The Assam Yoga Council Act, 2018
###### Registered No.-768/97

### THE ASSAM GAZETTE

###### ~~c:t

 EXTRAORDINARY
 ett~ <fS{~~ ~ ~
 PUBLISHED BY THE AUTHORITY

"if~ 182 fWxt~. llbtG4<11~, 10 ~~. 2018, 20 D"'\!;, 1940 ~)

###### No. 182 Dispur, Tuesday, 10th April, 2018, 20th Chaitra, 1940 (S.E.)

 GOVERNMENT OF ASSAM

 ORDERSBYTHEGOVERNOR

 LEGISLATIVE DEPARTMENT::: LEGISLATIVE BRANCH:: DISPUR

 NOTIFICATION

 The 6th April, 2018

 No. LGL. 81/2017/9.- The following Act of the Assam Legislative Assembly

,, which received the assent of the Governor on 31st March, 2018 is hereby published for
###### general information.

 ASSAM ACT NO. VII OF 2018 (Received the assent of the Governor on 31st March, 2018)

 THE ASSAM YOGA COUNCIL ACT, 2018


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###### 886 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018

 AN

 ACT

 to provide for the development of the Yoga and to regulate the teaching and practice thereof In the State of Assam and the matters connected therewith or

_incidental thereto ._

Preamble Whereas, it is expedient, in the public interest, to provide for the

development of the Yoga Council and to regulate the teaching and practice

thereof and to deal with certain other matters connected therewith

###### or incidental thereto; It is hereby enacted in the Sixty-ninth Year of

the Republic of India, by the legislature of Assam, as follows:-

Short title, extent 1. (1) This Act may be called the Assam YOGA COUNCIL ACT,2018.
and commencement: (2) It extends to whole of Assam.

(3) It shall come into force on such date as the State

Government may, by notification in the Official Gazette,

appoint.

Defl"itlons: 2. In this Act, unless the context otherwise requires,-

(a) "Accreditation" means the recognition granted to

educational institutions and hospitals to signtfy the

attainment of an acceptable I eve I of professional

expertise, academic quality and integrity;

(b) "Competent Authority" means the Assam Yoga Council,

which shall grant registration and accreditation under

this Act and the rules made here under and shall have
###### the authority to conduct inspections and evaluation

visits for the purpose;

(c) "Council" means the Assam Yoga Council constituted

under section 3;

(d) "Hospital" means a Yoga and Naturopathy Hospital with

minimum of ten in-patient beds and an out-patient

department;

###### (e) "Institution" means·-

(i) Medical college conducting the Bachelor of

Naturopathy and Vogle Sciences {BNYS} Course

###### and Post-graduate Courses;

 (ii) Yoga based treatment institution; and

 (iii) Research institute on yoga;

 {iv) Universities conducting Bachelor DElgree, Master degree and Research In Yogic science and

Naturopathy.


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###### THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018 887

(f} "Member" means a member of the Council;

(g) "Practitioner" means a person who practices Yoga as his

J1rlnclpal occupation;

###### (h) "Prescribed" means prescribed by rules made under this Act;

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

###### 0) "Register" mean the Register of Yoga practitioners

maintained under this Act;

(k)"Registered Yoga Practitioner" means a Yoga Practitioner

registered under the provisions of this Act and the rules

made there under;

(I) "Registrar" means the Registrar of the Council and shall be

deemed to be the Registrar for all purposes of this Act;

(m) "Registration" means the registration of Yoga

Practitioners under this Act;

(n} "Regulations" means the regulations made by the Council

under this Act;

(o)"Rules" means the rules made by the State Government

under this Act;

(p) "Teacher" means any person appointed to hold a teaching

post by a Yoga institution affiliated to, or recognized by

the Council;

(q) "Vice-President" means the Vice-President of the Council;

(r) "Yoga" means _a_ set of physical, mental and spiritual

practices for holistic enhancement of health, generally

based on the principles as prescribed in _Yoga_ _Sutra_ by

Patanjali.

