 19691 Auditor-General.

(2) For the purpose of assisting him inthe audit of such accounts, the Auditor-General may employ the services of anyqualified auditor or auditors who shall actunder his direction and control.

(3) For the purpose of meeting theexpenses incurred by him in auditing theaccounts of the Council, the Auditor-General shall be paid from the funds of theCouncil such remuneration as the Ministermay determine with the concurrence of theMinister in charge of the subject of Finance.

(4) For the purposes of this section, theexpression " qualified auditor " means—

(a) an individual who, being a member ofthe Institute of CharteredAccountants of Sri Lanka, or ofany other Institute established bylaw,, possesses a certificate topractise as an Accountant issued bythe Council of such Institute; or

(b) a firm of Accountants each of theresident partners of which, being amember of the Institute ofChartered Accountants of SriLanka or of any other Instituteestablished by law, possesses acertificate to practise as anAccountant issued by the Councilof such Institute.

The Auditor- 21C. The Auditor-General shallGeneral'sreport examine the accounts of the Council and

[§ 2,9 of 1969.] furnish a report—

(a) stating whether he has or has notobtained all the information andexplanations required by him;

(b) stating whether the accounts referredto in the report are properly drawnup so as to exhibit a true and fairview of the affairs of the Council;and

(c) drawing attention to any item in theaccounts which in his opinion maybe of interest to Parliament in anyexamination of the activities andaccounts of the Council.

21D. The Council shall, on receipt ofthe Auditor-General's report on theaccounts for each financial year, transmitsuch report together with the income andexpenditure account and the balance sheetto which the report relates, and a statementby the Council of its activities during thatfinancial year to the Minister who shallcause copies thereof to be laid beforeParliament before the end of the year nextfollowing the year to which such report andaccounts relate.

PART IV

THE AYURVEDA EDUCATION ANDHOSPITAL BOARD

22. (1) There shall be a Board whichshall be called the Ayurveda Education andHospital Board, hereafter in this Partreferred to as the " Board ", and which shallconsist of—

(a) the Commissioner;

(b) the Director of the Institute ofIndigenous Medicine of theUniversity of Colombo, Sri Lanka;

(c) the Medical Superintendent of theCentral Hospital of Ayurveda;

(d) an officer of the Ministry of HigherEducation appointed by theMinister on the recommendation ofthe Minister in charge of the subjectof Higher Education;

(e) one member appointed by theMinister from the teachers of theInstitute of Indigenous Medicine ofthe University of Colombo, SriLanka, on the recommendation ofthe Minister in charge of the subjectof Higher Education;

(f) two members, other than the memberappointed under paragraph (e),elected by the teachers of theInstitute of Indigenous Medicine ofthe University of Colombo, SriLanka, from themselves;

(g) one member appointed by theMinister from the teachers ofapproved Ayurvedic teachinginstitutions;

Annualaccounts withthe auditor'sreport and areport of theannualactivities of theCouncil to betransmitted tothe Minister.[§ 2, 9 of 1969.]

The AyurvedaEducation andHospitalBoard.[§ 7, Law 7 of1977.]

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AYURVEDA

Term of officeof the membersof the Board.[§ 8, Law 7 of1977.]

(h) two members elected by the holdersof the diplomas or certificatesgranted or recognized by the Boardof Indigenous Medicine, or by theAyurvedic College and HospitalBoard or by the AyurvedaEducation and Hospital Boardestablished under this Act and bythe holders of degrees or diplomasgranted by the Institute ofAyurveda of the University ofCeylon,* or by the Institute ofIndigenous Medicine of theUniversity of Colombo, Sri Lanka,from themselves;

(i) not more than four membersappointed by the Minister from theregistered ayurvedic practitionersof whom not more than two shallbe so appointed from a panel of sixnominated by the All CeylonAyurvedic Practitioners' Congress;and

(j) two members appointed by theMinister from persons who are notregistered ayurvedic practitioners.

(2) The Minister may, without assigningany reason, remove from office, by Orderpublished in the Gazette, any member of theBoard who is appointed by him:

Provided that no member of the Boardappointed by the Minister on therecommendation of the Minister in chargeof the subject of Higher Education shall beremoved from office except with theconcurrence of the Minister in charge of thesubject of Higher Education.

(3) Any member of the Board removedfrom office by the Minister shall not beeligible for appointment or election as suchmember for a period of three years from thedate of his removal.

23. Each member of the Board, otherthan the Commissioner, the Director of theInstitute of Indigenous Medicine of theUniversity of Colombo, Sri Lanka, and theMedical Superintendent of the CentralHospital of Ayurveda, shall, unless he

vacates his office earlier, hold office for aterm of three years and shall be eligible forre-election or reappointment:

Provided that a person elected orappointed as a member of the Board insuccession to any person who has ceased tobe a member of the Board before the expiryof his term of office shall, unless he vacatesoffice earlier, hold office for the unexpiredpart of the term of office of the memberwhom he succeeds.

24. (1) A member of the Board, other Vacation ofthan the Commissioner, the Director of the office byInstitute of Indigenous Medicine of the members of the University of Colombo, Sri Lanka, and the Board.Medical Superintendent of the CentralHospital of Ayurveda, shall be deemed tohave vacated office—

(a) where he is not a public officer, onsending his resignation in writing tothe Chairman of the Board ; or

(b) where he is not a public officer, on hisabsence without excuse sufficient inthe opinion of the Board from threeconsecutive meetings of the Board ;

(c) where he is an elected member, on hisceasing to hold the post or office byvirtue of which he was qualified forelection as a member of the Board ;

(d) where he is an appointed member, onhis removal from office by theMinister;

(e) where he is a member appointedunder paragraph (d) of subsection(1) of section 22, on his ceasing tobe an officer of the Ministry ofHigher Education;

(f) where he is a member appointed underparagraph (e) or paragraph (f) orparagraph (g) of subsection (1) ofsection 22, on his ceasing to holdthe post or office by virtue of whichhe was qualified for appointmentunder that paragraph as a memberof the Board ; or

(g) on the expiry of his term of office.* This is a reference to the University of Ceylon, established under the repealed Ceylon University Ordinance and

continued as the University of Sri Lanka under the repealed University of Ceylon Act, No. 1 of 1972.

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Cap. 116] AYURVEDA

(2) The Commissioner shall be deemed tohave vacated the office of a member of theBoard on his ceasing to hold the office ofCommissioner.

[§9, Law 7 of (3) The Director of the Institute of1977.] Indigenous Medicine of the University of

Colombo, Sri Lanka, shall be deemed tohave vacated office as a member of theBoard on his ceasing to hold the office ofthe Director of the Institute of IndigenousMedicine of the University of Colombo, SriLanka.

(4) The Medical Superintendent of theCentral Hospital of Ayurveda shall bedeemed to have vacated office as a memberof the Board on his ceasing to hold theoffice of Medical Superintendent of theCentral Hospital of Ayurveda.

