THE UNANI, AYURVEDIC AND HOMOEOPATHIC PRACTITIONERS

ACT, 1965
(II of 1965)
CONTENTS
PART I
PRELIMINARY
Short title, extent and commencement
1. Definitions
2. Establishment and incorporation of Council
PART-II
CONSTITUTION AND FUNCTION OF COUNCILS
CHAPTER-1
COMPOSITION AND PROCEEDINGS OF COUNCILS
3. Composition of the National Council for Tib
4. Composition of the National Council for Homoeopathy.
5. The President and Vice-President
6. Elections
7. Publication of names. Etc
8. Term of office of members
9. Vacancies not to invalidate proceedings of Council
10. Resi2nation by President, etc
11. Declaration of vacancies
12. Disqualification of members
13. Functions of the Council
14. Meeting of the Council
15. Officer of the Council and their pay and allowance
CHAPTR-II
TEACHING INSTITUTIONS AND EXAMINATIONS
16. Recognition of institutions
17. Maintenance of standard of efficiency
18. Withdrawal of recognition
19. Duration of courses
20. Qualifications for admission to institutions
21. Qualifvin2 examination
CHAPTER-III
REGISTRATION OF PRACTITIONERS
22. Registration how made
23. Registration of Unani. Ayurvedic and Homoeopathic Practitioners:-
24. Deleted
25. Deleted
26. Deleted
27. Removal from register. Etc
28. Cancellation or alteration of entries in Register
CHAPTER-IV
POWERS AND DUTIES OF REGISTRAR
29. Maintenance of register, etc
30. Publication of List
PART-III
GENERAL PROVISIONS
CHAPTER-I
RIGHT, DUTIES AND LIABILITIES OF REGISTERED PRACTITIONERS
31. Intimation of change of address
32. Privileges of registered practitioners
33. Omitted
34. Omitted
CHAPTER-II
 OFFENCES, PENALTY AND PROCEDURE
35. Offences and penalties
36. Persons not registered under Act not to practice etc
37-A. Prohibition against calling applications, etc., by un-recognised institutions
37. Colourable imitation of degrees
38. Prohibition against use of title, description, etc
39. Savings
40. Cognizance of offences, etc
CHAPTER-III
SUPERSESSION OF COUNCIL
41. Supersession of Council
CHAPTER-IV
MISCELLANEOUS
42. Fees received by Council
43. Death of registered practitioners
44. Indemnity
45. Power to make rules
46. Power to make regulations
47. Policy issues relating to the affairs of the Council
 TEXT
THE UNANI, AYURVEDIC AND HOMOEOPATHIC PRACTITIONERS ACT, 1965
(II of 1965)
[25th January, 1965]
An
Act
to regulate the qualifications and to provide for the registration of practitioners of Unani, Ayurvedic
and Homoeopathic Systems of Medicine.
(As modified up to the 31st October, 1982)
WHEREAS it is expedient to promote and popularize the Unani, Ayuravedic and
Homoeopathic Systems of Medicine, to regulate education and research in, and to provide for the
registration of practitioners of , those systems of medicine;
AND WHEREAS the national interest of Pakistan in relation to the achievement of
uniformity within the meaning of clause (2) of Article 141 of the Constitution of Islamic Republic of
Pakistan requires Federal Legislatures.
It is hereby enacted as follows:-
PART-I
PRELIMINARY
1. Short title, extent and commencement.— (1) This Act may be called the Unani,
Ayurvedic and Homoeopathic Practitioners Act, 1965.
(2) It extends to the whole of Pakistan.
(3) It shall come into force on the twenty-first day of July, 1965.
