Section 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 its own 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.
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 three members from amongst the doctors.
2.3.2C.⊗ In making nomination from amongst the Campus chiefs pursuant to SubSection 2.3.1.5, nomination shall be made from amongst the registered doctors.
⊗ Inserted by the First Amendment.
⊗ Inserted by the First Amendment.
2.3.3 If the Council considers necessary, it may invite any officer of theGovernment 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 renominated or elected.
2.3.5 If the office of any member falls vacant prior to the expiration of the term of office, such vacancy may be filled by nomination or 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 operating 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 institutionsestablished within Nepal with objectives of imparting teaching and Deleted by the First Amendment. 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 infrastructures 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 medicine, surgery and auxiliary medical science.
2.4.1.10 To determine such policies as may be required 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;
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 meetingsof 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 thechairperson 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 of the powers conferred on it pursuant to this Act to the chairperson, any member or any committee or subcommittee of the Council, as prescribed.
2.9 Acts not to be invalid:
If it is subsequently found out that any provision under 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.
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 its own 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.
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 three members from amongst the doctors.
2.3.2C.⊗ In making nomination from amongst the Campus chiefs pursuant to SubSection 2.3.1.5, nomination shall be made from amongst the registered doctors.
⊗ Inserted by the First Amendment.
⊗ Inserted by the First Amendment.
2.3.3 If the Council considers necessary, it may invite any officer of theGovernment 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 renominated or elected.
2.3.5 If the office of any member falls vacant prior to the expiration of the term of office, such vacancy may be filled by nomination or 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 operating 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 institutionsestablished within Nepal with objectives of imparting teaching and Deleted by the First Amendment. 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 infrastructures 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 medicine, surgery and auxiliary medical science.
2.4.1.10 To determine such policies as may be required 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;
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 meetingsof 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 thechairperson 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 of the powers conferred on it pursuant to this Act to the chairperson, any member or any committee or subcommittee of the Council, as prescribed.
2.9 Acts not to be invalid:
If it is subsequently found out that any provision under 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.