25. Any vacancy in the Board shall befilled by the election or appointment of amember, as the case may be, in accordancewith the provisions of this Part.

Filling up ofvacancies.

26. (I) The Commissioner shall be" theChairman of the Board.

Chairman ofthe Board.

(2) The Chairman of the Board shallpreside at any meeting of the Board. In theabsence of the Chairman from any meetingof the Board, the members of the Boardattending that meeting shall elect fromthemselves a chairman for that meeting.

Quorum. 27. The quorum for a meeting of theBoard shall be six.

Regulation of 28. Subject to the provisions of sectionproceedings of 26, section 27 and section 44, the Boardthe Board. shall regulate its own procedure.

29. The Board may, from time to time,delegate any power, function or duty of theBoard to a committee or committeesconsisting of members of the Board. Anysuch delegation may be made subject tosuch conditions or restrictions as the Boardmay deem necessary.

Delegation ofpowers,functions orduties of theBoard tocommittees.

30. The Board shall have the followingpowers;—

Powers of theBoard.[§10, Law 7 of1977.]

(o) to arrange with the University ofColombo, Sri Lanka, the terms andconditions to be fulfi l led for

qualifying for the award of thediplomas and certificates of theUniversity;

(b) to determine and hold examinationsto enable persons to obtaindiplomas or certificates of theBoard and to make such rules asare necessary for that purpose;

(c) to conduct or to arrange to conductcourses, lectures and classes toenable persons to obtain diplomasor certificates of the Board ;

(d) to appoint examiners for theexaminations held by the Board;

(e) to make recommendations to theMinister as to the fees to be paid tosuch examiners;

(f) to grant diplomas or other academicdistinctions honoris causa ;

(g) to make recommendations to theMinister as to the administration ofthe Central Hospital of Ayurvedaand other hospitals of theDepartment, and in particular, as tothe charges to be made in respect ofpatients admitted to thosehospitals;

(h) to make rules for the exercise,discharge and performance of thepowers, functions and duties of theBoard; and

(i) to do all such acts as may be necessaryfor the exercise, discharge andperformance of the aforesaidpowers, functions and duties.

31. There shall be appointed a Registrar Registrar ofof the Board who shall also act as the the BoardSecretary of the Board. [§11, Law 7 of 1977.]

32. The remuneration payable under Expenditure ofsection 45 to members of the Board for the Board.attendance at meetings of the Board, and allother expenditure incurred by the Board inthe exercise of its powers and the dischargeof its functions and duties under this Act,shall be paid out of the moneys voted forthe purpose by Parliament.

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AYURVEDA [Cap. 116

Constitution ofthe AyurvedicResearchCommittee.[§12, Law 7 of1977.]

Tenure ofoffice ofmembers of theCommittee.

Vacation ofoffice bymembers of theCommittee.

PART V

THE AYURVEDIC RESEARCH COMMITTEE

33. (1) There shall be a Committeewhich shall be called the AyurvedicResearch Committee, hereafter in this Partreferred to as " the Committee ", and whichshall consist of the Commissioner, and nineother members appointed by the Minister ofwhom one shall be from the teaching staffof the Institute of Indigenous Medicine ofthe University of Colombo, Sri Lanka, andanother shall be from the regular medicalstaff of the Central Hospital of Ayurveda,

(2) The Minister may, without assigningany reason, remove from office, by Orderpublished in the Gazette, any member of theCommittee who is appointed by him.

34. Each member of the Committee,other than the Commissioner, shall, unlesshe vacates his office earlier, hold office for aterm of three years and shall be eligible forreappointment:

Provided that a person appointed as amember of the Committee in succession toany person who has ceased to be a memberof the Committee before the expiry of histerm of office shall, unless he vacates officeearlier, hold office for the unexpired part ofthe term of office of the member whom hesucceeds.

35. (1) A member of the Committee,other than the Commissioner, shall bedeemed to have vacated office—

(a) where he is not a public officer, onsending his resignation in writing tothe Minister;

(b) where he is not a public officer, on hisabsence without excuse sufficient inthe opinion of the Committee fromthree consecutive meetings of theCommittee;

(c) on his removal from office by theMinister; or

(d) on the expiry of his term of office.

(2) The Commissioner shall be deemed tohave vacated the office of a member of

the Committee on his ceasing to hold theoffice of Commissioner.

36. Any vacancy in the Committee shall Filling up ofbe filled by the appointment of a member in vacancies.accordance with the provisions of this Part.

37. (1) The Commissioner shall be the Chairman ofChairman of the Committee. Committee.

(2) The Chairman of the Committee shallpreside at any meeting of the Committee. Inthe absence of the Chairman from anymeeting of the Committee, the members ofthe Committee attending that meeting shallelect from themselves a chairman for thatmeeting.

38. The quorum for a meeting of the Quorum.Committee shall be three.

39. Subject to the provisions of section Regulation of37, section 38 and section 44, the Committee proceedings of

, ,, , . , shall regulate its own procedure. the Committee.

40. The remuneration payable under Expenditure ofsection 45 to members of the Committee for thc Committee.attendance at meetings of the Committee,and all other expenditure incurred by theCommittee in the exercise of its powers andthe discharge of its functions and dutiesunder this Act, shall be paid out of suchmoneys as may be voted for the purpose byParliament.

41. (1) It shall be the duty of the Duties of theCommittee to advise the Minister as to the Committee.carrying out of research in all branches ofayurveda with a view to the promotion of itsdevelopment, and, in particular, as to thecarrying out of research in respect of thefollowing matters:—

(a) ayurvedic literature;

(b) fundamentals in ayurvedic doctrine;

(c) ayurvedic clinical treatment; and

(d) ayurvedic drugs, pharmacology andpharmacopoeia.

(2) It shall be the duty of the Committeeto carry out all such directions as may beissued to the Committee by the Minister inrespect of the following matters:—

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Definition ofthe expression" Body " forthe purposes ofthis Part.

A Body to besubject togeneral andspecialdirections ofthe Minister.

Proceedings ofany Body.

(a) the maintenance of libraries,museums, herbariums, laboratories,or other institutions;

(b) the publication of ayurvedicmanuscripts, ayurvedic text-booksand other ayurvedic journals orpapers;

(c) the compilation and publication of anayurvedic pharmacopoeia;

(d) the standardization of ayurvedicdrugs;

(e) all such other matters as may benecessary for the performance ofthe duties specified in subsection(1).

PART VI

SPECIAL PROVISIONS APPLICABLE TOBODIES ESTABLISHED UNDER THIS ACT

42. In this Part, unless the contextotherwise requires, the expression " Body "means any Council, Board, or Committee,established under this Act.

43. A Body shall, in the exercise of itspowers and the discharge of its functionsand duties under this Act, be subject to suchgeneral or special directions as may beissued, from time to time, by the Minister.

44. (1) Every question which comes upfor consideration before a Body shall bedealt with at a meeting of the Body andshall be determined by the majority of themembers of the Body present and voting.

