It is an admitted fact that the 1951 Act has not been repealed by the 1970 Central Act nor is it the submission of any counsel appearing for respective parties that the provisions of the 1951 Act, in regard to conferment of GAMS degree, are repugnant to the provisions of the 1970 Act. 34. 463 of 2000 and the appellant in Civil Appeal No. Thus, the Faculty established by the Council under the 1951 Act has been authorised to recognise the educational institutions or instructional institutions of ayurvedic and Unani systems of medicine and affiliate them to the Faculty. Candidates have to pay the fee online using a debit card, credit card, net banking or offline through E Challan. Under Section 13-B, any medical qualification granted by the colleges established without the prior permission of the Central Government is not a recognised medical qualification. Q. About Salfia Unani Medical College. State Health Society Bihar has released SHS Bihar Recruitment 2020 Notification to recruit the candidates for 1500 Community Health Officer (CHO) vacancies. 57. The Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951 received the assent of the President on 12-9-1951 and the assent was first published in the Bihar Gazette, Extraordinary, dated 17-10-1951. Section 2(ea) of the 1970 Act defines “medical college” to mean a college of Indian medicine where a person undergoes a course of study or training which will qualify him for the award of a recognised medical qualification. 7253 of 1998 and held that the Faculty has been created under the 1951 Act, much prior to the promulgation of the 1982 Act, the powers under the 1951 Act of granting GAMS degree by the Faculty is also recognised under the 1970 Central Act as per the Second Schedule thereof. v. Mac Laboratories (P) Ltd. The manner in which the affiliation is to be given is provided in Chapter II of the 1959 Regulations whereunder an application for affiliation of an institution shall be made to the Registrar, State Council of Ayurvedic and Unani Medicines, Bihar. Although the colleges were opened in the year 1992 without the authority or the permission of the State Government as required under the Act, no steps have been taken by the State of Bihar, and the students admitted in the two institutions which were affiliated with the Faculty were conferred with the GAMS degree. The term “drug” as defined in the Act includes a wide variety of substance, diagnostic, and medical devices. The officials have invited the application forms from 24th December 2019 up to 10th January 2020 at http://statehealthsocietybihar.org/. The 1951 Act although provides for the inspection of the institutions which have to be affiliated to the Faculty, does not lay down that the conditions laid down by CCIM are to be followed and adhered to. The Act also provides provision for seizure of the accounts by the State Government of an institution contravening the provisions of the Ordinance or the Act. As per Section 11, if the application moved for permission to start medical course of study of indigenous system of medicine either under Section 3 or Section 9 is refused as the institution or college is not found eligible or does not qualify for permission, it is incumbent on the organiser of such institution to close it down within a period of three months of refusal of permission. For the reasons aforesaid, the appeals are allowed. The Second Schedule in the 1970 Act itself recognises the GAMS degree given by the State Faculty of Ayurvedic and Unani Medicines, Patna, Bihar from 1953 onwards and thus it cannot be said that the course prescribed by the Faculty for conferment of a degree of GAMS is derecognised under the 1970 Act. The 1951 Act having not been repealed by the 1970 Act, or till the Second Schedule is not amended derecognising the degree of GAMS, the degree of GAMS given by the State Faculty will remain intact. 250/-, For General/UR candidates: 21 – 42 years (as on 01/01/2020), 05 years for SC/ ST (Male and Female) candidates, 03 years for OBC/BC/MBC (Male and Female)/UR and EWS (F) candidates. Under Section 17 of this Act, provisions of the 1981 Ordinance or the 1982 Act. v. Mac Laboratories (P) Ltd. 1986 1 SCC 465 (AIR at p. 166, para 66), it was held that: (SCC p. 508, para 66), 55. Under the 1970 Act, CCIM is competent to prescribe the minimum standard of education including curriculum and syllabi as well as other requirements like hospital, library, students' hostel, staff for college, staff for hospital, library, herbal garden, requirements of various departments of colleges, etc. The Faculty while exercising its powers has to abide by the conditions laid down in the Rules and Regulations. The said Board is governed by the