Health and Family Welfare Department, Government of Kerala to make suitable alterations in the Register, which communications are produced along with W.P. (C) No. 21419 of 2009 filed by the Central Council of Indian Medicine, no effective steps were taken to make suitable amendments in the Act, 1953 to avoid conflict with the Central Act, 1970. However, the State Government has chosen to issue Government Orders specified above granting exemption from registration, thus, permitting the traditional practitioners of ayurveda to practice ayurveda without the qualifications prescribed under the law and registration in terms of law. Therefore, we have no hesitation to hold that the action of the State Government in granting exemption invoking the powers conferred under the first proviso to Section 38 to traditional Ayurveda practitioners has no legal sustenance, and further the 1st proviso to Section 38 of the Act, 1953 being repugnant to section 17( 2) of the Central Act, 1970 is unconstitutional.