(2) In the event of an equality of votes onany question considered at a meeting of aBody, the Chairman of that meeting shallhave a casting vote in addition to hisoriginal vote.

(3) All acts done at any meeting of aBody shall, notwithstanding that it beafterwards discovered that there was somedefect in the election or appointment of anymember thereof or that any such memberwas disqualified, be as valid as if every suchmember had been duly elected or appointedand was qualified to be such member.

(4) No act or proceeding of a Body shallbe invalidated by reason only of anyvacancy in the Body.

45. The members of a Body shall bepaid such remuneration for attendance atmeetings of the Body as may .be determinedby the Minister with the concurrence of theMinister in charge of the subject of Finance.

46. No suit or prosecution shall lie—

(a) against a Body for any act which ingood faith is done or purports to bedone by the Body under this Act;and

(b) against any member, officer, servantor agent of the Body for any actwhich in good faith is done orpurports to be done by him underthis Act or on the direction of theBody-

47. No writ against person or propertyshall be issued against a member of a Bodyin any action brought against the Body.

48. A Body shall be deemed to be ascheduled institution within the meaning ofthe Bribery Act, and the provisions of thatAct shall be construed accordingly.

matters;— rules.

(a) the matters in respect of which theBody is required or authorized tomake rules under any otherprovision of this Act;

(b) the meetings of the Body and theprocedure to be followed at suchmeetings; and

(c) any other matter connected with theaffairs of the Body.

(2) No rule made by a Body under thisAct shall have effect until it is approved bythe Minister and published in the Gazette.

Remunerationfor attendanceat a meeting ofa Body.

Protection foraction takenunder this Actor on thedirection of aBody.

No writ toissue againstperson orproperty of amember of aBody.

A Bodydeemed to be ascheduledinstitutionwithin themeaning of theBribery Act.

49. (1) A Body may make rules in Power of arespect of all or any of the following body to make

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AYURVEDA [Cap. 116

(3) The Minister shall not, without theprior concurrence of the Minister in chargeof the subject of Finance, approve any rulemade by the Ayurvedic Medical Council inre spec t of any m a t t e r r e f e r r e d toin subsection (2) or subsection (3) ofsection 19,

PART VII

REGISTRATION OF AYURVEDICPRACTITIONERS, PHARMACISTS AND

NURSES

Definition of 50. In this Part-certain

(a) "the Council" means the Ayurvedicthis Part. Medical Council; and

(b) " the Registrar " means the Registrarof the Council.

Registers. 51. (1) The Council shall keep andmaintain—

(a) a general register and a specialregister for the registration ofayurvedic practitioners;

(b) a register for the registration ofayurvedic pharmacists; and

(c) a register for the registration ofayurvedic nurses.

(2) The Registrar shall be the officer ofthe Council responsible for keeping andmaintaining the registers referred to insubsection (1).

(3) With effect from the appointed date,the property in the general register and thespecial register of practitioners ofindigenous medicine maintained by theBoard of Indigenous Medicine shall vest inthe Council, and such general register shallbe deemed to be a general register ofayurvedic practitioners maintained by theCouncil under this Act, and such specialregister shall be deemed, to be a specialregister of ayurvedic practitionersmaintained by the Council under this Act.

Applications 52. (1) Every application for registrationfor registration as an ayurvedic practitioner in the generalas ayurvedic practitioners, register or the special register shall be made

in writing to the Council through theRegistrar in such form as may be prescribedby rules made by the Council under thisAct.

(2) An application for registration as anayurvedic practitioner in the general registershall not be refused by the Council except—

(a) on the ground that the applicant isnot entitled to such registrationunder subsection (1) of section 55,or

(b) on any ground specified in subsection(1) of section 57.

(3) An application for a registration as anayurvedic practitioner in the special registershall not be refused by the Council except—

(a) on the ground that the applicant isnot entitled to such registrationunder subsection (2) of section 55,or

(b) on any ground specified in subsection(1) of section 57.

(4) An application may be made forregistration as an ayurvedic practitioner inboth the general register and the specialregister.

53. (1) Every application forregistration as an ayurvedic pharmacist orayurvedic nurse shall be made in writing tothe Council through the Registrar in suchform as may be prescribed by rules made bythe Council under this Act.

(2) An application for registration as anayurvedic pharmacist or ayurvedic nurseshall not be refused by the Council except—

(a) on the ground that the applicant isnot entitled to such registrationunder section 56, or

(b) on any ground specified in subsection(1) of section 57.

54. An application for registration as anayurvedic practitioner or ayurvedicpharmacist may be made by any personwhose registration as such practitioner orpharmacist, as the case may be, has beenpreviously cancelled by the Council, and the

Applicationsfor registrationas ayurvedicpharmacistsand ayurvedicnurses.

Applicationsfor registrationby personswhoseregistration hasbeen previouslycancelled.

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Qualificationsfor registrationas an ayurvedicpractitioner.

[§ 13, Law 7 of1977.]

Council may entertain such application anddispose of it in accordance with theprovisions of this Part.

55. (1) No person shall be entitled to beregistered in the general register as anayurvedic practitioner unless he—

(a) is a citizen of Sri Lanka; and

(b) is the holder of a diploma granted bythe Board of Indigenous Medicine,or a certificate issued on or beforethe appointed date, by theAyurvedic Medical Council underthe Ayurvedic Medical CouncilOrdinance; or

(c) is the holder of a diploma granted bythe Ayurvedic College and HospitalBoard, or the holder of a diplomaor certificate granted by theAyurveda Education and HospitalBoard established under this Act,- orthe holder of a degree or diplomagranted by the Institute ofAyurveda of the University ofCeylon,* or the holder of a degreeor diploma granted by the Instituteof Indigenous Medicine of theUniversity of Colombo, Sri Lanka;or

(d) is the holder of a diploma granted byany other institution in Sri Lankaor India which has been declared tobe an approved institution for thepurposes of this section by theMinister by Order published in theGazette; or

(e) satisfies the Council that he possessessufficient knowledge, experienceand skill for the efficient practice ofayurveda.

(2) No person shall be entitled to beregistered in the special register as anayurvedic practitioner unless he—

(a) is a citizen of Sri Lanka; and

(b) satisfies the Council that he possessesa s p e c i a l k n o w l e d g e andsufficient experience and skill inany particular branch of ayurveda:

Provided, however, that from such dateas may be appointed by the Minister noperson shall be entitled to be registered inthe special register unless, in addition tosatisfying the requirements of paragraph (a)and paragraph (b), he is registered in thegeneral register as an ayurvedic practitioner.

56. No person shall be entitled to beregistered as an ayurvedic pharmacist orayurvedic nurse unless he—

(a) is a citizen of Sri Lanka; and

(b) satisfies the Council that he possessessufficient knowledge, experienceand skill for the efficient practice ofayurvedic pharmacy or ayurvedicnursing, as the case may be.

