Ayurveda Act

: Last Updated: 22 November 2023

AYURVEDA Act

Arrangement of Sections

1. Short title.

PART I

The Department of AyurvedA

2. A Department of Ayurveda to be established.

3. Appointment of the Commissioner-General for Ayurveda and other officers.

4. Delegation of the Commissioners powers and duties.

5. Minister’s power to authorise any officer to exercise or perform any power or duty of a Deputy Commissioner or an Assistant Commissioner for Ayurveda.

6. Commissioner to be subject to directions of Minister.

7. Objects of the Act.

7A. Utilisation of moneys granted from the Consolidated Fund and crediting of moneys to the Consolidated Fund.

PART II

Powers of the Commissioner

8. Establishment and maintenance of Ayurveda hospitals by the Commissioner.

9. Financial assistance by the Commissioner.

10. Ayurveda hospitals, herbal cultivation, pharmacies, dispensaries and stores to be registered.

PART III

The Ayurveda Medical Council

11. Constitution of the Ayurveda Medical Council.

12. Term of office of members of the Council.

13. Vacation of office by members of the Council.

14. Filling up of vacancies.

15. The President and the Vice President of the Council.

16. Quorum.

17. Regulation of procedure of the Council.

18. The Council to be the authority responsible for the registration of Ayurveda practitioners, Ayurveda pharmacists and Ayurveda nurses and the regulation and control of their professional conduct.

19. Registrar and other officers and servants of the Council.

20. The Council to be a body corporate.

21. Funds of the Council.

21A. Accounts of the council and financial year.

21B. Audit of the accounts of the Council.

21C. The Auditor-General’s report.

21D. Annual accounts with the auditor’s report and a report of the annual activities of the Council to be transmitted to the Minister.

PART IV

The Ayurveda Education and Hospital Board

22. The Ayurveda Education and Hospital Board.

23. Term of office of the members of the Board.

24. Vacation of office by members of the Board.

25. Filling up of vacancies.

26. Chairman of the Board.

27. Quorum.

28. Regulation of proceedings of the Board.

29. Delegation of powers, functions or duties of the Board to committees.

30. Powers of the Board.

31. Registrar of the Board.

32. Expenditure of the Board.

PART V

The Ayurveda Research Committee

33. Constitution of the Ayurveda Research Committee.

34. Tenure of office of members of the Committee.

35. Vacation of office by members of the Committee.

36. Filling up of vacancies.

37. Chairman of Committee.

38. Quorum.

39. Regulation of proceedings of the Committee.

40. Expenditure of the Committee.

41. Duties of the Committee.

PART VI

Special Provisions Applicable to Bodies Established under This Act

42. Definition of the expression “Body” for the purposes of this Part.

43. A Body to be subject to general and special directions of the Minister.

44. Proceedings of any Body.

45. Remuneration for attendance at a meeting of a Body.

46. Protection for action taken under this Act or on the direction of a Body.

47. No writ to issue against person or property of a member of a Body.

48. A Body deemed to be a scheduled institution within the meaning of the Bribery Act.

49. Power of a body to make rules.

PART VII

Registration of Ayurveda practitioners, Pharmacists and Nurses

50. Definition of certain expressions for the purposes of this Part.

51. Registers.

52. Applications for registration as an ayurvedic practitioner.

53. Applications for registration as an Ayurveda pharmacist, Ayurveda nurse and Ayurveda massage therapist.

54. Applications for registration by persons whose registration has been previously cancelled.

55. Qualifications for registration as an ayurvedic practitioner.

56. Qualifications for registration as Ayurveda pharmacist, Ayurveda nurse or Ayurveda massage therapist.

57. Grounds on which registration may be refused, cancelled or suspended.

58. Service of copies of orders made by the Council.

59. Effect of orders made by the Council and duty of Registrar to give effect to such orders.

60. Registration fee.

61. Fees to be charged for the purposes of section 18, in the exercise of powers under section 30 and in carrying out duties under section 41.

62. Insertion of additional qualifications in the registers

63. Appeals.

64. Use of the title “Vaidya-carya”.

65. Meaning of “legally or duly qualified practitioner of ayurveda”.

66. Ayurveda pharmacist, Ayurveda nurse or Ayurveda massage therapist to be treated as duly qualified.

67. Privileges of registered Ayurveda practitioners.

68. Disabilities of unregistered Ayurveda practitioners.

69. Pretence to be a registered ayurvedic practitioner, or practising for gain as an ayurvedic practitioner when not registered to be an offence.

70. Registered Ayurveda pharmacist, registered Ayurveda nurse or registered Ayurveda massage therapist entitled to manufacture or practice.

71. Pretence to be a registered ayurvedic pharmacist or a registered ayurvedic nurse to be an offence.

72. Practising for gain as an Ayurveda pharmacist or Ayurveda nurse or Ayurveda massage therapist when not registered to be an offence.

73. Certain persons deemed to be registered as an Ayurveda practitioners under this Act.

PART VIII

General

74. Continuation in employment of members of the Department of Indigenous Medicine.

75. Amendment of other written laws consequent on the change of designation of the Commissioner of Indigenous Medicine, and savings for contracts.

76. Change of name of the College of Indigenous Medicine and the Hospital of Indigenous Medicine and consequential provisions.

77. Ayurvedic Code.

78. Contravention of regulations an offence.

79. Offences in relation to registered Ayurveda hospitals, pharmacies, drug manufactories, herbal cultivations, dispensaries and stores.

80. Offences and penalties.

81. Duty of Registrar-General to notify the deaths of registered Ayurveda practitioners, registered Ayurveda pharmacists and registered Ayurveda nurses.

82. Regulations.

83. Medical Ordinance not to apply to the practice of medicine surgery, Ayurveda drug manufacturing, nursing or Ayurveda massage therapy according to ayurveda.

84. Omitted.

85. Amendment of Food and Drugs Act.

86. Modification of Poisons Opium, and Dangerous Drugs Ordinance.

87. Omitted.

88. Transfer of property of Board of Indigenous Medicine to the State.

89. Interpretation.

SCHEDULES.

7 of 1977,

31 of 1961,

5 of 1962,

9 of 1969,

38 of 1971,

6 of 1978,

16 of 1978,

19 of 2023.

AN ACT to provide for the establishment of a Department of Ayurveda; for the registration of Ayurveda hospitals, Ayurveda pharmacies, Ayurveda dispensaries, Ayurveda stores, herbal cultivations and herbal gardens for research and extention; for the establishment of an Ayurveda Medical Council to register Ayurveda practitioners, Ayurveda pharmacists, Ayurveda nurses and Ayurveda massage therapists and to deal with matters relating to their professional conduct; for the establishment of an Ayurveda Education and Hospital Board to discharge certain functions in relation to the award of diplomas, certificates, degrees and postgratuate degrees in relation to the education and training in ayurveda and to deal with matters relating to the Ayurveda National Hospital, ayurveda teaching hospitals, ayurveda research hospitals and the pharmacies, herbaria and dispensaries attached thereto; for the establishment of an Ayurveda Research Committee to discharge certain functions in relation to research in ayurveda; to repeal the Indigenous Medicine Ordinance and the Ayurvedic Medical Council Ordinance; 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.

[Long title subs by s 2 of Law 7 of 1977; am by ss 2 and 3(1) of Act 19 of 2023.]

[Date of Commencement: 1st October, 1962]

1. Short title.

This Act may be cited as the Ayurveda Act.

PART I

The Department of Ayurveda

2. A Department of Ayurveda to be established.

There shall be a Department of Ayurveda (hereinafter referred to as “the Department”) to carry out the objects specified in section 7.

3. Appointment of the Commissioner-General for Ayurveda and other officers.

(1) There shall be appointed a person to be or to act as the Commissioner-General for Ayurveda (hereinafter referred to as “the Commissioner”) who shall be the Head of the Department.

[S 3(1) am by s 3(1) of Act 19 of 2023.]

(2) There may be appointed such number of Additional Commissioner-Generals for Ayurveda, Commissioners for Ayurveda, Deputy Commissioners for Ayurveda, Assistant Commissioners for Ayurveda and other officers as may be necessary for the purpose of carrying out the objects specified in section 7.

[S 3(2) am by s 4 of Act 19 of 2023.]

4. Delegation of the Commissioner’s powers and duties.

The Commissioner may delegate any of his powers or duties to any Additional Commissioner-Generals for Ayurveda, Commissioners for Ayurveda, Deputy Commissioners for Ayurveda, or Assistant Commissioner for Ayurveda.

[S 4 am by s 5 of Act 19 of 2023.]

5. Minister’s power to authorise any officer to exercise or perform any power or duty of a Deputy Commissioner or an Assistant Commissioner for Ayurveda.

The Minister may, by Order published in the Gazette, authorise any officer of the Department to exercise or perform any power or duty of a Additional Commissioner-Generals for Ayurveda, Commissioners for Ayurveda, Deputy Commissioners for Ayurveda, or an Assistant Commissioner for Ayurveda.

[S 5 am by s 6 of Act 19 of 2023.]

6. Commissioner to be subject to directions of Minister.

In the exercise and performance of his powers and duties under this Act, the Commissioner shall be subject to such general or special directions as may be issued, from time to time, by the Minister.

7. Objects of the Act.

The objects of the Act shall be—

(a) the provision of—

(i) establishments and services necessary for the treatment of diseases; and

(ii) the primary health care,

according to ayurveda;

(b) the encouragement of the study of, and research in, ayurveda by the grant of scholarships and other facilities to persons employed or proposed to be employed in the Department and by the grant of financial aid and other assistance to institutions providing courses of study or engaged in research in ayurveda;

(c) the taking, development or encouragement of measures for the investigation of diseases, and for the improvement of public health, according to ayurveda;

(d) the management of any herbarium established under section 8;

(e) the provision for the well-being of people by creating and maintaining orderly and efficient practices of Ayurveda medicine and surgery;

(f) the assurance of high professional standards by regulating performance and activities of registered Ayurveda professionals; and

(g) the provision of quality Ayurveda articles, substances, and drugs and the management of any Herbal Gardens for Research and Extension or herbal cultivation by implementing provisions of the Code referred to in section 77, by the Department or through any Body established under Part VI of the Act for that purpose.

[S 7 subs by s 7 of Act 19 of 2023.]

7A. Utilisation of moneys granted from the Consolidated Fund and crediting of moneys to the Consolidated Fund.

(1) The moneys granted from the Consolidated Fund from time to time shall be utilised in carrying out the objects of the Act.

(2) All such sums of money as may be received, levied, or collected under this Act by way of fees or otherwise in carrying out the objects specified in the Act and in the discharge of the functions of the Department shall be credited to the Consolidated Fund.

[S 7A ins by s 8 of Act 19 of 2023.]

