Ayurveda Medical Council Act, 2045 (1988)


Published: 1988

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Ayurveda Medical council Act, 2045
1
Ayurveda Medical Council Act, 2045 (1988)
Date of Authentication
2045.7.28 (Nov. 13, 1988)
Amendment
The Ayurveda Medical Council (First Amendment) Act, 2055 2055.10.27 (Feb. 10, 1999)
Act No. 21 of the year 2045(1988)
An Act made to make provisions on Ayurveda Medical Council
Preamble: Whereas, it is expedient to establish an Ayurveda Medical Council to make
more effective the Ayurvedic medical system, to develop the method of production and
use of Ayurvedic medicines and make provisions on the registration of Ayurvedic
doctors, for maintaining the health and convenience of the general public;
Now, therefore, His Majesty King Birendra Bir Bikram Shah Dev has, on the
advice and with the consent of the Rastriya Panchayat, enacted this Act.
Chapter-One
Preliminary 1.1 Short title and commencement:
1.1.1 This Act may be called as the “Ayurveda Medical Council Act, 2045
(1988)”.
1.1.2 It shall come into force on such date as the Governm nt of Nepal may, by a
notification in the Nepal Gazette, appoint.
1.2 Definitions:
1.2.1 Unless the subject or the context otherwise requires, in this Act:-
1.2.1.1 “Council” means the Ayurveda Medical Council established
pursuant to Section 2.1.
1.2.1.2 “chairperson” means the Chairperson of the Council.
1.2.1.3 “member” means the member of the Council and this term includes
the chairperson.
1.2.1.4 “registrar” means the Registrar of the Council appointed pursuant to
Section 3.1.

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1.2.1.5 “register” means the register maintained for the registration of the
names of doctors.
1.2.1.6 “doctor” means a person who has obtained the minimum
qualifications----- in Ayurveda Science as mentioned in Section 4.5
and is involved in the profession related thereto.
1.2.1.7 “registered doctor” means a doctor whose name is registered in the
register pursuant to Section 4.5.
1.2.1.8 Ayurvedic medicine” means a medicine prepard by the Ayurvedic
method.
1.2.1.9 “Rules” means the Rules framed under this Act.
1.2.1.10 “prescribed” or “as prescribed” means prescribed or as prescribed in
the Rules or bye-laws framed under this Act.

Chapter-2
Establishment and Provisions of Council
2.1 Establishment of Council:
An Ayurveda Medical Council is, hereby, established for the operation of the
Ayurveda medical system, development of the method of production and use of
Ayurvedic medicines and registration of the names of doctors.
2.2 Council to be corporate body:
2.2.1 The Council shall be an autonomous body corporate with perpetual
succession.
2.2.2 The Council shall have a separate seal of itswn for all of its activities.
2.2.3 The Council may, as an individual, acquire, use, sell and dispose of, or
otherwise manage, any movable and immovable property.
2.2.4 The Council may, like an individual, sue by its name and be also sued by
the same name.
2.3 Formation of Council: Deleted by the First Amendment.

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2.3.1 The Council established pursuant to Section 2.1 shall consist of the
members as follows:
2.3.1.1 Doctor nominated by the Government of
Nepal -Chairperson
2.3.1.2 Three doctors nominated by the
Government of Nepal from amongst
doctors -Member
2.3.1.3 Director, Department of Ayurveda -Member
2.3.1.4 Three doctors elected by the registered
doctors from amongst themselves -Member
2.3.1.5 One Campus chief nominated by the
Government of Nepal from amongst the
Campus chief of Ayurveda Campus -Member
2.3.2 The Government of Nepal may, if it considers necessary, make alteration in
the members of the members of the Council, in consultation with the
Council, and by a notification published in the Nepal Gazette.
2.3.2A.⊗ In making a nomination of members pursuant to Sub-Section 2.3.1.2,
nomination shall be made from amongst the doctors having acquired
qualifications as referred to in Sub-Sections 4.2.1.1, 4.2.1.2 and 4.2.1.3.
2.3.2B.⊗ Pending the election to the members as referred to in Sub-Section
2.3.1.4, the Government of Nepal shall nominate thre members from
amongst the doctors.
2.3.2C.⊗ In making nomination from amongst the Campus chiefs pursuant to Sub-
Section 2.3.1.5, nomination shall be made from amongst the registered
doctors.
⊗ Inserted by the First Amendment. ⊗ Inserted by the First Amendment.

