The Punjab Homoeopathic Practitioners Act, 1965

Act No. 16 of 1965

As amended upto 31st October, 1974

S.Part - 1 PRELIMINARY

S.1 Short title, extent and commencement

(2) It extends to the state of Punjab, the state of Haryana, the Union territory of Chandigarh [1965, Pb. Act 16] the Territories Transferred to the Union Territory of Himachal Pradesh under section 5 of the Punjab reorganization Act, 1966.

(3) It shall come into force on such date as the State Government may by notification appoint in this behalf.

S.2 Definitions

In this Act, unless the context otherwise requires, -

(1) “Chairman” means the chairman of the council.
(2) “Council” means a council of Homoeopathic system of medicine, established and constituted under section 3:
(3) “Homoeopathic System” means the Homoeopathic System of medicine founded by Dr. Hahnemann, and includes the allied system of Bio – chemistry founded by Dr. Schuster and the expression Homoeopathic and Bio–Chemical shall be constructed accordingly.
(4) “Inspector” means an inspector appointed under sub –section (1) of section 20:
(5) “Member” means a member of the council and includes the Chairman;
(6) “Practitioner” means a person who practices The Homeopathic System;
(7) “Prescribed” means prescribed by rules or regulations made under this Act;
(8) “Qualifying examination” means the examination held for the purpose of granting a degree, diploma or certificate conferring the right of registrat

S.Part - II ESTABLISHMENT, CONSTITUTION AND INCORPORATION OF COUNCIL AND REGISTRATION OF PRACTITIONERS

S.21-A Powers and functions of council

1Subject to the provisions of this Act, the powers and function of the council shall be-

(a) to hold qualifying examinations and other examinations, to appoint examiners and other staff to assist them, to fix their fees, remunerations and allowances and to declare the results of the examinations;
(b) to grant degrees, diplomas, or certificates ;
(c) to award stipends, scholarships, medals, prizes and other rewards;
(d) to prepare, publish and prescribe text books and to publish statement of prescribed courses of study;
(e) to found and maintain a library ;
(f) to recommend schemes for post-graduate training and research in the Homeophathic System ;
(g) to appoint any Committee or Board of studies as may be necessary and to lay down their constitution, duties and functions;
(h) to exercise such other powers and perform such other functions as may be specified in this Act, or in the rules or regula

S.33 Power to Amend Schedule I

The State Government may by notification amend Schedule I, so as to add there to or omit there from any qualification, and thereupon such Schedule shall be deemed to have been amended accordingly.

S.Part III DISPUTES REGARDING ELECTIONS

S.34 Definitions

In this Part, unless the context otherwise requires-

(a) "agent" means any person appointed in writing by a candidate at an election to be his agent for the purposes of his election with the written consent of such person;
(b) "candidate" means a person who has been or claims to have been duly nominated as a candidate at an election, and, any such person shall be deemed to, have been a candidate as from the time when, with the election in prospect, he began to hold himself out as 'a prospective candidate;
(c) "Corrupt practice" means any of the practices specified in Schedule II;
(d) "costs" means all costs, charges and expenses of, or incidental to, a trial of an election petition;
(e) "election" means an election to fill the office, of a member;
(f) "electoral right" means the right of a person to stand or not to stand, as, or to withdraw from being, a candidate or to vote or refrain from voting at an election;
(g

S.35 Election Petitions

No election of a member shall be called in question except by an election petition presented in accordance with the provisions of this Part.

S.36 Presentation of petitions

(1) Any registered practitioner may within a period of thirty days from the date on which the election of any member is notified under sub-section (6) of section 3 and on furnishing the prescribed security in the prescribed manner, present on one or more of the grounds specified in sub-section (1) of section 48 to the prescribed authority an election petition in writing against the election of such member.

(2) The election petition shall be deemed to have been presented to the prescribed authority -

(a) when it is delivered to the prescribed authority.

(i) by the person making the petition or

(ii) by a person authorised in writing in this behalf by the person making the petition or

(b) when it is sent by registered post and is delivered to the prescribed authority.