2. Definitions.— In this Act, unless there is anything repugnant in the subject or context
(a) “approval” means approved by the Federal Government on the recommendation of
the Council;
(b) “Committee” means the Committee appointed by the Council;
(bb) “Council” means National Council for Tib or, as the case may be the National
Council for Homoeopathy established under Section 3;
(c) “Homoeopathy” means the Homoeopathic system of medicine, including the Bio-
Chemic system of medicine, and “Homoeopath” means a practitioner of
Homoeopathy, Bio-Chemic System of Medicine;
(cc) “List” means the list of Homoeopaths prepared under Section 27 as that list existed
immediately before the commencement of the Unani, Ayurvedic and Homoeopathic
Practitioners (Amendment) Ordinance, 1978, and “Listed” shall be construed
accordingly;
(ccc) “Meeting” means Meeting of the Council;
(cccc) “misconduct” means conduct contrary to the provisions of this Act, the rules and
regulations made under this Act and the Code of Ethics adopted by the Council;
(d) “prescribed” means prescribed by rules or regulations made under this Act;
(e) “President” means the President of the Council;
(ee) “Qualified” means qualified from any approved or recognized teaching institutions
imparting instruction in the Unani, Ayurvedic or Homoeopathic System of medicine;
(f) “recognized” means recognized by the Federal Government for the purposes of this
Act;
(g) “register” means a register of practitioners of the Unani or Ayurvedic or
Homoeopathic System of Medicine maintained under this Act;
(h) “registered practitioner” means a practitioner whose name is for the time being
entered in a register;
(i) “Registrar” means the Registrar of the Council;
 (j) “Tabib” means a practitioner of the Unani System of Medicine;
(k) “Unani and Ayurvedic System of Medicine” means the Unani, Tib and Ayurvedic
(including the Siddha) system of medicine, whether supplemented or not by such
modern advances as the Council may, from time to time, determine;
(l) "Vaid" means a practitioner of the Ayurvedic System of Medicine;
(m) "Vice - President" means Vice-President" of the Council.
3. Establishment and incorporation of Council.— (1) As soon as may be after the
commencement of this Act, the Federal Government shall, by notification in the official Gazette,
establish a Council to be called the National Council for Tib, and by a like notification , another
council to be called the National Council for Homoeopathy, for the purposes of this Act.
(2) Each of the two Councils shall be body corporate, having perpetual succession and
a common seal, and shall, by its name as specified in sub-section (1) sue and be sued.
PART-II
CONSTITUTION AND FUNCTION OF COUNCILS
CHAPTER-1
COMPOSITION AND PROCEEDINGS OF COUNCILS
4. Composition of the National Council for Tib.— The National Council for Tib shall consist
of the following members, namely:-
(a) Four members, being qualified and registered practitioners of the Unani System of
Medicine, to be nominated by the Federal Government after consulting the
Provincial Government concerned, of whom one shall be from each Province;
(b) Eleven qualified members, to be elected from amongst themselves by the
Registered practitioners of the Unani System of Medicine, of whom five shall be
from the Punjab, three from Sindh, two from the North-West Frontier Province and
one from Baluchistan.
(c) Two members, to be elected from amongst themselves by the teachers of all the
recognized institutions of the Unani or Ayurvedic System of Medicine.
(d) One member, to be elected from amongst themselves by the registered practitioners
of the Ayurvedic System of Medicine; and
(e) Four members, to be nominated by the Federal Government, of whom one shall be
a scientist from the related field, and one Deputy Secretary (Budget) Ministry of
Health, who shall also be Chairman of the Finance Committee.
(2) Notwithstanding anything contained in sub-section (1), for the purpose of
constituting the National Council for Tib for the first time :-
(a) the members required to be elected under clauses (b) and (c) shall be nominated by
the Federal Government from amongst the registered practitioners of the Unani
System of Medicine;
(b) the member required to be elected under clause (d) shall be nominated by the
Federal Government from amongst the registered practitioners of the Ayurvedic
System of Medicine; and
(c) for the members nominated under clauses (a) and (e) the Federal Government shall
nominate fresh members in accordance with the provisions of these clauses.
5. Composition of the National Council for Homoeopathy.— The National Council for
Homoeopathy shall consist of the following members namely :-
(a) Four members, being registered Homoeopaths, to be nominated by the Federal
Government after consulting the Provincial Government concerned, of whom one
shall be from each Province.
