AYURVEDA [Cap.

116

CHAPTER 116

AYURVEDA

Acts AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A DEPARTMENT OF AYURVEDA; FOR

Nos.31 of 1961, THE REGISTRATION OF AYURVEDIC HOSPITALS, AYURVEDIC PHARMACIES,
5 of 1962,
9 of 1969, AYURVEDIC DISPENSARIES AND AYURVEDIC STORES; FOR THE ESTABLISHMENT
Law OF AN AYURVEDIC MEDICAL COUNCIL TO REGISTER AYURVEDIC PRACTITIONERS,
No. 7 of 1977, AYURVEDIC PHARMACISTS AND AYURVEDIC NURSES, AND DEAL WITH MATTERS
Acts
Nos. 6 of 1978, RELATING TO THEIR PROFESSIONAL CONDUCT; FOR THE ESTABLISHMENT OF AN
16 of 1978. AYURVEDA EDUCATION AND HOSPITAL BOARD TO DISCHARGE CERTAIN
FUNCTIONS IN RELATION TO THE AWARD OF DIPLOMAS AND CERTIFICATES, AND
CERTAIN FUNCTIONS IN RELATION TO THE EDUCATION AND TRAINING IN
AYURVEDA AND IN RELATION TO THE CENTRAL HOSPITAL OF AYURVEDA AND THE
PHARMACY, HERBARIUM AND DISPENSARY ATTACHED THERETO; FOR THE
ESTABLISHMENT OF AN AYURVEDIC RESEARCH COMMITTEE TO DISCHARGE
CERTAIN FUNCTIONS IN RELATION TO RESEARCH IN AYURVEDA; TO MAKE
CONSEQUENTIAL AMENDMENTS IN THE POISONS, OPIUM AND DANGEROUS DRUGS
ORDINANCE, AND THE FOOD AND DRUGS ACT; AND TO MAKE PROVISION FOR
MATTERS CONNECTED WITH OR INCIDENTAL TO THE AFORESAID MATTERS.

[1st October, 1962.]

Short title. 1. This Act may be cited as the 5. The Minister may, by Order Minister's
Ayurveda Act. published in the Gazette, authorize any power to
authorize any
officer of the Department to exercise or officer to
PART I perform any power or duty of a Deputy exercise or
Commissioner for Ayurveda or an Assistant perform any
power or duty
THE DEPARTMENT OF AYURVEDA Commissioner for Ayurveda. of a Deputy
Commissioner
A Department 2. There shall be a Department of or an Assistant
of Ayurveda to Commissioner
Ayurveda (hereinafter referred to as " the for Ayurveda.
be established.
Department") to carry out the objects
specified in section 7.
6. In the exercise and performance of Commissioner
Appointment 3. (1) There shall be appointed a person his powers and duties under this Act, the to be subject to
of the directions of
to be or to act as the Commissioner for Commissioner shall be subject to such Minister.
Commissioner
for Ayurveda Ayurveda (hereinafter referred to as " the general or special directions as may be
and other Commissioner ") who shall be the Head of issued, from time to time, by the Minister.
officers. the Department.

(2) There may be appointed such number 7. Subject to the availability of moneys Objects of the
of Deputy Commissioners for Ayurveda, granted from the Consolidated Fund, the Department.
Assistant Commissioners for Ayurveda and Department shall be responsible for
other officers as may be necessary for the carrying out the following objects:—
purpose of carrying out the objects specified
in section 7. (a) the provision of establishments and
services necessary for the treatment
Delegation of 4. The Commissioner may delegate any of disease, and generally for the
the Commis- of his powers or duties to any Deputy preservation and promotion of the
sioner's powers
and duties. Commissioner for Ayurveda or Assistant health of the people according to
Commissioner for Ayurveda. ayurveda;
Cap. 116] AYURVEDA
(b) the encouragement of the study of, ayurvedic dispensary or ayurvedic store,
and research in, ayurveda by the unless such premises are for the time being
grant of scholarships and other registered by the Commissioner as an
facilities to persons employed or ayurvedic hospital, ayurvedic pharmacy,
proposed to be employed in the ayurvedic dispensary or ayurvedic store, as
Department and by the grant of the case may be, and the person carrying on
financial aid and other assistance to such hospital, pharmacy, dispensary or
institutions providing courses of store, in such premises is for the time being
study or engaged in research in registered by the Commissioner as the
ayurveda; and proprietor thereof.

(c) t h e t a k i n g , d e v e l o p m e n t or (2) The date appointed by Order

encouragement of measures for the published under subsection (I) shall be a
investigation of disease, and for the date not earlier than three months after the
improvement of public health, date of the publication of that Order.
according to ayurveda.
(3) Where any premises are used for the
purpose of an ayurvedic hospital, ayurvedic
PART II pharmacy, ayurvedic dispensary or
ayurvedic store, in contravention of the
POWERS OF THE COMMISSIONER provisions of subsection (1), the person for
the time being in charge of such hospital,
Establishment 8. In carrying out the objects specified pharmacy, dispensary or store, shall be
and in section 7, the Commissioner may guilty of an offence.
maintenance of
ayurvedic establish and maintain, or cause to be
hospitals, &c., established or maintained, ayurvedic (4) Regulations may be made under this
by the hospitals, ayurvedic pharmacies and Act for or in respect of all or any of the
Commissioner.
herbariums, ayurvedic dispensaries and following matters:—
ayurvedic stores.
(a) the making of applications for the
Financial 9. In carrying out the objects specified registration of any premises as an
assistance by in section 7, the Commissioner may, with ayurvedic hospital, ayurvedic
the
Commissioner. the prior approval of the Minister, grant pharmacy, ayurvedic dispensary or
any sum out of moneys voted for the ayurvedic store;
purpose by Parliament—
(b) the form of such applications and the
(a) to the Ayurvedic Medical Council; particulars to be contained therein;
(b) to any institution established and (c) the fee to be charged for such
maintained for the training of registration;
practitioners of ayurveda;
(d) the period for which such registration
(c) to any institution referred to in shall be effective and the grant of
section 8; certificates of renewal of such
registration upon payment of the
(d) to any other institution established
prescribed fee;
and maintained for the promotion
of ayurveda; and (e) the circumstances in which such
registration may be refused or
(e) to any deserving person for the
cancelled;
prosecution of his studies in
ayurveda. (f) the circumstances in which the
renewal of such registration may be
Ayurvedic 10. (I) On and after such date as may refused;
hospitals, be appointed in that behalf by the Minister
pharmacies,
dispensaries by Order published in the Gazette, no (g) appeals to the Minister against the
and stores to premises shall be used for the purpose of an refusal of applications for such
be registered. ayurvedic hospital, ayurvedic pharmacy, registration or the renewal of such

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 AYURVEDA [Cap. 116
registration or against the Council ", and which shall, subject to the
cancellation of such registration provisions of subsection (2), consist of the
and the finality of the decisions following members:—
made by the Minister on such
appeals; (a) the Commissioner;
(h) the conditions which shall be
(b) the Director of the Institute of [§ 3, Law 7 of
complied with in relation to
Indigenous Medicine of the 1977.]
registered ayurvedic hospitals,
University of Colombo, Sri Lanka;
pharmacies, dispensaries and
stores;
(c) two members elected by the teachers
(i) the records and books which shall be of the Institute of Indigenous
kept and maintained in registered Medicine of the University of
ayurvedic hospitals, pharmacies, Colombo, Sri Lanka, from
dispensaries and stores; themselves;
(j) the returns to-be furnished from time
(d) one member elected by the teachers of
to time in respect of registered
each approved ayurvedic teaching
ayurvedic hospitals, pharmacies,
institution from themselves;
dispensaries and stores, and the
particulars to be contained therein,
including particulars as to the (e) three members elected by the
number and description of cases registered ayurvedic practitioners
admitted or treated and as to the from themselves; and
staff employed therein;
(f) not more than ten members appointed
(k) the rates of fees and charges which by the Minister of whom—
may be charged or made at
registered ayurvedic hospitals, (i) not more than three shall be so
pharmacies, dispensaries and appointed from persons who
stores; are not registered ayurvedic
(l) the powers of entry into, and practitioners,
inspection of, registered ayurvedic
hospitals, pharmacies, dispensaries (ii) at least three shall be so
and stores; appointed from a panel of ten
nominated by the All Ceylon
(m) the registers to be kept and Ayurvedic Practitioners'
maintained by the Commissioner Congress, and
for the purpose of the registration
of ayurvedic hospitals, pharmacies, (iii) at least two shall be so
dispensaries and stores; and appointed from registered
(n) the proper maintenance and ayurvedic practitioners who
administration of registered are not members of the
ayurvedic hospitals, pharmacies, All Ceylon Ayurvedic
dispensaries and stores, and the Practitioners' Congress.
health, safety and proper care and
treatment of persons treated in such (2) The Minister may, without assigning
hospitals and dispensaries. any reason, remove from office, by Order
published in the Gazette, any member of the
PART III Council who is appointed by him.