Constitution 3. As soon as may be after the commencement of this Act, the State
###### of the Council Government shall, by notification in the Official Gazette, establish
 a body corporate with perpetual succession and a common seal

named the Assam Yoga Council. The Council shall be entitled, to

acquire and hold movable and immovable property, to transfer

such property, to enter into contract and to do all things

necessary for the purposes of this Act and shall by its name sue

###### and be sued.

Composition 4. (1) The Council shall consist of the following members:
of the Council {a) A President nominated by the State Government;

(b) A Vice-President nominated by the State Government;

(c) Three members nominated by the State Government of

whom two shall be registered Yoga Practitioners;


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###### 888 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018

(d} One member nominated by the Vice-Chancellor of the

Srimanta Sankaradeva University of Health Sciences, Assam;

(e) The Principal of the State Yoga College, _ex-officio;_ when such

college is established;

(f) The head of the Yoga Research Institute ex-officio, when such

Institute is established

###### (Provided that until the institutions referred to in clauses (e) and (f) are established, the Principals or head of existing similar institutions or other suitable persons may be nominated by the State Government;)

(g) Three members who _are_ citizens of India, elected from such

constituencies and in such manner as may be prescribed, by the

registered Yoga Practitioners from among themselves.

(2) Notwithstanding anything contained in this Act, on the first

constitution of the Council after its establishment, all the

members of the Council shall be nominated by the State

Government. and the State Government shall also nominate the

President and the Vice-President.

Power of State 5. If the nominating authority referred to in clause (d) of sub-
Government section (1) of section 4, or the electoral body referred to in
to nominate members clause (g) of the said sub-section, fails by the prescribed date, to
in certain

nominate or elect the requisite number of member or members

circumstances

which such authority or body is entitled to nominate or elect,

the State Government shalt fill up the office of such member or

members by nomination of a person or persons qualified to be

nominated or elected by such authority or body. Any person so

nominated by the State Government shall be deemed to have

been duly nominated or elected as a member by such authority

###### or body.

Disqualification 6. A person shall be disqualified for being nominated or elected as a
for nomination member of the Council, if:

or election (a) He has been convicted of any offence involving moral

turpitude;

(b) He is an un-discharged insolvent;

(c) He has been adjudged by a competent court to be of unsound

mind;

(d) He is an employee of the Council;

(e} He has directly or indirectly any share or interest in any

contract with, by or on behalf of the Council;

(f) He has been dismissed from the service of the Central

Government or a State Government or a local authority _on_ a

charge of gross misconduct for an offence involving moral

turpitude;


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###### THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018 889

(g) He is a person under the age of 25 years.

###### Publication of names 7. The name of every member nominated or elected under section 4
of members:

###### or section 5 shall be published by the State Government in the

Official ,Gazette.

Cessation of 8. A person shall cease to be a member of the Council,-
membership ( a) If, without obtaining the permission of the Council, he is

absent from three consecutive meetings of the Council; or

(b) If, having been nominated or elected as a registered Yoga

practitioner, he ceases to be such a registered practitioner; or

{c) If he becomes subject to any of the disqualifications referred

###### to in section 6.

Filling of casual 9. (1) If any member dies or resigns his office or ceases to be a

vacancies member for any other reason, the vacancy shall be filled up

within six months by a fresh nomination or election under

section 4 or section 5, as the case may be, and the member so

nominated or elected shall hold office for the unexpired

period of the term of office of the member whose place he

fills.

(2) If any member referred to in clauses (b) to (f) of sub-section

(1) of section 4 is nominated as President or Vice-President, as

the case may be, there shall be a vacancy in that membership

which shall be filled up under sub-section (1) of this section.

Term of office 10. (1) Subject to the provisions of section 9, the term of office of the
of Members members nominated or elected under section 4 or section 5

shall be for five years commencing from the date of the first

meeting of the Council after its first constitution or any

subsequent periodical reconstitution, as the case may be.

(2) The term of five years referred to in sub-section (1) shall be
held to include any period which may elapse between the

expiry of the said period of five years and the date of the first

meeting of the Council following its reconstitution at which a

quorum is present.

Resignation 11. The President, the Vice-President or a member may resign his

office by writing under his hand addressed to the State

Government, of which he shall send a copy to the Council.