(b) Eleven members, to be elected from amongst themselves by registered and listed
Homoeopaths, of whom five shall be from the Punjab, three from Sindh, two from
the North-West Frontier Province and one from Baluchistan.
(c) Two members, to be elected from amongst themselves by the teachers of
recognized institutions of Homoeopathy; and
(d) Four members, to be nominated by the Federal Government, of whom one shall be
 a scientist from the related field and one Deputy Secretary (Budget), Ministry of
Health, who shall also be Chairman of the Finance Committee.
6. The President and Vice-President.— The President and Vice-President shall be electcd
by the members of the Council from amongst themselves.
7. Elections.— Elections under this Act shall be held at such time and place and in such
manner as may be prescribed by rules.
8. Publication of names. etc.— The Federal Government shall publish in the official Gazette
the names of the President, the Vice-President and other members of the Council together with
the dates on which such members are elected or nominated.
9. Term of office of members.— (1) the members of the Council 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 Council shall, subject to the other provisions of this Act and as
may be prescribed by Rules, hold office for the prescribed term and cease to hold office at the
expiry thereof, and
(3) Members shall be eligible for re-nomination or re-election to the Council on the
expiry of the prescribed term.
(4) If a vacancy in the office of President, Vice-President or a member occurs during the
prescribed term through death, resignation, disability or otherwise, the vacancy shall be filled in
accordance with the provisions of this Chapter.
(5) The election or nomination of the members of the Council shall be held at least three
months prior to the expiry of the prescribed tenure of the Council and expenditure on election
shall be borne by the respective Council and if, at any time, the Council ceases to exist on expiry
of its prescribed tenure, all powers and functions of the Council shall, till constitution of new
Council or for a period of one year, be exercised and performed by such person or authority as
may be appointed by the Federal Government in this behalf, as if such person or authority were
the Council
10. Vacancies not to invalidate proceedings of Council.— No act or proceedings of the
Council shall be invalid merely on the. Ground of the existence of any vacancy in or any defect in
the composition of the Council.
11. Resignation by President, etc.— The President, Vice-President or any member may at
any time resign his office by a letter addressed to the Registrar and such resignation shall take
effect from the date it is accepted by the Council.
12. Declaration of vacancies.— If any member, during the term of his office;
(a) absents himself, without such reason as may in the opinion of Council be sufficient,
from three consecutive ordinary meetings of the Council, or
(b) Becomes subject to any of the disqualifications mentioned in the Council shall
declare his office vacant.
13. Disqualification of members.— (1) No person shall be a member of the Council if:-
(a) he is an undercharged 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 offense which in the opinion of the Federal
Government involves moral turpitude; or
(d) his name has been removed from the register.
(2) If at any time it appears to the Federal Government that any member of the Council
has failed to exercise or has exceeded or abused any power conferred upon him as a member of
the Council, any Committee or Examining Body appointed under sub-section (3) of section 22,
may, if satisfied that such failure, excess or abuse has adversely affected the efficient conduct of
such member in achieving the objectives of this Act and after giving him an opportunity of showing
cause against the action proposed to be taken, by notification in the official Gazette, disqualify
him from the membership of the Council or, as the case may be, Committee or Examining Body.
14. Functions of the Council.— The following shall be the functions of the Council, namely:-
(a) To consider applications for recognition under this Act made by institutions imparting
or desiring to impart instruction in the system of medicine with which the Council is
 concerned;
(b) To secure the maintenance of an adequate standard of education in recognized
institutions;
(c) to make arrangements for the registration of duly qualified persons in accordance
with the provisions of this Act;
(cc) to appoint committees or sub-committees, each having due representation of all the
Provinces, for a specific period, to perform any specified function concerned with the
functions of the Council;
(d) to provide for research in the system of medicine with which the Council is
concerned; and
(e) to do such other acts and things as it may be empowered or required to do by this
Act or the rules.
