No: 8 Dated: Jun, 11 1996

THE WEST BENGAL ACUPUNCTURE SYSTEM OF THERAPY ACT, 1996

West Bengal Act VIII of 1996

    An Act to provide for the development of the Acupuncture system of therapy, to regulate the teaching and practice therapy and to deal with certain other connected matters.

    Whereas it is expedient to provide for the development of the Acupuncture system of therapy, to regulate the teaching and pratcice thereof and to deal with certain other connected matters;

    It is hereby enacted as follows :-

1. Short title, extent and commencement. - (1) This Act may be called West Bengal Acupuncture System of Therapy Act, 1996.

(2) It extends to the whole of West Bengal.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Definitions. - In this Act, unless the context otherwise requires. -

(1) "Accupuncture" means the Acupuncture system of therapy recommended by the World Health Organisation and the Council of Acupuncture Therapy, West Bengal;

(2) "Council" means the Council of Acupuncture Therapy, West Bengal, constituted under section 3;

(3) "member" means a member of the Council;

(4) "prescribed" means prescribed by rules;

(5) "President" means the President of the Council;

(6) "Register" means the Register of Acupuncture practitioners maintained under this Act;

(7) "Registered Acupuncture practitioner" means an Acupuncture practitioner registered under the provisions of this Act;

(8) "Registrar" means the Registrar of the Council;

(9) "regulations" means the regulations made by the Council under this Act;

(10) "rules" means the rules made by the State Government under this Act;

(11) "teacher" means any person appointed by an Acupuncture institution affiliated to, or recognised by, the Council to hold a teaching post;

(12) "Vice-President" means the Vice-President of the Council.

3. Constitution of Council. - As soon as may be after the commencement of this Act, the State Government shall, by notification in the Official Gazette, establish a body corporate with perpetual succession and a common seal named the Council of Acupuncture Therapy, West Bengal. The Council shall be entitled to acquire and hold movable and immovable property, to transfer such property, to contract and to do all things necessary for the purposes of this Act and shall by its name sue and be sued.

4. Composition of Council. - (1) The Council shall consist of the following members:-

(a) a President nominated by the State Government;

(b) five members nominated by the State Government of whom three shall be registered Acupuncture practitioners;

(c) one member nominated by the University of Calcutta;

(d) one member nominated by the Jadavpur University;

(e) the Director of Dr. B. K. Basu Memorial Institute of Acupuncture Training and Research, ex officio;

(f) four members who are citizens of India, elected from such constituencies and in such manner as may be prescribed, by the registered Acupuncture practitioners from among themselves.

(2) Notwithstanding anything contained in the foregoing sub-section or elsewhere in this Act, on the first constitution of the Council all the members of the Council shall be nominated by the State Government, and the State Government shall also nominate one of the members to be the Vice-President.

5. Power of State Government to nominate members in certain circumstances. - If the nominating authority referred to in clause (c) and clause (d) of sub-section (1) of section 4, or the electoral body referred to in clause (f) of the said sub-section, fails by the prescribed date to nominate or elect the requisite number of member or members which such authority or body is entitled to nominate or elect, the State Government shall fill up the office of such member or members by nomination of a person or persons qualified to be nominated or elected by such authority or body. Any person so nominated by the State Government shall be deemed to have been duly nominated or elected a member by such authority or body.

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