THE AYURVEDIC MEDICAL COUNCIL (3) Any member of the Council removed
from office by the Minister shall not be
Constitution of 11. (1) There shall be a Council which eligible for appointment or election as such
the Ayurvedic shall be called the Ayurvedic Medical member for a period of three years from the
Medical
Council. Council, in this Part referred to as " the date of his removal.

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Cap. 116] AYURVEDA
(4) The Council may, from time to time, the Council under this Act
delegate any power, duty or function of the suspending his registration as an
Council to a committee or committees ayurvedic practitioner;
consisting of members of the Council. Any
such delegation may be made subject to (f) on his being convicted of any offence
such conditions or restrictions as the under the Penal Code; or
Council may deem necessary.
(g) on the expiry of his term. of office.
Term of office 12. Each member of the Council other
of members of than the Commissioner and the Director of
the Council. (2) The Commissioner shall be deemed to
[§ 4, Law 7 of the Institute of Indigenous Medicine of the
1977.] University of Colombo, Sri Lanka, shall, have vacated office as a member of the
unless he vacates office earlier, hold office Council on his ceasing to hold office as
for a term of three years and shall be eligible Commissioner.
for re-election or reappointment:
(3) The Director of the Institute of [§ 5, Law 7 of
Provided that a person elected or Indigenous Medicine of the University of 1977.]
appointed as a member of the Council in Colombo, Sri Lanka, shall be deemed to
succession to any person who has ceased to have vacated office as a member of the
be a member of the Council before the Council on his ceasing to hold office as the
expiry of the term of office shall, unless he Director of the Institute of Indigenous
vacates office earlier, hold office for the Medicine of the University of Colombo, Sri
unexpired part of the term of office of the Lanka.
member whom he succeeds.

Vacation of 13. (1) A member of the Council, other 14. Any vacancy in the Council shall be Filling up of
office by than the Commissioner and the Director of filled by the election or appointment of a vacancies.
members of member, as the case may be, in accordance
Council. the Institute of Indigenous Medicine of the
[§ 5, Law 7 of University of Colombo, Sri Lanka, shall be with the provisions of this Part.
1977.] deemed to have vacated office—

(a) where he is not a public officer, on 15. (1) The Commissioner shall be the The President
sending his resignation in writing to President of the Council. and the Vice-
President of
the President of the Council; the Council.
(2) The members of the Council shall
(b) where he is not a public officer, on elect from themselves a Vice-President of
the absence without excuse the Council.
sufficient in the opinion of the
Council from three consecutive
(3) The President, and in his absence the
meetings of the Council;
Vice-President, of the Council shall preside
at any meeting of the Council. Where
(c) where he is a member elected under
neither the President nor the Vice-President
paragraph (c) or paragraph (d) of
of the Council is present at any meeting of
subsection (1) of section 11, on his
the Council, the members of the Council
ceasing to hold the post or office by
attending that meeting shall elect from
virtue of which he was qualified for
themselves a chairman for that meeting.
election as a member of the
Council;

(d) where he is an appointed member, on 16. The quorum for a meeting of the Quorum.
his removal from office by the Council shall be six.
Minister;

(e) on his ceasing to be a registered 17. Subject to the provisions of section Regulation of
ayurvedic practitioner, or on the 15, section 16 and section 44, the Council procedure of
taking effect of an order made by may regulate its own procedure. the Council.

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 AYURVEDA [Cap. 116
The Council to 18. The Council shall, in accordance 20. (1) The members for the time being The Council to
be the with the provisions of this Act, be the of the Council shall be a body corporate be a body
authority
responsible for authority responsible for— with the name of " The Ayurvedic Medical corporate
the registration Council" and shall have perpetual
of ayurvedic (a) recommending to the Minister succession and may sue and be sued in such
practitioners, whether any ayurvedic teaching
ayurvedic name and adopt, alter and use a corporate
pharmacists institution should be approved by seal which shall be judicially noticed.
and ayurvedic him for the purposes of this Act;
nurses and the
regulation and (2) The Council may acquire and hold
control of their (b) the registration of persons as
any movable or immovable property and
professional ayurvedic practitioners;
conduct. dispose of any of its properties and enter
(c) the registration of persons as ayurvedic into contracts and do all such other acts as
pharmacists; may be necessary for the exercise of its
powers and the discharge of its functions
(d) the registration of persons as and duties.
ayurvedic nurses;

(e) the cancellation, or suspension, of 21. (1) Such sums as may, from time to Funds of the
such registration; and time,- Council.

(f) the making of rules for— (a) be granted for the purposes of the
Council by the Commissioner under
(i) the regulation and control of the this Act, or
professional conduct of
ayurvedic practitioners, (b) be paid to, or recovered by, the
ayurvedic pharmacists, and Council as fees under this Act,
ayurvedic nurses; and
shall form part of the funds of the Council.
(ii) any of the matters referred to in
paragraphs (b) to (e) of this (2) There shall be paid out of the funds of
section. the Council—

Registrar and 19. (1) The Council— (a) the remuneration payable under
other officers section 45 to members of the
and servants of
the Council. (a) shall appoint a Registrar of the Council for attendance at meetings
Council who shall also act as of the Council, and to the officers
Secretary of the Council; and and servants of the Council; and

(b) may appoint such other officers and (b) all other expenditure incurred by the
servants of the Council as may be Council in the exercise of its powers
necessary for carrying out the work and the discharge of its functions
of the Council. and duties under this Act.

(2) The officers and servants of the

Council shall be remunerated in such 21A. (1) The Council shall cause proper Accounts of
manner and at such rates, and shall be accounts to be kept of all the transactions of the Council
and financial
subject to such conditions of service, as may the Council and shall prepare an annual year.
be determined by rules made by the Council statement of such accounts in such form and [§2, 9 of 1969.]
under this Act. containing such particulars as the Minister,
with the concurrence of the Minister in
(3) The Council may, in accordance with charge of the subject of Finance, may from
rules made by the Council under this Act, time to time specify.
establish and regulate a provident fund for
the benefit of its officers and servants and (2) The financial year of the Council shall
make contributions to such fund out of the be the period of twelve months commencing [§ 23,38 of
funds of the Council. on the first day of January. 1971.]

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 Cap. 116] AYURVEDA
Audit of the accounts 21B. (1) The Council shall have its 21D. The Council shall, on receipt of Annual
of the Council accounts for each financial year audited by the Auditor-General's report on the accounts with
the auditor's
[§ 2 9 of 19691 Auditor-General. accounts for each financial year, transmit report and a
such report together with the income and report of the
(2) For the purpose of assisting him in expenditure account and the balance sheet annual
activities of the
the audit of such accounts, the Auditor- to which the report relates, and a statement Council to be
General may employ the services of any by the Council of its activities during that transmitted to
qualified auditor or auditors who shall act financial year to the Minister who shall the Minister.
[§ 2, 9 of 1969.]
under his direction and control. cause copies thereof to be laid before
Parliament before the end of the year next
(3) For the purpose of meeting the following the year to which such report and
expenses incurred by him in auditing the accounts relate.
accounts of the Council, the Auditor-
General shall be paid from the funds of the
Council such remuneration as the Minister PART IV
may determine with the concurrence of the
Minister in charge of the subject of Finance. THE AYURVEDA EDUCATION AND
HOSPITAL BOARD
(4) For the purposes of this section, the
expression " qualified auditor " means— 22. (1) There shall be a Board which The Ayurveda
shall be called the Ayurveda Education and Education and
Hospital
(a) an individual who, being a member of Hospital Board, hereafter in this Part Board.
the Institute of Chartered referred to as the " Board ", and which shall [§ 7, Law 7 of
Accountants of Sri Lanka, or of consist of— 1977.]
any other Institute established by
law,, possesses a certificate to (a) the Commissioner;
practise as an Accountant issued by (b) the Director of the Institute of
the Council of such Institute; or Indigenous Medicine of the
(b) a firm of Accountants each of the University of Colombo, Sri Lanka;
resident partners of which, being a (c) the Medical Superintendent of the
member of the Institute of Central Hospital of Ayurveda;
Chartered Accountants of Sri
Lanka or of any other Institute (d) an officer of the Ministry of Higher
established by law, possesses a Education appointed by the
certificate to practise as an Minister on the recommendation of
Accountant issued by the Council the Minister in charge of the subject
of such Institute. of Higher Education;