S.37 Contents of petition

(1) An election petition.-

(a) shall contain a concise statement of the material facts on which the petitioner relies;

(b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and date and place of the commission of each such practice and

(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (Act No. V of 1908), for the verification of pleadings:

Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form In support of the allegation of such corrupt practice and the particulars thereof.

(2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.

S.38 Procedure on receiving election petition

If the prescribed security is not furnished in the prescribed manner or the petition is not presented, within the period specified in section 36, the prescribed authority shall dismiss the petition:

Provided that the Petition shall not be dismissed without giving the petitioner an opportunity of being heard.

S.39 Power to withdraw and transfer petitions

Any authority empowered in this behalf by the State Government may, at any stage after notice to parties and for reasons to be recorded, withdraw any election petition pending before a prescribed authority and transfer it for trial to another prescribed authority; and upon such transfer, that prescribed authority shall proceed with the trial from the stage at which it was withdrawn:

Provided that such authority may if it thinks fit recall and re-examine any of the witnesses already examined.

S.40 Procedure before the prescribed authority

(1) Subject to the Provisions of this Act and of any rules made there under every election petition shall be tried by the prescribed authority, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure 1980 (Act No. V of 1908) to the trial of suits:

Provided that the prescribed authority shall have the discretion to refuse for reasons to be recorded to examine any witness or witnesses, if it is of the opinion that their evidence is not material for the decision of the petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings.

(2) The provisions of the Indian Evidence Act, 1872 (Act No. I of 1872), shall, subject to the provisions of this Act, be deemed to apply in all respects to the trial of an election petition.

S.41 Appearance before prescribed authority

Any appearance, application or act before the prescribed authority may be made or done by the party in person or by a pleader duly appointed to act on his behalf :

Provided that it shall be open to the prescribed authority to direct, any party to appear in person whenever the prescribed authority considers it necessary.

S.42 Powers of the prescribed authority

The prescribed authority shall have the powers which are vested in a court under the Code of Civil Procedure, 1908 (Act V of 1908) when trying a suit in respect of the following matters:-

(a) discovery and inspection;
(b) enforcing the attendance of witnesses and requiring the deposit of their expenses;
(c) compelling the production of documents;
(d) examining witnesses on oath;
(e) granting adjournments;
(f) reception of evidence taken on affidavit; and
(g) issuing commissions for the examination of witnesses;

and may summon and examine suo motu any person whose evidence appears to it to be material; and shall be deemed to be a Civil Court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (Act No. V of 1898).

Explanation:-For the purpose of enforcing the attendance of witnesses the local limits of the jurisdiction the prescribed authority shall be the limits of

S.43 Documentary evidence

Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence at the trial of an election petition on the ground that it is not duly stamped or registered.

S.44 Secrecy of voting not to be infringent

No witness or other person shall be required to state for whom he has voted at an election.

S.45 Answering of criminating questions and certificate of indemnity

(1) No witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trial of an election petition up to the ground that the answer to such question may criminate or may tend to criminate him, or that it may expose or may tend to expose him to any penalty or forfeiture:

Provided that-

(a) a witness who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from the prescribed authority; and

(b) an answer given by a witness to a question put by or before the prescribed authority shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against him in any civil or criminal proceeding.

(2) When a certificate of indemnity has been granted to any witness it may be pleaded by him in any court and shall be a full and complete defence to or upon any charge under Chapter IX-A of the Indian Penal

S.46 Expenses of witnesses

The reasonable expenses incurred by any person in attending to give evidence may be allowed by the prescribed authority to such person, and shall, unless the prescribed authority otherwise directs, be deemed to be part of the costs.

S.47 Decision of the prescribed authority

(1) When an election petition has not been dismissed under section 38, the prescribed authority shall inquire into the election petition and at the conclusion of the inquiry shall make an order-

(a) dismissing the election petition; or

(b) setting aside the election.