57. (1) The Council may, by order,refuse the application of any person forregistration as an ayurvedic practitioner,ayurvedic pharmacist, ayurvedic nurse, orcancel, or suspend for a specified period, theregistration of any person as suchpractitioner or pharmacist or nurse on anyof the following grounds :—

(a) that he has been convicted by acompetent court of any offencewhich shows him to be unfit to besuch practitioner or pharmacist ornurse; or

(b) that he has been guilty of anymisconduct in his capacity as suchpractitioner or pharmacist ornurse; or

(c) that he has been deprived of anydiploma or certificate which hasconstituted the qualification forsuch registration,

(2) When any proceedings have beeninstituted before a court against any personwho is a registered ayurvedic practitioner orregistered ayurvedic pharmacist orregistered ayurvedic nurse, in respect of anyoffence referred to in paragraph (a) ofsubsection (1), the Council may, by order,suspend the registration of that person as

Qualificationsfor registrationas an ayurvedicpharmacist orayurvedicnurse.

Grounds onwhichregistrationmay berefused,cancelled orsuspended.

* This is a reference to the University of Ceylon, established under the repealed Ceylon University Ordinance andcontinued as the University of Sri Lanka under the repealed University of Ceylon Act, No. 1 of 1972.

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Service ofcopies oforders made bythe Council.

Effect of ordersmade by theCouncil andduty ofRegistrar togive effect tosuch orders.

such practitioner, pharmacist or nurse, asthe case may be, until a final judgment,order or other determination is made orentered by such court in those proceedings.

(3) Where a person is registered as anayurvedic practitioner in both the generalregister and the special register, the Councilshall, if his registration in the generalregister is cancelled, by order cancel hisregistration in the special register.

(4) No order of refusal, cancellation orsuspension shall be made by the Councilunder subsection (1) or subsection (2) orsubsection (3) in respect of any person untilsuch person has been given an opportunityof being heard against the making of suchorder. At any such hearing—

(a) the Council may employ the servicesof a lawyer to lead the evidence andpresent the case against such personand of another lawyer to advise theCouncil and to act as judicialassessor; and

(b) such person may employ the servicesof a lawyer to lead evidence on hisbehalf and present his case.

(5) No order of refusal, cancellation orsuspension made by the Council undersubsection (1) or subsection (2) orsubsection (3) in respect of any person shalltake effect until the expiry of the periodwithin which an appeal may be preferredagainst it to the Minister under section 63,and, in the event of an appeal being dulypreferred against it to the Minister underthat section, unless and until the order isconfirmed in appeal.

58. A copy of an order made by theCouncil allowing or refusing an applicationof any person for registration as anayurvedic practitioner, ayurvedicpharmacist or ayurvedic nurse, or cancellingor suspending the registration of any personas such practitioner, pharmacist or nurse,shall be sent by registered post to suchperson by the Registrar.

59. (1) An order made by the Councilallowing the application of any person forregistration as an ayurvedic practitioner,ayurvedic pharmacist or ayurvedic nurse,shall take effect on the date specified in the

order, and shall entitle that person to beregistered, with effect from that date, inthe appropriate register of ayurvedicpractitioners, the register of ayurvedicpharmacists or the register of ayurvedicnurses, as the case may be. It shall be theduty of the Registrar, subject to theprovisions of subsection (2) of section 60, toenter the name of, and such particulars asmay be prescribed by rules made by theCouncil under this Act relating to, suchperson in such register.

(2) Where an order made by the Councilcancelling the registration of any person as an ayurvedic practitioner, ayurvedicpharmacist or ayurvedic nurse takes effect,it shall be the duty of the Registrar toremove the name and particulars of thatperson from the register of ayurvedicpractitioners, the register of ayurvedicpharmacists, or the register of ayurvedicnurses, as the case may be.

(3) Where an order made by the Councilsuspending the registration of any personas an ayurvedic practitioner, ayurvedicpharmacist or ayurvedic nurse takes effect,he shall not exercise or enjoy, during theperiod of such suspension, the rights andprivileges conferred by this Act on aregistered ayurvedic practitioner, registeredayurvedic pharmacist or registeredayurvedic nurse, as the case may be.

60. (1) The fee for registration as Registrationan ayurvedic practitioner, ayurvedic fee.pharmacist or ayurvedic nurse shall be suchsum as may be prescribed by rules made bythe Council under this Act.

(2) The Registrar shall not register thename of any person in the register ofayurvedic practitioners, the register ofayurvedic pharmacists or the register ofayurvedic nurses until the fee forregistration as an ayurvedic practitioner,ayurvedic pharmacist or ayurvedic nurse, asthe case may be, is paid by that person.

61. Where a person is registered as Certificate ofan ayurvedic practitioner, ayurvedicpharmacist or ayurvedic nurse, the Registrarshall send by registered post to such persona certificate of registration in such form asmay be prescribed by rules made by theCouncil under this Act.

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Cap. 116] AYURVEDA

Insertion ofadditionalqualificationsin the registers.

Appeals.

62. Where a registered ayurvedicpractitioner, registered ayurvedicpharmacist or registered ayurvedic nurseobtains any recognized qualification relatingto his profession which is not specified inthe register of ayurvedic practitioners, theregister of ayurvedic pharmacists or theregister of ayurvedic nurses, as the case maybe, in respect of him, such person shall beentitled, on payment of such fee as may beprescribed by rules made by the Councilunder this Act, to have such newqualification inserted in that register inrespect of him.

In the section, " recognized qualification "means any qualification recognized for thepurpose of this Act by the AyurvedicMedical Council.

63. (1) Where an order is made by theCouncil under this Part refusing theapplication of any person for registration asan ayurvedic practitioner, ayurvedicpharmacist or ayurvedic nurse, or cancellingor suspending such registration, such personmay, within fourteen days after thecommunication of that order to him, appealagainst that order to the Minister.

(2) Upon the hearing of any appealpreferred under subsection (1), the Ministershall, after hearing any representations orevidence that may be adduced by or onbehalf of the appellant or of the Council,give such decision not inconsistent with anyprovision of this Act upon the appeal as tothe Minister may seem just.

(3) The decision of the Minister on anyappeal preferred under subsection (1) shallbe final and conclusive, and in any casewhere such decision is that an applicationfor the registration of any person asan ayurvedic practitioner, ayurvedicpharmacist or ayurvedic nurse shall beallowed, it shall be the duty of the Registrar,subject to the provisions of subsection (2) ofsection 60, to enter the name of, and suchparticulars as may be prescribed by rulesmade by the Council under this Act relating-to, that person in the register of ayurvedicpractitioners, the register of ayurvedicpharmacists or the register of ayurvedicnurses, as the case may be.

64. (1) A registered ayurvedicpractitioner, and no other person, shall be "Vaiya-entitled to use the title " Vaidyacarya" carya"'. either before or after his name.

(2) Any person who contravenes theprovisions of subsection (1) shall be guiltyof an offence.