The Auditor- 21C. The Auditor-General shall (e) one member appointed by the
General'sreport examine the accounts of the Council and Minister from the teachers of the
report. Institute of Indigenous Medicine of
furnish a report—
[§ 2,9 of 1969.] the University of Colombo, Sri
(a) stating whether he has or has not Lanka, on the recommendation of
obtained all the information and the Minister in charge of the subject
explanations required by him; of Higher Education;
(b) stating whether the accounts referred (f) two members, other than the member
to in the report are properly drawn appointed under paragraph (e),
up so as to exhibit a true and fair elected by the teachers of the
view of the affairs of the Council; Institute of Indigenous Medicine of
and the University of Colombo, Sri
Lanka, from themselves;
(c) drawing attention to any item in the
accounts which in his opinion may (g) one member appointed by the
be of interest to Parliament in any Minister from the teachers of
examination of the activities and approved Ayurvedic teaching
accounts of the Council. institutions;

VI/76
 AYURVEDA [Cap. 116

(h) two members elected by the holders vacates his office earlier, hold office for a
of the diplomas or certificates term of three years and shall be eligible for
granted or recognized by the Board re-election or reappointment:
of Indigenous Medicine, or by the
Ayurvedic College and Hospital Provided that a person elected or
Board or by the Ayurveda appointed as a member of the Board in
Education and Hospital Board succession to any person who has ceased to
established under this Act and by be a member of the Board before the expiry
the holders of degrees or diplomas of his term of office shall, unless he vacates
granted by the Institute of office earlier, hold office for the unexpired
Ayurveda of the University of part of the term of office of the member
Ceylon,* or by the Institute of whom he succeeds.
Indigenous Medicine of the
University of Colombo, Sri Lanka, 24. (1) A member of the Board, other Vacation of
from themselves; than the Commissioner, the Director of the office by
Institute of Indigenous Medicine of the members of the
(i) not more than four members University of Colombo, Sri Lanka, and the Board.
appointed by the Minister from the Medical Superintendent of the Central
registered ayurvedic practitioners Hospital of Ayurveda, shall be deemed to
of whom not more than two shall have vacated office—
be so appointed from a panel of six
nominated by the All Ceylon (a) where he is not a public officer, on
Ayurvedic Practitioners' Congress; sending his resignation in writing to
and the Chairman of the Board ; or

(j) two members appointed by the (b) where he is not a public officer, on his
Minister from persons who are not absence without excuse sufficient in
registered ayurvedic practitioners. the opinion of the Board from three
consecutive meetings of the Board ;
(2) The Minister may, without assigning
any reason, remove from office, by Order (c) where he is an elected member, on his
published in the Gazette, any member of the ceasing to hold the post or office by
Board who is appointed by him: virtue of which he was qualified for
election as a member of the Board ;
Provided that no member of the Board
appointed by the Minister on the (d) where he is an appointed member, on
recommendation of the Minister in charge his removal from office by the
of the subject of Higher Education shall be Minister;
removed from office except with the
concurrence of the Minister in charge of the (e) where he is a member appointed
subject of Higher Education. under paragraph (d) of subsection
(1) of section 22, on his ceasing to
(3) Any member of the Board removed be an officer of the Ministry of
from office by the Minister shall not be Higher Education;
eligible for appointment or election as such
(f) where he is a member appointed under
member for a period of three years from the
paragraph (e) or paragraph (f) or
date of his removal.
paragraph (g) of subsection (1) of
section 22, on his ceasing to hold
Term of office 23. Each member of the Board, other the post or office by virtue of which
of the members than the Commissioner, the Director of the
of the Board. he was qualified for appointment
[§ 8, Law 7 of Institute of Indigenous Medicine of the under that paragraph as a member
1977.] University of Colombo, Sri Lanka, and the of the Board ; or
Medical Superintendent of the Central
Hospital of Ayurveda, shall, unless he (g) on the expiry of his term of office.
* This is a reference to the University of Ceylon, established under the repealed Ceylon University Ordinance and
continued as the University of Sri Lanka under the repealed University of Ceylon Act, No. 1 of 1972.

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 Cap. 116] AYURVEDA
(2) The Commissioner shall be deemed to qualifying for the award of the
have vacated the office of a member of the diplomas and certificates of the
Board on his ceasing to hold the office of University;
Commissioner.
(b) to determine and hold examinations
[§9, Law 7 of (3) The Director of the Institute of to enable persons to obtain
1977.] Indigenous Medicine of the University of diplomas or certificates of the
Colombo, Sri Lanka, shall be deemed to Board and to make such rules as
have vacated office as a member of the are necessary for that purpose;
Board on his ceasing to hold the office of
the Director of the Institute of Indigenous (c) to conduct or to arrange to conduct
Medicine of the University of Colombo, Sri courses, lectures and classes to
Lanka. enable persons to obtain diplomas
or certificates of the Board ;
(4) The Medical Superintendent of the
Central Hospital of Ayurveda shall be
(d) to appoint examiners for the
deemed to have vacated office as a member
examinations held by the Board;
of the Board on his ceasing to hold the
office of Medical Superintendent of the
(e) to make recommendations to the
Central Hospital of Ayurveda.
Minister as to the fees to be paid to
such examiners;
Filling up of 25. Any vacancy in the Board shall be
vacancies. filled by the election or appointment of a
(f) to grant diplomas or other academic
member, as the case may be, in accordance
distinctions honoris causa ;
with the provisions of this Part.
(g) to make recommendations to the
Chairman of 26. (I) The Commissioner shall be" the Minister as to the administration of
the Board. Chairman of the Board.
the Central Hospital of Ayurveda
and other hospitals of the
(2) The Chairman of the Board shall
Department, and in particular, as to
preside at any meeting of the Board. In the
the charges to be made in respect of
absence of the Chairman from any meeting
patients admitted to those
of the Board, the members of the Board
hospitals;
attending that meeting shall elect from
themselves a chairman for that meeting.
(h) to make rules for the exercise,
discharge and performance of the
Quorum. 27. The quorum for a meeting of the
powers, functions and duties of the
Board shall be six.
Board; and
Regulation of 28. Subject to the provisions of section
(i) to do all such acts as may be necessary
proceedings of 26, section 27 and section 44, the Board
the Board. for the exercise, discharge and
shall regulate its own procedure.
performance of the aforesaid
powers, functions and duties.
Delegation of 29. The Board may, from time to time,
powers, delegate any power, function or duty of the
functions or 31. There shall be appointed a Registrar Registrar of
duties of the Board to a committee or committees
Board to consisting of members of the Board. Any of the Board who shall also act as the the Board
committees. such delegation may be made subject to Secretary of the Board. [§11, Law 7 of 1977.]
such conditions or restrictions as the Board
may deem necessary. 32. The remuneration payable under Expenditure of
section 45 to members of the Board for the Board.
Powers of the 30. The Board shall have the following attendance at meetings of the Board, and all
Board. powers;— other expenditure incurred by the Board in
[§10, Law 7 of
1977.] the exercise of its powers and the discharge
(o) to arrange with the University of of its functions and duties under this Act,
Colombo, Sri Lanka, the terms and shall be paid out of the moneys voted for
conditions to be fulfilled for the purpose by Parliament.

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 AYURVEDA [Cap. 116
PART V the Committee on his ceasing to hold the
office of Commissioner.
THE AYURVEDIC RESEARCH COMMITTEE
36. Any vacancy in the Committee shall Filling up of
Constitution of 33. (1) There shall be a Committee be filled by the appointment of a member in vacancies.
the Ayurvedic which shall be called the Ayurvedic accordance with the provisions of this Part.
Research
Committee. Research Committee, hereafter in this Part
[§12, Law 7 of referred to as " the Committee ", and which 37. (1) The Commissioner shall be the Chairman of
1977.] shall consist of the Commissioner, and nine Chairman of the Committee. Committee.
other members appointed by the Minister of
whom one shall be from the teaching staff (2) The Chairman of the Committee shall
of the Institute of Indigenous Medicine of preside at any meeting of the Committee. In
the University of Colombo, Sri Lanka, and the absence of the Chairman from any
another shall be from the regular medical meeting of the Committee, the members of
staff of the Central Hospital of Ayurveda, the Committee attending that meeting shall
elect from themselves a chairman for that
(2) The Minister may, without assigning meeting.
any reason, remove from office, by Order
published in the Gazette, any member of the 38. The quorum for a meeting of the Quorum.
Committee who is appointed by him. Committee shall be three.