###### The President 12. (1) The President shall hold office for the period mentioned in

section 10 or until his successor is nominated, whichever is later.

(2) If the President dies or resigns his office or ceases to hold

office, the State Government shall nominate another person as

President and such President shall hold office for the unexpired

period of the term of office of the former President in whose

place he is so nominated.


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###### 890 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018

{3) In the event of occurrence of any vacancy in the office of the

President under sub-section (2), the Vice-President shall

discharge the functions of the President until a new President is

nominated.

(4) When the President is unable to discharge the duties of his

office owing to absence, illness or any other cause, the Vice-

President shall discharge the functions of the President until the

date on which the President resumes his duties.

The Vice President 13. (1) The Vice-President shall hold office for the period mentioned

in section 10.

(2) If the Vice-President dies or resigns his office or ceases to hold

office, the State Government shall nominate another Vice-

President in such manner as may be prescribed, and such Vice-

President shall hold office for the unexpired period of the term of

office of the former Vice-President whose office he fills.

Executive Committee 14. (1) The members of the Council shall constitute from amongst

themselves an Executive Committee to perform such functions,

discharge such duties and exercise such powers as may be

delegated to it by the Council.

(2) The Executive Committee shall consist of the President, the

Vice-President, and five other members elected by the members

###### of the Council in the prescribed manner from among themselves.

(3) The President and the Vice-President of the council shall be

the President and the Vice-President, respectively, of the
Executive Committee.

(4) The term of office of an elected member of the Executive

Committee shall be two years from the date of his election, but,

subject to his being a member of the Council, and he shall also be

eligible for re-election to the Executive Committee.

(5) No business shall be transacted at any meeting of the _

Executive committee unless a quorum of three members is

present.
(6) The Council may, subject to the approval of the State

Government, appoint one or more committees consisting of

members of the Councilor outsiders or both, on such terms as

may be approved by the State Government, for the purpose of

advising it on such matters as it deems necessary, and may

appoint, for any such committee, a convener who shall convene

the meeting of the said committee and one of the members of

the committee shall preside over the meetings of such

committee.
(7) The Council may make regulations for conduct of the business
###### of the Executive Committee and also of the other committee

appointed by it.


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###### THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018 891

Meetings 15. (1) The Council shall hold its meetings at such intervals and at

such places as may be provided by regulations.

(2) No business shall be transacted at any meeting of the Council

unless a ·quorum of five members is present.

(3) Save as provided in sub-section (2) of section 23, all questions

arising at any meeting shall be decided by votes of the majority of

the members present and voting, and, in the case of an equality

of votes, by the casting vote of the President or, in his absence of

the Vice-President and in case both are absent, of the member

presiding at the meeting.

Expenses to be paid 16. The Council shall pay to its President, Vice-President and

to members and members and other persons appointed by it to any committee

other persons

referred to in .section 14, such expenses for attending meetings of

the Council, Executive Committee of the Council and of such

committee, including such travelling expenses for journeys

undertaken in performance of the duties as may be prescribed .

Powers of Council 17. The Council shall have the following powers:-

(1) To grant affiliation and accreditation to institutions teaching

the Yoga Council or to withdraw such affiliation and accreditation

after giving the authorities of institution an opportunity to show

cause against the action proposed to be taken, and to call on the

authority of any such institution or of an institution applying for

affiliation and accreditation to furnish within such period as may

be specified, such reports, returns or other information as the

Council may require to judge the efficiency of the institution:

Provided that such affiliation and accreditation will be

granted or withdrawn by the Council with the consent of the

State Government;

(2) To establish standard and accredited Yoga Institution for

development and expansion of this system of medicine

throughout the State;

(3) To confer registration on the institutionally qualified

professional practitioners under this Act;

(4) To confer registration to other Yoga Practitioners fulfilling the

terms and conditions as laid down in this Act;

(S) To provide by regulations, courses of study for different

classes of registrations of Yoga Practitioners;

(6) To exercise general supervision over the residential and

disciplinary arrangements made by the insbtutions affiliated and

accredited with the Council and arrangements for promoting the

health and general welfare of the students of such institutions;