15. Meeting of the Council.— (1) the Council shall meet at such time and place, and every
meeting of the Council shall be summoned in such manner, as may be prescribed by regulations:-
Provided that, until such regulations are made, the President may summon a meeting of
the Council at such time and place as he may deem expedient by notice addressed to each
member.
(2) The President and, in his absence, the vice-president, shall preside at every
meeting of the Council and if, at any time the vice-president is also absent and the President has
given prior permission, a member elected by the members present from amongst themselves
shall preside.
(3) Except as hereinafter provided, all questions at meeting of the Council shall be
decided by a majority of the votes of the members present.
(4) Eight members of the Council shall form a quorum.
(5) At every meeting of the Council the person presiding shall, in addition to his vote as
a member of the Council, have a second or casting vote in case of an equality of votes.
16. Officer of the Council and their pay and allowance.— (1) The Council shall with the
previous approval in writing of the Federal Government, appoint a Registrar and Controller of
Examination on such terms and conditions as may be determined by the Federal Government and
may appoint a person to act in his place during his absence on leave.
(2) An order of the Council appointing, punishing or removing the Registrar and
controller of examination from office shall not take effect unless confirmed by the Federal
Government in writing.
(3) The Registrar shall be Secretary to the Council and shall exercise such powers and
perform such duties as may be prescribed by regulations.
(4) The Council may appoint such other officers and servants on such terms and
conditions as the Council may, with the previous approval in writing of the Federal Government,
determine.
(5) The Registrar and all other officers and servants of the Council shall be deemed to
be public servants within the meaning of Section 21 of the Pakistan Penal Code (Act XLV of 1860)
CHAPTR-II
TEACHING INSTITUTIONS AND EXAMINATIONS
17. Recognition of institutions.— (1) Any institution imparting or desiring to impart instruction
in the Unani, Ayurvedic or Homoeopathic system of Medicine according to the courses prescribed
by rules may apply for recognition under this Act.
(2) An application for recognition shall be addressed to the Registrar of the Council
concerned and shall contain full information in respect of the following matters, namely:-
(a) the constitution and personal of the managing body of the institution,
(b) the subject and courses in which it imparts or proposes to impart instructions;
(c) the equipment possessed by the institution and the number of students for whom
accommodation and other provision has been or is proposed to be made;
(d) the strength and particulars of its staff, their salaries, qualifications and the research
 work to their credit;
(e) The fees levied or proposed to be levied and the financial provision made for capital
expenditure on buildings and equipment and for the continued maintenance and
efficient working of the institution.
(3) The Registrar shall place the application before the Council, and the Council may
direct the Registrar to call for any further information which it may consider necessary, and may
also direct a local inquiry to be made by competent person or persons authorized by it in this
behalf
(4) After considering the report of such local inquiry, if any, and making such further
inquiry as may appear to it to be necessary, the Council shall forward the application together with
its recommendation whether the recognition asked for should not be granted, to the Federal
Government which may, after making inspection, if necessary, at its own or through the Provincial
Government concerned, by order, grant or refuse to grant recognition and the grant of recognition
may be subject to such terms and conditions, if any, as may be specified in the order.
18. Maintenance of standard of efficiency.— (1) It shall be the duty of the Council to secure
the maintenance of an adequate standard of efficiency in recognized institutions.
(2) For the purpose of securing such standard, the Council may:-
(a) from time to time call upon any recognized institution to furnish such particulars as
the Council may require of any education provided or examination conducted by
such institution, and
(b) Appoint inspectors from amongst the registered practitioners to attend and be
present at all or any of the examination conducted by such institution prior to the
qualifying examination.
(3) The inspectors shall not interfere with the conduct of any examination, and their duty
shall be to report to the Council their opinion as to the sufficiency or otherwise of every
examination which they attend, and any other matter in relation to such examination on which the
Council may require them to report.
