MAHARASHTRA COUNCIL OF ACUPUNCTURE RULES, 2019

PREAMBLE

In exercise of the powers conferred by sub-sections (1) and (2) of section 35 of the Maharashtra Acupuncture System of Therapy Act, 2015 (Mah. XXV of 2017), and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules to carry out the provisions of the said Act, the same having been previously published as required by sub-section (1) of section 35 of the said Act, namely:

CHAPTER I PRELIMINARY

Rule - 1. Short title.

These rules may be called the Maharashtra Council of Acupuncture Rules, 2019. 

Rule - 2. Definitions.

(1)     In these rules, unless the context requires otherwise,-

(a)      "Act" means the Maharashtra Acupuncture System of Therapy Act, 2015 (Mah. XXV of 2017) ;

(b)      "Form" means a form appended to these rules;

(c)      "section" means a section of the Act.

(2)     Words and expressions used in these rules but are not defined herein shall have the same meanings as are respectively assigned to them in the Act.

CHAPTER II CONDUCT OF ELECTION OF COUNCIL

Rule - 3. Appointment of Returning Officer.

(1)     For the purpose of the election of the members of the Council under clause (a) of sub-section (3) of section 3, the State Government shall appoint a Returning Officer who shall not be below the rank of the Under Secretary to the State Government :

Provided that, where, by any reason, the officer appointed as the Returning Officer is unable to act as the Returning Officer, any other person authorized by the Government or the Registrar shall be the Returning Officer. Where the Returning Officer is appointed by the Government, the Registrar shall work as the Assistant Returning Officer.

(2)     The Returning Officer and the staff appointed to assist him for the election work shall be paid an additional remuneration as decided by the Council, from time to time.

Rule - 4. Preparation and publication of electoral rolls for election of Council.

(1)     Out of the five members of the Council to be elected under clause (a) of sub-section (3) of section 3 of the Act, three members shall be elected by the Acupuncture Practitioners registered in Part-A of the Register and two members shall be elected by the Acupuncture Practitioners registered under Part-B of the Register. The Registrar shall prepare separate electoral rolls of Acupuncture Practitioners registered under Part - A and Part - B of the Register maintained by the Council.

(2)     The electoral roll shall include the names of all Acupuncture Practitioners registered up to such date, as may be fixed by the Council for each election. The period between this date and the date fixed for counting of votes under sub-rule (1) shall not be more than three months. Eligible voters from Part-A or Part-B of the Register shall be able to vote for the candidates contesting the election from the respective Part of the Register.

(3)     The Registrar shall, at least thirty days before the last date fixed for the receipt of nomination papers, publish the electoral rolls of registered Acupuncture Practitioners by affixing copies thereof on the notice board at the office of Council. The copies of electoral roll shall be made available for sale in the office of the Council at price fixed by the Council, from time to time. The Registrar shall at the same time issue a notice in FORM I in the Maharashtra Government Gazette, and at least in four newspapers being published in the State of Maharashtra selected by him, calling upon the registered Acupuncture Practitioners to send their objections or suggestions, if any, with regard to the entries in the electoral rolls before a date specified in the notice, which shall not be earlier than fifteen days of the publication of the notice. All objections or suggestions received before the date specified in the notice shall be considered by the Registrar and corrections shall be made, if necessary, in the electoral rolls.

(4)     If any electoral roll is amended, such roll, with amendments, shall form the electoral roll for the purposes of the election under the Act. It shall also be affixed on the notice board of the Council. The copies of amendments made to the electoral roll, if any, shall be made available for sale in the office of the Council at a price fixed by the Council, from time to time.

Rule - 5. Fixation of stages of election.

(1)     The Returning officer shall fix the following stages of the election namely:

(a)      the day on which, the place at which and time during which the nomination papers are to be presented;

(b)      the day on which, the place at which and the time during which the nomination papers shall be scrutinized;

(c)      the day on which, the place at which and the time during which nomination may be withdrawn;

(d)      the day on which, the place at which and the time during which the voting papers shall be forwarded and received; and

(e)      the day on which, the place at which, and the time during which the votes shall be counted.

(2)     The date of the receipt of the nomination papers shall not be less than forty days before the date fixed for the receipt of the voting papers. The date fixed for the scrutiny of the nomination papers shall be next day of the last date fixed for the receipt of the nomination papers.

Rule - 6. Notice of Election.

At least thirty days before the date fixed for receipt of the nomination papers, the Returning Officer shall at the same time issue a notice of election in FORM II in the Maharashtra Government Gazette, and at least in four newspapers having wide circulation in Maharashtra, selected by him, notifying the dates fixed under sub-rule (1) of rule 5 and calling upon the electors to elect new members and to send nominations for the purposes. A copy of this notice shall also be displayed on the notice board at the office of the Council.

Rule - 7. Presentation of Nomination Papers.

(1)     Every registered Acupuncture Practitioner whose name appears in any electoral roll prepared under rule 4 (hereinafter in this Chapter referred to as "the elector") shall, unless disqualified under sub-section (1) of section 8 be qualified for election for the constituency to which the electoral roll pertains.

(2)     Candidates qualified for election shall be proposed and seconded by the registered Acupuncture Practitioner who is qualified as elector under the respective Part. The nomination form is non-transferable.

(3)     The nomination paper in FORM III shall be supplied by the Registrar to every valid registered Acupuncture Practitioner on his requisition after showing the identity card supplied by the Council.

(4)     Every nomination paper in FORM III duly completed and signed by the proposer and the seconder, and subscribed by the candidate himself as assenting to the nomination shall be sent by post or otherwise so as to reach the Returning Officer on or before the date and the time appointed under clause (a) of sub-rule (1) of rule 5, for receipt of the nomination papers. The nomination papers received after the time so fixed shall be rejected. The Returning Officer shall immediately on receipt of each nomination paper endorse thereon the date and the time at which the nomination paper is received by him and also immediately acknowledge the receipt of the nomination paper:

Provided that, not more than one nomination paper shall be presented by or on behalf of any candidate or accepted by the Returning Officer.