PART II

Powers of the Commissioner

8. Establishment and maintenance of ayurveda hospitals by the Commissioner.

The Commissioner-General shall have the power to carry out the objects specified in paragraphs (a) to (e) of section 7 and in doing so the Commissioner-General may establish and maintain, or cause to be established or maintained, Ayurveda hospitals, Herbal Gardens for Research and Extension Services, Ayurveda pharmacies and herbariums, Ayurveda dispensaries and Ayurveda stores.

[S 8 am by ss 3(1) and 9 of Act 19 of 2023.]

9. Financial assistance by the Commissioner.

In carrying out the objects specified in section 7, the Commissioner may, with the prior approval of the Minister, grant any sum out of moneys voted for the purpose by Parliament—

(a) to the Ayurveda Medical Council;

[S 9(a) am by s 3(1) of Act 19 of 2023.]

(b) to any institution established and maintained for the training of practitioners of ayurveda;

(d) to any other institution established and maintained for the promotion of ayurveda; and

(e) to any deserving person for the prosecution of his studies in ayurveda.

10. Ayurveda hospitals, herbal cultivation, pharmacies, dispensaries and stores to be registered.

(1) On and after such date as may be appointed in that behalf by the Minister by Order published in the Gazette, no premises shall be used for the purpose of an Ayurveda hospital, herbal cultivation, Ayurveda pharmacy, Ayurveda dispensary or Ayurveda store, unless such premises are for the time being registered by the Commissioner as an Ayurveda hospital, herbal cultivation, Ayurveda pharmacy, Ayurveda dispensary or Ayurveda store, as the case may be, and the person carrying on such hospitals, herbal cultivation, pharmacy, dispensary or store, in such premises is for the time being registered by the Commissioner as the proprietor thereof.

[S 10(1) am by ss 3(1) and 10 of Act 19 of 2023.]

(2) The date appointed by Order published under subsection (1) shall be a date not earlier than three months after the date of the publication of that Order.

(3) Where any premises are used for the purpose of an Ayurveda hospital, herbal cultivation, Ayurveda pharmacy, Ayurveda dispensary or Ayurveda store, in contravention of the provisions of subsection (1), the person for the time being in charge of such hospital, herbal cultivation, pharmacy, dispensary or store, shall be guilty of an offence.

[S 10(3) am by ss 3(1) and 10 of Act 19 of 2023.]

(4) Regulations may be made under this Act for or in respect of all or any of the following matters—

(a) the making of applications for the registration of any premises as an Ayurveda hospital, herbal cultivation, Ayurveda pharmacy, Ayurveda dispensary or Ayurveda store;

[S 10(4)(a) am by ss 3(1) and 10 of Act 19 of 2023.]

(b) the form of such applications and the particulars to be contained therein;

(d) the period for which such registration shall be effective and the grant of certificates of renewal of such registration upon payment of the prescribed fee;

(e) the circumstances in which such registration may be refused or cancelled;

(f) the circumstances in which the renewal of such registration may be refused;

(g) appeals to the Minister against the refusal of applications for such registration or the renewal of such registration or against the cancellation of such registration and the finality of the decisions made by the Minister on such appeals;

(h) the conditions which shall be complied with in relation to registered Ayurveda hospitals, herbal cultivation, pharmacies, dispensaries and stores;

[S 10(4)(h) am by ss 3(1) and 10 of Act 19 of 2023.]

(i) the records and books which shall be kept and maintained in registered Ayurveda hospitals, herbal cultivation, pharmacies, dispensaries and stores;

[S 10(4)(i) am by s 10 of Act 19 of 2023.]

(j) the returns to be furnished from time to time in respect of registered Ayurveda hospitals, herbal cultivation, pharmacies, dispensaries and stores, and the particulars to be contained therein, including particulars as to the number and description of cases admitted or treated and as to the staff employed therein;

[S 10(4)(j) am by s 10 of Act 19 of 2023.]

(k) the rates of fees and charges which may be charged or made at registered Ayurveda hospitals, herbal cultivation, pharmacies, dispensaries and stores;

[S 10(4)(k) am by s 10 of Act 19 of 2023.]

(l) the powers of entry into, and inspection of, registered Ayurveda hospitals, herbal cultivation, pharmacies, dispensaries and stores;

[S 10(4)(l) am by s 10 of Act 19 of 2023.]

(m) the registers to be kept and maintained by the Commissioner for the purpose of the registration of Ayurveda hospitals, herbal cultivation, pharmacies, dispensaries and stores; and

[S 10(4)(m) am by s 10 of Act 19 of 2023.]

(n) the proper maintenance and administration of registered Ayurveda hospitals, herbal cultivation, pharmacies, dispensaries and stores, and the health, safety and proper care and treatment of persons treated in such hospitals, herbal cultivation and dispensaries.

[S 10(4)(n) am by s 10 of Act 19 of 2023.]

PART III

The Ayurveda Medical Council

[Am by s 3(1) of Act 19 of 2023.]

11. Constitution of the Ayurveda Medical Council.

(1) There shall be a Council which shall be called the Ayurveda Medical Council, in this Part referred to as “the Council”, and which shall, subject to the provisions of subsection (2), consist of the following members—

[S 11(1) am by s 3(1) of Act 19 of 2023.]

(a) the Commissioner;

(b) the Dean of the Faculty of Indigenous Medicine of the University of Colombo, Sri Lanka, the Dean of the Faculty of Indigenous Medicine of Gampaha Wickramarachchi University of Indigenous Medicine, Sri Lanka, the Head of the Unit of Siddha Medicine of the University of Jaffna, Sri Lanka and the Dean of the Faculty of Siddha Medicine of the Eastern University, Sri Lanka;

[S 11(1)(b) subs by s 11(1) of Act 19 of 2023.]

(i) two of them each representing Ayurveda and Unani systems of medicine of the Faculty of Indigenous Medicine of the University of Colombo, Sri Lanka and elected from among the Senior Lecturers;

(ii) one of them elected from among the Senior Lecturers of the Faculty of Indigenous Medicine of the Gampaha Wickramarachchi University of Indigenous Medicine, Sri Lanka;

(iii) one of them elected from among the Senior Lecturers of the Unit of Siddha Medicine of the University of Jaffna, Sri Lanka ; and

(iv) one of them elected from among the Senior Lecturers of the Faculty of Siddha Medicine of the Eastern University, Sri Lanka;

[S 11(1)(c) subs by s 11(2) of Act 19 of 2023.]

(d) one member elected by the teachers of each approved ayurvedic teaching institution from themselves;

(e) three members elected by the registered Ayurveda practitioners from themselves;

[S 11(1)(e) am by s 3(1) of Act 19 of 2023.]

(f) not more than twelve members appointed by the Minister of whom—

(i) three shall be so appointed from among persons who are not registered Ayurveda practitioners;

(ii) three shall be so appointed from a panel of ten nominated by the All Ceylon Ayurvedic Practitioners’ Congress; and

(iii) two shall be so appointed from among registered Ayurveda practitioners who are not members of the All Ceylon Ayurvedic Practitioners’ Congress; and

[S 11(1)(f) subs by s 11(3) of Act 19 of 2023.]

(g) one member shall be so appointed as nominated by the Secretary to the Ministry of the Minister assigned the subject of Finance or Treasury, as the case may be.

[S 11(1)(g) ins by s 11(4) of Act 19 of 2023.]

(2) The Minister may, without assigning any reason, remove from office, by Order published in the Gazette, any member of the Council who is appointed by him.

(3) Any member of the Council removed from office by the Minister shall not be eligible for appointment or election as such member for a period of three years from the date of his removal.

(4) The Council may, from time to time, delegate any power, duty or function of the Council to a committee or committees consisting of members of the Council. Any such delegation may be made subject to such conditions or restrictions as the Council may deem necessary.

12. Term of office of members of the Council.

Each member of the Council, other than the Commissioner-General, the Dean of the Faculty of Indigenous Medicine of the University of Colombo, Sri Lanka, the Dean of the Faculty of Indigenous Medicine of the Gampaha Wickramarachchi University of Indigenous Medicine, Sri Lanka, the Head of the Unit of Siddha Medicine of the University of Jaffna, Sri Lanka and the Dean of the Faculty of Siddha Medicine of the Eastern University, Sri Lanka, shall, unless he vacates office earlier, hold office for a term of three years and shall be eligible for re-election or reappointment, as the case may be:

Provided that a person elected or appointed as a member of the Council in succession to any person who has ceased to be a member of the Council before the expiry of the term of office shall, unless he vacates office earlier, hold office for the unexpired part of the term of office of the member whom he succeeds.

[S 12 subs by s 4 of Law 7 of 1977; am by s 12 of Act 19 of 2023.]

13. Vacation of office by members of the Council.

(1) A member of the Council, other than the Commissioner-General, the Dean of the Faculty of Indigenous Medicine of the University of Colombo, Sri Lanka, the Dean of the Faculty of Indigenous Medicine of the Gampaha Wickramarachchi University of Indigenous Medicine, Sri Lanka, the Head of the Unit of Siddha Medicine of the University of Jaffna, Sri Lanka and the Dean of the Faculty of Siddha Medicine of the Eastern University, Sri Lanka, shall be deemed to have vacated office—

(a) where he is not a public officer, on sending his resignation in writing to the President of the Council;

(b) where he is not a public officer, on being absent without excuse sufficient in the opinion of the Council, from three consecutive meetings of the Council;

(c) on his ceasing to be a registered Ayurveda practitioner, or on the taking effect of an order made by the Council under this Act suspending his registration as an Ayurveda practitioner; or

(d) on his being convicted of any offence under the Penal Code (Chapter 19).

(2) The Commissioner-General shall be deemed to have vacated office as a member of the Council on his ceasing to hold office as the Commissioner-General.

[S 13 subs by s 13 of Act 19 of 2023.]

14. Filling up of vacancies.

Any vacancy in the Council shall be filled by the election or appointment of a member, as the case may be, in accordance with the provisions of this Part.

15. The President and the Vice-President of the Council.

(1) The Commissioner shall be the President of the Council.

(2) The members of the Council shall elect from themselves a Vice-President of the Council.

(3) The President, and in his absence the Vice-President, of the Council shall preside at any meeting of the Council. Where neither the President nor the Vice-President of the Council is present at any meeting of the Council, the members of the Council attending that meeting shall elect from themselves a Chairman for that meeting.

16. Quorum.

The quorum for a meeting of the Council shall be thirteen.

[S 16 am by s 14 of Act 19 of 2023.]

17. Regulation of procedure of the Council.

Subject to the provisions of section 15, section 16 and section 44, the Council may regulate its own procedure.

18. The Council to be the authority responsible for the registration of Ayurveda practitioners, Ayurveda pharmacists and Ayurveda nurses and the regulation and control of their professional conduct.

The Council shall, in accordance with the provisions of this Act, be the authority responsible for—

(a) recommending to the Minister whether any ayurvedic teaching institution should be approved by him for the purposes of this Act;

(b) the registration of persons as Ayurveda practitioners;

[S 18(b) am by s 3(1) of Act 19 of 2023.]