Tenure of 34. Each member of the Committee, 39. Subject to the provisions of section Regulation of
office of other than the Commissioner, shall, unless 37, section 38 and section 44, the Committee proceedings of
members of the , ,, , . ,
Committee. he vacates his office earlier, hold office for a shall regulate its own procedure. the Committee.
term of three years and shall be eligible for
reappointment: 40. The remuneration payable under Expenditure of
section 45 to members of the Committee for thc Committee.
Provided that a person appointed as a attendance at meetings of the Committee,
member of the Committee in succession to and all other expenditure incurred by the
any person who has ceased to be a member Committee in the exercise of its powers and
of the Committee before the expiry of his the discharge of its functions and duties
term of office shall, unless he vacates office under this Act, shall be paid out of such
earlier, hold office for the unexpired part of moneys as may be voted for the purpose by
the term of office of the member whom he Parliament.
succeeds.
41. (1) It shall be the duty of the Duties of the
Vacation of 35. (1) A member of the Committee, Committee to advise the Minister as to the Committee.
office by other than the Commissioner, shall be
members of the carrying out of research in all branches of
Committee. deemed to have vacated office—
ayurveda with a view to the promotion of its
development, and, in particular, as to the
(a) where he is not a public officer, on
carrying out of research in respect of the
sending his resignation in writing to
following matters:—
the Minister;
(a) ayurvedic literature;
(b) where he is not a public officer, on his
absence without excuse sufficient in
(b) fundamentals in ayurvedic doctrine;
the opinion of the Committee from
three consecutive meetings of the
(c) ayurvedic clinical treatment; and
Committee;

(c) on his removal from office by the (d) ayurvedic drugs, pharmacology and
Minister; or pharmacopoeia.

(d) on the expiry of his term of office. (2) It shall be the duty of the Committee
to carry out all such directions as may be
(2) The Commissioner shall be deemed to issued to the Committee by the Minister in
have vacated the office of a member of respect of the following matters:—

VI/79
Cap. 116] AYURVEDA
(a) the maintenance of libraries, (4) No act or proceeding of a Body shall
museums, herbariums, laboratories, be invalidated by reason only of any
or other institutions; vacancy in the Body.

(b) the publication of ayurvedic 45. The members of a Body shall be Remuneration
manuscripts, ayurvedic text-books paid such remuneration for attendance at for attendance
at a meeting of
and other ayurvedic journals or meetings of the Body as may .be determined a Body.
papers; by the Minister with the concurrence of the
Minister in charge of the subject of Finance.
(c) the compilation and publication of an
ayurvedic pharmacopoeia;
46. No suit or prosecution shall lie— Protection for
action taken
(d) the standardization of ayurvedic under this Act
(a) against a Body for any act which in or on the
drugs;
good faith is done or purports to be direction of a
done by the Body under this Act; Body.
(e) all such other matters as may be
necessary for the performance of and
the duties specified in subsection
(b) against any member, officer, servant
(1).
or agent of the Body for any act
which in good faith is done or
PART VI purports to be done by him under
this Act or on the direction of the
SPECIAL PROVISIONS APPLICABLE TO Body-
BODIES ESTABLISHED UNDER THIS ACT
47. No writ against person or property No writ to
Definition of 42. In this Part, unless the context shall be issued against a member of a Body issue against
the expression otherwise requires, the expression " Body " person or
" Body " for in any action brought against the Body. property of a
the purposes of means any Council, Board, or Committee, member of a
this Part. established under this Act. Body.

A Body to be 43. A Body shall, in the exercise of its 48. A Body shall be deemed to be a A Body
subject to scheduled institution within the meaning of deemed to be a
powers and the discharge of its functions scheduled
general and the Bribery Act, and the provisions of that institution
special and duties under this Act, be subject to such
directions of general or special directions as may be Act shall be construed accordingly. within the
the Minister. meaning of the
issued, from time to time, by the Minister. Bribery Act.

Proceedings of 44. (1) Every question which comes up

any Body. for consideration before a Body shall be 49. (1) A Body may make rules in Power of a
dealt with at a meeting of the Body and respect of all or any of the following body to make
shall be determined by the majority of the matters;— rules.
members of the Body present and voting.
(a) the matters in respect of which the
(2) In the event of an equality of votes on Body is required or authorized to
any question considered at a meeting of a make rules under any other
Body, the Chairman of that meeting shall provision of this Act;
have a casting vote in addition to his
original vote. (b) the meetings of the Body and the
procedure to be followed at such
(3) All acts done at any meeting of a meetings; and
Body shall, notwithstanding that it be
afterwards discovered that there was some (c) any other matter connected with the
defect in the election or appointment of any affairs of the Body.
member thereof or that any such member
was disqualified, be as valid as if every such (2) No rule made by a Body under this
member had been duly elected or appointed Act shall have effect until it is approved by
and was qualified to be such member. the Minister and published in the Gazette.

Vl/80
 AYURVEDA [Cap. 116
(3) The Minister shall not, without the in writing to the Council through the
prior concurrence of the Minister in charge Registrar in such form as may be prescribed
of the subject of Finance, approve any rule by rules made by the Council under this
made by the Ayurvedic Medical Council in Act.
r e s p e c t of a n y m a t t e r r e f e r r e d to
in subsection (2) or subsection (3) of (2) An application for registration as an
section 19, ayurvedic practitioner in the general register
shall not be refused by the Council except—

PART VII (a) on the ground that the applicant is

not entitled to such registration
REGISTRATION OF AYURVEDIC under subsection (1) of section 55,
PRACTITIONERS, PHARMACISTS AND or
NURSES
(b) on any ground specified in subsection
Definition of 50. In this Part- (1) of section 57.
certain
expressions for
the puposes of (a) "the Council" means the Ayurvedic (3) An application for a registration as an
this Part. Medical Council; and ayurvedic practitioner in the special register
shall not be refused by the Council except—
(b) " the Registrar " means the Registrar
of the Council. (a) on the ground that the applicant is
not entitled to such registration
Registers. 51. (1) The Council shall keep and under subsection (2) of section 55,
maintain— or

(a) a general register and a special (b) on any ground specified in subsection
register for the registration of (1) of section 57.
ayurvedic practitioners; (4) An application may be made for
registration as an ayurvedic practitioner in
(b) a register for the registration of both the general register and the special
ayurvedic pharmacists; and register.
(c) a register for the registration of
53. (1) Every application for Applications
ayurvedic nurses. for registration
registration as an ayurvedic pharmacist or
as ayurvedic
(2) The Registrar shall be the officer of ayurvedic nurse shall be made in writing to pharmacists
the Council responsible for keeping and the Council through the Registrar in such and ayurvedic
form as may be prescribed by rules made by nurses.
maintaining the registers referred to in
subsection (1). the Council under this Act.
(2) An application for registration as an
(3) With effect from the appointed date,
ayurvedic pharmacist or ayurvedic nurse
the property in the general register and the
shall not be refused by the Council except—
special register of practitioners of
indigenous medicine maintained by the (a) on the ground that the applicant is
Board of Indigenous Medicine shall vest in not entitled to such registration
the Council, and such general register shall under section 56, or
be deemed to be a general register of
ayurvedic practitioners maintained by the (b) on any ground specified in subsection
Council under this Act, and such special (1) of section 57.
register shall be deemed, to be a special
register of ayurvedic practitioners 54. An application for registration as an Applications
ayurvedic practitioner or ayurvedic for registration
maintained by the Council under this Act. by persons
pharmacist may be made by any person whose
Applications 52. (1) Every application for registration whose registration as such practitioner or registration has
for registration
as an ayurvedic practitioner in the general pharmacist, as the case may be, has been been previously
as ayurvedic cancelled.
practitioners, register or the special register shall be made previously cancelled by the Council, and the