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2.3.3 If the Council considers necessary, it may invite any officer of the
Government of Nepal or any other expert to attend, as an invitee, the
meeting of the Council.
2.3.4 The term of office of the members of the Council shall be four years. The
member whose term of office has expired may be eligible to be re-
nominated or elected.
2.3.5 If the office of any member falls vacant prior t the expiration of the term
of office, such vacancy may be filled by nomination r election for the
remainder of term.
2.3.6 ----
2.4 Functions, duties and powers of Council:
2.4.1 The functions, duties and powers of the Council shall be as follows:
2.4.1.1 To make necessary arrangements for smoothly perating the Ayurveda
medical treatment by strengthening the provisions of medical treatment
of diseases from the Ayurveda medical science.
2.4.1.2 To make necessary arrangements for developing the system of uses of
Ayurvedic medicines.
2.4.1.3 To determine the qualifications of doctors and to provide for the
registration of the names of doctors having required qualifications.
2.4.1.4 To give advice to the Government of Nepal on the production, sale and
distribution of Ayurvedic medicines.
2.4.1.5 To give suggestions to the Government of Nepal for making necessary
arrangements on research of Ayurveda.
2.4.1.6 To give suggestion to the concerned body on the standards of Ayurveda
education.
2.4.1.7 To give recognition, as prescribed, to any educational institutions
established within Nepal with objectives of imparting teaching and
Deleted by the First Amendment.

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learning on Ayurveda related subjects and other institutions established
with similar objectives.
2.4.1.8 To determine the curriculum, terms of admission and policies on
examination system and other essential infrastructues of educational
institutions established within Nepal with objectives of imparting
teaching and learning on Ayurveda related subjects and other
institutions established with similar objectives and evaluate and review
the related matters.
2.4.1.9 To give recognition, as prescribed, to the educational qualifications and
degrees granted on the subjects of Ayurveda, modern m dicine, surgery
and auxiliary medical science.
2.4.1.10 To determine such policies as may be requid to smoothly operate the
business of Ayurveda medical treatment.
2.4.1.11 To prepare a code of conduct of doctors, as prescribed, and delete the
name of a doctor who fails to observe the code of conduct from the
register by taking action against him/her, as prescribed.
2.5 Disqualifications for member:
2.5.1 Any of the following persons shall not be eligible to be nominated or
elected to or hold the office of member of the Council:
2.5.1.1 Whose name has been deleted from the register;
2.5.1.2 Who is not a citizen of Nepal;
2.5.1.3 Who has become insolvent;
2.5.1.4 Who has been convicted by a court on a criminal offense involving
moral turpitude and served punishment; or
2.5.1.5 Who is of unsound mind.
2.6 Cessation of membership:
2.6.1 The membership of the Council shall cease to exist in the following
circumstances:
2.6.1.1 If the member becomes disqualified under Section 2.5;

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2.6.1.2 If resignation tendered from the office of a member is accepted;
2.6.1.3 If the member dies; or
2.6.1.4 If the member, without giving a prior notice along with reasons to
the Council absents himself/herself from three consecutive meetings
of the Council.
2.7 Meeting and Decision of Council:
2.7.1 The Council shall meet as prescribed by the chairperson.
2.7.2 The Council shall normally hold its meeting four times a year; and the
chairperson may, if he/she considers necessary, call meetings more times.
2.7.3 The meeting of the Council shall be presided over by the chairperson; and
in the absence of the chairperson, it shall be presided over by the person
selected by the members present at the meeting from amongst themselves.
2.7.4 The presence of fifty percent members of the total number of members of
the Council shall be deemed to constitute a quorum for a meeting of the
Council.
2.7.5 A majority opinion shall prevail at the meeting of the Council. In the event
of a tie, the person presiding over the meeting may exercise the casting
vote.
2.7.6 The decisions of the Council shall be authenticated by the registrar.
2.7.7 The allowances and other facilities receivable by the members for attending
the meeting shall be as prescribed.
2.7.8 Other procedures relating to the meeting of the Council shall be as
determined by the Council itself.