Himachal Pradesh Ayurvedic and Unani Practitioners Act, 1968. It was held that when the petitioners who obtained GAMS degrees had studied in the educational institutions which have not followed course prescribed by CCIM, the statutory Central authority, and further when such institutions have been run in total contravention and violation of the 1982 Act, they are not entitled to for issuance of any writ from the Court. Sub-sections (2), (3), (4), (5), (6), (7), (8) and (9) of Section 13-A, Central Council (Amendment) Act, 2003, particularly Sections 13-A, 13-B and 13-C, Central Council (Amendment) Act, 2003 (for short the Amending Act). The Court approved the decision of the learned Single Judge whereby he had come to the conclusion that the 1982 Act has been enacted to regulate the indiscriminate opening of indigenous medical institutions in the State by persons of bodies registered under the Societies Registration Act, 1960 and had in fact commercialised the system of education in indigenous medicine; therefore, the institutions which are not recognised by the State under the 1982 Act could not impart the study in Ayurvedic medicine. Further, in State v. Sat Ram Dass AIR 1959 Punj 497, the Punjab High Court held that: (AIR p. 498, para 4). Under Section 54, the Council is authorised to make regulations subject to the provisions of the Act and the rules made by the State Government. 16. of Bihar or Get 2 points on providing a valid reason for the above The relevant Sections are enumerated herewith; Maharashtra Medical Council Act, 1965 . The complete process to apply online is given below. Clauses (a) to (n) of Section 3(1).14. Sub-sections (2), (3), (4), (5), (6), (7), (8) and (9) of Section 13-A lay down the manner in which the Central Government is to be approached for establishment of a new medical college or for opening of a new higher course of study or increasing admission capacity and how it would be dealt with. However, as per sub-section (2) of Section 13-C, if any person or medical college fails to seek permission within three years of commencement of the Act, qualification granted to any student of such medical institution shall not be a recognised medical qualification and it shall be deemed that permission to open or start a new course or increase strength of students was refused by the Central Government. The counsel further submits that after the introduction of the 1982 Act the power of the Faculty to grant affiliation is circumscribed by the requirement of the State Government's permission to open the college imparting education in ayurvedic and Unani systems of medicine. The phrase “on or before” has made it clear that the existing colleges are also required to seek permission and there is no exemption. Its main function is to register Ayurvedic and Unani practitioners in the state of Himachal Pradesh and regulate the practice in such systems. The act defines “cosmetic” as any product that is meant to be applied to the human body for the purpose of beautifying or cleansing.In 1964, the act was amended to include Ayurveda, Siddha, and Unani (ASU) drugs.. Ayurvedic, Siddha and Unani drugs include all medicines … By virtue of Clause (d) of Sub-section (2) of Section 17, the Faculty is to recognise educational or instructional institutions of the ayurvedic and Unani systems of medicine for purposes of affiliation. Suchana ka Adhikar Aavedan patr. If any college or the educational institution running the college continues the educational facility, imparting education in indigenous system of medicine leading to the degree, diploma, etc., as included in the Act of 1982 without permission, would run the risk to their students of not being conferred with a recognised degree and penalties provided under the 1982 Act. 4646 of 2003) are before us by special leave. 18. It was the case of the petitioners that they had passed the GAMS Examination conducted by the Faculty under the 1951 Act and were conferred GAMS degree by the Faculty and, thus, they were qualified to appear in the examination for obtaining the degree of Doctor of Medicine in Ayurved. of 2008. CWJC No. 3. 20. 6. 7. Case: Ayurvedic Enlisted Doctor's Asson. Under Clause (d) of sub-section (2) of Section 17, provisions of Section 13-A. 4646 of 2003. The provisions of Sections 13-A, 13-B and 13-C of the 1970 Act as introduced by the amending Act of 2003, if given retrospective operation, the medical qualification acquired from the study in the medical colleges which have been opened prior to the commencement of the amending Act of 2003 and conferred medical qualification on the students who studied in such medical colleges, the degrees so conferred in the absence of the permission of the Central Government would be non est though there is no fault on the part of the students who have studied in the institutions which are recognised and affiliated to the Faculty under the 1951 Act. 46. 