(2) At the time of making an order under subsection (1) the prescribed authority shall also make an order-

(a) where any charge is made in the petition of any corrupt practice having been committed at the election, recording-

(i) a finding whether any corrupt practice has or has not been proved to have been committed at the election and the nature of that corrupt practice and

(ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that corrupt practice; and

(b) fixing the total amount of costs payable, and specifying the persons by and to whom costs shall be paid.:

Provided that a perso

S.48 Grounds for setting aside election

(1) If the prescribed authority is of the opinion -

(a) that on the date of his election the elected person was not qualified or was disqualified, to be elected under this Act; or

(b) that any corrupt practice has been committed by the elected person or his agent or by any other person with the consent of the elected person or his agent;or

(d) that the result of the election, in so far as it concerns the elected person, has been materially affected -

(i) by the improper acceptance of any nomination; or

(ii) by the improper reception, refusal or re-jection of any vote or the reception of any vote which is void or

(iii) by any non-compliance with the provisions of this Act or of any rules made under this Act; the prescribed authority shall set aside the election of the elected person.

(2) When an election has been, set aside under sub section (1), a fresh election shall be

S.49 Abatement of election Petition

An election petition shall abate only on the death of a sole petitioner or of the survivor of several petitioners.

S.50 Costs and payment thereof out of security deposits and return of such deposits

(1) Costs, including pleaders' fee shall be in the discretion of the prescribed authority.

(2) If in any order as to costs under the provisions of this Part there is a direction for payment of costs by any party to any person, such costs shall, if they have not been already paid, be paid in full, or so far as possible, out of the security deposit made by such party under this Part, or an application made in writing in that behalf within a period of one year from the date of such order to such authority as may be empowered in this behalf by the State Government by the person in whose favour the costs have been awarded.

(3) If there is any balance left of the security deposit under this Part after payment under subsection (2) of the costs referred to in that sub-section, such balance, or where no costs have been awarded or no application as aforesaid has been made within the said period of one year, the whole of the said security deposit may, on an application made in t

S.51 Execution of orders as to orders as to costs

Any orders as to costs under the provisions of this Part may be produced before the principal civil court within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or business and such court shall execute the order or cause the same to be executed in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit:

Provided that where any such cost or any portion thereof may be recovered by an application made under sub-section (2) of section 50, no application shall lie under this section within a period of one year from the date of such order unless it is for the recovery of the balance of any costs which has been left unrealised after an application has been made under that sub-section owing to the insufficiency of the amount of the security deposit referred to in that sub-section.

S.52 Corrupt practices entailing disqualification

The corrupt practices specified in Schedule II shall entail disqualification for membership of the Council for a period of five years counting from the date on which the finding of the prescribed authority as to such practice has been given:

Provided that the State Government may, for reasons to be recorded, remove the disqualification or reduce the period thereof.

S.Part IV MISCELLANEOUS

S.53 Rules

(1) The State Government may, by notification and after previous publication, make rules to carry out all or any of the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, the State Government may make rules for all or any of the following matters, namely:

(a) the time at which and the place and manner in which election shall be held under section 4;
(b) the salary, allowances and other conditions of service of the Registrar under section 14:
(c) the form of the Register and the particulars to be entered therein under section 15:
(d) the fees chargeable for registration, registration certificates, re-entries of a removed name and alteration of entries in the Register;
(e) the manner in which appeals against the decision of the Registrar shall be heard by the Council under section 17;
(f) the travelling and other allowances payable to members under section 24;

S.54 Regulations

(1) The Council may, with the previous sanction of the State Government, make regulations not inconsistent with this Act of the rules made under section 53 for all or any of the following matters, namely :-

(a) the time and place at which the Council shall hold its meetings under section 12;

(b) the salary, allowances and other conditions of service of officers and servants of the Council, other than the Registrar, under section 14;

S.Section 55 Rules and regulations to be laid before state legislature

Every rule made under section 53 and every regulation made under section 54 shall be laid as soon as may be after it is made before the State Legislature while it is in session for a total period of ten days which may comprise in one session or in two successive sessions, and if before the expiry of the sessions in which it is so laid or the session immediately following the Legislature agree in making any modification in the rule or regulation, as the case may be, or the Legislature agree that such rule or regulation should not be made, the rule or 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 rule or regulation.