(4) The Council shall arrange periodical inspection of recognized institutions and
supervision of the examinations conducted by such institutions, through inspectors to be
appointed by the Council, and shall pay such salaries and allowances and traveling expenses to
the inspectors as may be approved by the Federal Government.
19. Withdrawal of recognition.— (1) The Council when it thinks fit may, and when required to
do so by the Federal Government shall, make an enquiry whether any recognized institution
should cease to be a recognized institution.
(2) If, on making such an enquiry, and after considering all such information and reports
as are referred to in the preceding section, and making such further inquiry as may appear to it to
be necessary, the Council is satisfied that the education provided or the examinations conducted
by a recognized institution are not such as to secure and adequate standard of efficiency for the
practice of the system of medicine taught in the institution, it shall submit a report to the Federal
Government with its recommendation stating the reasons there for that the recognition of the
institution should be withdrawn and the Federal Government may, on receipt of such report, make
an order to be published in the official Gazette, withdrawing the recognition of the institution.
Provided that no order under this sub-section shall be made unless the institution
concerned has been given an opportunity to raise, within a specified time, the standard of the
education and examination to the satisfaction of the Federal Government and the institution has,
in the opinion of the Federal Government, failed to do so.
20. Duration of courses.— (1) The duration of the course in recognized institutions of Unani
or Ayurvedic System of Medicine shall be four years and the course shall include the subjects
prescribed by regulations.
(2) The duration of diploma course in recognized institutions of Homoeopathy shall be
four years and the course shall include the subjects prescribed by regulations.
21. Qualifications for admission to institutions.— (1) The minimum qualifications required
for admission to a recognized institution of Unani or Ayurvedic System of Medicine shall be
Matriculation with Science or equivalent examination of any University or Education Board in
Pakistan established by or under any law preference being given to those having higher
qualification with Science and in the case of admission to an institution of Unani System of
Medicine to a candidate having one or more of the following additional qualifications, namely:-
(a) Adeeb.
(b) Adeeb Alim.
(c) Adeeb Fazil.
(d) Munshi.
(e) Munshi Alim.
(f) Munshi Fazil.
(g) Molvi.
(h) Molvi Alim.
(i) Molvi Fazil.
(2) The minimum qualification required for admission to a recognized institution of
Homoeopathy shall be Matriculation with Science or equivalent examination of any University or
Education Board in Pakistan established by or under any law but those with Intermediate or
higher qualifications with Science shall be preferred.
22. Qualifying examination.— (1) A qualifying examination shall be held at least once in
every year for the purpose of granting a diploma conferring the right of registration under this Act.
(2) The examination shall be held on the subjects prescribed by regulations and the
right of appearing in the examination shall be restricted to candidates who have undergone a
course of study in such subjects in the prescribed manner at a recognized institution.
(3) The examination shall be held under the control of an examining body to be
appointed by the Federal Government after consulting the Council.
(4) The Chairperson of the examination body shall be appointed by the Federal
Government.
CHAPTER III
REGISTRATION OF PRACTITIONERS
23. Registration how made.— (1) Omitted.
(2) Omitted.
(3) Applications for registration under this Act, shall be made in such form and on
payment of such fee as may be prescribed by rules.
(4) The Council shall examine the applications received under this Section and after
making such enquiries as it thinks fit regarding the qualifications of the applicants and their
professional efficiency direct the entry of the names to be made in the register in accordance with
the Provisions of this Act.
24. Registration of Unani, Ayurvedic and Homoeopathic Practitioners.— (1) Every person
who passes the qualifying examination in the Unani, Ayurvedic or Homoeopathic System of
Medicine from a recognized institution may apply for registration in the respective register.
(2) Every person who is registered medical practitioner within the meaning of the
Medical Council Ordinance, 1962 (XXXII of 1962), and has taken to the practice of Homoeopathy
may apply for registration as Homoeopath.
