No. 59 OF 1973
An Act to provide for the constitution of a Central Council of Homeopathy and maintenance of a Central Register of Homeopathy and for matters connected therewith.
Be it enacted by Parliament in the Twenty fourth Year of the Republic of India as follows:
1.(1)This Act may be called the Homeopathy Central Council Act, l973.
(2)It extends to the whole of India.
(3) It shall come into force in a State on such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf for such State and different dates may be appointed for different States and for different provisions of this Act.
2.(1) In this Act, unless the context otherwise requires-
(a) "Board" means a Board, Council, Examining Body or Faculty of Homeopathy (by whatever name called) constituted by the State Government under any law for the time being in force regulating the award of medical qualifications in, and registration of practitioners of Homeopathy;
(b) "Central Council" means the Central Council of Homeopathy constituted under section 3;
(c ) "Central Register of Homeopathy" means the register maintained by the Central Council under this Act;
(d) "Homeopathy" means the Homoeopathic system of medicine and includes the use of Biochemic remedies;
(e) "Medical institution" means any institution within or without India which grants Degrees, Diplomas or licenses in Homeopathy;
(f) "Prescribed" means prescribed by regulations;
(g) "Recognized medical qualification" means any of the medical qualifications in Homeopathy included in the Second or the Third Schedule.
(h) "Regulation" means a regulation made under section 33.
(i) "State Register of Homeopathy" means a register or registers maintained under any law for the time being in force in any State regulating the registration of practitioners of Homeopathy;
(j)"University" means any University in India established by law and having a Faculty of Homeopathy and includes a University in India established by law in which instruction, teaching, training or research in Homeopathy is provided.
(2) Any reference in this Act to a law which is not in force in the state of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.
Chaper II
THE CENTRAL COUNCIL AND ITS COMMITTEES
3 (1) The Central Government shall, by notification in the Official Gazette, constitute for the purposes of this Act a Central Council consisting of the following members, namely-
(a) Such number of members not exceeding five as may be determined by the Central Government in accordance with the provisions of the First Schedule from each State in which a State Register of Homeopathy is maintained, to be elected from amongst themselves by persons enrolled on that register as practitioners of Homeopathy;
(b) One member from each University to be elected from amongst themselves by the members of the Faculty or Department (by whatever name called) of Homeopathy of that University;
Provided that until any such Faculty or Department of Homeopathy is started in at least seven Universities, the Central Government may nominate such number of members not exceeding seven as may be determined by the Central Government from amongst the teaching staff of medical institutions within India, so however, that the total number of members so nominated and elected under this clause shall in no case exceed seven;
(c) Such number of members, not exceeding forty percent of the total number of members elected under clause (a) and (b), as may be nominated by the Central Government, from amongst persons having special knowledge or practical experience in respect of Homeopathy or other related disciplines;
Provided that until members are elected under clause (a) or clause (b) in accordance with the provisions of this Act and the rules made thereunder, the Central Government shall nominate such number of members, being persons qualified to be chosen as such under the said clause (a) or clause (b) as the case may be, as that government thinks fit; and references to elected members in this Act shall be construed as including references to members so nominated.
(2) The President and the Vice-President of the Central Council shall be elected by the members of the Central Council from amongst themselves in such manner as may be prescribed;
Provided that for two years from the first constitution of the Central Council, the President and the Vice President shall be nominated by the Central Government from amongst the members of the Central Council and the President and the Vice President so nominated shall notwithstanding anything contained in sub section (1) of section 7, hold office during the pleasure of the Central Government.
4.(1) An election under clause (a) or clause (b) of sub-section (1) of section 3 shall be conducted by the Central Government in accordance with such rules as may be made by it in this behalf.
(2) Where any dispute arises regarding any election to the Central Council, it shall be referred to the Central Government whose decision shall be final.
5.(1) No person shall be eligible for election to the Central Council unless he possesses any of the medical qualifications included in the Second or the Third Schedule, is enrolled on any State Register of Homeopathy and resides in the State concerned.
(2) No person may at the same time serve as a member in more than one capacity
6. The Central Council shall be a body corporate by the name of the Central Council of Homeopathy having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued.
7.(1) The President, Vice-President or a member of the Central Council shall hold office for a term of five years from the date of his election or nomination, as the case may be, or until his successor shall have been duly elected or nominated, whichever is longer.
