HOMOEOPATHY CENTRAL COUNCIL ACT, 1973
(1) This Act may be called THE HOMOEOPATHY CENTRAL COUNCIL ACT, 1973.
(2) It extends to the whole of India.
(3) It shall come into force in a State on such date1as 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.
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1. Chapter I, section 12 and Chap. V in whole of India and sections 3 to 11; 13 to 15, in all the States, except Haryana; H.P.; J. and K.; Manipur; Meghalaya; Nagaland; Punjab and Tripura and Union Territories of Chandigarh and Delhi, enforced on 1-8-1974
Chapters 2, 3 and 4 enforced in all the States (Except H.P., J.
(1) In this Act, unless the context otherwise requires,-
(a) "Board" means a Board, Council, Examining Body or Faculty of Homoeopathy (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, Homoeopathy;
(b) "Central Council" means the Central Council of Homoeopathy constituted under section 3;
(c) "Central Register of Homoeopathy" means the register maintained by Central Council under this Act;
(d) "Homoeopathy" means the Homoeopathic system of medicine and includes the use of Biochemic remedies;
(e) "medical institution" means any institution within or without India whi
(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 Homoeopathy is maintained, to be elected from amongst themselves by persons enrolled on that register as practitioners of Homoeopathy;
(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 Homoeopathy of that University :
Provided that until any such Faculty or Department of Homoeopathy is started in at least seven Universities, the Ce
(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.
(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 Homoeopathy and resides in the State concerned.
(2) No person may at the same time serve as a member in more than one capacity.
The Central Council shall be a body corporate by the name of the Central Council of Homoeopathy 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.
(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 ejected 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 su
(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, one-third 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.
(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 Counc
(1) The committees 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.
The Central Council shall-
(a) appoint a Registrar who shall also act as Secretary;
(b) employ such other person 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.
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.
(1) Notwithstanding anything contained in this Act or any other law for the time being in force,--
(a) no person shall establish a Homoeopathic Medical College; or
(b) no Homoeopathic Medical College shall--
(i) open a new or higher course of study or training (including postgraduate course of study or training) which would enable students of each course or training to qualify himself for the award of any recognized medical qualification; or
(ii) increase its admission capacity in any course of study or training (Including the post-graduate course of study or training), except with the previous permission of the Central Government obtained in accordance with the provisions of this section.
Explanation 1.-
(1) Where any medical institution is established without the previous permission of the Central Government in accordance with the provisions of section 12A, medical qualification granted to any student of such medical institution shall not be deemed to be a recognised medical qualification for the purposes of this Act.
(2) Where any medical institution opens a new or higher course of study or training (including a post-graduate course of study or training) without the previous permission of the Central Government in accordance with the provisions of section 12A, medical qualification granted to any student of such institution on the basis of such study or training shall not be deemed to be recognised medical qualification for the purposes of this Act.
(3) Where any medical institution increases its admission capacity in any course of stu
(1) The medical qualifications granted by any University, Board or other medical institution in India which are included in the Second Schedule shall be recognised 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.
(1) The medical qualifications granted by medical institutions outside India which are included in the Third Schedule shall be recognised 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 Homoeopathy, for settling of a scheme of reciprocity for the recognition of medical qualifications in Homoeopathy, 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 recognised, and any such notification may also direct that an entry shall be made in the 1st column of the Third Schedule against suc
(1) Subject to the other provisions contained in this Act, any medical qualification included in the Second or the Third Schedule shall be sufficient qualification for enrolment on any State Register of Homoeopathy.
(2) No person, other than a practitioner of Homoeopathy who posesses a recognized medical, qualification and is enrolled on a State Register or the Central Register of Homoeopathy,-
(a) shall hold office as Homoeopathic physican or any other office (by whatever designation called) in Government or in any institution maintained by a local or other authority;
(b) shall practise Homoeopathy 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 o
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 courses of study and examinations are required to be undergone and such qualification is conferred and generally as to the requisites for obtaining such qualification.
(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 Homoeopathy is given or to attend any examination held by any University, Board or medical institution for the purpose of recommending to the Central Government recognition of medical qualification granted by that University, Board or medical institution.
(2) The medical inspectors shall not interfere with the conduct of any training of 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 Homoeopathy, as the case may be, or on the sufficiency of every examination which they attend.
(3) The Central Council shall
(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 Homoeopathy 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 17 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 far gi
(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, the Central Council shall make a 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
(1) The Central Council may prescribe the minimum standards of education in Homoeopathy, required for granting recognised 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 Counsel 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.
(1) The Central Council shall cause to be maintained in the prescribed manner, a register of practitioners of Homoeopathy to be known as the Central Register of Homoeopathy which shall contain -
(a) in Part I, the names of all persons who are for the time being enrolled on any State Register of Homoeopathy 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 Homoeopathy.