(7) To acknowledge the University about the grant of affiliation to

all institution and hospital, teaching students and treating


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###### 892 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018

patients under the Yoga Council or the withdrawal or suspension

of affiliation and accreditation of such an institution;

(8) To appoint, on such terms as the Council may, with the

previous sanction of the State Government, determine, such

number of inspectors for the inspection of institutions teaching

the Yoga Council as the Council may deem fit;

(9) To advise the State Government and the University in the

matter of research in Yoga Council;

(10) To confer honorary degree on Yoga Practitioners of

extraordinary merit;

(11) To receive grants, donations, gifts and endowments;

(12) To frame and implement a coordinated scheme of public

health of the State, based on the Yoga Council, with or without

the addition of modern technique;

(13) To incur such expenditure, to adopt such measures and to do

such acts as may be necessary for the furtherance of the

objectives mentioned in this section;

(14) To perform such other functions as the State Government

may direct or the Council may decide for carrying out the

provisions of this Act.

Registrar and staff 18. (1) The Council shall, with the previous approval of the State

Government, normally appoint a Registrar. The Registrar shall

receive such salary and allowances as may be prescribed. The

Council may grant him leave and may appoint a person to act in

his place. Any person duly appointed to act as Registrar shall be

deemed to be the Registrar for all purposes of this Act.

(2) The Council shall have· power to suspend, punish, remove or

dismiss the Registrar from office on such grounds as may be

prescribed and subject to compliance of the natural justice:

Provided that any such order of the Council shall be subject

###### to appeal to the State Government.

{3) In case of any dispute or any exigency, the State Government

may appoint a Registrar of the Council, who shall be treated by

the Council as the Registrar for all purposes of this Act.

(4) The Council may appoint the officers and staff of the Council

as per organizational structure of the Council approved by State

Government. With prior approval of Finance (SIU) Department

through the administrative department. The salaries and

allowances of the officers and staff of the Council shall be as

determined by the State Government.

###### (5) The Registrar shall be the Secretary of the Council and of its

Executive Committee and other committees.


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###### THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018 893

(6) The Registrar, either appointed by the Council or by the State

Government, all officers and staff appointed by the Council shall

work uoder the direct control and supervision of the President, or

in his absence, of the Vice-President.

Register of registered 19. (1) The Council shall maintain a register of Yoga Practitioners in

Yoga Practitioners such from as may be prescribed.

{2) The Registrar shall from time to time make necessary entries

in the register in respect of the persons whose names are to be

registered, their qualifications and their addresses and may also

make such alterations or modifications therein as may be

required in consequence of any order passed by the Council.

(3) The Council Shall take appropriate actions on all adverse audit

observations made by the AG (Audit) and shall submit annual

report to Govt. on the action taken on such audit observations.

Council shall also manage its financial affairs with highest level of

financial propriety.

Persons entitled to be 20. (1) Every person who possesses a 5 years or 5 ~ years Degree in
registered

Naturopathy and Yogic Sciences (BNYS) or Master Degree in Yoga

and Naturopathy from any University set up by a statute shall,

subject to the provisions of this Act and on payment of such fee

as may be prescribed, be entitled to have his name entered in the

register for Class' A' registration.

(2) Every institutionally qualified professional practitioner

possessing a Bachelor degree in Yogic Sciences (BYSc.) in Yoga or

Post Graduate Diploma in Vogle Science (PGDYSc.) awarded by

any Government or Government recognized institution, subject to

the provisions of this Act and on payment of such fee as may be

prescribed, be entitled to have his name entered in the register

for Class 'A' registration.

! (3) In exceptional cases, Class 'A' registration may also be given

as a onetime measure to self-educated Yoga Practitioners who

are Post-graduates in any subject and who have at least 25 years

###### of working experience in a reputed and established Yoga Hospital

or College and who are not less than 45 years of age, on payment
###### of prescribed fee and subject to the provisions of this Act.