65. For the purposes of any written law,a registered ayurvedic practitioner shall bedeemed to be a legally or duly qualifiedpractitioner of ayurveda.

66. For the purposes of any written law,a registered ayurvedic pharmacist shall bedeemed to be a legally or duly qualifiedayurvedic pharmacist.

67. (1) Every registered ayurvedicpractitioner shall be entitled to practiseayurveda.

(2) E v e r y r e g i s t e r e d a y u r v e d i cpractitioner shall be entitled to sue for andrecover in due course of law by action in acourt of competent jurisdiction anyreasonable sum claimed by him as—

(a) fees for any services rendered oradvice given or work done in hisprofessional capacity;

(b) charges for any medicines, medicinalpreparations or appliances ormedicated articles of food or drink,supplied by him; or

(c) expenses incurred by him inconnexion with or for the purposesof the medical treatment of anypatient.

68. No person who is not a registeredayurvedic practitioner shall be entitled toinstitute or maintain an action-at-law in anycourt for the recovery of any fees, chargesor expenses of any description referred to insubsection (2) of section 67,

69. (1) A person who, not being aregistered ayurvedic practitioner,—

(a) uses the title of " registered ayurvedicpractitioner" in Sinhala or itsequivalent in any other language,either alone or in combination withany other word or letters ; or

Meaning of" legally orduly qualifiedpractitioner ofayurveda ".

Meaning of" legally orduly qualifiedayurvedicpharmacist".

Privileges ofregisteredayurvedicpractitioners.

Disabilities ofunregisteredayurvedicpractitioners.

Pretence to bea registeredayurvedicpractitioner, orpractising forgain as anayurvedicpractitionerwhen notregistered to bean offence.

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AYURVEDA [Cap. 116

Registeredayurvedicpharmacistsand registeredayurvedicnurses entitledto practise.

Pretence to bea registeredayurvedicpharmacist ora registeredayurvedicnurse to be anoffence.

(b) uses any name, title, addition ordescription implying that suchperson is a registered ayurvedicpractitioner,

shall be guilty of an offence.

(2) Any registered ayurvedic practitionerwho, not being a person whose name isincluded in the special register of ayurvedicpractitioners, uses any name, title, additionor description or otherwise does any act ofany kind, implying that his name is soincluded shall be guilty of an offence.

(3) Any person who, not being aregistered ayurvedic practitioner, practisesfor gain ayurvedic medicine or surgery shallbe guilty of an offence.

70. (1) Every registered ayurvedicpharmacist shall be entitled to practiseayurvedic pharmacy.

(2) Every registered ayurvedic nurse shallbe entitled to practise ayurvedic nursing.

71. (1) A person who, not being aregistered ayurvedic pharmacist or aregistered ayurvedic nurse,—

(a) uses the title of " registered ayurvedicpharmacist" or " registeredayurvedic nurse " , as the case maybe, in Sinhala or its equivalent inany other language, either alone orin combination with any other wordor letters; or

(b) uses any name, title, addition ordescription implying that he is aregistered ayurvedic pharmacist ora registered ayurvedic nurse, as thecase may be,

shall, unless he is entitled to do so by virtueof subsection (2), be guilty of an offence.

(2) A person who is registered undersection 10 as the proprietor of a registeredayurvedic pharmacy may, .notwithstandingthat he is not a registered ayurvedicpharmacist, use, for the purposes of thebusiness of such pharmacy, any name, title,addition or description which may be usedby a registered ayurvedic pharmacist, if—

(a) he employs a registered ayurvedicpharmacist to personallysuperintend and manage the sale ordispensing of medicines, drugs orpoisons at such pharmacy, and

(b) the name of the pharmacist soemployed has been notified inwriting to the Council.

72. Any person who, not being aregistered ayurvedic pharmacist, or aregistered ayurvedic nurse, practises for gainayurvedic pharmacy or ayurvedic nursing,as the case may be, shall be guilty of anoffence.

73. Every person whose name isincluded in any register which, by virtue ofsubsection (3) of section 51, is deemed tobe a register of ayurvedic practitionersmaintained under this Act shall be deemedto be a registered ayurvedic practitioner.

PART VIII

GENERAL

74. Notwithstanding the change ofdesignation of the Department heretoforecalled the Department of IndigenousMedicine, all persons holding office asmembers of the staff of that Department atthe appointed date or otherwise employed inthat Department at that date shall continuein office or employment in the Departmentfor Ayurveda constituted by this Act.

75. (1) Wherever, in any provision ofany other written law or of any notice,permit, communication, form or otherdocument issued, made, required orauthorized by or under any other writtenlaw, the expression " Commissioner ofIndigenous Medicine " occurs, there shall besubstituted therefor the expression" Commissioner for Ayurveda"; andaccordingly wherever in any such provisionthe abbreviation " Commissioner " is used todenote the Commissioner of IndigenousMedicine, such abbreviation shall be readand construed as a reference to. theCommissioner for Ayurveda.

Practising forgain as anayurvedicpharmacist orayurvedicnurse when notregistered to bean offence.

Certainpersonsdeemed to beregistered asayurvedicpractitionersunder this Act.

Continuationin employmentof members oftheDepartment ofIndigenousMedicine.

Amendment ofother writtenlaws, &c.,consequent onthe change ofdesignation oftheCommissionerof IndigenousMedicine, andsavings forcontracts, &c.

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Change ofname of theCollege ofIndigenousMedicine andthe Hospital ofIndigenousMedicine andconsequentialprovisions.

(2) If the designation of any office in theDepartment of Indigenous Medicine (asconstituted prior to the appointed date) isaltered—

(a) the Minister may, by Order publishedin the Gazette, declare that theprovisions of this subsection shallapply in relation to thatdesignation; and

(b) upon such declaration being made,then, wherever that designationoccurs in any provision of any otherwritten law or of any notice, permit,communication, form or otherdocument issued, made, required orauthorized by any other writtenlaw, there shall be substituted forthat designation the newdesignation assigned to thecorresponding office in theDepartment for Ayurveda.

(3) Every contract, agreement or otherinstrument or document whatsoever made,issued or executed prior to the appointeddate by or in favour of the Commissioner ofIndigenous Medicine or any officer of thatDepartment in his capacity as such, shall bedeemed on and after the appointed date tobe and to have been made, issued, orexecuted by or in favour of theCommissioner for Ayurveda or the officerholding the corresponding office in theDepartment for Ayurveda in his capacity assuch; and any reference in any suchcontract, agreement, or other instrument ordocument to any officer in the Departmentof Indigenous Medicine (as constituted priorto the appointed date) shall be read andconstrued as a reference to the officerholding the corresponding office in theDepartment for Ayurveda.

76. (1) On and after the appointed date,the College of Indigenous Medicine shall becalled and known as the College ofAyurvedic Medicine, and the Hospital ofIndigenous Medicine shall be called andknown as the Central Hospital of Ayurveda.