VI/81
Cap. 116] AYURVEDA

Council may entertain such application and Provided, however, that from such date
dispose of it in accordance with the as may be appointed by the Minister no
provisions of this Part. person shall be entitled to be registered in
the special register unless, in addition to
Qualifications 55. (1) No person shall be entitled to be satisfying the requirements of paragraph (a)
for registration registered in the general register as an and paragraph (b), he is registered in the
as an ayurvedic
practitioner. ayurvedic practitioner unless he— general register as an ayurvedic practitioner.
(a) is a citizen of Sri Lanka; and
56. No person shall be entitled to be Qualifications
(b) is the holder of a diploma granted by registered as an ayurvedic pharmacist or for registration
the Board of Indigenous Medicine, as an ayurvedic
ayurvedic nurse unless he— pharmacist or
or a certificate issued on or before ayurvedic
the appointed date, by the (a) is a citizen of Sri Lanka; and nurse.
Ayurvedic Medical Council under
the Ayurvedic Medical Council (b) satisfies the Council that he possesses
Ordinance; or sufficient knowledge, experience
and skill for the efficient practice of
[§ 13, Law 7 of (c) is the holder of a diploma granted by ayurvedic pharmacy or ayurvedic
1977.] the Ayurvedic College and Hospital nursing, as the case may be.
Board, or the holder of a diploma
or certificate granted by the
Ayurveda Education and Hospital 57. (1) The Council may, by order, Grounds on
refuse the application of any person for which
Board established under this Act,- or registration
the holder of a degree or diploma registration as an ayurvedic practitioner, may be
granted by the Institute of ayurvedic pharmacist, ayurvedic nurse, or refused,
cancel, or suspend for a specified period, the cancelled or
Ayurveda of the University of suspended.
Ceylon,* or the holder of a degree registration of any person as such
or diploma granted by the Institute practitioner or pharmacist or nurse on any
of Indigenous Medicine of the of the following grounds :—
University of Colombo, Sri Lanka;
or (a) that he has been convicted by a
competent court of any offence
(d) is the holder of a diploma granted by which shows him to be unfit to be
any other institution in Sri Lanka such practitioner or pharmacist or
or India which has been declared to nurse; or
be an approved institution for the
purposes of this section by the (b) that he has been guilty of any
Minister by Order published in the misconduct in his capacity as such
Gazette; or practitioner or pharmacist or
nurse; or
(e) satisfies the Council that he possesses
sufficient knowledge, experience (c) that he has been deprived of any
and skill for the efficient practice of diploma or certificate which has
ayurveda. constituted the qualification for
(2) No person shall be entitled to be such registration,
registered in the special register as an
ayurvedic practitioner unless he— (2) When any proceedings have been
instituted before a court against any person
(a) is a citizen of Sri Lanka; and who is a registered ayurvedic practitioner or
registered ayurvedic pharmacist or
(b) satisfies the Council that he possesses registered ayurvedic nurse, in respect of any
a special k n o w l e d g e and offence referred to in paragraph (a) of
sufficient experience and skill in subsection (1), the Council may, by order,
any particular branch of ayurveda: suspend the registration of that person as
* This is a reference to the University of Ceylon, established under the repealed Ceylon University Ordinance and
continued as the University of Sri Lanka under the repealed University of Ceylon Act, No. 1 of 1972.

VI/82
 AYURVEDA [Cap. 116
such practitioner, pharmacist or nurse, as order, and shall entitle that person to be
the case may be, until a final judgment, registered, with effect from that date, in
order or other determination is made or the appropriate register of ayurvedic
entered by such court in those proceedings. practitioners, the register of ayurvedic
pharmacists or the register of ayurvedic
(3) Where a person is registered as an nurses, as the case may be. It shall be the
ayurvedic practitioner in both the general duty of the Registrar, subject to the
register and the special register, the Council provisions of subsection (2) of section 60, to
shall, if his registration in the general enter the name of, and such particulars as
register is cancelled, by order cancel his may be prescribed by rules made by the
registration in the special register. Council under this Act relating to, such
person in such register.
(4) No order of refusal, cancellation or
suspension shall be made by the Council (2) Where an order made by the Council
under subsection (1) or subsection (2) or cancelling the registration of any person
subsection (3) in respect of any person until as an ayurvedic practitioner, ayurvedic
such person has been given an opportunity pharmacist or ayurvedic nurse takes effect,
of being heard against the making of such it shall be the duty of the Registrar to
order. At any such hearing— remove the name and particulars of that
(a) the Council may employ the services person from the register of ayurvedic
of a lawyer to lead the evidence and practitioners, the register of ayurvedic
present the case against such person pharmacists, or the register of ayurvedic
and of another lawyer to advise the nurses, as the case may be.
Council and to act as judicial
(3) Where an order made by the Council
assessor; and
suspending the registration of any person
(b) such person may employ the services as an ayurvedic practitioner, ayurvedic
of a lawyer to lead evidence on his pharmacist or ayurvedic nurse takes effect,
behalf and present his case. he shall not exercise or enjoy, during the
period of such suspension, the rights and
(5) No order of refusal, cancellation or privileges conferred by this Act on a
suspension made by the Council under registered ayurvedic practitioner, registered
subsection (1) or subsection (2) or ayurvedic pharmacist or registered
subsection (3) in respect of any person shall ayurvedic nurse, as the case may be.
take effect until the expiry of the period
within which an appeal may be preferred 60. (1) The fee for registration as Registration
against it to the Minister under section 63, an ayurvedic practitioner, ayurvedic fee.
and, in the event of an appeal being duly pharmacist or ayurvedic nurse shall be such
preferred against it to the Minister under sum as may be prescribed by rules made by
that section, unless and until the order is the Council under this Act.
confirmed in appeal.
(2) The Registrar shall not register the
Service of 58. A copy of an order made by the name of any person in the register of
copies of Council allowing or refusing an application ayurvedic practitioners, the register of
orders made by
the Council. of any person for registration as an ayurvedic pharmacists or the register of
ayurvedic practitioner, ayurvedic ayurvedic nurses until the fee for
pharmacist or ayurvedic nurse, or cancelling registration as an ayurvedic practitioner,
or suspending the registration of any person ayurvedic pharmacist or ayurvedic nurse, as
as such practitioner, pharmacist or nurse, the case may be, is paid by that person.
shall be sent by registered post to such
person by the Registrar. 61. Where a person is registered as Certificate of
an ayurvedic practitioner, ayurvedic registration.
Effect of orders 59. (1) An order made by the Council pharmacist or ayurvedic nurse, the Registrar
made by the allowing the application of any person for shall send by registered post to such person
Council and
duty of registration as an ayurvedic practitioner, a certificate of registration in such form as
Registrar to ayurvedic pharmacist or ayurvedic nurse, may be prescribed by rules made by the
give effect to
such orders. shall take effect on the date specified in the Council under this Act.

VI/83
Cap. 116] AYURVEDA
Insertion of 62. Where a registered ayurvedic 64. (1) A registered ayurvedic Use of the title
additional practitioner, registered ayurvedic practitioner, and no other person, shall be "Vaiya-
qualifications
in the registers. pharmacist or registered ayurvedic nurse entitled to use the title " Vaidyacarya" carya"'.
obtains any recognized qualification relating either before or after his name.
to his profession which is not specified in
the register of ayurvedic practitioners, the (2) Any person who contravenes the
register of ayurvedic pharmacists or the provisions of subsection (1) shall be guilty
register of ayurvedic nurses, as the case may of an offence.
be, in respect of him, such person shall be
entitled, on payment of such fee as may be 65. For the purposes of any written law, Meaning of
a registered ayurvedic practitioner shall be " legally or
prescribed by rules made by the Council duly qualified
under this Act, to have such new deemed to be a legally or duly qualified practitioner of
qualification inserted in that register in practitioner of ayurveda. ayurveda ".
respect of him.
66. For the purposes of any written law, Meaning of
a registered ayurvedic pharmacist shall be " legally or
In the section, " recognized qualification " deemed to be a legally or duly qualified
duly qualified
means any qualification recognized for the ayurvedic
ayurvedic pharmacist. pharmacist".
purpose of this Act by the Ayurvedic
Medical Council. 67. (1) Every registered ayurvedic Privileges of
practitioner shall be entitled to practise registered
ayurvedic
ayurveda. practitioners.
Appeals. 63. (1) Where an order is made by the
Council under this Part refusing the (2) E v e r y r e g i s t e r e d a y u r v e d i c
application of any person for registration as practitioner shall be entitled to sue for and
an ayurvedic practitioner, ayurvedic recover in due course of law by action in a
pharmacist or ayurvedic nurse, or cancelling court of competent jurisdiction any
or suspending such registration, such person reasonable sum claimed by him as—
may, within fourteen days after the
communication of that order to him, appeal (a) fees for any services rendered or
against that order to the Minister. advice given or work done in his
professional capacity;
(2) Upon the hearing of any appeal (b) charges for any medicines, medicinal
preferred under subsection (1), the Minister preparations or appliances or
shall, after hearing any representations or medicated articles of food or drink,
evidence that may be adduced by or on supplied by him; or
behalf of the appellant or of the Council,
give such decision not inconsistent with any (c) expenses incurred by him in
provision of this Act upon the appeal as to connexion with or for the purposes
the Minister may seem just. of the medical treatment of any
patient.
(3) The decision of the Minister on any
appeal preferred under subsection (1) shall 68. No person who is not a registered Disabilities of
be final and conclusive, and in any case ayurvedic practitioner shall be entitled to unregistered
ayurvedic
where such decision is that an application institute or maintain an action-at-law in any practitioners.
for the registration of any person as court for the recovery of any fees, charges
an ayurvedic practitioner, ayurvedic or expenses of any description referred to in
pharmacist or ayurvedic nurse shall be subsection (2) of section 67,
allowed, it shall be the duty of the Registrar,
subject to the provisions of subsection (2) of 69. (1) A person who, not being a Pretence to be
section 60, to enter the name of, and such registered ayurvedic practitioner,— a registered
ayurvedic
particulars as may be prescribed by rules practitioner, or
made by the Council under this Act relating (a) uses the title of " registered ayurvedic practising for
-to, that person in the register of ayurvedic practitioner" in Sinhala or its gain as an
ayurvedic
practitioners, the register of ayurvedic equivalent in any other language, practitioner
pharmacists or the register of ayurvedic either alone or in combination with when not
nurses, as the case may be. any other word or letters ; or registered to be
an offence.