(2) A person, who holds or who has held office as President or Vice-President of the Central Council, shall be eligible for re-election to that office once, but only once.
(3) Members of the Central Council shall be eligible for re-election or re-nomination.
(4) An elected or nominated member shall be deemed to have vacated his seat if he is absent without excuse, sufficient in the opinion of the Central Council, from three consecutive ordinary meetings of the Central Council or, in the case of a member elected under clause (a) of sub-section (1) of section 3, if he ceases to be enrolled on the concerned State Register of Homeopathy, or in the case of a member elected under clause (b) of that sub-section, if he ceases to be a member of the Faculty or Department ( by whatever name called) of Homeopathy of the University concerned.
(5) A casual vacancy in the Central Council shall be filled by election or nomination, as the case may be, and the person elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nominated.
(6) Where the said term of five years is about to expire in respect of any member, a successor may be elected or nominated at any time within three months before the said term expires but he shall not assume office until the said term has expired.
8.(1) The Central Council shall meet at least once in each year at such time and place as may be appointed by the Central Council.
(2) Unless otherwise prescribed, 1/3 rd of the total number of members of the Central Council shall form a quorum, and all the acts of the Central Council shall be decided by a majority of the members present and voting.
9.(1) The Central Council shall constitute from amongst its members an Executive Committee and such other committees for general or special purposes, as the Council deems necessary to carry out the purposes of this Act.
(2) (i) The Executive Committee (hereafter in this section referred to as the Committee) shall consist of the President and Vice-President who shall be members Ex officio, and not less than five and not, more than seven members who shall be elected by the Central Council from amongst its members.
(ii) The President and the Vice President shall be the President and Vice-President respectively of the Committee.
(iii) In addition to the powers and duties conferred and imposed upon it by this Act, the Committee shall exercise and discharge such powers and duties as the Central Council may confer or impose upon it by any regulations which may be made in this behalf.
10.(1) The Committee constituted under section 9 shall meet at least twice in each year at such time and place as may be appointed by the Central Council.
(2) Unless otherwise prescribed one-third of the total number of members of a committee shall form a quorum, and all the acts of the Committee shall be decided by a majority of the members present and voting.
11. The Central Council shall -
(a) Appoint a Register who shall also act as Secretary;
(b) Employ such other persons, as it deems necessary to carry out the purposes of this Act.
(c) Require and take from the Registrar or from any other employee, such security for the due performance of his duties as the Central Council deems necessary; and
(d) With the previous sanction of the Central Government, fix the remuneration and allowances to be paid to the President, Vice President and members of the Central Council and to the members of the committees thereof and determine the conditions of service of the employees of the Central Council.
12. No act or proceeding of the Central Council or any committee thereof shall be called in question on the ground merely of the existence Of any vacancy in, or any defect in the constitution of the Central Council or the committee, as the case may be.
Chapter III
RECOGNITION OF MEDICAL QUALIFICATIONS
13.(1) The medical qualifications granted by any University, Board Or other medical institution in India which are included in the Second Schedule shall be recognized medical qualifications for the purposes of this Act.
(2) Any University, Board or other medical institution in India which grants a medical qualification not included in the Second Schedule may apply to the Central Government to have any such qualification recognized, and the Central Government, after consulting the Central Council, may, by notification in the Official Gazette, amend the Second Schedule so as to include such qualification therein and any such notification may also direct that an entry shall be made in the last column of the Second Schedule against such medical qualification only when granted after a specified date.
14.(1) The medical qualifications granted by medical institutions outside India which are included in the Third Schedule shall be recognized medical qualifications for the purposes of this Act.
(2)(a) The Central Council may enter into negotiations with the authority in any State or country outside India, which by the law of such State or country is entrusted with the maintenance of a Register of practitioners of Homeopathy for settling of a scheme of reciprocity for the recognition of medical qualifications in Homeopathy, and in pursuance of any such scheme, the Central Government may, by notification in the Official Gazette, amend the Third Schedule so as to include therein any medical qualification which the Central Council has decided should be recognized and any such notification may also direct that an entry shall be made in the last column of the Third Schedule against such medical qualification declaring that it shall be recognized medical qualification only when granted after a specified date.
(b) Where the Council has refused to recommend any medical qualification which has been proposed for recognition by any authority referred to in clause (a) and that authority applies to the Central Government in this behalf, the Central Government, after considering such application and after obtaining from the Council a report, if any, as to the reasons for any such refusal, may, by notification in the Official Gazette, declare that such qualification shall be a recognized medical qualification and the provisions of clause(a) shall apply accordingly.