[S 18(c) am by s 3(1) of Act 19 of 2023.]

(d) the registration of persons as Ayurveda nurses;

[S 18(d) am by s 3(1) of Act 19 of 2023.]

(da) the registration of persons as Ayurveda massage therapists;

[S 18(da) ins by s 15(1) of Act 19 of 2023.]

(e) the cancellation, or suspension, of such registration;

[S 18(e) am by s 15(2) of Act 19 of 2023.]

(f) the making of rules for—

(i) the regulation and control of the professional conduct of Ayurveda practitioners, Ayurveda pharmacists, and Ayurveda nurses, and Ayurveda massage therapist; and

[S 18(f)(i) am by ss 3(1) and 15(3) of Act 19 of 2023.]

(ii) any of the matters referred to in paragraphs (b) to (e) of this section.

19. Registrar and other officers and servants of the Council.

(1) The Council—

(a) shall appoint a Registrar of the Council who shall also act as Secretary of the Council; and

(b) may appoint such other officers and servants of the Council as may be necessary for carrying out the work of the Council.

(2) The officers and servants of the Council shall be remunerated in such manner and at such rates, and shall be subject to such conditions of service, as may be determined by rules made by the Council under this Act.

(3) The Council may, in accordance with rules made by the Council under this Act, establish and regulate a provident fund for the benefit of its officers and servants and make contributions to such fund out of the funds of the Council.

20. The Council to be a body corporate.

(1) The members for the time being of the Council shall be a body corporate with the name of “The Ayurveda Medical Council” and shall have perpetual succession and may sue and be sued in such name and adopt, alter and use a corporate seal which shall be judicially noticed.

[S 20(1) am by s 3(1) of Act 19 of 2023.]

(2) The Council may acquire and hold any movable or immovable property and dispose of any of its properties and enter into contracts and do all such other acts as may be necessary for the exercise of its powers and the discharge of its functions and duties.

21. Funds of the Council.

(1) Such sums as may, from time to time—

(a) be granted for the purposes of the Council by the Commissioner under this Act, or

(b) be paid to, or recovered by, the Council as fees under this Act,

shall form part of the funds of the Council.

(2) There shall be paid out of the funds of the Council—

(a) the remuneration payable under section 45 to members of the Council for attendance at meetings of the Council, and to the officers and servants of the Council; and

(b) all other expenditure incurred by the Council in the exercise of its powers and the discharge of its functions and duties under this Act.

21A. Accounts of the Council and financial year.

(1) The Council shall cause proper accounts to be kept of all the transactions of the Council and shall prepare an annual statement of such accounts in such form and containing such particulars as the Minister, with the concurrence of the Minister in charge of the subject of Finance, may from time to time specify.

(2) The financial year of the Council shall be the period of twelve months commencing on the first day of January.

[S 21A ins by s 2 of Act 9 of 1969; S 21A(2) am by s 23 of Act 38 of 1971.]

21B. Audit of the accounts of the Council.

(1) The Council shall have its accounts for each financial year audited by Auditor-General.

(2) For the purpose of assisting him in the audit of such accounts, the Auditor-General may employ the services of any qualified auditor or auditors who shall act under his direction and control.

(3) For the purpose of meeting the expenses incurred by him in auditing the accounts of the Council, the Auditor-General shall be paid from the funds of the Council such remuneration as the Minister may determine with the concurrence of the Minister in charge of the subject of Finance.

(4) For the purposes of this section, the expression “qualified auditor” means—

(a) an individual who, being a member of the Institute of Chartered Accountants of Sri Lanka, or of any other Institute established by law, possesses a certificate to practise as an Accountant issued by the Council of such Institute; or

(b) a firm of Accountants each of the resident partners of which, being a member of the Institute of Chartered Accountants of Sri Lanka or of any other Institute established by law, possesses a certificate to practise as an Accountant issued by the Council of such Institute.

[S 21B ins by s 2 of Act 9 of 1969.]

21C. The Auditor-General’s report.

The Auditor-General shall examine the accounts of the Council and furnish a report—

(a) stating whether he has or has not obtained all the information and explanations required by him;

(b) stating whether the accounts referred to in the report are properly drawn up so as to exhibit a true and fair view of the affairs of the Council; and

(c) drawing attention to any item in the accounts which in his opinion may be of interest to Parliament in any examination of the activities and accounts of the Council.

[S 21C ins by s 2 of Act 9 of 1969.]

21D. Annual accounts with the auditor’s report and a report of the annual activities of the Council to be transmitted to the Minister.

The Council shall, on receipt of the Auditor-General’s report on the accounts for each financial year, transmit such report together with the income and expenditure account and the balance sheet to which the report relates, and a statement by the Council of its activities during that financial year to the Minister who shall cause copies thereof to be laid before Parliament before the end of the year next following the year to which such report and accounts relate.

[S 21D ins by s 2 of Act 9 of 1969.]

PART IV

The Ayurveda Education and Hospital Board

[Subs by s 6 of Law 7 of 1977.]

22. The Ayurveda Education and Hospital Board.

(1) There shall be a Board which shall be called the Ayurveda Education and Hospital Board, hereafter in this Part referred to as the “Board”, and which shall consist of—

(a) the Commissioner;

(aa) a representative of the Secretary to the Ministry of Finance or the Secretary to the Treasury;

[S 22(1)(aa) ins by s 16(1) of Act 19 of 2023.]

(b) the Dean of the Faculty of Indigenous Medicine of the University of Colombo, Sri Lanka, the Dean of the Faculty of Indigenous Medicine of the Gampaha Wickramarachchi University of Indigenous Medicine, Sri Lanka, the Head of the Unit of Siddha Medicine of the University of Jaffna, Sri Lanka and the Dean of the Faculty of Siddha Medicine of the Eastern University, Sri Lanka;

[S 22(1)(b) subs by s 16(2) of Act 19 of 2023.]

(ba) the Head of the National Institute of Traditional Medicine;

[S 22(1)(ba) ins by s 16(3) of Act 19 of 2023.]

[S 22(1)(c) subs by s 16(4) of Act 19 of 2023.]

(d) an officer of the rank of a Senior Assistant Secretary or of a higher rank of the Ministry of the Minister assigned the subject of Higher Education appointed by the Minister on recommendation of the Minister assigned the subject of Higher Education;

[S 22(1)(d) subs by s 16(5) of Act 19 of 2023.]

(e) five members appointed by the Minister on the recommendation of the Minister assigned the subject of Higher Education—

(i) two of them each representing Ayurveda and Unani systems of medicine of the Faculty of Indigenous Medicine of the University of Colombo, Sri Lanka;

(ii) one of them from the Faculty of Indigenous Medicine of the Gampaha Wickramarachchi University of Indigenous Medicine, Sri Lanka;

(iii) one of them from the Unit of Siddha Medicine of University of Jaffna, Sri Lanka; and

(iv) one of them from the Faculty of Siddha Medicine of the Eastern University, Sri Lanka,

from among the lecturers of each Faculty or Unit;

[S 22(1)(e) subs by s 16(6) of Act 19 of 2023.]

(f) five members, other than the members appointed under paragraph (e)—

(i) two of them each representing Ayurveda and Unani systems of medicine of the Faculty of Indigenous Medicine of the University of Colombo, Sri Lanka;

(ii) one of them from the Faculty of Indigenous Medicine of the Gampaha Wickramarachchi University of Indigenous Medicine, Sri Lanka;

(iii) one of them from the Unit of Siddha Medicine of University of Jaffna, Sri Lanka; and

(iv) one of them from the Faculty of Siddha Medicine of the Eastern University, Sri Lanka,

and elected by the lecturers of each Faculty or the Unit from among themselves;

[S 22(1)(f) subs by s 16(7) of Act 19 of 2023.]

(g) one member appointed by the Minister from the teachers of approved Ayurvedic teaching institutions;

(h) two members elected by the holders of the diplomas or certificates granted or recognised by the Board of Indigenous Medicine, or by the Ayurvedic College and Hospital Board or by the Ayurveda Education and Hospital Board established under this Act and by the holders of degrees or diplomas granted by the Institute of Ayurveda of the University of Ceylon1, from themselves;

(i) not more than eight members appointed by the Minister from among registered Ayurveda practitioners of whom not more than two shall be so appointed from a panel of six nominated by the All Ceylon Ayurvedic Practitioners’ Congress; and

[S 22(1)(i) subs by s 16(8) of Act 19 of 2023.]

(j) two members appointed by the Minister from persons who are not registered Ayurveda practitioners.

[S 22(1) subs by s 7(a) of Law 7 of 1977; am by s 3(1) of Act 19 of 2023.]

(2) The Minister may, without assigning any reason, remove from office, by Order published in the Gazette, any member of the Board who is appointed by him:

Provided that no member of the Board appointed by the Minister on the recommendation of the Minister in charge of the subject of Higher Education shall be removed from office except with the concurrence of the Minister in charge of the subject of Higher Education.

(3) Any member of the Board removed from office by the Minister shall not be eligible for appointment or election as such member for a period of three years from the date of his removal.

23. Term of office of the members of the Board.

Each member of the Board, other than the Commissioner-General, the Dean of the Faculty of Indigenous Medicine of the University of Colombo, Sri Lanka, the Dean of the Faculty of Indigenous Medicine of the Gampaha Wickramarachchi University of Indigenous Medicine, Sri Lanka, the Head of the Faculty of Siddha Medicine of the University of Jaffna, Sri Lanka, the Dean of the Faculty of Siddha Medicine of the Eastern University, Sri Lanka, the Head of the Ayurveda National Hospital and the Head of the National Institute of Traditional Medicine, shall, unless such member vacates his office earlier, hold office for a term of three years and shall be eligible for re-election or reappointment, as the case may be:

Provided that a person elected or appointed as a member of the Board in succession to any person who has ceased to be a member of the Board before the expiry of his term of office shall, unless he vacates office earlier, hold office for the unexpired part of the term of office of the member whom he succeeds.

[S 23 subs by s 8 of Law 7 of 1977; am by s 17 of Act 19 of 2023.]

24. Vacation of office by members of the Board.

(1) A member of the Board, other than the Commissioner-General, the Dean of the Faculty of Indigenous Medicine of the University of Colombo, Sri Lanka the Dean of the Faculty of Indigenous Medicine of the Gampaha Wickramarachchi University of Indigenous Medicine, Sri Lanka, the Head of the Unit of Siddha Medicine of University of Jaffna, Sri Lanka, the Dean of the Faculty of Siddha Medicine of the Eastern University, Sri Lanka, the Head of the Ayurveda National Hospital and the Head of the National Institute of Traditional Medicine, shall be deemed to have vacated office—

(a) where he is not a public officer, on sending his resignation in writing to the Chairman of the Board; or

(b) where he is not a public officer, on his absence without excuse sufficient in the opinion of the Board from three consecutive meetings of the Board;

(c) where he is an elected member, on his ceasing to hold the post or office by virtue of which he was qualified for election as a member of the Board;

(d) where he is an appointed member, on his removal from office by the Minister;

(e) where he is a member appointed under paragraph (d) of subsection (1) of section 22, on his ceasing to be an officer of the Ministry of Higher Education;

(f) where he is a member appointed under paragraph (e) or paragraph (f) or paragraph (g) of subsection (1) of section 22, on his ceasing to hold the post or office by virtue of which he was qualified for appointment under that paragraph as a member of the Board; or

(g) on the expiry of his term of office.