VI/84
 AYURVEDA [Cap. 116
(b) uses any name, title, addition or (a) he employs a registered ayurvedic
description implying that such pharmacist to personally
person is a registered ayurvedic superintend and manage the sale or
practitioner, dispensing of medicines, drugs or
poisons at such pharmacy, and
shall be guilty of an offence.
(b) the name of the pharmacist so
(2) Any registered ayurvedic practitioner employed has been notified in
who, not being a person whose name is writing to the Council.
included in the special register of ayurvedic
practitioners, uses any name, title, addition 72. Any person who, not being a Practising for
or description or otherwise does any act of registered ayurvedic pharmacist, or a gain as an
ayurvedic
any kind, implying that his name is so registered ayurvedic nurse, practises for gain pharmacist or
included shall be guilty of an offence. ayurvedic pharmacy or ayurvedic nursing, ayurvedic
as the case may be, shall be guilty of an nurse when not
registered to be
(3) Any person who, not being a offence. an offence.
registered ayurvedic practitioner, practises
for gain ayurvedic medicine or surgery shall
be guilty of an offence. 73. Every person whose name is Certain
included in any register which, by virtue of persons
deemed to be
Registered 70. (1) Every registered ayurvedic subsection (3) of section 51, is deemed to registered as
ayurvedic pharmacist shall be entitled to practise be a register of ayurvedic practitioners ayurvedic
pharmacists maintained under this Act shall be deemed practitioners
and registered ayurvedic pharmacy. under this Act.
ayurvedic to be a registered ayurvedic practitioner.
nurses entitled (2) Every registered ayurvedic nurse shall
to practise.
be entitled to practise ayurvedic nursing.
PART VIII
Pretence to be 71. (1) A person who, not being a
a registered registered ayurvedic pharmacist or a GENERAL
ayurvedic
pharmacist or registered ayurvedic nurse,—
a registered 74. Notwithstanding the change of Continuation
ayurvedic (a) uses the title of " registered ayurvedic designation of the Department heretofore in employment
nurse to be an of members of
offence. pharmacist" or " registered called the Department of Indigenous the
ayurvedic nurse " , as the case may Medicine, all persons holding office as Department of
be, in Sinhala or its equivalent in members of the staff of that Department at Indigenous
Medicine.
any other language, either alone or the appointed date or otherwise employed in
in combination with any other word that Department at that date shall continue
or letters; or in office or employment in the Department
for Ayurveda constituted by this Act.
(b) uses any name, title, addition or
description implying that he is a
registered ayurvedic pharmacist or 75. (1) Wherever, in any provision of Amendment of
a registered ayurvedic nurse, as the any other written law or of any notice, other written
laws, &c.,
case may be, permit, communication, form or other consequent on
document issued, made, required or the change of
shall, unless he is entitled to do so by virtue authorized by or under any other written designation of
the
of subsection (2), be guilty of an offence. law, the expression " Commissioner of Commissioner
Indigenous Medicine " occurs, there shall be of Indigenous
(2) A person who is registered under substituted therefor the expression Medicine, and
savings for
section 10 as the proprietor of a registered " Commissioner for Ayurveda"; and contracts, &c.
ayurvedic pharmacy may, .notwithstanding accordingly wherever in any such provision
that he is not a registered ayurvedic the abbreviation " Commissioner " is used to
pharmacist, use, for the purposes of the denote the Commissioner of Indigenous
business of such pharmacy, any name, title, Medicine, such abbreviation shall be read
addition or description which may be used and construed as a reference to. the
by a registered ayurvedic pharmacist, if— Commissioner for Ayurveda.

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Cap. 116] AYURVEDA
(2) If the designation of any office in the of Indigenous Medicine, all persons holding
Department of Indigenous Medicine (as office as members of the staff of that
constituted prior to the appointed date) is College or that Hospital at the appointed
altered— date or otherwise employed in that College
or that Hospital at that date shall continue
(a) the Minister may, by Order published in office or employment in the College of
in the Gazette, declare that the Ayurvedic Medicine or the Central Hospital
provisions of this subsection shall of Ayurveda, as the case may be.
apply in relation to that
designation; and (3) Wherever, in any provisions of any
other written law or of any notice, permit,
(b) upon such declaration being made, communication, form or other document
then, wherever that designation issued, made, required or authorized by or
occurs in any provision of any other under any other written law, the expression
written law or of any notice, permit, " Principal of the College of Indigenous
communication, form or other Medicine " occurs, there shall be substituted
document issued, made, required or therefor the expression " Principal of the
authorized by any other written College of Ayurvedic Medicine", or the
law, there shall be substituted for expression " Medical Superintendent of the
that designation the new Hospital of Indigenous Medicine " occurs,
designation assigned to the there shall be substituted therefor the
corresponding office in the expression " Medical Superintendent of the
Department for Ayurveda. Central Hospital of. Ayurveda"; and
accordingly wherever in any such provision
(3) Every contract, agreement or other the abbreviation " Principal " or " Medical
instrument or document whatsoever made, Superintendent" is used to denote the
issued or executed prior to the appointed Principal of the College of Indigenous
date by or in favour of the Commissioner of Medicine or the Medical Superintendent of
Indigenous Medicine or any officer of that the Hospital of Indigenous Medicine, such
Department in his capacity as such, shall be abbreviation shall be read and construed as
deemed on and after the appointed date to a reference to the Principal of the College of
be and to have been made, issued, or Ayurvedic Medicine or the Medical
executed by or in favour of the Superintendent of the Central Hospital of
Commissioner for Ayurveda or the officer Ayurveda, as the case may be.
holding the corresponding office in the
Department for Ayurveda in his capacity as (4) If the designation of any office in the
such; and any reference in any such College of Indigenous Medicine or the
contract, agreement, or other instrument or Hospital of Indigenous Medicine (as
document to any officer in the Department constituted prior to the appointed date) is
of Indigenous Medicine (as constituted prior altered—
to the appointed date) shall be read and
construed as a reference to the officer (a) the Minister may, by Order published
holding the corresponding office in the in the Gazette, declare that the
Department for Ayurveda. provisions of this subsection shall
apply in relation to that
designation; and
Change of 76. (1) On and after the appointed date,
name of the the College of Indigenous Medicine shall be (b) upon such declaration being made,
College of
Indigenous called and known as the College of then, wherever that designation
Medicine and Ayurvedic Medicine, and the Hospital of occurs in any provision of any other
the Hospital of Indigenous Medicine shall be called and written law or of any notice, permit,
Indigenous
Medicine and known as the Central Hospital of Ayurveda. communication, form or other
consequential document issued, made, required or
provisions. (2) Notwithstanding the change of authorized by any other written
designation of the College heretofore called law, there shall be substituted for
the College of Indigenous-Medicine, or of that designation the new
the Hospital heretofore called the Hospital designation assigned to the

