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HOMOEOPATHY CENTRAL COUNCIL ACT, 1973
STATEMENT OF OBJECTS AND REASONS "The Indian Medicine and Homoeopathy Central Council Bill, 1968 was introduced in the Rajya Sabha on the 27th December, 1968 for the setting up of a composite Central Council for Indian Systems of Medicine and Homoeopathy. The Joint Committee of Parliament considered the Bill. The exponents, not only of Homoeopathy but also of the three systems of Indian Medicine viz., Ayurved, Siddh and Unani asserted before the Committee that the basic concepts of Indian System of Medicine were different from the fundamentals of Homoeopathy and as such a separate Council for Homoeopathy should be provided. For the proper growth and development of all the four systems, the committee recommended two separate Central Councils; one for all the three Indian Systems of Medicine and the other for Homoeopathy. 2. Moreover, minimum standards for admission duration of course of training, details of curricula and syllabi of- studies of Homoeopathy and the title of the degree or diploma vary from State to State and even from institution to institution in the same State. The Homoeopathy Advisory Committee which was appointed by the Government of India, have recommended that in order to maintain uniformity, all the courses which are less than 4 years in duration shall have to be brought to the standard of the 4 year course (viz. D.H.M.S.) as prescribed by that Committee. A similar recommendation in this regard has also been made by the Central Council of Health. 3. Further a few States have constituted State Boards or Councils either by legislation or by executive orders, for the purpose of registration of practitioners in Homoeopathy as well as recognition of medical qualifications in Homoeopathy. There is, however, no Central Legislation for the regulation of practice or for minimum standards of training and conduct of examination in this system of medicine on all India basis. A Statutory Central Council on the lines of the Medical Council of India of the modern system of medicine is a prerequisite for the proper growth or development of Homoeopathy. 4. The main functions of the Central Council of Homoeopathy would be to evolve uniform standards of education in Homoeopathy and the registration of practitioners of Homoeopathy. The registration of practitioners on the Central Register of Homoeopathy will ensure that medicine is not practiced by those who are not qualified in this system, and those who practice, observe a code of ethics in the profession. The Bill is intended to achieve these objectives."-Gaz. of Ind., 1-12-1971, Pt. II, S. 2, Ext., p. 837.
, An Act to provide for the constitution of a Central Council of Homoeopathy and the maintenance of a Central Registrar of Homoeopathy and for matters connected therewith. Be it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:-
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(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 date2as 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.
SECTION 02: DEFINITIONS
(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 which grants degrees, diplomas or licences in Homoeopathy;
(f) "prescribed" means prescribed by regulations;
(g) "recognised medical qualification" means any of the medical qualifications in Homoeopathy, included in the Second or the Third Schedule;
(h) "regulation" means a regulation made under section 33-;
(i) "State Register of Homoeopathy" means a register or registers maintained under any law for the time being in force in any State regulating the registration of practitioners of Homoeopathy;
(j) "University" means any University in India established by law and having a Faculty of Homoeopathy and includes a University in India established by law in which instruction, teaching, training or research in Homoeopathy 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.
SECTION 03: CONSTITUTION OF CENTRAL COUNCIL
(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 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 per cent. of the total number of members elected under clauses (a) and (b), as may be nominated by the Central Government, from amongst persons having special knowledge or practical experience in respect of Homoeopathy 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 there under, 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 reference to elected members in this Act shall be construed as including reference 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
SECTION 04: MODE OF ELECTION
(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.
SECTION 05: RESTRICTION ON ELECTIONS AND MEMBERSHIP
(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
SECTION 06: INCORPORATION OF CENTRAL COUNCIL
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.
SECTION 07: TERM OF OFFICE OF PRESIDENT, VICE--PRESIDENT AND MEMBERS OF CENTRAL COUNCIL
(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 Homoeopathy, 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 Homoeopathy 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.
SECTION 08: MEETINGS OF CENTRAL COUNCIL
(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.
