Print View

The Bangladesh Unani and Ayurvedic Practitioners Ordinance, 1983

( Ordinance NO. XXXII OF 1983 )

Chapter II

CONSTITUTION AND FUNCTIONS OF THE BOARD

Composition of the Board
4. (1) The Board shall consist of the following members, namely:-
 
 
(a) a Chairman to be appointed by the Government;
 
 
(b) two members to be nominated by the Government, of whom one each shall be from amongst the practising Hakims and Vaids;
 
 
(c) one member from each administrative division to be elected by the registered practitioners of Unani system of medicine from amongst themselves;
 
 
(d) one member from each administrative division to be elected by the registered practitioners of the Ayurvedic system of medicine from amongst themselves;
 
 
(e) two members to be nominated by the Government from amongst the teachers of recognised teaching institutions of Unani and Ayurvedic systems of medicine.
 
 
(2) Notwithstanding anything contained in sub section (1), for the purpose of constitution the Board for the first time, the members required to be elected under clauses (c) and (d) of that sub section, shall be nominated by the Government.
Elections
5. Elections under this Ordinance shall be held at such time and place and in such manner as may be prescribed by rules.
Publication of names, etc.
6. The Government shall publish in the official Gazette, the names of the Chairman and other members of the Board together with the dates on which such members are nominated or elected.
Term of office of members
7. (1) The members of the Board shall be nominated or elected, as the case may be, in such manner and for such term as may be prescribed by rules.
 
 
(2) Every member of the Board shall, subject to the other provisions of this Ordinance and the rules to be made thereunder, hold office until the election or nomination, as the case may be, of his successor at the end of the prescribed term.
 
 
(3) Members shall be eligible for re nomination or re election to the Board on the expiry of the prescribed term.
 
 
(4) If a vacancy in the office of a member occurs during the prescribed term, through death, resignation, disability, or otherwise, the vacancy shall be filled in accordance with the provision of this Chapter and the member nominated or elected to fill the vacancy shall hold office until his successor is nominated or elected at the end of the prescribed term.
Vacancies not to invalidate proceedings of the Board
8. No act or proceeding of the Board shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the composition of, the Board.
Resignation from membership
9. The Chairman may resign his office by letter addressed to the Government and any member may, at any time, resign his office by letter addressed to the Chairman and such resignation shall take effect from the date it is accepted by the Government or the Chairman, as the case may be.
Declaration of vacancies
10. If any member-
 
 
(a) absents himself, without such reason as may in the opinion of the Board be sufficient, from three consecutive ordinary meetings of the Board; or
 
 
(b) becomes subject to any of the disqualifications mentioned in section 11;
 
 
the Board shall declare his office vacant.
Disqualification of members

11. No person shall be a member of the Board if-

 
 

(a) he is an undischarged insolvent;

 
 

(b) he has been adjudicated by a competent Court to be of unsound mind;

 
 

(c) he has at any time been convicted of an offence, which in the opinion of the Government, involves moral turpitude.

Control over the Board
12. If, in the opinion of the Government, anything done or intended to be done by or on behalf of the Board is not in conformity with the provisions of this Ordinance, or is in any way against the public interest, the Government may, by order,-
 
 
(a) quash the proceedings;
 
 
(b) suspend the execution of any resolution passed or order made by the Board;
 
 
(c) prohibit the doing of anything proposed to be done; and
 
 
(d) require the Board to take such action as may be specified.
Functions of the Board
13. The following shall be the functions of the Board, namely:-
 
 
(a) to consider applications for recognition under this Ordinance made by institutions imparting or desiring to impart instruction in the Unani or Ayurvedic systems of medicine;
 
 
(b) to secure the maintenance of an adequate standard of efficiency in recognised institutions;
 
 
(c) to make arrangement for the registrations of duly qualified persons in accordance with the provisions of this Ordinance;
 
 
(d) to appoint committees and sub committees for carrying out the purposes of this Ordinance;
 
 
(e) to hold examinations and confer certificates, diplomas or degrees in Unani and Ayurvedic systems of medicine;
 
 
(f) to provide for research in the Unani and Ayurvedic systems of medicine and to establish research centre or academy for this purpose;
 
 
(g) to make arrangements for standardisation of the Unani and Ayurvedic medicines;
 
 
(h) to prepare and publish text books to meet the needs of teachers of Unani and Ayurvedic systems of medicine;
 
 
(i) to publish journals, periodicals and bulletins on Unani and Ayurvedic systems of medicine;
 
 
(j) to prepare and publish Unani and Ayurvedic Pharmacopoeia and Code of Ethics for practitioners registered under this Ordinance;
 
 
(k) to award scholarships and stipends to the students of recognised institutions;
 
 
(l) to collect fees or charges prescribed for admission to the examination held by the Board and for certificate, diploma or degree to be granted or conferred by the Board under this Ordinance;
 
 
(m) to recommend to the Government any grant for a recognised Unani or Ayurvedic institution;
 
 
(n) to make arrangements for establishment of standard Unani and Ayurvedic colleges, hospitals and charitable dispensaries;
 
 
(o) to make arrangements for establishment and operation of a Unani and Ayurvedic medical store for supplying medicines and accessories to the Unani and Ayurvedic hospitals and dispensaries; and
 
 
(p) to do such other acts and things as it may be empowered or required to do by this Ordinance or the rules.
Meetings of the Board
14. (1) The Board shall meet at such time and place, and every meeting of the Board shall be summoned in such manner, as may be prescribed by regulations:
 
 
Provided that until such regulations are made, the Chairman may summon a meeting of the Board at such time and place as he may deem expedient by notice addressed to each member.
 
 
(2) The Chairman shall preside at every meeting of the Board, and in his absence, the members present shall elect a member from amongst themselves to preside.
 
 
(3) Except as hereinafter provided, all questions at a meeting of the Board shall be decided by a majority of the votes of the members present.
 
 
(4) Four members of the Board shall form a quorum.
 
 
(5) At every meeting of the Board the Chairman for the time being shall, in addition to his vote as a member of the Board, have a second or casting vote in case of an equality of votes.
Officers of the Board and their terms and conditions of service
15. (1) The Board shall, with the previous approval in writing of the Government, appoint a Registrar on such terms and conditions as may be prescribed by rules. (2) If the office of the Registrar is vacant or if the Registrar is unable to perform functions of his office on account of absence, illness or any other cause, the Board may, with the previous approval of the Government, appoint any officer of the Board to act as Registrar until a new Registrar is appointed or until the Registrar resumes the functions of his office, as the case may be. (3) The Registrar shall be the secretary to the Board and shall exercise such powers and perform such duties as may be prescribed by regulations.
 
 
(4) The Board may appoint such officers and employees as it considers necessary for the efficient performance of its functions on such terms and conditions as it may deem fit.
 
 
(5) The Registrar may, in the event of an urgency, appoint, for the efficient performance of the functions of the Board, such employees as he considers necessary on the terms and conditions prescribed by regulations:
 
 
Provided that every appointment under this sub section shall be reported to the Board forthwith and no such appointment shall continue beyond six months unless approved by the Board.

Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs