West Bengal State Ayurvedic Health Service Act, 2002

GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative

No. 1252-L Dated 1st August. 2002.

NOTIFICATION

West Bengal Act XI of 2002
THE WEST BENGAL STATE AYURVEDIC HEALTH SERVICE ACT, 2002.

An Act to provide for the regulation of the recruitment, and conditions of service of persons appointed, to the State Ayurvedic Health Service.

Whereas it is expedient, in the public interest, to regulate the recruitment, and the conditions of service of persons appointed, to the State Ayurvedic Health Service;

It is hereby enacted in the Fifty-third Year of the Republic of India, by the Legislature of West Bengal, as fellows:-

1. Short title and commencement.

(1) This Act may be called the West Bengal State Ayurvedic Health Service Act, 2002.

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

2. Definitions.

In this Act, unless the context otherwise requires,-

(a) “Cadre” has the same meaning as in clause (a) of section 2 of the West Bengal State Health Service Act, 1990;

(b) “notification” means a notification published in the Official Gazette;

(c) “prescribed” means prescribed by rules made under this Act;

(d) “Service” means the State Ayurvedic Health Service;

(e) “State Ayurvedic Health Service” means the West Bengal Ayurvedic Education Service, or the West Bengal Ayurvedic Health Service, as constituted under section 3 of this Act.

3. Constitution of State Ayurvedic Health Service.

With effect from such date as the State Government may, by notification, appoint in this behalf, there shall be constituted the following State Ayurvedic Health Service and different dates may be appointed for different Service, namely:-

(1) the West Bengal Ayurvedic Education Service;

(2) the West Bengal Ayurvedic Health Service.

4. Transfer from one service to another.

(1) No person appointed to the West Bengal Ayurvedic Education Service shall be transferred to the West Bengal Ayurvedic Health Service:

Provided that any person holding a teaching post in the basic level in the West Bengal Ayurvedic Education Service may exercise an option for the West Bengal Ayurvedic Health Service on such terms and conditions as may be prescribed.

(2) No person appointed to the West Bengal Ayurvedic Health Service shall be transferred to the West Bengal Ayurvedic Education Service.

(3) Any person appointed in the administrative job having the minimum qualification as prescribed for the posts of the West Bengal Ayurvedic Health Sen ice shall be included in the said service cadre.

(4) Subject to the foregoing provisions of this section and the rules made thereunder, the State Government shall have the right to transfer any person from one post to another similar post within the same cadre:

Provided that except on account of inefficiency or misbehaviour or on his written request, no person shall be transferred to a post carrying less pay than the pay of the post held by him for the time being.

5. Combination of appointment.

Subject to the provisions of this Act. the State Government may appoint any person to hold two or more separate posts in the same cadre as and when necessary on such terms and conditions, as may be prescribed.

6. Ayurvedic Medical Colleges to be nonpractising institutions.

(l) The State Government may, by notification, declare any undergraduate or post-graduate Ayurvedic Medical College or other ayurvedic teaching institution together with the Hospital, if any, attached to such Ayurvedic Medical College or ayurvedic teaching institution to be a non-practising institution with effect from such date as may be specified in the notification.

(2) Upon such declaration, no person, holding any post on terms and conditions for practice in such Ayurvedic Medical College or other ayurvedic teaching institution or the Hospital attached thereto, shall be allowed to hold such post on terms and conditions for practice:

Provided that any person holding a non-teaching post in such Ayurvedic Medical College or other ayurvedic teaching institution or the Hospital attached thereto on terms and conditions for practice may exercise an option for practice or non-practice without any change of post or designation within a period of ninety days from the date of corning into force of this Act or within such extended period as the State Government may by notification specify:

Provided further that any such person who exercises option for non-practice shall he allowed lime, not exceeding six months from the date of exercise of such option, for winding up practice:

Provided also that if any such person does not exercise any option or exercises option for practice, he shall, within a period of one year from the date of coming into force of this Act, be transferred to a post in any other Hospital on terms and conditions for practice.

7. Cadre of West Bengal Ayurvedic Education Service.

The cadre of the West Bengal Ayurvedic Education Service shall consist of such teaching posts on such pattern and on such terms and conditions as may be prescribed following the guidelines of the Central Council of Indian Medicine in its regulations under the Indian Medicine (Minimum Standards of Education in Indian Medicine) Regulations, 1986 and shall include such teaching administrative posts as may be notified by the State Government in this behalf:

Provided that such terms and conditions may include the condition of management and supervision of admission to beds, and treatment, of patients in such undergraduate or post-graduate Ayurvedic Medical College or other ayurvedic teaching institution together with the Hospital, if any, attached to such Ayurvedic Medical College or institution by such persons appointed to the West Bengal Ayurvedic Education Service or appointed on such terms and conditions as the State Government may determine, excluding all other persons appointed to the West Bengal Ayurvedic Health Service:

Provided further that notwithstanding anything contained elsewhere in this Act, any person holding a teaching administrative post included in the cadre of the West Bengal Ayurvedic Education Service shall be deemed to be a person holding a teaching post in the West Bengal Ayurvedic Education Service.