(3) Notwithstanding anything contained in sub-sections (I) and (2), the Federal
Government may, if it deems fit after consulting the Council, direct that a degree or diploma in the
Unani, Ayurvedic or Homoeopathic System of Medicine, as the case may be, granted by any
institution in or outside Pakistan shall be recognized on such conditions as it may, by notification
in the official Gazette, specify.
25. Deleted.
26. Deleted.
27. Deleted.
28. Removal from register. etc..— The Council may direct that the name of any practitioner
who has been convicted of a cognizable offence or who after due enquiry has been found guilty of
misconduct shall be removed from the register or the list if the offence or misconduct in the
opinion of the Council discloses moral turpitude such as to render him unfit to practice his
profession;
Provided, however, that no action shall be taken by the Council under this section unless
the person convicted of the cognizable offence or found guilty of misconduct has been given a
reasonable opportunity to show cause against the punishment proposed to be inflicted on him.
29. Cancellation or alteration of entries in Register, etc..— The Council may on its own
motion or on information received from any person and after due enquiry and giving an
opportunity to the person concerned of being heard cancel or alter any entry in the register or the
list if in the opinion of the Council the entry was made fraudulently or improperly.
CHAPTER-IV
POWERS AND DUTIES OF REGISTRAR
30. Maintenance of register, etc..— (1) Subject to any general or special orders of the
Council it shall be the duty of the Registrar to keep the register and the list and to attend the
meetings of the council.
(2) The register and the list shall contain the name, residence and qualifications of
every practitioner registered or listed under this Act, and the dates on which the qualifications
were acquired.
(3) The Registrar shall keep the register and the list correct and up-to-date and shall,
from time to time, enter therein any alteration in the address and qualifications of the practitioners,
and remove there from the names of the practitioners who die or whose names are directed to be
removed in accordance with the provisions of this Act.
(4) The Federal Government may by rules prescribe any additional fee for any alteration
in the register due to additional qualifications.
(5) If the Registrar has reason to believe that any registered practitioner or a person
whose name is entered in the list has ceased to practice or has, changed his permanent address
without due intimation. To him, he may write by registered post to such practitioner at the address
as entered in the register to enquire whether he has ceased to practice or has changed his
residence and, if within six months no reply is received, the Registrar may remove the name of
such practitioner from the register:
Provided that the Council may, at any time on the application of the practitioner whose
name is removed under this sub-section, order that the name of such practitioner be re-entered in
the register.
31. Publication of List.— (1) The Registrar shall ,in every fourth year, on or before a date to
be fixed by the Council, cause to be published a correct list of the names and qualifications of all
practitioners for the time being entered in the register or the list and the dates when such
qualifications were acquired.
(2) It shall be presumed that any person entered in such list is registered practitioner
and that any person not so entered is not a registered practitioner.
PART-III
GENERAL PROVISIONS
CHAPTER-I
RIGHT, DUTIES AND LIABILITIES OF REGISTERED PRACTITIONERS
32. Intimation of change of address.— Every registered practitioner shall inform the
Registrar of any change in his permanent address.
33. Privileges of registered practitioners.— (1) notwithstanding any thing, contained in any
law for the time being in force, every registered or listed practitioner shall be entitled:-
(a) to hold any appointment as physician or medical officer in any Unani, Ayurvedic or,
the case may be , Homoeopathic dispensary, hospital, infirmary or lying-in hospital
is supported by or receive a grant from Government or any local authority and treats
patients according to the relevant system of medicine, or in any public
establishment, body or institution practicing such system;
(b) to vote for the election of members to the Council;
(c) to recover fees through courts.
(2) No registered or listed practitioner shall stock, use or sell any drugs or medicines
except such as are included in the Unani, Ayurvedic or, as the case may be ,Homoeopathic
Pharmacopoeia approved by the Federal Government
(3) A practitioner registered under section 25 shall be entitled to the privileges specified
in clauses (b) and (c) of sub-section (1) and be subject to the restriction mentioned in sub-section
(2).
(4) A registered or listed practitioner shall abide by the Code of Ethics framed by the
Council with the approval of the Federal Government.