VI/86
 AYURVEDA [Cap. 116
corresponding office in the College making of applications for such
of Ayurvedic Medicine or the registration or such licences, and
Central Hospital of Ayurveda, as the grant, refusal and cancellation
the case may be. of such registration or such
licences;
(5) Every contract, agreement, or other
instrument or document whatsoever made, (c) the precautions to be taken, and the
issued, or executed prior to the appointed conditions to be complied with, in
date by or in favour of the Principal of the such manufacture, sale, supply,
College of Indigenous Medicine or the distribution or dispensing;
Medical Superintendent of the Hospital of
(d) the books and records to be kept and
Indigenous Medicine or any officer of that
maintained, and the returns to be
College or that Hospital in his capacity as
furnished, by persons engaged in
such, shall be deemed on and after the
such manufacture, sale, supply,
appointed date to be and to have been
distribution or dispensing;
made, issued, or executed by or in favour of
the Principal of the College of Ayurvedic (e) the inspection of the premises in
Medicine or the Medical Superintendent of which such manufacture, sale,
the Central Hospital of Ayurveda, as the supply, distribution or dispensing is
case may be, or of the officer holding the carried on, and of the records and
corresponding office in that College or that books kept and maintained for that
Hospital in his capacity as such; and any purpose;
reference in any such contract, agreement,
or other instrument or document to any (f) any other matters incidental to or
officer of the College of Indigenous connected with the matters
Medicine or of the Hospital of Indigenous aforesaid.
Medicine (as constituted prior to the
appointed date) shall be read and construed (2) The Ayurvedic Code may, in so far as
as a reference to the officer holding the it may be necessary for the purpose of
corresponding office in the College of giving full force and effect to the provisions
Ayurvedic Medicine or the Central Hospital of that Code, provide that any such
of Ayurveda, as the case may be. provisions of the Poisons, Opium, and
Dangerous Drugs Ordinance or the Excise
Ayurvedic 77. (1) Regulations may be made under Ordinance as are specified in that Code shall
Code. this Act prescribing an Ayurvedic Code not apply, or shall apply subject to any such
containing all such provisions in respect of modifications so specified, to or in relation
all such matters as the authority empowered to any class of persons or any matters so
to make such regulations may deem specified:
necessary to prohibit, regulate or control the
Provided, however, that no such
manufacture, sale, supply, distribution or
provision shall be made in that Code in
dispensing of any article, substance or drug
respect of the Excise Ordinance without the
for the purpose of Ayurvedic medicine and
prior concurrence of the Minister to whom
surgery. Such Code may, without prejudice
the subject or function of the administration
to the generality of the powers hereinbefore
of that Ordinance has been assigned by the
conferred, make provision in respect of all
President.
or any of the following matters;—
(a) the declaration of any article, 78. Every person who contravenes or Contravention
substance or drug as a poison, fails to comply with the provisions of any of regulations
poisonous substance or dangerous regulation shall be guilty of an offence. an offence.
drug, as the case may be, for that
purpose; 79. Where an offence under this Act is Offences in
committed in or in relation to any registered relation to
registered
(b) the introduction and operation of a ayurvedic hospital, any registered ayurvedic ayurvedic
system of registration or licensing pharmacy, any registered ayurvedic hospitals,
for the purpose of effecting such dispensary or any registered ayurvedic store, pharmacies,
dispensaries
regulation or control, including the then, without prejudice to any proceedings and stores.

VI/87
 Cap. 116] AYURVEDA

that may be taken in respect of such offence total number of votes polled at the
against the person by whom it was election as may be set out in the
committed, the person for the time being regulations.
registered as the proprietor of such hospital,
(3) No regulation made by the Minister
pharmacy, dispensary or store, as the case
shall have effect until it is approved by
may be, as well as the person for the time
Parliament and notification of such
being in charge thereof shall each be guilty approval is published in the Gazette.
of such offence unless he proves that such
offence was committed without his 83. The provisions of the Medical Medical
knowledge, or that he exercised all due Ordinance shall not apply to or in relation Ordinance not
diligence to prevent the commission of such to the practice of, or persons practising,
to apply to the
practice of
offence. medicine, surgery, pharmacy or nursing medicine,
according to ayurveda. surgery,
Punishment for 80. Every person who commits an pharmacy or
offences under nursing
offence under this Act shall, on conviction according to
this Act.
after summary trial before a Magistrate, be ayurveda.
liable to a fine not exceeding five hundred
rupees. *85. Section 64 of the Food and Drugs Amendment of
Act+is hereby amended, in subsection (3) of Food and
Duty of 81. It shall be the duty of the Registrar- that section, by the substitution, in Drugs Act.
Registrar- General of Births and Deaths to notify or to paragraph (a) of that subsection, for all the
Genera! to words from " includes " to the end of that
notify the cause to be notified to the Ayurvedic
deaths of Medical Council the name of any registered paragraph, of the words, " includes a
registered ayurvedic practitioner, registered ayurvedic registered ayurvedic practitioner within the
ayurvedic
pharmacist or registered ayurvedic nurse meaning of that term in the Ayurveda Act;
practitioners, and"
registered whose death is registered under the Births
ayurvedic and Deaths Registration Act.
pharmacists 86. Until the coming into force of the Modification
and registered Ayurvedic Code, the Poisons, Opium, and of Poisons,
ayurvedic Opium, and
nurses. Dangerous Drugs Ordinance shall have Dangerous
effect subject to the modifications specified Drugs
Regulations. 82. (1) The Minister may make in the Schedule to this Act. Ordinance.
regulations for the purpose of carrying out
and giving effect to the principles and
*88. All movable and immovable Transfer of
provisions of this Act. property of
property of the Board of Indigenous
Board of
[§ 3,5 of 1962,] (2) In particular and without prejudice to Medicine is hereby transferred to, and shall Indigenous
the generality of the powers conferred by be the property of, the State. Medicine to
the State.
subsection (1), the Minister may make
regulations for or in respect of all or any of 89. In this Act, unless the context Interpretation.
the following matters :— otherwise requires,—
(a) any matter for which regulations are " appointed date " means the 1st day of
authorized by this Act to be made; October, 1962;

[§2,6 of 1978.] (b) the holding of elections necessary for " approved ayurvedic teaching
the purpose of constituting, or institution" means any ayurvedic
filling vacancies in the Ayurvedic teaching institution approved by the
Medical Council or the Ayurveda Minister for the purposes of this
Education and Hospital Board, Act;
including the calling for deposits "ayurveda" includes the Siddha and
from candidates seeking election Unani and Desiya Chikitsa systems
and the forfeiture of any such of medicine and surgery and any
deposit made by a candidate where other system of medicine
the number of votes polled by him indigenous to Asian countries and
is less than such proportion of the r e c o g n i z e d as such by their
* Repealing sections 84 and 87 are omitted.
Repealed by the Food Act, No. 26 of 1980, with effect from 1st February, 1981.

VI/88
 AYURVEDA [Cap. 116

respective Governments and the appointed date, were administered

expression " ayurvedic" shall be by the Board of Indigenous
construed accordingly: Medicine;
" registered ayurvedic hospital" means a
[ 14, Law 7 of " Ayurvedic College and Hospital Board "
hospital registered under this Act as
1977.] means the Ayurvedic College and
Hospital Board established under an ayurvedic hospital;
subsection (1) of section 22 of this " registered ayurvedic nurse" means a
Act, prior to the amendment person registered under this Act as
thereof by Law No. 7 of 1977 ; an ayurvedic nurse;
" ayurvedic pharmacy " includes any place " registered ayurvedic pharmacy " means
where ayurvedic drugs or medicines a pharmacy registered under this
are manufactured, prepared or Act as an ayurvedic pharmacy;
compounded;
" registered ayurvedic pharmacist " means
" Board of Indigenous Medicine " means a person registered as an ayurvedic
the Board of Indigenous Medicine pharmacist under this Act;
established under the Indigenous
Medicine Ordinance ;* " registered ayurvedic practitioner"
means a person registered as an
" College of Indigenous Medicine " means ayurvedic practitioner under this
the College of Indigenous Medicine Act, and includes any person who is
which, on the day immediately deemed to be so registered under
preceding the appointed date, was section 73;
administered by the Board of
" register of ayurvedic nurses " means the
Indigenous Medicine;
register maintained by the
" dispensary" means any premises ' Ayurvedic Medical Council under
(howsoever described) used or this Act for the registration of
intended to be used for the outdoor ayurvedic nurses ;
treatment of persons suffering from " register of ayurvedic practitioners"
illness, but does not include a means the general register, or the
pharmacy; special register, maintained by the
" hospital" means any premises Ayurvedic Medical Council under
(howsoever described) used or this Act for the registration of
intended to be used for the ayurvedic practitioners, and
reception, nursing and treatment of includes any register which is
persons suffering from any illness deemed to be a general register of
or infirmity, and includes a nursing ayurvedic practitioners or a special
home or maternity home, but does register of ayurvedic practitioners
not include a dispensary; under subsection (3) of section 51;
and
" Hospital of Indigenous Medicine "
means the Hospital of Indigenous " register of ayurvedic pharmacists"
Medicine and the Pharmacy, means the register maintained by
Herbarium and Dispensary the Ayurvedic Medical Council
attached thereto which, on the day under this Act for the registration
i m m e d i a t e l y p r e c e d i n g the of ayurvedic pharmacists.

SCHEDULE

MODIFICATION OF THE POISONS, OPIUM, AND DANGEROUS DRUGS ORDINANCE

Section 2 : (1) As though the definitions of " medical practitioner ", " dentist " and " pharmacist ", were
omitted.

* Repealed by Act No. 31 of 1961.