S.SCHEDULE I Persons who are entitled to have their names entered in Part A of the Register of Homoeopaths

(1) Homoeopaths who have passed the final examinations held by the Council of the Homoeopathic System of Medicine, Punjab.
(2) Homoeopaths who have passed an examination from a Homoeopathic Institution in the State or outside it; provided that for the purposes of examination such an institution is recognised by the Council subject to any limitations as the Council may consider proper.
(3) Homoeopaths who have been registered by a State Council or Board of Homoeopathic System of Medicine established by law anywhere in the Indian Union by virtue of their having passed a qualifying examination from any of the recognised institutions of such Council or Board.

S.SCHEDULE 1 Corrupt practices for the purposes of section 52

The following shall be deemed to be corrupt practices for the purposes of section 52:

"(1) Bribery, that is to say:-

(A) any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his agent of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing-

(a) a person to stand or not to stand as, or to withdraw from being, a candidate at an election; or
(b) a voter to vote or refrain from voting at an election; or as a reward to -
(i) a person for having so stood or not stood, or for having withdrawn his candidature; or
(ii) a voter for having voted or refrained from voting ;

(B) the receipt of, or agreement to receive, any gratification, whether as a motive or a reward-

(a) by a person for standing or not standing as, or for withdrawing from being, a candidate; or
(b) by any person whomsoever for himself

S.Act The Punjab Homeopathic Practitioner (Amendment) Act 1976

Punjab Act 40 of 1976.

An act to amend the Punjab Homoeopathic Practitioners Act, 1965. Be it enacted by the Legislative of the State of Punjab in the Twenty Seventh year of the Republic of India as Follows:

1. (i) This act may be called the Punjab Homeopathic Practitioners (Amendment) Act, 1976. (ii) It shall come into force on such date as the State Government may by notification appoint.

2. In section three of the Punjab Homeopathic Practitioners Act 1965 (hereinafter referred to as the principal Act): (i) In sub – section (3) the words “residing in Punjab” Occurring between the worlds “eleven members” and “of whom” shall be omitted, and the following proviso shall be added in the end: “Provided that no person shall be so elected unless he is a resident of Punjab” (ii) After the Sub section (5), the following sub section shall be inserted, namely: - (5A) Notwithstanding anything contained in this act all the members holding office immediately before the date

S.Rules The Punjab Homoeopathic practitioners (General) Rules, 1973

(Rules 1-28 follow, outlining registration, forms, certificates, conduct, meetings, and financial rules. Due to length, selected content is summarized: Rules define "Act" as 1965 Act, define application process, fees, register maintenance, appeals, and Council fund operations.)

S.FORM 1 NOMINATION PAPER CONSTITUENCY

Election of members to the council of Homoeopathic System of Medicine, Punjab.

Particulars about the candidate nominated: -

1. Name of the constituency.
2. Name of the candidate (in block letters)
3. Registration certificate No.
4. Father’s Name
5. Date of Birth
6. Sex (male/female)
7. Qualifications, if any, of the candidate as entered in the Register.
8. Address
9. Signature of Proposer.
10. Registration Number of the Proposer.
11. Address of the Proposer
12. Signature of the Seconder.
13. Registration Number of the Seconder.
14. Address of the Seconder.

DECLARATION BY THE CANDIDATE

I hereby declare that I agree to this nomination My name exists in the electoral roll of the constituency at serial No. . Page no. .

Security of fifty rupees has been deposited by me, vide receipt No. dated which is attached herewith.

S.FORM II LIST OF VALIDLY NOMINATED CANDIDATES

list of validly nominated candidates for each constituency.

Name of the constituency.

Serial No.	Name of the candidate	Registration number	Address of the candidate
1.
2.
3.
4.
5.
6.
7.
8.
9.