[S 24(1) subs by s 9(a) of Law 7 of 1977; am by s 18(1) of Act 19 of 2023.]

(2) The Commissioner shall be deemed to have vacated the office as a member of the Board on his ceasing to hold the office of Commissioner.

(3) The Dean of the Faculty of Indigenous Medicine of the University of Colombo, Sri Lanka, the Dean of the Faculty of Indigenous Medicine of the Gampaha Wickramarachchi University of Indigenous Medicine, Sri Lanka, the Head of the Unit of Siddha Medicine of the University of Jaffna, Sri Lanka or the Dean of the Faculty of Siddha Medicine of the Eastern University, Sri Lanka, shall be deemed to have vacated office as a member of the Board on his ceasing to hold the office of the Dean of the Faculty of Indigenous Medicine of the University of Colombo, Sri Lanka, the Dean of the Faculty of Indigenous Medicine of the Gampaha Wickramarachchi University of Indigenous Medicine, Sri Lanka, the Head of the Unit of Siddha Medicine of University of Jaffna, Sri Lanka or the Dean of the Faculty of Siddha Medicine of Eastern University, Sri Lanka, as the case may be.

[S 24(3) subs by s 18(2) of Act 19 of 2023.]

(4) The Head of the Ayurveda National Hospital shall be deemed to have vacated office as a member of the Board on his ceasing to hold the office of the Head of the Ayurveda National Hospital.

[S 24(4) subs by s 18(3) of Act 19 of 2023.]

25. Filling up of vacancies.

Any vacancy in the Board shall be filled by the election or appointment of a member, as the case may be, in accordance with the provisions of this Part.

26. Chairman of the Board.

(1) The Commissioner shall be the “Chairman of the Board”.

(2) The Chairman of the Board shall preside at any meeting of the Board. In the absence of the Chairman from any meeting of the Board, the members of the Board attending that meeting shall elect from themselves a chairman for that meeting.

27. Quorum.

The quorum for a meeting of the Board shall be fourteen.

[S 27 am by s 19 of Act 19 of 2023.]

28. Regulation of proceedings of the Board.

Subject to the provisions of section 26, section 27 and section 44, the Board shall regulate its own procedure.

29. Delegation of powers, functions or duties of the Board to committees.

The Board may, from time to time, delegate any power, function or duty of the Board to a committee or committees consisting of members of the Board. Any such delegation may be made subject to such conditions or restrictions as the Board may deem necessary.

30. Powers of the Board.

The Board shall have the following powers—

(a) to determine—

(i) the qualifications required for the award of postgraduate degrees, basic degrees, diplomas, and certificates under this Act;

(ii) the standards of the courses conferring basic degrees, diplomas and certificates, conducted by local or foreign universities or degree-awarding institutions, to be considered for registration under the Act;

(iii) and to hold examinations for the holders of basic degrees, diplomas and certificates conferred by local or foreign universities or degree-awarding institutions, to be considered for registration under the Act;

(iv) the standards and period of internship or training required by holders of basic degrees, diplomas and certificates conferred by local or foreign universities or degree awarding institutions, to be considered for registration under the Act;

[S 30(a) subs by s 20(1) of Act 19 of 2023.]

(b) to determine and hold examinations to enable persons to obtain postgraduate degrees or basic degrees or diplomas or certificates of the Board and to make such rules as are necessary for that purpose;

[S 30(b) am by s 20(2) of Act 19 of 2023.]

(c) to conduct or to arrange to conduct courses, lectures and classes to enable persons to obtain postgraduate degrees or basic degrees or diplomas or certificates of the Board;

[S 30(c) am by s 20(3) of Act 19 of 2023.]

(ca) to make recommendations to the Minister in respect of any fees to be prescribed, where necessary, for the award of postgraduate degrees, basic degrees, diplomas, and certificates under this Act;

[S 30(ca) ins by s 20(4) of Act 19 of 2023.]

(d) to appoint examiners for the examinations held by the Board;

(e) to make recommendations to the Minister as to the fees to be paid to such examiners;

(f) to grant diplomas or other academic distinctions honoris causa;

(g) to make recommendations to the Minister as to the administration of the Ayurveda National Hospital and other hospitals of the Department, and in particular, as to the charges to be made in respect of patients admitted to those hospitals;

[S 30(g) am by s 3(1) of Act 19 of 2023.]

(h) to make rules for the exercise, discharge and performance of the powers, functions and duties of the Board; and

(i) to do all such acts as may be necessary for the exercise, discharge and performance of the aforesaid powers, functions and duties.

[S 30 subs by s 10 of Law 7 of 1977.]

31. Registrar of the Board.

There shall be appointed a Registrar of the Board who shall also act as the Secretary of the Board.

[S 31 subs by s 11 of Law 7 of 1977.]

32. Expenditure of the Board.

The remuneration payable under section 45 to members of the Board for attendance at meetings of the Board, and all other expenditure incurred by the Board in the exercise of its powers and the discharge of its functions and duties under this Act, shall be paid out of the moneys voted for the purpose by Parliament.

PART V

The Ayurveda Research Committee

33. Constitution of the Ayurveda Research Committee.

(1) There shall be a Committee which shall be called the Ayurveda Research Committee, (hereinafter in this Part referred to as “the Committee”) which shall consist of fourteen members, namely—

(a) the Commissioner-General;

(b) the Head of the Ayurveda National Hospital;

(d) four Professors of traditional medicine, each representing the University of Colombo, Sri Lanka, the Gampaha Wickramarachchi University of Indigenous Medicine, the University of Jaffna, and the Faculty of Siddha Medicine of Eastern University, Sri Lanka;

(e) one member duly appointed by the National Science Foundation established under the Science and Technology Development Act, No. 11 of 1994;

(f) one member duly appointed by the National Intellectual Property Office of Sri Lanka established under the Intellectual Property Act, No. 36 of 2003;

(g) one member nominated by the Secretary to the Ministry of the Minister assigned the subject of Science;

(h) one member appointed by the Minister from among persons who possess ten or more years of experience in the field of law;

(i) two members appointed by the Minister, from among the Ayurveda Practitioners registered in the special register; and

(j) one member not below the rank of Senior Assistant Secretary appointed by the Secretary to the Ministry of the Minister to whom the subject of Finance is assigned.

[S 33(1) subs by s 21 of Act 19 of 2023.]

(2) The Minister may, without assigning any reason, remove from office, by Order published in the Gazette, any member of the Committee who is appointed by him.

34. Tenure of office of members of the Committee.

Each member of the Committee, other than the Commissioner, shall, unless he vacates his office earlier, hold office for a term of three years and shall be eligible for reappointment:

Provided that a person appointed as a member of the Committee in succession to any person who has ceased to be a member of the Committee before the expiry of his term of office shall, unless he vacates office earlier, hold office for the unexpired part of the term of office of the member whom he succeeds.

35. Vacation of office by members of the Committee.

(1) A member of the Committee, other than the Commissioner, shall be deemed to have vacated office—

(a) where he is not a public officer, on sending his resignation in writing to the Minister;

(b) where he is not a public officer, on his absence without excuse sufficient in the opinion of the Committee from three consecutive meetings of the Committee;

(d) on the expiry of his term of office.

(2) The Commissioner shall be deemed to have vacated the office of a member of the Committee on his ceasing to hold the office of Commissioner.

36. Filling up of vacancies.

Any vacancy in the Committee shall be filled by the appointment of a member in accordance with the provisions of this Part.

37. Chairman of Committee.

(1) The Commissioner shall be the Chairman of the Committee.

(2) The Chairman of the Committee shall preside at any meeting of the Committee. In the absence of the Chairman from any meeting of the Committee, the members of the Committee attending that meeting shall elect from themselves a chairman for that meeting.

38. Quorum.

The quorum for a meeting of the Committee shall be five.

[S 38 am by s 22 of Act 19 of 2023.]

39. Regulation of proceedings of the Committee.

Subject to the provisions of section 37, section 38 and section 44, the Committee shall regulate its own procedure.

40. Expenditure of the Committee.

The remuneration payable under section 45 to members of the Committee for attendance at meetings of the Committee, and all other expenditure incurred by the Committee in the exercise of its powers and the discharge of its functions and duties under this Act, shall be paid out of such moneys as may be voted for the purpose by Parliament.

41. Duties of the Committee.

(1) It shall be the duty of the Committee to advise the Minister as to the carrying out of research in all branches of ayurveda with a view to the promotion of its development, and, in particular, as to the carrying out of research in respect of the following matters—

(a) ayurvedic literature;

(b) fundamentals in ayurvedic doctrine;

[S 40(1)(c) am by s 23(1) of Act 19 of 2023.]

(d) ayurvedic drugs, pharmacology and pharmacopoeia.

(2) It shall be the duty of the Committee to carry out all such directions as may be issued to the Committee by the Minister in respect of the following matters—

(a) the maintenance of libraries, museums, herbariums, laboratories, or other institutions;

(b) the publication of ayurvedic manuscripts, ayurvedic text-books and other ayurvedic journals or papers;

(d) the standardisation of ayurvedic drugs;

(da) the charging of any prescribed fees in respect of any matters referred to in paragraphs (a) to (d);

[S 40(2)(da) ins by s 23(2) of Act 19 of 2023.]

(e) all such other matters as may be necessary for the performance of the duties specified in subsection (1).

(3) Formulating one or more sub-committees to carry out duties and responsibilities specified in subsections (1) and (2).

[S 40(3) ins by s 23(3) of Act 19 of 2023.]

PART VI

Special Provisions Applicable to Bodies Established under This Act

42. Definition of the expression “Body” for the purposes of this Part.

In this Part, unless the context otherwise requires, the
expression “Body” means any Council, Board, or Committee, established under this Act.

43. A Body to be subject to general and special directions of the Minister.

A Body shall, in the exercise of its powers and the discharge of its functions and duties under this Act, be subject to such general or special directions as may be issued, from time to time, by the Minister.

44. Proceedings of any Body.

(1) Every question which comes up for consideration before a Body shall be dealt with at a meeting of the Body and shall be determined by the majority of the members of the Body present and voting.

(2) In the event of an equality of votes on any question considered at a meeting of a Body, the Chairman of that meeting shall have a casting vote in addition to his original vote.

(3) All acts done at any meeting of a Body shall, notwithstanding that it be afterwards discovered that there was some defect in the election or appointment of any member thereof or that any such member was disqualified, be as valid as if every such member had been duly elected or appointed and was qualified to be such member.

(4) No act or proceeding of a Body shall be invalidated by reason only of any vacancy in the Body.

45. Remuneration for attendance at a meeting of a Body.

The members of a Body shall be paid such remuneration for attendance at meetings of the Body as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance.

46. Protection for action taken under this Act or on the direction of a Body.

No Suit or prosecution shall lie—

(a) against a Body for any act which in good faith is done or purports to be done by the Body under this Act; and

(b) against any member, officer, servant or agent of the Body for any act which in good faith is done or purports to be done by him under this Act or on the direction of the Body.

47. No writ to issue against person or property of a member of a Body.

No writ against person or property shall be issued against a member of a Body in any action brought against the Body.

48. A Body deemed to be a scheduled institution within the meaning of the Bribery Act.

A Body shall be deemed to be a scheduled institution within the meaning of the Bribery Act, and the provisions of that Act shall be construed accordingly.

49. Power of a Body to make rules.

(1) A Body may make rules in respect of all or any of the following matters—

(a) the matters in respect of which the Body is required or authorised to make rules under any other provision of this Act;

(b) the meetings of the Body and the procedure to be followed at such meetings; and

(2) No rule made by a Body under this Act shall have effect until it is approved by the Minister and published in the Gazette.

(3) The Minister shall not, without the prior concurrence of the Minister in charge of the subject of Finance, approve any rule made by the Ayurveda Medical Council in respect of any matter referred to in subsection (2) or subsection (3) of section 19.

[S 49(3) am by s 3(1) of Act 19 of 2023.]

PART VII

Registration of Ayurveda practitioners, Pharmacists and Nurses

50. Definition of certain expressions for the purposes of this Part.

In this Part—

(a) “the Council” means the Ayurveda Medical Council; and

[S 50(a) am by s 3(1) of Act 19 of 2023.]

(b) “the Registrar” means the Registrar of the Council.

51. Registers.

(1) The Council shall keep and maintain—

(a) a general register and a special register for the registration of Ayurveda practitioners;

[S 51(1)(a) am by s 3(1) of Act 19 of 2023.]

(b) a register for the registration of Ayurveda pharmacists;

[S 51(1)(b) am by s 3(1) of Act 19 of 2023.]

[S 51(1)(c) am by s 3(1) of Act 19 of 2023.]

(d) a register for the registration of Ayurveda massage therapists.

[S 51(1)(d) ins by s 24 of Act 19 of 2023.]

(2) The Registrar shall be the officer of the Council responsible for keeping and maintaining the registers referred to in subsection (1).

(3) With effect from the appointed date, the property in the general register and the special register of practitioners of indigenous medicine maintained by the Board of Indigenous Medicine shall vest in the Council, and such general register shall be deemed to be a general register of Ayurveda practitioners maintained by the Council under this Act, and such special register shall be deemed, to be a special register of Ayurveda practitioners maintained by the Council under this Act.

[S 51(3) am by s 3(1) of Act 19 of 2023.]

52. Applications for registration as an ayurvedic practitioner.

(1) Every application for registration as an ayurvedic practitioner in the general register or the special register shall be made in writing to the Council through the Registrar in such form as may be prescribed by rules made by the Council under this Act.

(2) An application for registration as an ayurvedic practitioner in the general register shall not be refused by the Council except—

(a) on the ground that the applicant is not entitled to such registration under subsection (1) of section 55, or

(b) on any ground specified in subsection (1) of section 57.

(3) An application for a registration as an ayurvedic practitioner in the special register shall not be refused by the Council except—

(a) on the ground that the applicant is not entitled to such registration under subsection (2) of section 55, or

(b) on any ground specified in subsection (1) of section 57.

(4) An application may be made for registration as an ayurvedic practitioner in both the general register and the special register.

53. Applications for registration as an Ayurveda pharmacist, Ayurveda nurse and Ayurveda massage therapist.

(1) Every application for registration as an Ayurveda pharmacist, Ayurveda nurse or Ayurveda massage therapist shall be made in writing to the Council through the Registrar in such form as may be prescribed by rules made by the Council under this Act.

[S 53(1) am by s 25 of Act 19 of 2023.]

(2) An application for registration as an Ayurveda pharmacist, Ayurveda nurse or Ayurveda massage therapist shall not be refused by the Council except—

[S 53(2) am by s 25 of Act 19 of 2023.]

(a) on the ground that the applicant is not entitled to such registration under section 56, or

(b) on any ground specified in subsection (1) of section 57.

54. Applications for registration by persons whose registration has been previously cancelled.

An application for registration as an ayurvedic practitioner, Ayurveda pharmacist, Ayurveda nurse or Ayurveda massage therapist may be made by any person whose registration as such practitioner or pharmacist, as the case may be, has been previously cancelled by the Council, and the Council may entertain such application and dispose it of in accordance with the provisions of this Part.

[S 54 am by s 26 of Act 19 of 2023.]

55. Qualifications for registration as an ayurvedic practitioner.

(1) No person shall be entitled to be registered in the general register as an ayurvedic practitioner unless he—

(a) is a citizen of Sri Lanka; and

(b) is the holder of a diploma granted by the Board of Indigenous Medicine, or a certificate issued on or before the appointed date, by the Ayurveda Medical Council under the Ayurvedic Medical Council Ordinance; or

[S 55(1)(b) am by s 3(1) of Act 19 of 2023.]

(c) is the holder of a diploma granted by the Ayurvedic College and Hospital Board, or the holder of a diploma or certificate granted by the Ayurveda Education and Hospital Board established under this Act, or the holder of a degree or diploma granted by the Faculty of Indigenous Medicine of the University of Colombo, Sri Lanka, the Faculty of Indigenous Medicine of the Gampaha Wickramarachchi University of Indigenous Medicine, Sri Lanka, the Unit of Siddha Medicine of the University of Jaffna, Sri Lanka, the Faculty of Siddha Medicine of the Eastern University, Sri Lanka; or

[S 55(1)(c) subs by s 13 of Law 7 of 1977; am by s 27 of Act 19 of 2023.]

(d) is the holder of a diploma granted by any other institution in Sri Lanka or India which has been declared to be an approved institution for the purposes of this section by the Minister by Order published in the Gazette; or

(e) satisfies the Council that he possesses sufficient knowledge, experience and skill for the efficient practice of ayurveda.

(2) No person shall be entitled to be registered in the special register as an ayurvedic practitioner unless he—

(a) is a citizen of Sri Lanka; and

(b) satisfies the Council that he possesses a special knowledge and sufficient experience and skill in any particular branch of ayurveda:

Provided, however, that from such date as may be appointed by the Minister no person shall be entitled to be registered in the special register unless, in addition to satisfying the requirements of paragraph (a) and paragraph (b), he is registered in the general register as an ayurvedic practitioner.

56. Qualifications for registration as Ayurveda pharmacist, Ayurveda nurse or Ayurveda massage therapist.

No person shall be entitled to be registered as an Ayurveda pharmacist, Ayurveda nurse or Ayurveda massage therapist unless such person—

(a) is a citizen of Sri Lanka; and

(b) satisfies the Council that such person possesses sufficient knowledge, experience and skill in the science of manufacturing Ayurveda medicines efficiently or sufficient experience in Ayurveda nursing or professional skill as an Ayurveda massage therapist , as the case may be.

[S 56 subs by s 28 of Act 19 of 2023.]

57. Grounds on which registration may be refused, cancelled or suspended.

(1) The Council may, by order, refuse the application of any person for registration as an ayurvedic practitioner, ayurvedic pharmacist, ayurvedic nurse, or cancel, or suspend for a specified period, the registration of any person as such suspended practitioner or pharmacist or nurse on any of the following grounds—

(a) that he has been convicted by a competent court of any offence which shows him to be unfit to be such practitioner or pharmacist or nurse or massage therapist; or

[S 57(1)(a) am by s 29(1)(a) of Act 19 of 2023.]

(b) that he has been guilty of any misconduct in his capacity as such practitioner or pharmacist or nurse or massage therapist; or

[S 57(1)(b) am by s 29(1)(b) of Act 19 of 2023.]

(c) that he has been deprived of any postgraduate degree or basic degree or diploma or certificate which has constituted the qualification for such registration,

[S 57(1)(c) am by s 29(1)(c) of Act 19 of 2023.]

(2) When any proceedings have been instituted before a court against any person who is a registered ayurvedic practitioner or registered Ayurveda pharmacist or Ayurveda nurse or Ayurveda massage therapist, in respect of any offence referred to in paragraph (a) of subsection (1), the Council may, by order, suspend the registration of that person as such practitioner, pharmacist, nurse, or massage therapist as the case may be, until a final judgment, order or other determination is made or entered by such court in those proceedings.

[S 57(2) am by s 29(2) of Act 19 of 2023.]

(3) Where a person is registered as an ayurvedic practitioner in both the general register and the special register, the Council shall, if his registration in the general register is cancelled, by order cancel his registration in the special register.

(4) No order of refusal, cancellation or suspension shall be made by the Council under subsection (1) or subsection (2) or subsection (3) in respect of any person until such person has been given an opportunity of being heard against the making of such order. At any such
hearing—

(a) the Council may employ the services of a lawyer to lead the evidence and present the case against such person and of another lawyer to advise the Council and to act as judicial assessor; and

(b) such person may employ the services of a lawyer to lead evidence on his behalf and present his case.

(5) No order of refusal, cancellation or suspension made by the Council under subsection (1) or subsection (2) or subsection (3) in respect of any person shall take effect until the expiry of the period within which an appeal may be preferred against it to the Minister under section 63, and, in the event of an appeal being duly preferred against it to the Minister under that section, unless and until the order is confirmed in appeal.

58. Service of copies of orders made by the Council.

A copy of an order made by the Council allowing or refusing an application of any person for registration as an ayurvedic practitioner, Ayurveda pharmacist or Ayurveda nurse or Ayurveda massage therapists, or cancelling or suspending the registration of any person as such practitioner, pharmacist, nurse or massage therapists, shall be sent by registered post to such person by the Registrar.

[S 58 am by s 30 of Act 19 of 2023.]

59. Effect of orders made by the Council and duty of Registrar to give effect to such orders.

(1) An order made by the Council allowing the application of any person for registration as an ayurvedic practitioner, Ayurveda pharmacist, Ayurveda nurse or Ayurveda massage therapist, shall take effect on the date specified in the order, and shall entitle that person to be registered, with effect from that date, in the appropriate register of Ayurveda practitioners, the register of Ayurveda pharmacists, the register of Ayurveda nurses, or the register of Ayurveda massage therapists, as the case may be. It shall be the duty of the Registrar, subject to the provisions of subsection (2) of section 60, to enter the name of, and such particulars as may be prescribed by rules made by the Council under this Act relating to, such person in such register.

[S 59(1) am by s 31(1) of Act 19 of 2023.]