(2) Notwithstanding the change ofdesignation of the College heretofore calledthe College of Indigenous-Medicine, or ofthe Hospital heretofore called the Hospital

of Indigenous Medicine, all persons holdingoffice as members of the staff of thatCollege or that Hospital at the appointeddate or otherwise employed in that Collegeor that Hospital at that date shall continuein office or employment in the College ofAyurvedic Medicine or the Central Hospitalof Ayurveda, as the case may be.

(3) Wherever, in any provisions of anyother written law or of any notice, permit,communication, form or other documentissued, made, required or authorized by orunder any other written law, the expression" Principal of the College of IndigenousMedicine " occurs, there shall be substitutedtherefor the expression " Principal of theCollege of Ayurvedic Medicine", or theexpression " Medical Superintendent of theHospital of Indigenous Medicine " occurs,there shall be substituted therefor theexpression " Medical Superintendent of theCentral Hospital of. Ayurveda"; andaccordingly wherever in any such provisionthe abbreviation " Principal " or " MedicalSuperintendent" is used to denote thePrincipal of the College of IndigenousMedicine or the Medical Superintendent ofthe Hospital of Indigenous Medicine, suchabbreviation shall be read and construed asa reference to the Principal of the College ofAyurvedic Medicine or the MedicalSuperintendent of the Central Hospital ofAyurveda, as the case may be.

(4) If the designation of any office in theCollege of Indigenous Medicine or theHospital of Indigenous Medicine (asconstituted prior to the appointed date) isaltered—

(a) the Minister may, by Order publishedin the Gazette, declare that theprovisions of this subsection shallapply in relation to thatdesignation; and

(b) upon such declaration being made,then, wherever that designationoccurs in any provision of any otherwritten law or of any notice, permit,communication, form or otherdocument issued, made, required orauthorized by any other writtenlaw, there shall be substituted forthat designation the newdesignation assigned to the

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AYURVEDA [Cap. 116

AyurvedicCode.

corresponding office in the Collegeof Ayurvedic Medicine or theCentral Hospital of Ayurveda, asthe case may be.

(5) Every contract, agreement, or otherinstrument or document whatsoever made,issued, or executed prior to the appointeddate by or in favour of the Principal of theCollege of Indigenous Medicine or theMedical Superintendent of the Hospital ofIndigenous Medicine or any officer of thatCollege or that Hospital in his capacity assuch, shall be deemed on and after theappointed date to be and to have beenmade, issued, or executed by or in favour ofthe Principal of the College of AyurvedicMedicine or the Medical Superintendent ofthe Central Hospital of Ayurveda, as thecase may be, or of the officer holding thecorresponding office in that College or thatHospital in his capacity as such; and anyreference in any such contract, agreement,or other instrument or document to anyofficer of the College of IndigenousMedicine or of the Hospital of IndigenousMedicine (as constituted prior to theappointed date) shall be read and construedas a reference to the officer holding thecorresponding office in the College ofAyurvedic Medicine or the Central Hospitalof Ayurveda, as the case may be.

77. (1) Regulations may be made underthis Act prescribing an Ayurvedic Codecontaining all such provisions in respect ofall such matters as the authority empoweredto make such regulations may deemnecessary to prohibit, regulate or control themanufacture, sale, supply, distribution ordispensing of any article, substance or drugfor the purpose of Ayurvedic medicine andsurgery. Such Code may, without prejudiceto the generality of the powers hereinbeforeconferred, make provision in respect of allor any of the following matters;—

(a) the declaration of any article,substance or drug as a poison,poisonous substance or dangerousdrug, as the case may be, for thatpurpose;

(b) the introduction and operation of asystem of registration or licensingfor the purpose of effecting suchregulation or control, including the

making of applications for suchregistration or such licences, andthe grant, refusal and cancellationof such registration or suchlicences;

(c) the precautions to be taken, and theconditions to be complied with, insuch manufacture, sale, supply,distribution or dispensing;

(d) the books and records to be kept andmaintained, and the returns to befurnished, by persons engaged insuch manufacture, sale, supply,distribution or dispensing;

(e) the inspection of the premises inwhich such manufacture, sale,supply, distribution or dispensing iscarried on, and of the records andbooks kept and maintained for thatpurpose;

(f) any other matters incidental to orconnected with the mattersaforesaid.

(2) The Ayurvedic Code may, in so far asit may be necessary for the purpose ofgiving full force and effect to the provisionsof that Code, provide that any suchprovisions of the Poisons, Opium, andDangerous Drugs Ordinance or the ExciseOrdinance as are specified in that Code shallnot apply, or shall apply subject to any suchmodifications so specified, to or in relationto any class of persons or any matters sospecified:

Provided, however, that no suchprovision shall be made in that Code inrespect of the Excise Ordinance without theprior concurrence of the Minister to whomthe subject or function of the administrationof that Ordinance has been assigned by thePresident.

79. Where an offence under this Act iscommitted in or in relation to any registeredayurvedic hospital, any registered ayurvedicpharmacy, any registered ayurvedicdispensary or any registered ayurvedic store,then, without prejudice to any proceedings

78. Every person who contravenes or Contraventionfails to comply with the provisions of any of regulationsregulation shall be guilty of an offence. an offence.

Offences inrelation toregisteredayurvedichospitals,pharmacies,dispensariesand stores.

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Cap. 116] AYURVEDA

that may be taken in respect of such offenceagainst the person by whom it wascommitted, the person for the time beingregistered as the proprietor of such hospital,pharmacy, dispensary or store, as the casemay be, as well as the person for the timebeing in charge thereof shall each be guiltyof such offence unless he proves that suchoffence was committed without hisknowledge, or that he exercised all duediligence to prevent the commission of suchoffence.

80. Every person who commits anoffence under this Act shall, on convictionafter summary trial before a Magistrate, beliable to a fine not exceeding five hundredrupees.

Punishment foroffences underthis Act.

81. It shall be the duty of the Registrar-General of Births and Deaths to notify or tocause to be notified to the AyurvedicMedical Council the name of any registeredayurvedic practitioner, registered ayurvedicpharmacist or registered ayurvedic nursewhose death is registered under the Birthsand Deaths Registration Act.

Duty ofRegistrar-Genera! tonotify thedeaths ofregisteredayurvedicpractitioners,registeredayurvedicpharmacistsand registeredayurvedicnurses.

Regulations. 82. (1) The Minister may makeregulations for the purpose of carrying outand giving effect to the principles andprovisions of this Act.

[§ 3,5 of 1962,] (2) In particular and without prejudice tothe generality of the powers conferred bysubsection (1), the Minister may makeregulations for or in respect of all or any ofthe following matters :—

(a) any matter for which regulations areauthorized by this Act to be made;

[§2,6 of 1978.] (b) the holding of elections necessary forthe purpose of constituting, orfilling vacancies in the AyurvedicMedical Council or the AyurvedaEducation and Hospital Board,including the calling for depositsfrom candidates seeking electionand the forfeiture of any suchdeposit made by a candidate wherethe number of votes polled by himis less than such proportion of the

MedicalOrdinance notto apply to thepractice ofmedicine,surgery,pharmacy ornursingaccording toayurveda.