S.15 Method of Appointment

(I) All appointments to the service shall be made in the following manner, namely:-

(a) In the case of Head Assistant: -
- (i) By promotion from amongst accountants and assistants who have an experience of working on either or both of these post for minimum period of five years or.
- (ii) By transfer form Government, Semi –m Government or
- (iii) By direct appointment
(c) In the case of assistants
- (i) By promotion form amongst the clerks who have an experience as clerks for a minimum period of five years; or
- (ii) By transfer from Government, Semi- stet, or
- (iii) By direct appointment
(d) In the case of stenographers -
- (i) By promotion from amongst the steno – typists who have an experience of working on the post of steno – typist for a minimum period of two years ; or
- (ii) By transfer form Government, Semi – Government offices;

S.16 Salary of the members of services

The members of the service shall be entitled to such scales of pay and allowance as may be authorised by Government from time to time for its own employees of the same class. The scales of pay admissible at present are given in appendix “A” to these regulations.

S.17 Leave & other Conditions of Service

In respect of leave and all other matters not expressly provided for in these regulations, the employees of the council shall be Governed by Punjab Civil Service Rules, Volume I , part I, as may be applicable to government servants of the same status.

S.21 Compensatory Allowance

The Council shall pay compensatory allowance to its employees at the rate as may be applicable to Punjab Government servants of the same status from time to time.

S.22 Other Benefits

The employees will also be entitled to such other benefits as may be sanctioned by the Council from time to time in addition to the above, with the prior approval of the Punjab Government.

S.23 Age of Retirement

The Employees of the Council shall retire on reaching the age of fifty five years, provided that an extension for a period up to three years but not exceeding one year at a time may be allowed by the council in special cases.

S.24 T A and D A

For journeys undertaking by the employees of the Council within or outside the State of Punjab with the permission of the Registrar or the Chairman, the employees will be paid T.A. and D.A. in accordance with the Punjab Civil service Rules, Vol. III (Travelling Allowances Rules) as may be applicable to the Government employees of the same status.

S.25 Assignment of duties

The duties of the staff shall be assigned by the Registrar.

S.26 Allotment of Residential Accommodation of The Staff

The employees of the Council may be allotted such residential quarters as may be available by the council according to their status on payment of rent prescribed for Punjab Government employees. In the alternative, the employees will be paid house rent allowance at the rates admissible to Punjab Government employees.

S.27 Power & relax

When the council is of the opinion that it is necessary or expedient to do so, it may, by order, for reasons to be recorded in writing, relax any of the provision of these regulations with respect to any class or category of persons.

S.28 Probation of Persons Appointed to servise

(1) Persons appointed to a post in the service shall remain on probation for a period of two years, if recruited by direct appointment and one year if recruited otherwise.

Provided that –

(a) Any period, after such appointment, spent on deputation on a corresponding or a higher post shall count towards the period of probation.
(b) in the case of an appointment by transfer, any period of work in equivalent or higher rank, prior to appointment to the service may, in the discretion of the Council, be allowed to count towards the period of probation : and
(c) any period of officiating appointment to the service shall be reckoned as period spent on probation, but no person who has so officiated shall, on the completion of the prescribed period of probation, be entitled to be confirmed, unless he is appointed against a permanent vacancy.

S.29 Seniority of Members in Service

The seniority inter se of members of the service shall be determined separately for each of the sections shown in appendix “A” by the length of continuous service on a post in that very section:

provided that in the case of members recruited by direct appointment, the order of merit determined by the council or other recruiting authority, as the case may be, shall not be disturbed in fixing the seniority:

Provided further that in the case of two members appointed on the same date, their seniority shall be determined as follows: -

(a) a member recruited by direct appointment shall be senior to a member recruited otherwise;
(b) a member appointed by promotion shall be senior to member appointed by transfer;
(c) In the case of members appointed by promotion or transfer, seniority shall be determined according to the seniority of such members in the appointments from which they were promoted or transferred; and
(d) In the case of me

S.30 Discipline, punishment and appeals

(i) In matters relating to discipline, punishment and appeals, members of the service shall be governed by the Punjab Civil Services (Punishment and Appeal) rules, 1970 as amended from time to time.