2.8 Delegation of powers:
The Council may, as per necessity, delegate any or all f the powers conferred on
it pursuant to this Act to the chairperson, any memb r or any committee or sub-
committee of the Council, as prescribed.
2.9 Acts not to be invalid:

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If it is subsequently found out that any provision u der this Act has not been
observed in respect of the appointment of any member, any act done by such
member prior to such disclosure shall not be invalid merely because of this matter.
Chapter-3
Provisions relating to Employees
3.1 Registrar:
3.1.1 The Government of Nepal may appoint a person as the registrar to carry out
the administrative activities of the Council.
3.1.2 The registrar shall act as the secretary of the Council.
3.1.3 The terms and conditions of service and facilities of the registrar shall be as
prescribed.
3.1.4 The Government of Nepal may designate any other employee of officer
level to perform the functions of the registrar in the event of his/her
absence.
3.2 Functions, duties and powers of registrar:
3.2.1 The functions, duties and powers of the registrar hall be as follows:
3.2.1.1 To submit to the inquiry committee formed pursuant to Sub-Section 4.4.1
the applications made for the registration of name.
3.2.1.2 To enter the names of such doctors in the register as required to be
registered pursuant to the decisions made by the Council from time to time,
subject to this Act and the Rules, setting out their names, addresses and
qualifications, and issue registration certificates.
3.2.1.3 In the event of the death of any registered doctor or of a doctor whose
name is to be deleted from the register as per the decision of the Council
pursuant to this Act and Rules, to delete his/her name from the register.
3.2.1.4 In the event of receipt of a notice that a registered doctor has given up the
business or changed his/her address, as per Section 4.6 to record the same
in the register.

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3.2.2 The other functions, duties and powers of the registrar shall be as
prescribed.
3.3 Employees of Council:
3.3.1 The Council may appoint required employees.
3.3.2 The employees appointed pursuant to Sub-Section 3.3.1 shall be under
supervision and control of the registrar.
3.3.3 The terms and conditions of service and facilities of the employees of the
Council shall be as prescribed.

Chapter-4
Provisions relating to Registration of Names of Doctors
4.1 Application for registration of name in register:
4.1.1 A doctor who intends to carry on the Ayurveda medical profession has to
make an application, in the prescribed format, to the Council in order to get
his/her name registered in the register subject to this Act and Rules.
4.1.2 The doctor who has made an application pursuant to Sub-Section 4.1.1
shall pay the fees, as prescribed, for having regist red his/her name in the
register.
4.1.3 A person who is carrying on the Ayurveda medical profession at the time of
commencement of this Act has to make an application under Sub-Section
4.1.1 for the registration of his/her name in the register within six months
after the date of commencement of this Act.

4.2 Qualification of doctor:
4.2.1 For purposes of registering the names of doctors pursuant to this Act, the
following qualification has been prescribed:
4.2.1.1 Having passed Ayurvedacharya or Vaidhyaratn or bachelor in
Ayurveda or equivalent thereto from a recognized educational
institute.

