DHANI RAM SHARMA Vs. STATE OF H.P.
HIGH COURT OF HIMACHAL PRADESH
DHANI RAM SHARMA
STATE OF H.P.
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DEVINDER GUPTA,J. -
(1.) Petitioner, who claims to be the General Secretary of the Himachal Pradesh Ayurved Sammelan, being a Union of Ayurvedic Practitioners and being a branch of All India Ayurvedic Congress has, in this petition filed under Article 226 of the Constitution of India, questioned the validity of subsection (5) inserted, on the basis of the H. P. Ayurvedic and Unani Practitioners (Amendment) Act, 1977, hereinafter referred to as the Amendment Act, to section 15 of the principal Act, namely, H P. Ayurvedic and Unani Practitioners Act, 1958 (Act No. 2 of 1968) as also the addition of sub -ulers (5) and (7) under Rules 3 and 32, respectively, in the HP, Ayurvedic and Unani Practitioners (General) Rules, 1969, hereinafter referred to as the Rules.
(2.) The challenge, which the petitioner has made to the insertion of sub -section (5) to section 15 of the principal Act as also sub -rule (5) and sub -rule (7) to Rules 3 and 32, respectively, to the Rules is on the ground that the principal Act, being a taxing Statute, the subsequent amendment by insertion or a new provision therein cannot be given any retrospective effect and non -rendering of any service of extension of any facility to the petitioner or other registered practitioners either by the Government or by the Board in lieu of the receipt of renewal fee, makes the imposition of fee as a tax which is bad in law. The petitioner has also challenged the demand for an additional amount over and above the renewal fee, which has been asked to be paid by the petitioner and other registered practitioners, on the ground that such a demand is wholly unauthorised.
(3.) The principal Act was enacted with a view to consolidate and amend the law relating to the Registration of Practitioners of Ayurvedic and Unani Systems of Medicine and to regulate the practice in such system. Clause (d) of section 2 defines Board to mean the Board of Ayurvedic and Unani Systems of Mediciae, Himachal Pradesh established and constituted under section;
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