(ii) the authority, empowered to impose penalties and appellate authority there under in respect of the members of the service shall be as specified in Appendix ‘B’ to these regulations.

S.31 Vaccination

Every member of the Service shall get himself vaccinated or re- vaccinated as and when the Council so directs by a special or general order.

S.32 Oath of allegiance

Every member of the Service, unless he has already done so, shall be required to take oath of allegiance to India and to the constitution of India as by law established.

S.APPENDIX A COUNCIL OF HOMOEOPATHIC SYSTEM OF MEDICINE PUNJAB

Serial No.	Designation of Post	No. of posts	Scale of pay	Prescribed qualifications
1.	Head assistand	One	300-25-500/25-550	(i) Graduate with two years experience as accountant or stenographer
2.	Accountant	One	225-15-360/20-500	(i) B. com. With five years experience (ii) security of Rs. 500
3.	Assistants	Two	160-10-280/15-400	(i) Matric (ii) Knowledge of Punjabi, Hindi upto matric standard
4.	Stenographer	One	160-10-280/15-400	(i) Matric (ii) Knowledge of Punjabi, Hindi upto Matric Standard
5.	Cashier	One	160-10-280/15-400	(i) Matric (ii) Knowledge of Punjabi and Hindi upto Matric Standard. (iii) Security of Rs. 500
6.	Clerks

S.APPENDIX B PENALTY

Serial No.	Designation of the official	Nature of penalty/ or order	Authority empowered penalty or pass order
1.	All members of the service of the council	(i) Censure; (ii) withholding of his promotions; (iii) Recovery from his pay of the whole or part of any pecuniary loss caused by him to Council by negligence or breach of orders: (iv) withholding of increments of pay; (v) reduction to a lower stage in the time scale of pay for a sspecified period... (viii) Removal from service... (ix) dismissal from service	Appellate Authority Council Government

S.APPENDIX C PROVIDENT FUND REGULATIONS

1. (a) ‘Interest ’ means the interest accrued on the balance of a subscriber to the Provident Fund Calculated as if such balance were a deposit in the savings Bank;

(b) “Salary” means monthly salary and includes special pay, if any, but does not include traveling allowance. Conveyance allowance or other such allowance.

(d) “servant” includes every servant of the council who holds a substantive or temporary post under the council;

(e) “subscriber” means a servant who is required or permitted to subscribe to the Provident Fund by the Council .

(f) “Fixed Deposit Account” means & fixed Deposit Account in any branch of the state Bank of India, State Bank of Patiala, or any other Bank in India functioning as a subsidiary to the State Bank of India or functioning under the supervision or control of Reserve Bank of India.

2. Every s

S.18 Amendment to Regulations

(b) In regulation No. 9A in sub-part (ii), the following provision shall be added at the end - "Provided that the subscriber shall not be required to refund or deposit any amount or its portion he had contributed towards payment of premium to the Life Insurance Corporation from his own pocket, in the Provident Fund."

18. In appendix "c" the regu1aton No. 10 (i) shall be substituted by the following new regulation:

"10(i) When a subscriber dies, the amount shown to the credit of his account in column No.6 of the Provident Fund Account ledger plus interest accrued to date shall be withdrawn form the Saving Bank and payment of such amount shall be made-

(a) If the deceased had during his/her lifetime made a valid declaration with regard to its payment -

(i) To his widow or widows, or husband as the case may be, and
(ii) To his child or children if there be more than one; in such proportions as the deceased may have declared it to be payable;<

S.19 Amendment to Appendix C

19. (a) In appendix C, in regulation No. 10 of the said regulations part (ii) and (3) and (4) shall be renumbered and read as (3), (4) and (5) respectively.

(b) In appendix 'C' in the explanation to regulation No. 10 of the said regulations, the words "Sub-Clause (i)" shall be substituted by the words, figures and brackets "Sub-Regulation (1)".

(c) In appendix "C" in the regulation No. 10, in sub-regulation No. (3) the words figures and brackets, "sub-regulation (i)" shall be substituted by the words, figures and brackets "sub-regulation (1)".