15.(1) Subject to the other provisions contained in this Act, any medical qualification in the Second or the Third schedule shall be sufficient qualification for enrolment on any State Register of Homeopathy.
(2) No person, other than practitioner of Homeopathy who possess a recognized medical qualification and is enrolled on a State Register or the Central Register of Homeopathy -
(a) Shall hold office as Homoeopathic physician or any other office (by whatever designation called) in Government or in any institution maintained by a local or other authority.
(b) Shall practice Homeopathy in any state.
(c) Shall be entitled to sign or authenticate a medical or fitness certificate or any other certificate required by any law to be signed or authenticated by a duly qualified medical practitioner.
(d) Shall be entitled to give any evidence at any inquest or any court of law as an expert under section 45 of the Indian Evidence Act, l872 on any matter relating to Homeopathy.
(3) Nothing contained in sub- section (2) shall affect -
(a) The right of a practitioner of Homeopathy enrolled on a State Register of Homeopathy to practice Homeopathy in any State merely on the ground that, on the commencement of this Act, he does not possess a recognized medical qualification.
(b) The privileges (including the right to practice Homeopathy conferred by or under any law relating to registration of practitioners of Homeopathy for the time being in force in any State, on a practitioner of Homeopathy enrolled on a State Register of Homeopathy.
(c) The right of a person to practice Homeopathy in a State in which, on the commencement of this Act, a State Register of Homeopathy is not maintained if, on such commencement, he has been practicing Homeopathy for not less than five years.
(d) The rights conferred by or under the Indian Medical Council Act, l956 (including the right to practice medicine as defined in clause (f) of section 2 of the said Act) or the Indian Medicine Central Council Act, l970 of persons possessing any qualifications included in the respective Schedules to the said Act.
(4) Any person who acts in contravention of any provision of sub-section (2) shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees or with both.
16. Every University, Board or medical institution in India which grants a recognised medical qualification shall furnish such information as the Central Council may, from time to time, require as to the courses of study and examinations to be undergone in order to obtain such qualification, as to the ages at which such course of study and examinations are required to be undergone and such qualification is conferred and generally as to the requisites for obtaining such qualification.
17.(1) The Central Council shall appoint such number of medical inspectors as it may deem requisite to inspect any medical college, hospital or other institution where education in Homeopathy is given, or to attend any examination held by any University, Board or medical institution for the purpose of recommending to the Central Government for recognition of medical qualifications granted by that University, Board or medical institution.
(2) The medical inspectors shall not interfere with the conduct of any training or examination but shall report to the Central Council on the adequacy of the standards of education including staff, equipment, accommodation, training and other facilities prescribed for giving education in Homeopathy, as the case may be, or on the sufficiency of every examination which they attend.
(3) The Central Council shall forward a copy of any such report to the University, Board or medical institution concerned, and shall also forward a copy with the remarks of the University, Board or medical institution thereon, to the Central Government.
18.(1) The Central Council may appoint such number of visitors as it may deem requisite to inspect any medical college, hospital or other institution where education in Homeopathy is given or to attend any examination for the purpose of granting recognised medical qualification.
(2) Any person, whether he is a member of the Central Council or not may be appointed as a visitor under this section but a person who is appointed as an inspector under section l7 for any inspection or examination shall not be appointed as a visitor for the same inspection or examination.
(3) The visitors shall not interfere with the conduct of any training or examination but shall report to the President of the Central Council on the adequacy of the standards of education including staff, equipment, accommodation, training and other facilities prescribed for giving education in Homeopathy or on the sufficiency of every examination which they attend.
(4) The report of a visitor shall be treated as confidential unless in any particular case the President of the Central Council otherwise directs.
Provided that if the Central Government requires a copy of the report of a visitor, the Central Council shall furnish the same.
19.(1) When upon report by the inspector or the visitor it appears to the Central Council -
(a) That the courses of study and examination to be undergone in or the proficiency required from candidates at any examination held by any University, Board or medical institution, or
(b) That the staff, equipment, accommodation, training and other facilities for instruction and training provided in such University, Board or medical institution or in any college or other institution affiliated to the University,
Do not conform to the standard prescribed by the Central Council, shall make representation to that effect to the Central Government.