(2) Where an order made by the Council cancelling the registration of any person as an ayurvedic practitioner, Ayurveda pharmacist, Ayurveda nurse or Ayurveda massage therapist takes effect, it shall be the duty of the Registrar to remove the name and particulars of that person from the register of Ayurveda practitioners, the register of Ayurveda pharmacists, the register of Ayurveda nurses, or the register of Ayurveda massage therapists, as the case may be.

[S 59(2) am by s 31(2) of Act 19 of 2023.]

(3) Where an order made by the Council suspending the registration of any person as an ayurvedic practitioner, Ayurveda pharmacist or Ayurveda nurse or Aayurveda massage therapist takes effect, he shall not exercise or enjoy, during the period of such suspension, the rights and privileges conferred by this Act on a registered ayurvedic practitioner, registered Ayurvedic pharmacist, registered Ayurveda nurse, or registerd Ayurveda massage therapist, as the case may be.

[S 59(3) am by s 31(3) of Act 19 of 2023.]

60. Fees to be charged for the purposes of section 18, in the exercise of powers under section 30 and in carrying out duties under section 41.

(1) The fee for registration as an Ayurvedic practitioner, Ayurveda pharmacist or Ayurveda nurse or Ayurveda massage therapist, shall be such sum as may be prescribed by rules made by the Council under this Act.

(2) The Registrar shall not register the name of any person in the register of Ayurveda practitioners, the register of Ayurveda pharmacists, register of Ayurveda nurses, the register of Ayurveda massage therapists, until the fee for registration as an Ayurveda practitioner, Ayurveda pharmacist or Ayurveda nurse or Ayurveda massage therapist, as the case may be, is paid by that person.

(3) The fees chargeable by the Ayurveda Education and Hospital Board in the exercise, discharge and performance of its powers, functions, and duties under section 30 of this Act, shall be as prescribed by regulations.

(4) The fees chargeable by the Ayurveda Research Committee for the performance of its duties under section 41 of the Act, shall be as prescribed by regulation.

[S 60 subs by s 32 of Act 19 of 2023.]

61. Certificate of registration.

Where a person is registered as an ayurvedic practitioner or Ayurveda pharmacist or Ayurveda nurse or Ayurveda massage therapist, the Registrar shall send by registered post to such person a certificate of registration in such form as may be prescribed by rules made by the Council under this Act.

[S 61 am by s 33 of Act 19 of 2023.]

62. Insertion of additional qualifications in the registers.

Where a registered ayurvedic practitioner or registered Ayurveda pharmacist or registered Ayurveda nurse or registered Ayurveda massage therapist obtains any recognised qualification relating to his profession which is not specified in the register of ayurveda practitioners, the register of Ayurveda pharmacists, the register of Ayurveda nurses, or the register of Ayurveda massage therapists, as the case may be, in respect of him, such person shall be entitled, on payment of such fee as may be prescribed by rules made by the Council under this Act, to have such new qualification inserted in that register in respect of him.

In the section, “recognised qualification” means any qualification recognised for the purpose of this Act by the Ayurveda Medical Council.

[S 62 am by ss 3(1) and 34 of Act 19 of 2023.]

63. Appeals.

(1) Where an order is made by the Council under this Part refusing the application of any person for registration as an ayurvedic practitioner, Ayurveda pharmacist or Ayurveda nurse or Ayurveda massage therapist, or cancelling or suspending such registration, such person may, within fourteen days after the communication of that order to him, appeal against that order to the Minister.

[S 63(1) am by s 35(1) of Act 19 of 2023.]

(2) Upon the hearing of any appeal preferred under subsection (1), the Minister shall, after hearing any representations or evidence that may be adduced by or on behalf of the appellant or of the Council, give such decision not inconsistent with any provision of this Act upon the appeal as to the Minister may seem just.

(3) The decision of the Minister on any appeal preferred under subsection (1) shall be final and conclusive, and in any case where such decision is that an application for the registration of any person as an ayurvedic practitioner, Ayurveda pharmacist or Ayurveda nurse or Ayurveda massage therapist shall be allowed, it shall be the duty of the Registrar, subject to the provisions of subsection (2) of section 60, to enter the name of, and such particulars as may be prescribed by rules made by the Council under this Act relating to, that person in the register of Ayurveda practitioners, the register of Ayurveda pharmacists, the register of Ayurveda nurses, or the register of Ayurveda massage therapists, as the case may be.

[S 63(3) am by ss 3(1) and 35(2) of Act 19 of 2023.]

64. Use of the title “Vaidya-carya”.

(1) A registered ayurvedic practitioner, and no other person, shall be entitled to use the title “Vaidya-carya” either before or after his name.

(2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence.

65. Meaning of “legally or duly qualified practitioner of ayurveda”.

For the purposes of any written law, a registered ayurvedic practitioner shall be deemed to be a legally or duly qualified practitioner of ayurveda.

66. Ayurveda pharmacist, Ayurveda nurse or Ayurveda massage therapist to be treated as duly qualified.

For the purposes of any written law, a registered Ayurveda pharmacist, Ayurveda nurse or Ayurveda massage therapist shall be deemed to be a legally or duly qualified Ayurveda pharmacist, Ayurveda nurse or Ayurveda massage therapist, respectively.

[S 66 subs by s 36 of Act 19 of 2023.]

67. Privileges of registered Ayurveda practitioners.

(1) Every registered ayurvedic practitioner shall be entitled to practise ayurveda.

(2) Every registered ayurvedic practitioner shall be entitled to sue for and recover in due course of law by action in a court of competent jurisdiction any reasonable sum claimed by him as—

(a) fees for any services rendered or advice given or work done in his professional capacity;

(b) charges for any medicines, medicinal preparations or appliances or medicated articles of food or drink, supplied by him; or

68. Disabilities of unregistered Ayurveda practitioners.

No person who is not a registered ayurvedic practitioner shall be entitled to institute or maintain an action-at-law in any court for the recovery of any fees, charges or expenses of any description referred to in subsection (2) of section 67.

69. Pretence to be a registered ayurvedic practitioner, or practising for gain as an ayurvedic practitioner when not registered to be an offence.

(1) A person who, not being a registered ayurvedic practitioner—

(a) uses the title of “registered ayurvedic practitioner” in Sinhala or its equivalent in any other language, either alone or in combination with any other word or letters; or

(b) uses any name, title, addition or description implying that such person is a registered ayurvedic practitioner,

shall be guilty of an offence.

(2) Any registered ayurvedic practitioner who, not being a person whose name is included in the Special register of Ayurveda practitioners, uses any name, title, addition or description or otherwise does any act of any kind, implying that his name is so included shall be guilty of an offence.

[S 69(2) am by s 37 of Act 19 of 2023.]

(3) Any person who, not being a registered ayurvedic practitioner, practises for gain ayurvedic medicine or surgery shall be guilty of an offence.

70. Registered Ayurveda pharmacist, registered Ayurveda nurse or registered Ayurveda massage therapist entitled to manufacture or practice.

(1) Every registered Ayurveda pharmacist shall be entitled to manufacture ayurveda medicines.

(2) Every registered Ayurveda nurse shall be entitled to practise ayurveda nursing.

(3) Every registered Ayurveda massage therapist shall be entitled to practise Ayurveda massage techniques.

[S 70 subs by s 38 of Act 19 of 2023.]

71. Pretence to be a registered ayurvedic pharmacist or a registered ayurvedic nurse to be an offence.

(1) A person who, not being a registered ayurvedic pharmacist or a registered Ayurveda nurse or registered Ayurveda massage therapist—

[S 71(1) am by s 39(1) of Act 19 of 2023.]

(a) uses the title of “registered ayurvedic pharmacist” or “registered Ayurveda nurse” or “registered Ayurveda massage therapist”, as the case may be, in Sinhala or its equivalent in any other language, either alone or in combination with any other word or letters; or

[S 71(1)(a) am by s 39(1) of Act 19 of 2023.]

(b) uses any name, title, addition or description implying that he is a registered ayurvedic pharmacist or a registered ayurveda nurse or registered ayurveda massage therapist, as the case may be,

[S 71(1)(b) am by s 39(1) of Act 19 of 2023.]

shall, unless he is entitled to do so by virtue of subsection (2), be guilty of an offence.

(2) A person who is registered under section 10 as the proprietor of a registered Ayurveda hospital, herbal cultivation, Ayurveda pharmacy, herbarium, Ayurveda sale centre or Ayurveda store may, notwithstanding that he is not a registered Ayurveda pharmacist, use, for the purposes of the business of such Ayurveda hospital, herbal cultivation, pharmacy herbarium, Ayurveda sale centre or stores, any name, title, addition, or description which may be used by a registered Ayurveda pharmacist, if—

(a) he employs a registered Ayurveda pharmacist to personally superintend and manage the cultivation, distribution, sale or manufacturing of medicines, drugs or poisons at such Ayurveda hospital, herbal cultivation, pharmacy, herbarium, Ayurveda sale centre or Ayurveda store, as the case may be; and

(b) the name of the pharmacist so employed has been notified in writing to the Council.

[S 71(2) subs by s 39(2) of Act 19 of 2023.]

72. Practising for gain as an Ayurveda pharmacist or Ayurveda nurse or Ayurveda massage therapist when not registered to be an offence.

Any person who, not being a registered Ayurveda pharmacist or a registered Ayurveda nurse or a registered Ayurveda massage therapist, practises for gain Ayurveda pharmacy or Ayurveda nursing, as the case may be, shall be guilty of an offence.

[S 72 am by ss 3(1) and 40 of Act 19 of 2023.]

73. Certain persons deemed to be registered as an Ayurveda practitioners under this Act.

Every person whose name is included in any register which, by virtue of subsection (3) of section 51, is deemed to be a register of Ayurveda practitioners maintained under this Act shall be deemed to be a registered ayurvedic practitioner.

[S 73 am by s 3(1) of Act 19 of 2023.]

PART VIII

General

74. Continuation in employment of members of the Department of Indigenous Medicine.

Notwithstanding the change of designation of the Department heretofore called the Department of Indigenous Medicine, all persons holding office as members of the staff of that Department at the appointed date or otherwise employed in that Department at that date shall continue in office or employment in the Department for Ayurveda constituted by this Act.

75. Amendment of other written laws, consequent on the change of designation of the Commissioner of Indigenous Medicine, and savings for contracts.

(1) Wherever, in any provision of any other written law or of any notice, permit, communication, form or other document issued, made, required or authorised by or under any other written law, the expression “Commissioner of Indigenous Medicine” occurs, there shall be substituted therefor the expression “Commissioner-General for Ayurveda”; and accordingly wherever in any such provision the abbreviation “Commissioner” is used to denote the Commissioner of Indigenous Medicine, such abbreviation shall be read and construed as a reference to the Commissioner-General for Ayurveda.

[S 75(1) am by s 3(1) of Act 19 of 2023.]