34. Omitted.—
35. Omitted.—
CHAPTER-II
OFFENCES, PENALTY AND PROCEDURE
36. Offences and penalties.— (1) Whoever contravenes the provisions of sub-section (2) of
section 33 shall be punishable with imprisonment for a term which may extend to seven years, or
with fine which may extend to one lac rupees, or with both.
37. Persons not registered under Act not to practice etc..— (1) No person other than a
registered or listed practitioner shall practise or hold himself out, whether directly or by implication,
as practicing the Unani, Ayurvedic or, as the case may be , Homoeopathic System of medicine.
(2) No Tabib, Vaid or Homoeopath shall:-
(a) sign or authenticate a birth certificate or death certificate required by any law or rule
to be signed or authenticated by a duly qualified medical practitioner; or
(b) Sign or authenticate a medical or physical fitness certificate or death certificate
required by any law rule to be signed or authenticated by a duly, qualified medical
practitioner.
(2-A) No Homoeopath shall practise surgery
(3) Whoever contravances the provisions of this section, shall be punishable with
imprisonment for a term which may extend to one year, or with fine which may extend to one
thousand rupees, or with both
37-A. Prohibition against calling applications, etc., by un-recognised institutions.— (1) No
institution which is not recognized under section 17 shall call applications, advertise or arrange for
admission to such institution for imparting education in the Unani, Ayurvedic or Homoeopathic
system of medicine, nor shall such institution advertise or conduct any correspondence course in
any such system of medicine.
(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with
imprisonment for a term which may extend to seven years, or with fine which may extend to one
lac rupees, or with both.
38. Colourable imitation of degrees.— (1) No person other than a body or institution
authorized under this Act, shall confer, grant or issue or hold out as entitled to confer, grant or
issue a degree, diploma or licence which purports to entitle the holder to practise the Unani,
Ayurvedic or Homoeopathic System of Medicine, or which is identical with or is a Colourable
intimation of any degree, diploma or licence granted by a body or institution so authorized.
(2) Whoever contravenes the provisions of this section shall be punishable with fine
which may extend to one thousand rupees, and if the person so contravening is an association,
every member of such association who knowingly or willfully authorize or permits the
contravention shall be punishable with fine which may extend to one thousand rupees.
39. Prohibition against use of title, description, etc..— (1) No person shall add to his name,
title or description any letters or abbreviations which imply or are calculated to lead to the belief
that he holds a degree, diploma, licence or certificate as his qualification to practise the Unani,
Ayurvedic or Homoeopathic system of medicine, unless he holds such degree, diploma, licence or
certificate and such degree, diploma, lilcence or certificate:-
(i) is recognized by any law for the time being in force in Pakistan or in any part
thereof, or
(ii) has been conferred, granted or issued by a body or institution authorized
under this Act in this behalf, or
(iii) Has been conferred, granted or issued by an authority empowered or
 recognized as competent by the Federal Government or the Provincial Government
to confer, grant or issue such degree, diploma, licence or certificate.
(2) Notwithstanding anything contained in any other law for the time being in force, no
Tabib or Vaid shall describe himself as a Doctor but a Homoeopath may use the expression
“Homoeopathic Doctor” both the words “Homoeopathic” and “Doctor” having equal prominence.
(3) Whoever contravenes the provisions of this section shall be punishable with
imprisonment for a term which shall not be less than one year nor more than five years and also
with fine which may extend to twenty thousand rupees
40. Savings.— Nothing in this Chapter shall apply to any person :-
(a) who limits his practice to dentistry; or
(b) who being a nurse, midwife or health visitor and registered as such under any law
for the time being in force, or a dai, attends on a case of labour or
(c) who being a technical assistant like Jarrah or Kuhal attends on a case under the
direction and personal guidance of a registered practitioner of the Unani System of
Medicine.
41. Cognizance of offences, etc..— (1) No court shall take cognizance of any offence under
this Act except on a complaint in writing by an officer empowered in this behalf by the
Government.