58. state council of ayurvedic & unani medicine bihar: to the pio o/o the registrar state council of ayurvedic & unani medicine, k-52, hanuman nagar, po. It is then contended by the learned counsel for the State that after the coming into force of the Indian Medicine Central Council (Amendment) Act, 2003 (for short “the Amending Act”) on 7-11-2003, if any medical college established on or before the commencement of the amending Act does not seek permission of the Central Government within the period of three years from the said commencement, the medical qualification granted to any student of such medical college shall not be deemed to be a recognised medical qualification for the purposes of the 1970 Act. Medical colleges opened on or before the coming into force of the amending Act of 2003 are necessarily required to take permission within three years to save the recognised medical qualification of the students. 60. Now you can file RTI Online. Homeopathic Medical Officer & Ayush Physician (Homeopathic) Section 22 deals with persons entitled to be registered. The Second Schedule prescribes the institutions/colleges and the medical qualifications which are recognised under the Act for the different States. The 1951 State Act with its Rules and Regulations, provisions of Sections 13-A, 13-B and 13-C of the 1970 Act, section. The reasonable reading of Section 13-C(1) puts the existing colleges on a par with the new colleges as both of them are required to seek permission within three years from the commencement of the amending Act. It is submitted that the two colleges from where the appellant students were educated having not sought permission from the Central Government under the 1970 Act, the GAMS degree conferred on them shall not be a recognised medical qualification for the purposes of the 1970 Act, as a result whereof they are not eligible for admission to higher course of study or for employment on the basis of the GAMS degree conferred on them which is not a recognised medical qualification. 38. 50. xxx xxx xxx Under the 1970 Act, the State Faculty established under the Bihar State Council of Ayurvedic and Unani Medicines (appellant in LPA No. 4644-45 of 2003, Civil Appeal No. Similar requirement is to be fulfilled by the new medical colleges opened i.e to seek permission of the Central Government for the medical qualification to be recognised qualification. The Act arms the State Government with various powers including the penal powers. A. Such officer may be empowered to close down the institution and to lock and seal it. Section 13-A nowhere provides that the students who have studied in the medical college would be eligible to seek permission of the Central Government under that section. provisions of the 1981 Ordinance or the 1982 Act. 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Preamble to the Ordinance reads as under: 30. 1337 of 2007 With Civil Appeal Nos. Section 7 postulates that to all private medical colleges and medical institutions in indigenous system of medicine, preparing or intending to prepare students for study in indigenous system of medicine leading to degree, diploma, etc. The question, however, is whether with the introduction of the Bihar Indigenous Medical Educational Institution (Regulation and Control) Act, 1982††, the students who have studied in the colleges which were not recognised under the said 1982 Act could be conferred with GAMS degree by the Faculty, and if such degrees are conferred what shall be the fate of the degrees conferred on such students? 43. 8. Power of the State Government to enforce the provisions of the Chapter. 14. The established colleges are also required to seek permission of the Central Government for the medical qualification to be recognised medical qualification but it would not mean that the already conferred medical qualification of the students studied in such previously established medical colleges would not be a recognised medical qualification under the 1970 Act. Section 13-C(2) further provides that the medical qualification granted by existing colleges whose establishment has not been recognised by the Central Government, the medical qualification would not be a recognised qualification. 