(5)     Every candidate shall, alongwith the nomination paper, deposit with the Returning officer with demand draft of a sum of rupees five thousand as an amount of deposit in the name of the Registrar of the Council. A nomination paper not accompanied by such deposit, shall not be entertained by the Returning Officer. The deposit amount shall, unless it is forfeited to the Council under sub-rule (6), be returned to the candidate, as soon as possible, after the result of the election is declared.

(6)     If a candidate is not elected and if the number of valid votes recorded in his favour is less than one-eighth of total number of votes recorded, divided by the total number of members to be elected from the respective category, the deposit shall be forfeited to the Council.

Rule - 8. Scrutiny of nomination papers.

On the date appointed by the Returning Officer for scrutiny of the nomination papers, the candidates and the proposer and the seconder of each candidate may remain present, at the appointed time and place, and the Returning Officer shall allow all reasonable facilities to all contesting candidates and their proposers to examine the nomination papers of all the candidates which have been received by him as aforesaid. It shall be mandatory to show the valid identity card of the Council by the proposer and seconder to the Returning Officer.

Rule - 9. Disposal of objections and rejection of nomination.

The Returning Officer shall examine the nomination papers received by him and shall decide all objections and may, either on such objections or his own motion, after such summary enquiry, if any, as he may think to be necessary, refuse any nomination, for any of the following reasons, namely :

(a)      that the candidate or his proposer or his seconder is not an elector;

(b)      that there has been any failure to comply with the provisions for the Act or the rules made thereunder;

(c)      that the signature of the candidate or his proposer or his seconder is found not genuine on tallying, with their specimen signature on the record of the Council or has been obtained by fraud.

Rule - 10. Completion of scrutiny.

(1)     The Returning Officer shall endorse on each nomination paper his decision whether the nomination paper has been accepted or rejected and if the nomination paper has been rejected, he shall record in writing a brief statement of his reasons for such rejection.

(2)     The scrutiny shall be completed on the day appointed in this behalf and no adjournment of proceeding shall be allowed.

Rule - 11. Withdrawal of candidature.

(1)     Any candidate may withdraw his candidature within three days of completion of scrutiny of nomination papers under rule 10, by a notice in writing signed by him and delivered it to the Returning Officer in person either by the candidate in person or by the proposer or seconder who has been authorized in this behalf in writing by candidate before the date fixed under clause (c) of sub-rule (1) of rule 5.

(2)     The Returning Officer shall on being satisfied as to the genuineness of a notice of withdrawal of candidature and the identity of the person delivering it to him under sub-rule (1), cause the notice to be affixed in some conspicuous place in his office.

(3)     The notice of withdrawal once accepted by the Returning officer shall be final.

Rule - 12. List of contesting candidates.

Immediately on completion of the scrutiny of the nominations and after the expiry of the period within which a candidature may be withdraw under rule 11, the Returning Officer shall forthwith under his signature publish on the notice board at the office of the Council, a list of contesting candidates.

Rule - 13. Procedure for uncontested elections.

After the publication of the list of the contesting candidates, if the number of contesting candidates does not exceed the number of vacancies to be filled in, the Returning Officer shall forthwith declare such candidates to be duly elected to fill such vacancies, and report the names of such candidates to the State Government.

Rule - 14. Contested election.

(1)     When there are more candidates than the vacancies, the voting shall be by postal ballot.

(2)     The Returning Officer shall forthwith publish the names and addresses of the contesting candidates in the Maharashtra Government Gazette, and on the notice board at the office of the Council.

Rule - 15. Printing of voting papers.

The Returning Officer shall arrange for the printing of voting papers in FORM IV, with the names of the contesting candidates entered therein in alphabetical order, according to the English script.

Rule - 16. Dispatch of voting papers to electors.

(1)     Twenty one days before the date fixed for the receipt of voting papers under clause (d) of sub-rule (1) of rule 5, the Returning Officer shall send to every elector by post under Government speed post.

(a)      one voting paper in FORM IV signed by him;

(b)      a blank cover of small size with the words "Voting paper" printed thereon; and

(c)      a large cover of a suitable large size addressed to himself in FORM V.

(2)     The Returning Officer shall make a mark in one copy of the electoral roll against the name of every elector to whom a voting paper and covers have been send. The marked copy of the electoral roll and the counterfoils of the voting papers sent shall be sealed in a packet immediately after the date fixed for the receipt of voting papers under clause (d) of sub-rule (1) of Rule 5.

Rule - 17. Issue of duplicate voting paper.

If any elector has not received his voting paper and covers or has inadvertently spoilt the papers or lost them, he may send to the Returning Officer at least seven days before the date fixed for the receipt of voting papers under clause (d) of sub-rule (1) of rule 5, a declaration to that effect signed by himself and the spoilt papers, if any, and request the Returning Officer to send him duplicate papers in place of those not received, spoilt or lost. When the duplicate papers are issued, a record thereof shall be kept by the Returning Officer and a mark "Duplicate" shall be made on the large cover as well as on the voting paper before issue. The Returning Officer shall cancel any spoilt papers received back from the elector.

Rule - 18. Delivery of voting paper to elector in person.

Any elector whose voting paper is returned undelivered may apply to the Returning Officer in person for such voting paper before the date fixed for the receipt of voting papers under clause (d) of sub-rule (1) of rule 5 and take delivery of the voting paper after satisfying the Returning Officer of his identity and on giving a receipt therefor.

Rule - 19. Recording of votes by elector.

(1)     On receipt of the voting paper an elector shall record his votes by putting crosses in column 3 of the voting paper against the names of the candidates to whom he wishes to give his votes. The elector shall have as many votes as there are vacancies and can give only one vote to each candidate. The elector shall not reveal his identity on the voting paper by putting his signature or by any other means.

(2)     After recording his vote, the elector shall put the voting paper in the small cover, close it and put it in the large cover. The elector shall then close the large cover and write his full name and sign at the place marked on the large cover. The large cover shall be sent by post so as to reach to the Returning Officer on or before the date and the hour appointed under clause (d) of sub-rule (1) of rule 5 for the receipt of voting

(3)     Any elector, who is under any disability which incapacitates him from recording his votes in the above manner, may take the assistance of a Gazetted Officer or a Magistrate, in recording his votes. Such Officer shall, in such case, record on the back of the large cover a certificate in the following manner, namely:

"I ..........................................(Name of the officer) hereby certify that .................................(Name of the elector) being incapable of recording his votes due to ........................... (Cause of incapacity) requested me to record his votes and I have recorded his votes according to his desire and in his presence.".