Amendment ofFood andDrugs Act.

total number of votes polled at theelection as may be set out in theregulations.

(3) No regulation made by the Ministershall have effect until it is approved byParliament and notification of suchapproval is published in the Gazette.

83. The provisions of the MedicalOrdinance shall not apply to or in relationto the practice of, or persons practising,medicine, surgery, pharmacy or nursingaccording to ayurveda.

*85. Section 64 of the Food and DrugsAct+is hereby amended, in subsection (3) ofthat section, by the substitution, inparagraph (a) of that subsection, for all thewords from " includes " to the end of thatparagraph, of the words, " includes aregistered ayurvedic practitioner within themeaning of that term in the Ayurveda Act;and"

86. Until the coming into force of theAyurvedic Code, the Poisons, Opium, andDangerous Drugs Ordinance shall haveeffect subject to the modifications specifiedin the Schedule to this Act.

Modificationof Poisons,Opium, andDangerousDrugsOrdinance.

*88. All movable and immovableproperty of the Board of IndigenousMedicine is hereby transferred to, and shallbe the property of, the State.

Transfer ofproperty ofBoard ofIndigenousMedicine tothe State.

89. In this Act, unless the context Interpretation.otherwise requires,—

" appointed date " means the 1st day ofOctober, 1962;

" approved ayurvedic teachinginstitution" means any ayurvedicteaching institution approved by theMinister for the purposes of thisAct;

"ayurveda" includes the Siddha andUnani and Desiya Chikitsa systemsof medicine and surgery and anyother system of medicineindigenous to Asian countries andrecognized as such by their

* Repealing sections 84 and 87 are omitted. Repealed by the Food Act, No. 26 of 1980, with effect from 1st February, 1981.

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AYURVEDA

respective Governments and theexpression " ayurvedic" shall beconstrued accordingly:

[ 14, Law 7 of " Ayurvedic College and Hospital Board "1977.] means the Ayurvedic College and

Hospital Board established undersubsection (1) of section 22 of thisAct, prior to the amendmentthereof by Law No. 7 of 1977 ;

" ayurvedic pharmacy " includes any placewhere ayurvedic drugs or medicinesare manufactured, prepared orcompounded;

" Board of Indigenous Medicine " meansthe Board of Indigenous Medicineestablished under the IndigenousMedicine Ordinance ;*

" College of Indigenous Medicine " meansthe College of Indigenous Medicinewhich, on the day immediatelypreceding the appointed date, wasadministered by the Board ofIndigenous Medicine;

" dispensary" means any premises(howsoever described) used orintended to be used for the outdoortreatment of persons suffering fromillness, but does not include apharmacy;

" hospital" means any premises(howsoever described) used orintended to be used for thereception, nursing and treatment ofpersons suffering from any illnessor infirmity, and includes a nursinghome or maternity home, but doesnot include a dispensary;

" Hospital of Indigenous Medicine "means the Hospital of IndigenousMedicine and the Pharmacy,Herbarium and Dispensaryattached thereto which, on the dayi m m e d i a t e l y p r e c e d i n g the

appointed date, were administeredby the Board of IndigenousMedicine;

" registered ayurvedic hospital" means ahospital registered under this Act asan ayurvedic hospital;

" registered ayurvedic nurse" means aperson registered under this Act asan ayurvedic nurse;

" registered ayurvedic pharmacy " meansa pharmacy registered under thisAct as an ayurvedic pharmacy;

" registered ayurvedic pharmacist " meansa person registered as an ayurvedicpharmacist under this Act;

" registered ayurvedic practitioner"means a person registered as anayurvedic practitioner under thisAct, and includes any person who isdeemed to be so registered undersection 73;

" register of ayurvedic nurses " means theregister maintained by the

' Ayurvedic Medical Council underthis Act for the registration ofayurvedic nurses ;

" register of ayurvedic practitioners"means the general register, or thespecial register, maintained by theAyurvedic Medical Council underthis Act for the registration ofayurvedic practitioners, andincludes any register which isdeemed to be a general register ofayurvedic practitioners or a specialregister of ayurvedic practitionersunder subsection (3) of section 51;and

" register of ayurvedic pharmacists"means the register maintained bythe Ayurvedic Medical Councilunder this Act for the registrationof ayurvedic pharmacists.

SCHEDULE

MODIFICATION OF THE POISONS, OPIUM, AND DANGEROUS DRUGS ORDINANCE

Section 2 : (1) As though the definitions of " medical practitioner ", " dentist " and " pharmacist ", wereomitted.

* Repealed by Act No. 31 of 1961.

VI/89

Cap. 116] AYURVEDA(2) As though, immediately after the definition of " container ", there were inserted the following

new definition :—'" dentist " means a person registered as a dentist under the Medical Ordinance ;'.

(3) As though, immediately after the definition of " local authority ", there were inserted thefollowing new definitions:—

"Medical practitioner" means a person registered as a medical practitioner under theMedical Ordinance, and includes a registered ayurvedic practitioner ;

" pharmacist" means a person registered as a pharmacist under the Medical Ordinance,and includes a registered ayurvedic pharmacist;

" registered ayurvedic pharmacist" means a person registered as an ayurvedic pharmacistunder the Ayurveda Act, and includes any person who, by virtue of subsection (2)of section 71 of that Act, is entitled to use, for the purposes of the business of aregistered ayurvedic pharmacy, any name, title, addition or description which maybe used by a registered ayurvedic pharmacist;

" registered ayurvedic practitioner " has the same meaning as in the Ayurveda Ad, '.

Section 10: As though in paragraph (a) of that section, there were omitted the words " a vederala, ".

Section 12: As though section 12 were repealed.

Section 13: As though in subsection (2) of that section, there were omitted the word " vederala, ".

Section 23: As though in paragraph (a) of subsection (3) of that section, there were omitted the word" vederalas,".

Section 32: As though in subsection (2) of that section, there were substituted, for the words "registeredvederalas ". the words " registered ayurvedic practitioners.".

Section 35: (1) As though in subsection (1) of that section, there were substituted, for the words "registeredvederalas.", the words " registered ayurvedic practitioners-".

(2) As though in paragraph (b) of subsection (4) of that section, there were substituted, for thewords " registered vederala ", the words " registered ayurvedic practitioner, ".

Section 36: As though in paragraph (b) of that section, there were substitutted, for the words "registeredvederala ", the words " registered ayurvedic practitioner ".

Section 42: (1) As though for the marginal note to that section, there were substituted the following newmarginal note:—

" Appointment ofboards to dealwith applicationsfor opiumcertificates. "

(2) As though subsection (1) of that section were repealed.

(3) As though subsection (2), subsection (3), subsection (4), subsection (5) and subsection (6) ofthat section were renumbered as subsection (1), subsection (2), subsection (3), subsection (4)and subsection (5).