(4) In recognition of the fact that there is a significant number of

self-educated Yoga Practitioners, "Class B" registration may also

be given as a onetime measure to self-educated full time Yoga

Practitioners who are not institutionally qualified, and are not

less than 35 years of age and who have a minimum of 15 years of

full time proven clinical experience and who have passed Class XII


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###### 894 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018

or 10 + 2 from a State Board, the Central Board of Secondary

Education or the Council for the Indian School Certificate

Examinations subject to the provisions of this Act and on payment

###### of prescribed fee.

(5) Every person wh-0 has been registered under any Statutory
State Council or Board of Yoga and Naturopathy shall, subject to
the provisions of this Act and on payment of prescribed fee, be
granted registration in the same category as granted to him by
that State Council or Board.                           -

(6) Notwithstanding anything contained in sub-sections (3) and
(4), every person who, within a period of two years from the date

###### of commencement of this Act; produces proof that he has been in

regular practice for the prescribed period preceding such date

and has attained the minimum age-limit on the date of

application for registration, shall be entitled to have his name

entered in the register on payment of prescribed fee.

(7) The registrations under this section shall be done in

accordance with the provisions of this Act and the rules framed

there under and on payment of prescribed fee in every case.

Accreditation of 21. (1) The institutions including educational institution and hospitals
Institutions of Yoga shall be granted accreditation to signify the attainment of

acceptable level of professional expertise, academic quality and

integrity.

(2) The objectives of the accreditation of institutions are:

(i) To ensure that Yoga institutions offer safe, reliable and

quality medical and health care;

(ii)To ensure that institutions offering Yoga related Education

are of acceptable academic quality relevant to the health

care requirements of the country.

(3) Institutions desirous of being accredited should apply to the

competent authority in the pro forma prescribed with an

application fees as per norms of this Act and rules made there

under.

(4) The competent authority will grant accreditation after

conducting inspections and evaluation visits of the institution on

the basis of this Act and rules made there under and on payment

###### of prescribed fee.

Information of 22. (1) Every person who desires to have his name registered in the

applicant required for register shall submit to the Registrar an application in the
#### .
registration

prescribed form stating:

(i) Particulars of his qualification;

(ii) The period for which he has been in practice;

(iii) His date of birth to verify the attainment at minimum age-

limit; and


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###### THE ASSAM GAZETTE, EXTRAORDINARY,APRlL 10, 2018 895

(iv) His address which is to be his registered address.

(2) Every application under sub-section (1) shall be accompanied

with th.e prescribed _fee;_ such proof as may be nece~sary in

support of the qualification stated in the application and proof of

age wherever the minimum age-limit is prescribed.

Power of the Council 23. (1) The Council may, on being satisfied that a person possesses
to refuse registration requisite qualification, has paid the prescribed fee and has
or to remove name

attained the minimum age-limit prescribed wherever necessary,

from register in

direct the registration of his name and the Registrar shall

certain cases

thereupon make necessary entries In the register and grant him a

certificate of registration.

(2) The Council may refuse to permit the registration of, or direct

the removal from the register, the name of any person on the

following grounds:

(a) Who has been convicted of any offence involving moral

turpitude; or,

(b)Who has been convicted in any cognizable criminal

offence; or,

{c) Who has been after due enquiry by the Council found

guilty of any 'misconduct' by a majority of at least two-

thirds of the members of the Council; Provided that the

Council may direct the name of the Practitioner

(i) To be removed from the register for such

period as may be specified in the direction, or

(Ii) To be removed from the register without

specifying the period of such removal.

Renewal 24. (1) Every person whose name is entered in the register shall, for

the retention of his name in the register, pay to the Council for

every 5 years such renewal fee and at such time as may be

prescribed.

(2) Where the renewal fee is not paid by the due date, the
Registrar shall remove the name of the defaulter from register.

(3) On payrnent of the renewal fee, the Registrar shall, in the

prescribed manner, endorse the certificate of registration.

Entry of additional 25. If any person whose name is entered in the register obtains any
qualification qualification mentioned in the Schedule appended to this Act

other than the qualification in respect of which he has been

registered, he shall, on payment of such fee as may be prescribed,

be entitled to have such qualification entered against his name in

the register either in substitution for or in addition to any entry

previously made and the Registrar shall add to or amend the

entry accordingly.


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###### 896 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018

Appeal to the Council 26. If any person is dissatisfied with any decision of the Registrar
against decision of the

refusing to enter his qualification under section 25 in the register,

Registrar

he may, at any time, within ninety days from the date of such

decision, appeal to the Council in the prescribed manner and

decision of the Council shall be final.