(2) If the designation of any office in the Department of Indigenous Medicine (as constituted prior to the appointed date) is altered—

(a) the Minister may, by Order published in the Gazette, declare that the provisions of this subsection shall apply in relation to that designation; and

(b) upon such declaration being made, then, wherever that designation occurs in any provision of any other written law or of any notice, permit, communication, form or other document issued, made, required or authorised by any other written law, there shall be substituted for that designation the new designation assigned to the corresponding office in the Department for Ayurveda.

(3) Every contract, agreement or other instrument or document whatsoever made, issued or executed prior to the appointed date by or in favour of the Commissioner of Indigenous Medicine or any officer of that Department in his capacity as such, shall be deemed on and after the appointed date to be and to have been made, issued, or executed by or in favour of the Commissioner-General for Ayurveda or the officer holding the corresponding office in the Department for Ayurveda in his capacity as such; and any reference in any such contract, agreement, or other instrument or document to any officer in the Department of Indigenous Medicine (as constituted prior to the appointed date) shall be read and construed as a reference to the officer holding the corresponding office in the Department for Ayurveda.

[S 75(3) am by s 3(1) of Act 19 of 2023.]

76. Change of name of the College of Indigenous Medicine and the Hospital of Indigenous Medicine and consequential provisions.

(1) On and after the appointed date, the College of Indigenous Medicine shall be called and known as the College of Ayurvedic Medicine, and the Hospital of Indigenous Medicine shall be called and known as the Ayurveda National Hospital.

[S 76(1) am by s 3(1) of Act 19 of 2023.]

(2) Notwithstanding the change of designation of the College heretofore called the College of Indigenous Medicine, or of the Hospital heretofore called the Hospital of Indigenous Medicine, all persons holding office as members of the staff of that College or that Hospital at the appointed date or otherwise employed in that College or that Hospital at that date shall continue in office or employment in the College of Ayurvedic Medicine or the Ayurveda National Hospital, as the case may be.

[S 76(2) am by s 3(1) of Act 19 of 2023.]

(3) Wherever, in any provisions of any other written law or of any notice, permit, communication, form or other document issued, made, required or authorised by or under any other written law, the expression “Principal of the College of Indigenous Medicine” occurs, there shall be substituted therefor the expression “Principal of the College of Ayurvedic Medicine”, or the expression “Medical Superintendent of the Hospital of Indigenous Medicine” occurs, there shall be substituted therefor the expression “Medical Superintendent of the Central Hospital of. Ayurveda”; and accordingly wherever in any such provision the abbreviation “Principal” or “Medical Superintendent” is used to denote the Principal of the College of Indigenous Medicine or the Medical Superintendent of the Hospital of Indigenous Medicine, such abbreviation shall be read and construed as a reference to the Principal of the College of Ayurvedic Medicine or the Medical Superintendent of the Ayurveda National Hospital, as the case may be.

[S 76(3) am by s 3(1) of Act 19 of 2023.]

(4) If the designation of any office in the College of Indigenous Medicine or the Hospital of Indigenous Medicine (as constituted prior to the appointed date) is altered—

(a) the Minister may, by Order published in the Gazette, declare that the provisions of this subsection shall apply in relation to that designation; and

[S 76(4)(b) am by s 3(1) of Act 19 of 2023.]

(5) Every contract, agreement, or other instrument or document whatsoever made, issued, or executed prior to the appointed date by or in favour of the Principal of the College of Indigenous Medicine or the Medical Superintendent of the Hospital of Indigenous Medicine or any officer of that College or that Hospital in his capacity as such, shall be deemed on and after the appointed date to be and to have been made, issued, or executed by or in favour of the Principal of the College of Ayurvedic Medicine or the Medical Superintendent of the Ayurveda National Hospital, as the case may be, or of the officer holding the corresponding office in that College or that Hospital in his capacity as such; and any reference in any such contract, agreement, or other instrument or document to any officer of the College of Indigenous Medicine or of the Hospital of Indigenous Medicine (as constituted prior to the appointed date) shall be read and construed as a reference to the officer holding the corresponding office in the College of Ayurvedic Medicine or the Ayurveda National Hospital, as the case may be.

[S 76(5) am by s 3(1) of Act 19 of 2023.]

77. Ayurvedic Code.

(1) Regulations may be made under this Act prescribing an Ayurveda Code containing all such provisions in respect of all such matters as the authority empowered to make such regulations may deem necessary to prohibit, regulate or control the manufacture, preparation, importation, exportation, purchase, storage, advertising, transportation, quality control, sale, supply, distribution or dispensing of any article, substance or drug for the purpose of Ayurveda medicine and surgery. Such Code may, without prejudice to the generality of the powers hereinbefore conferred, make provision in respect of all or any of the following matters—

(a) the declaration of any article, substance or drug as a poison, poisonous substance or dangerous drug, as the case may be, for that purpose;

(b) the prohibition, regulation or control of, the manufacture, preparation, importation, exportation, purchasing, storing, advertising, transportation, quality control, sale, supply, or distribution of any Ayurveda product;

(d) the registration of or issuance of licences or permits for any herbal cultivation and for any related activity, including transportation and storing of crop;

(e) the introduction and operation of a system of registration, licensing or issuance of permits for the purpose of effecting such regulation or control, including, but not limited to, the making of application for such registration, licensing or issuance of permits, the grant, refusal, suspension and cancellation of such registration, licence or permit;

(f) the precautions to be taken, and the conditions to be complied with, in such herbal cultivation and in such manufacture, preparation, importation, exportation, purchase, storage, advertising, transportation, quality control, sale, supply, distribution or dispensing;

(g) the books and records to be kept and maintained, and the returns to be furnished, by persons engaged in such herbal cultivation and in such manufacture, preparation, importation, exportation, purchase, storage, advertising, transportation, quality control, sale, supply, distribution or dispensing;

(h) the inspection of the premises in which such herbal cultivation is carried out and in which such manufacture, preparation, importation, exportation, purchase, storage, advertising, transportation, quality control, sale, supply, distribution or dispensing is carried on, and of the records and books kept and maintained for that purpose;

(i) the charging of fees, where necessary, in respect of any matter referred to in this section;

(j) the declaration of any medicinal plant which requires a licence or permit for cultivation; and

(k) any other matter incidental to or connected with the matters aforesaid.

[S 77(1) subs by s 41(1) of Act 19 of 2023.]

(2) The Ayurvedic Code may, in so far as it may be necessary for the purpose of giving full force and effect to the provisions of that Code, provide that any such provisions of the Poisons, Opium, and Dangerous Drugs Ordinance or the Excise Ordinance as are specified in that Code shall not apply, or shall apply subject to any such modifications so specified, to or in relation to any class of persons or any matters so specified:

Provided, however, that no such provision shall be made in that Code in respect of the Excise Ordinance without the prior concurrence of the Minister to whom the subject or function of the administration of that Ordinance has been assigned by the President.

[S 77(2) am by s 41(2) of Act 19 of 2023.]

78. Contravention of regulations an offence.

Every person who contravenes or fails to comply with the provisions of any regulation shall be guilty of an offence.

79. Offences in relation to registered Ayurveda hospitals, pharmacies, drug manufactories, herbal cultivations, dispensaries and stores.

Where an offence under this Act is committed in or in relation to any registered Ayurveda hospital, any registered Ayurveda pharmacy, any Ayurveda drug manufactory, any herbal cultivation, any registered Ayurveda dispensary or any registered Ayurveda store, then, without prejudice to any proceedings that may be taken in respect of such offence against the person by whom it was committed, the person for the time being registered as the proprietor of such hospital, pharmacy, drug manufactory, herbal cultivation, dispensary or store, as the case may be, as well as the person for the time being in charge thereof shall each be guilty of such offence unless he proves that such offence was committed without his knowledge, or that he exercised all due diligence to prevent the commission of such offence.

[S 79 am by ss 3(1) and 42 of Act 19 of 2023.]

80. Offences and penalties.

(1) Any person who—

(a) resists or obstructs a person authorised in that behalf under this Act in the exercise by such person of any powers conferred on him by or under this Act;

(b) fails without reasonable cause, to comply with the requirements of a notice issued under this Act;

(d) wilfully omits any material fact from any return or information furnished by him under this Act in respect of which he is required to furnish information,

commits an offence under this Act and shall be liable on conviction after summary trial before a Magistrate, to a fine of not exceeding fifty thousand rupees or to imprisonment of either description, for a term not exceeding six months or to both such fine and imprisonment.

(2) Any person who contravenes the provisions of this Act or any regulation made thereunder, while practicing Ayurveda under the Authority of a licence issued under this Act, commits an offence under this Act and shall be liable on conviction after summary trial before a Magistrate, to a fine of not exceeding one hundred thousand rupees or to imprisonment of either description, for a term not exceeding one year or to both such fine and imprisonment.

(3) Any person who commits an offence under section 79 of this Act, shall be liable on conviction after summary trial before a Magistrate, to a fine not exceeding one hundred thousand rupees or to imprisonment of either description, for a term not exceeding one year or to both such fine and imprisonment.

(4) Any person who—

(a) carries out any activity without a licence or permit for which a licence or permit is required under this Act; or

(b) fraudulently displays a logo or a mark or a sign indicating that a premises, establishment, an article, a drug, substance or an Ayurveda product has a valid licence issued under this Act,

commits an offence under this Act and shall be liable on conviction after summary trial before a Magistrate, to a fine not exceeding two hundred thousand rupees or to imprisonment of either description for a term not exceeding one year or to both such fine and imprisonment.

(5) Any person who acts in contravention of any provision of this Act, (other than the provisions referred to in subsections (1), (2), (3) and (4) of this section) or any requirements imposed under any such provision, or any regulations made under the Act, shall be guilty of an offence under this Act and shall, on conviction after summary trial before a Magistrate, be liable—

(a) where such person is not a body corporate, to a fine not less than rupees five thousand and not exceeding rupees fifty thousand or to imprisonment of either description for a term not exceeding one year or to both such fine and imprisonment in the case of a first offence, and to a fine not less than rupees ten thousand and not exceeding rupees one hundred thousand or to an imprisonment of either description for a term not exceeding two years or to both such fine and imprisonment in the case of a subsequent offence ; and

(b) where such person is a body corporate, to a fine not less than rupees fifty thousand and not exceeding rupees one million in the case of a first offence, and to a fine not less than rupees one hundred thousand and not exceeding rupees two million in the case of a subsequent offence.

[S 80 subs by s 43 of Act 19 of 2023.]

81. Duty of Registrar-General to notify the deaths of registered ayurveda practitioners, registered ayurveda pharmacists and registered ayurveda nurses.

It shall be the duty of the Registrar-General of Births and Deaths to notify or to cause to be notified to the Ayurveda Medical Council the name of any registered ayurvedic practitioner, registered ayurvedic pharmacist or registered ayurvedic nurse whose death is registered under the Births and Deaths Registration Act.

[S 81 am by s 3(1) of Act 19 of 2023.]