Signature ...............................

Designation.............................

Date : ............ Time: ............... Seal : ...............

Rule - 20. Custody of voting papers.

All covers containing voting papers shall on receipt be kept in a sealed box by the Returning Officer after noting the date and time of receipt of each cover. Any cover received after the date and time fixed for the receipt of voting papers under clause (d) of sub- rule (1) of rule 5 shall be kept in a separate packet and shall not be opened.

Rule - 21. Scrutiny and counting of votes.

(1)     The scrutiny and counting of votes shall be undertaken by returning Officer at the time, on the day and at the place appointed under clause (e) of sub-rule (1) of rule 5.

(2)     A candidate or only one representative duly authorized by him may remain present at the time of counting of votes.

(3)     The entire voting papers shall be treated as invalid,-

(a)      if the elector has failed to write his full name and make his signature on the large cover in which the small cover containing the voting paper is kept;

(b)      if the signature made by the elector does not tally with the specimen signature on the record of the Council;

(c)      if the mark '(X)" is placed opposite the names of more candidate than the number of seats to be filled or if more votes are given than he is entitled to under sub-rule (1) of rule 19;

(d)      if the elector has put his signature on the voting paper or has made any other mark thereon which may reveal his identity.

(4)     If the Returning Officer receives more than one voting paper from one small cover, or more than one small cover in any large cover, all such voting papers shall be treated as invalid.

(5)     If the mark '(X)' is so placed as to make it doubtful to which candidate the elector has given his vote, the vote shall be deemed to be invalid; and the voting paper be treated as invalid.

(6)     If any elector has given more than one vote to any candidate, only one of such votes given shall be taken to be valid, provided that the voting paper is otherwise not invalid.

Rule - 22. Declaration of results of election.

(1)     When the counting of votes is completed, the Returning Officer shall forthwith declare the candidate to whom the largest number of valid votes have been given, to be elected. If there are an equal number of votes in favour of each of the two or more candidates for one vacancy, the selection shall be determined by the Returning Officer by lots.

(2)     The Returning Officer shall also inform each successful candidate by letter of his having been elected to the Council.

(3)     After the result of the election has been declared, the Returning Officer shall seal the voting papers and all other documents relating to the election, and shall retain the same with himself in safe custody for a period of six months and thereafter shall cause them to be destroyed after obtaining the previous approval of the Government.

Rule - 23. Intimation of results of election to Government.

The Returning Officer shall intimate the name of the elected candidates to the Government for publishing their names in the Maharashtra Government Gazette, as required by sub-section (1) of section 4.

Rule - 24. Filling of casual vacancy.

If there is a casual vacancy of a member elected under clause (a) of sub-section (3) of section 3, the Returning Officer shall, subject to the proviso to sub-section (1) of section 5, take steps to fill it up, as soon as possible, by election in accordance with the provisions of rules 5 to 23.

Rule - 25. Time limit for referring election disputes.

The time limit for referring any dispute to State Government shall be,

(i)       in the case of elected members, thirty days from the date of declaration of the results of election ; and

(ii)      in the case of election of the President or Vice-Presidents, thirty days from the date of their election.

CHAPTER III CONDUCT OF BUSINESS OF COUNCIL

Rule - 26. Calling of meetings.

(1)     The Council shall ordinarily meet for the transaction of business twice in a year, but the President may, whenever he thinks fit, and shall, upon a written requisition of not less than seven members and on a date not later than fifteen days after the receipt of such requisition, call a special meeting.

(2)     The exact date, time and place of such meetings shall be decided by the President.

Rule - 27. Notice for calling meeting.

(1)     All members of the Council shall be given fifteen clear days' notice of an ordinary meeting and seven clear days' notice of a special meeting. Every notice shall also be posted on the notice board at the office of the Council as well as its website. Such notice shall specify the date, time and place of meeting and state whether the meeting is for general business or for any special business. If the meeting is for a special business, the nature of such business shall also be mentioned in the notice.

(2)     The Registrar shall send to all members a copy of the agenda and explanatory notes thereon, fifteen clear days' before the date fixed for an ordinary meeting and for special meeting, such period will be seven clear days. The mode of service of Notice shall be speed post, e-mail and/or e-communication via any acceptable modern communication means as is available from time to time.

Rule - 28. Motions for insertion in agenda.

Any member may send a motion to be inserted in the agenda for an ordinary meeting so as to reach the Registrar ten clear days before the date fixed for the meeting. The Registrar shall take the orders of the President for inclusion of such motion in the agenda, and where any motion is disallowed the reasons for doing so shall also be communicated along with the agenda to the members who sent the motion.

Rule - 29. Attendance at meetings.

At the commencement of each meeting an attendance register shall be placed in the meeting room and every member present shall sign against his name in the Register.

Rule - 30. Business to be transacted at meetings.

At an ordinary meeting no business or proposition other than specified in the agenda, and in the case of an special meeting, on the written request made for convening such meeting, shall be transacted:

Provided that, the presiding authority may permit any business or proposition to be discussed which is of an urgent nature and which could not reasonably be entered in the notice.

Rule - 31. Adjournment of meeting.

(1)     Subject to the provisions of sub-section (2) of section 9 the presiding authority may, for want of quorum of five members of the Council at the time, for reasons to be recorded in writing, adjourn the meeting to any future day or to any hour of the same day:

Provided that, the meeting adjourned for want of quorum, can be undertaken after an hour and for that no quorum shall be required.

(2)     When a meeting has been adjourned to a future day, the President may change such day to any other day, and the Registrar shall send a written notice of such change to each member of the Council:

Provided that no such adjourned meeting shall be taken place unless fifteen clear days' notice is given to the Members.