2. Citation. I beg to submit that I want to get my name registered in the list of registered practitioners under the Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951. In the state agriculture universities, seven members each will be nominated, while two members will be nominated to the homoeopathic board and three to the council for Ayurvedic and Unani medicine. American Home Products Corpn. The 1951 State Act with its Rules and Regulations is a complete code for recognising and granting affiliation to indigenous medical institutions by the Faculty, provide the course of study in the institutions and regulate the functioning of the institutions affiliated to the Faculty. Section 14 falling in Chapter III of the 1970 Central Act provides for recognition of the medical qualifications granted by any university, board or other medical institution in India which are included in the Second Schedule. subject to the rules as may be prescribed by the State Government in this behalf. Bihar State Council Of Ayurvedic And Unani Medicine V. State Of Bihar & Ors Author: Manjit Jalla Read related entries on Administrative Law, Civil Law Procedures, Comercial Law, S, State Law, 2007, Licences Sentences, Liquor Sentences, Long Read, Prices Sentences, Sovereign Sentences, ST The 1951 State Act is consistent with the 1970 Central Act in regard to granting of the GAMS degree, as the degree granted under the 1951 State Act is still recognised under the 1970 Central Act. State Health Society Bihar has released SHS Bihar Recruitment 2020 Notification to recruit the candidates for 1050 Community Health Officer (CHO) vacancies. Section 15 gives authority to the State Government to seize the accounts of an institution contravening the provisions of the Act. & Wvg. The writ petitioners reasserted their submissions before the Division Bench that they had completed the course of GAMS degree and passed examination conducted by the Faculty under the 1951 Act. 451 of 2000 by only one petitioner, namely, Dr. Sudhir Kumar Singh and other petitioners were impleaded in the case as the respondents. 40. Bihar State Council of Ayurvedic and Unani Medicine Vs. State of Bihar & Ors [2007] Insc 1104 (1 November 2007) B.N. lohia nagar, patna-800020 (bihar) apply now: superintendent of police patna: to the dsp & pio o/o superintendent of police patna bihar pin code – 800001 apply now Degree conferred by a university and degree conferred by a faculty are different for which separate courses have been prescribed. (in Civil Appeals Nos. We have examined the provisions of the 1982 act. The Second Schedule of the 1970 Act grants authority to the Faculty to grant GAMS degree. Sections 13-A, 13-B and 13-C, Central Council Act, 1970 (the Central Act). Under Section 17 of this Act, the Council shall establish a State faculty of ayurvedic and Unani medicines for the purposes of the Act which shall consist of a Chairman and the members enumerated in Clauses (a) to (d) of Section 17(1). Also the Bihar State Council of Ayurvedic and Unani Medicine aggrieved by the judgment in CWJC No. The Faculty is also authorised to conduct examinations and confer degree of GAMS. For the State of Bihar, Item 6 of the Second Schedule reads as under: 22. 9. The Faculty comes under the definition of “medical institution” under Section 2(f) of the 1970 Central Act and GAMS degree awarded by the Faculty is a recognised medical qualification under Section 14 of the 1970 Central Act. 25. We do not find any provision in the 1982 Act which takes away the degree already granted to the students conferred by the Faculty, recognised under the 1951 Act, and is being accepted to be a recognised degree under the 1970 Act. Bachelor in Ayurvedic Medicine and Surgery (BAMS)/ Bachelor in unani Medicine and Surgery (BUMS)/ Bachelor in Homeopathic Medicine and Surgery (BHMS) from recognized university/ Institution and candidate should have Permanent registration in State council of Ayurvedic and Unani Medicine, Bihar, Patna and for Homeopathic doctors. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. 09/2019 and 10/2019 (6-Months CCH for GNM/B.Sc Nursing and AYUSH (Ayurveda/Homeopath/Unani) under NHM  “, Go through the details provided in the official State Health Society Bihar CHO Recruitment 2020 notification, Ensure the eligibility criteria and hit the “Apply Online”, Fill all the details in the State Health Society Bihar CHO application form, Verify all the details once before submitting the application form, Take a print out and keep the hard copy of the application form for future reference. Affiliated to B R Ambedkar Bihar University, Muzaffarpur. Interact directly with CaseMine users looking for advocates in your area of specialization. For obtaining permission as required under Section 13-A, every person or medical college is required to submit a scheme in such form with requisite fee, containing such particulars as provided under sub-section (3) of Section 13-A. This job offers a good pay scale as follows: Interested