8. Cadre of West Bengal Ayurvedic Health Service.

The cadre of the West Bengal Ayurvedic Health Service shall consist of such non-teaching posts as may be prescribed.

9. Posts in cadre of West Bengal Ayurvedic Education Service to be nonpractising.

(1) The post included in the cadre of the West Bengal Ayurvedic Education Service shall be non-practising.

(2) Any person appointed to a post included in the cadre of the West. Bengal Ayurvedic Education Service may be granted such non-practising allowance as may be prescribed.

10. Persons appointed in West Bengal General Service Cadre as Senior Ayurvedic Medical Officers be included in the West Bengal Ayurvedic Health Service.

Any person of the West Bengal General Service appointed to a post as Senior Ayurvedic Medical Officer, including those who are in Administrative posts, other than a post included in the cadre of the West Bengal Ayurvedic Education Service shall be included in the cadre of the West Bengal Ayurvedic Health Service.

11. Senior Ayurvedic Medical Officers included in West Bengal Ayurvedic Health Service shall not opt for West Bengal Ayurvedic Education Service.

A person working as the Senior Ayurvedic Medical Officer prior to the commencement of this Act shall be included in the cadre of the West Bengal Ayurvedic Health Service and shall not be allowed to opt for the cadre of the West Bengal Ayurvedic Education Service.

12. Status of persons holding teaching posts in the West Bengal General Service.

Any person who has held, or who holds, immediately before the coming into force of this Act, a teaching post, in the Ayurvedic Medical Colleges of the State Government, under the West Bengal General Service, on terms and conditions for practice of non-practice, may exercise an option for the West Bengal Ayurvedic Education Service of for the West Bengal Ayurvedic Health Service in such manner as may be prescribed and thereupon such person shall be appointed or shall be deemed to have been appointed, as the case may be, to a post included in the West Bengal Ayurvedic Education Service or in the West Bengal Ayurvedic Health Service, as the case may be:

Provided that the senior Ayurvedic Medical Officers temporarily engaged to such teaching posts in the Ayurvedic Medical College of the State Government shall not be eligible for exercising the option for the West Bengal Ayurvedic Education Service:

Provided further that a person exercising option for the West Bengal Ayurvedic Education Service and a person selected for appointment to the same Service shall, upon appointment to a teaching post in the West Bengal Ayurvedic Education Service, be required to perform duties in a Hospital in addition to his duties as a Teacher of the discipline concerned having such designation as may be prescribed:

Provided also that the persons holding teaching posts other than Senior Ayurvedic Medical Officers immediately before ‘the coming into force of this Act, who do not exercised any option under this section, shall be deemed to have exercised option for the West Bengal Ayurvedic Education Service.

13. Transfer of persons holding teaching posts but not opting for West Bengal Ayurvedic Education Service

Notwithstanding anything contained in section 12, the persons holding teaching posts of any rank on terms and conditions for practice prior to coming into force of this Act, who do not exercise option for the West Bengal Ayurvedic Education Service but opt for the West Bengal Ayurvedic Health Service may, on transfer from such posts, be appointed to the West Bengal Ayurvedic Health Service in phases within a period of one year from the date of coming into force of this Act.

14. Recruitment to State Ayurvedic Health Service.

(1) Recruitment to all teaching posts in the West Bengal Ayurvedic Education

Service shall be made through the Public Service Commission, West Bengal, in such manner as may be prescribed by the Central Council of Indian Medicine in its regulations under the Indian Medicine (Minimum Standards of Education in Indian Medicine) Regulations, 1986:

Provided that a quota shall be fixed in such manner as may be prescribed for all categories of teaching posts, except the posts of Demonstrator and Principal in the West Bengal Ayurvedic Education Service, for being filled up by promotion of persons holding teaching posts in the said Service:

Provided further that the recruitment to the posts of Demonstrator in the West Bengal Ayurvedic Education Service shall be made only through the Public Service Commission, West Bengal, giving preference to persons who have rendered at least two years’ service in the rural areas:

Provided also that the recruitment to the posts of Principal in the West Bengal Ayurvedic Education Service shall be made through the Public Service Commission, West Bengal, in such manner as may be prescribed:

Provided also that any person appointed to the West Bengal Ayurvedic Health Service shall, subject to such terms and conditions as may be prescribed, be eligible to apply for any such posts:

Provided also that the recruitment to the posts of Lecturer. Reader or Assistant Professor and Professor in the West Bengal Ayurvedic Education Service shall be made through the Public Service Commission. West Bengal, in such manner as may be prescribed.