(3)     At an adjourned meeting the business that is left undisposed of at the original meeting from which adjournment took place shall, unless the President otherwise directs, take precedence over new business.

Rule - 32. Minutes of meetings.

(1)     Minutes of the proceedings of each meeting of the Council shall be kept in a book to be provided for the purpose and shall include the names of the members and if any member present at the meeting so desires, the name of the members voting, respectively, for or against any motion.

(2)     Minutes of the meeting of the Council shall be signed be the President, in his absence by the Vice-President and in the absence of the President and Vice-President both by the presiding authority.

(3)     This book shall be signed by the President at the next meeting after the minutes are confirmed, and shall, at all reasonable times, be open to inspection by any member of the Council.

(4)     Copies of the minutes shall be supplied to every member of the Council within a period of thirty days from the date of the meeting.

(5)     The meeting may be held by using the latest technology i.e. video conference etc.

Rule - 33. Circulation of written proposition.

Whenever it appears unnecessary to the President to convene a meeting, he may, instead of convening a meeting, circulate a written proposition with reasons for such proposition for the observation and votes of the members of the Council and thereupon the provisions of rule 32 shall mutatis mutandis apply.

Rule - 34. Allowances for attendance at meeting.

Every member of the Council including the President and Vice-President shall be paid an allowance of rupees two thousand per day for attending the meeting of the Council or any Committee thereof.

Rule - 35. Travelling allowance for attending meetings.

Every member of the Council, including the President and the Vice-President shall be paid travelling expenses for attending the meetings of the Council or any Committee thereof at the rate of fifteen rupees per kilometre or the fare equivalent to the Air Condition Two Tier class of the Indian Railway for the shortest distance from the place of his residence to the office of the Council. 

CHAPTER IV POWERS, DUTIES AND FUNCTIONS OF THE COMMITTEE AND THEIR MEETINGS

Rule - 36. Powers, duties and functions of the Executive Committee.

(1)     Any proposal received from the Government for grant of recognition of degrees and diplomas shall be scrutinized by the Executive Committee constituted by the Council under sub section (1) of section 11 and detailed report thereof shall be placed before the Council for its approval.

(2)     The Committee may recommend such formats of the result sheets and the mandatory note to be printed and displayed on such result sheets of the analysis made by the Acupuncture Practitioner personnel and issue such directions as may be necessary in this regard to maintain the uniformity and the ethics for regulating the professional conduct of the registered Acupuncture Practitioner.

Rule - 37. President's powers and duties.

Subject to the provisions of the Act, and save as expressly provided in these rules, all the powers, duties and functions of the President may, during the absence of the President, be exercised or performed by the Vice-President.

CHAPTER V CONDITIONS OF SERVICE OF REGISTRAR AND OTHER STAFF, AND SUPERVISORY POWERS AND DUTIES OF REGISTRAR

Rule - 38. Appointment, salary, allowances and other conditions of service of Registrar.

The Council may appoint the Registrar on the following conditions, namely:

(1)     The post of the Registrar shall be permanent. The Registrar shall be full time officer of the Council and shall not do any other work except with the permission of the Council. Any person, on his first appointment to clear vacancy in the office of the Registrar, shall be on probation for a period of two years.

(2)     To be eligible for appointment to the post of Registrar, a candidate shall,

(i)       possess a degree of any University established by law;

(ii)      have five years' experience in field of management of University or Council affairs:

Provided that the Council may appoint any retired Government officer to the post of the Registrar for such tenure as may be determined by the Council; and

(iii)     have passed the Secondary School Certificate Examination with Marathi as one of the subjects:

(3)     The Registrar shall draw pay in the scale of Rs 9300-34800+Grade pay 4400, dearness allowance, travelling allowance, city compensatory allowance, house rent allowance at the rate admissible to the State Government employee drawing an equivalent pay.

(4)     The age limit for recruitment by nomination to the post of the Registrar shall be the same as that of that of the State Government employee of the equivalent post.

(5)     The normal age of retirement for Registrar shall be the same as that of the State Government employee.

Rule - 39. Mode of selection.

(1)     The Council shall call for applications for the post of Registrar, by publication of an advertisement in the newspapers having wide circulation and also display on the notice board of the office of the Council and in Employment News Bulletins.

(2)     The Council shall consider all the eligible candidates who have applied for the post.

Rule - 40. Other staff of Council.

The Council may appoint the officers and employees of the Council as follows.

(A)     Deputy Registrar.

The Council may appoint a Deputy Registrar on the following conditions, namely:

(a)      The post of the Deputy Registrar shall be permanent. The Deputy Registrar shall be full time officer of the Council and shall not do any other work which is not connected with the work of the Council. Any person, on his first appointment to a clear vacancy in the office of the Deputy Registrar, shall be on probation for a period of two years.

(b)      To be eligible for appointment to the post of Deputy Registrar, a candidate shall,

(i)       possess a degree of any university established by law; and

(ii)      have passed Secondary School Certificate Examination with Marathi as one of the subjects:

Provided that, the Council may appoint any retired Government officer to the post of the Deputy Registrar for such tenure as may be determined by the Council.

(c)      The Deputy Registrar shall draw pay in the scale of Rs 9300-34800+Grade pay 4200, and dearness allowance, travelling allowance, city compensatory allowance, house rent allowance at the rate admissible to the State Government employee drawing an equivalent pay.

(d)      The age limit for recruitment to the post of the Deputy Registrar shall be the same as that of the State Government employee of the equivalent post.

(e)      The normal age of retirement for Deputy Registrar shall be the same as that of the State Government employee.

(B)     Clerical staff and peon.-

The Council shall appoint its staff on the following conditions, namely:-

(a)      The number of clerical posts and peons shall be such as the Government may sanction. These posts shall be permanent and persons recruited on these posts shall be full-time employees of the Council and shall not do any other work which is not connected with the work of the Council. Eligibility for appointment to these posts shall be on par with the eligibility criteria for appointment to the posts in the corresponding cadre of the State Government employee.

(b)      All the employees of the Council shall be eligible to such pay scales and allowances as are admissible to the employees of the State Government in the corresponding grades and shall also be entitled to get revised pay scale of the corresponding grades in the State cadre, as may be revised, from time to time.