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4.2.1.2 Having done master’s degree in Ayurveda science after having
bachelor degree in any other system of medical science.
4.2.1.3 Having done bachelor degree in Ayurveda and mo ern medicine
and surgery from a recognized educational institute.
4.3 Evidence, details and information to be attached with application:
4.3.1 A person who submits an application pursuant to Section 4.1 for the
registration of his/her name has to attach the following evidence, details
and information with the application:
4.3.1.1 Certificate or recommendation letter relating to his/her qualification,
4.3.1.2 Where one has get his/her name registered in the register of any
Auyrveda medical council or institution equivalent thereto situated
abroad, details setting out the qualification or degre registered in
that register, as well as the registration number.
4.3.1.3 A letter of covenant undertaking to function subject to this Act and
the Rules.
4.4 Examination of application:
4.4.1 The Council may form an inquiry committee to submit a report after
inquiring into the applications made pursuant to Section 4.1.
4.4.2 The inquiry committee shall inquire whether the applicant is a qualified
doctor and the application is in accordance with law and shall submit its
report to the Council within fifteen days.
4.4.3 Upon considering the report of the inquiry committee as referred to in Sub-
Section 4.4.2, the Council may decide as follows:
4.4.3.1 To make a decision to register in the regist r the name of a qualified
doctor who has duly made an application and give an order to the
registrar to register the same,
4.4.3.2 To make decision not to register the name of a person who does not
make application duly and give order to the registrar to give

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information, along with the reasons for not registering the name, to
the applicant,
4.4.4.3 Where a doctor whose name has not been registered in the register
pursuant to Sub-Section 4.4.3.2 makes an application again in a
due manner, his/her name shall not be refused to be registered in
the register merely because his/her name was not registered
previously.
4.5 Certificate of registration:
If the Council decides to register the name of an applicant doctor pursuant to Sub-
Section 4.4.3.1 and gives order to the registrar, the register shall register the name
of such doctor in the register and issue the certifica e of registration, ------- as
prescribed.
4.6 Requirement to give notice where profession is given up or address changed:
Where any registered doctor gives up his/her profession or changes his/her
address, such doctor has to give a notice thereof, as prescribed, to the registrar
within one month after such giving up or change.
4.7 Deletion of name from register and re-registration:
4.7.1 In the following circumstances, the Council may order to delete the name
of a registered doctor from the register:
4.7.1.1 where he/she has been punished by a court in a criminal offense
involving moral turpitude, or
4.7.1.2 where two-thirds majority of the Council adopts a resolution that
he/she has not observed the code of conduct prescrib d in respect of
profession, or
4.7.1.3 where he/she has become insane.
4.7.2 Where a doctor whose name has been deleted from the register pursuant to
Sub-Section 4.7.1, showing a reasonable cause, makes an application for re-
registration of his/her name, and the Council deems it reasonable for the re- Deleted by the First Amendment.

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registration of his/her name, the Council may give an order to the registrar
to register his/her name.
4.7.3 In cases where an order is given pursuant to Sub-Section 4.7.2, the registrar
shall re-register the name of such doctor in the regist r and issue the
certificate, by collecting the fees as prescribed.
4.8 Revocation of certificate:
Where the Council gets information that the name of any person has been entered
in the register by fraud or mistake and this matter is held to be true following
inquiry into the matter, the Council may seize and revoke the certificate of
registration of such person.
Chapter-5
Ayurveda Medical Profession

.1 Prohibition on carrying on profession by non-registered doctor:
5.1.1 After the commencement of this Act, no person other than a registered
doctor shall carry on the Ayurveda medical profession directly or
indirectly.
5.1.1A⊗ Notwithstanding anything contained in Sub-Section 5.1.1, any person
who has not possessed the minimum quantification requi d for getting
registered in the Council but has obtained Ayurvedasastri in the Ayurveda
science or Vaidhyabhusan, certificate or equivalent degree in Ayurveda,
assistant Ayurveda worker or equivalent degree and intends to carry on
the medical profession independently or any technicia belonging to the
Ayurveda group in the service of the Government of Nepal may carry on
the Ayurveda medical profession after having registred in the register of
the sub-committee formed by the Council.
Amended by the First Amendment. ⊗ Inserted by the First Amendment.