(2) Except as provided in section 36, no court other than that of a Magistrate of the first
class shall try an offence under this Act.
CHAPTER-III
SUPERSESSION OF COUNCIL
42. Supersession of Council.— (1) If at any time it appears to the Federal Government that
the Council has failed to exercise or has exceeded or abused any of the powers conferred upon it
by or under this Act, the Federal Government may, if it is satisfied that such failure, excess or
abuse has adversely affected the efficient conduct of the affairs of the Council or the achievement
of the objects of this Act, by notification in the official Gazette, supersede the Council for a period
of one year and may, by a like notification, extend the period of supersession for a further period
of one year:
Provided that no Council shall be superseded unless a reasonable opportunity has been
given to it to show-cause against the supersession.
(2) Upon the supersession of the Council under sub-section (1)-
(a) the persons holding office as President, Vice-President and members of the Council
shall cease to hold office; and
(b) all powers and functions of the Council shall , during the period of supersession, be
exercised and performed by such person or authority as the Federal Government
may appoint in this behalf, as if such person or authority were the Council.
(3) The Council shall be reconstituted in accordance with the provisions of this Act, for
the exercise and performance of its powers and functions on the expiry of the period specified in
the notification under sub-section (1).
CHAPTER-IV
MISCELLANEOUS
43. Fees received by Council.— (1) All moneys received by the Council as fees shall be
applied for the purpose of the Council in accordance with the rules made under this Act.
(2) The accounts of the Council shall be maintained in such form and manner as the
Auditor General of Pakistan may prescribe.
(3) The accounts of the Council shall be audited by one or more auditors appointed by
the Federal Government in consultation with the Auditor General of Pakistan.
44. Death of registered practitioners.— For the purpose of securing information relating to
the death of registered or listed practitioner the Council may appoint an honorary Registrar of
Deaths in each district and regulate his functions and terms of appointment.
45. Indemnity.— No suit, prosecution or other legal proceeding shall be instituted against any
person for anything which is in good faith done or intended to be done under this Act, or the rules
or regulations made there under.
46. Power to make rules.— (1) The Federal Government may, after consulting the Council by
notification in the official Gazette, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the fore-going power, such
rules may provide for all or any of the following matters, namely:-
(a) the time and place at which and the manner in which elections shall be held;
(b) the manner in which vacancies shall be filled;
(c) the form of the list and register and the particulars to be entered therein;
(d) fees chargeable for the registration, alteration in the register regarding additional
qualifications and alteration of other entries in the register
(e) fees chargeable from institutions applying for recognition under this Act;
(f) the registration with Board concerned of students admitted to recognized institutions
and the fees chargeable for such registration;
(g) fees chargeable for admission or tests held under any provision of this Act;
(h) the purposes for which the fees received by the Council shall be applied; and
(i) fee chargeable for renewal of registration.
47. Power to make regulations.— The Council may with the previous approval in writing of
the Federal Government make regulations not inconsistent with this Act or the rules made there
under for the following matters, namely:-
(a) courses of study for training and qualifying examinations;
(b) Languages in which examinations shall be conducted and instruction given;
(c) admission of students to recognized institutions;
(d) the conditions under which candidates shall be admitted to different courses and the
qualifying and other examinations;
(e) the conditions of appointment of examiners and the conduct of examinations;
(f) the conditions for the appointment of teachers in recognized institutions and the
qualifications of the principals and teachers thereof;
(g) The requirements for the recognition of teaching institutions;
(h) the time and place at which the Council shall hold its meetings;
(i) such other matters as may be necessary for the exercise of powers and
performance of functions to be exercised or performed by the Council under this Act
and the rules made there under.
48. Policy issues relating to the affairs of the Council.— In the discharge of its function, the
Council shall be guided on questions of policy by the instructions, if any, as may be given to it,
from time to time by the Federal Government which shall be the sole judge as to whether a
question is a question of policy.