(2) After considering such representation, the Central Government may send it to the Government of the State in which the University Board or medical institution is situated and the State Government shall forward it and the State Government shall forward it along with such remarks as it may choose to make to the University, Board or medical institution with an intimation of the period within which the University, Board or medical institution may submit its explanation to the State Government.
(3) On the receipt of the explanation or where no explanation is submitted within the period fixed then on the expiry of that period the State Government shall make its recommendations to the Central Government.
(4) The Central Government after making such further inquiry, if any, as it may think fit, may, by notification in the Official Gazette, direct that an entry shall be made in the Second Schedule against the said medical qualification declaring that it shall be a recognised medical qualification only when granted before a specified date or that the said medical qualification if granted to students of a specified college or institution affiliated to any University shall be recognised medical qualification only when granted before a specified date or as the case may be, that the said medical qualification shall be recognized medical qualification in relation to a specified college or institution affiliated to any university only when granted after a specified date.
20.(1) The Central Council may prescribe the minimum standards of education in Homeopathy required for granting recognized medical qualifications by Universities, Boards or medical institutions in India.
(2) Copies of the draft regulations and of all subsequent amendments thereof shall be furnished by the Central Council to all State Governments and the Central Council shall before submitting the regulations or any amendment thereof as the case may be, to the Central Government for sanction, take into consideration the comments of any State Government received within three months from the furnishing of the copies as aforesaid.
CHAPTER IV
THE CENTRAL REGISTER OF Homeopathy
21.(1) The Central Council shall cause to be maintained in the prescribed manner, a register of practitioners of Homeopathy to be known as the Central Register of Homeopathy which shall contain -
(a) In part I, the names of all persons who are for the time being enrolled on any State Register of Homeopathy and possess any of the recognised medical qualifications.
(b) In part II, the names of all persons, other than those included in part I, who are for the time being enrolled on any State Register of Homeopathy.
(2) It shall be the duty of the Registrar of the Central Council to keep and maintain the Central Register of Homeopathy in accordance with the provisions of this Act and of any orders made by the Central Council, and from time to time to revise the register and publish it in the Gazette of India and in such other manner as may be prescribed.
(3) Such register shall be deemed to be a public document within the meaning of the Indian Evidence Act, l872 and may be proved by a copy published in the Gazette of India.
22. Each Board shall supply to the Central Council three printed copies of the State Register of Homeopathy as soon as may be after the commencement of this Act and subsequently after the first day of April of each year and each Board shall inform the Central Council without delay of all additions to and other amendments in the State Register of Homeopathy made from time to time.
23. The Registrar of the Central Council may on receipt of the report of registration of a person in a State Register of Homeopathy or on application made in the prescribed manner by any person, enter his name in the Central Register of Homeopathy provided that the Registrar is satisfied that the person concerned is eligible under this Act for such registration.
24.(1) The Central Council may prescribe standards of professional conduct and etiquette and a code of ethics for practitioners of Homeopathy.
(2) Regulations made by the Central Council under sub-section (1) may specify which violations thereof shall constitute infamous conduct in any professional respect that is to say, professional respect that is to say, professional misconduct and such provision shall have effect notwithstanding anything contained in any law for the time being in force.
25.(1) If the name of any person enrolled on a State Register of Homeopathy is removed therefrom in pursuance of any power conferred by or under any law relating to registration of practitioners of Homeopathy for the time being in force in any State, the Central Council shall direct the removal of the name of such person from the Central Register of Homeopathy.
(2) Where the name of any person has been removed from a State Register of Homeopathy on any ground other than that he is not possessed of the requisite medical qualifications or where any application by the said person for restoration of his name to the State Register of Homeopathy has been rejected, he may appeal in the prescribed manner and subject to such conditions, including conditions as to the payment of a fee, as may be prescribed to the Central Government whose decision, which shall be given after consulting the Central Council, shall be binding on the State Government and on the authorities concerned with the preparation of the State Register of Homeopathy.
26.(1) Subject to the conditions and restrictions laid down in this Act regarding practice of Homeopathy by persons possessing certain recognized medical qualifications, every person whose name is for the time being borne on Part I of the Central Register of Homeopathy shall be entitled according to his qualifications to practice Homeopathy in any part of India and to recover in due course of law in respect of such practice any expenses, charges in respect of medicaments of other appliances or any fees to which he may be entitled.