candidates should send the duly filled application form before the last date i.e 14th July 2020. It is an admitted fact before us that the writ petitioners have studied from Ramjee Prasad, Ram Kumari Devi @ Marni Devi Ayurvedic Medical College & Hospital, Fatuha and Shrihari Shakuntalayam Ayurvedic Medical College, Muzaffarpur, Bihar. The decision of the Faculty shall be communicated to the institution concerned as soon as possible. Section 3 of the Act requires the governing body or organising committee or any body or institution intending to start medical course of study of indigenous system of medicine, along with requisite information regarding the study, to apply to the State Government in the Health Department. 29. 36. Clause (d) of sub-section (2) of Section 17, Civil Appeal No. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. 49. The Division Bench agreed with the reasoning adopted by the learned Single Judge in CWJC No. As per new recruitment notification released by the CHO, the total no of vacancies are 1050. What is the SHS Bihar Community Health Officer Age Limit? Section 13-A(1) prohibits any person to establish a medical college; and a medical college to open a new or higher course of study or training including a postgraduate course of study or training, which would enable the students of that medical college for the award of any recognised medical qualification or to increase its admission capacity except with the previous permission of the Central Government obtained in accordance with the provisions of Section 13-A. It is equally well settled that within two constructions that alternative is to be chosen which would be consistent with the smooth working of the system which the statute purported to be regulating and that alternative is to be rejected which will introduce uncertainty, friction or confusion into the working of the system. After the completion of the inquiry and submission of the inspection report, the Faculty shall give recognition to the institution either permanently or provisionally for a limited period or may reject it. The Indian Medicine Central Council Act, 1970 (the Central Act) provides for constitution of a Central Council of Indian Medicine (CCIM) and the maintenance of a Central Register of Indian Medicine and for matters connected therewith. The effect of the amendment brought about is clear to us that all the medical colleges which are in existence or the medical colleges which have to be established should compulsorily seek permission of the Central Government within the period provided and on failure to get the permission of the Central Government the medical qualification granted to any student of such medical college shall not be a recognised medical qualification for the purposes of the 1970 Act. Institutions already imparting education in indigenous system of medicine are required to take permission after coming into force of the 1982 Act. Under the 1970 Act, the State Faculty established under the Bihar State Council of Ayurvedic and Unani Medicines (the appellant in LPA No. We Are Recognized by: Central Council of Indian Medicine & approved by Department of AYUSH, Ministry of health & family welfare, Government of India, New Delhi And State Government of Bihar. 4644-46 of 2003) and Ashok Kumar Singh & Ors. In this view, the matter was directed to be placed before a Division Bench after necessary orders of the Hon'ble the Chief Justice. Therefore, by virtue of introduction of the 1982 Act, it cannot be said that the degrees conferred on the students who have studied in the colleges which have not been granted permission by the State Government as required under the 1982 Act, will be ipso facto illegal and could not be given effect to. It was submitted that as the degree conferred on the writ petitioners is a recognised degree on the basis of the said entry in the 1970 Act, they were entitled to appear for entrance test to the postgraduate course and also for consideration for appointment to the post of Ayurvedic Medical Officers on the basis of GAMS degree which they were holding. 5. It also provides that in case the application is not moved within the stipulated period or the State Government refuses permission, they will be deemed to have been established in contravention of the provisions of the Act. 39. The petitioners sought relief that they be permitted to fill up the forms and to take part in the examination and further for declaration that GAMS degree granted by the Faculty was equivalent to BAMS degree granted by a recognised university of the State. 1500 State Health Society Bihar Jobs - Overview. Section 13-A or Section 13-B or Section 13-C. 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