SECTION 09: THE EXECUTIVE COMMITTEE AND OTHER COMMITTEE
(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
SECTION 10: MEETINGS OF COMMITTEES
(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
SECTION 11: OFFICERS AND OTHER EMPLOYEES OF CENTRAL COUNCIL
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
SECTION 12: VACANCIES IN THE CENTRAL COUNCIL AND COMMITTEE THEREOF NOT TO INVALIDATE ACTS ETC
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.
SECTION 12A: PERMISSION FOR ESTABLISHMENT OF NEW MEDICAL INSTITUTION NEW COURSE OF STUDY ETC.
(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 postgraduate 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.—For the purposes of this section, "person" includes any University or a trust, but does not include the Central Government.
Explanation 2.—For the purposes of this section, "admission capacity", in relation to any course of study or training (including postgraduate course of study or training) in a medical institution, means the maximum number of students as may be decided by the Central Council from time to time for being admitted to such course or training.
(2)
(a) Every person or medical institution shall, for the purpose of obtaining permission under sub-section (1) submit to the Central Government a scheme in accordance with the provisions of clause (b) and the Central Government shall refer the scheme to the Central Council for its recommendations. (b) The scheme referred to in clause (a) shall be in such form and contain such particulars and be preferred in such manner and be accompanied with such fee as may be prescribed. (3) On receipt of a scheme from the Central Government under sub-section (2), the Central Council may obtain such
other particulars as may be considered necessary by it from the person or the medical institution concerned, and thereafter, it may,—
(a) if the scheme is defective and does not contain any necessary particulars, give a reasonable opportunity to the person or medical institution concerned for making a written representation and it shall be open to such person or medical institution to rectify the defects, if any, specified by the Central Council;
(b) consider the scheme, having regard to the factors referred to in subsection (7), and submit it to the Central Government together with its recommendations thereon within a period not exceeding six months from the date of receipt of the reference from the Central Government.
(4) The Central Government may, after considering the scheme and the recommendations of the Central Council under sub-section (3) and after obtaining, where necessary, such other particulars as may be considered necessary by it from the person or medical institution concerned, and having regard to the factors referred to in sub-section (7), either approve (with such conditions, if any, as it may consider necessary) or disapprove the scheme and any such approval shall constitute as a permission under sub-section (1) :
Provided that no scheme shall be disapproved by the Central Government except after giving the person or medical institution concerned a reasonable opportunity of being heard: Provided further that nothing in this sub-section shall prevent any person or medical institution whose scheme has not been approved by the Central Government to submit a fresh scheme and the provisions of this section shall apply to such scheme, as if such scheme had been submitted for the first time under sub-section (2).
(5) Where, within a period of one year from the date of submission of the scheme to the Central Government under sub -section (2), no order is communicated by the Central Government to the person or medical institution submitting the scheme, such scheme shall be deemed to have been approved by the Central Government in the form in which it was submitted, and, accordingly, the permission of the Central Government required under sub-section (1) shall also be deemed to have been granted.
(6) In computing the time-limit specified in sub-section (5), the time taken by the person or medical institution concerned in submitting the scheme, in furnishing any particulars called for by the Central Council, or by the Central Government, shall he excluded.
(7) The Central Council, while making its recommendations under clause (b) of sub-section (3) and the Central Government, while passing an order, either approving or disapproving the scheme under sub-section (4), shall have due regard to the following factors, namely:—
(a) whether the proposed medical institution or the existing medical institution seeking to open a new or higher course of study or training, would be in a position to offer the minimum standards of medical education as prescribed by the Central Council under Section 20;
(b) whether the person seeking to establish a medical institution or the existing medical institution seeking to open a new or higher course of study or training or to increase its admission capacity has adequate financial resources;
(c) whether necessary facilities in respect of staff, equipment, accommodation, training, hospital and other facilities to ensure proper functioning of the medical institution or conducting the new course of study or training or accommodating the increased admission capacity have been provided or would be provided within the time-limit specified in the scheme;
(d) whether adequate hospital facilities, having regard to the number of students likely to attend such medical institution or course of study or training or as a result of the increased admission capacity, have been provided or would be provided within the time-limit specified in the scheme;
(e) whether any arrangement has been made or programme drawn to impart proper training to students likely to attend such medical institution or the course of study or training by the persons having the recognised medical qualifications;
(f) the requirement of manpower in the field of practice of homoeopathic medicine in the medical institution; and
(g) any other factors as may be prescribed.