(2) Subject to the provisions of sub-section (3) of section l5, any person whose name is for the time being borne on part II of the Central Register of Homeopathy, may practice Homeopathy in any State, other than the state where he is enrolled on the State Register of Homeopathy with the previous approval of the Government of the State where he intends to practice.
27.(1) If any person whose name is entered in the central register of Homeopathy obtains any title, diploma or other qualification for proficiency in Homeopathy, which is a recognised medical qualification, he shall, on application made in this behalf in the prescribed manner, be entitled to have an entry stating such other title, diploma or other qualification made against his name in the Central Register of Homeopathy either in substitution for or in addition to any entry previously made.
(2) The entries in respect of any such person in a State Register of Homeopathy shall be altered in accordance with the alteration made in the Central Register of Homeopathy.
28. Every person registered in the Central Register of Homeopathy shall notify any transfer of the place of his residence or practice to the Central Council and to the Board concerned within ninety days of such transfer, failing which his right to participate in the election of members to the Central Council or a Board shall be liable to be forfeited by order of the Central Government either permanently or for such period as may be specified therein.
CHAPTER V
MISCELLANEOUS
29.(1) The Central Council shall furnish such reports, copies of its minutes, abstracts of its accounts, and other information to the Central Government as that Government may require.
(2) The Central Government may publish in such manner, as it may think fit, any report, copy, abstract or other information furnished to it under this section or under section l8.
30.(1) Whenever it is made to appear to the Central Government that the Central Council is not complying with any of the provisions of this Act, the Central Government may refer the particulars of the complaint to a commission of inquiry consisting of three persons, two of whom shall be appointed by the Central Government, one being a Judge of a High Court, and one by the Central Council and such commission shall proceed to inquire in a summary manner and to report to the Central Government as to truth of the matters charged in the complaint and in case of any charge of default or of improper action being found byte commission to have been established, the commission shall recommend the remedies if any, which are in its opinion necessary.
(2) The Central Government may require the Central Council to adopt the remedies so recommended within such time as having regard to the report of the commission, it may think fit and if the Central Council fails to comply with any such requirement, the Central Government may amend the regulations of the Central Council or make such provision or order or take such other steps as may seem necessary to give effect to the recommendations of the commission.
(3) A commission of inquiry shall have power to administer oaths, to enforce the attendance of witnesses and the production of documents and shall have all such other necessary powers for the purpose of any inquiry conducted by it as are exercised by a civil court under the Code of Civil Procedure, l908.
31. No suit, prosecution or other legal proceeding shall lie against the Government, the Central Council or a Board or any committee thereof or any officer or servant of the Government or the Central Council or the Board or the committee aforesaid for anything which is in good faith done or intended to be done under this Act.
32.(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of any thing previously done under that rule.
33.(1) The Central Council may, with the previous sanction of the Central Government, make, by notification in the Official Gazette, regulations generally to carry out the purposes of this Act, and, without prejudice to the generality of this power, such regulations may provide for -
(a) As the manner of election of the President and the Vice-President of the Central Council;
(b) The management of the property of the Central Council and the maintenance and audit of its accounts;
(c) The resignation of members of the Central Council;
(d) The powers and duties of the President and Vice-President;
(e) the summoning and holding of meetings of the Central Council and the committees thereof, the times and places where such meetings are to be held, and the conduct of business there and the number of members necessary to constitute a quorum;
(f) The functions of the committees constituted under section 9;
(g) The tenure of office, and the powers and duties of, the Registrar & other officers & servants of the Central Council;
(h) The qualifications, appointment., powers and duties of and procedure to be followed by, inspectors and visitors;
(i) The courses and period of study of practical training to be undertaken, the subjects of examination and the standards of proficiency therein to be obtained, in any University , Board or medical institution for grant of recognised medical qualification;
(j) The standards of staff, equipment, accommodation, training and other facilities for education in Homoeopathy;
(k) The conduct of professional examinations, qualifications of examiners and the conditions of admission to such examinations;
(l) The standards of professional conduct and etiquette and code of ethics to be observed by practitioners of Homoeopathy;
(m) The particulars to be stated, and the proof of qualification s to be given in applications for registration under this Act;
(n) The manner in which and the conditions subject to which an appeal under section 25 may be preferred;
(o) The fees to be paid on applications and appeals under this Act; and
(p) Any matter for which under this Act provision may be made by regulations.
(2) The Central Government shall cause every regulation made under this Act to be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both House agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.