(c)      The normal age of retirement for persons holding these posts shall be the same as that of the State Government employee of the equivalent cadre.

(C)     Mode of selection.

(1)     The Council shall call for applications for the post of officers, clerks and peon by publication of an advertisement in newspapers having wide circulation and also display on the notice board of the office of the Council and Employment Exchange to sponsor the names of the candidates for selection.

(2)     The Council shall consider all the candidates who have applied for the post. No officer or servant of the Council shall without the previous permission of the Council engage himself in any work unconnected with the work of the Council.

Rule - 41. Attendance.

(1)     The Registrar and other employees of the Council shall attend the office at the hours prescribed by the State Government for Government offices in Brihan Mumbai and at other times when considered necessary.

(2)     The Registrar shall not absent himself from duties without permission of the President. The other employees of the Council shall not be absent from their duties without permission of the Registrar.

Rule - 42. Leave.

(1)     Leave cannot be claimed as of right. The leave to the Deputy Registrar, clerical staff and peons may be granted by the Registrar. Discretion to refuse or cancel the leave of any description is reserved to the authority competent to sanction the leave.

(2)     Casual leave may be given for special and unforeseen circumstances and the total period of casual leave in a year being limited to eight days. Casual leave may, with the permission of the sanctioning authority, be prefixed or affixed to Sunday and holidays.

(3)     The Registrar, Deputy Registrar and every employee of the Council may be granted leave according to the provisions of the Maharashtra Civil Services (Leave) Rules, 1981.

Rule - 43. Resignation.

(1)     The Registrar may leave service of the Council after giving three months' notice. If he leaves the job without notice he will have to pay a one month's basic pay.

(2)     Any other employee of the Council may leave service after giving one months' notice, if he is a temporary employee, and three months' notice, if he is a permanent employee. In the case of failure to give the required notice, the employee shall have to forfeit pay for the notice period.

Rule - 44. Termination of services.

(1)     The Council may terminate the service of any employee, other than the Registrar, after due enquiry, giving such employee fair opportunity to explain as to why his services should not be terminated. The Council may also impose any other minor penalty on any employee, other than the Registrar, after giving such employee show-cause notice:

Provided that, it shall be lawful for the Council to terminate the services of its employee who is appointed on a purely temporary basis and who has given an undertaking that his services are liable to be terminated at any time without notice and without assigning any reason.

(2)     In case of serious default by any employee other than Registrar, the President may suspend such employee pending a full-fledged enquiry. During the period of suspension, such employee or the Registrar, if the Registrar has been suspended as per the provisions of sub-section (4) of section 13 may be paid such subsistence allowance as the Council shall decide with the permission of the Government.

Rule - 45. Gratuity.

If an employee of the Council retires or resigns, the Council shall pay to such employee or to his family in case of death of the employee while in service, by way of gratuity an amount equal to the amount of gratuity as admissible to the employees of the equivalent cadre of the Government:

Provided that, the amount shall not be so paid unless the employee has put in at least five years continuous service with the Council.

Rule - 46. Duties of Registrar.

(1)     The Registrar shall have general control over the management of the office. All the other employees shall be directly under the Registrar, who shall assign to them their duties.

(2)     The Registrar shall keep the Registers in accordance with the provisions of the Act and these rules. The Registrar shall be present at every meeting of the Council and the meetings of the other Committees of the Council, and shall take minutes at such meetings.

(3)     The Registrar, as Secretary of the Council shall conduct and have charge of the correspondence of the Council and shall issue all requisite notices in the manner required under these rules.

Rule - 47. Maintenance of Account Books and other Registers.

The Registrar shall maintain the following Books and Registers:-

(1)     Cash Book;

(2)     Ledger;

(3)     Inward and Outward Ledger including Postage Accounts;

(4)     Dead Stock Register;

(5)     Stock Register for printed Certificates;

(6)     Receipt Books;

(7)     Voucher Files;

(8)     Attendance Roll;

(9)     Register of Leave Accounts;

(10)   Registers required for the Provident Fund of the Council;

(11)   Service Books; and

(12)   Other Registers that may be necessary.

CHAPTER VI ACCOUNTS

Rule - 48. Opening of Bank Account.

An account shall be opened in the State Bank of India or any nationalised bank in Mumbai, in the name of the Council and all money of the Council shall be deposited in the Bank and shall be operated by the Registrar and President or Vice-President or any one of them.

Rule - 49. Receipt of money.

The Registrar shall receive or cause to be received all money payable to the Council. He shall not retain or cause to be retained in his hands or in the hands of the employee authorized by him to receive money, a sum exceeding rupees two thousand, the balance being lodged in the Bank to the credit of the Council.

Rule - 50. Annual statement of income and expenditure.

The Registrar shall in the month of July in each year prepare a statement of income and expenditure of the preceding financial year, and draw the attention of the Council to such matters as seem deserving of notice.

Rule - 51. Annual accounts and audit.

The annual accounts shall be made up by the Registrar under the direction of the Executive Committee. They shall be audited by the Chief Auditor, Local Fund Accounts, as soon as possible, after the closing of each financial year.

Rule - 52. Estimate of revenue and expenditure.

(1)     In the month of February in each year, an estimate of the revenue and of the expenditure of the Council for the year commencing on 1st April then next ensuing, shall be laid before the Council.

(2)     Such estimate shall make provision for the fulfilment of the liabilities of the Council and for effectually carrying out its objects. It shall include all its revenue side besides all revenue ordinarily anticipated, all fees received from registration and other sources.

(3)     The Council shall consider the estimate so submitted to it and shall sanction the same without modifications or subject to such modifications as it may deem fit.

Rule - 53. Supplementary estimates.

The Council may at any time during the year for which any estimate has been sanctioned cause a supplementary estimate to be prepared and submitted to it. Every such supplementary estimate shall be considered and sanctioned by the Council in the same manner as if it were an original annual estimate. No expenditure shall be incurred by the Council which is not duly provided for in the budget or in a supplementary budget estimate.

Rule - 54. Scrutiny of claims.