(2) Notwithstanding anything contained in the foregoing provisions of this section or elsewhere in this Act. promotion of persons holding teaching posts to the next higher rank, due on any date prior to the date of coming into force of this Act, may, if not made prior to the coming into force of this Act. be made at any time after the coming into force of this Act, other than in accordance with the provisions of this Act or the rules made thereunder.

(3) Recruitment to all Basic Grade Posts in the West Bengal Ayurvedic Health Service shall be made through the Public Service Commission, West Bengal, in such manner as may be prescribed.

(4) Recruitment to all teaching administrative posts in the West Bengal Ayurvedic Education Service shall be made through the Public Service Commission, West Bengal, in such manner as may be prescribed.

(5) Recruitment to all administrative posts in the West Bengal Ayurvedic Health Service shall be made through the Public Service Commission, West Bengal, in such manner as may be prescribed.

15. Control and discipline of persons appointed to State Ayurvedic Health Service.

All persons appointed to the West Bengal State Ayurvedic Health Service shall be subject to such control and discipline its may be prescribed.

16. Age of retirement of persons appointed to State Ayurvedic Health Service.

(1) The age of compulsory retirement of persons appointed to the West Bengal Ayurvedic Education Service shall be such as may be prescribed:

Provided that no such person shall be retained in service on his attaining the age of sixty years:

Provided further that any such person may be re-employed, on his attaining the age of superannuation or after he has attained such age, to a post in the West Bengal Ayurvedic Education Service, not inferior to a post held by such person immediately before his attaining the age of superannuation, on such terms and conditions as may be prescribed:

Provided also that no such person shall be retained on such re-employment on his attaining the age of sixty-five years.

(2) The age of compulsory retirement of persons appointed in West Bengal Ayurvedic Health Service shall be the age of sixty years and alter attaining that age no such person shall be retained in service.

17. Scales of pay of persons appointed to the posts in the State Ayurvedic Health Service.

(1) The scales of pay of persons appointed to the leaching posts, or to the leaching administrative posts, in the West Bengal Ayurvedic Education Service shall be such as may be prescribed.

(2) The scales of pay of persons appointed to the posts included in the cadre for the West Bengal Ayurvedic Health Service shall be such as may be prescribed.

18. Seniority of persons appointed to teaching posts in West Bengal Ayurvedic Education Service.

The seniority of persons appointed to the teaching posts in the West Bengal Ayurvedic Education Service and the inter se seniority between such persons shall be determined in such manner as may be prescribed.

19. Act not to apply in certain cases.

The provisions of this Act shall not apply to any person not absorbed, in pursuance of the Acts and the Rules made thereunder for taking over of the management of the Ayurvedic Medical Colleges and Hospitals in West Bengal but was holding a teaching post, in any post-graduate or undergraduate Ayurvedic Medical College and Hospital or other teaching institution, or in any Hospital attached to such post-graduate or undergraduate Ayurvedic Medical College or teaching institution, on terms and conditions as might be agreed upon by the State Government prior to the coming into force of this Act, and such person shall continue in such post on the same terms and conditions even after the coming into force of this Act.

20. Saving

All rules, orders and notifications made or issued by the State Government under the proviso to Article 309 of the Constitution of India or under any other law for the time being in force, applicable to the persons appointed prior to the introduction of this Act, and continuing in force immediately before the coming into force of this Act. shall, after the coming into force of this Act, continue to be in force so far as such rules, orders or notifications are not inconsistent with the provisions of this Act until they are repealed or amended.

21. Transitory provisions.

Notwithstanding anything contained elsewhere in this Act, if the State Government is of opinion that it is necessary so to do in the public interest, it may. by order, elevate or promote any person holding a teaching post in the West Bengal Ayurvedic Education Service to a higher rank or may make recruitment to any teaching post in the West Bengal Ayurvedic Education Service in such manner, and subject to such terms and conditions, as may be prescribed:

Provided that no such order shall be made after the expiry of a period of three years from the date of coming into force of this Act.

22. Act to have overriding effect.

The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force or in any judgement, decree or order of any court, tribunal or other authority or in any instrument having effect by virtue of any law other than this Act or in any contract, custom or usage to the contrary.

23. Power to make rules.

(1) The State Government may, by notification, make rules for carrying out the purposes of this /Act.

(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature, while it is in session, for a total period of thirty 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 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.

24. Power to remove difficulties.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may by order do anything not inconsistent with the provisions of this Act as may appear necessary or expedient for the purpose of removing the difficulty:

Provided that no such order shall be made after the expiry of a period of three years from the date of coming into force of this Act.

By order of the Governor,

A. K. BHATTACHARYA
Secy. to the Govt. of West Bengal

No. 1252-L dated 01.08.2002, Source