(2) It shall be the duty of the Registrar of the Central Council to keep and maintain the Central Register of Homoeopathy 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 Gaz
Each Board shall supply to the Central Council three printed copies of the State Register of Homoeopathy 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 Homoeopathy made from time to time.
The Registrar of the Central Council may on receipt of the report of registration of a person in a State Register of Homoeopathy or an application made in the prescribed manner by any person, enter his name in the Central Register of Homoeopathy, provided that the Registrar is satisfied that the person concerned is eligible under this Act for such registration.
(1) The Central Council may prescribe standards of professional conduct and etiquette and a code of ethice for practitioners of Homoeopathy.
(2) Regulation 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 misconduct, and such provision shall have effect notwithstanding anything contained in any law for the time being in force.
(1) If the name of any person enrolled on a State Register of Homoeopathy is removed therefrom in pursuance of any power conferred by or under any law relating to registration of practitioners of Homoeopathy 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 Homoeopathy.
(2) Where the name of any person has been removed from a State Register of Homoeopathy 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 Homoeopathy 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 th
1[25A. Provisional registration for practice.--
If the courses of study to be undergone for obtaining a recognised medical qualification in homoeopathy include a period of training after a person has passed the qualifying examination and before such qualification is conferred on him, any such person shall, on application made by him in this behalf, be granted provisional registration in a State Register of Homoeopathy by the Board concerned in order to enable him to practice homoeopathy in an approved institution for the purpose of such training and for no other purpose for the period aforesaid.]
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1. Inserted by The Homoeopathy Central Council (Amendment) Act, 2002 (51 Of 2002)
(1) Subject to the conditions and restrictions laid down in this Act regarding practice of Homoeopathy by person possessing certain recognised medical qualifications, every person whose name is for the time being borne on Part I of the Central Register of Homoeopathy shall be entitled according to his qualifications to practise Homoeopathy, 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 or other appliances or any fees to which he may be entitled.
(2) Subject to the provisions of sub-section (3) of section 15, any person whose name is for the time being borne on Part II of the Central Register of Homoeopathy, may practise Homoeopathy in any State, other than the State where he is enrolled on the State Register of Homoeopathy, with the previous approval of the Government of the State where he intend
(1) If any person whose name is entered in the Central Register of Homoeopathy obtains any title, diploma or other qualification for proficiency in Homoeopathy, 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 Homoeopathy 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 Homoeopathy shall be altered in accordance with the alterations made in the Central Register of Homoeopathy.
Every person registered in the Central Register of Homoeopathy 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.
(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 18.
(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 the truth of the matters charged in the complaint, and in case of any charge of default or of improper action being found by the 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 r
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.
(1) The Central Government may, by notification in the Official Gazette, make rulesa 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, for a total period of thirty days which may be comprised in one 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 anything previously done under that rule.
1 [(1)] The Central Council may, with the previous sanction of the Central government, 1 [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) 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 committee thereof, the time and places
THE FIRST SCHEDULE
[See section 3(1)(a)]
1. The Central Government shall, by notification in the Official Gazette, determine the number of seats allocated in the Central Council of Homoeopathy in each State on the following basis, namely :-
(a) Where the number of persons enrolled on a State Register of Homoeopathy system exceeds 100 but does not exceed 10,000 … 1 seat.
(b) Where the number of persons enrolled on a State Register of Homoeopathy system exceeds 10,000 but does not exceed Rs. 20,000 … 2 seats.
(c) Where the number of persons enrolled on a State Register of Homoeopathy system exceeds 20,000 but does not exceed 30,000 … 3 seats.
(d) Where the number
THE SECOND SCHEDULE
[See section 13]
Recognised Medical Qualifications in Homoeopathy Granted by Universities, Boards or Medical Institutions in India
Name of University, Board or Medical Institution Recognised Medical qualification Abbreviation for registration Remarks
1
2
3
4
ANDHRA PRADESH
1. Andhra Provincial Homoeopathic Medical College, Gudivada. Diploma in Homoeopathic Medicine. D.H.M. April. 1949 to March, 1969.
2. Dr.
THE THIRD SCHEDULE
[See section 14]
Qualifications Granted by Medical Institutions Outside India
Name of University, Board or Medical Institution Recognised medical qualification Abbreviation for registration Remarks
1 2 3 4
1. Faculty of Homoeopathy,
London. Diploma of the Faculty of Homoeopathy. D.F.Hom.
...
2. 1[Faculty of Homoeopathy, Luton, United Kingdom Member of Faculty of Homoeopathy M.F.(Hom.) With effect from 2004.]
3. Faculty of Homoeopathy, London. Fellow of the Facul
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