A bill or voucher presented as a claim for money shall be received and examined by the Registrar. If the claim is for a sum not exceeding rupees of one thousand and the bill is in order, the Registrar shall pay it. If the claim is for a sum exceeding of rupees one thousand but not exceeding rupees two thousand the payment shall not be made after the claim is sanctioned by the President. If the claim is for a sum exceeding rupees two thousand the payment shall not be made until it has been examined and passed by the Committee.

Rule - 55. Accounting of all sums received or spend.

The Registrar shall immediately bring into account in the cash book all money received or spend by the Council.

Rule - 56. Donations.

The Council is authorized to receive the donations for the purposes of its expenses, benefactions and contributions from private persons and bodies, proceeds of the sale of reports and other publications. 

CHAPTER VII REGISTRATION

Rule - 57. Form of Register.

(1)     The Registrar shall maintain a Register of Acupuncture Practitioners and Acupuncture Personnel in FORM VI. The Register shall be divided in three parts namely Part-A, Part-B consisting of names of and other information about Acupuncture Practitioners and Part-C consisting of names of and other information about Acupuncture Personnel.

(2)     (a) Every person possessing qualifications specified in sub-section (3) of section 20 shall be entitled to have his name registered in Part - A of the Register.

(b) Every person possessing qualifications specified in sub-section (4) of section 20 or has qualified the Eligibility Test held or caused to be held by the Council for registration as Acupuncture Practitioner shall be entitled to have his name registered in Part - B of the Register.

(c) Every person who has qualified the eligibility test or caused to be held by the Council for registration as Acupuncture personnel; or possesses a diploma or a certificate in Acupuncture personnel awarded by the Council shall be entitled to have his name registered in Part - C of the Register.

Rule - 58. Application for registration.

The process of registration through online shall be made available on the Councils website. The application for registration shall be in FORM VII. The printout of application filled in online shall be submitted by the applicant along with the recent passport size photograph, certificate of acupuncture qualification acquired and Higher Secondary School Certificate and Secondary School Certificate and School Leaving Certificate or college Leaving Certificate. The applicant should have been reasonably attested towards showing the photograph from the principal of the institute where the acupuncture course has been completed or attested from the Executive Magistrate and attached with the application.

Rule - 59. Verification of qualification.

(1)     The Registrar shall verify the authenticity of the attested certificates on seeing the original certificates and admit the application for registration.

(2)     The Registrar shall write to the concerned University or Examination Board which has awarded the qualification to the applicant for verification of qualification certificate.

(3)     In case from the report received from the concerned University or Examination Board it reveals that the qualification certificate submitted by the applicant is fake, the Registrar shall inform the concerned police authorities for taking necessary action against that person.

Rule - 60. Registration fee and verification fee.

(1)     The Acupuncture Practitioner shall have to pay a registration fee of rupees seven thousand and verification fee of rupees three thousand for registering his name in the Register for the first time.

(2)     Any person entitled to have his name registered as Acupuncture Personnel shall pay a registration fee of rupees five hundred.

Rule - 61. Certificate of registration.

(1)     The certificate of registration to be given to every Acupuncture Practitioner eligible to be registered under sub-section (3) of section 20 of the Act, under sub-section (4) of section 20 of the Act shall be in FORM VIII.

(2)     The certificate of registration to be given to Acupuncture Personnel eligible to be registered under sub-section (5) of section 20 of the Act shall be in FORM VIII.

(3)     The certificate of registration shall be valid for five years.

Rule - 62. Duplicate registration certificate.

In the event of a certificate of registration issued under these Rules lost or destroyed, the holder may at any time during which such certificate is in force, apply to the Registrar for a fresh certificate and the Registrar may, if he thinks fit on satisfactory proof as to the identity of the applicant, i.e. after certifying the photograph of registered Acupuncture Practitioner or Acupuncture Personnel and affidavit made before the Executive Magistrate and a copy of complaint lodged with the concerned police station, issue duplicate certificate on payment of a fee of rupees one thousand. The certificate issued under this sub-rule shall be marked as "DUPLICATE" at the right hand corner. A fee of rupees one thousand shall be paid to the Council online.

Rule - 63. Identity Card.

The Registrar shall issue identity card under his signature to every registered Acupuncture Practitioner and Acupuncture Personnel in FORM IX.

Rule - 64. Renewal of registration.

(1)     Every registered Acupuncture Practitioner or Acupuncture Personnel who is holding a certificate of registration shall, prior to three months before the date of expiry of a registration, apply for renewal thereof in the FORM X alongwith the renewal fee of rupees five hundred only.

(2)     The registered Acupuncture Practitioner or Acupuncture Personnel, who fails to apply for renewal of his registration within the period specified above may apply in the FORM X along with the late fee of rupees one thousand for every month till the date of renewal of registration.

(3)     A certificate of Registration shall not be renewed unless the registered Acupuncture Practitioner or Acupuncture Personnel submits the certificates of obtaining such number of credit hours (as per continuous education in acupuncture) as may be determined by the Council, from time to time.

Rule - 65. Additional Qualification.

(1)     An application for registration of additional qualification shall be made in FORM XI. After approval of Council, the applicant shall pay a fee of rupees two thousand online, and the attested true copies of the documents of the qualification sought to be added.

(2)     On registration of the additional qualifications under sub-rule (1), the Registrar shall grant such a certificate to that effect in FORM XII.

Rule - 66. Certified copies of entries in Register.

The Certified copies of entries contained in the Register may be issued to any person applying therefor on payment of rupees five hundred for each entry.

Rule - 67. Change of name.

An application for change of name shall be made by registered Acupuncture Practitioner or Acupuncture Personnel himself, and shall be accompanied by a fee of rupees one thousand and also an affidavit sworn before a Magistrate stating that the applicant is the same person whose name is registered with the particular number and the circumstances for which the change is sought. In case of change of name after marriage, the applicant shall submit an application along with a copy of marriage certificate or affidavit or a Government Gazette.

Rule - 68. Change of address.

It shall be duty of every registered Acupuncture Practitioner or Acupuncture Personnel who changes his address to intimate the fact to the Registrar within one month after such change. In the event of failure to give intimation about the change in address by a registered Acupuncture Practitioner or Acupuncture Personnel, change in address shall be made in the record of Register on payment of a fee of rupees five hundred. 