CanceJlation of 27. Any entry in the register, which is proved to the satisfaction of

. fraudulent and

the Council to have been fraudulently or incorrectly made, may

incorrect entries

be cancelled under an order in writing of the Coundl.

Appeal to the State 28. An appeal shall lie to the State Government against any order of
Government against

the Council refusing to enter the name of a person in the register

the decision of the

###### or removing his name from the register, if filed within ninety days

Council

###### of the date of order, and the decision of the State Government
thereon shall be final:

Provided that the State Government shall dispose of the

appeal within a period of six months from the date of filing it.

Notice of death and 29. The Council may, on receipt of reliable information regarding the

removal of name from death of a person whose name is entered in the register, and on
register making such enquiry as it may think flt, direct the removal of his

name from the register and thereupon the Registrar shall cancel

the entry relating to such person.

Penalty on 30. If any person, whose name is not entered in the register, falsely

unregistered person pretends that it is so entered or uses, ill connection with his

representing that he name, any words or letters representing that his name is so

is registered

entered, he shall, whether any person is actually deceived by such

representation or not, be punishable, on conviction by a

Metropolitan Magistrate or a Magistrate of the First Class having

jurisdiction, with imprisonment which may extend to six months

or with fine which may extend to three thousand rupees or both.

Penalty for failure to 31. (1) If any person, whose name has been removed from the
surrender certificate register under subsection (2) of section 23, fails, without
of registration sufficient cause, forthwith to surrender his certificate of

registration, he shall be punishable with fine which may extend to

three thousand rupees.

(2) No cognizance of an offence punishable under this section
###### shall be taken except upon complaint made by an order of the

Council.

Prohibition of 32. (1) Except the Council, no person, association or institution, not
unauthorized

recognized by the Council, shall confer, grant or issue, or hold

conferment of

###### himself or itself or shall be entitled to confer, grant or issue, any

degree, diploma, etc.
and penalty for such degree, diploma, license, certificate or any other document
conferment stating or implying that the holder, grantee or recipient thereof is


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###### THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018 897

qualified to practice the Yoga and Naturopathy System of

Medicine.

(2) Any contravention of the provisions of sub-section (1) shall be

'
punishable with imprisonment which may extend to two years or

with fine which may extend to five thousand rupees or with both;

and if any association or institution is guilty of such

contravention, every member thereof, who knowingly or willfully

authorizes or permits the contravention, shall be punishable with

imprisonment which may extend to two years or with fine which

may extend to five thousand rupees or with both.

###### Penalty for improper 33. (1) No person shall use any letters or figures after his name or
assumption of Yoga implying that he possesses any degree, diploma, license, or

###### qualifications certificate as a Yoga practitioner unless such degree, d,iploma,

license or certificate has been conferred by a recognized or

affiliated institution of the Council, or is recognized by it with the

approval of the State Government.

(2) Whosoever contravenes the provisions of sub-section (1) shall

be punishable, on first conviction, with fine which may extend to

one thousand rupees, and on any subsequent conviction, with

fine which may extend to two thousand rupees.

Publication and use of 34. (1) The Registrar shall, from time to time, as occasion may
registration list require, on or before the date to be fixed in this behalf by the

Council, cause to be printed and published (provided that at least

twelve months shall have elapsed from the date of the last

publication) a correct list of the names for the time being entered

in the register and setting forth therein-

a) Names of all registered Yoga Practitioners arranged in

alphabetical order according to surname;

b) The registered address of each such person;

c} The registered qualifications of each such person and the

date on which each qualification was obtained; and

d) The date of birth of each such person.

(2) The Registrar shall, from time to time, as occasion arises,

cause to be printed and published a list supplementary there to,

containing additions and alterations in the register since the

publication of the list under sub-section (l}.