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5.1.1B.⊗ In the case of a person who is Fifty years of age, nd having obtained
recommendation from the concerned District Office with the certification
of experiences being involved in the Ayurveda medical science since
three generation, such person may carry on Ayurveda medical profession
by obtaining permission under separate provisions as specified by the
Council within one year from the date of commencement of this Act.
5.1.2 Notwithstanding anything contained in subsection 5.1.1, the profession of
the production, sale and distribution of the prescribed Ayurvedic medicines
shall be as prescribed.
5.2 Power to issue certificate and prescription:
5.2.1 The registered doctor shall have the powers to certify the following matters
and issue certificate:
5.2.1.1 To endorse the birth and death certificates.
5.2.1.2 To sign the certificates relating to Ayurveda medical treatment or
physical or mental qualification.
5.2.2 The provisions on giving prescription of the prescribed Ayurvedic
medicines shall be as prescribed.
Chapter-6
Production and sale and distribution of Ayurvedic medicines
6.1 Approval to be obtained to produce Ayurvedic medicines:
6.1.1 Prior-approval of the Department of Ayurveda Service shall be obtained to
produce such kinds of specific Ayurvedic medicines as may be prescribed
by the Government of Nepal by a notification in the N pal Gazette, in
consultation with the Council.
Amended by the First Amendment. Amended by the First Amendment.

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6.1.2 A person who intends to produce the Ayurvedic medicines as prescribed
pursuant to Sub-Section 6.1.1 shall submit an application as prescribed to
the Department of Ayurveda Service for approval.
6.1.3 Upon making necessary inquiry into the application received pursuant to
Sub-Section 6.1.2, if the Department of Ayurved Servic considers
necessary, it may, in consultation with the Council, grant approval for the
production of Ayurvedic medicines under the supervision and control of a
registered doctor if the applicant is not a registered doctor.
6.1.4 Other provisions relating to the production of Ayurvedic medicines shall be
as prescribed.
6.2 Restriction on sale of Ayurvedic medicines without prescription:
No such specific Ayurvedic medicines as may be prescribed by the Government of
Nepal by a notification in the Nepal Gazette, in consultation with the Council shall
be sold without prescription of a registered doctor.
Chapter-7
Fund and Audit
7.1 Fund of Council:
7.1.1 The following amounts shall be credited to the fund of the Council:
7.1.1.1 The amounts received from the Government of Nepal,
7.1.1.2 The amounts received upon registration of the name of a doctor.
7.1.1.3 The amounts received from other sources.
7.1.2 The operation of the fund of the Council shall be as prescribed.
7.2 Accounts and Audit:
7.2.1 The accounts of incomes and expenditures of the fund shall be maintained
as prescribed.
7.2.2 The accounts of the fund shall be audited as prescribed.
7.2.3 The Government of Nepal may, if it so desires, examine or cause to be
examined the documents on accounts of the fund at any ime.
Chapter-8

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Recognition of educational quantifications
8.1 Recognition by Council:
8.1.1 The Council shall recognize, as prescribed, the certifi ates of educational
qualifications or other degrees relating to the Ayurveda profession for the
purposes of the registration of name with the Council.
8.1.2 The certificates of educational qualifications and degrees recognized
pursuant to Sub-Section 8.1.1 shall be published in the Nepal Gazette.
8.1A.⊗ Details may be demanded:
The Council may, from time to time, demand details from any educational institute
which grants the certificates of educational qualifications and degrees recognized
pursuant to Sub-Section 8.1.1 of Section 8.1 for the purpose of evaluation of the
curriculum and the terms of admission fixed by such institute for such certificates
or other degrees, and it shall be the duty of such institute to make available such
details.

8.1B. ⊗ Inspection of examination:
The Council may appoint and depute inspectors for the inspection of examination
to be given by the concerned educational institute for the certificates of
educational qualifications or other degrees recognized pursuant to Sub-Section
8.1.1 of Section 8.1. The inspectors so appointed shall submit a report to the
Council, setting out such details on the examinatio inspected by them as may be
prescribed by the Council.
Provided that, the inspector shall not make any kid of intervention with
such examination.
8.1C. Removal of recognition:
Amended by the First Amendment. ⊗ Inserted by the First Amendment. ⊗ Inserted by the First Amendment.