CHAPTER VIII INQUIRIES

Rule - 69. Complaints against registered Acupuncture Practitioner or Acupuncture Personnel.

(1)     The Council may suo-motu or on any complaint made to it in that behalf hold an inquiry regarding the alleged misconduct of any registered Acupuncture Practitioner or Acupuncture Personnel for the purposes of section 22 of the Act.

(2)     Any complaint or information received in the office of the Council about the alleged misconduct of any registered Acupuncture Practitioner or Acupuncture Personnel shall be submitted by the Registrar to the President.

(3)     No complaint shall be entertained unless it is in writing addressed to the Council and signed by the person making it, and shall state the grounds of the complaint, and shall be accompanied by the declaration as to the facts of the case. All anonymous complaints may be disregarded.

(4)     Every declaration shall state the description and true place of abode of the declarant, and where a fact stated in a declaration is within his personal knowledge, the source of information, and grounds for the belief of the declarant, in its truthfulness shall be accurately and fully stated. Any declaration or part thereof which is made in contravention of these rules shall not be accepted as evidence.

(5)     If the President has reason to believe that a complaint is pseudonymous, he may call upon the complainant to furnish further particulars, for ascertaining whether the complaint is genuine.

Rule - 70. Procedure for submission of complaint to the Committee.

(1)     Subject to the provisions of rule 69, the President may, on going through the complaint and all the papers submitted by the complainant, along with the complaint instruct the Registrar to ask the Acupuncture Practitioner or Acupuncture Personnel by means of a registered letter for any explanation he may have to offer.

(2)     All the documents pertaining to the complaint including any explanation forwarded by the registered Acupuncture Practitioner or Acupuncture Personnel shall then be referred to the Executive Committee along with the remarks of the President, if any.

Rule - 71. Power of the Executive Committee to refer complaint to Council.

(1)     The Executive Committee shall consider the complaint, and may cause further investigation to be made and may take such legal advice by consulting any legal assessor as it may deem fit.

(2)     If the Executive Committee is of the opinion that a prima-facie case is not made out and that the case should therefore be filed or that the circumstances of the case suggest that a warning to the Acupuncture Practitioner or Acupuncture Personnel, as the case may be, would be adequate, or that the case is one where the name of the Acupuncture Practitioner or Acupuncture Personnel, as the case may be, shall be removed from the Register, the Committee shall record its findings accordingly, and direct the Registrar to take steps for having the case heard and determined by the Council.

Rule - 72. Procedure for referring case to Council.

(1)     Where the Executive Committee is of the opinion that the case should be filed or that a warning would be adequate, the Executive Committee may require the Registrar to call, by a letter sent by registered post, for an explanation of the registered Acupuncture Practitioner or Acupuncture Personnel, as the case may be, if any, within a period of fifteen days of the date of receipt of the letter.

(2)     After the expiry of the time limit referred to in sub-rule (1), all the papers of the case including an explanation, if any, of the registered Acupuncture Practitioner or Acupuncture Personnel, as the case may be, shall be referred to the Council.

(3)     On receipt of the paper under sub-rule (2), the Council shall consider and may decide,

(a)      to file the papers,

(b)      to exonerate the registered Acupuncture or Acupuncture Personnel, as the case may be, of the charge; or

(c)      to direct and inquiry to be held as laid down in rules 69 to 81.

Rule - 73. Cases in which Council to hold inquiry, power of Council to appoint assessor.

(1)     In all cases in which an inquiry for the purposes of section 22 is necessary, an inquiry shall be held by the Council in accordance with the procedure prescribed in rules 69 to 81; and for that purpose the Council may appoint an assessor to advise it as provided in sub-section (5) of section 22 of the Act:

Provided that, such inquiry shall not be necessary in cases where a registered Acupuncture Practitioner or Acupuncture Personnel, as the case may be, has been convicted for misconduct by the Competent Court. In such cases, the President shall obtain and place before the Council, a copy of the court judgment and the Council shall thereupon decide to refuse registration or removal from Register under section 22 of the Act.

(2)     An assessor appointed shall be paid a remuneration of rupees two thousand per day for attendance at an inquiry.

Rule - 74. Notice of charges on registered Acupuncture Practitioner or Acupuncture Personnel.

(1)     The President shall cause to be served on the registered Acupuncture Practitioner or Acupuncture Personnel, as the case may be, a notice. Such notice shall specify the nature and particulars of the charges and shall inform him of the day on which the Council intends to deal with the case, and shall call upon the Acupuncture Practitioner or Acupuncture Personnel, as the case may be, to put in his written statement of his defense within a period not less than fifteen days or such other period not exceeding thirty days as may be permitted by the Council, and to attend before the Council on such day. The notice shall be sent three weeks before the date of inquiry. Such charge shall be drawn clearly and precisely.

(2)     The notice shall be accompanied by a statement of allegations on which each charge is based. The relevant allegations as to facts, the inferences which they lead to, and the circumstances supporting such inferences shall be clearly mentioned along with any other circumstances proposed to be considered while passing orders in the case.

(3)     Copies of the relevant documents, if any (including any document given or sent to the Council by or on behalf of the other party, which such other party shall be entitled to use at the hearing as evidence in support of or in answer to the charge specified in the notice of inquiry), shall also be supplied to the registered Acupuncture Practitioner or Acupuncture Personnel, as the case may be, along with the notice and statement of allegations.

(4)     Copies of any other documents or statements required by such registered Acupuncture Practitioner or Acupuncture Personnel, as the case may be, to prepare his defense may also be supplied to him on request or he may be allowed to take copies thereof.

Rule - 75. Reply to notice.

The registered Acupuncture Practitioner or Acupuncture Personnel, shall within the time specified in the notice or such extended period as is permitted by the President, put in written statement of his defense, and state whether he desires to be heard in person by the Council.

Rule - 76. Copies of complaint, written statement and documents to be supplied to members.