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Cap. 116] AYURVEDA
(2) As though, immediately after the definition of " container ", there were inserted the following
new definition :—
'" dentist " means a person registered as a dentist under the Medical Ordinance ;'.
(3) As though, immediately after the definition of " local authority ", there were inserted the
following new definitions:—
"Medical practitioner" means a person registered as a medical practitioner under the
Medical Ordinance, and includes a registered ayurvedic practitioner ;

" pharmacist" means a person registered as a pharmacist under the Medical Ordinance,
and includes a registered ayurvedic pharmacist;

" registered ayurvedic pharmacist" means a person registered as an ayurvedic pharmacist

under the Ayurveda Act, and includes any person who, by virtue of subsection (2)
of section 71 of that Act, is entitled to use, for the purposes of the business of a
registered ayurvedic pharmacy, any name, title, addition or description which may
be used by a registered ayurvedic pharmacist;

" registered ayurvedic practitioner " has the same meaning as in the Ayurveda Ad, '.

Section 10: As though in paragraph (a) of that section, there were omitted the words " a vederala, ".

Section 12: As though section 12 were repealed.

Section 13: As though in subsection (2) of that section, there were omitted the word " vederala, ".

Section 23: As though in paragraph (a) of subsection (3) of that section, there were omitted the word
" vederalas,".

Section 32: As though in subsection (2) of that section, there were substituted, for the words "registered
vederalas ". the words " registered ayurvedic practitioners.".

Section 35: (1) As though in subsection (1) of that section, there were substituted, for the words "registered
vederalas.", the words " registered ayurvedic practitioners-".

(2) As though in paragraph (b) of subsection (4) of that section, there were substituted, for the
words " registered vederala ", the words " registered ayurvedic practitioner, ".

Section 36: As though in paragraph (b) of that section, there were substitutted, for the words "registered
vederala ", the words " registered ayurvedic practitioner ".

Section 42: (1) As though for the marginal note to that section, there were substituted the following new
marginal note:—
" Appointment of
boards to deal
with applications
for opium
certificates. "
(2) As though subsection (1) of that section were repealed.

(3) As though subsection (2), subsection (3), subsection (4), subsection (5) and subsection (6) of
that section were renumbered as subsection (1), subsection (2), subsection (3), subsection (4)
and subsection (5).

(4) As though in renumbered subsection (2) of that section, there were substituted—

(a) for the words " registration by vederalas ", the words " opium certificates by registered
ayurvedic practitioners ";

(b) for the words "direct or refuse registration", the words "grant or refuse such
applications "; and

(c) for the word " vederala," the words " ayurvedic practitioner,".

(5) As though in renumbered subsection (3) of that section, there were substituted, for the words
" registration of a vederala", the words " opium certificate of a registered ayurvedic
practitioner ".
(6) As though in renumbered subsection (5) of that section, there were substituted, for the words
" vederalas registered in his district", the words " the registered ayurvedic practitioners in his
district to whom opium certificates have been issued ",

VI/90
 AYURVEDA [Cap. 116
Section 43: (1) As though for the marginal note to that section, there were substituted the following new
marginal note:—

" Supply of opium

to registered
ayurvedic
practitioners,"

(2) As though in subsection (1) of that section, there-were substituted, for all the words from
" The " to " vederala ", the following:—

"Where an application for an opium certificate by a registered ayurvedic practitioner is

granted by the Board, the Government Agent shall issue such certificate to such
practitioner ".

(3) As though in subsection (2) of that section, there were substituted—

(a) for the words " registration of a vederala ", the words " opium certificate of a registered
ayurvedic practitioner "; and

(b) for the words " the vederala ", the words " such practitioner ". .

(4) As though in paragraph (a) of subsection (3) of that section, there were substituted—

(a) for the word " vederala ", the words " ayurvedic practitioner "; and

(b) for the words " certificate of registration ", the words " opium certificate ".

(5) As though in paragraph (b) of subsection (3) of that section, there were substituted, for the
word " vederala ", the words " ayurvedic practitioner ".

Section 46: As though the words " or a vederala " and the words " or vederalas " were omitted.

Section 58: As though in subsection (2) of that section, there were substituted, for the words "Medical
Ordinance, ", the following:—

"Medical Ordinance and, where the medical practitioner is a registered ayurvedic

practitioner, refer the case to the Ayurvedic Medical Council established under the Ayurveda
Act and not the Ceylon Medical Council,".

Section 74: As though in paragraph (b) of that section, there were omitted the words " or as a vederala, ".

Second Schedule:

(1) As though in paragraph (3) of regulation 10, there were substituted—

(a) for the words lt consumers and vederalas ", the words " consumers, and of registered ayurvedic
practitioners to whom opium certificates have been issued, "; and

(b) for the word " vederala ", the word " practitioner ".

(2) As though in regulation 15—

(a) there were substituted in paragraph (1) of that regulation—

(i) for the word " vederalas ", the words " registered ayurvedic practitioners to whom
opium certificates have been issued ", and
(ii) for the words " consumer's or vederala's certificate ", the words " consumer's certificate
of registration or registered ayurvedic practitioner's opium certificate "; and
(b) there were substituted in paragraph (2) of that regulation, for the word "vederala ", wherever it
occurs therein, the words " registered ayurvedic practitioner ".

(3) As though in regulation 16, there were substituted, for the words "vederala", the words "registered
ayurvedic practitioner".

(4) As though there were substituted in Part IV, for the heading " Vederalas ", the heading " Registered
Ayurvedic Practitioners ".

(5) As though in regulation 26, there were substituted, for the words " to be registered as vederalas ", the
words " for opium certificates by registered ayurvedic practitioners ".

VI/91
Cap. 116] AYURVEDA
(6) As though in regulation 27, there were substituted, for the words "Certificates of registration", the
words " Opium certificates ", and for the word " vederala", the words " registered ayurvedic
practitioner ".

(7) As though in regulation 28, there were substituted, for the word " vederalas ", the words " registered
ayurvedic practitioners to whom opium certificates have been issued ".

(8) As though in regulation 29, there were substituted, for the word " vederalas ", the words " registered
ayurvedic practitioners ".

(9) As though in regulation 30, there were substituted, for the word "vederala," the words "ayurvedic
practitioner to whom an opium certificate has been issued, ".

(10) As though in regulation 31, there were substituted—

(a) for the word " Regulation ", the words and figures " Paragraphs (1) to (4) of regulation ";

(b) for the word " vederalas ", the words " registered ayurvedic practitioners "; and

(c) for the words " it applies ", the words " they apply ".

(11) As though immediately after regulation 31, there were inserted the following new regulation:—.

" 32. In the case of a lost or mutilated opium certificate, the Government
Agent or opium officer shall issue a true copy of that certificate. The true copy
must bear the same number as the original certificate. ".

(12) As though in Opium Form No. 5, there were substituted—

(a) for the word "VEDERALAS" the words "REGISTERED AYURVEDIC

PRACTITIONERS TO WHOM OPIUM CERTIFICATES HAVE BEEN
ISSUED";

(b) for the words " Certificate of Registration ", the words " Opium Certificate "; and

(c) for the word " Vederala", wherever it occurs therein, the words " Registered
Ayurvedic Practitioner".

(13) As though in Opium Form No. 9,—

(a) there were substituted, for the words "TO BE REGISTERED AS A

VEDERALA", the words "FOR AN OPIUM CERTIFICATE BY A
REGISTERED AYURVEDIC PRACTITIONER ";

(b) there were omitted the items 6, 7 and 8; and

(c) items 9 and 10 were renumbered as items 6 and 7.

(14) As though for Opium Form No. 10, there were substituted the following:—
\
" (Regulation 27) Opium Form No. 10

OPIUM CERTIFICATE OF A REGISTERED

AYURVEDIC PRACTITIONER

(Not transferable)

I certify under Chapter IV of the Poisons, Opium, and Dangerous Drugs Ordinance
that..................................., of.......................... who is a registered ayurvedic practitioner, is
entitled to be supplied with opium of the description and quantity specified in the Schedule hereto
for the period so specified and that he may obtain such opium from the opium officer so specified.

VI/92
 AYURVEDA [Cap. 116
Schedule

Quantity and kind of opium

allowed for six months :—
Opium officer from whom the
opium may be obtained ;—
...................................................................
Signature of Government Agent or Assistant Government Agent.

Date: . . . . . . . . . . . . 19 .. .".

(15) As though in Opium Form No. 11, there were substituted—

(a) for the word " VEDERALAS", the words " REGISTERED AYURVEDIC
PRACTITIONERS TO WHOM OPIUM CERTIFICATES HAVE BEEN
ISSUED";

(b) for the words " Certificate of Registration ", the words " Opium Certificate ";

(c) for the word " Vederala ", the words " Registered Ayurvedic Practitioners "; and

(16) As though in Opium Form No. 20, there were omitted the words " OR VEDERALA ", and the words
" or Vederala " wherever they occur in that Form.

(17) As though in Opium Form No. 21, there were substitutted, for the word "Vederala", the words
" Registered Ayurvedic Practitioner ".

VI/93