(3) Every court shall presume that any person whose name is

entered in the latest list printed and published under sub-section

(1), read with the latest list supplementary thereto, if any, printed

and published under sub-section (2) is duly registered under this


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###### 898 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018

Act, and that any person whose name is not so entered is not

registered under this Act:

Provided that In the case of any person whose name does

not appear in the latest list printed and published under sub-

section (1) read with the latest supplementary thereto, if any,

printed and published under sub-section (2), a certified copy of

the entry of the name of such person in the register, signed by

the Registrar, shall be the evidence that such a person is

registered under this Act.

Yoga Practitioners, 35. Except with the special sanction of the State Government, no
other than those

Yoga practitioner, other than a registered Yoga practitioner

registered under this

whose name is entered in the register, shall be competent to hold

Act, not eligible for

any appointment as a Medical Officer or Teacher in any Yoga

certain appointments

Institution, asylum, infirmary, dispensary set up under any law for

**the time** **being** **in** **force** **or** **in** **any** **Yoga** **educational institution** ~

which is recognized by the Council.

Control of 36. Subject to the provisions of any law for the time being in force
manufacture, storage

relating to instruments, the State Government shall have the

and sale of Yoga

power to regulate and control manufacture, storage and sale of

related Instruments

Yoga instruments and its modern advances by the grant of

licenses to manufactures, stockists and sellers on such conditions
###### as may be prescribed.

Bar of suit or other 37. No suit, prosecution or other legal proceedings shall lie in respect
legal proceeding of any act or thing done or omitted to be done ,in the exercise or

purported to be exercised of any power conferred by or under

this Act, on the State Government or the Council or the Executive

Committee or any committee appointed by the Councilor on the

Registrar.

Validation 38. No act or thing done by the Council, the Executive Committee or

a committee appointed by the Council shall be invalid merely on

the ground of any vacancy in or defect in the composition of, the

Council, the Executive Committee or such other committee.

Finance and audit 39. (1) All fees payable under this Act shall be paid to the Council.

(2) An account of all assets and liabilities of the Council and of all

fees, sums, grants, donations, gifts and endowments received by
###### it and of all expenses and disbursements incurred or made by it

shall be maintained in the prescribed manner.

(3) The account of the Council shall be entrusted to the AG

(Audit), Assam by the Health & FW Department and the Audit

report shall be submitted to the State Government and to the

Council for further appropriate actions.

Power to amend 40. The State Government may, by notrfication published in the
Schedule _Official Gazette, amend the Schedule appended to this Act._


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###### THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018 899

Power to make rules 41. (1) The State Government may, by notification published in the
###### Official Gazette, and with prior approval of Finance Department,

make rules for carrying out the purposes of the Act.

(2) In particular, and without prejudice to the generality of the

foregoing power, such rules may provide for all or any of the

following matters, namely,

(a) The election of members of the Council and members of

the Executive Committee;

(b)The functions to be performed by the President and the

Vice-President;

(c) The declaration of offences including moral turpitude and

misconduct;

(d)The fees payable under this Act;

.,

(e)The expenses to be made under section 16;

(f) The salaries and allowances to be paid to the Registrar,

the officers and staff;

(g) The procedure for applying for different classes of

registrations and granting registrations thereof;

(h)The procedure for affiliation and accreditation to the Yoga

Colleges and Institutions;

(i) The course prescribed for Bachelor of Naturopathy and

Yogic Sciences Degree;

###### 0) The manner in which the account referred to in sub-

section {2) of section 39 shall be maintained;

(k) The procedure to be followed by the Council in:

###### (i) Conduct.ing an enquiry under clause (c) of sub-

section (2) of section 23;

###### (ii) Disposing of appeals from the decision of the

Registrar preferred under section 26;

(I) the procedure for disposal of appeal made to the State

Government under section 26;

(m)Any other matter which may be or is required to be,

prescribed under this Act.

(3) Every rule made under this section shall be laid, as soon as

may be after it is made, before the State legislature, while it

is in session as may be after it is made, before the State

Legislature, while it is in session, for a total period of fourteen

days which may be comprised in one session or in two or

more successive sessions, and if, before the expiry of the

session immediately following the session or the successive


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###### 900 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018

sessions aforesaid, the State Legislature agrees in making any

modification in the rule or the State Legislature agrees that

the rule should not be made, the rule shall thereafter have

effect only in such modified form or be of no effect, as the

case may be; so, however, that any such modification or

annulment shall be without prejudice to the validity of

anything previously done under that rule.