(8) Where the Central Government passes an order either approving or disapproving a scheme under this section, a copy of the order shall be communicated to the person or medical institution concerned.
SECTION 12B: NON--RECOGNITION OF MEDICAL QUALIFICATIONS IN CERTAIN CASES.
(1) Where any medical institution is established without the previous permission of the Central Government in accordance with the provisions of Section 12-A, 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 postgraduate course of study or training) without the previous permission of the Central Government in accordance with the provisions of Section 12-A. 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 study or training without the previous permission of the Central Government in accordance with the provisions of Section 12-A, medical qualification granted to any student of such medical institution on the basis of the increase in its admission capacity shall not be deemed to be recognised medical qualification for the purposes of this Act.
SECTION 13: RECOGNITION OF MEDICAL QUALIFICATIONS GRANTED BY CERTAIN MEDICAL INSTITUTIONS IN INDIA
(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
SECTION 14: RECOGNITION OF MEDICAL QUALIFICATIONS GRANTED BY MEDICAL INSTITUTIONS IN STATES OR COUNTRIES OUTSIDE INDIA
(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 such medical qualification declaring that it shall be a recognised 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 recognized medical qualification and the provisions of clause (a) shall apply accordingly.
SECTION 15: RIGHTS OF PERSONS POSSESSING QUALIFICATIONS INCLUDES IN SECOND OR THE THIRD SCHEDULE TO BE ENROLLED
(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 possesses a recognized medical qualification and is enrolled on a State Register or the Central Register of Homoeopathy,-
(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 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 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, 1872on any matter relating to Homoeopathy.
(3) Nothing contained in sub-section (2) shall affect-
(a) the right of a practitioner of Homoeopathy enrolled on a State Register of Homoeopathy to practice Homoeopathy in any State merely on the ground that, on the commencement of this Act, he does not possess a recognised medical qualification;
(b) the privileges (including the right to practice Homoeopathy) conferred by or under any law relating to registration of practitioners of Homoeopathy for the time being in force in any State, on a practitioner of Homoeopathy enrolled on a State Register of Homoeopathy;
(c) the right of a person to practice Homoeopathy in a State in which on the commencement of this Act, a State Register of Homoeopathy is not maintained if, on such commencement, he has been practicing Homoeopathy for not less than five years;
(d) the rights conferred by or under the Indian Medical Council Act, 1956[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, 1970of 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.
SECTION 16: POWER TO REQUIRE INFORMATION AS TO COURSES OF STUDY AND EXAMINATIONS.
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.
SECTION 17: INSPECTORS AT EXAMINATIONS
(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 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 Homoeopathy, 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
SECTION 18: VISITORS AT EXAMINATIONS
(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 for giving education in Homoeopathy 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.
SECTION 19: WITHDRAWAL OF RECOGNITION
(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 or medical institution is situated 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 recognised medical qualification in relation to a specified college or institution affiliated to any University only when granted after a specified date
SECTION 20: MINIMUM STANDARDS OF EDUCATION IN HOMOEOPATHY.
(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.
SECTION 21: THE CENTRAL REGISTER OF HOMOEOPATHY
(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 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 the meaning of the Indian Evidence Act, 1872, and may be proved by a copy published in the Gazette of India.
SECTION 23: REGISTRATION IN THE CENTRAL REGISTER OF HOMOEOPATHY<
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