S.20 Substitution of Appendix D

20. The existing appendix "D" shall be substituted by the new appendix "D" as appended to these regulations.

S.3 Moderation of Results

(1) Before the results are declared, the result alongwith a statement of percentage of passes in the whole examination and in each subject, for the current and the preceding year shall be submitted to the Chairman by the Registrar.

S.4 Publication of results

(2) The Chairman shall order publication of the results. If on scrutiny of the figures, the Chairman considers that there has been distinct fall in the pass percentage in the whole examination in a particular subject, he may refer the matter to the Board of Studies for a specific modification of the results or to take any other action he considers necessary before ordering the publication of the results. The Board of Studies may get the result improved by giving some special additional grace marks if it is satisfied that pass percentage is low.

4. Publication of results

(1) For calculating pass marks for each examination, if a fraction is half or more it shall be rounded off to the next higher figure. If a fraction is less than one-half, it shall be ignored.

(2) The Registrar shall publish the results of the examinations. The lists of students taking the examination, showing in the case of successful candidates, the marks obtained by them, shall be simultaneous

S.5 Rectification of Results

(1) The Council shall have the power to quash the result of a candidate after it has been declared if-

(i) he is disqualified for using unfair means in the examination; or
(ii) a mistake is discovered in the result; or
(iii) he is found in-eligible to appear in the examination; or
(iv) for any other reason considered valid for the purpose

(2) A candidate shall be entitled, to have his answer books retotalled on payment of a fee of Rs. 15 per paper He shall also be entitled to see his answer books to ensure that these pertained to him, on payment of inspection fee of Rs. 15 per paper subject to the following conditions :-

(i) Application for retotaling is submitted to the Registrar within 30 days of the date on which the result is declared by the Council;
(ii) Retotaling will be done only to see that the marks awarded for various answers have been correctly added and that all the answer have been assessed by

S.6 Enrolment of Students

(1) The Registrar shall maintain a Register of students studying for the Council examinations. The Register shall contain, in respect of each student the name in full, the name of father, institution entered, date of admission, date of leaving the institution, every pass or failure in a Council examination with roll number, any University/Council scholarship, medal or prize won by the student, any diploma or punishment awarded and every diploma or degree taken by him.

(2) All students enrolled under the preceding regulation shall be called "Students of the Council".

(c) The Principal of every college, admitted to the privileges of the Council shall forward to the Registrar within one month of the date of admission, the names of the students together with their enrolment fees.

If a student is struck off the rolls of the institutions or is rusticated or expelled, the fact shall immediately be reported to the Registrar for record in the Register of the students.

S.7 Migration of Students from one College to another

(1) No student who has joined one college shall be admitted to another college during the same course unless the Principals of the colleges concerned agree and the sanction of the Registrar is obtained on the application form submitted by the student, alongwith a fee of Rs. 10.

(2) The Registrar may allow migration in special cases not covered by these regulations.

(3) The Principal of the College from which a student seeks migration shall issue a College Leaving Certificate within one month of sanction for migration being notified by the Registrar.

(4) The migrating student must join the new college within fifteen days of the sanction of Migration. Otherwise his migration will automatically be cancelled unless the period is for sufficient cause extended by the Chairman.

(5) If a student changes his mind after putting in his application for migration he must inform the college concerned and also the Registrar immediately.

(6) No transfer certifica

S.8 Migration of Students form other Councils to the Council Teaching Colleges Admitted to the Privileges of this Council

(1) Except when authorised by the Council migration of a candidate from a Homoeopathic College which has not been Recognised by the Central Council of Homoeopathy shall not be permitted.

(2) The migrating student must have;

(i) Passed the Intermediate Examination:

Provided that as far as possible migration shall be allowed only in such cases where the candidates seeking migration had secured nearly the same numbers of marks in the lower qualifying examinations for admission to the Intermediate course, as had been obtained by the last candidate admitted on merit, but in no cases migration would be allowed, where the person seeking migration did not fulfill the original minimum eligibility requirement laid down for the first year of the course.