Power to make 42. (1) The Council may, with the previous approval of the State

regulations Government, by notification published in the _Official Gazette,_

make regulations, not inconsistent with the provisions of this Act

and the rules made there under for discharging its functions

under this Act. ~

(2) In particular, and without prejudice to the generality of the

foregoing power, such regulations may provide for all or any of ,.

the following matters:

(a) The conduct of business of the Executive Committee

and of Committee appointed by the Council;

(b) The time and place at which each meeting of the

Council or Executive Committee shall be held;

{c) The issue of notices convening such meeting;

(d) The conduct of business thereat;

(e) Any matter for which power to make regulations is

conferred expressly or by implication on the Council
###### by this Act.

Control on Council by 43. If, at any time, it appears to the State Government that the
State Government Council has failed to exercise or abused a power conferred upon

###### it by or under this Act or has failed to perform a duty imposed

upon it by this Act, the State Government may, if it considers such

failure1 excess or abuse to be of a serious character, after giving

the Council an opportunity of being heard, notify the pa:ticulars

thereof to the Council, and if the Council fails to remedy such

failure, excess or abuse within such time as may be fixed by the

State Government in this behalf, the State Government may

dissolve the Council and cause all or any of the powers and duties
###### of the Council to be exercised and performed by such other

agency and for such period as it may think fit.


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|Col1|PART A I|
|---|---|
|SI. No. !--1.--+--B- 2.|Descrrption of the Qualifications. ' Name of the managing body or l authority granting or conferring _j ~ N_Y_S_(B_a_c_h_e_lo_r_o_f_N_a_t_u_ro_p_a_th_y_a__ n _d_Y_o_g_ic----+-F-r_o_m_a- ny University set up by a statute __ Sciences) S years or 5+1 years course in India. _ MNYS (Master of Naturopathy and Yogic ' Awarded by any Government Sciences)·3 years course the qualifications and Recognized University in India its location. I I I i|
|3 __ .___ ..|Bachelor in Yoga Sciences (BYSc) and Master Awarded by any Government __d_e_gr_e_e_i_n_v_o_g_a_a_n_d_n_a_t_ur_o_p_a_th_Y_·----- J --'-R_e_c_o_g_n_iz-ed_ u_n_ _iv _e_r_s1_tv_1_n_1_nd_i_a_ _~|


###### THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 10, 2018 901

THE SCHEDULE _(See section 25)_

###### Qualifications enabling a person to have his name entered in the Register

PART A

SI. No. Descrrption of the Qualifications. ' Name of the managing body or I

authority granting or conferring l
###### I

!--1.--+--B-N_Y_S_(B_a_c_h_e_lo_r_o_f_N_a_t_u_ro_p_a_th_y_a __ n_d_Y_o_g_ic----+-F-r_o_m_a- ny University set up by a statute ~

Sciences) S years or 5+1 years course in India. ___
# _j

2. MNYS (Master of Naturopathy and Yogic ' Awarded by any Government I

Sciences)·3 years course the qualifications and Recognized University in India j

###### its location. I I
I
i

###### 3 Bachelor in Yoga Sciences (BYSc) and Master Awarded by any Government I

.___ __ ..__d_e_gr_e_e_i_n_v_o_g_a_a_n_d_n_a_tu_r_o_p_a_th_Y_·-------'-R_e_c_o_g_n_iz-ed_ u_n __ iv_e_r_s1_tv_1_n_1_nd_i_a __ ~J

###### PARTB
 Every person possessing any qualification not mentioned in Part A on the basis of which his

 name has been registered in the Yoga Board or Council established by any State Government

 within the Indian Union.

 S. M. BUZAR BARUAH,
 Commissioner & Secretary to the Government of Assam, Legislative Department, Dispur, Guwahati-6

,..

Guwahati :- Printed and Published by the Dy. Director (P & S), Directorate of Printing & Stationery, Assam, Guwahati-21.
Ex. Gazette No. 363 - 400 + 10 - 10 - 04 - 2018. (visit at-www.dpns.assam.gov.in)


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