(4) As though in renumbered subsection (2) of that section, there were substituted—

(a) for the words " registration by vederalas ", the words " opium certificates by registeredayurvedic practitioners ";

(b) for the words "direct or refuse registration", the words "grant or refuse suchapplications "; and

(c) for the word " vederala," the words " ayurvedic practitioner,".

(5) As though in renumbered subsection (3) of that section, there were substituted, for the words" registration of a vederala", the words " opium certificate of a registered ayurvedicpractitioner ".

(6) As though in renumbered subsection (5) of that section, there were substituted, for the words" vederalas registered in his district", the words " the registered ayurvedic practitioners in hisdistrict to whom opium certificates have been issued ",

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AYURVEDA [Cap. 116

Section 43: (1) As though for the marginal note to that section, there were substituted the following newmarginal note:—

" Supply of opiumto registeredayurvedicpractitioners,"

(2) As though in subsection (1) of that section, there-were substituted, for all the words from" The " to " vederala ", the following:—

"Where an application for an opium certificate by a registered ayurvedic practitioner isgranted by the Board, the Government Agent shall issue such certificate to suchpractitioner ".

(3) As though in subsection (2) of that section, there were substituted—

(a) for the words " registration of a vederala ", the words " opium certificate of a registeredayurvedic practitioner "; and

(b) for the words " the vederala ", the words " such practitioner ". .

(4) As though in paragraph (a) of subsection (3) of that section, there were substituted—

(a) for the word " vederala ", the words " ayurvedic practitioner "; and

(b) for the words " certificate of registration ", the words " opium certificate ".

(5) As though in paragraph (b) of subsection (3) of that section, there were substituted, for theword " vederala ", the words " ayurvedic practitioner ".

Section 46: As though the words " or a vederala " and the words " or vederalas " were omitted.

Section 58: As though in subsection (2) of that section, there were substituted, for the words "MedicalOrdinance, ", the following:—

"Medical Ordinance and, where the medical practitioner is a registered ayurvedicpractitioner, refer the case to the Ayurvedic Medical Council established under the AyurvedaAct and not the Ceylon Medical Council,".

Section 74: As though in paragraph (b) of that section, there were omitted the words " or as a vederala, ".

Second Schedule:

(1) As though in paragraph (3) of regulation 10, there were substituted—

(a) for the words lt consumers and vederalas ", the words " consumers, and of registered ayurvedicpractitioners to whom opium certificates have been issued, "; and

(b) for the word " vederala ", the word " practitioner ".

(2) As though in regulation 15—

(a) there were substituted in paragraph (1) of that regulation—

(i) for the word " vederalas ", the words " registered ayurvedic practitioners to whomopium certificates have been issued ", and

(ii) for the words " consumer's or vederala's certificate ", the words " consumer's certificateof registration or registered ayurvedic practitioner's opium certificate "; and

(b) there were substituted in paragraph (2) of that regulation, for the word "vederala ", wherever itoccurs therein, the words " registered ayurvedic practitioner ".

(3) As though in regulation 16, there were substituted, for the words "vederala", the words "registeredayurvedic practitioner".

(4) As though there were substituted in Part IV, for the heading " Vederalas ", the heading " RegisteredAyurvedic Practitioners ".

(5) As though in regulation 26, there were substituted, for the words " to be registered as vederalas ", thewords " for opium certificates by registered ayurvedic practitioners ".

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Cap. 116] AYURVEDA

(6) As though in regulation 27, there were substituted, for the words "Certificates of registration", thewords " Opium certificates ", and for the word " vederala", the words " registered ayurvedicpractitioner ".

(7) As though in regulation 28, there were substituted, for the word " vederalas ", the words " registeredayurvedic practitioners to whom opium certificates have been issued ".

(8) As though in regulation 29, there were substituted, for the word " vederalas ", the words " registeredayurvedic practitioners ".

(9) As though in regulation 30, there were substituted, for the word "vederala," the words "ayurvedicpractitioner to whom an opium certificate has been issued, ".

(10) As though in regulation 31, there were substituted—

(a) for the word " Regulation ", the words and figures " Paragraphs (1) to (4) of regulation ";

(b) for the word " vederalas ", the words " registered ayurvedic practitioners "; and

(c) for the words " it applies ", the words " they apply ".

(11) As though immediately after regulation 31, there were inserted the following new regulation:—.

" 32. In the case of a lost or mutilated opium certificate, the GovernmentAgent or opium officer shall issue a true copy of that certificate. The true copymust bear the same number as the original certificate. ".

(12) As though in Opium Form No. 5, there were substituted—

(a) for the word "VEDERALAS" the words "REGISTERED AYURVEDICPRACTITIONERS TO WHOM OPIUM CERTIFICATES HAVE BEENISSUED";

(b) for the words " Certificate of Registration ", the words " Opium Certificate "; and

(c) for the word " Vederala", wherever it occurs therein, the words " RegisteredAyurvedic Practitioner".

(13) As though in Opium Form No. 9,—

(a) there were substituted, for the words "TO BE REGISTERED AS AVEDERALA", the words "FOR AN OPIUM CERTIFICATE BY AREGISTERED AYURVEDIC PRACTITIONER ";

(b) there were omitted the items 6, 7 and 8; and

(c) items 9 and 10 were renumbered as items 6 and 7.

(14) As though for Opium Form No. 10, there were substituted the following:—

\" (Regulation 27) Opium Form No. 10

OPIUM CERTIFICATE OF A REGISTEREDAYURVEDIC PRACTITIONER

(Not transferable)

I certify under Chapter IV of the Poisons, Opium, and Dangerous Drugs Ordinancethat . . . . . . . . . . . . . . . . ..................., of . . . . . . . . . . . . . . . . . . . . . . . . . . who is a registered ayurvedic practitioner, isentitled to be supplied with opium of the description and quantity specified in the Schedule heretofor the period so specified and that he may obtain such opium from the opium officer so specified.

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AYURVEDA [Cap. 116

Schedule

Quantity and kind of opiumallowed for six months :—

Opium officer from whom theopium may be obtained ;—

Signature of Government Agent or Assistant Government Agent.

Date: . . . . . . . . . . . . 19 .. .".

(15) As though in Opium Form No. 11, there were substituted—

(a) for the word " VEDERALAS", the words " REGISTERED AYURVEDICPRACTITIONERS TO WHOM OPIUM CERTIFICATES HAVE BEENISSUED";

(b) for the words " Certificate of Registration ", the words " Opium Certificate ";

(c) for the word " Vederala ", the words " Registered Ayurvedic Practitioners "; and

(16) As though in Opium Form No. 20, there were omitted the words " OR VEDERALA ", and the words" or Vederala " wherever they occur in that Form.

(17) As though in Opium Form No. 21, there were substitutted, for the word "Vederala", the words" Registered Ayurvedic Practitioner ".

VI/93