(ii) Obtained the permission of the Principal of the College concerned as well as the Council from which he wants to migrate.

(3) The migrating student must join the new college within 15 days of the sanction

S.9 General

(1) Any student studying in a Homoeopathic College not admitted to the privilege of the Council whose standards and examinations are recognised as equivalent to the standards and examinations of this Council shall be eligible to migrate to other college in the same class, provided the Principals of the respective colleges and the Registrars of the respective Councils agree to such a migration. The migration will be allowed only after the student has passed the DHMS Intermediate examination subject, to the fulfillment of conditions provided in the regulations relating to Migration of Students.

S.10 Examination Fees

(1) (a) The Registrar may, considering the circumstances of the cases, sanction remission of late fee.

(b) The chairman may, considering the circumstance of the case sanction the remission of extra late fee or both late fee as well as extra late fee.

(c) For the purpose of calculating late fee/extra late fee, the date of remittance of money by the candidate from the post office bank shall be taken as the date of receipt thereof by the Council.

(2) The admission form and fee of candidate whose result is declared after the expiry of the last date fixed for the submission of forms and fees to the Council office be accepted within ten days of the publication of the result without charging any late/extra fee. The period of 10 days shall be counted from the date of publication of result in the College. The date of publication in the college will be considered by adding three days on which the result was actually declared by the Council irrespective of the fact that w

S.11 Grace Marks

(4) A candidate who fails to present himself for examination shall not be entitled to refund of the fee or to have it kept in deposit for a subsequent examination provided that

(i) If a candidate dies before the commencement of the examination, the fee shall be refundable to his legal heirs;
(ii) If a candidate is declared ineligible to appear in the examination, he shall be entitled to refund of fee.
(iii) If a woman candidate is unable to appear in the examination for a maternity reasons, her fee may be held over to the next examination provided that the application supported by a medical certificate, for crediting the fee for the examination is made to the Registrar within three months of the termination of the examination concerned.

The application for refund of the fee should be made within three months of the candidate having been declared ineligible for the examination.

11. Grace Marks

(1)(i) A candidate who fa

S.12 Punishment for false statement

The Registrar shall have the power to disqualify a person if he is found guilty of obtaining or attempting to obtain a certificate or diploma to which he is not entitled for such period as he may consider necessary Such cases shall be reported to the Council.

S.13 Withdrawal of Admission Forms and Refund of Fees

(1) An admission form once submitted may be withdrawn by a Principal only under the following conditions :

(i) When a candidate has been sent up provisionally for shortage of attendance and that shortage has not been made up or condoned in accordance with the Regulations, Provided that the final report in respect of shortage cases shall be sent so as to reach the Council office at least 10 days before the Commencement of the examination. Provided further that no request for restoration of candidature received during 5 days preceding the commencement of the examination shall be entertained. Admission form of a candidate who has completed the required percentage of lectures calculated on the basis of lectures delivered up to one month before the date of examinations cannot be withdrawn.

(ii) When a candidate's name has been struck off the rolls of the institution for no- payment of college/dues, provided such action has been taken before the commencement of the examinat

S.14 Principal of Colleges to act as Controller of Examination Centres to maintain discipline

(1) Unless otherwise decided by the Council Principals of the colleges who are required to be in station in connection with the Council examination to maintain discipline outside the Examination Centres located in their colleges shall be paid Rs. 200 for the Annual Examination of the Council, and if the number of Examination Centres at the college is more than one the Principal concerned shall be paid an additional remuneration at the rate of Rs. 100 per centre subject to overall maximum limit of Rs. 400. For the supplementary Examination the Principal of the college where the Centre is located, shall be paid Rs. 100 and if the number of Examination Centres is more than one, the Principal shall be paid an additional remuneration at the rate of Rs. 50 per cent subject to overall maximum limit of Rs. 200. The Principal of a college shall act as Inspector of Examination Centre(s) of his college. He/She would inspect the centre at least four times in the Annual Examinations and twice i