82. Regulations.

(1) The Minister may make regulations for the purpose of carrying out and giving effect to the principles and provisions of this Act.

(2) In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations for or in respect of all or any of the following matters—

[S 82(2) am by s 3 of Act 5 of 1962.]

(a) any matter for which regulations are authorised by this Act to be made;

(b) the holding of elections necessary for the purpose of constituting, or filling vacancies in the Ayurveda Medical Council or the Ayurveda Education and Hospital Board, including the calling for deposits from candidates seeking election and the forfeiture of any such deposit made by a candidate where the number of votes polled by him is less than such proportion of the total number of votes polled at the election as may be set out in the regulations.

[S 82(2)(b) subs by s 2 of Act 6 of 1978; am by s 3(1) of Act 19 of 2023.]

(3) No regulation made by the Minister shall have effect until it is approved by Parliament and notification of such approval is published in the Gazette.

83. Medical Ordinance not to apply to the practice of medicine, surgery, Ayurveda drug manufacturing, nursing or Ayurveda massage therapy according to ayurveda.

The provisions of the Medical Ordinance shall not apply to or in relation to the practice of, or persons practising, medicine, surgery, Ayurveda drug manufacturing, nursing or Ayurveda massage therapy, according to ayurveda.

[S 83 am by s 44 of Act 19 of 2023.]

284. Omitted.

85. Amendment of Food and Drugs Act.

Section 64 of the Food and Drugs Act3 is hereby amended, in subsection (3) of that section, by the substitution, in paragraph (a) of that subsection, for all the words from “includes” to the end of that paragraph, of the words, “includes a registered ayurvedic practitioner within the meaning of that term in the Ayurveda Act; and”

86. Modification of Poisons Opium, and Dangerous Drugs Ordinance.

Until the coming into force of the Ayurvedic Code, the Poisons, Opium, and Dangerous Drugs Ordinance shall have effect subject to the modifications specified in the Schedule to this Act.

487. Omitted.

88. Transfer of property of Board of Indigenous Medicine to the State.

All movable and immovable property of the Board of Indigenous Medicine is hereby transferred to, and shall be the property of, the State.

89. Interpretation.

In this Act, unless the context otherwise requires—

“appointed date” means the 1st day of October, 1962;

“approved ayurvedic teaching institution” means any ayurvedic teaching institution approved by the Minister for the purposes of this Act;

“Ayurveda” includes the Ayurveda, Siddha, Unani and Desiya Chikitsa systems of medicine and surgery and any other system of medicine indigenous to Asian countries and recognised as such by the Governments of such respective countries;

[Subs by s 45(1) of Act 19 of 2023.]

“Ayurvedic College and Hospital Board” means the Ayurvedic College and Hospital Board established under subsection (1) of section 22 of this Act, prior to the amendment thereof by Law No. 7 of 1977;

[Ins by s 14 of Law 7 of 1977.]

“ayurveda pharmacy” includes any place where ayurvedic drugs or medicines are manufactured, prepared or compounded;

[Am by s 3(1) of Act 19 of 2023.]

“Ayurveda Product” means any Ayurveda article, substance or drug which is manufactured or refined for sale, and includes any locally manufactured or imported medicinal extract or fraction, a health supplement, a food supplement, a cosmeceutical, or a device;

[Ins by s 45(2) of Act 19 of 2023.]

“Board of Indigenous Medicine” means the Board of Indigenous Medicine established under the Indigenous Medicine Ordinance5;

“College of Indigenous Medicine” means the College of Indigenous Medicine which, on the day immediately preceding the appointed date, was administered by the Board of Indigenous Medicine;

“dispensary” means any premises (howsoever described) used or intended to be used for the outdoor treatment of persons suffering from illness, but does not include a pharmacy;

“Eastern University of Sri Lanka” means the Eastern University of Sri Lanka established under Order made under section 21 of the Universities Act, No. 16 of 1978 and published in the Gazette Extraordinary No. 420/25 of September 26, 1986;

[Ins by s 45(3) of Act 19 of 2023.]

“Faculty of Indigenous Medicine of the University of Colombo, Sri Lanka” means the Faculty of Indigenous Medicine of the University of Colombo, Sri Lanka established by Order made under the Universities Act, No.16 of 1978 and published in the Gazette Extraordinary No. 2319/22 of February 13, 2023;

[Ins by s 45(3) of Act 19 of 2023.]

“Gampaha Wickramarachchi University of Indigenous Medicine, Sri Lanka” means the the Gampaha Wickramarachchi University of Indigenous Medicine, Sri Lanka established by Order made under the Universities Act, No.16 of 1978 and published in the Gazette Extraordinary No. 2199/12 of October 28, 2020;

[Ins by s 45(3) of Act 19 of 2023.]

“Herbal Cultivation” means the cultivation of any medicinal plants for Ayurveda purposes as prescribed in the Ayurveda Code and shall include crop harvest or residual of such growth used for any commercial purposes;

[Ins by s 45(3) of Act 19 of 2023.]

“Herbal Gardens for Research and Extension” means a dedicated space devoted to grow medicinal plants for research purposes, either by the Department of Ayurveda or a person registered for such purposes under this Act;

[Ins by s 45(3) of Act 19 of 2023.]

“hospital” means any premises (howsoever described) used or intended to be used for the reception, nursing and treatment of persons suffering from any illness or infirmity, and includes a nursing home or maternity home, but does not include a dispensary;

“Hospital of Indigenous Medicine” means the Hospital of Indigenous Medicine and the Pharmacy, Herbarium and Dispensary attached thereto which, on the day immediately preceding the appointed date, were administered by the Board of Indigenous Medicine;

“Medicinal plant” means any plant which, in one or more of its organs, contain substances that can be used for thereputic purposes or which are precursors for the synthesis of useful drugs;

[Ins by s 45(4) of Act 19 of 2023.]

“Minister” means the Minister assigned the subject of Ayurveda under Article 44 or 45 of the Constitution;

[Ins by s 45(4) of Act 19 of 2023.]

“Primary Health Care” means a whole-of-society approach to health that aims at ensuring the highest possible level of health and well-being and their equitable distribution by focusing on people’s needs and as early as possible along the continuum from health promotion and disease prevention to treatment, rehabilitation and palliative care, and as close as feasible to people’s everyday environment;

[Ins by s 45(4) of Act 19 of 2023.]

“Register of Ayurveda massage therapist” means the register maintained by the Ayurveda Medical Council for the registration of Ayurveda massage therapist under this Act;

[Ins by s 45(6) of Act 19 of 2023.]

“register of ayurveda nurses” means the register maintained by the Ayurveda Medical Council under this Act for the registration of ayurveda nurses;

[Am by s 3(1) of Act 19 of 2023.]

“register of ayurveda practitioners” means the General register, or the Special register maintained by the Ayurveda Medical Council under this Act for the registration of Ayurveda practitioners, and includes any register which is deemed to be a General register of Ayurveda practitioners or a Special register of Ayurveda practitioners under subsection (3) of section 51;

[Subs by s 45(5) of Act 19 of 2023.]

“register of ayurveda pharmacists” means the register maintained by the Ayurveda Medical Council under this Act for the registration of ayurveda pharmacists.

[Am by s 3(1) of Act 19 of 2023.]

“Registered Ayurveda massage therapist” means any person registered as an Ayurveda massage therapist under this Act;

[Ins by s 45(6) of Act 19 of 2023.]

“registered ayurvedic hospital” means a hospital registered under this Act as an ayurvedic hospital;

“registered ayurvedic nurse” means a person registered under this Act as an ayurvedic nurse;

“registered ayurveda pharmacy” means a pharmacy registered under this Act as an ayurveda pharmacy;

[Am by s 3(1) of Act 19 of 2023.]

“registered ayurvedic pharmacist” means a person registered as an ayurvedic pharmacist under this Act;

“registered ayurvedic practitioner” means a person registered as an ayurvedic practitioner under this Act, and includes any person who is deemed to be so registered under
section 73;

“University of Colombo, Sri Lanka” means the University of Colombo, Sri Lanka established under section 139 of the Universities Act, No. 16 of 1978; and

[Ins by s 45(6) of Act 19 of 2023.]

“University of Jaffna, Sri Lanka” means the University of Jaffna, Sri Lanka established under section 139 of the Universities Act, No. 16 of 1978.

[Ins by s 45(6) of Act 19 of 2023.]

SCHEDULES

FIRST 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.

(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 ayurveda pharmacy, any name, title, addition or description which may be used by a registered ayurvedic pharmacist;

[Am by s 3(1) of Act 19 of 2023.]

“registered ayurvedic practitioner” has the same meaning as in the Ayurveda Act.

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” of the words “registered ayurveda practitioners”.

[Am by s 3(1) of Act 19 of 2023.]

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

[Am by s 3(1) of Act 19 of 2023.]

(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 substituted, 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 ayurveda practitioners”;

[Am by s 3(1) of Act 19 of 2023.]

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

(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 ayurveda practitioners in his district to whom opium certificates have been issued”,

[Am by s 3(1) of Act 19 of 2023.]

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 ayurveda practitioners”,

[Am by s 3(1) of Act 19 of 2023.]

(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”, of the following—

“Medical Ordinance and, where the medical practitioner is a registered ayurvedic practitioner, refer the case to the Ayurveda Medical Council established under the Ayurveda Act and not the Ceylon Medical Council”.

[Am by s 3(1) of Act 19 of 20223.]

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 “consumers and vederalas,” the words “consumers, and of registered ayurveda practitioners to whom opium certificates have been issued,”; and

[Am by s 3(1) of Act 19 of 2023.]

(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 ayurveda practitioners to whom opium certificates have been issued”, and

[Am by s 3(1) of Act 19 of 2023.]

(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 Ayurveda practitioners”.

[Am by s 3(1) of Act 19 of 2023.]

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

[Am by s 3(1) of Act 19 of 2023.]

(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 ayurveda practitioners to whom opium certificates have been issued”.

[Am by s 3(1) of Act 19 of 2023.]

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

[Am by s 3(1) of Act 19 of 2023.]

(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 ayurveda practitioners”; and

[Am by s 3(1) of Act 19 of 2023.]

(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 ayurveda practitioners to whom opium certificates have been issued”;

[Am by s 3(1) of Act 19 of 2023.]

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

(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

(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.

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:………… 20 ....

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

(a) for the word “vederalas”, the words “registered ayurveda practitioners to whom opium certificates have been issued”;

[Am by s 3(1) of Act 19 of 2023.]

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

[Am by s 3(1) of Act 19 of 2023.]

(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 substituted, for the word “Vederala”, the words “Registered Ayurvedic Practitioner”.

1 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

2 Section 84 is a repealing section hence hereby omitted.

3 Repealed by the Food Act, No. 26 of 1980, with effect from 1st February, 1981.

4 Section 87 is a repealing section hence hereby omitted.

5 Repealed by Act No. 31 of 1961.

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