Copies of all material documents including written statement of the Acupuncture Practitioner or Acupuncture Personnel's, defence, if any, which is placed before the Council as evidence in regard to the case shall be supplied to all members of the Council before the hearing of the case commences.

Rule - 77. Legal assistance at inquiry.

At the hearing of the case by the Council, the Council may be assisted by any legal assessor and the complainant, if any and the registered Acupuncture Practitioner or Acupuncture Personnel may also be represented or assisted by his legal practitioner.

Rule - 78. Procedure of Inquiry.

(1)     Where a complainant appears personally or is represented by a legal practitioner, the following procedure shall be followed, namely:

(a)      The Registrar shall read first the notice of inquiry addressed to the Acupuncture Practitioner or Acupuncture Personnel, before the members of the Council or member of the Executive Committee, as the case may be.

(b)      The Acupuncture Practitioner or Acupuncture Personnel, shall then be invited to state his case by himself or by his legal practitioner to produce his evidence in support of it. He may address the Council either before or at the conclusion of his evidence.

(c)      At the conclusion of the Acupuncture Practitioner's or Acupuncture Personnel's, case the Council shall, if the Acupuncture Practitioner or Acupuncture Personnel, has produced evidence, hear the complainant in reply on the case generally, but shall hear no further evidence except in any special case in which the Council may think it right to receive such further evidence. If the Acupuncture Practitioner or Acupuncture Personnel, produces no evidence, the complainant shall not be heard in reply, except by special leave of the Council.

(d)      Where a witness is produced by any party before the Council, he shall be first examined by the party producing him, and be cross examined by the opposite party and then The Council reserves to itself the right to decline to admit in evidence any declaration where the declarant is not present or declines to submit to the cross-examination.

(e)      The President and Committee Member and the assessor, if any, may put questions to the complainant and the concerned registered Acupuncture Practitioner or Acupuncture Personnel including any of their witnesses. The members of the Council, through the President, may likewise put questions to the complainant and the concerned registered Acupuncture Practitioner or Acupuncture Personnel.

(2)     Where there is no complainant or no complainant appears, the following procedure shall be followed, namely:

(a)      The Registrar shall first read over the notice of inquiry addressed to the Acupuncture Practitioner or Acupuncture Personnel, before the members of the Council or members of the Committee, as the case may be, and shall state the facts of the case and produce before the Council the evidence by which it is supported.

(b)      The Acupuncture Practitioner or Acupuncture Personnel, shall then be invited to state his case by himself or by his legal practitioner to produce his evidence in support of it. He may address the Council either before or at the conclusion of his evidence.

(c)      The legal assessor of the Council, if any, may be heard in reply if the Council so desires.

Rule - 79. Record of proceedings of inquiries.

The Registrar shall keep a record of the proceedings of the inquiry held under these Rules including the evidence of each witness.

Rule - 80. Power of Council to give further opportunity to Acupuncture Practitioner or Acupuncture Personnel, to make statement.

Notwithstanding anything contained in rule 78, after completion of the inquiry the registered Acupuncture Practitioner or Acupuncture Personnel, as the case may be, shall be given a further opportunity of making any oral or written statement. Copies of such evidence as are required by the registered Acupuncture Practitioner or Acupuncture Personnel, as the case may be, for making such statement shall be supplied to him.

Rule - 81. Decision of Council and its implementations.

As soon as the hearing of the case is over and the registered Acupuncture Practitioner or Acupuncture Personnel, as the case may be, has made his oral or written statement, if any, the Council shall deliberate thereon in private and at the conclusion of the deliberation, the President shall pronounce the decision immediately thereafter or at any time thereafter in terms of section 22 and thereupon the President shall direct the Registrar to implement the decision after the parties concerned are informed of the same by the Registrar.

Rule - 82. Return of registration certificate.

If upon enquiry, the Council has removed the name Acupuncture Practitioner or Acupuncture Personnel, as the case may be, from the Register, the registration certificate issued by the Council to such Acupuncture Practitioner or Acupuncture Personnel, shall be returned by him to the Council.

Rule - 83. Re-entry of name of Acupuncture Practitioner or Acupuncture Personnel, in Register.

(1)     Every application for re-entry of name of the Acupuncture Practitioner or Acupuncture Personnel, as the case may be in the Register shall be in FORM XIII and specify the grounds on which the application is made. Every such application shall be accompanied by the statement of the Acupuncture Practitioner or Acupuncture Personnel, as the case may be, made on the stamp paper of rupees five hundred that he has not done any practice or professional misconduct from the date of removal of his name to the date of application as well as the certificate of any Gazetted Officer or Executive Magistrate of the State Government who knows such applicant regarding his conduct from removal of his name.

(2)     The President shall cause such inquiries to be made as he deems fit in respect of the application and place it before the Council at its next meeting for decision.

(3)     The decision of the Council shall be communicated to the applicant and if the Council agrees to re-enter the name of the applicant Acupuncture Practitioner or Acupuncture Personnel, as the case may be in the Register, a fee of rupees three thousand which shall be paid by the Acupuncture Practitioner or Acupuncture Personnel, as the case may be, before him name is re-entered in the Register by the Registrar. 

CHAPTER IX APPEALS

Rule - 84. Appeals.

Any person whose application for registration is refused or if the name of any registered Acupuncture Practitioner or Acupuncture Personnel, as the case may be, has been removed from the Register on the ground of professional misconduct or on any other ground, the concerned Acupuncture Practitioner or Acupuncture Personnel, as the case may be, may file an appeal to the State Government within the period of sixty days from the date of the order of the council, in FORM XIV Every appeal shall be accompanied by a fee of rupees five hundred.

CHAPTER X COMMON SEAL

Rule - 85. Custody of seal.

The common seal of the Council shall be kept in the safe custody of the Registrar.

Rule - 86. Affixing of seal.

(1)     The seal shall be affixed only by the order of the Council or, when the Council is not sitting, by order of the Executive Committee, but its use by such Committee shall be limited to such acts as may be necessary to carry into effect the powers delegated and duties entrusted to it by the Council.

(2)     Any order for affixing the seal shall state the object of its use, and shall be entered in the minutes of the Council or minutes of the Executive Committee or other Committees.