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8.1C.1 If, in examining the details received pursuant to Section 8.1A. and the
report submitted pursuant to Section 8.1B., the Council considers that the
curriculum, terms of admission and examination system determined by
the concerned educational institute for the certificates of educational
qualifications or degrees recognized pursuant to Sub- ection 8.1.1 of
Section 8.1 are not appropriate and adequate, the Council shall submit its
report thereon to the Government of Nepal.
8.1C.2 On receipt of the report of the Council pursuant to Sub-Section 8.1C.1 the
Government of Nepal may, if deems necessary, seek explanation of the
concerned educational institute; and upon considering the explanation, if
any, received, the Government of Nepal may, on holding necessary if so
required, remove the recognition to the certificates of educational
quantifications or other degrees relating to Ayurveda granted by such
educational institute after certain date, by publishing a notification in the
Nepal Gazette.

Chapter-9
Miscellaneous
9.1 Saving of act done in good faith:
The Council or the registrar shall not be liable in respect of an act done in good
faith, subject to this Act or Rules.
9.2 Dissolution of Council:
9.2.1 If the Government of Nepal thinks that the Council has failed to exercise
the powers conferred to it pursuant to this Act andthe Rules or has abused
powers or used excessive powers or failed to perform its duties required to
be performed pursuant to this Act and Rules, it maydissolve the Council.
9.2.2 After the dissolution of the Council pursuant to Sub-Section 9.2.1, and
pending the formation of another Council, the Government of Nepal may
itself perform all such powers as required to be performed by the Council

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pursuant to this Act and the Rules or cause to be exercised such functions
by a committee formed by it.
9.2.3 After the dissolution of the Council pursuant to Sub-Section 9.2.1, the
Government of Nepal shall take custody of the funds and assets of the
Council and hand over the same to another council after that other council
is formed.
9.2.4 The Government of Nepal shall form a new Council pursuant to Section 2.3
generally within three months after the dissolution of the Council pursuant
to Sub-Section 9.2.1.
9.3 Punishment:
9.3.1 A person who carries on the Ayurveda medical profession in contravention
of Section 5.1 shall be punished with a fine not exceeding Three Thousand
Rupees or with imprisonment for a term not exceeding Six months or with
both.
9.3.2 A registered doctor who misuses powers as referred to in Section 5.2 shall
be punished with a fine not exceeding Two Thousand Rupees or with
imprisonment for a term not exceeding Two months or with both.
9.3.3 A person who produces any Ayurvedic medicines without obtaining
approval of the Department of Ayurveda Service pursuant to Section 6.1
shall be punished with a fine not exceeding Three Thousand Rupees or with
imprisonment for a term not exceeding Six months or with both.
9.3.4 A person who sells and distributes Ayurvedic medicines in contravention of
Section 6.2 shall be punished with a fine not exceeding Five Hundred
Rupees or with imprisonment for a term not exceeding Fifteen days or with
both.
9.3.5 A person who commits any act in violation of this Act or the Rules, other
than the offense mentioned in this Section, shall be punished with a fine not
exceeding Two Thousand Rupees.

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9.3A.⊗ Authority to investigate and file case: The authority or body to investigate and
file cases on the offenses referred to in Sections 5.1 and 5.2 and the procedures
pertaining thereto shall be as specified by the Government of Nepal by a
notification in the Nepal Gazette.
9.4 The Council may frame necessary Rules in order to carry out the objectives of this
Act; and the Rules so framed shall come into force only after being approved by
the Government of Nepal.
9.5 Powers to frame bye-laws:
Subject to this Act and the Rules, the Council may, with the approval of the
Government of Nepal, frame Bye-laws for the operation of its day-to-day
functions.

⊗ Inserted by the First Amendment. Amended by the First Amendment.